1. The residents were concerned that the future construction of two dwellings on the subject site would be out of keeping with the existing character of Sherman Drive which comprises allotments developed with single, detached dwellings (generally single storey, although the dwelling at 14 Sherman Drive includes a second storey addition). There was also a concern raised about the potential loss of trees on adjoining properties.
2. The planning scheme in both the state and local policy frameworks seeks an increase in housing to accommodate population growth and changing household needs. New housing needs to be respectful of neighbourhood character. Pursuant to Clause 22.02 (Residential Neighbourhood Character) of the planning scheme, the subject site is located in Neighbourhood Character Area 14 (Canterbury Gardens).
3. I have considered the proposed subdivision against the relevant provisions of the planning scheme which relate to neighbourhood character matters and find that the proposed subdivision is respectful of the existing and preferred neighbourhood character of the broader Canterbury Gardens Area, as well as the immediate neighbourhood of Sherman Drive. The reasons I have made this finding are for the following key reasons:
   • Vehicular access will be provided via only one crossover, which is positioned at the western end of the site in order to protect the two existing street trees.
   • The new dwellings will be restricted to single storey buildings to maintain the low-scale built form character of the area.
   • The positioning of the second dwelling at the rear of the site means that the single dwelling presentation to the street will be maintained.
   • The siting of the proposed building envelopes ensures that the local variations (relating to side and rear setbacks, and the amount of secluded private open space) contained in Schedule 1 to the General residential Zone are met.
   • The minimum setback of Dwelling 1 to the street will be 7.5 metres, which is consistent with the prevailing front setbacks in Sherman Drive.
   • There will be a 107m2 open space area in front of Dwelling 1 which will provide an opportunity for meaningful landscaping (including enough space for the planting of canopy trees), consistent with the landscape character of the area.
   • The proposed carparking structures are largely concealed and are well setback from the site frontage, so as to be visually recessive when viewed from the street.
   • Apart from the street trees, there is only one existing significant canopy tree located proximate to the site boundaries (located at 14 Sherman Drive), and this tree will not be adversely affected due to the positioning of the proposed Dwelling 1 building envelope 1.2 metres off the eastern side boundary.
4. The subject site features no vegetation and has no other environmental constraints which would prevent the land being subdivided into two lots. The subdivision meets the purpose of the General Residential Zone, "To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport."

1. The residents also raised issues regarding the parking and traffic impacts of the proposed two lot subdivision.
2. The Plan of Subdivision provides for a two-space carport for Dwelling 1 and a two-space garage for Dwelling 2. This accords with the requirements of the planning scheme, such that no planning permission is required for the number of proposed on-site resident car spaces.
3. The proposed layout and dimensions of the garage, carport, and accessway (shown as Common Property No. 1 on the Plan of Subdivision) also comply with the requirements of the planning scheme, such that Council now supports the proposal. The proposal will allow for all vehicles to exit the subject site in a forwards direction ensuring that pedestrian safety is maintained.
4. I am satisfied that the additional vehicular traffic generated by the two new dwellings can be readily accommodated by Sherman Drive and the surrounding road network.
5. Additionally, I am satisfied with the response provided by Mr Townsend during the course of the hearing regarding the concerns relating to easement access raised by Mr Wilson.
6. I note that the issues of side boundary fencing; the impacts on existing planting which is not deemed to be of value pursuant to the Significant Landscape Overlay; and any potential effect on property values are not relevant matters for consideration under the planning scheme.
7. In summary, I find that the planning scheme supports the subdivision of the land into two lots as shown in the Version 13 Plan of Subdivision and that all of the requirements of Clause 56 of the planning scheme have been met.

1. The draft planning permit conditions were discussed at the hearing, and the conditions contained on the permit reflect these discussions.

1. For the reasons explained above, the decision of the Responsible Authority is set aside. A permit is issued subject to conditions.

1. Before the plan of subdivision is certified, 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 the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted to the Responsible Authority on 13 March 2013 (Version 13), but modified to show:
   • (a) The plan is able to be scaled, that is, that all dimensions reflect the 1:200 scale.
   • (b) Vehicles to reverse out of car accommodation associated with Dwellings on Lots 1 and 2 wholly within common property and exit the site in forward motion.

1. The subdivision as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

Section 173 Agreement - subdivision

1. Before the Statement of Compliance is issued under the Subdivision Act 1988, the land owner must enter into an agreement pursuant to Section 173 of the Planning and Environment Act 1987 with the Responsible Authority to provide that:
   • (a) No buildings and/or works are to occur outside the building envelope as shown on the endorsed plans without the prior written consent of the Responsible Authority.
   • (b) The building envelope on each lot to contain one single storey dwelling only.

All costs (including legal costs) associated with the preparation and review of the agreement and the registration of the agreement on the Certificate of Title for the land must be paid by the owner

1. Before any works associated with the subdivision start, construction plans for all parking areas and access lanes must be submitted to and approved by the Responsible Authority. The construction plans must be consistent with the endorsed site layout, development plans and landscaping plans.

1. Before the Statement of Compliance is issued, the area(s) set aside for the parking of vehicles and access lanes as shown on the approved plan must be:
   • (a) Surfaced with an durable all-weather seal;
   • (b) Drained to the nominated legal point of discharge;

all to the satisfaction of the Responsible Authority.

1. Before the Statement of Compliance is issued, the owner must at its cost construct a single concrete vehicular crossing at right angles to the road to suit the proposed driveway to the satisfaction of the Responsible Authority. The vehicle crossing must be a minimum 1.0 m offset from any existing tree or utility service assets.

1. Before any works associated with the subdivision start, drainage plans including calculations prepared by a suitably qualified person to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The Drainage Plans must:
   • (a) Show all drainage works associated with the development including any drainage works required beyond the boundaries of the land;
   • (b) Show the nominated legal point of discharge;
   • (c) Convey stormwater runoff by means of underground drains to the nominated legal point of discharge;
   • (d) Prevent overland flows from having a detrimental effect on the environment or adjoining properties;
   • (e) Limit the permissible Site Discharge (PSD) to the equivalent of a 35% impervious site coverage, or the pre-developed discharge rate, if it is less than 35% impervious site coverage, to the satisfaction of the Responsible Authority;
   • (f) Provide appropriate stormwater detention storage to limit the maximum discharge rate to the PSD.

1. Before the Statement of Compliance is issued, the drainage and associated works shown on the Drainage Plans must be constructed in accordance with those plans to the satisfaction of the Responsible Authority. Within 14 Days of the completion of the works, certification by a suitably qualified engineer must be submitted to the Responsible Authority certifying that works have been completed in accordance with the Drainage Plans.

1. During the works associated with the subdivision, methods to control sediment laden runoff as described under 'Best Practice Environmental Management Guidelines for Urban Stormwater' or similar must be implemented and used to minimise sediment laden runoff and stormwater pollution from leaving the land to the satisfaction of the Responsible Authority.

Subdivisions exempt from S55 Referral: Mandatory Conditions (CI.66.O1-1)

1. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with that authority's requirements and relevant legislation at the time.

All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour to the relevant authority for with the easement or site is to be created.

The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

1. The owner of the land must enter into an agreement with:
   • (a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider's requirements and relevant legislation at the time; and
   • (b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Telecommunications - Statement of Compliance

1. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:
   • (a) A telecommunications network or service provider that allots are connected to or are ready for connection to telecommunications services in accordance with the provider's requirements and relevant legislation at the time; and
   • (b) A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

1. This permit will expire if one of the following circumstances applies:
   • (a) The subdivision plan is not certified within two years of the date of issues of this permit; or
   • (b) The registration of the subdivision is not completed within five 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 six months afterwards if the development has not yet started, or within 12 months afterwards if the development has lawfully started before the permit expires.

[1] I have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.