SUBMISSION; PLANNING PERMIT APPLICATION

Barongarook West 3249
Abstract A detailed written submission and assessment relevant to the planning permit
application for the proposed liquor licence arrangements at 10 Hovey Road, Barongarook West 3249
Our reference: 11901541
Ballan, Vic, 3342 (03) 5368 1881
Stephen Jernnan [email protected]
Submission; Planning Permit Application • • •
Submission; Planning Permit Application Otway Estate Bar and Café, 10 Hovey Road, Barongarook West 3249
Contents Table of Figures 2
Document Control 3
Hours of venue- 11
13.07-3S — Live Music 12
17.01-1L - Diversified economy 12
17.04-1L - Facilitating tourism 12
Assessment 13
Amenity 13
Noise 13
Assessment 15
Conclusion 15
Disclaimer 16
Project ID: 11901541 Venue Address:10 Hoveys Rd, Barongarook West 0 OTL Consulting Group Pty Ltd
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Table of Figures Figure 1 - Map View of Subject Venue 6 Figure 2 - Satellite View of Subject Venue 7 Figure 3 - Context Plan 8 Figure 4 - Planning Image 9 Figure 5 - Current Licensed area 10 Figure 6 - Proposed Amended Red Line Plan 10 Figure 7 - Location of music area on preposed plan 14 Figure 8 - Location of music area - Satellite view 14
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Date Prepared Version Author Reviewed
19/11/2020 1 Stephen Jerman SJ
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Introduction Executive Summary This document provides a detailed written assessment of the proposed amendments to planning permit PP244/06A and liquor licence 31952323, taking into account the decision guidelines of Clause 52.27 of the relevant Planning Scheme. The analysis concludes that the changes will not impact the surrounding area or detrimental to the local amenity.
Project Outline:
Property Size: LGA: Current Use: Property Owners:
Planning Scheme:
10 Hoveys Rd, Barongarook West 3249 Lot 2 on Plan of Subdivision 115125. MORTGAGE AL061237G 06/05/2014
AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD 2.428 ha Colac Otway General Liquor Licence (Hotel / Bar) NOSEDA INVESTMENTS PTY LTD of 351 MOORABOOL STREET GEELONG VIC 3220
Relevant Planning Scheme: Property Zone: Property Overlays:
Colac Otway
Farming Zone Bushfire Management Overlay (BMO) Erosion Management Overlay — Schedule 1 (EM01) Significant Landscape Overlay — Schedule 1 (SL01) Vegetation Protection Overlay — Schedule 1 (VP01)
Application Overview: Client: RWA Retail Pty Ltd Proposal: General Liquor Licence in accordance with endorsed plans, increase licensed
area, allow live or amplified music with external events once a month, remove predominant clause associated with functions, allow external background music.
File Reference: 11901541 Responsible Consultant: Stephen Jerman Responsible Consultant 5368 1881 Contact: [email protected]
Background The venue subject to this report is a current operating general licensed venue that is part of a winery and accommodation setup know as Otway Estate. The applicant in this matter manages the general liquor licence venue that includes a restaurant and function space and allows for the sale of liquor for consumption on and off the premises. The blurb for the venue reads as follows:
"Otway Estate Bar and Cafe is located in the northern foothills of the Otway ranges, 10 minutes south of Colac. Otway Estate Bar and Cafe offers, Woodfire Pizzas, 15 Prickly Moses Beers on tap, Local Wines, Coffee & Café Menu. The Bar, Cafe and Prickly Moses Cellar door is open Thursday 10am — lOpm, Friday & Saturday 10am — 11pm and Sunday from 10am to 5pm. Offering an excellent function facility, Otway Estate Bar and Cafe is available for special events, conferences, weddings and group bookings."
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Planning permission is sought from the responsible authority to allow for the following amendment to planning permit PP244/06A;
1. Variation of the endorsed plans to show an increased licensed area.
2. Condition 3 — Varied to read: a. Live or recorded amplified music may be provided in the external once a month in connection
with an event or function held at the venue between the hours of 9am and lam. Background music to be permitted in external areas at all times
3. Condition 7 — Deleted a. The applicant seeks to also allow for the use of the venue without the need for the predominate
activity clause related to functions with ancillary sale of liquor for consumption off the premises and increase the restaurant use.
There are no changes to the number of permitted patrons that are detailed on the current liquor licence as 270 (internal) and 220 external, or hours of operation as detailed in Condition 6 of the planning permit.
On Tap Liquor Consulting have been engaged by the venue proprietor to assist with the planning permit amendment application process relevant to obtaining the appropriate planning permissions associated with the proposal. The proposed operation of the venue has been reviewed, in conjunction with the surrounding land use and mix, to ascertain the appropriate licensing arrangements and to ensure the long-term viability of the venue. It is our submission that the proposal is appropriate on the subject site, taking into account an extensive review of the site and surrounding area and detailed within this submission
Supporting Documents The following supporting documents form part of this application:
1. Floor plans 2. Full property title (less than 3 months old) 3. Planning Property Report 4. Application for planning permit amendment form 5. Other attachments as required
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Subject Site Address: The address of the venue is 10 Hoveys Rd, Barongarook West.
GE:1
9
.vat.
Ve.es
Prf
FIGURE 1 - MAP VIEW OF SUBJECT VENUEI
Title: A recent copy of the title is attached to this application for your reference. Details of the title are as follows:
Land Description Lot 2 on Plan of Subdivision 115125. PARENT TITLE Volume 08249 Folio 185
Created by instrument LP115125 18/07/1975
Registered Proprietor Estate Fee Simple
Sole Proprietor
NOSEDA INVESTMENTS PTY LTD of 351 MOORABOOL STREET GEELONG VIC 3220
AC505501Y 28/11/2003
1 Nearmaps
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AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD
Site Context The subject site is part of the Otway Estate Vineyard and with the property being roughly rectangular in shape.
FIGURE 2 - SATELLITE VIEW OF SUBJECT VENUE2
2 Nearmaps
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FIGURE 3 - CONTEXT PLAN
Existing levels of amenity in the surrounding area is consistent with area, and the venue has previously been assessed as a function centre. As the area is a farming zone, levels of activity are generally low, however the site operation is existing and impacts from traffic noise, and other amenity concerns, have and will be continued to be managed within the local area. The nearest residential use is located 377m to the south east of the venue with dense vegetation providing natural buffers. The natural vegetation buffer exists around the boundary of the property and assists in reducing any perceived or actual noise associated with the venue.
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0 250m
FIGURE 4 - PLANNING IMAGE3
The Proposal This applicant proposes to continue the current permitted use, however, increase the licensed area and vary conditions. The proposed permit preamble is as follows:
General Liquor Licence in accordance with endorsed plans, increase licensed area, allow live or amplified music with external events once a month, remove predominant clause associated with functions, allow external background music.
1. Variation of the endorsed plans to show an increased licensed area.
2. Condition 3 — Varied to read: a. Live or recorded amplified music may be provided in the external once a month in connection
with an event or function held at the venue between the hours of 9am and lam. Background music to be permitted in external areas at all times.
3. Condition 7 — Deleted a. The applicant seeks to also allow for the use of the venue without the need for the predominate
activity clause related to functions with ancillary sale of liquor for consumption off the premises and increase the restaurant.
There are no changes to the number of permitted patrons that are detailed on the current liquor licence as 270 (internal) and 220 external, or hours of operation as detailed in Condition 7 of the planning permit.
Licensed 'Red Line' Area When designing the 'red line' area, consideration has been given to the proposed operation of the venue. It has been designed with the view that it covers areas to suit the needs of the business but is manageable from a compliance perspective.
3 Planning Maps Online
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irr
ruHRENT H O )
PROPOSED RED LINE EXTENSOR IS TO COVER TME GRASSED AREA OIARDTLO OUTSIDE THE LEARNER PREMISES tHE FACIL a y is PRIVATE PROPERTY A l l ) THE CROWD CONTAINED CROWD IS FREE 70 mOVE BETWEEN GRASS AREA. O E M CELL AR DOOR, CAFE AND FUNCTION AREA IF REQUIRED
VASSID.RIX
FIGURE 6 - PROPOSED AMENDED RED LINE PLAN
Please refer to the attached scale plans for further information.
OTWAY ESTATE BAR 8 CAFE PROPOSED RED LINE EXTENSION
A,1 Doc. Fop. OTWAY-0001 CI. A
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Hours of venue: The hours of trade will remain as per condition 6 of planning permit PP244/06A
Permit Triggers
Farming Zone
N/A
Planning permit PP244/06A has already addressed the use of the premises.
NO
Overlay
Overlay does not affect proposal as there are no variations to include additional buildings or increase in patronage.
NO Overlay does not affect proposal as there are no variations to include building and works or removal of vegetation.
N/A NO Overlay does not affect proposal as there are no variations to include building and works or removal of vegetation.
Vegetation N/A Protection
Overlay
NO Overlay does not affect proposal as there are no variations to include building and works or removal of vegetation.
Clause 52.06 Car Parking
Clause 52.27
NO The venue is an existing food and drink premises where parking has been previously considered.
Liquor Licence
Yes A permit is required to sell or consume liquor including alterations to existing permits.
Planning Policy Context The application should be considered against relevant policies contained within the Colac Otway Scheme. There are several key policies that are relevant to this proposal and that require consideration as a result These policies are listed as follows:
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Zoning and Overlays Zone The subject premise is located within an established Farming Zone, with good access to roads within a site that is well established and planning consideration already given to the operation and nature of use. As the venue is positioned within a rural setting with the nearest residence some 377m to the south east.
35.07 - FARMING ZONE Shown on the planning scheme map as FZ with a number (if shown).
Purpose:
• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To provide for the use of land for agriculture. • To encourage the retention of productive agricultural land. • To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land • for agriculture. • To encourage the retention of employment and population to support rural communities. • To encourage use and development of land based on comprehensive and sustainable land • management practices and infrastructure provision. • To provide for the use and development of land for the specific purposes identified in a schedule • to this zone.
Overlays There are several overlays that cover the property; however, they do not affect this proposal.
State Planning Policy Framework 13.07-3S — Live Music Objective:
• To encourage, create and protect opportunities for the enjoyment of live music.
Strategies:
• Identify areas where live music venues are encouraged or where there are high concentrations of licensed premises or clusters of live music venues.
• Implement measures to ensure live music venues can co-exist with nearby residential and other noise sensitive land uses.
17.01-1L - Diversified economy Strategies:
• Encourage industries and businesses that add value to existing primary producers of the region. • Encourage the development of small-scale economic activity in small towns which complements the
resources and industries of the region. c\i .(1) a
17.04-1L - Facilitating tourism 0_ Strategies:
• Encourage tourism with connections to local industries and the environment. • Support tourism development and use that is at a scale that relates to the land size and surrounding
uses.
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• Encourage agriculture-based tourism. • Encourage the location of tourist accommodation facilities within small towns.
Assessment It is considered that the proposed variation associated with the current liquor licence is consistent with the relevant State Planning Policy Framework which seeks to encourage growth and development within this area particularly when related to tourism. The venue and business are well established, and the varied operation considered in in line with the policies set by the responsible authority.
Amenity Amenity is described under the Liquor Control Reform Act 1998 as being:
The quality that the area has of being pleasant and agreeable '4
With this in mind, the factors that should be considered in determining whether to grant the proposed licensed arrangements, and which may detract from or be detrimental to the amenity of the area include:
1. Noise levels. 2. Hours of operation. 3. Compatibility with surrounding land use. 4. Safety and health. 5. Extent of planning considerations. 6. The potential cumulative impact of an additional licensed venue.
Most Councils and Government agencies recognise the importance of licensed premises in a municipality in contributing to the vibrancy and economic strength of the municipality. There are, however, common problems that can accompany licensed premises such as the off-site amenity impacts including noise on other nearby uses and the problems which occur when these uses begin to affect retailing vibrancy and economic viability of an area.
Noise The proposed liquor licence is associated with an existing venue where function use has been established. The nature of this amendment is in order to allow for the growth of the business to attack further functions / events to the property and business and in turn allow for the growth of the local economy in a post Covid-19 environment, the hours of operation and patron numbers associated with the venue will not be altered.
Live or recorded amplified music is proposed outdoors once a month for events functions with the music area set up in order to ensure music is projected away from the nearest residence in a located indicated below.
4 Liquor Control Reform Act 1998
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Proposed 5rage.
FIGURE 8 - LOCATION OF MUSIC AREA - SATELLITE VIEW
Noise abatement has been established with the operation of the venue, however the conditions of the current planning permit issued in 2006, exclude the ability to allow for music in external areas, us such this applicant seeks to amend this. External areas are already in use, however, this proposal seeks to increase the licensed area externally to allow the same number patrons to spread out and enjoy the grassed areas of the facility whilst taking in the surrounds in order to enjoy events and functions.
Project ID: 11901541 Venue Address:10 Hoveys Rd, Barongarook West © OTL Consulting Group Pty Ltd
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Music to be played, either live or recorded, in the external areas will be directed back towards the main building in order to assist with a reduction in noise leakage and will be limited to once a month, however the provision of background music is sort to be permitted at all times in the external areas. The nearest residential use is located to the south east, 377m away with natural buffer zones, and will not be impacted by noise given the orientation and proposal to be allowed once a month. Noise impacts associated with patrons will not be significant, given their existing operation and vegetation buffers that exist between the venue and residents.
Assessment It is the view of On Tap Liquor Consulting that the proposal will provide a positive impact on the surrounding area and local economy as:
1. The proposal may provide for additional employment opportunities in the area as a result of the increased viability of the premises.
2. The proposal will provide economic benefits to the surrounding area. 3. The proposal will add to the vibrancy of the surrounding area by adding a further choice in venues. 4. The proposal suits the intentions of local government to increase tourism to the area.
Conclusion This assessment relates to a current general licensed liquor outlet located at Otway Estate. This report and assessment have shown that the proposed licence arrangements will not unreasonably impact the surrounding area. Key findings of the assessment include:
1. It is submitted that proposal in this instance is consistent with the policy context of the Municipal Strategic Statement which acknowledges that licensed premises contribute to the vibrancy and economic strength of the municipality and that well managed licensed premises contribute positively to the activity, appearance, character, and image of the area.
2. It is not expected that the proposal is likely to contribute to any problems for patron dispersal given the fact that the operation is existing.
3. Music noise will be associated with the venue externally once a month and natural barriers provide significant buffers to potential effects.
4. It is considered that mitigation measures, including adherence to local laws, planning provisions and the Liquor Control Reform Act, will ensure that the impacts of the proposal on the surrounding community are reasonable and are in balance with the positive economic, employment and vitality impacts of the development.
5. Hours of operation and patron numbers will not be varied.
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Disclaimer
This report is dated 19 November 2020 and includes information and known facts up to the that date only, this report excludes any information or fact occurring after that date which may affect the foundations of OTL Consulting Group Pty. Ltd.'s (OTL) assessments and opinion in this report. OTL prepared this report based on the instructions and information from RWA Retail Pty Ltd for the purpose of the Town Planning Application and not for any other use. OTL Consulting Group Pty. Ltd. have taken all professional care to ensure that this report is current at the time of writing. The information contained in this document is solely for the use of the person or organisation for which it has been prepared. OTL, their representatives, employees, contractors or connected persons are in no way liable for any errors within, or for any loss or damage resulting from reliance placed upon this reports contents.
OTL Consulting Group Pty Ltd - All rights reserved.
No information, section or element of this document may be removed, reproduced, electronically stored, or transmitted in any form without the written permission of On Tap Liquor Pty. Ltd.
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