VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE DIVISION
PLANNING AND ENVIRONMENT LIST
VCAT REFERENCE NO. P378/2015
PERMIT APPLICATION NO. TPA/43233
CATCHWORDS
Section 77 of the Planning & Environment Act 1987; Monash Planning Scheme;
Neighbourhood character: dual crossovers, side-by-side layout (Clause 22.01)
APPLICANT
Albert Tuzon
RESPONSIBLE AUTHORITY
Monash City Council
SUBJECT LAND
1 Debbie Street, Mount Waverley
WHERE HELD
Melbourne
BEFORE
Tracy Watson, Member
HEARING TYPE
Hearing
DATE OF HEARING
6 August 2015
DATE OF ORDER
11 September 2015
CITATION
ORDER
1
Pursuant to section 127 and clause 64 of Schedule 1 of the Victorian Civil
& Administrative Tribunal Act 1998, the permit application is amended by
substituting for the permit application plans, the following plans filed with
the Tribunal:

Prepared by:
CS Town Planning Pty Ltd

Drawing numbers:
1 to 7

Dated:
10/03/2015
2
The decision of the Responsible Authority is set aside.
3
In permit application TPA/43233 a permit is granted and directed to be
issued for the land at 1 Debbie Street, Mount Waverley in accordance with
the endorsed plans and on the conditions set out in Appendix A. The permit
allows:

Construction of two dwellings on a lot.
Tracy Watson
Member
VCAT Reference No. P378/2015
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APPEARANCES
For Applicant
Paul O’Shea, town planner
For Responsible Authority
Antony Duffill, town planner
INFORMATION
Description of Proposal
It is proposed to construct two, two storey dwellings in
a side-by-side layout.
Nature of Proceeding
Application under Section 77 of the Planning and
Environment Act 1987 – to review the refusal to grant
a permit.
Zone and Overlays
Clause 32.08 – General Residential Zone, Schedule 2
(Monash Residential Areas). Schedule 2 contains
local variations to B6, B28 and B32.
Clause 42.02 – Vegetation Protection Overlay,
Schedule 1.
Permit Requirements
Clause 32.08-4 – To construct two or more dwellings
on a lot.
There are no permit triggers under the Vegetation
Protection Overlay, Schedule 1.
Relevant Scheme, policies
and provisions
Includes Clauses 9, 10, 11, 15, 16, 21.02, 21.03, 21.04,
22.01, 22.04, 22.05, 32.08, 52.06, 55 and 65.
Land Description
The subject site is located on the north side of Debbie
Street, Mount Waverley. It is a rectangular shaped
allotment with a frontage of 16.92 metres, a depth of
39.01 metres and a site area of 660.28m2.
The subject site is currently developed with a single
dwelling, and it is abutted by four allotments also
developed with single dwellings.
Tribunal Inspection
27 August 2015
VCAT Reference No. P378/2015
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REASONS1
What is this proceeding about?
1
Monash City Council issued a Refusal to Grant a Permit for the proposed
development on neighbourhood character grounds in February 2015. The
permit applicant is seeking to have this decision reviewed by the Tribunal.
2
Notification of the proposed development by the Council did not result in
any objections, and no Statements of Grounds were lodged with the
Tribunal in response to the amended plans.
3
Based on the hearing process, all the associated documentation, my site
inspection and the relevant provisions of the Monash Planning Scheme, I
consider that the key question for determination is whether the proposal is
respectful of neighbourhood character.
4
Amendment C125 to the Monash Planning Scheme has recently completed
its public exhibition phase. I have not given this Amendment any weight in
my decision-making as it is still early in the amendment process and there is
therefore uncertainty about its final form. I am required to consider the
Monash Planning Scheme as it stands at the time of my decision. I do note
however, that in terms of the local variations proposed in Schedule 4 to the
General Residential Zone under Amendment C125 that the only very minor
variation required by the proposed development is that the proposed site
coverage is 50.62% rather than 50%.
5
I must decide whether a permit should be granted and, if so, what
conditions should be applied. I have decided to set aside the decision of the
Responsible Authority, and direct that a permit be issued. The reasons for
my decision are set out below.
Is the proposal respectful of neighbourhood character?
6
The essence of the Council’s position was that the policy directions of the
planning scheme, and the locational attributes of the subject site, support
some form of two-storey high dual occupancy development. However, it
was the Council’s position that this type of development should be in a onebehind-the-other layout (such as that currently under construction at no. 4
Debbie Street), not the proposed side-by-side layout.
7
The local planning policy framework emphasizes protecting the garden city
character of the City of Monash, including the landscape character of local
areas.
8
Explicit direction regarding neighbourhood character outcomes is provided
at Clause 22.01 (Residential Development and Character Policy) of the
planning scheme. The relevant non-locationally specific policies which I
1
I have considered the written and oral submissions of all the parties that appeared, including all the exhibits tendered by the
parties. I do not recite or refer to all of the contents of those documents in these reasons.
VCAT Reference No. P378/2015
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consider are the key policy statements relevant to the subject proposal as
contained in Clause 22.01-3 are:
The Garden City Character of residential areas be retained by
discouraging car parking and accessways that have a significant
impact on or cause fragmentation of the streetscape.
The number of vehicle crossings be minimised to maintain existing
kerb side parking and green spaces in both front setback areas and in
naturestrips.
Hardening of the streetscape through the provision of additional
crossovers is discouraged.
Landscaping in the front setback areas of properties is to be
maintained by minimising the number of crossovers provided on
larger multi unit sites and placing vehicle parking to the rear on sites
accommodating small to medium multi developments.
Garages, carports and associated visitor spaces be designed so that
they do not dominate or visually disrupt the streetscape.
Minimal pavement areas be provided within the front setback area to
maximise landscaping to enhance the Garden City Character of the
streetscape.
9
The subject site is located in Residential Character Type “C” pursuant to
Clause 22.01-4 of the planning scheme. It is policy that the following
desired future character statement be considered as part of the decisionmaking process:
The neighbourhood character of this area will develop within a
pleasant leafy framework of well-planted front gardens and large
canopy trees.
Architecture, including new buildings and extensions, will, in the
majority of cases, be secondary in visual significance to the landscape
of the Character Type from the street. However, in neighbourhoods
that currently have a large proportion of two storey houses, the
architecture will gradually become more dominant, although it will
always be buffered from the street by a well planted front garden that
will ensure the soft leafy nature of the street will be perpetuated.
Setbacks will be generous and consistent within individual streets.
Building heights will vary between neighbourhoods. Those
neighbourhoods where the diverse topography and well developed
mature tree canopy provide a framework within which redevelopment
can occur will have a larger proportion of two storey houses. In the
lower, less wooded areas, buildings will be mainly low rise unless
existing vegetation or a gradation in height softens the scale contrasts
between buildings.
The built-form will be visually unified by well-planted front gardens
that contain large trees and shrubs and street tree planting.
Neighbourhoods that are influenced by the naturalistic landscape of
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the creek valleys or on highpoints and ridges will have a
predominance of native trees in both the public and private realm.
Trees within lots to be redeveloped will be retained wherever possible
in order to maintain the established leafy character.
Streets which have a majority of gardens currently lacking fences will
continue to do so. Walls and fences in other streets will be low to
allow plants in the front garden to be visible from the street. Colours
and materials will be sympathetic to the architecture of the house.
The soft quality of streets derived from the nature strips will be
protected by ensuring that each lot frontage has only one single
crossover. Landscape elements such as remnant indigenous vegetation
and the large old coniferous wind-rows will be retained until
horticulturally unstable.
The character of existing public open spaces within the Character
Type, particularly those naturalistic corridors such as Damper Creek
and Valley Reserve, will be protected by ensuring that buildings
directly adjacent to such areas are set back and buffered with planting
that complements that within the public open space. [I note that this
last paragraph is not relevant to the subject site]
10
The local planning policy framework encourages the provision of one
crossover per allotment. However, this is not a blanket prohibition, rather it
is discretionary policy which needs to be applied on a case-by-case basis.
Local policy directions encourage the preservation of grassed nature strips,
the minimisation of hard paving and the maintenance of ‘green spaces’.
11
Mr Duffill tabled a number of previous Tribunal decisions in support of
Council’s position that the introduction of a second crossover is contrary to
the local policy settings of the planning scheme. These decisions confirm
that local policy does discourage the introduction of a second crossover,
however there will be some circumstances where a second crossover is
justified based on a contextual assessment of the character of the area. I
think that this is such a case, where a second crossover is indeed acceptable.
12
Based on my site inspection and the photographs tendered by both parties at
the hearing I consider that the landscape character of this neighbourhood
(particularly at the streetscape interface) is a garden suburban character,
generally comprising low-scale landscaping within the private domain.
Towards the eastern end of Debbie Street there are a number of examples of
high front fences which limit views into the front gardens. In this
neighbourhood, apart from the street trees and the treed backdrop to the
abutting property at no. 3 Debbie Street, there is a limited presence of
higher-scale canopy trees. This results in Debbie Street having a
streetscape character where buildings are the dominant element, and
landscaping is a secondary element. This relationship between built form
and landscaping is being solidified by newer development in the area which
includes larger two-storey high buildings (such as at nos. 4, 12 and 17
Debbie Street and in other nearby streets, such as at no. 11 Leeds Road,
VCAT Reference No. P378/2015
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nos. 7 and 8 Pascall Street and no. 2 Dell Court). Moreover, within Debbie
Street (and other nearby streets) there are numerous examples of crossovers
being separated by narrow sections of grassed nature strip and also
garaging, driveways and crossovers (including double crossovers) being
highly visible within the streetscape. These existing neighbourhood
character traits were illustrated by the photographs tendered by Mr O’Shea
and confirmed during my site inspection.
13
Based on an examination of the aerial photographs tendered at the hearing,
there is also an existing green corridor situated at the rear of the properties
located along the northern side of Debbie Street, with these dwellings
having a broadly consistent rear setback.
14
Based on these existing conditions, I find that the introduction of a second,
single-width crossover will not have “a significant impact on or cause
fragmentation of the streetscape” and will result in an acceptable
landscaping outcome which protects the “soft quality” of Debbie Street.
The second crossover will result in a 3.4 metres to 3.8 metres wide grassed
nature strip separating the new crossover from the existing crossover to no.
106 Marianne Way. This outcome is consistent with the existing conditions
found within Debbie Street and other nearby streets.
15
I find that the proposed driveways and garages will not be visually
dominant elements in the streetscape and will allow for an appropriate
landscaping outcome which will create a “well planted front garden that
will ensure the soft leafy nature of the street will be perpetuated”, consistent
with the desired future character as:
 The driveway to Dwelling 1 will be setback 1.045 metres to allow for
landscaping along this site edge.
 The driveway to Dwelling 2 will be setback 0.5-1 metre which will also
allow for the creation of a landscaped strip. The impact of this driveway
is also mitigated as it will be viewed in the context of the abutting
double garage which is setback approximately 2.7 metres from the street
edge.
 Each single-space garage is setback off the side boundary by 1 metre.
 Each garage is recessed behind the front entry areas.
 Each garage will be setback 8.56 metres from the street.
 The size of the central front garden area will allow for the planting of at
least two canopy trees.
16
I also find that the proposed building (in terms of its siting, massing and
appearance) is acceptable in terms of the existing and future character of the
area for the following key reasons:
 This is a neighbourhood where buildings are highly visible within the
streetscape, and there is an emerging character of large two-storey high
VCAT Reference No. P378/2015
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buildings. The proposed massing and scale of the new building is
consistent with this emerging character.
 The front ground level setback meets the local variation.
 The upper level is centrally positioned on the site, is articulated and
recessed from the ground level along all sides of the building.
 There are no boundary walls and the site coverage is 50.62% (with the
amount of permeable area being 41.16%) which will allow for an
appropriate level of landscaping, including canopy trees (at both the
front and rear of the site, with decking and service areas provided along
the sides of the building). Views towards the front garden will be
provided as no front fence is proposed, and the fence separating the two
dwellings located in the front garden area is limited to 1.2 metres in
height.
 The side-by-side layout allows for a 5 metres rear setback (with the
upper level element setback 11.8 metres from the rear boundary) which
protects the existing backyardscape of the Debbie Street properties.
Conclusion
17
For the reasons explained above, the decision of the Responsible Authority
is set aside. A permit is issued subject to conditions.
Tracy Watson
Member
VCAT Reference No. P378/2015
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APPENDIX A
PERMIT APPLICATION NO:
LAND:
TPA/43233
1 Debbie Street, Mount Waverley
WHAT THE PERMIT ALLOWS:

Construction of two dwellings on a lot
in accordance with the endorsed plans.
CONDITIONS
1.
Before the development starts, three copies of amended plans drawn to scale
and dimensioned, must be submitted to and approved by the Responsible
Authority. The submitted plans must clearly delineate and highlight any
changes. When approved the plans will be endorsed and will then form part
of the permit.
The plans must be generally in accordance with the plans substituted by
VCAT, but modified to show:
a) A corner splay or area at least 50% clear of visual obstructions (or with a
height of less than 1.2 metres), which may include adjacent landscape
areas with a height of less than 0.9 metres, extending at least 2.0 metres
long x 2.5 metres deep (within the property) on both sides of each vehicle
crossing to provide a clear view of pedestrians on the footpath of the
frontage of the road.
2.
The development as shown on the endorsed plans must not be altered without
the written consent of the Responsible Authority.
3.
A landscape plan prepared by a Landscape Architect or a suitably qualified or
experienced landscape designer, drawn to scale and dimensioned must be
submitted to and approved by the Responsible Authority prior to the
commencement of any works. The plan must show the proposed landscape
treatment of the site including:
a) The location of all existing trees and other vegetation to be retained on site.
b) Provision of canopy trees with spreading crowns located throughout the
site including the major open space areas of the development.
c) Planting to soften the appearance of hard surface areas such as driveways
and other paved areas.
d) A schedule of all proposed trees, shrubs and ground cover, which will
include the size of all plants (at planting and at maturity), their location,
VCAT Reference No. P378/2015
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botanical names and the location of all areas to be covered by grass, lawn,
mulch or other surface material.
e) The location and details of all fencing.
f) The extent of any cut, fill, embankments or retaining walls associated with
the landscape treatment of the site.
g) Details of all proposed hard surface materials including pathways, patio or
decked areas.
When approved the plan will be endorsed and will then form part of the
permit.
4.
All works within five (5) metres of any tree to be retained shall be supervised
by a qualified landscape architect or horticulturist who shall ensure that the
works are done in a manner which protects and minimises any damage to
those trees.
5.
Approval of the proposed vehicle crossing is required from Council’s
Engineering Department.
6.
The proposed vehicle crossing is to be constructed in accordance with the
City of Monash standards.
7.
All new vehicle crossings are to be no closer than one metre measured at the
kerb to the edge of any power pole, drainage or service pit, or other services.
Approval from affected service authorities is required as part of the vehicle
crossing application process.
8.
All on-site stormwater is to be collected from hard surface areas and must not
be allowed to flow uncontrolled into adjoining properties.
9.
Stormwater discharge is to be detained on site to the predevelopment level of
peak stormwater discharge. Approval of any detention system is required by
the City of Monash, the Responsible Authority, prior to works commencing.
10.
Direct the entire site’s stormwater drainage to the north-west corner of the
property where it must be collected and free drained via a pipe to the 150mm
Council drain via a 900mm x 600mm junction pit to be constructed to
Council standards. Note: If the point of discharge cannot be located then
notify Council’s Engineering Division immediately. Any new connection into
a Council easement drain requires the approval of Council’s Engineering
Division prior to the works commencing.
11.
Engineering permits must be obtained for new or altered vehicle crossings
and for new connections to the Council pits and these works are to be
inspected by Council.
VCAT Reference No. P378/2015
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12.
The walls facing the boundary of adjoining properties shall be cleaned and
finished in a manner to the satisfaction of the Responsible Authority.
13.
Before occupation, all buildings and works specified in this permit must be
completed to the satisfaction of the Responsible Authority. The Responsible
Authority must be advised in writing when all construction and works are
completed to enable the site to be inspected.
14.
All common boundary fences are to be a minimum of 1.8 metres above the
finished ground level to the satisfaction of the Responsible Authority. The
fence heights must be measured above the highest point on the subject or
adjoining site, within 3 metres of the fence line.
15.
Before the occupation of the buildings allowed by this permit, landscaping
works as shown on the endorsed plans must be completed to the satisfaction
of the Responsible Authority and then maintained to the satisfaction of the
Responsible Authority.
16.
This permit will expire in accordance with section 68 of the Planning and
Environment Act 1987, if one of the following circumstances applies:


The development is not started within 2 years from the date of issue.
The development is not completed within 4 years from the date of issue.
In accordance with section 69 of the Planning and Environment Act 1987, an
application may be submitted to the Responsible Authority for an extension
of the periods referred to in this condition.
--- End of Conditions ---
VCAT Reference No. P378/2015
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