Standards that Regulate Overlooking in Residential Areas - Case Study Example

VCAT submission on the proposed residential development Name Date An investor is interested in developing a housing unit at Darebin, the proposal for the development was presented to the council to look at it and ascertain whether it meets the standards required to be allowed to develop a residential house in Darebin. The planning controls include zoning and overlays and following certain state laws and policies. The Darebin land is all zoned for particular purposes like residential, industrial, and business use. Furthermore, it can be subjected to an overlay that shows it has a special feature like heritage or flood risk. In every zone there are three sections of land use. Section one does not require a permit, section two requires a permit, and section three prohibits the use of the land for any other use not mentioned in section one or three, the zone in which the proposed housing property is to be developed is in a residential zone. A permit for the development is required when the number of people to be accommodated in the premise is more than ten. The proposed housing has several housing units that can accommodate families which mean the number of people that will be leaving in the proposed unit will be more than 10. The car parking in the area will be used by different people living in the premise. A permit is required to construct a lot of between 300 to 600 meters square; the lot to be constructed will occupy an area of 585 meters which means a permit is need. For a new fence within three meters from the street to be constructed or extended a permit is required, the fence to be constructed in the proposal is less than 3 meters from Dundas street. There is no overlay affecting the proposed construction. Residential housing development in Victoria is controlled by residential development and provisions tools. The provisions are underpinned by measures like respecting neighborhood amenity and character and to have an environmental sustainable resident development. Municipal Strategic Statement provides an overview of council direction. The statement contain how the land should be used, shows areas where environmental risk should be looked at, it shows strategic development sites, and existing and developing infrastructure. Clause 52.1 requires that amenity of the neighborhood is not affected by occupation developed in the dwelling. Clause 54 and 55 states the residential standards required to be followed before land use. This include Street setback, Building height, Site coverage, Permeability, Side and rear setbacks, Walls on boundaries, Daylight to existing windows , North-facing windows, Overshadowing open space, Overlooking, Daylight to new windows, Private open space, and Front fences. The council members support the development because it meets the standards set by the state and local governments. The area in which the property is to be developed in is a resident zone which means it should adhere to the Victoria Rescode standards. Residential zones allow moderate housing development and diversity. The property is to be developed in an area of 585 meters squared, the regulations allows the development of a dwelling on a lot of up to 600 meters square. The investor want to develop a building with many housing units and it will house diverse people. There is a maximum height for the residential buildings to be developed in this zone. The standard height of a building is specified by Rescode A4 and B7. The height standard is important in the development of residential buildings so that amenity of properties near new houses is protected. Tall buildings can diminish the character of neighborhood so the laws will not allow that to occur. When maximum height of the buildings in the zone is not specified, the height of any building should not go beyond nine meters, not unless the slope of the land in any cross section is more than 2.5 degrees. In this zone the height of residential buildings is not specified, that means buildings can be developed up to a maximum of 9 meters. The building to be develop is nine meters tall, that means the building is allowed though there is 0.6 of a meter that is in excess because that is too small to provide a strong effect. The standards provide limits on the size that can be built on a lot, the reason for this is for the residents to have outdoor space and protect amenity of the neighborhoods. As per standards A5 and B8, the area that is occupied by the building should not exceed the size specified in the zone schedule, if not specified in zone schedule the maximum size allowed to be covered by the building is 60 percent. The zone in which the property is to be developed does not specify the amount of space that the building should cover, which means 60 percent cover will apply. The total site of the area to be developed is 585 meters squared and total area to be covered by the building is 348 meters square which is 60 percent of the total site area. This shows that the proposed residential property meets the required standards and should be allowed to be developed. Permeability is also considered before a building is set up in Victoria. If the land surface is hard and cannot absorb water the volume of storm water will increase and it will increase the pressure on drainage system and water in the downstream will be highly contaminated. To manage this there is a standard that limits the amount of hard surface in a residential building; the standard is A6 and B9. The standard requires that 20 percent of the surface in a residential lot should be impermeable. In the proposed residential development the total permeable area is 165 meters squared which is 28 percent of the total area. This means the proposed development meets the standard of permeability and permit should be granted to the developer to start developing it. The neighborhood has a character that is set up by the way buildings are setup. In the proposed residential development the neighborhood is characterized by short buildings with two levels only, ground floor and first floor. Another thing is that most of the buildings in the area has been built with timbers and roofed with tiles and iron sheets. The houses are also surrounded by trees, front fences are short and from the street you can see the residential compound. The residential proposed to be developed in many characteristics respect the neighborhood characteristics but it does not in a few areas. The buildings in the area are mainly of one unit and two unit’s levels and the residential that is to be developed is of three units, which means those who will be living in the third unit can see what is happening in the surrounding buildings. Standard A12 and B19 require that new developments provide adequate daylight to existing windows. The proposed development will be surrounded by two buildings Tharratt Street double story brick town house and No. 2a and Dundas Street double story brick flats No. 72. Buildings that are being developed should provide a light court to the existing window with a minimum area of 3 meters square and one meter clear from the sky. The shadow from the new building will not affect much building No. 2a but to an extend it will affect building No.72 at 3 pm. The shade will minimize the amount of sunlight the existing windows get. This will be a setback to the neighborhood amenities, but this will not stop the development because the sunlight will be prevented for a short time. The color of the materials used for building and roofing marches the character of the neighborhood. Roofing will be done using a red metal cladding; most of the buildings in this area are roofed with red materials. Also the walls are built using red bricks that also matches the color of the existing buildings. Privacy also matters in a residential area. There are standards that regulate overlooking in residential areas. The standard protects existing windows and private open space from overlooking. Windows, balcony, terrace, and patio should be placed in location that will avoid direct view into private open place and room windows of existing buildings within 9 meters. The view should be 45 meters from the window plane or balcony perimeter. The distances between the existing buildings and new building will be more than 10 meters, furthermore there are many trees surrounding the existing buildings this will prevent overlooking. Front fences should be lower than other fences as per the standards, such that buildings and vegetation is visible from the street, this will contribute to streetscape. The fences should also compliment the design of the dwelling and front fences in the neighborhood. The maximum height of the front fence is 2 meters. The front fence is normally 3 meters from the street. The height of the front wall is 2.7 meters which means it conforms to the existing standards and the property should be allowed to be developed. Read More