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Applicant Contact Applicant Owner Declaration Title? title, such as a restrictive covenant, section 173 agreement or other obligation such as an easement or building envelope. Applicant Contact Applicant Contact Mr Roger Whyte Berry and Whyte Surveyors Pty Ltd 81A Percy Street, Portland, VIC, 3305 and PO Box 674 Street, Portland, VIC, 3305 Business Phone: 0355233377 Mobile Phone: 0427052070 Email: [email protected] Applicant Applicant Mr Peter, Sandra & Adam Robertson 22 Panoramic Drive, Cape Bridgewater, VIC, 3305 Australia Mobile Phone: 0427267272 Email: [email protected] Owner Owner (Owner details as per Applicant) Declaration I, Roger Whyte, declare that I have notified the owner(s) about this application. I, Roger Whyte, declare that all the information supplied is true. Authorised by Roger Whyte Organisation Berry and Whyte Surveyors Pty Ltd SPEAR S089678A Printed: 25/08/2016 Page 2 of 2 PLANNING REPORT PROPOSED TWO (2) LOT SUBDIVISION (RE-SUBDIVISION OF TWO LOTS TO CREATE TWO NEW LOTS) Lots 8 & 9 on PS 145899X 22 PANORAMIC DRIVE CAPE BRIDGEWATER For P Robertson Prepared by: ANDREW LACEY B.App. Sci (Planning) Grad. Dip. U & R Planning MPIA 28th July 2016 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater TABLE OF CONTENTS 1 Introduction to Planning Report ................................................................................. 3 2 Certificate of Title Details ........................................................................................... 4 3 Site Description ......................................................................................................... 6 3.1 Lot 8 Site Description ............................................................................................ 8 3.2 Lot 9 Site Description ............................................................................................ 9 4 The Proposal ........................................................................................................... 11 5 State Planning Policy Framework ............................................................................ 12 6 Local Planning Policy Framework (LPPF) ............................................................... 16 6.1 Municipal Strategic Statement ............................................................................ 21 7 Zone and Overlay Controls ...................................................................................... 22 7.1 Rural Conservation Zone (RCZ1) ....................................................................... 22 7.2 Bushfire Management Overlay (BMO) ................................................................ 24 7.3 Environmental Significance Overlay (ESO) ........................................................ 25 7.4 Significant Landscape Overlay (SLO) ................................................................. 26 8 Assessment against permit triggers ......................................................................... 26 8.1 RCZ1 .................................................................................................................. 26 8.2 BMO .................................................................................................................... 30 8.3 ESO .................................................................................................................... 31 9 Clause 65 Decision Guidelines ................................................................................ 32 9.1 Clause 65.01 Approval of an Application or Plan. ............................................... 32 9.2 Clause 65.02 Approval of an application to subdivide land ................................. 34 10 Conclusion to Planning Report ................................................................................ 37 APPENDIX Appendix A – Certificates of Title and Restrictive Covenant Appendix B – Planning Permit TPA 072/04 Appendix C – Proposed Plan of Subdivision Appendix D – Bushfire Management Statement Pierrepoint Planning, P.O. Box 5003 Tarrington, 3301. Ph 5572 5558 Page 2 of 57 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater 1 Introduction to Planning Report This planning report has been prepared to accompany a planning application for a two (2) lot subdivision – re-subdivision of two lots to create two (2) new lots. The land is comprised of Lots 8 and 9 on PS 145899X. Lot 8 contains an existing dwelling and holiday unit (second dwelling). Lot 9 is currently vacant. The effect of the proposed re-subdivision would be to create a title for each of the dwellings e.g Lot 8 would accommodate the existing dwelling and Lot 9 the holiday unit. The subject land is located on the west side of Bridgewater Bay within a small pocket of residential development perched on a hill. The proposed re-subdivision of land does not change the existing approved access and wastewater treatment systems associated with each of the dwellings. The covenant registered to each title does not preclude the ability to subdivide the land. The zoning of the land as Rural Conservation Zone allows re-subdivision of lots where the number of lots is not increased and the number of dwellings the land could be used for does not increase. The application is also supported by a Bushfire Management Statement The application is made having regard to the provisions of the Rural Conservation Zone, the Environmental Significance Overlay and Bushfire Management Overlay provisions of the Glenelg Planning Scheme, as detailed later within this report. Pierrepoint Planning, P.O. Box 5003 Tarrington, 3301. Ph 5572 5558 Page 3 of 57 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater 2 Certificate of Title Details The allotments subject to this report are described as follows: Lot 8 Plan of Subdivision LP145899 - Certificate of Title Volume 09785 Folio 813 • Lot 8 has an area of 3366m² and has an 8m wide drainage easement running the length of the rear boundary and a smaller easement running the length of the front boundary reserved for electricity purposes.. • Lot 8 is affected by instrument N843201D dated 17/11/1988 which provide that: o The land cannot be used for trade or business o No improvements on part of the land are permitted to exceed 49m above sea level with other parts not to exceed 48m above sea level o No plants to exceed 49m above sea level on parts of the land and not to exceed 48m above sea level on other parts o Land cannot be used to park unregistered vehicles having a gross weight over 2.5 tonnes and cannot be used as a “storage area”. o Extract of title plan showing Lot 8 Pierrepoint Planning, P.O. Box 5003 Tarrington, 3301. Ph 5572 5558 Page 4 of 57 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater Lot 9 Plan of Subdivision LP145899 - Certificate of Title Volume 09785 Folio 814 • Lot 9 has an area of 2978m² and has an 8m wide drainage easement running the length of the rear boundary and a smaller easement running the length of the front boundary reserved for electricity purposes. • Lot 9 is affected by Covenant P786734S dated 08/05/1990 which provides that: o The land cannot be used for trade or business o No improvements on part of the land are permitted to exceed 44m above sea level with other parts not to exceed 47m above sea level o No plants to exceed 44m above sea level on parts of the land and not to exceed 47m above sea level on other parts o Land cannot be used to park unregistered vehicles having a gross weight over 2.5 tonnes and cannot be used as a “storage area”. Extract of title plan showing Lot 9 Pierrepoint Planning, P.O. Box 5003 Tarrington, 3301. Ph 5572 5558 Page 5 of 57 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater Lots are in separate ownership although within the same family.. A full copy of the Certificate of Titles for each of the lots subject to this report and the registered covenant is attached at Appendix A. 3 Site Description The land included in this application is located to the west of Bridgewater Bay within a cluster of residential development. Land is elevated to the surrounding land and by virtue of the slope down to the bay in the east the site affords expansive views of the ocean. Land to the north of the subject site is comprised of native vegetation while elsewhere land has been cleared for either residential uses or farming practices. The two titles that form this application form part of a twenty (20) lot subdivision created in 1987. Lots within the subdivision all have an area of approximately 3000m². Lots 6 & 7 to the west and Lot 17 directly opposite are vacant while Lot 10 to the east has been developed with a single dwelling. The surrounding land use (with the exception of the scrub covered land to the north) is characterised as residential or rural living within the Cape Bridgewater settlement. Pierrepoint Planning, P.O. Box 5003 Tarrington, 3301. Ph 5572 5558 Page 6 of 57 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater Subject site Aerial of the subject land in context with the surrounds. The following Land Victoria base map below provides an overview of the subdivision pattern within the immediate locality. Pierrepoint Planning, P.O. Box 5003 Tarrington, 3301. Ph 5572 5558 Page 7 of 57 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater Application Site: Lots 8 and 9 3.1 Lot 8 Site Description Lot 8 is generally rectangular shaped with dimensions of approximately 44m x 80m providing an
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