CITY OF GREATER GEELONG

Transcription

1 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 Members Present 2. Officers Present 3. Apologies 4. Confirmation of Minutes 5. Declaration of Interest 6. Matters for Consideration 7. Late Reports 8. Next Meeting Joanne van Slageren Chair 16 February 2017 Committee Membership J van Slageren (Chair) M Garrett P Smith J Bryce Distribution: Dr K Alexander, Administrator L Gardner, Administrator P Dorling, Administrator P Bettess, General Manager - Planning & Development G Russell - Communications and Marketing M Nigido - Building Services Town Planners

2 I N D E X Application No. Subject Address: Proposed Use: Page No. PP Grubb Road Road Reserve, Grubb Road and Grubb Road, OCEAN GROVE Removal of Native Vegetation and Construction of Three Access Points onto a Road Zone- Category One 3 PP Ballan Road, ANAKIE Use and Development of a Class B Broiler Farm and Associated Buildings and Works, Removal of Vegetation, a Boundary Realignment and Creation of Access to a Category 1 Road 38 PP /A 55 Maud Street, GEELONG Use of Existing Building for Student Accommodation 69 PP Pakington Street, GEELONG WEST Partial Demolition of Existing Building, Alterations and Additions Associated with a Food and Drink Premises, Use of Land for the Sale and Consumption of Liquor, Display of Business Identification Signage, Reduction in car parking requirements, loading and unloading and bicycle requirements 86

3 Development Hearings Panel Page 3 Application No: Applicant: Subject Land: Owner: PP Shell Road Developments Pty Ltd Grubb Road Road Reserve, Grubb Road and Grubb Road, Ocean Grove Kingston Developments Ocean Grove Pty Ltd Zone: Road Zone Category 1 Overlays: Vegetation Protection Overlay Schedule 1 Wildfire Management Overly Listed Buildings: Existing Use: Proposed Use: None Road Removal of Native Vegetation and Construction of Three Access Points onto a Road Zone Category One. Subject Site GRUBB ROAD, OCEAN GROVE

4 Development Hearings Panel Page 4 Summary The application concerns the Grubb Road road reserve and more particularly a 700m section of the eastern verge adjacent to land at Grubb Road and Grubb Road, Ocean Grove. A small section on the western side also forms part of this application. Grubb Road is a Road Zone Category 1 and affected by the Vegetation Protection Overlay Schedule 1 and the Wildfire Management Overlay. The 3.5km stretch of Grubb Road between the Bellarine Highway and Shell Road is heavily vegetated by remanent native species on both sides (hence the Vegetation Protection Overlay Schedule 1). The application seeks to remove native vegetation and construct three access points onto a Road Zone Category 1 (Grubb Road). In simple terms the majority; or 603m of the 780m frontage of vegetation on the eastern side of the road reserve is proposed for removal. This equates to hectares of Grassy Woodland and four scattered trees (including three Bellarine Yellow Gum trees) on the western side and the provision of a bus stop on the western side results in the removal of an additional hectares of Grassy Woodland. A permit is triggered pursuant to Clause (Native Vegetation), Clause (Vegetation Protection Overlay) and Clause (Access onto A Road Zone Category 1). 41 objections have been lodged with Council including a petition with 348 signatures. The application has been assessed against the relevant requirements of the planning scheme. The development of the activity centre has significant support via the planning scheme and it is considered that the number and location of access points is appropriate. The loss of vegetation is unfortunately unavoidable and it is considered that where possible the application has sought to minimise the loss. It is recommended that the application be supported with the conditions contained within this report. Recommendation That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Issue a Notice of Decision to Grant a Planning Permit for the Removal of Native Vegetation and Construction of Three Access Points onto a Road Zone Category 1 at Grubb Road Road Reserve, Grubb Road and Grubb Road, Ocean Grove in accordance with the plans submitted with the application and subject to the following conditions: Endorsed Plans 1. The works as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. Removal of Native Vegetation 2. No native vegetation shall be removed other than that marked on the endorsed plan, to the satisfaction of the Responsible Authority.

5 Development Hearings Panel Page 5 3. Prior to any vegetation removal, vegetation to be removed must be clearly marked on site and accord with the endorsed plans and the approved vegetation management plan. An inspection is required to be undertaken by the Responsible Authority. Staging of Works 4. The vegetation must only be removed at the time in which the construction of the access point is to be constructed. Vegetation Management Plan 5. Prior to the commencement of any works, a Vegetation Management Plan must be submitted to and approved by the Responsible Authority. When approved the Vegetation Management Plan will form part of this permit. The plan must include: a) Maps/figures which delineate vegetation permitted for removal in accordance with the endorsed plans; b) Identify Bellarine Yellow Gum to be retained and removed. c) The protection of retained vegetation with highly visible fencing in accordance with AS Protection of Trees on Development Sites. Fencing must include no-go signs which clearly state - VEGETATION PROTECTION ZONE - No Access Permitted. An inspection is required once the Tree Protection Fencing has been erected. Please contact the Geelong Environment and Waste Services Unit to arrange an inspection time. d) The highly visible vegetation protection fence must be erected around twice the canopy distance of each retained tree and more than 2 metres from remnant patches of native vegetation. e) No vehicular or pedestrian access, trenching or soil excavation may occur within the vegetation protection fence or Tree Protection Zone without the written consent of the Responsible Authority. f) No storage or dumping of tools, equipment or waste may occur within the vegetation protection fence or Tree Protection Zone. g) Rehabilitation of any disturbed areas with indigenous plants of local provenance. h) The placement of fill must be designed to ensure that it does not compromise native vegetation to be protected. 6. The endorsed Vegetation Management Plan must be implemented to the satisfaction of the Responsible Authority. Any non-compliance identified by the Responsible Authority must be rectified immediately at no cost to Council. Arborist Required to Determine Loss/Offset 7. On completion of works within the Tree Protection Zones of retained trees (Trees #14-22, Figure 3, Okologie Consulting, 13/12/2016) a report prepared by a Level 5 arborist must be submitted to the Responsible Authority detailing all works undertaken and whether the trees should be deemed lost and an offset required as per the Permitted clearing of native vegetation Biodiversity Assessment Guidelines (DEPI 2013). A tree is deemed lost if earthworks encroach on more than 10% of the Tree Protection Zone, lopping removes more than 1/3 of the crown, or the tree trunk is damaged.

6 Development Hearings Panel Page 6 8. Within twenty-four (24) months of the date of this permit, a report by a suitably qualified and experienced arborist (Level 5) assessing the health of the impacted of retained trees (Trees #14-22, Figure 3, Okologie Consulting, 13/12/2016) must be submitted to and approved by the Responsible Authority. If any of the trees are considered lost/removed/destroyed the trees must be offset in accordance with the Permitted clearing of native vegetation Biodiversity Assessment Guidelines (DEPI 2013) to the satisfaction of the Responsible Authority. Protection of Biodiversity 9. Prior to the felling any tree which may be removed, the tree must be examined by a suitably qualified zoologist for the presence of fauna in hollows or external nests. If native fauna species are located, they must be salvaged and relocated to the closest suitable vegetation. 10. Prior to works commencing, a permit from the relevant agency must be submitted to the Responsible Authority for the removal of any threatened plant taxa, plant taxa belonging to a threatened community, or protected flora from public land protected under the Flora and Fauna Guarantee Act Landscape Plan 11. Prior to works commencing a landscape plan must be submitted to and approved by the Responsible Authority. When approved, the plan will then form part of the permit. The landscape plan must be prepared in consultation with Council (including Council s Environment Unit) and VicRoads where appropriate. It must be drawn to sale with dimensions and include the current road reserve of Grubb Road and along the full frontage of the land zoned commercial 1 and commercial 2 and any land set aside for the future widening of Grubb Road (the Grubb Road Corridor ). The plan must show: a) All existing vegetation, including Bellarine Yellow-gums, to be retained post works. b) Planting of indigenous vegetation from an appropriate ecological vegetation class (EVC) across the entire Grubb Road corridor to provide an attractive sense of arrival to Ocean Grove (including land set aside for the future widening of Grubb Road). c) Re-establishment of a mature tree canopy cover across the Grubb Road corridor; d) Include a mix of overstorey and understorey lifeforms. e) A planting schedule of all proposed trees, shrubs, and ground covers, including botanical names, common names, pot sizes, sizes at maturity and quantities. f) Details of site and soil preparation, mulching and maintenance. g) Appropriate irrigation system or watering regime. h) Persons responsible for the implementation of the plan and proposed timeframes for the establishment of vegetation within the Grubb Road corridor. i) Staging of landscaping works. 12. Unless otherwise approved in writing by the Responsible Authority, planting of approved species in accordance with the approved plans must be carried out within six (6) months of the removal works, to the satisfaction of the Responsible Authority.

7 Development Hearings Panel Page The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are replaced. Construction Environment Management Plan 14. Prior to works commencing a Construction Environmental Management Plan (CEMP) must be submitted to and approved by the Responsible Authority. This plan must incorporate, but is not limited to, the following information: a) Maps/figures clearly showing vegetation permitted for removal to construct the dwelling, outbuildings and access. b) Measures to be taken to ensure the protection of retained native vegetation and nearby biodiversity during construction. c) Control of site emissions during construction. d) Measures to be taken to ensure that no polluted water and/or sediment laden runoff is to be discharged directly or indirectly into stormwater drains or watercourses during the construction period. e) Be prepared in accordance with the EPA Guideline for Environmental Management, Doing it Right on Subdivisions, Publication 960, September 2004 and CCF Environmental Guidelines for Civil Construction, f) All earthworks must be undertaken in a manner that will minimise soil erosion and adhere to Construction Techniques for Sediment Pollution Control, EPA g) Include the location of legal sites for the placement of fill/excess material all excess material is to be taken to legal disposal site with relevant approvals. The Responsible Authority must be notified if disposal sites change. h) The permit holder must advise all persons undertaking the (vegetation removal/works) on site of all relevant conditions of this permit. i) All contractors and subcontractors are to be inducted into the requirements of this Plan. 15. All works must be carried out in accordance with the Construction Environmental Management Plan, to the satisfaction of the Responsible Authority. DELWP 16. To offset the removal of hectares of native vegetation, the permit holder must secure a native vegetation offset, in accordance with the Permitted clearing of native vegetation Biodiversity assessment guidelines (DEPI 2013) and Native vegetation gain scoring manual (DEPI 2013) as specified below: A general offset of general biodiversity equivalence units with the following attributes: a) be located within the Corangamite Catchment Management Authority boundary or within the City of Greater Geelong municipal district. b) have a strategic biodiversity score of at least

8 Development Hearings Panel Page Before any native vegetation is removed, evidence that the required offset for the project has been secured must be provided to the satisfaction of Responsible Authority. The offset evidence can be: a) a security agreement signed by both parties, to the required standard, for the offset site or sites, including a 10 year offset management plan and/or b) an allocated credit extract from the Native Vegetation Credit Register. A copy of the offset evidence will be endorsed by the responsible authority and form part of this permit. Within 30 days of endorsement of the offset evidence by the responsible authority, a copy of the endorsed offset evidence must be provided to the Department of Environment, Land, Water and Planning. 18. Annual monitoring and reporting is required for offsets not secured on the Native Vegetation Credit Register. In the event that a security agreement is entered into as per condition 2, the applicant must provide the annual offset site condition report to the responsible authority by the anniversary date of the execution of the offset security agreement, for a period of 10 consecutive years. After the tenth year, the landowner must provide a report at the reasonable request of a statutory authority. 19. Unless otherwise agreed in writing by the Country Fire Authority and the Department of Environment, Land, Water and Planning, offsets must not be located within the 150 metre BMO assessment area in accordance with the Planning for Bushfire Victoria, Guidelines for Meeting Victoria s Bushfire Planning Requirements (CFA 2012). 20. Before the vegetation removal starts, the boundaries of all vegetation to be removed and retained must be clearly marked on the ground with tape or temporary fencing to the satisfaction of the Responsible Authority. 21. Before works start, the permit holder must advise all persons undertaking the vegetation removal or works on site of all relevant permit conditions and associated statutory requirements or approvals. 22. Any pruning, lopping or trimming that is required to be done to the canopy of any tree to be retained must be undertaken by a qualified arborist in accordance with Australian Standard Pruning of Amenity Trees. VICROADS 23. Prior to the development coming into use, the following road works must be completed at no cost to, and to the satisfaction of the Roads Corporation (VicRoads): Grubb Road/ Northern Access (Access point 2): a) Left turn lane. b) Right turning lane. c) Bike lanes. d) Intersection (street) lighting. Grubb Road/Southern Access (Access point 3): a) Left turn lane. b) Right turning lane. c) Bike lanes. d) Intersection (street) lighting.

9 Development Hearings Panel Page 9 Grubb Road/ Southern Access exist only (access Point 4) a) Angled for exit only. 24. Prior to the works on Grubb Road reserve commencing, the applicant must enter into a works agreement with VicRoads, confirming design plans and works approvals processes, including the determination of fees and the level of VicRoads service obligations. Expiry 25. This permit will expire if the works hereby approved have not been completed within 2 year of the date of this permit. Report 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. The Site & Locality The application concerns the Grubb Road road reserve and more particularly a 700m section of the eastern verge adjacent to land at Grubb Road and Grubb Road, Ocean Grove. A small section on the western side also forms part of this application. Grubb Road is a Road Zone Category 1 and affected by the Vegetation Protection Overlay Schedule 1 and the Wildfire Management Overlay. The 3.5km stretch of Grubb Road between the Bellarine Highway and Shell Road is heavily vegetated by remanent native species on both sides (hence the Vegetation Protection Overlay Schedule 1).

10 Development Hearings Panel Page 10 The road reserve adjoins land at Grubb Road and Grubb Road. These properties are zoned Commercial 1 and 2 and is affected by the Development Plan Overlay Schedule 22 which is commonly referred to as the Ocean Grove Growth Area. The entire growth area is expected to deliver approximately 3,200 new dwellings with an activity centre that will provide retail and community facilities as well as some light industrial uses. Adjoining land to the west is zoned Public Conservation and Resource Zone which identifies the Ocean Grove Nature Reserve, a woodland area that is covered by dense vegetation and predominately used for passive recreation (walking, picnics, bird watching etc) with the exception of some areas that are accessible for off-road cycling. Proposal The application seeks the construction of three access points onto a Road Zone Category 1 and the associated vegetation removal for these access points and another one which is included as part of planning application PP (multi-lot subdivision and creation of access). The access points will facilitate various access points along the proposed neighbourhood activity centre. The vegetation assessment submitted as part of the application, describes the extent of removal on the eastern side of Grubb Road as hectares of Grassy Woodland and four scattered trees (including three Bellarine Yellow Gum trees). The provision of a bus stop on the western side results in the removal of an additional hectares of Grassy Woodland.

11 Development Hearings Panel Page 11 In simple terms the majority; or 603m of the 780m frontage of vegetation on the eastern side of the road reserve is proposed for removal. Greater Geelong Planning Scheme Definition and Nesting Pursuant to Clause 72, native vegetation is defined as plants that are indigenous to Victoria, including trees, shrubs, herbs, and grasses. Removal of vegetation is not a land use and therefore not nested under Clause 75. However the Planning and Environment Act 1987 defines works as: Any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil. The construction of an access point would also fall within the definition of works. Zone Grubb Road is a Road Zone Category 1, the purpose of which is to: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify significant existing roads. To identify land which has been acquired for a significant proposed road. Overlay Grubb Road is affected by the Vegetation Protection Overlay Schedule 1. objective of the Overlay is: The To protect areas of significant indigenous vegetation. To maintain habitat corridors for indigenous flora and fauna. To ensure that all development and works minimise the loss of indigenous vegetation. Permit required clause and condition Pursuant to Clause Native Vegetation, a permit is required to remove, destroy or lop native vegetation, including dead native vegetation. Pursuant to Schedule 1 of Clause (Vegetation Protection Overlay), a permit is required remove, destroy or lop any vegetation. Pursuant to Clause Land Adjacent to a Road Zone, Category 1, or Public Acquisition Overlay for a Category 1 Road, a permit is required to create or alter access to a Road Zone Category 1. NOTE: A permit is not required under the Bushfire Management Overlay. Restrictive Covenant The road reserve is not affected by any restrictive covenants. However the adjoining land is affected by a section 173 Agreement which is related to the proposed works.

12 Development Hearings Panel Page 12 The Section 173 Agreement concerns the delivery on key infrastructure and the payment of various contributions. In particular is the following section which related to the construction of an intersection, now known as Coastal Boulevard. Cultural Heritage Management Plan (CHMP) The site or part of the site is not within an area of cultural heritage sensitivity, and 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.

13 Development Hearings Panel Page 13 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. 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 Not applicable. Bicycle Spaces Not applicable. State Planning Policy Framework 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 Native vegetation management Objective To ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria s biodiversity.

14 Development Hearings Panel Page 14 Strategies Apply the risk-based approach to managing native vegetation as set out in Permitted clearing of native vegetation Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013). These are: o o o Avoid the removal of native vegetation that makes a significant contribution to Victoria s biodiversity. Minimise impacts on Victoria s biodiversity. Where native vegetation is permitted to be removed, ensure that an offset is provided in a manner that makes a contribution to Victoria s biodiversity that is equivalent to the contribution made by the native vegetation to be removed. Local Planning Policy Framework Municipal Strategic Statement Biodiversity Objective Protect, maintain and enhance the biodiversity of the municipality. Strategies Ensure that land use and development enhances areas of native vegetation and other habitats. Ensure that land use and development minimises the fragmentation of areas of native vegetation and other habitats. Ensure habitats of indigenous species are protected from the impacts of land use and development Urban growth Objectives To limit urban sprawl by directing urban growth to designated urban growth areas. To improve housing affordability through the maintenance of appropriate urban land supplies, the promotion of competition in the housing market and the development of a diverse range of well located housing stock. Strategies A relevant strategy includes: Direct the majority of new greenfield residential development to the designated primary urban growth areas at Armstrong Creek, Ocean Grove, Drysdale/Clifton Springs, Lara and Leopold.

15 Development Hearings Panel Page 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 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. Strategies In reference to Ocean Grove, relevant strategies of this clause seek to: Ensure land use and development proceeds generally in accordance with the relevant Structure Plan maps included in this Clause. Direct the bulk of residential growth and retail development to Ocean Grove, Drysdale/Clifton Springs and Leopold consistent with the relevant Structure Plan maps included in this clause. Direct bulky goods retailing and industrial development to existing and future areas as identified in Structure Plan maps included in this clause. Ensuring that development allows for protection of significant vegetation and/or planting around buildings and has minimal impact on roadside vegetation. Support the continued development of the north-east growth area as shown on the Structure Plan map. Encourage a range of accommodation and housing options, including aged care within and adjacent to the Town Centre and other existing and proposed activity centres. Ensure development avoids impacts on environmental assets including the Coast, Buckley Park Foreshore Reserve, Goandra Estate, Ocean Grove Nature Reserve. Support the development of a new Neighbourhood Activity Centre, including community uses, in the north-east growth area adjacent to Grubb Road. Support the development of the restricted retail and industrial precincts within the north-east growth area. Support the duplication of Grubb Road in a manner which preserves significant roadside vegetation, provides an attractive town entry, safe crossing points, pedestrian/cycle paths and undergrounding of powerlines.

16 Development Hearings Panel Page 16 Extract of the structure plan map inluded as part of Clause Local Planning Policies There are no local policies relevant to this application.

17 Development Hearings Panel Page 17 Referrals Section 55: Determining Authority Authority: Vic Roads Pursuant to Clause : An application to create or alter access to, or to subdivide land adjacent to, a road declared as a freeway or an arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a PAO if the Roads Corporation is the acquiring authority for the land, subject to exemptions specified in the clause. Response: Officer Comment: If Council regards the proposed development favourably, VicRoads would require that the following conditions be included in any Notice of Decision to issue a Planning Permit or Planning Permit: 1. Prior to the development coming into use, the following road works must be completed at no cost to, and to the satisfaction of the Roads Corporation (VicRoads): Grubb Road/ Northern Access (Access point 2): a) Left turn lane. b) Right turning lane. c) Bike lanes. d) Intersection (street) lighting. Grubb Road/Southern Access (Access point 3): e) Left turn lane. f) Right turning lane. g) Bike lanes. h) Intersection (street) lighting. Grubb Road/ Southern Access exist only (access Point 4) i) Angled for exit only. 2. Prior to the works on Grubb Road reserve commencing, the applicant must enter into a works agreement with VicRoads, confirming design plans and works approvals processes, including the determination of fees and the level of VicRoads service obligations. The conditions are included as part of the recommendation. Recommending Authority Authority: DELWP Pursuant to Clause : To remove, destroy or lop native vegetation on Crown land which is occupied or managed by the responsible authority.

18 Development Hearings Panel Page 18 Response: DELWP does not object to the granting of the planning permit subject to the following Conditions being included in the permit: 1. To offset the removal of hectares of native vegetation, the permit holder must secure a native vegetation offset, in accordance with the Permitted clearing of native vegetation Biodiversity assessment guidelines (DEPI 2013) and Native vegetation gain scoring manual (DEPI 2013) as specified below: A general offset of general biodiversity equivalence units with the following attributes: o be located within the Corangamite Catchment Management Authority boundary or within the City of Greater Geelong municipal district. o have a strategic biodiversity score of at least Before any native vegetation is removed, evidence that the required offset for the project has been secured must be provided to the satisfaction of Responsible Authority. The offset evidence can be: o o a security agreement signed by both parties, to the required standard, for the offset site or sites, including a 10 year offset management plan and/or an allocated credit extract from the Native Vegetation Credit Register. A copy of the offset evidence will be endorsed by the responsible authority and form part of this permit. Within 30 days of endorsement of the offset evidence by the responsible authority, a copy of the endorsed offset evidence must be provided to the Department of Environment, Land, Water and Planning. 3. Annual monitoring and reporting is required for offsets not secured on the Native Vegetation Credit Register. In the event that a security agreement is entered into as per condition 2, the applicant must provide the annual offset site condition report to the responsible authority by the anniversary date of the execution of the offset security agreement, for a period of 10 consecutive years. After the tenth year, the landowner must provide a report at the reasonable request of a statutory authority. 4. Unless otherwise agreed in writing by the Country Fire Authority and the Department of Environment, Land, Water and Planning, offsets must not be located within the 150 metre BMO assessment area in accordance with the Planning for Bushfire Victoria, Guidelines for Meeting Victoria s Bushfire Planning Requirements (CFA 2012). 5. Before the vegetation removal starts, the boundaries of all vegetation to be removed and retained must be clearly marked on the ground with tape or temporary fencing to the satisfaction of the Responsible Authority. 6. Before works start, the permit holder must advise all persons undertaking the vegetation removal or works on site of all relevant permit conditions and associated statutory requirements or approvals.

19 Development Hearings Panel Page Any pruning, lopping or trimming that is required to be done to the canopy of any tree to be retained must be undertaken by a qualified arborist in accordance with Australian Standard Pruning of Amenity Trees. While a landscape plan was not included with the application, DELWP recommends revegetation utilising indigenous species along Grubb Road to replace the amenity value of the vegetation proposed for removal. Officer Comment: The conditions have been included as part of the recommendation and a landscaping plan is considered appropriate. Internal Department: Environment Response: Given the applicant has minimised native vegetation removal, and is now able to retain several Bellarine Yellow-gum in a revised road design/layout, the Environment Unit cannot object to the application on the grounds of biodiversity (i.e. decision guidelines of Clause 52.17), particularly given the extensive strategic planning undertaken within the general area which governs the outcomes (Structure Plan, DPO, Development Plan require several key intersections along Grubb Road). However, Environment does have concerns that the application is not meeting several of the objectives/requirements of the Geelong Planning Scheme namely the DPO Schedule 22 and the Clause MSS Ocean Grove: To create an attractive and safe entrance to the Ocean Grove township along the duplicated Grubb Road frontage of the Growth Area in a manner which maintains the significant roadside vegetation where possible - DPO Schedule 22. Landscaping treatments to provide an attractive entrance to Ocean Grove along the Grubb Road frontage using local indigenous species which complements and enhances the existing indigenous vegetation along Grubb Road - DPO Schedule 22. Landscape plan conditions detailed below have been specifically prepared to address the above concerns, and to provide an adequate buffer between residential/commercial areas and the Ocean Grove Nature Reserve, and to re-establish the habitat corridor along Grubb Road. The applicant agreed to deliver this outcome in the application: Where roadside vegetation loss is unavoidable, this is compensated for by proposed extensive planting within the land set aside for the future widening, and importantly planted in locations that enables retention of the semi-mature tree planting as part of the proposed ultimate upgrade of Grubb Road (Spiire, Response to submissions, 15 December 2016). The following conditions should be included on a permit:

20 Development Hearings Panel Page 20 Removal of Native Vegetation No native vegetation shall be removed other than that marked on the endorsed plan, to the satisfaction of the Responsible Authority. Please endorse page 10 of the BIOR report and figures 2a-2d in the Okologie report 13/12/2016. Prior to any vegetation removal, vegetation to be removed must be clearly marked on site and accord with the endorsed plans and the approved vegetation management plan. An inspection is required to be undertaken by the Responsible Authority. Offset conditions as provided by DELWP (letter from Geoff Brooks, DELWP 12 January 2017) Vegetation Management Plan Prior to the commencement of any works, a Vegetation Management Plan must be submitted to and approved by the Responsible Authority. When approved the Vegetation Management Plan will form part of this permit. The plan must include: a) Maps/figures which delineate vegetation permitted for removal in accordance with the endorsed plans; b) Identify Bellarine Yellow Gum to be retained and removed. c) The protection of retained vegetation with highly visible fencing in accordance with AS Protection of Trees on Development Sites. Fencing must include no-go signs which clearly state - VEGETATION PROTECTION ZONE - No Access Permitted. An inspection is required once the Tree Protection Fencing has been erected. Please contact the Geelong Environment and Waste Services Unit to arrange an inspection time. d) The highly visible vegetation protection fence must be erected around twice the canopy distance of each retained tree and more than 2 metres from remnant patches of native vegetation. e) No vehicular or pedestrian access, trenching or soil excavation may occur within the vegetation protection fence or Tree Protection Zone without the written consent of the Responsible Authority. f) No storage or dumping of tools, equipment or waste may occur within the vegetation protection fence or Tree Protection Zone. g) Rehabilitation of any disturbed areas with indigenous plants of local provenance. h) The placement of fill must be designed to ensure that it does not compromise native vegetation to be protected.

21 Development Hearings Panel Page 21 The endorsed Vegetation Management Plan must be implemented to the satisfaction of the Responsible Authority. Any non-compliance identified by the Responsible Authority must be rectified immediately at no cost to Council. Arborist Required to Determine Loss/Offset On completion of works within the Tree Protection Zones of retained trees (Trees #14-22, Figure 3, Okologie Consulting, 13/12/2016) a report prepared by a Level 5 arborist must be submitted to the Responsible Authority detailing all works undertaken and whether the trees should be deemed lost and an offset required as per the Permitted clearing of native vegetation Biodiversity Assessment Guidelines (DEPI 2013). A tree is deemed lost if earthworks encroach on more than 10% of the Tree Protection Zone, lopping removes more than 1/3 of the crown, or the tree trunk is damaged. Within twenty-four (24) months of the date of this permit, a report by a suitably qualified and experienced arborist (Level 5) assessing the health of the impacted of retained trees (Trees #14-22, Figure 3, Okologie Consulting, 13/12/2016) must be submitted to and approved by the Responsible Authority. If any of the trees are considered lost/removed/destroyed the trees must be offset in accordance with the Permitted clearing of native vegetation Biodiversity Assessment Guidelines (DEPI 2013) to the satisfaction of the Responsible Authority. Protection of Biodiversity Prior to the felling any tree which may be removed, the tree must be examined by a suitably qualified zoologist for the presence of fauna in hollows or external nests. If native fauna species are located, they must be salvaged and relocated to the closest suitable vegetation. Prior to works commencing, a permit from the relevant agency must be submitted to the Responsible Authority for the removal of any threatened plant taxa, plant taxa belonging to a threatened community, or protected flora from public land protected under the Flora and Fauna Guarantee Act Grubb Road Corridor Landscape Plan Prior to works commencing a landscape plan must be submitted to and approved by the Responsible Authority. When approved, the plan will then form part of the permit. The landscape plan must be drawn to sale with dimensions and include the current road reserve of Grubb Road and any land set aside for the future widening of Grubb Road (the Grubb Road Corridor ). The plan must show:

22 Development Hearings Panel Page 22 a) All existing vegetation, including Bellarine Yellow-gums, to be retained post works. b) Planting of indigenous vegetation from an appropriate ecological vegetation class (EVC) across the entire Grubb Road corridor to provide an attractive sense of arrival to Ocean Grove (including land set aside for the future widening of Grubb Road). c) Re-establishment of a mature tree canopy across a minimum of 60% of the Grubb Road corridor; d) Include a mix of overstorey and understorey lifeforms. e) A planting schedule of all proposed trees, shrubs, and ground covers, including botanical names, common names, pot sizes, sizes at maturity and quantities. f) Details of site and soil preparation, mulching and maintenance. g) Appropriate irrigation system or watering regime. h) Persons responsible for the implementation of the plan and proposed timeframes for the establishment of vegetation within the Grubb Road corridor. Planting of approved species in accordance with the approved plans must be carried out within six (6) months of the date of this Permit landscape to the satisfaction of the Responsible Authority. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are replaced. Construction Environment Management Plan (can be merged with Engineering CEMP) Prior to works commencing a Construction Environmental Management Plan (CEMP) must be submitted to and approved by the Responsible Authority. This plan must incorporate, but is not limited to, the following information: a) Maps/figures clearly showing vegetation permitted for removal to construct the dwelling, outbuildings and access. b) Measures to be taken to ensure the protection of retained native vegetation and nearby biodiversity during construction. c) Control of site emissions during construction. d) Measures to be taken to ensure that no polluted water and/or sediment laden runoff is to be discharged directly or indirectly into stormwater drains or watercourses during the construction period. e) Be prepared in accordance with the EPA Guideline for Environmental Management, Doing it Right on Subdivisions, Publication 960, September 2004 and CCF Environmental Guidelines for Civil Construction, 2010.

23 Development Hearings Panel Page 23 f) All earthworks must be undertaken in a manner that will minimise soil erosion and adhere to Construction Techniques for Sediment Pollution Control, EPA g) Include the location of legal sites for the placement of fill/excess material all excess material is to be taken to legal disposal site with relevant approvals. The Responsible Authority must be notified if disposal sites change. h) The permit holder must advise all persons undertaking the (vegetation removal/works) on site of all relevant conditions of this permit. i) All contractors and subcontractors are to be inducted into the requirements of this Plan. All development and works must be carried out in accordance with the Construction Environmental Management Plan, to the satisfaction of the Responsible Authority. Officer Comment: These comments are generally reasonable and the conditions recommended by the Environment Department have been included. 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) Multiple A3 sign(s) were placed on the land 41 objections have been lodged with Council including a petition with 348 signatures. It is also understood that there is a change.org petition, however this was never formally lodged with Council. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The applicant made a request to amend the application following public notification pursuant to Section 57A of the Planning and Environment Act 1987 on 20 December Council has accepted the amendment. The amendment made the following changes to the application: Reduced the length of one of the slip lanes to retain 5 Bellarine Yellow Gums. These are the plans currently under assessment.

24 Development Hearings Panel Page 24 Given there were no changes to permit triggers and the amendments were relatively minor it was considered that no additional material detriment would be caused, and formal notice pursuant to Section 57B of the Planning and Environment Act 1987 was not necessary. Council did however believe it was appropriate to advise the objectors that amended plans and additional information had been submitted. Therefore notices were sent to the objectors advising that the new plan and additional information could be viewed on line or via hard copy at the Council offices. No objections were withdrawn as a result of the amendments. The key themes and/or issues raised in the objections are summarised below with a response. Objection The vegetation along the road side makes a significant contribution to the amenity, ambience and character of one of the main entrances into Ocean Grove. The view of a shopping centre and asphalt will completely change the tree lined character. Comment It noted that the majority of the Grubb Road is currently vegetated with canopy trees on both sides and thus certainly contributes to a green entry into town. See photos below.

25 Development Hearings Panel Page 25 However it is submitted that the roadside vegetation is only one element which contributes to the green feel along Grubb Road. It is also assisted by open farm land, and the Oakdene winery and Ocean Grove Nature Reserve to the west. Over time the vegetated nature of Grubb Road has been reduced. This has been largely due to new access points into the growth area on the eastern side but also mowing/slashing around the trees, roadside maintenance and extensive lopping under the overhead powerlines on the western side. Given much of the land on the eastern side has been rezoned for residential and commercial purposes, the entry into Ocean Grove via Grubb Road will continue to change and thus green feel will be eroded. Having said that; it is acknowledged and supported through local planning policies, that vegetation plays an important role for Ocean Grove and it is considered that the efforts should be made by the applicant to replace some of the lost vegetation. Conditions around landscaping have been recommended in attempt to provide an attractive frontage along this section of development. An indicative landscaping plan has been included as part of the approved development plan which shows plating along the frontage of the site. Whilst landscaping will be required with a heavy emphasis replacing indigenous species, the community needs to be mindful that it is landscaping and thus will be a more formalised nature. So whilst it is hoped to facilitate an attractive frontage it will be unable to replicate what currently exists. This is largely due to the extent of land we have available for planting, standards/requirements Vic Roads may have and I am also mindful, of avoiding a scenario whereby landscaping is undertaken and established only to be removed once the road is duplicated. It should also be noted that the all of the access points may not be constructed at the same time. This might be particularly so for the access point to the south of the Coastal Boulevard. If indeed this is the case, a condition (condition 3) has been recommended to ensure that only the vegetation where the access is to be constructed is removed. Objection The removal of the roadside vegetation will result in the Ocean Grove Nature Reserve becoming an island with no biolinks if more road side vegetation is allowed to be removed.

26 Development Hearings Panel Page 26 Comment Given the extent of development that will occur on the eastern side of Grubb Road, a strip of canopy trees will provide little refuge. It is considered that the western side which has a contiguous connection to the Nature Reserve and adjoins farmland provides far more refuge opportunities for fauna. The nature reserve also adjoins the woodlands estate to the south which are large allotments that contain an extensive amount of vegetation. Therefore the nature reserve will not become an island as a result of the proposed removal. Objection It will be detrimental to the users of the reserve that will have to look onto a bleak, uninviting urban car parks and the retention of roadside trees will help to soften this view. Comment There is probably no specific planning policy that relates to this concern, however the western side will remain relatively intact and provide a visual screen to development across the road. Conditions have been recommended to ensure some of the lost vegetation is replaced.

27 Development Hearings Panel Page 27 Objection The proposal undermines the Ocean Grove Structure Plan It s contrary to numerous statements that refer to preserving roadside vegetation. The removal should be deferred until after the recommended urban design/landscape study is undertaken. Comment It is correct that the structure plan seeks to preserve native vegetation and the infrastructure and environmental sections it is clear this is not only because of the environmental benefits but also the construction it makes to the character of the town and reinforcing its coastal setting. Whilst it is easy to choose one objective and mount an argument that the application fails to meet it (obviously the removal of native vegetation does not meet a policy objective to preserve it),not one objective or direction can be considered in isolation. There will always be multiple policies and objectives that are relevant to an application and often, as in this case, they can be contrary to one another (protect vegetation, yet provide for growth and development of an activity centre). In addition to the objectives which relate to the environment and vegetation, the structure plan also contains considerable reference and support for the development of northeast as a growth area. A plan is incorporated into the structure plan that show this area and multiple access points onto Grubb Road. Having weighed up all the objectives and directions it is considered that development of the activity centre has significant support, the access points are required to provide a safe and efficient functioning centre and where possible the loss of vegetation has been minimised. Therefore it is submitted that the proposed works are not contrary to the structure plan but rather generally in accordance with it. Many of the objections also refer to comments made in Council reports and a recent Planning Panels report for the Ocean Grove Structure Plan. The product which transpires as a result of all of these reports is the Structure Plan. It is this document, which can be given weight and helps guide decision making on planning applications. In reviewing the structure plan, and the ultimate objectives and recommendations there is no particular reference to an urban design or landscape study for Grubb Road and therefore any deferral of a decision on that basis is unwarranted.

28 Development Hearings Panel Page 28 In reading the said panel report, the comments from objectors refer to Section 4.2 which specifically address the Grubb Road duplication. The panel report concludes: An urban design or landscape study, involving consultation with all stakeholders, is required to determine an appropriate treatment for the entry of the town, integration with the new Grubb Road activity centre as well as the rural interfaces. This statement obviously refers to the entire length of Grubb Road and given it sits under the duplication section, it can be reasonably assumed that this work should be undertaken by Vic Roads as part of the duplication. The fact that it didn t end up as an ultimate recommendation by the Panel also suggests that it is not necessarily further work which should be undertaken by Council. Objection Grubb Road is planned for duplication there are funds allocated to VicRoads in this year s budget to plan for the duplication. In the plan the old trees of Grubb Road would be retained in the median strip of the road. Only a few trees would need to be removed. Comment The duplication of Grubb Road has been identified in Council Structure Plans since Over many years, the question on the timing of the duplication has continually been put to Vic Roads and the response has always been noncommittal. Most recently was a letter to the applicant dated, 1 December 2016 which they state: There is no timeframe for the widening of Grubb Road. Timeframes for the widening will depend on land uses changes, traffic demand and government priorities in the future. It is expected that the duplication of Grubb Road would result in the loss of vegetation. As no detailed design for duplication has been done, it is not known what the extent of vegetation removal would be. Whilst some funding may have been allocated for preliminary planning, the timing of construction remains unknown. In reading the 2016 panel report which the objections refer to, it s noted that VicRoads advised that construction is not expected until 2023 and Therefore given the unknown or potential medium term timing for construction, it is not reasonable to delay development which is permissible and in fact supported by the planning scheme. It is also important to note the following extracts from Schedule 22 of the Development Plan Overlay and the section 173 Agreement which state: Development Plan Overlay - Schedule Road Network and Traffic Management Plan having regard to any VicRoads requirements that includes:-

29 Development Hearings Panel Page 29 A Road hierarchy displaying trunk collector, collector and local access roads, including: o Provision for the future duplication of Grubb Road on the east side in accordance with requirements of VicRoads, including measures to ensure retention of the existing roadside vegetation where possible. o Interim intersection treatments on Grubb Road to provide access until Grubb Road is duplicated as proposed by VicRoads. o All proposed future access roads onto Grubb Road and Banks Road, the concepts for intersection treatments for all new connections to those roads all in accordance with the requirements of VicRoads and the provision of arrangements for cyclists and pedestrian paths along Grubb Road and Banks Roads. Extract of the Section 173 Agreement that relates to the intersection onto Grubb Road. The extracts above clearly anticipate and expect that interim intersections onto Grubb Road would be required until it is duplicated by VicRoads. Whilst there are objectives contained in the development plan overlay and the structure plan seeks the retention of vegetation as part of any duplication, it is often premised with the words, where possible. In VicRoads recent letter, they state that it was always expected that the duplication would result in the removal of native vegetation. The applicants have prepared the plan (see below) which shows a concept design of the duplicated road and the subsequent removal which may be required.

30 Development Hearings Panel Page 30 As you can see, even if the road was duplicated, the introduction of access lanes and slip lanes would still require an extensive amount of vegetation to be removed. As quite rightly put by the applicant, VicRoads standards, in particular standards associated with slip/turning lanes distances, have changed over recent years. Previously allowable intersection treatments are evident immediately south of the proposed intersection works. Limited or non-existent turning lanes or slip road requirements associated with intersections into the existing Ocean Grove Industrial Estate met previous standards, but such outcomes no longer meet VicRoads standards. Although more recent VicRoads standards improve safety, these standards significantly impact the ability to retain vegetation in a median strip scenario as part of the interim or ultimate widening of Grubb Road. Objection Additional access points beyond the original one planned for at the intersection Coastal Boulevard is contrary to the avoid principles. Comment The plan attached as part of Development Plan Overlay Schedule 22 is an extract from the Structure Plan does show 2 access points onto Grubb Road. However these would have been located to ensure good vehicle movements and connectivity to and from the residential areas. There had been little to no planning done for the commercial area.

31 Development Hearings Panel Page 31 Coastal Boulevard is a major connector road that will not only service the activity centre but also a significant portion of the residential estate. Given its multi purpose role (residential and commercial) it not unrealistic to expect that additional access points be provided in order to better disperse cars and trucks. In planning for the activity centre multiple access points were considered and subsequently approved (albeit subject to obtaining approvals for vegetation removal) as part of the development plan.

32 Development Hearings Panel Page 32 The applicant has provided the role and function of each access point as follows: Access 4 is a proposed service vehicle egress point only, to service the bulky goods retail use and development scenarios within the defined commercial area. Access 3 provides the necessary relief and separation of trucks movements so as to avoid Coastal Boulevard; ensuring that Coastal Boulevard serves retail and residential through-flows of traffic, and minimise heavy truck movements through this Boulevard environment. Access 2 is a secondary access and egress point to serve the anchor tenancies of the Retail Precinct, and again provides relief from the complementary retail and residential through-flow associated with Coastal Boulevard. From a traffic management perspective, the number and location of access points has the support of Vic Roads and Council s Traffic Department. Again in relation to comments contained in the letter from Vic Roads dated, 1 December 2016: These access arrangements were developed in consultation with Vic Roads and are acceptable to Vic Roads. These access arrangements include new traffic signals, turning lanes and bicycle land on Grubb Road. The works are required to provide safe access to Grubb Road from the Neighbourhood Activity Centre Precinct. Assessment Vegetation Protection Overlay Schedule 1 Decision Guideline The vegetation protection objectives of this schedule: o To protect areas of significant indigenous vegetation. o To maintain habitat corridors for indigenous flora and fauna. o To ensure that all development and works minimise the loss of indigenous vegetation. Response As previously detailed in the report, it is considered that the application and proposed works as sought to, where possible, minimise the loss of vegetation. Multi access points have to be provided to service the activity centre and they also have to be constructed to a certain standard. The applicant has demonstrated that they have sought advice and negotiated with VicRoads over the design of the slips lanes which has results in the retention of 5 Bellarine Yellow Gums. Its acknowledged that the removal will disrupt the continuous length of vegetation and therefore the habitat corridor, however it is on the eastern side and the western side is remaining relatively untouched (with the exception of a bus stop) which is particularly important given its direct abuttal to the nature reserve.

33 Development Hearings Panel Page 33 The value of the flora to be removed in terms of its habitat, landscape and environmental values, age, physical condition, rarity or variety. Having regard to the type and mix of vegetation found along the roadside, the site can be typically described as a Grassy Woodland which support Bellarine Yellow gums which are listed as endangered under the Flora and Fauna Guarantee Act. In ecological terms, the report prepared by Okologie considers the native vegetation to be of low to moderate value. Its ecological values have been reduced over time due to ongoing roadside maintenance and weed invasion. The fact that a Vegetation Protection Overlay applies to the road clearly indicates the vegetation is of value. It has been strongly put by the objections that the vegetation not only holds habitat values but also contributes significant landscape values in terms of providing a character statement and green entry into the township of Ocean Grove. The likely effect of removal or lopping of vegetation on resident or migratory fauna. The need to retain trees, both live and dead, with hollows for habitat value. The need to retain the connectivity in a local or regional context of linear remnants. This is accepted and it is considered reasonable that the applicant seek to reintroduce a green landscaping theme back into Grubb Road, post construction of these access points. Conditions have been recommended to facilitate this. As detailed in the Okologie report, the removal of native vegetation is expected to have minimal impact on residents or migratory fauna species, particularly as regular pruning for power-line maintenance has already impacted the tree canopy. The Ocean Grove Nature Reserve provides extensive habitat for resident or migratory fauna species. The report prepared by Okologie, states that no trees with hollows were observed within the assessment area. This is an impossible objective to meet given the strategic outcome and current planning provisions, which direct the development of an activity centre on the eastern side of Grubb Road. The western side however will remain relatively untouched which is important given its direct abuttal to the Ocean Grove Nature Reserve.

34 Development Hearings Panel Page 34 The purpose of removing or lopping the native vegetation and whether there are alternative options on less significant road reserves. Appropriate measures to prevent invasion after the development or works by environmental weeds. The future use of the land and whether it is appropriate to include conditions requiring planting, replanting or other treatment of the land. As already discussed, there is significant planning support and policies which direct Ocean Grove as a growth area and seek to allow the development of a commercial and industrial precinct. As part of that is has always been envisaged that access will need to be provided into this area. Given its designated as a Road Zone Category 1, those access points also need to be constructed to certain standard. It is considered that the application has adequately justified the need for removal and where possible has sought to minimise the loss. A construction/environmental management plan has been recommended as part of the conditions. It is considered appropriate that once the vegetation has been removed and the access points have been constructed, the developer should undertake landscaping works in an attempt to reintroduce a green entrance the town. This however will require consultation with VicRoads as they may have standards around plantings within what will be their road reserve. The community also needs to be appreciate that some of these plantings may be temporary and whilst every effort will be may to ensure the landscaping can fit in with a duplicated scenario, it might not be realistic in every instance and some landscaping may be lost again. Clause Native Vegetation Biodiversity Considerations For all applications The contribution that native vegetation to be removed makes to Victoria s biodiversity. This is determined by: o The extent and condition of the native vegetation. o The biodiversity value of the native vegetation, including whether the native vegetation is important habitat for rare or threatened species. Whether the removal of native vegetation is defined as being in the low, moderate or high risk-based pathway, as defined in the Permitted clearing of native vegetation Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013) and apply the decision guidelines accordingly.

35 Development Hearings Panel Page 35 For an application considered under the moderate risk-based pathway Whether reasonable steps have been taken to minimise the impacts of the removal of native vegetation on biodiversity. That an offset that meets the offset requirements for the native vegetation that is to be removed as defined in the Permitted clearing of native vegetation Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013) has been identified. Other matters The responsible authority must also consider the following issues, as appropriate: Managing native vegetation to preserve identified landscape values. Response As detailed in the Permitted clearing of native vegetation Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013), the key strategies for ensuring the objective for permitted clearing of native vegetation is achieved at the permit level are: Avoid o avoiding the removal of native vegetation that makes a significant contribution to Victoria s biodiversity. o minimising impacts on Victoria s biodiversity from the removal of native vegetation. o where native vegetation is permitted to be removed, ensuring it is offset in a manner that makes a contribution to Victoria s biodiversity that is equivalent to the contribution made by the native vegetation to be removed. As detailed earlier, there is no avoiding the removal of vegetation. Extensive strategic planning has been undertaken which seeks to facilitate the development of an activity centre along Grubb Road. Again as noted earlier, it is also not reasonable to delay the development until Grubb Road is duplicated. Therefore as per the DPO22 and the section 173 Agreement, a signalised intersection has to be provided at Coastal Boulevard. The additional access points are also justified and have the support of Vic Roads and Council s Traffic Department. Minimise Given the number and location of the proposed access points have support, it is considered that the applicant, where possible, has minimised native vegetation removal. The applicant has had extensive discussions and negotiations with VicRoads to determine if the design could be altered at all with a purpose of retaining more vegetation. It was agreed that the slip lane length associated with access 2 could be reduced in length by 70m. This relatively minor amendment has resulted in the retention of an additional 5 Bellarine Yellow Gums. The applicant also explored other avenues, such as reducing the speed limit from 80km hr to 60km hr which could in turn allow for shorter slip lanes. This was rejected by Vic Roads and in their letter they state:

36 Development Hearings Panel Page 36 The report by Okoligie has been prepared in accordance with the requirements of Clause and the Permitted clearing of native vegetation Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013). The report has been referred to DELWP and reviewed by Council s Environment Department. Whilst further information had to be provided, both departments are now satisfied that the application meets the requirements and does not object subject to conditions. These conditions are included as part of the recommendation. Offset To the satisfaction of DELWP and Council s Environment Unit, the offsets have been appropriately calculated and it has been identified that the credits can be sourced. Conditions have been recommended to appropriately secure the offsets. Clause Land Adjacent to a Road Zone, Category 1 The purpose of Clause (Land Adjacent to a Road Zone, Category 1 or a Public Acquisition for a Category 1 Road) of the Particular Provisions is to: Ensure appropriate access to identified roads. Ensure appropriate subdivision of land adjacent to identified roads. Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The views of the relevant road authority. The effect of the proposal on the operation of the road and on public safety. Any policy made by the relevant road authority pursuant to Schedule 2, Clause 3 of the Road Management Act 2004 regarding access between a controlled access road and adjacent land. Response The application has the support from VicRoads and they have advised the access points are to be constructed to certain safety and design standards. 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.

37 Development Hearings Panel Page 37 Conclusion The application has been assessed against the relevant requirements of the planning scheme. The development of the activity centre has significant support via the planning scheme and it is considered that the number and location of access points is appropriate. The loss of vegetation, however is unfortunately unavoidable and thus it is acknowledged that there will be a considerable change to the streetscape character of Grubb Road. The loss above has been deemed to meet the requirements of Clause (Native Vegetation), it is supported by VicRoads, and DWELP and Council s Environment Department have no objection from a biodiversity perspective. Through staging the works and landscaping conditions, it is hoped that an attractive frontage can still be provided, albeit different from the appearance of existing remnant vegetation. It is recommended that the application be supported with conditions. Report prepared by Bree Lord

38 Development Hearings Panel Page 38 Application No: Applicant: Subject Land: Owner: Zone: PP M Vukadinovic 1450 Ballan Road, ANAKIE Jalna Nominees Pty Ltd Farming Zone Overlays: Environmental Significance Overlay 4 Listed Buildings: Existing Use: Proposed Use: None Agriculture (Cropping) Use and Development of a Class B Broiler Farm and Associated Buildings and Works, Removal of Vegetation (including Native), a Two Lot Subdivision (Boundary Realignment) and Creation of Access to a Road Zone Category 1 Subject Sites 1450 BALLAN ROAD, ANAKIE

39 Development Hearings Panel Page 39 Summary The site forms part of land known as 1450 Ballan Road, Anakie and comprises Crown Allotments CA128 and CA129. The site is irregular in shape, has frontage to Ballan Road of 890 metres (m), depths of between 840m and 1,200m, and a total area of 82 hectares (all approximate). The land is currently used for cropping and is void of buildings and significant vegetation. An unsealed accessway provides access from Ballan Road. It is proposed to develop and use the land for the purpose of a Class B broiler farm, with maximum capacity of 400,000 chickens. A permit is also required for vegetation removal, a boundary realignment and the creation of access to a Category 1 road. The site is zoned Farming and is covered by the Environmental Significance Overlay 4. Ballan Road is a Category 1 road. Surrounding land is generally used for agricultural purposes. Two existing broiler farms are located over 2.5km east of the site. A third broiler farm approximately 1.5km southeast of the proposed broiler farm was approved by Council in June 2015 but is yet to be constructed. The proposed broiler farm will share access from Ballan Road with this third broiler farm. The shortest distance between the proposed broiler sheds and the nearest dwelling on another property is approximately 800m. The application was advertised and 19 objections were received, predominantly relating to animal welfare. Other issues raised included loss of amenity, unsuitability of access, environmental concerns, and the social and psychological impacts on employees of slaughterhouses. The application has been assessed against the relevant provisions of the Greater Geelong Planning Scheme, including State and local planning policies, the Farming Zone, the Environmental Significance Overlay, Clause (Native vegetation), Clause (Land Adjacent to a Road Zone, Category 1) and Clause (Broiler Farm). The application has also been assessed against the Victorian Code for Broiler Farms 2009, an incorporated document of the Planning Scheme. The proposal is considered an appropriate response to the site, surrounds and policy. It is recommended that the application be supported subject to the conditions contained within this report. Recommendation That the Responsible Authority, having considered all matters which the Planning and Environment Act 1987 requires it to consider, decides to: Issue a Notice of Decision to Grant a Planning Permit for the Use and Development of a Class B Broiler Farm and Associated Buildings and Works, Removal of Vegetation (including Native), a Two Lot Subdivision (Boundary Realignment) and Creation of Access to a Road Zone Category 1 at 1450 Ballan Road, ANAKIE in accordance with the plans submitted on 8 November 2016 and subject to the following conditions:

40 Development Hearings Panel Page 40 Amended Plans 1. Prior to commencement of the development hereby permitted, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans dated 8 November 2016 but modified to show: a) Details of the proposed vehicle crossing, supported by swept-path diagrams for the largest vehicle expected to visit the site and constructed to appropriate specifications; b) Provision of a disabled car space linemarked and signed to appropriate Australian Standards; c) Provision of a delineated (linemarked or signed) and lit pedestrian zone between the broiler sheds, the amenity buildings and the car park, to provide a clear area for pedestrians to walk. d) The type, specifications and location of all external flood and security lighting to be used including the provision for light baffling to ensure all light is contained within the property boundary. e) Notation that vehicle access to the site will be appropriately lit and signed so that contractors visiting the site at night can appropriately identify the entry point. f) Sewerage treatment and disposal. All buildings and works as shown on the endorsed plans must be completed prior to the occupation of the building works, unless otherwise approved in writing by the Responsible Authority. Environmental Management Plan 2. Unless otherwise approved in writing by the Responsible Authority, prior to the commencement of the use hereby permitted, an amended Environmental Management Plan (EMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the EMP will be endorsed and will then form part of the permit. The EMP must be generally in accordance with the EMP dated December 2013 but must also contain: a) Details of the location of freezers containing dead birds and the collection point (for the dead bird collection vehicle); b) Details of chemical storage locations, including the incorporation of impermeable concrete bases and appropriate bunding into the design of storage buildings; all to the satisfaction of the Responsible Authority. The use must operate in accordance with the endorsed Environmental Management Plan.

41 Development Hearings Panel Page 41 Site Stormwater Management Plan 3. Unless otherwise approved in writing by the Responsible Authority, prior to commencement of the development hereby permitted, a Site Stormwater Management Plan (SSMP) prepared by a suitably experienced Civil Consulting Engineer must be submitted to and approved by the Responsible Authority. The SSMP must demonstrate, for stormwater events up to and including the 1 in 10 year ARI event: a) That stormwater runoff is retarded or contained to pre-development levels; b) That no contaminated stormwater will be discharged from the site; c) Erosion protection devices, if required; all to the satisfaction of the Responsible Authority. Construction Management Plan 4. Unless otherwise approved in writing by the Responsible Authority, prior to commencement of any works, a detailed Construction Management Plan (CMP) must be submitted to and approved by the Responsible Authority. This plan must incorporate, but is not limited to, the following information: a) A staging plan for all construction phases including indicative dates for commencement and completion; b) Intended access for construction vehicles; c) Details of where construction personnel will park; d) Hours/days of construction (NOTE: these must be consistent with EPA legislation and guidelines); e) Phone numbers of on-site personnel or other supervisory staff to be contactable in the event of issues arising on site; f) Details of site cleanliness and clean up regimes; g) Material storage; h) Dust suppression; i) Sediment and erosion measures; j) Plan to accord with the EPA Publication No. 480 Best Practice Environmental Guidelines for Major Construction Sites ; When approved the CMP will form part of this permit. All development and works must be carried out in accordance with the CMP, to the satisfaction of the Responsible Authority. (Note: where a conflict arises with the construction management plan and any legislation, the relevant legislation will take precedence). Waste Management Plan 5. Unless otherwise approved in writing by the Responsible Authority, prior to commencement of any works hereby permitted, a Waste Management Plan must be submitted to and approved by the Responsible Authority. This plan must incorporate, but is not limited to, the following information: a) Details of the volume and destination of waste (including dead birds) from the site; b) How waste will be managed; all to the satisfaction of the Responsible Authority. The use must operate in accordance with the endorsed Waste Management Plan.

42 Development Hearings Panel Page 42 Landscaping 6. Unless otherwise approved in writing by the Responsible Authority, prior to commencement of any works hereby permitted, a landscape plan prepared by a suitably qualified or experienced person to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan must show: a) Dense vegetation and planting around the sheds, accessways, structures and handling areas; b) A mix of trees and large shrubs to ensure effective upper level and lower level screening of the farm, with species identified; c) Species that are predominantly indigenous to the area; d) Plantings and vegetation set back at least 20 metres from the perimeter of the broiler sheds; e) The use of grass within unpaved areas around the sheds; f) Anticipated tree or shrub height and width at maturity; g) Details of surface finishes of pathways and driveways; h) Arrangements for maintenance of the landscaped areas; all to the satisfaction of the Responsible Authority. When approved, the plan will be endorsed and form part of the permit. 7. Unless otherwise approved in writing by the Responsible Authority, prior to commencement of any works hereby permitted, the permit holder must lodge a landscape performance bond with the Responsible Authority. The bond can be either a monetary contribution or an irrevocable bank guarantee in favour of the Responsible Authority. The bond is to be based on the endorsed Landscape Plan with additional details to be provided to the satisfaction of the Responsible Authority incorporating: a) An estimate of the quantity and type of materials, watering equipment, plants and other relevant outputs required; and b) A quotation from a reputable nursery supplier for the implementation of the endorsed Landscape Plan identifying the cost for materials, plants and labour. The quotation is to be independently verified to the Responsible Authority s satisfaction at the expense of the permit holder. The bond is to comprise the verified quotation plus a 25% margin for unforeseen costs. When the landscape works are complete to the satisfaction of the Responsible Authority, 85% of the bond will be released. The balance is to be retained as a maintenance bond for a period of three (3) years following the date of release of the 85%. At the end of the 3 year maintenance period, the Responsible Authority will inspect the landscaping and release the maintenance bond if the landscaping has been maintained to the satisfaction of the Responsible Authority. If the landscaping has not been maintained to the Responsible Authority s satisfaction at the end of the 3 year maintenance period, the maintenance bond will be used by the Responsible Authority to restore landscaping to the required standards. Endorsed Plans 8. The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

43 Development Hearings Panel Page 43 Use and Development Must Accord with Broiler Code 9. The use and development approved by this permit must at all times be conducted in accordance with requirements of the Victorian Code for Broiler Farms 2009 (as amended), to the satisfaction of the Responsible Authority. Prior to Commencement of Use 10. Unless otherwise approved in writing by the Responsible Authority, prior to commencement of the use hereby permitted, the permit holder must: a) Construct the site stormwater drainage system in accordance with the approved Site Stormwater Management Plan; b) Construct a vehicular crossing via a relevant Road Authority Permit. The crossing is to be sealed unless otherwise approved by the Responsible Authority. The crossover is to be constructed to the satisfaction of the crossing inspector. It is recommended that the applicant arrange to meet the crossing inspector prior to the works commencing to establish the type of crossing required; c) Construct all accessways and parking areas with an all-weather, impermeable surface; d) Complete landscaping in accordance with the endorsed Landscape Plan; all to the satisfaction of the Responsible Authority. Stormwater Discharge 11. All stormwater runoff shall be discharged onsite, or other nominated point approved by the Responsible Authority, to the satisfaction of the Responsible Authority. Hardstand Areas 12. The surface of the car parking and loading areas and access lanes must be constructed and maintained to the satisfaction of the Responsible Authority to prevent dust and drainage run-off. Removal of Waste 13. All waste material, including manure, bird litter and deceased birds, must be regularly removed from the site and disposed of to the satisfaction of the Responsible Authority. 14. The removal of bird litter from the sheds by use of machinery must occur between the hours of 7.00 am and 8.00 pm only and no removal may be undertaken on Sundays and Public Holidays including Christmas Day and Good Friday. 15. Any wash down water, waste water or water which has been in contact with manure or putrescible matter must not directly or indirectly enter any watercourse. Such water must be directed into the proposed on-site storage dams and reused.

44 Development Hearings Panel Page 44 Noise and Odour Emissions 16. The permit holder must use its best endeavours to avoid sanitising sheds with odorous chemicals which give rise to offensive odours being detectible off site. Airborne sprays or chemical odours must not be transmitted beyond the site to the detriment of any person to the satisfaction of the Responsible Authority. 17. The broiler farm must be designed and operated to ensure that noise emissions from the premises meet the requirements of the Noise from Industry in Regional Victoria guidelines (EPA Publication 1411 dated Oct 2011 or as may be amended from time to time). 18. All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a level satisfactory to the Responsible Authority. 19. Unless otherwise approved in writing by the Responsible Authority, stockpiling must not take place on the property. Deliveries / Loading and Unloading 20. Other than the loading and placement of live birds, no deliveries to or removals from the site must take place after 8.00 pm or before 7.00 am on any day without the prior written approval of the Responsible Authority. 21. The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be carried on entirely within the site. 22. All vehicles used in the delivery, pick-up and transportation of live birds must be fitted with high performance sound-reducing mufflers to the satisfaction of the Responsible Authority and the permit holder must use its best endeavours to ensure that such activities do not cause any unreasonable noise impact on the amenity of the surrounding area. Dam Construction / Water Capacity 23. Any dam must be constructed by a suitably qualified and experienced contractor in accordance with Southern Rural Water s guidelines for dam construction and maintained to the satisfaction of the Responsible Authority. 24. Any dam must be constructed with the capacity to retain run-off from a onein-ten-year storm. 25. The combined design capacity of the proposed water tank(s) and dam must provide at least one day s total water requirement for the broiler farm in case of a breakdown or loss of normal water supply. General 26. Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land or road reserve. 27. All goods and materials must be stored out of view or so as not to be unsightly when viewed from nearby roads to the satisfaction of the Responsible Authority.

45 Development Hearings Panel Page All walls of the poultry sheds and other buildings hereby permitted which will be visible from beyond the site must be coloured or painted in nonreflective muted tones to the satisfaction of the Responsible Authority. 29. All external walls on or facing property boundaries must be cleaned and finished to the satisfaction of the Responsible Authority. 30. The amenity of the area must not be detrimentally affected by the use or development through the: a) Transport of materials, goods or commodities to or from the land; b) Appearance of any building, works or materials; c) Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; d) Presence of vermin; to the satisfaction of the Responsible Authority. CCMA CONDITIONS 31. A minimum 30 metre buffer from the top of the bank of the newly diverted waterway to the location of the sheds, temporary litter stockpiles, compost piles and litter spreading areas is required. No buildings, roads or litter storage or litter re-spreading areas are to be located within this buffer zone. 32. A buffer zone of 20 metres either side of this waterway must be revegetated with a suitable mix of species from the most relevant Ecological Vegetation Class. EPA CONDITIONS 33. A secondary containment system must be provided for liquids which if spilt are likely to cause pollution or pose an environmental hazard, in accordance with EPA Publication 347 Bunding Guidelines 1992 (or as amended). 34. All vehicles removing waste must have fully secured and contained loads so that no waste is spilled. VICROADS CONDITIONS 35. Before the use of this permit commences, the following roadworks must be completed at no cost to, and to the satisfaction of VicRoads: a) A right and left turning lane. b) The access shall be constructed generally in accordance with the attached drawing Truck Access to Rural Properties Type B (VicRoads Standard Drawing SD 206B).

46 Development Hearings Panel Page Prior to commencing any works within the Ballan Road, the developer must enter into a formal agreement with VicRoads regarding the following issues: a) The preparation of a specification of construction work methods, and quality assurance principles and practices. b) The preparation of detailed construction design plans. c) Agreement that any consultants and or contractors engaged in the design and construction processes are suitably prequalified by VicRoads. d) Agreement to meet all costs incurred by VicRoads when undertaking assessments and approving all associated plans, including the surveillance and auditing of all works during and after construction. e) Ensuring that all work site practices are in accordance with the Road Management Act 2004, Worksite Safety Traffic Management, Code of Practice. f) Agreement to terms associated with a defect liability period for all works and the lodgement of a security deposit. Expiry 37. This permit will expire if one of the following circumstances applies: a) The development of the building(s) hereby permitted has not commenced within two (2) years of the date of this permit. b) The development of the building(s) hereby permitted is not completed within four (4) years of the date of this permit. c) The use hereby permitted has not commenced 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 within six (6) months afterwards. Notes: 1. Construction of the site drainage system, any road works and the access is to be inspected by the Road Authority Representative at various stages. An appropriate fee equivalent to 3.25% of total cost of civil works (a minimum fee of $100 applies if the 3.25% amount is less than $100) excluding GST, is to be paid to Council for design, checking and supervision. 2. All internal property drainage must be designed and constructed to satisfy AS/NZS Report The Site & Locality The site forms part of land known as 1450 Ballan Road, Anakie and comprises Crown Allotments CA128 and CA129. The site is irregular in shape, has frontage to Ballan Road of 890 metres (m), depths of between 840m and 1,200m, and a total area of 82 hectares (all approximate). The site is located approximately 26km northwest of the Geelong city centre. Access to the land is from a farm access along Ballan Road.

47 Development Hearings Panel Page 47 The site is gently undulating, sloping down towards a watercourse that traverses the land from west to east. The land is currently used for cropping and is void of buildings and significant vegetation. Surrounding land is generally used for agricultural purposes. Two existing broiler farms are located over 2.5km east of the site. A third broiler farm approximately 1.5km southeast of the proposed broiler farm was approved by Council in June 2015 but is yet to be constructed. The proposed broiler farm will share access from Ballan Road with this third broiler farm. The shortest distance between the proposed broiler sheds and the nearest dwelling on another property is approximately 800m. Figure 1: Subject land (Crown Allotments CA128 and C A129 highlighted blue) in the context of two existing broiler farms to the east. Relevant Planning History Planning Permit Ballan Road, Anakie Issued 3 June 2015 Use and development of a class B (400,000 bird) broiler farm, associated buildings and works, removal of vegetation and creation of access to a category 1 road.

48 Development Hearings Panel Page 48 Planning Permit Carrs Road, Anakie Issued 6 November 2012 Use and development of a class B (400,000 bird) broiler farm, associated buildings and works, caretaker s house and removal of vegetation Planning Permit Carrs Road, Anakie Issued 6 November 2012 Use and development of a class B (200,000 bird) broiler farm, associated buildings and works, caretaker s house and removal of vegetation Proposal It is proposed to develop and use part of the land as a broiler farm with a capacity of 400,000 birds. It is proposed that the birds will be raised and kept in 8 sheds. The development would comprise: Eight broiler sheds; Three feed silos between each pair of sheds. Silo dimensions are approximately 8.5m high and 3.6m in diameter; An open table drain between each shed and around the perimeter of the development area; Maintenance shed of approximately 120sqm; Amenities building of approximately 30sqm; Generator shed of approximately 60sqm; Water storage tanks; Pump house and gas tanks; Retention dam; Five car spaces; A 10m wide landscape buffer around the perimeter of the development area; A 4.0m wide accessway from Ballan Road. Shed details Each shed would measure 164m by 17.5m, with a wall height of 2.7m and a pitched roof with a height of 4.6m at the ridgeline. The sheds would be constructed in parallel and be 8m apart. The applicant has advised that the shed construction would include concrete walls (sunk below ground level to prevent vermin infestation) with an above ground height of 0.5m, 50mm thick Cool Panel for the remaining wall height and zincalume roofs. The floor of each shed would comprise a compacted clay pad, constructed to prevent the entry of stormwater runoff.

49 Development Hearings Panel Page 49 A combination of exhaust fans and side wall fans and vents are proposed to provide ventilation and temperature control. Air drawn through the length of the sheds is expelled by 14 exhaust fans. The number of fans in operation at any one time depends on the rate of air exchange required. Alternatively when a minimum amount of ventilation is required to ensure an adequate air exchange rate and to maintain acceptable temperature fresh air is usually drawn in via a series of adjustable "minimum vents" which are located along the top of the sidewalls of the sheds. Ventilation and subsequent temperature and environment control will be automated via the use of a computerised control facility monitored housed in control rooms built adjoining each shed. The sheds are in effect sealed to ensure optimum performance of the ventilation system. Operational details The applicant s submission provided the following description of the production cycle of the farm: It is proposed that the production cycle for the broiler operation will involve a growing period of approximately 7.0 weeks for each batch of birds. Between batches there will be a period of approximately 10 days in which the sheds are cleaned, sanitised and preparations are made for the next batch. It is anticipated that there will be approximately 6.0 batches raised each year. It is proposed that each shed will accommodate up to 50,000 birds. Feed for the birds will be kept in silos which are to be erected as shown in the plans accompanying the application. Feed will be delivered as required by enclosed bulk delivery trucks and will be discharged by an enclosed system from the trucks into the silos. Feed will be distributed to the sheds by auger through enclosed ducting to automated feeding systems within each shed. Drinking water to the sheds is to be provided from the proposed storage tank with a capacity for 750,000 litres. Water will be filtered and chlorinated and then fed into an automatic drinking system within the sheds. This system will be fitted with dripless drinking nozzles and fitted with cups to provide added protection against moisture affecting the litter. The drinkers are fitted with automatic cut-off devices to ensure the birds only receive one droplet of water every time they peck at the button. This ensures that wetting of the litter is minimised. Meters are used to gauge consumption and will alert farm management if consumption is outside of the predetermined levels. Floors within the sheds are to be constructed of concrete. Prior to the introduction of a new batch of birds the whole of the floor area of the sheds is to be covered in a layer of litter (Wood shavings, saw dust or rice hulls). At the end of each batch the litter is removed and replaced with a new layer. The operation of the broiler farm will require compliance with an Environmental Management Plan approved by Council. This plan will address matters including odour management, noise, traffic management, landscaping, waste management, chemical handling and fire prevention. Machinery shed, amenities building and other structures A 120sqm maintenance shed and a 28.8sqm amenities building are proposed near the sheds, with the purpose of storing maintenance equipment/machinery and providing kitchen and toilet facilities for employees.

50 Development Hearings Panel Page 50 Landscaping Indigenous vegetation planting is proposed around the perimeter of the shed areas, to minimise visual impact of the sheds. Access Access is proposed via a 4m wide accessway from Ballan Road. The accessway would be shared with the broiler farm approved by Planning Permit A permit is required to create access to a Ballan Road as it is a road in a Road Zone Category 1. Traffic generation The applicant estimates that (based on 5.7 batches of birds per year) the farm would generate approximate vehicle visits as follows: Chicken delivery at commencement of batch Gas delivery per batch Litter delivery per batch Feed delivery per batch Bird removal per batch Total per batch 3 trucks 4 trucks 5 trucks 50 trucks 80 trucks 142 trucks Removal of vegetation The vegetated areas of the site consists of predominantly exotic species. The majority of the study area appears to have been de-rocked, cropped and grazed. Small, scattered areas of relatively degraded native vegetation are present. Of these, three areas of native vegetation are proposed to be impacted upon. These areas are described below: Ballan Road roadside reserve 1m wide strip of Wallaby-grass and Spear-grass. This vegetation occurs at less than 25% cover value and is assessed to be degraded treeless vegetation. Plantation adjacent to Ballan Road Hedge Wattle, Nodding Saltbush and Spear-grass occurs as the understorey to the existing Sugar Gum plantation. This vegetation occurs at less than 25% cover value and is assessed to be degraded treeless vegetation. Drainage Line Scattered specimens of Hedge Wattle occurs along an artificially formed drainage channel that is otherwise comprised of exotic vegetation. This vegetation occurs at less than 25% cover value and is assessed to be degraded treeless vegetation. As the native vegetation does not form a scattered tree or remnant patch, the application does not require any offsets. Boundary realignment A realignment of the boundary between the two Crown Allotments that comprise the subject land is proposed. At the western end of the site, the common boundary will be relocated approximately 100m to the south. At the eastern end, it will be relocated approximately 170m to the north. The realignment will result in the sheds and associated buildings and dam being located on a single allotment.

51 Development Hearings Panel Page 51 Waterway diversion Works to divert a waterway are proposed to accommodate the development. The water way would be relocated south of its current location. Works on Waterway approval for the diversion has been completed (CCMA reference number W ). Greater Geelong Planning Scheme Definition and Nesting A Broiler Farm is defined in the Planning Scheme as: Land used to keep broiler chickens which are housed permanently in sheds and reared for meat production. A Broiler Farm is a subgroup of Intensive Animal Husbandry, which in turn is a subgroup of Animal Husbandry, which is nested under the Agriculture group at Clause Zone The subject site and surrounding properties are located within the Farming Zone (FZ). The purpose of the FZ is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for 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. Overlay The subject site and surrounding properties are located within the Environmental Significance Overlay Schedule 4 (ESO4). The purpose of the ESO is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas where the development of land may be affected by environmental constraints. To ensure that development is compatible with identified environmental values. The environmental objective of Schedule 4 (Grasslands within the Werribee Plains Hinterland) of the ESO is: To prevent a decline in the extent and quality of native vegetation and native fauna habitat of the Victorian Volcanic Plain. To enhance the environmental and landscape values of the area. To avoid the fragmentation of contiguous areas of native vegetation or native fauna habitat. To ensure that any use, development or management of the land is compatible with the long-term conservation, maintenance and enhancement of the grasslands.

52 Development Hearings Panel Page 52 To avoid the destruction of habitat for native fauna resulting from the modification of land form and disturbance of surface soils and rocks. To enable areas of environmental significance, due to their native vegetation or habitat values, to be identified. Permit required clause and condition Clause Farming Zone Use of the land for the purpose of a broiler farm; buildings and works associated with a Section 2 use (broiler farm); subdivision (boundary realignment). Clause Environmental Significance Overlay Buildings and works; remove, destroy or lop vegetation. Clause Native Vegetation Remove, destroy or lop vegetation. Clause Land adjacent to a Road Zone, Category 1 Create access to a road in a Road Zone, Category 1. Restrictive Covenant N/A. 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 any part of the land as an area of cultural heritage sensitivity. Therefore a Cultural Heritage Management Plan is not required and one was not provided with the application. 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 unlikely to be affected by the potential coastal impacts of climate change at 2100.

53 Development Hearings Panel Page 53 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. 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 There is no car parking rate specified in the Planning Scheme. Bicycle Spaces There is no bicycle parking rate specified in the Planning Scheme. State Planning Policy Framework The following State Planning Policies are relevant to this application: 11 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.

54 Development Hearings Panel Page 54 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 Biodiversity Relevant objectives of Clause include: 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. To ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria s biodiversity Noise and air Relevant objectives of Clause are: To assist the control of noise effects on sensitive land uses. To assist the protection and improvement of air quality Agriculture Relevant objectives of Clause are: To protect productive farmland which of strategic significance in the local or regional context. To encourage sustainable agricultural land use Water Relevant objectives of Clause are: To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment. To protect water quality. To ensure that water resources are managed in a sustainable way.

55 Development Hearings Panel Page 55 Local Planning Policy Framework Municipal Strategic Statement The following policies of the Municipal Strategic Statement are applicable to this application: Waterways The objectives of Clause are: To protect, maintain and enhance waterways, rivers, wetlands and groundwater. To protect connectivity between waterways and wetlands. To reduce the amount of runoff from urban development and improve the quality of stormwater runoff entering waterways, estuarine and marine waters Biodiversity The objective of Clause is: To protect, maintain and enhance the biodiversity of the municipality Economic growth sectors The objective of Clause is: To facilitate development in the City s strategic economic growth sectors Rural areas The objectives of Clause are: To support the use of the northern, western and southern rural areas for productive agriculture. To ensure that rural areas provide an attractive setting through the preservation of the rural landscape character. To protect and enhance the Bellarine Peninsula as a productive rural area with highly significant landscapes based on farming and environmental features Anakie The objectives of Clause are: To provide for new urban development which respects the rural character of Anakie and does not impact upon surrounding natural environments or agricultural land. To ensure that commercial services and facilities are conveniently located. To consolidate the location of community and recreation facilities. To minimise the risks and impact of wildfire. To increase tourism visitation to Anakie. Local Planning Policies The following local planning policies are applicable to this application:

56 Development Hearings Panel Page Agriculture, rural dwellings and subdivision The objectives of Clause are: To support the ongoing use of the rural areas for agriculture and to preserve their farmed rural landscape. To ensure that the development of dwellings and excision of existing dwellings in the Farming Zone is consistent with the purpose of the zone and the utilisation of the land for sustainable rural uses. 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. To limit development of new dwellings on prime or high quality agricultural land. Relevant General and Particular Provisions The following General and Particular Provisions are applicable to this application: Clause Native vegetation Clause Broiler farm Clause 65 - Decision guidelines These provisions are considered in detail in the Assessment section of this report. Incorporated and Reference Documents Victorian Code for Broiler Farms 2009 The Victorian Code for Broiler Farms 2009 ( the Code ) is an incorporated document of the Victorian Planning Provisions and all planning schemes. It provides environmental standards for broiler farms to balance the operational needs of the broiler farm industry and the protection of the environment, particularly the air environment for people who live near broiler farms. Clause of the Planning Scheme requires a permit application to use or develop land to establish a new broiler farm, or to increase the farm capacity of an existing broiler farm, to comply with the Code. Referrals The applications were referred to various internal departments of the Council and external referral authorities for comment. Internal Referrals Environment A brief site inspection and assessment was undertaken by Council s Environment Unit in March A vegetation assessment dated May 2014 and prepared by Mark Trengove Ecological Services (MTES) was provided with the application. Due to the changes to the location of the proposed broiler farm, MTES provided further correspondence in November 2016 confirming that the new location contains no native vegetation and there are no relevant legislation implications. Both pieces of MTES correspondence have been peer-reviewed by Council s Environment Unit.

57 Development Hearings Panel Page 57 The Environment Unit accepts the findings of MTES and provided the following comments: the application will result in the removal of scattered native grasses within the road reserve of Ballan Road, and scattered native grasses under the planted windrow adjacent to Ballan Road. As this native vegetation does not form a scattered tree or remnant patch the application does not require any offsets, however a permit is still required to remove this native vegetation. The Environment Unit supports the application. Traffic Council s Traffic Unit supports the applications subject to conditions relating to the following: The submission and approval of road pavement and drainage plans. Vehicle crossing must be constructed to appropriate specifications, supported by swept-path diagrams for the largest vehicle expected to visit the site. Vehicular access and parking areas must be adequately constructed, delineated, lit and signed. Any proposed entry gate(s) must be located an adequate distance inside the property boundary, to ensure vehicles waiting for the gate(s) to open do not create a traffic hazard for through traffic on Ballan Road. Dedicated pedestrian paths must be provided between the vehicle parking areas and the areas where staff work and where the staff amenities are located. The majority of Traffic Unit recommendations have been incorporated into recommended permit conditions. It is not considered necessary to require road pavement plans, noting that Council s Engineering Services Unit has not requested such plans. Engineering Services Council s Engineering Services Unit supports the application subject to conditions relating to stormwater runoff, drainage and roadworks plans, and construction of the approved drainage system, vehicle crossing and roadworks. The Engineering Services Unit recommended that Council seek comment from the CCMA in relation to the proposed internal access road over the northern waterway. The CCMA provided advice, as detailed below. The permit conditions proposed by Engineering Services have been incorporated into this officer recommendation. External Referrals Corangamite Catchment Management Authority (CCMA) The application was referred to the CCMA pursuant to Section 52 of the Planning and Environment Act The CCMA s initial response did not support the application due to the proposed shed location over an existing drainage line and known designated waterway. Further to this, the Environmental Management Plan provided with the application did not acknowledge the waterway nor consider the environmental risks associated with contaminated runoff or groundwater intrusion of contaminated waters. On receipt of the CCMA s response, a Tributary Diversion report was prepared on behalf of the applicant. The scope of the consultant s work was to undertake an analysis of the

58 Development Hearings Panel Page 58 unnamed tributary of Hovells Creek in order to assist with the design of a sustainable deviation of the existing designated waterway and licensing requirements. The report was submitted to Council for consideration, along with amended plans showing a deviation to the waterway. The amended plans also show the sheds reoriented and an alteration to the proposed boundary realignment. The amended plans and supporting documentation were referred to the CCMA. The CCMA advised that it does not object to the granting of a permit, and recommended permit conditions relating to vegetated buffer zones of the broiler farm from the diverted waterway. These recommended conditions have been accepted by the Council officer and form part of the permit conditions recommended by the officer. Department of Environment, Land, Water and Planning (DELWP) The original application was referred to DELWP (DEPI at the time of referral) pursuant to Section 55 of the Planning and Environment Act 1987 of the Planning Scheme, in relation to the removal of vegetation. DELWP advised that it did not object to the granting of a permit or require conditions. The amended application that included the diverted waterway was referred to DELWP. No response was received within the statutory timeframe. VicRoads The application was referred to VicRoads pursuant to Section 55 of the Planning and Environment Act VicRoads does not object and requires a number of conditions to be included in any permit issued. These conditions form part of the permit conditions recommended by the officer. Environment Protection Authority The application was referred to the EPA pursuant to Section 52 of the Planning and Environment Act The EPA does not object to the granting of a permit, but offered a number of comments and potential permit conditions for Councils consideration. The EPA notes that the application is one of two submitted by the applicant for approval and would result in four broiler farms operating in close proximity of one another. Whilst separation distances that accord with the Victorian Code for Broiler Farms 2009 are proposed, and therefore submission of an odour ERA is not required, the EPA recommends that Council ensures that it is satisfied that the development of two additional broiler farms will not result in the beneficial uses of the surrounding area being compromised by odour. No further guidance on how Council could ensure it is satisfied has been provided by the EPA. As detailed elsewhere in this report, it is considered that the odour impacts of the proposal will not unreasonably impact beneficial uses in the area.

59 Development Hearings Panel Page 59 The EPA notes that the Environmental Management Plan (EMP) provided with the application states that litter is not to be stockpiled on site, but will be immediately transported off site. The EPA recommends that Council require the applicant to submit a Waste Management Plan that includes details of the volume and destination of waste (including dead birds) from the site as well as how that waste will be managed. Recommended permit conditions include such a condition. The other permit conditions recommended by the EPA have been accepted by the Council officer and form part of the permit conditions recommended by the officer. 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 October Council accepted the amendment. The amendment made the following changes to the application: Orientation of the sheds changed 90 degrees. Space between the sheds reduced from 18m to 8m. Relocation of internal accessway location. Boundary realignment between CA128 and CA129. On 8 November 2016, the applicant submitted a further set of amended plans. The plans made the following changes to the application: Diversion of the designated waterway. Orientation of the sheds reverted back to the original orientation Alignment of proposed boundary realignment changed again. These are the plans that form the basis of this report. 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. 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). Two A3 signs were placed on the land. Council received 19 objections. Detailed below are the key issues raised in the objections. Objection Traffic, access and amenity Response VicRoads supports the application subject to permit conditions regarding turning lanes and an appropriately designed and constructed access point. Subject to such conditions, it is considered that Ballan Road is capable of accommodating the anticipated increase in vehicles associated with the use.

60 Development Hearings Panel Page 60 Council s Traffic Unit has recommended a number of conditions relating to access to the site and appropriate delineation of parking areas etc. Subject to such conditions, it is considered that the access proposed is adequate for the use proposed. The proposal meets the minimum separation distances required by the planning scheme. These are designed to achieve adequate setbacks to avoid unreasonable odour and dust emissions impacting on sensitive uses. As detailed later in this report, the proposal also addresses the best practice elements of broiler farm siting, design and operation that make up the key components of the Broiler Code. Other amenity impacts can include truck noise when chickens are collected at night and lightspill. It is considered that, subject to recommended permit conditions, the use will be able to operate without causing unreasonable amenity impacts. Objection Animal welfare Response This is not a material planning consideration. It is worth noting that the Victorian Code for Broiler Farms 2009 is an environmental Code to ensure high environmental standards are achieved through the Victorian planning process. The Code does not regulate animal welfare and provides the following statement in relation to it: Animal welfare standards and controls are given effect in state regulation such as the Prevention of Cruelty to Animals Act 1986 and the Prevention of Cruelty to Animals (Domestic Fowl) Regulations In addition Victorian poultry welfare Codes apply to the broiler industry. At the time of writing this document, national welfare standards were under development that may replace the Victorian welfare codes for poultry. The most relevant standards and Codes are available on the DPI website. Objection Association between slaughterhouse workers and social and psychological issues, including domestic violence. Response There is no processing of chickens proposed as part of the application. Chickens will be grown at the site and transported off-site for processing. Whilst there is a connection between the growing of chickens and the eventual processing of them at another location, it is considered unreasonable to refuse an application for a broiler farm, based on the grounds of objection described, where the broiler farm s only association with the grounds of objection is the growing of the birds. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. ASSESSMENT State and Local Planning Policy Frameworks The application is consistent with a number of policies contained in the SPPF and LPPF which encourage the use of productive agricultural land for agricultural purposes whilst balancing the potential off-site and environmental impacts.

61 Development Hearings Panel Page 61 Strategies at Clause (Sustainable agricultural land use) include: Ensure agricultural and productive rural land use activities are managed to maintain the long-term sustainable use and management of existing natural resources. Encourage sustainable agricultural and associated rural land use and support and assist the development of innovative approaches to sustainable practices. Support effective agricultural production and processing infrastructure, rural industry and farm-related retailing and assist genuine farming enterprises to adjust flexibly to market changes. Facilitate the establishment and expansion of cattle feedlots, piggeries, poultry farms and other intensive animal industries in a manner consistent with orderly and proper planning and protection of the environment. In principle, the above policy provides strong support for the proposal, which would provide sustainable agricultural land use and effective agricultural production. The policy guidelines at Clause require consideration of the Victorian Code for Broiler Farms (Department of Primary Industries, 2009), in considering proposals for use and development of broiler farms. An assessment against the Broiler Code is contained later in this assessment. Clause is supported by the following policies of the Local Planning Policy Framework: Clause (Economic growth sectors) encourages the facilitation of development in the City s strategic economic growth sectors which include food and horticulture. Clause (Rural areas) supports the use of the City s northern rural areas for productive agriculture and seeks to minimise non-farming land uses in rural areas. Clause (Agriculture, rural dwellings and subdivision) supports the ongoing use of rural areas for agriculture and discourages the development the development of dwellings on productive agricultural land. In principle, it is considered that the subject land is suitable for the development of a broiler farm. There are limited opportunities for intensive animal husbandry land uses elsewhere in the municipality due to potential amenity impacts and there is strong policy support to encourage such uses in the Anakie area. In relation to amenity and environmental impacts: A strategy at Clause (Noise abatement) is to: ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area. A strategy at Clause (Air quality) is to: ensure, wherever possible, that there is suitable separation between land uses that reduce amenity and sensitive land uses. The proposed farm has been designed and sited in accordance with the Broiler Code and meets the separation distances the Broiler Code requires.

62 Development Hearings Panel Page 62 Strategies at Clause (Catchment planning and management) include: Retain natural drainage corridors with vegetated buffer zones at least 30m wide along each side of a waterway to maintain the natural drainage function, stream habitat and wildlife corridors and landscape values, to minimise erosion of stream banks and verges and to reduce polluted surface runoff from adjacent land uses. Ensure that works at or near waterways provide for the protection and enhancement of the environmental qualities of waterways and their instream uses. Strategies at Clause (Waterways) include: Ensure waterways and wetlands are not drained or adversely affected as a result of development. Ensure development provides for appropriate buffer setbacks and fencing to waterways and wetlands. The proposed sheds will be set back a minimum distance of approximately 100m from the diverted waterway. Given that the CCMA is supportive, it is considered that the design of the diverted waterway is acceptable and the environmental qualities of the downstream waterways would not be unreasonably impacted on by the sheds and associated infrastructure. Works on Waterway approval for the diversion has been completed (CCMA reference number W ). Both Council s Environment Unit and DELWP support the proposed vegetation removal so the application is considered an acceptable response to Clause and (Biodiversity). Clause (Anakie) provides policy regarding the future development of the Anakie township and whilst the subject land is located in the general Anakie area the policy is of little relevance. Zone A broiler farm is a Section 2 use in the Farming Zone. Under the zone, a permit is required for the use and associated buildings and works. The application is consistent with the objectives of the zone in that it proposes an agricultural use on productive agricultural land and would enhance the agricultural productivity of the land. The decision guidelines of the Farming Zone include policy in relation to environmental issues, and design and siting issues. Assessment against these issues are captured elsewhere in this report, particularly in the assessment against the Broiler Code. In terms of the proposed subdivision (boundary realignment), Clause states that a permit may be granted to create lots smaller than the 80 hectares required in the Anakie area provided the re-subdivision does not increase the number of lots. The proposed boundary realignment meets this requirement and is of little consequence to the surrounding area or future development of land.

63 Development Hearings Panel Page 63 Overlays Environmental Significance Overlay Schedule 4 The areas included within Schedule 4 (Grasslands within the Werribee Plains Hinterland) of the ESO form part of the Victorian Volcanic Plain Bioregion. The major issue for biodiversity conservation in the Werribee plains hinterland is loss of native vegetation and habitat through clearing for urban development, cropping and infrastructure. The subject land has already been cleared and used for cropping. However, the development would result in the removal of scattered native grasses within the road reserve of Ballan Road, and scattered native grasses under the planted windrow adjacent to Ballan Road. Neither Council s Environment Unit or DELWP have raised concerns about the level of vegetation removal proposed. Incorporated and Reference Documents Victorian Code for Broiler Farms 2009 The Code provides the basis for the planning, design, assessment, approval, construction, operation and management of broiler farms in Victoria. Compliance with the Code is mandatory for the establishment of all new broiler farms and expansions in Victoria. The Code has 13 sections that describe the key considerations for a broiler farm development. Of particular relevance to the assessment of a planning permit application for a new broiler farm are the following sections, which are discussed below: Section 4 Key amenity and environmental issues Section 5 Classification of broiler farms Section 6 Odour Environmental Risk Assessment (Odour ERA) Section 7 Farm design and operation elements Section 4 Key amenity and environmental issues The key amenity issues outlined are odour, dust, noise, light spill and visual amenity. To avoid the above emissions from adversely impacting the amenity of nearby sensitive uses: the nearest external edge of any new broiler sheds, temporary litter stockpiles or compost piles should be set back at least 100m from the broiler farm boundary; the required minimum separation distance between the broiler sheds and a sensitive use must be met; and broiler farms must employ best practice to manage and control emissions and wastes. The application plans demonstrate that the 100m boundary setbacks will be met. The applicant intends to purchase the land from the current owner, hence the need to propose a boundary realignment. This boundary realignment has factored in the 100m setback requirement. The separation distance is the distance from the new broiler sheds within which no sensitive use is located. The Code includes the following formula which is used to determine the minimum separation distance requirements for Class A and Class B farms: D = 27 x N 0.54 where D = Separation distance (m); and N = farm capacity /1000.

64 Development Hearings Panel Page 64 Based on the above formula, the farm has a minimum separation distance of 686m. The application plans show that the minimum separation distance is met (although not contained entirely within the property boundaries because the minimum separation distance is not contained entirely within the property boundaries, the farms are classified as Class B as discussed below). Best practice planning and management techniques include covering stockpiles to avoid dust issues, consideration of the layout of internal roads and the planting of landscaping to provide visual screening. The applicant has advised that there will be no stockpiling associated with the farms as all waste will be removed from the site immediately. If a permit is issued, it is recommended that a permit condition prohibit stockpiling without the written consent of the Responsible Authority. Landscape plans were provided with the application, showing planting of a 10m wide landscape buffer around the sheds to reduce the visual impact. Permit conditions relating to landscaping are recommended. One of the key environmental issues pertaining to broiler farms is run-off of nutrients or waste to the surrounding environment. This is of particular relevance to the current permit application given the proximity of the proposed shed to the diverted tributary of Hovells Creek that traverses the subject land. In accordance with the Code, all aspects of the broiler farm operation must be designed to avoid nutrient run-off to ground and surface waters. The main waste products are spent litter, dead birds and general farm waste (including chemicals). The Code states that immediate removal of litter from a farm at the end of a batch is the most effective means to avoid the risk of nutrient run-off and dust and odour emissions. The submitted EMP states that this practice will be implemented for the proposed farms. The EMP also states that dead birds will be placed in enclosed containers and stored in freezers daily, and will be regularly collected and transported to a rendering plant or licensed landfill, consistent with the Code. In its referral response, the EPA advises that litter and dead birds would be used as fertiliser for an adjoining farm. To provide clarification and ensure waste is appropriately managed, permit conditions relating to waste management are recommended. Section 5 Classification of broiler farms Pursuant to Section 5, the potential for broiler farm emissions to adversely impact on sensitive uses largely depends on: the distance to nearby sensitive uses that the proposed development may affect. the number of birds kept on the farm. the design, management and operation of the farm. local environmental conditions (including meteorology and topography). Broiler farms are classified as Class A, Class B, Special Class or Farm Cluster. The proposed farm falls within the classification of a Class B farm as the following apply: The farm capacity is less than or equal to 400,000 birds. The development can meet the minimum separation distance requirement (the minimum distance required between the broiler sheds and an adjacent sensitive land use, based on the number of birds the farm could house) but this distance is not fully contained within the broiler farm boundary. Section 6 Odour Environmental Risk Assessment (Odour ERA) An Odour ERA is not required for Class B farms and one has not been provided with the applications. Appropriate conditions addressing off-site amenity are recommended.

65 Development Hearings Panel Page 65 Section 7 Farm design and operation elements Section 7 specifies six best practice elements relating to farm siting, design and operation. It provides objectives, standards and approved measures for each element. All broiler farm planning permit applications are required to meet the objectives and standards of the six elements of the Code. Approved measures are approaches deemed to comply with a standard. They are not mandatory. A permit application may propose an alternative measure as long as the applicant can demonstrate to the responsible authority s satisfaction that the relevant Code objectives and standards can still be met with equivalent or superior performance. The documentation lodged with the application included a response to each standard and measure of the Code. The documentation demonstrates that all objectives and standards are met or can be met, subject to permit conditions. An overarching condition requiring the use and development to be conducted in accordance with requirements of the Code has been recommended in the event that a permit is issued. The following is a summary of each of the elements of Section 7 and how objectives are met: Element 1 (Location, siting and size) Objective: To ensure the location and size of the broiler farm, and the siting of the broiler sheds, temporary litter stockpiles, compost piles and litter spreading areas: minimise the risk of adverse amenity impacts on nearby existing, planned and potential future sensitive uses as a result of odour, dust and noise; do not adversely affect the use and development of nearby land; avoid pollution of ground and surface waters; avoid adverse impacts on the visual quality of the landscape; and minimise biosecurity risks. Response All approved measures regarding setbacks (including setbacks from waterways and natural vegetative buffer zones) are met. Measures relating to setbacks of litter stockpiles and litter spreading areas are irrelevant as none are proposed however the farm is large enough to provide these facilities in future whilst meeting setback requirements. Little regard for topography is required in determining shed location as the site is generally flat. The applicable standards are met. The farm would be set back over 1000m (the distance specified in Table 1 of Biosecurity Guidelines for Poultry Producers (DPI Agnote AG1155) from other existing or approved broiler farms. In accordance with approved measure E1 M2.1, no buildings or works are proposed within 30m of a waterway; and in accordance with E1 M2.2, no sheds are proposed within 50m of a waterway. In accordance with approved measure E1 M5.1, the required separation distance for each farm covers less than 50% of the area of a property located beyond the broiler farm property boundary, as demonstrated on the application plans. In accordance with approved measure E1 M5.2, the adjacent properties which the minimum separation distances encroach into have sufficient remaining area to provide a 20 metre x 30 metre building envelope for a dwelling. Element 2 (Farm design, layout and construction) Objective: To ensure the design and construction of the broiler farm minimise the risk of adverse amenity and environmental impacts, and support the cost-effective operational efficiency of the farm.

66 Development Hearings Panel Page 66 Response Screening vegetation is proposed to protect visual amenity. A recommended permit condition requires the sheds to be clad in non-reflective external cladding of natural colours. The silos would be of zincalume construction which is a reflective steel. Whilst the silos would protrude above the roof of the sheds, they are located between sheds so would be partially screened and have an overall small footprint. The use of zincalume for the silos is considered acceptable. Approved measure E2 M2.1 seeks to locate tunnel ventilation fans at the furthermost point away from the nearest sensitive use. The exhaust fans are located on the eastern end of the sheds, pointed in the direction of existing and approved broiler farms. The two nearest dwellings are located on the western side of the sheds the approved measure is met. 0.9m high concrete walls are proposed at the base of each shed to prevent access by vermin/pests. All feeding and watering measures are met. A permit condition is recommended to ensure the combined design capacity of the proposed water tanks and dams would provide at least one day s total water requirement in case of a breakdown or loss of normal water supply (in accordance with approved measure E2 M2.5). The sheds are designed in accordance with relevant measures to avoid the leaching of nutrients into the ground. Stormwater runoff from the sheds and hardstand would be collected in the proposed dams. Element 3 (Traffic, site access, on farm roads and parking) Objective: To ensure the location, design and construction of the farm access points, internal roads and parking areas, and the movement of vehicles for broiler farm operations support the safe and efficient operation of the farm, and minimise adverse amenity impacts on nearby sensitive uses. Response The proposed access point would be constructed to Council standards. Council s Engineering Services Unit has recommended conditions relating to access construction. The application plans do not show an entry gate but, in accordance with the relevant measure, if one is provided in future it could be located at least 30m inside the broiler farm boundary so articulated vehicles can park off the public road while the gate is being opened. 20m wide hardstand is proposed adjacent to each shed to accommodate parking of articulated vehicles involved in loading and unloading stock, feed, litter and waste. The proposed internal accessway is designed to avoid the need for vehicles to reverse and the entry point to the site is located at least 300m from the nearest sensitive use (a dwelling at Ballan Rd). It is recommended that hours of delivery/loading/unloading be restricted if a permit is issued. Permit conditions have been recommended accordingly. It should be noted that birds are normally harvested and transported at night so recommended permit conditions include requiring all vehicles associated with the transportation of live birds to be fitted with high performance sound-reducing mufflers, and allowing for the loading/unloading of live birds between 8pm 7am. Element 4 (Landscaping) Objective: To ensure landscaping is used to minimise the visual impact of broiler sheds and litter storage areas, further reduce the risk of adverse impacts from light and dust on nearby sensitive uses, and protect, manage and enhance onfarm native vegetation and biodiversity.

67 Development Hearings Panel Page 67 Response A recommended permit condition requires the submission and approval of a landscape plan, and the planting and maintenance of vegetation in accordance with the plan. In accordance with approved measure E4 M1.8, a landscape performance bond should be required as a condition on any permit issued, to ensure effective implementation of the landscape plans approved by Council. Element 5 (Waste management) Objective: To manage waste from broiler farm operations to: minimise adverse amenity impacts from odour and dust on nearby sensitive uses; prevent the pollution of ground and surface waters and land; and avoid biosecurity risks. Response Approved measures relating to temporary stockpiling, composting of litter, and incineration or burial of dead birds on the farms are irrelevant as none of these practices are proposed. Details of the location of freezers containing dead birds and the collection point (for the dead bird collection vehicle) should be required via an amended EMP condition to ensure the relevant measures are met. Details of chemical storage sheds, incorporating impermeable concrete bases and appropriate bunding) should be required via an amended EMP condition to ensure the relevant measure is met. Element 6 (Farm operation and management) Objective: To apply best practice management of the broiler farm to avoid or minimise the risk of adverse amenity and environmental impacts on the surrounding environment and nearby sensitive uses. Response An amended Environmental Management Plan (EMP) should be required via a permit condition to ensure the approved measures are met. Particular Provisions Car Parking Pursuant to Clause of the Planning Scheme, a new use must not commence or a new building must not be occupied until the required car spaces have been provided on the land. The table at Clause does not provide a required car parking rate for any form of agriculture. Given the large site area and generous areas of hardstand it is considered that the application provides adequate space for the parking of vehicles associated with the use. Five car spaces adjacent to the maintenance building are indicated on the application plans Native Vegetation Pursuant to Clause , a permit is required to remove, destroy or lop native vegetation, including dead native vegetation. The subject land has been cleared and used for cropping. However, the development would result in the removal of scattered native grasses within the road reserve of Ballan Road, and scattered native grasses under the planted windrow adjacent to Ballan Road. Neither Council s Environment Unit or DELWP have raised concerns about the level of vegetation removal proposed and no offsets are required.

68 Development Hearings Panel Page Broiler Farm Pursuant to Clause , a permit application to use or develop land to establish a new broiler farm, or to increase the farm capacity of an existing broiler farm, must comply with the Victorian Code for Broiler Farms An assessment against the Code is provided above. General Provisions 65 Decision Guidelines Clause 65 of the Greater Geelong Planning Scheme outlines the decision guidelines to be considered by the Responsible Authority when making decisions on applications. These decision guidelines include: 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 proposal has been assessed against the relevant decision guidelines listed above and is considered to accord with the decision guidelines, providing for an orderly planning outcome. 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 proposed Use and Development of a Class B Broiler Farm and Associated Buildings and Works, Removal of Vegetation (including Native), a Two Lot Subdivision (Boundary Realignment) and Creation of Access to a Road Zone Category 1 at 1450 Ballan Road, Anakie is considered an appropriate response to the State Planning Policy Framework, Municipal Strategic Statement, local policies and relevant zone, overlay and particular provisions. Therefore, it is recommended that Council issue a Notice of Decision to Grant a Permit, subject to conditions. Report prepared by Roger Munn

69 Development Hearings Panel Page 69 Application No: Applicant: Subject Land: PP /A Beacon Town Planning Pty Ltd 55 Maud Street, GEELONG Zone: General Residential Zone Schedule 1 Overlays: Heritage Overlay Listed Buildings: Existing Use: Yes Dwelling Proposed Use: Use of Existing Building for Student Accommodation Amendment: Rewording of Condition 4 to Allow for 36 Students and Changes to the Endorsed Plans Indicates Objectors Due to the map size, one objector has not been identified. Subject Site 55 MAUD STREET, GEELONG

70 Development Hearings Panel Page 70 Summary The subject site is located on the north side of Maud Street approximately 45m east of Moorabool Street. The site has a frontage to Maud Street of 26.51m. The site then wraps around the northern boundaries of the adjoining properties to the east to gain secondary access from Backwell Lane. The subject site and surrounds are zoned General Residential Zone Schedule 1 and are within Heritage Overlay 1641 (City South Residential Area). The subject site is individually listed and is identified by Heritage Overlay 12. The site is on the Victorian Heritage Register Ref. No: H188 and contains a B Listed building. Planning Permit 690/2014 was issued on the 21 s July 2015 which allowed the Use of Existing Building for Student Accommodation. The current application proposes to amend condition 4 to allow for Student Accommodation for 36 students and changes to the endorsed plans. The previous application granted for the site allowed for 25 students. The application was advertised by way of 1 sign on site and letters to the adjoining properties. As a result of public notification, a total of 16 objections were received. The applicant then provided an amended Student Management Plan to address the concerns raised by the objections. As a result one objection was withdrawn. The objections relate to car parking, loss of amenity due to noise and overlooking, the number of students to be accommodated on site, management of the site and the suitability of the existing building for the use. The application was assessed against the purpose of the Zone, Clause (car parking) and the relevant State and Local Planning Policies. The proposal is still considered to be an appropriate use for the site given it would utilise a Significant Building. The car parking proposed is also considered to be appropriate due to the proposed use and the location of the site in relation to Central Geelong and public transport routes. It is therefore recommended that the application be approved subject to conditions as outlined below. Recommendation That the Responsible Authority having considered all matters which the Planning and Environment Act 1987, requires it to consider decides to Issue a Notice of Decision to Grant a Planning Permit for the Use of Existing Building for Student Accommodation at 55 Maud Street, GEELONG in accordance with the plans submitted with the application and subject to the following conditions: Endorsed Plans 1. The use shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority. Prior to Commencement of Use 2. The use hereby approved must not commence until all relevant required buildings and works to accommodate the use, including construction of car parking areas and works required for compliance with building and heritage regulations, have been approved by the relevant authority (Heritage Victoria and Building Surveyor) and constructed to the satisfaction of the relevant authority.

71 Development Hearings Panel Page 71 Section 173 Agreement 3. Prior to the commencement of the use hereby permitted, the owner of the land must enter into and execute an agreement with the responsible authority pursuant to section 173 of the Planning and Environment Act 1987 to the satisfaction of the responsible authority in which it shall provide for the following: a) The accommodation provided on the subject land must only be used for the exclusive accommodation of students enrolled at a secondary or tertiary level educational institution and to be vacated within three months of completion of full time studies unless a Planning Permit is issued for an alternative use b) In the event that a Planning Permit is issued for an alternative use referred to in Part (a), the owner must make an application for the removal or variation of the Agreement as his/her expense. c) Prior to the occupation of the building and pursuant to the provisions of Section 181 of the Planning and Environment Act 1987 this agreement shall be registered with the Registrar of Titles and shall run with the land; d) That the requirements contained in the agreement shall form part of any lease of the premises which the owner of the land under this permit may enter into with another party; and e) The owner of the land under the permit shall pay the legal costs and be responsible for the preparation and registration of the said agreement. Number of Occupants 4. No more than thirty six (36) students may be accommodated at the subject site at any one time. Student Accommodation Management Plan 5. Prior to the commencement of the use, a Student Accommodation Management Plan to the satisfaction of the Responsible Authority must be submitted for approval. The management plan must outline: a) Role and responsibilities of appointed manager b) House Rules c) Waste Management Procedures d) House Keeping requirements e) Interaction with surrounding area protocol f) Noise Management Once approved the Management Plan must be displayed in a prominent location that is easily accessible to all residents. 6. The use must operate in accordance with the endorsed Student Accommodation Management Plan to the satisfaction of the Responsible Authority. 7. The Student Accommodation Site Management Plan may be amended by the Responsible Authority at the written request of the owner.

72 Development Hearings Panel Page The contact details of the on site manager must be displayed in a prominent location at the front of the building for all residents and neighbours to access. Waste Management Plan 9. Prior to the commencement of the use a waste management plan must be submitted to and approved by the Responsible Authority. The plan must provide details of a regular garbage collection service to each of the uses on the subject land, including information regarding the type of refuse bins, type/size of trucks, means of accessing bins and frequency of refuse collection, to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. Car Parking 10. Prior to the commencement of the use hereby permitted by the permit, the developer must construct the car park including accessways, surface with an all-weather sealed coat, drained and linemark the car and accessways to the satisfaction of the Responsible Authority. Security Alarm 11. All security alarms or similar devices installed on the land must be of a silent type in accordance with any current standard published by Standards Australia International Limited and be connected to a security service to the satisfaction of the Responsible Authority. Outdoor Lighting 12. Any outdoor and/or security lighting provided must be designed to prevent adverse light spill on adjoining land or road reserve to the satisfaction of the Responsible Authority. Expiry 13. This permit will expire if the use hereby permitted is not commenced within two (2) years of the date of this permit. Note: 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. 1. This permit does not authorise any buildings and works associated with the use hereby approved. Any buildings and works required to accommodate the use will require separate approval from Heritage Victoria and the relevant Building Surveyor. Report The Site & Locality The subject site is located on the north side of Maud Street approximately 45m east of Moorabool Street. The site has a frontage to Maud Street of 26.51m. The site then wraps around the northern boundaries of the adjoining properties to the east to gain secondary access from Backwell Lane.

73 Development Hearings Panel Page 73 The site contains a B Listed Building which is included on the Victorian Heritage Register. The following is the Statement of Significance for the site: The Geelong Grammar School, a once imposing Tudor Gothic Style quadrangular school building complex was, when completed 1857, the most substantial work of Backhouse & Reynolds, a celebrated Geelong firm of architects whose reputation was largely based on the scholarly Italinate design for the Matthew Flinders School at Geelong. The surviving south wing, which is not indicative of the overall quadrangular school design, is a physical manifestation of the foundation years of Geelong Grammar School, Victoria's most prestigious public school. All that remains of the quadrangular school building is the two storey south wing built of cement rendered basalt with steep roof gables, decorated barges and attic dormers. The listed building is located at the rear of the site with a large garden with circular driveway located at the front of the site with access from Maud Street. There are three properties adjoining the property to the west all fronting Moorabool Street. Two of these properties are utilised by the Palais Bingo Centre and associated car parking. A resident exists on the middle property. The adjoining property to the north contains a motel and restaurant. All other adjoining properties contain dwellings used for residential purposes. All dwellings within Maud Street have rear lane access with no vehicle access provided directly to Maud Street. Therefore there are no vehicle crossovers within Maud Street except that of the subject site and for dwellings fronting Moorabool Street and Yarra Street. Therefore there is ample on street car parking within the street. Because of this, during weekdays, Maud Street is utilised by workers due to free parking close to the city. The subject site and surrounds are zoned General Residential Zone Schedule 1 and are within Heritage Overlay 1641 (City South Residential Area). The subject site is individually listed and is identified by Heritage Overlay 12. The site is on the Victorian Heritage Register Ref. No: H188. Proposal The application proposes the use of the land and existing historical building as student accommodation. It is proposed that the maximum number of students to be accommodated on site will be 36. The previous application proposed that the basement of the existing building be used as office space in conjunction with the proposed student accommodation. That the ground floor be used for the caretakers room and further office space, 3 bedrooms, the kitchen and a common area and toilets. That the first floor would be used for a further 14 bedrooms, an amenities room with toilets and showers and a small kitchen. And that the second floor not be utilised. The amended application indicates that all floors of the building be utilised for the use as Student accommodation, however does not specify what each room will be utilised for except for the kitchen and amenities areas. However the rooms are to be utilised it has been requested that 36 students be accommodated on site.

74 Development Hearings Panel Page 74 All building works required to be undertaken to accommodate the use will require approval through Heritage Victoria and the relevant Building Surveyor. It is acknowledged that due to the age of the building it is unlikely that it is compliant with building regulation to accommodate the use. However this is not a consideration of the planning permit and all required works will be required to be undertaken prior to the use commencing. It is proposed that 12 car spaces can be accommodated within the front garden around the driveway. A further 6 will be provided off the side laneway to the east of the building. Again works will be required to be undertaken to construct the proposed car spaces. It will be a requirement of any permit issued that the car parking areas be constructed and approved by the relevant authorities prior to the use commencing on site. Given the site will require approvals from a relevant Building Surveyor to show compliance with the relevant building regulations for this type of use, it is envisaged that works will be required to the building to accommodate the use. These works will also require approval from Heritage Victoria. It is therefore considered appropriate to include conditions on the permit that prohibit the use from commencing until all appropriate works are commenced and the required permissions are sought. Greater Geelong Planning Scheme Definition and Nesting Clause 74 Definitions: Pursuant to Clause 74, a Residential Building is defined as: Land used to accommodate persons, but does not include camping and caravan park, corrective institution, dependent person's unit, dwelling, group accommodation, host farm, residential village or retirement village. Clause 75 Nesting: Pursuant to Clause 75.01, a Residential Building is nested in the Accommodation Group. Zone Clause General Residential Zone The purpose of the General Residential Zone is: a) To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. b) To encourage development that respects the neighbourhood character of the area. c) To implement neighbourhood character policy and adopted neighbourhood character guidelines. d) To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. e) To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

75 Development Hearings Panel Page 75 Overlay Clause Heritage Overlay The purpose of Clause of the Heritage Overlay is to: implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. conserve and enhance heritage places of natural or cultural significance. conserve and enhance those elements which contribute to the significance of heritage places. ensure that development does not adversely affect the significance of heritage places. conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place. Schedule 12 of this overlay states: prohibited uses may be permitted Included on the Victorian Heritage Register under the Heritage Act 1995 Permit required clause and condition Pursuant to Clause of the General Residential Zone a permit is required to use land for the purpose of accommodation. Pursuant to Clause of the Shared Housing Particular Provision a permit is required to use a building for shared housing where there are more than 10 habitable rooms. Restrictive Covenant 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. Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a cultural heritage management plan. The proposal is not listed as an exempt activity. Areas of cultural heritage sensitivity are defined within 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. High impact activities are defined within Division 5 of the Aboriginal Heritage Regulations Division 5 lists the proposal as a high impact activity. The site is considered to have been the subject of significant ground disturbance which is defined as disturbance of (a) the topsoil or surface rock layer of the ground or (b) a way - by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping. In accordance with the above assessment, a cultural heritage management plan is not required.

76 Development Hearings Panel Page 76 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. 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 No Statutory Requirement in the Scheme

77 Development Hearings Panel Page 77 Bicycle Spaces No Statutory Requirement in the Scheme State Planning Policy Framework 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.

78 Development Hearings Panel Page Heritage Conservation Objective To ensure the conservation of places of heritage significance. Strategies Provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value. Encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations. Retain those elements that contribute to the importance of the heritage place. Encourage the conservation and restoration of contributory elements. Ensure an appropriate setting and context for heritage places is maintained or enhanced. Support adaptive reuse of heritage buildings whose use has become redundant. Local Planning Policy Framework Municipal Strategic Statement The following policies of the Municipal Strategic Statement are applicable to this application: Heritage and identity The objective of Clause of the Municipal Strategic Statement is to: ensure that urban development enhances Geelong s sense of place and identity. conserve and enhance individual places and areas of pre and post contact cultural heritage significance. Strategies Protect places of Aboriginal cultural heritage significance. Retain culturally significant heritage places and areas recognised as being of State, regional, local and contributory significance. Ensure that the use and development of a heritage place contributes to its heritage significance and longevity. Encourage the design of new development in heritage areas to provide for a contemporary interpretation that relates to the location, bulk, form and materials of existing and/or neighbouring significant buildings. Local Planning Policies There is no Local Planning Policies that are relevant to this application.

79 Development Hearings Panel Page 79 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(s) was/were placed on the land Sixteen (16) objections have been lodged with Council. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. 1. Objection There is currently a lack of available on street car parking during the day given all day parking utilised by office workers and minimal 2hr spots. The proposed car parking provided on site seems inappropriate for the use and unusable due to works required to accommodate spaces. Response The use of student accommodation does not have a car parking requirement within the planning scheme. Therefore the car parking required is to the discretion of the responsible authority. The application proposes accommodation for 36 students and there is provision for 18 car spaces. The number of car parking spaces has not been increased from the original permit and the location of these spaces remains unchanged from what was previously approved. This is considered appropriate for the use as it is expected that not all students will have a vehicle and will utilise public transport or will walk to classes located within central Geelong. It is acknowledged that the car parking located with access from the side laneway will require some works to bring the site level with the laneway to allow access. These works will be required prior to the use commencing to ensure that the appropriate car parking is provided. A condition requiring these works to be undertaken prior to the use commencing is on the current approved planning permit and is proposed to remain on the amended planning permit should one be issued. As the works will also require Heritage Victoria approval, if Heritage Victoria do not give approval for the works the applicant will have to amend the permit to reduce the car parking and amend the endorsed plans. Given this will reduce the car parking provided on site by 6 spaces an assessment will have to be undertaken regarding wether 12 spaces is appropriate for the use at that time.

80 Development Hearings Panel Page 80 It is acknowledged that there are already car parking constraints within the street due to the proximity to central Geelong and the availability of free all day parking. Maud Street is often utilised by city workers as an alternative to paid parking closer to central Geelong. There are also some areas of 2hr parking to ensure turn over of car parking, Residents are able to gain car parking permits to park within the 2hr spots for extended periods of time. There is also pressure on the parking within Maud Street at night due to the proximity of the Palais Bingo Centre. There is approval for the Palais to expand and construct a multi level car park which would alleviate some of the pressures on parking that currently exist. Having considered the above, it is not envisaged that the proposed increase in student numbers will adversely impact on the existing car parking pressures within and around Maud Street. The 18 car spaces provided on site will be able to accommodate the car parking requirements of the students. 2. Objection The number of students proposed is excessive. Response The applicant has applied for student accommodation to accommodate 36 students. If an amended permit is granted only 36 students will be allowed to be accommodated on site at any one time. The number of rooms and the facilities provided within the existing building are considered to be sufficient to accommodate 36 students. There has also been some concern regarding the Student Management Plan and that all students could have up to three guests resulting in a total of 144 people accommodated on site. The management plan has been updated to state that overnight guests are not permitted and that all visitors must leave the property by 10pm. A management plan is required by the existing permit and will be endorsed is the amended permit is issued. Therefore if the management plan is not adhered to Council can undertake enforcement proceedings to ensure that the use meets the conditions of the permit. The permit could also be cancelled if the conditions of the permit are not met. It is therefore considered beneficial to the owner and operators to ensure that the management plan is enforced at all times.

81 Development Hearings Panel Page Objection The building is inadequate to accommodate the use due to lack of fire detection and protection facilities and minimal toilet and shower facilities. Response The planning process does not consider the provision of fire detection and protection, the facilities required to be provide and other building requirements. These requirements are considered through the building permit process. Whilst planning may be able to issue a permit for the use, the use will not be able to commence until the relevant building regulations are complied with. If the building can not meet the relevant building requirements, the use will not be able to commence. 4. Objection Activity from cars, visitors, occupants and deliveries will negatively impact on the ambience of the immediate area. Response The proposed use is a residential use given that it is to provide accommodation for students. Though it is acknowledged that this is on a larger scale than the residential uses of adjoining properties. However it is considered that with proper management and regulation via the implementation of the student management plan the proposed use will not create any unreasonable amenity impacts to the residential area. It is considered that the proposed use is an appropriate utilisation of the existing heritage building as supported by policy. While there may be a potential increase in deliveries to the site given that there is ample room for cars to be accommodated on site, deliveries can be undertaken on site and thus it is not expected to negatively impact on the adjoining properties. It is understood that some deliveries for the existing site have been mistakenly delivered to adjoining properties. It is envisaged that when the site is occupied it will be more apparent to delivery drivers that the site is the correct site for deliveries and this should hopefully no longer be an issue. 5. Objection When the site is occupied there will be more opportunity for overlooking to adjoining properties. Response The proposed use is to be accommodated in an existing building. No works or additional windows are proposed as part of the planning permit.

82 Development Hearings Panel Page Objection Removal of the on-site caretaker is inappropriate. Response The student management plan identifies that there is a site care taker available 24/7 as well as an appointed on site student manager who will occupy the ground floor room located closest to the foyer and therefore accessible to all residents as well as adjoining property owners. A CCTV system is also provided on site and actively monitored. It is therefore considered that appropriate measures will be put in place in accordance with the student management and that these measures will ensure that the use does not adversely impact on adjoining properties. Assessment Zone The application has been assessed against the purpose of the zone and is found to be consistent. It is considered that the use is compatible with the surrounding residential uses. As the use will utilise an existing building there will be limited impacts on the character of the area. The only change will be the use of the front driveway for car parking. This area has been used for parking throughout the life of the building. The existing landscaping will largely be maintained. A Waste Management Plan will be required to ensure that refuse collection and locations of refuse collection facilities do not impact on the character or amenity of the area. While there will be increased traffic to the area, given the location close to central Geelong, it is considered that the increase can easily be accommodated within the surrounding street networks. Overlay The application does not trigger a permit under the Heritage Overlay as any building works require approval from Heritage Victoria. Whilst it is acknowledged that the proposed use is likely to require works to be undertaken to ensure that the building meets building codes, these works however will not require planning permission and can not be considered as part of this application.

83 Development Hearings Panel Page 83 State and Local Planning Policy The application has been assessed against the relevant State and Local Planning Policies and is found to be consistent. The proposed use will help in the conservation of an exiting heritage listed building through its re-use The use is consistent with previous uses of the site as well as what the building was initially constructed for. Whilst it is acknowledged that works will be required to allow the use to operate it is envisaged that these works can be undertaken. Should the works required be too cost prohibitive or unable to be achieved, the use will not be able to commence. Car Parking The application has been assessed against the relevant particular provisions and is found to be consistent. Whilst there is no set standard for the provision of on site car parking for student accommodation, car parking is required to be provided at the satisfaction of the Responsible Authority. Some earth works will be required in order to provide some of the car spaces. These works will require approval from Heritage Victoria. If the works are not approved an amendment will be required as conditions on the permit require the car parking to be provided prior to the use commencing. Whilst there is no particular car parking rate for student accommodation within the Planning Scheme there are some Council within Victoria that have included Local Planning Policy which sets standards for car parking. The City of Greater Geelong does not have such a policy. However the City of Whitehorse has a policy which states that for developments (for student accommodation) within Major and Specialised Activity Centres or in residential zones within 500 metres of the non-residential zones that comprise the activity centre or within sites that are within 500 metres of a tertiary education institution or within 500 metres of the Principal Public Transport Network, provide car parking at a rate of at least 0.25 spaces per bed. The subject site falls within the above requirements and therefore if assessing against this policy the use would result in the requirement of 9 spaces. The proposed use has accommodated 18 spaces on site which is double that considered appropriate within the City of Whitehorse.

84 Development Hearings Panel Page 84 There have been various VCAT cases which have considered the amount of car parking which is appropriate for Student accommodation uses. The following VCAT cases have considered the following rates of car parking to be appropriate: Qin versus Monash CC [2005] VCAT 1628 (2 August 2005) Rate 0.3 Kan versus Monash CC [2006] VCAT 953 (24 May 2006) Rate 0.33 Ardcon versus Monash CC [2006] VCAT 2155 (19 October 2006) & VCAT 2483 (7 December 2006) Rate 0.78 Platani versus Monash CC [2007] VCAT 1267 (17 July 2007) Rate 0.25 Domus Design versus Monash CC [2007] VCAT 1267 (28 September 2007) Rate 0.28 Using the above rates against the proposal would result in car parking rates between 9 spaces and 28 spaces. The rate of 0.78 is the highest of all the above cases with the majority being between 0.25 and 0.33 spaces per bed. It is acknowledged that car parking is already an issue within the area particularly during the week due to the location close to Central Geelong and the availability of free on street all day car parking. Given the use is for Student Accommodation it is considered that the occupants will be students of nearby education facilities including the Deakin Waterfront Campus and therefore will not be overly reliant on car travel. Any resident would also be aware of the availability of on site car parking and it is therefore considered that not all occupants would have a vehicle. Having considered the policy of other Councils, various VCAT cases and the location of the site with walking distance to Central Geelong, Deakin Waterfront and public transport routes it is considered that the proposed car parking provided (18 spaces) is appropriate for the use. 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 decisions on applications. Some of these include: The matters set out in Section 60 of the Act. The SPPF, LPPF & the MSS 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 proposal has been assessed against the above and is considered to accord with the decision guidelines of Clause 65 of the Greater Geelong Planning Scheme. 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.

85 Development Hearings Panel Page 85 Conclusion Having considered all matters which the Planning and Environment Act 1987, requires to be considered it is deemed that the increase of student numbers at the subject site is an appropriate outcome. The use will be accommodated in an existing building which is of Heritage Significance. This ensures the upkeep and continued maintenance of the existing building. It is also considered that the increase in student numbers will not result in any adverse amenity impacts to the adjoining properties. Whilst the use will result in an increase of residents in the area, the large scale of the existing building and site means that this increase is easily accommodated. The proposed Student Management Plan is considered to be appropriate and will ensure that the amenity of adjoining residents is reasonable considered. If there are any breaches in relation to the conditions of the permit relating to amenity or the student management plan, enforcement measures can be undertaken which should provide the adjoining properties with some comfort that the use will be managed appropriately. The proposed car parking is also considered to be appropriate for the use. Therefore it is recommended that a Notice of Decision to grant an amended permit be issued subject to the conditions outlined earlier in the report. Report prepared by Erin Jones

86 Development Hearings Panel Page 86 Application No: Applicant: Subject Land: Owner: Zone: Overlays: Existing Use: PP Clohibar Pty Ltd 137 Pakington Street, GEELONG WEST Cotton On Clothing (W A) Pty Ltd and Clohibar Pty Ltd Commercial 1 Zone (C1Z) Heritage Overlay Schedule 1634 (HO1634) Vacant shops Proposal: Partial Demolition of Existing Building, Alterations and Additions Associated with a Food and Drink Premises, Use of Land for the Sale and Consumption of Liquor, Display of Business Identification Signage, Reduction in car parking requirements, loading and unloading and bicycle requirements Indicates Objectors Subject Site 137 PAKINGTON STREET, GEELONG WEST

87 Development Hearings Panel Page 87 Summary The subject site is located on the western side of Pakington Street, Geelong West in a Commercial 1 Zone and affected by Heritage Overlay Schedule The site is regular in shape with a frontage of 15.2 metres and a depth of 37 metres, resulting in a total area of 549 square metres. The site currently is split up into three separate tenancies which are known as 137, 137A and 137B Pakington Street. However they are all on one title. The tenancies have previously been used for a variety of uses including a Pizza Bar, Indian Restaurant, and other similar retail premises. The three tenancies are currently vacant. The application proposes partial demolition of the existing building, a liquor licence in association with a food and drink premises, reductions in the loading/unloading, bicycle facilities and car parking requirements, buildings and works and signage. The proposal involves combining the existing three separate tenancies into one to be used as a food and drink premises. The food and drink premises also proposes a liquor licence with 311 patrons to be on the site. The application proposes to serve liquor between the hours of 11am and 12pm, Tuesday Sunday, with the courtyard closing at 10pm. The application was advertised to adjoining properties and other nearby residential properties. 7 objections were lodged following the advertising period. The objections relate to the reduction of car parking sought and associated traffic concerns, the liquor licence aspect of the proposal and the overall scale of the proposal not fitting in with the character of the street. The application has been assessed against the matters relating to heritage, liquor licensing, signage and reduction in car and bicycle parking and found to comply. It is recommended that the application be supported with appropriate conditions. Recommendation That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, and decides to Issue a Notice of Decision to Grant a Planning Permit for the Partial Demolition of Existing Building, Alterations and Additions Associated with a Food and Drink Premises, Use of Land for the Sale and Consumption of Liquor, Display of Business Identification Signage, Reduction in car parking requirements, loading and unloading and bicycle requirements at 137 Pakington Street, GEELONG WEST in accordance with the plans submitted with the application and subject to the following conditions: Amended Plans Required 1. Prior to the commencement of the development, three (3) copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application but modified to show:

88 Development Hearings Panel Page 88 a) The following notation added to the proposed elevation plan repairs to front façade to be carried out with a render of the same strength (mix/composition) and texture as existing. b) Details of the proposed signage including the proposed lettering, dimensions and materials to be used. c) The method for how the signage will be attached to the parapet noted on the plans. Endorsed plans 2. The development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority. Endorsed red line plan 3. The licensed area as shown on the endorsed plan must not be altered without the written consent of the Responsible Authority. Demolition method statement 4. Unless otherwise by the Responsible Authority, the partial demolition of the existing building must be undertaken in accordance with the demolition plan and demolition method statement prepared by Davis, Naismith and McGovern dated the 14 th of December 2016 to the satisfaction of the Responsible Authority. Venue Liquor Trading Hours 5. Unless otherwise approved in writing by the Responsible Authority, the sale and consumption of liquor hereby permitted may only occur between the following times: a) am to MIDNIGHT The rear courtyard must be closed from 10.00pm. 6. The serving of meals must be the predominant activity on the land to the satisfaction of the Responsible Authority. 7. Tables and chairs must be set out for at least 75% of patrons present on the premises at any time. Disposal of Bottles 8. Bottles must be disposed of during operation times and must not be emptied into any external refuse bins between the hours of 11:00pm and 8:00am. No external sound amplification 9. No external amplified equipment, loud speakers or music shall be provided to the external areas of the premises to the satisfaction of the Responsible Authority. No live music 10. This permit does not authorise the site to be used as a live music venue.

89 Development Hearings Panel Page 89 Manager Responsible for Conduct of Patrons 11. At all times during the operation of the use, there must be present on the premises 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 premises do not have a detrimental impact on the amenity of the locality to the satisfaction of the Responsible Authority. Number of Seats 12. Unless otherwise approved in writing, not more than 311 seats are to be provided at any one time, to the satisfaction of the Responsible Authority. Bicycle Parking 13. Unless otherwise approved in writing by the Responsible Authority, five (5) bicycle spaces must be located on the land prior to the use commencing to the satisfaction of the Responsible Authority. Comply with SEPP N Noise levels emanating from the premises must not exceed those required to be met under the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade), No. N-1. Comply with SEPP N Noise levels emanating from the premises must not exceed those required to be met under State Environment Protection Policy (Control of Music Noise from Public Premises), No. N-2. Outdoor Lighting 16. Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land or road reserve. Traffic conditions 17. Prior to the commencement of the food and drink premises, the following must be completed: a) The redundant vehicle crossing in the public car park must be removed and kerb, channel and seal reinstated in accordance with the endorsed plans. b) All current parking signage must be appropriately modified. c) The new car parking spaces must be linemarked with redundant linemarking removed. All rectification works within the public car park must be carried out at no cost to the responsible authority Development Expiry 18. 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

90 Development Hearings Panel Page 90 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. Use Expiry 19. This permit will expire if the liquor licence hereby permitted is not commenced within two (2) years 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. Notes: 1. Please contact Council s Health Department on as an Alfresco Dining permit may be required. 2. Please contact Council s Engineering Department on to organise relevant vehicle crossing permits and alterations required at the rear of the site. Report The Site & Locality Figure 1: The subject site and surrounds

91 Development Hearings Panel Page 91 Figure 2: The existing elevation of the site which contains three separate tenancies (now vacant) The subject site is located on the western side of Pakington Street, Geelong West in a Commercial 1 Zone and affected by the Heritage Overlay Schedule The site is regular in shape with a frontage of 15.2 metres and a depth of 37 metres, resulting in a total area of 549 square metres. The site currently is split up into three separate tenancies which are known as 137, 137A and 137B Pakington Street. However, they are all on the one title. The tenancies have previously been used for a variety of uses including a Pizza Bar, Indian Restaurant, and other food and drink premises. The three tenancies are currently vacant. Most recently, the three tenancies have been tenanted by Pizza Bar, Pooches on Pakington (dog retail shop) and People s Potatoes (food and drink premises). The existing buildings occupy approximately half of the site and currently contain no designated on-site car spaces. The building is listed as having contributory (D-listed) heritage significance. Advice received from Council s Heritage advisor has noted that the front façade has been altered from its original state including the cantilevered verandah, rear additions and other changes to the shop front, the single storey flat-roofed wings to the north and south sides of the parapeted building have been introduced- they have no significance. The significance of the building from a heritage perspective is identified within the parapet and single storey roof form behind it as shown below (heritage referral);

92 Development Hearings Panel Page 92 Figure 3: Aerial image showing the significance of the roof as advised by Council s Heritage Advisor. A council owned car park exists at the rear western boundary of the site which is accessed from Albert and Clarence Street. On-street car spaces are present along both sides of Pakington Street and within the backstreets. The surrounding area is similarly zoned for commercial purposes and includes a range of different uses including various cafes, shops, restaurants, banks, and other civic uses such as the Geelong West library. The Heritage Overlay also affects the majority of land within Pakington Street. Land approximately 80 metres north-west of the site is zoned for residential purposes, however there are dwellings included in the Commercial Zone. A previous planning permit has been issued for the subject site for a liquor licence for the Pizza Bar restaurant, however was limited to one of the tenancies. The hours of operation within this permit allowed the sale and consumption of liquor from 8.00am to 1.00am, Monday Sunday.

93 Development Hearings Panel Page 93 Figure 4: The number of licensed premises within the immediate vicinity Site History The following permits/site history is applicable to this application: 803/1993 Indian Restaurant/take away food 433/2007 & 433/2007/A Change of use to licensed premises Proposal The application proposes partial demolition of the existing building, the use of land as a food and drink premises, reductions in the unloading/loading requirements, car parking requirements, buildings and works and signage as follows; Use of land The application proposes to combine the existing three separate tenancies into one and use it as a food and drink premises. The floor plan of the proposal indicates three separate sections including a breakfast/coffee section and bars at the front of the building, a second section with dining tables and a function space and courtyard with retractable roof at the rear. The food and drink premises also proposes the sale and consumption of liquor with 311 patrons to be on the site. The application proposes to serve liquor between the hours of 11am and 12pm, Tuesday Sunday, with the courtyard closing at 10pm. A red line plan was submitted with the application.