25 AVALON ROAD, AVALON

Transcription

1 Development Hearings Panel Page 1 Application No: 1200/2015 Applicant: Subject Land: Owner: Zone: Overlays: Existing Use: Proposed Use: Ivelja Design 25 Avalon Road, Avalon C J Bate and S M Bate Farming Zone None applicable Dwelling and associated outbuildings Retrospective Use and Development of the land for Truck Depot and Store (furniture and goods within 27 shipping containers) Subject Site 25 AVALON ROAD, AVALON

2 Development Hearings Panel Page 2 Summary The subject site is located on the east side of Avalon Road, approximately 170 metres south of the Princes Freeway on/off ramps. The site is rectangular in shape and has a frontage of 120 metres to Avalon Road, a depth of 260 metres and a total site area of 3.1 hectares. The site contains an existing dwelling in the south west corner. The north part of the site includes a large extended gravel area that provides for truck access and parking. A total of 27 shipping containers are located on the north east corner of the site. Land immediately abutting the site to the east and south is zoned Special Use Zone 1 (Environmental Wetlands, Salt Production and Land-Based Aquaculture Activities) and is used for salt extraction purposes. The land to the immediate north is zoned Farming and contains an existing dwelling and outbuilding. Land opposite the site on the west side of Avalon Road is zoned Rural Living. These lots are generally developed with single dwellings and associated outbuildings. Land further west on Coonawarra Drive includes dwellings, a nursery and boarding kennels. The application seeks approval for the use and development of the land for the purpose of a truck depot and store. A total of 20 trucks are proposed to be stored on the site. Workers drive to the site and park their private vehicles and then take the trucks to and from their relevant work sites. A total of two truck movements are expected per truck per day. The truck depot is proposed to operate between 5.00am to 7.00pm Monday to Saturday and 6.00am to 6.00pm on Sunday. The on site manager resides in the on site dwelling and will be responsible for ensuring the gates are locked and non accessible outside of the proposed operating hours. Access to the site is via the existing crossover and gates on Avalon Road. A large gravel area has been constructed for the parking of trucks and contractor's private vehicles. 20 truck spaces and 20 private vehicle spaces are proposed. The site currently contains a total of 27 shipping containers in the north east corner and consists of 15 large containers and 12 small containers. The shipping containers are used for storage purposes only and are not associated with the use of the land for truck parking nor are they proposed to be used as part of an ongoing shipping container facility. The applicant has advised the shipping containers are not required to be accessed, except for when they are to be removed from the site. A two year time limit is requested for the storage. Recommendation That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Refuse to Grant a Planning Permit for the Retrospective approval for Truck Depot and Store at 25 Avalon Road, Avalon on the following grounds:

3 Development Hearings Panel Page 3 1. The proposal fails to respond to the decision guidelines of the Farming Zone hat seek to ensure land use and development is compatible with adjoining and nearby land uses. 2. The use of the land for truck parking and storage is not compatible with adjoining and nearby rural or rural living land uses and will have a detrimental impact on the rural and rural living amenity of the area through noise, traffic movement and visual amenity. 3. The proposal fails to respond to the decision guidelines of the Farming Zone that seek to minimise impacts of development on the natural environment, major roads and vistas and impact on the character and appearance of the area. 4. The proposal is not supported by policy at Clause 11 for the protection of rural land from conflicting land uses and confining urban uses to urban land. 5. The proposal is not consistent with the objectives of Clause of the Municipal Strategic Statement that aim to ensure rural areas provide an attractive setting through the preservation of the rural landscape character. 6. The use of the land for a Store and the associated use of 27 shipping containers represent a poor planning outcome in terms of visual amenity and is not supported by the purposes of the zone or policy framework. 7. The proposal is not consistent with Clause 65 of the Greater Geelong Planning Scheme, including the orderly planning of the area and the effect on the amenity of the area Report The Site & Locality The subject site is located on the east side of Avalon Road, approximately 170 metres south of the Princes Freeway on/off ramps. The site is rectangular in shape and has a frontage of 120 metres to Avalon Road, a depth of 260 metres and a total site area of 3.1 hectares. The site contains an existing dwelling in the south west corner and has a number of existing outbuildings setback approximately 11 metres from the frontage and set behind existing vegetation. There are two existing crossovers that service the site. The north part of the site includes a large extended gravel area that provides for truck access and parking with informal car parking (for truck contractors) also located off the gravel driveway. A total of 27 shipping containers are located on the north east corner of the site.

4 Development Hearings Panel Page 4 The site is also encumbered by a 10 metre drainage easement extending along the sites frontage. A further gas pipeline easement affects a small portion of the north west corner of the site and forms part of a larger easement extending through adjoining properties. Land immediately abutting the site to the east and south is zoned Special Use Zone 1 (Environmental Wetlands, Salt Production and Land-Based Aquaculture Activities) and is used for salt extraction purposes. The land to the immediate north is zoned Farming and contains an existing dwelling and outbuilding. Land opposite the site on the west side of Avalon Road is zoned Rural Living. These lots are generally developed with single dwellings and associated outbuildings. Land further west on Coonawarra Drive includes dwellings, a nursery and boarding kennels. Proposal The application seeks approval for the use of the land for the purpose of a truck contractor s depot and storage. Truck depot A total of 20 trucks are proposed to be stored on the site. Workers drive to the site and park their private vehicles and then take the trucks to and from their relevant work sites. A total of two truck movements are expected per truck per day. The truck depot is proposed to operate between 5.00am to 7.00pm Monday to Saturday and 6.00am to 6.00pm on Sunday. The on site manager resides in the on site dwelling and will be responsible for ensuring the gates are locked and non accessible outside of the proposed operating hours. The applicant has further advised that no truck repairs or maintenance will occur on the site. Store The site currently contains a total of 27 shipping containers in the north east corner and consists of 15 large containers and 12 small containers. Large containers are 12.2m long x 2.4m wide x 2.4m high. Small containers are 6.1 m long x 2.4m wide x 2.4m high. The shipping containers are used for storage purposes only and are not associated with the use of the land for truck parking nor are they proposed to be used as part of an ongoing shipping container facility. The applicant has submitted that the shipping containers are to be removed from the site within two years of the issue of a permit. The applicant has advised the shipping containers are not required to be accessed except for when they are to be removed from the site and that the stored materials generally include holiday resort furniture from a failed business venture. The applicant advises that the owner of the stored goods (who is not the owner or resident of the land) is unable to remove the containers at this present time for financial reasons. However a two year time frame is considered excessive and is therefore not supported. This activity has also commenced illegally therefore should this application be refused, a more

5 Development Hearings Panel Page 5 reasonable time frame to bring the back to compliance will need to be negotiated with the owner. Greater Geelong Planning Scheme Definition and Nesting The use of the land is considered to be a Truck Depot which is an undefined use within the Greater Geelong Planning Scheme. Pursuant to Clause 74 a Store is defined as 'land used to store goods, machinery, or vehicles'. A Store is nested in the Warehouse Group pursuant to Clause Zone The purposes of the Farming Zone are as follows: 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. The land abutting the site to the north is also zoned Farming Zone while the land to the east and south is zoned Special Use Zone (SUZ1). The land to the west is included in the Rural Living Zone. Overlay None applicable Permit required clause and condition Pursuant to Clause of the Farming Zone, a permit Is required to use the land as a Truck Depot and Store. Pursuant to Clause of the Farming Zone, a permit is required to construct or carry out a building or works associated with a use in Section 2 of Clause Restrictive Covenant Covenant E applies to the subject site and relates to the creation of the easement (Gas) and stipulates to construction and excavation of the area affected by the easement. The proposal does not contravene the matters set out in the covenant as the

6 Development Hearings Panel Page 6 area affected by the easement is currently used a as a gravel driveway and no excavation or other buildings or works are proposed within this area. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations Part 2 - Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity. In accordance with the above assessment, a Cultural Heritage Management Plan is not required. COASTAL INUNDATION AND EROSION: Clause of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change. Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes. The subject site is not located within close proximity of existing urban development. Councils data indicates that the site 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..

7 Development Hearings Panel Page 7 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. Officer Direct Or Indirect Interest: No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act. Car Parking The proposed use for the land as a Truck Depot is undefined within the Greater Geelong Planning Scheme and is therefore not listed in the table at Clause Car Parking Particular Provisions. Pursuant to the table at Clause 52.06, a Store is required to set aside 10 per cent of the site area for parking. Based on the area of the site, 3100sqm is required for parking for the Store. The permit applicant has advised that Store is not required to be accessed except for when the containers are to be removed. The Store will not operate as a stand alone facility and will not require any additional parking in an operational sense. Council's Traffic Engineering Unit has considered the proposed car parking for the truck depot to be provided on site and are satisfied. This is detailed within their referral response later in this report. Site History Planning permit application 451/2015 for a Truck Parking Depot and Shipping Container Storage was refused on 18th September The application sought to have the truck depot as a 24 hour operation with no on site manager. The issues surrounding impact to rural and rural living amenity and visual impacts to the rural character of the area have not been addressed in this second application despite the proposed reduction of hours, an on site manager and additional landscaping. These changes alone are not considered sufficient to warrant support. Although no longer proposed as a 24 hour operation, the proposed hours which include 5.00am start times are excessive and considered unreasonable in terms of amenity impact to the rural living properties opposite the site. The provision of landscaping on the northern boundary will assist in reducing the visual impact however this is a longer term solution and would not offer any immediate visual relief as any such vegetation would take some years to grow to maturity. State Planning Policy Framework

8 Development Hearings Panel Page Rural Productivity Objective To manage land use change and development in rural areas to promote agriculture and rural production. Strategies Prevent inappropriately dispersed urban activities in rural areas. Limit new housing development in rural areas, including: Directing housing growth into existing settlements. Discouraging development of isolated small lots in the rural zones from use for single dwellings, rural living or other incompatible uses. Encouraging consolidation of existing isolated small lots in rural zones. Restructure old and inappropriate subdivisions Regional Planning Strategies and Principles Objective To develop regions and settlements which have a strong identity, are prosperous and are environmental sustainable. Strategies Identify and assess the spatial and land use planning implications of a region s strategic directions in Regional Strategic Plans. Apply the following principles to settlement planning in Victoria s regions, including the hinterland areas: A network of integrated and prosperous regional settlements Support a network of integrated and prosperous regional settlements by: Strengthening networks of settlements by maintaining and improving transport links, spatial patterns of service delivery, and promoting commercial relationships and community activities. Directing growth to locations where utility, transport, commercial and social infrastructure and services are available or can be provided in the most efficient and sustainable manner. Ensuring there is a sufficient supply of appropriately located residential, commercial, and industrial land across a region to meet the needs identified at regional level.

9 Development Hearings Panel Page 9 Environmental health and productivity Maintain and provide for the enhancement of environmental health and productivity of rural and hinterland landscapes by: Managing the impacts of settlement growth and development to deliver positive land use and natural resource management outcomes. Avoiding development impacts on land that contains high biodiversity values, landscape amenity, water conservation values, food production and energy production capacity, extractable resources and minerals, cultural heritage and recreation values, assets and recognised uses. Regional Victoria s competitive advantages Maintain and enhance regional Victoria s competitive advantages by: Ensuring that the capacity of major infrastructure (including highways, railways, airports, ports, communications networks and energy generation and distribution systems) is not affected adversely by urban development in adjacent areas. Focusing major government and private sector investments in regional cities and centres on major transport corridors, particularly railway lines, in order to maximise the access and mobility of communities. Providing adequate and competitive land supply, including urban regeneration, redevelopment and greenfield sites, to meet future housing and urban needs and to ensure effective utilisation of land. Strengthening settlements by ensuring that retail, office-based employment, community facilities and services are concentrated in central locations. Climate change, natural hazards and community safety Respond to the impacts of climate change and natural hazards and promote community safety by: Siting and designing new dwellings, subdivisions and other development to minimise risk to life, property, the natural environment and community infrastructure from natural hazards, such as bushfire and flooding. Developing adaptation response strategies for existing settlements in hazardous and high risk areas to accommodate change over time. Encouraging reduced energy and water consumption through environmentally sustainable subdivision and building design. Encouraging a form and density of settlements that support sustainable transport to reduce greenhouse gas emissions. Distinct and diverse regional settlements

10 Development Hearings Panel Page 10 Support the growth and development of distinctive and diverse regional settlements by: Encouraging high-quality urban and architectural design which respects the heritage, character and identity of each settlement. Ensuring development respects and enhances the scenic amenity, landscape features and view corridors of each settlement. Limiting urban sprawl and directing growth into existing settlements, promoting and capitalising on opportunities for urban renewal and redevelopment. Ensuring that the potential of land that may be required for future urban expansion is not compromised. Creating opportunities to enhance open space networks within and between settlements. Liveable settlements and healthy communities Promote liveable regional settlements and healthy communities by: Responding to changing community needs and facilitating timely provision of, and access to, social infrastructure and services. Encouraging the development of compact urban areas which are based around existing or planned activity centres to maximise accessibility to facilities and services. Improving the availability of a diverse range of affordable accommodation, including social housing, in locations with good access to transport, commercial facilities and community services. Supporting innovative ways to maintain equitable service delivery to settlements that have limited or no capacity for further growth, or that experience population decline Agricultural Productivity Objective To secure food, water and energy resources. Strategies Support new opportunities in farming, fisheries and energy in a changing climate. Support a productive, robust and self sustaining region by harnessing existing energy and natural resources while protecting and enhancing farming and natural assets. Protect critical agricultural land, energy and earth resources required to support a growing population by focussing development to existing township areas and directing growth to towns which provide rural services. Provide environmental and liveability benefits through the efficient and effective delivery of water infrastructure and services.

11 Development Hearings Panel Page Sustainable Agricultural Land Use Objective To encourage sustainable agricultural land use. Strategies 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 Protection of Agricultural Land Objective To protect productive farmland which is of strategic significance in the local or regional context. Strategies Ensure that the State s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use. Consult with the Department of Primary Industries and utilise available information to identify areas of productive agricultural land. Take into consideration regional, state and local, issues and characteristics in the assessment of agricultural quality and productivity. Permanent removal of productive agricultural land from the State's agricultural base must not be undertaken without consideration of its economic importance for the agricultural production and processing sectors. In considering a proposal to subdivide or develop agricultural land, the following factors must be considered:

12 Development Hearings Panel Page 12 The desirability and impacts of removing the land from primary production, given its agricultural productivity. The impacts of the proposed subdivision or development on the continuation of primary production on adjacent land, with particular regard to land values and to the viability of infrastructure for such production. The compatibility between the proposed or likely development and the existing uses of the surrounding land. Assessment of the land capability. Subdivision of productive agricultural land should not detract from the long-term productive capacity of the land. Where inappropriate subdivisions exist on productive agricultural land, priority should be given by planning authorities to their re-structure. In assessing rural development proposals, planning and responsible authorities must balance the potential off-site effects of rural land use proposals (such as degradation of soil or water quality and land salinisation) which might affect productive agricultural land against the benefits of the proposals. Planning for rural land use should consider: land capability; and the potential impacts of land use and development on the spread of plant and animal pests from areas of known infestation into agricultural areas. Clause 18 Transport Planning should ensure an integrated and sustainable transport system that provides access to social and economic opportunities, facilitates economic prosperity, contributes to environmental sustainability, coordinates reliable movements of people and goods, and is safe Land use and transport planning Objective To create a safe and sustainable transport system by integrating land-use and transport. Strategies Develop transport networks to support employment corridors that allow circumferential and radial movements. Plan urban development to make jobs and community services more accessible by: Ensuring access is provided to developments in accordance with forecast demand, Taking advantage of all available modes of transport and to minimise adverse impacts on

13 Development Hearings Panel Page 13 Existing transport networks and the amenity of surrounding areas. Coordinating improvements to public transport, walking and cycling networks with the ongoing development and redevelopment of the urban area. Concentrating key trip generators such as higher density residential development in and around Central Activities Districts, Principal, Major and Specialised Activity Centres on the Principal Public Transport Network Requiring integrated transport plans to be prepared for all new major residential, commercial and industrial developments. Requiring that substantial increases in activity in employment corridors are connected to the Principal Public Transport Network. Providing routing, bus stop and interchange arrangements for public transport services in new development areas. Providing safe, convenient and direct pedestrian and cycling access to activity centres, public transport interchanges and other strategic redevelopment sites. Integrate public transport services and infrastructure into new development Transport system Objective To coordinate development of all transport modes to provide a comprehensive transport system. Strategies Require transport system management plans for key transport corridors and for major investment proposals. Reserve land for strategic transport infrastructure. Incorporate the provision of public transport and cycling infrastructure in all major new State and local government road projects. Locate transport routes to achieve the greatest overall benefit to the community and with regard to making the best use of existing social, cultural and economic infrastructure, minimising impacts on the environment and optimising accessibility, safety, emergency access, service and amenity. Locate and design new transport routes and adjoining land uses to minimise disruption of residential communities and their amenity. Plan or regulate new uses or development of land near an existing or proposed transport route to avoid detriment to, and where possible enhance the service, safety and amenity desirable for that transport route in the short and long terms. Encourage higher land use densities and mixed use developments near railway stations, major bus terminals, transport interchanges, tramways and principal bus routes. Pedestrian and cyclists access to public transport should be facilitated and safeguarded.

14 Development Hearings Panel Page 14 Ensure transport practices, including design, construction and management, reduce environmental impacts. Ensure careful selection of sites for freight generating facilities to minimise associated operational and transport impacts to other urban development and transport networks. Consider all modes of travel, including walking, cycling, public transport, taxis and private vehicles (passenger and freight) in providing for access to new developments Management of the road system Objective To manage the road system to achieve integration, choice and balance by developing an efficient and safe network and making the most of existing infrastructure. Strategies Plan and regulate the design of transport routes and nearby areas to achieve visual standards appropriate to the importance of the route with particular reference to landscaping, the control of outdoor advertising and, where appropriate, the provision of buffer zones and resting places. Provide for grade separation at railway crossings except with the approval of the Minister for Transport. Make better use of roads for all road uses through such techniques as the provision of wider footpaths, bicycle lanes, transit lanes (for buses and taxis) and specific freight routes. Selectively expand and upgrade the road network to provide for: High-quality connections between Metropolitan Melbourne and regional cities, and between regional cities. Upgrading of key freight routes. Ongoing development in outer suburban areas. Higher standards of on-road public transport Improved key cross-town arterial links in the outer suburbs including circumferential and radial movement. Improve road networks where public transport is not viable, and where the road development is compatible with the Neighbourhood Principles and urban design objectives. Improve roads in developing outer-suburban areas to cater for car, bicycle, public transport, and freight, commercial and service users. Improve the management of key freight routes to make freight operations more efficient while reducing their external impacts. Ensure that road space complements land use and is managed to meet community and business needs.

15 Development Hearings Panel Page Car parking Objective To ensure an adequate supply of car parking that is appropriately designed and located. Strategies Allocate or require land to be set aside for car parking subject to the existing and potential modes of access including public transport, the demand for off-street car parking, road capacity and the potential for demand management of car parking. Encourage the efficient provision of car parking through the consolidation of car parking facilities. Prepare plans for the design and location of local car parking to: Protect the role and function of nearby roads, enable easy and efficient use and the movement and delivery of goods. Achieve a high standard of urban design and protect the amenity of the locality, including the amenity of pedestrians and other road users. Create a safe environment, particularly at night. Facilitate the use of public transport. Protect the amenity of residential precincts from the effects of road congestion created by on-street parking. Plan adequate provision for taxi ranks as part of activity centres, transport interchanges and major commercial, retail and community facilities. Local Planning Policy Framework Municipal Strategic Statement Rural Areas The objective of Clause of the Municipal Strategic Statement is to: Support the use of the northern, western and southern rural areas for productive agriculture. Ensure that rural areas provide an attractive setting through the preservation of a farmed rural landscape. Protect and enhance the Bellarine Peninsula as a productive rural area with highly significant landscapes based on farming and environmental features. Strategies Maintain rural land in large and productive parcels, in accordance with the schedules to the farming zones. Minimise non farming land uses in rural areas.

16 Development Hearings Panel Page 16 Ensure that any non farming land uses will not compromise farming activity in the area. Ensure development in rural areas respects the farmed landscape character, particularly significant landscapes identified through the Coastal Spaces Landscape Assessment Study. Ensure that new dwellings do not compromise the productive potential of land and are associated with the productive agricultural use of the land. Encourage agricultural development with export potential and specifically encourage aquaculture and horticulture activities in the rural areas around Avalon Airport. Local Planning Policies Agriculture, Rural Dwellings And Subdivision The objective of Clause of the Local Planning Policy Framework is to: support the ongoing use of the rural areas for agriculture and to preserve their farmed rural landscape. 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. 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. limit development of new dwellings on prime or high quality agricultural land Referrals The proposal was referred to the following internal units of Council with their responses included below. Engineering Services: Drainage: Proposal includes no new infrastructure. Any run-off will be via distributed surface flows as is typical in the area, and the site falls generally toward the southeast corner. Vehicle Access & Car Parking: Permit documentation indicates proposed truck movements could generally be as low as 2 per day. If this is the case the existing access onto Avalon Rd will suffice. However, if the truck movements are increased, the crossover may need to be properly surfaced (asphalt) between the edge of seal and building line. Please refer to Traffic's referral response for any other advice in relation to vehicle movements etc. Permit Conditions:

17 Development Hearings Panel Page 17 The site must be drained to the satisfaction of the Responsible Authority and no concentrated storm water may drain or discharge from the land to adjoining properties. Response: Council's Engineering Services have no objection to the proposal. The above condition are recommended to be included on any permit should it be issued. Traffic Engineering: Car Parking Provision & Design The use of storage containers is not listed in Table 1, ; therefore parking provision is to the satisfaction of the Responsible Authority. An area of about 45 x 7m (scaled from plan) has been set aside for car parking. Considering parking spaces are not marked, the area is likely to be able to accommodate up to 15 car parking spaces. As 20 trucks are to be stored on site, it is required that the car parking area be expanded to accommodate 20 vehicles (allow 3 m width for each space). Truck Parking Provision & Design Truck parking is not defined. The parking and turning area defined for trucks is not adequate to park the expected maximum of 20 trucks Aerial photographs taken over the last year illustrate that the area indicated on the plan submitted by the applicant would accommodate up to eight (8) trucks. The application is for the accommodation of the maximum of 20 trucks. A plan outlining the parking location of all 20 trucks is required to be provided. The parking area of the trucks and cars must be covered with the minimum of 150 mm deep, mixed crushed rock so that dust and mud is kept under control. The existing access is a typical farm property access and not suitable for the potential 80 vehicle movements per day. Damage to the road surface can be detected in aerial photographs of the access to the subject site. The existing vehicle access must be removed. Swept path diagrams are required for the longest vehicle expected to visit the site. The new vehicle crossing must be designed so that vehicles turning left can exit the site without crossing the road centre line and create hazardous conditions for through traffic at this location. The new vehicle crossing must be sealed from the road edge to the property boundary and fitted with box culverts to Council's specification and satisfaction. Further to the above landscaping close to the vehicle access must be maximum height of 0.9 m to maintain clear line of sight. Pedestrian access, separate to vehicular access must be provided between the truck parking area and the car parking area. The path must be lit appropriately as trucks are likely to arrive and depart at all hours. Traffic Generation The applicant has advised that the maximum number of trucks to be store on site is 20. The drivers would be requiring their private vehicles to drive to and from the site when the trucks are stored. It is expected that there are likely to be 40 truck movements per day and 40 car movements assuming all trucks are stored on site for 24 hours. If the

18 Development Hearings Panel Page 18 trucks are stored on site for 12 hours the number of movements doubles to 80 movements each. Traffic generation from this proposal is expected to be absorbed by existing road network at this location. Permit Conditions The application will be supported subject to the following conditions: 1. Vehicle crossings: Before the use begins existing vehicle crossing must be removed and a vehicle crossing suitable for the proposed use must be constructed in accordance with the endorsed plan(s) to the satisfaction of the Responsible Authority, and shall comply with the following: a. Vehicular crossing shall be constructed at right angles to the road b. Accessways shall cross the road reserve boundary at right angles c. Vehicle crossing to be sealed with an impervious surface from the edge of Avalon Road to the property boundary d. To enable all vehicles to exit/enter the site in a forward direction e. Swept path diagrams for proposed vehicle crossing in Avalon Road f. Proposed vehicular crossing shall have satisfactory clearance to any existing utility pole or pit. g. Vehicle crossing shall be in accordance with the requirements of the Responsible Authority 2. Amended Plans: Before the use starts, 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 three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show but not be limited to: a. Fully dimensioned, revised vehicle crossing based on swept path diagrams as indicated above b. Fully dimensioned, revised car parking spaces for 20 vehicles c. Fully dimensioned, revised truck parking spaces for 20 trucks supported by swept path diagrams to demonstrate movements on site by the trucks d. Details for pedestrian access connection between the car and truck parking areas e. All parking areas must be covered with crushed rock and maintained in good condition for the life of the enterprise to minimise the development of dust and mud f. The parking areas must be appropriately illuminated with lighting designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land. Response: Council's Traffic engineers have no objection to the proposal. The above conditions are recommended to be included on any permit should it be issued.

19 Development Hearings Panel Page 19 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 placed on the land A notice was placed in The Independent Newspaper Twenty-six (26) objections and one (1) petition have been lodged with Council. The objections are summarised and responded to as follows: Objection Impact on amenity to surrounding residents from increased traffic noise and light and other emissions. Comment The extensive hours proposed for the truck depot in this location are considered inappropriate given the sites proximity to existing dwellings within the Rural Living Zone. The number and type of vehicle movements expected could be disruptive to nearby residents, particular as the operation intends to commence at 5.00am Monday to Saturday and as early as 6.00am on Sunday. In particular noise from trucks entering and exiting the site (including revving engines to warm them up in the early morning period) and light emissions are of concern. This is a rural area that generally is expected to have very low background noise outside of daytime hours. It is acknowledged that the area is primarily used for rural activities, which makes the area not unfamiliar with trucks on the roads. Often agricultural actives are confined to harvest times and are regarded as short, necessity based noise with living in a rural area. This is quite different to the impact of truck noise associated with coming and going regularly for purposes that are not related to the farming of the immediate area. An extensive truck operation that is independent of any rural based activity where the primary access to the site is within 120 metres of existing dwellings is not considered to be a typical outcome for this locality. Objection There is little significant difference between the new Permit Application 1200/2015 and the earlier Application We acknowledge that there is a need for truck storage facilities in the region. Such an operation is an industrial activity that

20 Development Hearings Panel Page 20 should be located in a zoned industrial area such as Heales Road, Lara or the Geelong Ring Road Employment Precinct. This is not an activity that should be approved for use in the Farm Zone. Comment The assessing officer does not disagree with the above mentioned statement, and a detailed response against the zone and planning policies are included later in this report. Objection Impact to existing road network from additional truck movements. The movement of trucks and containers would compound current problems of deteriorating road surfaces particularly at the Avalon Road roundabout for traffic moving off the Princes Highway and crossing the overpass. Comment The application has been referred internally to Council's Engineering and Traffic Units. Both of these departments have responded with no objections to the proposal, subject to conditions being included on any planning permit issued. That said, the actual impact to the road network including condition, is not clear and therefore no reasonable conclusion can be made to confirm that the proposal will not have an impact. Objection The proposal is better suited to an industrial area. Comment It is agreed that the proposed land use is considered a more appropriate land use for industrially zoned land, rather than farming zoned land. It is acknowledged that the proposal does not promote the purposes of the zone as they relate to the preservation of agricultural land and associated uses and protecting rural landscapes Objection Fire Risk with Truck Fuel, Tyres and many cars parked on this property If there was a Fire it would spread very quickly to surrounding Farm property and adjoining grazing properties which is 360 acres of grazing and 80 acres of farm crops also with Residential properties across the road from this site and it could be a disaster waiting to happen. Comment Truck parking is not a high risk fire activity, nor is the site identified as being within the Bushfire Management Overlay. It is the responsibility of the business owner and operator

21 Development Hearings Panel Page 21 to ensure the appropriate risk management and emergency procedures are developed for the site. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. CONSULTATION A consultation meeting was not held at the request of the applicant. Assessment It is considered that the proposal fails to satisfactorily respond to the Farming Zone, relevant State or Local planning policies or Clause 65 of the Greater Geelong Planning Scheme. In general, both State and Local Policy seek to support and enhance agricultural pursuits by ensuring future development does not result in the permanent removal of productive agricultural land or inhibit the continuation and development of existing agricultural uses. These objectives are reiterated in the purpose of the Farming Zone. It is therefore necessary for an application of this nature to be able to satisfactorily demonstrate that the agricultural production of the land not be diminished on either the subject allotment or that of surrounding allotments. State policy to protect farming land is also reinforced in specific local policy at Clause support the ongoing use of the rural areas for agriculture and to preserve their farmed rural landscape Whilst the site is not at present used for agriculture or rural production, Council must consider whether the site is suitable for the use and whether the proposal is compatible with adjoining and nearby land uses as required by the purposes and decision guidelines set out in the Farming Zone. The primary purpose of the application is for trucking that is not dependent upon this particular location or upon the land resource on which it sits. A truck depot for 20 trucks, with extensive grave hard stand and a Store consisting of 27 shipping containers is at odds with the purposes of the Farming Zone. The operation hours are also not consistent with the expectations of a farming area. It is acknowledged that the area is primarily used for rural activities, which makes the area not unfamiliar with trucks on the roads. An extensive truck operation that is independent of any rural based activity where the primary access to the site is within 120 metres of existing dwellings is not considered to be a typical outcome for this locality. The use of the land for a Store that has no association with agriculture or rural production is considered to be inappropriate for this site and will have a detrimental impact on the existing farming and rural living character and amenity. A Store of the scale proposed (27 shipping containers) is considered to be more akin to an industrial/commercial type activity and also fails to respond to the purposes of the zone.

22 Development Hearings Panel Page 22 In addition to the decision guidelines relating to agricultural issues and the impacts from non-agricultural uses, the proposal must also satisfy the decision guidelines of the zone as they relate to design and siting. More specifically, this area is characterised by rural residential development that is generally low scale with informal driveways and open rural landscapes. The extensive gravel driveway, truck parking and shipping containers are highly visible from the road and will have an adverse impact on the local landscape and will also impact on views across this area from the freeway off ramp. Dwellings and agricultural buildings in this area are generally setback behind existing vegetation and are of appropriately muted tones so as to blend with the landscape. While there is existing vegetation along the frontage of this site which serves to screen the dwelling and existing outbuildings, the location of the truck parking and shipping container storage area is highly visible and does not have the benefit of existing vegetation to assist in screening. The site being currently used for this purpose has enabled the full visual impact of the proposal to be observed. There has also been no attempt to minimise any adverse impact on the character and appearance of the area. The applicant proposes additional tree planting at the northern boundary to assist in screening the shipping containers. It is unlikely however (unless mature species are planted) that the trees will be effective in screening the parking and storage areas in the short to medium term. In terms of orderly planning, while its is not the role of this application to consider whether another site is more suitable, clearly the scale of this proposal is beyond what could be considered reasonable (e.g. one or two trucks associated the occupation of a resident of the site) and therefore should be located within an industrial zone. 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 application has been assessed against the farming zone and relevant State and Local Planning Policy contained within the Greater Geelong Planning Scheme. It is considered that the proposal does not satisfactorily respond to the purposes or decision guidelines of the Farming Zone, State and Local Planning Policies, and Clause 65 of the Greater Geelong Planning Scheme. Report prepared by Lisa Laskovski