Reports PLP168/20
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Chris Smith - TES SPECIALISING IN SUBDIVISION PROJECT MANAGEMENT AND DESIGN Planning Report Buddhist Monastery 595 Seymour-Pyalong Road, Hilldene July 2020 Ref: 20083 This copied document is made available for the sole purpose of enabling its consideration & review as part of a planning Applicant: process under the Planning and Environment Act 1987. This document Nigromust not bedharama used for any purposeForest which Monastery may breach any copyright. Level 1 135 Fryers Street, Shepparton, Vic, 3630 Telephone (03) 5820 7700 Facsimile (03) 5822 4878 ■ Visiting Offices: ■ Shop 3, 11-13 Sydney Street, Kilmore, Vic. 3764 ■ Ph: (03) 5781 1939 ■ Suite 3, 33 Nish Street, Echuca, Vic. 3564 ■ Ph: (03) 5482 9100 Document Ref: 20083_R_Monastery, 595 Seymour-Pyalong Rd, Hilldene_230620 Contents Buddhist Monastery 595 Seymour-Pyalong Road, Hilldene 1 INTRODUCTION ............................................................................................. 1 2 SUBJECT LAND & SURROUNDING CONTEXT ................................................... 2 3 PROPOSAL & PLANNING PERMIT TRIGGERS ................................................... 4 4 MITCHELL PLANNING SCHEME ....................................................................... 5 4.1 Planning Policy Framework ............................................................................ 5 4.2 Local Planning Policy ..................................................................................... 8 4.3 Farming Zone................................................................................................. 11 4.4 Vegetation Protection Overlay 1................................................................... 14 4.5 Erosion Management Overlay ...................................................................... 15 4.6 Bushfire Management Overlay ..................................................................... 15 5 PARTICULAR PROVISIONS ........................................................................... 16 5.1 Signs (Clause 52.05)...................................................................................... 16 5.2 Car Parking (Clause 52.06) ........................................................................... 16 5.3 Native Vegetation (Clause 52.17) .................................................................. 18 5.4 Bicycle Facilities (Clause 52.34) ................................................................... 20 5.5 Bushfire Planning (Clause 53.02) ................................................................. 20 6 CONCLUSION ............................................................................................. 20 This copied document is made available for the sole purpose of enabling its consideration & review as part of a planning process under the Planning and Environment Act 1987. This document must not be used for any purpose which may breach any copyright. This document is produced by Chris Smith & Associates Pty. Ltd. for the purposes of applying for a Planning Permit in accordance with the terms of engagement with the client. Chris Smith & Associates Pty. Ltd. does not and shall not assume any responsibility or liability whatsoever to any third party arising out of any use or reliance by any third party on the content of this document. 20083 – Buddhist Monastery, Seymour-Pyalong Road, Hilldene 1 Introduction This report is prepared on behalf of Nigrodharama Forest Monastery Ltd in support of a planning application for the use and development of the land at 595 Seymour- Pyalong Road, Hilldene for a Monastery. The proposal is largely a re-purposing of the existing dwelling on the property for the purpose of a small Buddhist monastery. For this application, the proposed land use is a ‘Monastery’ – being an innominate use – rather than a Place of Worship listed under Clause 73.03. This is discussed further within the report. In terms of the physical extent of the development, the applicant seeks to add an 83.5sqm (16.7m x 5m) prayer hall extension to the north-west of the existing dwelling. The existing dwelling will continue to be used for a dwelling – to accommodate the monks and lay residents that will look after the monastery and the wider property. Proposed prayer hall / ·· 1•··r.'·_·.· . / This copied document is made available for the sole purpose of enabling its consideration & review as part of a planning process under the Planning and Environment Act 1987. This document must not be used for any purpose which may breach any copyright.Figure 1. Site Plan image of proposal Illustrating the existing dwelling (blue) and proposed extension (outl-.iln,.00.outlined in yellow) The proposal seeks approval for a monastery that would have a patronage as per below during the typical week-to-week operations, with variable numbers as outlined – subject to days and special events: • Five (5) resident monks • Two (2) Anagarika/lay residents • Twenty (20) visitors The Monastery will be open from Monday to Friday 8.30am to 12.00pm (noon) and will have a maximum of ten (10) visitors during the week. 20083 – Buddhist Monastery, Seymour-Pyalong Road, Hilldene Page 1 On weekends, the Monastery will be open 8.30am to 12.00pm (noon) with a maximum of twenty (20) visitors In addition to the typical weekly operations listed above, the Monastery could potentially operate on special occasions – which would be limited to no more than three (3) Buddhist holidays per year. On these occasions it is envisaged that the Monastery would host a visiting teacher from overseas for a weekend, operating from 8.30am to 2pm. On these occasions, there would be no more than fifty (50) people on the site. The proposal does not include the removal of any native vegetation. The subject site has been chosen expressly because of its inherent natural values – which will be preserved and actively managed by the resident monks at the Nigrodharama Forest Monastery. As part of the monastery’s operation at the site, the monks and guests will tend to the existing vegetation and promote land management practices, including revegetation, weeding and remediation of any environmental degradation. It is submitted that a detailed land management plan could be conditional upon the sought permit – which will provide Council with a prescriptive overview of timeframes and detailed environmental management. However, as the monastery is a not-for- profit organisation that relies on donations, it is submitted that this could be required as a Condition once the scope of planning approval is known. 2 Subject Land & Surrounding Context Property Summary Address: 595 Seymour-Pyalong Road, Hilldene Land Area: 16.72 ha Land Description: Crown Allotment 12H, Section B, Parish of Lowry Certificate of Title: This copied document isVol. made 8331, available Fol. 737 for the sole purpose Municipality:of enabling its considerationMitchell & review as part of a planning process under the Planning and Environment Act 1987. Council Property No. 104092 This document must not be used for any purpose which may breach any copyright. Planning Provisions • Farming Zone (FZ) • Bushfire Management Overlay (BMO) • Erosion Management Overlay (EMO) – partial • Vegetation Protection Overlay (VPO1) – partial Other applicable regulatory controls: • Area of Aboriginal Cultural Heritage Sensitivity – partial • Designated Bushfire Prone Area 20083 – Buddhist Monastery, Seymour-Pyalong Road, Hilldene Page 2 Land Description The subject land is located to the eastern side of Seymour-Pyalong Road, a local collector road managed by the Mitchell Shire that connects the towns of Seymour and Pyalong. The extent of this road is generally between the Northern and Hume Highways. The site is an irregularly shaped parcel with an area of approximately 16.7ha. The road frontage along the western boundary to Seymour-Pyalong Road totals approximately 761m at variable bearings as the road arcs around the site. Topographically, the land contains a general fall to the north-west property boundary where the site fronts Seymour-Pyalong Road. The site is largely covered with established vegetation – approximately 11.5ha of the site would be considered forest vegetation – which is reflected in the application of the Bushfire Management Overlay across the entirety of the property. There are two (2) prominent areas where vegetation has been cleared on the subject site – in the north of the property and the south-east corner – where the existing dwelling is located. This copied document is made available for the sole purpose of enabling its consideration & review as part of a planning process under the Planning and Environment Act 1987. This document must not be used for any purpose which may breach any copyright. Figure 2. Site Context Map (Source: VicPlan) Showing subject land and surrounding area (subject land outlined in red) Surrounding Context The subject land is approximately 9km south-west of the Seymour township and 6km west of the Hume Freeway. The site is adjacent to cleared faming land to the south and west, whilst the land immediately north and east of the site is established box ironbark forest. Sugarloaf Creek is located approximately 300m to the south east of the property and provides a major tributary, along with Sunday Creek, to the Goulburn River – where they meet at Seymour. 20083 – Buddhist Monastery, Seymour-Pyalong Road, Hilldene Page 3 3 Proposal & Planning Permit Triggers It is proposed to use and develop the land for a Buddhist Monastery – as an extension to the existing dwelling on the subject site. The site