Planning and Environment Act Panel Report · 2.5 Geelong Cricket Club involvement in sign design ... Park that are visible from outside the Stadium by a Planning Application Committee

Planning and Environment Act 1987

Panel Report

Greater Geelong Planning Scheme

Amendment C296

Simonds Stadium Signage

12 May 2014

Planning and Environment Act 1987

Panel Report pursuant to Section 25 of the Act

Greater Geelong Planning Scheme Amendment C296

Simonds Stadium Light Tower Signage

Cathie McRobert, Chair

Greater Geelong Planning Scheme Amendment C296 Panel Report 12 May 2014

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Contents

Page

Overall conclusions and recommendations ........................................................................... i

1 Introduction ................................................................................................................ 1 1.1 The Amendment ...................................................................................................... 1 1.2 Background .............................................................................................................. 1 1.3 The site and surrounds ............................................................................................ 1 1.4 The planning framework ......................................................................................... 2 1.5 Issues dealt with in this report ................................................................................ 4

2 The Issues ................................................................................................................... 5 2.1 Visual impact ........................................................................................................... 5 2.2 Impact on road safety ............................................................................................. 9 2.3 Changes to Kardinia Park ....................................................................................... 10 2.4 Electricity costs ...................................................................................................... 10 2.5 Geelong Cricket Club involvement in sign design ................................................. 11 2.6 Issues raised by the Panel ..................................................................................... 12

Appendix A Panel directions relating to the ‘on the papers’ process

List of Figures

Figure 1 Existing Zones .......................................................................................................... 3

Figure 2 Overlays in the Area (HO, EAO, DDO26) ................................................................. 3

Figure 3 View south down Moorabool Street from Kilgour Street ‐ Under exhibited amendment (above) and with 20m height limit (below). ....................... 6

Figure 4 View south from Moorabool Street from McKillop Street ‐ Under exhibited amendment (above) and with 20m height limit (below) ........................ 6

Figure 5 View north along Moorabool Street from Fyans Street ‐ Under exhibited amendment (above) and with 20m height limit (below) ........................ 7

Figure 6 View north west from Breakwater Road Bridge ‐ Under exhibited amendment (above) and with 20m height limit (below). ....................................... 7

Figure 7 Elevated advertising potential under exhibited amendment ‐ View west from South Geelong Railway Station .............................................................. 8


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List of Abbreviations

DDO Design and Development Overlay

DTPLI Department of Transport, Planning and Local Infrastructure

GFC Geelong Football Club

HO Heritage Overlay

LPPF Local Planning Policy Framework

PPRZ Public Park and Recreation Zone

PUZ Public Use Zone

The Incorporated Document City of Greater Geelong Advertising Sign Guidelines 1997


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Amendment Summary The Amendment Greater Geelong Planning Scheme Amendment C296

Purpose of Amendment

To amend the schedule to the Public Park and Recreation Zone (PPRZ) to identify the advertising sign category for Simonds Stadium as Category 2

Subject Site The Simonds Stadium within Kardinia Park, which is located at 360‐380 Moorabool Street and 10 Kilgour Street, South Geelong

The Proponent and Planning Authority

City of Greater Geelong

Authorisation The Minister for Planning did not agree to a request from Council for either a section 20(4) Ministerial amendment or a section 20(2) ‘no public exhibition’ amendment (26 March 2013) as the proposal was considered to be a local planning matter and third parties should be given an opportunity to comment through the normal planning process. Ministerial Authorisation A02532 for Amendment C296 was issued on 27 May 2013.

Exhibition On 30 May 2013 Council sought exemption from the Minister for Planning from some public notice requirements of Section 19 of the Act on the grounds:

The Amendment only changes the advertising category to allow a permit application for any signs.

Any amenity impacts beyond Simonds Stadium would be considered through the permit application process.

As Simonds Stadium is a major community asset, the benefit to the community of sporting and other events is maximised by advertising revenue offsetting the costs of the light towers and this benefit is likely to outweigh any affect on third parties.

The Minister granted an exemption from the requirements of Section 19, other than the statutory notices that cannot be exempted. Notice was given to prescribed Ministers; and published in the Geelong Independent, the Geelong Advertiser and in the Government Gazette.

Exhibition occurred from 23 October to 13 December 2013.

Submissions Seven submissions were received in response to the exhibition of the Amendment. They comprised:

Letters raising no objection from VicRoads and the Department of Environment and Primary Industries.

A submission from the Geelong City Cricket Club seeking involvement in the design and placement of advertising.

Objecting submissions from:

‐ Pamela Young

‐ Dylan Brown

‐ Michael Puche

‐ Dennis J Davie

The Council summarised the key issues raised in objecting submissions as including: impacts on visual amenity of the City; impact on road safety; opposition to any more changes at Kardinia Park; dispute about the


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operational costs of the light towers; and the need for sporting club involvement in the location and design of advertising signs.

Panel Process The Panel Cathie McRobert, Chair

Directions Hearing 3 March 2014 at Geelong

Panel Hearing An ‘on the papers’ process was adopted which provided the opportunity for written submissions from Council and the submitters, with a right of reply available to Council. The Panel directions relating to this process are included in Appendix A.

On the papers process

Council circulated a comprehensive submission to submitters and the Panel on 19 March 2014.

As further submissions were not received after Council’s submission was circulated, Council did not need to submit a ‘reply’.

The Panel requested further information (17 April 2014) regarding:

Council's expectation about whether the more liberal advertising opportunities would apply to the Stadium only or would extend to other parts of Kardinia Park.

If the Category 2 extends to other parts of the Kardinia Park, would the Recreation Reserve Advertising Signage Policy or some other policy apply to applications for permits.

The Advertising Sign Guidelines, City of Greater Geelong, November 1997, which is incorporated in the planning scheme (Clause 81) and is referred to in Council's submission. Council's view was sought on:

Its implications for decision making if the Amendment proceeds.

Whether the incorporated document should be amended.

Site Inspections The Panel inspected the area surrounding the Simonds Statium on 3 March 2014

Date of this Report 12 May 2014


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Overall conclusions and recommendations

Overall conclusions

The Panel concludes that:

Given the nature of Kardinia Park, it is reasonable to provide wider discretion to consider applications for signs on Simonds Stadium and the associated light towers.

The scope of the change to the advertising category applied should be clarified by including a map in the schedule to Public Parks and Recreation Zone, rather than relying on the street address, which applies to a much more extensive part of the Kardinia Park.

Council’s response to submissions to apply a 20 metre maximum height of signs appropriately limits the potential visual impact of signs on the towers on the Geelong skyline.

The permit process can address impacts from within the park and its immediate environs.

The Incorporated Document Advertising Sign Guidelines November 1997 should be amended to exclude the area affected by Amendment C296 from the scope of these Guidelines to remove the potential for debate about whether promotion signs can be considered. As the exhibition process for Amendment C296 has enabled relevant issues to be raised and considered, this change should not require further notice or a separate amendment.

The Panel also suggests that perceptions of a conflict of interest in the evaluation of the advertising proposals could be minimised by referring future applications for signs at Kardinia Park (that are visible from outside the Stadium) to a Planning Application Committee.

Consolidated recommendations

Based on the reasons set out in this Report, the Panel recommends that Greater Geelong Planning Scheme Amendment C296 should be adopted as exhibited subject to the following recommendations:

1. Limit the height of signage at Kardinia Park to 20 metres above natural ground level, as proposed in post‐exhibition changes supported by Council.

2. Include in the schedule to the Public Park and Recreation Zone, a map delineating the Simonds Stadium and associated light towers as the area to which Category 2 advertising controls apply.

Other recommendations

3. Revise the Incorporated Document Advertising Sign Guidelines November 1997 to exclude the area affected by Amendment C296 from the scope of the Guidelines.

4. Council consider requesting evaluation of future applications for signs at Kardinia Park that are visible from outside the Stadium by a Planning Application Committee.


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1 Introduction

1.1 The Amendment

The exhibited Amendment

The Amendment is proposed to allow Council discretion to consider a planning permit application for the display of promotion and major promotion signs at Simonds Stadium, including on the light towers.

The Amendment proposes to amend the schedule to the PPRZ (clause 36‐02) to identify the applicable Advertising Sign Category for 360‐380 Moorabool Street and 10 Kilgour Street, Geelong (Simonds Stadium, Kardinia Park) as Category 2.

Post‐exhibition changes supported by Council

After considering the submissions and with the benefit of the light towers being in place, Council supported a change to the exhibited Amendment to describe the land that is subject to Advertising Sign Category 2 as the land ‘up to a height of 20 metres above natural ground level…’.

Upon receipt of legal advice after exhibition, Council also determined to change the address description to remove reference to the commercial name of Simonds Stadium from the proposed schedule to Clause 36.02.

1.2 Background

When the initial report to Council on the Amendment was prepared (in December 2012), the type of signage anticipated on the light towers was stated as being:

A full wrap around the bottom of the pole. Approximately six metres high. This can easily be replaced and changed.

Pole signage above the roof lines of the stadium and only facing inwards.

The signage is to remain in place for 12 months of the year.

The Panel notes that Amendment C296 does not limit the scope of potential signage beyond 20 metre height limit that is now proposed and the generic provisions that apply in Category 2 zones.

1.3 The site and surrounds

Kardinia Park is approximately one kilometre south of the Geelong city centre. It is bounded by Moorabool Street, the Geelong Railway line, Kilgour Street, Latrobe Terrace and Park Crescent. Council manages this crown land reserve which comprises; 3 playing fields (the Simonds Stadium arena; the western oval used by St Mary’s Football Club for local league competitions; and the oval to the north next to the railway line which is primarily used by the Geelong Cricket Club); a major netball centre for the Geelong Region; Kardinia Aquatic Centre; a fitness course around the western side of the Park; and a children’s playground in the north‐west corner along with barbeque, picnic and public toilet facilities.


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Simonds Stadium has been the home of the Geelong Football Club since 1941. It is one of the largest sporting/entertainment venues in Victoria (seating approximately 33,500 patrons) and is the only Victorian venue outside Melbourne to host AFL premiership matches. The recent installation of four 73 metre high light towers at the Stadium is expected to facilitate increased use for a wide variety of sports/outdoor activities.

The City of Greater Geelong is the owner and operator of the venue.

The surrounding area comprises a mix of residential and commercial uses, which is reflected in the zoning of land in the locality.

1.4 The planning framework

The planning policy framework

There are no specific objectives and strategies that address the display of advertising. However, Clause 21.06‐1 (Settlement and Housing) indicates all development should contribute positively to the quality of the urban environment and Clause 21.06‐6 requires all advertising signage to comply with the City of Greater Geelong Advertising Sign Guidelines 1997 (the Incorporated Document), which is an incorporated document under clause 81.01 of the Scheme. These guidelines provide both general and specific guidance on the siting, set backs, design, safety, size and scale of all types of signage. The Guidelines indicate:

Advertising signs in the PPRZ must be appropriate to their setting and must not detract from the character of the site, the adjoining streetscape, or the surrounding area (Guideline ‘A4 Category 4 sign control areas’).

A promotion sign is prohibited in Category 4 areas, including the PPRZ (Guideline B12 Promotion Sign).

The Amendment does not seek to change the Incorporated Document as the guidelines remain applicable for the majority of land in the PPRZ throughout the municipality.

Existing zones

The land is currently zoned PPRZ. Figure 1 shows the mix of zoning of surrounding land. Like many inner city areas, areas are zoned Residential 1, commercial, mixed use and industrial. Whilst Kardinia Park is not affected by any overlays, some land In the vicinity of the Park is included in the Heritage Overlay (HO) and Design and Development Overlay Schedule 26 (DDO26) (see Figure 2).


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Figure 1 Existing Zones Figure 2 Overlays in the Area (HO, EAO, DDO26)

Clause 52.05

Clause 52.05 (Advertising signs) specifies categories of advertising control, with the zone provisions nominating which category of advertising control applies to the zone.

There are four categories of advertising control, each having differing permitted and prohibited signs. They are:

Category 1 – Business areas with minimum limitation

Category 2 – Office and Industrial with low limitation

Category 3 – High Amenity areas with medium limitation

Category 4 – Sensitive areas with maximum limitation

As Kardinia Park (including Simonds Stadium) is zoned PPRZ, the default advertising sign category is Category 4 – Sensitive areas, unless a different requirement is specified in the schedule to this zone.

Promotions signs promote goods, services, an event or any other matter, whether or not provided, undertaken or sold or for hire on the land or in the building on which the sign is sited. The light tower signage contemplated is classified as either a promotion sign (less than 18 square metres in area) or a major promotion sign (18 square metres in area or greater).


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Legal advice to Council from Harwood Andrews Lawyers concluded that:

The proposed signage is prohibited under the Category 4 signage provisions that apply to land in the PPRZ.

If the proposed signage is to be realised, signage controls need to be addressed through the schedule to the PPRZ.

1.5 Issues dealt with in this report

The Panel considered all written submissions, as well as its observations from inspections of Kardinia Park and its environs.

This report deals with the issues raised by the Panel and in submissions under the following headings:

Visual impact

Impact on road safety

Changes to Kardinia Park

Electricity costs

Geelong Cricket Club involvement in sign design

Issues raised by the Panel.


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2 The Issues

2.1 Visual impact

2.1.1 The issues in submissions

Submitters expressed concern that advertising signs on the light towers would create an eyesore that detracts from the aesthetic appeal of the towers, which have become a local icon for the City.

Council acknowledged that the light towers are an architectural feature, not just a functional element, which has a significant presence in the City skyline. It submitted that the simple, strong design of the towers has contributed to the level of community acceptance. Council also acknowledged that:

At a height of approximately 73 metres, the light towers dominate the Geelong skyline and can be seen from many vantage points across the City.

Even if advertising on signs projecting above the Stadium roof line only faces inwards, the signs will be visible from an extensive area outside the Stadium.

Signs on the light towers above Stadium height would also project above most other built form of Geelong, could dominate the host structures. This urban design outcome should be avoided.

Advertising placement to maintain the positive design qualities of the light towers is a challenging task.

Council supported a post‐exhibition change to limit on the height of signs 20 metres above natural ground level. The height relates to an average of the roof height of the Stadium stands ‐ the Reg Hickey Stand on Moorabool Street has a height of 20 metres, the new Premiership and Players Stand is almost 25 metres and there are lower stands on the north sides. Council submitted that images of advertising blocks on the light towers using Council’s 3‐D model of the City, indicate that appropriately designed and configured signs below stadium roof height could be implemented without impacting on the broader skyline of Geelong. The figures below, which show signs on the towers in blue, illustrate the visual impact of signage under the exhibited and post‐exhibition provisions.

Council emphasised that Amendment C296 allows for a planning permit application to be made for promotion/major promotion signs and it is at the permit stage that a range of issues will be considered, such as the height of signage, how the signage reads in the context of the light tower design, the area on the light towers that is available for signage and who the signage is directed towards.


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Figure 3 View south down Moorabool Street from Kilgour Street ‐ Under exhibited amendment (above)

and with 20m height limit (below).

Figure 4 View south from Moorabool Street from McKillop Street ‐ Under exhibited amendment (above)

and with 20m height limit (below)


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Figure 5 View north along Moorabool Street from Fyans Street ‐ Under exhibited amendment (above) and

with 20m height limit (below)

Figure 6 View north west from Breakwater Road Bridge ‐ Under exhibited amendment (above) and with

20m height limit (below).


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Figure 7 Elevated advertising potential under exhibited amendment ‐ View west from South Geelong

Railway Station

2.1.2 Discussion

The planning scheme identifies the PPRZ as a zone that typically warrants restrictive controls on advertising. However, the capacity to nominate an advertising control specific to particular PPRZ land recognises that the nature of parks and recreation areas varies significantly across the State. Kardinia Park is an important public space at a gateway to the city. Unlike many parks where the natural environment is the predominant attribute to be preserved, it is a space with extensive development in an urban context where intensive activity is accommodated. These characteristics support the provision of discretion to evaluate the merits of particular signage proposals and their impact on the park, its immediate environs and the wider skyline of Geelong.

As demonstrated by the preceding images, the proposed 20 metre limit on the height of signs very significantly reduces the potential for adverse impact on the Geelong skyline and also reduces the likelihood that signs would compromise the design integrity of the light towers. The Panel endorses this post‐exhibition change.

Whilst Council’s submission has focused on the potential for signage on the light towers, the Amendment would also allow consideration of extensive signage on the Stadium and


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elsewhere at Kardinia Park. There remains the potential for adverse impacts from signs on views from the environs of the park/Stadium, which include major traffic routes at an important gateway to the city.

As highlighted by Council, the planning permit process provides a mechanism for evaluation of specific proposals. The extensive decision guidelines in Clause 52.05 identify the relevant matters for consideration in such an assessment. The Panel also notes there would be the possibility of assessment of these sign applications by a Planning Application Committee (pursuant to Section 58A and Part 4AA of the Act) and this could address the potential for a perceived conflict of interest as a result of the Council’s pecuniary interest in the outcome of such an application.

Panel recommendations

Limit the height of signage at Kardinia Park to 20 metres above natural ground level, as proposed in post‐exhibition changes supported by Council.

Council consider requesting evaluation of future applications for signs at Kardinia Park that are visible from outside the Stadium by a Planning Application Committee.

2.2 Impact on road safety


Submissions expressed concern that, given the Stadium’s proximity to major roads, advertising signs on the light towers will be a major distraction to drivers. Council responded that:

Clause 52.05 includes a purpose ‘To ensure that signs do not ... adversely affect the natural or built environment or the safety, appearance or efficiency of a road’ and a number of decision guidelines relating to the impact of signs on road safety would need to address in considering any future permit application.

A 10 point road safety checklist developed by VicRoads is a statutory requirement that a responsible authority must consider when assessing an application for advertising signs.

VicRoads, which is the Authority concerned with the safe and efficient operation of major roads in the vicinity of Simonds Stadium, has not opposed the Amendment and raised no concerns on traffic safety grounds1.

The proposed post‐exhibition change to limit advertising to below twenty metres above ground level is expected to have road safety benefits.

2.2.2 Discussion

The Panel agrees with Council that the application for permit process will involve evaluation of possible road safety implications of a specific signage proposal.

1 Council noted that VicRoads is not a statutory referral authority for any subsequent planning permit

application.


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2.3 Changes to Kardinia Park


One submitter considers too much change to Kardinia Park has already occurred and the park as he knew it as a child has been destroyed.

Council acknowledged there has been significant change to Kardinia Park, particularly over the past few years, and further change is proposed with redevelopment of the northern/city end of the Stadium2 at an estimated cost of $140 million. However, it submitted that:

Changes to Kardinia Park are inevitable to ensure quality and engaging services and experiences are provided for the community. Redevelopment of the football ground has created a major sporting and entertainment asset for the region.

Changes to the advertising provisions are restricted to existing structures at Simonds Stadium.

A new Master Plan for Kardinia Park is expected to be finalised in late 2014.

2.3.2 Discussion

The Panel recognises the significance of the Stadium to Geelong but agrees with Council that venue upgrading is often needed to meet current requirements, effective operation and expectations for a modern sporting venue. Plans for the Stadium will also, subject to relevant approvals, extend opportunities to host entertainment events.

Advertising may constitute part of this change but this does not mean ‘anything goes’. Council’s submission to the Panel highlighted the challenge associated with ensuring advertising proposals are compatible with the urban park setting and do not undermine architectural features of the Stadium, including the light towers. It is the role of the permit process to make sure a sympathetic outcome is realised.

2.4 Electricity costs

Council advised that:

The purpose of advertising signage is to create a revenue stream that off‐sets the cost of operating the lights. This in turn creates a lower price point for the Stadium to attract events and promoters to use the facility.


A submission disputed the motivation behind the Amendment to generate revenue from advertising to offset electricity costs of the light towers. It contended that the power consumption of the lights would have been calculated during the planning stage and, if Council was negligent when assessing light tower running costs, this is no justification to create an eyesore for the City with advertising signage. After referral to the Panel, further comment from the submitter challenged Council’s role and motive and the involvement of the Geelong Football Club.

2 Redevelopment of the Brownlow and Jennings stand (Stage 4) followed by redevelopment of the Ford

Stand, Ablett Terrace and Southern Terrace and the Hickey Stand refurbishment (Stage 5).


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Council responded that:

Federal funding for the redevelopment of Simonds Stadium went to the Geelong Football Club (GFC) to implement, with a condition that the City assumes ownership post development.

The GFC pays all power costs and Council pays back to the GFC the costs for operation of the Stadium for non AFL matches. Event organisers will be responsible for the power consumption under the hire agreement.

Funding from the signage will off set the annual demand charge. In addition to the payment for the actual power consumption, Powercor levy an annual demand charge (around $160,000 per annum) to deliver power to the site and offset the cost of having the capacity in the grid to power the lights (even when they are not being used).

The design process considered on‐site generators, amongst other options, to avoid a demand charge, however it was resolved to proceed utilising grid power.

Under the current lease arrangements, the Geelong Football Club has in season (AFL) signage rights. These rights do not extend to the light towers so the Council may:

- Display non‐conflicting signage (i.e. Council could not display a BMW sign when the Football Club is sponsored by Ford).

- Choose to on‐sell any signage rights to another party however revenues from this will be directed to the lighting costs.

2.4.2 Discussion

The Panel’s primary concern is the town planning implications of the Amendment, rather than the use of revenue generated by the signage rights. Nevertheless, the Panel appreciates that the Council’s pecuniary interest in the outcome of the Amendment can raise conflict of interest concerns that could also extend to future applications for permit. As noted in Chapter 2.2, the evaluation of future applications for signs that are visible from outside the Stadium by a Planning Application Committee could significantly reduce such a concern.

2.5 Geelong Cricket Club involvement in sign design


To ensure that player safety is not compromised, the Geelong Cricket Club sought involvement in the design and placement of advertising on the northwest tower, which is directly behind the bowlers arm on the Geelong Cricket Ground western wicket.

The Council responded that:

In its role as land manager, it is appropriate for Council to consult with the Geelong Cricket Club if any advertising is to be placed on the northwest tower.

In determining any sponsorship of the light towers public safely needs to be considered.

The issue raised by the Geelong Cricket Club can be addressed via the location of a site screen and the prevention of any logos facing the cricket ground at a level lower than the existing sight screens.

Noting the significant amount of existing colours and signage in the immediate area, the Club’s mobile sight screen and the avoidance of low level cricket ground facing logos should address the concerns.


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2.5.2 Discussion

The Panel endorses the view that sporting clubs using Kardinia Park, including the Cricket Club, should be consulted regarding any proposal for signs in the vicinity of their ground. This should form part of the pre‐application process and the formal opportunities to make submissions as part of the application permit process. The Clubs’ views would be taken into account in planning permit decision making processes.

2.6 Issues raised by the Panel

2.6.1 The extent of the area affected by the proposed changes

The Amendment refers to '360‐380 Moorabool Street and 10 Kilgour Street, Geelong (Simonds Stadium, Kardinia Park)' and Council proposed a post‐exhibition change to the address description to remove reference to the commercial name of Simonds Stadium. The Panel queried (April 2014) whether it is Council's expectation that the reference to the Stadium limits the scope of the Amendment to the Stadium only or whether the more liberal advertising opportunities would apply to other parts of Kardinia Park. The Council responded:

1. It is Council’s intention that the new advertising provisions only apply to the sports stadium within Kardinia Park, currently known as Simonds Stadium. The name of the stadium was included in the address description in the exhibited schedule to Clause 36.02. Upon receipt of legal advice post‐exhibition, Council determined to change the address description to remove reference to the commercial name of Simonds Stadium from the proposed schedule to clause 36.02. Instead Council would rely upon the street address for the description of where the provisions apply. Unfortunately there is no separate street address just for Simonds Stadium. The whole of Kardinia Park is listed as 360‐380 Moorabool Street and 10 Kilgour Street, Geelong. It is not intended to apply the Category 2 advertising provisions to the balance of Kardinia Park – these provisions are only intended to be applied to the sports stadium and its light towers. Council is open to further refining this description to make this clear.

The Panel considers the proposed wording of the schedule to the PPRZ would extend the more liberal Category 2 advertising control to all land described as 360‐380 Moorabool Street and 10 Kilgour Street and this area extends well beyond that intended by Council. Rather than relying only on a street address which applies to much of Kardinia Park, the inclusion in the schedule to the PPRZ of a map showing the extent of the area to which Category 2 advertising control applies would clearly define the relevant area.

Panel recommendation

Include in the schedule to the Public Park and Recreation Zone, a map delineating the Simonds Stadium and associated light towers as the area to which Category 2 advertising controls apply.


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2.6.2 The Incorporated Document

Clause 21‐06‐6 Implementation states:

Ensure all advertising signage complies with the City of Greater Geelong Advertising Sign Guidelines.

The Panel requested Council's view on:

The implications of the Advertising Sign Guidelines November 1997, which are an incorporated document pursuant to Clause 81 of the Greater Geelong Planning Scheme, for decision making if the Amendment proceeds; and

Whether there is any need to amend the incorporated document to ensure consistency with the proposed Amendment provisions.

The Council responded:

Due to the one‐off nature of this proposal Council had not considered amending the Incorporated Document, Advertising Sign Guidelines, City of Greater Geelong, November 1997, as they will remain applicable for all other promotion/major promotion signs in the PPRZ.

Whilst section 4.2, pages 17 & 18 of the Council submission to the Panel addresses the Advertising Sign Guidelines, the following is some further detail.

The Guidelines do not accommodate or anticipate the possibility of promotion signs in the PPRZ. Section A2 of the Guidelines relates to Category 2 sign control areas and section B12 relates to promotion signs and neither of these references the PPRZ as one where promotion signs are permitted.

Section A4 relates to the Category 4 sign control areas and includes the PPRZ. Promotion signs are not provided for in this Category. The guidelines for Category 4 set out that:

‘Signs must be limited to the minimum necessary to adequately identify the premises;

The size, location and design of signs must be compatible with the landscape character for the area;

The size and design of signs must be appropriate to the size of the site and scale of the development on the site;

Colours used in any signs must be compatible with the surrounding landscape:

Signs must be designed so that they are clearly legible and do not cause any distraction to passing motorists.’

The first of these points would be difficult to meet for a promotion sign. For the remaining four dot points Council could impose these requirements on any application.

Section A2 of the Guidelines relates to Category 2 sign control areas (Business 2 zone and Industrial zones) and has commentary about the scale, location, design, coordination and type of signs, with the comment that ‘because of the limited retail activity in these areas, there is generally little need for product promotion


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advertising.’ Additionally, the policy for promotion sign places limitations on the total advertisement area relative to street frontage and to a maximum of 4 sq m.

These guidelines pose a difficult test for any permit application.

Section B12 outlines the Council policies for promotion signs:

‘Where the sign is located on a building, the sign must be respectful of the architecture of the building on which it is located, and must not detract from the lines of the building or obscure building detailing

The sign must be related to the scale of the building or site on which it is located, and to the scale of its surroundings, and must not dominate other signs in the area;

The sign must be attractively and well designed;

The sign must not detract from the surrounding streetscape/landscape;

The sign must not contribute to sign clutter on the premises or in the surrounding area;

The sign must not affect traffic safety by drawing motorists attention away from road traffic conditions, or traffic signs and signals, or by reducing the conspicuity of traffic signs and signals through background clutter;

The sign must comply with any advertising guideline for the zone or reservation in which the sign is to be located.

Specific guidelines:

No promotion sign many have an advertisement area of more than 18 square metres;

The sign must comply with the maximum area requirements for the particular zone or overlay area in which it is to be located;

The total area of signs on any premises must comply with the total area of signs requirement for the particular zone or overlay area in which it is to be located.'

Council could impose some of these requirements on any permit application, but the total signage area guidelines would be difficult and limiting.

As Amendment C296 has not proposed amending the Advertising Sign Guidelines, Council will need to balance these Guidelines with the change to the PPRZ schedule allowing for consideration of Category 2 signage in the zone. When the Guidelines were prepared in 1997 Simonds Stadium was a vastly different place than it is now and the circumstance could not have been foreseen. Council will need to weigh up the matters outlined in the Guidelines and clause 52.05, together with the unique circumstances of Simonds Stadium when considering any permit application.

If Amendment C296 is approved and Category 2 signage is permitted at the sports stadium, it would be appropriate for Council to consider amending the Guidelines to ensure that they are consistent with the proposed amendment


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provisions. This could be achieved as part of the Guidelines Review rather than as a separate planning scheme amendment.

The Council acknowledged that the signage it envisages for the Stadium would not comply with the Incorporated Document but seems to assume that it can treat it as an it would an ‘under the counter’ policy. However, an incorporated document forms part of the planning scheme and, like other planning scheme provisions ‐ such as zones, overlays and particular provisions – can specify the scope of the responsible authority’s discretion. An amendment to the planning scheme is required to change an incorporated document or its provisions.

In this case, the Incorporated Document applies sign control categories to nominated zones, placing the PPRZ in Category 4. It also adopts emphatic language which prohibits certain signs and prescribes sign areas that must not be exceeded.

If the Incorporated Document remains in its current form, the incompatible use of ‘categories’ in Clause 52.03 and the Incorporated Document would be a source of ambiguity, and would create potential for legal challenge. There would also be a strong argument that Incorporated Document provisions would mean that the types of signs Council wishes to facilitate by the current Amendment would remain prohibited.

The Panel does not agree with Council’s submission that revision of the Incorporated Document to achieve consistency with the change proposed in Amendment C296 is a matter for consideration at some future date as part of the Guidelines Review, rather than as a separate planning scheme amendment. Until the Incorporated Document is amended, the objectives underpinning Amendment C296 are unlikely to be realised.

As the merits of Amendment have been evaluated through the exhibition and Panel process, the Panel considers that changes to achieve constancy in the Incorporated Document could be progressed as part of the current Amendment without further exhibition.

Panel recommendation

Revise the Incorporated Document Advertising Sign Guidelines November 1997 to exclude the area affected by Amendment C296 from the scope of the Guidelines.


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Appendix A Panel directions relating to the ‘on the papers’ process

Planning Panels Victoria

Department of Transport, Planning and Local Infrastructure

1 Spring Street Melbourne Victoria 3000 GPO Box 2392 Melbourne, Victoria 3001 Telephone (03) 8392 6397 Facsimile (03) 8392 6381

5 March, 2014

As addressed

Dear Submitter,

Greater Geelong Planning Scheme Amendment C296

The City of Greater Geelong has resolved to seek the appointment of a Panel to consider the above Amendment and the submissions made in response to it. Council has provided a copy of your submission to Planning Panels Victoria.

Cathie McRobert has been appointed as the Panel under section 153 of the Planning and Environment Act 1987.

The Amendment proposes to amend the schedule to the Public Park and Recreation Zone (Clause 36_02) to identify the applicable advertising sign Category for Simonds Stadium as Category 2.

No requests to be heard to appear at the Panel Hearing for the above Amendment. Rather than convene a Panel Hearing to hear from parties concerning the submission in relation to Amendment C296, the Panel process will instead be conducted ‘on the papers’. Council was consulted on this approach at the Directions Hearing held on 3 March 2014.

At the completion of the ‘on the papers’ process, the Panel will provide City of Greater Geelong with its written report.

Please note that all submissions received and all information provided in respect of the Amendment will be treated as public documents. You should note the attached Privacy Collection Notice.

The following information is enclosed for your information: Panel Directions; and

Distribution List.

If you have any queries please contact Planning Panels Victoria on (03) 8392 6397 or [email protected].

Yours sincerely,

Cathie McRobert

Chair

Panel Directions Greater Geelong Planning Scheme Amendment C296

Circulation of City of Greater Geelong material

1. By no later than close of business on Friday 21 March 2014, Council must forward a copy of its written submission to the parties in the attached Distribution List.

2. The City of Greater Geelong’s submission must address:

a. The issues raised in all submissions that request a change to the Amendment or amount to a request for another amendment;

b. The nature of post‐ exhibition changes supported by Council after considering submissions and the drafting of those revisions, including the extent of the area to which they would apply;

c. The visual impacts of signage that would be permitted by the Amendment. Graphic illustration of the potential visual impacts would assist the process; and

d. Submissions that request a change to the Amendment as is referred to in section 23(1) of the Planning and Environment Act 1987 or amount to a request for another amendment.

Circulation of submitter material

3. By no later than close of business on Monday 7 April 2014, submitters must forward any further written submission to the parties in the attached Distribution List.

4. The Panel invites the submitters to address the matters raised in the Council’s written submission.

City of Greater Geelong reply

5. By no later than close of business on Tuesday 22 April 2014, Council may forward a reply on any of the material sent to the Panel to the parities in the attached Distribution List.

Distribution List Greater Geelong Planning Scheme Amendment C296

This list is to be used for the circulation of Expert Witness Statements and any other information as directed by the Panel (for privacy reasons the contact details have been removed from this list)

Number of Copies Party

1 Hard copy

1 Electronic copy

Planning Panels Victoria

Attn: The Panel Coordinator

1 Hard copy

1 Electronic copy

City of Greater Geelong

Attn: Susan Williamson

1 Electronic copy Department of Environment and Primary Industries

VicRoads

Dylan Brown

Michael Puche

Dennis Davie

Geelong City Cricket Club Attn: Alan Randell

Pamela Young

Privacy Collection Notice Greater Geelong Planning Scheme Amendment C296

Privacy Collection Notice

Natural justice for all participants and transparency are important parts of the Panel process. In meeting its legislative requirements, the Panel may do the following with your submission:

Provide a copy of your submission with all contact details to the Proponent, Local Council Agencies and other parties to the Hearing.

Provide a copy of your submission to the Department of Transport, Planning and Local Infrastructure if needed for preparing Ministerial briefings.

Display a copy of your submission in the Planning Panels Victoria Office.

Display a copy of your submission in the relevant Local Council Office or Regional Government Office as appropriate.

If a Public Hearing is to be held, display a copy of your submission in the Hearing room.

The Panel does not propose to display your full submission on a website unless this is necessary and you have given your consent. However, your name and other personal information may be published on the internet as detailed below.

Publication of your personal information on the internet

A Panel Report will be published on the internet and may include: The name of each submitter;

Direct quotes from some of the submission; and

The submitter’s name & address as required.

Please note that even when we remove your personal information from the internet, it may remain on external servers indefinitely.

After the Panel has reported

When the Panel has reported to the Planning Authority, your submission will be removed from all public display.

Your original submission and any additional material provided will be held at Planning Panels Victoria for two years and then sent to the Public Records Office of Victoria. All additional copies of the submission and other material held by Planning Panels Victoria will be securely destroyed.

If you have any concerns in respect to the way your submission will be used please contact Planning Panels Victoria on (03) 8392 6384.

Documents

Planning and Environment Act Panel Report · 2.5 Geelong Cricket Club involvement in sign design ... Park that are visible from outside the Stadium by a Planning Application Committee