Yarra Ranges councillors approved a planning application in Healesville despite the 28 objections being submitted.
The proposal is for buildings and works to construct a two-storey dwelling at the rear of the existing dwelling on the land, construct a new carport for the existing dwelling, a two-lot subdivision and removal of vegetation at 7 Ryrie Street, Healesville.
The proposed dwelling is a three-bedroom with two carparking spaces to be provided.
However, the application received 28 objection submissions, raising concerns related to overdevelopment, loss of amenity, tree removal, height and scale, overlooking, possible short-term accommodation use, parking and traffic and inaccuracies on the development plans.
Ryrie Ward councillor Fiona McAllister moved a motion to resolve for approval.
“I have considered the material provided to us by our planning team. It’s in compliance with the planning scheme. (I) also read through all of the objectives and the applicant’s proposal, and I am willing to support the recommendation that the council resolve to approve the planning application,” she said.
Cr McAllister started by explaining how hard it is to make decisions for the planning permit application as a councillor.
“These are the, perhaps the most difficult decisions for us to make, not simply because of the complexity, but because our role and responsibility under the Local Government Act is quite specific and quite limited, as always a reminder that our responsibility is to determine whether applications comply with the planning scheme or not,” she said.
“Whilst it may, especially given I’m moving to support approval, feel (objections are) not being heard. I would like to say that the objections that we hear do influence our decisions around updates and advocacy for changes, both to the Yarra Ranges planning provisions and Victorian planning provisions.”
The application has undergone multiple design amendments with subsequent multiple public notification processes.
Overall, the proposed development achieved an acceptable response to the relevant planning policies, including the Planning Policy Framework, Zone, Overlays and provisions of the Yarra Ranges Planning Scheme.
Cr McAllister continued, explaining why she was supporting approval of the planning application.
“The tree removal, most of the trees that will be removed actually don’t require a permit, and it is a large tree fern that requires the permit, which actually will be relocated on the site. So the vegetation removal is minimal,” she said.
“There have been amended plans, changes to design, amendments to accuracy of the plans and a range of things seeking to resolve some of the concerns raised by objectives, and certainly, as we see before us tonight, our planners are confident that what is proposed actually is compliant with the planning scheme and local planning provisions.
“Neighbourhood character has been raised, and we’ve been provided with precedent that’s been set in terms of decisions that Yarra Ranges Council have made in the past, and unfortunately, restricting neighbourhood character is not about no change. It is about alignment, in terms of building style, and existing patterns in the neighbourhood.”
Cr McAllister also spoke about the other issues raised by objectors.
“The visibility, the line of the roof of the proposed dwelling is actually lower than the roof line of the current property on at 7 Ryrie Street, and the scale has been raised as an issue, but in fact, site coverage is actually only 24 per cent, in garden area 52 per cent, which are substantially less than would be allowed on that property if maximum site coverage and minimum garden area were part of the design,” she said.
“Other issues that have been raised, there are many that are around the use with Chaplet House, the front property, or the front dwelling actually being used as an Airbnb, and concerns about amenity impact and impact on neighbouring residents if this second dwelling were to be used for Airbnb. But as we all well know, unfortunately, that is not a consideration. Use is not a consideration under the planning scheme.
“And as a council, we’ve had many conversations about Airbnb, controls and protections in our community that sit outside our planning decisions, but rest assured to our community and certainly to my fellow councillors that there is high consideration and focus on the right balance in our communities around short term accommodation and long term residence needs, however, that is not a decision or not an aspect of our decision making in terms of this planning application.”
None of the speakers from either side attended the meeting.
The motion to approve the planning application was carried unanimously.
