i © Planisphere 2015. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. ACKNOWLEDGEMENTS It is acknowledged that the City of Bayside is on traditional lands of the Boon wurrung people of the Kulin Nation. We offer our respect to the Elders of these traditional lands, and through them to all Aboriginal and Torres Strait Islander People. PROJECT CONTROL NAME NO. PM APPROVED PD APPROVED DATE Draft Report 1 CL LR 12/2/15 Final Report v1 2 CL LR 24/2/15 Final Report v2 3 CL LR 3/3/15 Final Report v3 4 CL LR 17/3/15 Final Report v4 5 CL LR 18/3/15 © planisphere 2015
2 CONTENTS 1 Introduction .......................................................................................................... 1 1.1 Background ................................................................................................ 2 1.2 ResCode Open Space Requirements .......................................................... 4 1.3 Amendment C2 .......................................................................................... 5 1.4 Neighbourhood Residential Zone ............................................................... 5 1.5 Method ...................................................................................................... 6 2 Other Municipalities .............................................................................................. 8 2.1 Introduction ............................................................................................... 9 2.2 Summary of Planning Panel Reports .......................................................... 9 2.3 Private Open Space Standards .................................................................. 10 2.4 Directions for City of Bayside .................................................................... 12 3 Strategic Framework ............................................................................................ 13 3.1 Introduction .............................................................................................. 14 3.2 State Policies ............................................................................................ 14 3.3 Local Policies ............................................................................................ 17 3.4 Other Relevant Policies ............................................................................ 20 3.5 Directions for the City of Bayside ............................................................. 22 4 Private Open Space Provision ............................................................................... 23 4.1 Introduction ............................................................................................. 24 4.2 Existing Single Dwellings – Open Space Provision .................................... 25 4.3 Two Dwellings on a Lot – Open Space Provision ....................................... 26 4.4 Provision related to Bedroom Number ...................................................... 27 4.5 Arborist Considerations............................................................................. 27 4.6 Recommended Minimum Standards ........................................................ 29 4.7 Development Redesign – Open Space Provision ...................................... 29 5 Findings ............................................................................................................... 33 5.1 Summary of Findings ................................................................................34 5.2 Recommended Standard B28 .................................................................. 36 Appendices ................................................................................................................ 37 © planisphere 2015
3 iv INTRODUCTION 1 Bayside Open Space Review | Introduction 1.1
BACKGROUND Planisphere was appointed by the City of Bayside in May 2009 to undertake a study of Open Space for Residential Development in Bayside. The Council determined not to pursue a Planning Scheme Amendment at that time, having regard to impending changes to the residential zones. In January 2015 the City of Bayside commissioned Planisphere to update this work taking into account changes to the residential zones, State and local planning frameworks and other studies undertaken in the meantime. The purpose of the study is to establish a foundation for varying ResCode Standard B28 (Private open space objective) for Neighbourhood Residential Zone areas in the Bayside Planning Scheme. By establishing a minimum private open space standard for housing development in these areas of Bayside, Council can achieve the following objectives: Protect and enhance the highly valued ‘gardenesque’ character of much of Bayside’s residential areas. Support the purpose of the Neighbourhood Residential zone. Ensure the provision of private open space areas in new residential development of a size that enables the retention and planting of canopy trees and other vegetation. Provide private open space that is useable in recognition of the importance of access to open space for residents’ physical and mental health and wellbeing, and service needs. The original project applied not only to Neighbourhood Residential Zoned (NRZ) land but all residential areas. The majority of residential zoned land in the City of Bayside is NRZ – Schedule 3, which allows only two dwellings on a lot. This is shown in green on the following map. © planisphere 2015
2 Bayside Open Space Review | Introduction Source: Bayside City Council (2015) © planisphere 2015
3 Bayside Open Space Review | Introduction 1.2
RESCODE OPEN SPACE REQUIREMENTS ResCode is the State residential design code for residential developments up to four storeys in height. Introduced in 2001, the provisions can be found at Clauses 54 and 55 of the Bayside Planning Scheme, and they apply to all land within the General Residential Zone, Residential Growth Zone, Neighbourhood Residential Zone, Mixed Use Zone and Township Zone. Clause 54 relates to development of one dwelling on a lot and includes 20 design standards. Clause 55 relates to the development of two or more dwellings on a lot up to four storeys in height, and includes 34 design standards to be met. Through these clauses the planning scheme has established neighbourhood character as the mandatory starting point in the assessment of planning applications. ResCode offers a selection of tools that provide progressive levels of protection for neighbourhood character. These tools or Standards of ResCode can be varied using the Schedule to the Neighbourhood Residential Zone, of which Standard B28 (Private open space) is one. The others include: street setback; building height; site coverage; side and rear setbacks; and front fence height. Standard B28: ‘Private open space objective’ aims “to provide adequate private open space for the reasonable recreation and service needs of residents”. It gives specifications for private open space which can be modified by the schedule to the zone. If no area is specified in the schedule then a dwelling or residential building should have the following private open space (p.o.s.) characteristics: An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3m and convenient access from a living room, or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or A roof‐top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. It is noted that secluded private open space is only a portion of the total required private open space (approximately 60%). An additional 15 square metres of private open space is required on top of the 25 square metres of secluded private open space. This additional private open space is usually located in front setbacks areas. © planisphere 2015
4 Bayside Open Space Review | Introduction 1.3
AMENDMENT C2 In 2001, the City of Bayside prepared and exhibited Amendment C2 to the Bayside Planning Scheme. Part 2 of Amendment C2 included proposed variations to the Good Design Guide (GDG) for Medium Density Housing (the State residential design policy that has been superseded by ResCode). The Amendment included a proposed variation to Element 9 ‐ Private and Communal Open Space of the GDG, as follows: NO. OF BEDROOMS AREA OF PRIVATE OPEN SPACE 1 & 2 bedroom 40 square metre secluded and 60 square metre total private open space 3 bedroom 60 and 80 square metre 4 bedroom 80 and 100 square metre 5+ bedroom 100 and 120 square metre NB. A bedroom was defined as any room nominated as, or suitable for use as a bedroom. This would include studies and retreats. The Planning Panel appointed to review the amendment and submissions did not support the introduction of the variations to the Schedule concluding that the amendment of the standard for private open space be abandoned as the strategic basis of the provision was not clear. 1.4
NEIGHBOURHOOD RESIDENTIAL ZONE The Neighbourhood Residential Zone (NRZ) was introduced into the VPPs by the State government in 2013 as part of the reform of residential zones. Rezoning of residential areas in Bayside occurred in 2014 as a key part of implementing Council's Housing Strategy to limit the growth and change in areas outside identified Housing Growth Areas. Significantly, the NRZ focuses on protection of neighbourhood character including landscape characteristics and restricts housing growth. The purpose of the NRZ is:  To recognise areas of predominantly single and double storey residential development.  To limit opportunities for increased residential development.  To manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics.  To implement neighbourhood character policy and adopted neighbourhood character guidelines.  To allow educational, recreational, religious, community and a limited range of other non‐residential uses to serve local community needs in appropriate locations By default, the NRZ restricts the number of dwellings on a lot to two. © planisphere 2015
5 Bayside Open Space Review | Introduction The application of the NRZ to the majority of residential land in the City of Bayside is a significant policy shift from the former R1Z which did not limit the number of dwellings on a lot or building height. The new purpose and requirements of the NRZ clearly prioritise protection of neighbourhood character over housing growth and change. To enable further clarity on key elements of the character to be protected or respected in new development, the Schedule to the NRZ allows local variations to ResCode standards. In these areas, therefore little growth and change is expected, and the character will largely remain as single detached dwellings, with the occasional two dwelling (dual occupancy) development. In these areas, it is expected that the form of development will allow for the provision of ground level private open space, and that balconies and roof‐top open space areas will not be necessary to accommodate the open space requirements. 1.5
METHOD The Study is required to determine whether the existing ResCode Standard B28 is meeting Bayside’s neighbourhood character objectives in Neighbourhood Residential Zone areas. Further, the study needs to establish that by varying Standard B28 in the schedule to the Neighbourhood Residential Zone, the neighbourhood character objectives can be better met. The following process has been undertaken for this Study: STAGE 1 PURPOSE: Understand the strategic policy basis under which Department of Environment, Land Water and Planning (DELWP) would support a variation to Standard B28. TASKS: Identify the strategic basis used by other Councils in successfully introducing variations to ResCode Standard B28 through the Schedule to a residential zone. Review current state planning policy, new/proposed planning provisions and current DELWP direction on how to integrate housing policy objectives and neighbourhood character objectives. Review strategic work undertaken by Bayside since 2001 that would support an Amendment to vary Standard B28. STAGE 2 PURPOSE: Determine the typical open space provision for current dual occupancy housing development and existing single dwellings in Bayside, to determine the basis upon which the standard should be established. © planisphere 2015
6 Bayside Open Space Review | Introduction TASKS: Analyse planning applications for medium density housing to determine the average current private open space provision in new development. A random sample has been used from across the municipality. This task has been undertaken by Council officers. Analyse sites from GIS aerial maps to establish the ‘typical’ private open space provision of traditional single dwelling established residential development in Bayside i.e. single detached dwelling on a lot. Analyse planning applications to establish whether development could easily be redesigned to accommodate a variation to the standard B28. Identify the basis for the open space area defined by other Councils in their variation of Standard B28. Determine an appropriate open space standard for Bayside. STAGE 3 PURPOSE: Provide a strategic justification for recommendations based on the analysis. TASK: Review the findings from Stages 1 and 2 and provide a rationale for an amendment to vary Standard B28 in the Schedule to the Neighbourhood Residential Zone of the Bayside Planning Scheme. © planisphere 2015
7 OTHER MUNICIPALITIES 8 Bayside Open Space Review | Other Municipalities 2.1
INTRODUCTION Since 2001, ten metropolitan Councils have successfully varied Standard B28 to their Planning Scheme including the nearby Cities of Glen Eira, Kingston and Monash. The following review of the amendment documentation and related Planning Panel reports has been undertaken to identify the strategic basis and methodology used to support the variation. This will inform the best approach that the City of Bayside can take in seeking a variation to Standard B28. It is noted that the majority of amendments did not go to Panel and the City of Monash was approved as part of gazettal of the new format Planning Scheme, therefore the rationale is not publically available. 2.2
SUMMARY OF PLANNING PANEL REPORTS In summary, the Cities of Darebin, Greater Geelong, Manningham, Maroondah and Glen Eira were successful in gaining Department approval of a variation to ResCode Standard B28 for the following reasons: A sound strategic basis via a Housing and Residential Development Strategy that demonstrated a variation to Standard B28 would not impact the ability of Council to meet its housing targets, and accommodate housing growth. A Neighbourhood Character Policy that identified garden character as a significant neighbourhood character objective to be met in all new development, including medium density housing development. Clear statements of support within an existing Municipal Strategic Statement and Local Policy Framework to obtain an ‘open garden character’. Use of aerial photography to establish what percentage of established residential lots were occupied by gardens. An Arborist’s recommendation that an area of private open space of 40 square metres with a minimum dimension of 4 metres should be provided to accommodate a tree with a spreading canopy.  Glen Eira’s Landscape Assessment Officer referral as above, is based on a 10 metre high tree, and a dimension that ensures optimum health of the tree.  Maroondah’s Arborist stated that 100 square metres is more than enough space for most large canopy trees. This was established using the schedule of Recommended Canopy Trees that the Council provides to residents and developers. Case studies to test proposed standards including actual permit applications. Identifying issues associated with case studies (e.g. minimal provision of landscaping) Application of the standard to areas that are some distance away from public transport and activity centres That health and wellbeing objectives recognise that private open space areas facilitate passive and active recreation of residents as well as meeting their service needs. Manningham C50 Panel considered 5m minimum width as accepted practice. © planisphere 2015
9 Bayside Open Space Review | Other Municipalities 2.3
PRIVATE OPEN SPACE STANDARDS The following table outlines the B28 private open space standard variations approved, as follows: COUNCIL + ZONE VARIED B28 STANDARD Darebin GRZ1 [2014] An area of 55 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 40 square metres, a minimum dimension of 3.5 metres and convenient access from a living room. Glen Eira NRZ1 [2004]
An area of 60 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 40 square metres, a minimum dimension of 4 metres and convenient access from a living room. Greater Dandenong GRZ1 GRZ2 [2011] As per the B28 40 square metres requirement, with the 25 square metres of secluded private open space at ground level having a minimum dimension of 5 metres. Greater Dandenong NRZ1 [2011] An area of 60 square metres of ground level, private open space, with an area of secluded private open space at the side or rear of the dwelling with a minimum area of 40 square metres with a minimum dimension of 5 metres and convenient access from a living room. Greater Geelong GRZ2 NRZ2 [2010] An area of 60 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with minimum area of 40 square metres, a minimum dimension of 5 metres and convenient access from a living room. It cannot include a balcony or roof top terrace. Greater Geelong RGZ2 RGZ3 [2014] A dwelling or residential building should have private open space consisting of: Kingston GRZ3 [2006]  An area of 20 square metres of secluded private open space at the side or rear of the dwelling or residential building with a minimum dimension of 3 metres and convenient access from a living room; or  A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room; or  A roof‐top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum 40 square metres, a minimum dimension of 5 square metres, and convenient access from the living room. If the dwelling has more than 2 bedrooms an additional ground level © planisphere 2015
10 Bayside Open Space Review | Other Municipalities private open space area of 20 square metres with a minimum width of 3 metres is required to be provided for each additional bedroom, with a maximum of 80 square metres of private open space required for the dwelling. Private open space consisting of: Knox GRZ2 [2006]  An area of 60 square metres with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with minimum area of 40 square metres with a minimum dimension of 5 metres of secluded private open space with convenient access from a living room, or  A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or  A roof‐top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. An area of 80 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 60 square metres, a minimum dimension of 5 metres and convenient access from a living room; or Maroondah GRZ1 [2003] A balcony of 8 square metres with a minimum width of 1.6m and convenient access from a living room; or A roof‐top area of 10 square metres with a minimum width of 2m and convenient access from a living room. Maroondah NRZ1 NRZ2 NRZ3 [2014] An area of 80 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 60 square metres, a minimum dimension of 5 metres and convenient access from a living room. Monash RGZ2, GRZ2 & NRZ1 [2001] An area of 75 square metres, with one part of the private open space at the side or the rear of the dwelling with a minimum area of 35 square metres, a minimum width of 5 metres and convenient access from a living room; or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room; or A roof top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. Manningham GRZ1 [2007] An area of 55 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 40 square metres, a minimum dimension of 5 metres and convenient access from a living room. One part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 35 square metres, a minimum dimension of 5 metres and convenient access from a living room. Whitehorse RGZ1 RGZ2 GRZ1 GRZ2 GRZ3 GRZ4 [2014] © planisphere 2015
Private open space consisting of: 
(This does not apply to apartment developments.) 11 Bayside Open Space Review | Other Municipalities The key findings of this analysis were:  Existing private open space variations generally increase private open space requirements as follows:  40 square metres to 55‐80 square metres private open space  25 square metres to 35‐60 square metres secluded private open space  3 metres to 5 metres minimum dimension  The required total private open space amount is generally 15 or 20 square metres more than the required secluded private open space  In most cases, options for private open space to be provided using balconies and roof‐top areas has been removed  Variations to increase private open space are generally greater for the Neighbourhood and General Residential Zones. 2.4
DIRECTIONS FOR CITY OF BAYSIDE The City of Bayside can learn from the methodologies used by the successful Planning Scheme amendments to best present the strategic policy basis for which the Department of Environment, Land, Water and Planning (DELWP formerly DTPLI) has in the past supported a variation to Standard B28, as follows:  Provide a rationale that integrates the objectives of neighbourhood character policy with housing policy, and clear demonstration that Council can still achieve housing needs of the City following any Standard variation.  Use aerial photography, case studies of existing medium density housing and other quantitative analysis methods to demonstrate the above.  Use or adapt the Arborist Reports presented by Glen Eira and Maroondah as standards for accommodating mature trees with spreading canopies within private open spaces, and add information from Bayside’s arborist.  Use standards accepted by Planning Panels in other municipalities. © planisphere 2015
12 STRATEGIC FRAMEWORK 13 Bayside Open Space Review | Strategic Framework 3.1
INTRODUCTION Since abandonment of Amendment C2 – Part 2, Council has maintained an interest in pursuing a variation to the private open space standards, as a method to ensure adequate provision of open space is provided in new development in Bayside. The strategic policy basis for which DELWP would support a variation to Standard B28 has been identified as local housing policy and neighbourhood character policy. Bayside has undertaken a range of strategic work that may assist in reconsideration of this issue. Concurrently, the DELWP has evolved its approach to achieving local housing densities whilst protecting valued neighbourhood character objectives that provides tools and methodologies for supporting variations to ResCode. 3.2
STATE POLICIES STATE PLANNING POLICY FRAMEWORK The State Planning Policy Framework (SPPF) comprises a statement of general principles for land use and development planning, and specific policies dealing with sectoral issues. Planning and responsible authorities must take into account and give effect to both the general principles and the specific policies applicable to issues before them to ensure integrated decision‐making. Clause 11 Settlement aims to anticipate and respond to the needs of existing and future communities through the provision of housing, recreation and open space among other land uses and services. It seeks to recognise the need for health, safety, diversity of choice, a high standard of urban design and amenity and the protection of environmentally sensitive areas and natural resources. Relevant objectives in Clause 11 are: Provide a diversity of housing in defined locations that cater for different households. Create healthy and active neighbourhoods and maintain Melbourne’s identity as one of the world’s most liveable cities. Strategies in Clause 11 of key relevance are: Make the city greener Protect and restore natural habitats in urban areas. Clause 15 Built Environment and Heritage aims to ensure land use and development responds to its landscape, valued built form and cultural context and protects significant places. Relevant objectives in Clause 15 are: Create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Recognise and protect cultural identity, neighbourhood character and sense of place. © planisphere 2015
14 Bayside Open Space Review | Strategic Framework Strategies in Clause 15 of key relevance are: Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals. Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation. Clause 16 Housing aims to provide for housing diversity and for new housing to have access to services including open space and be planned for long‐term sustainability. Relevant objectives in Clause 16 are: Locate new housing development in or close to activity centres and employment corridors and other strategic redevelopment sites that offer good access to services and transport. Strategies in Clause 16 of key relevance are: Ensure housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs. Policy about open space focuses on public open space. Urban open space is intended to provide for nature conservation, recreation and play, sport, social interaction, peace and solitude. Open space is also to maintain wildlife corridors and provide greenhouse sinks. There is a clear emphasis in the SPPF and all other Victorian Planning Provisions (VPPs) upon the importance of neighbourhood character and contextual design, and the ResCode provisions reflect this. The pressing issues of maintaining the liveability of Melbourne’s residential areas, ensuring the long term sustainability of the city and providing a greater range of housing options are also clear in the SPPF. PLAN MELBOURNE The current metropolitan strategy, Plan Melbourne, sets out the strategic direction for the future growth and development of Melbourne to 2050. It was released in May 2014 and was incorporated into the State section of the planning scheme at Clause 9 in May 2014. One of Plan Melbourne’s key directions is to ‘make our city greener’. It highlights the benefits of increasing tree and vegetation cover of urban areas: environmental, social and economic. This includes cooling to reduce heat and UV impacts, reduced air pollution and energy costs, enhanced liveability, improved physical and mental wellbeing, protected biodiversity and enhanced visitor appeal. The strategy recognises increasing pressures from drought, climate change and the increased cost of water and the threat of reduced size and number of private gardens. The plan promotes expanding vegetation cover across metropolitan Melbourne and focuses recommendations on public realm actions. In relation to waterways, the plan also seeks to protect private open space abutting these areas. © planisphere 2015
15 Bayside Open Space Review | Strategic Framework NEW RESIDENTIAL ZONES The State Government introduced new and modified zones into the Victorian Planning Provisions in 2013 These reforms include three new residential zones which were introduced to replace the Residential 1, 2 and 3 Zones by 1 July 2014. The three new residential zones are:  Residential Growth Zone (RGZ), which provides for housing growth through a mix of housing types that includes medium to higher density housing.  General Residential Zone (GRZ), which allows modest housing growth and housing diversity that respects the character of the neighbourhood.  Neighbourhood Residential Zone (NRZ), which restricts housing growth for areas of identified neighbourhood character, heritage, environmental or landscape characteristics. The new residential zones provide more flexibility to vary ResCode standards and allow for the potential to use multiple schedules to differentiate between different precincts within the same zone. They also provide for a broader range of matters that can be modified by schedule than their predecessors. Modifications may be made to permit triggers, permit requirements, ResCode standards and decision guidelines. The residential zone schedule variations that are now available are shown in the following table. RESIDENTIAL ZONE SCHEDULE VARIATIONS TABLE STANDARD APPLICABLE ZONES Minimum street setback (ResCode A3/B6) Site coverage (ResCode A5/B8) Permeability (ResCode A6/B9) Landscaping (ResCode B13) Side & rear setbacks (ResCode A10/B17) Walls on boundaries (ResCode A11/B18) Private open space (ResCode A17/B28) Front fence height (ResCode A20/B32) Application requirements Decision guidelines NRZ, GRZ, RGZ Maximum building height for dwelling or residential building NRZ, GRZ, RGZ Minimum subdivision area NRZ Permit required on lot 300‐500 square metres NRZ, GRZ Permit required for construction of 1 dwelling on a lot Permit required to construct a front fence Number of dwellings on a lot NRZ The NRZ specifically restricts growth by limiting the number of dwellings that may be developed on a lot to two. The number of dwellings may be varied in the schedule to the zone. © planisphere 2015
16 Bayside Open Space Review | Strategic Framework 3.3
LOCAL POLICIES Since 2001, Bayside Council has undertaken a range of further strategic work including a Housing Strategy and Neighbourhood Character Study, and changes to the Municipal Strategic Statement which need to be considered in assessing private open space provisions and may also assist in reconsideration of the issue by a Planning Panel. MUNICIPAL STRATEGIC STATEMENT Council’s Municipal Strategic Statement (MSS) at Clause 21 of the Bayside Planning Scheme states that Council is primarily directing new medium density housing to areas in and around activity centres. The majority of properties in Bayside are described as low rise single dwellings surrounded by open space. The MSS also notes that Bayside is increasingly facing development pressure due to its attractiveness as a place to live. The conversion of larger sized lots into medium density housing or larger single dwellings has often resulted in the loss of gardens and landscaping and impacted on the landscape character and environmental values of Bayside. Poorly designed medium density housing and inappropriately designed new single dwellings are noted as being a particular concern. The importance of balancing development with the protection of neighbourhood character, particularly the ‘leafy streetscapes’ of the municipality is a central theme in the MSS, as shown below. Cl 21.06, Objective 1: To achieve quality design outcomes which improve the image of land use and development in Bayside and contribute to a sense of place appropriate to Bayside’s character and maintains, strengthens and enhances local character. Strategy: Protect and enhance the quality and local character of the built and natural environment, including leafy streetscapes. NEIGHBOURHOOD RESIDENTIAL ZONE SCHEDULE 3 The Neighbourhood Residential Zone Schedule 3 (NRZ3) Minimal Residential Growth Area is the only schedule that applies to the Neighbourhood Residential Zone in the City of Bayside. The NRZ3 applies to the majority of residential areas in Bayside. The following schedule changes are provided for NRZ3 areas:  Permit requirement for the construction or extension of one dwelling on a lot – 500 square metres  Permit requirement to construct or extend a front fence within 3 metres of a street on a lot – 500 square metres  Minimum street setback ResCode variation – distance increased in certain cases  Site coverage ResCode variation – 50%  Side and rear setbacks – increased distance at the sides and rear  Front fence height – front fence height for other streets maximum of 1.2m © planisphere 2015
17 Bayside Open Space Review | Strategic Framework The existing variations are designed to ensure new development responds to local conditions, which vary from the standardised requirements contained in ResCode. They provide an additional tool for implementation of the purposes of the NRZ and Council's Housing Strategy. NEIGHBOURHOOD CHARACTER STUDY The Bayside Neighbourhood Character and Heritage studies have identified those areas that have highly valued character in the City of Bayside. A Local Neighbourhood Character Policy has been included at Clause 22.08 of the Bayside Planning Scheme. The Policy highlights the gardenesque character of much of the municipality, and ensures that development and subdivision of land in the residential areas contribute to preferred neighbourhood character. The Neighbourhood Character Study identifies front and side setback characteristics only, and does not apply or assess the contribution of open spaces at the rear of properties. It does, however, acknowledge that in many areas, building type, era and spacing, and the amount and type of vegetation are critical determinants of an area’s character. How the buildings ‘sit’ in their landscape is critical. Vegetation includes canopy trees in rear yards forming a backdrop. A Vegetation Protection Overlay has also been applied to all land south of Edward Street, Tulip Street & Park Road – in the suburbs of Black Rock & Beaumaris. The VPO also applies to all public land along the Port Phillip Bay coastline. BAYSIDE HOUSING STRATEGY Council’s Housing Strategy seeks to guide residential development in Bayside by directing future medium and high density housing into designated housing growth areas in activity centres and strategic redevelopment sites. The remaining established residential areas of Bayside will be the focus of minimal housing change and the retention of its low density residential character. These areas have been zoned NRZ. The Strategy establishes the definitions for use in identifying growth areas and defines Minimal Residential Growth Areas as:  Areas where the predominantly low density residential scale is to be maintained.  Within residential areas the housing change anticipated will take the form of new single dwellings or up to two dwellings no more than two storeys and which present a single dwelling appearance to the streetscape.  Small Neighbourhood Activity Centres, Strategic Redevelopment Sites and other commercially zoned areas identified as ‘Minimal Residential Growth’ will also adopt a low density scale of no more than two storeys to respect the surrounding residential context.  Medium and High density development will not be supported within these areas. Within these areas there are both sites and areas which are included within Heritage, Neighbourhood Character, Vegetation Protection and Special Building Overlays. All new development must protect and enhance the heritage, neighbourhood character and landscape / vegetation values of these areas, as well as take into consideration the development impacts associated with being in the 1:100 year flood plain. These areas will © planisphere 2015
18 Bayside Open Space Review | Strategic Framework have limited capacity to assist in meeting the future housing needs of Bayside. (p. 74‐75) The Strategy defines the types of residential development as High, Medium and Low Density. High Density ‐ relates to residential developments with three or more dwellings which are four storeys and above. Proposals are assessed against the ‘Guidelines for Higher Density Residential Development.’ Medium Density – relates to residential developments with three or more dwellings which are up to three storeys. Proposals are assessed against the ResCode provisions contained within Clauses 54 and 55 of the Bayside Planning Scheme. Low Density – relates to residential developments in residential zones of up to two dwellings no more than two storeys and which present a single dwelling appearance to the streetscape. In other zones, residential development is to be no more than two storeys. The provision of adequate open space to meet the needs for the current and future generations is a key objective in the Bayside Housing Strategy. Specifically the strategy proposes that within Minimal Residential Growth areas sufficient private open space is to be provided to facilitate the planting of canopy trees that reinforce the gardenesque character of these areas. To implement this, the strategy proposes to vary the open space requirement of ResCode. As part of the Bayside Housing Strategy an analysis of residential capacity was conducted. The analysis provides an estimate of housing capacity in Bayside tested against a number of future growth projections. The Housing Growth Model predicts that an additional 6,633 medium and high density dwellings could be accommodated in housing growth areas and an additional 1,654 dwellings in low‐density established residential areas over the period 2011‐2031. These 1,654 dwellings will comprise single dwellings on vacant sites or dual occupancies in the NRZ. REVIEW OF VEGETATION RELATED PROVISIONS The Review of Vegetation Related Provision in the City of Bayside (2013) sought to provide a basis for improving planning scheme provisions as they apply to vegetation on private property. The review examined gaps and issues with the current provisions and offered options to protect existing vegetation and to secure more canopy trees as part of new development. Encouraging additional private open space in private development was a key theme in the options put forward by the review. The report noted that whilst the provision of additional open space does not ensure tree retention and replanting it provides sufficient space for this to occur. Specifically, the review put forward an option to amend residential zone schedules to ensure that buildings, setbacks, and private open space provides for the planting, growth and maintenance of canopy trees. There was very high public support for this recommendation. The review established definitions of a canopy tree and provided categories for different types of canopy trees based on their relative size, dimensions and appropriate use. © planisphere 2015
19 Bayside Open Space Review | Strategic Framework Figure 1: Definition of Canopy Tree Tree Size Dimensions Appropriate Use Small canopy tree 8 metres tall / 6‐8 metre canopy spread Medium density housing developments, particularly in front setback and private open space areas where available soil volume is strictly limited. Medium canopy tree 8‐15 metres tall / 10‐15 metre canopy spread Default replacement canopy tree requirement. Large canopy tree  15 metres tall  10 metre canopy spread Large trees, suitable for public realm use where infrastructure constraints do not apply. A medium canopy tree is considered to be appropriate for low density development (dual occupancies) in the NRZ. Small canopy trees are considered to be suitable for medium density housing (as defined in the Housing Strategy). MANAGEMENT OF TREE PROTECTION ON PRIVATE PROPERTY COUNCIL POLICY This Council policy seeks to protect, promote and improve the highly valued tree canopy across the City of Bayside. It provides guidance on the application of provisions for Local Law No.2 – Environment that relate to tree protection. 3.4
OTHER RELEVANT POLICIES There is little research available and are few directions in policy that relate directly to the provision of private open space. Most research and policy relates instead to open space in general with reference mainly to public open space. This demonstrates how open space is required to promote health and well being and how it should be distributed equitably. BAYSIDE RECREATION STRATEGY‐ ACTIVE BY THE BAY 2013‐2022 The Bayside Recreation Strategy outlines Council’s future direction for recreation in Bayside. It outlines priority areas and associated actions for the next ten years. While its actions focus on public opportunities for recreation, its vision and priorities are broader in scope. Its vision is to create a healthy and active Bayside. One of its priorities is to provide unstructured open spaces for all in response to increasing demands for public open space in the municipality. BAYSIDE WELLBEING FOR ALL AGES & ABILITIES STRATEGY 2013‐2017 The Bayside Wellbeing for All Ages and Abilities 2013‐2017 strategy outlines Council’s plans to improve the health and wellbeing of people of all ages and abilities living in © planisphere 2015
20 Bayside Open Space Review | Strategic Framework Bayside. The strategy places an emphasis on supporting identified population groups in the community to lead healthy lifestyles. The strategy mentions that built environment plays an important role in enabling physical activity and aims to improve the built environment in order to provide opportunities to be active. The strategy recognises the importance of perceptions of community safety in public places to health and wellbeing and notes that whilst broadly community perceptions of safety are high, the general community is more likely to feel unsafe in public open space such as parks, reserves and foreshores. HEALTHY BY DESIGN: A PLANNERS’ GUIDE TO THE ENVIRONMENTS FOR ACTIVE LIVING (2004) Healthy by Design, written by the Heart Foundation, is a resource to help planners make better planning decisions that positively impact on the community’s health and wellbeing. It identifies that open space should be distributed equitably and accessible to all, be large enough to encourage activities like child’s play and exercise, and that large canopy trees are useful for shade for open space users. When applied to private open space these requirements indicate the importance of having access to open space adjacent to the home and that it should be large enough to accommodate child’s play and exercise, and canopy trees. SUBMISSION BY HEART FOUNDATION ON MELBOURNE 2030 AUDIT OF IMPLEMENTATION PROJECTS (2007) The submission on Melbourne 2030 Audit of Implementation Projects discusses how Melbourne 2030 can influence physical activity, social cohesion and access to nutritious food and also evaluates the extent that its directions, initiatives and implementation projects support the Healthy by Design guidelines. It promotes gardening, a type of ‘green exercise’, as a way to enhance mental and physical health and wellbeing. It highlights the importance to open space in preventing feelings of imprisonment and isolation by urban children and teenagers. It notes that many opportunities for physical activity can occur in informal and recreation spaces in housing developments. The provision of private open space is likely to enhance health and wellbeing particularly because it provides space for physical activity such as child’s play and gardening. © planisphere 2015
21 Bayside Open Space Review | Strategic Framework 3.5
DIRECTIONS FOR THE CITY OF BAYSIDE Based on the above analysis, the following is relevant: 
The strategic justification for retaining open space surrounding dwellings in Bayside is to maintain and enhance the existing garden character and leafy streetscapes of the City of Bayside as identified in Council’s Neighbourhood Character Study 2004, and at Clause 21 – Municipal Strategic Statement of the Bayside Planning Scheme. Council’s Housing Strategy directs medium density housing to designated housing growth areas in activity centres and to strategic redevelopment sites, outside Neighbourhood Residential Zoned (NRZ) areas. Housing growth will be restricted in NRZ areas where the number of dwellings per site is capped at two. In areas intended for standard and low density residential development such as in the NRZ, medium canopy trees are appropriate. There is strong community support for changing the schedule to the NRZ to retain and enhance vegetation on private property. 
Several studies note the important role that private open space can play in enhancing mental and physical health and wellbeing, particularly by providing open space for child’s play and gardening activities, as well as preventing feelings of isolation amongst children and teenagers. © planisphere 2015
22 PRIVATE OPEN SPACE PROVISION 23 Bayside Open Space Review | Private Open Space Provision 4.1
INTRODUCTION To determine the basis upon which any changes to the Neighbourhood Residential Zone schedule should be established, a study has been undertaken of: The typical open space provision of existing established Bayside Neighbourhood Residential Zoned residential areas, and Open space provision in dual occupancy applications in Bayside Neighbourhood Residential Zoned areas. Of greatest relevance to this study is ResCode Standard B28: ‘Private open space objective’ which aims “to provide adequate private open space for the reasonable recreation and service needs of residents”. The specified private open space requirements in Bayside are currently as follows: An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3m and convenient access from a living room, or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or A roof‐top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. Private open space is defined in the Planning Scheme as “an outdoor area of a dwelling or residential building or land for the exclusive use of the occupants” while secluded private open space is “that part of private open space primarily intended for outdoor living activities which enjoys a reasonable amount of privacy”. Private open space provided behind buildings and most private open space that is provided along the sides of dwellings (provided that it has a minimum dimension of 3m) is considered secluded private open space. This type of private open space is desirable because it is most readily used by residents. © planisphere 2015
24 Bayside Open Space Review | Private Open Space Provision 4.2
EXISTING SINGLE DWELLINGS – OPEN SPACE PROVISION To establish the existing ‘typical’ secluded private open space provision of established residential development in Bayside Neighbourhood Residential Zoned (NRZ) areas [single detached dwelling on a lot] a sample was analysed to establish for each dwelling the average secluded private open space (p.o.s.) in square metres provided in backyards and private areas along the side of dwellings. There are approximately 31,873 NRZ residential lots in the municipality of Bayside. For the purposes of this study, a 1% sample was chosen. This was considered a satisfactory sample of lots containing single dwellings and that appeared to have retained the original subdivision. Using GIS aerial maps, 325 sites were analysed to identify and measure the private open space provision. Lots were chosen randomly by suburb in proportion to the number of NRZ lots per suburb to improve accuracy. This was broken down as follows: Brighton 22%; Brighton East 19%; Hampton 13%; Beaumaris 16%; Sandringham 10%; Highett 7%; Black Rock 8%; Cheltenham 1% and Hampton East 4%. The analysis established that:  The average (mean) p.o.s. provided by the dwellings is 318 square metres.  The average (median) p.o.s. provided by the dwellings is 297 square metres.  The average (mean) secluded p.o.s. provided by the dwellings is 203 square metres.  The average (median) secluded p.o.s. provided by the dwellings is 189 square metres. All of the properties analysed greatly exceed the requirements specified in the ResCode Standard for two or more dwellings on a lot. Only 5.8% of the dwellings contained less than 100 square metres secluded p.o.s. Notes on methodology:  Fence boundaries visible in the aerial photos were used rather than GIS property boundaries if these were different.  Private open space figures include areas covered by small garden sheds and swimming pools.  Driveways, garages, carports and any other covered areas attached to dwellings were excluded from p.o.s.  The edges of buildings which were covered by vegetation had to be estimated.  Only areas with a minimum dimension of 3m were included in the figures. © planisphere 2015
25 Bayside Open Space Review | Private Open Space Provision 4.3
TWO DWELLINGS ON A LOT – OPEN SPACE PROVISION A random sample of planning applications for two dwellings on a lot was analysed to determine the average current private open space provision being proposed in new development in the City of Bayside. The sample was taken from across the municipality, with a percentage breakdown by suburb as per the percentage breakdown in Section 4.2. A sample size that would accommodate at least two applications per suburb was chosen. A total of forty applications were considered. A total of 80 dwellings were proposed in the 40 planning applications analysed. The following average secluded private open space figures were extrapolated from the figures:  The average (mean) secluded p.o.s. provided by the dwellings is 70 square metres.  The average (median) secluded p.o.s. provided by the dwellings is also 70 square metres. The following table shows the percentage of dwellings in the applications that met a minimum secluded private open space area of 25, 40, 60, 80 and 100 square metres: Minimum secluded private open space Percentage of dwellings 25m2 100% 40m2 94% 60m2 65% 80m2 31% 100m2 8% All of the sample dwellings provided the minimum 25 square metres secluded private open space required by ResCode. Of the sample, 65% of dwellings provided more than 60 square metres, which would achieve the total private open space requirement of Standard B28 of ResCode. This figure is in contrast to the average secluded private open space provided for the typical single dwelling developments that are evident in the municipality (189 square metres). Based on the above figures and those in the previous section relating to single dwelling open space provision, there is a clear difference between the typical secluded private open space provision in existing residential development in Bayside, and that provided in new housing development for more than one dwelling. © planisphere 2015
26 Bayside Open Space Review | Private Open Space Provision 4.4
PROVISION RELATED TO BEDROOM NUMBER An analysis of the average secluded private open space provided per dwelling according to bedroom number was extrapolated from the dual occupancy housing applications. Each of the dwellings was classified according to the total number of bedrooms and studies. The mean private open space for each dwelling size was then derived. The table below provides details of the analysis which indicates that dwellings with more bedrooms and studies do not provide more secluded private open space per room on average. Number of bedrooms per dwelling1 Average (mean) secluded p.o.s. per dwelling (m2) 2 73 3 72 4 67 5 66 It is noted that the analysis undertaken for the Open Space for Residential Development 2009 report indicated a strong relationship between the number of bedrooms and secluded p.o.s. provided. It is possible that in the intervening 5 years the design of dual occupancy housing development has changed to increase the site coverage. This could explain the discrepancy in figures obtained in the 2015 analysis. As the correlation between bedrooms and greater open space provision identified in the 2009 report is no longer demonstrated by recent development applications, this no longer provides justification for the use of a sliding scale. It is noted that only one Council has introduced a standard that varies the private open space provision with the number of bedrooms. This was introduced six years ago. There is therefore no recent precedent to provide justification for this approach. 4.5
ARBORIST CONSIDERATIONS In the City of Bayside, 25 square metres of secluded open space with a width of 3 metres is insufficient to ensure there is adequate space for canopy trees that contribute to the municipality’s garden character. Council’s arborist has commented that canopy trees of 8‐15 metres in height are necessary to make a meaningful 1
This includes studies. © planisphere 2015
27 Bayside Open Space Review | Private Open Space Provision contribution to an area’s character and amenity. Trees below 8 metres and inadequate given that they are generally screened from the public realm by buildings, and therefore provide insufficient contribution to the gardenesque character referred to the in the Bayside Planning Scheme. The Review of Vegetation Related Provisions in the City of Bayside (2013) identified small canopy trees (up to 8 metres tall) as typical for medium density housing developments, particularly in front setback and private open space areas. Medium density housing is defined in the Bayside Housing Strategy as development of 3 or more dwellings on a lot. Therefore it is considered that the standard adopted in the Review for medium canopy trees (8‐15 metres in height / 10‐15 metres canopy spread) is more appropriate in the Neighbourhood Residential Zone where low density development is appropriate. Based on the typical soil depth of 0.5 metres in Bayside only small canopy trees (up to 8 metres in height) could be sustained in 25 square metres. To provide for canopy trees with heights of up to 15 metres, a minimum area of 59 square metres is required (see the following table). Canopy Width (m) Approximate Tree Height [Based on Canopy Width + 33% (m)] Minimum Soil Volume for Tree (m3) Surface Area Required (m2) 6 8.00 4.95 14.84 8 10.67 8.80 26.39 10 13.33 13.74 41.23 12 16.00 19.79 59.38 14 18.67 26.94 80.82 Source: City of Bayside, 2015 Canopy trees require an adequate width of open space to ensure that space is provided for the canopy without encroachment into adjoining properties or abutting buildings. Inadequate space suppresses the tree’s natural growth in at least one direction. Proximity to a boundary line would similarly pose a threat to canopy establishment over that boundary line, with the adjacent property manager likely to reduce the ‘overhang’, especially if it encroached in their private open space. Assuming a relatively balanced canopy and a centrally placed tree, a minimum dimension of 5 metres is required for the private open space where an 8‐12 metre canopy width is to be accommodated. It is noted that the minimum dimension of 5 metres has previously been accepted by Planning Panels in considering schedule requirements of this nature. Ideally this minimum would be larger but it is acknowledged that this is more likely to significantly constrain development. On this basis, private open space of approximately 60 square metres is required to provide adequate space for medium canopy trees. Guidance about the appropriate species of tree for these types of development would be of assistance to planners, developers and owners. © planisphere 2015
28 Bayside Open Space Review | Private Open Space Provision 4.6
RECOMMENDED MINIMUM STANDARDS Having regard to the previous analysis the following conclusions have been made:  A minimum dimension of 5m for secluded private open space is accepted practice in approved residential zone schedules. A minimum dimension of 5m is considered necessary to accommodate medium canopy trees that are required to maintain the gardenesue character of Bayside’s Neighbourhood Residential Zone areas. It is considered that this dimension should be adopted for Bayside.  While single dwellings in Bayside typically provide large secluded private open space areas around the dwellings, a smaller provision is accepted practice within dual occupancy developments in Bayside. A majority of dual occupancy developments include 60 square metres or more secluded private open space per dwelling.  The minimum area of site required to sustain a medium canopy tree is approximately 60 square metres.  The minimum secluded private open space requirement for Bayside should therefore be 60 square metres.  The area of total private open space required should adopt the typical differential between secluded and private open space of 15 square metres to produce a total requirement of 75 square metres. 4.7
DEVELOPMENT REDESIGN – OPEN SPACE PROVISION In the 2009 ‘Open Space for Residential Development’ three dual occupancy housing applications were analysed to ascertain whether minor modifications to the layout of a dwelling can result in more private open space provision without compromising the liveability of that dwelling. Further, it was to demonstrate that this additional private open space can be provided without impacting upon the yield of a development site. Should additional private open space be possible without impacting the yield of a site, it can demonstrate that Bayside can still achieve current densities being proposed in Bayside as well as achieve and improve neighbourhood character objectives through a variation to Standard B28. While the standards proposed in this current analysis vary slightly from those proposed in the 2009 analysis, it is considered relevant to include this previous analysis as it demonstrates that a higher secluded private open space provision can be accommodated. The three applications were chosen namely because they provided below average (mean) secluded private open space. They are also useful because they have a range of site sizes, different locations across Bayside, and propose different numbers of bedrooms. In the redesign, the dwellings are not modified in terms of their: Number of bedrooms Number of bathrooms © planisphere 2015
29 Bayside Open Space Review | Private Open Space Provision Front setback Overall layout The main modification made to the designs related to a reduction in a room size and/or the area for car parking. No revision compromised the meeting of a ResCode standard. Care was taken to ensure that an adequate number of and dimensions of car parking spaces were provided, and that private open space had minimum dimensions of 4m (slightly less than the 5 metre minimum dimension now found to be required) and that it has access from living areas. The provision of at least 100 square metres of secluded private open space would be in keeping with the typical private open space provision in Bayside in 2009. However, application of this figure impacted the potential yield of a site, and the liveability of the dwelling. Therefore, a figure of at least 80 square metres secluded private open space was used. While this is greater than the 60 square metres. minimum private open space requirement proposed in the findings of this analysis, the redesign exercise indicates that a greater level of open space can be provided in some instances, and compensates for the lower minimum dimension of 4m assumed in the redesign exercise.. This was achieved as shown in the following table: Initial Dwelling Floor Number Area (m2) Address for Application 10 Gleniffer Ave, Brighton East No. of Bedrooms + Studies Initial P.O.S. (m2) P.O.S. after redesign (m2) 1 369 3+1 75 85 2 369 3+1 75 85 1 159 2+1 46 83 2 140 3+1 46 82 1 253 3+0 51 81 2 184 2+1 54 84 Site Area: 906m2 546 Balcombe Rd, Black Rock Site Area: 696m2 23 Teddington Rd, Hampton Site Area: 766m2 10 GLENIFFER AVE, BRIGHTON EAST The Application for Gleniffer Ave was modified so that both dwellings have access to 80 square metres rear private open space. The rear wall of the two dwellings, which are identical, can be moved 1m towards the frontage which would reduce the family room area by 8.2 square metres. This would provide an additional 10.1 square metres private open space for each dwelling. This results in 85 square metres of private open space for both dwellings. © planisphere 2015
30 Bayside Open Space Review | Private Open Space Provision Private Open Space Initial (m2) Source of Additional area Additional open space (m2) Total (m2) Dwelling 1 75 Family room and adjacent outside area 10.1 85 Dwelling 2 75 Family room and adjacent outside area 10.1 85 The lounge room in both dwellings could also easily be reduced in size to accommodate an additional 22.4 square metres private open space each. See Appendix 1 for images of the plans. 546 BALCOMBE RD, BLACK ROCK The Application for Balcombe Road required more modifications as Dwelling 1 is an existing residence. Dwelling 1 requires only one car space because it has 2 bedrooms. The carport can therefore be included as private open space. Dwelling 2 can be set further back from Dwelling 1 by taking one metre from the front of Dwelling 2, resulting in 14.6 square metres additional private open space. This was achieved by reducing the size of the lounge room and meal/family rooms. The car space that was behind the carport could be made into a carport. This would now have better access from the nearby crossover. Dwelling 2 could be provided by removing the majority of meals/family room. The wall at ground level would be moved so that it is in line with the second storey. This would affect the internal layout. The library could become the lounge and the lounge the meals/ family area, assisted by the removal of a small section of wall. The garage could be reduced in size to 3.5 by 6 metres in order to accommodate one vehicle. The additional car space that would be required would be best placed in front of the garage. 12 square metres of private open space would then be created at the back of the house, connected to the patio area. NB. Dwelling 1 also has approximately 105 square metres private open space in the front setback that has not been included. Private Open Space Dwelling 1 Dwelling 2 © planisphere 2015
Source of Additional area Additional open space (m2) 46 Carport 22.3 Lounge and meals/ family rooms of dwelling 2 14.6 Garage 12.0 Meals/ family room 24.2 Initial (m2) 46 Total (m2) 83 82 31 Bayside Open Space Review | Private Open Space Provision 23 TEDDINGTON RD, HAMPTON The Application for 23 Teddington Road could meet the standard by a reduction of room size and the repositioning of Dwelling 2. Dwelling 1 would achieve 12 square metres private open space to the side of the dwelling if the garage was reduced to 3.5 metres by 6.0 metres. A gate or fence could be erected next to the garage to ensure privacy of the private open space along the side and back of the house. The additional car space that is required could be located in the driveway. An additional 17.5 square metres could be provided if the back wall on ground level and on the first floor was brought towards the frontage 1.8 metres. This would reduce the size of the dining/ living area on the ground floor and require the repositioning of the windows and possibly the ducted heating box. On the first floor this would reduce the size of bedroom 3 which would take space from retreat and require the repositioning of a window. Dwelling 2 could be moved two metres towards the frontage of the lot by reducing the size of the garage. This would provide an additional 30.4 square metres at the rear of the dwelling. The garage would need to be moved further away from the fence on the west side of the lot in order to still provide 6 square metres of storage area at the back of the garage. Since the dwelling only has two bedrooms an additional car space is not required. NB. Dwelling 1 also has approximately 26 square metres p.o.s. in the front setback that has not been included. Private Open Space Dwelling 1 Dwelling 2 Source of Additional area Additional open space (m2) 51 Garage 12.0 Dining/ living rooms 17.5 54 Moving dwelling forward by reducing garage area 30.4 Initial (m2) Total (m2) 81 84 © planisphere 2015
32 FINDINGS 33 Bayside Open Space Review | Findings 5.1
SUMMARY OF FINDINGS The following is a summary of findings:  Council’s Neighbourhood Character Study 2004 identifies that the residential areas within the municipality are defined by a garden character in which vegetation is a feature of the private dwellings. Vegetation includes canopy trees in rear yards forming a backdrop to the built form.  The Municipal Strategic Statement at Clause 21 of the Bayside Planning Scheme describes the majority of properties in Bayside as low rise single dwellings surrounded by open space. It is this open space that accommodates canopy trees and the garden character identified in the Neighbourhood Character Study and has been threatened through poorly designed dual occupancy housing. Further, this is a character highly valued by the community.  The Neighbourhood Character Policy at Clause 22.06 of the Bayside Planning Scheme implements the Character Study. However, the Policy identifies front and side setback characteristics and controls only. It does not apply or assess the contribution of open spaces at the rear of properties and the vegetation within those open spaces. This is therefore a gap in current Council policy.  Council’s adopted Housing Strategy work clearly defines areas outside of Housing Growth Areas as being low density (maximum two dwellings on a lot) with minimal growth and change.  The NRZ has been applied to Minimal Growth Areas identified in the Housing Strategy and represents a significant policy shift from the former R1Z. The NRZ provides a maximum of two dwellings on a lot and 8m height limits with an almost singular focus on limiting residential growth and protecting neighbourhood character.  The approach taken by a number of other Council's in varying Standard B28 is to have two requirements, one for POS and one for SPOS (with the POS larger than the SPOS), with a 15‐20 square metres differential between the two to allow for front garden areas, and have removed the ability to consider balconies and roof decks as contributing to meeting the standard.  The two municipalities adjoining Bayside, the Cities of Glen Eira and Kingston, have both successfully varied Standard B28 in their Planning Scheme. Both apply a minimum 40 square metres of ‘secluded’ private open space and a minimum dimension of 4 metres and 5 metres respectively. A total area of 80 square metres of private open space is the highest approved in a planning scheme.  The case studies found that existing ‘typical’ median secluded private open space provision of single dwellings in Bayside is 189 square metres in comparison to a median of 70 square metres proposed in new dual occupancy housing applications. © planisphere 2015
34 Bayside Open Space Review | Findings  Analysis of three dual occupancy housing applications that provide below average (mean) secluded private open space demonstrate that with minor changes to the layout of the dwellings, 80 square metres secluded private open space can be achieved.  An Arborist Report concludes that more than 60 square metres is adequate to support planting of medium canopy trees and retain optimal health of the tree.  Planning Panel has considered 5 metres minimum width of private open space as accepted practice.  The minimum secluded private open space requirement for Bayside should therefore be 60 square metres.  The area of total private open space required should adopt the typical differential between secluded and private open space of 15 square metres to produce a total requirement of 75 square metres. © planisphere 2015
35 Bayside Open Space Review | Findings 5.2
RECOMMENDED STANDARD B28 Based on these findings, it is considered appropriate that the ResCode standard for open space be altered in the Schedule to the Neighbourhood Residential Zone. It can be demonstrated that adequate space for recreational and service needs, as well as the ability to retain adequate space between buildings for the planting of canopy trees and thus protection of Bayside’s valued gardenesque character, can be achieved by dual occupancy housing development in Bayside without impacting upon the Council’s ability to achieve housing targets. The following B28 Standard is recommended: A dwelling or residential building should have private open space consisting of an area of 75 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum 60 square metres, a minimum dimension of 5 metres, and convenient access from the living room. It cannot include a balcony or a roof‐top area. © planisphere 2015
36 APPENDICES 37 Bayside Open Space Review | Appendices 10 GLENIFFER AVE, BRIGHTON EAST Ground floor plan Bayside Open Space Review | Appendices Ground floor changes: additional private open space in yellow First floor changes: roof removed in yellow to correspond with ground floor changes Bayside Open Space Review | Appendices 546 BALCOMBE RD, BLACK ROCK Ground floor plan Bayside Open Space Review | Appendices Ground floor changes: additional private open space in yellow Bayside Open Space Review | Appendices First floor plan: areas affected by changes in yellow Bayside Open Space Review | Appendices 23 TEDDINGTON RD, HAMPTON Landscape plan Ground floor changes: additional private open space in yellow First floor changes: roof removed in yellow to correspond with ground floor changes with bedroom adjusted Bayside Open Space Review | Appendices