CITY OF GREATER GEELONG PLANNING COMMITTEE MINUTES OF THE MEETING HELD AT CITY HALL GHERINGHAP STREET, GEELONG ON 31 JULY 2018

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1 CITY OF GREATER GEELONG PLANNING COMMITTEE MINUTES OF THE MEETING HELD AT CITY HALL GHERINGHAP STREET, GEELONG ON 31 JULY 2018 Meeting opened at 5pm 1. COMMITTEE MEMBERS PRESENT: Councillors Asher, Mason, Sullivan, Grzybek, Harwood, Murrihy, Murnane, Aitken 2. OTHER OFFICERS PRESENT: Erin Jones, Peter Smith 3. APOLOGIES: Nil 4. CONFIRMATION OF MINUTES: That the minutes of the meeting of 12 July 2018 as circulated be adopted Moved: Cr Mason 5. DECLARATION OF INTEREST: Seconded: Cr Grzybek Carried Nil 6. MATTERS FOR CONSIDERATION:

2 Development Hearings Panel Page 2 Application No: Applicant: Subject Land: Owner: Zone: Overlays: Listed Buildings: Existing Use: Proposed Use: PP Cotter Reid Architects 64 Hitchcock Avenue, BARWON HEADS K D Hateley Mixed Use Zone Special Building Overlay and Design and Development Overlay Schedule 25 Nil Dwelling Development of a Commercial Building and Use of Land for a Place of Assembly and Indoor Recreation Facility, and Reduction of Car Parking Indicates Objectors. Due to map size, not all objectors have been identified Subject Site 64 HITCHCOCK AVENUE, BARWON HEADS

3 Development Hearings Panel Page 3 Summary The subject site is located on the east side of Hitchcock Avenue approximately 45m south of Colite Street. It has a frontage to Hitchcock Avenue of 14.63m with a depth of 30.48m with an overall area of 446m². The site currently contains a single dwelling and associated outbuildings. A large tree is located within the front setback. The site is within a Mixed Use Zone and is subject to Design and Development Overlay Schedule 25 and a Special Building Overlay. The application proposes the construction of a double storey building which will contain a café and shop at ground floor and Well Being Centre (Medical Centre and Yoga Centre) and Place of Assembly at first floor. The shop, café and medical centre do not require planning permission due to meeting the conditions of the section 1 uses under the Mixed Use Zone. The only permit requirements are therefore for the use of a place of assembly, indoor recreation facility (yoga studio), the buildings and works and the waiver of car parking. The application was advertised by way of one sign on site and letters to the owners and occupiers of adjoining properties. As a result of public notification 14 objections were received. The objections related to the proposed waiver of car parking, noise, that the development was not in keeping with the preferred coastal village character, waste management and the removal of the existing tree. The application was assessed against the relevant zone and overlay provisions as well as the relevant State and Local Planning Policy. It was also assessed against the adopted Barwon Heads Structure Plan and Car Parking Particular Provision. The development was considered to be consistent with all the relevant decision guidelines and planning policy and it is therefore recommended that the application be supported subject to conditions. Alternate Officer s Recommendation with changes Moved: Cr Bruce HarwoodJim Mason Seconded: Cr Stephanie AsherPat Murnane That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Issue a Notice of Decision to Grant a Planning Permit for the Use and Development of an Place of Assembly and Indoor Recreation Facility, and Reduction of Car Parking at 64 Hitchcock Avenue, BARWON HEADS in accordance with the plans submitted with the application and subject to the following conditions:

4 Development Hearings Panel Page 4 Amended Plans 1. Prior to the commencement of the development, three (3) copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted 18 th January 2018 but modified to show: a) Finished floor levels in accordance with condition 9 b) Floor plans which clearly define each use including sqm c) Parking allocation for each use d) Deletion of bicycle spaces shown on the footpath. e) Removal of the seminar space (Place of Assembly) Endorsed Plans 2. The use and development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority. Prior to Commencement of the Development 3. Prior to the commencement of development, three (3) copies of a landscape plan prepared by a suitably qualified or experienced person, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale and show: a) A survey (including botanical names) of all existing vegetation to be retained and/ or removed; b) Details of surface finishes of pathways and driveways; c) A planting schedule of all proposed trees, shrubs and ground covers including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant; d) Landscaping and planting within all open areas of the site; e) Provide a street tree When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority. Waste Management 4. Prior to the commencement of the development, a waste management plan must be submitted to and approved by the Responsible Authority. The plan must provide details of a regular garbage collection service to each of the uses on the subject land, including information regarding the type of refuse bins, type/size of trucks, means of accessing bins and frequency of refuse collection, to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority

5 Development Hearings Panel Page 5 Street Works 5. Prior to the commencement of the development a Functional Layout plan must be submitted to and approved by the Responsible Authority. The plan must show all proposed changes in the Hitchcock Av road reserve, including footpath works and undergrounding of power. Overhead powerlines and power pole removal 6. The existing power pole shall be removed, and all overhead powerlines up to the nearest pole to the north shall be placed underground, in line with the existing undergrounding of power to the south. Drainage 7. The site stormwater system must be designed and installed such that the site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required to the satisfaction of the Responsible Authority. Stormwater Quality/Management 8. The site stormwater system must be designed and installed such that the site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required; to the Satisfaction of the Responsible Authority SBO Conditions 9. The proposed building must be constructed with finished floor levels a minimum of 300 mm above the applicable flood level of RL 2.20 m AHD. Prior to the Occupation of the Development 10. Unless otherwise approved in writing by the Responsible Authority, prior to the occupation of the development, the developer must: a) Construct the site stormwater system including connections for the development into the underground drain in Hitchcock Avenue, or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with City of Greater Geelong Standard Drawings; b) Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong; c) Remove any redundant vehicular crossings, reinstate kerb and channel and the footpath/nature strip area to match existing construction in the street; d) Construct and drain the common driveway; e) Clean and finish all external walls on or facing property boundaries; f) Complete the landscaping works in accordance with the endorsed plans; g) Complete all buildings and works in accordance with the endorsed plans.

6 Development Hearings Panel Page 6 h) Construct the car park including accessways, surface with an allweather sealed coat and linemark the car and accessways in accordance with the endorsed plans i) Implement the requirements of conditions 5 and 6. All to the satisfaction of the Responsible Authority Number of Health Service Providers 11. No more than 2 Health Service Providers may operate or conduct consultations in the premises at any one time, to the satisfaction of the Responsible Authority. Yoga Studio 12. Class sizes for the Yoga Studio must not exceed 10 people (excluding instructor) to the satisfaction of the Responsible Authority Security 13. All security alarms or similar devices installed on the land must be of a silent type to the satisfaction of the Responsible Authority. 14. Censored security lighting must be provided prior to the commencement of the use to the satisfaction of the Responsible Authority. Only lighting essential for the security of the site may operate when the facility is not in use. Lighting must not cause light spill on to the adjoining land to the satisfaction of the Responsible Authority Noise 15. No music or announcements may be audible outside the boundaries of the site to the satisfaction of the Responsible Authority. General Amenity 16. The amenity of the area must not be detrimentally affected by the use or development through the: a) transport of materials, goods or commodities to or from the land; b) appearance of any building, works or materials; c) emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; d) presence of vermin; to the satisfaction of the Responsible Authority 17. All solid wastes stored on site must be regularly disposed of so as not to cause nuisance to any persons on adjoining properties to the satisfaction of the Responsible Authority.

7 Development Hearings Panel Page No bottles or other waste materials may be removed from the site or emptied into external bins between the hours of 9.00pm and 7.00am the following morning. 19. The collection and disposal of rubbish from the premises (other than normal Council collection) must be conducted between 9.00am and 5.30pm Monday to Friday, to the satisfaction of the Responsible Authority. Expiry 20. This permit as it relates to the development of buildings will expire if one of the following circumstances applies: a) The development of the building(s) hereby approved has not commenced within two (2) years of the date of this permit. b) The development of the building(s) hereby approved is not completed within four (4) years of the date of this permit. c) The use hereby approved has not commenced within four (4) years of the date of tis permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or a) Within six (6) months after the permit expires where the use or development has not yet started; or b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry. Notes: 1. Construction of the site stormwater connection/s is to be inspected by Council Representative prior to any backfilling. An appropriate fee equivalent to 3.25% of total cost of civil works, excluding GST (a minimum fee of $100 applies if the 3.25% amount is less than $100), is to be paid to Council for inspection. Relevant evidential documentation of the cost is to be provided. 2. All internal property drainage must be designed and constructed to satisfy AS/NZS A Vehicle Crossing Permit must be obtained prior to commencement of works. Flooding 4. As the site is subject to flooding, the applicant is advised that any new habitable floors must be set above the applicable site flood level as determined by the Building Surveyor.

8 Development Hearings Panel Page 8 Flooding Overland Flow Paths 5. The Applicant is also advised to seek comment from the building surveyor on the requirement, if any, for overland flow paths to be provided on the site to convey major flows through the site in accordance with Clause of AS/NZS The relevant building surveyor must consider overland flood paths in accordance with Clause of AS/NZS Flooding Overland Flow Paths 5. The Applicant is also advised to seek comment from the building surveyor on the requirement, if any, for overland flow paths to be provided on the site to convey major flows through the site in accordance with Clause of AS/NZS The relevant building surveyor must consider overland flood paths in accordance with Clause of AS/NZS Carried

9 Development Hearings Panel Page 9 Report The Site & Locality The subject site is located on the east side of Hitchcock Avenue approximately 45m south of Colite Street. It has a frontage to Hitchcock Avenue of 14.63m with a depth of 30.48m with an overall area of 446m². Locality Plan The site currently contains a single dwelling and associated outbuildings. A large tree is located within the front setback.

10 Development Hearings Panel Page 10 Subject Site The adjoining property to the north currently contains a single dwelling. The site and the adjoining property have had planning approval for the construction of a double storey building containing four (4) shops and eight (8) dwellings. When this development proceeds the properties from Colite Street south to the subject site will all be developed with commercial buildings.

11 Development Hearings Panel Page 11 Adjoining Property The adjoining property to the south currently contains a single storey commercial building occupied by a retail premises.

12 Development Hearings Panel Page 12 Adjoining Property Directly opposite the site lots contain double storey commercial buildings and single storey dwellings.

13 Development Hearings Panel Page 13 Opposite Subject Site To the rear of the site lots are zoned Residential Growth Zone Schedule 3 and contain single dwellings. The subject site and adjoining properties fronting Hitchcock Avenue are within a Mixed Use Zone and are subject to Design and Development Overlay Schedule 25 (Barwon Heads Town Centre). The subject site is also subject to a Special Building Overlay which covers the north east corner of the site.

14 Development Hearings Panel Page 14 Proposal Zoning Map The application proposes the construction of a double storey building which will contain a café and shop at ground floor and Well Being Centre and Place of Assembly at first floor. At ground floor the building will contain the café and shop. The entrance to the upper floor will be located on the north side of the building accessed via the driveway. Five car spaces are proposed at the rear of the site which will partially be undercover with the first floor cantilevering over.

15 Development Hearings Panel Page 15 Ground Floor Plan The first floor will contain the proposed Well Being Centre. The Well Being Centre will compromise a Yoga Studio and Medical Centre with two practitioners. It will also contain a seminar space (place of assembly) which is proposed to be leased out for events of 40 people. A lobby and reception area as well as a kitchen, male and female change rooms and toilets will also be provided. First Floor Plan The café and shop are permit not required uses in a Mixed Use Zone provided the leasable floor area does not exceed 150 square metres. The leasable floor areas for both the café and shop do not exceed 150 square metres. The café has a floor area of 59 square meters and the shop has a floor area of 80 square meters. A medical centre is also a permit not required use provided the gross floor area does not exceed 250 square metres. The medical centre takes up less than 200 square metres of the first floor. The entire first floor has a gross floor area of 295

16 Development Hearings Panel Page 16 square metres. The seminar space has a floor area of 57 square meters and the recreation space has a floor area of 54 square metres. The shop, café and medical centre uses therefore do not require planning permission The only permit requirements are for the use of a place of assembly, indoor recreation facility (yoga studio), the buildings and works and the waiver of car parking. The development is proposed to be constructed from a mix of materials including timber cladding, masonry and concrete breeze blocks. The development will have aluminium window and door frames with sheet metal roofing. A pergola is proposed over the outdoor seating area in front of the café and a balcony at first floor with glass balustrade is proposed fronting the street. The development will have an overall height of 8.2m. Street Elevation The development has a statutory car parking requirement of 25 spaces. A breakdown of the required car spaces for each use is located later in the report under the car parking assessment. A total of 5 car spaces have been proposed and therefore a reduction of 20 spaces is sought. No designated on site loading bay has been provided.

17 Development Hearings Panel Page 17 Greater Geelong Planning Scheme Definition and Nesting Shop Pursuant to Clause 74 a Shop is defined as: Land used to sell goods or services, or to hire goods. It includes the selling of bread, pastries, cakes or other products baked on the premises. It does not include food and drink premises, gambling premises, landscape gardening supplies, manufacturing sales, market, motor vehicle, boat, or caravan sales, postal agency, primary produce sales, or trade supplies. Pursuant to Clause a Shop is nested under the Retail Premises Group. Food and Drink Pursuant to Clause 74 a Food and Drink Premises is defined as: Land used to prepare and sell food and drink for immediate consumption on, or off, the premises. Pursuant to Clause a Food and Drink Premises is nested under the Retail Premises Group. Medical Centre Pursuant to Clause 74 a Medical Centre is defined as: Land used to provide health services (including preventative care, diagnosis, medical and surgical treatment, and counselling) to out-patients only. Pursuant to Clause a Medical Centre is nested under the Office Group Place of Assembly Pursuant to Clause 74 a Place of Assembly is defined as: Land where people congregate for religious or cultural activities, entertainment, or meetings. Pursuant to Clause a Place of Assembly is nested in the Place of Assembly Group. Indoor Recreation Facility Pursuant to Clause 74 an Indoor Recreation Facility is defined as: A building used for indoor leisure, recreation, or sport. Pursuant to Clause an Indoor Recreation Facility is nested in the Leisure and Recreation Group.

18 Development Hearings Panel Page 18 Zone The subject site and land to the immediate north south and west are located within the Mixed Use Zone. The purpose of zone is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality. To provide for housing at higher densities. To encourage development that responds to the existing or preferred neighbourhood character of the area. To facilitate the use, development and redevelopment of land in accordance with the objectives specified in a schedule to this zone The land to the east of the site is located in the Residential Growth Zone (Schedule 3). The purpose of the zone is: Overlay To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide housing at increased densities in buildings up to and including four storey buildings. To encourage a diversity of housing types in locations offering good access to services and transport including activity centres and town centres. To encourage a scale of development that provides a transition between areas of more intensive use and development and other residential areas. To ensure residential development achieves design objectives specified in a schedule to this zone. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations The subject site is included within the Design and Development Overlay Schedule 25 (Barwon Heads Town Centre). The design objectives of Schedule 25 are: To protect the existing views and vistas from the Town Centre and reinforce the Town Centre s proximity to the Barwon River and the coast. To enhance the established coastal character of the Town Centre. To provide an attractive, safe and accessible environment within the Town Centre. To encourage development within the Town Centre to provide an appropriate interface to protect the amenity of surrounding residential areas.

19 Development Hearings Panel Page 19 Part of the site is included within the Special Building Overlay. The purpose of the overlay is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority. To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria). Permit required clause and condition Pursuant to Clause of the Mixed Use Zone a permit is required to use the land for a place of assembly and indoor recreation facility. Pursuant to Clause of the Mixed Use Zone a permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause Pursuant to Clause of the Design and Development Overlay a permit is required to construct a building or construct or carry out works. Pursuant to Clause of the Special Building Overlay a permit is required to construct a building or construct or carry out works. Pursuant to Clause (Car Parking) a permit is required to reduce the number of car parking spaces required under Clause Restrictive Covenant There is no restrictive covenant affecting the site. Cultural Heritage Management Plan (CHMP) Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is not listed as an exempt activity. Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations Part 2 - Division 3 identifies the site or part of the site as within an area of cultural heritage sensitivity.

20 Development Hearings Panel Page 20 High impact activities are defined within Part 2 - Division 5 of the Aboriginal Heritage Regulations Part 2 - Division 5 lists the proposal as a high impact activity. The site is not considered to have been the subject of significant ground disturbance which is defined as disturbance of (a) the topsoil or surface rock layer of the ground or (b) a way - by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping. In accordance with the above assessment, a Cultural Heritage Management Plan is required and a Cultural Heritage Management Plan has been approved. COASTAL INUNDATION AND EROSION: Clause of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change. Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes. The subject site is located within close proximity of existing urban development. Councils data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at LANDFILL GAS RISK ASSESSMENT Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The EPA has adopted the Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills (September 2010) or Landfill BPEM..

21 Development Hearings Panel Page 21 The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained nonputrescible waste. Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated. All buildings and structures and associated infrastructure should be considered. The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required. DEVELOPMENTS IN BUSHFIRE PRONE AREAS Clause (Bushfire) seeks to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. The policy must be applied to all planning and decision making under the Planning and Environment Act 1987 relating to land which is: Within a designated bushfire prone area; Subject to a Bushfire Management Overlay; or Proposed to be used or developed in a way that may create a bushfire hazard. The proposal is listed at Clause as one of the uses or developments which should be considered: Subdivisions of more than 10 lots. Accommodation. Child care centre. Education centre. Emergency services facility. Hospital. Indoor recreation facility. Major sports and recreation facility. Place of assembly. Any application for development that will result in people congregating in large numbers. The site is not located within a designated bushfire prone area. Officer Direct Or Indirect Interest: No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act.

22 Development Hearings Panel Page 22 State Planning Policy Framework 15 - Built Environment and Heritage Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. Creating quality built environments supports the social, cultural, economic and environmental wellbeing of our communities, cities and towns. Land use and development planning must support the development and maintenance of communities with adequate and safe physical and social environments for their residents, through the appropriate location of uses and development and quality of urban design. Planning should achieve high quality urban design and architecture that: Contributes positively to local urban character and sense of place. Reflects the particular characteristics, aspirations and cultural identity of the community. Enhances liveability, diversity, amenity and safety of the public realm. Promotes attractiveness of towns and cities within broader strategic contexts. Minimises detrimental impact on neighbouring properties Urban Design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Strategies Promote good urban design to make the environment more liveable and attractive. Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context. Ensure sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality.

23 Development Hearings Panel Page 23 Ensure transport corridors integrate land use planning, urban design and transport planning and are developed and managed with particular attention to urban design aspects. Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals Business Objective To encourage development which meet the communities needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Strategies Locate commercial facilities in existing or planned activity centres. Provide new convenience shopping facilities to provide for the needs of the local population in new residential areas and within, or immediately adjacent to, existing commercial centres. Provide outlets of trade-related goods or services directly serving or ancillary to industry and which have adequate on-site car parking. Locate cinema based entertainment facilities within or on the periphery of existing or planned activity centres. A five year time limit for commencement should be attached to the planning approval for all shopping centres or expansions of over 1,000 square metres in floorspace. Local Planning Policy Framework Municipal Strategic Statement Flooding The objective of Clause of the Municipal Strategic Statement is to: protect floodplains. minimise the potential for damage and risks to public safety and property from flooding.

24 Development Hearings Panel Page 24 Strategies Ensure that land use and development is compatible with flood prone land. Discourage land use and development in floodplains where flood function may be impaired. Recognise flood hazards associated with waterways and ensure the free passage of water whilst protecting development from flooding impacts Retail The objective of Clause of the Municipal Strategic Statement is to: facilitate the development of vibrant and viable retail activity centres in accordance with the Geelong Retail Activity Centre Hierarchy included at Clause ensure all major retail developments, and out of centre developments, provide a clear net community benefit. avoid the risk of exacerbating problem gambling. Strategies Ensure that new retail development is directed to activity centres and is consistent with the role and function described in the Retail Activity Centre Hierarchy included at Clause Ensure Central Geelong remains the primary retail activity centre in the G21 Region and the focus of retail activity in the G21 region. Direct restricted retail (bulky goods) use and development to Central Geelong, the nominated homemaker precinct at Waurn Ponds, the Corio homemaker precinct subject to appropriate re-zoning and other homemaker precincts and activity centres as detailed in Clause Discourage restricted retail (bulky goods) development in industrial areas. Encourage a mix of retail, office, cafes, entertainment, housing, education and community facilities to locate within activity centres. Support accommodation uses above ground level floor space in activity centres subject to appropriate provision of parking and access requirements. Require that applications for new centres establish the retail need for such use and development and demonstrate that there are no adverse impacts on the operation of the retail activity centres hierarchy. Direct the location of gaming machines to venues that makes gaming accessible but not convenient as detailed in Clause

25 Development Hearings Panel Page The Bellarine Peninsula The objective of Clause of the Municipal Strategic Statement is to: protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements. facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as hubs of development and service provision on the Bellarine Peninsula. In all other townships on the Bellarine Peninsula provide retail, commercial and community uses and facilities that serve the daily needs of the community and encourages street based activity. provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community. preserve the individual character, identity and role of each Bellarine township. Strategies Ensure that development responds to the identity and character of the individual township in which it is located. Protect rural and coastal environments from inappropriate urban encroachment. Ensure land use and development proceeds generally in accordance with the relevant Structure Plan maps included in this Clause. Ensure that development outside of settlement boundaries (as shown in the Structure Plan maps included in this clause) does not compromise the rural, environmental and landscape values of the non-urban breaks or longer term growth opportunities. Direct the bulk of residential growth and retail development to Ocean Grove, Drysdale/Clifton Springs and Leopold consistent with the relevant Structure Plan maps included in this clause. Direct bulky goods retailing and industrial development to existing and future areas as identified in Structure Plan maps included in this clause. Barwon Heads: Maintain a compact urban form and avoid outward sprawl. Protect the unique character of Barwon Heads as a coastal village located within a sensitive environment and significant landscape setting. Ensure the Hitchcock Avenue shopping centre remains the focus of retail activity in Barwon Heads. Restrict new commercial development to the existing business and mixed use zones in Hitchcock Avenue between Bridge Road and Ozone Road and the south side of Bridge Road. Ensure new housing development complements the character of Barwon Heads and provides for a variety of housing sizes and types. Support the continued development of 13th Beach Support the continued development of 13 th Beach Resort as a tourist destination. Continue upgrading the Barwon Heads Village Park and foreshore reserves in accordance with established master plans.

26 Development Hearings Panel Page 26 Support development of appropriate tourist accommodation around the Barwon Heads town centre. Referrals Engineering Referral Response No objection subject to conditions Officer Comment Generally the suggested conditions will be placed on the permit. Engineering SBO HAZARD ASSESSMENT For the 1% AEP flood under current climatic conditions the property would be subject to flooding from catchment runoff with: Flood hazards assessed (D>0.35m, V>1.5m/sec or VD>0.35m2/sec) No Flood hazard plan produced and attached as part of report Flood depth over property likely to range between Flood depth affecting access to the property likely to reach FLOOD ASSESSMENT Property Maximum Flood RL for estimated 1% AEP flood event Assessed Minimum Habitable Floor Level RL Assessed Minimum Other Floor Level RL Flood map for property produced and attached as part of report Flood extents established and included on flood map Overland flow path(s) identified and indicated on flood map No metres metres 2.20 m AHD 2.50 m AHD 2.35 m AHD COMMENTS: Ground level information indicates that the site has relatively little grade and that a large portion of the rear of the property is below the Applicable Flood Level (AFL) of RL 2.20 m AHD. Flood map shows ponding type flooding related to overland flows to Grandview Pde pump station. Overland flows in Hitchcock Av are not shown. Flood Advice provided by council advised of an AFL 2.20m AHD and a habitable FFL 2.50m AHD. Proposed development could lead to loss of flood storage. Preferred property drainage, in order to prevent increase in flooding within Hitchcock Avenue, would comprise on-site detention and connection to existing easement drain within 13 Grandview Parade. This should be investigated by Development Engineer. PROPOSAL DECISION Non-objection to permit application with conditions Yes Yes No

27 Development Hearings Panel Page 27 Officer Comment The required conditions will be placed on the permit should a permit be granted. Traffic Referral Response Internal Referral Advice to Planner The application proposes the following components: Ground Level Retail shop (80 m 2 nfa) Café (52 seats) First Floor Level Seminar Room Yoga Studio Therapy Room Suite 1 and 2 It is not clear how the rooms on the first floor will operate. It appears that there are up to five separate tenancies on the first floor, and two at ground level (seven tenancies in total). Five car spaces are provided at ground level at the rear of the site. There is no street pedestrian access for the first floor. For sense of address purposes, there must be a pedestrian access point that fronts Hitchcock Av. It is noted that a medical centre is not mentioned in the above description, however within the applicant s Traffic Report it states that a medical centre is an intended use. On the eastern side of Hitchcock Av from the pedestrian crossing to the south up to the Post Office, there are nine car spaces with current 2P restrictions. These restrictions are of no benefit to the development site, as it does not encourage a high turnover of the spaces. Any reduction in time of these parking restrictions would be at the discretion of the Traffic Engineering unit, and will be subject to consultation. The Traffic Report indicates that the development has a statutory parking demand for 28 car spaces. Only five on-site car spaces are provided. No information is provided about delivery arrangements or waste collection. In strip shopping areas such as that in Hitchcock Av, most commercial premises (those that are subject to parking waivers) would incorporate parking waivers. For the shop and café, applying parking waivers would be consistent with all similar uses in the street. One on-site car space for each tenancy is sufficient, and is based on the likelihood that patrons will already be in the area, or can walk or ride to the site.

28 Development Hearings Panel Page 28 The number of seats contained in the café is a concern. 52 seats would have a daytime demand for about 10 car spaces (@ 0.2 car spaces per seat). At most times during normal business hours, there isn t an existing 10 available car spaces. What car spaces are available are soon taken up, and all other existing businesses are reliant on those spaces. The report also claims the size of the café will only require two staff. A 52 seat café would find it very difficult to operate with only two staff. It is recommended that the number of seats in the café be reduced to not more than 40 seats. As previously mentioned, an on-site car park of five spaces is insufficient for a use with seven tenancies. The development will have to be scaled back to five tenancies, and must include parking for medical practitioners. The proposed Seminar Room must be assumed to be an office suite, otherwise more information is required as to how it will function, operating times, etc. With regards to the proposed yoga studio proposed on the first floor, no information is given about operating hours of each use. This is critical, as maximum numbers of 10 patrons is not sustainable during normal business hours in terms of car parking. It is recommended that the hours of operation be limited to 6 9 am and after 5 pm seven days/week. As a general comment, these traffic engineering comments should not be seen as being negative to the development of the site. All new development of land that has previously never been commercial must be seen to be sustainable and must not overly affect the viability of existing businesses and the amenity of the area. TrafficRecommendation Response A Traffic Report (prepared by Cardno) has been submitted to support the application. The report has two glaring flaws: 1. The parking survey of the area was done in mid-winter (July) in The claim that the parking in the area is only an issue over the Christmas/New Year period, with no evidence to prove otherwise. Personal observations made over a number of years and at different times of the year suggest that Hitchcock Av, from Bridge Rd up to Ozone Rd, has high levels of on-street parking demand. It is a well-known problem in Barwon Heads that is the source of resident frustration, and this is a common theme in all of the objector s comments.

29 Development Hearings Panel Page 29 Other Comments from Traffic There is an existing power pole carrying overhead electrical wires and also a CCTV camera. The poles and overhead wires have been removed to the south of this pole. With the spread of commercial zone to the north, it is aspirational that this theme be continued. There should be a requirement on the developer to facilitate the removal of the power pole, with the overhead wires placed under the footpath. The footpath surface treatment will have to match that to the south of the site. Provision of a street tree will also need to be included to follow the theme to the south. The existing vehicle crossing must be retained in its present location. No widening is permitted in order to preserve the current marked on-street parking bays. The proposal to facilitate bicycle racks as part of the development is not supported. If bicycle racks are to be installed, they can be retrofitted. Non-Standard Conditions To the satisfaction of the Responsible Authority, amended plans must be provided to show an entry door to access the first floor located directly on Hitchcock Avenue, and mail boxes for each tenancy clearly shown on the Ground Floor plan. Amended plans must be provided to clearly show there is a maximum of five tenancies, with each tenancy having access to one onsite car space each. The bicycle spaces shown on the footpath must be deleted. Seating in the café must be capped at a maximum of 40 seats, and the seating and table arrangement clearly shown on the Ground Floor plan to the satisfaction of the Responsible Authority. The operating hours for the recreation facility (yoga studio) shall be limited to am and after 5 pm on all days, unless otherwise approved of in writing by the Responsible Authority. A maximum of two medical practitioners are allowed on-site at any one time. The medical practitioners must be of a specialist nature, and use as a general medical practice or dentistry practice is prohibited Waste Management A Waste Management plan must be provided, and must include information about storage location, collection method, conveyance method between the storage location and the street (if a council collection is proposed), and medical waste management.

30 Development Hearings Panel Page 30 Street Works A Functional Layout plan must be provided to show all proposed changes in the Hitchcock Av road reserve, including footpath works and undergrounding of power. Overhead powerlines and power pole removal The existing power pole shall be removed, and all overhead powerlines up to the nearest pole to the north shall be placed underground, in line with the existing undergrounding of power to the south. Officer Comment Generally the recommended conditions will be placed on the permit should a permit be granted. As stated earlier in the report the café does not require planning permission. Therefore conditions relating to patron numbers can not be included on the permit. It is not considered necessary to amended the plans to have an entry door to the first floor fronting Hitchcock Avenue. Given the proposed tenancies it is also considered that mailboxes on site are not required as it is likely that the tenancies will utilise post office boxes or have different mail addresses. The car parking requirement for a café is also based on floor area and not seating numbers. The yoga studio does not have a statutory car parking requirement. Given that the site is within a Mixed Use Zone it is not considered appropriate to include operating hours on the permit restricting the class times to before and after normal business hours. The seminar room is to be used as a place of assembly and is not considered to be an office use. The proposal consists of a shop, café, medical centre, seminar space and yoga studio. Therefore there are not 7 tenancies as suggested by the traffic comments, there are only 5. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The applicant made a request to amend the application pursuant to Section 50 of the Planning and Environment Act 1987 on 18 th Jan 2018 Council accepted the amendment. The amendment made the following changes to the application: Amend overall development Include proposed uses These are the plans that form the basis of this report.

31 Development Hearings Panel Page 31 PUBLIC NOTIFICATION: The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken: Notices were sent to owners and occupiers of adjoining land (including opposite) A3 sign(s) was/were placed on the land As a result of public notification a total of 14 objections. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. Objection Noise impacts in association with the proposed uses. Comment The proposed indoor recreation facility will be used as a yoga studio. Yoga practice is generally a quiet practice with low level music. It is therefore considered that this use will not generate an unreasonable level of noise. Business will also be required to make sure they are compliant with EPA guidelines. There is no permit requirement for the proposed café. Therefore the noise impacts associated with this use can not be controlled through planning permit conditions. Objection Further change to the preferred coastal village Comment As per the assessment contained within the report below it is considered that the development is consistent with existing planning provisions as well as the recently Barwon Heads Structure Plan. While it is acknowledged that the development will be a departure from the existing development on site, it is considered to be consistent with the requirements of the Design and Development Overlay and therefore will have no adverse impacts on the preferred coastal village. Objection Waiver of car parking, already issues with car parking and a further waiver will result in increased strain on the surrounding residential areas.

32 Development Hearings Panel Page 32 Comment The application was referred to Councils traffic department who provided a response in regards to the proposed waiver of car parking. The traffic department was supportive of the proposed waiver subject to conditions. The suggested conditions have been included in the recommendation where appropriate. The Wellness Centre will more than likely be utilised predominately by residents of Barwon Heads and Ocean Grove and those that are already within the area. While it is considered to be a destination use they are not considered to result in an adverse demand for available on street car parking within the area. This includes the medical centre which will likely operate via appointment. The café and shop will likely be utilised by patrons that would have already been within the area to look and local stores or attend a café. It is acknowledged that the seminar space may have a greater parking demand. However it is unlikely that this space will be utilised at all times given the size and location. It is not considered that this will result in an unreasonable impact on the available car parking within the area. The township of Barwon Heads does have an influx of visitors during the summer months and on weekends. It is acknowledged that parking availability at these times is less than within the winter months and week days. However it is not considered that an additional shop and café will result in a significant increase that would have adverse impacts on the availability of on street car parking to such an extent that would warrant refusal of the application. Objection No provision of delivery vehicles and provision of commercial waste. Comment It is considered appropriate to require a waste management plan to be submitted to and approved by the Responsible Authority as a condition of the permit should a permit be issued. This is consistent with similar developments approved within the area. Objection Large tree at the front of the property should not be removed. Comment There are no tree protection overlays on the property and therefore the tree could be removed at any time without planning permission.