The subject site is affected by a Land Subject to Inundation Overlay (LSIO) which among other matters states:
To implement the Municipal Planning Strategy and the Planning Policy Framework.
To identify flood prone land in a riverine or coastal area affected by the 1 in 100 (1 per cent Annual Exceedance Probability) year flood or any other area determined by the floodplain management authority.
There is an Urban Floodway Zone located adjacent to the site's western boundary. In this context, the subject site 2/1 Muir Street Hawthorn is located in a Plan of Subdivision.
The Plan of Subdivision of known as 1 Muir Street Hawthorn has an approximate fall of 15 metres from its highest point close to its eastern boundary, towards its western boundary. Its western boundary has a fall of approximately 8 metres westwards towards the bank of the Yarra River.
The proposal responds negatively to Clause 43.02-6 Decision guidelines of the Boroondara Planning Scheme.
The proposal responds negatively to Clause 42.03-5 Decision guidelines of the Boroondara Planning Scheme.
The proposal responds negatively to Schedule 1 TO CLAUSE 42.03 SIGNIFICANT LANDSCAPE OVERLAY
Shown on the planning scheme map as SLO1
YARRA (BIRRARUNG) RIVER CORRIDOR ENVIRONS
The removal of the trees will respond negatively to the neighbourhood character and the surrounding context.
A part of the neighbourhood character and surrounding context is the dwellings predominantly being subservient to the streetscape and the use of mature trees as a visual buffer between dwellings and also between dwellings and the street.
The removal of vegetation especially mature trees and canopy trees would increase the visual bulk of the structures upon the site and the impact and dominance of their height, scale and massing on the surroundings and the amenity of adjacent sites.
The proposal responds negatively to Schedule 3 TO CLAUSE 32.08 GENERAL RESIDENTIAL ZONE, particularly 6.0 of 23/12/2020 GC172 Application requirements.
The proposal responds negatively to Schedule 31 TO CLAUSE 43.02 DESIGN AND DEVELOPMENT
OVERLAY of the Boroondara Planning Scheme
Shown on the planning scheme map as DDO31 .
YARRA (BIRRARUNG) RIVER CORRIDOR
1.0
20/04/2021
VC197
Design objectives
To ensure new buildings, tennis courts, swimming pools and other structures are appropriately set back from the banks of the Yarra River and adjacent public open space.
To ensure buildings are presented at a variety of heights, avoid visual bulk,
are stepped back from the frontage of the Yarra River and adjacent public open space and use colours and finishes which do not contrast with the natural landscape setting.
To avoid additional light spill and overshadowing from buildings on the banks and water of the Yarra River, its adjacent public open space, pedestrian and bicycle paths.
To ensure sufficient space is provided between buildings to maintain views to the Yarra River and allow for the planting and growth of vegetation, including large canopy trees.
To minimise impervious surfaces to allow for the filtration of water and retention and establishment of vegetation and canopy trees.
If the proposal obtained approval there are risks that the land occupied by those trees may be paved over and therefore alter site permeability and overland water flows.
The removal of trees will unreasonably impact amenity of surrounding sites by increasing the spill and transmission of artificial light at night whether that be artificial light emitted in the subject site or elsewhere.
The removal of trees will unreasonably impact amenity of surrounding sites by displacing wildlife that occupy them and diverting that wildlife to adjacent sites.
On balance the proposal is an inappropriate planning outcome and should be determined by refusal.
