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.

As reported in Planning News:

"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:

 

  • the dwellings are highly articulated and include two storey walls; and

 

  • the proposed driveways are site and locality responsive design solutions.
 
  • There will be occasions when 'sheer two-storey walls' or 'gun barrel driveways' will be inappropriate, but it won't be because they are two-storey walls, or gun barrel driveways, it will be because the underlying design defects which are the basis upon which these jargon terms were developed exist.

 

 

 

 

 


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."


 

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:

1.

The private planning certification process adopted by some Councils.

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 applicant’s representatives, Council staff and residents. This enables better and more confident, agreed outcomes, thus saving time and expense to all parties.

From our firm’s 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