section 86 development assessment …...satwinder sandhu discussion 6. next meeting 11 march, 2015...

AGENDA SECTION 86 DEVELOPMENT ASSESSMENT

COMMITTEE

WEDNESDAY 11 February, 2015 James Young Room, Lerderderg Library, Bacchus Marsh

2.00pm – 4.00pm Committee Members: Cr Allan Comrie, Cr Tonia Dudzik, Cr John Spain, Cr Paul Tatchell

ITEM TITLE RESPONSIBILITY PAGE NO ACTION REQUIRED

1. Welcome, Present & Apologies Chair Noting

2. Conflict of Interest Chair Noting

3. Terms of Reference Chair Page 2 Noting

4. Growth & Development Reports Satwinder Sandhu Discussion

4.1 Planning Application 2014 141 411 Bacchus Marsh Road, Bacchus Marsh

Satwinder Sandhu / Sian Smith Page 7 Resolution

4.2 Planning Application 2013 192 33 Crook Court, Ballan.


4.3 Planning Application 2014 134 22 Davies Street, Darley


4.4 Planning Application 2014 105 41 and 43 Edols Street, Ballan.


4.5 Planning Application 2014 172 Mahars Road, Warrenheip


4.6 Planning Application 2013 070 Geelong – Bacchus Marsh Road, Parwan


5. Update on trends, issues & other matters Satwinder Sandhu Discussion

6. Next Meeting 11 March, 2015 2:00pm – 4:00pm Council Chambers, Ballan

Chair Noting

7. Meeting Close Chair Noting

of 111

Attachment 1 Terms of Reference Section 86 Development Assessment Committee

TERMS OF REFERENCE DEVELOPMENT ASSESSMENT COMMITTEE

The Development Assessment Committee has been established under Section 86 of the Local Government Act 1989.

Membership

Membership of the Committee will comprise four (4) Councillors as appointed by Council. The membership of the S86 Development Assessment Committee shall be reviewed annually at the Statutory and Annual Appointments Meeting of Council.

The General Manager Growth & Development or his/her delegate, along with planning officers and support staff will attend each Committee Meeting in a non-voting capacity.

If a position on a Committee becomes vacant the Council shall appoint another Councillor to the Committee.

Appointment of Chairperson

The Chairperson will be appointed by Council or the Committee, and reviewed each year at the Statutory and Annual Appointments Meeting of Council.

Where an appointed Chairperson is vacant for a meeting the Committee will appoint a replacement Chairperson for that meeting.

Quorum

A quorum for the meeting will be three (3) Councillors.

It is expected that if a Councillor is unable to attend the meeting then he/she will nominate and arrange a proxy to attend on their behalf.

Conduct of Meetings

Meetings are conducted in accordance with the provisions of the Local Government Act 1989 and Council’s Meeting Procedure Local Law.

Frequency and Location of Meetings

Meetings of the S86 Development Assessment Committee will be held on the second Wednesday each month between the hours of 2.00pm and 4.00pm.

Meetings will alternate between the Council Chambers in Ballan and the James Young Room, Lerderderg Library, Bacchus Marsh. Additional meetings can be called by the Chairperson or two members of the Committee.

Meetings will be advertised and open to the public, except where the meeting is closed pursuant to the provisions of Section 89(2) of the Local Government Act 1989.

Section 86 Development Assessment Committee Meeting - 11 February, 2015 of 111

Committee Functions 1. To act as delegate of Council in determining certain below mentioned planning

applications made under the Planning and Environment Act 1987: The types of planning applications that will be referred to the Committee are:

a. Applications for single dwellings, multiple dwellings and/or buildings and works

ancillary to a dwelling where: i. There are unresolved* objections from five (5) or less separate properties.

b. Any other applications for use and/or development of a property and/or the

subdivision of land where there are unresolved* objections from ten (10) or less properties. *Unresolved objections is an objection that is considered by the General Manager Growth & Development or delegate to have planning merit and which has not been addressed by the imposition of conditions of consent.

c. Where the applicant or owner is Moorabool Shire Council, a Councillor or senior officer of staff; and

d. Any other planning application which is delegated to staff, where:

i. It has been ‘called in’ by a Councillor to be heard by the subject committee, or

ii. It is determined by the General Manager Growth & Development that a planning application is of a sensitive nature and/or has significant associated impact, and needs to be referred to the committee.

2. To provide advice to the Council on trends, issues and other matters relating to planning

or development that have become apparent or arisen through the Committee’s assessment of applications under the Act; and

3. To perform other functions assigned to the Committee by the Council. Committee Delegations The Committee will have delegated authority to hear submissions and decide upon planning permits within its delegation. Applications outside this delegation and outside the Instrument of Delegations for Council staff will be referred directly to Council for resolution. Notwithstanding above, a Councillor may also call for any planning application to be heard either at the S86 Development Assessment Committee or to an Ordinary Meeting of Council with a written notice to the CEO. For further details refer to S86 Development Assessment Committee Protocol for Calling in Planning Applications. (Schedule 1) Committee Meeting Procedure Agenda Distribution A list of items for the S86 Development Assessment Committee meeting will be included in the Councillor delivery (to all Councillors) two weeks prior to the scheduled meeting date.


The full Agenda for the S86 Development Assessment Committee meeting will be included in the Councillor delivery (to all Councillors) on the Friday prior to the scheduled meeting date. Calling an Item to Council Once the agenda has been prepared and circulated, a Councillor may request a specific agenda item to be determined by all Councillors at an Ordinary Meeting of Council rather than by the Committee. Councillors may call any agenda item to Council for determination by submitting written notice to the CEO and following the procedure identified in the S86 Development Assessment Committee Protocol for Calling in Planning Applications. (Schedule 1) If an item is called to Council, the Chairperson will advise the public present at the Committee meeting when the next Ordinary Meeting of Council will be held to consider the "called item". Late Correspondence Late correspondence may be submitted to the Committee meeting: • By anyone wishing to provide additional information to the Committee on a listed agenda

item. • It must be received prior to 12.00pm on the day of the meeting. • It will be distributed to all Committee members at the start of the meeting. Meeting Procedure and Public Addressing the Committee Meeting The proceeding of the meeting will be as per the requirements of the Local Government Act 1989 and Council’s Local Law No. 8 in reference to Council meeting procedures. Members of the public may address the Committee on any planning application listed on the agenda. Members of the public are encouraged to register to speak as outlined in the correspondence circulated to all objectors and applicants advising when a Planning Application is being heard. If a member of the public has not registered to speak to an item prior to a meeting they will be afforded the opportunity to register their interest to speak by completing the speaker registration form upon arrival at the meeting venue. When an item is called for consideration, the Chairperson will ask whether there is anyone present who wishes to address the meeting. At this stage each person will be individually invited to come forward and make their presentation. If a large number of people wish to address the Committee meeting on a particular item, it will be at the discretion of the Chairperson to determine, with a view to fairness of representation, how many people may address the meeting. Each person will be allowed to speak for three minutes. Members of the Committee may ask speakers questions or seek clarification of the matters raised by the speaker. At the conclusion of questions from Committee members to the person making the submission, the speaker is to resume their seat and take no further part in the debate unless specifically called to do so by the Chairperson.


After a submission, a member of the Committee may ask Council staff to comment on the matters raised by the speaker. Outcomes from the Committee The Committee may make the following decisions: • Adopt the Council Officer's recommendation without change This becomes the decision of Council and Council staff will take action to implement the decision. • Adopt the Council Officer's recommendation with changes This becomes the decision of Council and Council staff will take action to implement the decision. • Adopt some other recommendation This becomes a deferred decision of Council for a period of one (1) week. If the application is not called in by any Councillor within the one (1) week period the decision becomes final and Council staff will take action to implement the decision. However, if the application is called in, it will be referred to an Ordinary Meeting of Council for decision making and the Committee’s determination lapses. • Defer the matter to a future Committee meeting The Committee may require additional information from interested parties or Council staff and therefore may defer the matter to a future Committee meeting to allow the additional information to be obtained. • Refer the matter to Council for determination The Committee may decide to refer the matter to Council for consideration. If this occurs the Committee may make a recommendation for Council to consider. The Chairperson will advise the members of the public present at the Committee meeting when the Ordinary Meeting of Council will be held to consider the recommendation. After the Meeting After each meeting Council staff will implement the decision of the Committee. Staff will also forward letters to all parties that made a formal submission to Council, advising the Committee’s decision. Minutes of the meeting Minutes of the meeting will be available on the following Monday after the meeting on Council's website. Review of Terms of Reference The Terms of Reference of the S86 Development Assessment Committee will be reviewed by the Committee annually.


S86 Development Assessment Committee Schedule 1 Protocol for Calling in Planning Applications (a) Any Councillor may call in an application which would fall to be dealt with by officers

under delegated powers to be determined either by the:

a. S86 Development Assessment Committee, or b. At an Ordinary Meeting of Council.

(b) If a Councillor is considering calling in an application which is not located in their Ward,

the Councillor must inform the Councillor/s of that Ward prior to calling in the application. (c) Requests for planning applications to be called in must:

a. Be in writing (including email) to the CEO; b. Be supported by one (1) other Councillor; c. State if the application is to be called in if the officer’s recommendation is for

refusal or approval (but not both); and d. Give reasons to why the Councillor is requesting the application be called in.

(d) Furthermore, once the agenda for the S86 Development Assessment Committee has

been prepared and circulated a Councillor can also call in a specific agenda item to be determined by Council at an Ordinary Meeting of Council rather than the Committee.

The Councillor considering calling in an Agenda item to an Ordinary Meeting of Council will be required to adhere to section two (2) and three (3) of this protocol, except three c (3c).


Attachment 2 Agenda Item 4.1; Planning Permit Application 2014 141 Use and Development of a Restaurant (Cafe) at Lot 1 on TP 019334C, 411 Bacchus Marsh Road, Bacchus Marsh.

Application Summary:

Permit No: PA2014 141

Lodgement Date: 16 June, 2014

Planning Officer: Robert Fillisch

Address of the land: 411 Bacchus Marsh Road, Bacchus Marsh

Proposal: Use and Development of a Restaurant (Cafe)

Lot size: 0.2973 hectares

Why is a permit required? Clause 35.07-1 – Farming Zone – Use land for the purpose of a Restaurant (Café)

Clause 35.07-4 – Farming Zone – Buildings and works

Clause 42.01-2 – Environmental Significance Overlay Schedule 2

Clause 43.01-1 – Heritage Overlay construct or carry out works

Public Consultation:

Was the application advertised? The application was advertised.

Notices on site: One (1) Notice in Moorabool Newspaper: No

Number of Objections: One (1)

Consultation meeting: None held.

Policy Implications:

Key Result Area Enhanced Infrastructure and Natural Built Environment.

Objective Effective and efficient land use planning and building controls.

Strategy Implement high quality, responsive, and efficient processing systems for planning and building applications

Ensure that development is sustainable, resilient to change and respects the existing character.


Victorian Charter of Human Rights and Responsibilities Act 2006

In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.

Officer's Declaration of Conflict of Interests

Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager – Sian Smith In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Robert Fillisch

In providing this advice to Council as the Author, I have no interests to disclose in this report.

Executive Summary:

Application referred? The application was referred externally to Melbourne Water, Southern Rural Water, Western Water and VicRoads. The application was also referred internally to infrastructure and environmental health.

Any issues raised in referral responses? None raised.

Preliminary Concerns? This application relates to the expansion of the café approved under PA2012 185. The planning scheme has changed the farming zone provisions significantly since the issue of PA2012 185.

Any discussions with applicant regarding concerns

Discussions were held with the owner on how to best integrate the proposal with the existing planning permit of PA2012 185. It was considered that amending this application to include the use of the café would enable a permit to be issued that would cater for the changes to the farming zone. This would allow for the removal of permit conditions which are now considered inappropriate.

Any changes made to the application since being lodged?

The applicant amended the application to include the use of the restaurant which was previously approved under PA2012 185. This was done on the basis that should this application be approved it would contain a complete set of conditions relating to the use and development of the site. It was agreed to amend this application with a requirement to cancel the previous permit PA2012 185 within three months of the occupation of the new café building.

VCAT history? See body of report


Previous applications for the site? See body of report

General summary The application seeks to include an additional building within the site to relocate the existing café/juice bar. This will increase the number of patrons from 18 to 60.

The works also includes additional car parking which is in compliance with the requirements of the scheme.

This application has been amended in progress to address issues with changes to the farming zone provisions introduced in September 2013.

The proposal will see the cancelling of PA2012 185 which provided approval for the existing café/juice bar and tying the approved use into this approval with updated and relevant condition.

Summary Recommendation:

That, having considered all relevant matters as required by s.60 of the Planning and Environment Act 1987, Council issue a Notice of Decision for Use and Development of a Restaurant (Cafe) at 411 Bacchus Marsh Road, Bacchus Marsh.

Public Notice The application was notified to adjoining and surrounding landowners and, by sign on site for the period 31 July 2014 to 25 August 2014. One objection was received. The application was readvertised after the application was amended to include the use of the café with notification to adjoining and surrounding landowners and by sign on site for the period 9 December 2014 to 2 January 2015. No further objections were received.

Objection Any relevant requirements

Parking Issues Clause 52.06

Officer’s response – The applicant has provided in excess of the required car parking spaces

Provision of Public Toilets To be assessed

Officer’s response - The new development will include additional toilets which will not be public but be available to customers of both uses.

Hours of operation To be assessed

Officer’s response - The applicant has amended the application including amending the hours of operation to what the objector considers acceptable.

The applicant has responded to the objectors concerns with the amended application.


Site History The subject site being Lot 1 on TP 19334C is used as a produce stall and restaurant which predominately sells coffee, cake and fruit and vegetable produce. The existing café is operating under previous planning permit PA2012185 issue on 8 April 2013. The site is 2.94ha and contains the produce stall, cafe and gravel car park. There is also a dwelling under renovation. The dwelling has not been occupied for several years and does not have the Farming Zone existing use rights. In 2005 the land owners applied to Council to change the use of the existing dwelling on the site to a restaurant (tea rooms) and on 23 November 2005 at an Ordinary Meeting of Council it was resolved to grant a notice of decision for a planning permit to use the land for a restaurant (tea rooms), buildings and works, including a car park and associated landscaping. The matter was appealed at VCAT by the applicant (P3389/2005), with regard to conditions and by an objector (P3339/2005) to the particular use proposed. The applicant sought to withdraw the appeal and on 7 February 2006, the Member, Deputy President Helen Gibson granted and Order which gave leave to withdraw the appeal no. P3389/2005. On 15 and 16 March 2005 the objector’s appeal was heard before Member Mary-Anne Taranto. Member Taranto’s decision on 8 May 2006 ordered that the decision of Moorabool Shire Council be set aside and directed that no permit must be granted in relation to permit application 2005 288 [Spurr v Moorabool SC [2006] VCAT 781 (8 May 2006)]. The Member’s reasons for the order are relevant as they must be considered in the assessment of this proposal and the applicant must show that they are or can achieve the points made in the Order. The decision was used as the basis for the approval of PA2012 185. At the time of the decision of PA2012 185 the provisions of the Farming Zone were quite onerous. The provisions of the Farming Zone were amended by the State Government in September 2013 relaxing the onerous provisions. Proposal The applicant seeks a planning permit for use of the land for a Restaurant (Café / Juice Bar). The use of the land was approved under PA2012 185 with a limit of 18 patrons. This application seeks to use another building on the property which was used as a dwelling in the past. The applicant seeks to increase the patron numbers from 18 to 60 with hours of operation of 6:00am till 8:00pm seven days a week. The site retains fourteen car parking spaces and an area to the north east that is used for both the existing café and fruit shop. An additional 24 car parking spaces north of the new restaurant building. This parking area will be paved with an asphalt surface. The applicant will provide three external toilets which will be available for both uses on the land. Access is via an existing crossover and accessway from the Avenue of Honour.


http://www.austlii.edu.au/au/cases/vic/VCAT/2006/781.html

The property is connected to reticulated sewerage, town water, has an agricultural water supply, and other utilities. Previous Planning Permits A search of Council records reveals that the following permits have been issued on the subject land: • PA2003 070 was granted on 7 October 2003 for development of a car park. It was

subsequently amended on 18 February 2005 to delete conditions 5 & 8 and reword conditions 3 & 4 and further amended on 25 May 2005 by Council Resolution to include a condition 16;

• PA2003 251 was granted on 25 November 2003 for development of additions to a

dwelling; • PA2004 151 was granted on 16 July 2004 for development of additions to a dwelling; • PA2005 288 for use of an existing building (dwelling) as a Tea Room was refused by

VCAT Order dated 8 May 2006; and • PA2012 185 was granted on 8 April 2013 for the use for a restaurant (café/juice bar) in

association with an existing agricultural use. Site Description An inspection of the site and surrounding area was undertaken on 8 December, 2014. The subject site is located on the northern side of The Avenue of Honour. The site is irregular in shape having an overall site area of approximately 3000sqm. The land parcel forms part of a larger farm holding separated by other land parcels not in the same ownership. The subject site is currently used for vegetable/fruit farming, a retail produce outlet and associated car parking and café together with associated shedding. There is also an existing building, which was previously a dwelling and the subject of the 2005 VCAT Order. There is existing access to the site via Bacchus Marsh Road (the Avenue of Honour). The produce stall and café has a front awning which is setback less than 5m from the road. The overall floor area is approximately 310sqm comprising the produce stall approximately 250sqm in floor area and the café approximately 60sqm in floor area. The surrounding area is primarily used for farming, while the Avenue of Honour has its own unique character and has over time developed numerous produce outlets which form a strong link to tourism and local residents. The land gradually slops to the north, north east towards the Lerderderg River and strong agricultural pursuits, particularly orchards and associated rural industry is evident. The property is located approximately 1.4km east of the commencement of the Bacchus Marsh Residential area and 2km from the centre of the Bacchus Marsh business district.


Subject site Locality Map The site below indicates the location of the subject site and the zoning applicable to the surrounding area.


Planning Scheme Provisions Council is required to consider the Victoria Planning Provisions and give particular attention to the State Planning Policy Framework (SPPF), the Local Planning Policy Framework (LPPF) and the Municipal Strategic Statement (MSS). The relevant clauses are: Clauses 11.05-2, 11.05-3, 14.01-1, 14.01-2, 14.02-2, 21.01-2, 21.04-1 and 21.07-1. Zone Farming Zone The subject site is in the Farming Zone. Pursuant to Clause 35.07-1, Table of Uses a planning permit is required to use a Restaurant on the land. Since the changes to the Farming Zone in September 2013 there is no requirement for a restaurant use to be in conjunction with an agricultural activity. The Purpose of the Farming Zone is to implement the State and Local Planning Policy Frameworks, including the Municipal Strategic Statement and local planning policies and to: • Provide for the use of land for agriculture;

• Encourage the retention of productive agricultural land;

• Ensure that non-agricultural uses, including dwellings, do not adversely affect the use of

land for agriculture;

• Encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision; and

• Encourage the retention of employment and population to support rural communities. Heritage Overlay HO47 – The Avenue of Honour Elms A permit is required to carry out works within this overlay. The purpose of the HO47 is to protect the integrity of the Elm Trees in the Avenue of Honour. The purpose of the overlay, relevant to this application are: • To conserve and enhance heritage places of natural and cultural significance;

• To conserve and enhance those elements which contribute to the significance of

heritage places; and

• To ensure that development does not adversely affect the significance of heritage places.

Design and Development Overlay – Schedule 2 The site is covered by the Design and Development Overlay – Schedule 2.


Pursuant to Clause 43.02-2 of the Moorabool Planning Scheme a permit is required to construct a building or construct or carry out works unless the schedule to the Overlay says that a permit is not required. The schedule to the Overlay states that a permit is only required if the development is to be constructed with reflective materials. In this instance a permit is not triggered as no reflective materials are proposed to be used. Environmental Significance Overlay – Schedule 2 A permit is required pursuant to Clause 42.01-2 to carry out works for the car park as this overlay affects the north-eastern corner of the land. Consideration must be given to the effect any proposed development may have on the quality and quantity of water within a waterway and on flora and fauna habitats located close to those waterways. Also, the impact of the proposal on soils and the need to prevent soil erosion. Particular Provisions Clause 52.06 Car Parking Car parking requirements under this provision require 0.4 spaces for each patron permitted. The café is limited to 60 patrons equating to 15 spaces, an additional 24 spaces will be provided with this development. The produce stall which may be assessed for car parking under the definition of primary produce sales must provide 4 car spaces for each 100sqm of leasable floor area. This equates to a total of 19 car parking spaces. The subject site contains 14 existing car spaces and the new development with add an additional 24 creating a total of 38 parking spaces. It would be necessary to provide at least one car space to disabled parking standards and should a notice of decision to grant a permit be given the proponent will provide an additional 24 car parking spaces, one of which is designated for disabled parking. 52.07 Loading and Unloading Pursuant to the provision land must be set aside for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety. The site already makes adequate provision for a loading/unloading area. Clause 52.29 Land Adjacent to a Road Zone Category 1, or a Public Acquisition Overlay for Category 1 road. A permit is triggered where access is to be created to a Road Zone Category 1. Relevant Policies Council adopted the Rural Growth Policy Statement at the OMC of the 5th September 2012. Council can give weight to this document under the provisions of section 60(1A) (g) of the Planning and Environment Act 1987. This policy seeks “To articulate the Council’s support for resilient and integrated rural communities and agricultural enterprises”. This policy has been considered to the extent appropriate in the writing of this report.


Discussion The initial application was to use an existing unoccupied building for the purpose of a café. The proposal is to relocate the existing café approved under PA2012 185 into the unused building. This includes an increase in patron numbers from 18 to 60. The application was amended by the applicant after discussions with Council as there was concerns this application only dealing with buildings and works and not the use. By amending this application it gave Council the ability to include the number of patrons in the permit. It also provided opportunity to review conditions which were a requirement when PA2012 185 was approved. The provisions of the farming zone were amended in September 2013 reducing the requirement for some alternate uses to be directly in conjunction with agricultural activities. The Avenue of Honour is an area where much development has occurred over time that is not in conjunction with agriculture but more in tune with tourism. As such the requirements of a Section 173 Agreement have been reviewed and the condition removed. The buildings and works proposed include the increase of car parking. Should the area currently used for car parking in the adjoining property to the west become unavailable the new car parking area will provide sufficient car parking in compliance with the scheme. Therefore the previous condition of consolidation is now not required. It is considered that PA2012 185 will no longer be relevant once the café is moved to the new building as all the conditions have been converted into the new permit. It is reasonable for the applicant to be given three months after the occupation of the new café building to cancel the previous permit PA2012 185. This has been agreed to by the applicant. General Provisions Clause 65 – Decision Guidelines have been considered by officers in evaluating this application. Clause 66 - stipulates all the relevant referral authorities to which the application must be referred. Referrals The following referrals were made pursuant to s.55 of the Planning and Environment Act 1987 and Council departments were provided with an opportunity to make comment on the proposed development plan.

External Authority Response

Melbourne Water

Western Water

Southern Rural Water

VicRoads

No objection

No objection subject to conditions


No objection

Internal referral Response

Infrastructure

Environmental Health


No objection


The external Referral Authorities have provided responses not unusual to this type of development. Financial Implications The recommendation to refuse a permit for subdivision of the land will not represent any financial implications for Council other than the potential for the matter to be taken to VCAT for review. Risk and Occupational Health and Safety Issues The recommendation of refusal of this development does not implicate any risk or OH&S issues for Council. Communications Strategy Notice was undertaken for the application, in accordance with s.52 of the Planning and Environment Act 1987, and further correspondence is required to all interested parties to the application as a result of a decision in this matter. The applicant was invited to attend this meeting and invited to address Council if desired. Options A refusal could be issued for this proposal however it would be likely to be appealed given the approval of similar uses and developments along the Avenue of Honour. Conclusion The proposal is generally consistent with the relevant policies contained within the Moorabool Planning Scheme. The subject land is located within the farming zone of Bacchus Marsh and has access to essential services. The proposal provides for an appropriate development of farming land which has been previously approved and has been assessed against the relevant sections of the Moorabool Planning Scheme, and found to be supported by the policies therein. The application should be issued with a Notice of Decision to Grant a Permit. Recommendation: That Council having considered all relevant matters as prescribed by s60 of the Planning and Environment Act, issue a Notice of Decision to Grant a Planning Permit for Use and Development of a Restaurant (Cafe) at Lot 1 on TP 019334C, 411 Bacchus Marsh Road, Bacchus Marsh, subject to the following conditions: 1. The use and development as shown on the endorsed must not be altered without

the written consent of the Responsible Authority. All buildings and works must be constructed and or undertaken in accordance with the endorsed plans to the satisfaction of the Responsible Authority prior to the commencement of the use. All buildings and works must be located clear of any easements or water and sewer mains/septic tank and effluent lines unless written approval is provided by the relevant authority.

2. Planning Permit PA2012 185 is to be cancelled within 3 months of occupation of the new restaurant building.

3. The café must not seat more than Sixty (60) patrons at any one time unless with

the written approval of the responsible authority.


4. The use may operate only between the hours of 6:00am and 8:00pm seven (7) days a week unless with the written approval of the responsible authority

5. Business Identification Signage must be in accordance with Clause 52.05

(Advertising Signs) of the Moorabool Planning Scheme unless with the written approval of the responsible authority.

6. A minimum of 19 car spaces including one disabled must be maintained on the

site at all times.

Infrastructure

7. A standard urban industrial vehicle crossing must be provided on Bacchus Marsh Road to the satisfaction of the Responsible Authority. a) The access must be designed and constructed to provide protection for the

“Avenue of Honour” Elm Trees on either side of the vehicle crossing.

b) An arborist report must be undertaken prior to design of the crossover to assess the impact on Avenue of Honour trees. Recommendations from the report must be incorporated in the design and construction of the crossover to the satisfaction of the responsible authority.

c) A vehicle crossing permit must be taken out for the construction of the vehicle crossing.

8. Prior to the development and use commencing, engineering drainage plans and

computations must be submitted to the Responsible Authority for approval and shall incorporate the following:

a) The development as a whole must be self draining and must be connected to

an approved point of discharge in an approved manner to the satisfaction of the Responsible Authority.

b) Underground piped drainage for the whole development shall cater for 10% AEP storm.

c) Overland 1% AEP flow path(s) for the development must be shown on layout plans and shall ensure that no property is subject to inundation by such a storm to the satisfaction of the Responsible Authority.

9. Storm water drainage from the proposed buildings and impervious surfaces must

be directed to the legal point of discharge to the satisfaction of the Responsible Authority. A legal point of discharge permit must be taken out prior to the construction of a stormwater drainage system.

10. Sediment discharges must be restricted from any construction activities within the property in accordance with relevant Guidelines including Construction Techniques for Sediment Control (EPA 1991).

11. Unless otherwise approved by the Responsible Authority there must be no

buildings, structures, or improvements located over proposed drainage pipes and easements on the property.


12. Prior to the commencement of the development and post completion, notification including photographic evidence must be sent to Council’s Asset Services department identifying any existing damage to council assets. Any existing works affected by the development must be fully reinstated at no cost to and to the satisfaction of the Responsible Authority.

13. Prior to the use commencing, the car park areas must be constructed with an all-

weather surface, and drainage to the satisfaction of the responsible authority, and shall incorporate the following:

a) Parking bays and aisle widths of the car park shall comply with Australian

Standard AS 2890.1:2004 Off-Street car parking. Disabled Parking bays shall comply with Australian Standard AS2890.1:2009 Off-Street Parking for People with Disabilities.

b) Designated loading areas shall be shown on layout plans.

c) The applicant may provide a sealed or concrete surface to parking areas with linemarking.

d) The applicant may provide concrete kerb of a minimum height of 150mm between landscaped areas and areas provided for parking and the passage of vehicles.

e) The car park must provide sufficient space for a service truck to enter and exit the site in a forward direction. The service truck shall comply with the medium rigid vehicle detailed in AS2890.2 section 2.2. Turning templates shall be submitted for approval.

14. The building shall be provided with disabled access in accordance with the

provisions of AS1428 – Design for Access and Mobility.

Western Water Conditions:

15. The owner of the land must enter into a Private Pump Agreement with Western Water relating to the use of the private sewage pump station and the disposal of sewage into Western Water’s sewerage system.

16. The owner of the land must enter into a Trade Waste Agreement with Western Water for the discharge of restaurant waste into Western Water’s sewerage system.

17. The owner of the land must enter into an Agreement with Western Water for

design and construction of any sewerage or water works required.

18. The owner of the land must fund a feasibility study for the proposed water supply and sewerage services needed to serve the development.

Southern Rural Water Conditions:

19. The land (lot 1) must excise from the Bacchus Marsh Irrigation District.

20. The applicant must make application to SRW to have details of the current water

entitlement amended.

21. The use of water from groundwater or surface water resources for commercial use must be licensed in accordance with Section 51 of the Water Act 1989.


Expiry Condition:

22. This permit will expire if one of the following circumstances applies:

a) The development and the use are not started within two years of the date of this permit; and

b) The development is not completed within four years of the date of this permit.

Council may extend the periods referred to if a request is made in writing before the permit expires or in accordance with the timeframes as specified in Section 69 of the Planning and Environment Act 1987. Report Authorisation Authorised by: Name: Satwinder Sandhu Title: General Manager Growth & Development Date: 5 February, 2015


Attachment 3 Agenda Item 4.2; Planning Permit Application 2013 192 Two (2) Lot Subdivision on Lot 19 PS 209801R, 33 Crook Court, Ballan.



Lodgement Date: 14 August, 2013

Planning Officer: Robert Fillisch

Address of the land: 33 Crook Court, Ballan being Lot 19 PS 209801R

Proposal: Two (2) Lot Subdivision

Lot size: 8649sqm Why is a permit required? Clause 32.08-2 – Subdivision of land in the General

Residential Zone

Clause 42.01-2 – Subdivision of land affected by an Environmental Significance Overlay


Was the application advertised?

Yes, the application was advertised due to the potential impact on adjoining properties by the creation of one additional lot.

Notices on site: One (1)

Notice in Moorabool Newspaper: No


Consultation meeting: None held, but the applicant contacted the objector independently. The objector’s concerns have not been resolved.










Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager – Sian Smith In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Tom Tonkin


Executive Summary:

Application referred? The application was referred externally to Melbourne Water, Southern Rural Water and Western Water. The application was also referred internally to Infrastructure, Environmental Health and Strategic Planning.

Any issues raised in referral responses?

None raised.

Preliminary Concerns? Preliminary concerns with this application were raised with the applicant. The key concern was that the proposed 5.0m wide access to Lot 2 would be insufficient to cater for traffic movements generated by the anticipated further subdivision of that lot in future. In addition, the proposed boundary between Lots 1 and 2 cut through the existing dwelling’s effluent field and that the proposed size of Lot 1 would be too small to treat effluent onsite.


The abovementioned issues were addressed by the applicant, by widening the proposed access to Lot 2 to 10.0m and ensuring that Lot 1’s existing effluent field would be contained entirely on that lot.


The changes described above were made after the application was lodged but before notice of the application was given.

VCAT history? None.

Previous applications for the site?

Planning approval for outbuildings was given in 1999 and 2000.


General summary This application seeks approval for a two lot subdivision.

The application was reviewed against the provisions of the Moorabool Planning Scheme, including State and local planning policy, the relevant requirements of Clause 56 for residential subdivision and Decision Guidelines at Clause 65.02.

The site is a lot of 0.86ha occupied by a single dwelling and ancillary outbuildings. Surrounding lots are either of a similar size or between 500-1000sq m, and either vacant or developed with single dwellings. The character and amenity of Crook Court and surrounds is transitioning from

Semi-rural to smaller residential lots. The proposed subdivision would create one additional lot with potential for either to be further subdivided.

Subject to conditions, the proposed subdivision is considered acceptable. The proposal facilitates the future development of Lot 2 for either development of a single dwelling or further subdivision to facilitate more intensive development. Widening access to Lot 2 to 16.0m would facilitate appropriate access for more intensive development should this occur in the future and allow acceptable opportunity to retain mature trees planted on the subject site along the existing southern title boundary. Any vegetation removal or further subdivision of the land would require planning approval and be assessed on merit.

The objection to the proposal relates to loss of amenity arising from the anticipated removal of screening vegetation and creation of vehicle access to Lot 2 abutting the common boundary.

This report recommends that Council issue a Notice of Decision to Grant a Planning Permit for two lot subdivision, subject to conditions.


That, having considered all relevant matters as required by s.60 of the Planning and Environment Act 1987, Council issue Notice of Decision to Grant a Permit for a Two (2) Lot Subdivision at Lot 19 on PS 209801R, 33 Crook Court, Ballan, subject to certain conditions.

Background Not applicable. Public Notice The application was advertised to adjoining and nearby owners and occupiers by sending individual notices on 4 February, 2014 and a sign placed on the site from 6 February to 28 February, 2014. One objection was received.


Summary of Objections The objections received are detailed below with officer’s comments accompanying them:


Creation of Lot 2’s vehicle accessway would mean removal of existing vegetation and cause a loss of amenity from overlooking and loss of privacy. Construction of a 6ft. high timber paling fence along the common boundary is requested.

Clause 56.03-5 (Neighbourhood character) states that subdivision should protect significant vegetation and site features, and respond to and integrate with the surrounding urban environment.

Officer’s response – Vegetation removal is not proposed, although it may be required to facilitate future development, subject to planning approval. If proposed, removal of existing screening vegetation along the common boundary would be considered to affect amenity. Subject to conditions the width of Lot 2’s axe handle would be 16 metres which would provide acceptable opportunity to retain existing vegetation or, if removed (subject to planning approval), acceptable space for landscaping, considering the potential road width required in future. Potential overlooking from new development would be addressed by future planning and/or building permits. Otherwise, fencing is a civil matter and not within the realm of this planning permit application.

Proposal The application seeks approval for a two lot subdivision. The proposal would create the following lots: • Lot 1 with an area of 2881sq m containing an existing dwelling, ancillary outbuildings and

effluent field. Existing vehicular access via two crossovers to Crook Court would be maintained. This lot would have a frontage to Crook Court of 52.04 metres.

• Lot 2 with an area of 5982sq m containing sheds and a horse riding circuit and planted

vegetation. Lot 2 would be accessed from Crook Court via a 10 metre wide and 44.86 metre long axe handle.

The site is not connected to sewer, however all other reticulated services are available to the site. No vegetation removal is proposed.


Site Description The subject site is on the east side of Crook Court, approximately 305 metres south of Old Melbourne Road and towards the end of a court bowl. The site is irregular in shape with the following dimensions: • West Boundary to Crook Court of 63.43m;

• An east rear Boundary to a tributary of the Werribee River of 76.05m;

• South Boundary of 113.32m;

• North Boundary of 182.22m; and

• Total site area of 8649sqm. The site has a moderate fall of 5.21 metres from west to east. The site is developed with a brick dwelling with an attic-style second story and a hipped galvanised iron roof. The dwelling is located towards the front of the site, set back approximately 18 metres from Crook Court. Two vehicle crossovers to Crook Court give access to a semi-circular driveway in the front setback. Several outbuildings are located in the side and rear setbacks. Landscaping mostly comprises planted native and exotic trees adjoining the site boundaries and in the front and rear setbacks. The rear half of the site is largely vacant apart from a small shed towards the northeast corner of the site. There are no easements on the site. The site and surrounding neighbourhood is towards the western periphery of the Ballan Township in the General Residential Zone. Crook Court is a cul-de-sac approximately 400 metres long, accessed from Old Melbourne Road to the north, and approximately 1.0km west of the Ballan town centre. Lot sizes in Crook Court vary from 556sqm to 1.518ha, the variable lot sizes reflecting recent subdivision which has created smaller residential lots. Although the semi-rural character of Crook Court is still evident, the area is clearly transitioning to more intensive residential development. Notwithstanding this, the semi-rural character of the court’s southern section is still evident, defined by single storey dwellings on large otherwise mostly vacant allotments. Landscaping typically comprises a mix of native and exotic trees either scattered or planted as windbreaks. To the south of the subject site is a single storey brick dwelling fronting Crook Court, set back approximately 12 metres from the common boundary on a lot of 8321sq m. To the east, beyond a waterway held in a linear Council reserve, are lots approximately 1ha in size fronting Old Geelong Road either vacant or developed with single dwellings. To the north are two lots, both fronting Crook Court. The more easterly of the lots has an 11 metre wide and 146 metre long axe handle access from Crook Court and overall site area of 9510sq m, and is currently vacant. The more westerly of these lots is 8729sq m in size and developed with a single storey brick dwelling towards the northwest corner of the lot. To the west, across Crook Court, are lots of between 0.78ha-1.23ha either vacant or developed with single dwellings.


Site Map Locality Map The site below indicates the location of the subject site and the zoning applicable to the surrounding area.

Planning Scheme Provisions Council is required to consider the Victoria Planning Provisions and give particular attention to the State Planning Policy Framework (SPPF), the Local Planning Policy Framework (LPPF) and the Municipal Strategic Statement (MSS).


The relevant clauses are: 11 – Settlement 11.02-1 – Supply of urban land 11.05-2 – Melbourne’s hinterland areas 15.01-3 – Neighbourhood and subdivision design 15.01-5 – Cultural identity and neighbourhood character 21.03-2 – Urban growth management 21.03-3 – Residential development 21.03-4 – Landscape and neighbourhood character objective 21.08 – Ballan The proposal complies with the relevant sections of the SPPF and LPPF. Zone The subject site is in the General Residential Zone, Schedule 1 (GRZ1), and the provisions of Clause 32.08 of the Moorabool Planning Scheme apply. Pursuant to Clause 32.08-2 a permit is required to: • Subdivide land. An application to subdivide land must meet the relevant requirements of Clause 56. The proposal is generally consistent with the GRZ1. Overlays The subject site is affected by Environmental Significance Overlay, Schedule 1. Pursuant to Clause 42.01-2 of the Moorabool Planning Scheme a permit is required to: • Subdivide land. This does not apply if a schedule to this overlay specifically states that a

permit is not required. Schedule 1 does not specify any permit requirements for subdivision, therefore a permit is required. Relevant Policies Council adopted the Urban Growth Policy Statement at the OMC of the 19 September, 2012. Council can give weight to this document under the provisions of section 60(1A) (g) of the Planning and Environment Act 1987. The policy states that: The Moorabool Growth Strategy 2041 aims to provide a vision for the type of community Moorabool Shire will be in 2041 and to outline how Council can facilitate an outcome that both allows for growth and keeps the community connectedness, character and sense of place so valued by our current residents.


The urban strategy is about planning and managing the pressures of growth in a proactive manner so that a sustainable environment where people can live, work, access retail, social and recreational services and be involved and connected. The strategy looks at what our future population will be and what employment, services and infrastructure will be required to meet their needs so that Council can identify what growth options will meet these needs in a sustainable and cost effective manner. Particular Provisions A subdivision is exempt from a public open space requirement, in accordance with Section18 (8) of the Subdivision Act 1988, if: • It subdivides land into two lots and the council considers it unlikely that each lot will be

further subdivided. It is considered that both lots are capable of being further subdivided in future and thus the public open space requirement should be applied as a condition of approval. Clause 56 provides objectives and standards for residential subdivision. This clause requires the submission of detailed information. Residential subdivisions must meet all of the objectives and should meet all of the standards contained in the clause. The proposal complies with the relevant objectives and standards of ResCode (Clause 56). Discussion The proposed two lot subdivision of land in the General Residential Zone in Ballan is generally considered to meet State and local planning policy, the purpose of the zone and relevant standards of Clause 56 for residential subdivision. The proposal also satisfies the objectives of the Environmental Significance Overlay, Schedule 1 – Proclaimed Water Catchment Areas. The proposal supports the consolidated growth of Ballan within the existing township boundaries on land in the General Residential Zone. The proposal represents a modest increase in density without any detrimental effects on neighbourhood character or unreasonable amenity impacts. The proposal would create lots of 2881sq m and 5982sq m. Existing vehicle access would be maintained to Lot 1 and access created to Lot 2 from Crook Court which is acceptable. The proposed 10.0m wide access to Lot 2 would facilitate convenient vehicle and pedestrian passage for a single lot. However, it is anticipated that further subdivision of Lot 2 and potentially Lot 1 may occur, subject to planning approval, and that the access to Lot 2 may in future serve multiple dwellings. It is therefore considered that the axe handle access to Lot 2 should be widened to 16.0m which would provide sufficient width for an Access Place catering for 300-1000 vehicles per day, as defined at Clause 56.06-8. This is considered to be more than adequate given the land size, likely potential lot yield and potential future subdivision and development of land to the south. This would also provide sufficient width to maintain the mature tree plantings along the southern boundary of the subject site which are a significant landscape feature, and contribute to the amenity of the neighbourhood, particularly in the context of increased development in Crook Court and subsequent reduced opportunities for canopy tree plantings. The widening of access to Lot 2 would have a negligible impact on Lot 1; the required demolition of outbuildings would not be unreasonable, and whilst access would be reduced to a single crossover there is reasonable opportunity to reinstate a second crossover to Crook Court.


The proposed change to the plans has been discussed with and verbally agreed to by the landowner. The land is currently unsewered, and a condition of approval would require both lots to be connected to reticulated sewerage. Given that the site is located in a proclaimed water catchment and in the General Residential Zone, and may be subject to further subdivision in future, the requirement for a sewer connection is considered to be acceptable. The proposal satisfies the relevant provisions of Clause 56 for the subdivision of residential land. The proposed subdivision layout would maintain the appearance of single dwelling development that is characteristic of this part of Crook Court. The proposal contributes to diverse lot sizes and, subject to condition, accounts for the potential further subdivision of the land and the associated access requirements. The proposed lot sizes and configuration adequately protect the amenity of current and future residents, subject to conditions. The proposal has been assessed against the relevant sections of the Moorabool Planning Scheme, and is supported by the policies therein. It is recommended that the application be supported and issued with a Notice of Decision to Grant a Permit. General Provisions Clause 65 – Decision Guidelines have been considered by officers in evaluating this application. Clause 66 - stipulates all the relevant referral authorities to which the application must be referred. Referrals The following referrals were made pursuant to s.55 of the Planning and Environment Act 1987 and Council departments were provided with an opportunity to make comment on the proposed development plan.



Western Water

Melbourne Water

No objection subject to condition




Infrastructure




The external Referral Authorities have provided responses usual for this type of development. Council’s Infrastructure and Environmental Health Departments have consented to the proposal. Financial Implications The recommendation to issue a permit for subdivision of the land will not represent any financial implications for Council other than the potential for the matter to be taken to VCAT for review by the objector.


Risk and Occupational Health and Safety Issues The recommendation of approval of this development does not implicate any risk or OH&S issues for Council. Communications Strategy Notice was undertaken for the application, in accordance with s.52 of the Planning and Environment Act 1987, and further correspondence is required to all interested parties to the application as a result of a decision in this matter. The applicant and objectors were invited to attend this meeting and address Council if desired. Options It is considered that Council could alternatively refuse this application, the consequence of which may be an appeal to VCAT by the applicant. Conclusion Overall, the proposed two lot subdivision is considered to generally satisfy the relevant provisions of the Moorabool Planning Scheme. The proposal is an acceptable response to the site’s characteristics and the broader neighbourhood character, and subject to conditions, assists in facilitating the potential further subdivision of either lot in a manner supportive of orderly planning and, in any case, subject to separate planning approval. It is recommended that the application be supported. Recommendation: That, having considered all matters as prescribed by s.60 of the Planning and Environment Act, Council issues a Notice of Decision to Grant Permit PA2013192 for a Two (2) Lot Subdivision on Lot 19 on PS 209801R, 33 Crook Court, Ballan, subject to the following conditions: 1. Before the plan of subdivision is certified under the Subdivision Act 1988,

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 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 identified as Plan of Proposed Subdivision, Surveyor’s Ref. 1300495, prepared by Beveridge Williams and dated 28/06/13 but modified to show:

a) Lot 2’s axe handle access with a width of 16 metres.

2. The formal plan of subdivision lodged for certification must be in accordance with

the endorsed plan and must not be modified except to comply with statutory requirements or with the written consent of the Responsible Authority.

3. The owner of the land must enter into an agreement with:

a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and


b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

4. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a) A telecommunications network or service provider that all lots are connected

to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person that fibre ready telecommunication facilities have

been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

5. The owner of the land must enter into agreements with the relevant authorities for

the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

6. Before the Statement of Compliance is issued under the Subdivision Act 1988, a

payment must be made to Council for unencumbered public open space that has not been provided by way of land provision. The calculation for the payment of cash-in-lieu of land will be based on 5% of the site value at the time of payment. The permit holder/developer must pay the reasonable costs of Council in having the land valued for this purpose.

7. All existing and proposed easements and sites for existing or required utility

services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created including details of a Limited Owners Corporation proposed for common drainage and sewerage services.

8. The plan of subdivision submitted for certification under the Subdivision Act 1988

must be referred to the relevant authority in accordance with Section 8 of that Act. Environmental Health Condition: 9. Both lots must be connected to sewer. Infrastructure Conditions: 10. Prior to the issue of a Statement of Compliance for the subdivision, Lot 2 must be

provided with a rural standard vehicle crossing on Crook Court to the satisfaction of the Responsible Authority. A vehicle crossing permit must be taken out for the construction of the vehicle crossing.


11. Prior to the issue of a Statement of Compliance for the subdivision, the development must be provided with a drainage system constructed to a design approved by the Responsible Authority, and must ensure that:

a) The development as a whole must be self draining;

b) All drainage courses within the development must pass through easements or

reserves shown on the plan of subdivision;

c) Each lot must be provided with a stormwater legal point of discharge at the low point of the lot, to the satisfaction of the Responsible Authority;

d) Stormwater runoff must meet the “Urban Stormwater Best Practice; and

e) Environmental Management Guidelines (CSIRO 1999)”. 12. Prior to the commencement of the development, a stormwater management

strategy detailing how the requirements detailed in Condition No. 11 are to be achieved must be submitted to the Responsible Authority for approval.

13. Storm water drainage from the development must be directed to a legal point of

discharge to the satisfaction of the Responsible Authority. A legal point of discharge permit must be taken out prior to the construction of the stormwater drainage system.

14. Sediment discharges must be restricted from any construction activities within the

property in accordance with relevant Guidelines including Construction Techniques for Sediment Control (EPA 1991).



16. Prior to the commencement of the development and post completion, notification

including photographic evidence must be sent to Council’s Asset Services department identifying any existing damage to council assets. Any existing works affected by the development must be fully reinstated at no cost to and to the satisfaction of the Responsible Authority.

17. Prior to the commencement of the development, plans and specifications of all

road and drainage works must be prepared and submitted to the Responsible Authority for approval, detailing but not limited to the following:

a) Location of vehicle crossings;

b) Details of the underground drainage;

c) Location of drainage legal points of discharge;

d) Standard details for vehicle crossings and legal points of discharge; and

e) Civil notes as required to ensure the proper construction of the works to

Council standard.


Western Water Conditions: 18. Both lots must be provided with a sewer connection point to Central Highlands

Water reticulated sewerage system. 19. A 5-metre wide vegetated buffer strip consisting of indigenous native shrubs and

grasses must be planted along the revised rear boundary. Southern Rural Water Conditions: 20. The plan of subdivision submitted for certification must be referred to Southern

Rural Water in accordance with section 8 Subdivision Act 1988.

21. Both lots 1 and 2 must be connected to the town’s reticulated sewerage and an approved storm water drainage system.

Melbourne Water Conditions: 22. Prior to the issue of a Statement of Compliance, the Owner shall enter into and

comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water’s drainage systems and waterways, the provision of drainage works and other matters in accordance with the statutory powers of Melbourne Water Corporation.

23. No polluted and / or sediment laden runoff is to be discharged directly or indirectly

into Melbourne Water's drains or watercourses. 24. All new lots are to be filled to a minimum of 600mm above the 1 in 100 year ARI

flood level associated with an existing or proposed Melbourne Water Waterway. 25. Prior to Certification of the plan of subdivision an additional 10m along the eastern

boundary of lot 2 is to be added to the council reserve for waterway management and for flood protection purposes.

26. All new lots must achieve appropriate freeboard in relation to local overland flow

paths to Council’s satisfaction. 27. Local drainage must be to the satisfaction of Council. 28. Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water,

in accordance with Section 8 of the Subdivision Act 1988. Expiry condition: 29. This permit will expire if:

a) The plan of subdivision is not certified within 2 years of the date of this permit; or

b) The registration of the subdivision is not completed within 5 years of the date of certification of the plans of subdivision.


The Responsible Authority may extend the time referred to in (a) if a request is made in writing before the permit expires or in accordance with the timeframes as specified in Section 69 of the Planning and Environment Act 1987. Permit Note: Melbourne Water If further information is required in relation to Melbourne Water's permit conditions shown above, please contact Melbourne Water on 03 9679 7517, quoting reference number: 226542. Report Authorisation Authorised by: Name: Satwinder Sandhu Title: General Manager Growth & Development Date: 16 January, 2015


Attachment 4 Agenda Item 4.3; Planning Permit Application 2014 134 Development of Two (2) additional dwellings; Three (3) Lot subdivision; and reduction of One (1) Car Space; Lot 219 on PS 131062; 22 Davies Street, Darley, 3340



Lodgement Date: 4 June, 2014

Planning Officer: Victoria Mack

Address of the land: 22 Davies Street, Darley being Lot 219 on PS131062.

Proposal: Development of two (2) additional dwellings; and Three (3) lot subdivision, and reduction of One (1) car space

Lot size: 790sqm.

Restrictive covenants: Covenant P106116Q dated 3 April 1989.

Why is a permit required? Clause 32.08 General Residential Zone – Schedule 1 – construction of more than one dwelling on a lot; and the subdivision of land.

Clause 52.06 waiver of car parking (one space)


Number of notices to adjoining landowners and occupiers:

Fourteen (14)


Number of Objections: Three (3)

Consultation meeting: None held.


Key Result Area Enhanced Natural and Built Environment.

Objective Effective and efficient land use planning and building control.

Strategy

Implement high quality, responsive, and efficient processing systems for planning and building applications






Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager – Sian Smith In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Victoria Mack


Executive Summary:

Application Referred? Melbourne Water, Powercor, TXU, Western Water and Council’s Infrastructure Department.


No issues

Preliminary Concerns? Compliance with Rescode specifically area of private open space allocated to units 1 and 2, and additional car space requirement for Unit 1 and other more minor concerns.


A Further Information request was sent and applicant responded within the prescribed time addressing concerns but not all concerns were resolved.


Amended plans were provided.

VCAT history? Nil


PA2001-355 Development and Use of a Shed for Food Storage – later withdrawn.

General summary (Pro’s/Con’s of the proposal)

A medium density development, within close proximity to services and access to public transport, providing compact 2 bedroom dwellings in addition to an existing two/three bedroom dwelling. Rescode compliance is discussed later in this report.



That, having considered all relevant matters as required by the Planning and Environment Act 1987, Council issue a Notice of Decision to Grant Permit PA2014134 for the Development of two (2) additional dwellings; three (3) lot subdivision; and reduction of one (1) car space at 22 Davies Street, Darley otherwise known as Lot 219 on PS131062.

Public Notice The application was advertised to adjoining and surrounding landowners and occupiers and a sign was placed on the site for a period of 14 days between 28 July 2014 and 11 August 2014. A statutory declaration has been received stating that the sign was displayed for the required period. Three (3) objections were received. One (1) objection was later withdrawn after the objector received correspondence from the applicant which he stated had addressed his concerns. Summary of Objections The objections received are detailed below with officer’s comments accompanying them:


Tenant of the existing “granny flat’ at the rear of the property has concerns about being left homeless if his rented “granny flat” is removed to make way for this development.

The Planning and Environment Act 1987 defines a dependent persons unit, or granny flat, as a movable building on the same lot as an existing dwelling and used to provide accommodation for a person dependent on a resident of the existing dwelling.

Officer’s response – No dependence has been established between this tenant of the granny flat and the resident of the primary dwelling (who is also a tenant), nor has a permit been obtained for the granny flat as a second dwelling on the lot. The granny flat is unlawfully located on the land. Tenant of the primary residence objects to the development due to loss of space, storage sheds and privacy for her dog and family.

The relationship between a tenant and landlord is not a planning matter.

Officer’s response – While it is appreciated that the primary tenant of the existing dwelling at the font of the land will be impacted by the proposal, through reduced space and storage Afforded by existing shedding, this is a matter between the tenant and landlord and not a planning issue.

Proposal It is proposed to construct two additional dwellings on the lot. The lot currently has a single storey dwelling located at the front of the land. The two additional dwellings would be located at the rear with access provided via a common property driveway.


The existing dwelling has two bedrooms and a study (counted as third bedroom); a lounge; a separate kitchen; a family bathroom; and a laundry with separate WC. The bedrooms and living areas are connected by a front entrance hallway. Only one car space has been provided for this dwelling, whereas two car spaces are required for a three bedroom dwelling. The two additional units would have similar floor plans with slightly varied configurations. Each would have the following rooms: two bedrooms the master bedroom with WIR; a family bathroom including WC; a separate laundry; and an open plan kitchen, family and dining area. Each would have a single car space garage. The existing sheds, carport and granny flat would be removed from the site. A very basic landscape plan has been provided. A common property driveway would provide access to the rear dwellings. Vehicles would be able to exit the site in a forward direction. The common property driveway would be 4.175m wide at its narrowest point. Below are the development plans showing the site plan, elevations, more detailed plans of the two additional dwellings and the subdivision plan with basic landscape plan included.

N


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Site Description The site is flat. There is an existing single storey dwelling, sundry ancillary sheds, and a rented granny flat at the rear of the lot. Access is from Davies Street to the west. The property to the north is a single storey dwelling with a verandah facing the subject site and a large shed at the rear. The property to the south is a development of 4 units, with a central driveway. Most houses in the neighbourhood are single storey brick veneer dwellings. The site is located approximately 930m west of the Gisborne Road commercial shopping precinct and has access to a public bus service approximately 150m to the south with the nearest bus stop at the corner of Davies Street and Taylor Drive. The bus service provides access to the railway station and the Bacchus March town centre as well as on a regular basis being approximately half hourly at peak times and hourly at off-peak times.


Locality Map The site below indicates the location of the subject site and the zoning applicable to the surrounding area.

Restrictive covenant A covenant is registered on the title to the land, No. P106116Q dated 3 April 1989. The covenant specifically requires that the external walls of any dwelling are constructed brick, brick veneer or stone. As the external cladding of the proposed dwellings would be brick the application is not in breach of the restriction Planning Scheme Provisions Council is required to consider the Victoria Planning Provisions and give particular attention to the State Planning Policy Framework (SPPF), the Local Planning Policy Framework (LPPF) and the Municipal Strategic Statement (MSS). The relevant clauses are: State Planning Policy Framework (SPPF) 11.05-2 Melbourne’s hinterland areas 15.01-1 Urban design 15.01-5 Cultural identity and neighbourhood character 16.01-2 Location of residential development


Local Planning Policy Framework (LPPF) 21.03 Settlement and Housing 21.03-3 Residential Development 21.07 Bacchus Marsh The proposal complies with the relevant sections of the SPPF and LPPF. Zone General Residential Zone (GRZ) – Schedule 1 (GRZ1) The development lies within the General Residential Zone and the provisions of Clause 32.08 and Schedule 1 to the Zone apply. A permit is required for subdivision of land under Clause 32.08-2 of the Scheme. The purpose of the GRZ1 is to: • Encourage development that respects the neighbourhood character of the area; • Implement neighbourhood character policy and adopted neighbourhood character

guidelines;

• Provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport; and

• Allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

The proposal contributes to achieving the purpose of the zone Compliance with the provisions Clause 55 is discussed later in this report. Relevant Policies Council adopted the Urban Growth Policy Statement at the OMC of the 19 September 2012. Council can give weight to this document under the provisions of section 60(1A) (g) of the Planning and Environment Act 1987. The policy states that: The Moorabool Growth Strategy 2041 aims to provide a vision for the type of community Moorabool Shire will be in 2041 and to outline how Council can facilitate an outcome that both allows for growth and keeps the community connectedness, character and sense of place so valued by our current residents.

The urban strategy is about planning and managing the pressures of growth in a proactive manner so that a sustainable environment where people can live, work, access retail, social and recreational services and be involved and connected. The strategy looks at what our future population will be and what employment, services and infrastructure will be required to meet their needs so that Council can identify what growth options will meet these needs in a sustainable and cost effective manner.


Particular Provisions Clause 52.01 Public Open Space Contribution and Subdivision Clause 52.01 states that: A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under section 18 of the Subdivision Act 1988. No amount is specified in the schedule to Clause 52.01. It is Council practice to charge a rate of 5% of the of the site value for subdivision that is not in a category that is exempt under Clause 52.01-1. In this instance an application for a three lot subdivision is not exempt from a public open space contribution. Therefore it is recommended that a public open space charge of 5% of the value of the land applies to the application. The proposal complies with ResCode (Clause 55), with the exception of the following:

Rescode Title Response

B12 Safety Does not comply: Lighting should be added to the site plan along the common property driveway to improve visibility, surveillance and safety.

B13 Landscaping Does not comply: The landscape plan provided with the application lacks the required detail and a properly constructed landscape plan needs to be provided.

B15 Parking Location Complies in part: Shared access ways of other dwellings should be located at least 1.5m from the windows of habitable rooms. The setback may be reduced to 1m where there is a fence at least 1.5m high or where window sills are at least 1.4m above the access way. In this application part of the setbacks from habitable room windows comply and part do not. Amended plans required to meet the standard.

B28 Private open space Unit 1 is provided with 35sqm and unit 2 with 33sqm of private open space. The standard requires is 40sqm. While unit 1 also has open space in the front setback, unit 2 has restricted private open space.


Site services Does not comply: Bin and recycling enclosures need to be included on the site plan.

Particular Provision

Clause 52.06 Car parking Response

Car spaces One (1) car space is required for a one or two bedroom dwelling and two (2) car spaces are required for a three or more bedroom dwelling.

The car spaces provided for units 2 and 3 meet the requirements as both units have two bedrooms, requiring one car space be provided for each unit. Unit 1 has two bedrooms and a study. A study is generally counted as a bedroom. Hence it is a three bedroom dwelling and two (2) car spaces are required, but only one car space has been provided.

Discussion

The application is for the development of two (2) additional dwellings and a three (3) lot subdivision. The application generally complies with State and Local policies and the Moorabool Shire’s Urban Growth Policy Statement. There are two matters that are not compliant when assessed against Clause 55 Rescode Standards. Standards B12, B13, B15 and B34 can be addressed through permit conditions and the provision of amended plans. There are two issues that cannot be addressed with permit conditions or amended plans as follows: • Standard B28 – Private Open Space Unit 2 is only provided with 33sqm of private open space that has a width of at least 3m. The standard requires 40sqm. There is additional private space available along the north side of unit 2 that is 1.2m wide and runs for a length of 10m. This has an area of 12sqm. While this area does not meet the requirements of private open space because it is not 3m wide, it does afford additional private space. The compact nature of the proposed development means that little can be done to address this concern, unless the layout is redesigned or one unit removed from the application. On balance it is considered that the reduced area of private open space for unit 2 is acceptable in this instance. • Clause 52.06 –Car Parking Requirement. Unit 1 has only one car space where two car spaces are required for a three bedroom dwelling. The applicant responded to a further information request relating to this concern as follows: Due to the small size of the study (2.5m X 2.9m) and the absence of any robes in this room the residence should be considered as only a two bedroom property. In considering the requirement for two car spaces it is recommended that one car space could be waivered in this instance.


General Provisions Clause 65.02 – Decision Guidelines for the subdivision of land have been considered by officers in evaluating this application. Clause 66.01 - stipulates all the relevant referral authorities to which the application for subdivision must be referred. Referrals The following referrals were made pursuant to s.55 of the Planning and Environment Act 1987 and Council departments were provided with an opportunity to make comment on the proposed development plan.


Western Water

Melbourne Water

Powercor

Tenix

Consent subject to conditions




Internal Authority Response

Infrastructure Consent subject to conditions

Financial Implications The recommendation to issue a Notice of Decision to Grant a permit for subdivision of the land will not represent any financial implications for Council other than the potential for the matter to be taken to VCAT for review. Risk and Occupational Health and Safety Issues The recommendation of approval of this development does not implicate any risk or OH&S issues to Council Communications Strategy Notice was undertaken for the application, in accordance with s.52 of the Planning and Environment Act 1987, and further correspondence is required to all interested parties to the application as a result of a decision in this matter. All submitters and the applicant were invited to attend this meeting and invited to address Council if desired. Options Council could consider refusing this application due to non-compliance with Rescode Standard B28 and Clause 52.06 relating to non-compliance with car parking requirements. A refusal may trigger and application for review at VCAT. Conversely a recommendation that a Notice of Decision to Grant a Permit is issued may result in the objectors seeking a review at VCAT.


Conclusion On balance it is considered that the application is recommended for approval with condition 1 of the permit requiring amended plans addressing compliance with Rescode standards B12, B13, B15 and B34. It is additionally recommended that one car space waiver is approved for unit 1. Recommendation: That, having considered all matters as prescribed by s.60 of the Planning and Environment Act, Council issues a Notice of Decision to Grant Permit PA2014105 for the Development of two (2) additional dwellings; three (3) lot subdivision; and reduction of one (1) car space at 22 Davies Street, Darley otherwise known as Lot 219 on PS131062, subject to the following conditions: 1. Before the use and development 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 but modified to show compliance with the following Rescode Standards: a) Standard B12 - Lighting should be noted on the site plan along the common

property driveway to improve visibility and surveillance.

b) Standard B13 - a detailed landscape plan including:

i. Details of surface finishes of pathways and driveways;

ii. Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;

iii. Landscaping and planting within all open areas of the site;

iv. At least three (3) canopy trees (minimum two metres tall when planted)

planted within the site boundaries.

v. All species selected must be to the satisfaction of the Responsible Authority.

c) Standard B15 - shared access ways (the common property driveway) of other

dwellings are located at least 1.5m from the windows of habitable rooms or the setback reduced to 1m where there is a fence at least 1.5m high or where window sills are at least 1.4m above the access way. Part of the setbacks from habitable room windows comply and part do not. Amended plans are required to meet the standard in full.

d) Standard B34 - Bin and recycling enclosures need to be included on the site

plan for each unit.

2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.


3. The formal plan of subdivision lodged for certification must be in accordance with





a) A telecommunications network or service provider for the provision of

telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person for the provision of fibre ready telecommunication

facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

6. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:





7. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.


services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.


must be referred to the relevant authority in accordance with Section 8 of that Act.


Infrastructure Conditions: 10. Prior to the issue of a Statement of Compliance for the subdivision, the common

property driveway must be constructed in reinforced concrete to a depth of 125 mm. The layout of the driveway must be designed to ensure that all vehicles are able to enter and exit the property in a forward direction in accordance with Clause 55.03-9 of the Planning Scheme.

11. Prior to the issue of a Statement of Compliance for the subdivision, the

development must be provided with a drainage system constructed to a design approved by the Responsible Authority, and must ensure that:

a) The development as a whole must be self-draining.

b) Volume of water discharging from the development in a 10% AEP storm shall

not exceed the 20% AEP storm prior to development. Peak flow must be controlled by the use of a detention system located and constructed to the satisfaction of the Responsible Authority.

c) Each lot must be provided with a stormwater legal point of discharge at the low point of the lot, to the satisfaction of the Responsible Authority.

d) Stormwater runoff must meet the “Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO 1999)”.

12. Prior to the commencement of the development design computations for drainage of the whole site must be prepared and submitted to the Responsible Authority for approval.

13. Storm water drainage from the development must be directed to a legal point of

discharge to the satisfaction of the Responsible Authority. A legal point of discharge permit must be taken out prior to the construction of the stormwater drainage system.

14. Sediment discharges must be restricted from any construction activities within the


15. A landscape plan must be prepared and submitted to the responsible authority for

approval detailing all proposed landscaping and proposed tree removal, ensuring that no tree or shrub is planted over existing or proposed drainage infrastructure and easements.



17. Prior to the commencement of the development and post completion, notification

including photographic evidence must be sent to Council’s Asset Services department identifying any existing damage to council assets.

18. Any existing works affected by the development must be fully reinstated at no

cost to and to the satisfaction of the Responsible Authority.


19. Prior to the commencement of the development, plans and specifications of all road and drainage works must be prepared and submitted to the responsible authority for approval, detailing but not limited to the following:

a) Location of vehicle crossings;

b) Details of the underground drainage;

c) Location of drainage legal points of discharge;

d) Standard details for vehicle crossings and legal points of discharge; and

e) Civil notes as required to ensure the proper construction of the works to

Council standard. Powercor Conditions: 20. The plan of subdivision submitted for certification under the Subdivision Act 1988

shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

21. The applicant shall:

a) Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

b) Where buildings or other installations exist on the land to be subdivided and

are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

c) Any buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

d) Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

e) Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision.

f) Alternatively, at the discretion of Powercor Australia Ltd a lease(s) of the site(s) and for easements for associated powerlines, cables and access ways shall be provided. Such a lease shall be for a period of 30 years at a nominal rental with a right to extend the lease for a further 30 years. Powercor Australia Ltd will register such leases on the title by way of a caveat prior to the registration of the plan of subdivision.


g) Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000.

h) Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots.

i) Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey.

j) Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

k) Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

Tenix Conditions:

22. The plan of subdivision submitted for certification must be referred to AusNet Services (Gas) in accordance with Section 8 of the Subdivision Act 1988.

Western Water Conditions:

23. Payment of new customer contributions for each lot created by the development, such amount determined by Western Water at the time of payment.

24. Any existing water service which crosses any of the proposed allotment

boundaries within the proposed development must be disconnected and relocated at the developer’s expense, to be wholly within one allotment only and to the satisfaction of Western Water.

25. All internal sewer and water mains must be owned and maintained by an owners’ corporation.

26. The operator under this permit shall be obliged to enter into an Agreement with Western Water relating to the construction of any sewerage or water works required. The form of such Agreement shall be to the satisfaction of Western Water. The owner/applicant shall make a written request to Western Water for the terms and conditions of the agreement.

27. Preparation of a digitised plan of subdivision and ancillary requirements in accordance with Western Water’s drafting standards and practices.

Melbourne Water Conditions: 28. Pollution and sediment laden runoff shall not be discharged directly or indirectly

into Melbourne Water’s drains or waterways.


29. Prior to certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

Expiry conditions: 30. This permit will expire if one of the following circumstances applies:


b) The registration of the subdivision is not completed within five (5) years of the date of certification of the plan of subdivision.

The Responsible Authority may extend the time referred to if a request is made in writing before the permit expires or in accordance with the timeframes as specified in Section 69 of the Planning and Environment Act 1987. Permit Notes: Melbourne Water If further information is required in relation to Melbourne Water’s permit conditions, please contact Melbourne Water on 03 9679 7517, quoting reference number: 241759. Powercor It is recommended that, at an early date, the applicant commences negotiations with Powercor for supply of electricity in order that supply arrangements can be worked out in detail, so prescribed information can be issued once all electricity works are completed (the release to the municipality enabling a Statement of Compliance to be issued). Prospective purchasers of lots in this subdivision should contact Powercor Australia Ltd to determine the availability of a supply of electricity. Financial contributions may be required. Report Authorisation Authorised by: Name: Satwinder Sandhu Title: General Manager Growth & Development Date: 16 January, 2015


Attachment 5 Agenda Item 4.4; Planning Permit Application 2014 105 Two (2) Lot Subdivision (Boundary Realignment at Lot 1 on TP566783 (formerly pt CA3, S26, Parish of Ballan) & Crown Allotment 4, Section 26, Parish of Ballan, 41 & 43 Edols Street, Ballan.



Lodgement Date: 8 May, 2014

Planning Officer: Victoria Mack

Address of the land: 41 & 43 Edols Street, Ballan being Lot 1 on TP566783 (formerly pt CA3, S26, Parish of Ballan) & Crown Allotment 4, Section 26, Parish of Ballan.

Proposal: Two (2) Lot Subdivision (Boundary Realignment)

Lot sizes: 1011.83sqm & 1011.87sqm.

Why is a permit required? Clause 32.08-2 – General Residential Zone – permit required to subdivide land

Clause 42.01-2 – Environmental Significance Overlay – permit required to subdivide land



The application was advertised due to the potential impact on adjoining properties.

Notices on site: One (1)

Notice in Moorabool Newspaper: No


Consultation meeting: Discussions were held with the objector on several occasions who indicated initially that the objection would be withdrawn but then decided against withdrawal. The objector has concerns about the future development of the larger allotment.





Strategy






Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager – Sian Smith In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Victoria Mack


Executive Summary:

Application referred? The application was referred externally to Central Highlands Water, Melbourne Water, Southern Rural Water and Western Water. The application was also referred internally to Council’s Infrastructure Department.


None raised

Preliminary Concerns? There are no specific concerns with the subdivision (boundary realignment).


The issue of residential use was raised with the applicant who made the comment that this application is for subdivision only, but that in the future a three (3) unit development might be an option for the proposed Lot 1, with the existing weatherboard dwelling to be demolished.



No

VCAT history? None

Previous applications for the site? None

General summary This application seeks approval for the re-subdivision of two existing lots. The existing lots are 1011.83sqm & 1011.87sqm respectively. It is proposed to create one lot of 590sqm with an existing occupied dwelling, at 41 Edols Street and a second ‘L’ shaped lot of 1481sqm with an existing unoccupied dwelling at 43 Edols Street.

The land is located within the General Residential Zone and subdivision is required to meet the purposes of the zone, which include in this instance to encourage development that respects the neighbourhood character of the area and to implement neighbourhood character policy and adopted neighbourhood character guidelines.

Creating the larger ‘L’ shaped lot does not in itself create a detriment to neighbours. Any future development proposal would require a planning permit and would be assessed on its merits at the time.

This report recommends that Council issue a Notice of Decision to Grant a Planning Permit for Subdivision (Boundary realignment) of the Land.


That, having considered all relevant matters as required by s.60 of the Planning and Environment Act 1987, Council issue Notice of Decision to Grant a Permit for a Two Lot Subdivision (Boundary Realignment) at 41 & 43 Edols Street, Ballan being Lot 1 on TP566783 (formerly pt CA3, S26, Parish of Ballan) & Crown Allotment 4, Section 26, Parish of Ballan subject to certain conditions.

Public Notice The application was advertised to adjoining landowners and occupiers, and a sign was placed on the site between 7 June 2014 and 30 June 2014. One objection was received.


Summary of Objections The objection received is detailed below with officer’s comments accompanying them:


Over shadowing and loss of sunlight to adjacent properties, specifically on the east side being the rear of 39 Edols Street, and the proximity of a new dwelling at the rear of 41 Edols Street.

No buildings are proposed in this application. Any future development of the site would require a planning permit.

Officer’s response: The objector is assuming that a future multi-dwelling development will occur on the larger ‘L’ shaped Lot 1 if this subdivision is approved. The objector is concerned that such future development would impact on existing privacy, safety and general amenity of the area.

Proposal The lot known as 43 Edols Street has a weatherboard single storey dwelling with galvanised shedding to the rear, behind the dwelling which also services as a garage. At the time of inspection the dwelling was unoccupied. The lot known as 41 Edols Street has a brick single storey dwelling with attached garage and small ColorBond® shed at the rear. At the time of inspection this dwelling appeared to be occupied. This application seeks the subdivision (boundary realignment) of the two lots to create Lot 1 (41 Edols Street) which would be an ‘L’ shaped lot of 1481sqm, and Lot 2 (43 Edols Street) which would be 590sqm. Site Description The subject land consists of two rectangular lots that are located on the south side of Edols Street, Ballan, opposite the Ballan Primary School. The site is located approximately 700m east of the Ballan Railway Station and 1100m south-east of the Ballan town centre. Surrounding allotments are generally of similar size and orientation with single storey detached dwellings of brick or, more commonly, weatherboard construction, with ancillary outbuildings, and with no, or low, front fences. There is a school crossing directly opposite 43 Edols Street. This section of Edols Street is a wide paved street with kerb and channelling and native trees and shrubs in the road reserve.


Below is the proposed Plan of Subdivision:



Planning Scheme Provisions Council is required to consider the Victoria Planning Provisions and give particular attention to the State Planning Policy Framework (SPPF), the Local Planning Policy Framework (LPPF) and the Municipal Strategic Statement (MSS). The relevant clauses are:

SPPF Title Response

Clause 11 Settlement The proposed two lot subdivision is consistent with this policy, which advocates sustainable development that takes full advantage of existing settlement patterns.

The proposal is broadly consistent with the emerging pattern of subdivision in the neighbourhood.

Subject site


Clause 11.02-1 Supply of urban land The proposal is generally consistent with this policy.

Clause 11.05-2 Melbourne’s hinterland areas

The proposal supports facilitation of residential development within the urban growth boundary of Ballan township.

Clause 15.01-3 Neighbourhood and subdivision design

The proposal would contribute to diverse lot sizes in Ballan consistent with the neighbourhood and with no unreasonable environmental impacts.

Clause 15.01-5 Cultural identity and neighbourhood character

The proposal is an acceptable response to the neighbourhood and landscape character of this part of Ballan.

LPPF Title Response

Clause 21.03-2 Urban Growth Management

The proposal supports the growth of Ballan, taking advantage of existing infrastructure without any detrimental impacts on the environment or character of the area.

Clause 21.03-3 Residential Development

The proposal would facilitate some diversity of lot size in the immediate area.

Clause 21.03-4 Landscape and Neighbourhood Character Objective

The proposal supports the emerging character of the area without any unreasonable amenity impacts.

Clause 21.08 Ballan The proposal supports urban growth in the Ballan township in accordance with the character of the neighbourhood and emerging pattern of subdivision in the area.

Zone General Residential Zone (GRZ) – Schedule 1 The development lies within the General Residential Zone and the provisions of Clause 32.08 and Schedule 1 to the Zone apply. A permit is required for subdivision of land under Clause 32.08-2 of the Scheme. The purpose of the GRZ is to: • Encourage development that respects the neighbourhood character of the area;

• Implement neighbourhood character policy and adopted neighbourhood character

guidelines;

• Provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport; and


• Allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

The proposal contributes to achieving the purpose of the zone and is supported by provisions of Clause 56 as required by the zone. Overlays Environmental Significance Overlay – Schedule 1 A permit is required under the Environmental Significance Overlay – Schedule 1 for the subdivision of land. The site is connected to reticulated water and sewerage. Relevant Policies Council adopted the Urban Growth Policy Statement at the OMC of the 19th September 2012. Council can give weight to this document under the provisions of section 60(1A) (g) of the Planning and Environment Act 1987. The policy states that: The Moorabool Growth Strategy 2041 aims to provide a vision for the type of community Moorabool Shire will be in 2041 and to outline how Council can facilitate an outcome that both allows for growth and keeps the community connectedness, character and sense of place so valued by our current residents. The urban strategy is about planning and managing the pressures of growth in a proactive manner so that a sustainable environment where people can live, work, access retail, social and recreational services and be involved and connected. The strategy looks at what our future population will be and what employment, services and infrastructure will be required to meet their needs so that Council can identify what growth options will meet these needs in a sustainable and cost effective manner. Council released the Ballan Structure Plan for public consultation in May 2013 as a strategic tool to guide the future development of Ballan. The area containing the subject site is identified for infill development. These policies have been considered to the extent appropriate in the writing of this report. Particular Provisions Clause 52.01 Public Open Space Contribution and Subdivision A subdivision is exempt from a public open space requirement specified in this scheme if it subdivides land into two lots and the council considers it unlikely that each lot will be further subdivided. In this instance it is considered that the proposed re-subdivision is not exempt from a public open space contribution, as the proposed larger ‘L’ shaped Lot 1 could be further subdivided. Therefore it is recommended that a public open space charge of 5% of the value of the land applies to this application.


Clause 56 – Rescode standards for subdivision Clause 56 provides objectives and standards for residential subdivision. This clause requires the submission of detailed information. Residential subdivisions should meet the objectives and standards contained within the clause. The proposal complies with all standards of ResCode (Clause 56). General Provisions Clause 65 – Decision Guidelines have been considered by officers in evaluating this application. Clause 66 - stipulates all the relevant referral authorities to which the application must be referred. Referrals The following referrals were made pursuant to s.55 of the Planning and Environment Act 1987 and Council departments were provided with an opportunity to make comment on the proposed development plan.



Central Highlands Water

Melbourne Water

Western Water

No objection subject to 1 condition

No comment

No objection, permit notes

No objection no conditions

Internal Referral Response

Infrastructure No objection subject to 3 conditions

The external Referral Authorities have provided responses not unusual to this type of development. Council’s Infrastructure Department has consented to the proposal. Discussion The proposal responds well to the State and Local Planning Policy Frameworks, the purpose of the General Residential Zone and the requirements of the Particular Provisions of the Moorabool Planning Scheme. With the inclusion of specific conditions it is considered that the proposal for subdivision (boundary realignment) would not create a detriment to neighbours or the immediate area. Financial Implications The recommendation to issue a Notice of Decision to Grant a permit for subdivision of the land will not represent any financial implications for Council other than the potential for the matter to be taken to VCAT for review.


Risk and Occupational Health and Safety Issues The recommendation of approval of this development does not implicate any risk or OH &S issues for Council. Communications Strategy Notice was undertaken for the application, in accordance with s.52 of the Planning and Environment Act 1987, and further correspondence is required to all interested parties to the application as a result of a decision in this matter. The applicant was invited to attend this meeting and invited to address Council if desired. Options Council could consider refusing this application on the grounds that the subdivision would create an expectation that development can occur in the future without any details of a future development. A refusal may trigger an application for review at VCAT by the applicant. Conversely a recommendation that a Notice of Decision to Grant a Permit is issued may result in the objector seeking a review at VCAT. Conclusion The proposal is generally consistent with the relevant policies contained within the Moorabool Planning Scheme. The subject land is located within the residential area of Ballan and has access to essential services. The proposal provides for an appropriate development of residential land and has been assessed against the relevant sections of the Moorabool Planning Scheme, and found to be supported by the policies therein. The application should be issued with a Notice of Decision to Grant a Permit. Recommendation: That, having considered all matters as prescribed by s.60 of the Planning and Environment Act, Council issues a Notice of Decision to Grant Permit PA2014105 for a two lot subdivision (boundary realignment) at 41 & 43 Edols Street, Ballan being Lot 1 on TP566783 (formerly pt CA3, S26, Parish of Ballan) & Crown Allotment 4, Section 26, Parish of Ballan, subject to the following conditions: 1. The formal plan of subdivision lodged for certification must be in accordance with






a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person for the provision of fibre ready telecommunication

facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

4. Before the issue of a Statement of Compliance for any stage of the subdivision

under the Subdivision Act 1988, the owner of the land must provide written confirmation from:





5. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.


services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.


must be referred to the relevant authority in accordance with Section 8 of that Act.

Infrastructure Conditions: 8. Sediment discharges must be restricted from any construction activities within the





cost and to the satisfaction of the Responsible Authority.


Southern Rural Water Condition: 11. The plan of subdivision submitted for certification must be referred to Southern

Rural Water in accordance with Section 8 of the Subdivision Act 1988. Melbourne Water Conditions: 12. Pollution and sediment laden runoff shall not be discharged directly or indirectly

into Melbourne Water’s drains or waterways 13. Prior to certification, the Plan of Subdivision must be referred to Melbourne Water,

in accordance with Section 8 of the Subdivision Act 1988.

Expiry Condition: 14. This permit will expire if one of the following circumstances applies:


b) The registration of the subdivision is not completed within five (5) years of the date of certification of the plans of subdivision.

The Responsible Authority may extend the time referred to at condition 64 (a) if a request is made in writing before the permit expires or in accordance with the timeframes as specified in Section 69 of the Planning and Environment Act 1987. Permit Notes: Melbourne Water If further information is required in relation to Melbourne Water’s permit conditions, please contact Melbourne Water on 9679 7517, quoting reference number: 238593. Report Authorisation Authorised by: Name: Satwinder Sandhu Title: General Manager Growth & Development Date: 16 January, 2015


Attachment 6 Agenda Item 4.5; Planning Permit Application 2014 172 Development and Use of a Dwelling and Outbuilding (Shed) in Association with the Use of the land for Agriculture; at Crown allotments 6 & 8, Section 2, Parish of Warrenheip; Mahars Road, Warrenheip



Lodgement Date: 14 July, 2014

Planning Officer: Roger Cooper

Address of the land: Crown allotments 6 & 8, Section 2, Parish of Warrenheip; alternatively known as Mahars Road, Warrenheip

Proposal: Development and Use of a Dwelling and Outbuilding (Shed) in Association with the Use of the land for Agriculture

Lot size: 11.75 hectares (consolidated)

Why is a permit required? Farming Zone: Clause 35.07-1, section 2, use of a Dwelling on land less than 40ha.

Farming Zone: Clause 35.07-4, Buildings and works for a use in section 2 of Clause 35.07-4

Restrictions registered on title Covenant as to part E904765



The application was advertised due to the potential impact of a dwelling in proximity to adjoining existing agricultural uses.

Number of notices to properties: Seven (7)

Notices on site: One (1) Notice in Moorabool Newspaper: Not applicable

Number of Objections: Two (2)

Consultation meeting: None held





Strategy






Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager – Sian Smith In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Roger Cooper


Executive Summary:

Application referred? The application was referred externally to Central Highlands Water, Tenix (Gas) and Powercor. The application was also referred internally to infrastructure and environmental health.


None raised. Powercor (s. 52) mistakenly applied subdivision conditions to the permit, however following acknowledgement of the error sent a revised response in January, 2015. They are only a discretionary referral authority for the proposed dwelling’s approx. 60m setback to high voltage power lines. The revised response does not include any permit conditions.

Preliminary Concerns? The Officer had some concerns the proposed agricultural use of a cattle stud could also be interpreted primarily as grazing activity, for which justification for a dwelling is difficult to establish. The soil in this location is considered to be among the most fertile in the shire and so integrity of the agricultural use is significant.



The applicant provided further support of the proposal after the Officer sent questions about how the proposal increases the agricultural capacity of the land and complies with relevant state and local planning policy. The applicant maintains the dwelling is required for 24 hour supervision of the cattle stud operation and valuable stock.


No

VCAT history? None

Previous applications for the site? None

General summary The application is for development and use of the land for a dwelling on land identified at CAs 6&8, Section 2, Parish of Warrenheip at Mahars Road, Warrenheip. The total land area for the subject site is 11.75 hectares. The subject land is located on the south-western corner of Mahars Road and Forbes Road approximately 700m south of the Western Freeway and approximately 7kms east of the centre of the City of Ballarat.

The Farm Plan states that the site is highly productive agricultural land and would be used for a seed stock herd of Lowline cattle (a sub-breed of Australian Angus). This is a more intensive operation than the limited cattle grazing activity that currently exists on the land.

It is considered that the proposed application is generally consistent with the State and Local Planning Policies of the Moorabool Planning Scheme, which is discussed later in this report.

Two (2) objections were received based on integrity of the farm management plan, fragmentation of land from one ownership (encouraging another future dwelling application), approval will encourage unwanted ‘lifestyle’ blocks in this farming region, and the proposed dwelling will compromise chemical spraying activity of a nearby farmer which is their livelihood.

In this instance it is considered that the subject land is prime agricultural land which is of strategic significance in the local and regional context, but that the location of the dwelling in the north east corner of the site would not impact on the use of the balance of the land for agriculture. No empirical evidence has been provided that other adjoining and adjacent farming activities will be compromised by the proposed dwelling. The dwelling would also strengthen a small local community in close proximity to major infrastructure (Western Freeway/Highway environs).


General summary cont... While the protection of agricultural and horticultural land is an important planning outcome it is recommended that the application is supported.


It is recommended that Council issue a Notice of Decision to Grant a permit for this application in accordance with Section 60 of the Planning and Environment Act 1987 subject to conditions detailed at the end of this report.

Background None Public Notice The application was notified to adjoining and surrounding landowners and, by sign on site for the period 18 August, 2014 to 1 September, 2014. Two objections were received. Summary of Objections The objections received are detailed below with officer’s comments accompanying them:


Planning permit application is not for a genuine farm enterprise and the farm management plan makes false and misleading statements. Owner is just attempting to increase the value of the land for sale through the permit process.

Clause 14.01 Agriculture

Clause 21.04-2 Objective – Agriculture

Clause 22.03 Houses and House Lot Excisions in Rural Areas

Officer’s response – The farm management plan (FMP) is very basic and Council takes the applicant at their word that they wish to live on and farm the land in accordance with their FMP. The FMP runs with the land and should the land be sold, the purchaser is also required to develop the land in accordance with the planning permit and FMP or an approved agricultural use. The FMP is generally consistent with a valid agricultural use; however the authenticity of the statements in the document cannot be verified by Council Officers.

Granting a planning permit for the subject lots (6 & 8) fragments the land from more adjacent land under the same ownership. If this was a genuine application, the owner should have incorporated all his adjacent land under the one application. If this permit is granted, the owner will repeat the process for nearby vacant land under his ownership.




Clause 35.07 Farming Zone

Officer’s response – A check of Council records shows the land owner (J Frawley) also owns approx. 13ha opposite the subject land on the northern side of Mahars Road. The application would decouple the land from a larger holding; however this application does consolidate two titles accompanied by a FMP. Future applications involving dwellings should be decided on merit; however subsequent approvals which diminish the potential for genuine agricultural activity in this area should be discouraged.


There is no substance to claims in the farm management plan; the proposed cattle stud requires close and daily supervision.

None applicable

Officer’s response – It could be considered that a small scale cattle stud of this nature (1 bull), for which a substantial component is grazing, does not require 24 hour supervision. However the applicant claims the dwelling provides their stock with imperative security requirements, breeding is more than just seasonal and their full time occupation of the land affords them better land management outcomes.

The ongoing approval of applications for dwellings in this agriculture rich region, with less than convincing justification for farming activity, will result in a surge of ‘lifestyle’ blocks incompatible with traditional farming activities such as chemical spraying and noise.




Clause 35.07-6 Decision Guidelines in the Farming Zone

Officer’s response – While dwellings can conflict with some agricultural activities, there is substantial evidence to suggest they can co-exist. There are seven (7) dwellings within 1km of the subject land and various degrees of agriculture from grazing stock to crops requiring airborne chemical spraying. This planning application includes a FMP for an agricultural use which will be tied to the permit via a section 173 agreement. Council’s Rural Growth Policy also encourages dwellings in the Farming Zone where communities are strengthened.

The proposed dwelling’s location has the potential to impact on our long standing airborne chemical spraying activity and pest control practices. Maintaining our status as Certified Seed Potato Growers requires strict compliance with hygiene standards. Compromising this status could have a significant effect on our livelihood.





Officer’s response – The proposed dwelling is located 200-300m from the land of this objector, which claims they carry out airborne chemical spraying. Some contamination of the subject land may be possible, however no specific details of the area, type or duration of spraying has been provided by the objector. Occupants of the dwelling would be fully aware of the surrounding agricultural activity and associated risks of dust, odour, spray, etc. Council cannot rely on these statements unless valid empirical evidence of conflict is provided.

If approved the application could lead to a number of similar approvals in our area, which are incompatible with our long standing farming activity.






Officer’s response – Occupants of the dwelling would be fully aware of the surrounding agricultural activity and associated risks of dust, odour, spray, etc. Council cannot rely on these statements unless valid empirical evidence of conflict is provided. Council’s Rural Growth Policy also encourages dwellings in the Farming Zone where communities are strengthened. Dwellings and agricultural activities currently co-exist in this locality.

Proposal The proposal involves the development of a single storey weatherboard style country homestead on the subject site. The proposed dwelling would have a total floor area of approximately 18.5sq and would comprise three bedrooms, a study, bathroom, kitchen/meals area, separate open plan lounge/family and be encompassed by a 152sqm verandah. The proposed dwelling would be sited approximately 40m from Mahars Road and approximately 25m from the eastern boundary. A new access from Mahars Road would be constructed towards the north-east corner of the site. A 181sqm shed would be constructed approximately 30m west of the dwelling and would be located a minimum of 90m from the west side boundary. A Farm Management Plan (FMP) was provided with the application. The FMP states that site contains soils of high agricultural productivity. The application states that the land would be used for seed stock herd of Lowline cattle (a sub-breed of Australian Angus). The applicant states the cattle stud under the land owner’s supervision will increase and enhance the current low intensity grazing activity of the property. As a part of the application, Crown Allotment’s 6 (proposed to contain the dwelling) & 8 (proposed to contain the balance of the agricultural use for a cattle stud) would be consolidated on one title.


Proposed Site Plan, Floor Plan and Elevations


Site Description An inspection of the site was undertaken on 16 September, 2014. The decision guidelines of the Moorabool Planning Scheme require that the responsible authority consider, amongst other matters, the orderly planning of the area and the effect of the proposal on the amenity of the area together with any proposals or permits granted in the surrounding or adjoining area. The subject land is made up to two parcels – CA 6 to the north with frontage to Mahars Road which is rectangular in shape and is proposed to contain the dwelling; and CA 8 to the south-east which is irregular shaped and proposed to contain the balance of the cattle stud. The site is substantially clear of vegetation and has rolling topography. Access to the site is via an informal crossover on the northern boundary abutting Mahars Road. A secondary access for previous farming activity is located on the east boundary to Forbes Road. There are no improvements on the site or any water supply. The land is located on the south west corner of the intersection of Mahars Road and Forbes Road and is approximately 7kms east of the centre of the City of Ballarat. Surrounding land is zoned Farming. There are no dwellings located within 400m of the proposed dwelling, however there are Seven (7) dwellings existing or approved in the range of 400m - 1km from the site. A search of Council records shows that there have been only Seven (7) new dwellings approvals in the last five years in the Warrenheip, Dunnstown and Bungaree areas. Locality Map The site below indicates the location of the subject site and the zoning applicable to the surrounding area.

Subject site


Planning Scheme Provisions Council is required to consider the Victoria Planning Provisions and give particular attention to the State Planning Policy Framework (SPPF), the Local Planning Policy Framework (LPPF) and the Municipal Strategic Statement (MSS). The relevant clauses are:

SPPF Title Response

Clause 11.05-3 Rural productivity The proposal promotes agriculture and rural production in an appropriate location. The subject and surrounding land has been identified as highly productive agricultural land of regional significance and there are many examples of where dwelling’s and agricultural operations currently co-exist.

Clause 14.01-1 Protection of agricultural land

The proposed dwelling is to support a breed of Angus cattle stud. The dwelling should not be supported without tying it to a suitable agricultural use, which can be done via a section 173 agreement registered on title to the consolidated crown allotments.

Clause 16.02-1 Rural residential development

Warrenheip is an existing settlement where dwellings and agricultural uses co-exist. The proposed dwelling should only be approved where it is in association with a suitable agricultural use, as in this case demonstrated by the applicant.

LPPF Title Response

Clause 21.01-2 Municipal context, Key Issues, Economic development

White the proposed dwelling is located in a regionally significant agricultural area in the west of the shire, it is to support an agricultural use and surrounding land has other examples of dwelling’s co-existing with agricultural operations. The relatively small land holding lends itself to being able to operate a breed of Angus cattle stud of this size.

Clause 21.03-4 Landscape and Neighbour-hood Character

The applicant provides the proposed dwelling is required to facilitate the safe and secure management of a breed of Angus cattle stud. Surrounding land has other examples of dwelling’s co-existing with agricultural operations.


Clause 21.04-1 Key issues and influences, agriculture and horticulture

The protection of agricultural and horticultural production is an important planning outcome.

Farm businesses need to be able to retain the capacity to operate as agricultural enterprises.

The proposal achieves this by tying the development of the dwelling to a suitable agricultural use on the land.

Clause 21.04-2 Objective – Agriculture Farming integrity is protected by tying the development of the dwelling to a suitable agricultural use on the land.


Agriculture is still the major land use in the Shire and a significant component of the economy.

The Shire is committed to facilitating sustainable agriculture and protecting the long term supply of productive agricultural and horticultural land. There is need to avoid fragmentation of land suitable for rural production by discouraging subdivision and houses that are unrelated to the rural use of the land.

It is also important to ensure that farm production is not compromised or adversely affected by residents living in rural areas.

The proposal is an acceptable outcome for the locality of Warrenheip where dwellings and agricultural enterprises currently co-exist.

Zone Pursuant to Clause 35.07-1, section 2, and the schedule to the Farming Zone, a planning permit is required to use the land for a dwelling if the land is less than 40ha. Pursuant to Clause 35.07-4 of the Farming Zone a planning permit is required for building or works associated with a use in section 2 of Clause 35.07-1. The subject site is in the Farming Zone. The Purpose of the Farming Zone is to implement the State and Local Planning Policy Frameworks, including the Municipal Strategic Statement and local planning policies and to: • Provide for the use of land for agriculture;

• Encourage the retention of productive agricultural land;

• Ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use

of land for agriculture; • Encourage use and development of land based on comprehensive and sustainable land

management practices and infrastructure provision; and


• Encourage the retention of employment and population to support rural communities.

The lot must be at least the area specified in a schedule to this zone which states the minimum area for which no permit is required to use land for a dwelling is 40 hectares. Farming Zone – Decision Guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: • Whether the dwelling would result in the loss or fragmentation of productive agricultural

land;

• Whether the dwelling would be adversely affected by agricultural activities on adjacent and nearby land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of operation;

• Whether the dwelling would adversely affect the operation and expansion of adjoining and nearby agricultural uses;

• The potential for the proposal to lead to a concentration or proliferation of dwellings in the area and the impact of this on the use of the land for agriculture;

• Whether the use or development will support and enhance agricultural production;

• The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural uses and to minimise the loss of productive agricultural land;

• The capability of the land to accommodate the proposed use or development, including the disposal of effluent;

• How the use or development relates to sustainable land management;

• Whether the use or development will adversely affect soil quality or permanently remove land from agricultural production;

• The potential for the use or development to limit the operation and expansion of adjoining and nearby agricultural uses;

• The capacity of the site to sustain the agricultural use; and

• The agricultural qualities of the land, such as soil quality, access to water and access to rural infrastructure.

Overlays No overlays cover the subject land.


Particular Provisions No particular provisions apply to this application. General Provisions Clause 65 – Decision Guidelines have been considered by officers in evaluating this application as appropriate. Restrictive Covenants Parts of each Crown Allotment contain Restrictive Covenant E904765 relating to an easement for the former Gas & Fuel Corporation. The easement is located over the adjoining title boundaries for Lots 6 & 8 where no permanent structures are proposed, so the proposal is not affected by the restriction. Discussion The Farming Zone in the Moorabool Planning Scheme provides discretion for a permit to be granted to use and develop land for the purposes of a dwelling on a lot less than 40ha. The purposes of the Farming Zone are to provide for the use of land for agriculture, encourage the retention of productive agricultural land and ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture. Other purposes are to encourage the retention of employment and population to support rural communities, and encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. There are State and Local planning policies providing additional guidance to Council on the objectives that are to be achieved in relation to the protection of prime agricultural land across Victoria. The use of land for a dwelling in the Farming Zone on a lot less than 40ha in the Moorabool Planning Scheme is discouraged unless it can be demonstrated that the agricultural use of the land will not be compromised, the application will not lead to a proliferation of dwellings in the surrounding area, the application will support retention of local communities and sustainable land management practices and infrastructure provision. The proposal was accompanied by a Farm Management Plan which outlined the agricultural potential of the land in terms of breeding a seed stock herd of Lowline cattle. In considering the application in this part of Warrenheip where dwellings and agricultural land uses currently co-exist, the primary question is whether the dwelling will support the use of the land for agriculture, and whether the use or development of a dwelling will support and enhance agricultural production. On balance it is considered that the use and development of a dwelling on the land, located in the north-east corner of the site, would not impact on the use of the balance of the land for agriculture. The proposal also includes a more intensive form of agriculture that currently exists on the land and the immediate locality within 1km already has seven (7) existing or approved dwellings. It is also evident the application will strengthen a small local community in close proximity to major infrastructure (Western Freeway/Highway environs).


Council’s Rural Housing Policy (RHP) A Council Policy has been developed to provide direction for how limited farming potential rural dwellings should be considered, and more broadly, rural settlement patterns. The policy seeks to articulate support for resilient and integrated rural communities and agricultural enterprises, recognising that ‘State Government Planning Policy Framework does not adequately recognise or support agriculture trends and rural settlements in the Moorabool Shire’. Council believes that the existing ‘one size fits all’ rural land use policies have proven to be inadequate for peri urban Shires such as Moorabool; and policy direction needs to be mindful of the existing subdivision pattern, with many allotments substantially less than 40 hectares in size, and the opportunities available to support and enhance existing settlements. The principles of the policy relevant to this application include: • Support the agriculture sector so that it can be more productive, diverse, resilient and

adaptive to changing agricultural trends, including supporting agricultural activities that recognise Moorabool’s advantageous proximity to market;

• Protect agricultural land use from loss and allow development that increases agricultural productivity;

• Focus growth opportunities in settlements along major transport corridors, in particular where there is physical and social infrastructure and services;

• Recognise that there is substantial existing lots under 40 hectares capable of supporting the viable operation of agricultural enterprises; and

• Promote a rural housing market that meets the needs of the Shire’s rural communities And specifically that: • Land parcels for the proposed on farm living dwellings are to have a minimum lot size of

8 hectares and is within the areas identified in Map 1 so as to support retain population within rural communities (Map 1 refers–red).

The subject land is located in an area designated on Map 1 in red, as being a rural development area. RHP Comment: The policy provides guidance with respect to limited farm potential rural dwellings in this area of the Shire. The land meets the criteria of having a minimum lot size of 8ha and the dwelling is supported by a Farm Management Plan with a suitable agricultural use on the land.


Referrals The following referrals were made pursuant to s.52 of the Planning and Environment Act 1987 and Council departments were provided with an opportunity to make comment on the proposed development plan. No mandatory referrals were required under section 55.

External Authority (Section 52) Response

Central Highlands Water

Tenix (Gas)

Powercor

No objection

No objection

No objection

Internal Authority Response

Infrastructure




All referral authorities consented to the application, subject to appropriate conditions being placed on any permit issued. Financial Implications The recommendation of an approval of this development would not represent any financial implications to Council. Risk and Occupational Health and Safety Issues The recommendation of an approval of this development does not implicate any risk or OH&S issues to Council. Communications Strategy Notice was undertaken for the application, in accordance with the Planning and Environment Act 1987, and two (2) objections were received. The applicant was informed that this matter would be heard by Council and was advised of their right to address Council. The applicant will be advised of Council’s determination. Options An alternative recommendation would be to refuse the application on grounds the proposal reduces the land’s capacity for agriculture or causes detriment to adjoining agricultural operations, however this would likely result in an application being lodged by the proponent at VCAT. PA2013 118 for a dwelling in association with agriculture approved by Council as a NOD was taken to VCAT by an objector; however the decision of Council was affirmed. Conclusion It is considered that the application is generally consistent with the State and Local Planning Policy Framework and the Municipal Strategic Statement of the Moorabool Planning Scheme. The proposal is also considered to be consistent with the purpose and decision guidelines of the Farming Zone.


Recommendation: That, having considered all matters as prescribed by s.60 of the Planning and Environment Act, Council issues a Notice of Decision to Grant Planning Permit number PA2014172 subject to the following conditions:

1. Before the use and development starts, the land known as Crown Allotments 6 &

8, Section 2, Parish of Warrenheip, Mahars Road, Leigh Creek must be consolidated to form one land parcel.

2. The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority.

3. The approved Farm Management Plan has been endorsed and forms part of the permit and must not be altered without the written consent of the Responsible Authority.

4. Before the use of development commences the owner must enter into an

agreement with the Responsible Authority made pursuant to Section 173 of the Planning and Environment Act 1987 and to the agreement being registered on the titles to the land under Section 181 of the Act, which provides to the satisfaction of the Responsible Authority that:

a) Agricultural activities identified in the endorsed Farm Management Plan or

approved by the Responsible Authority in writing, must be undertaken on the land and must be in accordance with the Farm Management Plan endorsed under the relevant Condition 2 of the Planning Permit.

b) The owner must pay the reasonable costs for the preparation, execution and registration of the Section 173 Agreement.

5. All external materials to be used in the construction of the dwelling and shed hereby permitted shall be of muted toning and non-reflective and shall not result in any adverse visual impact on the amenity of the surrounding area to the satisfaction of the Responsible Authority.

Environmental Health Conditions:

6. The recommendations of the land capability assessment prepared by Provincial

Geotechnical Pty Ltd 30 June 2014 Reference No: F4126 must be adhered to.

7. The applicant must apply for a permit to install a septic tank.

Infrastructure Conditions: 8. A standard rural vehicle crossing with culvert must be provided on Mahars Road

to the satisfaction of the Responsible Authority. A vehicle crossing permit must be taken out for the construction of the vehicle crossing.

9. Storm water drainage from the proposed buildings and impervious surfaces must be retained and disposed of within the boundaries of the subject land to the satisfaction of the Responsible Authority. Overflows from on-site storage systems must be directed away from any waste water disposal areas.


10. Sediment discharges must be restricted from any construction activities within the property in accordance with relevant Guidelines including Construction Techniques for Sediment Control (EPA 1991).

11. Unless otherwise approved by the Responsible Authority there must be no buildings, structures, or improvements located over proposed drainage pipes and easements on the property.


cost to and to the satisfaction of the Responsible Authority.

Expiry Condition: 13. This permit will expire if one the following circumstances apply:

a) The development is not started within two years of the date of this permit; and

b) The development is not completed within four years of the date of this permit.

Council may extend the periods referred to if a request is made in writing before the permit expires or in accordance with the times frames as specified in Section 69 of the Planning and Environment Act 1987. Report Authorisation Authorised by: Name: Satwinder Sandhu Title: General Manager Growth & Development Date: 16 January, 2015


Attachment 7 Agenda Item 4.6; Planning Permit Application 2013 070 Building and Works associated with Transport and Storage of Clean Earth Fill and Removal of Native Vegetation (Scattered Native Grasses) at Lot 1 on PS 419531H, Geelong – Bacchus Marsh Road, Parwan.



Lodgement Date: 9 April, 2013

Planning Officer: John Edwards

Address of the land: Lot 1 on PS 419531H Geelong-Bacchus Marsh Road, Parwan (accessed from Cummings Road, Parwan)

Proposal: Building & Works associated with Transport and Storage of Clean Earth Fill and Removal of Native Vegetation (Scattered Native Grasses)

Lot size: 24.91 hectares

Why is a permit required Clause 37.01 Special Use Zone – Schedule 1 (Coal Mining)

Clause 42.01 Environmental Significance Overlay – Schedule 2 (Waterway protection)

Public Consultation: Number of notices to properties: Nineteen (19)


Number of Objections: Two (2)

Consultation meeting: None held


Key Result Area Enhanced Natural and Built Environment.

Objective Effective and efficient land use planning and building control.







Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager – Sian Smith In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – John Edwards


Executive Summary:

Application Referred? Referred to surrounding land owners and occupiers; internal departments; and to Referral Authorities


Sediment control and other measures needed to protect Catchment Riparian buffer distances to operations.

Road Access Points

Wastewater Management (Septic)

Preliminary Concerns? Access by Cummings Road only, not to have direct access to Geelong-Bacchus Marsh Road.

Protection of catchment water quality

Impact on Native Vegetation

Amenity (noise, dust, odour, contaminants, hours of operation, etc)

Wastewater Management

Fill volumes and associated truck movements

Any discussions with applicant regarding concerns?

Meeting held with applicant(s) at the office to discuss concerns, and several follow-on phone calls and emails.

Cultural Heritage Management Plan supplied.

Initial report and second report - Native Vegetation Assessment.

Access driveway dimensions, location and construction – several versions.


Further information was required by all internal departments and Southern Rural Water (SRW). Melbourne Water (MW) initially objected to the proposal.

Applicant was required to follow through with MW to attempt to resolve issues of the objection.

Following further discussions between the parties and the supply of further information requested, MW withdrew their objection and both MW and SRW did not object to the proposal subject to the inclusion of required permit conditions.


Changes made to plans showing locations for driveway and loop road, and for location of Clean Earth Fill stockpiles as a result of discussions with Water Authorities, and Consultant reports on Native Vegetation.

Addition of “removal of native vegetation (scattered native grasses)” to permit title to clarify that some scattered native grasses would be removed for driveway and within area for stockpiling soil. The non-scattered native grasses area(s) are to be preserved and protected as part of the allowance to remove some of the lesser density areas for the development.

VCAT history? No VCAT history with current owner at this site.


The previous owner received a permit for a shed (PA2002-270) nearer to the Geelong-Bacchus Marsh Road frontage; and had previously made application for a dwelling which was withdrawn (PA27/00)

General summary The applicant seeks approval for the use and development of the land through buildings and works associated with the transport and storage of clean earth fill. The proposal will involve: • The creation of a new loop access track into the site

from Cummings Road;

• Small transportable office & toilet;

• Storage of individual clean earth fill/soil stockpiles on 4.2HA centrally. Total site is 24HA;

• Some removal of scattered native grasses within areas of predominantly exotic grasses will occur for the placement of the accessway and designated soil stockpile areas. These avoid areas containing the higher proportions of native grasses which are to be protected and preserved;


General summary • A significant portion of the land will be within the Exclusion Zone established to protect the native grasses and remnant vegetation;

• Anticipated deliveries 12 semitrailer/truck (22m3

capacity) per day;

• Expected annual volume of clean earth fill delivered 30,000m3;

• The operating hours will be Monday – Friday 7:00am – 4:00pm , and Saturday 7:00am – 12:00pm;

• The maximum staff numbers working on site at any one time will be two (2).

• No weighbridge and no facilities for repair and servicing of trucks are required for this site.

• No permanent waste disposal system will be used on site, as all effluent will be monitored and collected by a nominated waste contractor

• The access track and stockpile areas are to avoid

identified and notated areas of native vegetation and restrict access to and protect the listed aboriginal places at the site. Barriers and capping are to be installed as required.

• All aboriginal places are to be protected from damage by

covering with matting and soil in the prescribed manner as per Cultural Heritage Management Plan (CHMP).

Special consideration and restriction of siting for access track(s) and soil stock piles is paramount due to the presence of native vegetation on some of the site as well as four (4) registered aboriginal heritage places.

Native vegetation damage or removal is to be avoided by the careful placement of the access track driveway, vehicular/machinery movements and stockpiles to avoid areas of native grasses.

Any damage or removal of this native vegetation will require a separate planning permit application for the removal of native vegetation.

AAV Aboriginal Heritage Victoria has allowed the use of the land for clean fill storage subject to adoption of agreed protection measures for the four (4) identified aboriginal places in particular, and areas of aboriginal heritage sensitivity in general, as identified within Cultural Heritage Management Plan Number 11963 (Lot 1, 4265 Geelong-Bacchus Marsh Road, Parwan: Landfill and Soil Extraction) 4 March, 2013.


General summary The application was advertised in the locally circulating newspaper. Nineteen (19) public notices were posted to surrounding landowners and occupiers with a public notice period of five (5) weeks allowed for submissions. Two separate submissions were received from three (3) signatories representing two (2) properties.

Concerns raised related to noise; early hours of operation; dust and potential contamination of that dust; access to the property and damage to existing roads; visual screening with vegetation and fencing; and perceived inappropriate use within the Special Use Zone.

Given the location of the subject land within a zone specifically focussed on coal mining and compatible uses, it is considered that amenity impacts caused by the transport and storage of clean earth fill at the site could be adequately addressed through the application of permit conditions and as such it is recommended that a permit be granted.


That, having considered all relevant matters as required by s.60 of the Planning and Environment Act 1987, Council resolve to issue a Notice of Decision to Grant a Permit for Buildings and Works associated with the Transport and Storage of Clean Earth Fill at Lot 1 on PS 419531H, Geelong-Bacchus Marsh Road, Parwan (accessed from Cummings Road, Parwan).

Background Any additional context not provided in the table. This section may not be necessary for all applications. Public Notice The application was advertised in the locally circulating newspaper. Nineteen (19) Public Notices were posted to adjacent landowners and occupiers, and a sign placed on site. The Notice period was for five weeks from 9 December 2013 to 15 January 2014. This was extended beyond the usual two week period due to Christmas. Two (2) written submissions were received objecting to the proposal, and one also offering suggestions to mitigate some adverse impacts.


Summary of Objections The objections received are detailed below with officer’s comments accompanying them: Objection Any relevant requirements

This type of company has a habit of letting council down when it comes to cleaning up after itself

Special Use Zone (SUZ1) – Purpose 4 & 5

Officer’s response - Extensive discussion with the applicant(s)/owners and consultant have occurred through the assessment period to address areas of concern.

CHMP and Flora & Fauna Management Plans address a significant portion of the areas of concern. Enforceable planning permit conditions will further strengthen the amenity of the applicant towards fulfilment of their obligations.

Discussions with the applicant have further established that the anticipated maximum volume of soil to be moved per year is 30,000 ML. Permit conditions will identify this limitation and require the permit holder to record movements to be supplied to the council to verify volumes being transported and stored.

Extra dust caused by the proposal – how will the dust be suppressed on a daily basis?


Officer’s response - Permit conditions will require vegetative buffers and dust suppression activity to be undertaken as required.

Contaminated dust from unknown sources impacting livestock, water supply and plant growth and subsequently the family


Officer’s response - The permit is for the transport and storage of clean earth fill, the presence of chemically contaminated, physically contaminated or otherwise contaminated earth fill will be in breach of the permit.

Wind-blown litter is to be collected and stored within the rubbish enclosure for disposal.

Overland flow collection/retardation measures are also required.

Permit conditions and the Environmental Management Plan will outline and enforce dust suppression.

Concerned that contaminated dust will impact health of house inhabitants already with health issues and compromise current lifestyle


Officer’s response - See above.


Entry from Cummings Road will require significant excavation to establish the driveway. How will construction dust be controlled?


Officer’s response - Approved sediment control techniques will be followed during construction, including dust suppression.

Extra trucks travelling up/down the hill from the land into Cummings Road will be a traffic concern.

Special Use Zone (SUZ1) – Purpose 5

Officer’s response - While this is of concern, the entry point will be constructed in a manner to maximise visual acuity and minimise this risk.

Entry directly onto Geelong Road would be far too dangerous to consider.


Officer’s response - Access directly to Geelong-Bacchus Marsh Road from the land for the proposed use is to be prohibited. The planning permit will stipulate ingress/egress from Cummings Road only, as well as access northwards along Cummings Road with access to Geelong-Bacchus Marsh in the north only.

Beeping of trucks [or machines] reversing will be highly noticeable, especially at 7:00am on a Saturday morning in a rural area.


Officer’s response - All vehicular movements to and from the site are to only occur during normal scheduled working hours, unless approval has been granted by the responsible authority in writing.

Livestock/horses spooked by machines and trucks going up and down the fence line


Officer’s response - A landscape vegetation buffer along northern boundary, southern boundary sections and positioned in north-south alignment should help minimise visual disturbance.

Impact of extra dust on our racehorses affecting their competitiveness at a racing level and extra health issues causing loss of income


Officer’s response - The suppression of dust at the site will minimise any impact from extra dust caused by the storage activities.


Special Use Zone for coal mining, to prevent other development in the zone


Officer’s response - The purpose of this zone is to not only recognise and provide for the use and development of land for coal mining, but also to provide for use of the land compatible with the primary purpose of the zone. The storage of clean earth fill utilises the surface of the land and is a use with similar amenity issues and as such is compatible to an area promoting coal mining.

Causing damage to roads Special Use Zone (SUZ1) – Purpose 4 & 5

Officer’s response - Issues relating to vehicles exiting/entering the site to Cummings Road will be addressed through appropriate permit conditions.

Significant landscaping needed to minimize visual impact from our house.


Officer’s response - Another listed purpose of the zone is to encourage land management practice and rehabilitation that minimises adverse impact on the use and development of nearby land. Landscaping of the land will provide a vegetative buffer to help reduce the transmission of noise and dust as well as improve visual amenity.

Intense planting of indigenous trees and understorey needed along internal north-south fence line [beside dam & shed]


Officer’s response - This is a positive suggestion within the written submission of an objector recognising the importance of the use of trees as a significant buffer between the proposed activity and neighbouring land.

This will help reduce noise and dust and help to clearly delineate part of the boundary between the storage area and the 50m creek buffer required by MW.

It appears it will not increase local employment, enhance the local environment, contribute to any conservation of natural assets and flora or benefit Parwan in any way.


Clause 52.17 Native Vegetation


Officer’s response - The land is currently vacant land on a high undulating plateau. There is existing rubbish dumped within one of the gullies and the property currently receives little maintenance.

The proposal will involve improved land management practices, including the identification of and thus improved protection of the native grasses contributing to conservation of natural assets and flora, and improvements in the visual amenity from a distance via plantings.

There is an increased volume of local activity impacting upon the local economy as a result of the proposal. The delivery of clean fill by up to 12 trucks per day, plus the removal by truck of significant volumes of fill from the site to locations throughout metropolitan Melbourne adds to the economy and increases employment in general and therefore has the potential to add to local employment directly as well as indirectly.

Proposal The proposal is for buildings and works associated with the transport and storage of clean earth fill upon the land at Lot 1 on PS419531H known as Geelong-Bacchus Marsh Road in Parwan. The land has direct frontage to both Geelong Road in the east and Cummings Road in the west. It is intended to create an access driveway into the land from Cummings Road near to the southwest corner and establish a transportable office/lunchroom building and portable toilets. The proposed activity will at no time utilize the access to the Geelong – Bacchus Marsh Road. Individual stockpiles of clean earth fill will be stored upon the land within the areas to be clearly identified and matching those crosshatched areas indicated on the supplied plans, incorporating approximately 4.2 hectares. The creation of a new access track from Cummings Road at the west of the site will provide access for trucks to a loop road with a loading and unloading area for soil supported by a small transportable office. No weighbridge facilities or truck servicing facilities will be provided at the site. The operating hours will be Monday – Friday 7:00am – 4:00pm and Saturdays and Public Holidays, 7:00am – 12:00pm. Deliveries of fill will be by semi-trailer anticipating up to 12 deliveries in a day (22m3 per truck). This equates to a maximum 75,000m3 delivered to the site annually. It is anticipated that similar numbers of trucks will be removing fill from the site. The maximum staff numbers working on site at any one time will be two (2). The use of the land as indicated on the site plan(s) is for the storage of individual clean earth fill/soil stockpiles (on 4.2HA) which will be transported to and from the site to dedicated locations throughout metropolitan Melbourne where clean fill is required.


The remainder of the site will not be used for storage of clean earth fill. A significant portion of the land will be within the Exclusion Zone containing the native grasses and remnant vegetation to be protected. All Native Vegetation is to be protected in accordance with the Flora & Fauna, and Native Vegetation Assessment Reports. The access track and individual stockpiles are to avoid identified and notated areas of native vegetation and restrict access to the listed Aboriginal Places on the site. Barriers are to be installed as required. All aboriginal heritage places are to be protected from damage by covering with matting and soil in the prescribed manner as per CHMP Special consideration and restriction of siting for the access driveway and soil stock piles is paramount due to the presence of native vegetation (indigenous grasses) on the site as well as four (4) listed Aboriginal Places. Native vegetation damage or removal is to be avoided by the careful placement of access tracks and stockpiles to avoid identified stands of native grasses, and to minimise impacts on the scattered native grasses. Some scattered native grasses will be removed for the access road and stockpiling areas. Any damage or removal of native vegetation (>40% grasses coverage of the surface area) will require a separate planning permit application for the removal of native vegetation. With the exception of the designated and endorsed access track, excavation and levelling of the site is not permitted as part of the permit for Stockpiling of clean earth fill. Site Description The subject site is located approximately four (4) kilometres southeast of the central Bacchus Marsh town centre. It is very roughly rectangular in shape and abutting two roads – Cummings Road to the west and Geelong-Bacchus Marsh Road to the east. Cummings Road is a sealed rural profile local collector, and Cummings Road intersects Geelong-Bacchus Marsh Road about 1.5km to the north at an acute angle. The land is 24.91 hectares in size with the western frontage to Cummings Road at 392.27m, southern side boundary at 704.3m, the eastern Geelong-Bacchus Marsh Road frontage at 330.73m and the roughly convex shaped northern side boundary at 757.17m. The land is undeveloped except for the existing rural outbuilding towards the north-eastern boundary. An Environmental Significance Overlay-Schedule 2 (Waterways protection) is located along the Parwan Creek which covers a section along the south-western property boundary. The land is located on the eastern edge of the Special Use Zone – Schedule 1 (Coal Mining). Maddingley Coal Mining operations are adjacent to the site abutting the western side of Cummings Road. The major landform of the property is undulating plain, with the exception of the western boundary, where there is an escarpment. This significant drop is part of the valley of the


Parwan Creek. There are also two (2) gullies, one of which has been used for dumping rubbish. There are a few isolated trees scattered over the allotment, and some significant shelterbelt tree plantings closer to the eastern Geelong-Bacchus Marsh Road frontage. There is an existing dam closer to the Geelong-Bacchus Marsh Road frontage positioned at approximately 120m from this road frontage and 80m from the northern side boundary. An existing driveway from Geelong-Bacchus Marsh Road adjacent to the northern side boundary provides direct access to an existing shed setback approximately 190m. This shed is believed to be connected to power and reticulated water. There is an existing north-south fence line with extensive vegetation. This is positioned behind and west of the shed and dam, approximately 225m from the northeast corner and 135m from the south-eastern corner fronting Geelong-Bacchus Marsh Road. An additional existing north-south fence line is positioned at 350-360m to the east of the Cummings Road boundary, and 330-400m from the western frontage to Geelong-Bacchus Marsh Road. The existing adjacent land uses are farming to the north, south and east; and an existing extractive industry operation to the west (Maddingley Coal). From the central point of this allotment, the nearest dwellings are approximately 450m to the northeast fronting Geelong-Bacchus Marsh Road, 540m to the east across this same road; 600m to the northwest and 610m to the southwest fronting Cummings Road.


Planning Scheme Provisions Council is required to consider the Victoria Planning Provisions and give particular attention to the State Planning Policy Framework (SPPF), the Local Planning Policy Framework (LPPF) and the Municipal Strategic Statement (MSS). The relevant clauses are: The proposal complies with the relevant sections of the SPPF and LPPF, with the exception of the clauses outlined in the table below:

SPPF Title Response

Clause 11.06-2 A diversified economy

The proposals provides for the economic growth by establishing an industry use upon the land

Clause 14.01 Natural Resource Management

The compatibility between the proposed development and the existing uses of SUZ1 and the surrounding land is deemed satisfactory.

The proposal allows for improvement care of natural resources and flora & fauna.

Clause 14.03 Resource exploration and extraction

This policy encourages uses that do not impinge on future extraction of natural resources.

Clause 15.03-2 Aboriginal cultural heritage

The CHMP stipulates protection measures to be taken to preserve the integrity of the four (4) identified Aboriginal Places.

The proposal for stockpiling of fill will have minimal impact on the integrity of the Aboriginal Places.

Clause 17.02 Industrial Land Development

This policy encourages provision of land for industrial uses in urban growth corridors.

This is an industry based use and Bacchus Marsh is an identified urban growth centre.

Clause 19.03-5 Infrastructure

(Waste & Resource Recovery)

Maximise opportunities for resource recovery. Collection and reuse of clean earth fill is in line with the intent of this policy.

LPPF Title Response

Clause 21.01-2 Municipal Content

Key issues

Economic Development

This policy allows for economic development which protects agricultural production and supports resource extraction and the like.

The proposed storage of clean earth fill is compatible to the SUZ1 extraction of resources (coal) realising economic development opportunities.


Clause 21.04-3 Objective-Industry This policy seeks to enhance Bacchus Marsh as a regional centre by providing for a range of industrial development and activities in proximity to transport networks and existing infrastructure and avoid off-site impacts on residential amenity, environmental quality, or agricultural values.

The proposal supports this objective.

Clause 21.04-4 Economic Development and Employment (Industry)

Resource storage within SUZ1 is consistent with the provisions of this Clause. As with the policy it is noted that the importance of minimising impacts on the road network and infrastructure as well as impacts to nearby sensitive land uses will need to be mitigated through the implementation of appropriate permit conditions.

Clause 21.07 Bacchus Marsh The proposal is consistent with the provisions of this policy as a resource storage use adjacent to Maddingley Coal in the SUZ1. However potential conflicts between the site and nearby sensitive land uses should be managed to mitigate off-site impacts.

The reference to the South Maddingley Investigation Area is intended to ensure that any future development on adjoining land such as with this proposal gives consideration to the existing activities onsite and the continuation of such activities (and similar uses) into the future.

Zone The subject site is located within the Special Use Zone – Schedule 1 (Coal Mining). The purpose of the zone is as follows: • To recognise and provide for the use and development of land for coal mining;

• To provide for use of the land compatible with the primary purpose of the zone;

• To ensure that mining operations are carried out in an orderly manner and with due

regard to the surrounding environment and adjacent land uses;

• To encourage land management practice and rehabilitation that minimises adverse impact on the use and development of nearby land; and

• To ensure that use and development occurs in accordance with any endorsed Management Plan and Development Plan.


A planning permit is required to use the land for transport and storage of clean earth fill. A planning permit is required to construct a building or to construct of carry out works under the requirements of the Schedule to the Zone. The proposal is considered a compatible use to the primary purpose of coal mining and as such contributes to achieving the purpose of the zone. The proposal including supplied Management Plans (and any subsequently issued planning permit conditions and endorsed plans) address land management practice that minimises adverse impact on the use and development of the subject land and nearby land. Overlays The Environmental Significance Overlay – Schedule 2 (Waterway Protection) covers the Parwan Creek which runs close to but beyond the western boundary of the site. Under the requirements of this Overlay, a planning permit is required to develop land. An application to develop land must include the following: • Satisfactory evidence as to why the proposed buildings and/or works cannot be located

elsewhere on the land other than land covered by the overlay. • Satisfactory evidence that the location of buildings and works will not compromise the

quality of water in the waterways, nor result in the deterioration of flora and fauna habitats close to waterways.

The proposal will have minimal impact on land affected by the Environmental Significance Overlay – Schedule 2 (Waterway Protection) as this is restricted to the western boundary where the entry point accessway is proposed from Cummings Road into the site. Adequate sediment control techniques will be undertaken to ensure that the access track will not impact upon the water quality of the Parwan Creek. Other potential consequential impacts on Parwan Creek from the proposed transport and storage of clean earth fill at the site (e.g. runoff, litter) will be an operational consideration for the owners/operators of the site. Particular Provisions Clause 52.17 Native Vegetation is applicable to this application due to the presence of native grasses (native vegetation). The purpose of this provision as stated is “to ensure permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity.” Relevant to this application, this is achieved through the following approach: • Avoid the removal of native vegetation that makes a significant contribution to Victoria’s

biodiversity;

• Minimise impacts on Victoria’s biodiversity from the removal of native vegetation; and


• 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.

Two basic flora and fauna assessments have been undertaken which map areas of native vegetation identified at the time of inspection. The applicant initially provided a crosshatched map labelled Non Native and No Archaeology which identified land area free from identified Aboriginal Places and identified native vegetation. The second Flora and Fauna Assessment also provided a site plan identifying grasslands areas, 50m buffer for the creek tributaries, and proposed area for the storage of Fill (Figure 2- Area Proposed for Storage of Fill Bacchus Marsh – Geelong Road Parwan) Crosshatched in blue on Figure 2, is the area proposed for stockpiling of clean earth fill. It is intended to avoid these mapped areas of native vegetation (represented in yellow on Figure 2) during vehicular access/loading and unloading activity and stockpiling of clean earth fill, and therefore no native vegetation (native grasses) are intended to be removed as part of this application. The restricted access and protection of the Native Grasses in the No Go Zone is considered to adequately address the ‘no net loss’ and ‘minimising impact’ on native vegetation. Discussion The proposed use and development of the land is for the buildings and works associated with the storage of individual soil stockpiles which will be transported to and from the site. The anticipated traffic generation from the development is up to 24 semi –trailers (2x12) per day with an access to the site being from south west corner of the property onto Cummings Road. No weighbridge or facilities for repair or servicing of trucks are proposed with this application. Access to the site is to be from Cummings Road only. Direct access is prohibited to Geelong-Bacchus Marsh Road in the east for the transport of clean earth fill. Cummings road is a sealed rural profile local collector, and at about 1.5km north of the proposed entrance, Cummings road intersects Geelong-Bacchus Marsh road at an acute angle. The four (4) identified Aboriginal Places are to be protected in accordance with the relevant CHMP; and the native vegetation is to be avoided during stockpiling of clean earth fill, as well as transport to and from the truck unloading/loading area(s) to the stockpiles. Landscaping will aid in dust and noise suppression, as well as improving visual amenity. Compliance with the Construction/Site Environment Management Plan (also incorporating the requirements of the various plans), as well as the endorsed plans and documentation, and proposed permit conditions will protect the amenity of the subject land and local environs.


Bollards and markers will clearly identify Stockpile area(s) as well as the stockpile heights. Along the 50m riparian buffer and existing north-south shelter belt, further appropriate tree plantings will aid in noise and dust suppression as well as clearly define the 50m buffer boundary. The proposal is generally consistent with the relevant policies contained within the Moorabool Planning Scheme. The subject land is located within an industry based rural area of Bacchus Marsh with limited potential to cause nuisance to neighbours. Relevant concerns raised in the written submissions, such as dust suppression, noise minimisation, hours of operation, impact on livestock, visual screening, road damage, and safe ingress/egress to Cummings Road can be adequately addressed by adherence to endorsed Management Plans, infrastructure improvements and construction, and applicable planning permit conditions. The site will be used for the transport and storage of clean earth fill which is a use and development compatible with a zone established for coal mining. Storage of clean earth fill is a resource recovery initiative and provides an important resource both for Bacchus Marsh and for metropolitan Melbourne. Such an industrial based use is encouraged within growth areas of Melbourne, and Bacchus Marsh is within the hinterland of Melbourne and identified as a current growth centre within state government planning initiatives. Buildings and works associated with the transport and storage of clean earth fill is supported provided that on-site and off-site impacts are appropriately managed. General Provisions Clause 65 – Decision Guidelines have been considered by officers in evaluating this application. Clause 66 - stipulates all the relevant referral authorities to which the application must be referred. Referrals The following referrals were made pursuant to s.55 of the Planning and Environment Act 1987 and Council departments were provided with an opportunity to make comment on the proposed development plan.

Title Response Melbourne Water Southern Rural Water AAV

Initially objected, then following further consultation granted, no objection subject to conditions No objection subject to conditions To meet the requirements of the CHMP



Infrastructure

Environmental Planning





Financial Implications The recommendation of approval of this development does not implicate any financial risk issues to Council. Risk and Occupational Health and Safety Issues The recommendation of approval of this development does not implicate any risk or OH&S issues to Council Communications Strategy Notice was undertaken for the application, in accordance with s.52 of the Planning and Environment Act 1987, and further correspondence is required to all interested parties to the application as a result of a decision in this matter. A consultation meeting was not convened between the permit applicant and objectors as it was considered that this would not add further to the resolution of the issues raised. Options This is an activity suited to the Special Use Zone, so there should be no option to refuse the application. Any refusal to grant a permit would most likely result in Appeal to VCAT. Conclusion Such an activity is suited to the Special Use Zone, with the major non-zone issue being presence of native grasses. The applicant seeks to meet the objectives of Clause 52.17 by actively protecting the higher concentrations of native grasses; and placing the access driveway and stockpile areas where native grasses are not present or present at relatively low concentration levels. The access to the development is from Cummings Road only. This avoids the safety issues of access directly to Geelong-Bacchus Marsh Road, as well as the closer proximity to dwellings there, for this development with relatively busy truck movements. While the proposed stockpile locations will impact on three (3) of the four (4) listed Aboriginal Places at the site, the CHMP has provided clear direction on preservation measures to be undertaken. Restriction on storage heights and volumes, as well as landscaping measures will minimise the impact of the development on neighbouring properties. Adequate stockpiling setbacks from the two creeks and installation of sediment controls and shelter belt trees will protect the catchment from contamination.


Compliance with the Environment Management Plan (also incorporating the requirements of the various sub-plans), as well as the endorsed plans and documentation, and proposed permit conditions should adequately address concerns raised by objectors such as dust suppression, noise minimisation, hours of operation, impact on livestock, visual screening, road damage, and safe ingress/egress to Cummings Road. Transport and storage of clean earth fill is a use and development compatible with the Special Use Zone established for coal mining. Storage of clean earth fill is a resource recovery initiative and provides an important resource both for Bacchus Marsh and for metropolitan Melbourne. The proposal is generally consistent with the relevant policies contained within the Moorabool Planning Scheme. The subject land is located within an industry based rural area of Bacchus Marsh with limited potential to cause nuisance to neighbours. The application has been assessed against the relevant sections of the Moorabool Planning Scheme, and found to be consistent with the relevant provisions within the SPPF, LPPF and local planning policies. The application should be issued with a Notice of Determination to Grant a Permit. Recommendation: That, having considered all matters as prescribed by s.60 of the Planning and Environment Act, Council resolve to issue a Notice of Decision for Buildings and Works associated with the Transport and Storage of Clean Earth Fill and Removal of Native Vegetation (Scattered Native Grasses) at Lot 1 on PS 419531H, known as Geelong-Bacchus Marsh Road, Parwan, subject to the following conditions: Amended Plans 1. Before the use and development starts, amended plans must be submitted to the

satisfaction of the Responsible Authority. The plans must be drawn to scale with dimensions and three copies provided to the Responsible Authority. When approved the plans will be endorsed and will then form part of this permit. The plans must generally be in accordance with the plans submitted with the application but modified to show the following:

One site plan must show all the following:

(a) The determined location of the access driveway and set down area/turning circle in accordance with Melbourne Water requirements;

(b) The Melbourne Water Natural Waterways and Drainage & Waterways Boundary;

(c) The proposed clean earth fill storage area(s);

(d) The identified areas of remnant native grasses (including source references); and

(e) The locations of the four (4) Aboriginal Places known as Parwan AS1-4 and VAHR 7722-1064 -1067.


Additional plan(s) and specifications must show the following:

(f) Engineering details of construction diagrams and materials to be used for the accessway driveway;

(g) The specifications of the transportable office/lunch room and toilets building(s);

(h) Location and dimensions of rubbish storage enclosure;

(i) Landscape Plan prepared by landscape architect or a suitably qualified or experienced person, in accordance with Conditions 3-4.; and

(j) Environmental Management Plan (construction, maintenance and remediation), in accordance with Conditions 5-8.

Any further necessary adjustment to the layout:

(k) To ensure that clearing of native vegetation is avoided or minimised;

(l) To ensure that ground disturbance associated with construction of the accessway and establishment of stockpile area(s) does not adversely impact on drainage lines;

(m) To ensure that remnant indigenous grasslands, as identified in the Okologie Consulting Report or other relevant sources, are avoided or minimised; and

(n) To ensure that indigenous archaeological sites are protected.

2. The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. The use of the site must not be commenced until the approved works are completed to the satisfaction of the Responsible Authority.

Landscaping 3. Before the development starts, a landscape plan to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form a part of this permit. The plan must be drawn to scale with dimensions and three (3) copies must be provided.

The landscape plan must include, but not be limited to:

(a) Landscaping to screen the transportable office/toilets and loading/unloading areas; as well as visual screening of stockpile operations from neighbouring dwellings;

(b) Details of mound(s) construction along the southern side of the accessway at the boundary and vegetative cover reinstated;

(c) Details of new vegetation and tree plantings alongside the 50m riparian buffer and at the existing north-south shelter belt near the dam;


(d) Details of plant species proposed trees, shrubs and groundcovers—including both botanical & common names; width & height at maturity; location and numbers;

(e) Schedule for the implementation of all landscaping works; and

(f) Maintenance and monitoring program. 4. The landscaping shown on the endorsed plans must be maintained to the

satisfaction of the Responsible Authority, including the replacement of any dead, diseased or damaged plants as required

Environmental Management Plan 5. Prior to the commencement of the use the Environmental Management Plan must

be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this Permit. The Plan must include details of the permitted use and development incorporating the management requirements of the CHMP; Landscaping; Earthworks; Erosion control, Sediment & water quality; Hazardous materials; Native Flora & Fauna; Noise; Traffic; Waste; Weed & Pest; Auditing, Recording & Reporting. This is to include but not be limited to: (a) Measures incorporated to control dust emissions upon the land, machinery

and trucks (including truck tarping when necessary);

(b) Details of bunting and sedimentation control measures which address the requirements and recommendations of the referral authorities;

(c) Implementing sediment control measures along the perimeter of the 50-metre waterway exclusion zone;

(d) Implementation of noise buffer treatments including tree plantings across the land, and the landscaping mounds along the southern alignment of the proposed access track;

(e) Specify the location of soil stockpiles, machinery, and other infrastructure;

(f) Installing fencing around remnant native vegetation and the floodplain zone and identifying them as “no go” zones to avoid any disturbance or damage;

(g) Continuing protection and preservation measures for native vegetation at the site;

(h) Weed management measures to manage and control listed noxious and environmental weeds;

(i) Emergency response procedures, emergency contact names and numbers;

(j) The inclusion of the proposed of proforma inventory which monitors and records soil movements to and from the site;


(k) Provision of monthly reports to Council which show that all on site operations are conducted in accordance with the conditions of the planning permit including records which show that truck deliveries, staff numbers and operating hours remain consistent with the details contained in the planning application; and

(l) Timetable for review of the Environmental Management Plan and any sub-plans.

6. Construction/Site Environmental Management sub-plan which must include: (a) Procedures for access, noise control, dust emissions, spills and leaks from

any handling of fuels and other hazardous materials and pollution management. Such construction and site works procedures are to be in accordance with EPA requirements;

(b) The identification of all potential contaminants stored on site;

(c) The identification of all construction and operational processes that could potentially lead to water contamination;

(d) The identification of appropriate storage, construction and operational methods to control any identified contamination risks;

(e) The identification of water re-use, recycling and disposal procedures; and

(f) Appropriate sanitary facilities for construction and office/maintenance staff. 7. Sediment, erosion and water quality Environmental Management sub-plan

prepared in consultation with Southern Rural Water and Melbourne Water. The plan must include: (a) Procedures to ensure that silt form batters, cut-off drains, table drains and

road works is retained on the site during and after construction;

(b) All soil disturbance must be confined to minimum practical working area and definitely within the accessway driveway and central area designated for stockpiling of clean earth fill;

(c) Measures employed to prevent fill or contaminated runoff from entering drainage lines or waterways (particularly during high rainfall events) over the long term;

(d) Installation of geo-textile silt fences (or equivalent) and associated works at all drainage lines from the site which are likely to receive runoff from disturbed areas;

(e) Procedures to suppress dust from construction or operational activities. Appropriate measures may include water spraying of tracks and stockpiles, stabilising surfaces, screening and/or wind fences, modifying activities during periods of heightened wind and revegetating exposed areas and mounds as soon as practicable;

(f) Procedures to ensure that steep batters are treated in accordance with EPA publication 275 Construction techniques for sediment pollution control;


(g) Procedures for wastewater discharge management;

(h) A process for overland flow management to prevent the concentration and diversion of waters onto steep or erosion prone slopes;

(i) Pollution management measures for stored and stockpiled materials including

waste materials, litter, contaminated runoff and any other potential source of pollution to ground or surface waters;

(j) Appropriate sediment control measures shall be employed in all drains adjacent to the accessway network; and

(k) Sediment fences shall be installed along the perimeter of the 50 metre waterway exclusion zone to the satisfaction of Melbourne Water and the responsible authority.

8. Native vegetation Environmental Management sub-plan prepared in consultation

with Department of Primary Industry & Environment, or its successor. The plan must include:

a) A clear identification of the remnant vegetation extent to be retained and protected;

b) Fencing or other approved clearly identifiable method must be erected and maintained to protect and preserve the identified existing native vegetation and remnant areas to the satisfaction of the responsible authority;

c) Barriers and appropriate signage must clearly exclude the activities associated with the storage and transport of clean earth fill; and

d) The use and development operations and exclusion zone are to be in accordance

with the requirements of the Okologie Consulting Vegetation Assessment for Lot 1, 4265 Geelong-Bacchus Marsh Road, Parwan Victoria—31 March 2014—Project M126.

General Conditions: 9. The construction of the proposed access track, establishment of site

infrastructure (i.e. site office) and the soil stockpiling area must be designed to avoid areas of remnant vegetation and the floodplain zone. The soil stockpiling areas are to be limited to areas dominated by exotic vegetation, which covers 4.2 hectares in central part of the site.

10. Except with the prior written consent of the responsible authority, the use and development permitted by this permit must operate only between the following times:

a) Monday - Friday, 7:00am to 4:00pm; and

b) Saturdays and Public Holidays, 7:00am to 12:00pm.


11. The operation of the use and development authorised by the permit must comply with the following requirements: a) No retail sales of clean earth fill or other materials are permitted at the site;

b) No weighbridge is approved as part of this permit;

c) No truck servicing or repairs are permitted upon the subject land;

d) No rock crushing or screening of soils is permitted as part of this permit;

e) Any further buildings or the extension of the constructed access track

driveway will require the written consent of the responsible authority;

f) Truck access to and from the site shall be from Cummings Road only. The route shall be Cummings Road north of the access point and directly to/from the Geelong-Bacchus Marsh Road intersection in the north. Any other route will require the written consent of the responsible authority;

g) The deliveries of clean earth fill to the site shall not exceed 75,000 cubic metres annually;

h) At any given time the maximum volume of clean earth fill to be stored on the site shall not exceed 150,000m3;

i) The number of deliveries of clean earth fill to the site by truck shall not exceed twelve (12) on any given day;

j) Accurate records must be kept on the source of all clean earth fill delivered to the site and a tracking system is to be maintained at all times;

k) The height of all clean earth fill stockpiles shall not exceed 4m either above natural ground level or above the capping of the registered Aboriginal Place;

l) Height markers are to be provided at each corner of each stockpile area to enable the stockpile height to be monitored;

m) All garbage and litter generated by activities on the site shall be collected and stored in an appropriate enclosure which is not visible from any road. The enclosure shall be regularly emptied and maintained such that no litter overspills onto adjoining land.

n) All trucks leaving the site must be in a clean state so as not to deposit mud or other materials on roadways;

o) No vehicles may be permitted to queue along Cummings Road or reverse into or out of the site;

p) Vehicles under the control of the operator or staff/contractors of the operator must not be parked on Cummings Road;

q) No deliveries of any materials are permitted before 7.00am and after 4.00pm on weekdays; or before 7.00am or after 12 noon on a Saturday or Public Holiday.


r) Only clean earth fill material is permitted to be imported to the site. Clean fill material is defined within Classification of Wastes EPA Publication 448. This material must not contain any solid inert wastes (such as demolition material, concrete, bricks, timber, etc.). No contaminated fill material is permitted on the site.

s) Fencing or other approved clearly identifiable method must be erected and maintained to exclude and protect and preserve the existing native vegetation and remnant areas from the activities associated with the storage and transport of clean earth fill to the satisfaction of the responsible authority.

Environmental Health Conditions: 12 Portable toilets integrated into the transportable office will be acceptable for the

limited staff numbers to be on site at any one time (2 EFT). The wastewater holding tank(s) is to be pumped out and the waste removed from the site regularly by an appropriately licenced and experienced contractor. Evidence of waste removal is to be provided to the Responsible Authority within 14 days of time of emptying or in any case at least annually.

Environmental Planning Conditions:

13 The construction of the proposed access track, establishment of site

infrastructure (i.e. site office) and the soil stockpiling area must be designed to avoid areas of remnant vegetation and the floodplain zone. The soil stockpiling areas are to be limited to areas dominated by exotic vegetation, clearly identified upon supplied plans, which covers 4.2 hectares in central part of the site. Potential impacts to site ecological values can be mitigated through the preparation and adherence to a Native Vegetation Management Plan.

14 Permitted Use of the land will be required to avoid the native vegetation between the all-weather access track and the area identified for the stockpiling of clean earth fill.

15 Machinery/vehicular movements between the end of the all-weather access track and the designated stockpile area must avoid remnant native vegetation grassland, and any further access track extension eastwards is to be to the south of the identified remnant grassland vegetation as shown on figure 2 of the Ogilvie Report.

16 If any native vegetation is to be removed the applicant will be required in accordance with section 52.17 to identify the total area of native vegetation for removal and identify offset requirements, as per DEPI Permitted clearing of native vegetation: Biodiversity Assessment Guidelines.

17 A separate planning permit will be required to remove, destroy or lop native vegetation should any further indigenous grasses be affected by the use and development.

18 To prevent disturbance during construction activity, temporary fencing must be installed around the native vegetation to be retained and the fenced areas given appropriate “No Go” signs.


19 Works must not cause damage to native vegetation areas to be retained and protected. Vehicles and machinery must not enter areas of native vegetation beyond the designated works area.

20 To prevent the spread of weeds, and pathogens, all vehicles and machinery must be made free of soil, seed and plant material before being taken to the worksite and again before being taken from the worksite, during and on completion of works.

Infrastructure Conditions: 21 All vehicles delivering or removing clean earth fill from the subject site must only

use Cummings Road northwards of the subject site (to the acute northern Geelong-Bacchus Marsh Road intersection).

22 The location and detailed design of the connection between the internal accessway driveway and the public road (Cummings Road) to ensure safe sight distances, turning movements, and avoid potential traffic conflicts

23 A rural standard vehicle crossing must be provided on Cummings Road to the satisfaction of the Responsible Authority. A vehicle crossing permit must be taken out for the construction of the vehicle crossing.

24 Stormwater drainage from the proposed buildings and impervious surfaces must be retained and disposed of within the boundaries of the subject land to the satisfaction of the Responsible Authority. Overflows from on-site storage systems must be directed away from any waste water disposal.

25 Sediment discharges must be restricted from any construction activities within the property in accordance with relevant Guidelines including Construction Techniques for Sediment Control (EPA 1991).

26 Unless otherwise approved by the Responsible Authority there must be no buildings, structures, or improvements located over proposed drainage pipes and easements on the property.

27 Prior to the commencement of the development and post completion, notification including photographic evidence must be sent to the Council’s Asset Services department identifying any existing damage to council assets. Any existing works affected by the development must be fully reinstated at no cost to and to the satisfaction of the Responsible Authority.

28 Prior to the use commencing, the internal roads and car park areas must be constructed with an all-weather surface, drainage and erosion control measures to the satisfaction of the Responsible Authority.

29 The building shall be provided with disabled access in accordance with the provisions of AS1428-Design for Access and Mobility.


Aboriginal Cultural Heritage Conditions:

30 The following works must be undertaken prior to the commencement of works and the permitted development and use of the land: a) The site boundaries of the four (4) Aboriginal Places (Parwan AS1-AS4; VAHR

7722—1064, 1065, 1066, 1067) shown in the Cultural Heritage Management Plan (CHMP) Number 11963 are to be marked with clearly visible and recognisable pegs to the satisfaction of the responsible authority; and

b) Prior to the commencement of works for the activity in or adjacent to the three (3) identified Aboriginal Places (Parwan AS1, 3, 4; VAHR 7722—1064, 1065, 1067) shown in the Cultural Heritage Management Plan (CHMP)Number 11963 the occupier is to ensure pegs are still clearly visible and to undertake Capping as per Section 10 of the CHMP.

Melbourne Water Conditions:

31 Prior to the development plans being endorsed and the commencement of works,

amended plans must be submitted to Melbourne Water indicating that the location of the fill will be set back from the flood extent.

32 Prior to the commencement of works, a Construction/Site Environmental Management Plan demonstrating the measures employed to mitigate fill from entering either tributary (particularly during high rainfall events) over the long term. The plan should provide a detailed map describing:

a) The footprint of proposed buildings and works;

b) Location of access roads;

c) Creek exclusion zones;

d) Sediment control measures, including details of how the sediment controls

prevent sediment laden soil from entering the waterway and the ongoing maintenance of these structures/measures; and

e) Vegetation management within the exclusion zone

33 Prior to commencement of works, a separate application direct to Melbourne Water must be made for approval of any new or modified storm water connection to Melbourne Water’s drains or watercourses.

34 Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways.

Southern Rural Water Conditions:

35 Sediment from the site and property shall be retained on site. Controls particularly on sloping land are in accordance with the Environment Protection Authority (EPA recommendations detailed in the construction techniques for sediment pollution control No. 275, May 1991. Sediment control structures such as sediment basins, sediment fences and sediment traps must be installed during operational activities and maintained post development;


36 Fuels/Oils or other deleterious substances must be prevented from entering the groundwater resource and any waterway;

37 Landfill stored and processed on the site is limited to clean soil and must not include polluted material;

38 If any works will impact on a waterway, groundwater, soak, spring or a dam; or will include the use of water for the development from these water resources, the applicant must apply to SRW for a licence in accordance with Section 51 or 67 Water Act 1989.

Amenity

39 The use and development must be managed so that the amenity of the area is not

detrimentally affected, 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, smell, fumes, smoke, vapor, steam,

soot, ash, dust, waste water, waste products, grit or oil; and

d) Presence of vermin. Expiration of Permit 40 This permit will expire if one of the following circumstances applies:

a) The development/use is not started within two years of the date of this permit;

or b) The development is not completed within four years of the date of this permit;

Council may extend the periods referred to if a request is made in writing before the permit expires or in accordance with the timeframes as specified in Section 69 of the Planning and Environment Act 1987 FOOTNOTE TO THE PERMIT: Melbourne Water The applicable flood level for the property is 138.0 metres to Australian Height Datum. If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on 03 9679 7517, quoting reference 225644. Advice to Council/Applicant Flood Level Information Preliminary land and flood level information available at Melbourne Water indicates that the property is subject to flooding from two tributaries of Parwan Creek. For a storm event with a 1% chance of occurrence in any one year, the flood level for the property is 138.0 metres to Australian Height Datum.


River Health Melbourne Water recommends that contract be made with Department of Environment and Primary Industries to discuss best practice management approaches to preserving significant grassland assets within the Victorian Volcanic Plain Bioregion, and consequently implement their recommendations. Melbourne Water offers grants to land managers of riparian frontage. Melbourne Water can assist the landholder to rehabilitate the tributary with indigenous vegetation over the long term, improving water quality and the ecological health of the waterway. If you have any enquiries, please contact Con Gantonas on 03 9679 7410 or email [email protected]. Report Authorisation Authorised by: Name: Satwinder Sandhu Title: General Manager Growth & Development Date: 4 February, 2015


section 86 development assessment …...satwinder sandhu discussion 6. next meeting 11 march, 2015...

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