Agenda item

YR-2021/984 - 193 Victoria Road Coldstream



The applicant has submitted a planning application to seek approval for buildings and works associated with the construction of a dwelling. No planning permit is required for the use of the land as the dwelling use is existing.

Whilst the dwelling is unusually large and contains elements that are atypical of a dwelling, the proposal is for a dwelling as defined under the planning scheme.

In the event that the building is not used as a dwelling planning enforcement action could be pursued if the use is not compliant with the planning scheme.

The proposal is for a two storey plus basement dwelling measuring 138.6 metres by 90.6 metres, with a maximum height of 10.25 metres above natural ground level. It is setback 84 metres from the front (Victoria Road) boundary and 68 metres from the northern boundary. The proposed dwelling is in a similar location on the hill top as the existing dwelling which will be fully demolished. The design and mass of the building is simple and boxlike, comprising a strong horizontal form. The building lies on the gently rolling topography on a large property with generous setbacks from road frontages and neighbouring dwellings, ensuring that it does not present as unreasonably tall in the landscape.

No native vegetation is proposed to be removed from the land. Exotic trees are proposed to be removed along the existing driveway which does not require a planning permit (Diameter at Base Height not greater than 0.35 metres).

Six (6) objections have been received with the principal issues raised being the scale and prominence of the proposed buildings and works in the landscape and concerns that the land use is not for a dwelling. 

The dwelling complies with the requirements of the Yarra Ranges Planning Scheme and on balance officers are recommending the permit be supported.

In accordance with Governance Rule 58, Diana Price spoke in objection to the recommendation included in the officer report.

Cr Child moved a motion alternate to that printed in the agenda.




Moved: Cr Child
Seconded: Cr Fullagar

That Council resolve to approve Planning Application YR-2021/984 for Building and Works associated with the construction of a dwelling at 193 Victoria Road and issue a Notice of Decision to Grant a Permit subject to the conditions in Attachment 1 to the report and to include the following additional conditions to Condition 1 on the Planning Permit.

·                1(g) All lighting associated with the dwelling and landscaping. No up lighting of the dwelling walls is to be shown. Only low level and bollard lighting may be used for wayfinding purposes to the satisfaction of the Responsible Authority.

·                1(h) Measures to minimize light spill and prevent lighting impacts on the environment in accordance with Australian Standard 4282 (Control of the Obtrusive Effects of Outdoor Lighting) to show minimal disturbance beyond the subject site.

The motion was Carried.


Cr Child noted the alternate recommendation that was circulated to Councillors to add in conditions 1(g) and 1(h) also contains the clerical error. The duplicated condition will be removed from the decision prior to it being issued. That is, condition 12 will be removed from the Notice of Decision to Grant a planning permit and the remaining conditions renumbered.


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