SHOREHAM 4295 Frankston Flinders Road - Planning Report Mr James Kelly & Ms Fiona Mason - Mornington ...
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Planning Report 4295 Frankston Flinders Road SHOREHAM Mr James Kelly & Ms Fiona Mason June 2021 KLM Spatial Reference: 0500 June 2021
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
4295 Frankston-Flinders Road 1 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) KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 2 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 3 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 4 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; KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 5 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 6 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 7 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 KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 8 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 KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 9 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 10 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). KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 11 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 12 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 13 • 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 14 • 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 15 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 16 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 17 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 18 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. KLM Spatial Reference: 10312 / Version Number: 2 / June 2021
4295 Frankston-Flinders Road 19 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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