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Ordinary Meeting of Council

 

Minutes

 

 

 

Tuesday 7 February 2017

 At 7.30pm

 

 

Council Chamber

Functions Centre

45 Princes Highway

Werribee

 

 

 

 

 


 

WCClogo CMYK MASTER.jpg

MINUTES

 

Ordinary Meeting of Council HELD AT THE COUNCIL CHAMBERS, CIVIC CENTRE,

45 PRINCES HIGHWAY, WERRIBEE ON Tuesday 7 February 2017

 

The meeting commenced at 7:31 pm.

 

PRESENT:                   Cr Aaron An

Cr Henry Barlow

Cr John Gibbons

Cr Josh Gilligan

Cr Tony Hooper

Cr Intaj Khan

Cr Heather Marcus

Cr Peter Maynard

Cr Kim McAliney

Cr Mia Shaw

Cr Walter Villagonzalo

 

 

IN ATTENDANCE:     Kelly Grigsby              Chief Executive Officer

                                      Kate Roffey                Director City Economy, Innovation & Liveability

                                      Jenny McMahon        Director City Life

                                      Stephen Thorpe          Director City Operations

                                      Steven Lambert          Director City Transformation

                                      Emily Keogh               Manager Corporate Affairs

                                      Nicole Battle               Coordinator Governance

                                      Sandra Noonan          Councillor Relationship Officer

                                      Tammy Williamson    Governance Administrator Officer

 

 

1.       OPENING PRAYER & WELCOME

The Mayor, Cr Henry Barlow welcomed all in attendance to the meeting.

2.       APOLOGIES & REQUESTS FOR LEAVE 

          Nil.

3.       DECLARATION BY COUNCILLORS OF DISCLOSURE OF CONFLICT OF INTEREST/CONFLICTING PERSONAL INTEREST IN ANY ITEM OF THE AGENDA

          Cr Intaj Khan declared a conflict of interest to item 6.4.2 ‘Planning Scheme Amendment C162 – Public Acquisition Overlay for Tarneit & Sayers Road’.   


 

 

4.       CONFIRMATION OF MINUTES OF PREVIOUS MEETING

 

MOTION:

 

CRS Peter Maynard / Josh Gilligan

 

That the minutes of the following meetings, as prepared and circulated, be confirmed:

1.    Ordinary Council Meeting held on Monday,12 December 2016;

2.    Special Council Meeting held on Monday 19 December 2016.

 

(CARRIED)

 

5.       Deputations and Presentations  

          Nil.

6.       OFFICERS’ REPORTS (incorporating questions with notice)

6.1         Petitions

              Two petitions were received and tabled at the meeting.

 

                        The first petition, with 17 signatures states: “The following petitioners are opposing the plans of the development of a new Prison and Youth Justice Center at Werribee South. Therefore we request the Wyndham City Council to write a letter to the Victoria State Government to reverse their proposal and establish an alternative site elsewhere in Victoria. Therefore, following petitioners are hereby requesting the Wyndham City Council to strongly oppose the proposal”.

 

                        The second petition, with 16 signatures states: “The following petitioners draws your attention on the working status of “Indian Cultural Precinct” to be developed in Wyndham City. The funds were approved and provided in December 2015 and since then, no progress has been seen. We would like you to provide us with the information on its status and what tasks have been undertaken for this project by the Council so far. It was announced that the Statement Government allocated $500k for the project to Wyndham City Council and no communication on its use or plan for use have been released by the Council till now. Therefore, following petitioners hereby request you to put some light on this issue”.

 

                        Both petitions will be reported on at the next Ordinary Council Meeting.

6.2         Strategic Reports

6.2.1      Interim Position on Youth Detention Centre                                 6

6.3         Policy/Advocacy

              NIL

6.4         Strategic & Town Planning

6.4.1      Planning Scheme Amendment C133 - Site Specific Controls & Permit for a Concrete Batching Plant at 780 Bulban Road Mambourin     14

6.4.2      Planning Scheme Amendment C162 - Public Acquisition overlay for Tarneit & Sayers Road                                                                              34

6.4.3      Planning Permit Application - 180-198 Rothwell Road, Little River - Restrospective planning permission for the existing greenhouse, existing rainwater tanks and two existing rural stores (sheds); buildings and works associated with new additional rainwater tanks.                                                                                                                 48

6.4.4      Planning Permit Application - 33-49 McLeans Road, Little River - Use and development of the land for a Place of Worship            70

6.4.5      Planning Permit Application - Construction of three (3) double storey dwellings at 2 Machair Drive, Point Cook                      89

6.4.6      Planning Permit Application - Residential Subdivision and works within an ESO at 121-125 Farm Road, Werribee (Vineyard 2 Estate)   113

6.5         Other Reports

6.5.1      Wyndham City State of Environment Report 2015-2016           179

6.5.2      Audit and Risk Management Committee Charter Review 2017 184

6.5.3      Consideration of Rate Cap Variation for 2017-18                      193

6.5.4      Notice of Intention to Lease Land at 2 Boyanich Court Hoppers Crossing to Vodafone Network Pty Ltd                                       198

6.5.5      Assembly of Councillors - December 2016 and January 2017 207

7.       Notices of Motion

          7.1         Notice of Motion 567:  Federal Kindergarten Funding           212

8.       Council Seal

8.1         Contract Award: C1817/17 - Williams Landing Reserve Construction                                                                                                                            214

8.2         Contract award: C1846/17 - Tarneit Road Duplication between Hogans Road and Caraleena Drive, and Melbourne Water wetland works                                                                                                              221

9.       Contract Summary

NIL

10.     QUESTIONS WITH NOTICE FROM PUBLIC GALLERY

NIL                                                                                       Error! Bookmark not defined.

 


 

 

11.     COUNCILLOR DELEGATES REPORTS

          NIL

12.     URGENT BUSINESS 

          NIL

13.     CONFIDENTIAL BUSINESS

13.1       any matter which Council considers prejudicial to Council or any person                                                                                                            235

14.     CLOSE OF MEETING

 

        


Strategic Reports

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: 0

 

 

Item No: 6.2.1

Chief Executive Officer - Kelly Grigsby

 

 

 

Interim Position on Youth Detention Centre

 

Summary

The purpose of this report is to brief Council about recent media reports alleging that a new high-security youth detention centre will be built by the State Government in Werribee South.

Council is keen to ensure it is proactive in representing the views of the community – which to date have been highly critical of any plans to build such a facility in Werribee South. In light of the strong economic growth and positive development occurring within the City, Council appreciates that the community is deeply concerned about the impact such a facility would have on the image and amenity of the City.  Equally concerning to the community is the social impact of a maximum security detention centre being built in the vicinity of a residential area, employment, tourism precinct and green wedge – all of State significance.

Given Council’s role as the responsible planning authority for the City – it is concerning that a facility of this magnitude could be considered without appearing in any State Government strategic plans such as Plan Melbourne or without formal consultation with Council, recognising the joint role both Council and the State plays in the longer term planning of the City.

Other correctional facilities of this type are normally built in locations surrounded by compatible land uses and are well separated from existing and developing residential neighbourhoods, employment precincts and tourism uses. Land owned by the State Government in Werribee South could see this maximum security detention centre built alongside the Princes Freeway, essentially creating a gateway to Wyndham, Geelong and beyond.

It is considered appropriate that no State Government decision should be made in relation to a youth detention centre without extensive community consultation and detailed social, economic and environmental impact assessments.  In the interim, it is recommended that Council oppose the building of a youth detention centre in Werribee South in principle

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer - Kelly Grigsby

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Executive Advisor – Natalie Walker

In providing this advice as the Executive Advisor and Author, I have no disclosable interests in this report.

Key Issues

·        Orderly Planning

·        Social, economic and environmental impacts

·        Funding of Wyndham Justice Precinct

·        Infrastructure and Service Needs in Wyndham

·        Activation of East Werribee Employment Precinct

 

RECOMMENDATION

 

That Council take the following interim position in relation to the building of a  high security Youth Detention Facility:

1.       Note the community concern expressed regarding the location of a high security Youth Detention Facility in Werribee South

2.       Note the significant work and investment that the Council and community has made to secure Wyndham’s prosperity, sustainability and liveability

3.       Oppose the building  of a high security Youth Detention Facility in Werribee South in principle on social, economic and environmental grounds

4.       Advocate for a full and transparent planning assessment of the site selection including detailed and thorough community consultation and evaluation

5.       Continue to advocate for State Government investment in infrastructure  and services that have been identified and planned by Council and the community to  meet the growing needs of the Wyndham community

6.       Seek ongoing meetings with State Members of Parliament regarding Council’s concerns and to advocate on behalf of the community.

 

 

 

MOTION

 

CRS Peter Maynard / Kim McAliney

 

That Council take the following interim position in relation to the building of a  high security Youth Detention Facility:

1.       Note the community concern expressed regarding the location of a high security Youth Detention Facility in Werribee South

2.       Note the significant work and investment that the Council and community has made to secure Wyndham’s prosperity, sustainability and liveability

3.       Oppose the building  of a high security Youth Detention Facility in Werribee South in principle on social, economic and environmental grounds

4.       Advocate for a full and transparent planning assessment of the site selection including detailed and thorough community consultation and evaluation

5.       Continue to advocate for State Government investment in infrastructure  and services that have been identified and planned by Council and the community to  meet the growing needs of the Wyndham community

6.       Seek ongoing meetings with State Members of Parliament regarding Council’s concerns and to advocate on behalf of the community.

 

(CARRIED)

 

1.      Background

1.1     Addressing increasing demand on the justice system

Demands on the justice system are increasing, driven by population growth and demographic change, new forms of crime, community expectations, and policy and legislative settings. Increased demand for justice services flow across the system, from police to courts to prisons.  There is a need to consider how infrastructure can meet demand on the system and support changing service delivery approaches.

Over the past 15 years, Victoria’s prison population has almost doubled and is currently around 6,500 people. Over the next 15 years, this number is expected to reach around 11,000. As was recently noted by the Royal Commission into Family Violence, the justice system is highly interdependent, with increased demand in one part, be it detention, police, courts or corrections, having a direct  flow-on  effect to other parts of the system (and affiliated health and human services).  In addition, the current supply of justice services does not always match the demand profile. There has been a tendency to rely on fixed assets, some of which are in poor condition, not fit-for purpose and in sub-optimal locations.

The State Government is currently facing some significant issues around crime. A number of high profile incidents have occurred which has placed significant pressure on the State Government to get tougher on crime, and to deal with issues in the justice system. In particular there have be spate of relatively major incidents at juvenile detention centres over the past few months which have included several ‘riots’ at the Parkville Detention facility and the escape of fifteen persons from the Malmsbury detention centre. Despite the State Government committing to undertake some upgrading works to the Parkville facility (scheduled to be completed by June), it is generally agreed that this facility at best can only operate as a relatively low security facility, and an alternative facility for youth detainees, and in particular the location of those persons requiring higher security, is urgently required.

On the 31 January 2017, The Age reported that a new high-security youth detention centre will be built by the State Government in Werribee South following a string of violent uprisings, escapes and several damning reviews of existing facilities at Malmsbury and Parkville. Council is yet to receive official advice in relation to this proposal. Since the media reports, Council has made deputations to the State Government to discuss the matter and ensure that the best interests of the Wyndham community are a key priority.

1.2     Crime Prevention

Demand in the justice system is driven by a number of factors, but a crucial one is the success of the State's education, health and human services sectors, which are often conceived of separately. A great opportunity exists for all sectors to come together to jointly support young people at risk and drive a more preventative approach to crime. Planning for new facilities should be one of a range of initiatives aimed at managing and meeting demand on the justice system, however a more integrated, preventative approach to the delivery of justice and related health and human services enabled by infrastructure is required.  Investment in the co-location of related service providers such as that proposed as part of the Werribee Justice Precinct is also an important consideration should this proceed.

1.3     Integrated Community Service Planning

Integrated service planning for justice, health and human services is required in the State. Such planning should identify opportunities for funding and delivering complementary integrated systems and facilities. This service planning should include consideration and funding of related services provided by the State Government, community and private sector organisations to both victims and offenders.

2.      Discussion

2.1     Location in Werribee South

Wyndham is experiencing a period of great opportunity and transformation.  Our City is one of the largest and fastest growing in Victoria and Australia.  Within our municipality we support large industrial and technology districts, major retail precincts, intensive vegetable growing areas and grazing lands, key tourism and open space attractions such as the Werribee Park Mansion and Victoria’s Open Range Zoo and continually expanding residential areas.

As a growth municipality, Council is passionate about meeting the rapidly expanding and changing needs of the community.  Wyndham 2040 together with the City Plan details Council’s strategy to secure Wyndham’s prosperity, sustainability and liveability into the future.  It drives a collaborative approach with the community, government, business, industry and other key stakeholders.

Council has embarked on a significant plan to transform Werribee as the ‘Capital of Melbourne’s New West’.  This project involves the development of four key sites in the city centre that will change the entire landscape of the City embracing the parkland and unique river aspects and will deliver a thriving economy where people will work, live and play. It will also include 1,400 new parking spaces, 5,000sqm of office space, 300 residential apartments and a new Integrated Community Learning Hub.

There are well established correctional type facility precincts in Melbourne's west including the Dame Phyllis Frost Centre, Ravenhall, Port Phillip Prison, Melbourne Remand Centre and Barwon Prison. These are all surrounded by compatible industrial and transport uses, and are well separated from existing and developing residential neighbourhoods, employment precincts and tourism uses.  Many of these sites have access to public transport, allowing ready access for staff, visitors and families. Significant concern is raised at the prospect of locating such a facility in Wyndham City, particularly in Werribee South.

2.2 Strategic Land Use Planning Implications

Planning for the future needs of the community is a challenging and vital Council responsibility. Planning decisions shape communities and influence the physical environment and quality of life. They have long term consequences and can affect people’s livelihoods and amenity.

As noted above, at the time of writing this report, the proposed location of the Youth Detention Centre in Werribee South is unknown. A “corrective institution” is a prohibited use in some areas of Werribee South. Such a facility has never been contemplated the East Werribee Employment Precinct or Werribee South, Plan Melbourne, any strategic land use planning study or structure planning process undertaken or commissioned by Council or the State Government.

A fundamental component of the assessment regime under the Planning and Environment Act is the transparent assessment of economic, social and environmental impacts.  In certain circumstances the Minister for Planning has the power to intervene on matters associated with planning scheme amendments and planning permit applications. This may involve:

•        amending a planning scheme, with exemption from notice requirements

•        advancing the processing of an amendment to a planning scheme

•        calling-in a matter before the Victorian Civil and Administrative Tribunal.

This power is usually exercised for matter which may have a substantial effect on achievement or development of State planning objectives, policy or public interest. It has been exercised previously by the State Government for facilities such as this, most recently to approve the new prison at Ravenhall. As noted previously in this report, Ravenhall and other high security facilities are best located where they are surrounded by compatible industrial and transport uses, and are well separated from existing and developing residential neighbourhoods, employment precincts, green wedge protection areas and tourism uses.  Many of these sites have access to public transport, allowing ready access for staff, visitors and families. Significant concern is raised at the prospect of locating such a facility in Werribee South.

There is a risk to the orderly planning of the city if the Minister for Planning would rezone land via Ministerial Planning Scheme Amendment without proper assessment of social, economic and environmental impacts. In the event that this occurs, a future planning permit application is likely to be exempt from public notice and third party appeal rights.  Both the site selection and the development would proceed without Council and community input.

2.3     Werribee Justice Precinct

The East Werribee Employment Precinct Structure Plan identifies an opportunity to develop a fit-for-purpose justice precinct. Council in collaboration with a range of partners, is seeking State Government funds to establish an integrated Justice Precinct (WJP) on the designated 3 hectare site in the East Werribee Employment Precinct (EWEP). The WJP would co-locate three interrelated elements:

•     a new police complex: The Minister for Police committed  funds for its construction in November 2016

•     a large new multi-jurisdictional court complex including a range of courts and court support services that would respond to civic and criminal matters.  

•     a range of universal and specialist community support and health services for      people in contact with the justice system and the local Wyndham community.

State funds of $20M are required to construct office accommodation for services. The scale and nature of the WJP would be unprecedented in an outer growth area. It has the scope to service both local needs and those of the wider metropolitan Western region. There is significant need for new justice infrastructure. The existing Werribee Court was built for a population of 40,000. It has no capacity to expand and is considered a significant safety risk for clients and staff.  The WJP service planning project commissioned by WCC (and undertaken by KPMG) identified that the proposed integrated WJP model is in line with:  broader national and international trends towards service integration to better meet complex needs of people; approaches to the administration of justice, such as therapeutic jurisprudence and restorative justice.

Council is requesting:

•     Funding of $20m to resource the planning and development of a range of community support services to be co-located as part of the WJP.   This would include wrap around specialist services that respond to the complex needs of people using the justice system who often present with a range of issues relating to mental health, drug and alcohol abuse, family violence, housing needs, financial hardship and unemployment.  Some universal services should also be co-located in the WJP to ensure that services are used by all of the community.

•     A Support and Safety Hub be located in Wyndham to address the increasing demand for family violence support (in line with the Royal Commission into Family Violence recommendations). 

•     Funding be committed in the 2017/18 State Budget for the WJP court complex.


 

2.4     Infrastructure and Service Needs in Wyndham

The current population of the City is 213,911, with a projected population of 424,476 persons in 2036. With net population growth of 10,202 residents in 2015, Wyndham is experiencing the second highest population growth of any Council area in Australia. 

The social profile of the City illustrates the breadth of infrastructure and service needs, now and in the future. The 2011 Census showed that while 27% of the population were aged under 17, Wyndham’s retirement age residents (age 65+) is set to increase by 143% between 2016 and 2036. Additionally, there are 12 babies born into Wyndham every day. The 2011 Census also highlighted Wyndham’s cultural, linguistic and religious diversity with 34% of residents born overseas. Wyndham has fewer local jobs for residents than other parts of Melbourne. In 2001, 67% of Wyndham residents travelled to work outside Wyndham and that figure rose to 72% of residents working outside the local area by 2011.

The provision of basic infrastructure on the urban interface often lags behind residential development. The main reasons that infrastructure supply has not met demand relate to a funding gap and the misalignment in timing between the pace and distribution of residential expansion and the rollout of infrastructure. Wyndham requires long-term planning for major infrastructure, such as transport and essential services. Council is keen for innovative solutions supported by all tiers of government to this issue. Population growth and investment in new and planned communities, as well as the revitalization of established activity centres, presents an opportunity for Wyndham to become a Smart City with a range of jobs closer to homes and better transport connections.

In addition to key community, transport and economic infrastructure needs, there is continuing higher demand and service gaps in Wyndham and across other Growth Areas. There is an imperative for new funding and service commissioning models, combined with integrated planning and ‘follow through’ to ensure appropriate infrastructure, services and community strengthening programs are implemented. This points to the need for a ‘whole of government’ commitment to working in partnership to resolve the integration and resourcing issues that have been identified for many years but not successfully or fully addressed.

The Council has identified several long – term infrastructure, service and economic requirements that will deliver livability standards for residents comparable to residents living in non-interface metropolitan area. These include funding for crime prevention, youth mental health, WJP, train station infrastructure, relocation of a suitable entity, either a government department or other business, fast tracked activation of  EWEP employment opportunities, level crossing removal, upgrades to Hoppers Lane, Skeleton Creek bridge and interchange works at Duncans Road.

3.      City Plan

2.2  City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

4.      Wyndham 2040 Vision

Advocacy on this issue demonstrates Council’s commitment to strong civic leadership, advocacy and good governance for the benefit of the community. It demonstrates Council’s desire to be strategically focused, innovative, proactive and committed to betterment of the existing and future communities of Wyndham.


 

5.      Council Policy

The Wyndham Planning Scheme contains several relevant policies including the following:

Clause 11.04-5 Environment and water:To protect natural assets and better plan our water, energy and waste management systems to create a sustainable city.

Clause 11.04-7: Green Wedges: To protect the green wedges of Metropolitan Melbourne from inappropriate development.

Clause 12.02-1 – Protection of coastal areas: To recognise and enhance the value of the coastal areas to the community and ensure sustainable use of natural coastal resources.

Clause 12.01-2 - Native vegetation management: To assist the protection and conservation of Victoria’s biodiversity, including important habitat for Victoria’s flora and fauna and other strategically valuable biodiversity sites.

Clause 12.02-4 – Coastal tourism: To encourage suitably located and designed coastal and marine tourism opportunities.

Clause 12.04-2 – Landscapes: To protect landscapes and significant open spaces that

contribute to character, identity and sustainable environments.

Clause 14.01-1 – Protection of agricultural land: To protect productive farmland which is of strategic significance in the local or regional context.

Clause 14.01-2 – Sustainable agricultural land use: To encourage sustainable agricultural land use.

Clause 17.03-1 – Facilitating tourism: To encourage tourism development to maximise the employment and long-term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination.

Clause 18.01-1 - Land use and transport planning

Clause 19.02-4 –Distribution of social and cultural infrastructure

6.      Financial Implications

It is noted that the State Government introduced legislation that prevents Councils from raising rates above inflation levels from 1 July 2016. Victorian councils will be forced to cap rates at the consumer price index (CPI) which has been declared for 2017/18 at 2 per cent. The CPI (based on a basket of common household goods and services that Council purchases very little of) is a very poor index of the cost of providing services that are very heavily based on labour costs.

The cost of the Youth Detention Facility is unknown but expected to be fully funded by the State Government. Council needs to consider that such large projects within its municipality will require additional input of Council resources to ensure any proposal does not significantly impact the Community, ensure good planning outcomes and integration of better Community benefits.

7.      Social Implications

Social impacts from the proposal are unknown at this stage. An important consideration in the assessment of social impacts is the effect of the project on labour activities within the region. The impacts of labour sourcing can vary according to the relationship of an area to larger labour markets and the existence of appropriately skilled labour within the locality.


 

A major concern with any Youth Detention Facility is the potential negative effect that it may have on the surrounding community. Given the recent events at Parkville and Malmsbury there is understandably some safety concerns from residents who live in areas where prisons or other detention facilities are located. Residents feel that the location of these types of facilities in their municipality devalues the reputation of the area, and in particular, for those who have residences located in the vicinity of the facility, devalues their property value directly.

A full social impact assessment is required for Council and the Community to understand and consider these issues. As noted above integrated service planning for justice, health and human services is required. Such planning should identify opportunities for funding and delivering complementary integrated systems and facilities. This service planning should include consideration and funding of related services provided by the State Government, community and private sector organisations to both victims and offenders.

8.      Environmental Implications

Environmental impacts from the proposal are unknown at this stage. Werribee South is significant green wedge and environmental assets that feature rare flora and fauna, agricultural land, natural coastline, sites of international migratory importance and unique waterways and wetlands.

A range of environmental and cultural heritage assessments and approvals are likely to be required. This may include managing the presence of flora and fauna on the sites, addressing the impact on agricultural and tourisms uses, noise, security, traffic management and lighting. An important consideration is how the siting design of the Youth Detention Centre would be sympathetic to and support the sustainability of EWEP, the green wedge, tourism and the natural open areas of Werribee South, and separating such facility from tourist park and gateway entries.

9.      Economic/Employment Considerations

The extent to which a Youth Detention Facility would create significant economic opportunities for the area is unknown. The project may generate jobs during construction and ongoing jobs when operational. Economic benefits may also come from flow-on effects of purchasing goods and services from local producers and suppliers. These however, need to be balanced against potential impacts on the green wedge, social and tourism impact.

10.    Community Consultation

Given the magnitude of a development of this type and the potential impact on surrounding residents, business and municipalities, it is Council’s expectation that the State Government conduct a comprehensive community consultation processes that genuinely considers the views of Wyndham residents, business and other affected municipalities and tourism providers.

The community should be given opportunity to engage directly with State Government representatives to highlight issues and concerns. Importantly, this process should also occur in addition to the legislated consultation that should occur as part of rezoning and future development plan or planning permit application.

     


Strategic & Town Planning

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: C133

 

 

Item No: 6.4.1

Manager Urban Futures - Aaron Chiles

 

 

 

Planning Scheme Amendment C133 - Site Specific Controls & Permit for a Concrete Batching Plant at 780 Bulban Road Mambourin

 

Summary

Council has received a request to amend the Wyndham Planning Scheme and to consider concurrently an application for a planning permit pursuant to Section 96A of the Planning and Environment Act 1987.  The Amendment and Permit will allow land at 780 Bulban Road, Mambourin to be used and developed for a concrete batching plant. The amendment request is to incorporate a document (Attachment 1) into the planning scheme to allow a site specific use that would otherwise not be permitted due to existing controls. 

 

The site is ideally located, as it is strategically well-positioned to markets and close to major transport routes, including major road infrastructure projects and Wyndham’s rapidly growing urban areas.  The concrete supply generated from the proposed new concrete batching plant is required to facilitate major State infrastructure projects, including the Western Distributor, the Outer Suburban Arterial Road Program and the Western Interstate Freight Terminal. 

 

This report discusses the proposal and potential impacts in detail, it recommends that Council seek authorisation from the Minister for Planning to prepare and exhibit the combined Planning Scheme Amendment C133 and Planning Permit WYP9442/16, in accordance with the requirements of the Planning and Environment Act 1987.

 

Attachments

1.

Incorporated Document  - printed in separate document

2.

Draft Permit Conditions - printed in separate document

3.

Site Plan - printed in separate document

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Economy, Innovation & Liveability – Kate Roffey

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Urban Futures - Aaron Chiles

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Senior Planning Projects Officer - Maree Phillips

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Combined Permit and Amendment Process

·        Noise and traffic impacts

Bulban Road

·        Impacts on existing and future residential land

·        Heritage dwelling at 780 Bulban Road Mambourin

·        Environmental Significance Overlay

·        Planning Scheme Amendment process


 

 

RECOMMENDATION

 

That Council resolve to undertake the following:

 

1.       Seek authorisation from the Minister for Planning to prepare Amendment C133 to the Wyndham Planning Scheme and consider Planning Permit WYP9442/16 concurrently.

 

2.       Prepare and give notice of Amendment C133 and Permit WYP9442/16 in accordance with the requirements of the Minister’s authorisation.

 

3.       Authorise the Director of City Economy, Innovation & Liveability to make minor changes to the amendment that do not impact on its intent.

 

4.       Advise the proponent that they are required to cover all costs relating to the amendment.

 

 

 

MOTION

 

CRS Intaj Khan / Peter Maynard

 

That Council resolve to undertake the following:

 

1.       Seek authorisation from the Minister for Planning to prepare Amendment C133 to the Wyndham Planning Scheme and consider Planning Permit WYP9442/16 concurrently.

 

2.       Prepare and give notice of Amendment C133 and Permit WYP9442/16 in accordance with the requirements of the Minister’s authorisation.

 

3.       Authorise the Director of City Economy, Innovation & Liveability to make minor changes to the amendment that do not impact on its intent.

 

4.       Advise the proponent that they are required to cover all costs relating to the amendment.

 

(CARRIED)

 

1.      Background

The subject site is comprised of Lots 64 and 65 on PS 005410, known as 780 Bulban Road, Mambourin.  The land is currently used as a quarry and is zoned Special Use Zone for this purpose.  The proposed concrete batching plant is prohibited by the zone because the use is listed in Clause 52.10 of the Planning Scheme as a purpose with Adverse Amenity Potential.  Clause 52.10 also includes an acceptable minimum distance from any part of the land of a proposed use to land in a residential zone. The threshold distance specified for the use of the land for a concrete batching plant is 300m. In practice the proposed concrete batching plant will be located well in excess of 300m from existing and even proposed future residential land as identified in Figure 1 below.  

 

Figure 1: Distance of Concrete Batching Plant to existing and proposed residential development

 

 

Furthermore, the product will mostly be obtained from an existing extraction industry operating on the site.  The site area (shown in red on Figure 1) of 240ha adequately accommodates both industries.  The extraction area is currently utilising approximately 3ha and the proposed batching plant will have an area of approximately 1.67ha. 

 

Impacts on the amenity of the surrounding area have been considered by appropriate professionals and noise and traffic reports have been submitted as part of the application.  Impacts and mitigation measures are discussed in the body of this report. 

 

A request to amend the Wyndham Planning Scheme has been received from SMEC Australia Pty Ltd, who act on behalf of Holcim (Australia) Pty Ltd. 

 

The amendment proposes the introduction of an incorporated document into the Wyndham Planning Scheme through Clause 52.03 (Specific Sites and Exclusions).  The incorporated document will introduce a site specific provision to enable a planning permit application to be considered for a use that is otherwise not permitted due to existing controls.  The exemption would apply only to the site as nominated in the incorporated document (a draft of the incorporated document is attached).

 

A planning permit application has been lodged concurrently with the amendment application under the provisions of Section 96A of the Planning and Environment Act 1987, to be considered concurrently with the amendment. 

 

The applicant has requested Council consider an exemption to give notice of the Amendment.  The reason provided for seeking the exemption is the proposed land use will have no perceivable material detriment to adjoining or surrounding landowners.  Council officers considered the applicant’s request not to give notice and recommend proceeding with notification as set out in this report, as consultation with the legislated agencies and surrounding landowners will inform Council’s assessments. 

 

Strategic Importance of the proposed Concrete Batching Plant

 

The site is ideally located, as it is strategically well-positioned to markets and close to major transport routes, including major road infrastructure projects and Wyndham’s rapidly growing urban areas. 

 

The concrete supply generated from the proposed new concrete batching plant is required to facilitate major State infrastructure projects, including the Western Distributor, the Outer Suburban Arterial Road Program and the Western Interstate Freight Terminal. 

 

The benefits of the proposed use in this location is that it will significantly reduce travel times, lowering congestion on roads, more efficient truck movements and allows concrete products to be delivered more economically within the area.

 

Furthermore, the co-location of the proposed concrete batching plant with an existing quarry use, which is expected to continue until all resources are depleted, provides a more sustainable operation.  This includes reduced truck movements and emissions through the direct supply of aggregate from the quarry to the plant, as well as optimising the use of existing truck trips and routes and taking advantage of existing hours of operations, which helps to minimise off-site amenity impacts.

 

Subject Site

 

The site is currently occupied by the Holcim Manor Quarry, which is licensed to extract basalt stone resource.  The site is made up of two (2) allotments, both rectangle in shape, as shown in Figure 2.  The allotments are identified as Lots 64 and 65 on Plan of Subdivision 005410, the address of the site is 780 Bulban Road Mambourin.  There is a 40sqm easement on the south western boundary of Lot 64 relating to water supply windmill and pumping plant.

 

 

 

 


 

Figure 2: Allotment Plan.

 

 

The subject site is located within the Urban Growth Boundary and is zoned Special Use Zone Schedule 6, for the purposes of a quarry.

 

The site is included in the future Mambourin East Precinct Structure Plan (PSP), no commencement or completion dates have been released from the Victorian Planning Authority (VPA) for the preparation of this PSP.

 

Precinct Structure Plans (PSPs) are fundamental to Wyndham Growth Areas.  PSPs determine the layout of roads, activity centres, schools, parks, housing, employment, integrating future road networks with the existing road network and generally resolving complex issues such as biodiversity and cultural heritage.

 

Surrounding Area

 

As identified in Figure 3 land directly to the north and east of the subject site is currently used for agriculture and is subject to the preparation of future PSPs:

·    Mambourin East PSP is a proposed employment based PSP directly to the east; and

·    Bayview PSP is a proposed residential based PSP directly to the north.

 

Land to the north-east of the subject site forms part of the approved Black Forest Road North PSP.

 

Land further to the east is set aside for the Regional Rail Link (RRL).

 

Land directly to the west is proposed for the Outer Metropolitan Ring Road (OMRR).

 

Land on the southern side of the Melbourne Geelong Railway Line is Wests Road Quarry, also operated by Holcim Quarry.

 

Figure 3: Surrounding area and Precinct Structure Plans

 

 

Precinct Structure Plans (PSP)

 

The site is located within the future Mambourin East PSP area. 

 

The Black Forest Road South PSP which covers the area to the northeast of the subject site was approved by the Minister in August 2013. 

 

Figure 4 shows the Black Forest Road South PSP which indicates a buffer area from the quarry site to future residential land (shown on the map with a semi-circle black broken line.  The quarry site is shown to the south west).

 

 

 


 

Figure 4: Black Forest Road PSP area

 

 

2.      Discussion

 

Combined Permit and Amendment

 

The proponent has applied for a planning permit pursuant to Section 96A of the Planning and Environment Act 1987.  Section 96A of the Act allows for a person who requests a planning authority to prepare an Amendment to a planning scheme to also apply for a permit for any purpose for which the Planning Scheme, as amended by the proposed Amendment, would require a permit.

 

The Planning Application (Reference: WYP9442/16) seeks approval for:

·    The use and development of land for a concrete batching plant.

 

The Planning Scheme Amendment application seeks to amend clause 52.03 (Specific Sites and Exclusions) of the Wyndham Planning Scheme.  Clause 52.03 recognises specific controls designed to achieve a particular land use and development outcome.  Land identified in the schedule to this clause may be used or developed in accordance with specific controls contained in an incorporated document (attached) corresponding to that land, and may allow the land to be used or developed in a manner that would otherwise be prohibited.

 

The proposed incorporated document allows only for the prohibited use of a concrete batching plant to occur only at the site nominated, being 780 Bulban Road, Mambourin, subject to a permit.

 

Noise Impacts

 

The potential impacts of noise from the proposed Concrete Batching Plant (CBP) have been assessed and appropriate conditions (Refer to Attachment 2 for a full list of the proposed conditions) to mitigate any noise impacts have been proposed. The proposed CBP is located more than 2.9km from the existing residential growth front and more than 1.8km from the nearest residential areas when the growth front is fully developed.  Existing rural dwellings that are closer than the future residential growth front have also been assessed as complying with appropriate noise standards.

 

Watson Moss and Growcott, Acoustics Consultants have prepared a Noise Report to determine the emissions associated with the proposed operations.

 

The nearest receivers are:

·    Ball Road residence – located approximately 1850 metres north of the site.

·    48 Manor Road residence – located approximately 480 metres south of the site.

·    21 Station Street residence – located approximately 800 metres south of the site

·    780 Bulban Road residence – located approximately 363m west of the site

 

Figure 5 shows the subject site and relevant nearby locations.

 

Figure 5: Noise receiver locations

 

 

The Consultants used the Environmental Noise Model methodology to assess impacts.  Emissions were assessed in accordance with the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1).  

 

The report concluded that the proposed concrete batching plant can be operated while maintaining levels within the SEPP N-1 noise limits at all residential locations, subject to the incorporation of appropriate noise control measures and operational constraints.

 

The Noise control measures include:

·    Reversing alarms fitted to mobile equipment be the ‘new generation’ broadband* reverse alarms and selected at the lowest noise level for safe operation; and

·    Delivery hour constraints and plant operation constraints, specifically

Cement deliveries will not occur between 10.00pm and 7.00am 7 days a week;

Aggregate deliveries will not occur between 10.00pm and 7.00am 7 days a week; and

Only one front end loader will operate at the site between 10.00pm and 7.00am 7 days a week (two front end loaders can operate at all other times).

Further recommendations incorporated in the report regarding driver behaviour are:

·    Nominated speed of up to 80kph;

·    Minimise engine revving;

·    Acceleration/deceleration will be gradually applied; and

·    Engine braking to be avoided.

 

*Broadband (white sound) alarms are a new generation of warning alarms.   They are a reversing alarm and are used in a range of industries, including plant machinery.  White sound dissipates quickly meaning the alarm is only heard in the hazard zone.  It also creates a “ssh ssh” sound which is more gentle on the ears then the beeping tonal alarms.

 

A proposed permit condition includes restrictions on delivery times.

 

Traffic Impacts

 

The proposal involves restrictions on the use of Bulban Road and the upgrade of a section of Bulban Road to facilitate truck movement on those parts of the road network that can sustain the traffic proposed. The section of Bulban Road between the two site access points and Manor Road will be upgraded as part of the proposal as identified in Figure 6 points (small red circles).  This will connect truck movements back to parts of the road network that can sustain truck traffic and are part of Wyndham’s approved truck routes as identified in Figure 7. Further, a condition is proposed on the proposed permit to ensure the road network is not undermined by the proposal.

 

 


 

Figure 6: Truck access route plan

 

 

 

 


 

Figure 7: Approved Truck Routes

 

 

Traffic Assessment Report

 

SMEC prepared the Traffic Assessment Report.  Daily traffic generated by the proposed use is stated as 42 vehicle movements daily. 

 

The daily traffic volumes estimated on Bulban Road between the site access point and Manor Road is:

·    69 vehicles per hour, eastbound; and

·    275 vehicles per hour, westbound.

The following table is the anticipated generation (trips per type of vehicle) per day and yearly.


 

 

Material

Quantity

Yearly vehicle trips

Daily vehicle trips

Vehicle

Concrete

25,000m

8064

26

Concrete truck

Quarry material

50,000 tonnes

3334

11

Quarry truck

Cement

7,500 tonnes

500

2

Cement tanker

Waste

 

208

1

Waste truck

Admixture

 

104

1

12.5m truck

Fuel

 

208

1

Fuel tanker

 

The figures are based on the plant operating six (6) days per week. 

 

There will be four (4) staff working on site generating an additional eight (8) vehicle trips per day.

 

Bulban Road

 

Bulban Road between the site entrance of the concrete batching plant and Manor Road will require upgrading. This will also include upgrades to the turning treatments to and from the site to Bulban Road.   Conditions relating to works required and on-going maintenance have been included in the draft conditions.

 

The photos in Figures 8 and 9 show the current state of Bulban Road:

 

Figure 8: Bulban Rd, looking east from the development site

 

 

 


 

Figure 9: Bulban Rd, looking west from the development site

 

 

Access to the site is proposed via the existing crossover on Bulban Road located approximately 240m east of Manor Road.  However, this is currently not possible due to the 6 tonne load limit on Bulban Road which would exclude access to the site by concrete trucks.   The proponent will apply to have the 6 tonne load limit on Bulban Road between the crossover and Manor Road lifted by delivering upgrades to this section of Bulban Road at their own expense and as a condition of the proposed permit. 

 

Impacts on existing and future residential land

 

The proposed use of a concrete batching plant is associated with existing extractive industry and is located more than 1.8km from the nearest residential areas available for development when the residential growth front is fully developed.

 

The Black Forest Road South PSP also abuts the site and includes a 480m quarry buffer, shown in Figure 10. 

 


 

Figure 10:  Quarry Buffer Source-Black Forest Road South PSP/Applicants documentation

 

 

The West Growth Corridor Plan shows the land surrounding the site, on the north, south and east boundaries as industrial land.  Figure 11 shows the subject land in the context of the West Growth Corridor Plan and future surrounding land uses.

 

The surrounding land uses (i.e. industrial land) introduced to mitigate the impacts of the quarry on sensitive land uses will also assist in mitigating impacts as a result of the concrete batching plant.

 

A 20m wide exclusion buffer currently exists around the inside of the entire site as required by the existing permit that exists for extractive industry on the subject site.  The entire site is identified in Figure 2 with a red border. The buffer provides both aesthetic and noise reducing qualities and ensures any extraction activity occurs at least 20m away from the site boundary.  Additional landscaping to the site and buffer as set out by the proposed permit conditions will enhance the amenity further.

 

Noise and traffic impacts have been discussed previously in the report.   Dust suppression measures will be in line with the Environmental Protection Authority (EPA) requirements and will be conditioned on the proposed permit.   The EPA is a referral authority and has conducted a preliminary assessment of the proposal. 

 

The EPA advised that as there will be a future PSP for the wider area, designating the proposed site and its surrounds as industrial areas the proposal is considered appropriate in relation to the surrounding future industrial land uses.

 

They further advise they do not oppose the proposal based on the information provided and request to be notified once the planning scheme amendment is on exhibition.

Figure 11: West Growth Corridor Plan

 

 

Heritage Dwelling

 

The dwelling west of the batching plant site has a Heritage Overlay applied.  It is described as being significant as an intact example of a turn-of-the-century rural residence and property containing evocative landscape elements including drystone walls.

 

The dwelling is approximately 363m west of the proposed CBP site. 

 

The applicant does not seek to carry out any work on or in the vicinity of the Heritage Overlay, therefore, there will be no impact on the Heritage Listed dwelling. No permission is being sought to remove or alter the dwelling and no permission exists to do anything to the dwelling.  It is proposed that the Heritage Listed dwelling will remain as it is, as the proponents have no planning permission to remove or alter the dwelling.  Any action to remove or alter the dwelling would be illegal without planning permission.

 

Environmental Sensitive Overlay-Schedule 2

This overlay applies to Lot 65.  Figure 12 shows both the Heritage Overlay and the Environmental Sensitive Overlay (ESO).

 

 

 


 

Figure 12:  Overlays

 

 

The purpose of the overlay is to protect and improve the viability of habitats, ecological communities, flora and fauna and genetic diversity.

 

The proposed plant is shown partially on the ESO and it will be sited on an existing constructed pad.   The plant will not encroach into the ESO land any further and the applicant states that no native vegetation will be required to be removed. 

 

The proposal will therefore have no impact on the Environmental Significance Overlay (ESO2) because the land to be utilised for the CBP is already developed and used in relation to the existing quarrying activities on the site and is being reconfigured to accommodate the proposed CBP.  The proposal will not impact the ESO2 because the development of the land is confined to this existing developed portion of the site meaning no matters of environmental significance are impacted by what is proposed.

 

A site plan showing the plant and equipment within the formed pad is attached (Attachment 3).

 

As the existing vegetation will remain and the access to the site is over Lot 64, it is not considered that there will be any impacts on habitat.

 

Referrals

 

As part of the preliminary assessment, comments were sought from the following internal and external authorities.


 

 

Department

Comments

Engineering

Unconditional consent is provided for the proposal.

Transport Planning

Unconditional consent is provided for the proposal.

Strategic Planning

Unconditional consent is provided for the proposal.

Environmental Planning Authority (EPA)

The EPA identified encroachment of residential development into industrial areas as one of the key environmental problems for Victoria.  No objection to the proposal.  Further conditions may follow.

Economics, Development, Jobs, Transport and Resources

No response received at the time of writing this report.

Victorian Planning Authority (VPA)

Based on the information provided, the VPA has no objection in principle.  VPA state that the nominated location for the batching plant is complementary to the existing quarrying operation and broadly consistent with the future industrial/employment use of the surrounding land. 

 

Further formal comment will be provided as part of the exhibition.

 

Assessment

 

The land is zoned Special Use Zone-Schedule 6 (SUZ6). 

 

The purpose of the zone is to:

·    Recognise or provide for the use and development of land for earth and energy resources.

·    To encourage interim use of the land compatible with the use and development of nearby land.

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

 

The Amendment is consistent with the purpose of the zone as the use is ancillary to the existing quarry operation currently undertaken on the site.

 

Planning Scheme Amendment Process

An amendment to the Planning Scheme is undertaken in accordance with the requirements of the Planning and Environment Act 1987, and will generally involve the following steps:

1.       Subject to Council’s agreement, seek authorisation from the Minister for Planning to prepare the amendment.

2.       Exhibit the amendment, together with the section 96A permit, in accordance with the requirements of the Act and the Minister’s authorisation.

3.       The amendment will be further reported to Council to consider submissions (if any) and to decide whether to adopt or abandon the amendment.  Where submissions cannot be resolved, the amendment may be referred to an independent Planning Panel which will make recommendations for Council to consider prior to adoption.

4.       If adopted, the amendment, together with the section 96a permit, will be submitted to the Minister for approval and gazetted in the Wyndham Planning Scheme.

5.       If approved, the amendment will be gazetted to form part of the Wyndham Planning Scheme and the Minister will direct Council to issue the permit.

Council officers considered the applicant’s request not to give notice (refer to the ‘Background’ section of this report) and recommend proceeding with notification as set out in this report as consultation with the legislated agencies and surrounding landowners will inform Council’s assessments. 

 

The proposed amendment does not meet the criteria set out in the Advisory Note: A protocol for fast tracking amendments, March 2007 (DELWP) for amendments which may be suitable for reduced notice requirements.  Such exemptions from notice are suitable for amendments that make corrections or plain English translations to the Planning Scheme and other minor changes.

 

3.      City Plan

2.2  City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

 

4.      Wyndham 2040 Vision

Places and Spaces:
The vision to offer a diverse range of housing types and built environments that contribute to the quality of life is consistent with this proposal as the concrete produced can be used (for example) in the foundations of building construction, paving materials for roads, plumbing and piping in construction projects. 

5.      Council Policy

The Amendment supports and will implement the following objectives and strategies of the State and Local Planning Policy Framework, contained within the Wyndham Planning Scheme including the following provisions:

 

State Planning Policy Framework

The State Planning Policy Framework (SPPF) contains the general principles for land use and development in Victoria.

 

Clause 14 Natural Resource Management

The objective of sub clause 14.03 is to encourage exploration and extraction of natural resources in accordance with acceptable environmental standards and to provide a planning approval process that is consistent with the relevant legislation.

 

The proposed use is consistent with the objective and the merit assessment will determine the outcome of the planning permit.

 

Clause 17 Economic Development

The objective of sub clause 17.02-2 is to facilitate development and operation of industry and research and development activity.

 

The batching plant proposal supports the existing operation of the site.

 

Clause 19 Infrastructure

Sub clause 19.03-5 Waste and resource recovery supports the establishment of new facilities to safely and sustainably manage all waste and maximise opportunities for resource recovery.  

 

The new facility assists with the resource material production once extraction has occurred.  The use is consistent with this clause.

 

Local Planning Policy Framework

The Local Planning Policy Framework contains a Municipal Strategic Statement (MSS) and local planning policies.  The framework identifies long term directions about land use and development in the municipality.  The proposed Amendment and Planning Permit are consistent with local planning policy.

 

Clause 21.02 Settlement

The site is within the future Mambourin East PSP and is therefore identified as a future growth area.  Accordingly, Council will need to introduce timeframes for the expiration of the land use to minimise/mitigate conflicting land uses, for example residential interfaces.

 

Clause 21.05 Natural Resource Management

Local content supports the State Planning Policy Framework; this clause identifies the incorporation of management conditions in planning permits.

 

Clause 21.08 Economic Development

Attracting business to the region is critical to Wyndham’s long term economic future.  While the employment generated from this industry will not be substantial, the ongoing benefits to the economy through the end use to the construction industry is a positive factor.

6.      Financial Implications

All costs relating to the processing of the combined Planning Scheme Amendment and Planning Permit will be borne by the applicant.

7.      Social Implications

The combined Planning Scheme Amendment and Planning Permit will provide a land use, compatible to the existing extraction industry that operates at the site.  The social implications are minimised due to the remoteness and proposed surrounding land uses, while the social benefits derived from this use are far reaching, specifically in the building industry, including infrastructure projects such as roads and civil works.

8.      Environmental Implications

The noise assessment and traffic assessment reports have documented any impacts.  Impacts will be managed through noise mitigation controls as previously mentioned.  Landscaping which will include buffers will also manage noise and air pollutants.

 

The existing Works Authority No. 420 applicable to the site and granted under the Extractive Industries Development Act 1995, at the time the Permit was issued for the Extraction Industry will be reviewed by the relevant authority to include conditions relating to environmental issues.

 

Co-location of the concrete batching plant with an existing quarry has environmental benefits including reduced vehicle movements, reduced emissions and more efficient operation of truck routes.

9.      Economic/Employment Considerations

The economic benefits are considered beneficial as the end products will be used in the local construction industry.  With the significant growth areas throughout Wyndham it is anticipated that the operation of a batching plant will provide a synergy to the existing operation that will flow onto the wider community. 

 

The proposed concrete batching plant will help facilitate major State infrastructure projects, including the Western Distributor and Outer Metropolitan Ring Roads, the Outer Suburban Aerial Road Program and the Western Interstate Freight Terminal, some of which are in Wyndham.

10.    Community Consultation

Exhibition will be undertaken in accordance with the requirements of the Planning and Environment Act 1987, including notices being sent directly to landowners and occupiers of adjoining and nearby land, as well as to relevant government agencies and referral authorities, and prescribed Ministers.  Notices will also be published in the Government Gazette, Wyndham’s website and local newspaper. 

 

Any submissions received will be considered by Council before making a decision on whether or not to adopt the Amendment.

 

 

 


Strategic & Town Planning

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: C162

 

 

Item No: 6.4.2

Director City Economy Innovation & Liveability - Kate Roffey

 

 

 

Planning Scheme Amendment C162 - Public Acquisition overlay for Tarneit & Sayers Road

 

Summary

Tarneit and Sayers Roads are key arterial roads within Wyndham’s road network which carry significant numbers of vehicles in and throughout Wyndham.  The volumes of traffic using Tarneit and Sayers Roads is expected to substantially increase as the urban areas to the north and west continue to grow.

 

Direct vehicle access to arterial roads is discouraged by State and local policy as well as various engineering and best-practice guidelines for road management.  Service roads and other alternative access arrangements are encouraged to limit the number of vehicle access points, ensuring a safe and more efficient road network. A section of land in Tarneit and Sayers Roads (specifically the east side of Tarneit Road between Hogans and Sayers Roads, and the south side of Sayers Road between Tarneit and Morris Roads), currently has direct vehicle access.  This is due to historical development patterns.

 

Given the large size of these lots and the existing significant setbacks of development, there exists currently an opportunity to protect the land reserve required to construct a service road.  Longer term, as traffic volumes grow on Tarneit and Sayers Roads, a service road will be required to improve access to these properties and to prevent future issues of congestion and road safety.

 

It is important that Council consider the long-term vision for how access will be managed to these properties and it is recommended that Council pursue a service road as the most appropriate method of providing safe and efficient access from the arterial.  While the service road is not necessarily required in the short term, management of access will become more important as the traffic volumes increase on these roads.  The ability to reduce the number of access points in the future will help relieve potential congestion issues and accidents. 

 

The land reservation required is currently available to Council given the larger lot sizes and setbacks.  However, there are currently no provisions in the Planning Scheme that prevent development from encroaching into this area.  Development on the lots, particularly in the front setback, could significantly prejudice the ability of Council to provide any service road in the future.  It is important that Council act now to protect the land from being developed.

 

It is recommended a Public Acquisition Overlay be applied to the land at the front of properties in the subject area of Tarneit and Sayers Roads, as a means of protecting this area for a future service road. It is critical that this overlay be implemented now as any approvals that allow for permanent construction in this area will make it increasingly difficult to make provision for a service road in the future. This consideration needs to be viewed in the context of the holistic future development of Wyndham’s entire road network needs rather than as a planning permission approval process for individual lots or clusters thereof.

 

The Public Acquisition Overlay would apply for a minimum distance of 12 metres, to accommodate the required road reserve width (including pavement, verge, footpaths and services).

 

This report recommends that Council allow for the provision of a critical service road for future needs along the specified area of Tarneit and Sayers Roads by protection of the required service road reservation through the application of a Public Acquisition Overlay.  It is also recommended that Council pursue an amendment to the Wyndham Planning Scheme to apply the Public Acquisition Overlay to this land.

 

 

Attachments

1.

Traffic Engineering Assessment 2014 (Amendment C204) - printed in separate document

2.

Clause 45.01 Public Acquisition Overlay - printed in separate document

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Economy Innovation & Liveability - Kate Roffey

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Urban Futures - Aaron Chiles

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Planning Policy & Projects Coordinator - Dee Gomes

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Need for service road

·        Public Acquisition Overlay

·        Planning scheme amendment process

 

 

RECOMMENDATION

 

That Council agrees to:

1.       Nominate land in the front of Tarneit and Sayers Roads (specifically the east side of Tarneit Road between Hogans and Sayers Roads, and the south side of Sayers Road between Tarneit and Morris Roads) to be protected for the purposes of a future service road through the use of a Public Acquisition Overlay.

 

2.       Seek authorisation from the Minister for Planning to prepare Amendment C162 to the Wyndham Planning Scheme to apply the overlay.

 

3.       Prepare and give notice of Amendment C162 in accordance with the requirements of the Planning and Environment Act 1987 and the Minister’s authorisation.

 

4.       Authorise the Director City Economy, Innovation and Liveability to make any subsequent changes to the amendment that are minor and do not impact on its intent, if required.

 

 

 

Cr Intaj Khan, having declared a conflict to the item, left the meeting at 8:19pm.

 

MOTION

 

CRS Josh Gilligan / Tony Hooper

 

That Council agrees to:

1.       Nominate land in the front of Tarneit and Sayers Roads (specifically the east side of Tarneit Road between Hogans and Sayers Roads, and the south side of Sayers Road between Tarneit and Morris Roads) to be protected for the purposes of a future service road through the use of a Public Acquisition Overlay.

 

2.       Seek authorisation from the Minister for Planning to prepare Amendment C162 to the Wyndham Planning Scheme to apply the overlay.

 

3.       Prepare and give notice of Amendment C162 in accordance with the requirements of the Planning and Environment Act 1987 and the Minister’s authorisation.

 

4.       Authorise the Director City Economy, Innovation and Liveability to make any subsequent changes to the amendment that are minor and do not impact on its intent, if required.

 

(CARRIED)

 

1.      Background

1.1     Strategic Justification

 

Tarneit and Sayers Roads as identified in Figure 1 are central to Wyndham’s arterial road network.  Congestion on these two roads has implications for the whole surrounding network as residents need to use these roads to get to and from major attractors such as Pacific Werribee and Werribee City Centre and efficiently move in and out of Wyndham.

 

The Wyndham 2040 vision recognises the communities’ concerns about increasing congestion on our road network and envisages a future transport system that is efficient and that efficiently moves people around in Wyndham.  Failure to secure the efficient and safe functioning of Tarneit and Sayers Roads through the implementation of service roads will undermine the efficiency, safety and capacity of these roads as set out in this report, leading to increased congestion on Wyndham’s road network.

 

Figure 1: Arterial Road Network

 

 


 

1.2     Subject area

 

The subject land affected by this proposal is the first 12 meters of the 116 properties that abut the east side of Tarneit Road (between Hogans and Sayers Roads) and the south side of Sayers Road (between Tarneit and Morris Roads) (see Figure 2: Locality Map).  More specifically, this comprises of:

·    33 properties on Tarneit Road - Nos. 551 to 689 Tarneit Road, Hoppers Crossing

·    83 properties on Sayers Road - Nos. 381 to 803 Sayers Road, Hoppers Crossing

 

 

 

Figure 2: Locality Map

 

The properties are predominantly large residential lots, average of 4,000 square metres per lot, and are typically developed with only a single dwelling on the site that is considerably setback from the road.  Single and double crossovers are evident, providing direct access for vehicles to and from the site. 

 

In amongst the residential properties are a range of non-residential uses that are being established, such as medical centres, places of worship and child care facilities.

 

The subject land once formed the outer limits of Wyndham’s urban area with rural land to the north and west, but over the past decade or more this land has been transformed into suburban residential development.  To the north and east the land is developed with smaller lot residential housing (most likely averaging 400 square metres in size).  These lots do not have direct access to either Tarneit or Sayers Roads and are only accessible from either a service road or an internal loop road.


 

Tarneit and Sayers Roads are nominated in the Wyndham Planning Scheme as a Road Zone, to identify their hierarchy and significance in the road network as major arterial roads.  In 2014, these roads were carrying in the order of 16,300 and 18,300vpd (vehicles per day), respectively.  As urban growth continues in the north and west, more vehicles are expected and the volumes are likely to be in the order of up to 29,000vpd and 30,000vpd respectively. 

 

Most land is zoned for residential purposes.  Within the subject area, Tarneit and part of Sayers Roads in the west are zoned General Residential Zone, while the remaining affected properties in Sayers Road are zoned Low Density Residential Zone (refer Figure 3: Zoning Map).

 

 

Figure 3: Zoning Map

 

1.3     Planning Applications

 

In the past 5 or so years, Council has received an increasing number of planning permit applications for the redevelopment of these residential properties into high density residential developments and other non-residential uses (refer Table 1: List of Planning Applications).

 

Applications for higher density residential development are confined to the General Residential Zoned area as the Low Density Residential Zone prohibits such development.  The Low Density Residential area has a large number of child care and medical centre proposals instead.  In 2015, when Council changed its policy to discourage high density development in the General Residential Zone, developers began to change their proposals from high density residential to non-residential uses instead.


 

Table 1: List of Planning Applications

 

Address

Proposal

Status

539 Tarneit Road

Child care centre

Approved

543 Tarneit Road

17 dwellings

Approved

551 Tarneit Road

13 dwellings

Approved

561 Tarneit Road

Medical centre

Pre-application advice

587 Tarneit Road

4 dwellings

Approved

591 Tarneit Road

17 dwellings

Permit expired

Child care centre

Current application

595 Tarneit Road

16 dwellings

Approved

617 Tarneit Road

26 dwellings

Refused

617 Tarneit Road

16 dwellings

Approved

689 Tarneit Road

16 dwellings

Refused

803 Sayers Road

Place of worship

Approved

755 Sayers Road

Child care centre

Approved

755 Sayers Road

Medical centre

Approved

693 Sayers Road

Child care centre

Approved

681 Sayers Road

Place of worship

Approved

Medical Centre

Approved

645 Sayers Road

Child care centre

Approved

639 Sayers Road

Medical centre

Approved

603 Sayers Road

Petrol station and convenience store

Withdrawn

599 Sayers Road

Medical centre

Approved

583 Sayers Road

Veterinary clinic

Approved

573 Sayers Road

Truck store

Refused

519 Sayers Road

Child care centre

Current application

483 Sayers Road

Child care centre

Approved

429 Sayers Road

Child care centre

Approved

405 Sayers Road

Place of assembly

Approved

387 Sayers Road

Child care centre

Approved

381 Sayers Road

Medical centre

Approved

 

1.4     Previous Planning Scheme Amendments

 

In 2012, Council received its first application for a high density residential development (26 dwellings) and planning officers became concerned about the cumulative impacts of this form of development should it continue throughout the entire precinct.  The concern was particularly in relation to how to manage vehicle access.

To put this into perspective, the precinct which runs along a 2.2 km stretch of road accommodates approximately 73 dwellings, if all lots developed to higher density housing this precinct could transform to some 1,241 dwellings accommodating 2,850 people (using an average of 17 dwellings per lot) and up to nearly 2,000 cars.

 

To try and strategically plan for this, Council developed guidelines for the redevelopment of the precinct which would allow high density development to be constructed subject to a service road being provided.  Planning Scheme Amendments C184, C185 and C204 to the Wyndham Planning Scheme were prepared to implement these guidelines.

 

·    The precinct was identified in Wyndham’s Neighbourhood Scoping Study 2012 and the subsequent Tarneit and Sayers Road Neighbourhood Character Investigation Report 2013 as requiring specific design controls and to make provision for a future service road.

 

·    In October 2013, Planning Scheme Amendment C184 was approved (without public consultation) and applied an interim Design and Development Overlay (Schedule 9) to the land requiring minimum building setbacks of 20 metres to ensure a future service road was not compromised.

 

·    Amendment C185 to the Wyndham Planning Scheme was prepared to apply the Design and Development Overlay permanently and Amendment C204 was prepared to apply a Development Contributions Plan Overlay to collect financial contributions from development towards the construction of a service road. 

 

·    The amendments were exhibited attracting 11 submissions which were referred to an Independent Panel for review. 

 

·    At the commencement of the Panel proceedings, 18 late submissions were received and Council decided to defer Panel proceedings to further exhibit the amendment in response to the late submissions.  A further 42 submissions were received.

 

·    Both Amendment C185 and C204 were subsequently abandoned by Council on 24 August 2015. Council adopted the Housing and Neighbourhood Character Strategy at the same Council meeting and through the adoption of the strategy reclassified the entire precinct from ‘Substantial Change’ to ‘Limited Incremental Change’ due to the current lack of service road or any planning framework to provide for this in the future.

 

·    The interim Design and Development Overlay Schedule 9 expired on 30 June 2016 and has since been removed from the Wyndham Planning Scheme.

 

1.5     Existing and proposed zones

 

Existing Zones

 

The land currently enjoys two different residential zones.

 

The purpose of the General Residential Zone which applies to 551-689 Tarneit Road and 727-803 Sayers Road, is to provide for a “diversity of housing types and moderate housing growth” as well as “community and a limited range of other non-residential uses to serve local community needs in appropriate locations”.  Permits may be sought for multi-unit residential development and a number of non-residential uses.

The purpose of the Low Density Residential Zone which applies to the remaining properties in 381-723 Sayers Road is to provide for “low-density residential development”.  Permits can only be sought for up to two dwellings on a lot and subdivision is limited to creating lots no smaller than 0.2 hectares (or 0.4 hectares where there is no reticulated sewerage).  Permits may be sought for a number of non-residential uses to be considered.

 

Tarneit and Sayers Roads are zoned Road Zone, which requires any proposal on adjoining land that creates or alters access or any proposed subdivision to seek approval from the road authority.  In the context of this proposal, Council is the road authority for Tarneit Road and Sayers Road (between Tarneit and Derrimut Roads) while VicRoads is responsible for Sayers Road (between Derrimut and Morris Roads).

 

Proposed Zones

 

The subject site is identified in the Housing and Neighbourhood Character Strategy as part ‘Limited Change’ and part ‘Limited Incremental Change’ area.  As part of the implementation of this Strategy, Council is proposing a Planning Scheme Amendment to rezone land and amend and update our policies on development in residential areas.

 

The subject land is proposed to be rezoned to a Neighbourhood Residential Zone which will limit the extent of residential development to no more than two dwellings and subdivision to a minimum area of 2,000 square metres per lot (or 4ha without reticulated sewer).

 

While the new zone will still allow for permits to be sought for non-residential uses, proposed amendments to the policies in the Planning Scheme will discourage non-residential uses from being approved in these areas.

 

The draft planning scheme controls that seek to implement the Strategy are currently out for public feedback until 17 March 2017. 

2.      Discussion

2.1     Need for a service road

 

It is best practice and the policy of both State and Local Governments to ensure that lots abutting arterial roads do not have direct access, to ensure that the roads can continue to operate safely and efficiently.

 

The Austroads Guide to Traffic Management: Road Management (which has been adopted by VicRoads as the accepted guidelines for traffic management) highlights the importance of limiting direct access.  It notes that in order for roads to be effective in serving a mobility function (i.e carrying traffic) there is a direct correlation between the number of access points (the less access points the higher mobility).  Similarly, the Wyndham Planning Scheme includes requirements for new developments to ensure there is no direct access provided onto arterial roads, as does the State Government’s Engineering Design Manual.  Service roads and loop roads are considered the best design options.

 

The lots in the subject area all currently have direct access to the road network through either one or two crossovers.  This is a historical anomaly given the land used to form the outermost edge of Wyndham’s urban areas.  As Wyndham’s urban areas expand, Council needs to consider how these roads might be affected long term by the gradual development of these precincts.

As discussed in Section 1.1 of this report, the traffic volumes of both Tarneit and Sayers Roads are expected to nearly double as growth to the north and west continue.  These roads play a key role in moving people in and out of Wyndham and to key attractors such as Pacific Werribee (Werribee Plaza) and the Werribee City Centre, as well as access to the Freeway.  Refer to Attachment 1: Traffic Engineering Assessment (Amendment C204) which was prepared by Ratio and supports Council’s position that a service road was required.

 

Vehicle movements generated by abutting properties can create potential safety issues and interruptions to traffic flow.  On arterial roads, which carry higher volumes of traffic and at greater speeds, traffic efficiency is of greater importance and interruptions to traffic flow (through vehicles stopping to enter properties) cause greater risks of crashes and inefficiencies.

 

It is important that Council consider the long-term vision for how access will be managed to these properties and it is recommended that Council pursue a service road as the most appropriate method of providing safe and efficient access from the arterial.  While the service road is not necessarily required in the short term, management of access will become more important as the traffic volumes increase on these roads.  The ability to reduce the number of access points in the future will help relieve potential congestion issues and accidents. 

 

The land is currently available to Council given the larger lot sizes and setbacks.  However, there are currently no provisions in the Planning Scheme that prevent development from encroaching into this area.  Development on the lots, particularly in the front setback, could significantly prejudice the ability of Council to provide any service road in the future.  It is important that Council act now to protect the land from being developed.

 

2.2     Public Acquisition Overlay

 

The Public Acquisition Overlay is a planning tool available to Council to identify land for a future public purpose (refer Attachment 2: Clause 45.01 Public Acquisition Overlay).  It is recommended that this overlay be applied to the land at the front of properties in the subject area of Tarneit and Sayers Roads, as a means of identifying it for a future service road.

 

The purpose of the overlay is to identify the land and to ensure that any changes to use or development does not prejudice the purpose for which the land is to be acquired.  It achieves this by requiring a planning permit to be obtained for use or development on the land, including demolition, subdivision and the removal of vegetation.  The permit application must then be referred to the relevant acquiring authority for review, and in deciding whether to grant a permit Council must consider the effect the proposal has on the future acquisition of the land.

 

The overlay does not prohibit development entirely, but it allows Council to consider whether the proposal has a long-term impact on the construction of a service road.  Development may even be approved in the area, but with conditions that it be removed when the service road is required.

 

There are many Public Acquisition Overlays (PAOs) that currently exist in the Wyndham Planning Scheme reserving land for a future public purpose including for roads (PAO1), open space (PAO3) and other municipal purposes (PAO4) for which Wyndham City Council is the acquiring authority. 

 

The Public Acquisition Overlay would apply for a minimum distance of 12 metres, to accommodate the required road reserve width (including pavement, verge, footpaths and services).

As part of the previous Planning Scheme Amendments C185 and C204, concept plans for the service road, traffic reports and valuations/costings were prepared.  These will be updated to reflect the full subject area and the current conditions.

 

It is important to note that the Public Acquisition Overlay only identifies and protects the land for future public purposes, and it does not force Council to acquire the land immediately or construct the road.  Land acquisition and construction can be undertaken in the future, as required and in stages. 

 

The Public Acquisition Overlay can only be applied by amending the Wyndham Planning Scheme, it is recommended that Council prepare the amendment as per the requirements of the Planning and Environment Act 1987.

 

2.3     Planning Scheme Amendment Process

 

Should Council agree to pursue the proposed Public Acquisition Overlay, an amendment to the Wyndham Planning Scheme must be undertaken in accordance with the requirements of the Planning and Environment Act 1987.  The Planning Scheme Amendment process will generally involve the following steps:

 

·    Authorisation must first be sought from the Minister for Planning to prepare the amendment.

 

·    Notice of the amendment (exhibition) will then be given in accordance with the requirements of the Act and the Minister’s authorisation, usually:

To all landowners and occupiers affected by the Amendment;

To any Minister, public authority, government agency or municipality with an interest;

As a notice in the local newspapers; and

As a notice in the Government Gazette.

 

·    The amendment will be exhibited for a minimum of one month.  Council will then be required to consider any submissions and make a decision on whether or not to proceed with the amendment.

 

·    If Council decides to proceed with the amendment, any submissions that cannot be resolved must be referred to an independent Planning Panel for review.

 

·    If required, the Panel will review the amendment and all submissions and make recommendations to Council on how to proceed with the amendment.

 

·    Council must then consider Panel’s recommendations and then decide whether or not to adopt the amendment. 

 

·    Once adopted, the amendment will be submitted to the Minister for approval and inclusion within the Planning Scheme.

3.      City Plan

2.2  City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

4.      Wyndham 2040 Vision

Places and Spaces


Wyndham 2040’s vision is for Wyndham’s transport system to be efficient, so that people can move around Wyndham easily.  This vision is in recognition of the communities’ strong desire to see improved transport features, necessary given the higher levels of motor vehicle ownership in Wyndham combined with the ever increasing population.  This proposed amendment will ensure that protects future interests in the land that may be required for a service road.  Without this, ongoing development proposals could forever prejudice the ability of Council to ever provide the necessary infrastructure.

5.      Council Policy

The Wyndham Planning Scheme contains the following relevant policies:

 

·    State Policy on Integrated Transport at Clause 18.01-1 seeks to create a safe and sustainable transport system by integrating land use and transport, in particular planning urban development to ensure access is provided to development that seeks to minimise adverse impacts on existing transport networks. 

 

·    Clause 18.01-2 also requires that Council plans or regulates new uses and development on land near existing transport routes to avoid detriment to, and where possible enhance, the service, safety and amenity desirable for transport routes in the short and long terms.

 

·    Policy concerning the management of road systems at Clause 18.02-4 seeks to manage the road system to achieve integration, choice and balance by developing an efficient and safe network and making the most of existing infrastructure.  A key strategy being to selectively expand and upgrade the road network to provide for improved cross-town arterial links in the outer suburbs.

 

·    In the Local policy section, Clause 21.01-3 highlights key planning issues that Council needs to address in its land use planning as the impacts of population increases on all forms of infrastructure and services, as well as road and rail transport systems which will face increasing demand.

 

·    Clause 21.09 relating to transport notes Wyndham’s reliance on cars for transport and the need to ensure that transport infrastructure is improved and upgraded to meet existing and future population.  A key strategy for Council is to ensure all new development is provided with safe and efficient vehicular access (Strategy 1.5).

 

·    State-wide provisions for subdivision at Clause 56.06-8 (Lot access objective) requires in Standard C21 that vehicle access to lots abutting arterial roads be provided from service roads, side or rear access lanes, access planes or access streets.

 

The proposed Public Acquisition Overlay is necessary to reserve the land for a future service road which will likely be required as the demands on this arterial road increase.  The service road, which will remove existing direct access arrangements, will provide a safe and more efficient road network which is a key objective of transport policies for planning in Wyndham as outlined above.


 

Wyndham Housing and Neighbourhood Character Strategy 2015

 

The Strategy, which seeks to direct housing growth into the most appropriate areas in Wyndham and protect those areas that are constrained from development notes that the area in Tarneit and Sayers Road is constrained due to the lack of infrastructure, in particular a service road which is required to manage access. 

 

The proposed Public Acquisition Overlay also identifies that this infrastructure is lacking, and provides a mechanism to secure the land for future development of a service road so that any future uses or development do not compromise the ability to provide this in the long term.

6.      Financial Implications

Council will be required to pay the costs associated with the Planning Scheme Amendment including the costs of giving notice of the amendment in the Government Gazette and newspapers, the costs of any panel convened to consider submissions, and fees payable to the Department of Environment, Land, Water and Planning should the amendment ultimately be submitted for approval.  Other costs incurred to Council may include the preparation of expert reports supporting the amendment, such as an amended traffic report.

 

The application of a Public Acquisition Overlay highlights Council’s desire to secure land for a potential future service road.  The overlay itself does not require Council to either acquire the land or construct the service road in the short term, and therefore the costs associated with land acquisition and construction are not an immediate consideration and will be subject to future long term budget considerations.

 

Should Council refuse a proposal because of the Public Acquisition Overlay it may trigger a compensation process, whereby Council may be required to compensate the landowner for the land acquisition.  This process is extremely unlikely to occur given the substantial size of the allotments which provide significant scope for proposed use or developments to be designed around the overlay, refusing a permit on the grounds of prejudicing future public land use is therefore unlikely to occur. 

7.      Social Implications

The proposed Planning Scheme Amendment is unlikely to have any negative social implications, however there are benefits derived from the provision of future service road infrastructure in particular a safe and more efficient road network which moves people more easily around the municipality.  There are social and health benefits of reduced commuting times.

8.      Environmental Implications

The proposed Public Acquisition Overlay will have some minor environmental implications through the future provision of service road infrastructure that increases hard surface and paving areas.  These impacts are potentially offset by improved road capacity and efficiencies as well landscaping abilities on the adjoining private land.

9.      Economic/Employment Considerations

Improvements to the arterial road network and moving people more effectively through the municipality can have positive economic effects, making the municipality more efficient.  

10.    Community Consultation

The Planning and Environment Act 1987 requires Council to provide notice of an amendment to the owners and occupants of land directly affected by the amendment as well as any public authority, municipal council or Minister materially affected.  Notices must also be published in the Government Gazette and the local newspaper, and Council will also provide details of the amendment on its website.  Consultation will be undertaken for a period of one month. 

 

Council is required to consider all submission made before the end date set out in the notices.  Late submissions may be considered at Council’s discretion.  At this time, Council may decide to make changes as a result of submissions, abandon the amendment or continue to support it unchanged.  

 

Any unresolved submissions must be referred to an independent panel, who will consider the submissions and make recommendations to Council on how to proceed with the amendment. 

 

 

 


Strategic & Town Planning

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: WYP8628/15

 

 

Item No: 6.4.3

Director City Operations - Stephen Thorpe

 

 

 

Planning Permit Application - 180-198 Rothwell Road, Little River - Restrospective planning permission for the existing greenhouse, existing rainwater tanks and two existing rural stores (sheds); buildings and works associated with new additional rainwater tanks.

 

Summary

Council has received a planning permit application for the retrospective approval for an existing greenhouse, five (5) rainwater tanks and two (2) rural stores (sheds), as well as buildings and works associated with six (6) new additional rainwater tanks.

 

The application was advertised and 39 objections were received.

 

Following a detailed review of the proposal against the Wyndham Planning Scheme, and consideration of objections, it is recommended that Council approve the application. 

 

 

Attachments

1.

Application Drawings

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Operations – Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Planning & Building - Peter Van Til

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Senior Planner - Denise Greaney

In providing this advice as the Author, I have no disclosable interests in this report.

 

Key Issues

·        Green Wedge Zone

·        Impact on Little River Waterway

·        Visual Impact

·        Amenity impact on surrounding rural residential properties

·        Letters of objection


 

 

 

RECOMMENDATION

 

That Council issue a Notice of Decision to Grant a permit for the existing greenhouse, existing rainwater tanks and two existing rural stores (shed); building and works associated with six (6) additional rainwater tanks at 180-189 Rothwell Road, Little River subject to the following conditions:

Amended Plans

1.   Within 30 days of the issue of a permit one electronic copy (emailed to mail@wyndham.vic.gov.au) of a site layout plan and elevations drawn to scale and with dimensions is submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit.  Such plans must be generally in accordance with plans dated May 2016 but modified to show:

(a)   A landscaping buffer indicated on the site plan with a width of at least 3 metres along the rear and side boundaries (excluding the side property boundary abutting McLeans Road) of the site.  The landscaping buffer may reduce to 1 metre between the existing storage shed, the existing water tanks and the side and rear property boundaries.

No Alteration Layout

2.   The development and/or use(s) permitted by this permit 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.

 

Landscape condition

3.   Within 30 days of the issue of a permit, one electronic copy (emailed to mail@wyndham.vic.gov.au) of a landscaping plan prepared by a suitably qualified person must be submitted and approved to the satisfaction of the Responsible Authority. Consideration should be given to the use of indigenous plants.  All landscape plantings and treatments need to be suitable for the specific climatic and soil conditions of Wyndham. Consideration is to be given to Council’s Landscape Guidelines for Residential Developments, available at Council’s Town Planning webpage.

 

The landscape plan will show the following:

(a)       An outline of buildings. No floor plans are to be shown on the landscape plan, however the dimensions of the outline are to be informed by the approved site plan.

(b)       Clearly drafted at a scale of 1:100 or similar with a north point and legend

(c)       Clear graphics to indicate trees (deciduous or evergreen), shrubs, ground covers, grass etc.

(d)       Botanical and common name, pot size, quantity, planting density and size at maturity of all plantings.

(e)       Notated planting specification drawings.

(f)        Location and depth of all surface treatments with materials and colours notated.

(g)       Outline of all built features including buildings, fences, letterboxes, clotheslines, storage, water tanks and utility structures etc. These structures are to be informed by the site plan.

(h)       All water tanks must have a minimum 0.5m clearance free of obstruction when located in a through access way.

(i)        Mark all crossovers.

(j)        Any vegetation or structures within the nature strip.

Please note that any foundations of built structures, including any concrete areas such as paths/driveways, must be protected with appropriate tree root/moisture barriers to ensure the integrity of the foundations are not compromised.

 

Landscape completed & Maintenance

4.   Within 60 days of the landscape plans referred to in Condition 3 being endorsed the landscape area(s) shown on the endorsed plan(s) must be planted and maintained to the satisfaction of the Responsible Authority and once landscaped must not be used for any other purpose except with the prior written consent of the Responsible Authority.

 

General Amenity Development

5.   The development and the appearance of the subject land permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality.

The following conditions are requested by the Environmental Health Department

6.   Agricultural chemicals must not be dispersed through the irrigation system unless specifically permitted by the manufacture or supplier of the chemical.

 

7.   All agricultural chemicals must be applied according to the requirements of the Occupational Health and Safety Act, the Environment Protection Act, the Dangerous   Goods Act, and their respective regulations.

 

8.   All irrigation waters and spray drift must be contained within the boundaries of the property.

 

9.   The Greenhouse is not to be fitted with any wastewater generating devices eg toilets, basins, showers etc, without the approval of Council's Environmental Health Unit.

 

10. Waste collection times are to be restricted to; 7.00am - 8.00pm Monday to Saturday and 9.00am - 8.00pm Sunday and Public Holidays in accordance with the EPA Noise Control Guidelines Publication 1254, October 2008.

 

11. Air conditioning unit/s are to be suitably located as not to cause a nuisance to neighbours as defined by the Public Health and Wellbeing Act 2008.

 

12. Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

 

13. Mechanical ventilation systems are to be suitably located so they do not cause a nuisance under the provisions of the Public Health and Wellbeing Act 2008.

 

14. Delivery times must be restricted to 7.00am - 10.00pm Monday to Saturday and 9.00am - 10.00pm Sunday and Public Holidays in accordance with the EPA Noise Control Guidelines Publication 1254, October 2008.

 

15. Noise must be adequately controlled. Premises must consider the Environmental Protection Act 1970, State Environmental Protection Policy (Control of Noise from         Commerce, Industry and Trade) No. N-1 and the Public Health and Wellbeing Act 2008.

 

Pollution or sediment laden runoff

16. Pollution or sediment laden runoff shall not be discharged directly or indirectly into any drains or watercourse except with the written consent of the Responsible Authority.

 

Amenity Impacts

17. Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours as defined by the Public Health and Wellbeing Act 2008.

 

Expiry of Permit

18. This permit will expire if one of the following circumstances applies;

(a)    The development  is not started within two (2) years of the date of this permit;

(b)    The development is not completed within four (4) years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply:

(a)    before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started; or

(b)    within 12 months after the permit expiry date, where the proposal allowed by the permit has lawfully started before the permit expires.

 

Expiry of Permit

FOOTNOTE: In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted and if a new permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, the planning scheme or policy.

 

Road Opening / Crossovers

FOOTNOTE: Any new or modified crossovers require separate approval from Council's Roads Development Section. Town Planning stamped approved plans must be presented when applying for Road Opening Permits. The location, design and construction of the vehicle crossing(s) is to be in accordance with Council’s standard drawings - see http://www.wyndham.vic.gov.au/building_planning/engineering/crossoverpermits.

Any services or infrastructure, including any services within 1.0m (eg. light pole) and street trees within 3.0m of the proposed crossover will require relocation and/or compensation (note: trees will not survive replanting so compensation is required) payable at the permit holder’s cost and to the satisfaction of the Council.

 

Building Approval

FOOTNOTE: This permit is issued pursuant to the provisions of the Wyndham Planning Scheme and does not relieve the permit holder of the necessity to obtain a building permit pursuant to the Building Act 1993 prior to commencement of any construction or works on any part of the site.

 

Environmental Health

FOOTNOTE: The Greenhouse is not to be fitted with any wastewater generating devices eg toilets, basins, showers etc, without the approval of Council's Environmental Health Unit.

 

 

 

 

Cr Intaj Khan returned to the meeting at 8:26pm.

 

 

 


 

An alternative to the Recommendation was put forward which become the following Motion:

 

MOTION

 

CRS Peter Maynard / Tony Hooper

 

That Council refuse the retrospective permit on the following grounds:

1.    The proposal is inconsistent with the purpose of Clause 35.04 of the Wyndham Planning Scheme (Green Wedge Zone) as the development compromises the open rural and scenic landscapes adjacent to the Little River waterway;

 

2.    The proposal is inconsistent with the decision guidelines of Clause 35.04-6 of the Wyndham Planning Scheme (Green Wedge Zone) as the scale and citing of the development is considered to adversely impact on the character, appearance and natural scenic beauty of the area;

 

3.    The proposal is inconsistent with the objectives and strategies of Clause 11.04-07 of the State Planning Policy Framework (Green Wedges) which seek to protect the green wedges of Metropolitan Melbourne from inappropriate development and protect landscape and scenic values; and

 

4.    The proposal is inconsistent with the objectives and strategies of Clause 12.04-02 of the State Planning Policy Framework (Landscapes) which seek to protect landscapes that contribute to character and identify and to ensure that natural key features are protected and enhanced.

(CARRIED)

 

1.      Background

Introduction

The applicant seeks the retrospective approval for an existing greenhouse, five (5) existing rainwater tanks and two (2) existing rural stores (sheds), buildings and works associated with six (6) new additional rainwater tanks at 180-189 Rothwell Road, Little River.

 

Subject site

The site is located on the south side of Rothwell Road, Little River and has an area of 2.59 hectares.  The site is located on the south-west corner of the intersection of Rothwell Road and McLeans Road. 

 

Surrounding the site is a mix of agricultural land and rural-residential development.  The Little River waterway is located south of the site.

 

The site is currently being used for the purpose of ‘horticulture’ (the growing or orchids).  Current development on the site includes a dwelling, associated outbuilding, a farm shed, a shade shed (clad in shadecloth), a large greenhouse and water tanks.

 

A centrally located crossover and gravel accessway provides vehicular access to and within the site.

 

A second greenhouse is currently under construction within the front section of the site.

 

An aerial view of the site is shown in the photo below: 


Planning Process

·    Application WYP8628/15 was received by Council on the 19th August 2015 to construct two (2) additional greenhouses at the property.

·    At the time of submission of the permit application, one (1) greenhouse existed on the site and two (2) sheds.  The existing greenhouse is used for horticulture, specifically, for the cultivation of orchids on a commercial basis. 

·    The permit application for the additional two (2) greenhouses was advertised in September/October 2015.  33 objections were received.

·    The applicant subsequently amended their application and reduced the number of proposed greenhouses from two to one.  The siting of the proposed greenhouse was amended – further away from the site boundaries to meet the setback provisions that trigger a planning permit under the Green Wedge Zone.  In other words, a planning permit is not required for the proposed greenhouses.

·    During the process of assessing the planning application, Council officers became aware that retrospective planning approval is required for the existing greenhouse and the two (2) sheds as these structures are located within 100 metres from the Little River waterway and therefore trigger a planning permit for buildings and works under Clause 35.04-5 of the Green Wedge Zone.

·    On the 20th May 2016, the applicant submitted an amended planning application for retrospective approval for the existing greenhouse, existing five (5) rainwater tanks and two (2) existing rural stores (sheds); building and works associated with six (6) new additional rainwater tanks.

·    The Council re-advertised the planning permit application in June 2016 and six (6) objections were received.

 

2.      Discussion

Proposal

The application seeks planning permit approval for the following:

 

·    Existing greenhouse

Floor area of 3098 metres

Wall height of 3.45 metres

Overall height of 4.7 metres

Constructed of galvanised steel frame and wrapped in film plastic, clear plastic on the roof and white coloured plastic on the side

 

·    Existing sheds (x2)

Blue barn – Floor area of approximately 140 metres

Overall height of 3.6 metres

Constructed of metal and finished in a dark blue colour

Storage shed – Floor area of approximately 198 square metres

Overall height of 4.8 metres

Constructed of galvanised steel frame and clad in a dark grey shad cloth

 

·    Rainwater Tanks

A total of 11 rainwater tanks on site.  Five (5) of the rainwater tanks are existing.

The capacity of the rainwater tanks varies between 10,000 litres and 436,000 litres.

The rainwater tanks vary in height between 1.6 metre and 3.6 metres. The maximum diameter of the rainwater tank is 12.5 metres.

The rainwater tanks are designed to store rainwater and river water in the rainwater tanks.  The applicant has stated that they have licence to access water from Little River.

 

Planning Controls

The site is within the Green Wedge Zone.  No overlays apply to the land.

 

The permit triggers are as follows:

·    Clause 35.04-5 a permit is required for building and works within 100 metres of a waterway.

·    Clause 35.04-5 a permit is required to construct a rainwater tank.

 

The existing greenhouse and sheds are setback approximately 45 metres from the Little River waterway and therefore a planning permit is required for buildings and works.

 

The use of the land for ‘agriculture’ which includes ‘horticulture’ does not trigger a planning permit because it is allowed ‘as-of-right’ in the Green Wedge Zone.

 

Referrals

 

There were no external statutory referrals required as part of the application however a non-statutory referral was sent to Melbourne Water, who responded stating no objection to the application.

 

The application was referred to a number of internal Council departments for comment.  Details of the responses are summarised below: 

 

·    Engineering Traffic

Further clarification regarding if customers would be expected on site, number of car parking spaces and size and frequency of trucks expected on site;

Measures to be put in place to ensure no loose material from the site is carted onto the road network.

Conditions requested relating to vehicles access, loading and unloading and car parking spaces.

 

·    Environment Health

Conditions requested relating to agricultural chemicals, irrigation waters, waste collection and delivery times, waste water, noise and dust. 

 

·    Building Department

A building surveyor is required to certify all structures except rainwater tanks.

 

Planning Officer Comment

·    The conditions required by Environment Health can be included on a planning permit. 

·    A note can be included on a planning permit required the permit holder to obtain the a building permit for the structures.

·    The site plan submitted indicates 10 car parking spaces and a loading bay area which is considered satisfactory.  

 

Planning Policy

 

State Planning Policy Framework (SPPF)

 

The following clauses of the SPPF are relevant to the consideration of this application:

 

Clause 11.04-7 (Green wedges) seeks to provide the green wedges of Metropolitan Melbourne from inappropriate development.

 

Clause 12.04-2 (Landscapes) seeks to protect landscapes and significant open spaces that contribute to character, identity and sustainable environments.

 

Clause 12.05-1 (River corridors) seeks to protect and enhance the significant river corridors of metropolitan Melbourne.

 

Clause 14.01-1 (Protection of agricultural land) seeks to protect productive farmland which is of strategic significance in the local or regional context.

 

Local Planning Policy Framework (LLPF)

 

The following clauses of the LPPF are relevant to the consideration of this application:

 

Clause 21.03-1 (Biodiversity) seeks to improve the environmental health and protection of waterways and coastlines (Objective 2) and seeks to safeguard the visual, natural and cultural heritage values of urban and rural landscapes (Objective 3).

 

Clause 21.05-1 (Agriculture) seeks to preserve the agricultural areas of the municipality (Objective 1).

 

Clause 21.05-2 (Waterways) seeks to protect waterways, aquatic areas, floodplains, wetlands, swamps and catchments (Objective 3) and to protect riparian land, vegetation communities, waterway valleys and escarpments (Objective 4).

 

Clause 21.08-1 (Economic Growth) seeks to facilitate new development and employment opportunities in Wyndham.

 

Clause 21.11-1 (Little River)  - Little River is partly located within the municipalities of Wyndham and Greater Geelong. Little River township provides a basic level of services to residents. The vision is for limited consolidation of development in the Little River area may be justified, subject to resolution of airport noise, infrastructure constraints and development of a township plan. 

 

With regards to settlement this Clause seeks to restrain development in Little River township and environs based upon significant existing constraints and retention of existing rural village character.

 

Clause 21.11-5 (Werribee South and Western Plains South Green Wedges) – The vision is for the sustainable management of Wyndham’s green wedges. The following is relevant to the application

·    Protect Wyndham’s Green Wedges from inappropriate development and urban intrusion.

·    Create physical buffers or follow natural or planned barriers to ensure protection.

·    Protect and enhance sites of environmental significance on public and private land within the Green Wedges.

·    Encourage farming and other compatible rural activities in areas beyond the UGB.

 

Planning Officer Response

 

Following a detailed assessment of the application against the relevant State and Local Planning Policy Framework, it is considered that the application is consistent with the relevant clauses.

 

The existing greenhouse is setback approximately 90 metres from the bank of the Little River waterway and approximately 45 metres from the flood plain extent.  The blue barn and storage shed are both setback approximately 70 metres from the bank of Little River waterway and approximately 30 metres from the flood plain.  The siting of these structures is considered appropriate and does not compromise the landscape character along the river corridor. 

 

Further, the existing greenhouse, blue barn, storage shed and the rainwater tanks are sufficiently setback from the property boundary to allow for landscaping around the perimeter which will reduce the visual impact of the structure when viewed from the Little River waterway and neighbouring properties. 

 

Overall, it is considered that the application implements the State and Local Planning Policy Framework.

 

Zoning

 

Clause 35.04 -  Green Wedge Zone

The subject site is located within the Green Wedge Zone. The purpose of the Green Wedge  Zone is:

 

·      To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·      To provide for the use of land for agriculture.

·      To recognise, protect and conserve green wedge land for its agricultural, environmental, historic, landscape, recreational and tourism opportunities, and mineral and stone resources.

·      To encourage use and development that is consistent with sustainable land management practices.

·      To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses.

·      To protect, conserve and enhance the cultural heritage significance and the character of open rural and scenic non-urban landscapes.

·      To protect and enhance the biodiversity of the area.

 

Planning Officer Response

 

It is considered that the application adequately addresses the purpose of the Green Wedge Zone and is an appropriate outcome for the site.

 

In particular, the greenhouse, existing sheds and the existing and proposed water tanks are considered to be an adequate distance from the Little River waterway and are of no concern to the natural landscape of the waterway.  A landscaping condition along the perimeter of the site will protect Little River from any potential visual impacts.  

 

The greenhouse and shed structures are of a low profile, being around 4.7-4.88 metres in height and which is considered to be reasonable in a rural/farming environment where a wide range of building types and scales can exist.  Further to this the rainwater tanks vary in height between 1.6 metres and 3.6 metres are considered to be appropriate within the landscape context of the site.

 

Clause 35.04-8 requires the responsible authority to consider the following decision guidelines before decided on an application:

 

Decision Guidelines

General

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

As detailed earlier in this report, the proposed development adequately responds to the State and Local Planning Policy.

Any Regional Catchment Strategy and associated plan applying to the land.

Not relevant to this application.

The capability of the land to accommodate the proposed use or development.

The land is capable of accommodating the greenhouse, sheds and water tanks.

How the use or development relates to rural land use, rural diversification, natural resource management, natural or cultural heritage management, recreation or tourism.

The structures on site relate to the rural use of the land for ‘horticulture’ which is an ‘as-of-right use’ in the Green Wedge Zone.

Whether the site is suitable for the use or development and the compatibility of the proposal with adjoining land uses.

The land surrounding the site is within the Green Wedge Zone and contains a mixture of agricultural uses and rural-residential dwellings.  The buildings and works are considered to be appropriate within an agricultural context where a range of building types and size can exist.

Whether the use or development is essential to the health, safety or well-being of the State or area but is not appropriate to locate in an urban area because of the effect it may have on existing or proposed urban areas or the effect that existing or proposed urban areas may have on the proposed use or development.

Not relevant

The need to minimise adverse impacts on the character and appearance of the area or features of architectural, scientific or cultural heritage significance, or of natural scenic beauty.

To minimise the visual impact of the structures on the Little River waterway and adjoining properties, a condition of a permit will require landscaping around the perimeter of the site.

Environmental Issues

 

The impact of the use or development on the flora and fauna on the site and its surrounds.

It is considered that there is no impact to flora and fauna on the site and surrounds.

The need to protect and enhance the biodiversity of the area, including the retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area.

Landscaping will be required on site to minimise the visual impact of the structures from the Little River Water and surrounds.

 

 

How the use or development relates to sustainable land management and the need to prepare an integrated land management plan.

Not relevant

The location of on site effluent disposal areas to minimise impact of nutrient loads on waterways and native vegetation.

A condition can be included on the permit to prevent any discharge from the greenhouse and associated structures into the waterway.

Design and siting issues

The need to minimise any adverse impacts of siting, design, height, bulk, and colours

and materials to be used, on landscape features, major roads and vistas.

The structures are considered to be low-profile and will not have an adverse impact on the rural landscape and the Little River waterway. 

The location and design of existing and proposed infrastructure services which

minimises the visual impact on the landscape.

Not relevant

The need to minimise adverse impacts on the character and appearance of the area or features of archaeological, historic or scientific significance or of natural scenic beauty or importance.

To minimise the visual impact on the character and appearance of the Little River waterway, a landscaping buffer around the perimeter of the site is required.

 

Overall, it is considered that the existing greenhouse, sheds (2), existing and proposed rainwater tanks appropriately respond to the decision guidelines and are suitable within the rural context of the site.

 

General Provisions

 

Clause 65 – Decision Guidelines

 

Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate:

·    The matters set out in Section 60 of the Act;

·    The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

·    The purpose of the zone, overlay and other provision;

·    Any matter required to be considered in the zone, overlay or other provision;

·    The orderly planning of the area;

·    The effect on the amenity of the area;

·    The proximity of the land to any public land;

·    Factors likely to cause or contribute to land degradation, salinity or reduce water quality;

·    Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site;

·    The extent and character of native vegetation and the likelihood of its destruction;

·    Whether native vegetation is to be or can be protected, planted or allowed to regenerate;

·    The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimize any such hazard.

The decision guidelines relevant to the approval of this application have been considered as required by Clause 65 and the application maintains general compliance with the majority of the guidelines.

 

3.      City Plan  

1.5  Economic prosperity - To grow business investment, skills development and employment opportunities in Wyndham.

 

4.      Financial Implications

There are no anticipated financial implications for Council from the application.

 

5.      Social Implications

There are no anticipated social implications for Council from the application.

 

6.      Environmental Implications

The proposal may have visual impacts on the Little River waterway, however this mitigated by providing landscaping around the perimeter of the site. A drainage condition can be included on a planning permit to prevent an increase in nutrient levels into the Little River waterway.

 

7.      Economic/Employment Considerations

The greenhouse provides for some employment in agriculture.

 

8.      Community Consultation

Notice was provided of the application by way of letters to adjoining owners and occupiers and a signs on site for a minimum of 14 days. 

 

The permit application for the two additional (2) additional greenhouses was advertised in September/October 2015.  33 objections were received.

 

On the 20th May 2016, the application submitted an amended planning permit application for retrospective approval for the existing greenhouse, existing five (5) rainwater tanks and two (2) existing rural stores (sheds); buildings and works associated with six (6) new additional rainwater tanks.

 

The Council re-advertised the planning permit application in June 2016 and a further six (6) objections were received.

 

The application was presented at the Town Planning Forum on 5th December 2016 where submissions from Council, the applicant and objectors were heard in front of Councillors.  No decision or recommendation was made at the Planning Forum; however the meeting provided the applicant to explain the application and provided the objectors an opportunity to express their concerns in front of Council.

 

The representations reflected the submissions received during the community consultation process.

 

A summary of the reasons for the objections are detailed in the table below:

 

Summary of Objection Topics

Officer Response

Character

·    Scale, bulk and proportion out of character with surrounding residential uses and rural area

·    Reflective materials not appropriate

·    Loss of character and open rural landscape

·    Building dominates the streetscape and rural landscape

·    Loss of views and the natural beauty of the area is destroyed.

·    Development is at odds with the township feel of Little River

The site and surrounds are in a Green Wedge Zone.  In agricultural areas, the type of structures can vary from dwellings and garages to large hay sheds and very large buildings use for intensive animal production.  The location of the existing greenhouse and associated structures and rainwater tanks are considered to be low-profile and appropriately setback from the Little River waterway and nearby dwellings.

 

Use

·    Intensive use and not appropriate in a rural environment

·    Commercial and industrial in nature

·    Loss of amenity on surrounding residents and township.

·    Loss of privacy

·    Impact on quality of life

The use of the land for the purpose of horticulture is an as-of-right use in a Green Wedge Zone.

 

Concerns regarding ‘use’ are not relevant to this planning application.

Noise, air and odour pollution

·    Noise and odour impacts emitted from greenhouse impacting on residential amenity.

·    Excessive noise (humming) from air-conditioners

·    Noise from reversing beepers on trucks

·    Noise from fork lifts trucks

Noise and air is managed under other regulations including the Environmental Protection Act 1970, State Environmental Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 and the Public Health and Wellbeing Act 2008.

 

If the proposal is submitted conditions can be placed on the permit required noise and air.

Light Pollution

·    Increase in light pollution

The applicant has stated that the greenhouse is not internally or externally illuminated

Location of Rainwater Tanks

·    Existing water tanks have potential to cause flooding into neighbouring property.

A condition can be included on the permit which restricts any off-site overflow. 

Chemical Pollution

·    Potential for chemical pollution to the environment and adjoining properties.

The applicant has advised that there are no chemicals on site other than weed killer, fertilizer and diesel fuel.  No pesticides are required or used for the horticultural operations.

 

Notwithstanding this, all agricultural chemicals must be applied according to the requirements of the Occupational Health and Safety Act, the Environment Protection Act, the Dangerous Goods Act, and their respective regulations. This matter can be addressed as a condition on the permit.

Impacts on waterway

·    Effluent run-off into waterway

A condition can be included on the permit to prevent any effluent entering the waterway.

Loss of native vegetation

The applicant has not submitted an application to remove native vegetation.

Traffic and car parking

·    Increase in traffic

·    Safety concern with additional trucks and vehicles along Rothwell Road

·    Dust on roads as a result of increased traffic

·    Location of car park near neighbouring dwelling

This application is for buildings and works only, as the use is as-of-right in the Green Wedge Zone. Matters associated with traffic and car parking cannot be considered under this application.

Use of existing dwelling as an office

The applicant has confirmed that the dwelling is used as a ‘residence’ and also contains a farm office.

Cultural Heritage

·    Impacts on cultural heritage

·    Destruction of Aboriginal native land

The applicant has submitted a declaration stating that a Cultural Heritage Management Plan is not required for the buildings and works.

Fire concern

·    Little River is a high-risk area

Noted

Flood and Inundation

·    The site is located on the river plain and the impact of a flood must result in the leaching of chemicals into the watercourse.

The application was referred to Melbourne Water and no concern was raised to the application

 

Property devaluation

VCAT has typically found that this is not a material planning consideration.

 

 

9.      Conclusion

The application has been considered in the context of the applicable planning policy and controls applying to the site and adopted Council planning policy.  The proposal is considered to accord with the purpose of the Green Wedge Zone which seeks to provide of the use of land for agriculture, whilst protecting and conserving the character of the open rural and scenic non-urban landscape. 

The setback of the existing greenhouses, sheds and rainwater tanks are considered to be acceptable subject to landscaping buffer being provide along the side and rear boundaries of the site.

It is recommended that the application is approved subject to conditions.  


 

ATTACHMENT No: 1 - Application Drawings

 

Item No: 6.4.3

 

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Strategic & Town Planning

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: WYP9370/16

 

 

Item No: 6.4.4

Director City Operations - Stephen Thorpe

 

 

 

Planning Permit Application - 33-49 McLeans Road, Little River - Use and development of the land for a Place of Worship

 

Summary

Council has received a planning permit application for the use and development of the land for a place of worship at 33-49 McLeans Road, Little River.

 

Notice of the application was provided and 103 objections were received.

 

The application was presented to Council’s Town Planning Forum on the 5th December 2016.

 

Following a detailed review of the proposal against the Wyndham Planning Scheme, it is recommended that Council refuse the planning permit application on the basis that it does not comply with the Wyndham Planning Scheme.  

 

Attachments

1.

Application Drawings - printed in separate document

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Operations – Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Planning & Building – Peter Van Til

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Senior Planner - Denise Greaney

In providing this advice as the Author, I have no disclosable interests in this report.

 

Key Issues

·        Use of land for a Place of worship

·        Green Wedge Zone

·        Little River Township Policy

·        Protection of agricultural land

·        Access and traffic

·        Noise

·        Letters of objection


 

 

 

RECOMMENDATION

 

That Council resolve to Refuse to Grant a Planning Permit for the use and development of the land for the purpose of a place of worship at 33-49 McLeans Road, Little River, on the following grounds:

 

1.   The proposal is contrary to the objectives of Clause 11.04-7 (Green Wedge), Clause 14.01-1 (Protection of agricultural land) and Clause 15.01-5 (Cultural identity and neighbourhood character) of the Wyndham Planning Scheme

 

2.   The proposal is not in accordance with Clause 21.11-1 (Local Areas – Little River) and Clause 21.11-5 (Werribee South and Western Plains South Green Wedges) of the Wyndham Planning Scheme.

 

3.   The proposal is not in accordance with the objectives and decision guidelines of Clause 35.04 (Green Wedge Zone) of the Wyndham Planning Scheme.

 

4.   The proposal is not in accordance with Clause 65 (General Provisions) of the Wyndham Planning Scheme.

 

 

 

MOTION

 

CRS Intaj Khan / Peter Maynard

 

That Council resolve to refuse to Grant a Planning Permit for the use and development of the land for the purpose of a place of worship at 33-49 McLeans Road, Little River, on the following grounds:

 

1.   The proposal is contrary to the objectives of Clause 11.04-7 (Green Wedge), Clause 14.01-1 (Protection of agricultural land) and Clause 15.01-5 (Cultural identity and neighbourhood character) of the Wyndham Planning Scheme

 

2.   The proposal is not in accordance with Clause 21.11-1 (Local Areas – Little River) and Clause 21.11-5 (Werribee South and Western Plains South Green Wedges) of the Wyndham Planning Scheme.

 

3.   The proposal is not in accordance with the objectives and decision guidelines of Clause 35.04 (Green Wedge Zone) of the Wyndham Planning Scheme.

 

4.   The proposal is not in accordance with Clause 65 (General Provisions) of the Wyndham Planning Scheme.

 

(CARRIED)

 

1.      Background

Introduction

The applicant proposes to use and develop a place of worship on the site at No.33-49 McLeans Road, Little River.

 

Subject Site

The subject site is located on the east side of McLeans Road, Little River and has an area of 6.47 hectares.  The site is not affected by any easements.

 

The site contains an existing single storey dwelling, setback approximately 100 metres from McLeans Road.  An existing shed and shipping container are located on the south side of the property.

 

A gravel driveway is located centrally on the site and provides access to the dwelling.  Post and wire fencing forms the boundary of the site.

 

Vegetation on the site consists of a row of trees along the front of the property and several small trees along the north and south boundary of the site.  The remainder of the site is covered in pasture grasses with some small trees and shrubs interspersed around the property.

 

Surrounds

The surrounding properties to the north, east and south consist of agricultural properties with dwellings attached to rural lots or smaller lots.  Properties are used for activities such as hobby farms grazing, horse studs, agistment, and cropping.  The adjoining properties to the north and south consist of a single dwelling on a large allotment.

 

The land is directly opposite the Little River township which is a low-density residential area. The properties opposite the subject site consist of dwellings set on large allotments. 

The site is located approximately 750 metres from the Little River train station and 280 metres from the service station / general store. 

 

Little River Road is located approximately 250 metres north of the subject site.

 

The site is shown in aerial photograph below:

 

Figure 1 – Aerial photo of site and surrounds

 

 

Planning Process

·    Planning application was received on the 29th July 2016;

·    Notice of the application was provided in August/September 2016;

·    103 objections were received, highlighting issues of Green Wedge Zone, loss of agricultural land impact on the character of the Little River township, light spill, noise, traffic, car parking etc.

·    The application was heard at the Town Planning Forum on the 5th December 2016.  The forum provided the applicant with the opportunity to present the application. The forum provided the objectors with an opportunity to express their concerns regarding the proposal. 

 

2.      Discussion

Proposal

The proposal includes the following:

·    The existing dwelling and farm shed area proposed to be converted into a Place of Worship to be used for meetings and religious study classes

·    Construction of a new outbuilding to be used for yoga, meditation and storage.

Floor area 300 square metres

Overall building height 5 metres

Constructed of Colourbond

 

·    Car Parking

A new car park will be constructed for 18 vehicles at the front of the existing shed

Two car spaces will be provided within the existing garage

 

·    Hours of Operation (7 days a week)

7.00am – 12.00pm (opens at 7.30am for morning prayers and worshipping)

5.00pm – 9.00pm

Closed between 12.00pm – 5.00pm

 

·    28 significant religious / festival days per year.  The hours of operation are the same on significant religious days as on a normal worshipping day

 

·    Patronage is proposed at a maximum of 60 people at any one time;

On the significant religious / festival day the maximum of 60 persons on the site during the morning period and 60 persons on-site during the evening period. The total number of people attending the site may be as high as 90 for each period. The nature of the worship is that some people will attend for only 15-30 minutes and some may remain on the site for longer periods.

On a normal worship day the number of persons in attendance at any one time is expected to be 35 during the morning and 35 during the evening. It is expected that up to 50 worshippers may attend the morning and afternoon session but the staggering of attendance means that the total number on-site will not exceed 60.

 

·    Access to the place of worship will be from the existing central accessway on the site. 

 

·    Worshippers drop-in throughout the two worship sessions throughout the day and stay for as long or a short a period as they wish. 

 

·    The proposed place of worship is to be used for the Datta Yoga Centre which is a form of Hinduism that believes in the values of meditation, healing music and Kriya Yogo.

 

Planning Controls 

The subject land is within the Green Wedge Zone.  No overlays apply to the land.

 

The permit triggers are as follows:

·    Clause 34.04-1 a permit is required for use as a place of worship and;

·    Clause 34.04-5 a permit is required for building or works associated with a use in Section 2 of Clause 34.04-1.

 

Referrals

Pursuant to Clause 66 of the Wyndham Planning Scheme, the application was not required to be referred to any external agencies. 

 

The application was referred to a number of internal departments for comments.  Details are of the responses are summarised below:

·    Engineering Traffic

If the numbers presented in the traffic report are reflective of what is proposed to take place on site then our traffic team has no concern from a road authority perspective.

Further clarification required regarding the access width and driveway width and provision of swept path plans for 12.5m SU Truck/Bus entering/existing site.

Conditions requested in relation to design and function of car park and accessway

 

·    Building Department

Building permit required;

Elevation plan specifies specifications for a Class 10a building However, the proposed use is a Clause 9b building; and

No sanitary facilities have been designed.

 

·    Waste Department

Council will not provide waste collection services to this development to a non-residential use.

 

·    Strategic Planning

Consent without conditions

 

·    Social Development

Consent without conditions

 

·    Engineering Drainage

Consent subject to conditions

 

·    Environmental Health

Consent subject to conditions.

 

 

Planning Policy

The application has been assessed against the relevant sections of the Wyndham Planning Scheme as follows:

 

State Planning Policy Framework (SPPF)

 

The following clauses of the SPPF are relevant to the consideration of this application:

 

Clause 11.04-7 (Green wedges) seeks to protect the green wedges of Metropolitan Melbourne from inappropriate development.

                                                

Clause 12.04-2 (Landscapes) seeks to protect landscapes and significant open spaces that contribute to character, identity and sustainable environments.

 

Clause 14.01-1 (Protection of agricultural land) seeks to protect productive farmland which is of strategic significance in the local or regional context.

 

Clause 15.01-5 (Cultural identity and neighbourhood character) seeks to recognise and protect cultural identity, neighbourhood character and sense of place.

 

Planning Officer Comment

Following a detailed assessment of the application a number of relevant State Planning Policy Framework clauses are not considered to be met. 

 

Clause 11.04-7 (Green Wedges) seeks ‘to protect the green wedges of Metropolitan Melbourne from inappropriate development’.  A strategy to implement the objective is to support development in the green wedge that provides for environmental, economic and social benefits.  It is acknowledged that the proposed place of worship offers religious and social benefit to the people of the faith.  However, this social benefit does not out-weigh the loss of agricultural land and the amenity impacts to the surrounding dwellings.   

 

The proposal is contrary to Clause 14.01-1 (Protection of agricultural land) as it will result in the unplanned loss of agricultural land. There is concern that a place of worship in this location will result in an urban incursion into agricultural land and may impact on the capability of agricultural uses on surrounding rural properties.    

 

The strategies to implement the objective of Clause 15.01-5 (Cultural identity and neighbourhood character) include the following:

·    Ensure development responds and contributes to existing sense of place and cultural identity.

·    Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation.

·    Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising:

The underlying natural landscape character.

The heritage values and built form that reflect community identity.

The values, needs and aspirations of the community.

 

It is considered that the use of the land does not appropriately respond to the site context which is within a Green Wedge zone and directly opposite a low-density residential area. It is considered that the level of activities generated with the associated noise and disturbance by the proposal through noise and vehicle movements is uncharacteristic of the Little River township and will be detrimental to the rural village character of Little River. 

 

Local Planning Policy Framework (LLPF)

 

The following clauses of the LPPF are relevant to the consideration of this application:

 

Clause 21.01-1 (Municipal Profile) recognises that Little River is outside of the growth area.

 

A key planning issue that is identified which Council needs to address in the future and is relevant to this planning application include:

 

·    Wyndham’s natural environment and landscape requires protection and enhancement in respect to growth and land use.

·    Rural areas beyond the Urban Growth Boundary will help to protect and restore biodiversity and viable future rural land uses.

 

Clause 21.05-1 (Agriculture) seeks to preserve the agricultural areas of the municipality (Objective 1).

 

Clause 21.08-1 (Economic Growth) seeks to facilitate new development and employment opportunities in Wyndham.

 

Clause 21.10-1 (Community Facilities) identifies that one of the greatest challenges for Wyndham will be the capacity of the city to keep up with the demand for infrastructure and services, and to maintain and build the sense of community needed to assure the safety and wellbeing of people.  Objective 1 seeks ‘to ensure responsible development of new physical, social and economic infrastructure to meet the needs of the community during rapid growth’.

 

Clause 21.11-1 (Little River)  Little River is partly located within the municipalities of Wyndham and Greater Geelong. Little River township provides a basic level of services to residents. The vision is for limited consolidation of development in the Little River area may be justified, subject to resolution of airport noise, infrastructure constraints and development of a township plan. 

 

Clause 21.11-5 (Werribee South and Western Plains South Green Wedges) – The vision is for the sustainable management of Wyndham’s green wedges. The following is relevant to the application:

·    Protect Wyndham’s Green Wedges from inappropriate development and urban intrusion.

·    Create physical buffers or follow natural or planned barriers to ensure protection.

·    Protect and enhance sites of environmental significance on public and private land within the Green Wedges.

·    Encourage farming and other compatible rural activities in areas beyond the UGB.

 

Planning Officer comment

 

The place of worship provides a community benefit on the basis that it will provide social and religious need for a section of the community, however it is considered that this does not outweigh the wider disbenefits from an incursion into the Green Wedge Zone and the amenity impacts on the Little River township.

 

Clause 21.11-1 (Little River) seeks to restrain development in Little River township and environs based upon significant existing constraints and retention of the existing rural village character.  The subject site is located directly opposite the Little River township. The place of worship is proposed to operate 7 days a week, with the hours of operation extending up until 9 pm at night.  The application seeks approval to allow 60 persons on site at any one time. The application states that temple visiting numbers would vary on a daily basis from 35 worshippers per morning and evening session with increase numbers to 60 congregants for days of specific religious observance /festival days.  The Traffic Report states that on an ‘average’ day traffic generated by the proposed development will be approximately 50 vehicles trips per day, on a festival day the traffic generation is expected to be 40 vehicle trips per hour.

 

It is considered that the amount of traffic generation associated with the proposed use and the overall intensity of the use and the number of persons attending the place of worship is not low scale or discreet and will not fit within the ambience of the rural village character of the Little River.  On this basis the proposal is not consistent with Clause 21.11-1 (Little River).

 

The site is located in the Green Wedge Zone and therefore Clause 21.11- 5 (Werribee South and Western Plains South Green Wedges) is relevant to the application.  This clause seeks to encourage farming and other compatible rural activities. Although the site is currently not used for agricultural production, there is no reason that the land cannot contribute to agricultural production.  It is considered that the proposed intensity of the use is more appropriate within an urban context and not within a rural / rural-residential location.

 

ZONING

Clause 35.04 Green Wedge Zone

 

The subject site is located within the Green Wedge Zone. The purpose of the Green Wedge  Zone is:

·    To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    To provide for the use of land for agriculture.

·    To recognise, protect and conserve green wedge land for its agricultural, environmental,

historic, landscape, recreational and tourism opportunities, and mineral and stone resources.

·    To encourage use and development that is consistent with sustainable land management practices.

·    To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses.

·    To protect, conserve and enhance the cultural heritage significance and the character of open rural and scenic non-urban landscapes.

·    To protect and enhance the biodiversity of the area.

 

Planning Officer Comment

 

It is considered that the proposed place of worship has not adequately addressed the Purpose and Decision Guidelines of the Green Wedge Zone and will result in an outcome for the site and surrounds that is inappropriate and will not result in a net community benefit.

 

In particular, the proposed place of worship does not adequately address the relevant State and Local Planning Policy Framework and will result in an inappropriate development outcome within the Little River environs. Whilst it is acknowledged that the place of worship will provide a social benefit to the members of the faith, it is considered that the intensity of the use will impact of the village character of the Little River and will have unreasonable amenity impacts through noise, traffic impacts and headlight spill on the surrounding dwellings.  Further the proposed use will result in a loss land for agriculture which is in consistent with the purpose of the zone.

 

Clause 35.04-8 requires the responsible authority to consider the following decision guidelines before deciding on an application:

 

Decision Guidelines

General

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

As detailed earlier in this report, the proposed development does not respond to the State and Local Planning Policy.

Any Regional Catchment Strategy and associated plan applying to the land.

Not relevant to this application.

The capability of the land to accommodate the proposed use or development.

The place of worship proposes to utilise the existing dwelling and shed and construct a new shed on the site that will be used for activities associated with the place of worship.  A car park for 18 vehicles is also proposed.  The site has an area of 6.47 hectares and land is considered to be capable of accommodating the proposed use.

How the use or development relates to rural land use, rural diversification, natural resource management, natural or cultural heritage management, recreation or tourism.

It is considered that the use of the land for a place of worship has no relationship to a rural land use.

Whether the site is suitable for the use or development and the compatibility of the proposal with adjoining land uses.

The intensity of the use is considered to be inappropriate within the rural context of the site and is incompatible with surrounding rural / agricultural properties.  It is further considered that the intensity of the proposed use has the potential to limit future agricultural production on surrounding properties.

 

It is considered that the increase in noise including traffic noise and headlight spill into the dwellings opposite the subject land will be unreasonable.

Whether the use or development is essential to the health, safety or well-being of the State or area but is not appropriate to locate in an urban area because of the effect it may have on existing or proposed urban areas or the effect that existing or proposed urban areas may have on the proposed use or development.

Not relevant

The need to minimise adverse impacts on the character and appearance of the area or features of architectural, scientific or cultural heritage significance, or of natural scenic beauty.

The proposal includes the construction of a shed on the property to be utilised for activities associated with the place of worship.  The shed will have a floor area of 300 square metres and a wall height of 3.6 metres.  The shed will be constructed of colourbond.  The existing dwelling and barn will also be used and a new gravel car park for 18 vehicles will be constructed on site.

 

It is considered that the buildings and works proposed are appropriate to a rural environment and will not impact on the landscape character of the area.

 

However, the amenity impacts generated of the proposal through the intensity of the use, traffic, noise and disturbance to dwellings in the area would be such that it should be located within an urban area.   

Environmental Issues

 

The impact of the use or development on the flora and fauna on the site and its surrounds.

It is submitted that there is no impact to flora and fauna on the site.

The need to protect and enhance the biodiversity of the area, including the retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area.

If the proposal was to be supported landscaping buffer conditions could be included on the permit to enhance the biodiversity of the area.

 

 

How the use or development relates to sustainable land management and the need to prepare an integrated land management plan.

The proposal does not relate to the sustainable land management of the land.

The location of on site effluent disposal areas to minimise impact of nutrient loads on waterways and native vegetation.

The application drawings indicate the location of on-site effluent disposal areas on the site.

 

Council’s Environmental Health Department have reviewed the drawings and not raised any concern with the proposal.  

 

If the applicant was to be supported a separate application for a septic tank would need to be submitted to Council’s Environmental Health Department.

 

Design and siting issues

The need to minimise any adverse impacts of siting, design, height, bulk, and colours

and materials to be used, on landscape features, major roads and vistas.

The size and design of the proposed shed is considered to be appropriate within the rural context of the site.  The shed is considered to be low-profile and will not have an adverse impact on the rural landscape.

 

The proposed shed is setback 8.0 metres from the southern boundary and approximately 75 metres from the nearest dwelling.  The siting of the shed is considered to be appropriate within the context of the site and surrounds.

 

If the proposal was to be supported a landscaping buffer along the southern boundary of the site would be recommended to assist in screening the shed from neighbouring properties. 

The location and design of existing and proposed infrastructure services which

minimises the visual impact on the landscape.

Not relevant

The need to minimise adverse impacts on the character and appearance of the area or features of archaeological, historic or scientific significance or of natural scenic beauty or importance.

The design and siting of the proposed shed is considered to respect the landscape character of the area.

 

 

 

 

Particular Provisions

 

Clause 52.06 (Car Parking)

 

Pursuant to Clause 52.06-2 prior to a new use commencing, the car parking spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

 

The car parking rate that has been applied to the place of worship is 0.3 car spaces to each person permitted. Based on 60 patrons attending the place of worship, the proposal generates a requirement for 20 car spaces.  The application proposes 20 car spaces, 18 of the car spaces are to be provided in a new car parking area and two car spaces within the existing garage.

 

The number of car parking spaces is adequate and complies with the requirements of Clause 52.06.  There is room on the land to provide more car parking if needed.

 

Clause 57 Metropolitan Green Wedge Land

 

The purpose of Clause 57 includes:

·    To protect metropolitan green wedge land from uses and development that would diminish its agricultural, environmental, cultural heritage, conservation, landscape natural resource or recreation values.

·    To protect productive agricultural land from incompatible uses and development.

·    To ensure that the scale of use is compatible with the non-urban character of metropolitan green wedge land.

·    To encourage the location of urban activities in urban areas.

 

For the reasons outlined elsewhere in the report, the proposal does not comply with the purpose of Clause 57.

 

General Provisions

 

Clause 65 – Decision Guidelines

 

Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate:

·     The matters set out in Section 60 of the Act;

·     The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

·     The purpose of the zone, overlay and other provision;

·     Any matter required to be considered in the zone, overlay or other provision;

·     The orderly planning of the area;

·     The effect on the amenity of the area;

·     The proximity of the land to any public land;

·     Factors likely to cause or contribute to land degradation, salinity or reduce water quality;

·     Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site;

·     The extend and character of native vegetation and the likelihood of its destruction;

·     Whether native vegetation is to be or can be protected, planted or allowed to regenerate;

·     The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimize any such hazard.

 

Planning Officer Response:

 

The application has been assessed against the decision guidelines of Clause 65 and the proposal is not found to comply with a number of the matters listed.

 

In particular, the proposed Place of worship does not adequately respond to the State and Local Planning Policy Framework including Clause 11.04-7 (Green wedges), Clause 12.04-2 (Landscapes), Clause 14.01-1 (Protection of agricultural land), Clause 15.01-5 (Cultural identity and neighbourhood character), Clause 21.11-1 (Little River), Clause 21.11-5 (Werribee South and Western Plains South Green Wedges) and will result in an inappropriate development outcome within the area.  It is considered that the proposal has not adequately address the Purpose and Decision Guidelines of the Green Wedge Zone and will result in a development outcome for the site that is inappropriate and will not result in a net community benefit.

 

Additionally, the incursion of a non-agricultural use within a Green Wedge area that has no relationship to a rural land use will reduce opportunities for agricultural production on site.  Accommodating the proposed use in this area, without any association to rural activities will further reduce opportunities to intensify agricultural activities on surrounding properties or on the subject land.

 

The subject land is located directly opposite a low-residential area which forms the Little River township.  It is submitted that the level of activities associated with the place of worship will cause unreasonable disturbance to surrounding dwellings.

 

The application seeks approval for a maximum 60 patrons on site at any one time.  The applicant details in the proposal that the normal worshipping days the temple visiting numbers would be between 30-40 worshippers per day and on specific religious/festival days this would increase up to 60 people at any one time.  The applicant has been asked on a number of occasions to provide greater detailing regarding the timetabling of worshipping activities and patron numbers, however this information has not been provided.

 

The application documentation indicates that there are 28 significant religious days/festival days throughout the year and the Traffic Report states that on these dates the traffic demand is expected to be 40 vehicle trips per hour.  This would equate to 340 vehicles movements to and from the site throughout the day (40 vehicle trips x 8.5 hours of operation).   It is considered that the amenity impacts associated with this number of vehicle movements including noise, traffic noise, headlight spill would disrupt surrounding land owners and the level of disturbance would be uncharacteristic to the existing Little River township. 

 

It is considered that the intensity of the use is not rural and more appropriate within an urban environment. The level of activities generated by the proposed use will result in an unreasonable impact to surrounding residential dwellings. 

 

 

Other Matters

 

Avalon Corridor Strategy

The City of Greater Geelong, Wyndham City and the Department of Environment, Land, Water and Planning, are currently jointly preparing a high-level strategy to guide the future use of the land that extends between Werribee and Lara – the ‘Avalon Corridor’. The purpose of the Strategy is to establish a strategic land use framework for the Avalon Corridor and this includes Little River.  This document will provide a basis to guide land use planning into the future.

The Strategy is at the early stages of its development and as such does not alter the recommendation contained in this report.

 

Little River Strategic Land Use Position Statement (1996)

The Little River Strategic Land Use Position Statement (1996) is reference document in the Wyndham Planning Scheme.  The purpose of the report is to provide necessary strategic analysis to enable Council to consider and adopt a policy position in respect to future development of Little River.

 

Section 2.6 states the following with regards to farming in the Little River District:

 

“The Little River district, however, does not constitute prime agricultural land.  There appears to be only limited value in this sense.  The land is generally quite dry and flat, and prone to dry spells in the summer months”.

 

Whilst the agricultural value of the district is limited in an economic sense, it does nonetheless offer “hobby farm” opportunities”.

 

The Statement has been considered however does not alter the recommendation contained in this report.

3.      City Plan

2.1  City Image - To enhance Wyndham's character and liveability through neighbourhood planning and civic improvement projects.

4.      Financial Implications

There are no anticipated financial implications for Council from the application.

5.      Social Implications

The application provides social and religious benefits to the worshippers that will attend the place of worship. Social disbenefits would result in the form of amenity impacts to the surrounding residents and village character of Little River.

6.      Environmental Implications

There are no anticipated environmental implications for Council from the application.

7.      Economic/Employment Considerations

There are no anticipated economic/employment implications for Council from the application.

8.      Community Consultation

Notice was provided of the application by way of letters to adjoining owners and occupiers and a sign on site for a minimum of 14 days.  103 objections were received.

 

The application was presented at the Town Planning Forum on 5th December 2016 where submissions from Council, the applicant and objectors were heard in front of Councillors.  No decision or recommendation was made at the Planning Forum, however the meeting provided the applicant to explain the application and provided the objectors an opportunity to express their concerns in front of Council.

 

The representations reflected the submissions received during the community consultation process.

 

A summary of the reasons for the objections are detailed in the table below:


 

 

Summary of Objection Topics

Officer Response

Character

·    Impact on the peaceful township which has a strong community focus;

·    Loss of amenity of the tranquil/quiet town

·    Impact to the rural lifestyle setting

·    The proposed use is not suited to a rural setting

·    Use not appropriate in a residential street

It is considered that the intensity of the proposed place of worship will result in amenity impacts that will have an unreasonable impact on the existing rural village character of Little River and surrounding dwellings.

Traffic

·    Significant increase in traffic will significantly impact residents of the township

·    McLeans Road is a local road and designed to carry only residential traffic

·    Additional traffic will increase the risk local residents, cyclists, pedestrians, horse riders etc who use the roads to travel, as there are no footpaths in Little River;

·    The road would not be able to accommodate the additional traffic, which is already in a poor condition;

·    Wear and tear on roads as a result of the increase in traffic

·    Traffic congestion

·    Light spill from vehicles shining directly into the dwellings opposite the subject site.

·    Increase in dust as a result of more vehicles driving on the unmade verges along McLeans Road.

The number of traffic movements associated with the proposed use have the potential to cause disturbance to surrounding properties and inappropriate within a low-density / rural area. 

 

Headlight spill into neighbouring properties is a concern.

Patron Numbers

·    The application does not include details about live workshops planned for week days and weekends which will significantly increase patrons numbers to the site

·    The two worship time blocks throughout the day will increase patron numbers to the site

The application is seeking approval for a maximum of 60 patrons at any one time.  If the proposal was to be supported a condition limiting patron numbers could be included on the planning permit.

Green Wedge Zone

·    The proposal is not consistent with the Green Wedge Zone guidelines

Agreed, the proposal does not accord with various decision guidelines in the Green Wedge Zone.

Community / Social Benefit

·    The proposed place of worship is not intended to be used by local residents

·    The facility will be used by people outside of our community

·    The negative impact on local residents is significantly higher than the benefits that this facility will bring to Little River

·    The proposal provide no net community benefit

The proposal will provide social and religious benefits to the members of the faith. However it is considered that the intensity of the use will have a detrimental impact on the amenity of the surrounding dwellings and the village character of the Little River township.

Visual Impact

·    The proposed shed will obstruct views from neighbouring property

·    Size of shed is excessive for the proposed use

From a visual perspective the siting and design of the shed is considered to be appropriate within rural landscape.

Noise

·    Late night and 7 days a week use of the site will impact the amenity of the township

·    Concern about noise from amplified amplied

·    Traffic noise, vehicle engines, car door opening and closing

·    General noise from people coming and going for the site.

·    Increase in noise affecting the surrounding area

·    Alarm on existing shed impacts on surrounding residents

Agreed, the noise impacts associated with the proposed use will cause unreasonable disturbance to surrounding residential properties.

 

 

Light Pollution

·    Head lights affecting residential properties opposite 

·    Lights on buildings causing visual pollution

Agreed, headlights into the neighbouring dwellings is a concern.

 

Environment

·    Destruction of native vegetation on the property

·    The widening of the accessway and the vehicle entrance will result in a loss of vegetation

·    Fauna will avoid the township due to noise and significant increase in traffic.

The application states that there are no impacts to native vegetation and fauna. 

Fire risk

·    Evacuation of the traffic from this property poses a fire risk

·    Increase in number of people within a bush fire prone area

Concerns have been noted.

Potable Water

·    The additional number of people at the property will result in a significant strain on potable water in the township.

Concerns have been noted.

Effluent Disposal

·    The number of worshippers will exceed the capability of the existing septic tank system on the property.

If the proposal was to be supported, conditions/notes could be placed on the permit requiring the permit holder to obtain approval for Council’s Environmental Health Department for an upgrade to the existing septic tank.

 

Building Regulations would specify the number of toilets required to be provided on the site.

Place of worship currently under operation

·    Worshipping activities have already taken place on the property without a permit.

·    Festival on site has caused traffic chaos

·    Noise for gatherings have been inconvenient

Council’s Planning Enforcement Department are currently investigating the matter.

Property devaluation

VCAT has typically found that this is not a planning consideration.

 

9.      Conclusion

It is considered that the proposed development has failed to adequately address the relevant State and Local Planning Policy Frameworks and other relevant Planning Scheme considerations. 

 

The proposal will result in the loss of potential agricultural land and has the potential to disrupt surrounding property owners, whilst also limiting the potential to use their land for agriculture. 

 

Due to the proposed hours of operation, the 7 days a week operation and the number of patrons on site, it is considered that the proposal will result in unreasonable traffic generation and noise and amenity issues to the surrounding area.  The proposal is at odds with the existing rural village character of the township.

 

Overall the proposed development will not result in a net community benefit and will unreasonably impact upon the amenity and character of the surrounding area.  On this basis, it is recommended that the proposal be refused.

 


Strategic & Town Planning

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: WYP9155/16

 

 

Item No: 6.4.5

Director City Operations - Stephen Thorpe

 

 

 

Planning Permit Application - Construction of three (3) double storey dwellings at 2 Machair Drive, Point Cook

 

Summary

Council has received a planning permit application for the development of three (3) double storey dwellings at land known as 2 Machair Drive, Point Cook.

 

The application was advertised to surrounding land owners and occupiers by means of letters and two (2) signs on site for a period of 14 days, which resulted in 21 objections being received.

 

The application was presented to Council’s Town Planning Forum on 23 November 2016, providing an opportunity for all parties to outline the proposal and express their concerns as it relates to the proposal.

 

Council was notified by VCAT on 26 August 2016 that the applicant has lodged an appeal against Council for failure to grant a planning permit within the prescribed time (i.e. within 60 days) under Section 79 of the Planning and Environment Act 1987. The VCAT hearing is scheduled for 10 March 2017. A Council resolution is required prior to the VCAT hearing.

 

The application has been assessed against the relevant provisions of the Wyndham Planning Scheme including the State and Local Planning Policy Frameworks, Clause 55 (Rescode) and Clause 52.06 (Car Parking), as well as the adopted Wyndham Housing Strategy and Neighbourhood Character and previous VCAT decision (P1561/2015) relating to the subject site.

 

The assessment finds the proposed development to be inconsistent with the Wyndham Planning Scheme. As a result, the report recommends that when presenting the application to VCAT, Council advise that if Council was in the position to make a decision that the application would have been refused.

 

Attachments

1.

Application Plans - printed in separate document

2.

Previous VCAT Decision - printed in separate document

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest.

 

Acting Director City Operations – David Serpell

In providing this advice as the Acting Director, I have no disclosable interests in this report.

 

Acting Manager Planning & Building – Tim Webb

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Senior Planner - Gloria Osagiede

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Clause 55 (Rescode) of the Wyndham Planning Scheme.

·        Adopted Wyndham Housing & Neighbourhood Character Strategy, September 2015.

·        Objections and Town Planning Forum.

·        VCAT Decision P1561/2015.

 

RECOMMENDATION

That Council resolves to advise VCAT that Council’s decision on this application in the event that they could have determined the matter would have been to issue a Refusal for the development of three (3) double storey dwellings at 2 Machair Drive, Point Cook, on the following grounds:

 

1.       The proposed development does not meet the objectives and standard of Clause 55.02-1 (Neighbourhood character) in that the loss of the two street trees would remove an element in the public realm and detract from the streetscape of the area.

2.       The proposed development does not meet the objectives of Clause 22.04-1 (Neighbourhood character) in that the development does not appropriately respond to the surrounding neighbourhood/streetscape as the siting; alignment of the development and the two proposed crossovers from Spindrift Way is not consistent with the current building pattern and rhythm along Spindrift Way.

3.       The proposal is not considered to be consistent with the requirements of Clause 65 (Decision Guidelines) of the Wyndham Planning Scheme, particularly as it relates to the orderly planning of the area.

 

MOTION

 

CRS Kim McAliney / Tony Hooper

 

That Council resolves to advise VCAT that Council’s decision on this application in the event that they could have determined the matter would have been to issue a Refusal for the development of three (3) double storey dwellings at 2 Machair Drive, Point Cook, on the following grounds:

1.       The proposed development does not meet the objectives and standard of Clause 55.02-1 (Neighbourhood character) in that the loss of the two street trees would remove an element in the public realm and detract from the streetscape of the area.

2.       The proposed development does not meet the objectives of Clause 22.04-1 (Neighbourhood character) in that the development does not appropriately respond to the surrounding neighbourhood/streetscape as the siting; alignment of the development and the two proposed crossovers from Spindrift Way is not consistent with the current building pattern and rhythm along Spindrift Way.

3.       The proposal is not considered to be consistent with the requirements of Clause 65 (Decision Guidelines) of the Wyndham Planning Scheme, particularly as it relates to the orderly planning of the area.

(CARRIED)

 

1.      Background

Subject site

The subject land is described as Lot 115 on Plan of Subdivision PS422878X, known as No. 2 Machair Drive, Point Cook. The land is located on the eastern side of Machair Drive, between Spindrift Way and The Avenue, Point Cook.  The land is currently vacant and has a frontage of 13.44m to Machair Drive, a splay of 4.52m, a depth of 34m, and a site area of 635sqm.

 

The land has an existing crossover at the north-west corner and there are some street trees within the nature strip abutting Spindrift Way.

 

The land has a 2m wide sewerage easement along the western boundary (front of the site). The land is not affected by any restrictive covenant and is not within an area of cultural heritage sensitivity.

 

Surrounds

The immediate surrounding comprises an established residential area, generally featuring single detached dwellings, of single and double storey, with moderate landscaped front setbacks, off-street parking and secluded private open spaces at the rear of the dwellings.

 

The adjoining properties to the east are located within the Hobsons Bay City Council. To the west of Machair Drive (opposite the subject site) is a public park and tennis court. The land to the north is currently vacant. Further to the north of the vacant land are single dwellings.

 

The developments in the nearby vicinity are generally substantial in size and of a high quality design and construction. Lots sizes ranges between 500sqm and 700sqm, with the exception of the medium density lots (10 lots) along The Avenue. The ten (10) medium density lots along The Avenue are between 300-400sqm in size. The lots were designated for medium density development as part of the original subdivision process. The lots are occupied by double storey dwellings which are orderly planned, positioned and integrated with the public open space at 42 to 48 Spindrift Way, Point Cook. In terms of the wider context the subject land is located:

·    20m to Spindrift Tennis Court / Reserve;

·    330m to the nearest bus stop on Willowgreen Way;

·    453m to Point Cook CFA;

·    564m to Emmanuel College - Notre Dame Campus;

·    564m to Carranballac College Boardwalk Campus;

·    769m to Lumen Christi Catholic Primary School;

·    1.19km to Jamieson Way Community Centre;

·    1.1km to Sanctuary Lakes Shopping Centre;

·    1.2km to Point Cook Town Centre;

·    1.4km to Point Cook Library;

·    1.7km to Williams Landing Train Station; and

·    4.7km to Werribee Mercy Hospital.

 

Map 1 (Locality Map) shows the site and surrounding.

 

Map 1 - Locality Map

 

Planning History

At its Ordinary Council Meeting on 25 May 2015, Council refused a Planning Permit Application (WYP7974/14) for the construction of four (4) double storey dwellings at the subject site after the application failed to satisfy the requirements of the Wyndham Planning Scheme as it relates to neighbourhood character. The application received 84 objections and was recommended for refusal by the Town Planning Officer. 

 

The decision of Council to refuse Planning Permit Application WYP7974/14 was subsequently appealed by the applicant to the Tribunal and the hearing was held on 15 February 2016. The Tribunal affirmed the decision of the Council and directed that no permit be granted. In so doing, the Tribunal made the following findings:

·    The streetscape of Spindrift Way needs consideration (paragraph 26);

·    The proposed three crossovers in Spindrift Way and the continuous built form (despite a gap on the first floor) are not consistent with the current building rhythm in Spindrift Way (paragraph 27);

·    The loss of the two street trees would remove an element in the public realm that can soften the dominance of built form in the development. Their loss also detracts from the streetscape of the area (paragraph 28); and

·    The extent of building mass is not respectful of Spindrift Way. It is not a site that warrants increased housing to prevail over neighbourhood character (paragraph 36).

 

The VCAT findings have been considered in this assessment.

 

2.      Discussion

 

Proposal

 

The application includes the development of three (3) double storey dwellings (the dwellings are indicated on the proposed plans as townhouses) at 2 Machair Drive, Point Cook. In broad terms, the development incorporates:

·    Townhouse 1 will be oriented towards Machair Drive and setback by a minimum of 4m from Machair Drive.

·    Townhouses 2 & 3 will be located towards Spindrift Way and setback by an average of 4.8m.

·    Townhouse 1 will be accessed via the existing crossover from Machair Drive.

·    Two new crossovers are proposed via Spindrift Way for access to Townhouse 2 & 3.

·    Townhouse 2 & 3 will have a single garage and a tandem space.

·    Townhouse 1 is provided with a single garage with space at the front of the garage for a potential tandem space, however, the dimensions of the tandem space is not provided on the layout plan. 

·    Each of the Townhouses will comprise of:

Entry, porch, kitchen, meals and living area, toilet, and laundry, at the ground floor level;

3 Bedrooms, bathroom and toilet, and ensuite at the first-floor level.

·    The Townhouses will  have the following private open space:

Townhouse 1 – 89.75sqm (47.86sqm secluded);

Townhouse 2 – 42.16sqm (28sqm secluded);

Townhouse 3 – 49.29sqm (48sqm secluded).

·    The Townhouses will adopt a contemporary design constructed of face brick at the ground floor level with a combination of scyon panels and render finishes at the first floor.

·    The garages will have roller doors with remote opening and the roof will be tiled on 22.5-degree pitch.

·    The porch of dwelling 1 will be finished with stacked stones.

·    The porches of dwellings 2 & 3 will have a combination of rendered finish and timber posts.

·    Landscaping is proposed within the front setback and the private open spaces of each of the dwellings.

 

Assessment

 

Planning Permit Triggers

The subject site is zoned General Residential – Schedule 1, pursuant to the Wyndham Planning Scheme. The purposes of the zone are:

·    To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    To encourage development that respects the neighbourhood character of the area.

·    To implement neighbourhood character policy and adopted neighbourhood character guidelines.

·    To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport.

Pursuant to Clause 32.08-4 (General Residential Zone), a permit is required to construct two or more dwellings on a lot.

 

Applicable Residential Policies

 

The application was considered against the State Planning Policy Framework and Local Planning Policy Framework including the Municipal Strategic Statement and local planning policies.  The clauses from the SPPF, LPPF and MSS relevant to this application are as follows

 

State Planning Policy Framework

 

Clause 11 – Settlement

Planning is to facilitate sustainable development that takes full advantage of existing settlement patterns and investment in transport and communication, water and sewerage and social facilities.

 

Clause 15 – Built Environment and Heritage

Planning should achieve high quality urban design and architecture that:

·    Contributes positively to local urban character and sense of place.

·    Reflects the particular characteristics, aspirations and cultural identity of the community.

·    Enhances liveability, diversity, amenity and safety of the public realm.

·    Promotes attractiveness of towns and cities within broader strategic contexts.

·    Minimises detrimental impact on neighbouring properties.

 

Clause 15.12 - Energy Efficiency

The objective is to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

 

Clause 16.01-1 - Integrated Housing

The objective seeks to promote a housing market that meets the community needs.  Strategies seek to increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land.

 

Clause 16.01-2 - Location of Residential Development

The objective seeks to locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.  Strategies seek to encourage higher density housing development on sites that are well located in relation to activity centres, employment corridors and public transport and to ensure an adequate supply of redevelopment opportunities within the established urban area to reduce the pressure for fringe development.

 

Clause 16.01-4 - Housing Diversity

The objective seeks to provide for a range of housing types to meet increasingly diverse needs.  Strategies seek to ensure housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs and encourage the development of well-designed medium density housing.

 

Clause 16.01-5 - Housing Affordability

The objective seeks to deliver more affordable housing closer to jobs, transport and services.  Strategies seek to improve housing affordability.

 

Municipal Strategic Statement (MSS) and Local Planning Policy Framework (LPPF)

 

The following clauses of the MSS and LPPF are relevant for the consideration of this application:

 

Clause 21.02 - Settlement

The local settlement planning policies include strategies to encourage residential intensification within proximity of planned rail network or within existing urban areas that are well connected with existing infrastructure. The following policies are relevant:

 

Clause 21.02-1 - Urban Growth

Key Issues:

·    Managing significant population growth.

·    Developing infrastructure in partnership with State and Federal Governments.

·    Protecting industrial and residential activities from encroaching on each other.

·    Providing jobs closer to where people live, especially in the new employment corridor.

 

Objective 1: To identify areas suitable for urban growth and development.

 

Strategies:

·    Concentrate higher density residential and mixed use development and higher density employment areas and services within 400-800 metres of existing and planned rail stations.

·    Ensure that interfaces between residential and employment areas; between urban and rural areas; and between urban and industrial areas are planned to minimise land use conflicts.

·    Identify areas of constrained land that are not expected to be able to be developed over the life of the corridor plan.

 

Objective 2: To achieve cost effective and orderly management of urban growth.

 

Strategies:

·    Ensure that residential growth aligns with the delivery of key infrastructure items and the delivery of economic and employment growth.

·    Provide for growth on a scale and form consistent with maintaining the containment, compactness, accessibility and affordability of key growth areas.

·    Provide for new development to occur in areas that are not isolated from the core urban area and which integrate well with existing communities and infrastructure.

·    Support new development in areas where sufficient infrastructure can be provided.

 

Objective 6: To encourage safety, health, mobility, accessibility and a sense of place in design and development.

 

Strategies:

·    Ensure new residential development is integrated with public transport and is connected to walking and cycling links.

·    Improve connectivity and access around the city for all members of the community.

·    Create opportunities for people to connect through the creation of urban parks, pedestrian plazas and urban links.

 

Objective 7: To ensure that Wyndham is a city in which people feel confident to move freely and safely.

 

Strategies

·    Ensure that issues of community safety and crime prevention are adequately considered.

·    Ensure that the integration of safety and security concerns are considered throughout the development assessment process.

·    Ensure that the design of infrastructure and neighbourhoods takes into account safety design principles.

 

Clause 21.02-4 - Implementation

The objectives, strategies and policy guidelines in the Planning Scheme will be implemented through the application planning controls such as Development Contributions Plan Overlays to properly plan for infrastructure provision.

 

Clause 21.07-1 - Residential Development

The objective of this policy is to provide variety and choice in housing densities.  The strategies for implementation are:

·    Identify preferred areas for increased residential densities.

·    Identify preferred areas for incremental and limited change.

·    Encourage higher density development to occur in well serviced and established areas such as the Werribee City Centre and Hoppers Crossing.

·    Encourage medium density housing, especially within close walking distance of existing and planned fixed rail station, defined Activity Centre and bus route.

 

Clause 21.07-2 Housing Diversity

The local housing policy intent is to encourage a variety of housing densities. Council’s strategies include identifying preferred areas for different residential densities to be located and ensure that smaller household units are developed near and around rail stations, activity centres and employment areas.

 

Clause 21.07-3 Neighbourhood Character

The objective of the neighbourhood character policy is to recognise places of distinct character and ensure the identified character is protected from inappropriate development. The subject site is within a Contemporary Garden Area.

 

Contemporary Garden - comprising modern residential estates with establishing gardens.

 

Key issues:

·    Identifying and protecting areas within the municipality with significant neighbourhood character values.

·    Considering neighbourhood character issues in the assessment of infill housing development proposals within existing residential areas.

·    Balancing the tension in policy between urban consolidation objectives and the desire to respect residential amenity and neighbourhood character.

·    Ensuring that the type, scale and design of development and the impacts on existing amenity are addressed.

·    Minimising the loss of backyard areas and established vegetation.

 

Objective 3: To recognise places of distinct neighbourhood character.

 

Strategies:

·    Maintain the garden settings of buildings and the tree canopy of the neighbourhood.

·    Accommodate landscaping within smaller garden settings.

·    Maintain the rhythm of spacing between buildings.

·    Provide space for front gardens and planting around buildings.

·    Minimise the loss of front garden space and the dominance of car parking structures.

·    Avoid new buildings or extensions dominating the streetscape.

·    Encourage innovative and contemporary architectural responses that make a positive contribution to the streetscape character.

·    Encourage the retention of intact, older buildings that contribute to the character of the area.

·    Ensure that the pattern of frontage treatment within the area is respected.

·    To retain views to buildings and gardens.

·    Integrate buildings and landscape settings with open space and creek or river-side environs.

 

Clause 22.04-1 – Policy Basis

The MSS (at Clause 21.07-2) notes that the Wyndham Neighbourhood Character Scoping Study 2012 identifies five broad neighbourhood character types in the established residential areas of the city being Contemporary Garden, Garden Suburban, Garden Court, Bush Garden and Coastal Garden.

 

Clause 22.04-2 – Objectives

·    To recognise places of distinct neighbourhood character

·    To define aspects of neighbourhood character that is important in designing infill development.

 

Clause 22.04-3- Policy

It is policy to:

 

Assess proposals for residential development that require planning permission against the following criteria:

·    Provision of new canopy trees

·    Landscaping in small spaces

·    Open front boundary treatment or very low fences

·    Interface with open spaces and creek or river corridors

 

Summary of SPPF, LPPF and MSS

 

The proposal has been assessed against the provisions of the SPPF, the LPPF including the MSS.  The broad focus of the State and Local planning policies is to encourage sustainable development in appropriate locations, typically within close proximity to public transport and activity centres and not with other development constraints.

 

The SPPF and LPPF make provision for planning to plan for the growth and redevelopment of settlement in an orderly manner to enable development which contributes positively to local urban character and sense of place. Furthermore, the LPPF encourages developments that provide innovative and contemporary architectural responses and provide a positive contribution to the streetscape character.

 

The proposed development is not appropriately designed to respond to the key features of the area.  The street trees within the nature strip of the site abutting Spindrift Way are considered as key features and significant elements of the neighbourhood.  While the application proposes to retain the trees, it should be noted that the proposed distances between the crossover of Townhouse 2 and the trees is not sufficient to protect the root systems of the trees. As a result, the trees will need to be removed to cater for the crossover. It is considered that the street trees contribute to the existing pattern and the interaction of elements in the neighbourhood, particularly around the subject site and the public open space. The removal of the street trees will significantly impact on the interaction of these elements and will also detract from the existing and preferred neighbourhood character.

 

The subject site is located within Point Cook and Council’s Neighbourhood Character Scoping Study (2012) noted Point Cook as a distinct contemporary character of single detached dwellings, which has been created through the application of covenants. While parts of Point Cook are likely to be further subdivided, design issues including building siting, design quality, an increase in scale and provision of vegetation all require careful consideration within this area.

 

The previous VCAT Decision (P1561/2015) relating to the subject site states that the “loss of the two street trees would remove an element in the public realm that can soften the dominance of built form in the proposed development”. VCAT also found that the loss of the street trees would detract from the streetscape of the area.

 

The subject site is currently zoned General Residential and the purposes of the zone is “to encourage development that respects the neighbourhood character of the area, and to implement neighbourhood character policy and adopted neighbourhood character guidelines”. The proposed development is not considered respectful of the existing and preferred neighbourhood character.

 

Adopted Council Policy

 

Wyndham Housing & Neighbourhood Character Strategy

 

Section 60(1A) (g) of the Planning and Environment Act outlines that Council may consider an adopted strategic plan, policy document, code or guideline. The Housing and Neighbourhood Character Strategy was adopted by Council at its Ordinary Council Meeting on 25 August 2015. This gives Council the ability to consider the adopted Housing and Neighbourhood Character Strategy in its decision making.

 

The Housing Strategy (2015) aims to provide a strategic direction for the future residential growth and development of Wyndham by identifying areas where change is encouraged and where lesser change is expected. This is in line with the strategic direction under Clause 9 and 16 of the SPPF. The Strategy seeks to direct high and medium density housing growth to areas which are well serviced by infrastructure, such as around activity centres, train station and along principal public transport network.

 

In the Strategy, the subject site is included in the “Incremental Change with Access Area”. The Incremental with Access Area will be translated into General Residential Zone in the Wyndham Planning Scheme. The preliminary objectives for the proposed Incremental with Access area are:

·    Encourage moderate housing growth and diversification in the form of apartments, townhouses, units, dual occupancies and detached houses.

·    Ensure new medium density development in Incremental Change with Access areas:

Achieves the preferred neighbourhood character for its location

Provides a sensitive and appropriate interface with adjoining streetscapes, buildings and residential areas.

·    Encourage smaller housing sizes and types, particularly one and two bedroom dwellings

 

Planning Officer Comment

 

The proposal is inconsistent with the objectives for the proposed Incremental with Access area. It is considered that the development will impact on the existing building rhythm and the streetscape along Spindrift Way. Also, the development will result in the loss of two street trees which would remove an element in the public realm and also detracts from the streetscape.

 

Furthermore, the Housing Strategy encourages one and two bedroom dwellings within Incremental with Access area, however, the application proposes three bedrooms for each of the townhouses. This is not consistent with Council’s strategic direction for the area.

 

Particular Provisions

 

Clause 52.06 (Car parking)

 

Clause 52.06 - 5 of the Wyndham Planning Scheme sets out the number of car parking spaces required for a use.

 

Use

Rate

Column A

Applies the

standard

rate to all

zones

Car Parking Measure

Column C

Dwelling

1

To each one or two bedroom

dwelling, plus

 

2

To each three or more bedroom

dwelling (with studies or studios

that are separate rooms counted as

a bedrooms) plus

 

1

For visitors to every 5 dwellings for

developments of 5 or more

dwellings

 

 

Planning Officer Comment

The development proposes 3 bedrooms for each of the Townhouses and two car parking spaces (in the form of a single garage and a tandem space) are provided for each of Townhouse 2 & 3. A single garage is proposed for Townhouse 1 with space at the front of the garage for a potential tandem space. With a condition requiring the dimension of the tandem space of Townhouse 1 to be shown on the layout plan, the proposed car parking is considered in accordance with the requirements of Clause 52.06 of the Planning Scheme.

 

Referrals

There were no statutory requirements under Clause 62.02 of the Wyndham Planning Scheme for the application to be referred to any external authorities. However, the application was referred internally to Council’s Tree Planner and discussions were undertaken with Council’s Technical Engineering. The responses are as follows:

 

Street Tree Planner

·    The trees are native and provide good habitat and canopy cover for the surrounding.

·    The proximity of the proposed crossover (i.e. within 1.154m and 1.164m) to the street trees will cause damage to the root systems of the trees. It should be noted that the edge of works will extend beyond the distance shown on the plan which may cause further damage to the root systems of the trees.

·    Council requires a minimum distance of 3m from a street tree. In addition, a tree protection plan may be required for larger or significant trees.

·    In this case the existing street trees will have to be removed if the crossover is to proceed.

 

Technical Engineering

·    A minimum distance of 3m from the edge of the crossover to the face of the tree truck.

·    The stormwater and telecommunication pits within the nature strip will require upgrade prior to the construction of the crossover.

 

Planning Officer’s Comment

 

In another comparable VCAT case, Nilsson, Noel & Holmes (Surveyors) Pty Ltd v Frankston CC [2015] VCAT 1408 (9 September 2015) – VCAT Member Megan Crew; it was highlighted:

·    The site relating to the above VCAT decision is located within a General Residential Zone.

·    The site is a corner allotment.

·    The proposal was for the creation of two separate lots with a new crossover proposed for access to lot 1 while lot 2 was to be accessed via the existing crossover. Council refused the application on the grounds that the proposal was inconsistent with the neighbourhood character and would result in the loss of a significant street tree in order for vehicular access to Lot 1

 

While the applicant for review in the above decision provided an arborist report, VCAT affirmed Council’s decision on neighbourhood character grounds.

 

Previous VCAT Decision P1561/2015

 

A previous application for the development of four (4) double storey dwellings at the site was refused by VCAT on the following grounds:

·    The streetscape of Spindrift Way needs consideration (paragraph 26)

·    The proposed three crossovers in spindrift Way and the continuous built form (despite a gap on the first floor) are not consistent with the current building rhythm in Spindrift Way (paragraph 27)

·    The loss of the two street trees would remove an element in the public realm that can soften the dominance of built form in the development. Their loss also detracts from the streetscape of the area (paragraph 28)

·    The extent of building mass is not respectful of Spindrift Way. It is not a site that warrants increased housing to prevail over neighbourhood character (paragraph 36)

 

Planning Officer’s Comment

 

It is considered that the application has not satisfactorily addressed the above VCAT grounds of refusal.

 

Clause 55 (Two or More Dwellings on a Lot and Residential Buildings)

 

The purpose of Clause 55 (Two or more dwellings on a lot and residential buildings) of the Wyndham Planning Scheme is:

·    To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character.

·    To encourage residential development that provides reasonable standards of amenity for existing and new residents.

·    To encourage residential development that is responsive to the site and the neighbourhood.

 

An assessment of Clause 55 is as follows:

 

Requirements

Assessment

B1 (Neighbourhood Character) - The proposed design must respect the existing or preferred neighbourhood character.

Does not Comply

The proposed townhouses are not appropriately sited to respond to the key features of the site. The existing street trees along the nature strip of the site towards Spindrift Way are considered to be significant elements of the neighbourhood. It is considered that the trees contribute to the existing pattern and the interaction of elements in the neighbourhood, particularly around the public open space. The removal of the street trees will impact on the interaction of these elements and also, will detract from the existing and preferred neighbourhood character.

 

It is noted that the significance of the existing street trees as an ‘element in the public realm’ was acknowledged in previous VCAT decision (ref: P1561/2015) relating to the subject site.

 

The proposed development is not considered to be respectful of the existing building rhythm along Spindrift Way as the pattern and siting of the townhouses are not consistent with that of the existing dwellings.

 

Based on the above, it is considered that the proposed development is not consistent with the objective and Standards of B1.

B2 (Residential Policy)- To ensure that residential development is in accordance with the SPPF, LPPF & MSS.

Does not Comply

The proposed development does not respect the existing and preferred neighbourhood character as required under Clause 16.01-4 and Clause 21.07-3 of the Planning Scheme.

B3 (Dwelling Diversity) - A range of dwelling sizes and types be provided in development of more than 10 dwellings.

Not Applicable

This standard is not applicable as the proposal is for the development of three (3) dwellings. 

B4 (Infrastructure) - The development must be provided with utility services and infrastructure.

Complies

The subject site is located within an existing residential area and all services are available to the site. It is unlikely the proposed development will exceed the capacity of the utility services or infrastructure.

B5 (Integration With The Objective) - Integrate the layout of the development with the street.

Partially Complies

The subject site is opposite a reserve and Townhouse 1 would be located towards Machair Drive facing the reserve. This is considered consistent with the existing streetscape along Machair Drive.

 

Townhouses 2 & 3 are to be oriented towards Spindrift Way being the side street. The siting of Townhouses 2 & 3 is not considered to be consistent with the rhythm and pattern of the existing building along Spindrift Way.

B6 (Street Setback) - To ensure that the setback of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Complies

Townhouse 1 will be setback by a minimum of 4m from Machair Drive.

 

Townhouses 2 & 3 will be setback by a minimum of 4.8m from Spindrift Way. The porches would protrude over the street setback by approximately 1.4m. The garages will be further setback.  This is considered consistent with the requirement of this standard.

B7 (Building Height) - To ensure that the height of buildings respects the existing or preferred neighbourhood character.

Complies

The development will have a maximum height of 7.2m which is well within the maximum allowable under the Standard. This is considered consistent with the requirement of this standard.

B8 (Site Coverage) - To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.

Complies

The site coverage is 46.93% this consistent with the requirement of this standard.

B9 (Permeability) – To reduce the impact of increased stormwater run-off on the drainage system and to facilitate on-site stormwater infiltration.

Complies

The proposed site permeability is 32.01%. This is considered consistent with the requirement of this standard.

B10( Energy Efficiency) – Living areas and private open space should be located to the north is practicable

Partially Complies

The living area and private open space of Townhouse 1 is located to the south with no north-facing window provided on the ground level. However, a north facing window is provided on the first floor level of Townhouse 1.

 

The living area of Townhouses 2 & 3 is located to the north. Each of Townhouse 2 & 3 is provided with a north facing sliding door on the ground floor and north-facing windows on the first floor level.

 

Townhouse 2 & 3 are oriented to make appropriate use of solar energy in accordance with the requirement of this standard. 

B11 (Open Space) – Integrate the layout of development with any public and communal open space provided in or adjacent to the development. 

Complies

Townhouse 1 is oriented towards the public open space along Machair Drive.

 

Townhouses 2 & 3 are located at the rear of dwellings 1 and oriented towards Spindrift Way.

B12 (Safety) - The Layout of the development provided for the safety and security of residents and property.

Complies

Entrances to the dwellings are not obscured or isolated from the street and the development provides good surveillance of the car parks by providing windows from the bedrooms of the first floor level. This is considered consistent with the requirement of this standard.

B13 (Landscaping) - Has a satisfactory landscaping plan be provided.

Does not Comply

A landscape plan has not been provided. However, the proposed layout shows some canopy trees within the front setback and the private open spaces.

 

It should be noted that the development does not provide for the protection of the existing street trees along Spindrift Drive which are considered as predominant landscape features of the neighbourhood. The proposed layout of the development will result to the potential removal of two street trees which will have significant impact on the existing and neighbourhood character. This is considered inconsistent with the requirement of this standard

B14 (Access) - To ensure the number and design of vehicle crossings respects the neighbourhood.

Partially Complies

The existing crossover from Machair Drive will be utilised for access to Townhouse 1 and will cover approximately 25% of the frontage. Two new crossovers are proposed via Spindrift Way for access to the Townhouse 2 & 3. The width of the two proposed crossovers from Spindrift Drive will cover approximately 29.6% of the frontage along Spindrift Way. This is consistent with the requirements of this standard.

 

However, it is considered that the proposal does not comply with the objective or the standard which seeks to ensure that the number and design of vehicle crossovers respects the neighbourhood character. It is considered that the number of crossovers proposed via Spindrift Way does not respect the neighbourhood character.

Furthermore, it is considered that the number of crossovers proposed will limit the opportunity for on street car parking along Spindrift Way this was noted in the previous VCAT decision (P1561/2015) relating to the subject site.

 

Also, the proposal is inconsistent with the decision guideline of this standard in that the distance provided between the crossover of Townhouse 2 and two existing street trees is not sufficient. The two street trees will need to be removed to cater for the proposed crossover.

B15 (Parking Location) – To provide convenient parking for resident and visitor vehicle- to protect residents from vehicular noise within developments.

Complies Via Condition

Townhouse 2 & 3 are provided with two parking spaces within close proximity to the entrances. Townhouse 1 is provided with a single garage with adequate space at the front of the garage to accommodate a tandem space. It is considered that the proposal meet the requirement of this standard with a condition requiring the dimension of the tandem space for Townhouse 1 in accordance with the requirement of Clause 52.06.

B17 (Side and Rear Setbacks) – To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on amenity of existing dwellings.

Complies

The side and rear setback of the development varies between 1.15m and 6.7m on the ground floor, with the exception of the walls on the boundary.

 

The first floor is setback by a minimum of 1.65m from the side and rear boundaries. This setback complies with the requirement of this standard which is calculated as, 1m+ 0.3m for every metre of height over 3.6 up to 6.9. With the application of this calculation, the development requires a minimum of 1.48m side and rear setback. The proposal meets the setback requirements of this Standard.

B18 (Walls on Boundaries) – To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of the existing dwellings.

Complies

Based on this standard, the permissible wall along the boundary of 4 Machair Drive is 16m and the application proposes 6.46m wall length. Also, 12.2m wall is permitted along the boundary of 38 Spindrift Way and only 6.55m wall length is proposed. The development complies with the requirements of this standard as it has less walls on boundaries than permissible under the standard.

B19 (Daylight to Existing Windows) – To allow adequate daylight into existing habitable room windows.

Complies

There is an existing dwelling at No 38 Spindrift Way. While the garage of Townhouse 3 is located on the boundary of No 38 Spindrift Way, the first floor level is setback by approximately 1.8m from the boundary. This standard requires new development to be setback by at least 1m to enable adequate daylight into existing habitable room window. However, the setback may include land on the abutting lot.

 

The development at 38 Spindrift Way is currently setback by approximately 1.9m this is considered in accordance with the requirement of this standard.

B20 (North Facing Windows) – New developments must allow adequate solar access to existing north-facing habitable room windows.

Not Applicable

There are no existing north facing windows adjoining the development as the subject site abuts a vacant lot to the north.

B21 (Overshadowing Open Space) - To ensure buildings do not significantly overshadow existing secluded private open space.

Complies

Shadow diagrams submitted with the proposal demonstrate that there will be no unreasonable overshadowing to existing private open space area of the adjoining dwellings.

B22 (Overlooking) - To limit views into existing secluded private open space and habitable room windows.

Complies

The application proposes obscure glass for the windows along the northern elevation of Townhouse 1, 2 & 3 to prevent overlooking into existing secluded private open space and habitable room windows. This is consistent with the requirement of this standard.

B23 (Internal Views) - To limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development.

Complies via Condition

Windows are located and screened to reduce the potential for internal overlooking. If Council was in the position to issue approval, the permit would have been conditioned to require a fence between the secluded private open spaces of Townhouse 2 & 3. This is consistent with the requirement of this standard.

B24 (Noise Impact) - To contain noise sources in developments that may affect existing dwellings and protect residents from external noise.

Complies

It is expected that the proposed development will generate some level of noise. However, it is considered that the noise sources emitted from each of the proposed dwellings would be similar to that of other residential developments in the area.

B25 (Accessibility) - To encourage the consideration of the needs of people with limited mobility in the design of developments.

Complies

The site is generally flat and the Townhouses feature internal living areas and kitchen on the ground floor level. Also the car parking spaces are in close proximity to the front entrance porch and would serve persons with limited mobility.

B26 (Dwelling Entry) - To provide each dwelling or residential building with its own sense of identity.

Complies

Each of the dwellings features a distinctive entrance that will be visible from the street.

B27 (Daylight to New Windows) - To allow adequate daylight into new habitable room windows.

Complies

All habitable room windows face outdoor space of a minimum area of 3sqm and 1m clear to the sky.

B28 (Private Open Space) - To provide adequate private open space for the reasonable recreation and service needs of residents.

Complies

Each of the townhouses are provided with over 40 square metres private open space, with  a minimum  secluded area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room. This is consistent with the requirement of this standard.

B29 (Solar Access to Open Space) - To allow solar access into the secluded private open space of new dwellings and residential buildings.

Complies

The private open space of Townhouse 2 &3 are located towards the north to enable adequate solar access.

 

The private open space of Townhouse 1 is located on the southern side of the site. This standard requires the private open space to be setback from the southern wall by 4.43m from the ground floor and 6.99m from the first floor. The application proposes a minimum setback of 5m on the ground floor and 7.3m on the first floor. This is consistent with the requirement of this standard.

B30 (Storage) - To provide adequate storage facilities for each dwelling.

Complies via Conditions

Townhouse 2 & 3 is each provided with a 6 cubic metre external storage area. However, storage is not provided for Townhouse 1.  If approval were to be issued a condition requiring 6 cubic metre external storage area for Townhouse 1 would have been required on the permit.

B31 (Design Detail) - To encourage design detail that respects the existing or preferred neighbourhood character.

Partially Complies

While the proposed elevation shows some recession of built form on the first floor, the development still poses negative visual impact on the streetscape and surrounding, especially along Spindrift Way.

B32 (Front Fences) - To encourage front fence design that respects the existing or preferred neighbourhood character.

Not Applicable

No front fence is proposed.

B33 (Common Property) - To ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained and to avoid future management difficulties in areas of common ownership.

Not Applicable

No common property is proposed.

B34 (Site Services) - To ensure that site services can be installed and easily maintained and ensure that site facilities are accessible, adequate and attractive.

Complies/Conditional

The plans show the location of meter boxes, letterboxes and bin enclosures for all the dwellings. A clothesline is not provided for Townhouse 1 but provided for Townhouse 2 & 3. This can be addressed through a permit condition.

 

General Provisions

 

Clause 65 – Decision Guidelines

 

The application is not considered consistent with the Decision Guidelines of Clause 65 of the Wyndham Planning Scheme. In particular, the proposal will detract from the orderly planning of Wyndham.

3.      City Plan

2.1  City Image - To enhance Wyndham's character and liveability through neighbourhood planning and civic improvement projects.

 

4.      Council Policy

The application has been assessed against the Housing and Neighbourhood Character Strategy and Neighbourhood Character adopted by Council on 24 August 2015 at the Ordinary Council Meeting. Also, the application addresses the requirements of planning principles for residential growth as identified in the Municipal Strategic Statement and the existing Neighbourhood Character Policy contained within the Wyndham Planning Scheme.

 

5.      Financial Implications

There will be no financial implications arising from the development.

 

6.      Social Implications

There will be no adverse social implications for Council from this recommendation

7.      Environmental Implications

The development would result in the loss of some of the established street trees (Eucalyptus sp) within the nature strip of the site to accommodate the crossover.

8.      Economic/Employment Considerations

There are no adverse economic implications for Council.

9.      Community Consultation

The application was advertised pursuant to Section 52 of the Planning and Environment Act 1987 by way of letters to adjoining land owners and occupiers and two notices placed on the subject site for a period of 14 days. As a result of the advertising process, a total of 21 objections were received.

 

As a result of the 21 objections, the application was a topic at the Council’s Town Planning Forum which was held on 23 November 2016.  The Planning Forum Meeting was an opportunity for those who objected to the proposal to air their concerns directly to Councillors. The applicant was also given the opportunity to make a presentation on the development.

 

The meeting was attended by Councillors, Director City Operations, Planning Staff and those who objected to the proposal. The applicant was not present or represented at the meeting. The outcome of the meeting was a presentation of views about the concerns of residents and appreciation of these concerns by Councillors and officers. No decision or recommendation was made at the Planning Forum.

 

The main points of the written objections received combined with those raised at the Forum are summarised and addressed below:

 

Objections

Officer Response

·    Neighbourhood Character

·    Does not respect the local context and street pattern.

 

The proposal has been assessed against the existing neighbourhood character and it is considered that the proposed townhouses are not appropriately positioned to respond to the key features of the site.

 

The proposed development is not considered to be respectful of the existing building rhythm along Spindrift Way as the pattern and siting of the townhouses are not consistent with that of the existing dwellings.

 

Overall, it is considered that the proposed development does not meet the objective of Clause 55.02-1.

Amenity Impact

·    Detrimental impact on the surrounding.

·    Visual impact

It is agreed that the development will be visually intrusive should the street trees that can soften the development be removed to cater for the crossover to Townhouse 2.

Traffic

 

 

Previous application for four double storey dwellings was referred to Council’s Traffic Engineer who assessed the impact of the development on the existing street networks. However, no major concerns were raised subject to the provision of onsite car parking in accordance with the requirements of Clause 52.06. The development provides onsite car parking spaces in accordance with the requirements of Clause 52.06.

·   
Car Parking

·    On street parking

·    Parking on the nature strip

 

The application proposed two car spaces for each of townhouse 2 & 3. Townhouse 1 is provided with a single garage with sufficient space at the front of the garage for a tandem space. With condition requiring the dimension of the tandem space, car parking provision is considered in accordance with the requirement of Clause 52.06.

·    Proposal in breach of the vendor statement pursuant to Section 32 of the sale of the Land Act 1962.

·    Contrary to the current caveats and covenant on the property.

The requirement of Section 32 of the Land Sales Act 1962 is not a planning consideration and has no bearing on the proposal.

 

No restrictive covenant is registered on the certificate of title.

Noise and Pollution

It is expected that the proposed development will generate some level of noise. However it is considered that the noise sources emitted from each of the proposed dwellings would be similar to that of other residential developments in the area.

Privacy / Overlooking

A 1.8m timber paling fence is provided along the boundaries to prevent overlooking onto surrounding private open spaces. Also, the windows on the first floor with the tendency of overlooking are to be screened in accordance with the requirements of Standard B22.

·    Poor planning practice.

·    Do not meet current state building guidelines.

The application has been assessed against the relevant policies in the Planning Scheme. This will enable the planning and development of the area in an orderly manner. Building guidelines are not a relevant planning consideration.

Devaluation of property

This is not a planning consideration.

A blind spot for motorist on corner of Machair Drive and Spindrift Way will be impacted and leads to higher risk for children playing in the park and tennis court adjacent to the land.

Previous application for the development of 4 dwellings at the site was reviewed by Council’s Traffic Engineering Unit; however, no concerns were raised.

Overshadowing / sunlight will be reduced to the surrounding dwellings.

The shadow diagram has been reviewed and there are no overshadowing concerns. All the adjoining private open spaces will receive adequate sunlight as per the requirements of standard B21.

The development is set a precedent for other developments in the area.

Each application is considered on its own merit. This application has been considered against the Wyndham Planning Scheme, including requirements for neighbourhood character.

Removal of street trees to accommodate the development.

Council’s tree planner has assessed the removal of the trees and provides comments accordingly. It is considered that the removal of any street tree from this part of Spindrift Way will impact on the established streetscape.

Placement of large amount of units on a small block of land contrary to the character of the area (overdevelopment).

The proposal meets the site coverage standard.

Negative impact on housing price and the future sustainability of the neighbourhood.

Planning policies seek to provide housing affordability and it is recognised that the development will contribute to housing affordability. However, planning is also required to provide for the fair, orderly, economic and sustainable use, and development of land.

 

While the proposal will contribute to housing affordability, it will not contribute to the orderly planning of the area.

Drive way of Townhouse 3 will be located over a storm water drain.

The previous application was reviewed by Council’s Drainage Engineer but no concerns were raised subject to conditions.

The garage of townhouse 3 will be located over an easement.

The site is only affected by a 2m wide easement which is along the front boundary of the site. No building and works is proposed on the easement.

Advertising board for the application was not maintained on site

Applicant provided a statutory declaration that the sign was erected and maintained for the advertising period in accordance with the requirement of the P&E Act.

VCAT refusal

The grounds of VCAT refusal are considered in this assessment. Refer to VCAT assessment section of this report.


 

10.    Conclusion

Based on the above assessment against the relevant provisions of the Wyndham Planning Scheme, previous VCAT decision relating to the subject site and a review of the objections received and concerns raised at the Town Planning Forum, it is recommended that when presenting the application to VCAT, Council advises that if Council was in the position to make a decision that Council would have refused the application.

 

 

 

 

 


Strategic & Town Planning

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: WYP8983/16

 

 

Item No: 6.4.6

Director City Operations - Stephen Thorpe

 

 

 

Planning Permit Application - Residential Subdivision and works within an ESO at 121-125 Farm Road, Werribee (Vineyard 2 Estate)

 

Summary

Application WYP8983/16 was received on 8 February 2016 and follows Vineyard 2 Estate Development Plan endorsement by Council on 26 October 2015.

The application proposes a residential subdivision of land at Lot 1 on TP097817P, known as 121-125 Farm Road, Werribee.  The subject site is the most southern land parcel of the Vineyard 2 Estate area (i.e. Parcel 3 on the Development Plan).

The proposal includes a total of 30 lots (comprising 29 conventional residential lots and 1 large superlot for future medium density residential), with additional land alongside the Werribee River to be transferred to Council as a reserve.

The site is General Residential Zone with a Development Plan Overlay (DPO), and an Environmental Significance Overlay (ESO) over the easternmost part of the site.  A planning permit is required for subdivision, and works within the ESO.

The application is exempt from notice and review as it is considered to be generally in accordance with the Development Plan.  Notwithstanding, as per Council protocol and in line with a previous commitment to the existing residents of Vineyard 1 Estate, non-statutory (comments only) notice of the application was provided to nearby residents.  27 non-statutory objections have been received. The application was heard at the Council Town Planning Forum on 23 November 2016.

The applicant has appealed to VCAT for failure to determine within the prescribed timeframe (60 days).  A VCAT Hearing is scheduled for 14 March 2017.  Council needs to form a position on the application to present to VCAT.  A decision was not made within the prescribed timeframe given the complexity of the application and that Council’s protocol to provide non-statutory notice on applications within Development Plan Overlay areas, triggering a Planning Forum with the number of objections received.

Following a detailed assessment of the proposal against the Wyndham Planning Scheme, it is considered that the proposal can be supported, subject to permit conditions.

 

Attachments

1.

Proposed Subdivision Plan

2.

Approved Vineyard 2 Estate Development Plan (for reference)

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Operations – Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Planning & Building – Peter Van Til

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Principal Planner – Tim Webb

In providing this advice as the Author, I have no disclosable interests in this report.


 

Key Issues

·        Compliance with the Wyndham Planning Scheme

·        General accordance with the Vineyard 2 Estate Development Plan

·        Lot/development densities

·        Tree reserve and road widths

·        Non-statutory objections

 

RECOMMENDATION

That Council resolve to advise VCAT that should Council be in a position to make a decision on the application, Council would issue a planning permit for Residential Subdivision and works within an ESO, at 121-125 Farm Road, Werribee, subject to the following conditions:

Amended Plans

 

1.         A plan of subdivision must not be lodged with the Council for certification under the Subdivision Act 1988 until a modified plan has been submitted to and approved by the Responsible Authority.  When approved the plan will be endorsed and will then form part of this permit.  The plan must be generally in accordance with the plans Version 9 dated 16.11.2016 prepared by SMEC but modified to show in particular:

 

a)   Renaming of ‘Local Park’ to River Reserve’.

b)   River Reserve area shown as encumbered open space in the Land Budget table.

c)   Notation to clarify tree reserve not part of open space contribution.

 

No subdivision layout alteration

2.         The subdivision permitted by this permit 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.

 

Single Dwelling Covenant Restriction

 

3.         Prior to the issue of a Certification for any stage of the subdivision including residential lots, apart from the medium density residential lot shown in the endorsed plan, a single dwelling covenant restriction applying to all the conventional residential lots is to be registered on title, to the satisfaction of and at no cost to the Responsible Authority.  For lots where access is provided via an extended driveway formation, there is to be no sunset clause/end date on the single dwelling restriction.

 

Building Envelopes (lots greater than 300sqm)

4.         Prior to the issue of a Statement of Compliance for each stage of the subdivision under the Subdivisions Act 1988, where Building Envelopes are proposed a plan showing Building Envelopes for each lot greater than 300 square metres in area must be submitted to and approved in writing (endorsed) by the Responsible Authority. The approved Building Envelopes will be endorsed under this permit. The restriction must provide for:

 

a)   Building envelope plans that apply to each relevant lot;

b)   All buildings to conform to the building envelope on the relevant lot;

c)   The construction of a building outside the building envelope only with the written consent of the responsible authority.

Once approved, the building envelopes must be applied and registered as a restriction (eg. MCP/Instrument) on Title.

 

River Reserve Handover

 

5.         Prior to Statement of Compliance of any stage of the subdivision, the land adjacent to the Werribee River within the subject site is to be vested in Council, in accordance with the Section 173 agreement on title.

 

Landscape Conditions (6-18)

 

Landscape Works Streetscape

 

6.         Landscape plans are required to be submitted to and approved by Council’s City Presentation Department prior to the issue of a Statement of Compliance. These plans will show the development of nature strips, paths and shared trails, and landscaping as appropriate. The landscape works shown on the plans will be delivered by the applicant as part of the overall development. The following is also required to be shown on the plans:

a)    All surface treatments

b)    The botanical name, height and width at maturity, calliper, and location of all vegetation to be used.

c)    A method of preparing surface drainage, watering and maintaining the landscape area.

            An accompanying works specification must be submitted to Council.

 

Landscape Works Reserve

 

7.         Landscape plans are required to be submitted to and approved by Council’s City Presentation Department prior to the issue of a Statement of Compliance. These plans will show the development of reserves to include playgrounds, paths and shared trails, park furniture, landscaping and recreation facilities as appropriate to the size and proposed use of the reserve, and in accordance with the endorsed plans. The landscape works shown on the plans will be delivered by the applicant as part of the overall development. The following is also required to be shown on the plans:

 

a)   All surface treatments.

b)   The location, type and height of all fencing.

c)   The botanical name, height and width at maturity, and location of all vegetation to be used.

d)   A works specification, and the method of preparing, draining watering and maintaining the landscape area.

e)   A barrier, where necessary, to prevent vehicles causing damage to garden areas.

f)    Estate entries and plantings in other then public areas to soften built form and enable transition between riparian and other indigenous areas to exotic or groomed landscapes.

g)   Extensive tree planting in the tree reserve.

 

The landscaping is to be present a high quality outcome, maximising the number of trees in the streetscape.

 

Substation kiosks as required to service residential and other private lots must not be located in or immediately adjacent to landscape reserves.

 

Landscaping of Reserves including Rubbish/Weed Removal

8.         The reserve(s) shown on the endorsed plan(s) must be cleared of all rubbish, noxious weeds, debris and spoil and must be levelled, graded and developed to the satisfaction of the Responsible Authority, specifically Council’s City Presentation Department, to allow for future maintenance by Council.  Such landscaping must be in accordance with a plan approved by the Responsible Authority prior to issue of Statement of Compliance of the Plan of Subdivision.

 

Open Space Fee

9.         The owner of the subject land must pay to the Council a sum equivalent to 5% of the site value of all the land in the subdivision.  The payment must be made prior to the issue of a Statement of Compliance and may be adjusted in accordance with Section 19 of the Subdivision Act.

 

Fencing of Reserves

 

10.       Where lots shown on the endorsed plan(s) have a common boundary with any Reserve for Municipal Purposes, Tree Reserve, Floodway Reserve, etc. such boundary must be fenced to the satisfaction of and at no cost to the Responsible Authority in accordance with the approved landscape plan/s.

 

Landscaping Bonds

11.       Unless agreed otherwise by the Responsible Authority, landscaping bonds to a value agreed to be the Responsible Authority, must be paid prior to the issue of Statement of Compliance.  These bonds are to comprise 150% of the total value of the landscaping works to cover the outstanding works and a further 35% of the total landscaping cost to cover the maintenance Period.

 

Street Trees

12.       The owner or developer of the subject land must plant street trees within the subdivision permitted by this permit to the satisfaction of the Responsible Authority.  Such street tree planting must be in accordance with the plan approved by the Responsible Authority.

 

Landscape Maintenance

 

13.       The landscaping maintenance period will be for a minimum two (2) years from practical completion prior to Handover to the Responsible Authority.  During this period, the developer must maintain the landscaping works to the satisfaction of, and at no cost to, the Responsible Authority. Handovers will not be accepted during the months of December, January and February. Detailed ‘as constructed’ plans, in a format agreed with Council, must be provided prior to the issue of the Practical Completion Certificate.

 

Weed Control

14.       Weed control of the identified serious threat environmental weeds and all noxious weed species must occur prior to any development and removal/relocation of soils. Such weeds (and any colonies in the event of soil disturbance or importation of soils and other actions) as well as any regrowth of previously controlled weeds are to be controlled throughout the development process and maintenance period. Weed control must be at no cost to and to the satisfaction of the Responsible Authority before the site is transferred to Council for future management/maintenance.

 

O-Spec Drawing Requirement

15.       Prior to the issue of a Practical Completion for any stage of the subdivision, the following must be submitted to the satisfaction of the responsible authority:

 

a)    An electronic copy of all ‘as constructed’ landscape drawings, and relevant files in both Autocad DWG and Adobe PDF file formats on Compact Disk. The minimum resolution of the PDF required is 300dpi.

 

b)    ‘As-constructed’ open space/landscape asset information for open space/landscape and related assets in digital format in accordance with O-Spec (the Consultant/Developer Specifications for the delivery of the digital data to Local Government).

 

Protection of Trees in River Reserve

 

16.       All existing site trees in the future river reserve are to be protected from construction activity in accordance with AS4970 Protection of Trees on Development Sites.

 

Works in Tree Reserve

 

17.       Construction work affecting the existing trees in the proposed tree reserve is to be supervised by a qualified arborist, to ensure all reasonable and practical measures are undertaken to preserve and protect and as many existing trees as possible.

 

Engineering Subdivision Conditions (18-30)

 

Stage Plan

 

18.       A sequential staging plan must be submitted to and approved by the responsible authority.  When approved, the staging plan will be endorsed and will then form part of the permit. The subdivision of the land must proceed in the order of stages shown on the endorsed plan except with prior written consent of the responsible authority.

 

Servicing Strategy

 

19.       Prior to the submission and approval of functional layout plans, a servicing strategy for the subdivision must be submitted to and approved by the responsible authority.  The strategy must include a servicing plan which is drawn to scale.  The servicing plan must show:

 

a)    The subdivision layout;

b)    Subdivision staging; and

c)    The locality of trunk utility services required to service the subdivision, including the distribution of water, recycled water, gas, sewer, power, telecommunications and preliminary location of reserves for electrical kiosks.

 

Functional layout plan

20.       Prior to the submission and approval of construction plans (engineering plans) and the certification of the relevant plan of subdivision for each stage, a functional layout plan for the subdivision or stage of subdivision, must be submitted to and approved by the responsible authority.  This plan must be in accordance with the endorsed Subdivision Permit Plan.

 

When approved, the functional layout plan will be endorsed and will then form part of the permit.  The functional layout plan must be drawn to scale, with dimensions, and must show:

 

a)    the subdivision layout, including preliminary street names, lot areas, lot numbers and the width of each road reserve;

b)    topography and existing features, including contours for the subject land and any affected adjacent land;

c)    the location of all trees or groups of trees existing on the site, including dead trees and those that overhang the site from adjoining land;

d)    details of tree protection zones for all trees to be retained on site;

e)    any trees proposed for removal  from the site clearly designated;

f)     typical cross sections for each road, demonstrating service offsets and street trees;

g)    a table of utility services and street trees;

h)    location and alignment of kerbs, indented parking bays, footpaths, shared paths, bus stops and traffic control devices (signals, roundabouts, splitter islands, etc.) including critical swept path diagrams and turning templates;

i)     the proposed minor drainage network and any land required for maintenance purposes;

j)     the major drainage system, including outfall drains, wetlands and/or waterways and any land required for maintenance purposes;

k)    overland flow paths (100 year ARI) to indicate how excess runoff will safely be conveyed to its destination;

l)     the drainage outfall system indicating a legal point of discharge for all allotments and any access requirements for construction and/or maintenance;

m)   preliminary location of reserves for  electrical kiosks;

n)    works external to the subdivision, including both interim and ultimate access requirements;

o)    provision of notional on-street parking for all lots at a rate of one car space per dwelling; and

p)    intersections with Farm Road as well as Farm Road fronting the length of the development showing interim and ultimate treatments.

 

Certification plan requirements

21.       An endorsed copy of the plan(s) to be certified under the Subdivision Act must form part of this permit.  The plan must show all bearings, distances, street names, lot numbers and any necessary easements and reserves, in accordance with the approved Functional Layout Plan. 

 

Construction Plans

22.       Before any road and/or drainage works associated with the subdivision commence, detailed construction plans must be submitted to and approved by the responsible authority.  The construction plans will not be considered until the functional layout plan(s) for the relevant stage has been approved and the plan of subdivision has been lodged for certification with the responsible authority.  When approved, the construction plans will be endorsed and will then form part of the permit.  The construction plans must be drawn to scale, with dimensions, and must include:

 

a)      Engineering plans, sewer and water reticulation plans, drainage computations and catchment plans, traffic assessment reports, geotechnical reports, pavement design and specifications of the proposed works that are to become public assets;

b)      all details of works consistent with the approved Functional Layout Plan and lodged plan of subdivision;

c)      design for full construction of pavements with kerb and channel in accordance with the approved Functional Layout Plan;

d)      concrete footpaths/shared paths in all streets and reserves in accordance with the approved Functional Layout Plan/Precinct Structure Plan;

e)      underground drainage;

f)       all aspects of the stormwater drainage system including drainage reserves, retarding basins, wetlands, stormwater connections, outfalls and any Water Sensitive Urban Design measures (where applicable);

g)      a drainage asset management and maintenance schedule (where applicable);.

h)      indented car parking bays where appropriate;

i)        temporary turn around areas for waste collection vehicles at the temporary end of any road that services more than two (2) lots;

j)        provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan.  Each lot created by the subdivision permitted by this permit must be provided with all services to the satisfaction of the Responsible Authority;

k)      a vehicle crossing to each lot in accordance with Council standards;

l)        location of public lighting and underground electricity supply within all streets;

m)     details of any traffic control measures;

n)      details in relation to any  cut and/or fill on the site;

o)      details of any tree protection zones;

p)      splays (min 3m x 3m) which must be provided at all intersections of the local road networks;

q)      splays of 2m x 2m which must be provided at the intersection with any laneway

r)       street  signs in accordance with Council’s standard design;

s)       details of the proposed treatment and provision for lot boundary fencing adjoining all reserves other than road reserves;

t)       appropriate methods for protecting environmental and heritage assets during the construction phase of the subdivision;

u)      high stability permanent survey marks;

v)      appropriate signage;

w)      intersection with Farm Road as well as Farm Road fronting the length of the development

 

Works must not commence prior to the issue of a certified plan of subdivision and approval of engineering construction plans. All works shown on the endorsed plans must be constructed in accordance with the approved plans, guidelines and specifications prior to Council issuing a Statement of Compliance for the relevant stage

 

Vehicle Access – Farm Road

23.       Vehicle access to and egress from the subdivision permitted by this permit must be designed and constructed to the satisfaction of the Responsible Authority and must include provision of passing and deceleration lanes on Farm Road.  Such roadworks must be designed and constructed at no cost to Council.

 

Residential Stormwater Drainage

24.       Provision must be made for the drainage of each allotment shown on the endorsed plan(s) to the requirements and satisfaction of the responsible drainage authority.  Drainage of the subject land for residential purposes must be provided by underground drainage systems catering for up to 1 in 5 year storm return periods.  Flows in excess of 1 in 5 year storm return periods, up to and including 1 in 100 year storm return periods must be accommodated in separate channels and/or within the road reserves and/or within the provided drainage system

 

All urban storm water systems must incorporate measures to satisfy the objectives of “Best Practice Environmental Management Guidelines” (CSIRO 1999) to reduce or retain in total:-

 

a)   80% of suspended solids;

b)   45% phosphorus;

c)   45% nitrogen; and

d)   70% litter/gross pollutants larger than 5mm.

 

The proposed GPT should be sized such that it caters for the entire development proposed in the Vineyard Estate Stage 2 Development area.

 

Commercial/Industrial Stormwater Drainage

25.       Provision must be made for the drainage of each allotment shown on the endorsed plan(s) to the requirements and satisfaction of the responsible drainage authority.  Drainage of the subject land for commercial/industrial purposes must be provided by underground drainage systems catering for up to 1 in 10 year storm return periods.  Flows in excess of 1 in 10 year storm return periods, up to and including 1 in 100 year storm return periods must be accommodated in separate channels and/or within the road reserves and/or within the provided drainage system

 

All commercial/industrial storm water systems must incorporate measures to satisfy the objectives of “Best Practice Environmental Management Guidelines” (CSIRO 1999) to reduce or retain in total:-

 

a)   80% of suspended solids;

b)   45% phosphorus;

c)   45% nitrogen; and

d)   70% litter/gross pollutants larger than 5mm.

 

Filling of land

26.       Before any filling works associated with the subdivision commence, bulk earthworks plans must be submitted to and approved by the responsible authority. When approved, the bulk earthworks plans will be endorsed and will then form part of the permit. Works must not commence prior to the approval of an SEMP. All works shown on the endorsed plans must be done under ‘Level 1 Inspection and Testing’ conditions, as per Australian Standard AS3798.  Level 1 test reports, compiled by a reputable geotechnical engineer, must be submitted to council prior to the issue of a Statement of Compliance.

 

The owner or developer of the subject land must ensure that wherever the approved construction plans for roadworks and drainage show filling exceeding 300mm compacted depth (finished surface level) within any lot created by the subdivision, the existence of such filling must be made known to any prospective purchaser of such lot.  Information on the construction plans relating to the filling of any lot must be referred to when completing a statement pursuant to Section 32 of the Sale of Land Act.  The owner or developer is to demonstrate to the satisfaction of the Responsible Authority that any fill from an on-site source is not contaminated.

 

Construction vehicle Access

27.       During construction works under this permit, access to and egress from the subject land must be via a route approved by the responsible authority.

 

Fences abutting open space reserves

28.       Where lots shown on the endorsed plan(s) have a common boundary with any Reserve for Municipal Purposes, Tree Reserve, Floodway Reserve, etc. such boundary must be fenced to the satisfaction of and at no cost to the Responsible Authority prior to the issue of a Statement of Compliance under the Subdivision Act.

 

As Constructed Plans

29.       Prior to the issue of a Statement of Compliance for any stage of the subdivision, the following must be submitted to the satisfaction of the responsible authority:

 

a)   An electronic copy of all ‘as constructed’ drawings, and relevant files in both AutoCAD DWG and Adobe PDF file formats.  The minimum resolution of PDF required is 300dpi;

b)   An electronic copy of the 1 in 5 and 1 in 100 year catchment plans and relevant computations in Adobe PDF file formats

c)   ‘As-constructed’ asset information for drainage and related assets in digital format in accordance with D-Spec (the Consultant/Developer Specifications for the delivery of digital data to Local Government);

d)   ‘As-constructed’ asset information for assets within the road reserve in digital format in accordance with R-Spec (the Consultant/Developer Specifications for the delivery of digital data to Local Government).  Street tree data is to be supplied in accordance with R-Spec prior to the issue of the Certificate of Practical Completion for landscape works; and

e)   A Certificate of Compliance for Design and a Certificate of Compliance for Construction for the following infrastructure items constructed as part of the subdivision development:

i.   Retaining walls;

ii.  Entrance structures;

iii.  Bridges;

iv. Culvert structures; and/or

v.  Other structures as applicable

 

 

 

Reticulated Services

30.       Prior to the issue of a Statement of Compliance, reticulated water, drainage, sewerage and electricity reticulation underground must be available to each lot, including reserves, shown on the endorsed plan.

 

New Site Environmental Management Plan Condition

 

31.       Prior to the commencement of any works, including works required by other authorities, a Site Environmental Management Plan, covering the whole of the subject site (including the part of the site adjacent to the Werribee River), must be submitted to and approved by the responsible authority.  When approved, the Site Management Plan will be endorsed and will then form part of the permit. 

The SEMP must be in accordance with Council’s SEMP template and guidelines.  The approved SEMP must be implemented at all times to the satisfaction of the Responsible Authority.  Any non-compliance may be enforced under the Planning and Environment Act and other related legislation.

Access to the site must be available at all times for Council representatives to monitor implementation of the SEMP.

The SEMP applies for all works approved in this Permit up to where public land is handed over (and accepted) by the relevant authority and the remainder is completely in private ownership.

a)    Prior to commencement of works, contractors must be inducted into the SEMP and all flora and fauna conservation requirements.

b)    Prior to certification, the works zone must be enclosed by secure and obvious temporary fencing. Fencing abutting the conservation reserve must be signposted as ‘vegetation protection zone no work permitted’. The work zone fence must remain in place until works are completed. Fill, machinery and building materials must not be placed outside of the works zone.

c)    All litter and building waste must be contained on the site and must not be allowed to leave the site until the time it is correctly disposed of.

d)    Remnant trees that are being retained in public open space must have bollards placed around the Tree Protection Zone (as defined by Australian Standard AS 4970). The area under the tree must be mulched and planted with appropriate ground cover species to the satisfaction of the Responsible Authority.

e)    All earthworks must be undertaken in a manner that will minimise soil erosion and adhere to Construction Techniques for Sediment Pollution Control (EPA 1991) or updated version.

f)     Any construction stockpiles, fill and machinery must be placed away from areas supporting native vegetation and drainage lines to the satisfaction of the responsible authority.

g)    Noxious weeds and serious threat environmental weeds must be controlled. Any weed infestations resulting from soil disturbance and/or the importation of sand, gravel and other material used in the construction process must be controlled. Weed control must be at no cost to and to the satisfaction of the Responsible Authority.

h)    Prior to felling, trees identified for removal must be examined by a qualified zoologist for the presence of fauna, including those using external nests (e.g. Common Ringtail Possums, bird nests) and tree hollows. If native fauna species are located, they are to be salvaged and relocated in accordance with all relevant legislation and approvals, further to consultation with the Department of Environment, Land, Water and Planning.

i)     Prior to the removal of any tree, the applicant is to consult with Council’s Environment Department and submit a strategy to the Responsible Authority for the retention/re-use of the tree parts on site (including the Werribee River reserve) or for their use for public/street infrastructure elsewhere.

 

Agreement with relevant authorities for utility services

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

 

Serviced Lots

33.       Prior to its use for any purpose, each lot created by the subdivision permitted by this permit must be provided with reticulated water, sewerage and electricity, roads and drainage to the satisfaction of the Responsible Authority.

 

Provision of Telecommunications services

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

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

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

 

Telecommunications services prior to SoC

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

a)   a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b)   a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

 

Easements to be set aside

36.       All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. Easements will not be permitted on areas set aside as unencumbered open space.  Where there is no alternative available, compensation will be payable at a valuation determined by the Responsible Authority.

 

Fire Hydrant Requirements

37.       Hydrants and fire plugs must be compatible with the relevant fire service equipment. Where the provision of fire hydrants and fire plugs does not comply with the requirements of standard C29 (Clause 56 - ResCode), fire hydrants must be provided to the satisfaction of the relevant fire authority.

 

Removal of excavated material

38.       Approval for the removal and disposal of any excavated material or top soil from the subject land is required from the Council.

 

Dust from material stockpiles

39.       Adequate measures must be undertaken to ensure dust from materials stockpiled does not affect adjoining properties or surrounding area, to the satisfaction of the Responsible Authority. Adequate measures to control dust must be in place at all times whilst works are being undertaken to the satisfaction of the Responsible Authority.

 

During Construction

40.       Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours as defined by the Public Health and Wellbeing Act 2008. Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

 

Certified Plans to be referred under S8 of Subdivision Act

41.       The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

 

Environmental Health Conditions (42-44)

42.       Wastewater generated onsite must be connected to a legal point of discharge, including existing property.

 

43.       Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

 

44.       If there are existing onsite wastewater treatment systems (septic tanks) they must be decommissioned, all disposal areas must have soil removed and replaced with clean fill.

 

Melbourne Water Conditions (45-46)

 

45.       Prior to the issue of a Statement of Compliance, the Owner shall enter into and

comply with an agreement with Melbourne Water Corporation for the acceptance of

surface and storm water from the subject land directly or indirectly into Melbourne

Water’s drainage systems and waterways, the provision of drainage works and other

matters in accordance with the statutory powers of Melbourne Water Corporation.

 

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

 

City West Water Conditions (47-49)

 

47.       It is essential the owner of the land enters into an agreement with City West Water for the provision of water supply.

48.       It is essential the owner of the land enters into an agreement with City West Water for the provision of sewerage.

 

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

Downer Tenix Condition (50)

 

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

Powercor Conditions (51-52)

 

51.       The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

52.       The applicant shall:-

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

·    Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

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

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

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

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

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

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

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

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

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

 

Satisfactory Continuation of Subdivision

53.       The subdivision permitted by this permit must be carried out to the satisfaction of the Responsible Authority.

 

Completion of Subdivision

54.       This permit will expire if (any of the following apply):

·      The Plan of Subdivision for the first stage is not certified within two (2) years of the date of this permit; or

·      The Plan of Subdivision for the last stage of the subdivision is not certified within five (5) years of the date of this permit; or

·      The registration of the last stage of the subdivision is not completed within five (5) years of the certification of that Plan of Subdivision.

The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply:

a)   before or within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started; or

b)   within twelve (12) months after the permit expiry date, where the proposal allowed by the permit has lawfully started before the permit expires.

 

Permit Footnotes

 

Expiry of Permit

FOOTNOTE: In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a new permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, the planning scheme or policy.

 

Protection of Aboriginal Heritage Places

FOOTNOTE: All Aboriginal places and objects in Victoria are protected under the Aboriginal Heritage Act 2006. It is an offence to wilfully or negligently disturb or destroy an Aboriginal place or object under the Aboriginal Heritage Act 2006.

 

Cultural Heritage Assessment

FOOTNOTE: Where it is suspected that works may impact on Aboriginal cultural heritage places or objects and areas of sensitivity, the applicant should fund a cultural heritage assessment. The assessment should be undertaken by a suitably qualified cultural heritage advisor in conjunction with representatives of the Registered Aboriginal Party or applicant. A heritage assessment may inform the need for a cultural heritage management plan to be completed or a cultural heritage permit to be sought.

 

AAV Contact Details

FOOTNOTE: Information on Aboriginal cultural heritage relating to the project area may be obtained from the Aboriginal Affairs Victoria web site at http://www.dpcd.vic.gov.au/indigenous/aboriginal-cultural-heritage

Contact lists of Registered Aboriginal Parties, cultural heritage advisors, maps and information for landowners are located on the website. Further, if the proposal includes Crown land, it may be necessary to consult with any parties who hold Native Title interests in the area.

 

Road Opening / Crossovers

 

FOOTNOTE: Any new or modified crossovers require separate approval from Council's Roads Development Section. Town Planning stamped approved plans must be presented when applying for Road Opening Permits. The location, design and construction of the vehicle crossing(s) is to be in accordance with Council’s standard drawings - see http://www.wyndham.vic.gov.au/building_planning/engineering/crossoverpermits.

Any services or infrastructure, including any services within 1.0m (eg. light pole) and street trees within 3.0m of the proposed crossover will require relocation and/or compensation (note: trees will not survive replanting so compensation is required) payable at the permit holder’s cost and to the satisfaction of the Council.

 

Environment Team - indigenous tree removal

FOOTNOTE:  It is recommended all indigenous trees permitted to be removed are taken into a Conservation Reserve for inclusion as large logs. These logs must be placed into the remnant patch under the direction of a suitably qualified ecologist.

 

Melbourne Water

 

FOOTNOTE: 

Advice - Stormwater Quality Offsets

Given stormwater is not being treated on-site to best practice, Melbourne Water requires stormwater quality offset contributions. To make an application for offsets, an application for offer of conditions form must be submitted to Melbourne Water. Sediment must be treated prior to discharge into the Werribee River in accordance with the stormwater management strategy.

 

Advice - Development Plan

Melbourne Water has previously provided extensive comment on the Development

Plan (including stormwater management strategy) for this application. It is noted that

the development plan utilises an existing stormwater connection and therefore no new

stormwater connection is required.

 

If further information is required in relation to Melbourne Water's permit conditions

shown above, please contact Melbourne Water on 9679 7517, quoting Melbourne

Water's reference 271352.

 

City West Water

 

The applicant should be made aware that a water and sewer main extension is required to be constructed to service the proposed development. The applicant will be required to engage a City West Water accredited Engineering Consultant in order to have these works constructed. A list of accredited Engineering Consultants can be obtained from our website at www.citywestwater.com.au.

 

 


 

 

MOTION

 

CRS Josh Gilligan / Intaj Khan

 

That Council resolve to advise VCAT that should Council be in a position to make a decision on the application, Council would issue a planning permit for Residential Subdivision and works within an ESO, at 121-125 Farm Road, Werribee, subject to the following conditions:

Amended Plans

 

1.         A plan of subdivision must not be lodged with the Council for certification under the Subdivision Act 1988 until a modified plan has been submitted to and approved by the Responsible Authority.  When approved the plan will be endorsed and will then form part of this permit.  The plan must be generally in accordance with the plans Version 9 dated 16.11.2016 prepared by SMEC but modified to show in particular:

 

a)   Renaming of ‘Local Park’ to River Reserve’.

b)   River Reserve area shown as encumbered open space in the Land Budget table.

c)   Notation to clarify tree reserve not part of open space contribution.

 

No subdivision layout alteration

2.         The subdivision permitted by this permit 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.

 

Single Dwelling Covenant Restriction

 

3.         Prior to the issue of a Certification for any stage of the subdivision including residential lots, apart from the medium density residential lot shown in the endorsed plan, a single dwelling covenant restriction applying to all the conventional residential lots is to be registered on title, to the satisfaction of and at no cost to the Responsible Authority.  For lots where access is provided via an extended driveway formation, there is to be no sunset clause/end date on the single dwelling restriction.

 

Building Envelopes (lots greater than 300sqm)

4.         Prior to the issue of a Statement of Compliance for each stage of the subdivision under the Subdivisions Act 1988, where Building Envelopes are proposed a plan showing Building Envelopes for each lot greater than 300 square metres in area must be submitted to and approved in writing (endorsed) by the Responsible Authority. The approved Building Envelopes will be endorsed under this permit. The restriction must provide for:

 

a)   Building envelope plans that apply to each relevant lot;

b)   All buildings to conform to the building envelope on the relevant lot;

c)   The construction of a building outside the building envelope only with the written consent of the responsible authority.

Once approved, the building envelopes must be applied and registered as a restriction (eg. MCP/Instrument) on Title.

 

River Reserve Handover

 

5.         Prior to Statement of Compliance of any stage of the subdivision, the land adjacent to the Werribee River within the subject site is to be vested in Council, in accordance with the Section 173 agreement on title.

 

Landscape Conditions (6-18)

 

Landscape Works Streetscape

 

6.         Landscape plans are required to be submitted to and approved by Council’s City Presentation Department prior to the issue of a Statement of Compliance. These plans will show the development of nature strips, paths and shared trails, and landscaping as appropriate. The landscape works shown on the plans will be delivered by the applicant as part of the overall development. The following is also required to be shown on the plans:

a)    All surface treatments

b)    The botanical name, height and width at maturity, calliper, and location of all vegetation to be used.

c)    A method of preparing surface drainage, watering and maintaining the landscape area.

          An accompanying works specification must be submitted to Council.

 

Landscape Works Reserve

 

7.         Landscape plans are required to be submitted to and approved by Council’s City Presentation Department prior to the issue of a Statement of Compliance. These plans will show the development of reserves to include playgrounds, paths and shared trails, park furniture, landscaping and recreation facilities as appropriate to the size and proposed use of the reserve, and in accordance with the endorsed plans. The landscape works shown on the plans will be delivered by the applicant as part of the overall development. The following is also required to be shown on the plans:

 

a)   All surface treatments.

b)   The location, type and height of all fencing.

c)   The botanical name, height and width at maturity, and location of all vegetation to be used.

d)   A works specification, and the method of preparing, draining watering and maintaining the landscape area.

e)   A barrier, where necessary, to prevent vehicles causing damage to garden areas.

f)    Estate entries and plantings in other then public areas to soften built form and enable transition between riparian and other indigenous areas to exotic or groomed landscapes.

g)   Extensive tree planting in the tree reserve.

 

The landscaping is to be present a high quality outcome, maximising the number of trees in the streetscape.

 

Substation kiosks as required to service residential and other private lots must not be located in or immediately adjacent to landscape reserves.

 

Landscaping of Reserves including Rubbish/Weed Removal

8.         The reserve(s) shown on the endorsed plan(s) must be cleared of all rubbish, noxious weeds, debris and spoil and must be levelled, graded and developed to the satisfaction of the Responsible Authority, specifically Council’s City Presentation Department, to allow for future maintenance by Council.  Such landscaping must be in accordance with a plan approved by the Responsible Authority prior to issue of Statement of Compliance of the Plan of Subdivision.

 

Open Space Fee

9.         The owner of the subject land must pay to the Council a sum equivalent to 5% of the site value of all the land in the subdivision.  The payment must be made prior to the issue of a Statement of Compliance and may be adjusted in accordance with Section 19 of the Subdivision Act.

 

Fencing of Reserves

 

10.       Where lots shown on the endorsed plan(s) have a common boundary with any Reserve for Municipal Purposes, Tree Reserve, Floodway Reserve, etc. such boundary must be fenced to the satisfaction of and at no cost to the Responsible Authority in accordance with the approved landscape plan/s.

 

Landscaping Bonds

11.       Unless agreed otherwise by the Responsible Authority, landscaping bonds to a value agreed to be the Responsible Authority, must be paid prior to the issue of Statement of Compliance.  These bonds are to comprise 150% of the total value of the landscaping works to cover the outstanding works and a further 35% of the total landscaping cost to cover the maintenance Period.

 

Street Trees

12.       The owner or developer of the subject land must plant street trees within the subdivision permitted by this permit to the satisfaction of the Responsible Authority.  Such street tree planting must be in accordance with the plan approved by the Responsible Authority.

 

Landscape Maintenance

 

13.       The landscaping maintenance period will be for a minimum two (2) years from practical completion prior to Handover to the Responsible Authority.  During this period, the developer must maintain the landscaping works to the satisfaction of, and at no cost to, the Responsible Authority. Handovers will not be accepted during the months of December, January and February. Detailed ‘as constructed’ plans, in a format agreed with Council, must be provided prior to the issue of the Practical Completion Certificate.

 

Weed Control

14.       Weed control of the identified serious threat environmental weeds and all noxious weed species must occur prior to any development and removal/relocation of soils. Such weeds (and any colonies in the event of soil disturbance or importation of soils and other actions) as well as any regrowth of previously controlled weeds are to be controlled throughout the development process and maintenance period. Weed control must be at no cost to and to the satisfaction of the Responsible Authority before the site is transferred to Council for future management/maintenance.

 

O-Spec Drawing Requirement

15.       Prior to the issue of a Practical Completion for any stage of the subdivision, the following must be submitted to the satisfaction of the responsible authority:

 

a)    An electronic copy of all ‘as constructed’ landscape drawings, and relevant files in both Autocad DWG and Adobe PDF file formats on Compact Disk. The minimum resolution of the PDF required is 300dpi.

 

b)    ‘As-constructed’ open space/landscape asset information for open space/landscape and related assets in digital format in accordance with O-Spec (the Consultant/Developer Specifications for the delivery of the digital data to Local Government).

 

Protection of Trees in River Reserve

 

16.       All existing site trees in the future river reserve are to be protected from construction activity in accordance with AS4970 Protection of Trees on Development Sites.

 

Works in Tree Reserve

 

17.       Construction work affecting the existing trees in the proposed tree reserve is to be supervised by a qualified arborist, to ensure all reasonable and practical measures are undertaken to preserve and protect and as many existing trees as possible.

 

Engineering Subdivision Conditions (18-30)

 

Stage Plan

 

18.       A sequential staging plan must be submitted to and approved by the responsible authority.  When approved, the staging plan will be endorsed and will then form part of the permit. The subdivision of the land must proceed in the order of stages shown on the endorsed plan except with prior written consent of the responsible authority.

 

Servicing Strategy

 

19.       Prior to the submission and approval of functional layout plans, a servicing strategy for the subdivision must be submitted to and approved by the responsible authority.  The strategy must include a servicing plan which is drawn to scale.  The servicing plan must show:

 

a)    The subdivision layout;

b)    Subdivision staging; and

c)    The locality of trunk utility services required to service the subdivision, including the distribution of water, recycled water, gas, sewer, power, telecommunications and preliminary location of reserves for electrical kiosks.

 

Functional layout plan

20.       Prior to the submission and approval of construction plans (engineering plans) and the certification of the relevant plan of subdivision for each stage, a functional layout plan for the subdivision or stage of subdivision, must be submitted to and approved by the responsible authority.  This plan must be in accordance with the endorsed Subdivision Permit Plan.

 

When approved, the functional layout plan will be endorsed and will then form part of the permit.  The functional layout plan must be drawn to scale, with dimensions, and must show:

 

a)    the subdivision layout, including preliminary street names, lot areas, lot numbers and the width of each road reserve;

b)    topography and existing features, including contours for the subject land and any affected adjacent land;

c)    the location of all trees or groups of trees existing on the site, including dead trees and those that overhang the site from adjoining land;

d)    details of tree protection zones for all trees to be retained on site;

e)    any trees proposed for removal  from the site clearly designated;

f)     typical cross sections for each road, demonstrating service offsets and street trees;

g)    a table of utility services and street trees;

h)    location and alignment of kerbs, indented parking bays, footpaths, shared paths, bus stops and traffic control devices (signals, roundabouts, splitter islands, etc.) including critical swept path diagrams and turning templates;

i)     the proposed minor drainage network and any land required for maintenance purposes;

j)     the major drainage system, including outfall drains, wetlands and/or waterways and any land required for maintenance purposes;

k)    overland flow paths (100 year ARI) to indicate how excess runoff will safely be conveyed to its destination;

l)     the drainage outfall system indicating a legal point of discharge for all allotments and any access requirements for construction and/or maintenance;

m)   preliminary location of reserves for  electrical kiosks;

n)    works external to the subdivision, including both interim and ultimate access requirements;

o)    provision of notional on-street parking for all lots at a rate of one car space per dwelling; and

p)    intersections with Farm Road as well as Farm Road fronting the length of the development showing interim and ultimate treatments.

 

Certification plan requirements

21.       An endorsed copy of the plan(s) to be certified under the Subdivision Act must form part of this permit.  The plan must show all bearings, distances, street names, lot numbers and any necessary easements and reserves, in accordance with the approved Functional Layout Plan. 

 

Construction Plans

22.       Before any road and/or drainage works associated with the subdivision commence, detailed construction plans must be submitted to and approved by the responsible authority.  The construction plans will not be considered until the functional layout plan(s) for the relevant stage has been approved and the plan of subdivision has been lodged for certification with the responsible authority.  When approved, the construction plans will be endorsed and will then form part of the permit.  The construction plans must be drawn to scale, with dimensions, and must include:

 

a)      Engineering plans, sewer and water reticulation plans, drainage computations and catchment plans, traffic assessment reports, geotechnical reports, pavement design and specifications of the proposed works that are to become public assets;

b)      all details of works consistent with the approved Functional Layout Plan and lodged plan of subdivision;

c)      design for full construction of pavements with kerb and channel in accordance with the approved Functional Layout Plan;

d)      concrete footpaths/shared paths in all streets and reserves in accordance with the approved Functional Layout Plan/Precinct Structure Plan;

e)      underground drainage;

f)       all aspects of the stormwater drainage system including drainage reserves, retarding basins, wetlands, stormwater connections, outfalls and any Water Sensitive Urban Design measures (where applicable);

g)      a drainage asset management and maintenance schedule (where applicable);.

h)      indented car parking bays where appropriate;

i)        temporary turn around areas for waste collection vehicles at the temporary end of any road that services more than two (2) lots;

j)        provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan.  Each lot created by the subdivision permitted by this permit must be provided with all services to the satisfaction of the Responsible Authority;

k)      a vehicle crossing to each lot in accordance with Council standards;

l)        location of public lighting and underground electricity supply within all streets;

m)     details of any traffic control measures;

n)      details in relation to any  cut and/or fill on the site;

o)      details of any tree protection zones;

p)      splays (min 3m x 3m) which must be provided at all intersections of the local road networks;

q)      splays of 2m x 2m which must be provided at the intersection with any laneway

r)       street  signs in accordance with Council’s standard design;

s)       details of the proposed treatment and provision for lot boundary fencing adjoining all reserves other than road reserves;

t)       appropriate methods for protecting environmental and heritage assets during the construction phase of the subdivision;

u)      high stability permanent survey marks;

v)      appropriate signage;

w)      intersection with Farm Road as well as Farm Road fronting the length of the development

 

Works must not commence prior to the issue of a certified plan of subdivision and approval of engineering construction plans. All works shown on the endorsed plans must be constructed in accordance with the approved plans, guidelines and specifications prior to Council issuing a Statement of Compliance for the relevant stage

 

Vehicle Access – Farm Road

23.       Vehicle access to and egress from the subdivision permitted by this permit must be designed and constructed to the satisfaction of the Responsible Authority and must include provision of passing and deceleration lanes on Farm Road.  Such roadworks must be designed and constructed at no cost to Council.

 

Residential Stormwater Drainage

24.       Provision must be made for the drainage of each allotment shown on the endorsed plan(s) to the requirements and satisfaction of the responsible drainage authority.  Drainage of the subject land for residential purposes must be provided by underground drainage systems catering for up to 1 in 5 year storm return periods.  Flows in excess of 1 in 5 year storm return periods, up to and including 1 in 100 year storm return periods must be accommodated in separate channels and/or within the road reserves and/or within the provided drainage system

 

All urban storm water systems must incorporate measures to satisfy the objectives of “Best Practice Environmental Management Guidelines” (CSIRO 1999) to reduce or retain in total:-

 

a)   80% of suspended solids;

b)   45% phosphorus;

c)   45% nitrogen; and

d)   70% litter/gross pollutants larger than 5mm.

 

The proposed GPT should be sized such that it caters for the entire development proposed in the Vineyard Estate Stage 2 Development area.

 

Commercial/Industrial Stormwater Drainage

25.       Provision must be made for the drainage of each allotment shown on the endorsed plan(s) to the requirements and satisfaction of the responsible drainage authority.  Drainage of the subject land for commercial/industrial purposes must be provided by underground drainage systems catering for up to 1 in 10 year storm return periods.  Flows in excess of 1 in 10 year storm return periods, up to and including 1 in 100 year storm return periods must be accommodated in separate channels and/or within the road reserves and/or within the provided drainage system

 

All commercial/industrial storm water systems must incorporate measures to satisfy the objectives of “Best Practice Environmental Management Guidelines” (CSIRO 1999) to reduce or retain in total:-

 

a)   80% of suspended solids;

b)   45% phosphorus;

c)   45% nitrogen; and

d)   70% litter/gross pollutants larger than 5mm.

 

Filling of land

26.       Before any filling works associated with the subdivision commence, bulk earthworks plans must be submitted to and approved by the responsible authority. When approved, the bulk earthworks plans will be endorsed and will then form part of the permit. Works must not commence prior to the approval of an SEMP. All works shown on the endorsed plans must be done under ‘Level 1 Inspection and Testing’ conditions, as per Australian Standard AS3798.  Level 1 test reports, compiled by a reputable geotechnical engineer, must be submitted to council prior to the issue of a Statement of Compliance.

 

The owner or developer of the subject land must ensure that wherever the approved construction plans for roadworks and drainage show filling exceeding 300mm compacted depth (finished surface level) within any lot created by the subdivision, the existence of such filling must be made known to any prospective purchaser of such lot.  Information on the construction plans relating to the filling of any lot must be referred to when completing a statement pursuant to Section 32 of the Sale of Land Act.  The owner or developer is to demonstrate to the satisfaction of the Responsible Authority that any fill from an on-site source is not contaminated.

 

Construction vehicle Access

27.       During construction works under this permit, access to and egress from the subject land must be via a route approved by the responsible authority.

 

Fences abutting open space reserves

28.       Where lots shown on the endorsed plan(s) have a common boundary with any Reserve for Municipal Purposes, Tree Reserve, Floodway Reserve, etc. such boundary must be fenced to the satisfaction of and at no cost to the Responsible Authority prior to the issue of a Statement of Compliance under the Subdivision Act.

 

As Constructed Plans

29.       Prior to the issue of a Statement of Compliance for any stage of the subdivision, the following must be submitted to the satisfaction of the responsible authority:

 

a)   An electronic copy of all ‘as constructed’ drawings, and relevant files in both AutoCAD DWG and Adobe PDF file formats.  The minimum resolution of PDF required is 300dpi;

b)   An electronic copy of the 1 in 5 and 1 in 100 year catchment plans and relevant computations in Adobe PDF file formats

c)   ‘As-constructed’ asset information for drainage and related assets in digital format in accordance with D-Spec (the Consultant/Developer Specifications for the delivery of digital data to Local Government);

d)   ‘As-constructed’ asset information for assets within the road reserve in digital format in accordance with R-Spec (the Consultant/Developer Specifications for the delivery of digital data to Local Government).  Street tree data is to be supplied in accordance with R-Spec prior to the issue of the Certificate of Practical Completion for landscape works; and

e)   A Certificate of Compliance for Design and a Certificate of Compliance for Construction for the following infrastructure items constructed as part of the subdivision development:

i.   Retaining walls;

ii.  Entrance structures;

iii.  Bridges;

iv. Culvert structures; and/or

v.  Other structures as applicable

 

Reticulated Services

30.       Prior to the issue of a Statement of Compliance, reticulated water, drainage, sewerage and electricity reticulation underground must be available to each lot, including reserves, shown on the endorsed plan.

 

New Site Environmental Management Plan Condition

 

31.       Prior to the commencement of any works, including works required by other authorities, a Site Environmental Management Plan, covering the whole of the subject site (including the part of the site adjacent to the Werribee River), must be submitted to and approved by the responsible authority.  When approved, the Site Management Plan will be endorsed and will then form part of the permit. 

The SEMP must be in accordance with Council’s SEMP template and guidelines.  The approved SEMP must be implemented at all times to the satisfaction of the Responsible Authority.  Any non-compliance may be enforced under the Planning and Environment Act and other related legislation.

Access to the site must be available at all times for Council representatives to monitor implementation of the SEMP.

The SEMP applies for all works approved in this Permit up to where public land is handed over (and accepted) by the relevant authority and the remainder is completely in private ownership.

a)    Prior to commencement of works, contractors must be inducted into the SEMP and all flora and fauna conservation requirements.

b)    Prior to certification, the works zone must be enclosed by secure and obvious temporary fencing. Fencing abutting the conservation reserve must be signposted as ‘vegetation protection zone no work permitted’. The work zone fence must remain in place until works are completed. Fill, machinery and building materials must not be placed outside of the works zone.

c)    All litter and building waste must be contained on the site and must not be allowed to leave the site until the time it is correctly disposed of.

d)    Remnant trees that are being retained in public open space must have bollards placed around the Tree Protection Zone (as defined by Australian Standard AS 4970). The area under the tree must be mulched and planted with appropriate ground cover species to the satisfaction of the Responsible Authority.

e)    All earthworks must be undertaken in a manner that will minimise soil erosion and adhere to Construction Techniques for Sediment Pollution Control (EPA 1991) or updated version.

f)     Any construction stockpiles, fill and machinery must be placed away from areas supporting native vegetation and drainage lines to the satisfaction of the responsible authority.

g)    Noxious weeds and serious threat environmental weeds must be controlled. Any weed infestations resulting from soil disturbance and/or the importation of sand, gravel and other material used in the construction process must be controlled. Weed control must be at no cost to and to the satisfaction of the Responsible Authority.

h)    Prior to felling, trees identified for removal must be examined by a qualified zoologist for the presence of fauna, including those using external nests (e.g. Common Ringtail Possums, bird nests) and tree hollows. If native fauna species are located, they are to be salvaged and relocated in accordance with all relevant legislation and approvals, further to consultation with the Department of Environment, Land, Water and Planning.

i)     Prior to the removal of any tree, the applicant is to consult with Council’s Environment Department and submit a strategy to the Responsible Authority for the retention/re-use of the tree parts on site (including the Werribee River reserve) or for their use for public/street infrastructure elsewhere.

 

Agreement with relevant authorities for utility services

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

 

Serviced Lots

33.       Prior to its use for any purpose, each lot created by the subdivision permitted by this permit must be provided with reticulated water, sewerage and electricity, roads and drainage to the satisfaction of the Responsible Authority.

 

Provision of Telecommunications services

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

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

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

 

Telecommunications services prior to SoC

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

a)   a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b)   a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

 

Easements to be set aside

36.       All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. Easements will not be permitted on areas set aside as unencumbered open space.  Where there is no alternative available, compensation will be payable at a valuation determined by the Responsible Authority.

 

Fire Hydrant Requirements

37.       Hydrants and fire plugs must be compatible with the relevant fire service equipment. Where the provision of fire hydrants and fire plugs does not comply with the requirements of standard C29 (Clause 56 - ResCode), fire hydrants must be provided to the satisfaction of the relevant fire authority.

 

Removal of excavated material

38.       Approval for the removal and disposal of any excavated material or top soil from the subject land is required from the Council.

 

Dust from material stockpiles

39.       Adequate measures must be undertaken to ensure dust from materials stockpiled does not affect adjoining properties or surrounding area, to the satisfaction of the Responsible Authority. Adequate measures to control dust must be in place at all times whilst works are being undertaken to the satisfaction of the Responsible Authority.

 

During Construction

40.       Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours as defined by the Public Health and Wellbeing Act 2008. Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

 

Certified Plans to be referred under S8 of Subdivision Act

41.       The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

 

Environmental Health Conditions (42-44)

42.       Wastewater generated onsite must be connected to a legal point of discharge, including existing property.

 

43.       Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

 

44.       If there are existing onsite wastewater treatment systems (septic tanks) they must be decommissioned, all disposal areas must have soil removed and replaced with clean fill.

 

Melbourne Water Conditions (45-46)

 

45.       Prior to the issue of a Statement of Compliance, the Owner shall enter into and

comply with an agreement with Melbourne Water Corporation for the acceptance of

surface and storm water from the subject land directly or indirectly into Melbourne

Water’s drainage systems and waterways, the provision of drainage works and other

matters in accordance with the statutory powers of Melbourne Water Corporation.

 

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

 

City West Water Conditions (47-49)

 

47.       It is essential the owner of the land enters into an agreement with City West Water for the provision of water supply.

48.       It is essential the owner of the land enters into an agreement with City West Water for the provision of sewerage.

 

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

Downer Tenix Condition (50)

 

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

Powercor Conditions (51-52)

 

51.       The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

52.       The applicant shall:-

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

·    Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

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

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

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

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

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

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

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

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

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

 

Satisfactory Continuation of Subdivision

53.       The subdivision permitted by this permit must be carried out to the satisfaction of the Responsible Authority.

 

Completion of Subdivision

54.       This permit will expire if (any of the following apply):

·      The Plan of Subdivision for the first stage is not certified within two (2) years of the date of this permit; or

·      The Plan of Subdivision for the last stage of the subdivision is not certified within five (5) years of the date of this permit; or

·      The registration of the last stage of the subdivision is not completed within five (5) years of the certification of that Plan of Subdivision.

The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply:

a)   before or within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started; or

b)   within twelve (12) months after the permit expiry date, where the proposal allowed by the permit has lawfully started before the permit expires.

 

Permit Footnotes

 

Expiry of Permit

FOOTNOTE: In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a new permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, the planning scheme or policy.

 

Protection of Aboriginal Heritage Places

FOOTNOTE: All Aboriginal places and objects in Victoria are protected under the Aboriginal Heritage Act 2006. It is an offence to wilfully or negligently disturb or destroy an Aboriginal place or object under the Aboriginal Heritage Act 2006.

 

Cultural Heritage Assessment

FOOTNOTE: Where it is suspected that works may impact on Aboriginal cultural heritage places or objects and areas of sensitivity, the applicant should fund a cultural heritage assessment. The assessment should be undertaken by a suitably qualified cultural heritage advisor in conjunction with representatives of the Registered Aboriginal Party or applicant. A heritage assessment may inform the need for a cultural heritage management plan to be completed or a cultural heritage permit to be sought.

 

AAV Contact Details

FOOTNOTE: Information on Aboriginal cultural heritage relating to the project area may be obtained from the Aboriginal Affairs Victoria web site at http://www.dpcd.vic.gov.au/indigenous/aboriginal-cultural-heritage

Contact lists of Registered Aboriginal Parties, cultural heritage advisors, maps and information for landowners are located on the website. Further, if the proposal includes Crown land, it may be necessary to consult with any parties who hold Native Title interests in the area.

 

Road Opening / Crossovers

 

FOOTNOTE: Any new or modified crossovers require separate approval from Council's Roads Development Section. Town Planning stamped approved plans must be presented when applying for Road Opening Permits. The location, design and construction of the vehicle crossing(s) is to be in accordance with Council’s standard drawings - see http://www.wyndham.vic.gov.au/building_planning/engineering/crossoverpermits.

Any services or infrastructure, including any services within 1.0m (eg. light pole) and street trees within 3.0m of the proposed crossover will require relocation and/or compensation (note: trees will not survive replanting so compensation is required) payable at the permit holder’s cost and to the satisfaction of the Council.

 

Environment Team - indigenous tree removal

FOOTNOTE:  It is recommended all indigenous trees permitted to be removed are taken into a Conservation Reserve for inclusion as large logs. These logs must be placed into the remnant patch under the direction of a suitably qualified ecologist.

 

 

Melbourne Water

 

FOOTNOTE: 

Advice - Stormwater Quality Offsets

Given stormwater is not being treated on-site to best practice, Melbourne Water requires stormwater quality offset contributions. To make an application for offsets, an application for offer of conditions form must be submitted to Melbourne Water. Sediment must be treated prior to discharge into the Werribee River in accordance with the stormwater management strategy.

 

Advice - Development Plan

Melbourne Water has previously provided extensive comment on the Development

Plan (including stormwater management strategy) for this application. It is noted that

the development plan utilises an existing stormwater connection and therefore no new

stormwater connection is required.

 

If further information is required in relation to Melbourne Water's permit conditions

shown above, please contact Melbourne Water on 9679 7517, quoting Melbourne

Water's reference 271352.

 

City West Water

 

The applicant should be made aware that a water and sewer main extension is required to be constructed to service the proposed development. The applicant will be required to engage a City West Water accredited Engineering Consultant in order to have these works constructed. A list of accredited Engineering Consultants can be obtained from our website at www.citywestwater.com.au.

 

(DEFEATED)

 

1.      Background

Prelude

Planning permit application WYP8983/16 was received on 8 February 2016 and followed Vineyard 2 Estate Development Plan endorsement on 26 October 2015.

The applicant has appealed to VCAT for failure to determine the application within the prescribed timeframe (60 days).  A VCAT Hearing is scheduled for 14 March 2017.  Council is required to form a position on the application to present to VCAT.

Proposal Summary

The application is for residential subdivision at land and works within an ESO at Lot 1 on TP097817P, known as 121-125 Farm Road, Werribee, which covers the southernmost land parcel of the Vineyard 2 Estate Development Plan area (i.e. Parcel 3).

Minor revisions have been made to the proposal during the course of the application; the latest plan of subdivision is Version 9 dated 18.11.2016.

The proposal includes a total of 30 lots; a breakdown of the proposed lot mix is detail below:

Lot Sizes (sq.m)

No. of Lots

200 – 299

 0

300 – 399

 3

400 – 499

 14

Greater than 500

 13

Total

30 (consisting of 29 conventional lots and 1 superlot capable of 20+ medium density lots when developed)

The proposal also involves the transfer of land alongside the Werribee River to Council as a reserve.  A shared path will be constructed in the reserve, which is within the ESO designation. 

Planning Controls

The site is in General Residential Zone.

Pursuant to Clause 32.08-2 (General Residential Zone), a permit is required to subdivide land.

An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and:

·    Must meet all the objectives included in the clauses specified in the following table.

·    Should meet all of the standards included in the clauses specified in the following table.


 

 

Class of subdivision

Objectives and standards to be met

60 or more lots

All except Clause 56.03-5.

16 – 59 lots

All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3.

3 – 15 lots

All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6.

2 lots

Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.

The easternmost part of the site is covered by an Environmental Significance Overlay (ESO1).  Pursuant to Clause 42.01-2 (Environmental Significance Overlay), a planning permit is required to subdivide land and undertake works (eg. shared path).

The site is also covered by a Development Plan Overlay (DPO6) which requires a Development Plan to be approved prior to subdivision applications.  The Vineyard 2 Estate Development Plan was approved on 26 October 2015.

Site & Surroundings

 

In relation to the site

 

Site area:

4.254ha

Shape of subject site:

Generally rectangular, with a splayed front boundary and an angled rear boundary.

Length of frontage:

74.99m

Orientation of subject site

East-West

Levels and contours of the site

The subject site is generally flat, however, the rear of the site has a steep slope, of approximately 5m, down towards the river corridor.

Natural features of the site:

The subject site includes numerous trees and vegetation within the front section of the site.  In particular, a stand of planted native trees are located along the site’s northern boundary.  The rear of the site abuts the river corridor, which is well vegetated.

Any easements:

A Melbourne and Metropolitan Board of Works easement is located along the site’s front setback.

Any development on site:

An existing single storey dwelling and outbuildings is located within the front half of the site setback approximately 100m from Farm Road.

Any street frontage features such as poles, street trees and kerb crossovers

No significant infrastructure at the site frontage.

Access points

Current (and only) access to the site is via single crossover.

Any identified natural or cultural features

See above in relation to the river corridor and existing vegetation.

In relation to the neighbourhood

 

Immediate surrounds:

 

-pattern of subdivision;

-Existing land uses

-Location, distance and type of any nearby public open space and recreational facilities.

-Location and distances to local shops and community facilities.

-Distance to public transport routes and stops

The surrounding area is generally used for agricultural purposes with a growing number of residential subdivisions occurring, particularly to the north and west on the opposite side of Farm Road. 

The Werribee River corridor abuts the site to the east.

The subject site is approximately 1.5km southwest of the Werribee City Centre and associated services and public transport options.

Potential connections to adjacent subdivisions

The proposed subdivision includes vehicular links to the remaining Vineyard Development Plan area to the north and to the future development of the land to the south.

Traffic volumes and movements on adjacent roads and streets

Farm Road is primarily used for agricultural purposes, with a growing demand for residential traffic through the increase in the number of dwellings in the surrounding area. 

Any places of cultural significance

Numerous areas of Aboriginal Cultural Heritage have been identified on subject site, with a high concentration in close proximity to the river corridor area.  Details are provided within the approved Cultural Heritage Management Plan submitted within this application.

Additional comments:

Overhead power lines cross over the site in a northwest-southeast direction approximately at the site’s centre. 

 

The location of the subject site is further illustrated in the diagrams below which highlight the extent of the Vineyard 2 Development Plan area and the location of the subject site as the southernmost land parcel.

 

       

 

 

The site context is informed by the development of the surrounding estates, summarised as follows:

 

Vineyard Estate 1

The development immediately to the north is known as Vineyard Estate Stage 1 and contains a variety of dwelling types which are accessed from Farm Road. Exposed brick and render, along with the incorporation of muted tones and slate roofing form the prevailing use of building materials of the dwellings on the adjacent site. The lot density is approximately 4.5-4.9 dwellings per hectare.

 

River Sanctuary Estate

Beyond Vineyard Estate Stage 1, to the north, is another residential precinct known as the River Sanctuary Estate which displays a strong level of amenity, which is largely responsive to the natural landscaped environment and topography of the land. The lot density is approximately 4.5-4.9 dwellings per hectare.

 

Riverwalk Estate Development Plan

To the west beyond Farm Road and the immediate south of the subject site is Riverwalk Estate, land owned by Melbourne Water and developed by Places Victoria. The Riverwalk Estate is a planned community comprising residential living along with commercial and retail opportunities, community facilities and expansive areas of open space.

In keeping with its natural setting, Riverwalk includes:

·    24 hectares of open space;

·    Wetlands and parklands;

·    Links to the Werribee River and Federation Bike Trail;

·    The 1.4 hectare Village Park which incorporates a basketball court, water play areas, bike rails and playground and barbeque facilities; and

·    Provision for two schools and a neighbourhood centre.

·    At completion, it will comprise approximately 2,260 homes, at an average density of approximately 15 dwellings per hectare.

 

Land Title

The land is known as Lot 1 on TP097817P and is shown on the plan extract below.

 

Section 173 Agreement AC527779B requires land to east of site (Werribee River Corridor) to transfer to Council, as well as requires development contributions (for roads and major pathways, other development infrastructure, community infrastructure) prior to Statement of Compliance of the first stage of subdivision.

 

Site Inspection

A number of site inspections were undertaken during the course of the assessment, including on 9 November 2016.  The site visits confirm the site description outlined above.  Selected site photos are shown below.

        

From Farm Road looking south towards the site                From Farm Road looking east into the site

 

Planning History

Vineyard 2 Estate Development Plan (DP0094/11) was approved on 26 October 2015.  A plan extract is shown below – a copy is also attached to this report.

 

 

Notable features of the Development Plan include the following:

·    A shared path along the northern area boundary;

·    A pocket park in the north-eastern site corner (approx. 350sqm), with a plan notation to highlight 5% public open space contribution is required via financial contribution for the remaining parcels (including the subject site);

·    A total of three access points from Farm Road and an internal road network;

·    A lot identified for potential future medium density housing;

·    Tree reserve;

·    A drainage reserve below the 1:100 year ARI flood level;

·    Proposed reserve comprising the escarpment and river terrace in the east to be transferred to Wyndham City Council via a Section 173 Legal Agreement;

·    An average residential density of 16 dwellings per hectare across the estate;

·    Larger, lower density allotments where the estate borders Vineyard Estate 1 to the north; and

·    A transition from larger to more conventional sized allotments along the Werribee River frontage from north to south.

 

Of particular relevance to the subject site (the southernmost land parcel):

·    The site is shown as Parcel 3, largely covered by residential development, with a reserve on the east of the site alongside the Werribee River;

·    Parcel 3 shows an indicative lot yield of 59 lots, which includes a medium density residential site;

·    A road layout through the site, connecting Farm Road to a proposed road along the Werribee River reserve, with a plan notation highlighting that road connections to the south are to be in accordance with road connections shown on approved Riverwalk Development Plan; and

·    A tree reserve north of the road to the north of the medium density residential site.

 

In the Council approval of the Development Plan, the Council Meeting Minutes note that any future reserve subdivision plan should be as per Section 173 Agreement – Conservation Zone 5.16ha.  This relates to the total area of the future Werribee River Reserve across the whole of the Development Plan.

 

Any proposed subdivision layout must be generally in accordance with the approved Vineyard Estate 2 Development Plan. This includes (but is not limited to) general road layout; access locations; lot density; and open space.

 

The Vineyard Estate 2 Development Plan area consists of land in three separate ownerships. This subdivision application is the first to be submitted within the Vineyard Estate 2 Development Plan area. The proposal must therefore take into account the staging of the estate as a whole, particularly with regard to the adequate provision of drainage, access and internal road layout.

 

Notice

Given the site is covered by a Development Plan Overlay, pursuant to Clause 43.04-2, the application is exempt from notice and review as it is considered to be generally in accordance with the Development Plan. 

Notwithstanding, as per Council protocol and in line with a previous commitment to the existing residents of Vineyard 1 Estate, non-statutory (comments only) notice of the application was provided to nearby residents.  27 non-statutory objections have been received.

The objections primarily relate to the proposed lot density and the size of lots proposed.  The residents want to ensure that the northernmost land parcel abutting the existing Vineyard 1 estate contains large lots, as a transition to the existing larger lot sizes in Vineyard 1 estate.  The non-statutory objections are considered in more detail in the Consultation section later in the report.

Referrals

The application was referred to a number of external authorities statutory and non-statutory basis as summarised in the table below.

 

External Referrals

 

Department

Response

City West Water

No objection subject to standard subdivision conditions.

 

Planning Officer Response

Conditions to be applied to permit.

Downer Tenix

No objection subject to standard subdivision condition.

 

Planning Officer Response

Condition to be applied to permit.

Melbourne Water

Melbourne Water has previously provided extensive comment on the Development Plan for this application. Provided the development is in accordance with the Development Plan, Melbourne Water has no further conditions or comments.

 

Planning Officer Response

Noted – no conditions.  Plan to be referred as part of Certification by standard procedure.

Powercor

No objection subject to standard subdivision conditions.

 

Planning Officer Response

Conditions to be applied to permit.

PTV

No objection and no conditions.

 

Planning Officer Response

Noted.

Southern Rural Water

No response received.

 

Planning Officer Response

Assumed no objection.

 

 

AAV (non-stat)

No response received.

 

Planning Officer Response

An approved CHMP has been submitted to Council during the course of the application.

CFA (non-stat)

Clause 56 assessment indicated compliance with hydrants standards – so no objection.

 

Planning Officer Response

Noted.

 

DELWP (non-stat)

The department notes that the application falls within the low risk pathway and that no remnant vegetation is proposed to be removed. In turn, no offset requirements are required under the Biodiversity Assessment Guidelines.  No objection and no conditions.

 

Planning Officer Response

Noted.

EPA (non-stat)

 

 

EPA does not object to the proposal; however we wish to identify the proximity of the Western Sewerage Treatment Plant approximately 560m to the south of the residential development.

The further development of sensitive land use sites (residential lots) within proximity of the treatment plant is an act of encroachment upon important urban infrastructure. While this application is consistent with the planning purpose of the land under the current zoning provisions (General Residential Zone – Schedule 1), there remains a risk to residential amenity despite the intervening buffer.

 

Planning Officer Response

The proximity of the sewerage treatment plant was considered as the time of the Development Plan approval and as such it is not considered necessary to consider it again at subdivision application stage.

 

The application was referred internally to a number of Council departments for comments, as summarised in the table below.

 

Internal Referrals

 

Department

Response

City Presentation

(aka Urban Spaces and Civil Works)

Request landscape subdivision conditions plus conditions regarding the river reserve and planting of the tree reserve within the site.

 

Planning Officer Response

Noted – edited conditions to be applied to permit.

Environment and Sustainability

Request condition requiring a Site Environmental Management Plan (SEMP), to include the river reserve.

 

Planning Officer Response

Condition to be applied to permit.

Environmental Health

Request conditions regarding wastewater, amenity during construction and existing onsite wastewater treatment systems.

 

Planning Officer Response

Edited conditions to be applied to permit.

Engineering - Subdivisions

Request engineering permit conditions as provided.

 

Planning Officer Response

Noted – conditions to be applied to permit.

Engineering - Drainage

Refer to Subdivision/Engineering Unit for comments.

 

Planning Officer Response

Done.

Engineering - Traffic

No response received.

 

Planning Officer Response

Refer to Engineering Subdivisions for comments.

Strategic Planning

Shared path location to be clearly shown on the Subdivision Layout Plan as per the Vineyard 2 Development Plan.

 

Planning Officer Response

The latest plans show the shared path has been shown on the reserve in accordance with the Vineyard 2 DP.

 

The proposed subdivision appears to be generally in accordance with the Vineyard 2 Development Plan, endorsed on 26th October 2015.

 

Planning Officer Response

Noted.

 

There is a Section 173 Agreement AC527748N on title pertaining to the transfer of the land to be vested in Council prior to approval of any DP. According to the applicant, Council officers have requested that the land only be transferred once all community facilities and necessary works have been completed (such as the shared path), despite the instrument stating otherwise. Written confirmation should be provided by Council for the request of vested land to be transferred only once all community facilities and necessary works have been completed.

 

Planning Officer Response

The land was not transferred to Council prior to the DP approval.  Permit conditions will require the land to be transferred to Council prior to Statement of Compliance of the subdivision.  Council’s Landscape team has confirmed that works (eg. shared path) can occur in the river reserve prior to handover – however this can be worked out via detailed landscape and civil works plan assessment (reference permit conditions).

 

The subject site is identified under the ‘Incremental Change Area’ of the Wyndham Neighbourhood Character and Housing Strategy. The proposal to subdivide the land from one lot into 29 lots demonstrates the changing neighbourhood context of this area in Wyndham.

 

Planning Officer Response

Noted.

 

Extended driveway functionality to be reviewed by Subdivisions Engineering and Waste Management.

 

Planning Officer Response

The extended driveway is deemed to be acceptable, noting it only services 2 lots.  A single dwelling covenant will be required by permit condition.

 

Response to lot size objection: The approved DP specifies a total of 59 lots for parcel 3 within Vineyard 2. This includes a site designated for medium density housing. The proposal specifies 29 lots (including the ultimate medium density site; approx. 20 dwellings). The objection raised by the local resident regarding the proposed 16 dwellings per hectare is contrary to what is envisioned in the Vineyard 2 DP. The 16 dwellings per hectare density yield is an average that should be achieved across the entire DP and at each proposed subdivision plan in order to meet the overall density objectives of the DP. The 16 dwellings per hectare outcome does not change, whether it is calculated on land at 4.2 hectares (121-125 Farm Road) or land at 17.2 hectares (total Vineyard 2 DP). As a result, the proposed residential lot yield is in accordance with the Vineyard 2 DP.

 

Planning Officer Response

29 lots are proposed plus a medium density site (to contain 20 dwellings), totalling 49 lots.  Noting the net developable area (3.04ha, 49 dwellings has dwelling density of 16 dwellings per hectare, which equates to the approximate density for the Development Plan.  Further discussion on lot density is contained in the assessment and community consultation sections later on in the report.

Transport Planner

Satisfied with the changes proposed in light of the internal meeting 15/11/2016. Engineering Subdivisions and Landscape subdivisions to provide conditions regarding the proposed cross sections as discussed.

 

Planning Officer Response

Noted.

Waste Management

Council’s waste collection contractor will not be entering the dead end courts at positions A & B where there is no provision for the waste truck to turn around. The specification of the turning circle for the biggest waste collection vehicle is 11.5 metres.

 

Planning Officer Response

Noted – these items will be dealt with at FLP stage by Engineering Subdivisions.

Property and Rates

No response.

 

Planning Officer Response

Land transfer to Council will be required by conditions.

2.      Discussion

 

Assessment:

 

State Planning Policy Framework

 

Clause 11 (Settlement)

 

Planning is to anticipate and respond to the needs of existing and future communities by providing adequately zoned and serviced land for housing, employment, recreation and open space, community and commercial facilities and infrastructure.

 

Clause 11.02-1 (Supply of urban land)

 

Objectives of Clause 11.02-1 (Supply of urban land) include:

·    To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.

·    Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban development.

 

Clause 11.03-1 (Open space planning)

 

Clause 11.03-1 (Open space planning) seeks to assist creation of a diverse and integrated network of public open space commensurate with the needs of the community. Under Clause 11.03, key strategies pertaining to new subdivisions should:

·    Ensure that open space networks:

Are linked through the provision of walking and cycle trails and rights of way.

Are integrated with open space from abutting subdivisions.

Incorporate, where possible, links between major parks and activity areas, along waterways and natural drainage corridors, connecting places of natural and cultural interest, as well as maintaining public accessibility on public land immediately adjoining waterways and coasts.

·    Ensure that land is set aside and developed in residential areas for local recreational use and to create pedestrian and bicycle links to commercial and community facilities.

 

Clause 15.01-3 (Neighbourhood and subdivision design)

 

Clause 15.01-3 (Neighbourhood and subdivision design) seeks to ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods Strategies include:  In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by:

·    Contributing to an urban structure where networks of neighbourhoods are clustered to support larger activity centres on the regional public transport network.

·    Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs.

·    Creating a range of open spaces to meet a variety of needs with links to open space networks and regional parks where possible.

·    Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people.

·    Contributing to reducing car dependence by allowing for:

Subdivision layouts that allow easy movement within and between neighbourhoods.

A convenient and safe road network.

Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character.

Protecting and enhancing native habitat.

 

Clause 12.01-1 Protection of habitat

Objective:

-     To assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals.

 

Clause 12.01-2 Native vegetation management

Objective:

-     To ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity.

 

Clause 16 (Housing) states that:

·    Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure.

·    New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space.

·    Planning for housing should include providing land for affordable housing.

 

Clause 16.01-4 (Housing diversity)

Objectives of 16.01-4 (Housing diversity) include providing for a range of housing types to meet increasingly diverse needs, and encouraging the development of well-designed medium-density housing which:

·    Respects the neighbourhood character.

·    Improves housing choice.

·    Makes better use of existing infrastructure.

·    Improves energy efficiency of housing.

 

Planning Officer Comment

The proposed subdivision is consistent with urban consolidation goals for Melbourne by providing additional residential development in generally close proximity to a principal activities area (Werribee City Centre).  Additionally, the proposed subdivision layout provides diverse lots with variations in size and orientation.

 

The subject site has an environmentally sensitive abuttal to Werribee River to the rear of the site, which is proposed to be vested in Council to ensure that this area is appropriately managed to maintain the existing environmental significance.  Additionally, the proposal includes a tree reserve, also to vest in Council, which seeks to partially protect an existing stand of trees along the site’s northern boundary.

 

Local Planning Policy Framework

 

Clause 21.04-4 Strategic Framework Plan:

The City of Wyndham is the focus of one of the three major growth corridors for the expanding population of the greater Melbourne area. Existing residential development is focused around Wyndham Vale, Werribee and Hoppers Crossing. The locations of residential land proposed to contain the expanded Wyndham population include the Point Cook/Sanctuary Lakes area, Tarneit, Hoppers Crossing, and Wyndham Vale/Manor Lakes.

 

Clause 21.05 – 1 (Managing Urban Growth)

The objective of this Clause relates to the cost – effective and orderly management of urban growth, balancing the city and country aspects of the municipality.

 

Clause 22.01(Werribee West, Wyndham North and Point Cook Growth Area Planning Policy)

Under Clause 22.01, the ‘Werribee West, Wyndham North and Point Cook Growth Area Planning

Policy’ applies to the land. The proposed residential subdivision has been prepared to be consistent with the Wyndham North Concept Plan under the policy. The concept plan shows the subject site as residential land.

 

Clause 22.07 (Open Space Policy)

Under Clause 22.07 (Open Space Policy), the planning policy is: To provide a range of public open space opportunities which optimise the community’s need for recreation, as identified, and which is affordable in the short and longer term. It is policy that:

·    A diversity of open space and recreational opportunity be pursued.

·    Open space reserves be useable, attractive, and capable of cost-effective maintenance.

·    Linear linkages be developed to improve pedestrian and bicycle access.

·    Environmental issues such as heritage and local culture be taken into account in the location and development of open space.

·    Open space be accessible to the community.

·    Open space provision be based on the objectives of Clause 56.

 

Other relevant local policies relating to residential development in the MSS include:

·    21.01 Municipal Profile

·    21.02 Settlement

·    21.06 Urban Environment

·    21.07-1 Residential development

·    21.07-2 Housing Diversity

·    21.07-3 Neighbourhood Character

 

These policies recognise the key planning issues which Council need to address in the future including rapid population growth and housing diversity, as well as housing density, to ensure that housing is sustainable and reflects community needs.

 

At its Ordinary Council Meeting on 24 August 2015, Council adopted the Housing and Neighbourhood Character Strategy. This Strategy implements the strategies in the MSS.  The Strategy identifies the site as within an Incremental Change area, in which modest residential growth is envisaged.

 

Planning Officer Comment

The proposed subdivision is within an area in proximity to Werribee City Centre and within Wyndham’s western growth-front.  The proposal will allow residential development of an appropriate scale and density to achieve Council’s strategic urban consolidation and lot density objectives.  With the inclusion of the future medium density residential site, the proposal provides an average of 16 dwellings per hectare, in alignment with the Development Plan.

 

The subdivision incorporates a reserve along the river providing good amenity for residents, as well as separate open space cash contribution requirement.  The Section 173 agreement on title requires other development contributions to infrastructure and community facilities.

 

Zoning

 

The subject site is located within the General Residential Zone.  The purpose of the General Residential Zone is to:-

·    To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    To encourage development that respects the neighbourhood character of the area.

·    To implement neighbourhood character policy and adopted neighbourhood character guidelines.

·    To provide a diversity of housing types and moderate housing growth 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.

 

Planning Officer comment

The proposed subdivision is consistent with the purpose of the General Residential Zone, noting it is appropriate within the site context, being similar to the lot densities the west in Riverwalk estate and as the southernmost development parcel of the Vineyard 2 estate area.

 

Overlays

Environmental Significance Overlay

The subject site is located within the Environmental Significance Overlay – Schedule 1.  The purpose of the Environmental Significance Overlay is to:-

·    To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    To identify areas where the development of land may be affected by environmental constraints.

·    To ensure that development is compatible with identified environmental values.

 

The environmental objectives to be achieved for this area include:

·    To preserve the Werribee River…by regulating the type, intensity and impacts of development adjacent to those waterways.

·    To recognise the varied nature of Werribee River…and ensure future planning and development responds to these characteristics.

·    To enhance and re-instate the ecological health of Werribee River…, including revegetation and regeneration of disturbed areas.

·    To provide for integrated, ongoing protection and management of Werribee River… as cohesive systems, having regard to their ecological, geomorphological, habitat, landscape character, cultural heritage, recreation, education, social and economic values.

·    To protect and enhance all aspects of the waterway corridor including cultural and social sites of significance.

·    To protect escarpments and natural waterway valleys from changes that will adversely affect the environmental, social and cultural values of the waterways and their tributaries.

·    To ensure development is sufficiently set back from the Werribee River.

·    To ensure there is an adequate capacity for natural floodplain functions in future urban growth areas including ensuring the 1:100 year flows remain at a level to encourage the sustainability of riparian land and wetlands dependent on these flows.

·    To discourage development within the waterways corridor except for passive recreation, pedestrian / cycling trails, stormwater infrastructure and development that does not impact on identified environmental values on the basis of environmental assessment. To allow natural changes to watercourses and stream morphology to occur over time.

·    To allow for the enhancement or rehabilitation of environmental values that have been identified on or in the vicinity of the development site.

·    To protect Aboriginal and post-contact cultural heritage sites associated with waterways.

·    To identify an environmental protection buffer between identified environmental values (including flora & fauna and habitat values and cultural values) and the development based on the Environmental Assessment.

·    To protect escarpments and stream banks from erosion caused by increased access, use and flows.

·    To minimise the impacts of development in waterways corridors.

·    To ensure developers contribute to integrated and ongoing environmental protection and management of the Waterways Corridors.

·    To ensure that in established residential areas, the construction of outbuildings and dwelling additions ensures that there is no loss or encroachment into the environmental, cultural or landscape value of waterways.

 

Planning Officer comment

 

The proposed subdivision seeks to excise the land east of the 17m contour line, which is affected by the Environmental Significance Overlay, and vest this land to Council for the purpose of providing a reserve.  This boundary accords with the contours shown on the endorsed Development Plan and the indicative concept plan within the S173 agreement (which contains a notation that the southernmost lots boundary is to be the 17m contour line). The proposed layout is therefore an appropriate response that will ensure that there are no unreasonable impacts to the Werribee River corridor as a result of this subdivision.

 

Drainage from the subdivision is proposed to enter into an existing concrete drain that accesses the river.  This is considered appropriate and is supported by Melbourne Water.

 

As per the Development Plan, a shared path is proposed to be located within the ESO area, which is a permit trigger.  The exact alignment of the path will be resolved via detailed landscape plans required by permit conditions and will take account of the environmental impact.

 

Particular Provisions

 

Clause 52.01 Public Open Space Contribution and Subdivision

This Clause states that: A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under section 18 of the Subdivision Act 1988.

 

There is no set amount in the Schedule to Clause 52.01 relating to the site.

 

Planning Officer comment

Noting that Vineyard 2 Estate DP identifies that a 5% cash contribution is required for the subject site, a permit condition will require this to be provided to Council.

 

Clause 52.17 Native Vegetation

A permit is required to remove, destroy or lop native vegetation, including dead native vegetation. However there is permit exemption (Clause 52.17-7) for planted native vegetation.  There is some native vegetation on the site, however the Development Plan documentation and the Biodiversity Report submitted with this application confirms that the trees were planted.  As such, a permit is not required for their removal.

 

Clause 56 (Residential Subdivision)

 

The purpose of Clause 56 (Residential Subdivision) of the Wyndham Planning Scheme is:

·    To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    To create liveable and sustainable neighbourhoods and urban places with character and identity.

·    To achieve residential subdivision outcomes that appropriately respond to the site and its context for:

Metropolitan Melbourne growth areas.

Infill sites within established residential areas.

Regional cities and towns.

 

To ensure residential subdivision design appropriately provides for:

·    Policy implementation.

·    Liveable and sustainable communities.

·    Residential lot design.

·    Urban landscape.

·    Access and mobility management.

·    Integrated water management.

·    Site management.

·    Utilities.

 

An assessment of Clause 56 is as follows:

 

As indicated in the following table, the subdivision complies with the relevant provisions of Clause 56:

 

Clause

Requirement

Complies

(Y/N?)

56.02 POLICY IMPLEMENTATION

56.02-1

Strategic Implementation Objective

To ensure that the layout and design of a subdivision is consistent with and implements any objective, policy, strategy or plan for the area set out in this scheme.

 

Planning Officer comment

The proposed plan of subdivision is consistent with the State and Local Planning Policy Frameworks, the General Residential Zoning of the land and the approved Development Plan (Schedule 6).

Yes

 

56.03 LIVEABLE COMMUNITIES

56.03-1 Compact and walkable neighbourhoods objectives

To create compact neighbourhoods that are oriented around easy walking distances to activity centres, schools and community facilities, public open space and public transport.

To allow easy movement through and between neighbourhoods for all people.

 

Planning Officer comment

N/A

N/A

 

56.03-2 Activity centre objective

To provide for mixed-use activity centres, including neighbourhood activity centres, of appropriate area and location.

 

Planning Officer comment

N/A

N/A

56.03-3 Planning for community facilities objective

To provide appropriately located sites for community facilities including schools, libraries, preschools and childcare, health services, police and fire stations, recreation and sports facilities.

 

Planning Officer comment

N/A

N/A

56.03-4 Built Environment Objective

To create urban places with identity and character.

 

Planning Officer comment

The proposed subdivision will result in the creation of a mix of lot sizes and configurations, including landscaped reserves.  Additionally, the land to the rear of the site, at the interface with the river corridor, is proposed to vest in Council and be publically accessible.

Yes

56.03-5 Neighbourhood Character Objective

To design subdivisions that respond to neighbourhood character.

 

Planning Officer comment

N/A

N/A

56.04 LOT DESIGN

56.04-1 Lot Diversity and Distribution

To achieve housing densities that support compact and walkable neighbourhoods and the efficient provision of public transport services.

To provide higher housing densities within walking distance of activity centres.

To achieve increased housing densities in designated growth areas.

To provide a range of lot sizes to suit a variety of dwelling and household types.

 

Planning Officer comment

The subject site is located within an area where residential development is encouraged, particularly as the site is located within a Development Plan Overlay area, with an approved development plan. 

The proposed subdivision provides a mix of lot sizes and configurations to encourage diversity in built form.  A large parcel of land is proposed to be used for medium density housing to provide further diversity.

The subject site is well located with respect of the Werribee City Centre by virtue of its access to Princes Highway. 

Lots facing the river reserve are of a larger size (381sqm–588sqm) in response to the Development Plan requirement.

Yes

 

56.04-2 Lot Area and Building Envelopes

To provide lots with areas and dimensions that enable the appropriate siting and construction of a dwelling, solar access, private open space, vehicle access and parking, water management, easements and the retention of significant vegetation and site features.

 

Planning Officer comment

The proposed lots are all capable of sustaining a dwelling that is compliant with the siting, solar access, private open space, and landscaping requirements of ResCode.  

Yes

 

56.04-3 Solar Orientation of Lots

To provide good solar orientation of lots and solar access for future dwellings.

 

Planning Officer comment

The proposed subdivision layout maximises the ability for the majority of lots to achieve a northerly aspect.

Yes

 

56.04-4 Street Orientation Objective

To provide a lot layout that contributes to community social interaction, personal safety and property security.

 

Planning Officer comment

The road layout is straight-forward, given narrow nature of the site, and will encourage a safe walking environment.

Yes

56.04-5 Common area objectives

To identify common areas and the purpose for which the area is commonly held.

To ensure the provision of common area is appropriate and that necessary management arrangements are in place.

To maintain direct public access throughout the neighbourhood street network.

 

Planning Officer comment

There are limited areas of common land, with the exception of the river reserve, roads and a tree reserve along the northern boundary.  These areas will vest in Council once the works have been completed and the subdivision registered with the Titles Office.

Yes

 

56.05 URBAN LANDSCAPE

56.05-1 Integrated urban landscape

To provide attractive and continuous landscaping in streets and public open spaces that contribute to the character and identity of new neighbourhoods and urban places or to existing or preferred neighbourhood character in existing urban areas.

To incorporate natural and cultural features in the design of streets and public open space where appropriate.

To protect and enhance native habitat and discourage the planting and spread of noxious weeds.

To provide for integrated water management systems and contribute to drinking water conservation.

 

Planning Officer comment

The eastern section of the site is proposed to be vested in Council to provide land for public open space surrounding the river corridor.

The proposed subdivision includes a small tree reserve to allow for some tree retention and further planting – this is discussed in more detail below this table.

The proposed street layout includes nature strips for additional landscaping to contribute to the character of the area.

Yes

56.05-2 Public Open Space Provision

To provide a network of quality, well-distributed, multi-functional and cost-effective public open space that includes local parks, active open space, linear parks and trails, and links to regional open space.

To provide a network of public open space that caters for a broad range of users.

To encourage healthy and active communities.

To provide adequate unencumbered land for public open space and integrate any encumbered land with the open space network.

To ensure land provided for public open space can be managed in an environmentally sustainable way and contributes to the development of sustainable neighbourhoods.

 

Planning Officer comment

The proposal contributes a reserve area along the river corridor, including the potential for a new shared path along the water-side. 

Yes

 

56.06  ACCESS AND MOBILITY MANAGEMENT

56.06-1 Integrated mobility.

To achieve an urban structure where compact and walkable neighbourhoods are clustered to support larger activity centres on the Principal Public Transport Network in Metropolitan Melbourne and on the regional public transport network outside Metropolitan Melbourne.

To provide for walking (including persons with impaired mobility), cycling, public transport and other motor vehicles in an integrated manner.

To contribute to reduced car dependence, improved energy efficiency, improved transport efficiency, reduced greenhouse gas emissions and reduced air pollution.

 

Planning Officer comment

N/A

N/A

56.06-2 Walking and Cycling Network

To contribute to community health and well-being by encouraging walking and cycling as part of the daily lives of residents, employees and visitors.

To provide safe and direct movement through and between neighbourhoods by pedestrians and cyclists.

To reduce car use, greenhouse gas emissions and air pollution.

 

Planning Officer comment

The proposed street network is appropriately laid out and can contribute to encouraging cycling and provides a safe environment.  The creation of a shared path within the proposed river reserve area will encourage cycling and working towards the Werribee City Centre.

Yes

56.06-3

Public Transport Networks

To provide an arterial road and neighbourhood street network that supports a direct, efficient and safe public transport system.

To encourage maximum use of public transport.

 

Planning Officer comment

N/A

N/A

56.06-4 Neighbourhood Street Network

To provide for direct, safe and easy movement through and between neighbourhoods for pedestrians, cyclists, public transport and other motor vehicles using the neighbourhood street network.

 

Planning Officer comment

The proposed street network provides appropriate linkages between the various stages in the development plan area to the north (as per the Vineyard 2 Development Plan) and links to the land to the south (as per the Riverwalk Development Plan). 

Yes

56.06-5

Walking and cycling network details

To design and construct footpaths, shared path and cycle path networks that are safe, comfortable, well constructed and accessible for people with disabilities.

 

To design footpaths to accommodate wheelchairs, prams, scooters and other footpath bound vehicles.

 

Planning Officer comment

The street network is appropriately designed, including footpaths to create a safe environment for pedestrians.

Yes

56.06-6 Public Transport Network Detail Objective

To provide for the safe, efficient operation of public transport and the comfort and convenience of public transport users.

To provide public transport stops that are accessible to people with disabilities.

 

Planning Officer comment

N/A

N/A

56.06-7 Neighbourhood Street Network Detail Objective

To design and construct street carriageways and verges so that the street geometry and traffic speeds provide an accessible and safe neighbourhood street system for all users.

 

Planning Officer comment

The proposed street network is in accordance with Council’s Engineering requirements subject to conditions, which can be included within any permit issued.  A summary of the road widths discussion is included below this table.

Yes

56.06-8 Lot access Objective

To provide for safe vehicle access between roads and lots.

 

Planning Officer comment

The street layout and lot layout will allow each lot to be provided with safe and convenient access between the lots and street.

Yes

 

56.07 INTEGRATED WATER MANAGEMENT

56.07-1 Drinking Water Supply

To reduce the use of drinking water.

To provide an adequate, cost-effective supply of drinking water.

 

Planning Officer comment

The subject site and resultant lots can be connected to reticulated services.

Yes

56.07-2 Reused and Recycled Water

To provide for the substitution of drinking water for non-drinking purposes with reused and recycled water.

 

Planning Officer comment

Each lot is capable of providing water tanks on site.

Yes

56.07-3 Waste Water Management

To provide a waste water system that is adequate for the maintenance of public health and the management of effluent in an environmentally friendly manner.

 

Planning Officer comment

The subject site and resultant lots can be connected to reticulated services in relation to sewerage.

Yes

56.07-4 Urban Run-Off Management

To minimise damage to properties and inconvenience to residents from urban run-off.

To ensure that the street operates adequately during major storm events and provides for public safety.

To minimise increases in stormwater run-off and protect the environmental values and physical characteristics of receiving waters from degradation by urban run-off.

 

Planning Officer comment

Appropriate conditions can be included on any permit issued to ensure that the subdivision is appropriately drained.

Yes

 

56.08 SITE MANAGEMENT

56.08-1 Site Management Objectives

To protect drainage infrastructure and receiving waters from sedimentation and contamination.

To protect the site and surrounding area from environmental degradation or nuisance prior to and during construction of subdivision works.

To encourage the re-use of materials from the site and recycled materials in the construction of subdivisions where practicable.

 

Planning Officer comment

A Environmental Site Management Plan has been submitted with the application to ensure that the site is appropriately managed.  This will also form a permit condition on any permit issued.

Yes

 

56.09 UTILITIES

56.09-1 Shared trenching

To maximise the opportunities for shared trenching.

To minimise constraints on landscaping within street reserves.

 

Planning Officer comment

Opportunities for shared trenching have been maximised and will have limited impact on landscaping in the proposed street reserves.

Yes

56.09-2 Electricity, Telecommunications, Gas

To provide public utilities to each lot in a timely, efficient and cost effective manner.

To reduce greenhouse gas emissions by supporting generation and use of electricity from renewable sources.

 

Planning Officer comment

A condition will be included on any permit issued to ensure that all public works associated with the subdivision will be completed prior to the approval of any dwelling lots.

Yes

56.09-3 Fire Hydrants objectives

To provide fire hydrants and fire plugs in positions that enable fire fighters to access water safely, effectively and efficiently.

 

Planning Officer comment

Appropriate fire hydrant locations have been provided.

Yes

56.09-4 Public Lighting Objective

To provide public lighting to ensure the safety of pedestrians, cyclists and vehicles.

To provide pedestrians with a sense of personal safety at night.

To contribute to reducing greenhouse gas emissions and to saving energy.

 

Planning Officer comment

Appropriate public lighting can be provided within the street network.

Yes

 

Road widths

The proposed road widths and connections have been discussed at length with the applicant during the course of the application.  The latest proposed subdivision plan (Version 9) provides adequate road widths to accommodate the anticipated traffic and parking demands as well as service infrastructure.  The roads with southern links will connect to the roads as per the approved Riverwalk DP, and per the Vineyard DP2 requirement.  It is not considered necessary to have a footpath on the eastern side of the easternmost road (along the river reserve) as there will be a shared path along the riverbank itself, there is footpath on the western side of the road, and the footpath is not included in the future Riverwalk estate road cross-sections to the south.

 

Tree reserve

The tree reserve to the north of the proposed future medium density residential site has been discussed at length with the applicant during the course of the application.

 

In this area, of Parcel 3 (the subject site), the DP shows the following items:

·    Existing dwelling/medium density site (the applicant reports that this area of the site is not within their control and will remain as an existing residence at least in the short term – and is therefore of a fixed size);

·    Local access road; and

·    Tree reserve.

 

Accepting that the existing residence wishes to remain and the rest of the site is suitable for subdivision - there is a finite amount of space in which to fit all these items.  The applicant has proposed a variety of cross-section options, proposing for the road to be of a reduced (non-standard) width, i.e. less than 16m wide.  However a reduced road width for the future medium density site is not supported by Council Engineering Dept.

 

Within the 16m wide cross-section, a number of options were considered, including variance of the footpath, nature strip, traffic lanes, and grass median (as the tree reserve).

 

The applicant’s analysis of the road cross-section (with a 3.80m grass median/tree reserve) via draft FLPs highlights that when taking account of encroachments into Tree Protection Zones (TPZs), the majority of the 49 trees are likely to be required to be removed.

 

Regarding the existing trees in the location, the applicant has submitted an arborist’s report, which analyses the 49 trees along the north boundary of the site.  The report identifies:

·    Individually the majority of these trees are considered not worthy of retention due to their poor health, structure or overall condition, however as a group of trees on the northern boundary, they represent an important contribution to the site, adding significant value by way of enhanced bio-diversity, wind and air temperature protection and social benefits;

·    Although a majority are in a fair to poor condition, the ecological and environmental benefits provided by way of habitat value and wind/temperature protection is considered highly valuable;

·    10 trees have a low retention value;

·    29 trees have a moderate retention value (of these only 7 are on the Wyndham approved species list for new planting);

·    10 trees have a high retention value (of these 8 are on the Wyndham approved species list for new planting); and

·    Of the 10 trees recommended for removal are removed (being hazardous) – the remaining trees are less likely to survive.

 

It should be noted that while some of the trees are native, as they are planted, a permit would not be required for their removal.

 

It is certainly preferable that the row of trees to the north of Road B and the medium density residential site is retained intact.  Up to ¾ of this tree row are at risk from the development.  However, given the approval of the DP which does not allow sufficient space for the all the trees to be retained, it is accepted that some trees can be removed.

 

Following discussions with the applicant and internal departments, it is considered that the optimal outcome is for a 16m wide cross-section with a reduced road pavement and widened nature-strip width to accommodate the sewer main, to allow a 3.95m wide grass median to maximise tree retention on the northern side of the road.

 

With this option, it is inevitable that some trees (potentially the majority) will have to be removed. However the maximising of the nature strip to 3.95m is seen as the best to try and retain the existing trees whilst trying to work within the constraints of the site and the engineering requirements.

 

To reduce the number of trees having to be removed, when construction is underway, a permit condition will require a qualified arborist to supervise the works and associated TPZs, and ensure that all reasonable measures are undertaken to preserve as many existing trees as possible in the future tree reserve.  Another permit conditions will require consultation with Council to assess whether the logs from trees felled can be reused in the river reserve or elsewhere.

 

To compensate for the removal of trees, additional trees will required to be planted in the tree reserve.  Further, a high quality landscape outcome will be required in the streetscape around the subject site.

 

Decision Guidelines

 

Clause 65 provides decision guidelines for application and allows for consideration of any other relevant matter.

 

Planning Officer comment

The proposal, with conditions, is considered acceptable when assessed against Clause 65 decision guidelines.

 

 

Other Matters

 

An approved Cultural Heritage Management Plan was provided on 09.09.2016.

3.      City Plan

2.3  Sustainable Growth - To ensure Wyndham's population growth is matched by the development of new physical, social and economic infrastructure, while protecting the City's existing assets and natural environment.

4.      Financial Implications

There are no financial implications foreseen for Council in respect of the granting of this planning permit.

5.      Economic/Employment and Social Implications

The subdivision will allow new residents to live in area designated for development, close to the centre of Werribee, facilitating the associated economic and social benefits of new communities with associated infrastructure.

6.      Environmental Implications

The subdivision will result in the removal of a number of trees across the site, however there is some opportunity to retain and/or replant in the tree reserve and nature strips.  The creation of the Werribee river reserve will ensure the sensitive river environment is sufficiently protected and managed.

7.      Community Consultation

Notice of the application was provided on a non-statutory (comments only) basis to nearby owners/occupiers, including:

·    Residents  of the Vineyard 1 Estate to the north of the Vineyard DP 2 Estate;

·    Other land parcels within the Vineyard DP 2 Estate; and

·    Riverwalk Estate (to the west of the subject site).

 

27 non-statutory objections have been received.  These objections primarily relate to the proposed lot density and the size of lots proposed.

 

The written objection topics and responses to these are summarised in the table below.

 

Objection Topic Summary

Officer Response

Ensure that the current application does not prevent block sizes in the northern part of Vineyard 2 area to have a lot size of 1,000sqm or greater.

The applicant and current application does not have control over what may be proposed in the northern land parcel.   The endorsed Development Plan specifically highlights the northern parcel for ‘lots along the northern boundary to be responsive to allow for a transition to lower lot sizes in the south’.  Any future application in the northern parcel would be assessed against this and other Development Plan requirements.

Ensure there is not a ’density compensation’ for northern blocks which are required to meeting the overall density requirements for Vineyard 2 estate.

That the proposed subdivision achieves 16dph does not necessarily prejudice having larger lots in the northern parcels.  There is opportunity in the larger land parcels 1 and 2 for a range of lot sizes, including medium density housing opportunities.  It cannot be assumed that as the current subject land parcel achieves the average density then the northernmost lots will have to be a lower size than the DP requires.

Ensure that lots along the northern boundary have a restrictive single dwelling covenant.

The northern parcel is not the subject of this application.  The appropriateness of a single dwelling covenant on the northern parcel would be considered at the time of an application for this area

Traffic – Farm Road and Geelong Road intersection problematic.

Longer term plans and permit conditions require the developer of Riverwalk estate to upgrade this intersection.  It is not considered an issue in the short term with the volume of vehicles generated from the proposed subdivision.

Traffic – Farm Road is in a poor state.

The developer will be required to provide adequate road access and associated road upgrades to the site from Farm Road by permit conditions.

 

Noting the significant number of objections received from nearby residents (primarily of Vineyard DP 1 Estate) a Town Planning Forum was held on 26 November 2016.  The following key themes were raised at the Forum by objectors.

·    Requirement for a transition to lower lot sizes in north – Vineyard 1 and River Sanctuary

·    Concern with dwelling yield estimates and associated lot size and densities:

If land parcels are developed as per the approved DP, then:

§ Average lot size in Parcels 2 and 3 will be approx. 375m2

§ Assume 12 lots of 1,000m2 in northern boundary transition zone

§ Remaining lot sizes in Parcel 1 will be an average of 495m2.

If land parcels are development as 16 lots/ha (as per proposed Parcel 3 design), then:

§ Average lot size in Parcels 2 and 3 will be approx. 430m2

§ Assume 12 lots of 1,000m2 in northern boundary transition zone

§ Remaining lot sizes in Parcel 1 will be an average of 425m2.

If Parcel 3 (and Parcel 2) is allowed a density of 16 dwellings per hectare, aside from the transition zone, the remaining lots in Parcel 1 will potentially be a smaller size to the majority of lots in Parcels 2 and 3, resulting in a reverse lot transition.

·    Character of existing Farm Road estates needs to be protected - expect large lots to continue in area

·    Seek covenant restrictions on the lots being created.

·    Seek confirmations on future planning assessment on land parcels that they will be assessed against the DP.

·    Keen to protect lifestyle and investment.

In response to these items, there are a number of key words that should be emphasised when comparing the subdivision application plan and the approved Development Plan, especially in relation to densities, being “indicative” and “approximate”. In addition, any proposal must be “generally” in accordance with the Development Plan (clause 43.04-1). These words are included to ensure that when detailed permit applications are prepared that the DP is flexible enough to accommodate site constraints or new information that comes to light as a result of the detailed design process.

 

Regarding the objectors concerns about a reverse lot size transition, noting that lot density is a guide and not mandated by policy, and that there may be a variety of lot sizes and dwellings developed on the parcels, it is too simplistic to assume that lot sizes will be smaller in the Parcel 1.  Notwithstanding, Parcel 1 is significantly larger than Parcels 2 and 3, and so would be capable of suitably accommodating a variety of lot sizes without prejudicing the character the adjoining Vineyard 1 Estate.  Critically, the objector’s Forum submission recognises “the use of assumed average lot sizes…does not necessarily show how the development will be established with ranges of lot sizes for conventional and medium density housing…”.      

 

The applicant provides the following commentary regarding their extent of control of the site/estate:

 

Your land Developments do not control the land to the north of our site (parcels 1 and 2) and we therefore cannot guarantee what these applications will contain however, we do believe that Council will assess these applications on their merit at the appropriate time and should they be unacceptable then they will be refused, however if they are deemed to be generally in accordance with the DP and achieve the objectives of the planning scheme then they should be supported.

 

There is opportunity in the remaining development parcels 1 and 2 for a range of lot sizes, including medium density housing opportunities, as well as incorporating large lots on the northern boundary, as per the DP requirement. 

 

In summary, while the non-statutory objections are recognised, it is considered that the proposal plan for Vineyard 2 Estate DP Parcel 3 is consistent with the DP and strikes an appropriate balance between various competing objectives.

8.       Conclusion

In conclusion, following a detailed assessment of the application against the Wyndham Planning Scheme, it is considered that the proposed subdivision should be supported on the basis that it:

·    Is situated in an location close to Werribee City Centre, appropriate for development;

·    The proposal is generally in accordance with the approved Vineyard 2 Estate Development Plan;

·    The proposal (at a density of 16 dwellings per hectare) does not prejudice the Development Plan requirement for ‘lots along the northern boundary to be responsive to allow for a transition to lower lot sizes in the south’;

·    The proposal facilitates residential development that is cost-effective in infrastructure provision and use;

·    The subdivision layout allows easy movement within and between neighbourhoods.

·    The proposal will transfer land adjacent to Werribee River to Council, open it up to public use, and allow for its appropriate environmental management; and

·    The proposal accords with the relevant plans and policies of the Wyndham Planning Scheme.

 


 

ATTACHMENT No: 1 - Proposed Subdivision Plan

 

Item No: 6.4.6

 

PDF Creator


 

ATTACHMENT No: 2 - Approved Vineyard 2 Estate Development Plan (for reference)

 

Item No: 6.4.6

 

PDF Creator

 

  


Other Reports

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: 00

 

 

Item No: 6.5.1

Director City Economy Innovation & Liveability - Kate Roffey

 

 

 

Wyndham City State of Environment Report 2015-2016

 

Summary

The 2015-2016 State of Environment Report for Wyndham City provides a snapshot of Wyndham’s environment and promotes the City’s environmental achievements and progress towards strategic objectives. The report is a key element of the City’s Environment and Sustainability Strategy 2016-2040 and provides the community with an update on key actions undertaken in the 2015-2016 financial year.  Actions reported are both by Council and the Wyndham community and are focused on protecting and enhancing the natural environment and improving sustainability in Wyndham.

The Report allows Council to track its progress towards the relevant strategic objectives and targets and look for potential improvements and emerging trends.

It is recommended that the 2015-2016 State of Environment Report be endorsed by Council and publicly released.

 

Attachments

1.

Wyndham City State of Environment Report 2015-2016 - printed in separate document

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Economy, Innovation and Liveability – Kate Roffey

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Environment & Water - Peter McKinnon

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Natural Environment Officer - Julie Dickson

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    Climate Change Action

·    Water Consumption

·    Waste and Litter

·    Sustainable Procurement

·    Biodiversity and Land Management

·    Community Action / Engagement

 

RECOMMENDATION

That Council endorse the Wyndham City 2015-2016 State of Environment Report for public release.


 

 

MOTION

 

CRS Kim McAliney / Josh Gilligan

 

That Council endorse the Wyndham City 2015-2016 State of Environment Report for public release.

(CARRIED)

 

1.      Background

Wyndham City has one of the fastest growth rates at both a state and national level. Its environmental future is driven by population growth, changing land uses, consumption patterns and risk management in a changing climate. Other than playing a key role in accommodating Melbourne’s existing and future residential and industrial populations, Wyndham City has significant intensive agriculture precincts, wastewater treatment infrastructure and sites of national and international conservation significance.

Part of meeting a balanced approach to growth and development is the consideration of our impacts on the environment through both our long term and day to day activities. Environmental monitoring and reporting is essential to describe the trends and processes of environmental data and highlight to the community where achievements have been made.

The State of Environment Report is based around six key themes: Climate Change Action, Water Consumption, Waste and Litter, Sustainable Procurement, Biodiversity and Land Management and Community Engagement.

2.      Discussion

Key highlights and achievements as outlined in the Report are:

-     The development of the new Environment and Sustainability Strategy 2016-2040. The Strategy, endorsed by Council in May 2016, sets the strategic direction for Council’s environmental management through short term (2016-2020) and long term (2020-2040) visionary targets. Targets have been set within three key themes: Sustainable City, Valuing Nature and Council Leadership.

-     Wyndham’s Large Scale Solar project was designed to reduce energy demands and greenhouse emissions through the installation of Solar PV across Wyndham’s community buildings. Wyndham City has currently installed more than 489 KW of solar PV and 32 KWh of Solar Energy Storage across 11 community buildings, with another 1,700 KW planned for delivery.  When the project is completed, over 2.3 MW of Solar PV will be installed, saving over 58,000 tonnes of greenhouse emissions and $10.9 million over 20 years.

-       The development of the Waste and Litter Strategy 2016-2040, adopted by Council in May 2016. The Strategy provides a roadmap to achieve the ultimate goal of 90% waste diversion from landfill. The vision for the Strategy is to lead and support a community that fosters a positive commitment to the environment by reducing their garbage, eradicating litter and viewing waste as a resource to be recovered, reused and recycled.

-       The Habitat Heroes program was launched in July 2015. Habitat Heroes is an exciting initiative to help Wyndham residents learn about using locally indigenous plants in their gardens and to create a small garden for wildlife. 39 participants were involved over two rounds of the program in 2015-2016, with over 1,170 locally indigenous trees, shrubs and grasses planted and 33 nest boxes installed.

-     Wyndham City held their first Environmental Building Blocks Community Leadership Program in July 2015. The 10 week program saw 26 eager and passionate environmentally minded residents complete the free accredited program. Participants learned how to formulate creative strategies and implement change in the community. The program has provided clear success to both the participants and wider community with graduates establishing/joining community groups, being elected onto the Council Portfolio Committee and completing further studies.

-       Sustainable procurement achievements:

 

In summary, the 2015-2016 State of Environment Report demonstrates Council’s commitment to protecting and enhancing Wyndham’s natural environment and managing its carbon footprint in the context of being a growing city. Further, it provides a baseline against which to measure and report on the achievements of the newly adopted Environment and Sustainability Strategy 2016-2040.

3.      City Plan

4.1  Natural - To ensure the natural assets and biodiversity of Wyndham are protected and managed in a sustainable manner so they can be enjoyed now and by future generations.

4.2  Built - To work in partnership with the Wyndham community to educate and enable residents and businesses to plan and make changes to their lifestyles and practices, to contribute to a sustainable, green and clean Wyndham City.

4.      Wyndham 2040 Vision

·    People and Community:
The 2015-2016 State of Environment Report includes a number of actions by local community members and groups in protecting and improving Wyndham’s natural environment

·    Places and Spaces:
The Report details actions towards improving Wyndham’s natural and built environments for a healthy and sustainable future.

·    Leadership and Participation:
The report details the extensive community engagement program offered by Council for residents, including up-skilling and leadership programs.

 

5.      Council Policy

Wyndham City Environment and Sustainability Strategy 2011-2015.

Wyndham City Environment and Sustainability Strategy 2016-2040.

6.      Financial Implications

All actions and programs identified within the Report were within Council adopted budget.

7.      Social Implications

The release of the 2015-2016 State of Environment Report will reaffirm to the community Wyndham City’s commitment to environmental sustainability and help to raise the profile of environmental initiatives in their local community setting.

8.      Environmental Implications

The 2015-2016 State of Environment Report provides a snapshot of Wyndham’s environment and promotes Council’s environmental actions and achievements. Information in the Report will help to guide future environmental actions and areas of focus.

9.      Community Consultation

Data from local environmental community groups was sought and used for the 2015-2016 State of Environment Report.

10.    Communication Strategy

The 2015-2016 State of Environment Report will be sent electronically to key stakeholders, uploaded onto our website and social media and hardcopies distributed to our community buildings.

 


Other Reports

 

Ordinary Council Meeting

Tuesday, 7 February 2017

 

File No: -

 

 

Item No: 6.5.2

Director City Transformation - Steven Lambert

 

 

 

Audit and Risk Management Committee Charter Review 2017

 

Summary

An updated version of the Wyndham City Council Audit and Risk Management Committee Charter (the “Charter”) has been submitted to Council for approval.

The Audit and Risk Management Committee (the “Committee”) completed its annual review of the Charter and formally approved the updated version of the Audit and Risk Management Committee Charter on 10 December 2016. The updated version of the charter simplifies and clarifies the scope, roles and responsibilities of the Committee, while also reflecting industry best-practice and meeting the expectations of Wyndham City Council.

 

Attachments

1.

Audit and Risk Management Committee Charter - 2017 Update

 

  

 

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Transformation - Steven Lambert

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Contract, Procurement and Risk Management – Ben Lester

In providing this advice as the Manager and Author, I have no disclosable interests in this report.

Key Issues

·    Under Section 139 of the Local Government Act 1989, Council is required to establish an Audit and Risk Management Committee;

·    The Audit and Risk Management Committee is an independent advisory committee to Council;

·    The Audit and Risk Management Charter details the responsibilities of the committee and empowers the committee to execute them;

·    The Audit and Risk Management Committee Charter is to be reviewed on an annual basis to ensure it reflects industry best-practice and meets the expectations of Council.

 

 

RECOMMENDATION

That Council approve the updated Audit and Risk Management Committee Charter for the Audit and Risk Management Committee.

 

 


 

 

MOTION

 

CRS Kim McAliney / Intaj Khan

 

That Council approve the updated Audit and Risk Management Committee Charter for the Audit and Risk Management Committee.

 

(CARRIED)

 

1.      Background

The Audit and Risk Management Committee (the “Committee”) is an advisory committee to Council that is empowered under Section 139 of the Local Government Act (Vic) 1989. The objective of the Committee is to provide independent assurance and advice to Council on matters pertaining to Council’s reporting responsibilities, the effectiveness of its internal controls, its risk management framework including business continuity planning and their effectiveness, the audit work of both the internal and external auditors and Council’s compliance with legislation and regulations.

The Committee has the responsibility to:

·    Seek resolution on any disagreements between management and the external auditors;

·    Review all audit reports material to the operation of Council;

·    Seek any information it requires from Councilors, Council staff or external agencies via the CEO to fulfill its responsibilities;

·    Formally meet with Council staff, internal auditors and external auditors as it deems necessary;

·    Request external legal or other professional advice, as considered necessary to meet its responsibilities, at Council’s expense;

·    Recommend to Council the appointment and termination of appropriate internal audit resources;

The committee consists of the following: