Application No.: Date Lodged: / / Application to
If you need help to complete this form, read MORE INFORMATION at the end of this form. Any material submitted with this application, including plans and personal information, will be made available for public viewing, including electronically, and copies may be made for interested parties for the purpose of enabling consideration and review as part of a planning process under the Planning and Environment Act 1987. If you have any questions, please contact Council’s planning department. This form cannot be used to: • amend a permit or part of a permit if the Victorian Civil and Administrative Tribunal (VCAT) has directed under section 85 of the Act that the responsible authority must not amend that permit or that part of the permit (as the case requires); or • amend a permit issued by the Minister under Division 6 of Part 4 of the Act (these applications must be made to the Minister under section 97I of the Act). * Click for further information.
The Land Address of the land. Complete the Street Address and one of the Formal Land Descriptions. * Unit No.: 2 St. No.: 22 St. Name: High Street
Suburb/Locality: Trentham Postcode: 3458
* Complete either A or B. A Lot No.: 1 Lodged Plan Title Plan Plan of Subdivision No.: 743111W
This information can be OR of title. B Crown Allotment No.: Section No.: If this application relates to more than one address, attach a separate sheet Parish/Township Name: setting out any additional property details.
Planning Permit Details * Planning Permit No.: PlnPA002238
The Amended Proposal
This application seeks to amend: ✔ What the permit allows Plans endorsed under the permit • Indicate the type of changes proposed to the permit. Current conditions of the permit Other documents endorsed under the permit • List details of the proposed changes. Details: attach a separate sheet. Increase maximum patron numbers to 40, reduction of carparking and restauraunt/cafe liquor licence
Provide plans clearly identifying all proposed changes to the endorsed plans, together with: any information required by the planning scheme, requested by Council or outlined in a Council checklist; and if required, include a description of the likely effect of the proposal.
Application to AMEND a Planning Permit Page 1 Development Cost * Cost of proposed amended Cost of the permitted development: development: Cost difference (+ or –): If the permit allows development, estimate the cost difference between N/A N/A N/A the development allowed by the $ – $ = $ permit and the development to be allowed by the amended permit. Insert ‘NA’ if no development is proposed by the permit. You may be required to verify this estimate.
Existing Conditions
Have the conditions of the land changed since the time of the original permit application? Yes No * If yes, please provide details of the existing conditions. For example, vacant, three dwellings, medical centre with two practitioners, licensed restaurant with 80 seats, grazing.
Provide a plan of the existing conditions if the conditions have changed since the time of the original permit application. Photos are also helpful.
Title Information Does the proposal breach, in any way, an encumbrance on title such as a restrictrive covenant, section 173 agreement or other obligation such as an easement or building envelope? * Yes (If ‘yes’ contact council for advice on how to proceed before continuing with this application.) No Not applicable (no such encumbrance applies).
Provide a full, current copy of the title for each individual parcel of land forming the subject site. The title includes: the covering ‘register search statement’, the title diagram and the associated title documents, known as ‘instruments’, for example, restrictive covenants.
Application to AMEND a Planning Permit Page 2 Applicant and Owner Details
Provide details of the applicant and the owner of the land. * Name: The person who wants the permit. Title: First Name: Andrew Surname: Page
Organisation (if applicable): Postal Address: If it is a P.O. Box, enter the details here: Unit No.: St. No.: 5 St. Name: Wallaby Jack Road
Suburb/Locality: Trentham State: VIC Postcode: 3458
Please provide at least one contact phone number * Business phone: Email: [email protected]
Mobile phone: 0419 320 244 Fax:
Where the preferred contact person Same as applicant for the application is different from Name: ✔ the applicant, provide the details of that person. Title: First Name: Surname:
Organisation (if applicable): Postal Address: If it is a P.O. Box, enter the details here: Unit No.: St. No.: St. Name:
Suburb/Locality: State: Postcode:
* Same as applicant The person or organisation Name: who owns the land Title: First Name: Janine Surname: Bryant
Where the owner is different Organisation (if applicable): Bedford Way Pty. Ltd. from the applicant, provide the details of that person or Postal Address: If it is a P.O. Box, enter the details here: organisation. Unit No.: St. No.: 22 St. Name: High Street
Suburb/Locality: Trentham State: VIC Postcode: 3548
Owner’s Signature (Optional): Date: day / month / year
Declaration I declare that I am the applicant; and that all the information in this application is true and Signature: Date: 31/01/2020
Remember it is against the law day / month / year to provide false or misleading information, which could result in ✔ of the permit.
Need help with the Application? If you need help to complete this form, read More Information at the end of this form or contact Council’s planning department. General information about the planning process is available at planning.vic.gov.au information may delay your application. No Yes If ‘Yes’, with whom?: Date: day / month / year
Application to AMEND a Planning Permit Page 3 Checklist ✔ Filled in the form completely? Paid or included the application fee? Most applications require a fee to be paid. Contact Council to determine the appropriate fee.
✔ Attached all necessary supporting information and documents?
✔ Completed the relevant council planning permit checklist?
✔ Signed the declaration above?
Lodgement
Application to AMEND a Planning Permit Page 4 MORE INFORMATION
The Land Existing Conditions It is important that your application to amend a planning permit includes details of the land, consistent with the Planning Permit. Refer to a copy If the conditions of the land have changed since the time of the original of your Planning Permit, when completing the street address section of permit application, you need to describe, in general terms, the way the form. the land is used now, including the activities, buildings, structures and Also ensure you provide up-to-date details for the formal land works that exist (for example, single dwelling, 24 dwellings in a three- description, using the current copy of the title. storey building, medical centre with three practitioners and 8 car parking spaces, vacant land). Planning Permit Details Please attach to your application a plan of the existing conditions of the land, if the conditions have changed since the time of the original permit You must identify the permit being amended by specifying the permit application. Check with the local Council for the quantity, scale and level number. This can be found at the beginning of the permit. of detail required. The Amended Proposal It is also helpful to include photographs of the existing conditions. First select the type of amendment being applied for. This may include an amendment to: Title Information • the use and/or development allowed by the permit An ‘encumbrance’ is a formal obligation on the land, with the most • conditions of the permit. common type being a ‘mortgage’. Other common examples of encumbrances include: • plans approved by the permit. • : A ‘restrictive covenant’ is a written agreement • any other document approved by the permit. between owners of land restricting the use or development of the land Then describe the changes proposed to the permit, including any changes to the plans or other documents included in the permit. of building materials to be used). • : A ‘section 173 agreement’ is a contract Development Cost between an owner of the land and the Council which sets out In most instances an application fee will be required. This fee must be limitations on the use or development of the land. paid when you lodge the application. The fee is set down by government • : An ‘easement’ gives rights to other parties to use the regulations. land or provide for services or access on, under or above the surface To help Council calculate the application fee, you must provide an of the land. accurate cost estimate of the proposed development to be allowed • by the amended permit and the difference between the development boundaries for the land. allowed by the permit. Aside from mortgages, the above encumbrances can potentially limit or Council may ask you to justify your cost estimates. Costs are required even prevent certain types of proposals. solely to allow Council to calculate the permit application fee. Fees are exempt from GST. The cost difference is calculated as follows: under the header ‘encumbrances, caveats and notices’. The actual details of an encumbrance are usually provided in a separate document Development Development (instrument) associated with the title. Sometimes encumbrances are cost related to cost related to the also marked on the title diagram or plan, such as easements or building the Application to – = Cost Difference Application for envelopes. Amend a Planning Planning Permit Permit If the estimated cost of the proposed amended development is less than A ‘caveat’ is a record of a claim from a party to an interest in the land. the estimated cost of the development allowed by the permit, show it as Caveats are not normally relevant to planning applications as they a negative number. typically relate to a purchaser, mortgagee or chargee claim, but can sometimes include claims to a covenant or easement on the land. These types of caveats may affect your proposal. Where the cost of the development to be allowed by the amended permit is lower than the cost of the development allowed by the permit: in the form of ‘notices’. These may have an effect on your proposal, $180,000 – $195,000 = -$15,000 such as a notice that the building on the land is listed on the Heritage Register. Where the cost of the development to be allowed by the amended permit is higher than the cost of the development allowed by the permit: Encumbrances may affect or limit your proposal or prevent it from $250,000 – $195,000 = $55,000 proceeding. Section 61(4) of the Planning and Environment Act 1987 for Costs for different types of development can be obtained from example, prevents a Council from granting a permit if it would result in a specialist publications such as Cordell Housing: Building Cost Guide or breach of a registered restrictive covenant. If the proposal contravenes Rawlinsons: Australian Construction Handbook. any encumbrance, contact the Council for advice on how to proceed. Contact the Council to determine the appropriate fee. Go to You may be able to modify your proposal to respond to the issue. If planning.vic.gov.au to view a summary of fees in the Planning and not, separate procedures exist to change or remove the various types Environment (Fees) Regulations. of encumbrances from the title. The procedures are generally quite involved and if the encumbrance relates to more than the subject property, the process will include notice to the affected party. as a solicitor, if you need to interpret the effect of an encumbrance or if you seek to amend or remove an encumbrance.
Application to AMEND a Planning Permit Addendum Declaration The declaration should be signed by the person who takes responsibility for the accuracy of all the information that is provided. This declaration is can be done on or with the land. a signed statement that the information included with the application is As well as describing the land, a full copy of the title will include a true and correct at the time of lodgement. diagram or plan of the land and will identify any encumbrances, caveats The declaration can be signed by the applicant or owner. If the owner is and notices. not the applicant, the owner must either sign the application form or must The title information accompanying your application must include a Obtaining or attempting to obtain a permit by wilfully making or ‘register search statement’ and the title diagram, which together make up causing any false representation or declaration, either orally or in writing, the title. In addition, any relevant associated title documents, known as is an offence under the Planning and Environment Act 1987 and could ‘instruments’, must also be provided to make up a full copy of the title. Check the title to see if any of the types of encumbrances, such as a restrictive covenant, section 173 agreement, easement or building Need help with the Application? envelope, are listed. If so, you must submit a copy of the document If you have attended a pre-application meeting with a Council planner, (instrument) describing that encumbrance. Mortgages do not need to be provided with planning applications. consulted about the application once it has been lodged. This will help Some titles have not yet been converted by Land Registry into an speed up the processing of your application. electronic register search statement format. In these earlier types of titles, the diagram and encumbrances are often detailed on the actual Checklist title, rather than in separate plans or instruments. describe the proposal in enough detail for the council to make a decision. It is important that you attach a current copy of the title for each It is important that copies of all plans and information submitted with the individual parcel of land forming the subject site. ‘Current’ title application are legible. information accurately provides all relevant and up-to-date information. Some councils require that title information must have been searched scheme for the use or development you propose. The application should demonstrate how these have been addressed or met. requirements. The checklist is to help ensure that you have: Copies of title documents can be obtained from Land Registry: Level • provided all the required information on the form 10, 570 Bourke Street, Melbourne; 03 8636 2010; www.landata.vic.gov.au • included payment of the application fee • attached all necessary supporting information and documents Applicant and Owner Details • completed the relevant Council planning permit checklist This section provides information about the permit applicant, the owner of the land and the person who should be contacted about any matters • signed the declaration on the last page of the application form. concerning the permit application. The more complete the information you provide with your application, The applicant is the person or organisation that wants the permit. The the sooner Council will be able to make a decision. applicant can, but need not, be the contact person. In order to avoid any confusion, the Council will communicate only Lodgement with the person who is also responsible for providing further details. The application must be lodged with the Council responsible for the The contact may be a professional adviser (e.g. architect or planner) planning scheme in which the land affected by the application is engaged to prepare or manage the application. To ensure prompt located. In some cases the Minister for Planning or another body is the communications, contact details should be given. responsible authority instead of Council. Ask the Council if in doubt. Check with Council how they prefer to communicate with you about the Check with council how they prefer to have the application lodged. For application. If an email address is provided this may be the preferred example, they may have an online lodgement system, prefer email or method of communication between Council and the applicant/contact. want an electronic and hard copy. Check also how many copies of plans and the size of plans that may be required. The owner of the land is the person or organisation who owns the land at the time the application is made. Where a parcel of land has been sold Contact details are listed in the lodgement section on the last page of and an application made prior to settlement, the owner’s details should the form. contact or the applicant. : In addition to obtaining a planning permit, approvals or exemptions may be required from other authorities See or Council departments. Depending on the nature of your proposal, these may include food or health registrations, building permits or approvals from water and other service authorities.
Application to AMEND a Planning Permit Addendum EXAMPLE
Applicant and Owner Details
Provide details of the applicant and the owner of the land. * Name: The person who wants the permit. Title: MR First Name: LEN Surname: BROWNING Organisation (if applicable): RESPONSIBLE DEVELOPERS PTY LTD Postal Address: If it is a P.O. Box, enter the details here: Unit No.: 4 St. No.: 12 St. Name: ARDOUR LANE Suburb/Locality: WYCHEPROOF State: VIC Postcode:3527
Please provide at least one contact phone number * Business phone: 9123 4567 Email: [email protected] Mobile phone: 0412 345 678 Fax: 9123 4567
Where the preferred contact person Same as applicant for the application is different from Name: the applicant, provide the details of that person. Title: MR First Name:ANDREW Surname: HODGE Organisation (if applicable): TOWN PLANNING CONSULTANTS Postal Address: If it is a P.O. Box, enter the details here: Unit No.: St. No.: St. Name: PO BOX 111 Suburb/Locality: PARKDALE State: VIC Postcode: 3194 * Same as applicant The person or organisation Name: who owns the land Title: First Name: Surname:
Where the owner is different Organisation (if applicable): from the applicant, provide the details of that person or Postal Address: If it is a P.O. Box, enter the details here: organisation. Unit No.: St. No.: St. Name:
Suburb/Locality: State: Postcode:
Owner’s Signature (Optional): Date: day / month / year
Application to AMEND a Planning Permit | Metropolitan Council Addendum Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.
REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1 Land Act 1958 VOLUME 11932 FOLIO 072 Security no : 124079092592U Produced 01/09/2019 01:33 PM
LAND DESCRIPTION
Lot 1 on Plan of Subdivision 743111W. PARENT TITLE Volume 08539 Folio 050 Created by instrument PS743111W 16/11/2017
REGISTERED PROPRIETOR
Estate Fee Simple Sole Proprietor BEDFORD WAY PTY LTD of 22 HIGH STREET TRENTHAM VIC 3458 PS743111W 16/11/2017
ENCUMBRANCES, CAVEATS AND NOTICES
Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.
DIAGRAM LOCATION
SEE PS743111W FOR FURTHER DETAILS AND BOUNDARIES
ACTIVITY IN THE LAST 125 DAYS
NIL
------END OF REGISTER SEARCH STATEMENT------
Additional information: (not part of the Register Search Statement)
OWNERS CORPORATIONS
The land in this folio is affected by OWNERS CORPORATION 1 PLAN NO. PS743111W
DOCUMENT END
Title 11932/072 Page 1 of 1 Imaged Document Cover Sheet
The document following this cover sheet is an imaged document supplied by LANDATA®, Land Use Victoria.
Document Type Plan Document Identification PS743111W Number of Pages 2 (excluding this cover sheet)
Document Assembled 01/09/2019 13:35
Copyright and disclaimer notice: © State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.
The document is invalid if this cover sheet is removed or altered.
Department of Environment, Land, Water & Planning
Owners Corporation Search Report Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.
Produced: 01/09/2019 01:35:05 PM OWNERS CORPORATION 1 PLAN NO. PS743111W
The land in PS743111W is affected by 1 Owners Corporation(s)
Land Affected by Owners Corporation: Common Property 1, Lots 1, 2.
Limitations on Owners Corporation: Unlimited
Postal Address for Services of Notices: 22 HIGH STREET TRENTHAM VIC 3458
OC037123B 16/11/2017
Owners Corporation Manager: NIL
Rules: Model Rules apply unless a matter is provided for in Owners Corporation Rules. See Section 139(3) Owners Corporation Act 2006
Owners Corporation Rules: NIL
Additional Owners Corporation Information: OC037123B 16/11/2017
Notations: NIL
Entitlement and Liability: NOTE – Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability
Common Property 1 0 0
Lot 1 100 100
Lot 2 100 100
Total 200.00 200.00
From 31 December 2007 every Body Corporate is deemed to be an Owners Corporation. Any reference to a Body Corporate in any Plan, Instrument or Folio is to be read as a reference to an Owners Corporation.
Statement End.
LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 Page 1 of 1 GPO Box 527 Melbourne VIC 3001, DX 250639 Telephone: (03) 9194 0601 Facsimile: 9194 0616 ABN 90 719 052 204
Planning Department 28/01/2020 Hepburn Shire Council PO Box 21 Daylesford VIC 3460
Shop 2, 22 High Street Trentham 3458 Restaurant/café liquor licence, increase maximum patron seating to 40 and waiver of car parking.
Dear Sir/Madam,
Please find an application for a planning permit and associated documents for the above address.
Included with the application:
• Application form • Written submission • Title • Plan of Subdivision • Owners Corporation Statement • Site Plan • Red Line Plan • Car Parking Log
If further information is required, please don’t hesitate to contact me.
Kind Regards
Andrew Page [email protected] 0419 320 244
Planning Permit Application Restaurant/café liquor licence, increase maximum patron seating to 40 and waiver of car parking.
Shop 2, 22 High Street Trentham 3458
Prepared for: Mel Thomas – Chaplin’s Café
2 Table of Contents INTRODUCTION ...... 3 1.0 Subject Site and Surrounding Locality ...... 3 1.1 Subject Site ...... 3 1.2 Surrounding Locality ...... 7 2.0 Proposal ...... 8 3.0 Background to the Current Proposal ...... 8 4.0 Planning Controls ...... 9 4.1 Zoning ...... 9 4.2 Overlays ...... 10 4.3 Planning Policy Framework (PPF) ...... 11 4.4 Local Planning Policy Framework (LPPF) ...... 13 4.5 Particular Provisions ...... 14 5.0 Conclusion ...... 18
Summary
Land Owner Bedford Way Pty. Ltd. Site Detail Lot 1, PS743111W Vol.11932 Fol.072 22 High Street Trentham 3458 Existing Conditions Existing dwelling now used as café and rear carpark access from Quarry Street Proposal Restaurant/Café liquor licence, increase in seating and waiver of carparking. Responsible Authority Hepburn Shire Council Planning Scheme Hepburn Zone Commercial 1 Zone – C1Z – 34.01 Schedule to the Commercial 1 Zone Overlay Environmental Significance Overlay – ESO1 – 42.01 Schedule 1 to the Environmental Significance Overlay Heritage Overlay – HO352 – 43.01 Schedule 352 to the Heritage Overlay Planning Policy Framework Settlement Central Highlands – 11.01-1 Distinctive Areas and Landscapes – 11.03-5 Environmentally Sensitive Areas – 12.05-1 Noise Abatement – 13.05-1 Land Use Compatibility – 13.07-1 Heritage Conservation – 15.03-1 Diversified Economy – 17.01-1 Business – 17.02-1 Sustainable Personal Transport – 18.02-1 Car Parking – 18.02-4 Local Planning Policy Framework Vision and Strategic Framework – 21.03 Key Land Use Themes – 21.03-3 Settlement and Housing – 21.05 Economic Development – 21.07 Particular Provisions Car Parking – 52.06 Licensed Premises – 52.27 General Provisions Decision Guidelines - 65 Permit Trigger Car Parking – 52.06-3 Licensed Premises – 52.27
3 INTRODUCTION
This planning permit application for the subject site at Shop 2, 22 High Street Trentham seeks planning approval to obtain a liquor license for a restaurant/café, increase patron capacity to 40 and waiver of car parking requirements.
A planning permit is required under both clause 52.27 and 52.06-3 to obtain a liquor license, and waiver carparking as a result of increased patron numbers.
1.0 Subject Site and Surrounding Locality
1.1 Subject Site
The subject site at 22 High Street Trentham is a predominately rectangular site being Lot 1 on Plan of Subdivision 743111W. The site has a total area of 452m2 and contains an easement shown as E-2 on the plan. The site is mostly flat with a slight slope down to the west towards Quarry Street.
The site contains existing building currently being used for the café. The site contains all weather vehicle access from Quarry Street via Lot 3 being the common property and is of asphalt construction. Lot 2 remains vacant.
There site is cleared of vegetation and is managed by the proprietors of the land. All reticulated services are available to the site and surrounding area. The site is a corner allotment on the western end of the main shopping/tourism area of High Street, intersecting with Quarry Street. Quarry Street reserve is on the western side of that street, opposite the site.
Figure 1: Aerial image of site.
4
Figure 2: Existing Plan of Subdivision
5
Figure 3: East elevation.
Figure 4: Common property and existing carparking to the rear.
6
Figure 5: South elevation.
7 1.2 Surrounding Locality
The surrounding area consists of commercial uses interfacing with the Township Zone and existing dwellings to the north of Albert Street. A dwelling exists to the rear of the subject site in the commercial zone. The site is a part of the commercial activity centre of Trentham.
High Street contains a number of retail and restaurant businesses. There are a number of licensed premises including Wyld Thyme, Trentham General, Du Fermier, The Plough and The Cosmopolitan Hotel, opposite the subject site.
The main commercial area consists of High Street, Quarry Street and Market Street, with Wolff Lane walkway connecting High Street and Albert Street in the central area of the commercial precinct.
The existing building on the site, other buildings and streetscape fall under the Heritage Overlay 352 (HO352) being the Trentham Township Area. Certain buildings in the street have individual Heritage Overlays, particularly The Cosmopolitan Hotel opposite the subject site on the south side of High Street.
All reticulated services are available to the site and surrounding area.
Figure 6: Aerial of locality
8 2.0 Proposal
The proposal is to increase the seating capacity to 40 patrons, waiver of 10 car spaces and obtain a restaurant/café liquor license.
Chaplin’s Café has operated in Trentham for over eight years and has recently moved from 32 High Street to the new premises at the subject site. The re-location was undertaken as a result of increased demand, particularly on weekends and holidays and also a high number of local residents during the weekdays.
A move was required to keep the business sustainable and to address the increasing demand on the small successful business. Extra floorspace, seating and kitchen facilities at the subject site have enabled the business to strengthen not only financially but socially as a meeting place for many residents in the town. Chaplin’s Café is seen a genuine contributor to the small township, serving not only locals, but vast amounts of visitors and tourist to the area.
The planning permission required has again come on the back of increased demand and further opportunity to strengthen the business financially and socially within the compact town centre.
3.0 Background to the Current Proposal
Pre-application planning advice was sought from the Hepburn Shire Council regarding the proposal. Some concerns were raised over the proposed waiver of car parking.
Two options provided to address car parking were to have a car parking demand assessment completed by a suitably qualified person such as a traffic engineer or to have Quarry Street upgraded to include on street parking. In this instance an upgrade of Quarry Street is not financially feasible for a small business. A car parking demand assessment has been prepared with the application.
No further discussion has been undertaken with any referral authorities.
9 4.0 Planning Controls
4.1 Zoning
34.01 – Commercial 1 Zone – C1Z
The site is zoned Industrial 1 (C1Z), clause 34.01 of the Hepburn Planning Scheme.
The purpose of the zone is to: • To implement the Municipal Planning Strategy and the Planning Policy Framework. • To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses. • To provide for residential uses at densities complementary to the role and scale of the commercial centre.
A permit is not required under the zone as there are no buildings and works and the use will continue as a food and drink premises.
Figure 7: Zone map
10 4.2 Overlays
42.01 – Environmental Significance Overlay – ESO1
The site is subject to schedule 1 to the Environmental Significance Overlay (ESO1) Proclaimed Catchment Protection. As there are no buildings and works as part of the proposal, planning approval is not required under the ESO1.
Figure 8: ESO1 Map
43.01 – Heritage Overlay – HO352
The site is subject to schedule 352 to the Heritage Overlay (HO352) Trentham Township Area. As there are no buildings and works as part of the proposal, planning approval is not required under the HO352.
Figure 9: HO352 Map
11 4.3 Planning Policy Framework (PPF)
11.01-1 – Settlement Central Highlands
The proposal is generally in accordance with the future directions as highlighted in the Central Highlands Regional Growth Plan. Two key areas are tourism and economic diversity of small towns.
Section 12.7 Tourism, highlights supporting Ballarat, the Grampians, the Pyrenees, and Daylesford, Hepburn Springs and Trentham, as the Central Highlands’ iconic tourism precincts. Chaplin’s has long been associated with providing a place for people to meet and access their service as a food and drink premises for over eight years.
The proposal will allow the business to remain competitive and be able to cater for visitors to the town on a larger scale while offering more services as a licensed premises. Being a sustainable business in an identified small town is important to the tourism element which is a key economic driver of Trentham.
Section 14.7 Small towns and rural settlements looks to plan for resilient small towns by building on local opportunities. The proposal of increased seating capacity and a liquor license is an opportunity to further improve this business economically and socially coupled with the tourism element.
The plan also highlights that planning controls in smaller towns should be encouraged to become more flexible. It will allow an improved way for small towns to adapt to change economically and socially.
11.03-5 – Distinctive Areas and Landscapes Objective – To protect and enhance the valued attributes of identified distinctive areas and landscapes.
Trentham is considered a historic township and together with the heritage significance of the streetscape of High Street, it has valued heritage attributes. The proposal will not in any way detract from the significance of the area as the use of the site is existing and no buildings or works are required.
12.05-1 – Environmentally Sensitive Areas Objective – To protect and conserve environmentally sensitive areas.
The site is within the ESO1. The proposal will in no way diminish the environmental conservation values in the area, in this case, proclaimed catchment protection. No buildings or works are required.
13.05-1 – Noise Abatement Objective – To assist the control of noise effects on sensitive land uses.
The proposal is considered satisfactory in terms of mitigation any noise generation. The site is well within the C1Z and does not interface with another zone. Similar land uses surround the site, including other licensed premises. Dwellings in the Township Zone exist to the north of Albert Street, the closest being 80m to the north.
Noise can be mitigated to an acceptable level through conditions relating to trading hours similar to other premises in the area. Proposed trading hours will be as follows: • Sunday: Between 10am to 11pm • Good Friday and ANZAC Day: Between 12noon to 11pm • On any other day: Between 7am to 11pm
13.07-1 – Land Use Compatibility Objective – To safeguard community amenity while facilitating appropriate commercial, industrial or other uses with potential off-site effects.
The proposal is appropriate in the area given the zoning and the site not interfacing with a residential zone. It is a compatible and appropriate use in this location.
12 15.03-2 – Heritage Conservation Objective – To ensure the conservation of places of heritage significance.
The site is subject to HO352 Trentham Township Area. The proposal will not impact any contributory elements of the heritage place. No buildings or works are proposed.
17.01-1 Diversified Economy Objective – To strengthen and diversify the economy.
The proposal further facilitates the growth in the town centre, generally in accordance with the Central Highlands Regional Growth Plan. In accordance with this clause an opportunity is present to facilitate growth and diversity in support of a rural economy. Chaplin’s is a sustainable business with an opportunity for a small expansion to strengthen economically and socially.
17.02-1 – Business Objective – To encourage development that meets the community’s needs for retail, entertainment, office and other commercial services.
The proposal will further strengthen a viable business within the town centre. As food and drink premises is included under retail the community need for this type of business is addressed and the objective met.
The Hepburn Shire Economic Development Strategy 2016-2021 states that council should support and develop existing businesses within the Hepburn Shire and continue to explore opportunities to diversify Hepburn Shire’s economic base. A proposal such as this is a further opportunity to support local business in a small town.
18.02-1 – Sustainable Personal Transport Objective – To promote the use of sustainable personal transport
Onsite bicycle facilities are provided onsite at Chaplin’s to further encourage the use of active transport to and from the site. Many locals access the site by walking or bicycle given the location in the centre of town.
Visitors to the area do access the town centre via private vehicle but given the lack of parking restrictions in the area and close and compact configuration of the main streets, many visitors will often park in one location and access various parts of the town centre by walking.
18.02-4 – Car Parking Objective – To ensure an adequate supply of car parking that is appropriately designed and located.
A waiver of car parking will be required for the application. A vast amount of publicly accessible carparking exists in the area. It should too be noted that dwellings within the town centre have onsite parking and are not impacted by commercial activity.
A car parking log assessing the adjoining streets has been submitted with the application.
13 4.4 Local Planning Policy Framework (LPPF)
21.03 – Vision and Strategic Framework The Shire of Hepburn Corporate Plan 1999-2002 establishes the directions for the Shire and provides a framework as to how the Council seeks to build on and improve the community, social, physical, environmental and economic attributes and well-being of the Shire over the next three years.
The Hepburn MSS is derived from the principles and actions from the above plan. One key objective of the plan is to provide for effective economic management of the shire’s key resources and assets. The retail center of the small township of Trentham could be considered one of the shire’s assets as it provides benefit to the community and visitors.
21.03-2 – Key Land Use Themes Hepburn’s vision for future land use planning and development is to build a Shire based on the strength and character of the individual and valued lifestyle aspects of the towns, small communities and rural areas of the Shire.
One of the key elements of the above statements is tourism. Trentham experiences a high number of tourists passing through the town or accessing the town for short overnight and weekend stays. The town centre and particularly business’s such as Chaplin’s provide an opportunity for visitors and locals to access what the town has to offer.
Small businesses in the Trentham town centre are supportive of each other in being able to provide a vibrant activity centre to facilitate tourism.
21.05 – Settlement and Housing Objective - To retain and enhance the compact form and heritage and townscape character of town centres.
The proposal meets the objective in further developing an existing business within the compact town centre of Trentham and further does not detract from the significance of the townscape.
21.07 – Economic Development Hepburn's economic base has been traditionally linked to retailing, tourism, local services and primary production. Tourism and urban-based service industries are becoming more significant contributors to the local economy and will continue to provide important local employment opportunities.
A key objective of this clause is to encourage a greater diversity of economic activity in towns. The proposal seeks to build on the success of a small business in being able to provide seating for more patrons and the added value of a liquor license. A proposal of this nature directly links to the tourism and retail element as stated in the overview to this clause.
The compact town center of Trentham relies heavily on tourism and the range of small businesses that are present. This proposal seeks to build on what is already a successful business by being able to provide increased options for patrons.
While the proposal may not be able to provide onsite carparking, the economic stability of this business and further a business that contributes positively the stability of the small-town center should be considered in terms of its importance to the town of Trentham.
14 4.5 Particular Provisions
52.06 – Car Parking
The proposal seeks permission to waive the requirement for car parking. Currently there are four car parks available via the common property to the rear. Of the four car parks, included is one disabled car park.
The purpose of the provision is: • To ensure that car parking is provided in accordance with the Municipal Planning Strategy and the Planning Policy Framework. • To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. • To support sustainable transport alternatives to the motor car. • To promote the efficient use of car parking spaces through the consolidation of car parking facilities. • To ensure that car parking does not adversely affect the amenity of the locality. • To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.
Under clause 52.06-5 table 1, 0.4 spaces are to be provided to each patron permitted. The proposal seeks approval for a maximum of 40 patrons at any given time. 10 Car spaces would be required in accordance with table 1.
Currently 3 car parks are provided and one accessible car park in accordance with table D3.5 of the Building Code of Australia (BCA). The current parking is provided via the common property to the rear of the café. Please see attached plan.
No other business in the town centre provide onsite car parking and there is a substantial amount of on- street, car parking that is unrestricted. Dwellings in the town centre particularly along Albert Street and the eastern section of High Street have onsite parking and are not impacted at peak times.
Please see the car parking log submitted with this application.
Figure 10: Table 1 Clause 52.06-5.
15 52.27 – Licensed Premises
The proposal is seeking permission for a restaurant/café liquor licence in accordance with any conditions of the responsible authority and the Victorian Commission for Gambling and Liquor Regulation (VCGLR). The licence is required under the Liquor Control Reform Act 1998.
The purpose of this clause is: • To ensure that licensed premises are situated in appropriate locations. • To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.
The licence is sought to further enhance the business to be able to offer more options during service and offer a wider range of food and drink options that will further contribute to a vibrant activity centre in Trentham.
In accordance with Hepburn Shire Council Checklist please see below, the following responses:
Type of licence being sought Restaurant/Café Licence
Hours of operation Sunday: Between 10am to 11pm Good Friday and ANZAC Day: Between 12noon to 11pm On any other day: Between 7am to 11pm
The proposed hours of operation are the typical hours associated with this type of licence.
Staff numbers Maximum 4 during business hours.
Maximum patron numbers 40
Number of chairs to be provided 40
Details of Music A speaker system for amplified music is not currently installed in the premises and is not proposed. A basic iPod and speaker are currently used in the main area to the rear of the premises for very light background music.
No live music, stage area or external speaker system is proposed as part of this application.
CUMULATIVE IMPACT
The proposal to include a liquor license at Chaplin’s café is considered a positive outcome in terms of cumulative impacts. Positive impacts include
• the creation of a local ‘identity’ or status as an entertainment or tourism destination enhanced vitality of an area • economic benefits • increase in consumer choice • increased ability to manage impacts, for example by concentrating venues around transport to aid dispersal of patrons.
The proposal addresses four out of the five positive impacts. The proposal is not concentrated around transport as there is a lack of public transport in the town, however the venue would not be open after 11pm. Other licensed premises in the town operate to similar trading hours. Responsible management of the premises as directed by the responsible authority and VCGLR will be able to mitigate any perceived negative impacts.
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The subject site is considered part of a cluster within 100m. Including the subject site there are three or more premises within 100m. One of the premises within 100m is the IGA supermarket that sells packaged liquor. Including the subject site there are 10 premises within the 500m radius this would not be considered a cluster of licensed premises. See below map and aerial images.
The function of the premises will remain primarily a food and drink premises with the option to provide liquor under the proposed licence. There will be seating available to every patron when at full capacity. Premises that provide little to no seating are likely to produce negative impacts on the area as they are associated with excessive consumption. The proposal addresses this issue.
The primary function of the business is to serve food and meals. Venues that serve food or meals are shown to be less at risk of excessive alcohol consumption in accordance with planning practice note PPN61.
Management of the premises in terms of patrons entering and leaving can be monitored onsite by management and any conditions of the responsible authority and VCGLR. A food and drink premises is a lower risk licensed premises.
Music will only be light background music by way of an iPod and internal speaker system, Light music will operate during trading hours. No external speakers or live music is proposed.
Hours of operation will be as follows: • Sunday: Between 10am to 11pm • Good Friday and ANZAC Day: Between 12noon to 11pm • On any other day: Between 7am to 11pm
The hours are typical for the type of license applied for. The number of patrons will be a maximum of 40 with 40 seats provided for all patrons at maximum capacity.
Patrons will most likely access the site by car and utilise publicly available, unrestricted on street parking. Locals closer to the town centre can access the site by way of active transport. The site provides bicycle parking facilities. Peak times for patrons will be during daylight hours.
Figure 11: Map of existing licenses in town centre precinct (VCGLR).
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Figure 12: 100m radius.
Figure 13: 500m radius.
18 5.0 Conclusion
It is considered that the proposal is appropriate for the site and location. It provides a place in the town that will make a further contribution to the small-town centre economically and socially. Economic stability of small business and small towns is encouraged by council to provide active towns within the shire.
The proposal makes use of an existing building and does not require works to be carried out. The use is compatible in the zone and will continue primarily as a food and drink premises.
It is considered that the proposal will not adversely affect the amenity of dwellings to the north in the Township Zone and provides the best outcome for all parties including addressing clause 65 decision guidelines of the Hepburn Planning Scheme.
Chaplin’s Traffic Log for Planning Permit ……………..page 1
Saturday 30th November
10:30am 3:45pm
Chaplin’s Traffic Log for Planning Permit ……………..page 2
Sunday 1st December
8:30am 8:30am
Chaplin’s Traffic Log for Planning Permit ……………..page 3
Sunday 1st December
2:30pm 2:30pm
Chaplin’s Traffic Log for Planning Permit ……………..page 4
Monday 2nd December
8:45am 8:45am
Chaplin’s Traffic Log for Planning Permit ……………..page 5
Monday 2nd December
3:37pm 3:37pm
Chaplin’s Traffic Log for Planning Permit ……………..page 6
Tuesday 3rd December
11:09 am 11:09am 11:09am
Chaplin’s Traffic Log for Planning Permit ……………..page 7
Wednesday 4th December
3:49pm 3:49pm 3:49pm
Chaplin’s Traffic Log for Planning Permit ……………..page 8
Friday 6th December
11:00 am 11:00am 11:00am
Chaplin’s Traffic Log for Planning Permit ……………..page 9
Saturday 7th December
8:10am 8:10am
Chaplin’s Traffic Log for Planning Permit ……………..page 10
Saturday 7th December
4:30pm 4:30pm
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