Increase the proportion of housing in designated locations in established urban areas (including under-utilised urban land) and reduce the share of new dwellings in greenfield, fringe and dispersed development areas.

Encourage higher density housing development on sites that are well located in relation to jobs, services and public transport.

Identify opportunities for increased residential densities to help consolidate urban areas.

Facilitate diverse housing that offers choice and meets changing household needs by widening housing diversity through a mix of housing types.

1. The applicant made some submissions to indicate the review site is at the edge or fringe of the residential area of Ararat and therefore not well located to services where housing is encouraged.
2. The land is not at the edge of the GRZ1 area of Ararat. It has a large lot to its rear, but this is also in GRZ1. Other nearby residential lots in Tatyoon Road are in GRZ1. The site has relatively good access to services for a regional town, being about a 20 minutes' walk to the town centre and education facilities. It is close to a bus stop that forms part of a (limited) bus service, and is diagonally opposite a recreation reserve.
3. As part of the existing urban area, the site has a role in assisting urban consolidation and making efficient use of urban land. Considering whether the proposal has an acceptable response to the character of the area must be balanced against the benefits the proposal can provide in achieving these planning scheme goals of urban consolidation and housing diversity.
4. I address the particular issues raised by the applicant about the character response below.

1. The applicant submits the proposed use of two crossovers close to each other, and close to the crossover to 26 Tatyoon Road to the south-east is a poor neighbourhood character outcome. They submit it will lead to excessive hardstand in the front area and will be unacceptably prominent in the public view.
2. While three crossovers close to each other is not ideal, I do not find the change from the current two crossovers close to each other, to three, to be a matter that will create significant adverse impact on the character of the area.
3. There remains room in the front setback of dwelling 1 for landscaping and I am satisfied the new crossover is sufficiently far from the street tree to ensure this street tree remains viable. I acknowledge the applicant's concerns that there is no arborist report to verify that this tree will remain viable, but I also note Mr Glossop's planning evidence that the new drive appears to be sufficiently away from the tree to meet usual tests of avoiding more than 10 percent encroachment of what would form a tree protection zone for this street tree.
4. As evident in figure 2 below, the area has limited vegetation, but there are some canopy trees including a number on the review site.
5. Clause 55.03-8 includes objectives:
   • To encourage development that respects the landscape character of the neighbourhood.
   • To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.
   • To provide appropriate landscaping.
   • To encourage the retention of mature vegetation on the site

Figure 2 - Image of site from Nearmap. Image date 15 November 2024. Blue marker is the review site.

1. I am concerned that the landscape plan forming part of the proposal lacks any canopy tree planting in the front setback to supplement the street tree and to replace mature vegetation on the site that will be lost. In a streetscape context, this includes the loss of small canopy trees along the north-west side boundary of the land that are visible from the street and form part of the character of the area.
2. At least one new canopy tree should be planted in the front setback of dwelling 1 to supplement the loss of existing trees. Considering the decision guidelines of clause 55.03-8, such planting should be drought tolerant, taking into account the local environs.
3. The applicant also questions if the crossover and drive for dwellings 2 and 3 will be achievable due to an existing power pole near the eastern corner of the site. This pole sits just to the south-east side of the existing crossover to the land.
4. The council and respondent acknowledged that the drive may require a small adjustment to ensure clearance from the pole. From my inspection I concur with submissions of the council and the respondent that there is sufficient space for the drive and crossover to accommodate clearance to the pole, similar to that currently provided.
5. The driveway shown on the application plans is 3.5 metres wide and no landscaping to the south-eastern side boundary. The planning scheme requires this drive to be at least 3 metres wide. There is some capacity for a 0.5 metre landscape space to be introduced along this boundary, provided it does not impede turning circles into the garages of dwellings 2 and 3. The addition of a landscape space can soften the appearance of the drive. Similarly there is a 1.8 metre wide space between the two drives proposed on the land. This is nominated as grass on the landscape plan and could be better planted as native grasses or shrubs to soften and landscape the front setback consistent with the existing character of the area.
6. I asked the respondent at the hearing why there was so limited planting in the proposal. I was advised that the predominant use of lawn was to minimise maintenance for the properties. Given lawn requires consistent mowing and watering I am unclear how lawn, over general planting requires less maintenance.
7. While landscaping in the area is modest, it does comprise low maintenance shrubs and planting that contributes to the existing character of the area. The proposal needs to respond to this landscape character. To ensure any impact from the additional crossover is minimised, planting in the form of shrubs, rather than just lawn should be included. This can be addressed by permit condition.
8. With relevant amendments to plans to require some further trees and shrubs, in place of proposed lawn, I am satisfied the streetscape presentation is acceptable.

1. The applicant submits the design response is also poor in context of what they say is an open backyard character of the area. They submit the loss of the mature trees on land is both unfortunate and unnecessary and that a more contextual responsive design, retaining landscaping could 'preserve the backyard character'.[4]
2. Nothing in the scheme requires preservation of backyard character. Clause 55 requires respect of existing character in general. The material provided at the hearing, including aerial photographs and street photos aligned with my inspection that the area, that there is a mix of planting and buildings in rear yards. Many of the properties south-west of Tatyoon Road include sheds close to their rear boundaries. This includes that there is a shed at the 'south' corner of the land, adjacent to the side boundary of 26 Tatyoon Road.
3. The imposition of single storey dwellings into this backyard context I find to be acceptable. I am not concerned that this includes a 1.2 metre setback to the rear boundary as the proposal also includes areas of open space that provide for some landscape opportunities across the site. The scheme anticipates some change in the GRZ1 context. On balance of achieving housing diversity outcomes, some built form into the rear of the land needs to be accepted.
4. Clause 55.03-8 includes an objective to encourage the retention of mature vegetation. The applicant submits that no assessment appears to have been conducted to assess whether the on-site trees could be retained as part of the design response. There are no overlays impacting the site that identify any trees on the land are significant. The mature vegetation on the land provides some character for the area, but I am satisfied that new planting could be put in place to compensate for its loss. I will therefore direct that the landscape space to the rear of the common drive, and the secluded open space areas of dwellings 2 and 3 include a canopy tree, rather than just being grass.
5. Provided some new canopy planting to the secluded private open space areas, and to the rear of the common drive is provided, I am satisfied the landscape objectives of clause 55.03-8 can be achieved.

DOES THE PROPOSED DESIGN LEAD TO ANY UNREASONABLE AMENITY IMPACTS TO THE SURROUNDING AREA?

1. Clause 55 includes an objective 'to encourage residential development that provides reasonable standards of amenity for existing and new residents'.
2. The proposal is for three single storey dwellings. The shadow and general amenity impacts arising from this are minimal due to the development's low profile and height. The existing side boundary fences are marked on the plans as being 1.8 metres high, but it was agreed between parties that in part they are currently not. To ensure that the overlooking standard of clause 55.04-6 is met, the plans need to be notated that where necessary the fence height will be increased to 1.8 metres. This is partly notated on the plans but not fully. This can be addressed by permit condition.
3. The existing notice of decision also includes a condition that any fencing that requires replacement is to be at the cost of the permit holder. This condition was not contested by the respondent.
4. The applicant's statement of grounds questioned if the site coverage and permeability were acceptable. Both relevant standards are met, and I am satisfied that the proposal, with space retained for landscaping, can meet the permeability objective. The site coverage objective is deemed to comply with the standard met.
5. The applicant also questioned if the proposal provides appropriate passive surveillance to the entries of dwellings 2 and 3. The respondent acknowledged that this issue could be improved with the use of a small glass side window or glazing in the entry doors of these two dwellings.
6. I agree that to meet the standard and objective of clause 55.03-7 of the scheme, the entrance of dwellings 2 and 3 should be amended so that they are not isolated and provide for the safety and security of residents. This can be addressed by a condition to include glazing and therefore greater casual surveillance of the communal entry area from inside the two dwellings. The glazing should be clear or semi-transparent.
7. The applicant submits the secluded private open space of dwelling 2 is in shadow for most of the morning, although they acknowledge that the relevant standard at clause 55.05-5 for solar access to open space is met. My review of the plans is also that the solar access to the private open space areas is acceptable.
8. There are no proposed walls on boundary and no unreasonable impact on adjacent north facing windows. Each of the dwellings includes open space to the north-west side, providing reasonable solar access. While this includes that dwelling 1 has a fence to its secluded private open space that sits a little forward of its front setback, this is still to the side of this dwelling and there remains space in the front setback for planting. I therefore find this fence presentation acceptable.
9. Finally I note that the applicant questioned why dwellings 2 and 3 do not include eaves to their north and west. I agree that these dwellings would benefit from such additions, but I do not find the failure to provide eaves fatal. I would encourage the applicant to include eaves for weather protection. This is noting that, provided eaves are less than 600 millimetres wide, they do not impact on the garden area calculation.[5]

1. The applicant commented that the application plans, relied on by the council when it made its decision, did not meet the garden area requirement. The plans on which I make my decision are those substituted at the start of the hearing. These amended plans result from orders of the Tribunal for plans to be lodged to meet the garden area requirement.[6] It is acknowledged by the applicant that these substituted plans do meet the garden area requirement.

1. For the reasons given above, the decision of the responsible authority is varied. A permit is granted subject to conditions. These conditions reflect the conditions set out in the notice of decision to grant a permit but amended to address the amended application plans (as provided by the council at the hearing) and matters set out in reasons above.

Compliance with documents approved under this permit

1. At all times what the permit allows must be carried out in accordance with the requirements of any document approved under this permit to the satisfaction of the Responsible Authority.

1. Before the development starts, plans must be approved and endorsed by the Responsible Authority. The plans must:

(a) be prepared to the satisfaction of the Responsible Authority

(b) be drawn to scale with dimensions

(c) submitted in electronic form

(d) be generally in accordance with the plans prepared by Hotondo Homes, dated December 2024, drawing no. 240401-5, sheets 1 to 11 (inclusive) and the external colours and materials plans prepared by Hotondo Homes, dated February 2025, drawing no. 528U1ECM, sheets 1-3, including retention of a minimum 35 percent garden area, but modified to:

1. Show the existing power pole on the plans relative to the proposed driveway/vehicle access;
2. Show the location of the letterbox and site services/ meter boxes for Unit 1;
3. Nominate finished floor levels to be 0.2m above natural ground level (NGL) on the Floor Plans, as indicated on the Typical Overlooking Detail;
4. Confirm NGL, floor to ceiling height, wall height (to NGL) and overall height (to NGL) on the Elevation Plans;
5. Update the external colours and materials plans to nominate the external material, colour and finish of the area shown stippled under the front windows of Unit 1;
6. Include either a window to the side of the entry door, or glazing within the entry door, to each of dwellings 2 and 3;
7. Show boundary fences noted as either existing, or to be reconstructed to be at least 1.8 metres high; and
8. Show matters referred to in the landscape plan required in condition 4. This includes:

(2) Planting space along the south-eastern, side boundary, where not required for vehicle turning circle, at a width of at least 0.5 metres.

1. The layout of the development must not be altered from the layout on the approved and endorsed plans without the written consent of the Responsible Authority.

1. Before the development starts, a Landscape Plan must be submitted to and approved by the Responsible Authority. The Landscape Plan must:

(a) be prepared to the satisfaction of the Responsible Authority

(b) be prepared by a suitably qualified person

(c) have plans drawn to scale with dimensions

(d) be submitted to the Responsible Authority in electronic form

(e) be generally in accordance with the Landscape Plan, prepared by Hotondo Homes, dated March 2025, drawing no. 528LPV2, sheet 1 but modified to:

1. Provide at least one canopy in the front setback of dwelling 1, one in the landscape area to the rear of the common drive, at the south-east corner of the land, and at least one in each of the secluded private open space areas of dwellings 2 and 3.
2. Reduce the 3.5 metre wide common driveway to form a 3.0 metre wide drive and provide a landscape strip of at least 0.5m wide to the south-east side boundary, except where pavement is required for turning circles to the garages of dwellings 2 and 3.
3. Replace lawn, as shown between the driveways of dwelling 1 and that for dwellings 2 and 3, with low level shrubs or native grasses.
4. Include a range of drought tolerant species.

1. Before the development is occupied, or by such later date as agreed by the Responsible Authority, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.

1. Before the dwellings are occupied, the nature strip fronting the subject land must be fully constructed, at no cost to the Responsible Authority, in accordance with levels and specifications submitted to and approved by the Responsible Authority, to the satisfaction of Responsible Authority. The works must include:

(a) The reshaping of the naturestrip;

(b) Topdressing the area with a 75 millimetre rolled depth of good quality loamy topsoil free of any weed or seed; and

(c) Seeding the area with an appropriate seed mix.

1. At all times, the landscaping shown on the approved Landscape Plan must be maintained (including replacing any dead, diseased or damaged plants) to the satisfaction of the Responsible Authority.

1. Vehicle access to the proposed development must be constructed in accordance with plans, designs and specifications in accordance with Infrastructure Design Manual standard or alternative, approved by the Responsible Authority. All works must be completed to the satisfaction of the Responsible Authority before the dwellings are occupied.

Drainage Discharge Plan & Onsite Drainage Detention (Assets)

1. A properly prepared drainage discharge plan with computations must be submitted to and approved by the Responsible Authority. The information submitted must show the details listed in the council's Infrastructure Design Manual and be designed in accordance with the requirements of that manual. The information and plan must include:

(a) Details of how the works on the land are to be drained and/or retarded;

(b) Computations and specification submitted to and approved by the Responsible Authority;

(c) All underground pipe drains conveying stormwater to the legal point of discharge; and

(d) A maximum discharge rate from the site is to be determined by computation to the satisfaction of Responsible Authority.

1. All underground or surface works that are considered necessary by the Responsible Authority must be constructed in accordance with plans, computations and specifications submitted to and approved by the Responsible Authority.
2. All drainage works must be designed and installed to transport stormwater run-off from the subject land and surrounding land or adjoining road(s) to an approved point of discharge
3. Stormwater must not drain or discharge from the land to adjoining properties without the prior approval of the Responsible Authority. All works must be completed to the satisfaction of the Responsible Authority prior to issue a statement of compliance
4. Before the dwellings are occupied, a minimum 2000 litre reuse stormwater tank must be installed for each dwelling.
5. All storm water and surface water discharging from the site and buildings and works must be conveyed to the legal point of discharge.

1. Before the dwellings are occupied, the areas set aside for the common property access lanes as shown on the plans must be constructed as all-weather to the satisfaction of Responsible Authority.
2. Vehicle entry to and egress from dwellings 2 and 3 must be in a forward direction.

1. Any new dwelling allowed by this permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This condition continues to have force and effect after the development authorised by this permit has been completed.

1. Unless otherwise agreed in writing by the Responsible Authority, the development permitted by this permit must not be occupied until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering, replacement of street trees).
2. Any boundary fencing being replaced must meet the minimum height requirements and must be constructed at no cost to the Responsible Authority or any adjoining property owner/occupier.

1. This permit will operate from the issued date of this permit.

1. This permit will expire if one of the following circumstances applies:

(a) The development is not started within two (2) years of the date of this permit.

(b) The development is not completed within four (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 as specified under Section 69 of the Planning and Environment Act 1987.

[1] The site is more correctly described as being on the south-west side of Tatyoon Road. For the ease of description I have adopted the use of west as the frontage and south and north as the side boundaries.

[2] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[3] As accessed from https://planning-schemes.app.planning.vic.gov.au/Ararat/histories.

[5] Based on the definition of 'garden area' set out in clause 73.01 of the scheme and relevant guidance in Planning Practice Note 84 - Applying the minimum garden area requirement, December 2023.

[6] Orders arising from a practice day hearing on 29 November 2024.