1. The layout of the use on the endorsed plans must not be altered without the written consent of the Responsible Authority.
2. The maximum number of tenants of the permitted boarding house, at any one time, shall be nine.
3. No bins or other receptacles for any form of rubbish shall be placed or allowed to remain in view of the public (with the exception of collection days) and no odour shall be allowed to emit from any receptacles so as to cause offence to persons outside the premises.
4. The use of the land must not adversely affect the amenity of the area to the satisfaction of the Responsible Authority.
5. A copy of the permit shall be displayed at all times in a prominent location within the premises to the satisfaction of the Responsible Authority.
6. This permit will expire if one of the following circumstances applies:
   • 8.1 The use is not started within one year of the date of this permit.

The Responsible Authority may extend this period if a request is made in writing before the permit expires or within three months afterwards.

Mr Doug Wintle, Enforcement Officer, Knox City Council

Mr L Pilkington in person and on behalf of S Carr, P Wright, T Wright, P Murdoch, T Steenhuis, K Morgan, A Keating, J Keating

1. Mr Basil De Jong under the auspices of several different company names including Drewgood Pty Ltd,[1] the applicant in this matter, owns and operates several boarding houses in the Knox locality[2]. These boarding houses are ordinary residential dwellings, in ordinary streets that accommodate persons who are only able to afford rental of a room.
2. At present Mr De Jong and his wife live at 24 Craig Avenue, Ferntree Gully. They seek to use this residential dwelling also as a boarding house to accommodate nine residents. The dwelling at present consists of seven bedrooms. It is proposed to increase that number to nine. The dwelling will also contain a common kitchen/ meals area, laundry, living room and entry with four on-site car spaces.
3. Residents in the boarding house enter into individual agreements with the applicant which allow for exclusive occupancy of bedrooms and shared access to all other areas.
4. Under the Knox Planning Scheme the land is located within the Residential 3 zone. It is also affected by Design and Development Overlay Schedule 1 (DDO1), Significant Landscape Overlay Schedule 2 (SLO2) and Vegetation Protection Overlay Schedule 3 (VPO3).
5. Shared housing is a particular provision in the Knox Planning Scheme under clause 52.23. This provision provides that a permit is not required to use a building to house a person, people and any dependants or 2 or more people (including people with intellectual disabilities) if the building meets the following requirements:
   • - is in an area of zone which is used mainly for housing
   • - provides self contained accommodation
   • - does not have more than 10 habitable rooms.
6. Only two of the three criteria under clause 52.23 is met. The land is located within an area used mainly for housing. One of the purposes of the Residential 3 zone is to provide for residential development with a range of densities with a variety of dwellings to meet the housing needs of all households. The dwelling as a whole is to provide self contained accommodation in the form of nine bedrooms to be individually occupied by a tenant[3]. In accordance with the definition of 'habitable room' in the planning scheme, more than ten (eleven) habitable rooms[4] are to be provided.
7. Under the provisions of the Residential 3 zone a permit is required for accommodation. A boarding house is included in the planning scheme as a residential building, a residential building is included in accommodation. A permit is required for accommodation (other than a dwelling) in the residential zone. As this particular shared housing is to have more than 10 habitable rooms a permit is required under the zone provisions for the use of the building as a boarding house.
8. As a permit is required under the zone provision there is also a requirement for a permit to construct or carry out works for such a use under the zone as well as the DDO1. Such works in this instance are confined to the replacement of a window in the bathroom as a highlight window. Any proposed internal alterations are exempt.
9. Under the provisions for car parking in the planning scheme at clause 52.06-5, one car space is required to be provided for each lodging room. As only four car spaces are to be provided, instead of the required nine, a permit is required for a reduction in the number of car spaces.
10. As a result of the Responsible Authority's refusal of the application the following issues are now required to be determined. They are:

1. Is this a good location for such a use? 2. Does it provide for an affordable housing option that serves the needs of the local community?

1. Will this boarding house have a detrimental effect on the community?

1. Is the design appropriate for such a use? 2. Should the required number of car spaces be reduced? and 3. Should the section 173 agreement that attaches to the land be removed?

1. The subject dwelling is located at the western end of Craig Avenue, a 'no through road'. Craig Avenue is in close proximity to Burwood Highway and is accessed from Burwood Highway via Station Street and either Elizabeth Street, which provides the most direct access to the subject site or Leitch Street to the north. Station Street, as its name suggests, provides access to the Ferntree Gully railway station approximately 800m from the subject site.
2. A bus runs along Station Street, as well, several buses run along Burwood Highway and Selman Avenue within 200 to 400m of the subject site providing access to Oakleigh and Upper Ferntree Gully railway stations and the wider area.
3. Shopping facilities including two supermarkets are located within 300 to 400m of the site on Burwood Highway. The nearest being the Aldi supermarket on the northern side of Burwood Highway. Several other shops including takeaway food shops are also located in this section. The Safeway supermarket is located on the southern side of Burwood Highway a little further to the east. A shopping centre including another supermarket and a variety of shops is located close to the railway station. A recreation reserve, community health centre and Library are also located within 800m of the site.
4. The subject site has a frontage of 15m to Craig Avenue and an overall site area of approximately 1003m². Vehicle access is via Craig Avenue. The surrounding land rises steeply towards the western end of Craig Avenue. Due to the steep topography the dwelling on the subject site is split level.
5. The dwelling is setback approximately 11m from Craig Avenue and has an orientation to Milton Street to the east, although there is supposedly no direct access from this street. Milton Street is also a 'no through road'. Apart from a retaining wall of approximately 0.5m along the Milton Street frontage there is no fence in this location that would prevent direct pedestrian access to Milton Street. The orientation to Milton Street is also accentuated due to the rise in the topography in Milton Street to the subject site.
6. In the immediate area of the subject site are residential dwellings. On the corner of Milton and Station Streets to the east of the site is some public housing in the form of single dwellings and a two storey apartment building. In close proximity to the subject site, although located in Milton Street are numbers 8 and 10, both dwellings on these sites are used by Mr De Jong as boarding houses. Another dwelling owned by Mr De Jong is located at 54 The Avenue. Although this site is approximately 400m from the subject site The Avenue runs parallel to Craig Avenue but cannot be accessed from Craig Avenue.
7. Several policies within the planning scheme[5] encourage the provision of well-located affordable housing with recommendations that such housing would be appropriately provided in activity centres. This site is not in an activity centre. The Council's Manager Community Wellbeing when asked to assess the application considered that:

... there is no support services provided or available to the residents who are often financially and socially vulnerable and therefore cannot be looked at as even a form of transitional housing...

1. The Responsible Authority's view is that this is not an appropriate location for a boarding house as there is a lack of policy support which recommends such accommodation should be located in close proximity to an activity centre.
2. Ms George in her evidence on behalf of the Responsible Authority indicated that within the planning scheme there is a lack of guidance in relation to boarding houses. She referred to the 'City of Sydney Development Control Plans for Boarding Houses' which recommends boarding houses be located within medium density residential precincts or mixed use areas; within acceptable walking distance of public transport nodes, in employment areas or where there is easy access to employment, adjoining parks or open space corridors or within easy walking distance of parks, within an area where there is an established town centre or activity base, with easy access to facilities and services, recreation and entertainment opportunities.
3. A general description of the expected residents of the boarding house indicate they may not have a vehicle, are unlikely to be employed and are likely to have health issues. It could be said this is a description of a reasonable proportion of the population. It is certainly acknowledged that persons on low incomes likely to be seeking this type of accommodation may not have a vehicle and therefore rely on walking or public transport to access facilities.
4. Whilst this site is not located in close proximity to a major activity centre it is a pleasant residential neighbourhood that is within relatively easy walking distance to shops and facilities, as well as public transport and could be considered to be a well placed location for this type of accommodation. It may not suit all people who have specific needs, although it is in close proximity to public transport that would provide a link to wider facilities to meet such needs.
5. In terms of the neighbourhood character there will be nothing to distinguish the proposed boarding house from other dwellings in the area. It has an established garden which is well maintained and the overall presentation to Craig Avenue/Milton Street is one of an ordinary residential property. It is expected that the garden surrounding the dwelling will continue to be maintained. It is therefore not expected that in terms of built form there will be a change to the character of the neighbourhood.
6. But for one additional habitable room no permit would be required for the change of use from a dwelling to a boarding house. Given that consideration it is difficult to see why there is so much emphasis on whether this is a good location for such a use. Certainly the immediate area is an established residential area. Whilst it is approximately 800m from the Ferntree Gully railway station, it is close to a bus service and within easy walking distance of a supermarket and some community facilities.
7. The undulating and sometimes steep local terrain is not considered a bar to accessibility to nearby shops and other public facilities. It does not appear to be an issue for the residents in the area, who no doubt range in age from very young to the more elderly, as in any residential area. There is nothing to suggest that persons on low incomes have problems with steep terrain. Ms George's demographic profile of boarding house tenants likely to be single, aged 30 years or older, does not bear out her view that there will be a large number of elderly tenants who may have difficulty with the terrain.
8. The statements from residents of the existing boarding houses in Milton Street and The Avenue suggest the area is well located and in close proximity to various services and facilities.

Does it provide for an affordable housing option that serves the needs of the local community?

1. 'Affordable housing' is defined in Melbourne 2030 as:

Well-located housing, appropriate to the needs of a given household, where the cost (whether mortgage repayment or rent) is no more than 30% of that household's income. Exceeding the mark places one under 'housing stress', particularly in the lower 40% of the income distribution scale.

1. Consideration, where appropriate, is required to be given as to whether this type of proposal will contribute to a diversity of housing in Knox . Clause 22.10 of the Knox Planning Scheme contains a recognition that there is a need to ensure housing within the municipality continues to meet the changing community. It is forecast that the population of Knox will grow by 12,000 persons and 15,000 households over the next 25 years to 2030. An objective of the housing policy is to ensure the community has access to social housing owned and managed by public authorities and/or non-profit registered housing associations of different forms and tenures.
2. A distinction is made in the Eastern Regional Housing Statement between 'social housing' (provided by not-for profit agencies) and 'affordable housing' (provided by the private sector)[6]. Boarding houses are considered to contribute to the overall supply of affordable housing.
3. There is a recognised need for affordable housing and this proposal goes a small way to meeting that need. The 'City of Knox Affordable Housing Action Plan (Draft 2006 )' confirms there is currently a need for more affordable housing within the municipality. The Eastern Metropolitan Region, including Knox has the lowest level of public housing stock of any region in Victoria and as at 2003 there was 4,049 applicants on the waiting list.
4. Ms George was of the view that the only way to provide what she termed 'quality affordable rooming house accommodation' was by way of partnership projects between Councils and State government and managed by housing agencies. Ms Cooper on the other hand was of the view that whilst there was an emphasis within the policies in the Knox planning scheme in relation to 'social housing', as the Council could have an influence on social housing outcomes, this was not the only way to provide 'affordable housing' and the provision of private sector boarding house accommodation was certainly contemplated by Knox as a signatory to the Eastern Housing Statement.
5. The general profile of boarding house tenants is said to be[7]:
   • An overwhelming proportion of single person households (92 per cent);
   • The majority of residents are male (74 per cent);
   • A high proportion of residents have disabilities, particularly psychiatric illness, cognitive impairment. This reflects the higher incidences of mental disorders amongst homeless people genially;
   • A high proportion of residents suffer from issues associated with alcohol and substance abuse;
   • Low labour force participation rates (18 per cent unemployed and 54 per cent not in the labour force);
   • Very low incomes with the majority of residents receiving their income from government payments;
   • Over half receive Centrelink Rent Assistance; and
   • The usual address of the majority of residents is the same address as one year ago (51 per cent). Approximately 37 per cent were living elsewhere. Mobility is aligned with age, with older residents more likely to be residing in the same address.
6. In the proposed boarding house each room is to contain a bed (mattress, bed head), side table and lamp, built in wardrobe, heater, fridge, 5 draw cabinet (tall boy), television, fan as well as access to a washing machine and microwave for common use. No additional money is to be paid for gas and electricity.
7. It is understood the rental of a room will be $120 per week. In Ms George's view this could be 50% of a tenants income and well above the accepted 30% affordability benchmark. Evidence was that tenants would be likely to be dependent on the Newstart allowance plus rental assistance ($245).
8. It was Ms Cooper 's view that whilst the $120 was at least $5 more than the $115 that the Department of Human Services - Office of Housing calculates a single household can afford, given the provision of furniture and appliances the value would exceed $5. She referred to the cost of rental of a one bedroom flat in Outer Eastern Melbourne of $140 which was unlikely to be provided with furniture. It was Ms Cooper's view the rental charged was comparable to other boarding houses in Inner Melbourne and comparable to the $125 charged at a boarding house in Heathmont.
9. It has been concluded that:

(Rooming Houses) perform a role that cannot be duplicated in the mainstream rental market. Rooming houses provide essential lower cost and accessible accommodation in metropolitan Melbourne for many people who are excluded from other forms of rental accommodation.[8]

1. This boarding house will contribute in a small way to the acknowledged need for affordable housing within the Knox area.

Will this boarding house have a detrimental effect on the community?

1. Four dwellings[9] in close proximity to one another are currently used as boarding houses in this location. The Council, Knox Police as well as local residents, expressed the view that to allow another boarding house in the locality would be detrimental to the residents and the residential character of the neighbourhood.
2. It was also acknowledged that the residents fitted the profile referred to in the Inner Urban Rooming House Project and were more than likely to be persons that had just come out of gaol or drug rehabilitation and are in need of short term accommodation. The residents of the proposed boarding house, similar to the existing boarding houses, were likely to be referred from several community organisations such as the Salvation Army, Wesley Mission and Anchor Community Care and that these community organisations generally funded the residents first two weeks of accommodation.
3. Police evidence was that there had been an increase in crime in the Ferntree Gully area in the last 5 years which could in some cases be attributed to residents of the existing boarding houses. Sergeant Kent indicated he had given instructions to his officers to 'target patrol', that is actively patrol the area of Milton Street and The Avenue. It was his submission that he had not experienced this type of attendance in other areas he had policed.
4. Sergeant Kent also indicated there had been a number of complaints from residents of the existing boarding houses requesting them to vacate the premises. It is understood his officers would attend at the request of Mr De Jong to assist in requesting the residents to leave. This practice has ceased, since Sergeant Kent indicated it was not appropriate for his officers to evict tenants.
5. Senior Constable Stewart presented a list of offences reported or incidences where Police were involved that have been generated from 54 The Avenue and 10 Milton Street over the previous 5 years. It appeared that the majority of incidences occurred on site particularly at 54 The Avenue and related to issues between the residents themselves. This was also supported by the evidence of a former resident of 54 The Avenue.
6. It is acknowledge that on the evidence presented there is a greater than average risk of anti-social behaviour associated with boarding houses. This is attributed to a number of factors generally relating to the vulnerability of residents who could have health, drug or other issues being placed in close proximity to one another. These people may not have the skills to fully function in a communal living situation.
7. Mr Bondini and Mr Pilkington on behalf of a number of residents of the area referred to instances of an intruder in a house, arguments in the street, damage to and theft from motor vehicles, an increase in transient people in the area and alcohol cans tossed into gardens, and attributed these incidents to residents of the existing boarding houses.
8. Senior Constable Stewart presented crime mapping of incidents in and around the area. She stated crime was quite prolific and centralised in and around the Ferntree Gully railway station, the shopping strip, Burwood Highway and the shops in close proximity to the location of the boarding houses. It was not clear however that any or all of these crimes could be attributed to residents of the existing boarding houses.
9. I am unable to conclude that the matters referred to by the Police and the local residents are a result of the concentration of several boarding houses in the area. Rather, I consider the evidence is indicative of a general increase in crimes such as damage to and theft from motor vehicles in a number of residential areas and Ferntree Gully is not unusual in this regard. I also consider that the number of occasions the Police are called to any one of the existing boarding houses is indicative of what can occur in relation to communal living in any boarding house.
10. Whilst the Police equated calls to the boarding houses as a drain on their resources. I do not consider that this should be a factor that carries weight in determining such a use should be prevented from occurring in a particular location. I would consider this was all part of policing.
11. Its was said that Mr De Jong or his wife owned the property adjoining 24 Craig Avenue which extended through to The Avenue opposite 54 The Avenue, and persons living at 54 The Avenue used this cut through to visit persons in one of the Milton Street properties. The evidence that a resident of 54 The Avenue was able to cut through Mr De Jong's property to see a resident in one of the Milton Street properties does not lead me to the conclusion that there was a general stream of residents from one boarding house to another boarding house and that this was resulting in some sought of impact to other residents in either The Avenue, Craig Avenue or Milton Street. Whilst Ms Blewitt referred to being abused by a resident of 10 Milton Street who had incorrectly entered her property attempting to go through to 54 The Avenue after a change in fencing between her property and Mr De Jong's property, this incident seems to be a one off incident, which was no doubt unpleasant at the time, but has not been referred to as a frequent reoccurrence. I think this is a matter for Mr De Jong if he wishes to allow tenants of one boarding house he controls to have access through his property.
12. Ms George expressed the view that there was a dis-benefit to tenants as well as neighbouring residents where boarding houses are concentrated. A letter from Anchor lent support to this view. The view from Ms George appears to arise from a consideration of feedback she had received when conducting consultative meetings associated with public housing estates, where the view expressed was for a preference (held by tenants, neighbouring residents and service providers alike) to be located in a "a typical neighbourhood" and the negative social impacts of having a concentration of people on low incomes/public housing tenants in any one area.
13. I am unable to conclude there is any dis-benefit to the residents of the boarding houses. The dwellings in which the residents are boarding appear for all intent as being like any other dwelling in the neighbourhood. They do not take on the style and form of an institution which could lead to a social stigma of being accommodated in something other than what an ordinary person would be accommodated in. Apart from one example there does not appear to be any evidence of frequent interchanges between residents of the various existing boarding houses and even if there was, I do not consider this to necessarily be a dis-benefit.
14. I am unable to conclude on the evidence presented that as a result of the location of several boarding houses in the area there has been increased conflict with neighbours.
15. Ms Cooper indicated the average size boarding house studied by the Inner Rooming House Project contained 25 rooms. If the number of rooms being let in the dwellings owned by Mr De Jong including the current proposal were added up this would result in 22 rooms over separate buildings compared to one building of 25 rooms resulting in a likely mitigation against tension, conflict and possible anti-social behaviour.
16. I acknowledge that the residents of the area may have noticed a change over the last 5 years since the boarding houses have been in use in the form of an increased number of transient people in the area. I expect that in many ways this is no different to seeing an increased number of different people in an area that may have recently had an increase in medium density housing or apartments. Residents of boarding houses it was suggested do not necessarily stay for an extended period of time for various reasons, although some of the residents were known to have stayed for over a year.
17. The Responsible Authority sought to call into question Mr De Jong's management capabilities based mainly on his failure to obtain planning permits and the number of actions he had lodged in the Residential Tenancies Division of VCAT. It was the Council's view that Mr De Jong's use of the provisions of the Residential Tenancies List was an abuse of the system. His ignoring requirements for obtaining a planning permit and his flouting of the system by continuing to ignore requirements under the planning system provided sufficient evidence he was not a proper manager for a boarding house.
18. The Responsible Authority was particularly critical of Mr De Jong's practice of singling out a tenant to act on his behalf as a form of manager and his lack of employing any independent security. Evidence from two former residents suggested a person that had been placed in this role by Mr De Jong often caused more conflict between the residents, rather than assisting in preventing likely conflicts.
19. Reference was made to the hearings in the Tribunal arising from Mr De Jong failing to obtain planning permits to use 54 The Avenue and 10 Milton Street as boarding houses prior to the commencement of such use and failure to remove a garage and illegal construction of a room. It was also alleged the dwellings at 4 and 8 Milton Street being used as boarding houses were not registered under the Health Act.
20. It was evident Mr De Jong was familiar with the processes of the Residential Tenancies List and had used the Tribunal on a number of occasions seeking eviction or possession orders. Ms Andrews from the Tenancy Union of Victoria indicated she was familiar with Mr De Jong and had received calls of complaints from a number of his tenants relating to intimidation. Both Ms Andrews and Sergeant Kent indicated many residents were often too afraid to report instances of intimidation and were in fear of their safety. Mr Pearce indicated he had been given 'notice to vacate' when Mr De Jong became aware he was giving evidence at this hearing, whilst it was also suggested Mr Pearce had not paid his rent.
21. Based on the evidence given, I am unable to conclude Mr De Jong's use of the Residential Tenancy system indicates he does not manage the boarding houses well, even when it was suggested that his applications were often not brought under the proper legislation and were more often than not either unsuccessful or struck out.
22. Given the profile of the residents who frequent the boarding houses I expect there is going to be a certain amount of conflict and disagreement, particularly when asked to leave, either for failure to pay rent or for other reasons. I also expect that a number of residents just leave of their own accord without any indication they intend to do so. It may be that in some cases the residents have some justification in relation to complaints of intimidation, but I do not think these residents are in the majority.
23. The comments made by Ms Andrews and in many respects supported by the comments made by Ms George suggest there is probably a great need for a set of guidelines or some form of registration for boarding house operators. As there is none at present, this should not lead to a conclusion that Mr De Jong be judged on the basis that he avails himself of some of the existing outlets to resolve issues he may have with either existing or former residents. Part of the criticism of the current system is that residents are less likely to exercise their rights[10].
24. I am not sure that employing an outside security agency or employing a live in manager who has day to day control over the boarding house would result in any less conflicts or complaints of intimidation from former residents. Everyone's view is going to be coloured to a certain extent by their own personal circumstances and situation.
25. There are no guiding principles or legislative requirements in place that specify how a boarding house should be managed. Criticism can be readily made of an individuals style of management but who is to say this style is any better or any worse than another style. It is evident Mr De Jong takes a relatively hands on approach in relation to the operation of the existing boarding houses and is very involved in their day to day management, visiting each premises on an almost daily basis. Whilst he may rely on a resident whom he trusts to assist him, it was evident, certainly from the comments made by the two former residents, that it was Mr De Jong that would appear if some situation arose and it does seem that he presents himself to the residents as the one constant in relation to the management and all residents when they come to the properties are familiar with and deal personally with Mr De Jong.
26. Whilst it may be that some criticism could be directed at him not involving the Police more often when issue arise, I do not consider that this suggests he is not managing the premises in an adequate manner. The experiences of the residents related specifically to the boarding houses Mr De Jong operated and whilst it could be said that some management practices at times could be improved, it is difficult to conclude that Mr De Jong's style of management was no better or no worse than any other boarding house operator, as there was no comparative evidence given.

1. Ms George was of the view the boarding house would not provide a standard of visual and acoustic privacy and there is a lack of indoor and outdoor communal space.
2. Nine bedrooms are to be provided, four at the upper level, three on the mid level and two at the lower level. Each bedroom varies in size and contains built in robes. One bedroom at the upper level contains an ensuite. Two bathroom areas are provided at the upper and mid level. In each there is access to two separate toilets and showers, providing for five toilets and showers for eight bedrooms with one bedroom and ensuite.
3. Some bedrooms have common walls where others are directly off the living area or adjoin the kitchen or a bathroom. This situation is not uncommon in the layout of a number of dwellings. I expect there may be some issues of acoustic privacy between the rooms but this was not an issue that was highlighted by the former residents of the existing boarding houses.
4. The slope of the land presents some difficulties in providing for a large area of outdoor space. There is a reasonable sized area to the side of the dwelling of approximately 60m² that includes the clothes line. This area provides for some outdoor use and could be improved by removing the clothes line from the centre of this space and either relocating it or changing the type of clothes line to allow for a better utilisation of the space. A high retaining wall runs along one side of this area and the ground rises steeply above the retaining wall. This upper area contains some vegetation and is to contain an additional car space off Craig Avenue. This upper area could be landscaped to provide for an additional outdoor area but there would need to be a considerable amount of cut into the slope which I do not consider is necessary.
5. There is a small area of open space that could be used outside the mid level living area, to be converted into a bedroom and there is a balcony area that can be accessed from the two lower level bedrooms.
6. The communal living area is to be relatively small with an area of approximately 18m² and includes the entry at the front of the dwelling. The existing kitchen which at present is open to the living area and entry is to be enclosed separating the kitchen area from the living area. The separation of the kitchen area enables the living and meals area to be used separately.
7. It was suggested one bedroom could be deleted allowing for an additional living area. The suggested bedroom to be deleted was on the mid level and is currently a living area that is located at the bottom of a set of stairs from the upper level. This living room is proposed to be divided into a bedroom of approximately 9m² with a 1m wide hallway to allow access to two other bedrooms on this level and the two lower level bedrooms. This bedroom would be the smallest of the bedrooms provided. This area has access to a small outdoor area. If this area was to be retained as a living area, it would provide a second area of approximately 18m². Given the split level nature of the dwelling this mid level living area could be readily accessed and used by the four residents in rooms on the mid and lower level, whilst the upper level living room could be readily accessed by the four residents at the upper level.
8. Evidence from the former residents of the existing boarding houses suggested residents tended to spend time in their own rooms rather than frequent the communal area and each room is provided with a television. I expect this situation depends alot on the characters and personalities of the residents at any given time, but I accept that the residents also value their own privacy.
9. Even if it is suggested the residents do not tend to regularly frequent the communal living area the provision of two living areas, although relatively small, one with access to a small outdoor area as well as two bedrooms having access to a balcony along with an outdoor area of 60m² would in my view provide a reasonable level of amenity for future occupants of the dwelling.

Should the required number of car spaces be reduced?

1. The planning schemes requires the provision of one car space for each lodging room, in this instance 9 car spaces would be required. Only 4 car spaces are to be provided on the site.
2. Before a requirement for car spaces is reduced or waived, the applicant must satisfy the responsible authority that the reduced provision is justified due to:

�� The availability of car parking in the locality.

�� The availability of public transport in the locality.

�� Any reduction in car parking demand due to the sharing of car spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces.

�� Any car parking deficiency or surplus associated with the existing use of the land.

�� Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement.

1. The evidence presented indicates a majority of residents of boarding houses do not own or have use of a car. This situation is emphasised with a need to place boarding houses in proximity to and easy walking distance of public transport, shops and other facilities.
2. The dwelling is located at the end of a 'no through road'. There is within this residential street the availability of ample on street parking. Generally dwellings in the area have provision for their own off street parking reducing the number of on street car spaces required for other dwellings in the area. The dwelling is in close proximity to public transport.
3. I do not consider in this location, given the likelihood that residents will not own a car that there is a need to provide any more than the proposed 4 on site car space. The Responsible Authority indicated a similar view.

Should the section 173 agreement that attaches to the land be removed?

1. The Section 173 Agreement entered into on 25 January 2005, attaches to the subject land. It comes out of consent orders[11] in relation to enforcement proceedings instituted by the Responsible Authority against Mr De Jong and his company Drewgood Pty Ltd for carrying out building works on the land without a permit.
2. The relevant part of the agreement provides:

5.1 The extended building and the land shall be used or developed as one single residential dwelling and no part of the extended building on the subject land shall be used or developed for any form of Residential Building or Shared Accommodation (including but not limited to the boarding house, short term accommodation or back packers lodge) ("the other use") unless in accordance with the planning permit for the other use and/or development(s).

1. The effect of the agreement as it presently stands does not allow the dwelling to be used as a boarding house unless in accordance with a planning permit. Therefore the dwelling cannot be used as a boarding house with less than 10 habitable rooms, as no permit is required. The agreement however does contemplate that the use of the dwelling as a boarding house could occur if a permit was granted, this means that the boarding house would be required to contain more than 10 habitable rooms to require the obtaining of a permit. The situation in this matter.
2. Having reached a conclusion that a permit should issue for the use of the dwelling as a boarding house it is the Tribunal's view there will be no breach of the section 173 agreement. The agreement could either be removed or remain. If it remains it would ensure that the dwelling could only be used as a boarding house with a planning permit.

1. A set of draft conditions was provided by the Responsible Authority. The conditions require the provision of a management plan to ensure appropriate management and control of the proposed boarding house and to minimise any adverse impact on the amenity of the surrounding area or any disturbance or disruption to nearby residents. A not dissimilar management plan was required for the adjoining boarding house at 10 Milton Street, which I understand has still not been finalised by the Responsible Authority.
2. In relation to the conditions I consider it appropriate that a landscape plan be provided that clearly indicates the outdoor areas of open space to be used by the residents.
3. Although I consider that one bedroom should be deleted, I believe that it is still appropriate to allow for nine persons as the maximum number to reside at the premises, this would allow possibly for two persons or a couple to share a bedroom. The bedroom containing the ensuite could be utilised in this way.
4. I do not consider that an independent caretaker or manager should be required to live at the premises, however if one of the residents from time to time is trusted in that role, then the Responsible Authority and Police should be advised of that persons name and that person should be made aware that they can be contacted by the Responsible Authority and Police. That persons responsibilities should also be set out in the management plan.
5. Given the background and circumstances of many of the residents and the nature of referrals to the premises I do not consider certain types of people should be excluded from the premises. A list of residents should be maintained at all times. The acceptance or otherwise of a resident should be a matter for the management of the boarding house. This also should apply to the type of laundry facilities provided and whether the machines are coin operated or not.
6. It is also in my view a matter for the owner of the property as to whether a fence in some form is installed along that part of the subject land that faces Milton Street. The configuration of the lot on paper indicates there is no actual lot frontage to Milton Street, although in reality there is no separation along the common boundary between 10 Milton Street and 24 Craig Avenue. I see no harm in allowing persons from 24 Craig Avenue having access to Milton Street, if the owner of the adjoining property at 10 Milton Street takes no issue with this situation.
7. Amended plans will be required to show the retention of the mid level living room and deletion of the bedroom in this location. A landscape plan will also be required.

1. The evidence before me indicates residents of boarding houses 'have problems with drug and alcohol abuse, or have just come out of prison, have limited social networks and cannot provide references. These factors may contribute to the difficulties they face in being accepted into other accommodation markets. Therefore rooming houses play a pivotal role in providing accommodation for the vulnerable and disadvantaged ...'[12] There is an acknowledged need for this type of accommodation particularly within the Knox area and I consider this proposal contributes to the provision of a form of affordable housing to meet the needs of some members of the community.
2. The location of the dwelling, to be used as a boarding house, is in my view in close proximity to public transport, shops and other community facilities and is therefore considered to be well located for this type of use.
3. The dwelling is within a residential area and only requires a planning permit as it will have 11 rather than 10 habitable rooms. That there are within close proximity to this dwelling other dwellings used as boarding houses is not considered to have a detrimental effect on the community.
4. Whilst there was evidence of the Police being called to two of the boarding houses on a number of occasions the issues that arose were generally confined to issues between residents and not to the wider neighbourhood. Given the profile of the residents that tend to live in boarding houses, I do not find this unusual or a product of several boarding houses being located in close proximity to one another, but rather the anti-social behaviour of some residents of boarding houses.
5. The internal and external design of the dwelling provides for areas of communal living and open space that will adequately accommodate the needs of future residents of the dwelling.
6. A permit is granted for the use of the dwelling at 24 Craig Avenue, Ferntree Gully as a boarding house with a reduction in the required number of car spaces and the development of minor building works.

[2] 54 The Avenue, Ferntree Gully, 4, 8 & 10 Milton Street, Ferntree Gully, 12 Orchard Road, Bayswater

[3] Knox CC v Tulcany Pty Ltd & Ors [2004] VSC 375 (30 September 2004)

[4] Habitable room: Any room of a dwelling or residential building other than a bathroom,

laundry, toilet, pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom, clothes drying room and other space of a specialised nature occupied neither frequently nor for extended periods.

[5] Clauses 12, 16 and 22.10 Knox Planning Scheme

[6] Eastern Regional Housing Statement 2006 - Eastern Regional Housing Working Group includes Knox

[7] Kliger & Associates, The Inner Urban Rooming House Project (2003)'Rooms for the Future: A

Strategy & Action Plan for the Retention & Development of Socially Responsible Private Rooming

[8] The Inner Urban Rooming House Project

[9] 54 The Avenue, 4, 8 and 10 Milton Street

[10] Residential Accommodation Issues Paper (2007) (Consultation Paper) Consumer Affairs Victoria

[11] Knox CC v Drewgood Pty Ltd [2003] VCAT 1135 (18 November 2003)

[12] Residential Accommodation Issues Paper (2007) (Consultation Paper) Consumer Affairs Victoria