SHOREHAM 4295 Frankston Flinders Road - Planning Report Mr James Kelly & Ms Fiona Mason - Mornington ...

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SHOREHAM 4295 Frankston Flinders Road - Planning Report Mr James Kelly & Ms Fiona Mason - Mornington ...
Planning Report
                              4295 Frankston Flinders Road
                                                  SHOREHAM

                                  Mr James Kelly & Ms Fiona Mason
                                                         June 2021

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4295 Frankston Flinders Road
Contents
Executive Summary .............................................................................................................................................1
1.0 Background Information .............................................................................................................................3
     1.1. Previous Planning Permits.................................................................................................................3
2.0 Proposal ....................................................................................................................................................4
     2.1. Replacement Dwelling.......................................................................................................................4
3.0 Subject Site and Surrounds ........................................................................................................................6
     3.1. Subject Site ......................................................................................................................................6
     3.2. Site Context ......................................................................................................................................8
4.0 Planning Assessment ............................................................................................................................... 10
     4.1. Permit Triggers ............................................................................................................................... 10
     4.2. Zoning ............................................................................................................................................ 10
     4.3. Overlays ......................................................................................................................................... 12
5.0 Strategic Planning Policy Assessment ...................................................................................................... 15
     5.1. Planning Policy Framework (“PPF”) ................................................................................................. 15
     5.2. Local Planning Policy Framework (“LPPF”)...................................................................................... 16
     5.3. Other Relevant Policy ...................................................................................................................... 17
     5.4. Clause 65 - Decision Guidelines ...................................................................................................... 18
6.0 Conclusion............................................................................................................................................... 19

Figure 1: Aerial image of site and surrounds as at 8 April 2021, as sourced from Nearmap, accessed on 23 January 2021 .......6
Figure 2: Rear of the Existing Dwelling (Western Facing Perspective) captured on 28 April 2021 ...............................................7
Figure 3: Rear of the Existing Dwelling to be removed (Western Facing Perspective) captured on 28 April 2021.........................7
Figure 4: Eastern Side of Existing Dwelling to be removed (Eastern Elevation, North Facing) captured on 20 January 2021 ........8
Figure 5: Aerial image of site context as at 10 February 2021, as sourced from Nearmap, accessed on 17 June 2021 ...............8
Figure 6: Zoning map, sourced from VicPlan, accessed 15 May 2021 ....................................................................................10
Figure 7: Environmental Significance Overlay map, sourced from VicPlan, accessed 15 May 2021 .........................................12
Figure 8: Significant Landscape Overlay map, sourced from VicPlan, accessed 15 May 2021 .................................................13

Document
Control
Date Prepared                    Version Number                  Author                          Reviewer                        Distributed
19 June 2021                     1                               T. Gamble                       K. Nash                         Client
21 June 2021                     2                               T. Gamble                       K. Nash                         Client / Council
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         Executive Summary
         KLM Spatial acts on behalf of Mr James Kelly and Ms Fiona Mason in preparing and submitting this
         application for a planning permit for a replacement dwelling at 4295 Frankston Flinders Road,
         Shoreham.

         Subject Site
         The subject site is commonly known as 4295 Frankston Flinders Road, Shoreham and can be formally
         identified as Lot 1 on Plan of Subdivision 146346M.

         There are no covenants, restrictions or Section 173 Agreements registered on Title.

         Proposal
         Broadly, it is proposed to replace the existing two/three-storey dwelling with a single storey dwelling
         in accordance with the submitted plans and documents.

         The current land owners have embarked on a 6-month design process to ensure the dwelling is both
         functional and site responsive. Initially, investigations were undertaken to alter the existing dwelling.
         However, the existing dwelling on the land requires significant maintenance as this has been lacking
         for several years and its multi-level internal layout with sunken lounges and extensive stairways,
         creates challenges for accessibility and practicality. In addition, the existing dwelling is extremely
         energy inefficient meaning any alterations would not comply with current energy ratings.

         Consequently, replacing the existing dwelling was considered to be the most logical outcome. The
         proposed replacement dwelling has been carefully considered recognising the unique coastal frontage
         the land enjoys and the need to ensure development is sympathetic to the coast. Specifically;

              -    The proposed built form is a low height single-storey dwelling (between 4.8 and 5.7 metres
                   in height) which will better integrate with the existing low height vegetation.
              -    The external materials and finishes of the dwelling will be natural, muted tones commensurate
                   with the natural environs. This includes natural timber cladding and natural stone cladding.
              -    The dwelling has been sited generally within the existing dwelling footprint / domestic building
                   envelope. This ensures the replacement dwelling will not encroach on the established setback
                   from the foreshore, as well as, minimises any cut/fill associated with the development.
              -    Furthermore, the replacement dwelling will have no impact on the agricultural viability of the
                   land. Indeed, the current land owners seek to enhance the productivity of the existing olive
                   grove as detailed within the submitted agricultural land management plan.
              -    The replacement dwelling will not impact any existing vegetation.

         Overall, the replacement dwelling will be built entirely within the existing domestic envelope and will be
         of an architectural form which includes finishes that integrate seamlessly with the surrounding area.

         We provide our assessment and discuss our conclusions within this Planning Submission, which is to
         be read in conjunction with the submitted development plans.

         Planning Controls
         Pursuant to the Mornington Peninsula Planning Scheme, the following planning controls apply to the
         subject land;

              Green Wedge Zone – Schedule 2 (GWZ2)

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              Environmental Significance Overlay (ESO)
                   Schedule 11 – Southern Eastern Basalt Slopes
                   Schedule 20 – Cliff & Beach (part of site only)
                   Schedule 21 – Coastal Hinterland (part of site only)

              Significant Landscape Overlay (SLO)
                   Schedule 2 – Coastal Landscape
                   Schedule 6 – National Trust Classified Landscape

         Permit Triggers
         The following is a summary of the planning controls and permit triggers for the proposed buildings and
         works associated with the replacement dwelling;

          Control                                 Trigger
          Green Wedge Zone, Schedule 2            Clause 35.04-5 - Permit required – for building and works associated with a
          (GWZ2)                                  section 2 use.
          Environmental Significance Overlay,     Clause 42.01-2 - Permit Required – buildings and works associated with a
          Schedule 11 (ESO11)                     section 2 use in the Green Wedge Zone.
          Environmental Significance Overlay,     Clause 42.01-2 - Permit required – no exemptions.
          Schedule 20 (ESO20)
          Environmental Significance Overlay,     Clause 42.01-2 - Permit required – no exemptions.
          Schedule 21 (ESO21)
          Significant Landscape Overlay           Clause 42.03-2 - Permit required – for building and works associated with a
          Schedule 2 (SLO2)                       Section 2 use.
          Significant Landscape Overlay           Clause 42.03-2 - Permit required – for building and works associated with a
          Schedule 6 (SLO6)                       Section 2 use.

         Other
         Part of the land is within an area of cultural heritage sensitivity however, the proposal does not
         constitute a high impact activity. Accordingly, a Cultural Heritage Management Plan has not been
         prepared.

         It is further noted that the proposed replacement dwelling will be located within the same footprint as
         the existing dwelling. This part of the site appears to have been significantly disturbed noting the
         contours of the land and the elevated nature of this part of the site.

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1.0 Background Information
         1.1.     Previous Planning Permits
         The existing dwelling on the land was approved by Council in 1998 and constructed in 1999.

         It should be noted that a current planning application (Council reference P21-1087) is currently being
         assessed by Council and relates to the development of an agricultural outbuilding and vegetation
         removal. The application was received by Council on 13 May 2021 and at this time remains under
         assessment. It is not considered that the current application will prejudice this existing application or
         vis-à-vis.

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2.0 Proposal
         2.1.     Replacement Dwelling
         It is proposed to replace the existing two/three-storey existing dwelling with a low height single-storey
         dwelling.

         Critically, the proposal does not seek to locate the replacement dwelling any closer to the foreshore/cliff
         face than the existing dwelling, nor does it propose to encroach further on existing setbacks with
         neighbouring land parcels. As the replacement dwelling will be generally sited within the same footprint
         as the existing dwelling, there will be no impact on the existing agricultural enterprise (olive grove).

         The existing driveway will continue to be utilised to provide access to the dwelling.

         No vegetation is required to be removed to accommodate the replacement dwelling.

         The replacement dwelling will comprise of:

              ­    The main entry will be nestled within a narrow courtyard that separates the distinctive northern
                   and southern sections of the dwelling.
              ­    A total of five (5) bedrooms each featuring a walk-in wardrobe, and four (4) that will also
                   include an ensuite are proposed.
              ­    The living and dining area will be open plan and located towards the eastern/front of the
                   dwelling that extends onto a separate deck capturing views of Western Port Bay.
              ­    The kitchen and meals area will be situated adjacent to the living and dining area and will
                   feature a prominent sliding door that leads out onto an expansive deck and veranda area.
              ­    There will be a circular outdoor pool, as well as, an accompanying BBQ area that sits adjacent
                   to the main deck and veranda.
              ­    A two (2) car garage located in the western section of the dwelling that includes a shared
                   laundry and storage area.

         We refer to the below floor plan for additional information;

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         The external materials and finishes of the replacement dwelling will incorporate natural and muted
         tones to ensure the design is sympathetic to its prominent rural and coastal landscapes. Specifically,
         a stone finish is proposed for a majority of the dwelling with natural timber cladding utilised as a feature.
         Extensive glazing is proposed to optimise views and the south and western windows will be inset to
         achieve a high level of fenestration.

         The design of the dwelling draws on a contemporary style of architecture that makes use of neutrally
         toned walls and deep inset windows that capture prominent vistas of Western Port Bay.

         The overall height of the dwelling varies between 4.8 and 5.7 metres, significantly lower than the
         existing dwelling on site. Minimal cut and fill is proposed as the dwelling seeks to utilise the existing
         landform; all cut and fill is less than 1 metre.

         We refer to the attached plans prepared by ESSI for further details.

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3.0 Subject Site and Surrounds
         3.1.     Subject Site
         The subject site is commonly identified as 4295 Frankston-Flinders Road, Shoreham and can be
         formally identified as Lot 1 on PS 146346M.

         The allotment itself is long and rectangular in shape. The land has a 94.15 metre frontage to Frankston-
         Flinders Road and abuts the foreshore to its south-east. The land has an overall area of 4.96 hectares.

         Figure 1: Aerial image of site and surrounds as at 8 April 2021, as sourced from Nearmap, accessed on 23 January 2021

         The land has a gentle fall away from Frankston-Flinders Road as well as having a slight cross fall.
         Significant earthworks were undertaken when the original dwelling was constructed 23 years ago as it
         can be identified with the fill having been placed on-site to form mounded garden beds. The existing
         dwelling currently sits approximate 28 metres higher than the high tide mark noting the cliff face it is
         sited upon.

         The property is accessed via a standard vehicle crossover from Frankston-Flinders Road, which then
         follows a winding gravel driveway through the operational olive grove and heads towards the existing
         dwelling.

         Approximately a third of the site is set aside for the existing olive grove which will continue to operate
         as a commercial enterprise. A total of 500 olive trees form the olive grove which was planted
         approximately 23 years ago. An agricultural outbuilding and extension of the driveway has been
         proposed towards the southern boundary which forms part of the previously discussed application.

         Towards the ‘middle’ of the site is a billabong and native vegetation which has been planted to enhance
         the biodiversity values of the area. This creates a separation between the agricultural enterprise to the
         north-west of the site and the existing dwelling to the south-east of the site.

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         The existing dwelling on the land was constructed in 1999. The dwelling is a unique ‘boat’ design
         which is identifiable due to its overall height and massing. We refer to the below photographs which
         depict the existing building form;

         Figure 2: Rear of the Existing Dwelling (Western Facing Perspective) captured on 28 April 2021

         Figure 3: Rear of the Existing Dwelling to be removed (Western Facing Perspective) captured on 28 April 2021

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         Figure 4: Eastern Side of Existing Dwelling to be removed (Eastern Elevation, North Facing) captured on 20 January 2021

         3.2.     Site Context
         The broader area can be described as supporting various agricultural and horticultural activities many
         of which are supported by dwellings. There is a mixture of new and older style dwellings that have
         been designed and orientated to optimise views of Flinders, Phillip Island and Western Port Bay. The
         subject site has two abutting neighbours 4265 (north) and 4305 (south) Frankston-Flinders Road.

         Figure 5: Aerial image of site context as at 10 February 2021, as sourced from Nearmap, accessed on 17 June 2021

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         The following land uses and development directly abut the subject site:

         North: The subject site has a north-eastern boundary with 4265 Frankston Flinders Road. The
         expansive lot maintains an ‘L-shape’ and has an approximate site area of 11.43ha. The property itself
         is improved by a dwelling and associated plant nursery. The site is densely vegetated through the
         middle of the property and along the foreshore.

         East: Immediately east of the subject site is the Shoreham Foreshore. The area is densely vegetated
         with native shrubs and other varieties of coastal flora. The existing dwelling onsite has unobstructed
         view lines of Shoreham beachfront and Western Port Bay.

         South: Sharing a south-western boundary with the subject site is 4315 Frankston Flinders Road. The
         adjoining lot is similarly shaped and has an approximate site area of 6.01 ha. The allotment maintains
         vehicle access from Frankston-Flinders Road via a long gravel driveway leading up to a recently
         constructed dwelling (completed late 2019). The remaining area is characterised by open paddocks
         and its topography is flatter in comparison to that of 4295 Frankston Flinders Road. There is limited
         vegetation with sporadic shrubs leading towards the foreshore.

         West: To the immediate west of the site is Frankston-Flinders Road. The road is characterised as a
         Road Zone Category 1 (RDZ1) and operates as an arterial connection between Shoreham and Flinders.

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4.0 Planning Assessment
         4.1.     Permit Triggers
         A planning permit is required under the following provisions of the Mornington Peninsula Planning
         Scheme;

              -    Pursuant to Clause 35.04-5 (Green Wedge Zone), a permit is required for building and works
                   associated with a section 2 Use; and
              -    Pursuant to Clause 42.01-2 (ESO11, 20 and 21), a permit is required to construct a building
                   or construct or carry out works associated with a section 2 Use; and
              -    Pursuant to Clause 42.03-2 (SLO 2 and 6), a permit is required to construct a building or
                   construct or carry out works associated with a section 2 Use.
         4.2.     Zoning
         The subject land is located within the Green Wedge Zone – Schedule 2 (GWZ2) of the Mornington
         Peninsula Planning Scheme.

         Figure 6: Zoning map, sourced from VicPlan, accessed 15 May 2021

         The purpose of this zone is:

              -    To implement the Municipal Planning Strategy and the Planning Policy Framework.
              -    To provide for the use of land for agriculture.
              -    To recognise, protect and conserve green wedge land for its agricultural, environmental,
                   historic, landscape, recreational and tourism opportunities, and mineral and stone resources.
              -    To encourage use and development that is consistent with sustainable land management
                   practices.
              -    To encourage sustainable farming activities and provide opportunity for a variety of productive
                   agricultural uses.
              -    To protect, conserve and enhance the cultural heritage significance and the character of open
                   rural and scenic non-urban landscapes. To protect and enhance the biodiversity of the area.

         Pursuant to 35.04-5, a permit is required to construct or carry out works associated with a use in
         Section 2 of Clause 35.04-1 (a dwelling is a section 2 use).

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         A lot used for a dwelling must meet all the following requirements:

              -    Access to the dwelling must be provided via an all-weather road with dimensions adequate
                   to accommodate emergency vehicles.
              -    The dwelling must be connected to a reticulated sewerage system or if not available, the
                   wastewater must be treated and retained on-site in accordance with the State Environment
                   Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.
              -    The dwelling must be connected to a reticulated potable water supply or have an alternative
                   potable water supply with adequate storage for domestic use as well as for fire fighting
                   purposes.
              -    The dwelling must be connected to a reticulated electricity supply or have an alternative
                   energy source.

         Response
         Consistent with the objectives of the zone, the application for a replacement dwelling is considered to
         be appropriate given the siting of the dwelling is generally in the same location as the existing dwelling
         and the dwelling footprint is also consistent. Accordingly, the replacement dwelling will not impact the
         existing agricultural enterprise on the land.

         An assessment of the proposal against the relevant decision guidelines is provided as follows;

         General Issues:

              •    As there is an existing dwelling already onsite, this demonstrates that the property is capable
                   of supporting a dwelling. Re-use of the existing domestic building envelope is also proposed.
              •    The proposed replacement dwelling will not impact the existing agricultural enterprise already
                   operating on-site. Indeed, the current land owners will enhance the output of the existing olive
                   grove through the measures detailed within the submitted agricultural management plant.
              •    The replacement dwelling will maintain the existing generous setbacks from existing dwellings
                   and will therefore mitigate unreasonable amenity impacts for the surrounding area.
              •    The proposal intends to replace the existing dwelling and with a less visually intrusive single-
                   storey dwelling that is responsive to the coastal and rural character.

         Rural Issues:

              •    Commitment to the primary rural land use is evidenced by an active planning application
                   (P21/1087) that relates to the development of an agricultural building. Further, the submitted
                   agricultural land management plan outlines the measures proposed to be implemented by the
                   current landowners to enhance the olive grove and its production.
              •    The proposal will not place an unnecessary strain on infrastructural services as it will utilise
                   existing connections.
              •    The proposal will not erode the agricultural productivity of the land given the replacement
                   dwelling will utilise the existing domestic building envelope.

         Environmental Issues:

              •    The proposal does not seek to locate the dwelling any closer to the foreshore or cliff face, nor
                   does it propose to encroach further into existing setbacks with neighbouring properties.
              •    The development will not adversely impact the coastal landscape or natural scenery of the
                   Shoreham area.
              •    No vegetation is required to be removed to accommodate the proposed development.
              •    Wastewater from the development will be connected to an existing septic system which is
                   located adjacent to the existing dwelling.

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         Design & Siting Issues

              •    The materials and finishes proposed are sympathetic to the coastal environment. The dwelling
                   will be primarily constructed from natural stone cladding with extensive glazing to take
                   advantage of the views the site enjoys. A natural timber cladding will be used as a feature to
                   complement the design and accentuate key features.
              •    The angular siting of the dwelling and curved façade means the dwelling will not appear as a
                   solid mass.
              •    The replacement dwelling will decrease the current building height and ensure the
                   development is not visually bulky and integrates with its surroundings.

         4.3.     Overlays
         The subject land is encumbered by the Environmental Significance Overlay (ESO):

         Clause 42.01 – Environmental Significance Overlay (ESO)

         The following schedules to the ESO apply to the site:
         - Schedule 11 – Southern Eastern Basalt Slopes
         - Schedule 20 – Cliff & Beach (north-eastern part of the land /covers part of the development
             footprint only)
         - Schedule 21 – Coastal Hinterland (north-western part of the land / covers part of the development
             footprint only)

         Figure 7: Environmental Significance Overlay map, sourced from VicPlan, accessed 15 May 2021

         A planning permit is required under Schedule 11 of the ESO as the proposed buildings and works relate
         to a Section 2 Use. We note that all other permit triggers relating to height and setbacks are satisfied.

         A planning permit is required under Schedules 20 and 21 of the ESO, as both schedules specify building
         and works associated with a section 2 Use require a planning permit.

         Response
         It is submitted that the proposed replacement dwelling is responsive to the relevant environmental
         objectives to be achieved within these schedules on the following basis:

              •    The replacement dwelling is sited in the same position as the existing dwelling hence it will
                   not further impact the natural, agricultural and landscape values of the South Eastern Basalt
                   Slopes.

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              •    As there is no removal of vegetation, existing habitat corridors and wetlands will not be
                   impacted by the proposal.
              •    The site will continue to be used primarily for agricultural purposes (olive grove) as such this
                   proposal is merely sought to replace an existing dwelling on the site with a more contemporary
                   and responsive dwelling design.
              •    Preservation of Shoreham’s coastal landscape will be maintained by ensuring the
                   development does not encroach any closer to the cliff face.
              •    The proposal is responsive to Shoreham’s rural and scenic vistas as the dwelling will be single
                   storey and of a modest height ensuring it does not dominate the cliff top.

         Clause 42.03 – Significant Landscape Overlay (SLO):

         The purpose of this overlay is:
             - To implement the Municipal Planning Strategy and the Planning Policy Framework.
             - To identify significant landscapes.
             - To conserve and enhance the character of significant landscapes.

         The following Schedules to the SLO apply to the site:

         -    Schedule 2 – Coastal Landscape
         -    Schedule 6 – National Trust Classified Landscapes

         Figure 8: Significant Landscape Overlay map, sourced from VicPlan, accessed 15 May 2021

         A planning permit is required under Schedules 2 and 6 of the SLO. It is submitted that the proposed
         replacement dwelling is responsive to the relevant landscape character objectives to be achieved within
         these schedules on the following basis:

              •    The dwelling is located within the existing domestic building envelope, hence does not further
                   encroach on the prominent eastern cliff face and Shoreham beachfront. If an alternate location
                   was identified, this would;
                        o Result in the removal of native vegetation
                        o Reduce the agricultural potential of the land
                        o Result in an underutilised part of the land noting the difficulty in growing anything
                             close to the cliff face
              •    Given the angular siting of the dwelling on the land and noting its curved façade, the dwelling
                   will not present as a significant mass when viewed from the Shoreham Foreshore.
              •    There is existing infrastructure from the existing dwelling that will support the proposed
                   development and avoid further intrusive works.

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              •    External building materials include natural stone, glazing and timber cladding that are neutrally
                   toned and do not visually dominate surrounding landscapes.
              •    The proposal does not seek to remove any coastal or native vegetation that would diminish
                   the landscape character objectives of the area.
              •    The low height built form will ensure the dwelling is less visually obtrusive than the existing
                   dwelling it is intended to replace.

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5.0 Strategic Planning Policy Assessment
         5.1.     Planning Policy Framework (“PPF”)
         The Planning Policy Framework (PPF) is in place to ensure that the objectives of Section 4 of the
         Planning and Environment Act 1987 are implemented through appropriate land use and development
         planning policies. These policies incorporate environmental, social and economic factors that
         contribute towards the achievement of net community benefit and sustainable development.

         The following policies are of relevance to the current proposal:

         Clause 11.01-1R: Green Wedges – Metropolitan Melbourne: The objective of this clause is to protect
         the green wedges of Metropolitan Melbourne from inappropriate development.

         Clause 12.02-3S: Bays: The objective of this clause is to improve the environmental health of Port
         Phillip Bay and Western Port and their catchments.

         Clause 12.05-2S: Landscapes: The objective of this clause is to protect and enhance significant
         landscapes and open spaces that contribute to character, identity and sustainable environments.

         Clause 13.01-1S – Natural Hazards & Climate Change – The objective of this policy is to minimise
         the impacts of natural hazards and adapt to the impacts of climate change through risk-based
         planning.

         Clause 13.01-2S – Coastal Inundation & Erosion – The objective of this policy is to plan for and
         manage the potential coastal impacts of climate change.

         Clause 14.01-1S: Protection of Agricultural Land: The objective of this clause is to protect the state’s
         agricultural base by preserving productive farmland.

         Clause 15.01-2S – Building Design – This Clause objective is to achieve building design outcomes
         that contribute positively to the local context and enhance the public realm.

         Response
         The proposed replacement dwelling is considered to achieve the above policy objectives as;

              -    The replacement dwelling will not adversely impact the primary agricultural use of the land
                   (olive production).
              -    The replacement dwelling will replace the existing dwelling on the land with a more site
                   responsive, low height built form to ensure the development does not dominate the cliff face.
              -    The development carefully considers the importance of the coastal landscape with respects
                   to the local flora, dunes, beachfront and extensive view lines in the proposed design
                   development. In particular, visual intrusion, bulking, vegetation retention, siting, landscaping
                   and setbacks are amongst some of the measures implemented in the design of the dwelling.
              -    The proposed dwelling is suitably located 51.75 metres from the cliff face and 82.09 metres
                   from the high watermark. The dwelling is also elevated approximately 28 metres above the
                   existing foreshore.
              -    By utilising the existing building footprint, further disturbance on land has been minimised.
              -    The replacement dwelling will be constructed to the necessary BAL as determined by the
                   relevant building surveyor thereby mitigating potential bushfire risks.

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         5.2.     Local Planning Policy Framework (“LPPF”)
         The Local Planning Policy Framework (LPPF) is comprised of the Municipal Strategic Statement (MSS)
         and Local Planning Policies. The elements of the Local Planning Policy Framework including Municipal
         Strategic Statement relevant to this proposal include:

         Clause 21.08: Foreshores & Coastal Areas: One of the objectives of this policy is to protect and
         enhance the natural ecosystems and landscapes of the coast for the benefit and enjoyment of present
         and future generations.

         Clause 22.03: Dwelling Density, Excisions & Realignment in Rural Areas: This policy relates to
         retaining land within the Green Wedge and Farming Zone for agricultural production.

         Clause 22.06: Development on Highways, Main Roads & Tourist Routes: This policy relates to
         development on all land within the Green Wedge Zone and Farming Zone adjoining highways, main
         roads and tourist routes.

         Response
         The subject site is situated within the Shoreham coastal hinterland that boasts a unique landscape,
         spanning expansive dunes, diverse species of flora and fauna, vast cliff faces and scenic beachfronts.
         The policy pays close attention to protecting the land from environmental degradation, loss of natural
         and cultural values and declining community benefit. The proposal does not include any construction
         within areas deemed hazardous including the immediate foreshore or cliff face that would worsen
         erosion, landform instability or other coastal processes.

         The proposal also considers the importance of view lines ensuring development will dominate the
         Shoreham beachfront and respects the scenic value of this area.

         In addition, the development ‘re-uses’ the existing dwelling footprint thereby preventing unnecessary
         disturbance from earthworks and degradation of environmental values and impacts of coastal erosion.

         Finally, the built form of the dwelling itself closely considers the coastal image of Western Port by
         incorporating generous setbacks from the foreshore and neighbouring properties, a complimentary
         design, use of natural materials and finishes.

         Protection of the Mornington Peninsula Green Wedge remains a crucial long-term direction for the shire
         moving forward. The use of land is not changing and the landowner’s remains primarily focused on
         improving and enhancing the existing olive production on-site.

         As such, the replacement dwelling has due regard to the policy context and seeks to provide an
         appropriate built form outcome.

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         5.3.      Other Relevant Policy
         5.3.1. Mornington Peninsula Green Wedge Management Plan (April, 2019)
         We provide an assessment of the proposal against the Green Wedge Management Plan to demonstrate
         how the proposed development aligns with Council’s direction for how green wedge zoned land should
         be used and developed.

         The Green Wedge Management Plan includes six main themes:

              1.   Subdivision, Rural Dwellings and the Role of Townships in the Green Wedge
              2.   Conservation & Biodiversity
              3.   Agriculture, Agri-business & Agri-tourism
              4.   Tourism & Leisure-based Use & Development
              5.   Landscape, Recreation & Heritage
              6.   Infrastructure Planning & Design

         The proposal responds to the relevant sections and objectives of each theme as follows:

         Subdivision, Rural Dwellings and the Role of Townships in the Green Wedge:

         ‘to support and reinforce the role and character of the Green Wedge townships.’

              •    In keeping with policy concerning replacement dwellings, the existing structure will be entirely
                   demolished before construction on the new dwelling begins.
              •    The growing of olives on-site will remain the primary use of the land. Improvement and
                   expansion of this current operation are evidenced with the development of an additional
                   outbuilding that will be used to more efficiently harvest and treat olives on-site.
              •    The design of the replacement dwelling ensures the open rural character and scenic
                   landscapes of the area will remain protected.
              •    Siting requirements will be achieved, considering the existing domestic building envelope will
                   be utilised to ensure surrounding properties and the broader landscape is not adversely
                   impacted by bulking, encroachment and degradation.

         Conservation & Biodiversity:

         ‘to recognise and protect, conserve and enhance the diversity, quality and extent of natural systems
         for their international, national, regional and local significance.’

              •    The proposed development does not require the removal of native vegetation as the dwelling
                   is sited away from existing vegetation.
              •    Connection to an appropriate wastewater treatment and stormwater source is proposed to
                   ensure waterways and wetlands remain free from pollution.
              •    Habitats within native bushlands and coastal hinterlands will be suitably protected through
                   appropriate setbacks and re-use of the existing domestic building envelope adopted as a part
                   of the proposal.

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         5.4.     Clause 65 - Decision Guidelines
         In determining whether a permit should be granted, the responsible authority must decide whether the
         proposal will produce acceptable outcomes in terms of the decision guidelines set out in Clause 65.

         The following outlines how the proposal appropriately responds to each of the decision guidelines:

         -    The proposal is consistent with the purpose and intent of the Policy Framework as outlined in this
              Statement. The replacement dwelling directly achieves the policy objective of Clause 22.03-3 as
              it is a replacement dwelling which is located in the same location as the existing dwelling hence
              the proposal will not reduce the primary agricultural activity on the land nor detrimentally impact
              any natural systems.
         -    The proposal is consistent with the objectives of the Green Wedge Zone (GWZ) and above all else
              seeks to maintain the agricultural productivity of the land, whilst ensuring that there are no
              detrimental impacts to the surrounding tenancies or properties.
         -    The proposal is responsive to the objectives to be achieved under both the Environmental
              Significance and Significant Landscape Overlays which apply given;
                    o The replacement dwelling is located within the footprint of the existing dwelling.
                    o The built form and massing of the proposed dwelling is smaller than the existing dwelling
                        ensuring it does not have a greater impact on the foreshore.
                    o No vegetation is required to be removed.
                    o Significant earthworks are not required.
         -    The dwelling will be appropriately setback to ensure that there is no impact to abutting properties,
              surrounding landscapes or existing vistas.

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6.0 Conclusion
         This Planning Statement has demonstrated the proposal which involves buildings and works
         associated with a replacement dwelling, is consistent with the requirements of the Mornington
         Peninsula Planning Scheme.

         It is therefore considered that based on the above assessment the proposal should be supported by
         Council for the following reasons:

         -    The proposal is consistent with the purpose and intent of the Planning Policy Framework including
              the Municipal Strategic Statement.
         -    Meets the requirements of the Green Wedge Zone (GWZ) as demonstrated within this Statement
              and the submitted plans/documents.
         -    The development achieves a functional and responsive design that carefully considers view lines,
              coastal vegetation, prominent landscape qualities and the agricultural capacity of the subject site
              and broader Shoreham area.
         -    The works will not compromise existing view lines and vistas of Western Port Bay.
         -    The development will retain existing setbacks to the foreshore and adjoining properties.
         -    Re-use of the existing domestic building envelope will ensure there is no additional ground
              disturbance or further erosion of the eastern cliff face.
         -    Aligns with the relevant objectives and themes of the Mornington Peninsula Green Wedge
              Management Plan for replacement dwellings.

         Overall, the proposal is considered to present an appropriate planning outcome and is consistent with
         the purpose and intent of the relevant planning controls and policies and assessed within this report.

                                                     END OF ASSESSMENT

KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
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