Design Response Report
Site Context
Clause 56 Compliance
State & Local Planning Policy Framework compliance
Twenty Three (23) Lot Subdivision
Removal of Native Vegetation under Clause 52.17
Removal of Vegetation under Clause 53
Variation of a Drainage & Sewerage easement
524 - 526 Hull Road & part of 530A Hull Road
Mooroolbark
(File Ref: 34/2012)
Report prepared by Planning Sense:
Simon Skinner
Town Planning Consultant
BPD BTRP (Melb)
Office: 9727 5084
Mob: 0405 447 095
Email: planningsense@bigpond.com
Amended November 2014 (Version 6 - 20th May 2014)
Intellectual Copyright Protected
This Design Response Report has been prepared in support of a s96A Planning Permit Application for a 23
lot subdivision at 524 - 526 Hull Road and part of 530A Hull Road, Mooroolbark in conjunction with the
formal request to rezone 524 - 526 Hull Road from a Rural Living Zone to proposed Clause 32.09
Neighbourhood Residential Zone - Schedule 1 (NRZ1).
The Report will provide an assessment of the proposed subdivision design response against relevant Clause
56 Standards of the Yarra Ranges Planning Scheme and must be read in conjunction with the Site - Context
Description & Design Response Plan prepared by JCA Land Consultants (Version 14 - 17.01.2014).
1.
EXISTING PLANNING SCHEME CONTROLS

The subject site is currently located within a Rural Living Zone under the Yarra Ranges Planning
Scheme and is not currently affected by any Overlay controls.
2.
PROPOSED PLANNING SCHEME CONTROLS

In October 2012, Culture Homes P/L formally lodged a Planning Scheme Amendment request to
rezone the subject land to a Residential 3 Zone and apply a Development Plan Overlay and
Significant Landscape Overlay.
Yarra Ranges Shire Council subsequently advised the proponent in March 2013 that a s96A Planning
Permit Application process was the preferred methodology for controlling the future subdivision
layout of the land (as opposed to application of a Development Plan Overlay).
As a result of discussions and negotiations with Yarra Ranges Shire Council, the proponent has
agreed to proceed with a joint s96A Planning Permit Application.
The proposed Planning Scheme Amendment process (as outlined in the associated Explanatory
Report) no longer seeks to apply a Development Plan Overlay to the land however Significant
Landscape Overlay- Schedule 23 remains a fundamental component of the Amendment process.
In December 2013, Yarra Ranges Shire Council advised the proponent that the Neighbourhood
Residential Zone - Schedule 1 would need to be applied to the subject site in place of the soon to
be superseded Residential 3 Zone.
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3.
SITE DESCRIPTION
3.1
Site configuration
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The subject site is vacant land fronting Hull Road which is contextually located between Regal
Terrace (former 1 Neryl Court) and the western (rear) boundary of three (3) lots and a Municipal
Reserve in Beaulieu Avenue.
Land proposed to be subdivided into 23 lots and public open space comprises two (2) Titles known
as Lot 8 PS 205630P (C/T VOL. 9772 FOL. 198) and part of Lot 1 TP 950498Y (CT VOL. 11375 FOL. 233).
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3.2
Existing Site Development
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The subject site does not contain any existing building structures.
3.3
Topography and Contours

Gently sloping land topography falls approximately 8m from Hull Road towards the southwest corner
and generally terminates as natural drainage alignment across the southern boundary.
3.4
Vegetation and environment

Vegetation located within the subject site was extensively documented and assessed by Paul Kelly
& Associates and NJR & Associates within technical documents submitted to Yarra Ranges Shire
Council on 24th April 2013 and now subsequently revised as follows:
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Flora & Fauna assessment - Paul Kelly & Associates (Version 5 - revised 26th August 2013);
Forensic arboricultural assessment - NJR & Associates (revised 10th October 2013).
Both of these technical Reports must be considered in detail as part of the rezoning request and 23
lot subdivision Application in order to understand the existing arboricultural and ecological values of
the land and the highly degraded environmental status of the property.
524 - 526 Hull Road and part 530A Hull Road, Mooroolbark
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4.
LOCAL NEIGHBOURHOOD CONTEXT
4.1
Northern Context
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4.2
Western Context
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4.3
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A large property fronting Neryl Court abuts the southern boundary of the subject site (2 Neryl
Court).
This 2 hectare property exhibits a semi rural character and contains a single dwelling located in a
landscaped setting, which is physically and visually isolated from the subject site.
A Planning Scheme Amendment request has been independently submitted to Yarra Ranges
Shire Council by Millar & Merrigan for rezoning of this land (approved by the Minister for Planning).
Eastern Context
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5.
Conventional residential lots in Regal Terrace form the western context of the subject site.
These properties are currently in the process of being developed with single dwellings that will
present landscaped front/side gardens towards the subject site.
This interface now exhibits a traditional suburban character which provides strong planning
justification and rationale for the subject site to be re-zoned for residential purposes.
Southern Context
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4.4
Hull Road functions as major east/west arterial road and carries high traffic volumes in both
directions past the subject site.
The road pavement is isolated from a majority of the subject site due to the sloping land
topography and a wide nature strip that forms part of the road reserve.
Properties on the northern side of Hull Road are orientated internally within the Lilydale Lakes
Estate and present rear boundaries towards the subject site across a vegetated Tree Reserve.
Land to the east comprises the rear boundaries of single dwelling properties within the Low
Density Residential Zone.
These properties contain a reasonable amount of vegetation which provides an effective visual
and physical screen.
DESIGN RESPONSE ASSESSMENT – CLAUSE 56 OBJECTIVES & STANDARDS
Under Clause 32.09-2 Subdivision, a Permit is required to subdivide land. While the Neighbourhood
Residential Zone - Schedule 1 has not been formally applied to the subject site at this stage, a s96A
Planning Permit Application process anticipates subdivision of the land in accordance with Clause 56.
An application to subdivide land, other than an application to subdivide land into lots each containing an
existing dwelling or car parking space, must comply with Clause 56 and:
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Must meet all of the objectives included in the clauses specified in the following table.
Should meet all of the standards included in the clauses specified in the following table.
16 - 59 lots - all except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3.
56.02 POLICY IMPLEMENTATION
56.02-1 Strategic implementation objective - Standard C1 - COMPLIES WITH STANDARD

A detailed assessment of Local Policy objectives and strategies contained in Clause 21 and 22 of the
Yarra Ranges Planning Scheme has been provided in Section 5 of this Design Response Report.
524 - 526 Hull Road and part 530A Hull Road, Mooroolbark
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56.03 LIVABLE AND SUSTAINABLE COMMUNITIES
56.03-4 Built environment objective - Standard C6 – COMPLIES WITH STANDARD
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The creation of suburban scale lots to facilitate the construction of single dwellings represents a
continuation of processes which have been relevant in this local neighbourhood since 2008.
Adjoining land to the west and south has either been previously rezoned for residential purposes (1
Neryl Court) or is subject to current Planning Scheme amendment processes to facilitate this
outcome (2 Neryl Court).
This subdivision design response is the final piece of infill subdivision required in this neighbourhood to
achieve the logical extent of urbanisation adjacent to the Low Density Residential Zone boundary.
The potential to build upon the suburban lot pattern spreading from the west and south is
considered vital in order to achieve an integrated subdivision layout particularly in respect of the
road configuration and creation of a normal/typical housing environment for future residents.
56.04 LOT DESIGN
56.04-1 Lot diversity and distribution objectives – Standard C7 – COMPLIES WITH STANDARD
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The creation of 23 lots as part of an infill subdivision layout which makes logical connection with
existing suburban scale lots to the west and proposed suburban scale lots to the south represents an
acceptable planning outcome.
Conventional shaped lots proposed under this design response will be predominantly suitable for
single dwelling construction.
There is no proposed medium or high density housing provision under this design response due to the
more remote location of the subject land in respect of Activity Centre facilities/services.
Given the expectation for a conventional subdivision pattern to be achieved by this subdivision
design response and the Council initiated planning preference for lots to generally exceed 650m2,
lot diversity has been diminished to some degree in order to achieve a higher level of consistency
with established streetscape and neighbourhood character values.
56.04-2 Lot area and building envelopes objective - Standard C8 – COMPLIES WITH STANDARD
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As the subdivision design response creates 23 vacant lots which exhibit areas greater than minimum
609m2, this Standard does not envisage the use of a Building Envelope.
This Standard states that “Lots of between 300m2 and 500m2 should:
- If no development of the lot has been approved under this scheme, contain a building
envelope and be able to contain a rectangle measuring 10m by 15m, or 9m by 15m if a
boundary wall is nominated as part of the building envelope”.
The length, width and depth of Lots 1 - 23 will clearly provide an opportunity for the construction of a
dwelling with substantial front, side and rear boundary setbacks.
56.04-3 Solar orientation of lots objective – Standard C9 – COMPLIES WITH STANDARD
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The open configuration, substantial dimensions and conventional north/south and east/west
orientation of Lots 1 - 23 proposed under this design response will ensure that the subdivision is
capable of providing appropriate solar access opportunities for future dwellings.
56.04-4 Street orientation objective – Standard C10 – COMPLIES WITH STANDARD
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Lots 1 - 23 exhibit direct frontage to either the existing or proposed road network in order to create a
strong sense of streetscape integration and casual surveillance opportunities.
High fencing will be required along sections of the street sideage of Lots 15, 19 and 20 - 23 in order to
provide appropriate security and privacy for rear secluded private open space yards however these
lots will maintain an open street frontage.
56.04-5 Common area objectives – Standard C11 – NOT RELEVANT
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The provisions of this Standard are not relevant to the subdivision design response given that each lot
exhibits direct frontage to the street network (with separate vehicle driveway access/egress) and no
common property or carriageway easements will be required.
524 - 526 Hull Road and part 530A Hull Road, Mooroolbark
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56.05 URBAN LANDSCAPE
56.05-1 Integrated urban landscape objectives – Standard C12 – COMPLIANT SUBJECT TO DESIGN
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While proposed Lots 1 - 23 will provide landscape planting opportunities in conjunction with the
future construction of a dwelling, there is also a logical expectation for the public realm (road
reserve nature strips) to contain an integrated landscape treatment.
Due to the small, infill nature of this subdivision design response, there is no doubt that a suitable
landscape theme can be implemented within the proposed road network, therefore it would be
appropriate for a landscape design to be required as a Condition of Permit.
56.05-2 Public open space provision objectives – Standard C13 – COMPLIANCE SUBJECT TO NEGOTIATION
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In accordance with detailed discussions and negotiations undertaken with Council Officers, a public
open space reserve has been nominated on the plan of subdivision.
The public open space comprises land from both 524 - 526 Hull Road and 530A Hull Road and is
designed to increase the area of existing public open space Beaulieu Reserve).
56.06 ACCESS AND MOBILITY MANAGEMENT
56.06-2 Walking and cycling network objectives – Standard C15 – COMPLIES WITH STANDARD
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Each lot is located within convenient walking and cycling distance of commercial, public transport
and community facilities in the local neighbourhood.
The infill configuration of the subdivision prevents any opportunity to create new walking or cycling
trails that will integrate with existing road linkages.
56.06-4 Neighbourhood street network objective – Standard C17 – COMPLIES WITH STANDARD
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Due to the infill configuration of proposed Lots 1 - 23, vehicle access/egress must occur via an
existing and proposed street network which carries low traffic volumes.
The proposed lot frontage connections with the street network represent a safe, convenient and
logical outcome, which provides the highest level of compliance with Traffic Engineering protocols.
Each lot exhibits direct frontage to the street network that will allow safe and efficient accessibility
by emergency service vehicles.
56.06-5 Walking and cycling network detail objectives – Standard C18 – COMPLIES WITH STANDARD
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Footpaths will be designed within the nature strip of each road reserve where relevant in order to
connect with the existing and proposed footpath network to the west and south.
The design response provides a strip of land adjacent to the southern boundary that will supplement
land taken from the proposed subdivision to the south to create pedestrian and cycling connections
with Beaulieu Reserve to the east.
56.06-6 Public transport network detail objectives – Standard C19 – NOT RELEVANT
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This small infill subdivision will not be required to provide public transport facilities within the road
reserve.
56.06-7 Neighbourhood street network detail objective – Standard C20 – COMPLIES WITH STANDARD
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The street network has been subject to detailed design and review within the Traffic Engineering
Assessment undertaken by TTM Consulting (revised 24th October 2013).
This technical assessment has ensured that the proposed streets are designed with:
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appropriate lengths and widths to cater for their intended traffic capacity;
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appropriate splays at intersections and other key points for vehicle sight lines;
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verges that will be capable of containing footpaths/street tree planting/lighting and other
street furniture; and
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a geometry that will ensure a safe environment for all users.
524 - 526 Hull Road and part 530A Hull Road, Mooroolbark
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56.06-8 Lot access objective – Standard C21 – COMPLIES WITH STANDARD
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The future placement of crossovers on lot frontage will be carefully determined in accordance with
the Engineering requirements of Yarra Ranges Shire Council.
Each lot exhibits direct frontage to the street network and will be accessed/egressed via a single
crossover which is designed to allow safe, convenient and logical vehicle movements.
56.07 INTEGRATED WATER MANAGEMENT
56.07-1 Drinking water supply objectives – Standard C22 – COMPLIES WITH STANDARD
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The subject site will be capable of connecting with the reticulated water supply available in this
local neighbourhood.
The supply of drinking water to the frontage of each lot will be subject to the design and
construction requirements of the relevant servicing authority.
56.07-2 Reused and recycled water objective – Standard C23 – COMPLIES WITH STANDARD
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The requirements of the relevant servicing authority regarding the provisions of re-used or recycled
water to the site is unknown at this stage, however there is no obvious need for this outcome given
that a reticulated potable water supply is available.
56.07-3 Waste water management objective – Standard C24 – COMPLIES WITH STANDARD
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The subject site will be capable of connecting with reticulated sewerage infrastructure available in
this local neighbourhood.
Sewerage connections for Lots 1 - 23 will be designed and constructed in accordance with the
requirements of the relevant servicing authority.
56.07-4 Urban run-off management objectives – Standard C25 – COMPLIES WITH STANDARD
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Legal Point of Discharge drainage works associated with the subdivision will be constructed in
accordance with the Engineering requirements specified by the Responsible Authority.
On site stormwater drainage disposal within Lots 1 - 23 will be determined and approved as part of
future dwelling construction.
Detailed drainage works required for the proposed subdivision have been negotiated with Council
officers in conjunction with proposed drainage works at 2 Neryl Court and have been outlined in the
Drainage Strategy prepared by JCA Land Consultants (revised 28th October 2013).
56.08 SITE MANAGEMENT
56.08-1 Site management objectives – Standard C26 – COMPLIES WITH STANDARD
Erosion and sediment
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As major construction works will be required for the creation of the proposed road network and 23
residential lots (including drainage and fencing), it is considered that a Construction Management
Plan should be required as a Condition of Permit.
The sloping land topography will have some potential to cause land erosion and associated
sediment run off towards the southern boundary, however detrimental effects can be prevented
with appropriate erosion and sediment management techniques.
Dust
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Road and subdivision construction works have some potential to cause dust emissions however
appropriate site management techniques will prevent dust from causing a local nuisance.
Run-off
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It is anticipated that Lots 1 - 23 will require legal point of discharge works.
Drainage run off will need to controlled and limited by techniques to be implemented under the
future Construction Management Plan.
524 - 526 Hull Road and part 530A Hull Road, Mooroolbark
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Litter, concrete and other construction waste
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This 23 lot subdivision will generate litter and other construction waste that will need to be deposited
in a central facility so that it can be removed from the site in a co-ordinated manner.
The future Construction Management Plan should contain a detailed section regarding litter and
waste management techniques.
Chemical contamination
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There are no anticipated chemical contamination issues associated with the proposed subdivision
and road construction.
Vegetation and natural features planned for retention
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The Arboricultural Report prepared by NJR & Associates (revised 10th October 2013) provides
detailed information regarding protection of significant vegetation affecting Lots 1, 6 - 11 (within the
adjoining strip of land to the east) and 18, therefore it will be necessary for the Construction
Management Plan to acknowledge these requirements.
56.09 UTILITIES
56.09-1 Shared trenching objective – Standard C27 – COMPLIES WITH STANDARD
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It is anticipated that there will be no impediment to the provision of underground utility or
infrastructure services to Lots 1 - 23 within shared trenches where necessary and practical.
56.09-2 Electricity, telecommunications and gas – Standard C28 – COMPLIES WITH STANDARD
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The subject site will be connected to electricity services, reticulated gas supply and
telecommunication facilities and each lot will be capable of utilising these services.
56.09-3 Fire hydrants objective – Standard C29 – COMPLIES WITH STANDARD
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New fire hydrants will be designed, located and constructed in accordance with the requirements
of the MFB and/or CFA.
56.09-4 Public lighting objective – Standard C30 – COMPLIES WITH STANDARD
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Street lighting will be required within the proposed road reserves to provide appropriate community
safety, security and amenity and must be designed and constructed in accordance with the
requirements of the relevant servicing authority and Yarra Ranges Shire Council.
524 - 526 Hull Road and part 530A Hull Road, Mooroolbark
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6.
STATE & LOCAL PLANNING POLICY FRAMEWORK
A 23 lot residential subdivision must have regard to the provisions of the State and Local Planning Policy
Framework of the Yarra Ranges Planning Scheme as required under Clause 56.02 - 1:
State Planning Policy Framework
Clause 15.01-3 Neighbourhood and subdivision design
Objective
To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and
sustainable neighbourhoods.
Strategy
In the development of new residential areas and in the redevelopment of existing areas, subdivision should
be designed to create liveable and sustainable communities by:
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Contributing to an urban structure where networks of neighbourhoods are clustered to support
larger activity centres on the regional public transport network.
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Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs
and aspirations of different groups of people.
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Creating a strong sense of place because neighbourhood development emphasises existing cultural
heritage values, well designed and attractive built form, and landscape character.
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Protecting and enhancing native habitat.
The subject site represents the final logical infill opportunity of a residential subdivision process which has
progressively extended from the established 1960's neighbourhoods of Mooroolbark towards the rear
boundary of land within the Low Density Residential Zone.
As the intensity and layout of any subdivision must be commensurate with its suburban context, it is
considered that the proposed design response represents a highly respectful planning outcome that will
build upon evolving streetscape and neighbourhood character values, while simultaneously providing
additional housing opportunities to support commercial services/facilities and public transport.
The proposed subdivision recognises and responds to the principles of urban consolidation and respect for
existing residential character in this evolving suburban context. A fundamental principle of the State
Planning Policy Framework is to ensure that the subdivision and development of land occurs in a consistent
and logical manner, having regard to site constraints and community expectations. It is submitted that a
preferred form of subdivision has been established by urban development to the west in Regal Terrace.
Municipal Strategic Statement
Clause 21.04
Land Use
Objective 1 – Housing Location Consolidated Residential Development
To guide residential development into sustainable locations which meet the needs of the community and
that are not subject to physical or environmental constraint
Strategies

Contain residential development within existing urban zone boundaries
The subject land is located on the interface between conventional suburban scale subdivision and low
density subdivision and currently has a remnant Rural Living Zone function which is considered
unsustainable and untenable in this location. The concept of placing the land within a Neighbourhood
Residential Zone - Schedule 1 inside the Urban Growth Boundary represents a logical and common sense
planning outcome.
524 - 526 Hull Road and part 530A Hull Road, Mooroolbark
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Clause 21.08 Subdivision
Objective 1- Subdivision in Residential Area
Provide a range of lot sizes in appropriate locations to meet the needs of a diverse range of household
types.
Strategies
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Ensure design of new subdivisions recognises and responds to existing physical, environmental and
visual characteristics of the site and surrounding area.
Promote a variety of lot sizes to encourage subdivision to be responsive to the retention of significant
vegetation and other identified characteristics.
Guide subdivision of land in the Residential 3 Zone to locations that will have no adverse impact on
the natural, built-form or landscape amenity and do not compromise important environmental
values.
Given that the subject site located on the eastern fringe of a Metropolitan Residential Area and is more
closely connected with the urbanised character of the existing Residential 3 Zone (proposed
Neighbourhood Residential Zone - Schedule 1) to the west compared to the LDRZ to the east, there is a
legitimate and genuine expectation that a conventional form of suburban scale subdivision will be
facilitated on the subject site to provide additional housing opportunities.
Due to previous Council decision made in respect of the local road network (Regal Terrace), the creation
of 23 lots on the subject site is considered a respectful and desirable outcome. The capability of the land to
be subdivided into residential scale lots is emphasised by the:
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limited amount of significant vegetation;
gently sloping land topography;
direct abuttal to a residential subdivision to the west and a proposed residential subdivision to the
south;
10m wide strip of land along the eastern boundary of the subject site and the rear boundary of
properties in Beaulieu Avenue which create a logical development interface and Zone boundary.
Objective 2 – Subdivision Design
Promote subdivision that is functional and enhances the existing neighbourhood character.
Strategies
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Ensure new lots in residential areas are designed to allow dwellings to have a strong street presence.
Ensure driveways provide safe access to dwellings and enable waste collection.
Ensure driveways are designed to retain existing vegetation and provide adequate opportunity for
landscaping.
The proposed 23 lot subdivision exhibits a conventional suburban configuration which results in each lot
directly fronting the road network, providing safe and efficient vehicle access/egress and achieving
commensurate vegetation retention and landscape planting opportunities.
7.
CONCLUSION
The proposed 23 lot subdivision represents a sustainable planning outcome for the subject site, based on
existing site features, local neighbourhood context and the conventional subdivision pattern which is
gradually evolving from the west and south.
This subdivision design response has successfully recognised the opportunities and constraints associated
with subject site and proposes a road pattern and lot layout that is respectful of existing neighbourhood
and streetscape character values.
As there are no legitimate planning grounds that would preclude the grant of a s96A Planning Permit for
this 23 lot subdivision, Yarra Ranges Shire Council and the local community should be able to readily and
confidently support this design response.
524 - 526 Hull Road and part 530A Hull Road, Mooroolbark
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