CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG

Size: px
Start display at page:

Download "CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG"

Transcription

1 CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG ON THURSDAY 15 TH MARCH 2018 Meeting opened at 5:00pm. 1. COMMITTEE MEMBERS PRESENT: Joanne van Slageren, Marshall Sullivan, John Bryce, Peter Smith 2. OTHER OFFICERS PRESENT: Rory O Loghlen, Steve Roussac, Rowan Farmer, Verity Bright 3. APOLOGIES: NIL 4. CONFIRMATION OF MINUTES: MOVED: John Bryce SECONDED: Peter Smith That the minutes of the meeting of 1 March 2018 as circulated be adopted. Carried 5. DECLARATION OF INTEREST: NIL 6. MATTERS FOR CONSIDERATION:

2 Development Hearings Panel Page 2 Application No: Applicant: Subject Land: Owner: Zone: Overlays: Listed Buildings: Existing Use: Proposal: PP /A M M Blackhall Matthews Road, LEOPOLD M M Blackhall Farming Zone Significant Landscape Overlay (SLO10- part), Environmental Significance Overlay (ESO2- part), Floodway Overlay (part) N/A Dwelling Amendment of PP (that allows the use and development of a Residential Hotel and Function Centre) to also allow a Helicopter Landing Site, and change of buildings used for accommodation. Indicates Objectors. Due to the map size, not all objectors have been identified. Subject Site MATTHEWS ROAD, LEOPOLD

3 Development Hearings Panel Page 3 Summary The subject site is located on the east side of Matthews Road, Leopold, approximately one kilometre south of Fitzgerald Road. Planning permit was granted on13 September 2016 and allowed the use and development of the land as a Residential Hotel and Function Centre. This application seeks to amend Planning Permit to: 1. allow the land to also be used as a Helicopter Landing Site. 2. change buildings able to be used for accommodation In relation to the Helicopter Landing Site: 1. A maximum of eight (8) flight movements are proposed within a 30 day period; 2. Flight movements would occur during daylight hours. The change in accommodation seeks to accommodate people in the tennis court building rather than the pool house building. The application was advertised and seventeen (17) objections have been received. They mostly relate to the landing of helicopters. The application has been assessed against the relevant parts of the planning scheme and, in particular, Clause (Heliports and Helicopter Landing Sites). It is recommended to support the application, subject to conditions. Moved: Marshall Sullivan Seconded: Peter Smith 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 an Amended Planning Permit for: Use of land for a Residential Hotel and Place of Assembly (Function Centre) in the Farming Zone. Construction of Buildings and Works for a Residential Hotel and Place of Assembly (Function Centre) in the Farming Zone. Construction of Buildings and Works in the Environmental Significance Overlay Schedule 2. Construction of Buildings and Works in the Significant Landscape Overlay Use of Land for the Sale and Consumption of Liquor under Clause Use of Land for a Helicopter Landing Site under Clause generally in accordance with the plans submitted with the application and subject to conditions. The amendments recommended to the planning permit are: Allow use of land as a Helicopter Landing Site Amend condition 36 to include conditions concerning helicopters Amend 7 to delete reference to the pavilion/gym building but include the swimming pool Amend endorsed plans

4 Development Hearings Panel Page 4 Amended plans 1. Prior to the uses commencing, amended plans 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 three copies must be provided. The plans must be generally in accordance with the plans notated, "Amended Plan VCAT Issue Dream Design & Drafting Job No " but modified to show: 1.1 location and dimensions of the outdoor function areas being: Ground floor of main building (excluding eastern veranda); Outdoor area shown on the Endorsed Plans on the north side of main building Outdoor area shown on the Endorsed Plans on the east side of the building. 1.2 a plan that depicts any location where liquor may not be consumed. 1.3 a designated smoking area. 1.4 Any changes required by condition 24 and condition Any changes required by the approved CHMP. 1.6 Car spaces in the carpark at the rear of the main Residential Hotel building widened to 2.7 metres or the aisle width increased to 6.4 metres. 1.7 The provision of two bicycle parking spaces in the carpark at the rear of the main Residential Hotel building. Each space must be at least 1.8 metres long and 0.5 metres wide with a manoeuvring distance behind the spaces of 1.5 metres. 1.8 All relevant widths and turning circles to satisfy relevant Australian Standards and the provisions of the Planning Scheme. to the satisfaction of the Responsible Authority. 2. The use and development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. Liquor may only be consumed within the area indicated on the plans approved under Condition 1.

5 Development Hearings Panel Page 5 Operations Model 4. Prior to the use commencing, an Operations Model to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the operational model will be endorsed and will then form part of the permit. The Operations Model must be generally in accordance with that provided to the Responsible Authority on 17 June 2016 and tendered at the VCAT hearing and include, but not be limited to: 4.1 The locations, hours, and methods of serving alcohol to guests. 4.2 A requirement that no outdoor activities associated with the function centre may occur after 7:00pm (save for smoking in any designated smoking area). 4.3 The hours during which dining may be offered to guests of the Residential Hotel. 4.4 A requirement for no serving food or beverage to persons who are not otherwise guests of the Residential Hotel or a Function. 4.5 Arrangements for the ordering of food and preparation of set menus. 4.6 Arrangement for the orderly arrival, and departure of guests. 4.7 All noise and amenity measure to be undertaken to manage amenity impacts from the use. 4.8 The number of staff which must be present during any Function or when guests are accommodated at the Residential Hotel. 4.9 Security arrangements Arrangements for parking and bus transportation of guests Arrangements for the approval and engagement of suppliers, and transportation of goods and materials to and from the land Arrangements for the collection of recycling and general waste Details of emergency management procedures The use of battery operated or silent vehicles such as electric golf carts between 11pm and 7.00am on any day and the prohibition of use of quadbikes or motorbikes or similar during this period. Residential Hotel 5. No more than 24 adult guests may be accommodated in the Residential Hotel plus 6 minors within no more than 12 bedrooms. 6. The permit operator must maintain a guest register for the Residential Hotel to be approved to the satisfaction of the Responsible Authority. The guest register must include the name, date and duration of stay of guests staying at the Residential Hotel. The register must be made available to the Responsible Authority upon a written request being made.

6 Development Hearings Panel Page 6 7. The tennis court and swimming pool must not be used between the hours of 8pm and 8am. 8. Outdoor dining may only occur on the veranda on the east side of the building or in the building or in the conservatory courtyard. Function Centre 9. The Function Centre must only operate during the hours: of 11.00am - 7:00pm except that on (2) occasions in a calendar month, the Function Centre may operate during the following hours: 9.1 Sunday to Thursday: 11.00am pm 9.2 Friday and Saturday: 11.00am pm 10. No more than 26 Functions may occur in any calendar year. 11. No more than three (3) Functions may occur in any calendar month. Of these, no more than two (2) may operate after 7:00pm. 12. No more than 100 people (including Residential Hotel guests) may attend a Function. 13. For the purposes of this permit, a Function includes, but is not limited to a: 13.1 a gathering of people attended by a person or persons not accommodated in the Residential Hotel; or 13.2 a gathering of more than 24 adults and 6 minors on the land. 14. No invitee of the occupier of the caretakers dwelling may use the residential hotel building and function area surrounds unless it is associated with a function referred to under Condition Functions may only occur within the areas identified on the endorsed plans. 16. Outdoor areas must not be used for functions after 7.00pm. After this time, smoking must occur within the designated smoking area shown on the endorsed plans. 17. A Function booking may only be taken where the Function organisers have also concurrently booked the entirety of the Residential Hotel for the duration of the Function.

7 Development Hearings Panel Page Not less than 14 days prior to a Function occurring on the land, the permit operator must publish and maintain a list of functions to be held on the land on the publicly available website used to promote functions on the land, or another publicly available website if no website is used to promote functions on the land. The list must include: 18.1 the function date; 18.2 commencement and completion times; 18.3 the number of attendees (including Residential Hotel guests), and; 18.4 a contact telephone number and address of a person/s available prior to and during functions who is responsible for the management of functions and attendees; for all Functions held in a particular calendar year. In addition, written notification of a Function in the terms above must be provided to the following properties/owners: Matthews Road, Melaluka Road, Matthews Road, 142 Matthews Road, 201 Matthews Road, 202 Matthews Road. 19. The permit operator must maintain a register of complaints to the satisfaction of the Responsible Authority. The complaint register must include the date, time and nature of the complaint, and any action taken to ameliorate the complaint raised. The register must be made available for inspection by the Responsible Authority upon a written request being made. 20. At all times when guests are accommodated on the land or a Function is held, there must be present on the land a person aged 18 years or over who is responsible for ensuring that the activities on the premises and the conduct of persons attending the land do not have a detrimental impact on the amenity of the locality to the satisfaction of the Responsible Authority.

8 Development Hearings Panel Page 8 Landscaping/Revegetation 21. Prior to the commencement of the use, three (3) copies of a landscape/revegetation 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 detail landscaping/revegetation along the Lake Connewarre shoreline land (generally in the area 15m west from the existing shoreline) and include: 21.1 A survey (including botanical names) of all existing vegetation; 21.2 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; 21.3 local indigenous plant species; 21.4 means to discourage and encourage guests to particular areas of the shoreline When approved, the plan will be endorsed and form part of the permit. Landscaping/revegetation must be undertaken within six (6) months of the commencement of the use to the satisfaction of the Responsible Authority, and maintained thereafter to the satisfaction of the Responsible Authority. Note: An inspection is required to satisfy this condition as it relates to completion of the landscaping/revegetation works. Wastewater 22. Before the commencement of the Use, an Integrated Stormwater and Wastewater Management Plan (ISWMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, ISWMP will be endorsed and will then form part of the permit. The ISWMP must be generally in accordance with the 'Integrated Stormwater and Wastewater Management Plan for Campbell Point House, Residential Hotel and Function Centre Leopold, February 2016 prepared by Strata Geoscience and Environmental, report number 02098v3 1/06/2016' (but modified to consider accurate maximum staffing numbers). 23. The Owner must implement all measures recommended by the approved ISWMP to the satisfaction of the Responsible Authority including a requirement to service the systems quarterly and test samples annually.

9 Development Hearings Panel Page Prior to the commencement of the uses, the existing infrastructure for the treatment and disposal of stormwater and wastewater must be upgraded to the satisfaction of the Responsible Authority and any other relevant authority. Such upgrades shall be generally in accordance with the recommendations of the Integrated Stormwater and Wastewater Management Plan prepared by Strata Geoscience and Environmental, report number 02098v3 1/06/2016 including, but not limited to: DDA 24.1 Upgrading the existing system associated with the Residential hotel to accept the flows anticipated from the upgraded Hotel, Pool House and Utilities / Staff buildings and Caretakers Residence The diversion of the existing system associated with the Pool House into the Hotel system to facilitate secondary treatment The decommissioning of the existing septic trenches associated with the Pool House The installation of new secondary treatment systems to treat all flows from the accommodation associated with the existing garages as well as the caretakers building Relocation of the existing 500 square metre wastewater disposal area located north of the proposed residential hotel to a new location at least 150 metres from Lake Connewarre. 25. Before the commencement of the Use all buildings and works must comply with the relevant disability standards prescribed under the Disability Discrimination Act 1992 (Cth). Music 26. Amplified music may only be provided within the Conservatory room within the main building and when this occurs the following doors and windows must be closed by 7.00pm and remain closed except to allow access in an emergency (i.e. BCA requirements) until the end of each function: 26.1 All external windows and doors to the conservatory All external northern doors and windows to the living room The external eastern and south-eastern doors and windows to the living room south of the porch All external western doors and windows of the building (except for the main entrance which must be closed when not in use) The internal doors on the southern wall of the Living Room and Proposed Bar area must be closed when not in use. 27. No live amplified music may be provided on the land. 28. Live, acoustic music may be provided at functions.

10 Development Hearings Panel Page Amplification may be provided for public address purposes within the approved outdoor function areas and must not exceed 65 db(a) within the audience area. 30. All music on the land must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2). Noise limiter 31. Prior to commencement of the use, the Permit Operator must install and maintain a Noise Limiter ("the Device"), with a cut out for exceedance, set at a level by a qualified acoustic engineer, to ensure the escape of amplified music does not exceed the requirements of SEPP N-2. Amplified music 32. Amplified music is not permitted to be played other than when the Device is installed and operating to ensure compliance with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2). Acoustic report 33. Prior to the commencement of the use as a function centre a report prepared by a suitably qualified Acoustic Consultant must be submitted to the Responsible Authority and must confirm that a Noise Monitor and Limiter ("the Device") is operating and has the following characteristics: 33.1 the Device limits internal noise levels so as to ensure compliance with the music noise limits according to State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2) the Device is a limiter suitable for interfacing with a sound system which will include any amplification equipment and loudspeakers the Device monitors noise levels at all broadband frequencies and is wired so as to ensure that the limiter governs all power points potentially accessible for amplification the Device controls are in a locked metal case that is not accessible by personnel other than a qualified acoustic engineer or technician nominated by the owner of the land and notified to the Responsible Authority the Device is installed to control all amplification equipment and associated loudspeakers the Device is set in such a way that the power to the amplification equipment is disconnected for 15 seconds if the sound level generated by the amplification equipment exceeds for one second the maximum sound level for which the monitor is set.

11 Development Hearings Panel Page the monitor level component of the Device includes a calibratable frequency discriminating sound analyser with an internal microphone incorporated in its own tamper-proof enclosure (beyond the normal reach of a person). Such a sound analyser will indicate by visual display the approach and exceeding of the set maximum noise level. The lamps must be in the clear view of the staff and any disc jockey in the room the Device must prevent a relevant noise level referred to in these conditions being exceeded demonstrates compliance with the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2) noise limits. 34. Bottles must be bagged during operation times and must not be emptied into external refuse bins after 7pm or before 9am. 35. A sign must be erected in the car park and near the exit gate requesting that guests be respectful of the peace and quiet of the neighbourhood. Helicopters 36. Helicopters are only permitted to land or take off on the landing pad shown on the endorsed plans. 36a. Helicopters must only land or take off between the following hours: i) 7am and sunset on a weekday ii) 8am and sunset on a weekend or public holiday 36b. The number of flight movements must not exceed: i) eight (8) flight movements within in a 30 day period ii) four (4) flight movements within a 24 hour period Note: the take off and landing of a helicopter are separate flight movements 36c. Helicopters must not exceed 15 tonnes all-up weight. 36d. The permit operator must maintain a helicopter flight log book to the satisfaction of the Responsible Authority. The log book must detail each and every helicopter landing and take off including the date, time, type of helicopter, number of passengers, all-up helicopter weight, and name of pilot or charter company. The log book must be made available to the Responsible Authority upon a written request being made.

12 Development Hearings Panel Page 12 36e. Prior to a helicopter landing, an amended Proposed Flight Path/Fly Areas- Campbell Point House must be submitted to the Responsible Authority for approval. The amended Proposed Flight Path/Fly Areas- Campbell Point House must show the full extent of the north west approach and departure (the red line) in a manner that is to the satisfaction of the Responsible Authority. When approved, the Proposed Flight Path/Fly Areas- Campbell Point House will be endorsed and then form part of the permit. Wherever possible, helicopters must approach and depart the helicopter landing site in accordance with the endorsed Proposed Flight Path/Fly Areas- Campbell Point House. The permit operator must make the helicopter pilots and/or helicopter charter companies aware of the approved flight path/fly areas to the satisfaction of the Responsible Authority. 37. All guests of the Function Centre use, who are not accommodated on the land overnight, must leave the land within 30 minutes of the conclusion of any function. 38. The amenity of the area must not be detrimentally affected by the uses through the: 38.1 Transport of materials, goods or commodities to or from the land; 38.2 Appearance of any building, works or materials; 38.3 Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; 38.4 Presence of vermin; to the satisfaction of the Responsible Authority. 39. Prior to the commencement of the uses, the areas set aside for the parking of vehicles, access lanes and pedestrian paths shown on the endorsed plans must be: 39.1 constructed to an all-weather crushed rock or other permeable standard; 39.2 properly formed to such levels that they can be used in accordance with the plans; 39.3 drained; 39.4 marked to indicate each car or bus space and all access lanes; 39.5 signed to indicate bus parking only in the bus parking space; to the satisfaction of the Responsible Authority. Vehicle spaces, access lanes, pedestrian paths and driveways must be kept available for these purposes at all times. 40. Not more than 50 guests of the Residential Hotel and Function Centre combined, may be allowed to park vehicles on the land at any one time unless otherwise approved in writing. All other guests must be transported to and

13 Development Hearings Panel Page 13 from the land via bus (or buses) and all guests must be offered the opportunity to arrive and depart the land by bus (or buses). 41. Bollard lighting or other lighting that is approved in writing by the Responsible Authority must be erected in the car parking area and from the car park to the main building on the land. The lighting must be suitably baffled so as not to illuminate the area beyond its immediate surrounds to the satisfaction of the Responsible Authority. 42. Prior to the commencement of and for the life of the approved uses, waste water must be treated and retained on-site in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970 and in accordance with any works approval that may be required from the Environment Protection Authority. 43. Prior to the commencement of the approved uses, a waste management plan must be submitted to and approved by the Responsible Authority. The waste management plan must set out the ways in which the operators of the site will collect and dispose of waste associated with the uses. The waste management plan must detail the following: 43.1 The management practices for waste collection and disposal including details of storage, regularity and collection times; 43.2 Collection of waste by a private contractor The location of rubbish bins and skips; 43.4 The management practices for the collection and disposal of bottles; 43.5 The management practices for the periodic cleaning of the land and, in particular, the Lake Connewarre shoreline Hours and days of collection. Once approved, the uses must operate in accordance with the waste management plan to the satisfaction of the Responsible Authority. 44. Subject to any relevant consent from the relevant authority, tourist directional signage must be erected at the intersection of Melaluka Road and Fitzgerald Road, and the intersection of Fitzgerald Road and Matthews Road, Leopold, prior to the commencement of the uses at no cost to the Council. 45. Upon commencement of the uses approved under this permit, all uses permitted under Planning Permit 531/2010 must cease and thereafter not recommence and the use of the land for a dwelling (other than the caretakers dwelling) must not recommence. 46. All activities on the land must be in accordance with the recommendations and / or conditions of any approved Aboriginal Cultural Heritage Management Plan for the land. 47. The use of fireworks on the subject land is not permitted at any time.

14 Development Hearings Panel Page 14 Expiry - Use 48. This permit as it relates to use will expire if the uses do not commence within two (2) years of the date of this permit. 49. This permit will expire if the uses hereby permitted cease for a period of 12 months of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing within six (6) months of the date of expiry. Expiry - Development 50. This permit as it relates to development (buildings and works) will expire if one of the following circumstances applies: a) The buildings and works are not started within two (2) years of the issued date of this permit; or b) The buildings and works are not completed within four (4) years of the issued date of this permit. This Planning Permit was corrected pursuant to Section 119 of the Victorian Civil & Administrative Tribunal Act 1998 by order of the Victorian Civil Administrative Tribunal dated 10 November 2016 in that : Condition has been corrected Condition 8 has been corrected New Condition 47 and subsequent re-numbering of conditions. Report Carried The Site & Locality The subject site is located on the east side of Matthews Road, approximately one kilometre south of Fitzgerald Road. The site is irregular in shape owing to its boundary to Lake Connewarre. It has a frontage to Matthews Road of approximately 200m, a depth ranging between 690m and 750m, and an area of 14.69ha. More generally, Leopold is at the western end (or start) of the Bellarine Peninsula. The land is located approximately 4.3km south of the Bellarine Highway (by road), accessed via Melaluka Road, then O Hallorans or Fitzgerald Road to Matthews Road. Melaluka Road is sealed with bitumen but the other roads are gravel. The site is developed with a palatial, three level dwelling, and setback approximately 80m from the lake frontage. The building is oriented toward the lake, but the entry is located on the west (rear). It contains five bedrooms that occupy the two upper levels. The ground level is devoted to living spaces.

15 Development Hearings Panel Page 15 Other buildings and features on the land include: a pool house, pool and pergola to the north-east of the dwelling; a tennis court and pavilion on the shoreline to the north-east of the dwelling; boat houses (and jetty) on the lake; Two garages behind the dwelling; An office/store and shed/workshop toward the northern boundary; Two entries/driveways from Matthews Road; The western portion of the land has been planted with pines. Extensive ornamental gardens exist around the dwelling, and some remnant vegetation exists on the shore of the lake. The land has direct abuttal with three parcels of land. Each is developed with a dwelling and outbuildings. The land to the south has a dwelling approximately 50m from the common boundary. On the north side, one dwelling is approximately 100m from the common boundary. The other is approximately 60m from the common boundary. The area where the site is located forms a headland or peninsula between Lake Connewarre and Reedy Lake. It comprises small lots in terms of what might be found in the Farming Zone. Some are developed with dwellings. There are examples of multiple lots being in the one ownership. These are more likely to be used for productive agricultural production. Otherwise, the area could be said to be used for hobby farming. Lake Connewarre forms part of a wetland complex that is identified in the RAMSAR convention to be of international importance. It is also a State Game Reserve. Site History Planning Permit 205/02 was granted on 18 April 2002 and allowed the use and development of a dwelling. Planning Permit 351/2006 was granted on 22 August 2006 and allowed a replacement dwelling on the land. It has been amended twice since. Planning Permit 531/2010 was granted on 19 November 2010 and allowed Change of use to bed and breakfast (accommodating a maximum of 20 guests) and function centre which operates ten times per year. Planning Permit 852/2014 was granted on 10 September 2014 and allowed the construction of a gymnasium/pavilion in association with an existing dwelling. Planning Permit was granted on 13 September 2016 and allowed: Use of land for a Residential Hotel and Place of Assembly (Function Centre) in the Farming Zone. Construction of Buildings and Works for a Residential Hotel and Place of Assembly (Function Centre) in the Farming Zone. Construction of Buildings and Works in the Environmental Significance Overlay Schedule 2. Construction of Buildings and Works in the Significant Landscape Overlay Schedule 10. Use of Land for the Sale and Consumption of Liquor under Clause The owner is currently undertaking works as required by the planning permit, eg constructing a car park, disabled persons ramp, etc.

16 Development Hearings Panel Page 16 This permit includes conditions that state: 7. The tennis court and associated pavilion/gym building must not be used between the hours of 8pm and 8am. 36. Helicopters must not be permitted to land or take off from the land without the prior written permission of the Responsible Authority and any further planning permission that may be required. Proposal The application seeks to amend Planning Permit to: 1. allow the land to also be used as a Helicopter Landing Site. 2. change buildings able to be used for accommodation Helicopter Landing Site Helicopters up to 15 tonne in weight are proposed to land/take off from a 20m wide pad located within the trees at the western (Mathews Road) end of the land, to the south of the main driveway. Some tree removal would be required around the pad, for which planning permission is not required. A maximum of eight (8) flight movements are proposed within a 30 day period. Flight movements would occur during the following times: between 7am and sunset on a weekday; between 8am and sunset on a weekend or public holiday. It is noted that the take off and landing of a helicopter are separate flight movements. Buildings used for Accommodation It is no longer proposed to use three rooms in the pool house building for accommodation. The plans notate the rooms variously as a change room, gym, common area, bath/wc and massage room. Instead, the application seeks to use the tennis court building for accommodation (3 bedrooms). The building would also include a common space, a change room and bathrooms. Greater Geelong Planning Scheme Definition and Nesting The use that is the subject of the amendment is a Helicopter Landing Site, which is defined as land used for the take-off and landing of a helicopter, with or without a permanent landing pad, but without permanent facilities for the assembly and distribution of goods or passengers. The subject site (and the surrounding land) is located with a Farming Zone (FZ).

17 Development Hearings Panel Page 17 The Purposes of the FZ are: 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 the use of land for agriculture. To encourage the retention of productive agricultural land. To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. To encourage the retention of employment and population to support rural communities. To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. Lake Connewarre is located within a Public Conservation and Recreation Zone (PCRZ). The Purposes of the PCRZ are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To protect and conserve the natural environment and natural processes for their historic, scientific, landscape, habitat or cultural values. To provide facilities which assist in public education and interpretation of the natural environment with minimal degradation of the natural environment or natural processes. To provide for appropriate resource based uses. Overlay The subject site is affected by various overlays, namely: Schedule 10 of the Significant Landscape Overlay (SLO10), relating to the Lake Connewarre Escarpment. The overlay affects nearly all of the land, including the proposed landing area. Schedule 2 of the Environmental Significance Overlay (ESO2) relating to High Value Wetlands and Associated Habitat Protection. The overlay affects the land the land within approximately 150m of Lake Connewarre. Floodway Overlay (FO). The overlay affects the Lake Connewarre shoreline. The Purposes of the SLO are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify significant landscapes. To conserve and enhance the character of significant landscapes.

18 Development Hearings Panel Page 18 The Landscape Character Objectives identified in SLO10 are: To protect locally significant views and vistas that contribute to the landscape, including extensive and scenic outviews across waterbodies from main roads and settlements. To ensure that the prominent slopes above Lake Connewarre retain a largely unbuilt and partially vegetated character, free from intrusive built development. To improve the appearance of rural living development within the landscape. To minimise the visual impact of infrastructure and signage throughout the landscape. To maintain and improve indigenous vegetation throughout the landscape, particularly at roadsides, in riparian strips and on lake escarpments. To protect cultural vegetation elements that positively contribute to the character of the landscape, including exotic wind breaks and feature planting around homesteads. To recognise and protect the continuation of the land as a working farmed landscape. The Purposes of the ESO are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas where the development of land may be affected by environmental constraints. To ensure that development is compatible with identified environmental values. The Environmental Objectives identified in ESO2 are: To maintain the ecological character (the sum of the biological, physical and chemical components of the wetland ecosystem, and their interactions which maintain the wetland and its products, functions and attributes) of Ramsar wetlands. To protect natural resources and maintain ecological processes and genetic diversity. To protect and ensure the long-term future of terrestrial and aquatic habitat for native plants and animals, including shorebird feeding areas and roosts and species and communities listed under the Fauna and Flora Guarantee Act To encourage ecological restoration, regeneration and revegetation with indigenous species within the site and in adjoining areas. To maintain the function of the wetland or habitat area as part of the broader natural system, including maintenance of natural flows and flooding regimes. To prevent further loss of wetland habitat. To manage the site in order to maintain and/or improve its value as a conservation site for native plants and animals. To protect water quality and prevent water pollution in watercourses, water bodies, wetlands and groundwater. To protect cultural (including aboriginal and non-aboriginal heritage) values. To protect visual amenity.

19 Development Hearings Panel Page 19 The Purposes of the FO are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify waterways, major floodpaths, drainage depressions and high hazard areas which have the greatest risk and frequency of being affected by flooding. To ensure that any development maintains the free passage and temporary storage of floodwater, minimises flood damage and is compatible with flood hazard, local drainage conditions and the minimisation of soil erosion, sedimentation and silting. To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989 if a declaration has been made. To protect water quality and waterways as natural resources in accordance with the provisions of relevant State Environment Protection Policies, and particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria). To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health. Particular Provisions Clause relates to Heliports and Helicopter Landing Sites The Purpose of Clause is: To ensure the amenity impacts of a heliport and a helicopter landing site on surrounding areas is considered. Permit required clause and condition Section 72 of the Planning and Environment Act 1987 allows a person who is entitled to use or develop land in accordance with a permit to apply for an amendment to a planning permit. Clause states that a permit is required to use or develop any land for a heliport or a helicopter landing site even if it is ancillary to another use on the land, unless the table to this Clause specifically states that a permit is not required. There is nothing in the Table at Clause that exempts the need for a planning permit. Restrictive Covenant/section 173 The subject site is burdened by a Restrictive Covenant and two Section 173 Agreements, as follows: Covenant AQ512086W The covenant is contained within a Deed of Covenant with the Trust for Nature. It is a different covenant to the one in place when the original permit was granted. The obligations contained in the covenant are limited to an area toward Lake Connewarre, which are then split into two parts (or tiers) depending on its location. The covenant recognises the use and development of land within this area. The proposed amendments are not considered to offended by the covenant. It is noted that Trust for Nature covenants are not of a type that would prevent the grant of a planning permit should an application offend its terms.

20 Development Hearings Panel Page 20 Agreement AB370748S The agreement required the property owner to implement a farm management plan for a period of three years. It has been satisfied. Agreement AE723697S The agreement required the existing dwelling to be removed when a permit was issued for a replacement dwelling. It has been satisfied. Cultural Heritage Management Plan (CHMP) A CHMP was approved for the use and development of the land on 20 April 2016 (Ref 14097). It is noted that the proposed helicopter landing area is not identified as having cultural sensitivity given its setback from Lake Connewarre. 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 not located within close proximity of existing urban development. Council s data indicates that the site is likely to be affected by the potential coastal impacts of climate change at It is noted that the floor level of the tennis court building is constructed at 3.53m AHD. This is 0.93m above the current 1% AEP flood event and would account for a 0.8m increase in sea level by Whilst a greater freeboard may have been desirable, using the existing building for accommodation is not considered unsafe (particularly at the current time) given its lake location (lack of wave action) and the ease of egress to higher ground. 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 non-putrescible 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. 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. Car Parking The amendments would not impact upon the provision of car parking. Bicycle Spaces Not applicable. 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 site is located within a designated bushfire prone area. 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.

22 Development Hearings Panel Page 22 As the site is located within a designated bushfire prone area the assessment of this application has considered: The risk of bushfire to people, property and community infrastructure. Whether the implementation of appropriate bushfire protection measures to address the identified bushfire risk is necessary. Whether the proposal can implement bushfire protection measures without unacceptable biodiversity impacts. Comment: The use and development of the land for a Residential Hotel and Function Centre were the subject of the original permit. The owner will be required to satisfy regulations of the Building Act in relation to these uses. The inclusion of a Helicopter Landing Site is not considered to increase the risk of bushfire to people or property. The building proposed to be used for accommodation already exists. Any changes to the building to address bushfire risk can also be adequately addressed through satisfying regulations of the Building Act. The application is not expected to create additional risk bushfire to people, property and community infrastructure. No additional bushfire protection measures are considered necessary to satisfy the SPPF. State Planning Policy Framework Relevant parts of the SPPF include: Clause (Integrated Decision Making) 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. Clause (Environment and water) Objective: To protect natural assets and better plan our water, energy and waste management systems to create a sustainable city. Clause (Rural productivity) Objective: To manage land use change and development in rural areas to promote agriculture and rural production. Clause (Environmental assets) Objective: To protect, restore and enhance the region s unique environment.

23 Development Hearings Panel Page 23 Clause (Agricultural productivity) Objective: To secure food, water and energy resources. Clause (A diversified economy) Objective: To build the region s economy. Clause (Localised planning statements) Objective: To protect and enhance the valued attributes of the distinctive areas of the Bellarine Peninsula, Macedon Ranges, Mornington Peninsula and the Yarra Valley and Dandenong Ranges. Clause12 (Environmental And Landscape Values) Planning should help to protect the health of ecological systems and the biodiversity they support (including ecosystems, habitats, species and genetic diversity) and conserve areas with identified environmental and landscape values. Planning must implement environmental principles for ecologically sustainable development that have been established by international and national agreements. Foremost amongst the national agreements is the Intergovernmental Agreement on the Environment, which sets out key principles for environmental policy in Australia. Other agreements include the National Strategy for Ecologically Sustainable Development, National Greenhouse Strategy, the National Water Quality Management Strategy, and the National Strategy for the Conservation of Australia s Biological Diversity, the National Forest Policy Statement and National Environment Protection Measures. Planning should protect sites and features of nature conservation, biodiversity, geological or landscape value. Clause (Protection of biodiversity) Objective: To assist the protection and conservation of Victoria s biodiversity, including important habitat for Victoria s flora and fauna and other strategically valuable biodiversity sites. Clause (Coastal tourism) Objective: To encourage suitably located and designed coastal and marine tourism opportunities. Clause (Environmentally sensitive areas) Objective: To protect and conserve environmentally sensitive areas.

24 Development Hearings Panel Page 24 Clause (Landscapes) Objective: To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. Clause 13 (Environmental Risks) Planning should adopt a best practice environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. Clause (Protection of agricultural land) Objective: To protect productive farmland which is of strategic significance in the local or regional context. Clause (Aboriginal cultural heritage) Objective: To ensure the protection and conservation of places of Aboriginal cultural heritage significance. Clause (Facilitating tourism) Objective: To encourage tourism development to maximise the employment and long-term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination. Local Planning Policy Framework Municipal Strategic Statement Relevant parts of the MSS include: Clause (Natural Environment) Clause (Key issues and influences) Objectives include: To protect, maintain and enhance waterways, rivers, wetlands and groundwater. To protect, maintain and enhance the biodiversity of the municipality. To protect, maintain and enhance the coast, estuaries and marine environment. Clause (Economic Development And Employment) Clause (Key issues and influences) Tourism Tourism is a key part of the economy of the Geelong region. The region includes major tourism destinations such as the Bellarine Peninsula and the coast. Tourism activities in rural and coastal areas must be carefully managed so as not to compromise the natural environment and/or agricultural activities.

25 Development Hearings Panel Page 25 Clause (Economic growth sectors) Objective: To facilitate development in the City s strategic economic growth sectors. Clause (Rural Areas) Objectives include: To protect and enhance the Bellarine Peninsula as a productive rural area with highly significant landscapes based on farming and environmental features. Clause (Tourism in rural areas) Objectives: To support tourism development in rural areas that respects the open farmed landscape of the area, and contributes to the economy. Clause (Bellarine Peninsula) Objectives inlcude: To protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements. To provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community. Local Planning Policies Relevant Local Policies include: Clause Agriculture, Rural Dwellings And Subdivision This policy applies to all land zoned Farming. Objectives include: To support the ongoing use of the rural areas for agriculture and to preserve their farmed rural landscape. To protect agricultural production and the normal operation of agricultural activities by preventing land use conflicts, particularly conflicts associated with the introduction of non-farm related dwellings into rural areas. Clause Tourism, Accommodation And Function Centre Development In Rural Areas This policy applies to all land zoned Farming and Rural Conservation. Objectives include: To support tourism development in rural areas that contributes to the growth of the tourism market. To diversify the range of accommodation types to address an identified demand. To preserve the productive agricultural capacity of the land and where possible enhance the environmental condition of the land. To ensure the scale of development will complement and respect the rural landscape character of the area; To ensure development will not result in the urbanisation of the area;

26 Development Hearings Panel Page 26 Referrals INTERNAL The application was not referred to other Council departments for comment. EXTERNAL The application was referred to DELWP pursuant to s52 of the Planning and Environment Act 1987 seeking comment on the proposed helicopter landing site given the location of the land in the vicinity of Lake Connewarre, a RAMSAR wetland. The following response was received: Comment: The comments are noted. The applicant has submitted a plan that depicts a flight path that seeks to limit flights across Lake Connewarre. It is understood the plan was produced by the helicopter charter company the owner intends to use. 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 3 November 2017 Council accepted the amendment. The amendment made the following changes to the application: Limit flight movements to daylight hours only The application, as amended, forms the basis of this report.

27 Development Hearings Panel Page 27 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 generally within 500m of the land An A3 sign was placed on the land A total of seventeen (17) objections have been received. A consultation was not held at the applicant s request. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. Objections The grounds of objection are summarised and considered below: Landing helicopters is dangerous, increased chance of bird strike Safety associated with helicopters are governed by the Civil Aviation Safety Authority (CASA). Helicopters are an accepted form of transport. Like other forms of transport, from time to time, a helicopter may strike a bird. The planning scheme allows for a planning permit to be granted for a helicopter landing site in populated areas. Helicopters are inappropriate at night The application was amended prior to notice being provided that limits flights to daytime hours only. Conditions are recommended to specify flight hours. Noise impacts A suitable separation distance would be provided to nearby dwellings having regard to the Noise Control Guidelines for helicopters see discussion below regarding Clause Separation distances should be measured from the boundary of the land rather than the landing area The EPA Noise Control Guidelines and Clause of the planning scheme provide that separation distances are to be measured from the landing site.

28 Development Hearings Panel Page 28 Impact on wildlife, including Sea Eagles and various threatened bird species, noting the proximity of the land to Lake Connewarre (identified in the RAMSAR convention) The views of the land manager of Lake Connewarre have been sought. DELWP (and Parks Victoria) responded that. the potential for significant additional direct or indirect impact on the matters that are intended to be protected by virtue of Lake Connewarre s Ramsar status is low. The response recognises the location of the landing site from the Lake and the frequency of flights. It includes that a precautionary approach might be taken to limit flight paths across Lake Connewarre. A condition is recommended that would implement a flight path submitted by the applicant that would limit flights over the Lake. Clarification will be sought about the full extent of the north west departure/approach path, noting that Reedy Lake is located in this direction. Damage to livestock The concern was raised from land approximately 1.5km from the proposed landing site. Save for approaches to the landing/take off area, it is understood helicopters are required to fly at an altitude of at least 1000 feet in built up areas. The flight path plan submitted also requires this. Flying at this height is considered unlikely to result in damage to livestock. Barwon Heads airport should be used instead It is necessary to consider whether it is appropriate to use this land as a helicopter landing site. Existing buildings are inappropriate Considerations are limited to the amendments sought, i.e. landing helicopters and the change of outbuildings used for accommodation. Loss of amenity due to extra accommodation No change is sought to the number of people permitted to be accommodated. History of non-compliance The applicant has informed Officers that functions held are permitted through a planning permit granted in 2010 (ref 523/2010), which allowed a bed and breakfast (20 guests) and a function centre (10 function per year). The planning permit that was sought, granted and is the subject of this amendment was a result of planning enforcement investigations. Development has commenced in furtherance of that planning permit (eg car park, upgrades to waste water system, disabled persons ramps, etc.), but the use of the land through the permit has not yet commenced. The operation of the permit has resulted in a more regulated statutory planning regime. Besides more detailed and certain permit conditions, the planning permit currently reiterates that the landing of helicopters on the land is not permitted. This has led to the current application and statutory planning process. At the time of writing this report, planning enforcement investigations remain open.

29 Development Hearings Panel Page 29 In all the circumstances, any historic breach of the planning scheme does not preclude consideration of the amendments sought. Trust for Nature covenant The amendments sought do not offend the Trust for Nature covenant. It is noted that, since the grant of the original permit, a new covenant has been agreed with the Trust for Nature and is now registered on the title. It is noted that the covenant does not relate to the area where the landing site is proposed and recognises the building near the tennis court. Concern about swapping accommodation buildings No change is sought to permit conditions that prescribe the number of accommodation rooms (12) or number of Residential Hotel guests (24 adults, 6 minors). The permit currently allows hotel guests to walk the grounds. The steep slope on the shore side of the tennis court suggests that guests would likely access the building from the tennis court itself or from the driveway on the west side. Assessment The application is in two parts: 1. Amendment of buildings used for accommodation. The amendment seeks to relocate three accommodation rooms in the pool house to the building near the tennis court, in the north east corner of the land. No amendment to the maximum number of accommodation rooms (12) or the maximum number of guests (24 adults and 6 minors) is sought. The amendment would result in accommodation being provided approximately 50m closer to the dwelling on the land to the north, or approximately 150m from the northern dwelling. Whilst closer, the tennis court building is located lower on the land and its layout orientates common areas away from the dwelling to the north. The proposed amendment to the buildings used for accommodation is not considered to result in an unreasonable level of detriment and is supported. Condition 7 of the permit currently limits the use of the tennis court and the building to between 8am and 8pm. This will need to be amended if people are to sleep in the building.

30 Development Hearings Panel Page 30 The change in how the pool house is used is likely to result in greater use of the swimming pool. It is recommended to that the condition limiting night time use of the tennis court should extend to the swimming pool (a similar form of outdoor recreation/activity). 2. The inclusion of a Helicopter Landing Site on the land. The primary consideration for this part of the amendment is the extent to which the proposed Helicopter Landing Site satisfies Clause (Heliport and Helicopter Landing Site) of the planning scheme. The Purpose of Clause is: To ensure the amenity impacts of a heliport and a helicopter landing site on surrounding areas is considered. The Clause includes various circumstances where a Helicopter Landing Site would be exempt from requiring planning permission. One of the exemptions is where all of the following are satisfied: The number of flight movements does not exceed eight in a 30 day period and four in a 24 hour period Flight movements do not take place before 7am or after sunset on a weekday, or before 8am or after sunset on a weekend or holiday the distance from the landing site to the nearest sensitive use (eg dwelling) is more than 500m. Here, a permit is required because there are dwellings that are less than 500m from the landing site. They are located at: Matthews Road (approximately 290m to the north-east) Matthews Road (approximately 435m to the north-east) Matthews Road (approximately 290m to the south-west) Matthews Road (approximately 410m to the south-west) Matthews Road (approximately 400m to the south-east) The Decision Guidelines require consideration of: Whether the proposal achieves a suitable separation distance from a nearby sensitive use, having regard to the Noise Control Guidelines (Environment Protection Authority, 2008). The effect of the proposal on nearby sensitive uses in terms of the proposed frequency of flight movements and hours of operation. The EPA s Noise Control Guidelines specify an average and maximum noise level at the nearest affected building. The Guidelines note that the specified noise levels will generally be met for helicopters of less than 15 tonnes all-up weight where the landing site is more than 250m from a residential premises. The 250m separation for helicopters less than 15 tonne is also referred to in Clause Where this is met, an acoustic assessment is not required. Given sensitive land uses are more than 250m from the helicopter landing site proposed, a suitable separation distance would be achieved given the weight of helicopters proposed to be used. Flight times and frequency satisfy those specified in the planning scheme and Noise Control Guidelines, and are considered satisfactory.

31 Development Hearings Panel Page 31 A number of conditions are recommended to replace condition 36 that states helicopters are not permitted to land. The new conditions outline where helicopters may land, flight hours and frequency, and helicopter weight. A condition requires a log book to be kept, which should aid any future planning enforcement investigations. For completeness, and having regard to Clause 65 of the planning scheme, the following is offered: The SPPF and LPPF recognise the need to protect environmentally sensitive areas such as Lake Connewarre. Policy also recognises the role of tourism as an economic driver, particularly on the Bellarine Peninsula. No new buildings and works are proposed. The overlays that affect the land are therefore not of particular relevance to the application. However, the Environmental Significance Overlay (ESO2) does act to reiterate the environmental sensitivities of the area. The proposed landing area would be located away from the Lake Connewarre shoreline (approximately 600m from the shoreline and 450m outside of the ESO2). Given this and the frequency of flights proposed, the impacts upon Lake Connewarre are not considered to warrant refusal of the application. In this respect, it is noted that the public land manager has no objection to the proposal and a condition is recommended that seeks to limit low flying helicopters over sensitive areas. The land is within a Farming Zone. The amenity expectations that might reasonably be expected are lesser than what might be expected in a residential zone, for example. Native vegetation would not be affected by the proposed amendments. Conclusion The proposed amendments adequately respond to the provisions of the Greater Geelong Planning Scheme and would not result in an unreasonable level of detriment. It is recommended that the proposed amendments, subject to conditions.

32 Development Hearings Panel Page 32 Application No: Applicant: Subject Land: Owner: Zone: Overlays: Existing Use: Proposal: PP A C Tiricola and R Tiricola 70 Willis Street, PORTARLINGTON M A Mills and G J Boyd Residential Growth Zone Schedule 3 (RGZ3) Nil Dwelling Construction of Four (4) Dwellings, and Alteration of an Access to a Road Zone, Category 1 Subject Site Indicates Objectors. Due to the map size, not all objectors have been identified. 70 WILLIS STREET, PORTARLINGTON

33 Development Hearings Panel Page 33 Summary The subject site comprises approximately 570 square meters on the south west corner of the intersection of Willis Street and Fisher Street in Portarlington. The rectilinear site has a frontage of metres and a depth of metres. The site is not burdened by any easements. The site is generally flat with surroundings lots developed with a mix of single and multi-dwellings. The land is within the Residential Growth Zone Schedule 3 and in the Portarlington Increased Housing Diversity Area (IHDA). The application seeks approval for the construction of three triple storey dwellings, one double storey dwelling, and creation of access to a Category 1 Road. The dwellings comprise a generally consistent floor layout with garage, living area, 2 bedrooms, study, laundry, bathroom and toilet at ground floor level. First floor layouts comprises lounge, kitchen meals area and toilet, and upper floors comprise a master bedroom and ensuite. Unit 4 at the south of the site is an exception being 2 storeys, and the master bedroom being located at the first floor level. The dwellings have a proposed maximum height of metres which is less than the 10.5 metres maximum specified in schedule 3 to the Residential Growth Zone. Notice of the application was given via 2 signs on site and 10 letters to the adjoining land owners and occupiers. 18 objections were received by Council. Objections generally related to the number of dwellings proposed, the height and scale of the development, car parking impacts, loss of views and amenity, lack of consultation, overlooking, overshadowing, and impact on the streetscape and neighbourhood character. A consultation meeting was attended by objectors, the applicant and Council officer. No resolution to objector concerns was reached, and no alterations to the proposal were forthcoming. No written objections have been withdrawn. The location of the development is appropriate for increased dwelling density given the close proximity to the centre of Portarlington and access to existing urban services and infrastructure. The proposal generally accords with State and Local Planning Policies for infill development, and the policy direction of Clause for Increased Housing Diversity Areas. The purpose of the Residential Growth Zone encourages development to provide a transition between areas of more intensive development and other residential areas. Likewise, the Increased Housing Diversity policy considers that the character and diversity of areas will evolve, and encourages that new development will include design elements that respect the context of the site in the locality and streetscape. It is considered that the proposed development does not provide a transition between building heights at the interface between the Residential Growth Zone Schedule 3 (RGZ3) and General Residential Zone Schedule 2 (GRZ2). The proposed three storey form and reduced front setback will present as an imposing structure in the streetscape. Whilst the application is generally compliant with the numerical standards of Clause 55 (ResCode), with some exceptions, the development fails to provide a design response that accords with the purpose of the Residential Growth Zone, and the policy objectives of Clause (The Bellarine Peninsula) and (Increased Housing Diversity Areas) of the Scheme. The permit application is subject to a VCAT Order in response to an application pursuant to Section 79 Applications for review of failures to grant permits of the Planning and Environment Act A hearing is scheduled for 27 August It is recommended that Council advocate at the Tribunal that the grant of a permit be refused.

34 Development Hearings Panel Page 34 Moved: Peter Smith Seconded: John Bryce That Council advocate to the Victorian Civil and Administrative Tribunal (VCAT) it Refuse to Grant a Planning Permit for the Construction of Four (4) Dwellings, and Alteration of an Access to a Road Zone, Category 1 at 70 Willis Street, PORTARLINGTON VIC 3223 on the following grounds: 1. The proposal is not consistent with the objectives of Clause for The Bellarine Peninsula as the proposal does not respect the coastal setting of Portarlington with a contemporary design that reflects the existing scale, setbacks, and spacing of the buildings in the locality. 2. The proposal is not consistent with the objectives of Clause for Increased Housing Diversity as the proposal does not ensure that the density, mass and scale of the residential development is appropriate to the location, role and character of the Portarlington IHDA. 3. The proposal is not consistent with the purpose of the Residential Growth Zone to encourage a scale of development that provides a transition between areas of more intensive use and development and other residential areas. 4. The proposal is insufficiently responsive to three of the objectives and/or standards of Clause 55 including: Report a) Neighbourhood Character b) Street Setback c) Building Height Carried The Site & Locality The subject land comprises 570 square metres on the south west corner of the intersection of Willis and Fisher Streets in Portarlington. The rectilinear site has a frontage of 19.5 metres and a depth of metres. It is generally flat, cleared of native vegetation, and is not burdened by any easements of restrictions on the title. The site is located within the Residential Growth Zone (RGZ3), on the interface with the General Residential Zone (GRZ2) to the south, and the Road Zone, Category 1 to the east (refer Figure 1). The site is located within 440 metres walking distance to the commercial centre of Portarlington, on the southern boundary of the Portarlington Increased Housing Diversity Area (IHDA).

35 Development Hearings Panel Page 35 Figure 1: Zone map showing location of the subject site flagged, in proximity to adjoining zones. Source: PLACES Weave GIS. Figure 2: Portarlington IHDA map showing proximity of the subject site (red flag) to the commercial centre of Portarlington (green flag). Source: PLACES Weave GIS. The site is currently used and developed for dwelling with a single storey detached residence and car port, established garden, and single width vehicle accessway and crossing to Fisher Street at the south site boundary (refer Figures 3, 4 and 5).

36 Development Hearings Panel Page 36 Figure 3: Aerial view of the subject site, circa January Source: PLACES Weave GIS. Figure 4: Terrestrial view of the subject site from the east side of Fischer Street, 17 October Source: Author. Figure 5: Terrestrial view of the subject site from the north side of Willis Street, 17 October Source: Author.

37 Development Hearings Panel Page 37 Adjoining lots, and nearby land to the north, west and south is all used and developed for dwelling with a mix of single storey detached timber and cement sheet residences. Examples of single and occasionally double storey brick and tile residences occur to the west along Willis Street, and north along Fisher Street. Dwellings are generously set back from front and side boundaries, with a mix of roof forms including hipped, gabled and skillion (refer Figure 6, 7 and 8 below). The land to the east of Fisher Street is used and developed for an aged care facility on a large site comprising stands of mature trees. Figure 6: Development on adjoining land to the south at 46 Fisher Street (shown left). Source: Google Streetview, accessed 2 March Figure 7: Development on adjoining land to the south at 68 Willis Street, 17 October Source: Author.

38 Development Hearings Panel Page 38 Figure 8: Development on land opposite the subject site to the north at 42 Fisher Street, 17 October Source: Author. Site History There is no planning permits relating to the site. Proposal The permit application proposes the construction of four multi-storey dwellings, and creation of an access to a Road Zone, Category 1. Figure 9: Proposed site layout plan (ground floor). Source: Application documents. The development is proposed to front Willis Street to the north. The north elevation shows proposed units 1 and 2 presenting a 3 storey building form to a maximum height of 10.5 metres, a front setback of 5.5 metres at ground level, with front balcony setbacks at the first floor level of 3.62 metres, and 4.95 at the second floor (refer Figure 10 and 11 below). Units 2 and 3 present to Fisher Street with a ground floor setback of 3.0 metres and first floor balcony setback of 3.14 metres.

39 Development Hearings Panel Page 39 Figure 10: Proposed north elevation to front Willis Street. Source: Application documents. Figure 11: Proposed east elevation to Fisher Street. Source: Application documents. The development is to be clad using a mix of face brick, lightweight render, timber and extensive glazing. Each dwelling includes two car parking spaces, including 1 each undercover for a total of 8 on-site car parking spaces. Greater Geelong Planning Scheme Definition and Nesting Pursuant to Clause 74 of the Planning Scheme a dwelling is defined as: A building used as a self-contained residence which must include: a) a kitchen sink; b) food preparation facilities c) a bath or shower; and d) a closet pan and wash basin. It includes outbuildings and works normal to a dwelling. Pursuant to Clause of the Planning Scheme a dwelling is nested in the Accommodation group.

40 Development Hearings Panel Page 40 Zone The subject site is located in a Residential Growth Zone 3. The purpose of this 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 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. Schedule 3 has included this zone as a coastal Increased Housing Diversity Area. Under this schedule the following is required: Minimum street setback- the average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 5.5 metres, whichever is the lesser. Site coverage: Maximum site coverage 70% Private open space: A dwelling or residential building should have private open space consisting of: o o o An area of 20 square metres of secluded private open space at the side or rear of the dwelling or residential building with a minimum dimension of 3 metres and convenient access from a living room; or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room; or A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. Building height: A building used as a dwelling or a residential building must not exceed a height of 10.5 metres Buildings and works and dwellings: The requirements of Clause in relation to the siting, height, scale, materials and form of proposed buildings. Under Clause a development must meet the requirements of Clause 55. Overlay None

41 Development Hearings Panel Page 41 Permit required clause and condition A planning permit is triggered for this application pursuant to the following clauses of the Greater Geelong Planning Scheme: Pursuant to Clause of the Residential Growth Zone a permit is required to construct two or more dwellings on a lot. Pursuant to Clause of the Particular Provisions a permit is required to create or alter access to a road in a Road Zone, Category 1. Restrictive Covenants The subject site is not burdened by a Restrictive Covenant or Section 173 Agreement. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a cultural heritage management plan is required for an activity or class of activity. Areas of cultural heritage sensitivity are defined within Division 3 of the Aboriginal Heritage Regulations Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity. In accordance with the above assessment, a cultural heritage management plan is not required. 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. Council s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at 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.

42 Development Hearings Panel Page 42 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. It is considered that no bushfire protection measures to address the identified bushfire risk is necessary. 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.. 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 non-putrescible 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.

43 Development Hearings Panel Page 43 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. Car Parking Under the requirements of Clause , two car parking spaces must be provided to each dwelling, one each of which must be undercover. Bicycle Spaces No bicycle spaces are required to be provided for the construction of a dwelling in accordance with Clause State Planning Policy Framework The following State Planning Policies are applicable to this application: The objectives of Clause Integrated decision making state 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. The objective of Clause Supply of urban land is to ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses. Relevant Strategies to achieve this include: Plan to accommodate projected population growth over at least a 15 year period and provide clear direction on locations where growth should occur. Residential land supply will be considered on a municipal basis, rather than a town-by-town basis. Planning for urban growth should consider: o Opportunities for the consolidation, redevelopment and intensification of existing urban areas. o Neighbourhood character and landscape considerations. o The limits of land capability and natural hazards and environmental quality. o Service limitations and the costs of providing infrastructure. Monitor development trends and land supply and demand for housing and industry Regional planning The objectives of Clause Regional Planning include to develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable. Relevant Strategies to include this include:

44 Development Hearings Panel Page 44 Support a network of integrated and prosperous regional settlements by: o Directing growth to locations where utility, transport, commercial and social infrastructure and services are available or can be provided in the most efficient and sustainable manner. o Ensuring there is a sufficient supply of appropriately located residential, commercial, and industrial land across a region to meet the needs identified at regional level. o Developing strategies for regional cities that reflect growth opportunities and priorities, including the identification of urban renewal and infill opportunities to optimise infrastructure investment and surplus government land. Support the growth and development of distinctive and diverse regional settlements by: o Encouraging high-quality urban and architectural design which respects the heritage, character and identity of each settlement. o Limiting urban sprawl and directing growth into existing settlements, promoting and capitalising on opportunities for urban renewal and infill redevelopment. o Ensuring that the potential of land that may be required for future urban expansion is not compromised. Promote liveable regional settlements and healthy communities by: o Encouraging the development of compact urban areas which are based around existing or planned activity centres to maximise accessibility to facilities and services. o Improving the availability of a diverse range of affordable accommodation, including social housing, in regional cities and locations with good access to transport, commercial facilities and community services. The objectives of Clause Planning for Growth is to optimise infrastructure and consolidate growth. A relevant Strategy to achieve this is: Maximise capacity and leverage off existing infrastructure and services, particularly near central retail and transport nodes. The objectives of Clause Connected communities is to create unique and connected communities. Relevant Strategies to achieve this include to: Support growth that enhances choice, health and wellbeing, liveability, amenity and diversity and creates a sense of place. Create communities with opportunity to participate in arts, culture, sport and recreation, encouraging healthy lifestyles. Support key district towns across the region providing services to surrounding areas. The objectives of Clause Integrated housing is to promote a housing market that meets community needs. Relevant Strategies to achieve this include to: Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land. Ensure that the planning system supports the appropriate quantity, quality and type of housing, including the provision of aged care facilities, supported accommodation for people with disability, rooming houses, student accommodation and social housing. Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns. Encourage housing that is both water efficient and energy efficient.

45 Development Hearings Panel Page 45 The objectives of Clause Location of residential development is to locate new housing in or close to activity centres and in urban renewal precincts and sites that offer good access to jobs, services and transport. Relevant Strategies to achieve this include to: Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas. Encourage higher density housing development on sites that are well located in relation to jobs, services and public transport. Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development. Facilitate residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water efficient design principles and encourages public transport use. Identify opportunities for increased residential densities to help consolidate urban areas. The objectives of Clause Housing diversity is to provide for a range of housing types to meet increasingly diverse needs. Relevant Strategies to achieve this include to: Ensure housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs. Encourage the development of well-designed medium-density housing which: o Respects the neighbourhood character. o Improves housing choice. o Makes better use of existing infrastructure. o Improves energy efficiency of housing. Support opportunities for a wide range of income groups to choose housing in well serviced locations. Ensure planning for growth areas provides for a mix of housing types and higher housing densities in and around activity centres. The objectives of Clause Housing affordability is to deliver more affordable housing closer to jobs, transport and services. Relevant Strategies to achieve this include to: Improve housing affordability by: o Increasing choice in housing type, tenure and cost to meet the needs of households as they move through life cycle changes and to support diverse communities. o Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. Local Planning Policy Framework Municipal Strategic Statement The following policies of the Municipal Strategic Statement are applicable to this application:

46 Development Hearings Panel Page 46 The policy basis of Clause CITY OF GREATER GEELONG SUSTAINABLE GROWTH FRAMEWORK in regards to managing urban growth is stated as follows: Council will: Set clear settlement boundaries and consolidate development within those boundaries in a managed way. Encourage diversity in all communities. Design healthy, walkable neighbourhoods. Strive for engagement and inclusion in all communities. Protect, restore and enhance Geelong s biodiversity and natural systems. The policy basis for Clause Housing is: The majority of new housing development in the municipality will continue to be in the form of detached dwellings on conventionally sized blocks; however the demand for smaller dwelling types is expected to escalate. This trend will be driven by significant growth in smaller households (primarily singles, childless couples and sole parents), as well as emerging preferences for lower maintenance dwellings that are close to urban services. The ageing of the population will contribute substantially to the increase in demand for low maintenance dwellings and retirement accommodation. This accommodation will need to be close to urban services. In order to meet these demands, there is a need to provide for a range of housing typologies including unit, townhouse, attached, multilevel and apartment dwellings. There is a need to maintain competition and diversity in the housing market. The policy basis for Clause Settlement is: There is an environmental, economic and social imperative to reduce urban sprawl and improve accessibility to urban services, principally by consolidating urban development around places of activity and public transport infrastructure. New infill development should be directed to well serviced areas and should be of a high design quality and respond to the locality. Outward urban growth needs to be carefully managed and directed to designated locations that offer the greatest net benefit to the Geelong community, can be appropriately serviced and which have the capacity to accommodate sustainable development. All development should contribute positively to the quality of the urban environment so that it may be enjoyed and respected by the existing and future community. Whilst rural living areas provide for greater consumer choice in the housing market, they can be inefficient to service and generally contrary to the objective of maintaining a farmed rural landscape in the City s rural areas. There is consequently a need to restrict rural living to specific locations and to ensure that consumers meet their equitable share of the cost of servicing such locations. The municipality s rural living nodes will continue to rely on established townships and urban Geelong for commercial and community facilities.

47 Development Hearings Panel Page 47 The objectives of Clause Urban consolidation are: To provide for the consolidation of existing urban areas in a managed way. To encourage an appropriate range of development densities. To improve accessibility to urban services. Relevant strategies to achieve this include to: Manage urban consolidation and housing change across the municipality, by: o Accommodating medium and high density housing in Key Development Areas (as defined by the maps included in this clause). o Maximising opportunities for housing within Increased Housing Diversity Areas (as defined in Clause Increased Housing Diversity Areas) by accommodating; high density housing in the activity centres consistent with their primary commercial and retail role; and medium density housing in residential areas with more intensive development being located closest to the core of activity centres. o Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas. o Providing for incremental change in the General Residential Zone (Schedule 2) areas. The objectives of Clause Neighbourhood character include to: To manage the impact of urban change on existing neighbourhoods. To ensure that new development responds to the existing neighbourhood character. To protect areas with a significant garden character. To protect areas with views to significant landscape features. Relevant strategies to achieve this include to: Acknowledge that neighbourhood character in the Increased Housing Diversity Areas will adapt and evolve over time, particularly within and on the edges of activity centres, where land use and development will intensify. Ensure that development is responsive to the established character of the area. The objectives of Clause of the Bellarine Peninsula are to: To protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements. To 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 encourage street based activity. To provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community. To preserve the individual character, identity and role of each Bellarine township.

48 Development Hearings Panel Page 48 Relevant strategies to achieve this include to: 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. Encourage development which respects the coastal landscape setting of Portarlington by: o Providing reasonable sharing of views of the coast and foreshore, where a view has been identified in an overlay. o Promoting contemporary design that reflects the existing scale, setbacks, spacing, forms and materials of the buildings in the locality. o Ensuring that development allows for the protection of significant vegetation and/or planting around buildings and has minimal impact on roadside vegetation. Local Planning Policies The following Local Planning Policies are applicable to this application Increased Housing Diversity Areas The policy basis of Clause is as follows: This policy provides guidance on development in Council s Increased Housing Diversity Areas (IHDA). IHDAs have been identified around activity centres and have significant capacity to accommodate residential growth and increased housing diversity. These areas can provide residents local shopping needs and/or are serviced by public transport. New development in these areas should encourage walking by residents and discourage reliance on cars for all trips. Medium density housing can have a greater impact on neighbourhood character than traditional detached housing. As housing density intensifies, it is important that design quality improves to ensure a positive contribution to the neighbourhood. Redevelopment of existing housing stock should be well designed, site responsive, contemporary medium density housing. This will lead to an intensification of development patterns overtime. The intensity of redevelopment will be highest around the activity centre core and lower at the edge of the IHDA. Instead of applying a one size fits all approach, medium density development should be achieved through a range of housing typologies that best reflect the local context. Increased residential densities will be achieved through a mix of different building forms and scales. New housing in the form of units, townhouses, terrace housing and apartments will depart from traditional detached housing. In doing so it will respond to unique characteristics of an area such as heritage, significant vegetation, topography and views, which may reduce the development potential. For areas of heritage significance, new development should balance the preservation and restoration of the identified heritage place and other opportunities for new housing.

49 Development Hearings Panel Page 49 Housing should also meet the needs of a diverse range of future residents including the demand for smaller, low maintenance households and tourist accommodation. The relevant objectives of Clause are: Policy To evolve the character of these areas through more intensive development. To ensure that the density, mass and scale of residential development is appropriate to the location, role and character of the specific IHDA. To ensure development makes a positive architectural and urban design contribution to the IHDA. To promote a diversity of housing types to cater to a variety of lifestyle needs. To promote walking trips and pedestrian safety within the IHDAs. To encourage new development to provide a high level of on-site amenity for future residents. It is policy that development within each of the Increased Housing Diversity Areas responds positively to the relevant matters set out in this policy Design Objectives Built Form Encourage innovative, high quality, site responsive medium density housing development. Encourage development that incorporates a combination of horizontal and vertical articulation, materials, textures and colours to create visual interest. Encourage a sympathetic design response when addressing any unique characteristics such as heritage places, significant vegetation, topography and public spaces. Discourage storage areas located within the minimum area of secluded open space. Building Height Encourage two and three storey development. Three storey development should be encouraged on larger sites abutting the activity centre or where the amenity of adjoining properties will not be unreasonably impacted. Encourage the recessing of the third storey to reduce dominance of the building from adjoining properties and the streetscape. Ensure that the height and bulk of the new development on interface properties, between an IHDA and other residential areas, is responsive to the adjoining character and provides a transition in the built form between areas. Landscaping and Vegetation Where appropriate, provide a street tree to enhance the contribution of the development to the streetscape. Subdivision and Consolidation Encourage the consolidation of lots to increase development potential. Discourage the fragmentation of sites and underdevelopment of sites.

50 Development Hearings Panel Page 50 Car Parking Heritage Referrals EXTERNAL Ensure that the visual prominence of car parking structures is minimised by locating them behind the line of the front façade and designing them to form a visually unobtrusive part of the building. Where more than one car space is provided, encourage the use of a single-width garage or carport and a tandem parking space on existing or proposed lots with a frontage of less than 10.5m. Minimise the number of vehicle crossings and where possible, access should be from lower order roads and rear laneways. Ensure that development in or adjacent to heritage places is sympathetic and respects the significance of the place. Where new development is proposed in or adjacent to a heritage place, ensure building elements above one-storey in height are set back behind the roof ridgeline of the heritage buildings. Section 55 Determining Authority: VicRoads Response: Section 55 No conditions Thank you for your letter dated 22 November 2017, referring details of the above application to the Roads Corporation (VicRoads) pursuant to Section 55 of the Planning and Environment Act The application is for: Construction of Four (4) Dwellings, and Alteration of an Access to a Road Zone, Category 1 VicRoads has considered the application and in principle has no objection to the proposal. Officer Comment: No objection to the grant of a permit, and no conditions are required. It is notable that both new proposed accesses to the Category 1 Road do not allow vehicles to egress the site in a forward direction. VicRoads did not object to, nor condition this part of the design response. INTERNAL Authority: Response: Drainage: Engineering Services The site must be drained to the satisfaction of the Responsible Authority and no concentrated storm water may drain or discharge from the land to adjoining properties.

51 Development Hearings Panel Page 51 Drainage & Vehicular Access: Prior to the occupation of the dwellings, the developer must: Construct the site stormwater system including separate connection for each unit into the underground drain in Fisher Street, 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. Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong. Remove any redundant vehicular crossings with kerb and channel and the footpath/nature strip area reinstated to match existing construction in the street; all to the satisfaction of the Responsible Authority. Note: 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. Stormwater Management 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 Officer Comment: All relevant conditions should be placed on any permit to be issued. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The application was not amended prior to public notification.

52 Development Hearings Panel Page 52 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: Ten (10) Notices were sent to owners and occupiers of adjoining land (including opposite) Two (2) A3 sign(s) were placed on the land Eighteen (18) objections have been lodged with Council. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. CONSULTATION: The permit applicant provided a considered written response to the matters raised in objections to the grant of a permit for additional consideration by Council. A consultation meeting was held on 5 February 2018 with the applicant, a Council officer, and objectors. The meeting discussed the issues raised to see if any resolutions were possible. The permit applicant did not propose reconsideration of any parts of the design response during the consultation meeting, nor in follow-up correspondence with the Council officer. Instead, the applicant engaged representation who advised that an application would be made to the Tribunal pursuant to Section 79 of the Act. Consideration of Objections The objections have been summarised and considered as follows: Objection 1: The proposal is not appropriate for its location and the neighbourhood The development is incompatible with the character, density and scale of the area The building height is inappropriate The proposal will set an adverse character precedent for the area The proposal is an over-development for the lot size Response A detailed assessment of how the proposal responds to the existing and preferred character of the area is provided later in this report at ResCode Assessment Two or More Dwellings on a Lot, and in response to the objectives and strategies of Clause (The Bellarine Peninsula), and the design objectives of Clause (Increased Housing Diversity Areas).

53 Development Hearings Panel Page 53 In summary, it is considered that the proposed height and scale of the development albeit quantitatively less than the maximum allowable under the requirements of the RGZ3 does not accord with existing density, mass and scale characteristics of the area or the design objectives of Local Policy as prescribed at Clause of the Scheme. It is anticipated that the character of the area within the RGZ3 will evolve. It is a relevant matter for planning consideration as to whether the proposed density, mass and scale of the proposal is appropriate for this location, particularly where the approval of it would likely result in a precedent for land in the RGZ3 at the interface of the General Residential Zone Schedule 2. Objection 2: The development results in an unreasonable outcome for future occupants Response Does not comply with Clause for ground floor kitchen Insufficient Private Open Space Balconies should not be considered private open space No play areas for children Not enough car parking for occupants and their visitors The objectives of Clause including the requirement to provide a dwelling with a kitchen at ground floor level applies to developments of ten or more dwellings, and does not apply to the current proposal given less than ten dwellings are proposed. Clause of the scheme requires consideration to the On-site Amenity and Facilities of a multi-dwelling development. Accordingly Standard B28, as varied within the RGZ3, relate to the provision of private (including secluded) private open space. Accordingly, Schedule 3 to the RGZ allows for A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room to meet the Standard. The balconies shown for each of the proposed dwellings exceed the requirements of this standard. Clause 72 of the Scheme defines private open space to be An outdoor area of a dwelling or residential building or land for the exclusive use of the occupants. The Scheme does not stipulate that private open space areas comply with additional requirements to accommodate particular needs of occupants, including children. To this end, the development has met the requirements of the Scheme. This application has been assessed under the provisions of Clause (Car parking) of the Scheme. The scheme requires 8 car parking spaces be provided on site, including 4 undercover car parking spaces. There is no requirement to provide on-site visitor parking given the development proposes fewer than 5 dwellings. Eight car parking spaces have been provided, in accordance with the requirements of the Scheme. Objection 3: The development results in an unreasonable impact on adjoining land Potential overlooking and loss of privacy Overshadowing during winter in particular The 12pm shadow diagram is inaccurate

54 Development Hearings Panel Page 54 Response Clause of the scheme requires consideration to the Amenity Impacts of a multidwelling development, including consideration to overlooking to dwellings on adjoining land, and overshadowing. At ground level, the proposal includes boundary fencing to a height of 1.8 metres, reducing the likelihood of overlooking from windows and areas of private open space, and in accordance with the requirements of Standard B22. Standard B22 also requires consideration of potential overlooking from upper level balconies and habitable room windows to areas of secluded private open space and habitable room windows of dwellings within 9 metres, measured at ground level. To this end, the development has been assessed for each window and balcony on both upper levels. Generally, this applies to west and south facing windows on the first and second floors. Compliance has been achieved either by the provision of hi-light windows with sill heights of 1.7 metres above floor level, or obscure glazing treatments. The west facing Bed 1 window of Unit 1 on the second floor, whilst not obscured nor hi-light, has a view line obscured by the height of the west wall at the first floor level preventing overlooking to the front-most habitable room window on the east side of the dwelling at 60 Willis Street. If a permit were to be issued, it is recommended that this be clarified in the form of an overlooking section on the plans for endorsement, or a window treatment that clearly demonstrates compliance. Overshadowing of buildings and land adjoining the site is a relevant planning consideration at Clause of the Scheme. Standard B21 requires that shadows cast by new buildings on 22 September result in not less than 75% of secluded private open space of dwellings on adjoining land retain at least 5 hours of sunlight between 9am and 3pm. The shadow diagrams provided with the application demonstrate that this requirement has been met. Objection 4: The proposal will result in an adverse landscape outcome Adverse impact on tree and landscape views No landscape diagram prepared by a qualified landscape architect Response The existing vegetation on the subject site has no significance under the provisions of the Greater Geelong Planning Scheme. As such, the scheme allows for this vegetation to be removed to accommodate redevelopment. Similarly, views to trees and vegetation across the subject site from adjoining land are not protected under the provisions of the Scheme. The proposal will have no impact on the view from existing dwellings to the streetscape. The proposal retains areas of open space within the front and side building setbacks that allow for plantings and landscaping to accord with the requirements of Clause Should a permit be issued, it is recommended that a condition be added to require that prior to the occupation of the development, a detailed landscape plan demonstrating compliance with Standard B13 be endorsed to form part of the permit. It is also recommended that the provision of street trees be a condition of any permit, given the ample space available within the nature strip adjoining the land and the Landscaping and Vegetation Design Objectives of Clause (Increased Housing Diversity Area).

55 Development Hearings Panel Page 55 Objection 5: The proposal will have an adverse impact on nearby streets Increased noise and traffic to the area Obstructs traffic view lines at intersection, and traffic safety risk. Response The application proposes an increase in the intensification of the existing use of the land for dwelling, as encouraged by the Increased Housing Diversity Areas policy of the Scheme. It is anticipated that this increase will result in a proportionate increase in traffic volumes, traffic noise, and noise associated with residential land uses. The proposal does not include elements that are likely to result in an unreasonable increase in traffic volumes or residential noise levels. The intersection of Fisher Street and Willis Street is characterised by a road reserve width in excess of 30 metres, and carriageway widths in excess of 9.5 metres (Willis Street) and 6.0 metres (Fisher Street).The traffic view lines to be impacted by the proposal are those of north bound traffic along Fisher Street, and east bound vehicles along Willis Street. The proposed building will be set back approximately 20 metres from eastbound Willis Street traffic, and 14 metres from northbound Fisher Street traffic, providing generous sightlines across the intersection to both without obstruction, and well in excess of those commonly found in urban areas. Objection 6: The proposal will impact on safety and security Poor emergency service access to buildings and existing fire plugs Not 'community minded', 'friendly' Commercial venture not to be occupied by the developer Response Existing fire plugs within the road reserve adjoining the site are not proposed to be affected by the construction or ongoing use of the development. Insofar as access to the development by emergency services is a matter for planning consideration, the design and layout of dwellings is unlikely to obstruct access by emergency services from the street. The proposed development is considered unlikely to result in any unusual patterns of behaviour among existing or future residents beyond that normally associated with a residential area such as this. The development is not considered inherently friendly or unfriendly, or likely to increase or decrease the level of community mindedness of residents in the future and not a sound planning basis on which to constrain residential development. The commercial development and redevelopment of land is a common practice that contributes to the provision and revitalisation of housing stock. Consequently, commercial gain (or loss) and whether the developer occupies the development is not considered a relevant matter for planning consideration. Objection 7: The proposal has not been subject to appropriate community consultation No pre-application meeting was held Lack of consultation

56 Development Hearings Panel Page 56 Response Council offers complimentary pre-application meeting opportunities to permit applicants for discussion of relevant matters to do with the application process, and the requirements of the Scheme. Whilst Council encourages permit applicants to use this service, it is not a pre-requisite to lodging a permit application, and not a matter for consideration in the assessment of the permit application. The permit application was subject to public notification pursuant to Section 52 of the Act, and evidence that notification was given was provided to Council in accordance with Section 53(2) of the Act. The notice requirements of the Act have been satisfied. Assessment Clause Car Parking The purpose of Clause is: To ensure that car parking is provided in accordance with the State Planning Policy Framework and the Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promotes the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity off the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. Response The application proposes the provision of four (4) undercover car parking spaces, and four tandem car parking spaces in accordance with the requirements of Clause of the Particular Provisions. With less than 5 dwellings proposed for the development, there is no requirement to provide visitor car parking on the land. No visitor car parking spaces are proposed. The plans show the car parking spaces provided generally accord with the requirements of Clause Design standards for car parking, with minimum internal dimensions of 3.5 metres wide and 6.0 metres long, and tandem parking space dimensions of 2.6 metres wide and 4.9 metres long each with a required additional 0.5 metres. Two new accessways to a Category 1 Road are proposed, both of which do not allow vehicles to exit the site in a forward direction as sought by Design Standard 1 - Accessways. The relevant road management authority, VicRoads, reviewed the design response and did not object to the grant of a permit, nor were conditions required on any permit to be granted. Clause Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road The purpose of Clause is: To ensure appropriate access to identified roads. To ensure appropriate subdivision of land adjacent to identified roads

57 Development Hearings Panel Page 57 With consideration to the decision guidelines of Clause 52.29, the proposal is unlikely to result in any adverse effect on the operation of the road beyond that normally encountered by residential development in a residential area. The application was referred to VicRoads pursuant to Section 55 of the Act. VicRoads did not object to the grant of a permit, and did not request any conditions be included in any permit issued. Clause 55 - ResCode Assessment Two or More Dwellings on a Lot The development is required to be assessed against Clause 55 as set out below: Neighbourhoo d character objectives To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area. Standard B1 The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site. Does not comply The prevailing garden suburban character of the area demonstrates a mix of detached, predominately single and occasional double storey dwellings, with cement, timber and brick cladding. A mix of roof forms occur in the area including flat and skillion, as well as low pitched gabled and hipped forms in either metal or cement tile cladding. Examples of deep pitched gables occur, presenting an increased single storey building height to the streetscape. However, no buildings in proximity to the site exceed 2 storeys. Buildings are typically setback from the front, side and rear boundaries. These setbacks are accentuated by the extraordinarily wide nature strip widths of between 10 and 12 metres adjoining the site and extending in each direction. The proposed three storey built form contrasts with the existing single and occasional double storey character of the area. The proposal presents an imposing triple storey building form to the streetscape with balcony encroachments further accentuating this dominance. Although the zone allows for building heights of up to 10.5 metres, the policy seeks to provide a graduation of heights at interface locations such as this. The proposal is considered respectful in its proposed use of brick at the ground floor and lightweight cladding at the upper levels, however the height and bulk is not considered respectful of the existing character of the area, or the proposed character given its interface location with the GRZ2. It is acknowledged that the locality should expect some change in dwelling design and intensity, where the IHDA applies, however it is considered that this proposal

58 Development Hearings Panel Page 58 is too great a departure from the existing dwelling form and spacing to be an acceptable addition in the streetscape Residential policy objectives To ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To support medium densities in areas where development can take advantage of public transport and community infrastructure and services Dwelling diversity objective To encourage a range of dwelling sizes and types in developments of ten or more dwellings Infrastructure objectives To ensure development is provided with appropriate utility services and infrastructure. To ensure development does not unreasonably overload the capacity of utility services and infrastructure. Standard B2 An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Standard B3 Developments of ten or more dwellings should provide a range of dwelling sizes and types, including: Dwellings with a different number of bedrooms. At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level. Standard B4 Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available. Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads. In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure. Supplied The required written statement has been provided. The proposal complies with many of the residential policies for the increase in dwelling density in areas that have appropriate infrastructure and services. However, the proposal is lacking with respect to responsiveness to neighbourhood character and to protection of residential amenity. N/A Less than ten dwellings are proposed. Complies The site is serviced by the required infrastructure and the application has been referred to Council s Engineers who have not raised any concern about the ability of the site to be drained.

59 Development Hearings Panel Page Integration with the street objectives To integrate the layout of development with the street. Standard B5 Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility. Development should be oriented to front existing and proposed streets. High fencing in front of dwellings should be avoided if practicable. Development next to existing public open space should be laid out to complement the open space. Complies The development is designed to address Willis Street, with pedestrian and vehicle links to the street provided. There is no high front fencing proposed for this development Street setback objective To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. Standard B6 Walls of buildings should be set back from streets the distance specified in Table B1. Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard. Schedule 3 to the RGZ allows a minimum setback of 5.5 metres. Does not comply Upper floor balconies and dividing walls encroach into the front setback beyond the parameters of the standard, therefore the front setback is taken to be the built form of the balconies and the dividing walls between them. The setbacks are 5.5 metres at the ground floor level, but 3.62 metres at the first floor, and 4.95 metres at the upper floor, which does not comply with the standard of 5.5 metres Building height objectives To ensure that the height of buildings respects the existing or preferred neighbourhood character. Standard B7 The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land. If no maximum height is specified in the zone, schedule to the zone or an With consideration to the decision guidelines of the Clause, a variation to the standard is not supported on the basis that the variation contrasts with the prevailing setbacks of the area. Complies with standard While the dwellings are three storey in scale, the maximum height of metres complies with the standard.

60 Development Hearings Panel Page 60 overlay, the maximum building height should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres. Changes of building height between existing buildings and new buildings should be graduated. Does not comply with objective Dwellings in the locality are generally one or maximum two storeys with a known maximum height in the order of 7.4m at 64 Willis Street. The proposed height substantially exceeds the prevailing neighbourhood character height, and does not provide the height transition sought by the preferred neighbourhood character policy given no similar building heights occur on adjoining or adjacent land Site coverage objective To encourage development that respects the landscape character of the neighbourhood. To encourage the retention of significant trees on the site Permeability objectives To reduce the impact of increased stormwater runoff on the drainage system. To facilitate on-site stormwater infiltration. Standard B8 The site area covered by buildings should not exceed 60 per cent. Standard B9 At least 20 per cent of the site should not be covered by impervious surfaces. Complies The site coverage of buildings is 62 percent of the site, which is less than the 70% allowed by Schedule 3 to the RGZ Complies The site retains 31 per cent permeability, assisting in on site stormwater filtration.

61 Development Hearings Panel Page Energy efficiency objectives To achieve and protect energy efficient dwellings and residential buildings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy. Standard B10 Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the development, if practicable. Developments should be designed so that solar access to north-facing windows is maximised. Complies The dwellings are designed to take advantage of solar energy and living rooms and private open space areas and located to receive northern light Open space objective To integrate the layout of development with any public and communal open space provided in or adjacent to the development. Standard B11 If any public or communal open space is provided on site, it should: Be substantially fronted by dwellings, where appropriate. Provide outlook for as many dwellings as practicable. Be designed to protect any natural features on the site. Be accessible and useable. N/A There is no communal open space requiring consideration.

62 Development Hearings Panel Page Safety objective To ensure the layout of development provides for the safety and security of residents and property. Standard B12 Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways. Planting which creates unsafe spaces along streets and accessways should be avoided. Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways. Private spaces within developments should be protected from inappropriate use as public thoroughfares. Complies The development is designed to provide for the safety and security of residents and property. All dwelling entrances are clearly visible from the street and private spaces within the development will be fenced Landscaping objectives To encourage development that respects the landscape character of the neighbourhood. To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance. To provide appropriate landscaping. To encourage the retention of mature vegetation on the site. Standard B13 The landscape layout and design should: Protect any predominant landscape features of the neighbourhood. Take into account the soil type and drainage patterns of the site. Allow for intended vegetation growth and structural protection of buildings. In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals. Provide a safe, attractive and functional environment for residents. Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood. Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made. The landscape design should specify landscape themes, Complies There are adequate areas available on site to allow for planting which will complement the landscape character of the area. Whilst the side and the rear of the building has minimum setbacks to common boundaries of 1m, there appears to be adequate space to the north and east of the building to allow for tree and shrub plantings to occur. The significant nature strip widths allow ample opportunity for the establishment of street trees. Should a permit be granted, it is recommended the provision of a street tree be a condition of it.

63 Development Hearings Panel Page 63 vegetation (location and species), paving and lighting Access objective To ensure the number and design of vehicle crossovers respects the neighbourhood character Parking location objective To provide convenient parking for resident and visitor vehicles. To protect residents from vehicular noise within developments. Standard B14 The width of accessways or car spaces should not exceed: 33 per cent of the street frontage, or if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage. No more than one single-width crossover should be provided for each dwelling fronting a street. The location of crossovers should maximise the retention of onstreet car parking spaces. The number of access points to a road in a Road Zone should be minimised. Developments must provide for access for service, emergency and delivery vehicles. Standard B15 Car parking facilities should: Be reasonably close and convenient to dwellings and residential buildings. Be secure. Be well ventilated if enclosed. Large parking areas should be broken up with trees, buildings or different surface treatments. Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway. Complies A total of 30.8 per cent of the frontage is taken up with vehicle crossings, which complies with the standard. Complies Convenient parking is provided for residents and shared accessways are located at least 1.5 metres from the windows of habitable rooms Side and rear setbacks objective To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood Standard B17 A new building not on or within 200mm of a boundary should be set back from side or rear boundaries: At least the distance specified in a schedule to the zone, or Complies The required setbacks have been achieved for the development and all side and rear setbacks comply with the formula

64 Development Hearings Panel Page 64 character and limits the impact on the amenity of existing dwellings. If no distance is specified in a schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres. Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard. Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard. contained in the standard Walls on boundaries objective To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings. Standard B18 A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary: For a length of more than the distance specified in a schedule to the zone; or If no distance is specified in a schedule to the zone, for a length of more than: o 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or o Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater. A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary. N/A There are no new walls proposed on property boundaries.

65 Development Hearings Panel Page 65 A building on a boundary includes a building set back up to 200mm from a boundary. The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall Daylight to windows objective To allow adequate daylight into existing habitable room windows. Standard B19 Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot. Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window. Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window. Complies The required light courts have been achieved and all windows have access to the required level of daylight North facing windows objective To allow adequate solar access to existing northfacing habitable room windows. Standard B20 If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis Complies The setback required by the standard has been achieved for the north facing windows of the dwellings on adjoining lots.

66 Development Hearings Panel Page 66 perpendicular to its surface oriented north 20 degrees west to north 30 degrees east Overshadowing open space objective To ensure buildings do not significantly overshadow existing secluded private open space. Standard B21 Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced. Complies The level of overshadowing associated with the development is within the requirements of the standard Overlooking objective To limit views into existing secluded private open space and habitable room windows. Standard B22 A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: Offset a minimum of 1.5 metres from the edge of one window to the edge of the other. Have sill heights of at least 1.7 metres above floor level. Have fixed, obscure glazing in any part of the window below 1.7 metre above floor level. Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent. Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard. Complies The development is designed to meet the requirements of the standard and therefore views into existing secluded private open space areas and habitable room windows have been limited. For clarity, it is recommended that should a permit be issued, compliance for the west facing window of Bed 1 of Unit 1 at the upper level should be clarified via an overlooking section shown on the plans for endorsement, or a window treatment that accords with the standard.

67 Development Hearings Panel Page Internal views objective To limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development Noise impacts objective To contain noise sources in developments that may affect existing dwellings. To protect residents from external noise. Screens used to obscure a view should be: Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels. Permanent, fixed and durable. Designed and coloured to blend in with the development. This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary. Standard B23 Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development. Standard B24 Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings. Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties. Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms. Complies Internal views have been considered in the design solution and there is no internal overlooking. - N/A There are no external noise sources which require consideration Accessibility objective To encourage the consideration of the needs of people with limited mobility in the design of developments Dwelling entry objective To provide each dwelling or residential building Standard B25 The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility. Standard B26 Entries to dwellings and residential buildings should: Complies The entries to the ground floor of the dwellings are accessible to those with limited mobility. Complies All dwelling entries are clearly visible and identifiable from the street providing for a

68 Development Hearings Panel Page 68 with its own sense of identity. Be visible and easily identifiable from streets and other public areas. Provide shelter, a sense of personal address and a transitional space around the entry. sense of identity for each dwelling. A transitional space is provided at each dwelling entry Daylight to new windows objective To allow adequate daylight into new habitable room windows Private open space objective To provide adequate private open space for the reasonable recreation and service needs of residents. Standard B27 A window in a habitable room should be located to face: An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or A verandah provided it is open for at least one third of its perimeter, or A carport provided it has two or more open sides and is open for at least one third of its perimeter. B28 A dwelling or residential building should have private open space of an area and dimensions specified in the schedule to the zone. If no area or dimensions are specified in the schedule to the zone, a dwelling or residential building should have private open space consisting of: An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. Complies All habitable room windows face an outdoor space of the required dimensions, allowing light into habitable rooms. Complies Each proposed dwelling has been provided with a balcony of not less than 8 square metres and minimum width of 1.6 metres and convenient access from a living room in accordance with the standard.

69 Development Hearings Panel Page Solar Access to Open Space To allow solar access into the secluded private open space of new dwellings and residential buildings. Standard B29 The private open space should be located on the north side of the dwelling or residential building, if appropriate. The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where h is the height of the wall. Complies The proposed secluded private open space receives adequate solar access and complies with the setback requirement of the standard Storage To provide adequate storage facilities for each dwelling. Standard B30 Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space. Complies The appropriate storage areas have been provided in accordance with the standard. A combination of floor level and elevated spaces have been shown to demonstrate compliance Design Detail To encourage design detail that respects the existing or preferred neighbourhood character. Standard B31 The design of buildings, including: Façade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets, should respect the existing or preferred neighbourhood character. Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character. Complies The proposed development is considered to respect the preferred neighbourhood through the appropriate use and design of façade articulation & detailing, window and door proportions, roof form and verandahs, eaves and parapets. The garages are considered to be visually compatible with the development and neighbourhood character.

70 Development Hearings Panel Page Front Fences To encourage front fence design that respects the existing or preferred neighbourhood character Common Property To ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained. To avoid future management difficulties in areas of common ownership Site Services To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive. Standard B32 The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres. Standard B33 Development should clearly delineate public, communal and private areas. Common property, where provided, should be functional and capable of efficient management. Standard B34 The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically. Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development. Bin and recycling enclosures should be located for convenient access by residents. Mailboxes should be provided and located for convenient access as required by Australia Post. N/A No front fence is proposed. - N/A There is no common property proposed. Complies The dwelling layout and design provides for sufficient space and facilities for services to be installed and maintained. Bin and recycling enclosures, mailboxes and other site facilities have been provided adequately and will blend in with the development. The site facilities including mailboxes, bin and recycling enclosures are located for convenient access.

71 Decision Guidelines of Clause 65 Clause 65 of the Greater Geelong Planning Scheme outlines the decision guidelines to be considered by the Responsible Authority when making a decision on applications. These decision guidelines are: The matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The purpose of the zone, overlay or other provision. Any matter required to be considered in the zone, overlay or other provision. The orderly planning of the area. The effect on the amenity of the area. The proximity of the land to any public land. Factors likely to cause or contribute to land degradation, salinity or reduce water quality. Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site. The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to regenerate. The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard. The adequacy of loading and unloading facilities and any associated amenity, traffic flow and road safety impacts. Planners Response The proposed use and re-development generally accords with the requirements of the State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF) insofar as it represents a consolidation of residential use and redevelopment on land within an established residential area with good access to urban services and infrastructure. It contributes to the diversity of housing sought by the Scheme, within the boundaries of a Coastal Increased Housing Diversity Area (IHDA). The site is located in the Residential Growth Zone, Schedule 3 and within the Portarlington IHDA. The combination of policies applying to the land results in an emphasis on development being supported for an increase in dwelling density and diversity in housing design to address identified need in communities. However, the need for the proposal to be responsive to the existing neighbourhood character context is not extinguished by the IHDA policy. It is considered that the proposed design response fails to appropriately respond to both the existing and preferred neighbourhood character, and represents a development that would impose a greatly increased change to the density, mass and scale of built form of the area than that sought by the Scheme.

72 Development Hearings Panel Page 72 Clause The Bellarine Peninsula The preservation of the individual character, identity and role of Portarlington is a specific objective of Clause (The Bellarine Peninsula). To achieve it, the development should provide a contemporary design that reflects the existing scale, setbacks, spacing, forms and materials of the buildings in the locality. It is considered that the proposed design response comprises elements that are derived from the locality including a contemporary mix of cladding materials, glazing proportions and roof forms. However, the 3 story scale and maximum height of 10.4 metres exceeds all others in the area, and is most dramatically demonstrated by the streetscape elevations submitted with the application, and shown at Figures 12 and 13 below. Figure 12: Streetscape elevation showing the contrast in the building scale and spacing of the proposed development at left, from others along Willis Street. Source: Application documents. Figure 13: Streetscape elevation showing the contrast in the building scale and spacing of the proposed development at right, from others along Fisher Street. Source: Application documents. The pattern of side boundary setbacks in the area contributes to a sense of space between buildings that has not been reflected in the proposed development. The constraints of the comparatively small corner site withstanding, the proposal has sought to develop the site to the full extent allowable under the relevant Standards of Clause 55 without regard to the existing character of the area. The proposed encroachment of balconies and dividing walls at the first and second floor levels into the 5.5 metre front setback of the ground floor represents a further departure from the character of the area where the pattern of front setbacks most commonly ranges from 6 to 9 metres. These encroachments should be considered unacceptable in the context of the site. Clause Increased Housing Diversity Areas (IHDA) and the RGZ3 When the IHDA policy and RGZ3 are considered concurrently, it is acknowledged that density, mass and scale are encouraged to change. At issue is whether the proposed development appropriately conforms with the purpose of the zone, and the objectives and design objectives set out in the IHDA policy.

73 Development Hearings Panel Page 73 To this end, it is considered that the proposed development will not ensure the density, mass and scale of residential development is appropriate to the location, role and character of the Portarlington IHDA, for the following reasons. With consideration to the density proposed, 1 dwelling per 145 sq/m is twice that of the next most densely constructed development nearby at 66 Willis street being 1 dwelling per 289 sq/m, and 4 times greater than the average of the area north of Willis Street and closer to the centre of the IHDA at approximately 1 dwelling per 650 sq/m. The proposed density represents a significant increase that may increase the average density of Portarlington, but is well in excess of that required to ensure the role and character of the township is respected. With consideration to the proposed mass and scale, at 3 storeys with a maximum height of metres and bulk of the building height to approximately 9.2 metres, the mass and scale proposed are greater than all buildings nearby, and only 9 centimetres below the maximum building height permissible in the RGZ3. Whilst the design response does include some recessive portions to the elevations, it is considered that the encroachment of balconies and dividing walls, and 3 storey presentation to Willis Street in particular represents a dominant form to the streetscape that is not respectful of either the existing or preferred character of the Portarlington IHDA. In Yue Qi Group Pty Ltd v Glen Eira CC (Red Dot) [2017] VCAT 153 (6 February 2017), Member Rundell made comment in relation to change within housing diversity areas identified in planning policy (para. 27): the Tribunal has generally found that a significant level of change should be expected throughout the HDAs. However, being within a HDA is not a blank cheque to maximise the development capacity of a site. A proposed development is expected to respond to its emerging context, comprise high design quality and to provide acceptable amenity to its future residents and neighbours. In Villawood Homes Pty Ltd v Greater Geelong CC [2017] VCAT 2146 (20 December 2017), Member Paterson further remarked that (para. 7): just because it is located within an area designated for change, it does not mean that any and all developments are acceptable on this site. The Increased Housing Diversity Areas (IHDA) policy at clause of the scheme provides a number of design objectives which provide guidance as to what would be an acceptable development on this site. With consideration to the above, the design objectives of the policy and the question of acceptable amenity are matters pertinent to the proposed development. To this end, the design objectives for building height at Clause state that two and three storey development is to be encouraged, with three storey development encouraged: on larger sites abutting the activity centre or where the amenity of adjoining properties will not be unreasonably impacted; with the recessing of the third storey to reduce dominance of the building from adjoining properties and the streetscape; where the height and bulk of the new development on interface properties, between an IHDA and other residential areas, is responsive to the adjoining character and provides a transition in the built form between areas. As the proposal is to be located neither on land abutting the activity centre of Portarlington, nor on a larger site in comparison to the average for the area, the potential amenity impact of adjoining

74 Development Hearings Panel Page 74 properties must be carefully considered. So too however, must the dominance of the building form, and whether the height and bulk represents an appropriate response to the adjoining character between areas. Whilst some attempt has been made to recess the third storey at the sides and rear of the development, the proposal fails to achieve this with its presentation to Willis Street. As illustrated at Figure 14 below, the proposed third story balcony and diving wall encroaches to within 4.95 metres of the front setback, being less than that of the ground floor setback of 5.5 metres. In direct contradiction to the design objective, the third floor setback projects beyond that of the ground floor, and beyond that of all nearby building setbacks along Willis Street. Figure 14: West elevation showing the location of the building setbacks at each level (highlighted yellow) from the front boundary (highlighted green). The front setback of the existing dwelling on the west side is approximated in red. Source: Author adapted from application documents. With consideration to the adjoining properties and the streetscape, the projecting third storey is considered likely to result in a dominance of the building form contrary to the design objective for building height. The proposed development also fails to provide an acceptable transition between the IHDA and land in the GRZ2 to the south. Some attempt has been made to step and recess the development within the site from the south boundary (shown at the right of Figure 14 above). However, the policy seeks to achieve a transition across the relevant IHDA, and not within the site specifically. This is evidenced by the corresponding purpose of the RGZ which is to provide transition between areas, being areas of more intensive use and development and other residential areas. Given the site is located in the RGZ3 (Coastal Increased Housing Diversity Areas) at the interface of a GRZ2 (Incremental Change Areas); comprises a comparatively modest, and not larger sized lot; is not abutting the activity centre of the Portarlington IHDA; and adjoins land developed with one single storey detached dwelling on each lot;

75 Development Hearings Panel Page 75 The proposal should provide a transition and reflect its neighbourhood context. The proposal should take its design cues more from the existing scale, setbacks, spacing, forms and materials of the area and less from the limits allowable under the RGZ3 and Clause 55. Whilst it is conceivable the adjoining land to the South in the GRZ2 may one day be redeveloped with a 9 metre (maximum) multi-dwelling development, at present this is not the case, and the objection of the owner of this land indicates that there is no immediate intention to do so. Similarly, the adjoining land in the RGZ3 to the west might also be redeveloped to a height of 10.5 metres (maximum) but no evidence has been found to show that this is imminent. Consequently, the proposal must be assessed on existing and preferred neighbourhood character grounds. Neither encourages the density, mass and scale of development proposed by the design response. With regard to the provisions of Clause 55 of the planning scheme, it is considered that the proposal is lacking in compliance with the following objectives or standards: Neighbourhood Character The proposed building form is a departure from the predominant neighbourhood character for dwelling design, and not respectful of the preferred character of the Portarlington IHDA. The proposal presents as an imposing form in the streetscape due to the dominance of the three storey scale, and reduced front setback. It is acknowledged that the locality should expect some change in dwelling design and intensity, where the IHDA applies, however the height and bulk is not considered respectful of the existing character of the area, or the proposed character given its interface location with the GRZ Street Setback The standard of the clause requires a 5.5m setback. This has not been achieved, and a variation to the standard is not support by the decision guidelines of the Clause Building Height While the dwellings are three storey in scale, the maximum height of 10.41m complies with the standard. With regard to the objective of the clause however, the proposal is lacking with the character of dwellings in the locality generally one or two storey with maximum heights in the order of 7.4m. Legislative Issues The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application. Conclusion The location of the development is appropriate for an increased dwelling density given its proximity to the activity centre of Portarlington. An increase in the number of dwellings on the land will better utilise established infrastructure and provide for a diversity of housing choice in the area. This aspect of the proposal is in compliance with the direction of the State and Local

76 Development Hearings Panel Page 76 Planning Policies for infill development in residential areas, and in accordance with the policy direction of Clause for Increased Housing Diversity Areas. However, the site is located within the Residential Growth Zone at the interface with the General Residential Zone where the height and bulk of new development is encouraged to be responsive to the adjoining character, and to provide a transition between areas of more intensive development. It is considered that the proposed development will present as an imposing structure in the streetscape as a result of a dominant three storey scale, reduced front setback, and that the proposal is not responsive to the character of the adjoining area. In accordance with the considerations of the assessment, it is recommended that grant of a planning permit be refused.

77 Development Hearings Panel Page 77 Application No: Applicant: Subject Land: Owner: Zone: Overlays: Existing Use: Proposed Use: PP S Geddes Milton Street, BELL PARK A Nardi and R Nardi and A & R Nardi Pty Ltd Commercial 1 Zone General Residential Zone (Schedule 1) Nil Vacant (until recently used as a shop) Variation to Packaged Liquor Licence No to increase the area that liquor is allowed to be supplied Indicates Objectors Subject Site MILTON STREET, BELL PARK

78 Development Hearings Panel Page 78 Summary The subject land comprises of two lots (Lots 1 and 2 PS42394). The land as a whole has a total area of approximately 514sqm. It has an irregular frontage of 16.3 metres to Milton Street, as well as a secondary frontage to an unnamed laneway to the rear (access off Maple Crescent). The site is occupied by a single storey shop, which until recently was used as a small licensed supermarket. The land is located within an existing commercial area centred around the Milton Street and Maple Crescent intersection, which sits within a residential area in Bell Park. The application seeks to increase the area in which liquor is allowed to be supplied (the red line area) under a packaged liquor licence. The site has an existing packaged liquor licence, which was recently transferred to the applicant. A Bottle Shop is an as of right use in the Commercial 1 Zone. A permit is required to increase the area that liquor is allowed to be supplied under a licence pursuant to Clause (Licensed Premises). The application was advertised and 11 objections were received. The main concerns expressed relate to undesirable activities occurring in the area, when another bottle shop was operating in the area. The objections also assert the licence is void as the ownership had changed. The proposal has been assessed against the relevant State and Local policies, the Zones and Clause (Licensed Premises). On balance it was found to comply. The proposal is suitably located in an existing commercial area and is unlikely to result in unreasonable amenity impacts to adjoining lots and the surrounding area. The applicant has also indicated they will be willing to accept reduced trading hours and install CCTV cameras to monitor in front of the premises. It is recommended that the application be supported and a notice of decision to grant a permit be issued, subject to the conditions contained in this report. Moved: Marshall Sullivan Seconded: John Bryce 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 Variation to Packaged Liquor Licence No to increase the area that liquor is allowed to be supplied at Milton Street, BELL PARK in accordance with the plans submitted with the application and subject to the following conditions: Endorsed plans 1. The use as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority.

79 Development Hearings Panel Page 79 Hours of operation 2. Unless otherwise approved in writing by the Responsible Authority, the supply of liquor hereby permitted may only operate on and during the following days (excluding Good Friday and Christmas Day) and times: Sunday 10.00am to 10.00pm Monday to Thursday 9:00am to 10.00pm Friday and Saturday 9.00am to 11.00pm ANZAC Day noon to 11pm to the satisfaction of the Responsible Authority. Security Cameras 3. Prior to the commencement of the use, two closed circuit television cameras must be installed in front of the premises monitoring the pedestrian area in front of the premises and the carpark opposite, to the satisfaction of the Responsible Authority. Expiry 4. This permit as it relates to the extension of the licenced area hereby approved will expire if the licence has not been varied within two (2) years of the date of this permit. Report The Responsible Authority may extend the period referred to if a request is made in writing before the permit expires, or within six (6) months after the permit expires where the use has not yet started. The Site & Locality Carried The subject land comprises of two lots (Lots 1 and 2 PS42394). The land as a whole has a total area of approximately 514sqm. It has an irregular frontage of 16.3 metres to Milton Street, as well as a secondary frontage to an unnamed laneway to the rear (access off Maple Crescent). The site is occupied by a single storey shop, which until recently was used as a small licensed supermarket. Most of the site is within the Commercial 1 Zone, with the exception of an external area at the rear which is in the General Residential Zone (Schedule 1). The land is flat and the only encumbrance is a sewer/drainage easement that runs along the rear boundary of Lot 1 (28 Milton Street).

80 Development Hearings Panel Page 80 The land is located within an existing commercial area, centred around the Milton Street and Maple Crescent intersection, surrounded by an established residential area. Lots adjacent to the south-east, southwest and northeast (opposite) are occupied by dwellings. Lots adjoining to the north-west and north (opposite) are occupied by commercial premises and a carpark. Two bus routes (No s 22 and 24) run along Jasmine St, linking with the surrounding area and Geelong, North Geelong and North Shore train stations.

81 Development Hearings Panel Page 81 The subject site Site History There are no planning permits that were issued recently for the subject land. The site has an existing packaged liquor licence, which was recently transferred to the current owner. The existing licensed area is shown in the image below. Existing licenced area The site was used as licensed supermarket, which closed approximately 9 months ago.

82 Development Hearings Panel Page 82 Proposal The application seeks to vary Liquor Licence No to increase the area in which liquor is allowed to be supplied (the red line area) under a packaged liquor licence, for use as a bottle shop. The site has an existing packaged liquor licence, which was recently transferred to the applicant from the previous owner. The proposal seeks to continue with the same hours under the existing licence, between 9am 11pm Mon-Sat (excluding Good Friday, ANZAC and Christmas days), 10am 11pm Sun and 12 noon 11pm on ANZAC day. The applicant has, however, indicated they would be willing to reduce some of the trading hours allowed by the existing licence, in response to concerns raised by Council s Healthy Communities Department and objectors. The details will be discussed later in this report. Proposed licensed area Greater Geelong Planning Scheme Definition and Nesting A Bottle Shop is defined pursuant to the Land Use Terms at Clause 74 of the Scheme to be land used to sell packaged liquor for consumption off the premises. The Bottle Shop land use is nested under the heading of Shop at Clause of the Scheme Zone The majority of the subject site (and adjoining land to the northwest and southeast) are located with a Commercial 1 Zone. A small part of the site at the rear and land adjoining to the south and southwest) is within a General Residential Zone (Schedule 1).

83 Development Hearings Panel Page 83 Zoning map The purpose of the Commercial 1 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 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 purpose of the General Residential 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 encourage development that respects the neighbourhood character of the area. To encourage a diversity of housing types and housing growth particularly in locations offering good access to services and transport. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. Overlay The land is not affected by any overlays. Permit required clause and condition A planning permit is required for this application pursuant to the following clause of the Greater Geelong Planning Scheme: Clause Licensed Premises, a permit is required increase the area in which liquor is allowed to be supplied under Clause

84 Development Hearings Panel Page 84 A planning permit is not required for the proposed Bottle Shop, as the previous supermarket use (also nested under the Shop use in Clause 75.12), ceased less than 2 years ago and the Bottle Shop would operate only on the part of the land within the Commercial 1 Zone. As noted earlier, the part of the site within the General Residential Zone is external to the building which is proposed to be used as the Bottle Shop. Restrictive Covenant The two titles which make up the subject land are not burdened by any restrictive covenants. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations Part 2 - Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity. Therefore, a Cultural Heritage Management Plan is not required. 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. Council s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at 2040/2100. 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.

85 Development Hearings Panel Page 85 The EPA has adopted the Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills (September 2010) or Landfill BPEM.. 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 non-putrescible 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. Development 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 not 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:

86 Development Hearings Panel Page 86 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. Car Parking and Bicycle Spaces The proposal seeks to continue to use the site for a shop (a bottle shop) and therefore there will be no change to the existing car parking and bicycle facilities arrangement or requirements. State Planning Policy Framework Activity Centre Network Objective To build up activity centres as a focus for high-quality development, activity and living for the whole community by developing a network of activity centres. Strategies Develop a network of activity centres that: o Comprises a range of centres that differ in size and function. o Is a focus for business, shopping, working, leisure and community facilities. o Provides different types of housing, including forms of higher density housing. o Is connected by public transport and cycling networks o Maximises choices in services, employment and social interaction Sustainable Communities Objective To allow communities to live, work and participate locally. Strategies Support increased employment diversity. Support new businesses that provide employment and innovation opportunities in identified employment nodes across the region 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

87 Development Hearings Panel Page 87 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. Local Planning Policy Framework Municipal Strategic Statement 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 Encourage a mix of retail, office, cafes, entertainment, housing, education and community facilities to locate within activity centres. Local Planning Policies There are no relevant Local Planning Policies Referrals INTERNAL Department: Healthy Communities Response: The car park that sits opposite to the building the proposed application, presents as an issue that should be taken into consideration by the applicant. The prospect of underage persons gathering in this area to either obtain and or consuming liquor would be detrimental to the area. This car park also poses the potential for the accumulation of packaging/rubbish. The operation of the business from the premises must take all reasonable action such as not to impact on the amenity of the surrounding area as listed below. Amenity is defined as the quality that an area has of being pleasant and agreeable. The amenity of an area can be made worse by:

88 Development Hearings Panel Page 88 Unacceptable levels of patron noise, including music Parking problems Excessive traffic hoon behaviour Nuisance or vandalism Build-up of rubbish Indecent or offensive behaviour Drunkenness on the street and in the car park. The operators of the business have a legal responsibility to ensure the operation of the licence does not detract from the amenity of the area. The relationship between trading hours of licensed venues and alcohol related violence There is much evidence to substantiate the association between high levels of intoxication due to alcohol and the general prevalence of violence, and the specific prevalence of violence in and around licensed venues. Generally, the World Health Organisation Expert Committee on Problems Related to Alcohol Consumption concluded that reducing the hours or days of sale of alcohol beverages results in fewer alcohol-related problems, including homicides and assaults (WHO, 2007). Extensive research findings suggest consumption of alcohol and the incidence of alcohol-related harms both increase as days of sale and trading hours and extended; conversely, when trading hours and days of sale are decreased, so do the level of consumption and the level of harms (Babor, et al., 2010). Australian studies have confirmed the relationship between violence and extended trading hours of venues. Over half of all street-related alcohol offences are associated with licensed venues and over half of all drivers charged with a drink-driving offence had previously consumed alcohol in a licensed venue prior to the charge (Miller, Sonderlund, & Palmer, n.d). In 2001, alcohol-related assaults were most common between the hours of 9pm and 3am on Friday and Saturday nights and hotels with extended hours or 24-hour trading recorded more assaults than venues with standard trading hours (Briscoe & Donnelly, 2001). Western Australian researchers Chikritzhs and Stockwell found significant increases in assaults and in impaired driver road crashes associated with the extension of hotel closing hours from midnight to 1am (Babor, et al., 2010).

89 Development Hearings Panel Page 89 Violence in entertainment precincts is most common and frequent between midnight and 3am during the high alcohol times of Friday, Saturday and Sunday nights (Miller, 2013). While contextual and situational factors influence the incidence of aggression and violence when people are drinking, including management practices and design of venues, trading hours of alcohol outlets have been shown consistently to influence the level of alcohol-related violence, including assault and drink driving (Miller, Sonderlund, & Palmer, n.d). As a strong relationship between extended and late night trading of alcohol is widely recognised it was appropriate for the NSW parliament to reduce late night trading hours in Hours Healthy Communities request that the hours for the sale and consumption of liquor be limited to: Monday to Saturday 9am until 9pm Sunday and Public Holidays 10am until 9pm ANZAC Day 12noon until 11pm Good Friday and Christmas Day - No Trade Officer Comment: The concerns raised in the referral response relate to the hours of the licence. The licence is existing and the hours are not proposed to change. Notwithstanding this, in response to the concerns raised the applicant has indicated they would accept conditions on the permit that reduce the closing time to 10pm Sunday-Thursday. This would result in a net reduction in the licensed hours. No concerns have been raised regarding the proposed increase to the area in which liquor can be sold. A number of the issues raised in the referral response, including patron noise, parking problems and assaults due to consumption of liquor, are also not relevant to the subject proposal, which does not include liquor consumption. The applicant has nevertheless advised they will have two security cameras in front of the shop and loiterers will be moved on. The liquor licence terms will also require Responsible Service of Alcohol. A full assessment against the Planning Scheme requirements is included later in this report. In relation to the specific concerns raised in the referral response, it is considered the mitigation measures suggested by the applicant are appropriate.

90 Development Hearings Panel Page 90 EXTERNAL Department: Victoria Police Response: Officer Comment: Noted. The proposed area has no history of Licensing complaints therefore there is no reason to object to the proposal and suggest any future liquor licence application be evaluated on its merits at the time of receipt. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The application was not amended prior to public notification. 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 was placed on the land Eleven (11) objections have been lodged with Council. An additional 8 incomplete submissions were received, without name, address and contact details included. One letter of support was also submitted to Council. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. Objection A bottle shop operated in the suburb 8 years ago and its customers caused amenity impacts, including hoon behaviour, drug trafficking in the street and public drunkenness. Comment The site has an existing packaged liquor licence, which has been transferred to the present owner. This was previously for the supermarket that operated on the subject site, with a licensed area for packaged liquor sales. Victoria Police have advised there is no history of licencing complaints in the area and the objections appear to related to a bottle shop that ceased operating some years ago.

91 Development Hearings Panel Page 91 As discussed earlier, it is considered the reduced trading hours and security camera measures suggested by the applicant, as well as the Responsible Service of Alcohol requirements, should mitigate amenity impacts on the area. Objection The liquor licence is void. Comment As noted earlier, the liquor licence has been transferred from the previous owner to current and is therefore still valid. Assessment State and Local Planning Policy Framework The proposal is considered in accordance with the State and Local Planning Policy Framework, which encourages convenience shopping facilities and a mix of uses (including retail) to locate within existing and new commercial/activity centres. It site also has good public transport access, with two bus routes within close proximity to the site. Commercial 1 Zone The application is regarded as consistent with the purpose of the zone. A Bottle Shop is a Section 1 (i.e. no permit required) use in the zone and will contribute to the variety of uses within this commercial area. It is further considered the proposed shop size is complementary with the role and scale of the commercial centre and its location within the surrounding residential area. It is acknowledged two lots to the southeast of the site (one which is adjoining) are occupied by dwellings within the Commercial 1 Zone. It is considered an increase to the area in which packaged liquor can be sold will be unlikely to result in unreasonable amenity impacts on these dwellings, given the subject land was until recently used for commercial purposes and is of a scale commensurate with the commercial area in which it sits. General Residential Zone The subject site adjoins land within the General Residential Zone. It is not considered the proposal would result in unreasonably amenity impacts for land adjoining an existing commercial area. No buildings and works are proposed and the dwellings within the General Residential Zone are located either opposite the site (in Milton Street or across the rear laneway) and/or front onto a different street. Clause Licensed Premises The proposal is consistent with the purpose of the clause, as the site is an appropriate location for a licensed premises of the size proposed and already has an existing packaged liquor licence. It is further considered the increase to the size of the area in which liquor may be supplied is unlikely to have an unreasonable impact on the amenity of the surrounding area.

92 Development Hearings Panel Page 92 Applications under Clause must be assessed under the decision guidelines as follows: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. As discussed earlier, the proposal is considered to be in accordance with the State and Local Planning Policy Frameworks. The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area. The proposal does not include consumption of liquor. The site was, until recently, used for packaged liquor sales and still has a licence. Victoria Police has advised there is no history of licensing complaints, which indicates there were no significant issues (or amenity impacts) with the sale of liquor in the area. As noted earlier, the objections indicate the issues relating to packaged liquor sales were for another premises years ago and were essentially policing issues. The applicant will be required to adhere to the conditions of their licence, which will include Responsible Service of Alcohol. The impact of the hours of operation on the amenity of the surrounding area. The application does not seek to increase the hours beyond those of the existing licence. As noted earlier, the applicant has indicated they would accept earlier closing hours of 10pm Sunday Thursday. It is acknowledged the closing time of 11pm on Fridays and Saturdays are more generous than many other bottle shops in the area, which generally close between 6-10pm. It is not unprecedented, however, with both the existing licensed hours for the subject site, as well as the Norlane Hotel (Thirsty Camel - 2/8 Princes Highway, Norlane) and the Lord Nelson Tavern Hotel (The Bottle-O 193 Malop St, Geelong), which have licences allowing offpremises liquor sales until 12 midnight and 11pm respectively. The impact of the number of patrons on the amenity of the surrounding area. The applicant has advised they do not expect to have more than 10 patrons at any time. Given the proposal is to increase the area of the package liquor licence and does not involve consumption of liquor, this is regarded as a reasonable estimate of patron numbers. The cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area. Pursuant to Planning Practice Note 61 (Licensed premises: Assessing cumulative impact) a cumulative impact assessment is not required, as the licence does not operate after 11pm and the site is not within a cluster of licensed premises. Notwithstanding this, a search of the Liquor Licensing database reveals the closest licenced premises, within a 500m radius, are a Serbian Orthodox Church (122 Ballarat Road, Geelong North), which has a limited licence, and the Hellenic Orthodox Community (1-3 Taliska Avenue, Bell Park), which has a full club licence.

93 Development Hearings Panel Page 93 The Serbian Orthodox licence is Monday Thursday 8am-10pm, Friday 8am midnight and Saturdays 8am-1am. The Hellenic Orthodox licence is for any time on any day other than Sundays, when it is limited to 10am-11pm. While their hours are extensive, it is not considered there would be a cumulative impact with the proposed licensed premises. Both are on the southwest side of Ballarat Road and not on-premises licences (such as a nightclub or tavern). They will be physically separated from the subject site and associated with more benign uses. An increase in the area of liquor sales for the subject site is therefore unlikely to result in a cumulative impact on the amenity of the surrounding area. Legislative Issues The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application. Conclusion The assessment has considered all of the relevant objectives and policies of the Greater Geelong Planning Scheme. The proposal has been found to be in accordance with these, including the purpose of both the Commercial 1 and General Residential Zones and Clause (Licensed Premises). Whilst objector concerns have been expressed regarding amenity impacts, it is considered the proposed increase in area in which liquor may be supplied will not result in unreasonable impacts. Conditions of permit will require a reduction in trading hours and CCTV be installed, as the applicant has suggested. It is recommended that the planning permit application be supported, and that a Notice of Decision to Grant a permit be issued subject to the conditions outlined in this report. Application No: Applicant: PP R A Watson

94 Development Hearings Panel Page 94 Subject Land: Owner: 18 San Fernando Avenue, PORTARLINGTON G B Nowara and R A Watson Zone: General Residential Zone Schedule 1 Overlays: Design and Development Overlay Schedule 14 Development Plan Overlay Schedule 11 Existing: Proposal: Vacant Lot Buildings and Works for the Construction of a Dwelling over 7.5 Metres Indicates Objectors Subject Site 18 SAN FERNANDO AVENUE, PORTARLINGTON

95 Development Hearings Panel Page 95 Summary The site is located on the south side of San Fernando Drive, Portarlington and has a total lot size of 572 square metres. The site has a street frontage of metres and a depth of metres. The site is currently vacant and surrounded by a mix of vacant lots, existing dwellings and dwellings under construction The application seeks the approval for the construction of a dwelling exceeding 7.5 metres in height. The site is located in the General Residential Zone Schedule 1 and no planning permit is triggered under the zone as the lot is over 300 square metres. The site is affected by the Design and Development Overlay Schedule 14. The purpose of Schedule 14 is to achieve reasonable sharing of views between properties with areas that have access to views. The overall height of the extension is metres which is 1.095m over the 7.5 metre trigger. The application was incorrectly advertised for 2 weeks with a sign on site and letters were sent to adjoining (including opposite) owners and occupiers. The application was exempt from notice under Clause (Development Plan Overlay.) The Development Plan for Arlington Rise was approved 23 May Nine (9) objections were received. The objections related to loss of views, creating a precedent for the street, non-compliance with the Arlington Rise Design Guidelines and 7.5 metres being a height restriction. The application was assessed against the decision guidelines and purpose of the Design and Development Overlay - Schedule 14. The application was found to be appropriately compliant with the provisions that seek the reasonable sharing of views. It is therefore recommended that the application be supported and a planning permit be issued subject to the relevant conditions. Moved: Marshall Sullivan Seconded: Peter Smith That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Grant a Planning Permit for the Buildings and Works for the Construction of a Dwelling over 7.5 Metres at 18 San Fernando Avenue, PORTARLINGTON in accordance with the plans submitted with the application and subject to the following conditions: Endorsed Plans 1. The development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority. General 2. Other than television antenna, no external plant or equipment, including air conditioning units, solar panels, satellite dishes or the like can be installed on the dwelling, without the written consent of the Responsible Authority.

96 Development Hearings Panel Page 96 Prior to Commence of Development 3. Prior to the commencement of the development written approval for the development from Portarlington Nominees Pty Ltd must be submitted to Council. Development Expiry 4. 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. 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. Note 1. No assessment against the requirements of Clause 54 of the Greater Geelong Planning Scheme has been undertaken. An assessment against the relevant Building Regulation will need to be undertaken by the relevant Building Surveyor. Carried

97 Development Hearings Panel Page 97 Report The Site & Locality Subject site and surrounding area The subject site is located on the south side of San Fernando Avenue, Portarlington, which is located within the General Residential Zone Schedule 1 and is affected by Design and Development Schedule 14 and Development Plan Overlay Schedule 11. The site has a street frontage of metres and a side boundary length of metres and results in an overall lot size of 572 square metres. The sits abuts a Public Park and Recreation Zone. The surrounding area is consistently similar lot sizes and affected by the same zone and overlays. The surrounding blocks are a mix of vacant and developed with new double storey dwellings. Site History Amendment C134 was gazetted on 28 th February 2008 to rezone a hectare piece of Rural Living and Low Density Residential zoned land to Residential 1 Zone subject to DDO14 and DPO11. The amendment went before a Panel. Portarlington Nominees Pty Ltd submitted a development plan on 6 th November 2007 for a 316 lot subdivision of the land affected by the DPO11. The development plan ( Arlington Rise ) was

98 Development Hearings Panel Page 98 considered to be in accordance with the requirements of DPO11 and was approved on 23 rd May Permit 1456/2007 (Multi-lot subdivision (staged) including the removal of an easement) was lodged on 7 th December 2007 and was largely consistent with the approved development plan. The permit, which proposed a 315 lot subdivision including the four lots that are the subject of this application, was granted on 20 th June Proposal The application seeks the approval for the construction of a dwelling over 7.5 metres. The dwelling has an overall height of metres and will have a setback of 4 metres. The plans have been tentatively approved by the design committee pending Council s decision. Section plan submitted with the application showing the highest point at Greater Geelong Planning Scheme Clause 74 Definitions: Pursuant to Clause 74 a Dwelling is defined as: A building used as a self-contained residence which must include:

99 Development Hearings Panel Page 99 a) a kitchen sink; b) food preparation facilities; c) a bath or shower; and d) a closet pan and wash basin. It includes out-buildings and works normal to a dwelling. Clause 75 Nesting: Pursuant to Clause a Dwelling is nested in the Accommodation Group. Zone Clause General Residential Zone Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage development that respects the neighbourhood character of the area. To implement neighbourhood character policy and adopted neighbourhood character guidelines. To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. To allow educational, recreational, religious, community and a limited range of other nonresidential uses to serve local community needs in appropriate locations. Response The application allows for the construction of a dwelling on a lot subdivided for this purpose of moderate housing growth in a location that has easy access to services and transport. Council s considerations are limited to matters relating to view sharing. Garden Area

100 Development Hearings Panel Page % of the lot needs to be set aside for garden area as the lot is 572 square metres. This is a requirement of square metres square metres is available for garden area within the backyard of the proposed dwelling, therefore the requirement has been met. Overlay Clause Design and Development Overlay Schedule 14 Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas which are affected by specific requirements relating to the design and built form of new development. SCHEDULE 14 TO THE DESIGN AND DEVELOPMENT OVERLAY DWELLINGS OVER 7.5 METRES IN AREAS WITH ACCESS TO VIEWS 1.0 Design objectives To ensure that the siting, height and visual bulk of dwellings achieves a reasonable sharing of views between properties to significant landscape features such as the coast (ocean and foreshore), Corio Bay, Barwon River, Central Geelong, Barrabool Hills and the You Yangs. Clause Development Plan Overlay Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. To exempt an application from notice and review if it is generally in accordance with a development plan Exemption from notice and review An application under any provision of this scheme which is generally in accordance with the development plan is 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. Development Plan was approved 23 May The site has been identified as residential land which the construction of a dwelling is consistent with. It does not limit consideration of a dwelling over 7.5 metres in height. The application therefore is in accordance with the Development Plan. Permit required clause and condition

101 Development Hearings Panel Page Buildings and works A permit is not required for buildings and works other than to construct a dwelling which is more than 7.5 metres above natural ground level (excluding any television antenna, chimney or flue) or extend a dwelling where the extension is more than 7.5 metres above natural ground level (excluding any television antenna, chimney or flue). Restrictive Covenant The subject site is burdened by a Restrictive Covenant/Section 173 Agreement. Reference no: COVENANT PS805367R 14/06/ Shall not build or allow to be built any improvement on any lot: Response (i) The dwelling is consistent with the building envelopes shown on the plan of subdivision. (ii) The dwelling is consistent with the elevation building envelopes listed within the MCP. (iii) The proposal is not in breach of this part of the restriction as they are seeking a planning permit see below tentative approval from Portarlington Nominees Pty Ltd. (iv) A condition will require that written approval from Portarlington Nominees Pty Ltd must be submitted to Council prior to the development commencing. Generally if you were to obtain a planning approval for the height then we would not object. As long as the guideline requirements are still met and the house isn t going to be too out of place with surrounding dwellings Design Committee Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a cultural heritage management plan is required for an activity or class of activity.

102 Development Hearings Panel Page 102 Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a cultural heritage management plan. The proposal is listed as an exempt activity. In accordance with the above assessment, a cultural heritage management plan is not required. 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. Council s 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.. 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 non-putrescible 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.

103 Development Hearings Panel Page 103 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. The application is not expected to create a risk bushfire to people, property and community infrastructure. It is considered that no bushfire protection measures to address the identified bushfire risk is necessary. 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. Car Parking Clause does not apply to the construction and the use of one dwelling on a lot in the General Residential Zone. However, a dwelling with three or more bedrooms required two car parking spaces, and a double car garage has been provided.

104 Development Hearings Panel Page 104 Bicycle Spaces N/A State Planning Policy Framework Summary of relevant state policies Settlement Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. Planning is to recognise the need for, and as far as practicable contribute towards: Health and safety. Diversity of choice. Adaptation in response to changing technology. Economic viability. A high standard of urban design and amenity. Energy efficiency. Prevention of pollution to land, water and air. Protection of environmentally sensitive areas and natural resources. Accessibility. Land use and transport integration. Planning is to prevent environmental problems created by siting incompatible land uses close together. Planning is to facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities Urban Design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

105 Development Hearings Panel Page Neighbourhood and Subdivision Design Objective To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods Design for Safety Objective To improve community safety and encourage neighbourhood design that makes people feel safe. Strategies Ensure the design of buildings, public spaces and the mix of activities contribute to safety and perceptions of safety. Support initiatives that provide safer walking and cycling routes and improved safety for people using public transport. Ensure suitable locations for police stations and fire brigade, ambulance and emergency services are provided for in or near activity centres. In newly developing areas these services should be located together Cultural Identity and Neighbourhood Character Objective To recognise and protect cultural identity, neighbourhood character and sense of place Energy and Resource Efficiency Objective To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. 16 Housing Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure. New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space. Planning for housing should include providing land for affordable housing Housing Diversity

106 Development Hearings Panel Page 106 Objective To provide for a range of housing types to meet increasingly diverse needs Local Planning Policy Framework Municipal Strategic Statement Neighbourhood character Objectives To manage the impact of urban change on existing neighbourhoods. To ensure that new development responds to the existing neighbourhood character. To protect areas with a significant garden character. To protect areas with views to significant landscape features. Relevant Strategies Ensure that dwellings and extensions to dwellings over 7.5 metres have regard to the design objectives and decision guidelines of Schedule 14 to the Design and Development Overlay The Bellarine Peninsula Objectives To protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements. To 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. To provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community. To preserve the individual character, identity and role of each Bellarine township. Portarlington: Encourage development which respects the coastal landscape setting of Portarlington by: o Providing reasonable sharing of views of the coast and foreshore. o Promoting contemporary design that reflects the existing scale, setbacks, spacing, forms and materials of the buildings in the locality. o Ensuring that development allows for the protection of significant vegetation and/or planting around buildings and has minimal impact on roadside vegetation. Referrals

107 Development Hearings Panel Page 107 No referrals were undertaken. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The application was not amended prior to public notification. PUBLIC NOTIFICATION: The application is 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, pursuant to Clause of the Greater Geelong Planning Scheme Exemption from notice and review An application under any provision of this scheme which is generally in accordance with the development plan is 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. Under the Planning and Environment Act Section 52(3): The responsible authority may give any further notice that it considers appropriate of an application for a use or development which is likely to be of interest or concern to the community. Section 57(1) states that the Responsible Authority has to consider any objections to applications from Any person who may be affected by the grant of the permit may object to the grant of a permit. Further to this, Section 64(5), If a planning scheme exempts a decision on an application from the requirements of subsections (1), (2) and (3), the responsible authority must give a copy of the decision to each person who objected under section 57. Pursuant to Section 52(3) the application was advertised to adjoining neighbours and via a sign on site and 9 objections were received. As the application was exempt from notice and the objectors do not have the appeal rights, all objectors will receive a copy of Council s decision, as above. The application is exempt from notice as a Development Plan for the area was approved 23 May 2007 and the proposal is generally in accordance with the plan, as the area is set aside for residential land and the proposal is for a dwelling. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. Objections The themes of the objection have been summarised below.

108 Development Hearings Panel Page 108 Height restriction is 7.5 metres and bought into the area knowing that the height limit was 7.5 metres. Comment The restriction allows for dwellings over 7.5 metres where a planning permit has first been obtained. Will create a precedent Comment Without the controls of DDO14, dwellings could be developed without a planning permit. The DDO allows for an assessment of the potential loss of views. All dwellings within this street are subject to the same controls, therefore if other dwellings were to propose additions over 7.5 metres another analysis would be undertaken and a planning permit would be required. Without the DDO14 there would be no controls to trigger a planning permit in relation to views. Development Plan Overlay exempts any planning application from notice that is generally in accordance with the approved development plan. Loss of views Comment

109 Development Hearings Panel Page 109 The purpose of Schedule 14 to the Design and Development Overlay relates to the reasonable sharing of views having regard to the extent of the available view and the significance of the view from the properties affected. The dwellings to the rear of the subject site, 13 Bermuda Drive, has views expanding to the north west of the subject site. Directly north of the site is a dwelling and established vegetation, limiting views to the bay. The overlay encourages the reasonable sharing of views. Given 12 Bermuda Drive has extensive views to the North West and these views will not be interrupted as the subject site and proposed dwelling is directly north. Photos submitted by objector from the balcony (under construction) at 13 Bermuda Drive. The photo is looking north east subject site annotated with star.

110 Development Hearings Panel Page 110 Photos submitted by objector from the balcony (under construction) at 13 Bermuda Drive. The photo is looking North West subject site annotated with star. Photos submitted by objector from the balcony (under construction) at 13 Bermuda Drive. The photo is looking directly north to subject site subject site annotated with star. Further assessment of loss of views will be discussed below.

111 Development Hearings Panel Page 111 Non-compliance with Arlington Rise Design Guideline Comment The Arlington Rise design guidelines were prepared by the developer of the Arlington Rise subdivision. An Architectural Review Committee (ARC) has been established to formally check and review designs against these guidelines. The guidelines include design requirements for home design, fencing, landscaping and other structures. The Arlington Rise design guidelines are not registered or referred to on title however written approval from Portarlington Nominees Pty Ltd is required for all dwellings. Therefore, Council cannot require developments to be constructed in accordance with the design guidelines as part of the planning process. Failing to obtain approval from the ARC and constructing a development that does not accord with the design guidelines is a civil matter. For clarification purposes, a restriction is registered on title which prevents the registered proprietor or proprietors of the subject lots from building or allowing to be built any improvement without first obtaining written approval of the design from Portarlington Nominees Pty Ltd, Level 23, 101 Collins Street, Melbourne, Victoria, The applicant has provided tentative approval pending Council s decision. It is unclear why the Design Committee has required other dwellings to be under 7.5 metres and given in principal support to this proposal. The process of The Arlington Rise design committee and the approval is a civil matter and it not a Council process. Impact to coastal neighbourhood Comment The neighbourhood is contains large double storey coastal dwellings. The proposed dwelling is not out of place within the neighbourhood. The dwelling to the rear of the site is currently under construction and is a double storey dwelling with a pitched roof. It is acknowledged that the pitch of the roof is shallower however the general principal of the design element is similar. The character is emerging with lots still yet to be developed

112 Development Hearings Panel Page 112 Large double storey dwellings within the neighbourhood. Dwelling to the rear of the subject site (left of image) and other double storey dwellings within the estate.

113 Development Hearings Panel Page 113 Assessment Design and Development Overlay Schedule 14 Before deciding on an application, the responsible authority must consider: The design objectives of this schedule. The impact of the proposed buildings and works on the view from another property as result of the design, siting, height, size and bulk (including the roof). Whether opportunities exist to avoid a building being visually obtrusive by the use of alternative building designs, including split level and staggered building forms, that follow the natural slope of the land and reduce the need for site excavation or filling. The opportunity for a reasonable sharing of views having regard to the extent of the available view(s) and the significance of the view(s) from the properties affected. The design objectives of this schedule. Design objectives To ensure that the siting, height and visual bulk of dwellings achieves a reasonable sharing of views between properties to significant landscape features such as the coast (ocean and foreshore), Corio Bay, Barwon River, Central Geelong, Barrabool Hills and the You Yangs. This area of Portarlington has access to views of Corio Bay and further out to the You Yangs. 13 Bermuda Drive has expansive views out to Corio Bay which run uninterrupted by this development. If any views from this site were to be affected, it would be when 16 San Fernando Avenue is developed with a dwelling. The proposed dwelling will not impact on views to the Bay given as it is situated to the north of 13 Bermuda Drive, and the views are north westerly. The impact of the proposed buildings and works on the view from another property as result of the design, siting, height, size and bulk (including the roof). The applicant provided a 3D mock-up image of the proposed dwelling, shown below. It is acknowledged that this image may not be 100% accurate and has not been used to make a formal assessment on this application. However it provides a visual on how the proposed dwelling may appear from the view of 13 Bermuda Drive.

114 Development Hearings Panel Page 114 3D mock up image supplied by the applicant looking north from 13 Bermuda Drive. The image below has also been designed and supplied by the applicant and has not been used to make a formal assessment. However the image creates a visual of where the views are located from the balcony of 13 Bermuda Drive. Whilst both these images may not be accurate, it is clear from a site inspection and the photos supplied by the objector that the views to the North West are correct. If anything, a dwelling to the north west of the 13 Bermuda Drive will impact more on their views than the subject site in question. 3D mock up image supplied by the applicant looking North West from 13 Bermuda Drive.

115 Development Hearings Panel Page 115 Photos submitted by objector from the balcony (under construction) at 13 Bermuda Drive. The photo is looking North West to the currently interrupted views subject site annotated with star. Whether opportunities exist to avoid a building being visually obtrusive by the use of alternative building designs, including split level and staggered building forms, that follow the natural slope of the land and reduce the need for site excavation or filling. The subject site has a natural slope of the land, towards San Fernando Avenue. The soil of the site is unable to be blasted given the proximity of residents and existing dwellings, therefore limits the ability of the site to be cut any further than already proposed. The site is fortunate with the topography of the land. The southern part of the dwelling has an approximate height of 7.2 metres from natural ground level. With the slope of the land, falling towards San Fernando Avenue, the part of the dwelling that is greater than 7.5 metres is on the north side of the building. If the north elevation was lowered to 7.5 metres or under, the interruption of the views would remain unchanged. The opportunity for a reasonable sharing of views having regard to the extent of the available view(s) and the significance of the view(s) from the properties affected. The dwellings north of the subject site have been designed to have expansive views north west of the subject site. The impact on the views has been considered minor to the north in comparison to the extensive and expansive views available to the dwelling to the North West. It is acknowledged that the development may interrupt water views to the north through the gaps of the existing vegetation however this view is existing and already interrupted by the vegetation.

Mollers Lane, Leopold, Victoria Significant Landscape Overlay Re-assessment

Mollers Lane, Leopold, Victoria Significant Landscape Overlay Re-assessment XURBAN Mollers Lane, Leopold, Victoria Significant Landscape Overlay Re-assessment For: TGM Group November 2016 Final Mollers Lane, Leopold, Victoria Significant Landscape Overlay Re-assessment Client

More information

Kaufland supermarket and complementary uses, part 1550 Pascoe Vale Road, Coolaroo Incorporated Document (Insert date) 2019

Kaufland supermarket and complementary uses, part 1550 Pascoe Vale Road, Coolaroo Incorporated Document (Insert date) 2019 Kaufland supermarket and complementary uses, part 1550 Pascoe Vale Road, Coolaroo Incorporated Document (Insert date) 2019 Page 1 of 7 Incorporated document pursuant to section 6(2)(j) of the Planning

More information

25 AVALON ROAD, AVALON

25 AVALON ROAD, AVALON Development Hearings Panel Page 1 Application No: 1200/2015 Applicant: Subject Land: Owner: Zone: Overlays: Existing Use: Proposed Use: Ivelja Design 25 Avalon Road, Avalon C J Bate and S M Bate Farming

More information

Authority. any changes required as a result of the approved CHMP.

Authority. any changes required as a result of the approved CHMP. PLANNING PERMIT Permit No. Planning Scheme Responsible Authority../2013 Greater Geelong Planning Scheme Greater Geelong City Council ADDRESS OF THE LAND 5, 15, 21, 23, 1/23, 25, 33, 40 and 50 Caddys Road;

More information

CITY OF GREATER GEELONG

CITY OF GREATER GEELONG CITY OF GREATER GEELONG AGENDA DEVELOPMENT HEARINGS PANEL MEETING NO 573 TO BE HELD AT BROUGHAM STREET OFFICE (GROUND FLOOR) 100 BROUGHAM STREET, GEELONG ON THURSDAY, 4 OCTOBER 2018 AT 5.00 P.M. 1. Committee

More information

Wetland Design Manual. A1: Vision, core outcomes and aspirational outcomes

Wetland Design Manual. A1: Vision, core outcomes and aspirational outcomes Wetland Design Manual A1: Vision, core outcomes and aspirational outcomes Table of contents Introduction 5 Vision 6 Core outcomes 7 Effective pollutant removal and flow management... 7 Community safety...

More information

Proposed Southland District Plan 2012 Appeal Version October 2016

Proposed Southland District Plan 2012 Appeal Version October 2016 S e c t i o n 3. 5 - F i o r d l a n d / R a k i u r a Z o n e The Fiordland/Rakiura Zone encompasses the Fiordland and Rakiura National Parks and part of Mt Aspiring National Park. It also includes areas

More information

Draft Ada Street Cardiff Area Plan

Draft Ada Street Cardiff Area Plan Draft Ada Street Cardiff Area Plan (Draft Amendment to Lake Macquarie Development Control Plan 2014) Exhibition: The draft Area Plan is on public exhibition from 29 February 2016 to 29 March 2016. Submissions:

More information

open space environment

open space environment This section updated August 09 GUIDELINE TO THE RULES The Open Space Environment Rules apply to activities on sites within the Open Space Environment as shown on the Human Environments Maps. Most of the

More information

Schedule of Planning Applications Committee Date: 23 May Reference: 06/17/0726/F Parish: Hemsby Officer: Mr J Beck Expiry Date:

Schedule of Planning Applications Committee Date: 23 May Reference: 06/17/0726/F Parish: Hemsby Officer: Mr J Beck Expiry Date: Schedule of Planning Applications Committee Date: 23 May 2018 Reference: 06/17/0726/F Parish: Hemsby Officer: Mr J Beck Expiry Date: 22-05-2018 Applicant: Proposal: Site: Mr Gillett Change of use to the

More information

Section 3b: Objectives and Policies Rural Environment Updated 19 November 2010

Section 3b: Objectives and Policies Rural Environment Updated 19 November 2010 Page 1 of Section 3b 3b RURAL ENVIRONMENT 3b.1 Introduction The Rural Environment comprises all the land outside of the Residential, Town Centre and Industrial Environments. Most land within the District

More information

I615. Westgate Precinct

I615. Westgate Precinct I615. Westgate Precinct I615.1. Precinct Description The Westgate Precinct is located approximately 18km west of the Auckland city centre. There are seven Sub-precincts in the Westgate Precinct: Sub-precinct

More information

SCHEDULE 10 TO THE URBAN GROWTH ZONE. Shown on the planning scheme map as UGZ10. Truganina Precinct Structure Plan. 1.0 The Plan

SCHEDULE 10 TO THE URBAN GROWTH ZONE. Shown on the planning scheme map as UGZ10. Truganina Precinct Structure Plan. 1.0 The Plan SCHEDULE 10 TO THE URBAN GROWTH ZONE Shown on the planning scheme map as UGZ10 Truganina Precinct Structure Plan 1.0 The Plan Map 1 shows the future urban structure proposed in the Truganina Precinct Structure

More information

Greater Geelong Planning Scheme Proposed Planning Scheme Amendment C and 5-19 Princes Highway, Norlane

Greater Geelong Planning Scheme Proposed Planning Scheme Amendment C and 5-19 Princes Highway, Norlane Greater Geelong Planning Scheme Proposed Planning Scheme Amendment C253 PLANNING SUBMISSION prepared for Bunnings Group Ltd by SJB Planning Pty Ltd Level 1, Building D 80 Dorcas Street SOUTHBANK VIC 3006

More information

Queensland Coastal Plan. Presented by John Lane Director Environment Planning

Queensland Coastal Plan. Presented by John Lane Director Environment Planning Queensland Coastal Plan Presented by John Lane Director Environment Planning Queensland Coastal Plan - Status Released 7 April 2011, but NOT YET IN EFFECT Formatting & operational amendments required Yet

More information

Part 10 Other plans

Part 10 Other plans Contents of Part 10 Part 10 Other plans... 10-1 10.1 Preliminary... 10-1 10.2 Palmview Structure Plan... 10-2 10.2.1 Preliminary... 10-2 10.2.2 Master Strategic Framework... 10-6 10.2.3 Master Precincts

More information

Lake Macquarie Development Control Plan 2014 Revision 20

Lake Macquarie Development Control Plan 2014 Revision 20 Lake Macquarie Development Control Plan 2014 Revision 20 TABLE OF CONTENTS: 1 INTRODUCTION... 3 1.1 HOW TO USE THIS PLAN... 3 1.2 ADDITIONAL CONTROLS FOR SPECIFIC LAND USES... 3 1.3 AIMS FOR DEVELOPMENT

More information

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

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

More information

POLICY SRT/D4 STORMWATER MANAGEMENT

POLICY SRT/D4 STORMWATER MANAGEMENT POLICY SRT/D4 STORMWATER MANAGEMENT BACKGROUND Increasing population, decreasing rainfall and increasing community expectations regarding environmental issues have led to increasing recognition of the

More information

Division 13 Local Business and Industry Buffer Zone: Assessment Criteria and Assessment Tables

Division 13 Local Business and Industry Buffer Zone: Assessment Criteria and Assessment Tables Division 13 Local Business and Industry Buffer Zone: Assessment Criteria and Assessment Tables 4.13.1 Local Business and Industry Buffer Zone The provisions in this division relate to the Local Business

More information

Section 12C Subdivision in the Rural Residential Zone

Section 12C Subdivision in the Rural Residential Zone Section 12C 12C Subdivision in the Rural Residential Zone The Rural Residential Zone provides part of the range of residential opportunities within the City. Land zoned rural residential is considered

More information

Derry City and Strabane District Council Planning Committee Report

Derry City and Strabane District Council Planning Committee Report Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 20.12.2017 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: A/2014/0495/F Full Construction of

More information

Eastern Golf Course, Doncaster Road, Doncaster

Eastern Golf Course, Doncaster Road, Doncaster , 463-535 Road, Heritage Assessment in accordance with Schedule to the Development Plan Overlay July 2013 bryce raworth conservation urban design 19 Victoria Street St Kilda Vic 3182 , 463-535 Road, Heritage

More information

4 RESIDENTIAL ZONE. 4.1 Background

4 RESIDENTIAL ZONE. 4.1 Background 4 RESIDENTIAL ZONE 4.1 Background The residential areas within the City are characterised by mainly lowrise dwellings sited on individual allotments. Past architectural styles, settlement patterns and

More information

I611. Swanson North Precinct

I611. Swanson North Precinct I611. Swanson North Precinct I611.1. Precinct Description Swanson North is located in the north eastern foothills of the Waitakere Ranges. It is outside the Waitakere Ranges Heritage Area Act and the Waitakere

More information

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL. REPORT TO: Planning Committee 1 April 2015 Planning and New Communities Director

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL. REPORT TO: Planning Committee 1 April 2015 Planning and New Communities Director SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL REPORT TO: Planning Committee 1 April 2015 AUTHOR/S: Planning and New Communities Director Application Number: Parish(es): Proposal: Site address: Applicant(s): Recommendation:

More information

DAREBIN PLANNING SCHEME AMENDMENT C137

DAREBIN PLANNING SCHEME AMENDMENT C137 Who is the planning authority? Planning and Environment Act 1987 DAREBIN PLANNING SCHEME AMENDMENT C137 EXPLANATORY REPORT This amendment has been prepared by the Darebin City Council, who is the planning

More information

Grantham Southern Quadrant Link Road Environmental Statement

Grantham Southern Quadrant Link Road Environmental Statement Grantham Southern Quadrant Link Road Environmental Statement Non Technical Summary Introduction Lincolnshire County Council (LCC) is submitting a planning application for the proposed implementation of

More information

Kaufland supermarket and complementary uses, part 1158 Nepean Highway, Mornington Incorporated Document (Insert date) 2019

Kaufland supermarket and complementary uses, part 1158 Nepean Highway, Mornington Incorporated Document (Insert date) 2019 Kaufland supermarket and complementary uses, part 1158 Nepean Highway, Mornington Incorporated Document (Insert date) 2019 Page 1 of 9 Incorporated document pursuant to section 6(2)(j) of the Planning

More information

Planning Committee 04/02/2015 Schedule Item 6. Smith Farm Estate, Old Bridge Close, Northolt, UB5 6UA.

Planning Committee 04/02/2015 Schedule Item 6. Smith Farm Estate, Old Bridge Close, Northolt, UB5 6UA. Planning Committee 04/02/2015 Schedule Item 6 Ref: Address: Ward: Proposal: PP/2014/5145 Smith Farm Estate, Old Bridge Close, Northolt, UB5 6UA. Greenford Broadway Installation of sports pitch, reconstruction

More information

4 Residential and Urban Living Zones

4 Residential and Urban Living Zones 4 Residential and Urban Living Zones Refer to Chapters 11 to 20 for additional rules that may apply to these zones. 4.1 OBJECTIVES AND POLICIES Objective Res1 Policy 1 Policy 2 Policy 3 Policy 4 Policy

More information

H7 Open Space zones. (a) provide for the needs of the wider community as well as the needs of the community in which they are located;

H7 Open Space zones. (a) provide for the needs of the wider community as well as the needs of the community in which they are located; H7. Open Space zones H7.1. Background The majority of land zoned as open space is vested in the Council or is owned by the Crown. However some areas zoned open space are privately owned. While the open

More information

INCREMENTAL CHANGE AREA REVIEW March 2015 Page 1

INCREMENTAL CHANGE AREA REVIEW March 2015 Page 1 INCREMENTAL CHANGE AREA REVIEW March 2015 Page 1 Table of Contents Introduction... 3 Background to Review... 3 Comparison of the Schedules to the General Residential Zone... 7 Methodology... 7 Policy Context...

More information

Section 6A 6A Purpose of the Natural Features and Landscapes Provisions

Section 6A 6A Purpose of the Natural Features and Landscapes Provisions Section 6A 6A Purpose of the Natural Features and Landscapes Provisions This Chapter addresses the protection and management of natural features and landscapes within the City. The City has a number of

More information

Lake Macquarie Development Control Plan 2014 Revision 17

Lake Macquarie Development Control Plan 2014 Revision 17 Lake Macquarie Development Control Plan 2014 Revision 17 Part 3 Development within Residential Zones Draft LMCC DCP 2014 Page 1 F2009/00952 Version 4 Exhibition Draft July 2012 TABLE OF CONTENTS: 1 INTRODUCTION...

More information

SCHEDULE THREE TO THE DEVELOPMENT PLAN OVERLAY EASTERN GOLF COURSE KEY REDEVELOPMENT SITE

SCHEDULE THREE TO THE DEVELOPMENT PLAN OVERLAY EASTERN GOLF COURSE KEY REDEVELOPMENT SITE DD/MM/YY SCHEDULE THREE TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO3 EASTERN GOLF COURSE KEY REDEVELOPMENT SITE 1.0 A permit may be granted before a development plan has been

More information

GIBBSTON CHARACTER ZONE. QLDC PROPOSED DISTRICT PLAN [PART FOUR] AUGUST gibbston character zone

GIBBSTON CHARACTER ZONE. QLDC PROPOSED DISTRICT PLAN [PART FOUR] AUGUST gibbston character zone 23 GIBBSTON CHARACTER ZONE QLDC PROPOSED DISTRICT PLAN [PART FOUR] AUGUST 2015 23 gibbston character zone QLDC PROPOSED DISTRICT PLAN [PART FOUR] AUGUST 2015 23 gibbston character zone 23.1 Zone Purpose

More information

2A District-wide Policies

2A District-wide Policies 2A Introduction This Chapter contains policies which are relevant to subdivision, use and development activities occurring across all zones and areas of the District. The policies in this Chapter implement

More information

11.3 SPECIAL CHARACTER ZONE HAWKE S BAY REGIONAL SPORTS PARK

11.3 SPECIAL CHARACTER ZONE HAWKE S BAY REGIONAL SPORTS PARK 11.3 SPECIAL CHARACTER ZONE HAWKE S BAY REGIONAL SPORTS PARK 11.3.1 INTRODUCTION The availability of sports and recreation activities and facilities is important for the maintenance and enhancement of

More information

PLANNING DECISION NOTICE

PLANNING DECISION NOTICE PLANNING DECISION NOTICE TOWN AND COUNTRY PLANNING ACT, 1990 Applicant WILLITON VILLAGE HALL STEERING COMM. C/O ALISON CALLOWWAY 54 NORTHCROFT WILLITON TAUNTON TA4 4RT Date Registered 11/08/2006 Application

More information

CITY OF GREATER GEELONG

CITY OF GREATER GEELONG CITY OF GREATER GEELONG AGENDA DEVELOPMENT HEARINGS PANEL MEETING NO 538 TO BE HELD AT BROUGHAM STREET OFFICE (GROUND FLOOR) 100 BROUGHAM STREET, GEELONG ON THURSDAY, 16 FEBRUARY 2017 AT 5.00 P.M. 1. Committee

More information

Lake Macquarie Development Control Plan Revision 20

Lake Macquarie Development Control Plan Revision 20 Lake Macquarie Development Control Plan 2014 - Revision 20 LMCC DCP 2014 Revision 20 Page 0 F2016/01470 TABLE OF CONTENTS: 1 INTRODUCTION... 3 1.1 HOW TO USE THIS PLAN... 3 1.2 ADDITIONAL CONTROLS FOR

More information

CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG

CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG ON THURSDAY 03 NOVEMBER 2016 Meeting opened at 5:03pm. 1. COMMITTEE

More information

EAST VILLAGE STRATEGIC SITE NOVEMBER 2017

EAST VILLAGE STRATEGIC SITE NOVEMBER 2017 EAST VILLAGE STRATEGIC SITE NOVEMBER 2017 East Village will be a sustainable, mixeduse precinct with a focus on innovative employment and education opportunities. Enhanced by green spaces and places for

More information

SECTION ONE North East Industrial Zone Design Guide Palmerston North City Council June 2004

SECTION ONE North East Industrial Zone Design Guide Palmerston North City Council June 2004 SECTION ONE North East Industrial Zone Design Guide Palmerston North City Council June 2004 young heart easy living 1 Preface Industrial areas are a very important component of the economic well-being

More information

Planning Proposal Toronto Road, Booragul. Amendment to Lake Macquarie Local Environmental Plan (LMLEP) 2014

Planning Proposal Toronto Road, Booragul. Amendment to Lake Macquarie Local Environmental Plan (LMLEP) 2014 Planning Proposal Toronto Road, Booragul Amendment to Lake Macquarie Local Environmental Plan (LMLEP) 2014 Local Government Area: Name of Draft LEP: Subject Land: Land Owner: Applicant: Folder Number:

More information

6 PORT SYDNEY SETTLEMENT AREA

6 PORT SYDNEY SETTLEMENT AREA Section 6 Port Sydney Page 61 6 PORT SYDNEY SETTLEMENT AREA 6.1 Basis and Principles Village of Port Sydney Waterfront Community Existing Services 6.1.1 Port Sydney is an historic settlement that has developed

More information

CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG

CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG ON THURSDAY 17 JANUARY 2019 Meeting opened at 5:00pm. 1. COMMITTEE

More information

DEVELOPMENT APPLICATION DECISION NOTICE Sustainable Planning Act 2009 (SPA)

DEVELOPMENT APPLICATION DECISION NOTICE Sustainable Planning Act 2009 (SPA) Date >> 06 July TOWNSVILLE CITY COUNCIL LEVEL 1 GOLD FOYER 143 WALKER STREET PO BOX 1268, TOWNSVILLE QUEENSLAND 4810 Ross River Solar Farm Pty Ltd C/- AECOM Australia Pty Ltd PO Box 5423 TOWNSVILLE QLD

More information

I602. Birdwood Precinct

I602. Birdwood Precinct I602. Birdwood Precinct I602.1. Precinct description The Birdwood Precinct applies to an area west of Don Buck Road and south of Red Hills Road in west Auckland. It incorporates subdivision and development

More information

I539. Smales 2 Precinct

I539. Smales 2 Precinct I539. Smales 2 Precinct I539.1. Precinct Description The Smales 2 Precinct applies to a 4.8 hectare block of land located on the southern side of Northcote Road and fronting Lake Pupuke, Takapuna. The

More information

3. STATEMENTS OF DESIRED CHARACTER FOR PLANNING AREAS AND PRECINCTS

3. STATEMENTS OF DESIRED CHARACTER FOR PLANNING AREAS AND PRECINCTS 3.30 Planning Area No. 30 Mary River Valley 3.30.1 Location and Role This Planning Area encompasses rural lands in the western part of the Shire. These lands are located within the catchment area of the

More information

Tāhuhu whakaruruhau ā-taone The sheltering ridge pole

Tāhuhu whakaruruhau ā-taone The sheltering ridge pole B2. Tāhuhu whakaruruhau ā-taone - Urban growth and form B2.1. Issues Tāhuhu whakaruruhau ā-taone The sheltering ridge pole Auckland s growing population increases demand for housing, employment, business,

More information

GREENBANK DEVELOPMENT MASTERPLAN

GREENBANK DEVELOPMENT MASTERPLAN DEVELOPMENT MASTERPLAN POTENTIAL TRAIN STATION COMMUNITY CENTRE Greenbank will be a connected masterplanned community providing easy access to local and surrounding amenity. Affordable quality homes, green

More information

SECTION 7A: WHAKARONGO RESIDENTIAL AREA

SECTION 7A: WHAKARONGO RESIDENTIAL AREA SECTION 7A: WHAKARONGO RESIDENTIAL AREA CONTENTS 7A.1 Introduction 1 7A.2 Resource Management Issues 1 7A.3 Objectives and Policies 1 7A.4 Methods 4 7A.5 Residential Zone 4 7A.5.1 Rules: Controlled Activities

More information

Sandy Creek Road and 1720 Bacchus Marsh Road, Little River

Sandy Creek Road and 1720 Bacchus Marsh Road, Little River 405 455 Sandy Creek Road and 1720 Bacchus Marsh Road, Little River Planning Permit Application for Development and Use of Land for Stone (Sand and Soil) Extraction and Removal of Native Vegetation Reference:

More information

PLANNING COMMITTEE REPORT

PLANNING COMMITTEE REPORT PLANNING COMMITTEE REPORT TO: BY: Planning Committee South Head of Development DATE: 19 December 2017 DEVELOPMENT: SITE: WARD: APPLICATION: APPLICANT: Conversion of existing water storage reservoir to

More information

CASEY PLANNING SCHEME AMENDMENT C188

CASEY PLANNING SCHEME AMENDMENT C188 Who is the planning authority? Planning and Environment Act 1987 CASEY PLANNING SCHEME AMENDMENT C188 EXPLANATORY REPORT This amendment has been prepared by the Growth Areas Authority (now known as the

More information

LEOPOLD LAND CAPABILITY AND BAY ACCESS REPORT

LEOPOLD LAND CAPABILITY AND BAY ACCESS REPORT LEOPOLD LAND CAPABILITY AND BAY ACCESS REPORT JULY 2015 Prepared by Spiire for City of Greater Geelong This report has been prepared by the office of Spiire Level 2 10 Moorabool Street PO Box 4032 Geelong

More information

BYLAW C A Bylaw of Rocky View County to amend Land Use Bylaw C

BYLAW C A Bylaw of Rocky View County to amend Land Use Bylaw C BYLAW C-7720-2017 A Bylaw of Rocky View County to amend Land Use Bylaw C-4841-97. The Council of Rocky View County enacts as follows: PART 1 TITLE This Bylaw shall be known as Bylaw C-7720-2017. PART 2

More information

Planning Proposal Charlestown Swim and Leisure Centre LEP Amendment

Planning Proposal Charlestown Swim and Leisure Centre LEP Amendment Planning Proposal Charlestown Swim and Leisure Centre LEP Amendment Amendment No. 4 to Lake Macquarie Local Environmental Plan 2014 (PP_2014_LAKEM_005_00) Local Government Area: Name of Draft LEP: Lake

More information

Planning Proposal Concurrent DA/LEP Amendment for Belmont North Pharmacy Amendment No. 24 to Lake Macquarie Local Environmental Plan (LMLEP) 2014

Planning Proposal Concurrent DA/LEP Amendment for Belmont North Pharmacy Amendment No. 24 to Lake Macquarie Local Environmental Plan (LMLEP) 2014 Planning Proposal Concurrent DA/LEP Amendment for Belmont North Pharmacy Amendment No. 24 to Lake Macquarie Local Environmental Plan (LMLEP) 2014 Local Government Area: Name of Draft LEP: Subject Land:

More information

AMENDMENTS. Date Effective. Amendment No. Council. DCP 14 Davidson St, Greenacre Page 2

AMENDMENTS. Date Effective. Amendment No. Council. DCP 14 Davidson St, Greenacre Page 2 AMENDMENTS Amendment No. Description Adopted by Council Date Effective DCP 14 Davidson St, Greenacre Page 2 TABLE OF CONTENTS 1.0 INTRODUCTION... 4 1.1 NAME OF THIS PLAN... 4 1.2 COMMENCEMENT OF DEVELOPMENT

More information

and services The protection and conservation of environmentally significant and sensitive natural heritage features and functions.

and services The protection and conservation of environmentally significant and sensitive natural heritage features and functions. 6. Land Use 6.0 Preamble A healthy and livable city is one in which people can enjoy a vibrant economy and a sustainable healthy environment in safe, caring and diverse neighbourhoods. In order to ensure

More information

Lake Macquarie Development Control Plan 2014 Revision 19

Lake Macquarie Development Control Plan 2014 Revision 19 Lake Macquarie Development Control Plan 2014 Revision 19 Part 8 Subdivision Development Adopted by Council 25 June 218 Page 0 F2018/00436 TABLE OF CONTENTS: 1 INTRODUCTION... 4 1.1 HOW TO USE THIS PLAN...

More information

RURAL ZONE - POLICY. Rural Zone Policy. Issue: Rural Environment. Ruapehu District Plan Page 1 of 8

RURAL ZONE - POLICY. Rural Zone Policy. Issue: Rural Environment. Ruapehu District Plan Page 1 of 8 Rural Zone Policy RU2 RURAL ZONE - POLICY RU2.1 Introduction The natural resources of the rural environment in the Ruapehu District provide the basis for the existing and potential character, intensity

More information

EXAMPLE. Bushfire Management Statement Construction of a single dwelling in a Bushfire Management Overlay

EXAMPLE. Bushfire Management Statement Construction of a single dwelling in a Bushfire Management Overlay Bushfire Management Statement Construction of a single dwelling in a Bushfire Management Overlay EXAMPLE Bushfire Management Statement Construction of a single dwelling in a Bushfire Management Overlay

More information

I604. Hobsonville Marina Precinct

I604. Hobsonville Marina Precinct I604. Hobsonville Marina Precinct I604.1. Precinct description Hobsonville Marina Precinct is located at Clearwater Cove, Hobsonville in Auckland s upper Waitemata Harbour. The precinct includes the coastal

More information

BELLARINE PENINSULA Draft Localised Planning Statement JUNE 2014

BELLARINE PENINSULA Draft Localised Planning Statement JUNE 2014 BELLARINE PENINSULA Draft Localised Planning Statement JUNE 2014 BELLARINE PENINSULA Draft Localised Planning Statement JUNE 2014 The Bellarine Peninsula Draft Localised Planning Statement has been developed

More information

WELLINGTON CITY DISTRICT PLAN

WELLINGTON CITY DISTRICT PLAN Section 32 Report WELLINGTON CITY DISTRICT PLAN PROPOSED DISTRICT PLAN CHANGE 54 REZONING 178 AND 180 OWHIRO BAY PARADE 1 Introduction Before a Proposed District Plan change is publicly notified the Council

More information

NON-TECHNICAL SUMMARY

NON-TECHNICAL SUMMARY Proposed Sand and Gravel Extraction and Associated Processing Operations with Restoration to a Mixture of Agriculture and Nature Conservation including Areas of Shallow Water at Hedgeley, Northumberland

More information

CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG

CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG ON THURSDAY 3 MAY 2018 Meeting opened at 5:00pm. 1. COMMITTEE MEMBERS

More information

The WAPC publications summarised in this report are (in order of policy importance):

The WAPC publications summarised in this report are (in order of policy importance): Summary of WAPC Publications Relevant to Local Biodiversity Planning As part of the delivery of the land use planning component of the Western Australian Natural Resource Management (NRM) program in 2011/12,

More information

Plan Modification to Chapter B2 of the Auckland Unitary Plan(AUP) Operative in part (15 November 2016)

Plan Modification to Chapter B2 of the Auckland Unitary Plan(AUP) Operative in part (15 November 2016) UNITARY PLAN UPDATE REQUEST MEMORANDUM TO FROM Phill Reid Linley Wilkinson DATE 25 September 2018 SUBJECT Plan Modification to Chapter B2 of the Auckland Unitary Plan(AUP) Operative in part (15 November

More information

A Growing Community Rural Settlement Areas

A Growing Community Rural Settlement Areas Town of Huntsville Official Plan Review - POLICY BACKGROUND PAPER A Growing Community Rural Settlement Areas BACKGROUND: In addition to the fully municipally-serviced Urban Settlement Area and the Hidden

More information

Persimmon Homes Thames Valley Date received: 2 nd April week date(major): 2 nd July 2014 Ward: Nascot

Persimmon Homes Thames Valley Date received: 2 nd April week date(major): 2 nd July 2014 Ward: Nascot PART A Report of: DEVELOPMENT MANAGEMENT SECTION HEAD Date of Committee: 26 th June 2014 Site address: Rounton, 28, Nascot Wood Road Reference Number: 14/00497/REM Description of Development: Reserved

More information

Child Minding Centres and Family Day Care

Child Minding Centres and Family Day Care Child Minding Centres and Family Day Care Policy Type: Local Planning Policy Policy Owner: Director Urban Planning Policy No. LPP1.12 Last Review Date: 20 September 2016 Policy Objectives To provide for

More information

Planning and Regulatory Committee 20 May Applicant Local Councillor Purpose of Report

Planning and Regulatory Committee 20 May Applicant Local Councillor Purpose of Report Planning and Regulatory Committee 20 May 2014 7. APPLICATION FOR PLANNING PERMISSION FOR THE CARRYING-OUT OF DEVELOPMENT PURSUANT TO PLANNING PERMISSION REFERENCE NUMBER 603451 DATED 28 FEBRUARY 2007 WITHOUT

More information

7. Biodiversity & Conservation Areas

7. Biodiversity & Conservation Areas 7. & Conservation Areas 7.1. Objectives The objectives of biodiversity and conservation areas are founded on the need to recognise the importance of biodiversity and acknowledge the need to protect, restore

More information

UTT/17/2075/FUL - (BERDEN) (Referred to Committee by Councillor Janice Loughlin. Reason: In the Public Interest)

UTT/17/2075/FUL - (BERDEN) (Referred to Committee by Councillor Janice Loughlin. Reason: In the Public Interest) UTT/17/2075/FUL - (BERDEN) (Referred to Committee by Councillor Janice Loughlin. Reason: In the Public Interest) PROPOSAL: LOCATION: APPLICANT: Amendments to the design of a scheme for a 49.99MW battery

More information

Local Area Key Issues Paper No. 11: Extractive industry - Yandina Creek and Browns Creek Road

Local Area Key Issues Paper No. 11: Extractive industry - Yandina Creek and Browns Creek Road Draft Sunshine Coast Planning Scheme Review of Submissions Local Area Key Issues Paper No. 11: Extractive industry - Yandina Creek and Browns Creek Road Key Issue: No. of submissions: Sites identified

More information

Rochford District Council Allocations Development Plan Document: Discussion and Consultation Document Sustainability Appraisal

Rochford District Council Allocations Development Plan Document: Discussion and Consultation Document Sustainability Appraisal Option SWH1 Balanced Communities Option SWH1 1 To ensure the delivery of high quality sustainable communities where people want to live and work Will it ensure the phasing of infrastructure, including

More information

Part 4.25 Pasminco Area Plan

Part 4.25 Pasminco Area Plan 1 INTRODUCTION The purpose of this Area Plan is to guide the redevelopment of the former Pasminco Cockle Creek Smelter site and the former Incitec Pivot Fertilizer site. The Pasminco and Incitec sites

More information

Contents of Part 6. Part 6 Zones

Contents of Part 6. Part 6 Zones Contents of Part 6 Part 6 Zones... 6-1 6.1 Preliminary... 6-1 6.2 Zone codes... 6-3 6.2.1 Low density residential zone code... 6-3 6.2.1.1 Application... 6-3 6.2.1.2 Purpose and overall outcomes... 6-3

More information

Procedures IV. V. Rural Road Design Option

Procedures IV. V. Rural Road Design Option i IV. Procedures A. All applicants required to prepare a Conservation Design Subdivision shall provide the Planning Board with a conceptual conventional subdivision design as well as a proposed layout

More information

Chapter 3: Natural Environment. Proposed Waikato District Plan Stage 1. (Notified version)

Chapter 3: Natural Environment. Proposed Waikato District Plan Stage 1. (Notified version) Chapter 3: Natural Environment Proposed Waikato District Plan Stage 1 Page 2 of 7 Contents Chapter 3: Natural Environment... 3 3.1 Indigenous Vegetation and Habitats... 3 3.1.1 Objective Biodiversity and

More information

Combined Planning Scheme Amendment Request and Planning Permit Application

Combined Planning Scheme Amendment Request and Planning Permit Application Combined Planning Scheme Amendment Request and Planning Permit Application Rezone land from the Farming Zone to the Commercial 1 Zone and develop a SubRegional Activity Centre Bellarine Gateway Plaza,

More information

23B.1 ACTIVITY STATUS RULES COASTAL ZONE

23B.1 ACTIVITY STATUS RULES COASTAL ZONE RULE 23B COASTAL ZONE 23B.1 ACTIVITY STATUS RULES COASTAL ZONE 23B.1.1 PERMITTED ACTIVITIES COASTAL ZONE The following activities are Permitted Activities in the Coastal Zone if they meet all the standards

More information

WELCOME GYPSY LANE. Wider Site Location plan. Proposals for the development of LAND OFF FOXLYDIATE LANE WEBHEATH. Proposals for the development of

WELCOME GYPSY LANE. Wider Site Location plan. Proposals for the development of LAND OFF FOXLYDIATE LANE WEBHEATH. Proposals for the development of WELCOME The developers are preparing an outline planning application for a residential led development and need the community s views in order to develop the proposals further WHAT IS PROPOSED? A high

More information

Design and siting guidelines

Design and siting guidelines Design and siting guidelines Enhance your lifestyle Callaway Park an development 1 These Guidelines deal with the planning and development of the vacant residential land lots at Callaway Park. 2 Introduction

More information

CA.1 Coastal Area. Index. CA.1.1 Description and Expectations

CA.1 Coastal Area. Index. CA.1.1 Description and Expectations Index.1.2.3.4 CA.2 CA.2.1 CA.2.2 CA.2.3 CA.3 CA.3.1 CA.3.2 CA.3.1 CA.4 CA.4.1 CA.4.2 CA.4.3 CA.4.4 CA.5 CA.5.1 CA.5.2 Description and Expectations Objectives Policies Guidance Note Landuse Eligibility

More information

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL. Planning and New Communities Director

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL. Planning and New Communities Director SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL REPORT TO: Planning Committee 9 January 2013 AUTHOR/S: Planning and New Communities Director S/2270/12/FL FEN DRAYTON 850m long flood defence embankment ranging in

More information

Derry City and Strabane District Council Planning Committee Report

Derry City and Strabane District Council Planning Committee Report Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 23 rd March 2016 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: LA11/2015/0395/F Residential Development

More information

City of Onkaparinga. Minutes of the Development Assessment Panel Meeting held at the Noarlunga Office Civic Area on Thursday 27 May 2010

City of Onkaparinga. Minutes of the Development Assessment Panel Meeting held at the Noarlunga Office Civic Area on Thursday 27 May 2010 City of Onkaparinga Minutes of the Development Assessment Panel Meeting held at the Noarlunga Office Civic Area on Thursday 27 May Meeting Commenced: 7pm Present: Reporting Officer(s): Officers in attendance:

More information

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

1 The development hereby permitted shall be carried out in accordance with the following approved plans: Location The Avenue Tennis Club The Avenue London N3 2LE Reference: 16/6509/FUL Received: 10th October 2016 Accepted: 10th October 2016 Ward: Finchley Church End Expiry 5th December 2016 Applicant: Mrs

More information

Great Easton Neighbourhood Plan Statement of Basic Conditions

Great Easton Neighbourhood Plan Statement of Basic Conditions Great Easton Neighbourhood Plan 2017-2031 Statement of Basic Conditions OCTOBER 2016 GREAT EASTON PARISH COUNCIL Contents 1.0 Introduction....Page 2 2.0 Summary of Submission Documents and Supporting Evidence..

More information

Derry City and Strabane District Council Planning Committee Report. Amended layout from approval A/2004/0462/F with reduction from 166 units

Derry City and Strabane District Council Planning Committee Report. Amended layout from approval A/2004/0462/F with reduction from 166 units Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 1 st February 2017 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: Full Planning application Amended

More information

FORMER CANADIAN FORCES BASE (CFB) ROCKCLIFFE SECONDARY PLAN. Official Plan Amendment XX to the Official Plan for the City of Ottawa

FORMER CANADIAN FORCES BASE (CFB) ROCKCLIFFE SECONDARY PLAN. Official Plan Amendment XX to the Official Plan for the City of Ottawa FORMER CANADIAN FORCES BASE (CFB) ROCKCLIFFE SECONDARY PLAN Official Plan Amendment XX to the Official Plan for the City of Ottawa 1 INDEX THE STATEMENT OF COMPONENTS PART A THE PREAMBLE PAGE Purpose...

More information

1.0 INTRODUCTION. Brantham Industrial Area Regeneration - Factory Lane - Brantham

1.0 INTRODUCTION. Brantham Industrial Area Regeneration - Factory Lane - Brantham 1.0 INTRODUCTION Welcome to this exhibition of our proposals for the regeneration of the Brantham Industrial Area located off Factory Lane in Brantham. This presentation will give you an opportunity to

More information

ALLERTHORPE NEIGHBOURHOOD PLAN

ALLERTHORPE NEIGHBOURHOOD PLAN Allerthorpe s Neighbourhood Plan sets out a vision for the Parish for the next 15 years (2018 2033) that builds on and reflects the opinions and views of parish residents. VISION In 2033 Allerthorpe will

More information