Application and Site Context - City of Greater Geelong · Web viewOther uses within the centre include caravan and camper trailer dealerships, a bus hire depot and a gardening centre

Application Report – Combined Section 20(4) Fast Track Planning Scheme Amendment and Planning Permit

137 – 139 Melbourne Road, Rippleside

Prepared by 10 Consulting GroupOn behalf of Bill Capron

January 2013

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© 10 Consulting Group Pty Ltd

The information contained in this document is intended solely for the use of the client identified on the report cover for the purpose for which it has been prepared and no representation is made or is to be implied as being made to any third party. Other than for the exclusive use of our client, no part of this report may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior written permission of 10 Consulting Group Pty Ltd

Contents1 APPLICATION AND SITE CONTEXT 1

1.1 INTRODUCTION 11.2 SITE HISTORY 11.3 THE SITE – EXISTING USE AND CONDITIONS 21.4 CONTEXT – RIPPLESIDE / NORTH GEELONG 51.5 SURROUNDING USE AND DEVELOPMENT 61.6 SUMMARY 8

PART 1 – FAST TRACK PLANNING SCHEME AMENDMENT 9

2 FAST TRACK PLANNING SCHEME AMENDMENT 10

2.1 INTRODUCTION 102.2 THE PROPOSED AMENDMENT 102.3 STRATEGIC ASSESSMENT GUIDELINES 122.4 SUMMARY 14

PART 2 – PLANNING PERMIT APPLICATION 15

3 PLANNING CONTROLS AND PERMIT APPLICATION REQUIREMENTS 16

3.1 PROPOSED USE 163.2 ZONING 163.3 OVERLAYS 17

4 PLANNING CONTEXT – STATE AND PLANNING POLICY FRAMEWORK 18

4.1 OVERVIEW 184.2 STATE PLANNING POLICY FRAMEWORK 184.3 LOCAL PLANNING POLICY FRAMEWORK 184.3.1 MUNICIPAL STRATEGIC STATEMENT 184.3.2 LOCAL PLANNING POLICIES 194.4 SUMMARY 20

5 PARTICULAR PROVISIONS 21

5.1 OVERVIEW 215.2 SUMMARY 21

6 CONCLUSION 23

ATTACHMENT 1 – DRAFT AMENDMENT DOCUMENTS

ATTACHMENT 2 – DETAILED SITE LAYOUT PLAN

ATTACHMENT 3 – PROPOSED PERMIT CONDITIONS

137 – 139 Melbourne Road, RipplesideApplication ReportCombined Fast Track Amendment and Planning Permit

1 Application and Site Context1.1 Introduction

This report has been prepared to accompany a combined application for a ‘fast track’ planning scheme amendment under Section 20(4) of the Planning and Environment Act 1987 (the ‘Act’), and a planning permit for the land at 137 – 139 Melbourne Road, Rippleside (the ‘site’).

Specifically, this includes: Rezoning the balance of the site from the Residential 1 Zone (R1Z)

to the Business 4 Zone (B4Z); and A planning permit for the use of Motor vehicle, boat or caravan

sales.

Although the site has historically operated within the definition of Motor vehicle, boat or caravan sales, insufficient documentation is currently available to conclusively establish an existing use right under Clause 63 of the Greater Geelong Planning Scheme.

Furthermore, in the absence of the proof of an exiting use right, the historical use of the site for Motor vehicle, boat or caravan sales is now considered prohibited from the portion of the site zoned R1Z, rendering the entire site inoperable.

In effect the split zoning of the site blights the effective use of each parcel of land for uses that are either a primary purpose of either the B4Z or R1Z.

The approval of this combined application will resolve this anomaly and provide certainty to the site’s proprietor and the Geelong City Council alike.

1.2 Site History Historically the site has been used for a range of Retail premises uses, predominately Motor vehicle, boat, or caravan sales, Car sales and other motor vehicle orientated uses.

In particular, it is noted that between the mid 1950’s and 1970’s the site was operated as a Mobil Service station, after which the current proprietor purchased the site. The site has since been rented and operated by a number of businesses, including Boom Sherrin for crane and plant hire, “G” Long Family Cars for car sales, and Garden Needs for a nursery and garden supplies.

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The proprietor of the site retains a Motor Car Traders License and has intermittently used the site for his own vintage utility business in between tenants.

1.3 The Site – Existing Use and Conditions The site is located to the north east of the intersection of Walker Street and Melbourne Road, Rippleside, approximately 95 metres north of Rippleside Park. It is formally identified as Lot 1 of TP754552, Lot 1 of TP23208, Lot 2 TP23208 and Lot 1 of TP704792 (Figure 1).

Figure 1 – The Site

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The site is regularly shaped and comprises a total area of approximately 1300 sq. metres, derived from eastern and western boundaries of 52 metres and northern and southern boundaries of 40.5 metres (approximate figures).

The site is currently developed for the use of Motor vehicle, boat or caravan sales. In particular, the site includes a combined office and garage and an extensive hardstand area covering in excess of 50% of the site.

Notably, the combined office and garage has been constructed across at least three title boundaries and is affected by both the B4Z and R1Z (Figure 2).

Figure 2 – Combined Office / Garage, Title Boundaries and Zones

The site is accessible from both Melbourne Road and Walker Street, with two vehicle crossovers constructed along each frontage.

The rear of the site, adjacent to the property at 3 Walker Street, is vacant and has not been covered by hardstanding.

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The existing conditions of the site are shown in the photographs below (Figures 3 – 7).

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Figure 3 – Existing the conditions of the site (Source: Nearmap, 3 January 2013)

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Figure 4 – Existing conditions Figure 5 – Existing conditions

Figure 6 – Existing conditions

Figure 7 – Existing conditions

1.4 Context – Rippleside / North Geelong The site is located within the southern section of the Melbourne Road business corridor, confined by Bay Street to the north and Liverpool Street to the south. The Geelong Rail Corridor and North Geelong Industrial Precinct are located to the west of Melbourne Road.

The business corridor serves a number of roles due to its extensive frontage to a primary state arterial road and its proximity to a discrete area of residential development, located between Melbourne Road and Corio Bay.

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Accordingly, the business corridor exhibits the characteristics of a small Neighbourhood Activity Centre (NAC) as well as including uses more often associated with out – of - centre development.

Uses within the corridor associated with a NAC include specialist shops, salons, restaurants (including takeaway), offices, a supermarket and a news agency. Other uses within the centre include caravan and camper trailer dealerships, a bus hire depot and a gardening centre.

A substantial portion of the residential area to the east of the corridor forms part of the Rippleside Heritage Area, which includes the eastern portion of the site. The heritage area is recognised for its concentration of Edwardian housing, with some other earlier Victorian examples and later Bungalows also present.

Notably, there is no dwelling or any other structure of historical significance on the site.

The context of the site is shown by the aerial photograph below (Figure 8)

1.5 Surrounding Use and Development The use and development of properties surrounding the site are described below.

North A bus hire depot and dwelling are located to the north of the site.

The bus hire depot, located at 141 – 145 Melbourne Road, consists of a single storey office / service area and an extensive hardstand area.

The dwelling, located at 2 Margaret Street, is a detached single storey Edwardian dwelling setback approximately 10 metres from the common boundary.

East A single storey detached Edwardian dwelling is located to the immediate east of the site at 3 Walker Street. This property presents the only sensitive interface to the site.

The dwelling is setback approximately 1.7 metres from the common boundary and is generally separated from the site by a timber fence and vine, creating a substantial physical and visual barrier between the two properties (Figure 9 and 10).

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Residents of 3 Walker Street have consistently experienced the site in a commercial context as it has historically been used as Retail premises, predominately being Motor vehicle, boat, or caravan sales and Car sales.

Subsequently, rezoning the balance of the site to B4Z and formally permitting the use of Motor vehicle, boat, or caravan sales will have no affect the amenity of property.

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Figure 8 – Site Context Plan (Source: Nearmap, 3 January 2013)

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Figure 9 – Common boundary Figure 10 – Common boundary

South Walker Street is located to the immediate south of the site. Walker Street is a local street.

Opposite the site, and beyond Walker Street, is a caravan and camper trailer dealership. The dealership exhibits similar characteristics and features as the site, including an office and an extensive hardstand area for the display of caravans and camper trailers.

A single storey, detached Edwardian dwelling is located to the immediate east of the caravan and camper trailer dealership.

West Melbourne Road and a service road are located to the immediate west of the site.

Melbourne Road forms a section of the Princes Highway (A10) as it extends between Central Geelong and Norlane. Prior to the construction of the Geelong Ring Road (M1), the Princes Highway was the major transport route between Melbourne, Geelong and the Surf Coast.

Accordingly, many properties with frontage to the Princes Highway have been extensively developed with transport orientated and out – of – centre type uses.

1.6 Summary The site offers an excellent opportunity for the re – establishment of Motor vehicle, boat or caravan sales.

In particular, the site has consistently been used for Motor vehicle, boat or caravan sales including Car sales over an extended period of

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time. As such, the site is already suitably developed for such a use and would have no impact on the amenity of proximate residential properties.

Furthermore, the site is located within a business corridor that includes a number of uses associated with out – of – centre development and that are suited to highway frontage.

Part 1 – Fast Track Planning Scheme Amendment

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2 Fast Track Planning Scheme Amendment 2.1 Introduction

Part one of this application seeks to amend the Greater Geelong Planning Scheme using Section 20(4) of the Planning and Environment Act 1987 to correct the anomalous zoning of the site and to resolve an issue of fairness where there is a clear and valid intent.

The site is currently zoned in the B4Z and R1Z, with neither zone being aligned to the lot boundaries within the site (Figure 2). In effect, the current zoning arrangement prohibits the use of the site for Motor vehicle, boat or caravan sales, for which the site has historically been used and is specifically developed.

Advisory Note 12, A protocol for fast tracking amendments 2007 (DSE) (the ‘advisory note’), sets out a ‘fast track’ protocol to reduce the time frame for amendments that remove redundant provisions. Notably, the advisory note identifies that while all the circumstances of intervention cannot be prescribed, the following criteria is relevant:

“The matter will raise issues of fairness or public interest, where anomalous provisions apply and where valid intent is clearly evident or simple.” (emphasis added)

Section 20(4) of the Act provides for the Minister to exempt himself from the notice requirements of the Act in respect to an amendment if compliance with any of those requirements is not warranted.

2.2 The Proposed Amendment It is proposed that the section of the site currently zoned R1Z be rezoned to B4Z, consistent with the balance of the site and the business corridor extending along Melbourne Road (Figure 11 and 12).

Draft amendment documents, including an Explanatory Report, List of Changes, Instruction Sheet and Zoning Map are included as Attachment 1 of this report.

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Figure 11 – Current Zoning of the Site

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Figure 12 – Proposed Zoning of the Site2.3 Strategic Assessment Guidelines

Practice Note 46, Strategic Assessment Guidelines: for preparing and evaluation planning scheme amendments 2011 (DPCD) (the ‘practice note’) identifies the strategic considerations that should be taken into consideration for a planning scheme amendment.

The practice note identifies that only a brief assessment against the strategic guidelines is required for an amendment which rezones land to reflect its current use.

Why is the amendment required?The amendment is required to correct the anomalous zoning of the site and to resolve an issue of fairness where there is a clear and valid intent.

The amendment will result in a good planning outcome and net community benefit. In particular, the amendment will provide for the historic use of the land for Motor vehicle, boat or caravan sales to be formalised, preventing any further ambiguity regarding the valid use of the land and provide certainty for the proprietor of the site and the City of Greater Geelong alike

Does the amendment implement the objectives of planning and address any environmental, social and economic effects? The amendment will address the objectives of planning in Victoria. In particular, by correcting the anomalous zoning of the site the amendment will provide for the fair, orderly, economic and sustainable use and development of land.

As the site has historically been used for Motor vehicle, boat or caravan sales, the amendment will have no social and economic effects.

There are no environmental effects associated with the amendment.

Does the amendment address relevant bushfire risk?N/A

Does the amendment comply with the relevant Ministers Direction?The amendment is subject to the following Ministerial Directions: The Form and Content of Planning Schemes;

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Direction No. 11 – Strategic Assessment of Amendments; and Direction No. 15 – The Planning Scheme Amendment Process.

This application meets the requirements of each direction as they are applicable to an amendment applicant.

In particular, the relevant strategic considerations have been addressed through the preparation of the amendment application and the proposed amendment has been prepared in accordance with the form and content of planning schemes. Does the amendment support or implement the State Planning Policy Framework?As the proposed amendment seeks to correct the anomalous zoning of the site it is generally considered to be policy neutral.

However, it is pertinent to note that the amendment is consistent with, and supported by Clause 10.02, Goal, which seeks to ensure that the objectives of planning in Victoria are fostered through appropriate land use and development policies. In particular it is considered that the amendment will provide for the fair, orderly, economic and sustainable use, and development of land.

How does the amendment support or implement the Local Planning Policy Framework and, specifically, the Municipal Strategic Statement?As stated above, the proposed amendment is considered to be policy neutral.

Does the amendment make proper use of the Victoria Planning Provisions? The proposed amendment makes proper use of the Victoria Planning Provisions.

In particular, it is noted that the amendment seeks to rezone the balance of the site from the R1Z to the B4Z to reflect the predominant and intended zoning.

The amendments will not affect, conflict or duplicate any other existing provision in the planning scheme that deals with the same land.

How does the amendment address the views of the relevant authorities?The City of Greater Geelong is the only authority relevant to the proposed amendment.

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Senior members of the Strategic Planning Department have been consulted during the preparation of this application and have indicated preliminary support for the proposed amendment.

Does the amendment address the requirements of the Transport Integration Act 2010?As the proposed amendment will allow for a historic use of the site to be formalised, there will be no impact on the transport system. As such, the proposed amendment is not assessed against the transport system objectives and decision-making principles.

What impact will the new planning provisions have on the administrative costs of the responsible authority? Aside from conducting the administrative process to seek approval of the proposed amendment, there will be no further cost implications for the City of Greater Geelong.

2.4 Summary The proposed amendment is required to correct the anomalous zoning of the site and resolve an issue of fairness where there is clear and valid intent.

The amendment is consistent with the relevant strategic considerations, and has been prepared in accordance with the relevant Ministerial Directions.

Subsequently, the amendment will result in a good planning outcome and achieve a net community benefit.

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Part 2 – Planning Permit Application

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3 Planning Controls and Permit Application Requirements

3.1 Proposed UseThe planning permit application is required to formalise the use of Motor vehicle, boat or caravan sales on the site.

As the site has been specifically developed and operated for this use, no buildings or works are required.

A detailed site layout plan and proposed permit conditions are included as Attachment 2 and 3 of this report.

3.2 Zoning The site is currently zoned part Business 4 Zone (B4Z) and part Residential 1 Zone (R1Z) by the Greater Geelong Planning Scheme (Figure 11).

Business 4 Zone The primary purpose of the B4Z is:

“To encourage the development of a mix of bulky good retailing and manufacturing industry and their associated business services”.

A Retail premises, which includes Motor vehicle, boat or caravan sales is a Section 2 Use (permit required) in the B4Z. Decision guidelines regarding the use of land in the B4Z refer to:

The State and Local Planning Policy Framework; The effect that existing uses may have on the proposed use; The availability and connection of services; The effect of traffic to be generated on roads; and Interim use of land not required for the proposed use.

These issues are addressed throughout this report.

Residential 1 Zone The primary purposes of the R1Z include:

“To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households.

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To encourage residential development that respects the neighbourhood character.

In appropriate locations, to allow educational, recreation, religious, community and a limited range of other non – residential uses to serve local community needs”.

A Retail premises is a prohibited use in the R1Z 3.3 Overlays

The rear portion of the site, being part Lot 2 of TP 23208, is affected by Heritage Overlay – Schedule 1630 (HO1630) (Figure 13).

Figure 13 – Heritage OverlayThe primary purposes of the HO include:

“To conserve and enhance heritage places of natural or cultural significance.To conserve and enhance those elements which contribute to the significance of heritage places.

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To ensure that development does not adversely affect the significance of heritage places. To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place”.

HO1630 does not require a permit for the use of land.

Notably the area of the site to which HO1630 applies is generally vacant.

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4 Planning Context – State and Planning Policy Framework

4.1 Overview The decision guidelines of the B4Z require consideration of the State and Local Planning Policy Frameworks (SPPF and LPPF), including the Municipal Strategic Statement (MSS) and local planning policies (LPPs).

Given the innocuous nature of this application, it is considered unnecessary to conduct an in depth analysis of either the SPPF or LPPF. Instead, a summary of relevant policy objectives is identified.

4.2 State Planning Policy Framework Clause 10 – Operation of the State Planning Policy Framework 10.02 Goal: The objectives of panning in Victoria are: (a) To provide for the

fair, orderly, economic and sustainable use, and development of land.

Clause 15 – Built Environment and Heritage 15.01 Urban environment: To create urban environments that are safe, functional and

provide good quality environments with a sense of place and cultural identity.

Clause 17 – Economic Development 17.01-1 Business: To encourage development which meets the communities’ needs

for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

4.3 Local Planning Policy Framework 4.3.1 Municipal Strategic Statement

Clause 21.07 Economic Development and Employment 21.07 – 3 Retail: To facilitate the development of vibrant and viable retail activity

centres in accordance with the Geelong Retail Activity Centre Hierarchy included at Clause 21.07 – 8.

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To ensure all major retail development, and out of centre developments, provide a clear net community benefit.

4.3.2 Local Planning Policies Clause 22.01 – Discretionary Uses in Residential Areas 22.01 Objectives: To provide for non – residential and service uses which are

compatible with the residential character, scale and amenity of neighbourhoods.

To provide for non – residential uses which serve the needs of the local community.

To encourage the re – use of purpose built non – residential buildings for a mix of appropriate local convenience / service and commercial uses.

To ensure that car parking can be appropriately accommodated on site and that on street parking is relied upon only where it can be demonstrated that it will not be to the detriment of surrounding residential uses.

To ensure that traffic generated by the use can be accommodated within the surrounding street network.

To discourage new non – residential uses in residential zones that could reasonably be located in a nearby business zone.

To avoid the concentration of non-residential uses where it would create a de – facto commercial area, isolate residential properties or contribute to unplanned expansion of business zones into surrounding residential land.

Clause 22.03 Assessment Criteria for Retail Planning Applications22.03 Objectives: To ensure that all applications for new centres establish the retail

need for such use and development and demonstrate that there are no adverse impacts of the operation of the retail activity centres hierarchy.

To ensure that applications involving a planning scheme amendment in or adjoining existing activity centres clearly establish a retail need for such use and development and demonstrate that there are no adverse impacts on the operation of retail activity centres hierarchy.

To ensure all major retail use and development provide clear net community benefit.

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To allow / guide consideration of applications involving an increase in an identified floor space cap, in order to accommodate the changing retail trends and retail demands.

Clause 22.22 HO1630: Drumcondra and Rippleside Heritage Area 22.22 Objectives: To retain the bluestone lanes, street tree planting (excluding

Margaret Street), and traditional garden settings. To retain the intact examples of Victorian, Edwardian and

Californian Bungalow styles. To retain the uniformity of scale of the area including single storey

height, regular front and side setbacks, side or rear driveways, building separation and subdivision pattern.

To encourage the contemporary interpretation of traditional building design within the area.

To encourage the use of traditional construction materials in the area.

To encourage the use of appropriate fence types, designs and locations.

To encourage the appropriate development, form and scale of garages and / or carports.

4.4 Summary Overall, the application enjoys strong State and local planning policy support.

From a State policy perspective, the application supports the objectives of planning in Victoria, in particular the fair and orderly use of land by formalising a historic use of land that has been demonstrated to meet the needs of the community and achieve a net community benefit

Furthermore, the application is supported by specific local planning policies which seek to provide for appropriate non – residential uses within residential areas, and regulate applications for new / expanded retail floor space.

While it is acknowledged that Clause 22.01, Discretionary uses in residential areas, would not be a relevant consideration following the approval of the planning scheme amendment, it provides an appropriate assessment framework for the application. In particular: The use will re-use a purpose built non – residential building for an

appropriate commercial use; Car parking can be appropriately accommodated on the site, and

any on – street parking would not be to the detriment of

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surrounding residential uses in the unlikely event that it was required; and

The use will avoid the concentration of non – residential use where it would isolate residential properties or contribute to unplanned expansion of a business into surrounding residential land.

With regard to Clause 22.03, Assessment criteria for retail planning applications, it is noted that the need for such a use has been clearly established throughout the duration of the sites use for Motor vehicle, boat or caravan sales, and that use would not have an adverse impact on the operation of the retail centres hierarchy.

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5 Particular Provisions5.1 Overview

The use of Motor vehicle, boat or caravan sales is subject to a number of particular provisions of the Greater Geelong Planning Scheme.

The purpose of each relevant particular provision is identified below.

Clause 52.05 - Advertising Signs To regulate the display of signs and associated structures. To provide for signs that are compatible with the amenity and

visual appearance of an area, including the existing or desired future character.

To ensure signs do not contribute to excessive visual clutter or visual disorder.

To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

Clause 52.06 – Car Parking To ensure the provision of an appropriate number of car parking

spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality.

To support sustainable transport alternatives to the motor car. To promote the efficient use of car parking spaces through the

consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity

of the locality. To ensure that the design and location of car parking is of a high

standard, creates a safe environment for users and enables easy and efficient use.

Clause 52.14 – Motor Vehicle, Boat or Caravan Sales To ensure that amenity, site layout and design are considered

when land is to be used for motor vehicle, boat or caravan sales, especially if the site adjoins a residential zone.

To ensure that use of land for motor vehicle, boat or caravan sales does not impair traffic flow or road safety.

Clause 52.34 – Bicycle Facilities To encourage cycling as a mode of transport. To provide secure, accessible and convenient bicycle spaces and

associated shower and change facilities.

5.2 Summary

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As the site has been developed purposively for the use of Motor vehicle, boat or caravan sales the use will continue to rely on existing infrastructure, which is considered to adequately meet the purpose of each particular provision.

In addition to the existing conditions of the site, it is proposed that the amenity of the residential property at 3 Walker Street will be reinforced and maintained by a 3 metre wide landscape buffer, including the existing vine, along the common boundary.

The location and dimensions of the landscape buffer are indicated in the detailed site layout plan included at Attachment 2.

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6 Conclusion In conclusion, it is submitted hat the proposed ‘fast track’ amendment and subsequent use of Motor vehicle, boat or caravan sales should be supported for the following reasons: The site has historically been used and specifically developed for

Motor vehicle, boat or caravan sales; The anomalous zoning of the site has rendered it inoperable and

raised an issue of fairness where there is a valid and simple intent; and

The amendment will resolve any further ambiguity regarding the permitted use of the site and provide certainty to the site’s proprietor and the City of Greater Geelong alike.

The amendment and planning permit will result in a good planning outcome and net community benefit.

For these reasons, it is considered that the proposed amendment should be approved and a permit issued.

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Attachment 1 – Draft Amendment Documents

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Attachment 2 – Detailed Site Layout Plan

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Attachment 3 – Proposed Permit Conditions

The permit allows:

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The use of land for Motor vehicle, caravan and boat sales.

The following conditions apply to this permit:

1. The plans to be endorsed and which will then form part of the permit is the plan submitted with the application.

2. The layout of the use on the endorsed plans must not be altered without the written consent of the responsible authority.

3. The use must be managed so that the amenity of the area is not detrimentally affected through:a. Transport of materials, good or commodities to and from the land;b. Appearance of any building, works or materialsc. Emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

4. The use may only operate between the hours of 7am and 7pm, daily.5. Before the use commences, a landscape buffer strip at least three

metres wide must be provided on the site along the common boundary with 3 Walker Street. The landscape buffer strip must be planted and maintained to the satisfaction of the responsible authority.

6. Provision must be made on the site for the storage and collection of garbage and other waste.

7. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

8. This permit will expire if the use is not started within two years of the date of this permit.

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