TOWN PLANNING ASSESSMENT KAUFLAND SUPERMARKET NETWORK VICTORIAN ENTRY PROPOSAL. PART FIVE MAROONDAH HIGHWAY, CHIRNSIDE PARK Revision 2

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1 TOWN PLANNING ASSESSMENT KAUFLAND SUPERMARKET NETWORK VICTORIAN ENTRY PROPOSAL PART FIVE MAROONDAH HIGHWAY, CHIRNSIDE PARK Revision 2 1

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3 Table of Contents Part Five Maroondah Highway, Chirnside Park Local strategic context Site context Planning permit history The Subject Site Site Interfaces Key contextual cues Proposal Proposed use and development Layout and built form Signage Planning Policy Context Plan Melbourne & State Planning Policy Framework Local Planning Policy Framework Planning scheme controls Planning merits Key planning considerations Is the proposal supported by strategic policy directives? Consistency with zone and other provisions Are acceptable built form, urban design, & streetscape outcomes achieved? Will the development be adequately serviced and accessible? Conclusion Net community benefit State level planning objectives Proposed planning framework & approval mechanism Proposed use and built form

4 Part Five Maroondah Highway, Chirnside Park 1 Local strategic context The subject Site is located on the south east-corner of Maroondah Highway and Fletcher Road in Chirnside Park. The Site is within the Chirnside Park Major Activity Centre (MAC) which includes Chirnside Park Shopping Centre located approximately 400m north of the site. The Maroondah Highway runs along the northern boundary of the site and south of Fletcher Road. Manchester Road runs north-south behind the vacant lot at the site s southern boundary. Directly south-west of the site is a mix of residential, commercial and industrial zoned land. The Site is part of a former business park known as East Ridge Business Park, which has partially been developed. The site is also located within the Chirnside Park Activity Centre as designated by clause of the Yarra Ranges Planning Scheme. The Site is approximately 31km north-east of the Melbourne CBD. Subject Site Site Context Source: Existing vehicle access into the site will continue to utilise the traffic arrangements from East Ridge Drive. The traffic arrangements for the previously approved use and development on site being a Dan Murphy s and Masters development and include access to the site from Fletcher Road and East Ridge Drive with truck access via a separate road off East Ridge Drive. There is a bus stop located on the Maroondah Highway frontage of the Site, servicing the following bus routes: Bus Route Ringwood - Lilydale via Croydon & Chirnside Park. Bus Route Eildon - Melbourne via Lilydale Station. Night Bus Route 963 Croydon - Kilsyth - Mt Evelyn Lilydale and Bus Route and Night Bus Route 964 to Ringwood - Mooroolbark Lilydale. The two closest train stations are Mooroolbark Station located approximately 3.7km south of the site which can be accessed from Manchester Road which runs north-south towards the rear of the site and Lilydale Station approximately 3.7km north east of the site access from the Maroondah Highway. 4

5 Subject Site Extract of Local Area Map, Yarra Ranges Source: Public Transport Victoria 5

6 2 Site context 2.1 Planning permit history The subject Site is subject to several historic planning permit applications including: Planning Permit YR-2007/646 issued on 6 June 2008 for a staged subdivision of building and land in plan of consolidation R and lot 1 on title plan A into 38 lots and balance of lot S2 with common property and removal of easement E-3, E-4 and E-5 on plan of consolidation R in accordance with endorsed plans. This application allowed the creation of the road and open space requirement on the Section 173 Agreement that is registered on title. Planning Permit YR-2009/1457 issued on 24 March 2011 for the use of the land for a place of assembly (licensed club and gaming and conference / function rooms), restricted recreation facility (gymnasium), retail premises (day spa); use of the land for the sale and consumption of liquor for other land uses; installation and use of 70 gaming machines; buildings and works; reduce the car parking and bicycle parking requirements. This permit has expired. Planning Permit YR-2014/338 that allows the development for the purposes of restricted retail premises (Trade Supplies) and Retail Premises (Bottle Shop), Reduction in Car Parking and Bicycle Parking Requirements and to use land to Sell Liquor and Internally Illuminated Business Identification Signs and Pylon Sign. The application was approved at a Council meeting on 22 December This allowed the building of a Dan Murphy s and a Masters Home Improvement Store, this permit has been partially acted upon through given the construction of the Dan Murphy s that is currently operating onsite and other associated works. There is a current planning permit application YR-2018/408 pending on site, lodged on 8 May 2018 for a multi-lot subdivision and creation and removal of easements. Subject Site Subject Site Source: Nearmap,

7 2.2 The Subject Site The current title is Lot 50 on Plan of Subdivision 54466H and the registered proprietor is KFT Investments Pty Ltd. The title has a Section 173 Agreement registered under dealing number AQ595139J and establishes obligations on the owner in respect of road creation and public open space. Subject to the approval of YR-2018/408 the subject site will be known as Lot 90 on PS544666H / S3. The site has a total area of ha and is an irregular shaped lot with a frontage to the Maroondah Highway. Vehicle access to the site is via the Maroondah Highway through East Ride Drive. The existing accessway on Fletcher Road currently servicing the Dan Murphy s will be extended to allow a second point of vehicle access. The site is currently vacant with large level changes over the area. The Preliminary Geotechnical Assessment prepared by Cardno Victoria Pty Ltd (June 2018) refers to the aerial photographs on the site showing several structures, significant earthworks, construction, and stockpiling of materials on site since This assessment refers to the site being subject to extensive cutting and filing and numerous stockpiles of deleterious material on site. There is a significant fall from east to west of approximately 15 metres. A pedestrian walkway is constructed from the corner of Fletcher Road along the Maroondah Highway connecting to the common property driveway. There is a constructed retarding basin in the south-west corner of the site. Panoramic view of the subject site from Maroondah Highway Cultural heritage The southern boundary of the site intersects with an area of Aboriginal cultural heritage sensitivity defined on the basis of proximity to a registered Aboriginal cultural heritage place (an artefact scatter VAHR ). The Preliminary Ecological and Cultural Heritage Assessment prepared by Eco Logical Australia Pty Ltd (6 June 2018) states that VAHR has been completely removed from its original location near the subject site, and no further heritage work is required in relation to this Aboriginal cultural heritage place. Further, the assessment finds that the area of cultural heritage sensitivity mapped around the primary coordinate recorded for VAHR includes ground surfaces that are likely to have been significantly disturbed as defined by the Aboriginal Heritage Act 2006 (Vic), and are therefore no longer an area of cultural heritage sensitivity. Council s report of Tuesday 22 December 2015 that considered Planning Permit YR-2014/338 states that a Cultural Heritage Management Plan was submitted with a 2009 application and found that the site had been extensively disturbed. 2.3 Site Interfaces 7

8 2.3.1 North Located on the north-east corner of Maroondah Highway and Fletcher Road is a Dan Murphy s retail store. To the east of Dan Murphy s is vehicle accessway from Fletcher Road. Further east is presently a car wash that aligns with the north eastern boundary of the site and adjacent to this an office building. The northern side of Fletcher Road is zoned mixed-use and consists of a range of retail premises (Red Rooster, Hungry Jacks), an electricity exchange and a recent commercial development with a Ten Pin Bowling Centre and other retail uses. View east towards Fletcher Road with Dan Murphy s in foreground 8

9 View east of subject site interface with Dan Murphy s East East of the subject site is a vacant lot zoned Residential Growth Zone Schedule 3. This lot is part of YR- 2018/408 and is 9.28 ha lot identified for future residential development with an eastern boundary to Manchester Road. View from East Ridge Drive towards the east of the site 9

10 View east of vacant lot to the rear of the site South Directly south of the site is 1 East Ridge Drive, consisting of a three-storey mixed-use commercial building with a range of tenancies including food at drink at ground and offices above accessed from East Ridge Drive and Lifestyle Lane with at-grade car parking located further south. East of Lifestyle Lane is a warehouse. These buildings also form part of the future subdivision pending under YR-2018/408. Views from Maroondah Highway towards the south-east of the site 10

11 Southern interface West The primary frontage to the site is the Maroondah Highway. West of the site is a vacant triangular shaped site. This site is designated as a mixed-use precinct under clause Maroondah Highway has previous planning permit YR-2012/756/A approved on site for the, Development and use of part of the land for shops, development for 46 dwellings, reduction to the requirement to providing the number of car parking spaces required under Clause and creation of access to a Road Zone Category 1 (Maroondah Highway). 11

12 View from East Ridge Drive opposite the site with Chirnside Park Shopping Centre in background and Maroondah Highway in foreground Emerging context The site is earmarked for future growth through is designation within the Chirnside Park MAC. It is evident through the previous history of planning permits issued for the site and surrounding land and recent construction activity that the area is undergoing change. It is anticipated that a medium density housing development will occupy the land directly east of the site given its residential growth zoning. 2.4 Key contextual cues The key contextual elements that have been taken into account and informed the preparation of the design response include: Previous approvals for the site including the approved subdivision permit and previous development permit for the Dan Murphy s and Masters stores. The pending subdivision application. The site s Commercial 1 Zoning. The existing vehicle access arrangements to and from the site and access to the Maroondah Highway. The Sites designation as a mixed-use precinct within the Chirnside Park Activity Centre. 12

13 3 Proposal 3.1 Proposed use and development It is proposed to construct a supermarket with associated car parking. The proposal is illustrated within the drawings of Leffler Simes Architects and the consultant assessments submitted with the application. Broadly, the application proposes the following: Use and development of the site for 6,886sqm building containing the following, inter alia: - 3,610sqm of supermarket floor area sqm bottle shop sqm food hall and 134sqm outdoor area. - Two complimentary tenancies totalling 258sqm. - Associated inhouse facilities including 1,360sqm back of house facilities, 239sqm of administration. - Loading area. - Associated signage (refer details below). - A total of 38 bicycle spaces. A total of 425 car parking spaces to be allocated as follows: 401 standard spaces. 10 accessible spaces. 14 family spaces. The Kaufland store will involve employment generation in the order of ongoing jobs. There is one separate proposed development shown on the plans that will be subject to future planning approval. 3.2 Layout and built form The proposed development adopts a built form and scale reflective of the scale of the previously approved Masters on site. Extensive car parking will be oriented towards the Maroondah Highway frontage of the site. Vehicle access will utilise existing access arrangements including the existing customer entry / exit from Fletcher Road and the Maroondah Highway entry / exit to East Ridge Drive. Loading and deliveries are located at the east towards the rear the site and will be accessed off Fletcher Road. The building is oriented towards the car parking area to provide visibility of the car park and safety of the public realm. The proposed development adopts a built form typical of a supermarket and will consist of a single storey building comprising a mix of feature cladding as described below. The building will be 9m in height with a feature parapet of 11m North elevation The northern interface will be feature four product signs and a business identification sign. Loading facilities are located towards the eastern end. 13

14 This elevation will be mostly clad in light grey with metal battens in a timber pattern attached to the building at the western end adjoining the feature parapet. The feature parapet wraps around the western elevation and is the main pedestrian access point for the building. The parapet incorporates metal battens in a timber pattern, black powder coated aluminium windows at ground and feature cladding in white and a business identification sign above ground. A steel entry canopy is attached to the elevation East elevation The eastern (rear) elevation will be clad in light grey and will feature one business identification sign. The elevation will incorporate several powder-coated aluminium louvres in light grey to provide a visual break. There are three windows and an external staff access door at the southern end for employee access and amenity. There is no customer access from this elevation South elevation The southern building elevation will be mostly clad in light grey with a portion of white cladding with an attached steel entry canopy at the western end. At its eastern end the building will incorporate clear doubleglazed highlight windows. This elevation will feature two business identification signs and two product signs. There is no customer access from this elevation West elevation The western elevation provides a clearly defined and recognisable customer entry to the building with the parapet described above wrapping around the southern end. The parapet holds for approximately 15m of the frontage before transitioning to the main building and a height of 9m. The central portion of the western elevation comprises powder coated aluminium windows at ground with alternative feature cladding of timber and dark grey above. The windows adjacent to the food hall area open on to an outdoor eatery that is protected by a steel canopy with prefinished battens. The canopy continues for the bulk of the western façade to provide weather protection and visual interest. Towards the northern end the building will be light grey cladding with low highlight windows for visual interest. This elevation will have two business identification signs and tenancy signage. Landscaping is incorporated along this frontage through timber planters and small landscape beds. 3.3 Signage A signage located plan has been prepared by Leffler Simes Architects. The application proposes the following signage: Internally illuminated logo signage: Entry logo sign (5m x 5m), typical logo sign 1b (5m x 5m) and typical logo sign 1c (4m x 4m). Billboard signage, lit by linear LED lighting from brackets above: 5.01m x 3.51m. Internally illuminated tenancy signage: 10m x 1.3m. Pylon Sign type 1: 8m (h) x 2-2.4m (w). Pylon sign type 2 (pole sign): 21.8m (h) with a sign 5m x 5m. Signage associated with the free standing trolley enclosures. 14

15 4 Planning Policy Context 4.1 Plan Melbourne & State Planning Policy Framework The proposal is broadly supported by Plan Melbourne and state level planning policy directives having regard to those elements of policy as summarised in Part One to this report. 4.2 Local Planning Policy Framework The Yarra Ranges MSS includes policy direction that reflects the diverse land uses and development intensity of the Shire. The policies are general in nature and build on the overarching strategic directions of the State planning policy framework outlined above. Relevant clauses of the Municipal Strategic Statement (MSS) include: Clause Municipal Profile Highlights that the Shire of Yarra Ranges is on the eastern fringe of metropolitan Melbourne with a population currently estimated at 145,000. The Shire has a diverse economy of around 10,000 businesses, which employ over 35,000 people. Manufacturing represents the single most valuable sector of the economy, with other services including construction, property and business services, retail trade and agricultural. Clause Vision Chirnside Park is located in a Metropolitan Area of the municipality and is one of the Shire s two major activity centres, the other being Lilydale. The metropolitan areas of the municipality are well served by shopping centres, community facilities and public transport and provide employment opportunities. Clause Commercial Objectives, Strategies, Policy and Implementation - Objective 1 is a key relevant objective that states to promote the future growth and prosperity of the Shire. Relevant strategies to achieve this are: - Identify preferred sites in appropriate locations for specific industry, service and commercial sectors. - Implement structure plans for activity centres, particularly the major activity centres of Lilydale and Chirnside Park. - Minimise off-site impacts to the amenity of local communities and satisfy other relevant planning criteria for such activities. - Protect surrounding residential and rural and green wedge areas from adverse visual and amenity impacts of business encroachment. Key policies to achieve this strategies/objectives include: - Commercial centres are the preferred location for retail, business and community services and encroachment of these uses into other areas be discouraged. - Any proposed land use reinforces and enhances the established role of the centre. - The proposed use be located on a site that can provide adequate car parking without compromising the character and appearance of the built and natural environments. - Traffic generated by a proposed use be able to be accommodated without compromising the functioning of the centre or detracting from the residential amenity of the surrounding area. - Shops and business uses in the core area of the centre provide a continuity of retail display windows at ground floor level. - Retail facilities (other than a convenience shop), tourist facilities, recreation facilities (other than on public land) and places of assembly not be established in Foothills Residential Areas, Green Wedge areas, Rural Conservation Zone or other residential areas, particularly those which have environmental or amenity constraints. 15

16 Clause Settlement Objectives, Strategies, Policy and Implementation - Objective 2 relates to MACs and aims to strengthen the role of the Shire s two many activity centres, in providing integrated clusters of well designed and conveniently located business, employment and housing opportunities. Key aspects of the implementation of the Chirnside Park Activity Centre are as follows: - Apply the Commercial 1 Zone to the precinct designated as the town centre and retail hub of the activity centre. - Apply the Commercial 1 Zone to precincts where commercial and entertainment uses are encouraged to be the predominant activity. Clause Built Form - Objectives, Strategies, Policy and Implementation - Relevant objectives are as follows: - Objective 1 - Sitting and Design: to promote proper siting and good design in the construction of all buildings and in the carrying out of works. - Objective 2 Town Centre Design: Provide well designed and integrated commercial centres that provide a range of retail and business facilities and associated community services that meet the needs of the local residents and the tourists visiting the municipality. - Objective 4 - Pedestrian Amenity: ensure town centres are attractive, safe and functional for pedestrians. - Objective 9 - Signage Provide: for outdoor advertising that achieves effective identification of businesses and does not detract from the streetscape character of the area. Relevant strategies / policies to achieve these objectives include: - Encourage the siting and design of development to respond to the characteristics of the site and surrounding area (objective 1). - Develop urban design themes for townships, based on their special character, role and function, and ensure that new development reinforces and consolidates those themes (objective 1). - Implement performance based controls which promote good design in all types of building construction to ensure that each proposal takes account of the site and its surroundings (objective 1). - Promote the construction of buildings that incorporate energy conservation principles (objective 4) - New development be designed to provide convenient access for people with disabilities (objective 4). - Encourage effective pedestrian links between centre, car parking, public transport facilities, recreational trails and nearby parklands (objective 4). - Promote outdoor advertising that is well presented and is related to the scale and nature of the use identified (objective 9). Clause Sustainability Objective 1 relates to Sustainable Building Design and is to ensure that the use of land, the construction of buildings and the carrying out of works are of a type, scale and design which do not adversely impact on the natural environment and take account of physical development constraints. Relevant strategies include: - Ensure that new and upgraded infrastructure is of an appropriate design and standard to prevent environmental degradation. - Require land capability assessments where there are identified physical constraints for land use and development, such as flooding, erosion, wildfire risks and landslip. - Encourage energy efficient design in new development and in the provision of infrastructure. - Facilitate sustainable land use and development. 16

17 Clause Infrastructure Relevant objectives are as follows: - Objective 1 Physical Infrastructure: To establish a good standard of physical infrastructure for all new development and, where appropriate, upgrade the existing infrastructure in established urban areas. - Objective 2 Transport: To integrate land use planning with transport planning throughout the Shire. - Objective 3 Accessibility: To promote a greater accessibility to, and provision of, public transport into and throughout the Shire, particularly in areas remote from current public transport services. Relevant strategies include: - Encourage housing diversity, new development and urban consolidation, within existing urban zoned areas, which maximises existing infrastructure (objective 1). - Encourage innovation in the provision of drainage infrastructure, with consideration given to the use of grassed swales instead of underground drains and the use of sediment ponds and wetlands for water quality treatment (objective 1). In assessing the relevant provisions of the LPPF, it is recognised that clause Urban design in commercial and industrial areas and clause advertising signs policy is of relevance to the future development of the subject land. Clause Advertising Signs This local policy relates to advertising signs within the Shire. In relation to the Chirnside Park Activity Centre it is policy that: - External facades or walls of buildings not to be painted or coloured in a manner that creates a form of advertising. - Sky signs, pole signs, panel signs and promotional signs not to be of a height and, or dimensions that detract from the landscape character of Maroondah Highway. - Signs not to be located on roofs of buildings or above the parapet of a building. - Signs not to be animated. Clause Chirnside Park Activity Centre The Chirnside Park Activity Centre importantly has an objective to create a thriving centre comprising of a broad range of commercial and retail facilities. Relevant objectives are: - To create a thriving centre, comprising a broad range of retail, entertainment, commercial and community facilities clustered around a vibrant town centre and supported by higher density residential neighbourhoods. - To create a distinctive activity centre that provides an attractive gateway to Yarra Ranges. - To ensure that future development is supported by improvements to traffic circulation infrastructure and the public open space network. The Precinct map identifies the site as a mixed-use precinct where it is policy: - A multi-level mix of residential, office, entertainment, commercial and retail use is provided in a form that complements and reinforces the role of the Town Centre Precinct as the primary retail area, and which encourages multi-purpose trips to the Activity Centre. - New mixed use development adopts a form which is compatible with adjoining residential neighbourhoods. In respect of Traffic and Access: - Any major redevelopment which significantly increases the floor area of the centre must be supported by a traffic and pedestrian management plan approved by the responsible authority. 17

18 - The number of additional vehicle access points on to the Maroondah Highway created through new development proposals is to be minimised. - Changes in land use and new development are not to prejudice the ongoing effective operation of the Maroondah Highway both for traffic accessing the activity centre and for through traffic. 4.3 Planning scheme controls The subject land and the proposal is subject to the following controls within the Yarra Ranges Planning Scheme: Commercial 1 Zone (C1Z) Development Contributions Plan Overlay Schedule 1 (DCPO1) The following planning scheme provisions trigger a requirement for a planning permit: Clause : A permit is required to construct a building or construct or carry out works. Clause 45.06: Applies a levy to all land seeking development that is covered by DCPO1. Clause : A commercial area is a category 1 (minimum limitation) area. A permit is required for all signage proposed on site as the size of the signs exceed the conditions listed in clause Clause Licensed Premises: A permit is required to use the land to sell liquor. Clause Land Adjacent to a Road Zone Category 1: A permit is required to alter access to a Road Zone Category 1 (RDZ1) including a change in terms of volume, frequency or type of vehicles. A permit is not required under the following planning scheme provisions: Clause : A permit is not required to use the land for a supermarket. Supermarket is nested under Shop and is a section 1 (permit not required) use. Clause Car parking: The car parking provided on site exceeds the statutory car parking rates in clause for a supermarket and shop and do not require a permit. Clause Bicycle Facilities: The bicycle parking and end of trip facilities required by clause

19 5 Planning merits This section of the report provides an objective assessment of the planning merits of the proposal. Cl of the Yarra Ranges Planning Scheme (Integrated decision making and decision guidelines) provides that Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations (emphasis added). Ultimately, when considering applications, as set out at clause 65, the responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause (emphasis added). 5.1 Key planning considerations Based on review of the urban context and the statutory planning context, the key planning considerations for this proposal are set out and addressed in turn below. Is the proposal supported by and aligned to strategic policy objectives? Is the proposal consistent with the zone and other provisions? Are acceptable built form, urban design, and streetscape outcomes achieved? Will the development be adequately serviced and accessible? 5.2 Is the proposal supported by strategic policy directives? The proposal is supported by strategic policy being appropriately located within the Chirnside Park MAC (as defined by Plan Melbourne), one of only two activity centres in the Shire. Within the MAC the area is designated for mixed-use with the proposal offering large-scale retail and ancillary uses. The residentially zoned land in the lot at the rear of the site will enable the site to achieve a mixed-use precinct when it is developed. The area is 400m from the Chirnside Park shopping centre to encourage multi-purpose trips to the centre. The proposed siting, form and development is similar to the previously approved Masters development on site. The site is considered a gateway to Chirnside Park given its location along the Maroondah Highway in the MAC. Due to its proximity next to the East Ridge Café and Restaurant Precinct and incorporation of active frontages to its principal interface it will promote the activation of the area. Council s MSS, clause recognises that the metropolitan areas of the municipality are well served by shopping centres, community facilities and public transport and provide employment opportunities. The site has excellent transport linkages to major arterial roads and freeways including the Maroondah Highway and Eastlink (Toll Road). The site has direct access to several bus routes that connect to the surrounding region and Lilydale and Mooroolbark Train Stations. Chirnside Park plays an important role within Melbourne s network of activity centres being located on the periphery of the Melbourne metropolitan area. The centre therefore has a role in servicing the fringe areas of the municipality. The development of an internationally recognised supermarket chain aligns with Council s and the State Government s strategic positioning of the region. The proposal will offer jobs and consumer choice in the region. The proposal s locational context is appropriate for a large-scale supermarket with excellent traffic linkages and with limited proximity to sensitive uses. In addition, the C1Z positively aligns and supports the use noting that the C1Z is Council s preferred zone for this type of use as there is no maximum leasable area (clause ). 19

20 5.2.1 Plan Melbourne This project will deliver on some of the major initiatives contained at the top level of planning policy through Plan Melbourne in the following ways; Commitment to major investment wholly aligned to the city s goal of being a productive city that attracts investment, supports innovation and creates jobs (Plan Melbourne Outcome 1) Contribute to the creation of a city of 20-minute neighbourhoods. Support the role, functioning and development of the Chirnside Park MAC, identified as an area well served by shopping centres, community facilities and public transport and to provide employment opportunities. Utilisation of environmentally sustainable design technologies in the building design SPPF This project will deliver on some of the key State planning policies in the following ways; Contributing to the network of MACs identified and listed within Plan Melbourne. Facilitating increased local access to employment. Promoting good urban design by improving the safety of the existing conditions and designing a building with an activated frontage to the public realm for safety and the perception of safety. Recognition of the need to create consumer choice to provide a net community benefit in relation to commercial facilities. Contributing to the existing mixed-use nature the neighbourhood by delivering access to a new large scale retail offering with complementary retail offerings. 5.3 Consistency with zone and other provisions Zone The site is in C1Z, the purpose of which is to: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses. To provide for residential uses at densities complementary to the role and scale of the commercial centre. The proposed use and development is consistent with the purposes set out above being located in a commercial area surrounded by a mix of retail, office and entertainment uses. The proposal is expected to help generate multi-purpose trips to the centre and provide a complementary role to the Chirnside Park Shopping Centre. In terms of the C1Z, it is noted that there is no maximum leasable floor area listed for commercial areas in the Planning Scheme. The SPPF, LPPF and MSS align to support the use within the Chirnside Park MAC. In terms of the SPPF, the proposal will implement SPPF objectives including access to employment opportunities in a fringe location of the municipality and the offering of a new significant retail offering to ensure consumer choice within the region. In addition, the MSS and local planning policies, particularly clause are realised through the proposal s location within the Chirnside Park MAC. This proposal is consistent with the positioning of the centre being the dominant retail centre in the Shire and with the policy objective to, create a thriving centre, comprising a broad range of retail, entertainment, commercial and community facilities clustered around a vibrant town centre (clause ). 20

21 5.3.2 Car parking and loading The car parking layout and design has been dictated by the car parking design used for the approved Masters and generally adopts the same layout and general configuration of access points, car parking areas and pedestrian access points. The statutory car parking requirement is dictated by the parking rates in Table 1 of clause requires a total of 313 spaces. This is calculated on the basis of the proposed supermarket and shop. The proposal will have 425 on-site car parking spaces, exceeding the statutory rate. The car park design layout has been in accordance with clause design standards for car parking. As stated, whilst the site is undeveloped, the vehicle access points have already been constructed as part of development of adjacent sites, including a direct access point to Fletcher Road, also servicing the existing Dan Murphy s and car wash. This access points allows full turning movements in / out of the site to Fletcher Road and connecting to the Maroondah Highway with a signalised intersection allowing full direction flexibility. The secondary access is via the roundabout off the Maroondah Highway, limited to a left-in, leftout only. Loading will be from Fletcher Road and is located along northern boundary of the site. We refer you to the traffic and car parking assessment prepared by GTA consultants for further details and to confirm the appropriateness of proposed traffic and access arrangements requirements Bicycle requirements Clause sets out the statutory requirements for the provision of bicycle facilities for the proposed development. The proposal has a statutory bicycle requirement of 32 bicycle spaces, including 20 for employees and 12 for customers. The proposal provides for 38 on-site exceeding the statutory requirement. Staff bicycle parking is provided in a secure area along the northern boundary of the site. The proposal will also generate a statutory requirement for two change rooms and showers under clause We refer you to the traffic and car parking assessment prepared by GTA consultants for further details and to confirm the appropriateness of proposed bicycle and end of trip facility arrangements Liquor The proposal will incorporate the sale of packaged liquor for consumption off premises in a designated area within the supermarket of 354sqm. It is envisaged that this liquor will be a component of the primary supermarket use. In terms of location, the licensed premises will be located in a newly established commercial centre, where retail premises are encouraged. Whilst the proposal is in close proximity to Dan Murphy s it is submitted that a new packaged liquor premises will have a positive impact on the commercial precinct by increasing consumer choice, creating competition and helping create the area identified as a key shopping precinct. Clause requires consideration of the impact of the licensed premises on the amenity of the surrounding area. In this instance, it is submitted the proposal will have a limited impact as the proposed liquor provision operates ancillary to the supermarket use and is unlikely to have a negative impact on the amenity of the area by virtue of the surrounding non-sensitive commercial uses Signage A consideration of clause and clause is relevant to an assessment of signage. The proposal incorporates several types of signage on each of the building s interfaces and two pylon signs within the site. The site is classified as a category 1, minimum limitation area in accordance with clause

22 We refer to the proposed signage plan prepared by Leffler Simes Architect for details, locations and designs of the proposed signage. Many of the signs are classified as major promotions signs subject to the definition in clause 73 as they are over 18sqm in area. Kaufland is an international brand with an established corporate branding that allows for international brand recognition. A signage strategy has been developed specifically for the Australian entry into the market with careful consideration of local conditions for built form and development. Overall, the proposed building design is typical of a supermarket building and signage is used to add visual interest to each interface as much as for the identification of the premises. The positioning of the building towards the north east corner of the site allows the incorporation of large signs that are unlikely to have a dominant visual impact from the Maroondah Highway, however, the pylon signs closer to the frontages are intended to be identifiable from a distance. The rear elevation of the proposal has one business identification sign with the façade largely kept blank so as not to provide a distraction or negative amenity impact on the adjoining future residential area. There will be one 22m high pylon sign adjacent to the Maroondah Highway frontage of the site, this will be setback approximately 20m from this frontage which is a generous setback from this highway so as not to cause a distraction from the adjoining high use roads however as noted is intended to be of a size that can be seen from the highway. The majority of the signs will be to the rear of the site attached to the building or the Customer / Entry / Exit point central to the precinct from East Ridge Drive. The signs have been positioned at strategic points on the building and to add visual interest to the building and contribute to the colour and vibrancy of this key corner site. Billboard signage will be replaced regularly to ensure that the signs are maintained appropriately and make a positive contribution to the built environment. In the context of the site s location and commercial (minimum limitation designation) it is submitted that the signage as proposed is acceptable. 5.4 Are acceptable built form, urban design, & streetscape outcomes achieved? The proposal adopts a design and built form that is typical of a supermarket proposal. Clause built form contains a number of objectives, strategies and policies to be considered in new development. One of the key issues recognises that: Good design in the built environment is not simply limited to aesthetically pleasing design. It encourages a sense of local identity and seeks to improve people s experience of a space or locality. It contributes to creating places that people want to be in. The key objectives and strategies relevant to this proposal are listed above and relate to the proposal s siting and design, overall integration within the town centre, pedestrian amenity and signage. The urban design approach for Kaufland is generally reflective of the layout of the approved Masters store on site with the orientation and location of the building on site matching the previous building. Many of these factors listed above in relation to road layout and lot size would have been considered when the initial subdivision of the site occurred and for the assessment of the site for Masters. The site includes pedestrian links including a new proposed road adjoining East Ridge Drive that will connect to the future residential development rear of the site. A response to the key matters listed above follows Built form The proposed built form is generally in keeping with the location of the approved Masters on site. Whilst adopting a design typical of a supermarket the built form incorporates materials, finishes and detailing to ensure an attractive and high quality built form. The scale of the proposed building is similar to the 22

23 surrounding large commercial uses with building materials reflective of those on neighbouring sites such as concrete panelling. Building height is in keeping with surrounding built form to the north. The built form includes a clearly recognisable and functional entrance along the main (western) façade. The feature parapet comprising white panelling, glazing and timber battens provides a focal point and is a design feature. The primary western façade is activated with a tenancy and outdoor eatery and differentiated through design with timber pattern and dark grey feature cladding. The north, south and east interfaces predominately feature light grey cladding, that has visual breaks through the use of signage, highlight windows and louvres. This combination of materials and finishes seek to provide an attractive and high quality retail building in a key corner location. Exterior elements and roof top services will be incorporated within the building design and sited appropriately. The main car parking area is retained in front of the building and adjacent to the Maroondah Highway to ensure that visibility of the car park is maximised, and public safety is improved. Whilst the overall built form is typical of a supermarket design, the built form response has been carefully conceived to ensure that the development will provide a meaningful built form contribution to the site s designation within the Chirnside Park MAC Setbacks & interfaces The positioning of the building towards the rear of the site means that the proposal will have generous setbacks to adjoining sites and the site frontage. The building is setback approximately 125m from the Maroondah Highway frontage and approximately 40m from the rear boundary. The rear boundary is likely to be the site s most sensitive interface when the residential area at the rear is developed in future. At present there are no pending applications for this land and any future proposal can design its interface accordingly. The side boundaries are non-sensitive being adjacent to at-grade car parking associated with Dan Murphy s (north) or adjacent to East Ridge Drive (south). In summary, the setbacks have been informed by the shape of the lot and the previously approved building on site. In addition, matching the previous building will achieve the additional benefit of reducing and managing off-site impacts Landscaping The proposal will incorporate landscaping throughout the site where possible, with a 1m landscape strip book-ending rows of car parking. Towards the rear of the site along the north-east, rear and south-east boundaries the site will have a wide landscaped strip along its boundaries. Adjacent to the proposed road to the sites southern boundary is a generous area for landscaping that will incorporate a future pedestrian link to the broader site and future residential development to the rear. Closer to the proposed building landscaping will be integrated within the main frontage of the site through a series of planter boxes Fencing & storage There will be no boundary fencing along the main frontages of the site. There will be internal screening adjacent to the loading areas and rear and east of the building that is incorporated into the overall design approach in order to maintain the quality and character of the development. 23

24 5.5 Will the development be adequately serviced and accessible? The traffic and transport assessment undertaken by GTA consultants concludes that the proposed vehicle movements, car parking numbers, and configurations are appropriate noting: The provision of 425 car parking spaces. The appropriate provision of bicycle parking. Satisfactory space for loading and unloading of vehicles supported by swept path analysis. Satisfactory service vehicle access and manoeuvrability throughout the site as supported by swept path analysis. For further details please refer to the assessment provided by GTA consultants. 24

25 6 Conclusion Having regard to the carefully and comprehensively developed planning strategies, policies and controls, this assessment has demonstrated that overall and on balance, the proposal will deliver significant net community benefit, and will reflect sustainable and economic development principles as sought by the Yarra Ranges Planning Scheme. For the following reasons, favourable consideration of this significant and important proposal both locally and collectively as a whole to the State of Victoria, is warranted. 6.1 Net community benefit Net community benefit will be derived from factors including the following: Significant employment generated through the construction phase of the project. Significant ongoing and additional permanent job creation, which is anticipated to be in the order of 100 direct jobs. The creation of these local employment opportunities that will be equitable in an accessibility sense located within a MAC. Greater range and quality of product and grocery lines available to the local community. Downward pressure on pricing of groceries that can be reasonably anticipated through the creation of greater competition in the grocery and supermarket sector which has historically and is presently dominated by a limited number of major operators. Broader economic and supplier benefits derived from a major investment sourced from offshore funds additional to the Victorian economy. 6.2 State level planning objectives The proposal is strongly aligned to and reflective of Plan Melbourne s key objectives for the city to become a global city of opportunity and choice, and a city that is innovative and attracts investment It is also supported by Plan Melbourne directives for accessible employment creation, and the efficient and competitive use of metropolitan land more generally as the city continues its significant growth trajectory with accompanying growing demand for retail servicing spread across existing suburban areas which are to accommodate 70% of new dwelling stock. The SPPF clearly supports the managed introduction of development in commercially zoned MAC, particularly where non single use outcomes are facilitated and where net community benefit is achieved for the region to be serviced both tests that this Kaufland proposal satisfies. This is to be considered in the context of a broader current SPPF policy environment that is geared towards economic growth, local employment and the pragmatic and efficient use of metropolitan land. 6.3 Proposed planning framework & approval mechanism Due to the level of planning and timing certainty required to commit to a significant investment involving coordination, implementation and operation of six stores, national headquarters and a major distribution centre, a facilitated planning process is necessary to enable entering and competing in the Victorian market, including where a review of existing zoning would otherwise be required in this instance. Hence, the proposed approval via incorporated document pursuant to clause is necessary and appropriate. 25

26 6.4 Proposed use and built form The proposed built form and layout has been shown to be appropriate from a design perspective and from a technical / functional perspective including in relation to accessibility, environmental suitability, acoustic performance and the like. 26

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