Planning and Development Committee Agenda › files › assets › public › ...Dec 09, 2020 · Planning and Development Committee . Agenda . Date: Wednesday 9 December 2020 . Time:

Planning and Development Committee

Agenda Date: Wednesday 9 December 2020

Time: 6pm

Venue: Benalla Performing Arts and Convention Centre (Auditorium) 57 Samaria Road, Benalla In accordance with the Governance Rules 2020 clause 6.4 an audio recording will be made of the proceedings of a Meeting.

PO Box 227 Benalla Victoria 3672 1 Bridge Street East

Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected]

mailto:[email protected]

Agenda – Planning and Development Committee 9 December 2020

BENALLA RURAL CITY COUNCIL 2

Contents

Acknowledgement of Country .................................................................................. 3

Apologies ................................................................................................................... 3

Confirmation of the Minutes of the Previous Meeting ............................................ 3

Business .................................................................................................................... 5

1. Public submissions on any matter ..................................................................... 5 2. Petition – Removal of trees at 10 Shawbrook Avenue, Benalla ........................ 6 3. Planning Application - For a 27 Lot Staged Subdivision and Removal of Native

Vegetation at 19 Goodenia Drive, Benalla and 20 Cowan Street, Benalla ....... 9 4. Planning Application No P0083/20: To Use and Develop Land For A Dog

Breeding Facility - 38 Barrs Lane, Benalla .................................................... 39 5. Building and Planning Approvals – September and October 2020 ................. 55 6. Development - Activity Report for the quarter ended 30 September 2020 ...... 69 7. Environment - Activity Report for the quarter ended 30 September 2020 ....... 75 8. Facilities - Activity Report for the quarter ended 30 September 2020 ............. 77 9. Operations - Activity Report for the quarter ended 30 September 2020 ......... 81 10. Closure of Meeting .......................................................................................... 87



Agenda Chair Councillor Bernie Hearn

Councillors Councillor Danny Claridge Councillor Peter Davis Councillor Don Firth Councillor Punarji Hewa Gunaratne Councillor Justin King Councillor Gail O’Brien In attendance Dom Testoni Chief Executive Officer Robert Barber General Manager Corporate Greg Robertson Manager Facilities Nilesh Singh Manager Development Don Spokes Manager Operations Tracey Beaton Executive Assistant General Manager Corporate

Acknowledgement of Country We acknowledge the traditional custodians of this land and pay respect to their elders and the elders from other communities who may be here today. We also acknowledge all other peoples who have contributed to the rich diversity of this Country. Apologies

Recommendation: That the apology/ies be accepted and a leave of absence granted.

Confirmation of the Minutes of the Previous Meeting The minutes for the Planning and Development Meeting held on Wednesday 30 September 2020 have been circulated to Councillors and posted on the Council website www.benalla.vic.gov.au pending confirmation at this meeting.

Recommendation: That the Minutes of the Planning and Development Committee meeting held on Wednesday 30 September 2020 be confirmed as a true and accurate record of the meeting.

http://www.benalla.vic.gov.au/



Governance Matters This Committee Meeting is conducted in accordance with the Local Government Act 2020 and the Benalla Rural City Council Governance Rules 2020.

a. Recording of Council Meetings In accordance with the Governance Rules 2020 clause 6.4 meetings of Council will be audio recorded and made available for public access, with the exception of matters identified as confidential items in the agenda. b. Behaviour at meetings Members of the public present at a meeting must remain silent during the proceedings other than when specifically invited to address the Committee. The Chair may remove a person from a meeting for interjecting or gesticulating offensively after being asked to desist, and the chair may cause the removal of any object or material that is deemed by the Chair to be objectionable or disrespectful. The Chair may call a break in a meeting for either a short time, or to resume another day if the behaviour at the Council table or in the gallery is significantly disrupting the Meeting.

c. Disclosures of Conflict of Interest In accordance with the Local Government Act 2020, a Councillor must declare any Conflict of Interest pursuant to Section 130 of the Act in any items on this Agenda At the time indicated in the agenda, a Councillor with a conflict of interest in an item on that agenda must indicate they have a conflict of interest by clearly stating: the item for which they have a conflict of interest; whether their conflict of interest is general or material; and the circumstances that give rise to the conflict of interest. Immediately prior to the consideration of the item in which they have a conflict of interest, a Councillor must indicate to the Meeting the existence of the conflict of interest and leave the Meeting.



Business

1. Public submissions on any matter A person wishing to address the Committee on a matter not listed on the agenda must submit a ‘Request to be heard’ form by 10am on the day of the meeting. At the time of registering to speak persons must provide a summary of the matter on which they will be speaking. It must not be in contravention of the Governance Rules 2020. Requests to speak will be registered strictly in the order of receipt of the request at the Customer Service Centre. A total of 12 minutes will be allocated for public submissions with a maximum of three minutes to each speaker. Recommendation: That the submission(s) be received.



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2. Petition to remove naturestrip trees at 10 Shawbrook Avenue, Benalla SF/816

Robert Barber – General Manager Corporate PURPOSE OF REPORT This report discusses a petition requesting the removal of naturestrip trees at 10 Shawbrook Avenue, Benalla. BACKGROUND A 16 signature petition (refer Appendix 1) to remove 10 trees from the naturestrip at 10 Shawbrook Avenue, Benalla was presented to the Council on 7 October 2020, where it was resolved:

1. That the report be received. 2. That the matter be referred to the Planning and Development Committee for

report. DISCUSSION A locality map of the showing the location of trees on the naturestrip at 10 Shawbrook Avenue, Benalla can be found below:



Petition organisers have been invited to speak to the Planning and Development Committee meeting and an accredited consultant has been engaged to undertake a road safety audit, which is nearing finalisation. It is proposed that submissions and the audit report be considered at the Planning and Development Committee on 3 February 2021. COUNCIL PLAN 2017-2021 (2020 REVIEW) IMPLICATIONS Connected and Vibrant Community Encourage community members to be healthy, safe and active. Engaging and Accessible Places and Spaces Develop and maintain infrastructure so that it meets community need. High Performing Organisation We are compliant with our legislative and risk management responsibilities. FINANCIAL IMPLICATIONS The cost of the traffic safety audit will be in the order of $3,000 (GST exclusive).

Recommendation: 1. That submissions be received. 2. That submissions and the Shawbrook Avenue, Benalla Road Safety Audit be

considered at the Planning and Development Committee meeting on 3 February 2021.

Petition Benalla Rural City - Shawbrook Ave Benalla

To Councillor Claridge (Mayor) and the Councillors o f Benalla Rural City

The following residents of Shawbrook Ave, Benalla wish to express their concern regarding the planting o f 13 t rees on the nature strip a t 10 Shawbrook Ave, Benalla.

Road users will have impeded vision o f oncoming traffic as the trees continue to grow, therefore creating a dangerous road safety issue.

The following petit ion requests that 10 trees be removed. (7 t rees on t h e south side and 3 t rees on the w e s t side)

The original petition was submitted in the correct form as required by the Governance Rules 2020, signed by 16 Signatories.

DOC20/696127.1aaAPPENDIX 1

DOC20/69612

APPENDIX 1



3. Planning Application For a 27 Lot Staged Subdivision and Removal of Native Vegetation at 19 Goodenia Drive, Benalla and 20 Cowan Street, Benalla

DA5184 Joel Ingham – Planning Coordinator

Nilesh Singh – Manager Development PURPOSE OF REPORT The report assesses a planning application received for a 27 lot subdivision and the removal of native vegetation at 19 Goodenia Drive, Benalla and 20 Cowan Street, Benalla. BACKGROUND

Site Address 19 Goodenia Drive, Benalla and 20 Cowan Street, Benalla

Existing Use Vacant Land

Proposal To subdivide the land into 27 lots and the removal of native vegetation.

Applicant Tomkinson Group

Zone General Residential Zone (GRZ)

Overlays Part Bushfire Management Overlay (BMO

Referrals Country Fire Authority (CFA) Department of Environment, Land, Water and Planning (DELWP) North East Water (NEW) Ausnet APA Group

PROPOSAL The proposal seeks approval to subdivide the land into 27 lots in two stages and the remove native vegetation. The proposal will have the following characteristics: Subdivision Stage 1 will be located within the west portion of the site and will consist of 11 lots.

These lots will be accessed by an internal road extending from Goodenia Drive. The lots will range in area from 574m² to 1,041m².

Stage 2 will be located within the east portion of the site and will consist of 16 lots. Lots in this stage will range in area from 638m² to 1,349m². A 1,135m² reserve for the purpose of a retention basin will be located within the north-east portion of the site. A pedestrian access with a width of 7.96m will also be provided through to Cowan Street to the south.



Native Vegetation Removal The proposal will require the removal of 95 indigenous trees of varying height and size. Even though trees are being retained on site all trees are deemed as lost with the exception of trees located within a reserve as the lots sizes are less than 4,000m² in area. A total of 13 trees will be retained within the development. The plans of the proposed development are provided in Appendix 1. Site and Surrounds An inspection of the site and the surrounding area has been undertaken. The subject site forms two parcels of land being 19 Goodenia Drive, Lot 2 PS619214 and 20 Cowan Street, Lot B, PS819133. 19 Goodenia Drive is an irregular shaped parcel of land with an area of 1.035ha. 20 Cowan Street is an irregular shaped allotment which contains an area of 1.66ha. The site is relatively flat and contains scattered native vegetation throughout the site. The land is currently vacant. A vehicle access point exists within the north-west portion of the site to Goodenia Drive, a future pedestrian access to a width of 7.96m exists to the south of the site to Cowan Street. Most of the surrounding land is zoned General Residential within the exception of land to the south-west of the site which is zoned Low Density Residential. Land to the north and north west of the site contains conventional single dwelling development. Land to the west of the site contains an approved residential subdivision of 12 lots and an aged care facility. Land to the south and east of the site contain a single dwellings on larger parcel of land ranging in area from 3,500m² to 8,500m². Locality map



Public Notification The planning application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 and Council’s policy by way of the following: placing a sign on the Goodenia Drive and Cowan Street frontages of the site sending notices to all adjoining and opposite landowners and occupiers sending notices to landowners and occupiers in Goodenia Drive.

Eight objections have been received to the application. The issues raised within the objection can be summarised as follows: The subdivision does not take into account flood risk. The subdivision should incorporate more green spaces. The will be no regulation of construction activities on site. Noise emissions from additional traffic movements. The proposal will result in all vehicle traffic using Goodenia Drive which will become

a safety issue for existing user of the road. A road should be created through to McConnan Street or Cowan Street to provide

for through traffic and less impact on Goodenia Drive. The proposal will result in traffic congestion at the corner of Goodenia Drive and

Waller Street. The proposal should provide for access to large emergency vehicles and

emergency exit points. The proposal will impact on existing services such as water pressure, electricity to

the area. The proposal should provide for adequate stormwater provision. The proposed removal of tree will reduce the native bird population. Planning Scheme Provisions The Planning Policy Framework (PPF)

Clause 11.01-1S (Settlement) of the Benalla Planning Scheme has the objective: To promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements. Clause 11.01-1R (Settlement - Hume) of the Benalla Planning Scheme has the strategy: Facilitate growth and development specifically in the regional cities of Shepparton, Wangaratta, Wodonga and Benalla. Clause 11.02-1S (Supply of urban land) of the Benalla Planning Scheme has the objective: To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.



Clause 11.02-3S (Sequencing of development) of the Benalla Planning Scheme has the objective: To manage the sequence of development in areas of growth so that services are available from early in the life of new communities. Clause 12.01-2S (Native vegetation management) of the Benalla Planning Scheme has the objective: To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation. Clause 13.02-1S (Bushfire planning) of the Benalla Planning Scheme has the objective: To strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. Clause 15.01-3S (Subdivision design) of the Benalla Planning Scheme has the objective: To ensure the design of subdivisions achieves attractive, safe, accessible, diverse and sustainable neighbourhoods. Clause 16.01-2S (Location of residential development) of the Benalla Planning Scheme has the objective: To locate new housing in designated locations that offer good access to jobs, services and transport. The clause incudes the strategy to “Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas.” The Local Planning Policy Framework (LPPF)

Clause 21.02-1 (Urban Growth) of the Benalla Planning Scheme includes the objective: To provide for the orderly development of urban areas. Strategies include: Encourage the majority of urban growth in Benalla. All new residential development is to be fully serviced and occur outside of the

designated urban floodway areas. Encourage infill housing development to provide a diversity of choice provided the

prevailing character is maintained. Clause 21.04-2 (Bushfire) of the Benalla Planning Scheme includes the objective: To discourage development in areas at risk of bushfire.



Zone Clause 32.08 General Residential Zone (GRZ)

The site is located entirely within the General Residential Zone. The purpose of the General Residential Zone is: To implement the Municipal Planning Strategy and the Planning Policy Framework. To encourage development that respects the neighbourhood character of the area. To encourage a diversity of housing types and housing growth particularly in

locations offering good access to services and transport. To allow educational, recreational, religious, community and a limited range of other

non-residential uses to serve local community needs in appropriate locations.

A permit is required to subdivide land within the General Residential zone. An application for subdivision must be assessed in accordance with Clause 56 of the Benalla Planning Scheme. Overlay Clause 44.06 Bushfire Management Overlay (BMO) The site is partially located within a Bushfire Management Overlay. The overlay generally affects the eastern portion of the site. The purpose of this overlay is as follows: To implement the Municipal Planning Strategy and the Planning Policy Framework. To ensure that the development of land prioritises the protection of human life and

strengthens community resilience to bushfire. To identify areas where the bushfire hazard warrants bushfire protection measures

to be implemented. To ensure development is only permitted where the risk to life and property from

bushfire can be reduced to an acceptable level. A planning permit is required to subdivide land under the provisions of this overlay. Clause 56 – ResCode The following table provides details on whether the proposal complies with the requirements of Clause 56 of the Benalla Planning Scheme. Under the provisions of Clause 56 of the Benalla Planning Scheme, a development: Must meet all of the objectives Should meet all of the standards If the Council however is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.



√ - Compliance X - Noncompliance Objectives Standards Comments

C1 Strategic Implementation

√ √ The applicant has submitted satisfactory documentation with the proposal outlining how the proposal is compliant with the objectives of the planning scheme.

C5 Built environment √ √ The proposed lot layout is considered to be characteristic of the surrounding area. The proposal provides for a mixture of lot sizes that will provide for residential development consistent with the surrounds.

C7 Lot Diversity and Distribution

√ √ The proposal will provide for a diverse range of lot sizes from 574m² to 1,349m². The lot diversity will provide for a variety of dwelling and household types in keeping with the objectives to this standard.

C8 Lot Area and Building Envelopes

√ √ All of the lots proposed are in excess of 450m² as such building envelopes will not be required based on the size on the land. Building envelopes will be required on land where native vegetation will be retained. A Section 173 Agreement will be required so that the building envelopes are adhered to on Title.

C9 Solar Orientation of Lots

√ √ All sites that have a north-south orientation are of sufficient depth to provide for adequate sunlight to open space areas. Based on the design of any future dwellings it is considered that the proposal can achieve a high degree of solar orientation.

C10 Street Orientation √ √ Most lots with the subdivision are orientated to front existing or proposed streets. Lots are considered large enough to allow adequate solar access.

C11 Common Area N/A N/A

C12 Integrated Urban Landscape

√ √ A condition of any permit issued can require the submission of a suitable landscape plan that integrates with the natural surrounds of the area and links into the existing street network to the north of the site in Goodenia Avenue

C13 Public Open Space √ √ A condition of any permit can require a 5 per cent contribution to public open space. In this instance, on-site public open space provision is considered to be too small to be a viable or practical.




C15 Walking and cycling network

√ √ The proposal provides for road widths which will encourage pedestrian and bicycle movement through the subdivision and throughout the surrounding area with pedestrian links through to the north and south of the site.

C17 Neighborhood Street network

√ √ The proposed street network will result in a continuation of the established and approved network throughout the area. It will connect with existing road abuttal to Goodenia Drive to the north. The provision of a cul-de-sac is the only option for this site as there are no road linkages wide enough to support through traffic to the south or east. The road network is curved in nature and in places with longer sections of road, traffic control devices will be created to regulate the speed and flow of traffic.

C18 Walking and cycling network detail

√ √ The proposal will provide footpath infrastructure internally within the site and will provide connections from the subdivision through to Goodenia Drive and a pedestrian linkage within the southern portion of the site to Cowan Street. The walking and cycling infrastructure provided will be required to comply with the Infrastructure Design Manual requirements.

C19 Public Transport network detail

√ √ The proposal does not include any provision for internal public transport services. An existing bus stop is located within 400m walking distance of the site on Cecil Street. The development of this site within the catchment area of this bus stop will increase demand for this service supporting the viability of the overall public transport network in Benalla.

C20 Neighborhood street network detail

√ √ The proposed street network will result in a continuation of the established and approved networks throughout the area. The subdivision will connect to Goodenia Drive.

C21 Lot Access √ √ The proposed subdivision does not front an arterial road nor create lots less than 300m in size. All lots will be provided with crossovers that connect to the proposed internal road design.




C22 Drinking Water supply

√ √ All lots will be connected to reticulated water.

C23 Reused and Recycled water

√ √

C24 Waste Water Management

√ √ The subject site will be connected to a reticulated sewer system. North East Water advise of no objection to the proposal subject to conditions.

C25 Urban Run-off management

√ √ Stormwater run-off from the newly created allotments will be directed into the proposed stormwater drainage network which will be designed to integrate with the existing drainage network surrounding the site. Detailed drainage plans must be submitted to and approved by Council prior to certification of the plan of subdivision.

C26 Site Management √ √ Can be required as a condition of any permit issued.

C27 Shared Trenching √ √ Services will be designed and constructed to link in with existing facilities. Reticulated water, sewerage, electricity, gas and telephone services will be connected to the newly created allotments and shared trenching will be utilised where appropriate.

C28 Electricity, Telecommunications and Gas

√ √ The new allotments will be connected to electricity, telecommunications and natural gas. These connections will be from existing infrastructure in proximity to the site.

C29 Fire Hydrants √ √ Fire hydrants will be provided to the site so that the distance between the fire hydrant and the rear of each lot does not exceed 120m and that they are no more than 200m apart. The detailed location of these will be developed as part of servicing arrangements for the site.

C30 Public Lighting √ √ Can be required as a condition of any permit issued.

Particular Provisions Clause 53.01 – Public Open Space Contribution and Subdivision The proposal seeks to provide a public open space contribution of 5 per cent in lieu of providing public open space on the site. The is considered to be a practical outcome in this instance as the provision of 5 per cent of the land for on-site public open space will allow for only a very small pocket park which will be less usable.



Clause 52.17 – Native Vegetation A planning permit is required to remove, destroy or lop native vegetation. The proposal includes the removal of 95 native trees. The trees will be offset in accordance with the requirements to Clause 52.17 of the Benalla Planning Scheme. The applicant submitted an ecological assessment and biodiversity assessment with the proposal which was referred to DELWP. DELWP required further information on how the applicant was avoiding the removal of vegetation. The applicant submitted further information showing the retention of more vegetation on the land by enlarging the area of reserve area around the retention basin and retaining vegetation on private lots with the use of building envelopes. The revised application was referred to DELWP who advise of no objections to the proposal subject to conditions. Referrals External Referrals/Notices required by the Planning Scheme:

Referrals/Notice Advice/Response/Conditions CFA No objection subject to conditions NEW No objection to conditions DELWP No objection subject to conditions AusNet No objection subject to conditions APA Gas No objection

OBJECTOR CONCERNS The subdivision does not take into account flood risk The subject is not located within a flood zone or overlay. As a result, it is considered that the flood risk to this site is minimal. The subdivision should incorporate more green spaces The subdivision incorporates green spaces around a proposed basin area and pedestrian access out to Cowan Street. It is considered that these green space areas are appropriate for the site. Pursuant to Clause 53.01 the subdivision must provide at least 5 per cent of the land for public open space or provide a contribution for public open space to the amount of 5 per cent of the land value of the site. In this instance the subject site has an area of 2.7ha which equates to a public open space area of 1,350m². A public open space area of 1,350m² on the site equates to a very small pocket park which will not serve to be a practical open space area within what is classified as a relatively small residential subdivision. As a result, it is recommended that the public open space be made as a contribution to Council which can be used to upgrade existing public open space areas.



There will be no regulation of construction activities on site A condition of any permit issued can require the submission and approval of an appropriate Construction Management Plan prior to the commencement of subdivision works. The Construction Management Plan will detail measures to reduce amenity impact to surrounding properties during construction which is normal to all approved subdivision in the municipality. Noise emissions from additional traffic movements It is noted that the proposal will result in additional traffic movements through the area of Goodenia Drive. However, this is not different to most residential areas in Benalla. Noise from traffic movements is considered to be a normal part of residential living. The proposal will result in all vehicle traffic using Goodenia Drive which will become a safety issue for existing user of the road A revised traffic impact assessment has been submitted with the proposal taking into account the impact of traffic generated from the approved 12 lot subdivision at the end of Correa Close and the proposed subdivision. The Traffic Impact Assessment outlines that street lengths that exceed 150m should be provided with traffic speed devices. In this instance it is recommended that a flat topped speed hump be introduced at the start of the subdivision road to Goodenia Drive. A road should be created through to McConnan Street or Cowan Street to provide for through traffic and less impact on Goodenia Drive Comments have been made that suggest that the subdivision should provide for through traffic to McConnan Street or Cowan Street. This provision cannot be made as there is no land that connects through to McConnan Street or Cowan Street that is of a sufficient width to provide for through traffic. The proposal will result in traffic congestion at the corner of Goodenia Drive and Waller Street The Traffic Impact Assessment submitted with the application outlines that whilst traffic volume in Goodenia Drive will more or less double it is from a very low base. Traffic impacts on the existing Goodenia Drive will be minimal and well within acceptable standards. Intersection capacity, safety and amenity impacts at Waller Street will be of no significance. As a result, the proposal will not have an unreasonable impact on the existing road network. The proposal should provide for access to large emergency vehicles and emergency exit points The proposal has been referred to the CFA who advise of no objection subject to conditions which relate to maintenance of defendable space requirements and the provision of hydrants. However, it is noted that the subdivision provides for only one vehicle access out of the site which may create a dangerous situation in an emergency situation. A condition of any permit can require an emergency exit through the pedestrian area to the south of the site to Cowan Street. Due to the width of this reserve it cannot be formalised as a road connection through to Cowan Street, however, can be used for emergency access.



The proposal will impact on existing services such as water pressure, electricity to the area The proposal has been referred to all service authorities who advise of no objection to the proposal subject to conditions. As a result, service provision can be provided to the proposed subdivision. It cannot be substantiated as to whether or not the proposal will impact on existing services. The proposal should provide for adequate stormwater provision The western half of the property will be drained toward the Cowan Street retention basin. A contribution to access this basin will become a condition of any permit that may issue. The eastern half of the site will drain to the north of the site towards Trewin Street. A retention basin has been provided on site to regulate flows from the subdivision through to this drainage infrastructure. The proposal has been referred to an independent engineer who advises of no objection to the proposal subject to conditions. As a result, it is considered that the proposal will provide adequate drainage outcomes for the site and surrounding network. The proposed removal of trees will reduce the native bird population It is noted that the removal of native vegetation on the site may also have an impact on the fauna population of the site. The applicant has provided an avoid and minimize statement with their environmental assessment which has been accepted by DELWP after a revision to the plan to retain more vegetation on the land. As a result of the conditions from DELWP and the no net loss outcome of biodiversity achieved it is considered that the proposal meets the requirements to Clause 52.17 of the Benalla Planning Scheme. ASSESSMENT The proposed subdivision is considered to comply with the Planning Policy Framework, the Local Planning Policy Framework as well as the requirements to Clause 56 (subdivision) of the Benalla Planning Scheme. The proposal provides for the infill development of existing residentially zoned land which is located in proximity to all services. The subdivision provides for a range of site sizes varying from 574m² to 1,349m². Subject to conditions the proposed subdivision can also provide for adequate drainage and road infrastructure. Reticulated water, sewerage, electricity and gas are available to the proposed subdivision. The proposed lots are considered to be characteristic of a normal residential area and will provide for residential development in keeping with the surrounds. Lots have also been designed to achieve maximum solar orientation. The applicant has submitted a traffic assessment which details that the proposal will not have an impact on the surrounding road network. Subject to conditions requiring traffic speed devices such as a speed hump the proposal is considered to provide for a safe traffic environment.



The proposal will also drain to two separate areas being to the north and south of the site. This drainage outcome has been assessed by engineers and there are no objections to this design subject to conditions. In the event of an emergency it is considered prudent to provide for an alternative emergency access from the site. A condition of any permit issued can require for this access to be provided through to Cowan Street to the south of the site. Bushfire Management Overlay

The proposal has been referred to the CFA who advise of no objections to the proposal subject to conditions. The conditions relate to the following: Maintenance of defendable space. Hydrant provision. Subject to the above conditions it is considered that the proposal will be in keeping with the objectives of the overlay and will reduce the impact of bushfire risk on future residents of the development and residents in the surrounding area. LEGAL IMPLICATIONS A decision by the Council to determine that a permit should be granted for the proposal may be appealed to VCAT by the applicant against conditions of the permit. In the instance that the Council decides to refuse to grant a permit the applicant also has a right of appeal to VCAT. COUNCIL PLAN 2017-2021 (2020 REVIEW) IMPLICATIONS Places and Spaces Develop and maintain infrastructure so that it meets community need. High Performing Organisation Provide good governance and responsible management and planning. We are compliant with our legislative and risk management responsibilities.



Recommendation That the Council having caused notice of Planning Application No P0028/20 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Notice of Decision to Grant a Permit under the provisions the Benalla Planning Scheme in respect of the land known and described as 19 Goodenia Drive and 20 Cowan Street, Benalla for a 27 lot staged subdivision and the removal of native vegetation in accordance with the endorsed plans, with the application dated 1 July 2020, subject to the following conditions: 1 Prior to certification of the plan of subdivision, 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 this 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 Concept Development Plan submitted [Drawing No. W1189-CP01/02 Rev G] but modified to show:

Alteration to the Court Bowl to show 10m radius carriageway width and minimum reserve width of 28m as per Table 2 if the IDM.

Provide a 3.5m trafficable width sealed pavement with 0.5m wide gravel shoulders from the proposed Court through to Cowan Street, capable of providing an alternative exit for emergency service vehicles with hinged lockable bollards at each end.

2 The subdivision as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

3 Prior to the issue of a Statement of Compliance for each stage of the subdivision, the permit holder must undertake, or cause to be undertaken, full construction of all new access ways, drainage and related infrastructure as required by the conditions of this permit. All the works must conform to plans and specifications prepared at the expense of the applicant by a qualified Engineer and endorsed by the Responsible Authority prior to commencement of construction. Unless otherwise agreed in writing, the Authority will only approve plans and specifications that comply with the most recent version of the Infrastructure Design Manual [IDM) published by the Local Government Infrastructure Design Association, and with all relevant permit conditions.

4 Before certification, or any other such time as agreed by the Responsible Authority, streets must be named to the satisfaction of the responsible authority in accordance with the Guidelines for Geographic Names 2010.

5 The subdivision shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.



6 Prior to the issue of a Statement of Compliance for the subdivision for each stage of the subdivision, all planning conditions and all other requirements of the responsible authority and the relevant referral authorities must be completed, or satisfactorily provided for, to the satisfaction of the Responsible Authority and the relevant referral authorities.

7 No restriction of title may be registered on the subject land unless otherwise approved in writing by the Responsible Authority.

8 Prior to the issue of a Statement of Compliance, the Applicant or Owner must provide land or pay to the Council a sum equivalent to five per cent of the undeveloped site value of all land in the subdivision in lieu of open space. The Applicant or Owner must request Council, in writing, to undertake the property valuation and must pay the Council’s reasonable costs and expenses to provide such a valuation.

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

10 All existing and proposed easements and sites for existing and required utility services, drains and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

11 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.

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

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.

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



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

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.

General Engineering 14 Prior to the issue of a Statement of Compliance for each stage of the

subdivision, the applicant must undertake, or cause to be undertaken, full construction of all new access way, footpaths, drainage and related infrastructure. All these works must conform to plans and specifications prepared at the expense of the applicant by a qualified engineer, and approved by the Responsibly Authority before construction begins.

Earthworks 15 Prior to the issue of a Statement of Compliance for each stage of the

subdivision the permit holder must satisfy the Responsible Authority that: where an existing dam, drain, basin or other water body is to be

filled, the area has been drained and desilted in accordance with IDM standards before filling commences.

any fill required for finished surface levels to comply with drainage, building, parking and/or access requirements has been selected, placed and compacted in layers, in accordance with IDM standards.

any batters formed, or retaining walls constructed, whose individual or cumulative height above or below ground level in adjacent properties exceeds one meter, and/or any soil stabilisation measures, have been designed by, and constructed under the supervision of, a qualified engineer, in accordance with IDM standards.

16 Prior to the issue of a Statement of Compliance for each stage of the subdivision the applicant must satisfy the Responsible Authority that any fill required to ensure that the finished surfaces of the lots must be placed and compacted in accordance with the requirements of Clause 15.3 of the IDM.

17 All filling over 300mm in depth on the site must be supervised, carried out, completed and recorded in accordance with:

the provisions of any Construction Management Plan; and Australian Standard AS3798 2007 (Guidelines on earthworks for

commercial and residential developments) to the satisfaction of the Responsible Authority.



18 Before the issue of a Statement of Compliance for each stage of the subdivision unless otherwise agreed in writing by the Responsible Authority, compaction test results and a report certifying that the filling has been properly carried out shall be provided to the satisfaction of the responsible authority. The land must be filled in a manner that does not:

cause a nuisance on nearby land through the emission of dust; or adversely affect the drainage of adjacent land through sediment and

the like. affect overland flow paths.

Drainage 19 Before construction begins for each stage of the subdivision, drainage

plans and computations, prepared in accordance with IDM procedures and criteria, must be submitted to, and approved by, the Responsible Authority.

20 Prior to the issue of a statement of compliance for each stage of the subdivision the permit holder must satisfy the Responsible Authority that:

a legal point of discharge, connected to the external drainage network in accordance with IDM standards and without reducing the flow capacity or structural integrity of that network, has been established within the boundary of each Lot.

all stormwater runoff originating from or transferred through each Lot in a 20 per cent AEP rainfall event will be collected and conveyed by underground pipes to a legal point of discharge.

all stormwater runoff originating from or transferred through each Lot in a 1 per cent AEP rainfall event will be collected and conveyed to the proposed enlarged stormwater detention basin located next to the existing basin in Alexander Gray Lane where possible, without adversely affecting any person, infrastructure or natural features in or beyond the Lot.

measures to improve drainage in the surrounding area have been considered, including measures to assist in and making provision for draining all external catchments including the connections to Goodenia Street to the north west and Alexander Gray Lane to the north east and ensuring no adverse effect on surrounding properties as a result of the development

the finished surface level within all building envelopes associated with each Lot will be above the peak water level in nearby drainage reserves, waterways, floodways or water bodies in a 1 per cent AEP rainfall or flood event.

any necessary easements have been created to facilitate future connection to, and maintenance of, drainage infrastructure serving more than one Lot or property, and that no damage to the infrastructure contained in existing easements has been occasioned by the relevant construction processes and activities.



21 Prior to the issue of a Statement of Compliance for each stage of the subdivision, the applicant must satisfy the Responsible Authority that, where the proposed stormwater rising main outlet discharges to an open channel, the integrity of the outfall point has been secured, the kinetic energy of the outflow reduce to levels acceptable to the Authority, the receiving channel protected against erosion, and the flow capacity of the channel maintained.

22 Prior to the issue of a Statement of Compliance, the applicant must provide Council a payment of Drainage Headworks of $3.10 per square meter of the land area identified as “Catchment 1A – refer drawing W1189-CAT01/01 Rev A” which is discharging to the “Benalla Urban Growth Project Area” as a contribution towards the cost of existing works for the acceptance of surface and stormwater from the buildings, whether or not such works have been or will be situated within the boundaries of the land. In the event the payment is made after 30 June 2019 the rate will be indexed by CPI. This condition relates to allotments discharging into the “Benalla Urban Growth Project Area”.

Water Sensitive Urban Design 23 Before construction begins, the applicant must satisfy the Responsible

Authority that appropriate measures will be taken to enhance the quality of stormwater discharged from the developed site, in accordance with IDM procedures and criteria.

On-Site Detention 24 Before construction begins the permit holder must satisfy the

Responsible Authority that: sufficient on-site detention will be provided to limit the peak

discharge from the developed site in a 1 per cent AEP rainfall event to the corresponding pre-development level as recommended by the IDM.

The developed site discharge must be limited to the undeveloped rate utilising a relevant orifice or control device.

any in-ground infrastructure intended to collect surface runoff and limit the resultant outflow will make provision to protect the relevant control device from blockage so far as reasonably practicable, and to mobilise an alternative flow path should blockage be experienced.

25 Before construction begins for each stage of the subdivision, detailed plans and computations for the proposed rainwater tanks, retardation basin, together with access routes and working platforms for maintenance, must be prepared by a Qualified Engineer in accordance with Clause 18 of the IDM, and be submitted to and approved by the Responsible Authority.

Road Design 26 The permit holder must engage a qualified civil engineer to design the

roads and intersections serving the development in accordance with IDM standards for each stage of the subdivision. The plans must be submitted



to and approved by the Responsible Authority prior to the commencement of works.

27 All roads within the new subdivision and the intersections with Witt Street must be provided with public lighting in accordance with the requirements of Australian Standard 1158.1 to the satisfaction of the Responsible Authority. New lighting should be located outside the Clear Zones wherever possible and meet the standards for Category V or Category P lighting, as appropriate.

28 Prior to the issue of a Statement of Compliance for each stage of the subdivision the permit holder must satisfy the Responsible Authority that: a) all roads and intersections have been constructed in accordance

with the approved designs and IDM standards. b) all existing or proposed roads within the subject property have been

provided with appropriate high-efficiency street lighting in accordance with IDM standards and AS1158.

29 Prior to the issue of Statement of Compliance for each stage of the subdivision all streets and intersections must be designed in accordance with AS1742.13-2009 - Local Area Traffic Management where appropriate. In particular:

Install a Flat-Top Road Hump as per figure 3.3 immediately south of the intersection with Correa Close as recommended in the Traffic Impact Assessment prepared by TTM Group Revision 1 dated 24/5/2020.

Property Access 30 Prior to the issue of a Statement of Compliance for each stage of the

subdivision as per section 12.9 of Councils IDM the permit holder must satisfy the Responsible Authority that a vehicle crossing providing each lot with safe and convenient access to and from a suitable public road has been designed, constructed, sealed and drained in accordance with IDM standards, to the satisfaction of the Responsible Authority. Vehicle crossings are not generally required to be constructed at the time of development where mountable or semi mountable or modified semi mountable kerb and channel is used, as these may be constructed during later building works when the final preferred location is known.

Section 173 Agreement 31 Prior to the issue of Statement of Compliance, the owner must provide

evidence that an agreement has been entered into with the Responsible Authority under section 173 of the Planning and Environment Act 1987 and that the agreement has been registered on the certificate of title for the land. The agreement must provide the following: Except with the prior written consent of the Responsible Authority;



Bushfire Defendable Space a) The landowner must incorporate the recommendations outlined in

the ‘Bushfire Management Plan’ generally in accordance with W1189-BMP01 / 01 Rev A endorsed pursuant to Planning Permit No. P0028/20.

b) Areas of defendable space must be established and maintained in accordance with the requirements of the ‘Bushfire Management Plan’ forming part of this agreement and/or the endorsed plans forming part of Planning Permit No. P0028/20.

c) Areas of defendable space must be maintained on a continuing

basis (as identified in the ‘Bushfire Management Plan’) to which the requirement to maintain defendable space remains ongoing in perpetuity.

Protection of Native Vegetation d) The owners of Lots 1,3,4 and 15 acknowledge the presence of

protected remnant native trees within their respective Lots. The owners (and occupiers) of each lot understand and accept the following responsibilities and restrictions; (i) At no time shall any actions be undertaken or permitted to be

undertaken to remove, destroy, lop or otherwise compromise the health of respective trees without the prior written consent of the Responsible Authority.

(ii) The owner acknowledges and accepts the potential risk (i.e. falling limbs) associated with respective trees and accepts that no lopping of branches is to be undertaken without the prior written consent of the Responsible Authority.

(iii) In the event that the owner of the land is not the occupant, the owner commits to communicating and providing a copy of these restrictions to any respective occupant.

(iv) The owner and/or occupant must notify the Responsible Authority of the restrictions outlined in this agreement in any communications with the Responsible Authority regarding development of the land and/or native vegetation.

Building Exclusion Area (Lots 1,3,4,13 and 15) e) No building, structure or works (including allowable encroachments,

excavation, tanks, swimming pools and fences), with the exception of a side or rear boundary fence, are to be located or undertaken outside the nominated building envelopes on Lots 1,3,4,13 and 15. In the event that any of the trees are removed or otherwise lost at any time into the future, this restriction continues to have effect to that part of the land previously specified.



Onsite Detention f) All stormwater falling on the roof of each habitable building on the

Lot must be collected and conveyed to a rainwater tank, or series of tanks, with a minimum storage capacity of at least 10,000 litres.

g) The required tank(s) must be installed prior to the commencement of the use of the respective buildings or as directed by the Responsible Authority, whichever occurs first.

h) Each rainwater tank installed pursuant to this Agreement must incorporate a drawdown outlet, not more than 40mm in diameter (Discharge = 3.9L/s), installed in a manner that ensures that a reserve capacity of at least 5,000 litres will be restored following drawdown.

The discharge from all drawdown outlets and tank overflow outlets must be collected and conveyed by pipes to a nominated legal point of discharge. j) All works prescribed by this Agreement are to be completed to the

satisfaction of the Responsible Authority. k) Works prescribed by this Agreement may not be altered in any

shape or form without the prior written consent from the Responsible Authority.

l) Each rainwater tank system will be maintained to the satisfaction of the Responsible Authority.

m) A duly appointed officer of the Responsible Authority will be allowed to inspect the rainwater tank system at mutually agreed times to ensure compliance with this Agreement.

The owner must pay the costs of the preparing, lodging and registering the agreement and any subsequent amendment, removal or other dealing associated with the agreement.

Landscaping 32 Before construction begins, a detailed landscape plan, must be prepared

by a person suitably qualified or experienced in landscape design, and must be submitted to and approved by Council. The plan must show:

New plantings to be provided in any road reserves and municipal reserves;

A detailed planting schedule of all proposed trees, shrubs and ground-covers;

Paths, paved areas, structures and street furniture; Detailed planting and construction layout drawings, including site

contours;



Any changes to existing levels, including elements such as retaining walls;

Certified structural designs or building forms where required; and Removal of existing infrastructure or stockpiles and weed

eradication. Fencing of all Reserves to be handed over to Council.

Prior to the issue of a statement of compliance all works shown on the landscape plan must be completed to the satisfaction of Council.

33 The landscaping works shown on the approved landscape plan must be carried out and completed to the satisfaction of the responsible authority prior to the issue of a Statement of Compliance or any other time agreed in writing by the responsible authority.

Staged Development 34 Where the permit holder intends to complete a development in stages,

plans and specifications for each stage, including any temporary works required to facilitate traffic movements once that stage is complete, must be submitted to and approved by the Responsible Authority before construction begins, and the permit holder must lodge with the Authority a bond sufficient to cover the full costs of upgrading any temporary works associated with the stage in question.

35 Prior to the issue of a statement of compliance for each stage of the subdivision;

should any drainage infrastructure essential to the operation of the completed stages be located outside the boundaries of those stages, the permit holder must satisfy the Responsible Authority that temporary easements must be provided so that the Authority has appropriate legal access to the infrastructure in question.

should any road terminate before the location of the permanent court bowl on completion of the stage, the permit holder must satisfy the Responsible Authority that a temporary court bowl has been designed and constructed in accordance with IDM standards, and arrangements must be made to ensure that the adjacent permanent sealed road surfaces are not damaged. Within two years of the issue of a statement of compliance for each stage of the subdivision, unless development of the property beyond that point has commenced, the permit holder must satisfy the Responsible Authority that any temporary court bowl remaining from a previous stage has been designed, constructed and sealed in accordance with IDM standards.



Infrastructure Transferred to Council 36 All civil infrastructure works, other than landscape elements, created by

the development, and passing into the ownership and control of Council, must, following practical completion of the works, be maintained by the applicant in good condition and repair for a period of three months, with any subsequent defects being corrected as they become evident for a further period of nine months.

37 All landscape elements, including vegetation integral to the operation of WSUD devices, created by the development, and passing into the ownership and control of Council, must be maintained by the applicant in good condition and repair, with all defects corrected, for a period of at least 24 months, including two complete summers, from practical completion. During this period, any dead, diseased or damaged (other than by intentional action) plants and/or landscaped areas must be repaired or replaced as soon as reasonably possible, rather than upon completion of the maintenance period.

38 Prior to the issue of a Statement of Compliance: an itemised statement of the civil construction costs, excluding GST,

must be submitted to and approved by the Responsible Authority. the permit holder must provide Council with a maintenance bond

equal to 5 per cent of the approved civil construction costs. This bond will be held by Council until any and all defects notified to the applicant before or during the maintenance and defects liability period have been made good to the satisfaction of Council.

the permit holder must pay to Council plan checking fees equal to 0.75 per cent, and works supervision fees equal to 2.5 per cent, of the approved civil construction costs.

the permit holder must arrange for CCTV verification of all underground drainage assets which will be handed over to Council and must supply the results of that verification to Council at the time, and in the format, specified in the IDM.

the permit holder must prepare and submit as-constructed drawings covering all civil construction works to Council in PDF and DWG or DXF format, geo-referenced to Zone 55, GDA 94 or the current survey map base standards at the time and, to the satisfaction of the Responsible Authority.

Construction 39 Before construction begins a Site Management Plan for the subdivision

must be submitted to and approved by the Responsible Authority, and effective measures consistent with the Plan must be taken to:

Implement effective traffic management and environmental controls; Establish and maintain safe construction vehicle access to the site;



Maintain vehicle and machinery hygiene; Avoid the spread of soil-borne pathogens and weeds; Minimise erosion, sedimentation and contamination; Reduce the impact of noise, dust and other emissions during

construction; Prevent mud, dirt, sand, soil, clay or stones from entering the

drainage system; Avoid having such materials deposited on public land by

construction vehicles; Establish and maintain all recommended Tree Protection Zones.

40 During construction, no excavated or construction materials may be placed or stored outside the site area or on adjoining road reserves, except where the materials are required for any road or footpath construction works in such reserves which are required as part of this permit.

41 As soon as practicable after construction has been completed, all areas disturbed in the course of the works must be restored to their original condition, to the satisfaction of the Responsible Authority.

42 All works must be carried out generally in accordance with the measures set out in the Site Management Plan approved by the Responsible Authority.

43 All construction activities associated with the subdivision must be carried out in such a manner so as to not create nuisance to the satisfaction of the Responsible Authority.

Department of Environment, Land, Water and Planning

Notification of permit conditions 44 Before any works start, the permit holder must advise all persons

undertaking works on site, [including native vegetation removal], of all relevant permit conditions and associated statutory requirements or approvals.

Protection of retained vegetation 45 Before works start, a plan identifying all native vegetation to be retained

and describing the measures to be used to protect the identified vegetation during construction, must be prepared and submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will form part of this permit. The plan must include all native vegetation and tree protection zones to be protected with on-title agreements. All works constructed or carried out must be in accordance with the endorsed plan.



Native vegetation permitted to be removed, destroyed or lopped 46 The native vegetation permitted to be removed, destroyed or lopped

under this permit is 1.367 hectares of native vegetation, which is comprised of: a) Forty (40) scattered trees, including 6 Large trees b) Three Patches of native vegetation totalling 0.211ha and including

two large trees.

Native vegetation offsets 47 To offset the removal of 1.367 ha of native vegetation, the permit holder

must secure the following native vegetation offset in accordance with Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017: a) A general offset of 0.274 General Habitat Units with a strategic

biodiversity value score of at least 0.218 b) Eight large trees c) These offsets must be located within the Goulburn Broken

Catchment Management boundary or Benalla Rural City Council. 48 Before any native vegetation is removed, evidence that the offset required

by this permit has been secured, must be provided to the satisfaction of Benalla Rural City Council. This evidence must be one or both of the following: a) an established first party offset site including a security agreement

signed by both parties, and a management plan detailing the 10-year management actions and ongoing management of the site; and/or

b) credit extract(s) allocated to the permit from the Native Vegetation Credit Register.

49 A copy of the offset evidence will be endorsed by the responsible authority and form part of this permit. Within 30 days of endorsement of the offset evidence, a copy of the endorsed offset evidence must be provided to Planning and Approvals at the Department of Environment, Land, Water and Planning Benalla regional office via [email protected].

50 Where the offset includes a first party offset(s), the permit holder must provide an annual offset site report to the responsible authority by the anniversary date of the execution of the offset security agreement, for a period of 10 consecutive years. After the tenth year, the landowner must provide a report at the reasonable request of a statutory authority.

51 Prior to Statement of Compliance, Tree 126 (Lot 1), Tree 129 (Lot 3) and Tree 130 (Lot 4) and their Tree Protection Zones must be protected on Title via Section 173 agreements. These agreements must: a) Stipulate the retention of the trees b) Stipulate that written permission must be obtained from the Benalla

Rural City Council or DELWP Hume Region before any works

mailto:[email protected]



affecting the trees, including lopping or other arboricultural works, are undertaken.

c) Not permit any works within the Tree Protection Zones d) Stipulate that any fencing, including boundary, within the Tree

Protection Zones be very low impact.

Country Fire Authority 52 Bushfire Management Plan endorsed

The Bushfire Management Plan prepared by Tomkinson Group, Project & Drawing No. W1189-BMP01/01, Revision A, dated 5 September 2019 must be endorsed to form part of the permit, be included as an annexure to the section 173 agreement and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority.

53 Maintenance of Defendable Space Before the Statement of Compliance is issued under the Subdivision Act 1988, the defendable space on every lot in the subdivision must be implemented and maintained as specified on the endorsed Bushfire Management Plan, unless otherwise agreed in writing by the CFA and the Responsible Authority.

54 Hydrants Prior to the issue of a Statement of Compliance under the Subdivision Act 1988 the following requirements must be met to the satisfaction of the CFA:

Above or below ground operable hydrants must be provided. The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of the lots) must be 120 metres and the hydrants must be no more than 200 metres apart. These distances must be measured around lot boundaries.

The hydrants must be identified with marker posts and road reflectors as applicable to the satisfaction of the Country Fire Authority.

Note -CFA’s requirements for identification of hydrants are specified in ‘Identification of Street Hydrants for Firefighting Purposes’ available under publications on the CFA web site www.cfa.vic.gov.au North East Water

55 The owner of the subject land (or applicant in anticipation of becoming the owner) is required to enter into a legal agreement with North East Water detailing the works to be constructed, and other requirements to be met, necessary for the provision of reticulated water supply to each of the lots and proposed dwellings, within the development, at the owners cost, to the satisfaction of North East Water, provided: (a) where the development is staged, a number of agreements may be

required for separate stages; and

http://www.cfa.vic.gov.au/



(b) each agreement must be in accordance with North East Water policy and requirements applying at the time of entry into the relevant agreement.

56 The owner of the subject land (or applicant in anticipation of becoming the owner) is required to enter into a legal agreement with North East Water detailing the works to be constructed and other requirements to be met, necessary for the provision of reticulated sewerage services to each of the lots and proposed dwellings, within the development, at the owners cost, to the satisfaction of North East Water, provided: (a) where the development is staged, a number of agreements may be

required for separate stages; and (b) each agreement must be in accordance with North East Water

policy and requirements applying at the time of entry into the relevant agreement.

57 Where the development (including any subdivision) occurs in stages the availability of water supply and sewerage services may be delayed having regard to NEW system capacity, conditions in relation to which shall be detailed in the relevant agreement for water supply and/or sewerage services.

58 The works required to be constructed for the provision of water supply and sewerage services must include, where so required by and to the satisfaction of, North East Water: (a) works external to the subject land to allow connection to the North

East Water water supply and sewerage systems; (b) the vesting at no cost of such of those works required by North

East Water, to North East Water (“Developer Works”); and (c) works to ensure compatibility with and allowance for, other

developments being served through existing and future North East Water infrastructure, including the Developer Works

(d) internal or private works within the development, in accordance with applicable plumbing standards and providing adequate pressure and service levels.

59 Any modification to the development approved under this permit, including an increase or decrease in the number of dwellings or lots (or both) or the inclusion of additional land, requires the further consent of and may be subject to modified conditions, to the satisfaction of, North East Water.

60 Prior to the issue of a Statement of Compliance, the applicant must pay a new customer contribution determined in accordance with North East Water’s policy for development charges applicable to the water supply system currently servicing the area in which the subject land is located.



61 Prior to the issue of a Statement of Compliance, the applicant must pay a new customer contribution determined in accordance with North East Water’s policy for development charges applicable to sewers and disposal systems currently servicing the area in which the subject land is located.

62 The applicant must create easements to the satisfaction of and in favour of North East Water, over all existing and proposed sewerage facilities within the proposed subdivision.

63 The applicant must ensure that private water services do not traverse property boundaries and are independently supplied from a point of supply approved by North East Water.

64 The applicant must provide easements through other land, to the satisfaction of North East Water, if such easements are considered necessary for the efficient and economic servicing of the subject land.

65 That the applicant pays applicable charges determined in accordance with North East Water’s policy for development charges, applicable from time to time towards North East Water’s sewers and disposal systems servicing the area to which the permit applies.

66 Where the subject land is developed in stages, the North East Water conditions will apply to any subsequent stage of the subdivision.

67 Where an easement created in favour of North East Water is located within a proposed road reserve in a future stage, prior to the certification of the plan of subdivision for that stage, the applicant must formally remove the easement from the title to the land.

68 North East Water’s consent to the issue of a Statement of Compliance under the Subdivision Act 1988 is conditional upon completion of all works, and meeting all requirements set out in this permit and any relevant agreement with, North East Water.

69 The plan of subdivision for certification must be referred to North East Water in accordance with Section 8 of the Subdivision Act 1988.

Ausnet Services 70 The plan of subdivision submitted for certification must be referred to

AusNet Electricity Services Pty Ltd in accordance with Section 8 of the Subdivision Act 1988.

71 The applicant must: Enter in an agreement with AusNet Electricity Services Pty Ltd for

supply of electricity to each lot on the endorsed plan. Enter into an agreement with AusNet Electricity Services Pty Ltd for

the rearrangement of the existing electricity supply system. Enter into an agreement with AusNet Electricity Services Pty Ltd for

rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be



agreed by AusNet Electricity Services Pty Ltd. Provide easements satisfactory to AusNet Electricity Services Pty

Ltd for the purpose of "Power Line" in the favour of “AusNet Electricity Services Pty Ltd” pursuant to Section 88 of the Electricity Industry Act 2000, where easements have not been otherwise provided, for all existing AusNet Electricity Services Pty Ltd electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land.

Obtain for the use of AusNet Electricity Services Pty Ltd any other easement required to service the lots.

Adjust the position of any existing AusNet Electricity Services Pty Ltd easement to accord with the position of the electricity line(s) as determined by survey.

Set aside on the plan of subdivision Reserves for the use of AusNet Electricity Services Pty Ltd for electric substations. Issue 2 Date 04/08/2014 2

Provide survey plans for any electric substations required by AusNet Electricity Services Pty Ltd and for associated power lines and cables and executes leases for a period of 30 years, at a nominal rental with a right to extend the lease for a further 30 years. AusNet Electricity Services Pty Ltd requires that such leases are to be noted on the title by way of a caveat or a notification under Section 88 (2) of the Transfer of Land Act prior to the registration of the plan of subdivision.

Provide to AusNet Electricity Services Pty Ltd a copy of the plan of subdivision submitted for certification that shows any amendments that have been required.

Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by AusNet Electricity Services Pty Ltd. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998.

Ensure that all necessary auditing is completed to the satisfaction of AusNet Electricity Services Pty Ltd to allow the new network assets to be safely connected to the distribution network.

Permit Expiry 72 This permit will expire if one of the following circumstances applies:

Stage 1 of the plan of subdivision is not certified within two years of the date of this permit;

Stage 2 of the plan of subdivision is not certified within four years of the date of this permit;

The plan of subdivision is not registered at Land Registration Services within five years of the date of certification.



The Responsible Authority may extend the time for the completion of part (a) and/or (b) if a request is made in writing before the permit expires or within six months afterwards.

General Notes 1. The granting of this permit does not obviate the necessity for compliance

with the requirements of any other authority under any act, regulation or local law.

2. An asset protection permit is required prior to the commencement of any woks on site.

3. Before undertaking any works that cross onto public land or roads, the permit holder must obtain a permit from the relevant authority giving Consent to Work within a Road Reserve.

4. This permit does not authorise the commencement of any demolition works. Before any such development may commence, the applicant must apply for and obtain appropriate building permit approval.



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784m²

793m²

574m²

574m²693m²

691m²

794m²

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1208m²

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W1189-CP01PROJECT & DWG No: REV:DWG STATUS:

G/ 02CONCEPT

© COPYRIGHTTHE INFORMATION CONTAINED ON

THIS DRAWING IS THE INTELLECTUALPROPERTY OF TOMKINSON GROUP.

COPYING OR USING THIS DRAWING INWHOLE OR IN PART WITHOUT THE

EXPRESS WRITTEN PERMISSION OFTOMKINSON GROUP INFRINGES

COPYRIGHT

PROPOSED 27 LOT SUBDIVISIONGOODENIA DRIVE, BENALLA

BENALLA RURAL CITY COUNCILBERTUCH FAMILY TRUST

M.F. 15/05/20D TREES MAPPED, RESERVE ADJUSTED TO PROTECT TREE

33E REID STREET WANGARATTA 3677 PH 03 5718 0151ABN 11 103 336 358 WWW.TOMKINSON.COM

B AMEND LAYOUT FOLLOWING CLIENT FEEDBACK M.F. M.F. X 19/05/19M.F.MINOR AMENDMENTS REQUESTED BY CLIENTC XM.F. 11/07/19

PROPOSED SUBDIVISION LAYOUTCONCEPT LAYOUT PLAN

LENGTHS ARE IN METRES - PAPER SIZE A3

SCALE 1:8008 8 16 24 32 400

APPENDIX 1

784m²

793m²

574m²

574m²693m²

691m²

794m²

773m²

1208m²

592m²

596m²

621m²

883m²

1002m²823m²

1349m²

649m²695m²

696m²697m²696m²737m²

737m²715m²1041m²

809m²

643m²

850m²

ROAD RESERVE - 16m WIDE

ROAD

RES

ERVE

- 16

m W

IDE

EXISTINGRESERVE

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W1189-CP02PROJECT & DWG No: REV:DWG STATUS:

G/ 02CONCEPT

© COPYRIGHTTHE INFORMATION CONTAINED ON

THIS DRAWING IS THE INTELLECTUALPROPERTY OF TOMKINSON GROUP.

COPYING OR USING THIS DRAWING INWHOLE OR IN PART WITHOUT THE

EXPRESS WRITTEN PERMISSION OFTOMKINSON GROUP INFRINGES

COPYRIGHT

PROPOSED 27 LOT SUBDIVISIONGOODENIA DRIVE, BENALLA

BENALLA RURAL CITY COUNCILBERTUCH FAMILY TRUST

M.F. 15/05/20D TREES MAPPED, RESERVE ADJUSTED TO PROTECT TREE

33E REID STREET WANGARATTA 3677 PH 03 5718 0151ABN 11 103 336 358 WWW.TOMKINSON.COM

B AMEND LAYOUT FOLLOWING CLIENT FEEDBACK M.F. M.F. X 19/05/19M.F.MINOR AMENDMENTS REQUESTED BY CLIENTC XM.F. 11/07/19

PROPOSED SUBDIVISION LAYOUTCONCEPT STAGING PLAN

LENGTHS ARE IN METRES - PAPER SIZE A3

SCALE 1:8008 8 16 24 32 400

STAGE ONE

STAGE TWO



4. Planning Application No P0083/20: To Use and Develop Land for a Dog Breeding Facility - 38 Barrs Lane, Benalla

DA4026 Joel Ingham – Planning Coordinator

Nilesh Singh – Manager Development

PURPOSE OF REPORT The report assesses a planning application received for the use and development of the land for a dog breeding facility at 38 Barrs Lane, Benalla. BACKGROUND

Site Address 38 Barrs Lane, Benalla

Existing Use Existing dwelling with associated outbuildings within the west portion of the site

Proposal To use and develop the land for a dog breeding facility for up to 10 dogs

Applicant Dr Daniel Grixti

Zone Farming Zone (FZ)

Overlays Bushfire Management Overlay (BMO)

Referrals Environmental Health, Engineering

PROPOSAL The applicant seeks to undertake a dog breeding facility from the site. The proposal will have the following characteristics: The dog breeding facilities will be located to the west and south west of the existing

dwelling on the land. The breeding facilities will include a food storage and veterinary check room in a

converted garage to the west of the dwelling. Whelping pens in proximity to the dwelling. A dog yard and exercise yard to the south west of the dwelling. The facilities will house 8 fertile females and 2 fertile males. The dog yard bedding area will be fully enclosed with and insulated with besser

brick walls. The dog yards will also be enclosed on the north and south side with acoustic panel

to a height of 1.8m. Dogs will be restricted to their bedding area from 6pm to 9am. Feeding of the dogs will be performed between 7am to 6pm.



Exercise of the dogs will take place from 9am to 5pm. Access to the kennels will be restricted to staff only. It is expected that pups will leave the property from 10 weeks of age. The plans of the proposed development are provided in Appendix 1. SITE AND SURROUNDS The subject site

Documents

Planning and Development Committee Agenda › files › assets › public › ...Dec 09, 2020 · Planning and Development Committee . Agenda . Date: Wednesday 9 December 2020 . Time: