Urban Planning Special Committee Agenda 04/07/16 UPC2 826 Glenferrie Road, Hawthorn
Application no.: PP15/01056 (File 40/409/11009)
Responsible director John Luppino City Planning
Authorised by: Simon Mitchell Manager Statutory Planning
Report officer: Kristian Cook - Senior Planner Statutory Planning
Abstract
Proposal
The proposal seeks to use the land for the sale and consumption of liquor in association with a restaurant.
Liquor will be sold and consumed during the following trading hours:
Sunday to Thursday (Excluding ANZAC Day): 12.00pm (midday) to 10.00pm; Friday and Saturday: 12.00pm (midday) to 11.00pm; ANZAC Day: 12.00pm (midday) to 11.00pm.
The ground floor will contain 56 seats, whilst the first floor will provide for an additional 98 seats (154 total seats). The maximum number of patrons proposed is 154.
Seating is generally located within the existing building, with the exception of 8 seats being available within an outdoor seating area located at the front of the building, within the title boundary.
Liquor is to be served in association with a meal.
The type of licence will be “restaurant and café”.
Issues
The following are key issues in respect of this application:
The impact the sale and consumption of liquor will have on the amenity of the surrounding area in relation to: . Hours of operation; . Number of patrons; and . Cumulative impact of existing licensed premises within the area and the proposed licensed premises.
Officer's response
Details of the proposal, discussion of all objections and assessment against relevant controls and policies are contained in the attachment of this report.
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This assessment is limited to the provisions of Clause 52.27 (Licensed Premises). Matters in relation to car parking, traffic, loading and unloading of delivery vehicles or general amenity considerations of a restaurant use, cannot be considered as part of this assessment.
The site is located within the Glenferrie Activity Centre, which is considered to be an appropriate location for the establishment of restaurant that includes the sale and consumption of liquor with a meal.
The layout of the restaurant will ensure that nearby residential properties have no direct interaction with the areas of the restaurant where liquor will be sold or consumed.
The use is not considered to create any new disruptive impacts arising from patron dispersal, in association with other licensed premises within the area.
Officers' recommendation
That the Urban Planning Special Committee resolve that a Notice of Decision to Grant Planning Permit No. PP15/01056 for the sale and consumption of liquor in association with a restaurant at 826 Glenferrie Road, Hawthorn be issued under the Boroondara Planning Scheme subject to the following conditions:
Layout and use not to be altered 1. The layout of the site and the size, levels, design and location of buildings and works and the description of the use(s) on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.
Licensed premises 2. The predominant activity carried out on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises.
Tables and chairs must be placed in position on the licensed premises so as to be available for at least 75 per cent of the patrons attending the premises at any one time, to the satisfaction of the Responsible Authority.
Hours of operation 3. The use allowed under this permit must operate only during the following hours, except with the prior written consent of the Responsible Authority:
Sunday to Thursday (Excluding ANZAC Day): 12.00pm (midday) to 10.00pm; Friday and Saturday: 12.00pm (midday) to 11.00pm; ANZAC Day: 12.00pm (midday) to 11.00pm.
Hours of operation of the outdoor seating area 4. The servicing and consumption of liquor within the outdoor seating must cease by 10.00pm.
Number of patrons restricted 5. No more than 154 patrons are permitted on the premises, including outdoor areas, at any time without the prior written consent of the Responsible Authority.
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Noise from public premises 6. Noise levels emanating from the premises must not exceed the relevant levels prescribed under State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the satisfaction of the Responsible Authority.
Loudspeakers 7. No external sound amplification equipment or loudspeakers are to be used for the purpose of announcements, broadcasts, playing of music or similar purposes, to the satisfaction of the Responsible Authority.
Hours for waste collection 8. Collection of bottles or other containers associated with the selling of liquor must be conducted so as not to cause any unreasonable disturbance to nearby residential properties and may only take place during the following times:
Monday to Friday: 7:00am to 6:00pm Saturday & Public Holidays: 9:00am to 6:00pm Sunday: No collection allowed
to the satisfaction of the Responsible Authority.
Permit to expire 9. This permit will expire if the use is not started within two (2) years of the issue date of this permit.
The Responsible Authority may extend the times referred to if a request is made in writing before the permit expires or within six (6) months afterwards if the use has not commenced.
Council and the Victorian Civil and Administrative Tribunal are unable to approve requests outside of the relevant time frame.
Notes:
Headings are for ease of reference only and do not affect the interpretation of permit conditions.
This permit shall have no force or effect until such time as a Restaurant and Cafe Licence is issued by the Department of Justice Victoria.
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STATUTORY PLANNING OFFICERS REPORT Urban Planning Committee
Application Number PP15/01056 Date Application Received 28 September 2015 Planning Officer Kristian Cook
Applicant Keen Planning Owner Maxada Nominees Pty Ltd
Property Address 826 Glenferrie Road, Hawthorn Proposal Use of the land for the sale and consumption of liquor in association with a restaurant. Ward Glenferrie
Zoning Commercial 1 Zone Overlays Parking Overlay (PO1) Drainage Area of Interest? Yes
Advertised? Yes Number of Objections Received 56 Recommendation Notice of Decision to Grant a Planning Permit
PLANS ASSESSED IN THIS REPORT Plans advertised on April 2016
PROPOSAL
Appendix A - Plans
An application has been made to Council for the use of the land for the sale and consumption of liquor in association with a restaurant.
Details of the proposal are summarised as follows:-
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x Liquor will be sold and consumed during the following trading hours: Sunday to Thursday (Excluding ANZAC Day): 12.00pm (midday) to 10.00pm; Friday and Saturday: 12.00pm (midday) to 11.00pm; ANZAC Day: 12.00pm (midday) to 11.00pm. x The ground floor will contain 56 seats, whilst the first floor will provide for an additional 98 seats (154 total seats). x The maximum number of patrons proposed is 154. x Seating is generally located within the existing building, with the exception of 8 seats being available within an outdoor seating area located at the front of the building, within the title boundary. x Liquor is to be served in association with a meal. x The type of licence will be “restaurant and café”.
THE SITE
Appendix B - Locality Plan
Site Location The subject site is located on the eastern side of Glenferrie Road. Width of Frontage 11.29 metres Maximum Depth of Site 45.05 metres Total Site Area 508 square metres Easements The subject site is not encumbered by any easements. Fall of the Land The site is generally flat with minimal fall across the allotment. Front Fencing Details The site does not have front fencing.
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Figure 1 - View of subject site (Glenferrie Road frontage)
Rear of subject site
Figure 2 - View of subject site (Rear laneway) and eastern elevation of No. 1 Johnson Street
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x The subject site is currently developed with a two-storey commercial building. x The existing building is constructed to all title boundaries. x Two (2) on-site car spaces are provided at the rear of the site. x Vehicle access is via a rear laneway that is accessed from Johnson Street.
THE SURROUNDING AREA
Subject site
Figure 3 - Aerial view of subject site and surrounding area.
The subject site is located within a mainly commercial context, with the exception of the residential properties located to the rear (north-east and east) of the subject site within Johnson Street and Churchill Grove. The rear of the site has a direct interface with the residentially zoned land at No. 1 Johnson Street and No. 2 Churchill Grove.
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North:
Figure 4 - Commercial properties (Numbers 826-836 Glenferrie Road).
Located to the north of the subject site is a group of two-storey commercial buildings, which are used as follows:
x No. 828 Glenferrie Road - dental clinic; x No. 830 Glenferrie Road - restaurant; x No. 832 Glenferrie Road - clothing shop; x No. 834 Glenferrie Road - food and drink premises (Café); and x No. 836 Glenferrie Road - food and drink premises (Ice Cream Shop).
All of the above properties are provided with car parking and loading/unloading provisions at the rear of the respective sites, which are accessed from the rear laneway extending from Churchill Grove.
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East:
Figure 5 - Rear laneway to subject site and No. 1 Johnson Street.
To the east of the subject site is an existing laneway that provides vehicle access to the commercial properties fronting Glenferrie Road at numbers 822, 824 and 826 Glenferrie Road.
Further to the east is a double-storey dwelling located at No. 1 Johnson Street. This dwelling is partially located on common boundary between the laneway and No. 1 Johnson Street. To the rear of the dwelling is an area of secluded private open space, which is immediately adjacent to the rear of the subject site.
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South:
Figure 6 - Commercial properties (Numbers 818-824 Glenferrie Road).
Located immediately to the south of the subject site at No. 824 Glenferrie Road is a two- storey commercial building, which is currently used as an indoor recreation facility (gymnasium). This use was approved by Planning Permit PP13/00656 on 5 June 2014, which limits the number of patrons to no more than thirty-five (35) at any one time, whilst a maximum of two (2) staff are permitted on the site at any one time. The use operates 24 hours a day, 7 days a week.
Further to the south at No. 822 Glenferrie Road is a two-storey commercial building, which is currently used as a shop and office.
Located at No. 818 Glenferrie Road on the southern corner of the intersection of Johnson Street and Glenferrie Road, is a three-storey commercial building that is currently under construction. This development was approved by Planning Permit PP12/00366 on 8 November 2012, which allowed the use of the ground floor for shops, whilst the upper levels are approved for office uses. It is noted that Planning Permit Application No. PP15/01424 is currently under consideration with Council for this site1. This application is for the construction of buildings and works (alterations to shop front) and sale and consumption of liquor for a restaurant (two restaurants are proposed). The restaurants are proposed to occupy the ground floor commercial space of the building and are for a combined total of 281 patrons. A reduction of the car parking requirements
1 Advertising completed on 18 May 2016. At the time of this report, a total of 12 objections had been received.
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for the change of use from the approved shops to the restaurants does not form part of this application, as both uses have the same car parking requirements pursuant to the Table 1 in Clause 52.06-5.
West:
Figure 7 - Commercial properties (Numbers 781-789 Glenferrie Road).
Figure 8 - Commercial properties (Numbers 789-793 Glenferrie Road).
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Figure 9 - Commercial properties (No. 795 Glenferrie Road).
Located opposite the subject site are a group of two-storey commercial buildings, which consist of shops, offices and food and drink premises as follows:
x No. 781 Glenferrie Road - dental clinic; x No. 783 Glenferrie Road - shop (clothing alterations); x No. 785 Glenferrie Road - food and drink premises (Juice bar); x No. 787 Glenferrie Road - restaurant; x No. 789 Glenferrie Road - restaurant; x No. 791 Glenferrie Road - restaurant; x No. 793 Glenferrie Road - vacant; and x No. 795 Glenferrie Road - offices.
RESTRICTIVE COVENANT/AGREEMENTS
No covenant or restriction has been registered on Title for this property.
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ABORIGINAL CULTURAL HERITAGE
Is the site within an area of Aboriginal No cultural heritage sensitivity? Is a Cultural Heritage Management Plan No required?
PERMIT/SITE HISTORY
A review of Council records indicates that there have been no previous planning applications at the subject site.
NOTICE OF APPLICATION
Pursuant to Section 52 of the Planning & Environment Act 1987, the application was advertised by:-
x Sending notices to the owners and occupiers of adjoining land; and x Placing signs on the land for a period of 14 days.
Objections have been received to the proposal. The grounds of objection are summarised as follows:-
x Insufficient car parking; x Increased traffic congestion; x Excessive hours of operation; x Excessive patron/seating numbers; x Unreasonable noise impacts from patrons, staff and delivery vehicles; x Insufficient waste management provisions; x Increase in antisocial behaviour in the area; x Insufficient details relating to ventilation equipment for the kitchen; x Insufficient details in relation to the proposed buildings and works; and x Construction works will further exacerbate the high level of current construction occurring within the area.
AMENDMENTS TO THE PROPOSAL AFTER ADVERTISING (12 April 2016)
An amendment to a planning application was lodged with Council after notification. The proposed changes are as follows:-
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x Reduction to the number of patrons and seating from 250 to 154; x Alteration to the hours of operation from 11.00am to midnight, 7 days a week to: Monday to Saturday (Excluding ANZAC Day): 9.00am to 11.00pm; Sunday: 10.00am to 11.00pm; and ANZAC Day and Good Friday: 12.00pm (midday) to 11.00pm. x Minor alterations to the internal layout; and x Additional information in relation to the use of the land.
The amended application was re-advertised by:-
x Sending notices to the owners and occupiers of adjoining land and all objectors; and x Placing signs on the land for a period of 14 days.
CONSULTATION MEETING
A consultation meeting was held on the 25 May 2016. The Ward Councillor, applicant, objectors and planning officers attended the meeting.
The following issues were discussed:-
x Availability of car parking within the following surrounding streets: Salisbury Grove Sercombe Grove Churchill Grove Johnson Street x These streets require more resident only parking restrictions. x Cars being parked illegally (i.e. Non-residents in resident parking zones, parking across driveways and ignoring parking time limit restrictions - 2P). x Waste management, including collection and storage of waste. x Deliveries of goods and use of the rear laneway, which is narrow (2.7m wide). x Excessive hours for the sale and consumption of liquor. Would prefer midday to 10pm.
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x 7 days a week operation is excessive. Most other restaurants in the area close for at least one day a week. x Clause 52.06 and Clause 52.07 are required to be considered. x Patron noise. x Amenity impacts on the dwelling at No. 1 Johnson Street, as this dwelling is built to the boundary of the rear laneway.
No objections have been withdrawn as a result of the meeting.
AMENDMENTS TO THE PROPOSAL AFTER CONSULTATION (7 June 2016)
An amendment to a planning application was lodged with Council after the consultation meeting, to respond to a number of concerns by residents at the consultation meeting. The proposed changes are as follows:-
x A reduction to the hours of operation to: Sunday to Thursday (Excluding ANZAC Day): 12.00pm (midday) to 10.00pm; Friday and Saturday: 12.00pm (midday) to 11.00pm; ANZAC Day: 12.00pm (midday) to 11.00pm. x The replacement of the existing windows on the eastern elevation with double glazed frosted glazing; x The replacement of the first floor roller door on the eastern elevation with a double glazed frosted window and solid brick from the finished floor level to the sill height of the window (the sill height will match that of the two other first floor windows on this elevation, which is approximately 1 metre above the finished floor level); x The ground floor roller door on the eastern elevation to be replaced with solid brick; x The location of the exhaust flue is now included on the plans. The flue is to be located adjacent to the northern boundary and setback 12.35 metres from the rear (eastern) boundary, with the exhaust directed towards Glenferrie Road; x The addition of a waste storage area within the rear of the ground floor of the existing building;
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x The following information has also been provided in relation to waste collection and delivery of goods: Waste will be collected once a day, which will occur at the rear of the site by a private collector; and Deliveries of goods are to occur twice a day between 10.00am and 4.00pm by utilising small commercial vans. The deliveries are expected to occur at the rear of the site from the rear laneway, or via the designated loading zone on Glenferrie Road adjacent to No. 818 Glenferrie Road.
INTERNAL REFERRALS
The application was not required to be referred internally.
EXTERNAL REFERRALS
The application was not required to be referred externally.
GOVERNANCE ISSUES
The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights contained in the Victorian Charter of Human Rights and Responsibilities Act 2006.
The officers responsible for this report have no direct or indirect interests requiring disclosure.
CONSIDERATIONS
In assessing this application, consideration has been given to the following:-
x The objectives of planning in Victoria as detailed in Section 4 of the Planning & Environment Act 1987; x Section 60 of the Planning & Environment Act 1987; x The relevant provisions and decision guidelines of the Boroondara Planning Scheme including the decision guidelines of Clause 65; and x Any objections received.
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This proposal does not raise any significant adverse social or economic impacts. General social and economic impacts are addressed by the planning policy assessment below.
BOROONDARA PLANNING SCHEME
ZONING & OVERLAYS
Appendix C - Zoning Map
Commercial 1 Zone
Use
Pursuant to Clause 34.01-1 of the Boroondara Planning Scheme, the use of the land as a restaurant is a Section 1 Use, permit not required.
Buildings and works
Pursuant to Clause 34.01-4 of the Boroondara Planning Scheme, a permit is required to construct a building or construct or carry out works.
This does not apply to:
x The installation of an automatic teller machine. x An alteration to an existing building façade provided: The alteration does not include the installation of an external roller shutter. At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing. x An awning that projects over a road if it is authorised by the relevant public land manager.
Officer Discussion:
Use
The use of the land as a restaurant is not a specifically listed use within the table of uses located within Clause 34.01-1 of the Boroondara Planning Scheme. However, a restaurant use nests under the land use term of retail premises within Clause 75.11
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(Nesting Diagrams - Retail Premises Group). A retail premises is listed as a Section 1 Use pursuant to Clause 34.01-1. Therefore, the use of the land as a restaurant is an as of right use that does not require a planning permit.
Buildings and works
The following changes are proposed to the existing building:
x Remove the existing ground floor shopfront and replace with new shopfront; x Construct outdoor dining area within the Glenferrie Road frontage of the existing building (ground floor only); x Apply new render to the first floor façade; x Replace the first floor roller door on the eastern (rear) elevation with a double glazed frosted window and bricks; x Replace the existing first floor east facing windows with double glazed frosted windows; x Remove the existing chain wire fencing located at the rear of the building; x Replace the existing ground floor roller door on the eastern (rear) elevation with bricks; x Replace the existing ground floor pedestrian door with a new door; x The addition of an exhaust flue; and x Internal works.
The new shopfront will consist of a recessed glazed entrance that will be setback approximately 3 metres from the Glenferrie Road (western) boundary of the subject site. Within this setback, will be seating and tables for 8 patrons and a 1.2 metre high fence on the western boundary. The first floor render will be applied to existing rendered surfaces. These works are not considered to trigger a planning permit, as the ground floor façade of the building will be fully glazed, or form the entrance to the building, which satisfies the exemption contained within Clause 34.01-4.
The replacement of the first floor roller door on the eastern (rear) elevation with a window and bricks is not considered to require a planning permit, as the new window and bricks will fit into the existing opening of the roller door, which is not considered to be making structural changes to the building. Similarly, the replacement of the ground floor roller door with bricks is also not considered to require a planning permit.
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The installation of an exhaust flue to the roof of the existing building is not considered to be making structural changes to the building and does not require a planning permit.
The application of new render to the first floor and the removal of the existing chain wire fence do not require a planning permit, as alterations, demolition or removal of a building are not a permit trigger pursuant to the Commercial 1 Zone.
In relation to the internal buildings and works, pursuant to Clause 62.02-2 of the Boroondara Planning Schemes, a planning permit is not required for:
x The internal rearrangement of a building or works provided the gross floor area of the building, or the size of the works, is not increased and the number of dwellings is not increased.
Parking Overlay
Pursuant to Clause 45.09-1 of the Boroondara Planning Scheme, this overlay operates in conjunction with Clause 52.06.
The key purpose of the Schedule 1 to this overlay, which is applicable to this assessment, is that it varies the car parking requirements contained within Table 1 of Clause 52.06-5, by applying the car parking rate contained within Column B of that table for all uses, except for dwelling and office uses.
Therefore, the number of car parking spaces required for the use of the land as a restaurant is to be calculated using the Rate in Column B of that Table.
PARTICULAR PROVISIONS
Clause 52.06 - Car Parking
Pursuant to Clause 52.06 of the Boroondara Planning Scheme, before a new use commences the number of car parking spaces required under Clause 52.06-5, or in a schedule to the Parking Overlay must be provided to the satisfaction of the Responsible Authority.
Pursuant to Clause 52.06-3 of the Boroondara Planning Scheme, a permit is required to:
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x Reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay. x Provide some or all of the car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay on another site. x Provide more than the maximum parking provision specified in a schedule to the Parking Overlay.
Pursuant to Clause 52.06-3A, unless a schedule to the Parking Overlay specifies otherwise, a permit is not required under Clause 52.06-3 if:
x The number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay for a new use of land is less than or equal to the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay for the existing use of the land; and x The number of car parking spaces currently provided in connection with the existing use is not reduced after the new use commences.
Officer Discussion:
The subject site was previously used as a shop (computer products), which had operated from the existing building from approximately 2005 until late 2015.
The use of the land as a shop or restaurant, are both listed uses within the Table 1 of Clause 52.06-5.
As previously identified, the Schedule 1 to the Parking Overlay varies the car parking rate for a shop and restaurant use to be calculated using Column B of Table 1 of Clause 52.06-5. Column B of the table states that both land uses have a car parking rate of 3.5 spaces to each 100 square metres of leasable floor area.
The application does not propose to alter the existing leasable floor area, whilst the rear car parking area will be made more accessible by the removal of the existing chain wire fence, which will ensure that the existing number of car spaces provided on the land is not reduced.
Therefore, a planning permit is not required for a reduction of car parking.
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Clause 52.07 - Loading and Unloading of Vehicles
No building or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless:
x Space is provided on the land for loading and unloading vehicles as specified in the table below. x The driveway to the loading bay is at least 3.6 metres wide. If a driveway changes direction or intersects another driveway, the internal radius at the change of direction or intersection must be at least 6 metres. x The road that provides access to the loading bay is at least 3.6 metres wide.
A permit may be granted to reduce or waive these requirements if either:
x The land area is insufficient. x Adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority.
Officer Discussion:
As previously discussed within the zoning section of this report, it is proposed to make minor alterations to the existing building, which does not require a planning permit. This is because the scope of the alterations are not considered to be included within the definition of ‘building’2 or ‘works’3, as defined by the Planning and Environment Act 1987.
Therefore, a planning permit is not required for a waiver of the loading and unloading of vehicles requirement.
Clause 52.27 - Licensed Premises
Pursuant to Clause 52.27 of the Boroondara Planning Scheme, a permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998.
2 ‘Building’ - Defined as a structure and part of a building or a structure, fences, walls, out-buildings, service installations and other appurtenances of a building. 3 ‘Works’ - Defined as any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil
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Officer Discussion:
The application proposes the sale and consumption of liquor in association with a restaurant.
Pursuant to Section 7 of the Liquor Control Reform Act 1998, a restaurant and café licence may be issued under this Act.
Therefore, a planning permit is required to use the land to sell and consume liquor.
OFFICER ASSESSMENT
STATE PLANNING POLICY FRAMEWORK
The following state policies are relevant to the assessment of the current application:-
x Clause 11 - Settlement x Clause 17 - Economic Development x Clause 19 - Infrastructure
Clause 11-01-2 (Activity Centre Planning) aims to:
To encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community.
This is to be achieved by:
x Reduce the number of private motorised trips by concentrating activities that generate high numbers of (non-freight) trips in highly accessible activity centres. x Broaden the mix of uses in activity centres to include a range of services over longer hours appropriate to the type of centre and needs of the population served. x Provide a focus for business, shopping, working, leisure and community facilities. x Improve the social, economic and environmental performance and amenity of the centre.
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Clause 17-01-1 (Business) aims to:
To encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.
This is to be achieved by:
x Locate commercial facilities in existing or planned activity centres. x Provide small scale shopping opportunities that meet the needs of local residents and workers in convenient locations.
Clause 19.02-3 (Cultural Facilities) aims to:
To develop a strong cultural environment and increase access to arts, recreation and other cultural facilities.
This is to be achieved by:
x Encourage a wider range of arts, cultural and entertainment facilities including cinemas, restaurants, nightclubs and live theatres, at Principal and Major Activity Centres.
Officer Discussion:
Plan Melbourne is a long-term plan to accommodate Melbourne’s future growth in population and employment. It seeks to integrate long-term land use, infrastructure and transport planning to meet the population, housing and employment needs for the future and to build a vibrant central city core.
Plan Melbourne provides communities with clear direction about the future of their neighbourhoods, identifies areas that can accommodate future growth, seeks to ensure that any new development will make a positive contribution to local areas whilst simultaneously acting to protect the majority of our existing suburban areas from inappropriate development.
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State policy seeks to encourage development and land uses which meet the community’s needs for retail, entertainment, office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.
State policy encourages a wider range of arts, cultural and entertainment facilities including cinemas, restaurants, nightclubs and live theatres within activity centres.
The proposal is considered to be generally consistent with the objectives outlined in the relevant Clauses of the State Planning Policy Framework.
LOCAL PLANNING POLICY FRAMEWORK
The following Local policies are relevant to the assessment of the current application:-
x Clause 21.08 - Activity Centres and Enterprise Corridors
The key issues identified within Clause 21.08 relevant to this assessment, are considered to be as follows:
x The long term viability of the traditional strip shopping centres, many of which are experiencing decline or change. x Competition from free standing mall based centres in neighbouring municipalities. x Pressure for increased commercial / office activity in the neighbourhood centres.
The key objective relevant to this assessment, are considered to be as follows:
x To maintain and strengthen the network of activity centres, neighbourhood centres and commercial corridors within Boroondara. x To encourage and retain retail expenditure within Boroondara.
Officer Discussion:
The Municipal Strategic Statement identifies the ongoing viability of traditional strip shopping centres, such as the Glenferrie Road Shopping Centre, as a key issue. This is attributed to the experienced decline or change that is occurring within these centres, due to the relocation of existing retail to areas outside of Boroondara. It is therefore imperative that new uses be encouraged within these locations, to ensure that the vibrancy and attraction to the Glenferrie Road Shopping Centre continues to thrive.
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The location of the proposed use within the Glenferrie Activity Centre is considered to be in line with the Local Planning Policy Framework, as it will complement the adjacent commercial and retail uses.
The proposed use will enhance the role and function of the Glenferrie Road Shopping Centre by providing for a vibrant use that will service the community. It is therefore considered the proposed use of the land for the sale and consumption of liquor in association with a restaurant is appropriate for this site.
Clause 52.27 - Licensed Premises
A planning permit is required to use the land to sell or consume liquor as a licence is required under the Liquor Control Reform Act 1998. The application involves the selling and consuming of liquor to occur at all times during the restaurants proposed trading hours:
x Sunday to Thursday (Excluding ANZAC Day): 12.00pm (midday) to 10.00pm; x Friday and Saturday: 12.00pm (midday) to 11.00pm; x ANZAC Day: 12.00pm (midday) to 11.00pm.
Before deciding on an application, in addition to the decision guidelines contained in Clause 65, the Responsible Authority must consider, as appropriate:
x The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. x The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area. x The impact of the hours of operation on the amenity of the surrounding area. x The impact of the number of patrons on the amenity of the surrounding area. x The cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area.
Whilst the objectives of the particular provision are:
x To ensure that licensed premises are situated in appropriate locations. x To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.
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Officer Discussion
Location in an Activity Centre
The subject site is located within the Glenferrie Activity Centre, which is considered to be an appropriate location for the establishment of restaurant that includes the sale and consumption of liquor with a meal.
State Planning Policy and the Municipal Strategic Statement both support the location of restaurants (which include the sale and consumption of liquor) within shopping centres such as the Glenferrie Road Shopping Centre, as they contribute to the community, whilst ensuring the ongoing viability of such centres.
Nature of the use
The nature of the proposed use is to allow for patrons of the restaurant to purchase and consume an alcoholic drink in association with a meal.
The applicant has indicated in their application that the menu is to be available for the duration of the proposed operating hours.
The proposed hours of operation are considered to be consistent with that of other similar uses currently operating within the Glenferrie Road Shopping Centre. The hours of operation are also consistent with those contained within Council’s Instrument of Delegation - March 2016, which are as follows:
x Monday-Saturday (excluding ANZAC and Good Friday) 7.00am to 11.00pm x Sunday 10.00am to 11.00pm x ANZAC Day and Good Friday 12 noon to 11.00pm
Under a restaurant and café licence, there is a requirement that 75 per cent of patrons be seated. The proposal provides for 154 seats for the 154 patrons proposed, which exceeds this requirement. It is recommended that patron numbers be controlled by a permit condition.
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Amenity Impacts - Residential
The site is provided with sensitive interfaces to the rear, as it adjoins the land to the north-east at No. 2 Churchill Grove and to the east at No. 1 Johnson Street, which are both located within the Neighbourhood Residential Zone.
The property to the north-east at No. 2 Churchill Grove is provided with an outbuilding that is constructed at the rear of the property, along its eastern, southern and western boundaries. This outbuilding acts as a barrier that separates the secluded private open space and living areas of the dwelling, from the subject site.
The property to the east at No. 1 Johnson Street is provided with its area of secluded private open space immediately adjacent to the rear of the subject site. A section of the dwelling is located on the boundary of the laneway at the rear of the subject site, with a number of windows located on this elevation of the dwelling (on the boundary). The windows are associated with the living area of the dwelling, albeit secondary windows, as the primary windows of this area of the dwelling face north and east onto the dwelling’s secluded private open space.
The restaurant use is to be contained within the existing building, with the exception of the outdoor seating area located in front of the new ground floor façade.
The area of the building where liquor will be sold and consumed is limited to the front half of the ground and first floor of the building. The rear of the ground floor is to be used for the kitchen, waste storage and car parking, whilst the very rear of the first floor will be used as an office and staff room. There are also three (3) function rooms and toilet facilities located between the first floor dining area and the office and staff room.
The permit applicant has amended the application further by proposing the following changes to the existing building, to assist with reducing possible amenity impacts on the nearby residential properties:
x Removing roller doors on the eastern elevation and replacing with brick and a double glazed frosted window; x The replacement of the existing first floor eastern windows with double glazed frosted windows; and x The addition of an internal waste storage area.
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The customer entrance to the restaurant will be limited to the Glenferrie Road frontage of the site.
It is considered that the layout of the restaurant and the areas of the restaurant where liquor can be sold and consumed, will ensure that the residential properties located within Churchill Grove and Johnson Street will have no direct interaction with the areas of the restaurant where liquor will be sold or consumed.
It is recommended that given the sensitive interface to the rear, in particular the property at No. 1 Johnson Street, that limitations be placed on the timing of waste collection, to ensure that the amenity of the nearby residential properties is not unreasonably impacted by the proposal. This requirement will form a recommended condition.
General Amenity Impacts
The subject site is located within the Glenferrie Road Shopping Centre, within the Glenferrie Activity Centre. Located along Glenferrie Road are a number of properties that provide for the selling and consuming of liquor in association with a restaurant or café use.
The proposed hours of operation are considered to be consistent with that seen on a number of other similar uses within this area of Glenferrie Road. Whilst the number of patrons are higher than some of the existing restaurants or cafés within the area, it is not considered that the provision of a 154 seat restaurant, which includes the selling and consuming of liquor, will unreasonably impact on the general amenity of the Glenferrie Road Shopping Centre.
It is recommended that conditions be imposed that limit the operation of the use to the patron/seat numbers and the hours of operation proposed, with the exception of the use of the outdoor seating area within the Glenferrie Road frontage of the site. It is recommended that the service and consumption of liquor in this area cease by 10.00pm, 7 days a week. This will ensure that the use does not transform into a more intensive use without further planning permission.
Cumulative Impact
Clause 52.27 of the Boroondara Planning Scheme requires the consideration of the cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area.
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The Department of Environment, Land, Water and Planning (DELWP) have prepared Practice Note 61 - Licensed premises: Assessing Cumulative Impact, to assist in the assessment of licensed premises. This Practice Note recognises that cumulative impacts can result in both negative and positive impacts as follows:
Negative cumulative impacts can include increased occurrences of:
x Nuisance including noise and anti-social behaviour from intoxicated persons x Infrastructure capacity problems including limited availability of transport and car parking for patrons and local residents x Violence and perceived threats to safety x Crime including vandalism, trespass and property damage.
Positive cumulative impact can include:
x The creation of a local ‘identity’ or status as an entertainment or tourism destination x Enhanced vitality of an area x Economic benefits x Increase in consumer choice x Increased ability to manage impacts, for example by concentrating venues around transport to aid dispersal of patrons.
The Practice Note sets out the following tests when applying these guidelines as follows:
x Will be licensed and open after 11pm; and x Is in an area where there is a cluster of licensed premises.
The proposal will cease operation at 10pm, except on Friday and Saturday where it will cease at 11pm.
The Practice Note provides the following guidance to assist with defining a cluster of licensed premises as:
Determining whether a cluster of licensed premises exists is a matter of common sense that should take into account the number and type of licensed premises in an area, their
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distance from the subject land, and whether they can be easily accessed from the subject land. As a general guide, a cluster would occur where there are:
x Three or more licensed premises (including the proposed premises) within a radius of 100 metres from the subject land; or x 15 or more licensed premises (including the proposed premises) within a radius of 500 metres from the subject land.
The map below shows all licensed premises within 250 metres of the subject site:
Tao Tao House: Ribs & Burgers: 815 Glenferrie Road Tenancy 1, 862 Glenferrie Road Restaurant and Café Restaurant and Café Licence
Rococo: Shops 3-6/797 Glenferrie Gensuke Hawthorn: Road 860-862 Glenferrie Road Restaurant and Café Restaurant and Café Licence
Fat Boy Thai Kitchen: 850 Glenferrie Road Restaurant and Café Licence
Miyakaki Japanese Restaurant: Gami Hawthorn: 791 Glenferrie Road 840 Glenferrie Road Restaurant and Café Restaurant and Café Licence Licence
Bay City Burrito: 838 Glenferrie Road Humburger: Restaurant and Café Licence 789 Glenferrie Road Restaurant and Café Izakaya Jiro: 830 Glenferrie Road Restaurant and Café Licence Santorini: 787 Glenferrie Road Subject Site Restaurant and Café
Lulo: 798 Glenferrie Road Liar Liar: Restaurant and Café Licence Shop 2, 769 Glenferrie Road On-Premises Licence Grill’d: 754 Glenferrie Road Restaurant and Café Licence Chapel Bakery Café: 753 Glenferrie Road Restaurant and Café
Indomart Asian Grocery: 739 Glenferrie Road Limited Licence
Figure 10 - Map of Licensed Premises within 250 metres of the subject site.
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The following licensed premises are located between 250 and 500 metres of the subject site, which are not included on the above map:
Premises Address Licence Fonda Mexican 653 Glenferrie Road Restaurant and Café Licence Dumpling King Chinese 656 Glenferrie Road Restaurant and Café Restaurant Licence Crabapple Kitchen 659 Glenferrie Road Restaurant and Café Licence Hooked - Healthy Seafood 669 Glenferrie Road Restaurant and Café To Go Licence Schnitz Shop 4, 672 Glenferrie Restaurant and Café Road Licence The Resistance Bar & Café Shop 6, 672 Glenferrie Restaurant and Café Road Licence Osha Thai Kitchen Shop 10, 672 Glenferrie Restaurant and Café Road Licence Huxta-Burger Shop 5, 673-681 Glenferrie Restaurant and Café Road Licence Lido Cinemas 673 Glenferrie Road On-Premises Licence Room 680 1st Floor, 674-680 Late Night (On-Premises) Glenferrie Road Licence BWS - Beer, Wine, Spirits Shops 22/23, 674-680 Packaged Liquor Licence Glenferrie Road Café Blac 707 Glenferrie Road Restaurant and Café Licence El Churro Café 710 Glenferrie Road Restaurant and Café Licence Spudbar 717 Glenferrie Road Restaurant and Café Licence Red White & Amber 718 Glenferrie Road Packaged Liquor Licence Ju Dumpling House 723 Glenferrie Road Restaurant and Café Licence Canton BBQ House 724 Glenferrie Road BYO Permit Once a Tailor 727 Glenferrie Road Restaurant and Café Licence
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Viet Star 750 Glenferrie Road Restaurant and Café Licence Una Dumplings 752 Glenferrie Road Restaurant and Café Licence
The Practice Note provides for additional assessment criteria that assist in determining whether the cumulative impact of the use will have a positive or adverse impact on the surrounding area. An assessment against the assessment criteria is undertaken in the following table.
Assessment Criteria Officer Comment Is the proposal consistent with the An assessment against the applicable planning outcomes encouraged in the provisions of the State Planning Policy, policy, zoning and other planning controls Local Planning Policy and Municipal for the area? Strategic Statement has been undertaken within the policy section of this report, which has demonstrated that the proposal is consistent with the relevant provisions of these policies. The subject site is located within a commercially zoned area and within an activity centre. This location brings with it a range of uses that are consistent and even encouraged within the planning scheme. The application does not require a planning permit pursuant to the zoning of the land, as the only permit trigger is the provisions of Clause 52.27 (Licensed Premises). Will the proposal significantly increase the The subject site is provided with residential number of patrons near sensitive uses at abuttals to the rear of the site. Patron any time? access to and from the restaurant will be via the Glenferrie Road entrance to the building, whilst there are no external areas of the restaurant that have a direct interface with any residentially zoned land.
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It is considered that the majority of patrons travelling to the restaurant will utilise Glenferrie Road as their primary access point, as this offers transport options such as trams, train or taxi services, which will limit the patron activity within the nearby residential side streets off Glenferrie Road. Given the location and planning policy The subject site is located within the context, will the proposal generate amenity Glenferrie Road Shopping Centre where impacts beyond what is reasonable? there are a number of restaurants and cafés. The majority of the existing restaurant and cafés along Glenferrie Road close between 10pm and 11pm. The proposal seeks to cease operation at 10pm, except on Friday and Saturday where it will cease at 11pm, which is consistent with the existing uses and Council’s Instrument of Delegation - March 2016 for restaurant uses. The Practice Note identifies that premises that cease operation by 11pm, are less likely to result in offsite nuisances including noise and anti-social behaviour from intoxicated persons. Does the proposal contribute to the The proposed use is located within an diversity of activities and vibrancy in the area that is provided with a mix of area? restaurants, cinemas and small bars that generally cease operation by 11pm, which are considered to have less impacts on the surrounding area, compared to an area with late-night trading (after 11pm) primarily consisting of large bars (more than 200 patrons) and nightclubs. As demonstrated in Figure 10, the majority of liquor licenses currently in operation within this area of Glenferrie Road are restaurant and café licenses.
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It is considered that the proposal will positively contribute to the existing vibrancy of the shopping centre, as it is limited to the serving of alcohol in a restaurant setting. The use will cease operation at 10pm, except on Friday and Saturday where it will cease at 11pm and has a maximum number of 154 patrons. Will the proposal reinforce any existing or The subject site is located towards the create any new impacts arising from the northern end of the Glenferrie Road mix of uses in the area? Shopping Centre, which does not display the same level of intensity of use as the area of the shopping centre closer to the Glenferrie Train Station. The surrounding area consists of restaurants, cafes, shops and offices, whilst within the surrounding side streets are residential properties. The addition of a use that allows the sale and consumption of liquor in association with a restaurant is not considered to contribute to any existing, or create any new disruptive impacts arising from the mix of uses within the area. Is the proposed licensed premises’ It is considered that patrons will travel to location or characteristics such as and from the proposed use by private operating hours likely to contribute to any vehicle, train, tram or taxi. problems for patron dispersal? There are limited opportunities for patron parking within the surrounding streets off Glenferrie Road, due to the existing parking restrictions and the limited number of spaces provided within these streets. It is envisaged that patrons will generally utilise public transport or taxis, or park vehicles at the public car parks or along Glenferrie Road.
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Access to and from the restaurant is limited to the Glenferrie Road frontage of the site. It is therefore considered that the dispersal of patrons will generally occur along Glenferrie Road, with minimal impacts on the existing residential streets located off Glenferrie Road. Will the proposal reinforce any existing or The subject site is located towards the create any new impacts arising from northern end of the Glenferrie Road licensed premises closing times and Shopping Centre, which does not display patron dispersal within the area? the same level of intensity of use as the area of the shopping centre closer to the Glenferrie Train Station. The nearby licensed premises are limited to restaurants and cafes, which are provided with closing times of between 9pm and 11pm. The addition of a use that allows the sale and consumption of liquor in association with a restaurant until 10pm, except on Friday and Saturday where it will cease at 11pm, is not considered to contribute to any existing, or create any new disruptive impacts arising from patron dispersal, in association with other licensed premises closing times within the area. Will the proposal provide mitigation The layout of the restaurant seeks to focus measures to address any negative the location of patrons towards the cumulative impacts? Glenferrie Road frontage of the building, away from the rear of the building where it is provided with an interface to residential properties. Patron access to and from the restaurant is limited to the Glenferrie Road entrance to the building.
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The serving of liquor is to be conducted in association with the serving of meals, as the restaurant menu is to be available throughout the duration of the hours of operation. Can any identified negative cumulative It is considered that the extent of possible impact be satisfactorily reduced by impacts on the surrounding area would be changes to the proposal? limited to the managing of waste, in particular the emptying of disused bottles into bins at the rear of the building, where it has a direct interface with residential properties. To ensure that this activity does not unreasonably impact the amenity of these properties, it is recommended that a waste management plan be imposed as a condition, which will place limitations on these activities to occur only within non- sensitive times (i.e. during the day, not at night).
OBJECTION RESPONSE
Those matters not already addressed in the foregoing report are discussed below:-
Total Number of Objections Received: 56
Summary of Objection Officer Comment Insufficient car parking. The subject site is located within the Parking Overlay, which requires that Column B of the Table contained within Clause 52.06-5 of the Boroondara Planning Scheme is to be applied to any new use. The use of the land as a restaurant has the same car parking requirement as the previous use of the land as a shop. The application does not propose to increase the leasable floor area of the building or reduce any of the existing on-site car spaces. Therefore, a
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planning permit is not required for a reduction to the car parking requirements pursuant to this clause. The scope of consideration of this assessment is limited to the provisions of Clause 52.27 (Licensed Premises), which does not include car parking considerations. Matters relating to car parking therefore cannot be considered as part of this assessment. Increased traffic congestion. The application does not require a planning permit pursuant to Clause 52.06 of the Boroondara Planning. The subject site is located within the Commercial 1 Zone, where the use of the land as a restaurant is a Section 1 Use (no permit required). The scope of consideration of this assessment is limited to the provisions of Clause 52.27 (Licensed Premises), which does not include traffic considerations. Matters relating to traffic issues therefore cannot be considered as part of this assessment. Excessive hours of operation. The proposed hours of operation are considered to be consistent with that seen at other restaurants and cafés within this area of Glenferrie Road. The proposed hours are consistent with those contained within Council’s Instrument of Delegation - March 2016. The proposed hours are not considered to be unreasonable for the use of the land to sell and consume liquor in association with a restaurant, subject to the recommended
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condition to restrict the hours of use of the outdoor seating area within the Glenferrie Road frontage of the site. Excessive patron/seating numbers. The provision of up to 154 patrons with seating available for all patrons is not considered to be unreasonable for the use of the land for the sale and consumption of liquor in association with a restaurant. It has been demonstrated within the relevant criteria of the Practice Note 61 assessment of this report that the proposed patron numbers will not result in an unreasonable impact on the amenity of the area. Unreasonable noise impacts from patrons, The layout of the restaurant seeks to focus staff and delivery vehicles. the location of patrons towards the Glenferrie Road frontage of the building, away from the rear of the building where it is provided with an interface to residential properties. Patron access to and from the restaurant is limited to the Glenferrie Road entrance to the building. The serving of liquor is to be conducted in association of the serving of meals, as the restaurant menu is to be available throughout the hours of operation. The kitchen is located within the rear of the ground floor of the building, which is setback approximately 9 metres from the closest residential property (No. 1 Johnson Street). The application does not propose any buildings or works therefore the provisions of Clause 52.07 (Loading and Unloading of Vehicles) do not apply to the assessment
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of this application. It is considered that given the above circumstances, the proposal will not result in unreasonable noise impacts on the surrounding area. Insufficient waste management provisions. The application proposes twice weekly private contractor collection of waste for the use. The waste will be stored in two bins (1 x 660 litre recycle bin and 1 x 1100 litre waste bin) at the rear of the building, adjacent to the car parking area. It is recommended that to ensure that the collection of waste, in particular glass bottles, occurs within an appropriate time to ensure that the amenity of the residential properties to the rear of the site is not unreasonably impacted. This requirement will form a recommended permit condition. Increase in antisocial behaviour in the A detailed assessment against the area. possibility of anti-social behavior has been carried out within the Practice Note 61 component of this report. It has been demonstrated within this section of the report that the use of the land for the sale and consumption of liquor associated with a restaurant of 154 patrons, which closes at 10pm, except on Friday and Saturday where it will cease at 11pm, is unlikely to result in anti-social behavior. Insufficient details relating to ventilation Food premises must have sufficient equipment for the kitchen. natural or mechanical ventilation to effectively remove fumes, smoke, steam and vapours from food premises. Guidance on the design and installation of mechanical ventilation may be found in Australian Standard 1668 Part 1 and 2 The
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use of mechanical ventilation and air conditioning in buildings. Compliance with Australian Standard 1668 Part 1 and 2 will normally ensure compliance with the ventilation requirements of the Food Standards Code. This level of information is not required to be included with a planning permit application associated with the use of the land for the sale and consumption of liquor, as it is not a relevant consideration under the planning controls applicable to this assessment. This matter will be assessed as part of the registration as a Food Premises. Insufficient details in relation to the The applicant has indicated on the plans proposed buildings and works. submitted with the application that the following alterations are to be made to the existing building: x Remove the existing ground floor shopfront and replace with new shopfront; x Construct outdoor dining area within the Glenferrie Road frontage of the existing building (ground floor only); x Apply new render to the first floor façade; x Replace the first floor roller door on the eastern (rear) elevation with a double glazed frosted window and bricks; x Replace the existing first floor east facing windows with double glazed frosted windows; x Remove the existing chain wire fencing located at the rear of the building; x Replace the existing ground floor roller
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door on the eastern (rear) elevation with bricks; x Replace the existing ground floor pedestrian door with a new door; x The addition of an exhaust flue; and x Internal works. It has been determined within the Commercial 1 Zone section of this report that the above alterations do not need planning approval. Construction works will further exacerbate As discussed above, the proposed the high level of current construction alterations to the existing building do not currently occurring within the area. need planning permission pursuant to the planning controls applicable to the site. Therefore, Council cannot impose construction management provisions such as a Construction Management Plan as a condition of any permit issued.
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Appendix C - Zoning Map
826 Glenferrie Road HAWTHORN Vicmap Property Footprint
Base Planning Scheme Zones CA Commonwealth Land CDZ Comprehensive Development C1Z Commercial 1 C2Z Commercial 2 GRZ General Residential MUZ Mixed Use NRZ Neighbourhood Residential PCRZ Public Conservation & Resource PDZ Priority Development PPRZ Public Park & Recreation Public Use Zones PUZ1 Service & Utility PUZ2 Education PUZ3 Health & Community PUZ4 Transport PUZ5 Cemetry / Crematorium PUZ6 Local Government PUZ7 Other Public Use RDZ1 Road - Category 1 RGZ Residential Growth SUZ Special Use UFZ Urban Floodway
Contains Vicmap information. The State of Victoria, Department of Sustainability and The City of Boroondara does not warrant the accuracy or completeness of the information in this Environment, 2006. This material may be of assistance to you but the State of Victoria and document, and does not accept responsibility for any losses or damages (whether direct or its employees do not guarantee that the publication is without flaw of any kind or is wholly consequential) suffered by you or any other person, arising from your use of or reliance on this appropriate for your particular purposes and therefore disclaims all liability for any error, information. You must not reproduce or communicate this document without the prior permission of loss or consequences which may arise from your relying on any information contained in the City of Boroondara. this material [or publication] Map Produced: 08 June, 2016 15:33:57
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