Council Town Planning Application – No.

4 Page 1 of 11
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3

Clause 55 Assessment

The proposal has been assessed against the various standards and objectives contained within Clause 55 of
the Greater Dandenong Planning Scheme and is considered to be satisfactory. A summary of this
assessment is provided as follows:

Standard Requirement Planner’s Response

B1 Development to: Complies
Neighbourhood • Be appropriate to the The development is considered to be
Character neighbourhood and the site appropriate for the site as it takes advantage
• Respond to features of site of the existing infrastructure such as
• Respect existing or preferred shopping, educational, recreational and public
character transport facilities available within walking
distance of the subject site

Land in the immediate locality is generally

used for residential purposes, comprising
various types of accommodation. The housing
stock is characterised by single and double
storey detached dwellings of brick or
weatherboard construction comprising tiled
hipped roofs, in addition to numerous multi
unit developments, particularly two-storey
flats, ranging in age and style.

It is noted that the dwelling types immediately

surrounding the subject site are as follows:

• Three (3) double storey dwellings to the

north-west of the subject site at 6 Gwenda
Street.
• A single storey dwelling to the south-east
of the subject site at 2 Gwenda Street.
• A two-storey apartment building to the
south-west of the subject site at 112
Princes Highway.
• A two-storey apartment building to the
south-west of the subject site at 114
Princes Highway.

The existing character of the area is typified

by a variety of built forms from single storey
dwellings, through to double storey
townhouses, and bulky two-storey apartment
buildings.

The proposal for double storey dwellings

across the subject site would be in keeping
with the character of the area, given that the
subject site is bounded on two of its three
sides by double storey built forms.

It is considered that the proposed dwelling

density, spacing and built form is respectful of
the predominant neighbourhood character and
should be supported. The proposal complies
with this standard.
Council Town Planning Application – No. 4
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3
B2 • Provision of written statement
Residential against relevant policies
Policy • Support medium densities in
areas where development can
take advantage of public
transport and community
infrastructure and services
B3 Developments of ten or more houses
Dwelling to provide a range of dwelling sizes
Diversity and at least one dwelling with all
facilities at ground level
B4 Development to be provided with
Infrastructure appropriate services and
infrastructure
B5 Layout of development to integrate
Integration with with the street and adjoining open
the Street space
B6 • Dwellings on both sides –
Street Setback average or 9m, whichever is less
• Dwelling on only one side –
same or 9m, whichever is less
• Corner site – (front street) –
same distance as adjoining
dwelling or 9m, whichever is less
- (side Street) – same as dwelling
on side street or 3m, whichever
is less
• No dwelling on either side – 6m
in Road Zone or 4m
Page 2 of 11
Complies
The applicant has provided relevant
documentation detailing the relationship of the
proposal with various policies contained within
the Greater Dandenong Planning Scheme.
The site is located within close proximity to
community facilities, which makes it a suitable
candidate for the consideration of medium
density development.
Not applicable
Only three (3) dwellings are proposed on the
site.
Complies
The site has access to adequate road and
drainage infrastructure. The development will
need to make application to the appropriate
suppliers for water, sewerage, electricity, gas
and phone services. Given surrounding
developments, it is not expected that this
development will unreasonably overload the
capacity of those services.
Complies
The proposal provides visible and accessible
vehicle and pedestrian links for each dwelling.
Dwellings and entry features are visible from
Gwenda Street or the accessway once
entered, for each dwelling and this is
considered appropriate.
The proposal meets the objectives of this
standard.
Complies
The setback of the dwelling abutting the
south-east of the subject site at 2 Gwenda
Street is 11.3 metres, whilst the setback of the
dwelling abutting the north-west of the subject
site at 6 Gwenda Street is 9 metres.
As the average of these two setbacks is
greater than 9.0 metres, the requirement
under Clause 55 is 9.0 metres.
The proposed front setback for Dwelling 1 is
7.5 metres.
The front setback design guidelines in the City
of Greater Dandenong’s Neighbourhood
Character Study for Future Character ‘A’
Areas specifies a minimum front setback as
per Clause 55 or 5.0 metres, whichever is the
lesser. In this instance a 7.5 metre setback is
considered to be appropriate.
Council Town Planning Application – No. 4
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3
B7 Maximum height of 9m, unless the
Building Height slope of the natural ground level at
any gross section wider than 8m of
the building is 2.5 degrees or more,
in which case the max. Building
height should not exceed 10m.
B8 Maximum 60% of the site
Site Coverage
B9 Minimum of 20% of the site to be
Permeability permeable
B10 Achieve energy efficient design
Energy (Energy report for applications
Efficiency lodged after 1 March 2002 – before 1
July 2004)
B11 Provision of public and communal
Open Space open spaces (if required) that are
useable, accessible, address
surrounding dwellings and protect
any valued natural features on the
site.
B12 Provide good lighting, visibility and
Safety surveillance of street and public
spaces/common property
Page 3 of 11
Complies
The maximum building height proposed is
approximately 7.2 metres which is within the
maximum height allowance under this
Standard.
The objectives of this Standard are therefore
met.
Complies
The site coverage of this proposal is
approximately 43.7% which is under the
maximum of 60% allowed under this
Standard.
Complies
33.59% of the site area will remain permeable
enabling lawn, porous paving and landscaping
to be achieved, meeting the overall objectives
of this standard.
Complies
The proposal as presented is reasonably
designed in relation to energy efficiency and
solar access. Private open space areas and
living areas have access to northern light.
Not applicable
There is no requirement to provide communal
open space within the development.
Partially complies
The layout of the proposed development
would ensure adequate safety and security for
residents and properties as the front porches
for each dwelling are visible from Gwenda
Street, or the accessway once entered.
The layout of the dwellings allows for good
lighting, visibility and surveillance of Gwenda
Street and the common property accessway.
Private open space areas are secure and
provide safe recreational areas for future
residents.
Security lighting can be provided along the
length of the common accessway as a
condition of permit, if issued.
Council Town Planning Application – No. 4 Page 4 of 11
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3

B13 Replacement of trees removed Partially complies

Landscaping within the last 12 months, and
provision of appropriate planting
opportunities
A detailed landscape plan has not been
submitted with the application.
A landscape plan can be required as a
condition of permit and would include
advanced planting of shrubs across the
site, the provision of two (2) canopy trees
with a minimum planting height of 1.5
metres in the front setback of Dwelling 1,
and one (1) canopy tree with a minimum
planting height of 1.5 metres in the
secluded POS area of each dwelling.

Council’s Arborist inspected the site and

reviewed the arborist report submitted
with the application and noted that
vegetation on the neighbouring properties
is likely to be affected by the
development.

The following two (2) trees can be

retained in accordance with the
recommendations of the Arborist Report
provided:

• A Quercus palustrus (Pin Oak)

proposed to have a tree protection
zone of 9 metres, which satisfies
Council’s Arborist.
• A Eucalyptus camaldulensis (River Red
Gum) which Council’s Arborist advised
should have a tree protection zone of 7
metres.

The above trees and their defined tree

protection zones should be shown on the
landscape plan as conditions of permit, if
issued, with the specific trees and their
tree protection zones also identified as
conditions of permit, if issued.
Council Town Planning Application – No. 4
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3
B14 • Allow convenient, safe and
Access efficient movement of vehicles
throughout the site and to the
street network
• Vehicles should be able to
exit a development in a
forwards direction, particularly
when serving five or more
vehicles, three or more
dwellings, or connects to a
road zone
• Limit to one single-width
crossover for each dwelling
fronting a street, whilst
maximising the retention of
on-street parking
• Accessways not less than 3
metres wide
• Limit the width of accessways
or car spaces to not more
than 33% of the street
frontage or 40% for a frontage
less than 20m
• Development to provide
access for service,
emergency and delivery
vehicles
B15 • Car parking areas should be
Parking convenient and secure
Location • Large car parking areas
should be broken up with
landscaping
• Shared accessways or car
parks of other dwellings and
residential buildings should be
located at least 1.5 metres
from the windows of habitable
rooms. May be reduced to 1
metre where there is a fence
at least 1.5 metres high or
where window sills are at
least 1.4 metres above the
accessway.
Page 5 of 11
Complies
There is a single vehicle crossover
located at the western side of the north-
eastern site frontage to be removed as
part of the development of the site. A new
single crossover is proposed on the
eastern side of the north-eastern site
frontage.
The width of the proposed crossover
along the 15.24 metre wide site frontage
is 3.0 metres, which is less than 40%.
It is noted that the accessway is at least
3.0 metres wide across its entire length.
Partially complies
The car parking areas are located near
their associated dwellings. A common
accessway serves all three (3) dwellings.
Dwelling 1’s southeast-facing kitchen
window which has a minimum sill height
greater than 1.4 metres is located only
0.7 metres from the common accessway
and should be revised to a minimum of
1.0 metre as a condition of permit, if
issued.
Dwelling 2’s southeast-facing kitchen
window which has a minimum sill height
greater than 1.4 metres is located 1.2
metres from the common accessway and
as such is considered reasonable.
Council Town Planning Application – No. 4
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3
B16 • 1 space per 1 and 2 bedroom
Parking dwelling
Provision • 2 spaces per 3 or more bedroom
dwelling, including a separate
study (one space must be
undercover)
• Developments for 5 or more
dwellings require visitor and
bicycle parking
• Gives car parking space
dimensions
B17 Minimum setback of 1m from side
Side and Rear and rear boundaries for any wall not
Setbacks built to the boundary for walls up to
3.6m, plus additional setback of:
• 0.3m setback per metre of height
of walls between 3.6m and 6.9m
high
• 1m setback per metre of height
for walls above 6.9m high
B18 • Maximum length 10m plus 25%
Walls on of the remaining boundary
Boundaries • Maximum height average 3m
(with max of 3.6m)
• Walls can be built the length and
height of an existing or
simultaneously constructed wall
Page 6 of 11
Complies
Each dwelling has two (2) bedrooms.
Dwellings 1 and 2 have been provided with a
single garage each, whilst Dwelling 3 has
been provided with a single demountable
carport.
The Sitting Areas for each dwelling form part
of the common area of the upper floor, and
therefore act as thoroughfares. As such they
do not trigger any additional car parking
requirement.
As such, each dwelling is provided with the
requisite number of car parking spaces for its
intended size.
Appropriate dimensions have been provided
in the garage of each dwelling.
The proposed development is for less than 5
dwellings and therefore a visitor car space
and bicycle parking is not required.
The proposed parking provision complies with
the applicable standard and objective.
Complies
The proposed side and rear setbacks meet
the requirements of this standard. The
development is set back in excess of 1.0
metre from all property boundaries for walls
up to 3.6 metres in height.
All upper level walls, which are no higher than
6.9 metres, are setback at least 1.9 metres.
Complies
The proposed length and height of all walls
built to or within 150mm of the boundary
comply with the objective of this standard.
• North-western – Dwelling 1’s Dining
Room 3.5 metres + Garage 1 wall 4.8
metres + Garage 2 wall 3.9 metres =
12.2 metres which is greater than 10
metres.
A maximum length of 10 metres + 25% of the
remaining boundary (35.72 metres) is allowed.
25% of 35.72 metres is 8.93 metres, plus 10
metres gives 18.93 metres. As 12.2 metres is
less than 18.93 metres the proposed length of
walls along this boundary complies.
The maximum average height of all walls
proposed on boundaries is less than 3 metres.
Council Town Planning Application – No. 4
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3
B19 • Walls of new buildings to be
Daylight to setback from existing habitable
Existing room windows in adjacent
Windows dwellings to provide a light court
of min. 3m² and min. dimension
of 1m
• Walls more than 3 metres in
height opposite an existing
habitable window to be set back
50% of height of wall
B20 North-facing habitable room windows
North Facing within 3 metres of a boundary on an
Windows abutting allotment to be provided with
appropriate light courts of at least 1
metre, plus 0.6m for every metre
over 3.6m to 6.9m, plus 1 metre for
every metre over 6.9m, for a distance
of 3m from the edge of each side of
the window
B21 • Min. 75% (or 40m2 with min.
Overshadowing dimension of 3m) of existing
Open Space neighbours’ private open space
to receive at least 5 hrs of
sunlight between 9am and 3pm
on 22 September
• If overshadowing is already
greater than this standard, it
cannot be further increased by a
new development
Page 7 of 11
Complies
The proposal complies with this standard. All
existing habitable room windows of
neighbouring dwellings on adjoining
allotments will be provided with light courts in
excess of the requirements of this standard
due to their location and setback from
respective common boundaries.
Complies
The northwest-facing bedroom window of the
dwelling at 2 Gwenda Street will not be
affected by the proposed development as
there are adequate light courts available, and
there are no other north-facing habitable room
windows on adjoining properties which would
be affected.
Complies
Most of the shadows cast by the development
will be over the subject land or within existing
shadow lines cast by existing structures
including boundary fences. Overshadowing to
abutting properties is as follows:
• 1/6, 2/6 and 3/6 Gwenda Street.
Overshadowing is entirely confined to the
common accessway and to 3/6 Gwenda
Street’s garage. As such there are no
effects on the private open space areas of
these dwellings from the proposed
development.
• 114 Princes Highway
Overshadowing is entirely confined to the
car park to the rear of the existing block of
flats. As such there are no effects on the
private open space areas of these
dwellings from the proposed
development.
• 2 Gwenda Street
No overshadowing at 9.00am. Although
there is some overshadowing from the
proposed development at 3.00pm, this
would only affect areas already in shadow
from the existing large trees to the rear of
2 Gwenda Street.
As such the proposed development complies
with this standard.
Council Town Planning Application – No. 4
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3
B22 • Limit direct views within 9m
Overlooking • Views can be limited by:
- offset windows a minimum of
1.5m from the edge of one
window to the edge of the other
- sill heights of 1.7m
- obscure glazing
- screening that is no more
than 25% transparent
Page 8 of 11
Complies
To the north-west (towards 1/6, 2/6 and 3/6
Gwenda Street) the following applies:
Dwelling 1
• Sitting Room window has been provided
with fixed external screens up to 1.7m
above finished floor level with a maximum
transparency of 25%.
Dwelling 2
• Sitting Room window has been provided
with fixed external screens up to 1.7m
above finished floor level with a maximum
transparency of 25%.
Dwelling 3
• Bedroom 2 window has been provided with
fixed external screens up to 1.7m above
finished floor level with a maximum
transparency of 25%.
• Bathroom window has been provided with
full obscure glazing.
• Sitting Room window has been provided
with fixed external screens up to 1.7m
above finished floor level with a maximum
transparency of 25%.
To the south-west (towards 114 Princes
Highway) the following applies:
Dwelling 3
• Sitting Room window has been provided
with fixed external screens up to 1.7m
above finished floor level with a maximum
transparency of 25%.
To the south-east (towards 2 Gwenda Street)
the following applies:
Dwelling 1
• Toilet window has been provided with full
obscure glazing.
• Bedroom 1 window has been provided with
fixed external screens up to 1.7m above
finished floor level with a maximum
transparency of 25%.
Dwelling 2
• Bedroom 1 window has been provided with
fixed external screens up to 1.7m above
finished floor level with a maximum
transparency of 25%.
(Cont.)
Council Town Planning Application – No. 4 Page 9 of 11
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3

Dwelling 3
• Stairwell window is shown as clear, which
is considered reasonable, given that the
stairs are heading downwards near this
window, and there is limited potential for
views considering the extensive vegetation
which exists in the private open space area
of 2 Gwenda Street.

As such, the proposed development complies

with this standard.
B23 Max 50% of the private open space Complies
Internal Views of a lower level building within the With regard to internal overlooking the
same development following applies:

Dwelling 1 South-West
• Bathroom window has been provided
with full obscure glazing.

Dwelling 2 North-East
• No internal overlooking impacts from
the Bedroom 2 window.

Dwelling 2 South-West
• Bathroom window has been provided
with full obscure glazing.

Dwelling 3 North-East
• Bedroom 1 window has been
provided with fixed external screens
up to 1.7m above finished floor level
with a maximum transparency of 25%.

As such, the proposed development complies

B24 Protect dwellings from adjoining and
Noise Impacts external noise sources
B25 Entries of dwellings on the ground
Accessibility floors and residential buildings
should be accessible or able to be
modified for access by persons of
limited mobility
with this standard.
Complies
The proposal is for residential development
and any noise created as a result of this
proposal can be directly attributed to typical
residential noises. It is not anticipated that the
proposal will result in an unreasonable
increase in noise levels internally or
externally.
Complies
The entries to all three (3) dwellings are
considered accessible or able to be modified
to allow for easy access for people with limited
mobility.

The proposal complies with this objective.

B26 Entrances to be visible, identifiable Complies
Dwelling Entry and located to address the street The entries to all three (3) dwellings are
adequately identifiable from Gwenda Street or
the accessway once entered. An appropriate
design response ensures that each dwelling
has its own frontage and sense of address.
Council Town Planning Application – No. 4
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3
B27 Habitable room windows in new
Daylight to dwellings to face open space or a
New Windows light court open to the sky with a
min. area of 3m2 and a min.
dimension of 1m, or a verandah or
carport that is mostly open.
B28 Private open space to consist of:
Private Open • 40m2 with one part of the open
Space space to have a minimum area
of 25m2 with a minimum
dimension of 3m, to be at the
side or rear of the dwelling, or
• Balcony of 8m2 with minimum
width of 1.6m, or
• Roof-top area of 10m2 with
minimum width of 2m
All areas should have convenient
access from a living room
B29 • Open space located on the
Solar access to north side of a dwelling, if
open space appropriate
• Southern boundary of the
secluded open space to be
setback from any wall on the
north of the space at least (2 +
0.9h) metres.
B30 6m³ of externally accessible secure
Storage storage
Page 10 of 11
Complies
Habitable room windows of the proposed
dwellings are provided with appropriate access
to light. The development complies with respect
to this standard.
Complies
All three (3) dwellings are provided with
adequate areas of usable private open space, in
excess of the minimum requirements of this
standard. Dwelling 1 and 2’s private open space
areas are to be accessed from the Living/Meals
Areas, whilst Dwelling 3’s private open space
area would be accessed from the Living Room
and the Meals Area.
Each dwelling displays well dimensioned
parcels of secluded private open space with
reasonable north-western aspects as detailed:
• D1 – Approximately 25m² useable
secluded POS (with minimum dimensions
of 5.72 metres long by 4.37 metres wide),
a first floor balcony of 5.74m² (with a length
of 4.1 metres and a width of 1.4 metres) +
69.21m² front yard.
• D2 – 40m² useable secluded POS with
minimum dimensions of 10 metres long by
3 metres wide, and a main area 5 metres
long by 5 metres wide).
• D3 – 41.91m² useable secluded private
open space with minimum dimensions of 5
metres long by 5 metres wide.
Complies
The private open space area of all three (3)
dwellings are located to the north-west, with
reasonable northern aspects.
The southern boundary of each dwelling’s
secluded private open space area is setback in
accordance with the requirements of this
standard.
Complies
A storage shed is to be provided in the garage
of Dwelling 1 with a length of 3 metres, a width
of 0.85 metres and a height of 2.4 metres,
giving it a capacity of 6.12m³.
A storage shed is to be provided in the garage
of Dwelling 2 with a length of 3 metres, a width
of 0.85 metres and a height of 2.4 metres,
giving it a capacity of 6.12m³.
A storage shed is to be provided next to
Dwelling 3’s carport with a length of 2.3 metres,
a width of 1 metre and a height of 2.7 metres,
giving it a capacity of 6.21m³.
As such, the proposed storage complies with
this standard.
Council Town Planning Application – No. 4 Page 11 of 11
Attachment: Clause 55 Gwenda Street, Dandenong (Planning
Assessment Application No. PLN10/0055):
Attachment No : 3

B31 Design of buildings to respect the Complies

Design detail neighbourhood character, and for
garages and carports to be visually
compatible with the design of the
building.
B32 Are to complement the design of
Front Fences the dwelling and when within 3m of
a street should not exceed
• 2m in a Road Zone, Category 1
• 1.5m in other streets
B33 Common property areas are clearly
Common identifiable, accessible and
property manageable
B34 • Sufficient space for the
Site services installation of services
• Convenient and functional
locations and design of site
facilities, including bin and
recycling enclosures, and
mailboxes.
The proposed dwellings are of a contemporary
design which reflects the two-storey built forms
evident in the existing character of the area.
Complies
A 1.2 metre high picket fence is proposed along
the site’s north-eastern street frontage.
Complies
The proposal includes common property areas
in the form of a common accessway and some
landscaping. This is considered clearly
identifiable, accessible and manageable.
Partially complies
Storage space, clotheslines, mailboxes and
rainwater tanks for each dwelling have been
shown.
The location of rubbish/recycling bins for each
dwelling has not been shown, and can be
required as a condition of permit, if issued.