|
That the Committee
(under delegation from Council) issue a Notice of Decision to Grant a Permit
to the land located at 2 Kirwin Avenue, Eltham for the construction of a
second dwelling (double storey) to the rear of the existing dwelling, in
accordance with the submitted plans and subject to the following conditions:
1. Before
the development commences amended plans to the satisfaction of the
Responsible Authority must be submitted to and approved by the Responsible
Authority. When approved, the plans will be endorsed and will then form part
of this permit. The plans must be generally in accordance with the plans
submitted with the application but modified to show:
a) The
existing vehicle crossing to Leane Drive retained or reconstructed at the
same grade and location under the supervision of the project arborist to
protect Council owned tree number 2.
b) A
notation to state that excavation for the retaining wall posts must be
undertaken with the supervision of the project arborist so as to not damage
significant roots within the Structural Root Zone of Council owned tree
numbers 5 and 6.
c) Tree
protection measures in accordance with Section 8.3 and 8.4 of the arborist
report by Taylors dated 26 November 2021, to protect Council owned tree
numbers 1, 2, 5, 6, 7 and 8.
d) A
landscape plan in accordance with Condition 3.
2. The
development as shown on the endorsed plans must not be altered unless with
the prior written consent of the Responsible Authority.
3. Before
the development commences, a landscape plan to the satisfaction of the
Responsible Authority must be submitted to and approved by the Responsible
Authority. When approved, the plan will be endorsed and will then form
part of this permit. The plan must show:
a) A
survey of all existing vegetation and natural features;
b) The
area or areas set aside for landscaping;
c) A
schedule of all proposed trees, shrubs/small trees and ground cover.
This schedule shall include a mixture of selected from the Council document
‘Live Local Plant Local’ showing the botanical and common name of
each plant, the quantity to be planted, the pot size and spacing;
d) The
location of each species to be planted and the location of all areas to be
covered by grass, lawn or other surface material;
e) Paving,
retaining walls, fence design details and other landscape works including
areas of cut and fill;
f) Appropriate
irrigation systems;
g) Appropriate
maintenance details; and
h) The
provision of four canopy trees to be planted throughout the development. The
trees must be substantial canopy species and selected from ‘Live
Local Plant Local – A guide to planting in Nillumbik’.
4. Unless
with the prior written consent of the Responsible Authority, before the
occupation of the development, the landscaping works shown on the endorsed
plans must be carried out, completed and maintained to the satisfaction of
the Responsible Authority.
5. No
trees on site (unless specified on the endorsed plans) shall be removed,
destroyed, felled, lopped, ringbarked, uprooted or otherwise damaged except
with the prior written consent of the Responsible Authority.
6. The
Council owned nature strip trees must not be damaged during construction and
must be protected in accordance with the tree protection measures shown on
the endorsed plans.
7. Prior
to development commencing (including any demolition, excavations, tree
removal, delivery of building/construction materials and/or temporary
buildings), the trees marked on the endorsed plans as being retained must
have a Tree Protection Fence (TPF) to the satisfaction of the Responsible
Authority. The fencing associated with this TPZs must meet the following
requirements:
a) Extent
The tree protection fencing (TPF) is to be provided
to the extent of the TPZ, calculated as being a radius of 12 x Diameter at
Breast Height (DBH – measured at 1.4 metres above ground level as
defined by the Australian Standard AS 4970.2009)
Fencing may be reduced directly adjacent to the
works area only to allow access during construction (i.e. no more than 1
metre away from the works/ construction area)
b) Fencing
All tree protection fencing required by this permit
must be erected in accordance with the approved TPZ.
The TPF must be erected to form a visual and
physical barrier and must be a minimum height of 1.5 metres and of chain mesh
or similar fence.
c) Signage
Fixed signs are to be provided on all visible sides
of the TPF clearly stating “Tree Protection Zone – No
Entry”, to the satisfaction of the Responsible Authority.
d) Provision
of Services
Unless with the prior written consent of the
Responsible Authority, all services (including water, electricity, gas and
telephone) must be installed underground, and located outside of any TPZ, to
the satisfaction of the Responsible Authority.
e) Access
to TPZ
Should temporary access be necessary within the Tree
Protection Zone during the period of construction, the Responsible Authority
must be informed prior to relocating the fence (as it may be necessary to
undertake additional root protection measures such as bridging over with
timber).
8. Prior
to the commencement of the approved works (including any demolition,
excavations, tree removal, delivery of building/construction materials and/or
temporary buildings), the erected tree protection fences must be inspected
and approved by the Responsible Authority. Once erected to the required
standard, the tree protection fencing shall be maintained in good condition
and may only be removed upon completion of all development works, to the
satisfaction of the Responsible Authority.
9. The
following actions must not be undertaken in any tree protection zone as
identified in this permit, to the satisfaction of the Responsible Authority:
a) Materials
or equipment stored within the zone;
b) Servicing
and refuelling of equipment and vehicles;
c) Storage
of fuel, oil dumps or chemicals;
d) Attachment
of any device to any tree (including temporary service wires, nails, screws
or any other fixing device);
e) Open
cut trenching or excavation works (whether or not for laying of services);
f) Changes
to the soil grade level;
g) Temporary
buildings and works; and
h) Unauthorised
entry by any person, vehicle or machinery.
10. The materials
to be used in the construction of the buildings and works hereby permitted
shall be of non-reflective type and finished in muted tones, to the
satisfaction of the Responsible Authority.
11. Air-conditioning
and other plant and equipment installed on the subject buildings shall be so
positioned and baffled so that noise disturbance is minimised, to the
satisfaction of the Responsible Authority.
12. Stormwater must
not be discharged from the subject land other than by means of an underground
pipe drain to the nominated point of stormwater discharge.
13. No polluted stormwater, effluent and/or sediment laden runoff from
the development site is to be discharged directly or indirectly into
Council’s drains, Melbourne Water’s drains or watercourses or
adjoining private property during any stage of the construction.
Sediment fencing and/or pollution/litter traps must be installed on site and
serviced accordingly to the satisfaction of the Responsible Authority.
14. The vehicular driveway must be properly formed and constructed
meeting the ramp grades specified in the Nillumbik Planning Scheme and to
such levels to ensure that it can be utilised at all times. Appropriate
transitions with a maximum change in grade of 1 in 8 should be provided to
enable access by all types of vehicles. The driveway must be drained,
constructed in concrete, asphalt or similar surface and maintained in a
continuously useable condition. All works are to be carried out to the
satisfaction of the Responsible Authority.
Stormwater from the driveway must be collected
using 225mm wide trench-grates across the driveway at property boundary where
it meets road reserve and connected to the on-site detention
device/legal point of stormwater discharge.
A minimum pipe diameter of 225mm must
be used for all underground drains, within the internal drainage system
underneath the driveway.
15. Stormwater
from the roof of existing and new dwelling must be directed, via the internal
drainage system, to an underground detention storage system with must be
directed to the on-site detention system. The overflow from the on-site
detention system must be directed to the nominated point of discharge.
Each dwelling must be provided with an independent
underground drainage discharge system. Both systems are to be connected to
the nominated point of stormwater discharge.
The detention storage shall be
provided underground and the stormwater drainage system from the existing
dwelling must be located outside of the footprint of the proposed dwelling.
Water in the holding tanks may be
used for one or more of the following purposes: toilet flushing; property
irrigation; vehicle washing and any other purpose approved by the Responsible
Authority.
16. The
on-site detention device must be designed by a qualified engineer and plans
submitted must be to the Responsible Authority for approval, prior to the
commencement of the development (except with the prior written consent of the
Responsible Authority).
The engineer that is designing
the on-site detention device must obtain tc and tso figures from
Council. The permissible site discharge must be restricted to a pre
development flow rate for a 20% Average Exceedance Probability (AEP) and
detained for a 10% (AEP) event.
17. An
on-site detention device must be constructed, at no cost to Council, in
accordance with the endorsed plans and connected to the Council nominated
point of stormwater discharge.
18. Construction
of the on-site detention device must be carried out under Council
supervision, in accordance with the approved plans and specifications and
under an Infrastructure Works Permit.
19. This permit
will expire if one of the following circumstances applies:
a) The
development is not commenced within 2 years of the date of this permit.
b) The
development is not completed within 4 years of the date of this permit.
The Responsible Authority may extend the periods referred
to if a request is made in writing before the permit expires, or within 6
months afterwards if the development has not commenced, or 12 months after if
the development has commenced but is not yet completed.
|
