Hot Planning Issues

Hot Planning Issues are those major local matters that are ‘live’ meaning the community may submit an objection to Council, support residents at a VCAT Hearing or make a submission.

The date indicates the month listed on BVRG web page.

10 October 2022 – Update on 32 Laburnum Street Trees.

TREE REMOVAL OVERTURNED – A WIN FOR THE COMMUNITY AT 32 LABURNUM STREET.

On Friday 30 September, members of Blackburn Village Residents Group (BVRG) and Blackburn & District Tree Preservation Society (Tree Society) attended a Compulsory Conference at VCAT. The conference was convened in connection with the VCAT proceedings issued by BVRG challenging the planning permit granted by Whitehorse City Council (WCC) to remove 7 large, protected canopy trees from the front setback of 32 Laburnum Street, Blackburn.

At the VCAT mediation hearing the property owner and the residents reached an agreement that will preserve 4 large canopy trees in the front setback.

In addition, the permit conditions are amended so that at least 6 canopy trees, capable of reaching 15 metres in height, must be planted on the property. Three of these are to be planted in the front setback and 3 at the rear of the property.

This agreement avoided a risky, expensive and time-consuming hearing before VCAT.

After the permitted tree removal, neighbours and those who pass by the property will continue to enjoy the street amenity provided by the remaining canopy trees. The agreed landscape response will include native species that will further contribute to the surrounding bush character and the objectives of the significant landscape overlay.

All in all, the Tree Society and BVRG are delighted with the agreement achieved.

As a show of good faith to the owner, BVRG agreed to contribute $500 towards the preparation of an expert report assessing the trees for nesting hollows and areas of habitat, and management of wildlife living or nesting in the trees to be removed.

Thank you to over 100 donors and new and existing BVRG and Tree Society members whose generous support enabled residents to cover the costs of lodging an appeal and obtain an independent arborist’s report. Without these donations and support this agreement could not have been achieved.

Where to from here?

The VCAT proceedings issued by BVRG, and the subsequent agreement demonstrate that residents can unite to prevent inappropriate activity in areas covered by special planning protections. However, the proceedings also demonstrate that residents cannot simply rely on the planning processes to protect environmentally sensitive areas. It is only with constant vigilance and engagement that we can do so.

If you become aware of any proposed inappropriate development, please let us know. You can also visit the BVRG web site for updates. Go to https://bvrg.org/hot-planning-issues/, or email bvrg@ymail.com

Laburnum St Trees for Flyer

Council approves removal of the beautiful trees at 32 Laburnum Street, Blackburn

1 July 2022 – Update on 32 Laburnum Street Trees.

COUNCILLORS APPROVE ANOTHER ASSAULT ON THE BUSH ENVIRONMENT IN BLACKBURN.

ENOUGH IS ENOUGH!

Residents are appealing Council decision at VCAT – Reference No. P664/2022

WE NEED YOUR HELP

Removal of 7 large, protected canopy trees from the front setback of 32 Laburnum Street, Blackburn was approved by a majority of one Councillor at a meeting of Whitehorse City Council on 26 April 2022. However, expert advice to Blackburn Village Residents Group (BVRG) suggests that the majority of the trees are being needlessly removed. Councillors Cutts, Carr, Stennett, Lane and Davenport voted against the removal. One tree is a Lemon Scented Gum and the other six are Sugar Gums. All are native protected trees under the Whitehorse Planning Scheme Significant Landscape Overlay (SLO2) and are part of the streetscape shared by the neighbourhood.

Removal of all 7 trees has the following unacceptable consequences:

Irrevocable change to the preferred neighbourhood character – a Bush Environment
Failure of council to support their neighbourhood character policies
Loss of valuable bird and wildlife habitat
Failure to conserve mature trees notable for their species and height
Impact on the quality of the environment for neighbours
Loss of shade and amenity for walkers
Increase in the urban heat island effect
Failure to ensure that buildings retain an inconspicuous profile
Risk to remaining trees on the property and nearby (a stand of trees has more protection against strong winds)
Tree remediation and retention strategies are not priorities in decision making

VCAT Hearing.

BVRG has lodged an appeal to VCAT to review Council’s decision. A Compulsory Conference is scheduled on 23^rd September 2022 with a hearing on 6th February 2023.

To take the case to VCAT involves costs in the order of $5000. Financial support has already been offered by some individuals as well as other community groups including The Blackburn Tree Society and Combined Residents of Whitehorse Action Group (CROWAG).

A Call to Action – How can you help save the trees.

No matter how close you live to 32 Laburnum Street we need your help.

If you were an original objector to WH/2021/978 and you would like to be involved, please get in touch – email or phone.
If you are not a member of Blackburn Village Residents Group but are willing to sign a proxy form supporting the action of BVRG, let us know – email or phone.
Please contribute financially by,
- Become a member of BVRG – https://bvrg.org/to-join/
- Making a tax deductable donation to the Save Blackburn’s Tree Canopy cause -QR scan or follow link: http://www.givenow.com.au/treecanopy
Help with letter boxing flyers, like this one or, place this flyer on your property inside the fence line to promote the cause.
Please get involved in any way you can. Email us or ring.

More Information.

For more information or how you can provide support, go to www.bvrg.org , email to bvrg@ymail.com or call Mike Taafe on 0409 800 422.

23 April 2022

Planning Application – 32 LABURNUM STREET – WH/2021/978

A proposal to remove 6 large, protected canopy trees from the front setback will be considered at the meeting of Whitehorse City Council on Tuesday evening, 26 April 2022. One tree is a Lemon Scented Gum and the other five are Sugar Gums. All are protected trees under the Whitehorse Planning Scheme SLO2. All trees are shared by the neighbourhood.

The proposed removal of all 6 trees the following unacceptable consequences:

Loss of valuable bird and wildlife habitat
Failure to conserve indigenous mature trees notable for their species and height
Impact on the quality of the environment for neighbours
Loss of shade and amenity for walkers
Increase in the urban heat island effect
Failure to ensure that buildings retain an inconspicuous profile
Risk to remaining trees on the property and nearby (a stand of trees has more protection against strong winds)
Failure to seriously investigate remediation and retention strategies
Irrevocable change to the preferred neighbourhood character – a Bush Environment

We believe that maintenance and retention is a viable option worthy of further investigation.

We encourage you to let the CEO Mr Simon McMillan and your local Councillor know of your objection before Tuesday at the email addresses below. All Councillors will be involved in making the decision.

- - CEO Simon McMillan, McMillan@whitehorse.vic.gov.au
  - Cr Tina Liu – Mayor – Sparks Ward, liu@whitehorse.vic.gov.au
  - Cr Andrew Munroe, Cootamundra Ward munroe@whitehorse.vic.gov.au
  - Cr Mark Lane, Mahoney’s Ward lane@whitehorse.vic.gov.au
  - Cr Denise Massoud, Lake Ward massoud@whitehorse.vic.gov.au
  - Cr Trudy Skilbeck, Eley Ward skilbeck@whitehorse.vic.gov.au
  - Cr Blair Barker, Elgar Ward, barker@whitehorse.vic.gov.au
  - Cr Amanda McNeill, Kingsley Ward, mcneill@whitehorse.vic.gov.au
  - Cr Andrew Davenport, Wattle Ward, davenport@whitehorse.vic.gov.au
  - Cr Ben Stennett, Walker Ward, stennett@whitehorse.vic.gov.au
  - Cr Raylene Carr, Terrara Ward, carr@whitehorse.vic.gov.au
  - Cr Prue Cutts. Simpson Ward, cutts@whitehorse.vic.gov.au

Further Information see Council report to meeting 26 April 2022 or details of the Council Meeting Agenda for Tuesday 26th.

2 July 2021

Planning Application WH/2019/1029A 27-29 The Avenue Blackburn.

Members are encouraged to lodge an objection ASAP to the following:

In December 2019 a permit application was lodged with the Whitehorse Council to partly demolish and relocate the existing single story dwelling straddling the two property boundaries. A single story addition was proposed to be added to the rear of the dwelling. The original plans submitted included extensive timber decking and a pool to the rear of the dwelling.

Following many objections lodged with council, a forum was held, and the applicant agreed to delete the decking and pool from the plans. A permit was subsequently issued by the Council, excluding the timber decking and pool.

Recently, as the development reached an advanced stage, a new permit application, with amended plans, was submitted to the Council. The amended plans included the timber decking and pool deleted from the first permit application.

The inclusion of the extensive decking and pool will mean that there is no longer sufficient land for planting of canopy trees and other vegetation required of the Whitehorse Planning Scheme.

In particular the new plans fail to meet the landscape character objectives and decision guidelines of SLO2, the Preferred Character Statement of Clause 22.03 Residential Development and the policy basis and objectives of Clause 22.04 Tree Conservation. The amended plans would also not conform to the requirements of Clauses Clause 21.05 Environment and Clause 21.06 Housing.

Download the Objection Form form from council web site or send a free form letter or email to customer.service@whitehorse.vic.gov.au outlining grounds for objections. include site address and the WH reference number.

May 2020

Blackburn’s Bushland Character – worth fighting for.

The following 3 planning proposals do not conform to Clauses 21.05 Environment, 21.06 Housing, 22.04 Tree Conservation and the Municipal Strategic Statement where trees are regarded as the most significant determinant of neighbourhood character. In addition, they do not conform to the Preferred Character Statement for a Bush Environment in Clause 22.03 Residential Development.

If you are affected or have concerns you should make an objection. Objection process is detailed at: https://bvrg.org/planning-issues/

Planning Application – WH/2019/1019 – 31 Fuschia street Blackburn

The proposed development involves adding a carport/pergola, alfresco, veranda, cabana and driveway to the existing buildings which have only recently been erected without a permit application being lodged. The impact of these additions would be to increase the existing site coverage of 32% to a site coverage of 45.3%; this is well more than the 33% included in the SLO2 guidelines. This represents an overdevelopment of the site.

In addition, a number of setbacks do not comply with the SLO2 guidelines. The setback of the carport from the front boundary is only 3.1m; a substantial difference compared with the SLO2 requirement of 11m. The carport/pergola setback from the western boundary and the BBQ canopy from the eastern boundary do not comply with the guidelines of SLO2.

The addition of the new buildings and driveway will also involve a reduction in landscaping opportunities with planting in front of the dwelling being restricted to the south east area and the area behind the dwelling; on the eastern and western boundaries there are limited opportunities for landscaping if a bush environment is to be achieved. The landscape plan involves the planting of only 4 trees capable of achieving a height of 15 m; the SLO2 guidelines require 6 trees for a site of this size. Moreover, most of the other items of vegetation including trees, shrubs, groundcover and climbers include exotics rather than native or indigenous vegetation.

This proposal is totally inconsistent with the landscape character of objectives of SLO2 in that:

The dominance of vegetation is not maintained
Wildlife habitat is not preserved
Because of the additional buildings and driveway not enough space is available for planting of trees in a natural setting
This is a proposal not sympathetic to the maintenance of a tree-dominated landscape
The very large and tall dwelling will not retain an inconspicuous profile for abutting – properties
This proposed development is not compatible with the character of the area

WH/2019/849 – 8 Wolseley Crescent Blackburn

The proposal is inconsistent with the landscape character of objectives of SLO4 in that:

Proposed vehicle access and storage have not been designed to minimise excavation, loss of vegetation and dominance of car storage facilities. The advertised proposal has two driveways and 2 double garages and does not present an inconspicuous frontage to the street.
The preferred canopy tree ratio of 1 tree for each 150 sqm of site area trees capable of reaching 15m is not met.
The planting schedule does not provide for adequate indigenous plants from the suggested Whitehorse council planting list – https://www.whitehorse.vic.gov.au/sites/whitehorse.vic.gov.au/files/assets/documents/Indigenous-Gardening-in-Whitehorse.pdf

The proposed development does not meet the Bush Environment characteristics or objectives, the front landscape planting is low and porous, and the extra driveway reduces opportunity for planting that would make the building subservient.

Existing Characteristics not met:

Garages or carports are non-existent or sited behind dwellings and hidden from the front setback with single crossovers.
Gardens are bushy and informal with predominantly native/indigenous species and large canopy trees. The appearance of vegetated garden areas around buildings is an important feature of this precinct

Garden and Landscape objective not met:

To maintain and strengthen the garden setting of the dwellings and the tree canopy of the neighbourhood. To maintain and strengthen the bush dominated setting of the dwellings.

Planning Application – WH/2019/1317 –39 Jeffery Street Blackburn

The proposed development involves adding a new guest/study room at the front and extra space at the rear of the existing dwelling, new garage, new carport, pergola to the rear of the building and covered outdoor area in the location of the demolished garage. The impact of these additions would be to increase the existing site coverage to 39%; this is greatly more than the site coverage of 25% provided for in SLO1. This represents an over development of the site.

The addition of the new buildings together with the decking and covered area at the rear of the dwelling will result in a reduction in landscaping opportunities with planting being confined to the front of the house which is set back only 6.155m from the front boundary (as opposed to a guideline of 9m for a single storey building in SLO1) and the rear of the extended building which is set back from the rear boundary by only 8.6m. This setback is maintained across the site through the inclusion of decking and a covered area. The potential for planting on the western boundary is limited due to the carport and garage and covered area (both hard up against the boundary). The potential for planting on the eastern boundary is greatly reduced due to the existing dwelling being sited only 1.2m from this boundary. A major shortcoming of this permit application is the absence of any planting regime being provided as part of a landscape plan. The unencumbered, land based on this proposal, is not adequate to provide for a Bush Environment.

With the removal of 5 trees from the site there will be only one tree on the site with the potential to reach over 15m at maturity and this is tree 2 (at the rear) which is currently 18 m in height. But there is no guarantee that this tree and trees 9 and 24 will survive as their TPZs will be encroached during the works on site. With a site area of 723sqm there should be based on the provisions of SLO1 at least 4 and possibly 5 trees on the site capable of reaching over 15m at maturity.

This proposal is totally inconsistent with the landscape character of objectives of SLO2 in that:

The dominance of vegetation is not maintained
Because of the additional buildings decking and covered area not enough space is available for planting of trees in a natural setting
This is a proposal not sympathetic to the maintenance of a tree-dominated landscape
The buildings will not retain an inconspicuous profile for abutting properties
This proposed development is not compatible with the character of the area
The front setback is not well vegetated

October 2019

Blackburn to Laburnum section of Box Hill to Ringwood Shared User Path (SUP).

If you have a view on this project or its impact on Blackburn or Laburnum

Write to Council to state your views.

Simon McMillan CEO – customer.service@whitehorse.vic.gov.au
Denise Massoud – denise.massoud@whitehorse.vic.gov.au
Andrew Munro – andrew.munroe@whitehorse.vic.gov.au

See the Community Alternative to the VicRoads proposal which is detailed below.

2019 proposal

The Box Hill to Ringwood Shared User Path (SUP) is a principle bicycle network trail for metropolitan Melbourne. VicRoads have revised 2017 plans. The 2019 Plans are essentially the same as those proposed in August 2017. VicRoads has scheduled 2 drop in sessions to explain their plan to local residents. Blackburn and Laburnum residents are encouraged to attend. See details below.

BVRG in its 2017 submission to VicRoads were concerned with the treatment at Main Street with the loss of street trees and the amenity impacts that a new 3 metre concrete path would have on the narrow Laburnum Park. We believe that better options are available that reduce the amenity impacts for residents and traders. Those options include:

Activation of Diggers Way (public right of way) for pedestrians and Cyclists and
Widening the existing path in Laburnum Park to avoid duplication and unnecessary loss of play area.

The 2019 proposal has 3 key components:

SUP Main St

Main Street VicRoads Proposal.

Main Street is narrowed for traffic between Laburnum Street and South Parade, a 3m shared path is added on the road side of the footpath narrowing to 2m in front of shops, pushing parking further into the road. 5 street trees are removed. Traders with alfresco coffee and dining areas will be effected.
Mixing cyclists with road traffic along Laburnum Street from Blackburn to Laburnum Station at revised speed limits of 40km per hour.
Installing a new 3 metre concrete path through the linear Laburnum Park. The existing walking path close to the station remains, with the new path traversing through the narrow open space play area of the park between property boundaries and the children’s play ground.

SUP Laburnum Park

Laburnum Park VicRoads Proposal

VicRoads Community drop-in session – Laburnum section

Monday 21 October

Time: 4-7:30pm

Location: Blackburn North Community Centre, 104 Springfield Road, Blackburn

Wednesday 30 October

Session 1 time: 2-4pm

Session 2 time: 6-8pm

Location: The Avenue Uniting Church, Cnr Blackburn Road & The Avenue, Blackburn

June 2019

124-126 Blackburn Road – Assault on tree coverage in SLO2.

The refusal by Council for a development proposal for 5 large double story 5-bedroom units with 2 level basement carparking on this site with inadequate landscaping and large-scale tree removal has now moved to VCAT.

Residents who feel that this development proposal should not proceed should lodge an objection by way of a statement of grounds to VCAT. You can lodge at VCAT even if you were not a previous objector. If you lodge a statement of grounds and do not wish to speak you can nominate BVRG or someone else as proxy to speak on your behalf or pay a fee of $20.20 and present a submission in person.

Grounds for objection could include:

Failure to meet planning scheme objectives
Inconsistent with landscape objectives of the Significant Landscape Overlay
Does not conform with preferred character objectives
Excessive built form which presents a visual bulk for adjoining properties

Statement of grounds forms must be lodged by 24^th June 2019. With copies to both the applicant c/- Ratio Consultants 8 Gwynne Street Cremorne, 3121 or grantl@ratio.com.au and the Council at customer.service@whitehorse.vic.gov.au

bvrg.org

~ Blackburn Village Residents Group.Inc

Hot Planning Issues