|
NEWS
|
Barnes Planning 2008
The year 2008 has commenced with significant activity. Projects have been undertaken for a wide range of clients, including:
Westpac Banking Corporation, Le Pine Funeral Services, Napier & Blakely and APCO Petroleum.
Queen's
Commonwealth Games Baton Relay In the afternoon
of 14 March 2006 the Queen's Baton Relay passed our office and we were able
to take some photographs of this special event. Please click
here to see the photos. Significant
VCAT Decision Barnes
Planning represented the applicant in this recent matter through the submission
of the initial planning application to the City of Boroondara and then through
the provision of expert evidence at the Tribunal. Barnes Planning achieved
a planning permit for this development and the Tribunal published its decision
as a 'Red Dot' decision. The
Tribunal was very complimentary of the proposal and made some significant
remarks regarding the design integrity of the proposal, its building articulation
and driveway layout. The Tribunal's support for the proposal was especially
pertinent given that Council was opposed to the application and initially
refused it without advertising. "The
applicant in Desire Australia Pty Ltd v Boroondara City Council [2005] VCAT
2210 proposed three dual occupancies on three adjoining lots. Each lot was
proposed to be developed with two double storey dwellings - one at the front
and one to the rear of the lot. Each dwelling was to be provided with a double
garage accessed from a common driveway extending along a side boundary of
the lot. The Tribunal
found the design of the dwellings to be well resolved, and was complimentary
about the building form, use of materials and building articulation. The side
driveways (which had abutting landscaping along the fence line) were seen
as essentially similar to the existing driveways. The driveways,
the Tribunal conceded, may be charged with being 'gun-barrel driveways'. The Tribunal
held, however, that sometimes a 'gun-barrel' style of driveways is appropriate. The Tribunal
said: In recent
decades the fashion for large box-like two-storey dwellings has resulted in
community concern about mass and character. Responses to this concern include
the encouragement of attic-style dwellings, or dwellings with first floors
inset from the floors below. Simple design ideas such as this have led to
improvements in the massing of two-storey dwellings within our neighbourhoods.
However, when such ideas degenerate into simplistic concepts such as sheer
two-storey walls are inappropriate or that the only appropriate solutions
are attics, or first floor entirely inset from the floors below, then the
ideas cease to be useful tools for the assessment of good design. The same
can be said for the accusation that a driveway is a gun barrel driveway. Long,
pooly landscaped and harshly paved driveways can be an unattractive, and are
pejoratively known as gun barrel driveways. On the other hand it is not universally
true that all straight driveways exhibit this character. In this
case: Our senior planner Kevin Mithen
was thrilled when the Sydney Swans made it into the AFL Grand Final. After all, he had the honor of
playing for South Melbourne himself along side the Great Bob Skilton. Kevin has continued kicking goals,
this time in the Planning Arena. Early 2004 appears to be going reasonably
well in terms of the level of development activity being proposed. The residential
sector probably took a dip over several months but now seems back on track,
whilst the commercial sector seems to have maintained momentum. A couple of noteworthy matters to
report at this stage are: The private planning certification process
adopted by some Councils.
As reported in Planning
News:
Response to neighbourhood character is of course an appropriate element in
decision making. One hopes that it this factor is tempered with a desire to
enhance as well as emulate the character."

1.
2.
The growing issue
of problems inhibiting the commencement of development within the time
limit of a permit.
1. Planning Certification
Barnes Planning has been involved in a number of these approvals, particularly for matters in the City of Glen Eira. This is a new planning process which relieves the Council of much of the responsibility for ensuring an application is consistent with Council policies and all of the relevant material is contained within the submission. An applicant can engage a private planning certifier to manage these responsibilities and by so doing, the time taken to process the application is reduced, significantly.
We can report that the signs are very encouraging. Not only is the processing time reduced but importantly, a far better rapport is established early in the process between the applicant, the applicants representatives, Council staff and residents. This enables better and more confident, agreed outcomes, thus saving time and expense to all parties.
From our firms experience as planning certifiers, we strongly believe that this process, whilst still in its infancy, should and will be eventually adopted by all Councils.
2. Permit Time Limits
Most planning permits specify, by condition, a time frame (usually 2 years) to commence the use and/or development and a time to complete the project (usually 2 years after that).
In the past, these times have been reasonable and presented little problem. However, right now Councils are generally exceedingly slow in processing planning approvals and this problem extends to the endorsement of approved plans and conditions of permits. Conditions on permits are becoming more complex and onerous, requiring considerable time to satisfy the documentation prior to the project commencement.
This combination of events is a recipe for a significant problem in that conditional requirements are not being approved and processed by Council within the life of the permit. An extension can be applied for, although Council may be reluctant to oblige if the matter was contentious and/or involved a VCAT hearing.
Our advice to applicants is that you should not waste time after getting your permit. You need to work quickly and efficiently to satisfy permit conditions and then commence construction within the 2 year time frame.
Philip Barnes
March 2004
We have recently reconstructed our website, providing more meaningful information and content for our clients. Town planning in Victoria at present is very robust and in this section of the website we will keep you up to date with the latest developments.
2003 has been a very busy and eventful year, seeing strong activity in the residential, commercial and public development sectors. Work in this office has been very brisk with significant new clients and projects including projects for Macquarie Asset Services Ltd and St. Vincent's Health in addition to many of our regular clients. Additionally, private planning certification of projects is a growing activity of Barnes Planning with a number of certification projects through the Glen Eira and Mornington Peninsula municipalities.
To all of our clients
and associates we express our compliments of the season and trust that you
have a very merry Christmas and a safe and prosperous New Year.
Philip Barnes
December 2003
