275 Barham Valley Road, Apollo Bay Planning Permit Application No.169/2017-1
Apollo Bay Tourism Resort - Call In Panel Hearing Colac Otway Planning Scheme
Planning Statement David Barnes
10th September 2018 urban planning I urban design I landscape architecture I www.hansenpartnership.com.au 275 Barham Valley Road, Apollo Bay | David Barnes
Contents
1 Introduction ...... 1 2 Summary of opinions...... 3 3 Site and surrounds ...... 4 4 Proposal ...... 7 5 Planning controls ...... 8 5.1 Zoning ...... 8 5.2 Overlays ...... 9 5.3 Planning permit triggers ...... 11 6 Settlement planning for Apollo Bay ...... 12 7 Tourism planning for Apollo Bay ...... 17 7.1 Local planning policies ...... 17 7.2 Apollo Bay Structure Plan ...... 18 8 Visibility and landscape significance ...... 19 8.1 Visibility of the site ...... 19 8.2 SLO3 ...... 25 8.3 Clause 21.04-8 Landscape character...... 26 8.4 Incorporated document ...... 27 9 Size and scale of the development ...... 30 10 Tourism development in the Rural Activity Zone ...... 31 10.1 Schedule to the Rural Activity Zone ...... 31 10.2 Local tourism policy ...... 33 10.3 What the Rural Land Use Strategy says ...... 34 11 The Barham River Valley ...... 35 12 Location of the site ...... 37 13 Suitability of the site ...... 37 14 Site layout and design response ...... 38 15 Community benefits ...... 40 16 State and regional planning policies ...... 41 16.1 Settlement ...... 41
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16.2 Planning for Places ...... 41 16.3 Environmental and Landscape Values ...... 41 16.4 Built form ...... 42 16.5 Economic ...... 42 17 Other documents ...... 43 17.1 Great Ocean Road Region Strategy 2004 ...... 43 17.2 Victorian Coastal Strategy 2014 ...... 44 17.3 Coastal Spaces 2006 ...... 44 18 Conclusion ...... 46
Appendices
Appendix 1 – Location of photos Appendix 2 – CV
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275 Barham Valley Road, Apollo Bay | David Barnes
1 Introduction 1. My name is David Barnes. I am the Managing Director of Hansen Partnership Pty Ltd, which is located at Level 4, 136 Exhibition Street, Melbourne. 2. I hold the following qualifications: . Bachelor of Town and Regional Planning (Hons), University of Melbourne, 1980. . Master of Business Administration, Royal Melbourne Institute of Technology, 1993. 3. I have practiced as a town planner for over 35 years, working in the public as well as the private sectors. I have also worked overseas in Vietnam on a variety of statutory planning, strategic planning, institutional strengthening and tourism projects. 4. I am both a statutory and a strategic planner. My planning experience covers many aspects of the planning approvals process on a range of projects including residential, industrial, retail, mixed use, tourism and rural developments. I regularly appear before VCAT and Planning Panels Victoria. I have been involved in a broad range of strategic planning projects including the preparation of industrial land use strategies, residential development strategies, integrated municipal strategies, township strategies, town centre strategies, structure plans and urban design frameworks for activity centres and transit cities, tourism master plans and rural land use strategies. 5. I have been instructed by Maddocks on behalf of the Colac Otway Shire, to consider the planning merits of a proposed tourist development at 175 Barham Valley Road, Apollo Bay. I understand that: . The application was lodged with Council but has since been called in by the Minister. . Some 113 submission have been lodged to the amended application. A larger number of objections were lodged to the original application. . Council officers supported the grant of a permit. . Otway Shire Council does not support the grant of a permit. 6. Hansen Partnership was engaged by Council prepare photomontages of the proposed development. I was not involved in the preparation of those images. 7. Key documents I have reviewed in preparing this statement include: . All relevant information submitted in support of the planning permit application . The Colac Otway Planning Scheme . Coastal Spaces 2006 . Victorian Coastal Strategy, 2014 . The Great Ocean Road Region Landscape Assessment Study 2003 . The Great Ocean Road Region – A Land Use and Transport Study 2004 . Colac Otway Rural Land Use Strategy 2007 . Apollo Bay Structure Plan 2007 . Apollo Bay Coastal Valley Hills Incorporated Document . Strategic Master Plan for the Great Ocean Road Region Visitor Economy 2015 to 2025 . Apollo Bay Destination Action Plan . Apollo Bay Settlement Boundary Urban Design Review 2012 . Colac Otway Amendment C55 Panel Report
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8. A summary of my findings in relation to the proposal are provided in the following section of this report. 9. This statement has been prepared in accordance with Planning Panels Victoria Guidelines to Expert Evidence. 10. I have made all the inquiries that I believe are desirable and appropriate and no matters of significance which I regard as relevant have to my knowledge been withheld from the Panel. 11. I have been assisted by Paul Summers from my office in the preparation of this report.
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2 Summary of opinions 12. A summary of my opinions follows: . The Great Ocean Road is one of Australia’s main National and International tourist destinations. . Tourism is a fundamental element of the economy and character of Apollo Bay. . Planning policy for Apollo Bay seeks to concentrate urban and related development within a tightly defined coastal settlement boundary, and to protect and enhance the Nationally Significant Landscape that exists in the rural hinterland around the town. . Tourism policy is strongly supportive of sustainable tourism development in Apollo Bay, whilst recognising the need to manage development largely within township boundaries, with only limited opportunities for development within the rural hinterland. . The Rural Activity Zone to the west of Apollo Bay in which the review site is located, was specifically rezoned to provide the opportunity for a limited type and scale of tourism development. . The review site is ideally suited and is appropriate zoned for an ‘appropriate’ type and scale of tourism development. . The proposed development, comprising some 180 hotel rooms and 82 villas and associated facilities, is a very significant development. The type and scale of the development is inappropriate for the site and is inconsistent with the purposes of the Rural Activity Zone which applies to the site. . The site is located in the quiet, tranquil and picturesque Barham River Valley, which is a relatively secluded tourist precinct and scenic tourist drive. The type and scale of development proposed would unreasonably impact on the character of this valley. . The development (especially the hotel and villas on the upper slopes) will be clearly visible from the western edge of Apollo Bay, from the Great Ocean Road between Apollo Bay and Marengo, and from Barham Valley Road when approaching the site. The type and scale of development will unreasonably impact on the landscape qualities of this Nationally Significant Landscape. . The site layout and composition of buildings on the site, in particular the hotel, does not appropriately respond to the site or adequately reduce the visual impact of the development, given its size and scale. . There will be community benefits associated with the proposed development. In my opinion, the community benefits that will result will not be sufficient to counter the adverse impacts would result from the development, on the Barham River Valley and on the rural hinterland of Apollo Bay.
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3 Site and surrounds 13. Key features of the review site include the following: . A rural property comprising two titles with a total area of 104.6ha. . Contains two existing dwellings and a building / shed that has permission to be used as a function centre with a capacity for up to 250 persons (Barham River Events). . Largely cleared grazing land with a centrally located, well vegetated, east-west running gully and a number of shelter belts and other smaller vegetated drainage lines. . Located across the Barham River flood plain from Apollo Bay, some 2 kilometres from the western edge of housing. . Quite steeply sloping land that forms part of the lower to mid-level western slopes of the Barham River Valley, which provides a western backdrop to Apollo Bay and Marengo. . Lower levels of the site are partly screened from view from Apollo Bay and the Great Ocean Road between Apollo Bay and Marengo, by a low ridge that forms the eastern side of the valley. . The upper parts of the site are clearly visible from Apollo Bay and the Great Ocean Road between Apollo Bay and Marengo, and from locations along Barham Road when approaching the site. . When viewed from Apollo Bay and the Great Ocean Road, the southern parts of the property appear as open farmland. The northern parts of the property appear as a mosaic of vegetated and cleared areas. . A tranquil, peacefully rural setting. . Spectacular views are available over Apollo Bay and the Great Ocean Road, between Apollo Bay and Marengo, from the elevated area where the hotel and upper level villas are proposed to be located.
Figure 1 - Aerial photograph of the review site and surrounds
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14. Key features of the surrounds include the following: . Located at the entrance to the Barham River Valley. . The Barham River Valley is a quiet, tranquil, picturesque rural valley, a scenic tourist drive and a tourist precinct that contains a number of small scale tourist facilities, small farms, rural dwellings, Mariners Falls and Paradise Picnic Reserve. . The area to the south comprises generally smaller rural lots with dwellings, partly vegetated and partly open paddocks, with access from the Great ocean Road, west of Marengo. . A dwelling on a small lot exists to the north, with access from Old Hordern Vale Road. . A cluster of dwellings exist at the intersection of Barham River Road and Telfords Access, 650 metres east of the site. . A small lot with a dwelling fronting Barham Valley Road, appears to have been excised from the property in the past. It provides farm stay accommodation. . Land to the west is elevated above the site and comprises farmland with numerous shelter belts.
Figure 2 - View from the Barham Road entry to the eastern lot Figure 3 - View of the Barham road entry to the western lot
Figure 4 - View between the tree lines on the property from Barham Road Figure 5 - Informal car park area in from of ‘events building’ on the site
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Figure 6 - Westerly view from beyond ‘events building’, towards hotel site Figure 7 - Southerly view of dam at top of the site
Figure 8 - Northerly view from top of site across knoll where Ridge Villas Figure 9 - Eastly view of location of Creek Plateau and Paddock Villas are proposed
Figure 10 - Cluster of dwellings near Telfords Access
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4 Proposal 15. Key features of the proposal include the following: . 5 star world class visitor accommodation. . A total of 262 hotel rooms and villas comprising: . An 180 room residential hotel divided into three wings running down the slope of the land. . 82 villas comprising: . 11 luxury Ridge Villas to the north of the hotel, for rent or lease (bookings via the hotel). . 11 Water Villas to the west of the hotel. . 60 villas (Creek Villas and Paddock Villas) to the south and south-east of the hotel. . Staff accommodation and maintenance facilities. . A bike hire facility. . A bar, all-day dining restaurant, main restaurant (150 people), retail tenancies, observatory, wellness centre that includes a pool and treatment rooms. . Facilities will be available to the community. (See discussion in Section 15).
Figure 11 - Site layout plan of the proposed development
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5 Planning controls 5.1 Zoning Apollo Bay generally Public Conservation and 16. Apollo Bay is a small coastal Resource Zone settlement set within a rural hinterland, contained more broadly by the Great Otway Rural Conservation Zone National Park. This pattern of land uses is reflected in the zoning of the township and is Urban zones surrounds. Figure 12 is a zoning C i map of Apollo Bay. It shows:
. The extent of the townships Rural Activity Zone of Apollo Bay and Marengo, which are contained within a combination of urban zones. . The location of the Rural Activity Zone that applies to the review site and other Figure 12 - Zoning, wider area adjoining properties. . The balance of the rural hinterland of Apollo Bay, which is included in a Rural Conservation Zone. . The Public Conservation and Resource Zone, that defines the extent of rural land in the hinterland to Apollo Bay.
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Immediate surrounds 17. The following figure shows the zoning the review site and immediate surrounds. Two lots to the east and the lot to the west are also included in the Rural Activity Zone. Otherwise, adjoining land is generally zoned Rural Conservation and Public Conservation and Resource (along the Barham River). 18. The zoning of land further to the east identifies the Marengo township and the Apollo Bay Airport, which is included in a Special Use 1 Zone.
Figure 13 - Zoning, immediate area
5.2 Overlays 19. A number of overlays apply wholly or partly to the site: . Bushfire Management Overlay – Applies to the whole of the site and to all land to the south, west and north.
Figure 14 - BMO
. Erosion Management Overlay 1 – Land susceptible to landslip and erosion. Applies to the vast majority of the site and to all land in the vicinity of the site, other than the river flats at the site frontage and to the east of the site. Figure 15 - EMO1
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. Environmental Significance Overlay 3 – Declared Water Supply Catchments. Applies to the northern parts of the site, to the north of the main gully.
Figure 16 - ESO3
. Significant Landscape Overlay 3 – Apollo Bay Coastal Valley and Hills Precinct. Applies to the whole of the site and generally to the whole of the rural hinterland / backdrop of Apollo Bay.
Figure 17 - SLO3
. Land Subject to Inundation Overlay – Applies to the frontage of the site and to the entire length of Barham Valley Road where it crosses the Barham River Flood Plain.
Figure 18 - LSIO
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5.3 Planning permit triggers 20. I do not raise any substantive issues in terms of the land uses that have been applied for. However, I make the following observations: . I agree that the hotel component of the development is defined as a Residential Hotel. . I do not understand why the application includes Leisure and Recreation. I would assume that all of the activities associated with the development would be associated with the definition of a Residential Hotel, including the swimming pool and the wellness centre. . If the villa units are fully self-contained dwellings they may fall within the definition of Group Accommodation, rather than Residential Hotel.
21. I have not commented on the individual planning permit triggers under each of the overlays. My assessment is based broader planning considerations.
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6 Settlement planning for Apollo Bay 22. Apollo Bay is a small coastal town and fishing village located on Victoria’s iconic Great Ocean Road, approximately 3 hours’ drive from Melbourne. 23. It is home to a small permanent residential community of around 1,598 persons (2016 Census). It is a popular holiday home destination, with only about 40% of dwellings permanently occupied. 24. Apollo Bay is an important tourist town along the Great Ocean Road and is a stopping point on the way to the Otway Ranges, the 12 Apostles and areas beyond. The Great Ocean Road is one of Australia’s most popular national and international tourist routes. 25. Apollo Bay is not a designated growth centre. Whilst it has potential for further urban growth within its existing settlement boundary, in the long term its ongoing growth is likely to be constrained by topographical, landscape and strategic planning considerations. 26. Key character features of Apollo Bay are its location on the Great Ocean Road, on a coastal plain adjacent to a relatively protected bay and a fishing harbour, surrounded by an absolutely stunning rural backdrop.
Figure 19 – Dramatic view looking south-east across Apollo Bay from Mariners Lookout
27. The character of Apollo Bay is encapsulated in the Colac Otway Planning scheme as follows: The natural beauty of the area, with its unspoilt beaches set against a dramatic backdrop of rolling hills, provides the overarching character which unites the settlements, and should be reflected in new development. Clause 21.02-2 Land use vision 28. The rural backdrop to Apollo Bay is identified as being of National Significance. Much planning policy is directed towards retaining urban development within a strongly defined coastal settlement boundary and protecting the rural hinterland and backdrop from urban encroachment and inappropriate development.
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29. Key policies also seek to: Retain Apollo Bay, Marengo and Skenes Creek as distinct and separate towns with their own identify and character; and Retain the seaside fishing village character of Apollo Bay. (21.02-2 Land Use Vision)
30. Within this context there is recognition that change should and needs to take place in Apollo Bay: Change should take place in Apollo Bay, Marengo and Skenes Creek with a demonstrated commitment to healthy lifestyles and ecological sustainability, and be responsive to the natural environment 21.02-2 Land Use Vision
31. Planning policy recognises the significance of tourism to Apollo Bay: To develop Apollo Bay as an attractive residential community which provides a high quality environment as a significant tourist centre. Clause 21.03-3
32. However, it also identifies the need to manage tourism development and to limit development opportunities in the hinterland: Tourism Opportunities for tourism are provided to contribute to the growth of the Shire. Tourism growth will be managed sustainably and the environmental and landscape assets that attract tourists and new residents alike will be protected. Limited opportunities will be provided for tourist related activities in the Apollo Bay hinterland, around the Forrest Township and the Otways.
33. The coastal settlement boundary of Apollo Bay has largely been determined by the Apollo Bay Structure Plan 2007 and the Apollo Bay Settlement Boundary & Urban Design Review 2012. 34. The Structure Plan refers to development in the Otway Foothills (p19). Much of the discussion is about avoiding residential encroachment on hill faces outside of the townships. It refers to rural-residential density or clustered cabin style accommodation potentially impacting on the naturalness of the setting and detracting from the significance of the foothills. 35. The Structure Plan identifies that development above the 40-50 metre line is particularly visible. The comment is made that this contour line should form a firm limit to urban growth, particularly to the north of Apollo Bay. (p20) To the north in particular, development opportunities above this defined ‘break of slope’ line will need to be limited to reduce the impact on this significant landscape. Any development permitted above this height would need to adhere to strict guidelines to ensure it remains recessive in the landscape context. 36. The planning scheme includes the following key strategies that seek to manage and limit development in the rural hinterland and retain an undeveloped rural backdrop to Apollo Bay (Clause 21.03-3): Maintain the ‘green breaks’ and landscape dominance between the settlements to ensure that each settlement remains distinct. Protect the Otway foothills as a scenic, undeveloped backdrop to Apollo Bay, Marengo and Skenes Creek. Recognise and protect ecological values and avoid development in areas at risk from the effects of flooding, wildfire, acid sulfate soil disturbance, erosion, landslip and salinity.
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Protect and enhance the significant views and vistas available from the settlements, the beach and the harbour, as well as the views available from key vantage points in the hills above the Study Area.
37. The overall form of Apollo Bay and its relationship to its rural hinterland is shown on the Colac Otway Strategic Framework Plan (Clause 21.02-2) (Figure 20). It shows the review site as being partly within a ‘Significant Coastal Landscape’ and partly within a “Declared Water Supply Catchment”. It includes the notations: “Urban development within Apollo Bay is contained within settlement boundary. Controlled buildings heights and medium density close to the centre.” “Protection of Significant Coastal Landscapes.” “Opportunities for tourist related activities within RAZ.”
38. The Framework Plan for Apollo Bay, Marengo and Skenes Creek provides more detail (Clause 21.03-3) Figure 21): . It shows the coastal settlement boundary. . Includes the notation “Protect prominent slopes of the foothills and waterway corridors from intensive development and further subdivision and encourage revegetation”.
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Review site
Figure 20 - Colac Otway Strategic Framework Plan, Clause 21.02
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Review site
Figure 21 - Apollo Bay, Marengo and Skenes Creek Framework Plan (Clause 21.03-3)
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7 Tourism planning for Apollo Bay 7.1 Local planning policies 39. Tourism policy contained in Clause 21.05-5 of the planning scheme is strongly supportive of sustainable tourism development in Apollo Bay. Its recognises: . The importance of the tourism industry to employment in the municipality. . That the municipality contains some of Victoria’s most significant tourist attractions. . How well placed the municipality is to capture a large proportion of Victoria’s key tourism growth markets. . The potential conflicts that can come from increased in tourism, and the need to manage tourism and to protect those features of the municipality that make it attractive to tourists.
40. Clause 21.05-4 contains a number of policies encouraging different types of tourism, such as: . Eco-tourism. . Small scale activities related to local products the arts etc. . High quality tourist development links to regional features. . A diverse range of accommodation to meet changing visitor needs. 41. Policy refers to providing the “preferred mix of uses” identified for the Rural Activity Zone to the west of Apollo Bay. (See discussion in Section 10) 42. The following strategy is provided in relation to ‘large scale’ tourism uses: Consolidate larger scale tourism use and development into identified activity nodes along, or located off, the Great Ocean Road that is subservient to the landscape so as not to detract from the quality of the landscape; of high quality design and style relevant to the surrounding land uses and is capable of net gain environmental outcomes. 43. The above strategy relates to a large scale tourist facilities such as that proposed in Barham Valley Road. Reference to ‘identified activity nodes’ does not in my opinion mean the Rural Activity Zone to the west of Apollo Bay. There is no reference in relevant background documents or reports, or in the planning scheme itself, that supports ‘large scale’ tourism developments within the Rural Activity Zone or the rural hinterland of Apollo Bay.
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7.2 Apollo Bay Structure Plan 44. The Apollo Bay Structure Plan is a reference document in the planning scheme. 45. The Structure Plan addresses the issue of tourism in Apollo Bay (pages 56 and 89). It identifies: . the vital role of tourism in the local economy; . the lack of 4+ star accommodation; . the need to retain caravan parks to provide for low cost accommodation options; and . support for the Apollo Bay Harbour precinct and the Great Ocean Green development, and major opportunities for tourist development within Apollo Bay. (Note: The Great Ocean Green development was superseded by the Settlement Boundary Urban Design Review, after it become apparent that it was not going to proceed.) 46. The Strategy makes a distinction between ‘urban’ and ‘non-urban’ forms of tourist accommodation (p90). It identifies 4-5 star accommodation as an ‘urban’ form of accommodation that is appropriate to locate ‘within’ the coastal settlement boundary. 47. In relation to non-urban tourism accommodation, the Strategy identifies a large new site along the Great Ocean Road, at the eastern entrance to Apollo Bay, for a potential new major non-urban tourist accommodation development (p56). That site has now been rezoned residential and included within the settlement boundary. 48. The Structure Plan refers to the potential for a limited range of tourism uses outside of the coastal settlement boundary, subject to landscape and other objectives and criteria. 49. Strategies contained in the document include (p90): Encourage high quality tourist accommodation facilities (including 4-5 stars) to locate within the coastal settlement boundary. Encourage non-urban form tourist accommodation development between the coastal settlement boundary and Wild Dog Creek, subject to criteria in the Apollo Bay Structure Plan. Allow a limited range of quality tourism accommodation facilities and eco-tourism activities in other locations outside the coastal settlement boundary where landscape and other objectives and the criteria contained in Section B: Proposals outside settlement boundaries can be met.
50. The criteria referred to above identifies non-urban accommodation as follows (p57/58): Will be for short stay tourism accommodation and associated uses, including, but not limited to, provision of caravan sites, tented accommodation sites, on site cabins, associated recreational facilities eg walking and cycling paths connecting to Apollo Bay, playground equipment, sporting facilities (eg tennis & basketball courts), swimming pool and associated commercial facilities (eg small kiosk, tourist park office). P58 51. The above strategies have not been translated from the Structure Plan into the planning scheme. 52. A facility such as that proposed, was not envisaged by the Structure Plan to be the type of facility appropriate to be established outside the coastal settlement boundary of Apollo Bay.
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8 Visibility and landscape significance 53. In making observations about the visibility of the site, I inspected the site and views to and from key vantage points around Apollo Bay, and also reviewed photomontages prepared by the applicant and by my office. 54. The photos below are provided to give an indication of what can be seen from the site and locations from around Apollo Bay from which the site can be seen. They do not provide an accurate impression of the ‘visibility’ of the site as seen by the natural eye from any point. A visual observation from each vantage point is required to provide an accurately assess the visibility of the site and to assess potential visual impacts of the proposed development. The location from which photos are taken is shown in Attachment 1. 8.1 Visibility of the site 55. The rural hinterland of Apollo Bay is characterised by: . Visually exposed rural hillsides, relatively close the eastern approach to the town from Skenes Creek. These hillsides extend across the northern side of the town, becoming progressively further from the coast and from Apollo Bay, as they move inland to the west and south towards the review site. . The Barham River Floodplain, that separates Apollo Bay from Marengo, and Apollo Bay from the Barham River Valley, in which the review site is located. . The more distant western hillside of the Barham River Valley, of which the upper and mid slopes and ridgeline provide the western backdrop to Apollo Bay. The review site is located on the lower and mid slopes of the western side of the valley. . The upper southern parts of the review site sit below the western ridgeline and appear as open paddocks. The upper northern parts of the site appear as a mosaic of open paddocks and vegetation. . Lower levels of the site are largely screened from views from Apollo Bay, partly screen from views Great Ocean Road between Apollo Bay and Marengo, by a low ridge that forms the eastern side of the valley. 56. On my assessment the hotel and upper level villas will be visible from: . Seymour Crescent, the western most residential street in Apollo Bay. . The Great Ocean Road, between Apollo Bay and Marengo. . Various locations along Barham Valley Road, particularly when approaching the entrance to the valley and from places along the frontage of the site where not screen by on-site vegetation. 57. The Creek Plateau Villa’s and Pasture Villas will be visible from: . The Barham Valley Road where entering the Barham River Valley. . Great Ocean Road between Apollo Bay and Marengo, where the view aligns with the gully vegetation and other on-site vegetation rows. 58. I expect the proposed development to be clearly visible in the backdrop to Apollo Bay at night, when rooms and other spaces within the buildings, and access and security lighting etc is illuminated.
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Views looking from the site
Seymour Crescent
Figure 22 - View from the hotel site to Apollo Bay
Great Ocean Road Marengo
Figure 23 - View from the hotel site to Great Ocean Road, between Apollo Bay and Marengo
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Apollo Bay Great Ocean Road Marengo
Figure 24 - View from the site of the Ridge Villas looking towards Apollo Bay
Figure 25 - View from the site of the Ridge Villas, looking north
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Great Ocean Road
Figure 26 - View from the site of the Creek Plateau Villa's looking towards the Great Ocean Road, between Apollo Bay and Marengo
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Views looking towards the site
Hotel site Ridge Villas
Figure 27 - View from Seymour Crescent, on the western edge of Apollo Bay
Creek Plateau Villas Hotel site
Figure 28 - View from Great Ocean Road, between Apollo Bay and Marengo
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Creek Plateau Villas Hotel site
Figure 29 - View from Barham Valley Road, before entering the valley
Creek Plateau and Paddock Villas Hotel site
Figure 30 - View from Barham Valley Road, west towards the site
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8.2 SLO3 59. The site is located in a Nationally Significant Landscape as identified in SLO3. The statement of significance for the overlay is as follows: Statement of nature and key elements of landscape The Apollo Bay Coastal Valley and Hills Precinct is distinctive as a location where a number of different landscape elements intersect in a dramatic manner: low sea coast, bayside townships, topographic edge of the Otway Ranges sweeping down to the narrow coastal strip, edge of the forest, and the incised, vegetated creek valleys. The edges and interrelationships between these elements create a landscape setting of national significance. The “preferred character” of this precinct is the retention of the dramatic intersection of landscape ‘edges’ within the precinct, which could be further emphasised by increasing indigenous planting for subtle emphasis. Ribbon development and inappropriate development on hill faces should be limited, and township edges have the potential to be further defined. 2.0 Landscape character objective to be achieved: . To achieve the “Preferred Character” as specified above. . To increase the use of indigenous vegetation to highlight natural features within the precinct. . To consider the contrasts between landscape elements within the precinct. . To ensure that development that occurs on hill faces or in other prominent locations is not highly visible and sensitively designed. . To minimise the visual impact of signage and other infrastructure, particularly in coastal areas, hill faces and ridges. . To protect the clear sweeping views to and from the ocean available from the precinct. . To consider the dominance of an indigenous natural landscape in coastal areas, between townships, particularly from the Great Ocean Road and avoid ribbon development. 60. The preferred character of the precinct refers to: Ribbon development and inappropriate development on hill faces should be limited, and township edges have the potential to be further defined.
61. In my opinion, a development of the type and the scale proposed constitutes an inappropriate form of development that should be limited on hill faces. 62. The decision guidelines of the SLO refer to the need to consider, among other things: . The overview, objectives and strategies at Clause 21.04-8 – Landscape Character. . Apollo Bay “Coastal Valley and Hills Precinct Development Principles Incorporated Plan”, from the Great Ocean Road Regional Landscape Assessment Study Clause 81.
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8.3 Clause 21.04-8 Landscape character 63. SLO3 identifies Clause 21.04-8 as one criteria to have regard to. The overview of this clause refers to: . The Great Ocean Road being one of the most spectacular landscapes in Australia. . The importance of the landscape to the local and regional economy. . The need to manage and control development and land use that is highly visible from main road corridors and principal tourist routes. . The need to retain the dominance of the landscape from key viewing locations. 64. The objectives of the clause are: To retain the open and rural character of views and outlooks, particularly from main road corridors. To maintain the dominance of the natural landscape when viewed from main road corridors and tourist routes outside townships. To protect the variety of landscape features and landmarks of the precincts identified in the GORRLAS. To increase indigenous planting in the Landscape precincts to further emphasise natural features such as creeks. To protect ridgelines from inappropriate development and vegetation removal.
65. Strategies include: Retain existing indigenous and native trees and understorey wherever practical. Discourage the loss of indigenous vegetation particularly in or adjacent to landform features such as rocks. Locate development sparsely in the hinterland landscape, maximising space available between buildings and structures for vegetation. Utilise finishes and colours that complement those found naturally in the hinterland landscape, with consideration as to how the material will weather over time. Between townships, site development a substantial distance from main roads wherever possible. Discourage the loss of rural outlook and openness from main road corridors. Ensure townships have a definite visual edge, delineating the boundary between urban development and the natural landscape beyond. Locate and screen large buildings and structures to minimise their visibility from main roads and key viewing locations. Discourage ribbon development between townships. Discourage signage clutter at entrances and exits to townships. Site buildings and structures away from geological features such as volcanic cones, craters and lakes, wherever possible. Retain views of geological features such as volcanic cones, craters and lakes from the Princess Highway and other main roads. Discourage quarrying or excavation on geological features.
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Utilise vegetation to screen land use and development, including timber production, which has the potential to impact upon the natural landscape when viewed from main road corridors and tourist routes. Discourage new development and removal of vegetation on ridgelines and hill tops where it is of a significant scale that is likely to impact the landscape character of the area. 66. In my opinion a development of the scale proposed, on the visible upper parts of the site, is inconsistent with the above policy. In particular: . Retaining an open rural character. . Maintaining the dominance of the natural landscape. . Locating development sparsely in the hinterland landscape and maximising space available between buildings and structures for vegetation. . Loss of rural outlook and openness. . Screening large buildings and structures to minimise their visibility (particularly in relation to the hotel element) . Utilising vegetation to screen land use and development (particularly in relation to the hotel element). 8.4 Incorporated document 67. A key decision guideline contained in SLO3 is to have regard to the “Apollo Bay Coastal Valley and Hills Precinct Development Principles Incorporated Plan, from the Great Ocean Road Regional Landscape Assessment Study Clause 81”. 68. That document applies to all land included in SLO3 in the Apollo Bay hinterland. It includes the whole of the review site. 69. This document is taken from the Great Ocean Road Region Landscape Character Assessment. It relates to Precinct 2.4 of that assessment. 70. It includes the following statement of future directions and objectives (p3): FUTURE DIRECTIONS The dramatic intersection of landscape ‘edges’ within the precinct should be retained and protected, and could be further emphasised by increasing indigenous planting for subtle emphasis. Ribbon development and inappropriate development on hill faces should be checked in the precinct, and township edges have the potential to be further defined. LANDSCAPE OBJECTIVES To increase the use of indigenous vegetation to highlight natural features within the precinct. To retain the contrasts between landscape elements within the precinct. To ensure that development that occurs on hill faces or in other prominent locations is not highly visible. To minimise the visual impact of signage and other infrastructure, particularly in coastal areas, hill faces and ridges. To protect the clear, sweeping views to the ocean available from the precinct.
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To retain the dominance of an indigenous natural landscape in coastal areas, between townships, particularly from the Great Ocean Road.
71. Precinct development principles are provided in a table in the document (p4). They contain columns relating to landscape elements, objectives, design responses and things to avoid. The most relevant landscape element is ‘siting and design’:
72. The objective is to ensure that development that occurs on hill faces is not highly visible, particularly from main roads and key viewing locations. On my assessment the hotel development in particular, will be highly visible from the rear of the Apollo Bay township, the Great Ocean Road between Apollo Bay and Marengo, from the Barham Valley Road approach to the site and along parts of the boundary frontage. 73. The design response refers to situations where development “cannot be avoided” on hill faces. Whilst some of the matters listed under that heading have been achieved, given the size and scale of the proposed development, I do not believe the response is adequate. 74. Things identified as “to avoid” include maters such as “large building foot prints”. The building footprint of the proposed hotel development is particularly large. The separation of the hotel element into three separate levels is an attempt to break down the apparent bulk of the building, but will not in my view be a sufficient response when the building is viewed from the front (the east). 75. The document also identifies two key views for Apollo Bay: . Cape Patton Lookout . Mariners Lookout 76. Mariners Lookout is to the north of Apollo Bay, some 4 kilometres to the east of the review site. It is an elevated lookout that provides stunning panoramic views over Apollo Bay and its hinterland. Despite being a considerable distance from the site, the development will be visible from Mariners Lookout.
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Hotel site Creek Plateau Villas
Creek Plateau and Paddock Villas
Figure 31 - View from Mariners Lookout
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9 Size and scale of the development 77. In order to understand the size and scale of the proposed development I have compared it to other major tourist accommodation developments along the Great Ocean Road, between Torquay and Apollo Bay.
Establishment Total Rooms / Apartments Star Rating Mantra Lorne 277 (142 rooms, 127 apts) 4.5 Cumberland Lorne 89 4.5 Peppers the Sands, Torquay 122 4.5 RACV Torquay 92 5 Wyndham Resort Torquay 107 4
78. In terms of existing tourism accommodation in Apollo Bay, the type of accommodation presently available ranges from holiday home rentals to Air BnB, to bed and breakfasts, hostels, back packers, motels and caravan parks. There are some 11 motels in Apollo Bay and 1 Marengo, that range in size from 8 to 24 rooms. These motels comprise a total of 156 rooms. These motels are generally rated between 3 and 4 star. 79. From this comparison it is apparent that in terms of number of rooms / villas, the proposed development will: . Be nearly the size of Mantra at Lorne. . Be multiple times larger than the RACV Resort, Peppers and the Wyndeham Resort at Torquay, and the Cumberland at Lorne. . Provide a considerably greater number of rooms / apartments than the total provided by all existing motels in Apollo Bay. . Be the largest and one of the only major tourist accommodation facility outside of the coastal settlement boundary of any settlement in the region.
Mantra at Lorne Cumberland, Lorne
Peppers, Torquay RACV, Torquay Wyndeham, Torquay
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10 Tourism development in the Rural Activity Zone 10.1 Schedule to the Rural Activity Zone 80. A stated purpose of the Rural Activity Zone is to provide for types of development that are specified in a schedule to the zone. To provide for the use and development of land for the specific purposes identified in a schedule to this zone.
81. The schedule to the zone provides the following directions regarding the type and the scale of tourism development envisaged. Apollo Bay Hinterland Rural Activity Zone Land The Rural Land Strategy has identified some demands for tourism and accommodation in an area to the west of Apollo Bay that has been included within the Rural Activity Zone. The identification of this area to the west of Apollo Bay does not aim to increase rural living opportunities, but aims to facilitate commercial, tourism or recreation development that will complement and benefit the particular agricultural pursuits, landscape features or natural attractions of the area. The objective is to provide for a preferred mix of uses in the Rural Activity Zone to the west of Apollo Bay including agriculture; tourist and recreational activities; group accommodation with tourist or recreational activities (including backpacker accommodations, camping and caravan park, cabins, etc); and restaurant, but only in association with a tourist facility or recreational activity. Development and use in the Rural Activity Zone to the west of Apollo Bay will be of a scale relevant to the land size and surrounding uses; subservient to the landscape so as not to detract from the quality of the landscape; of high quality design and style relevant to the surrounding land uses; capable of net gain environmental outcomes and self-sufficient in the provision of relevant infrastructure and associated development costs. Uses and development in the Rural Activity Zone to the west of Apollo Bay such as equestrian supplies, helicopter landing site, hotel, landscape gardening supplies, motor racing track, tavern; and other similar uses will be discouraged.
82. I make the following comments in relation to each of the points contained in this statement. Commercial, tourism or recreation development that will complement and benefit the particular agricultural pursuits, landscape features or natural attractions of the area 83. The subject site is identified as being of medium agricultural quality, which is of strategic significance to the region (Rural Land Study p28/30). The development appears to be planned largely as a tourist use. It does not appear to have any meaningful agricultural pursuits associated with the use, which might be maintained and supported by the tourism use. 84. The site is located in a Nationally Significant Landscape and is within the Barham River Valley, which is an area of considerable natural beauty in itself.
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85. It is likely that landscaping and land management programs on the site will have the potential to enhance vegetation cover and environmental qualities of the site, where not developed with buildings and works. 86. The development in my opinion, will neither complement or benefit agricultural pursuits, landscape features of the site, or the natural attractions of the area. Preferred mix of uses 87. The preferred mix of uses identified include: … agriculture; tourist and recreational activities; group accommodation with tourist or recreational activities (including backpacker accommodations, camping and caravan park, cabins, etc); and restaurant, but only in association with a tourist facility or recreational activity 88. Residential Hotel is not a preferred use. Group accommodation in association with tourist or recreation activities including backpacker accommodation, camping and caravan park, cabins etc, indicates to me a considerably different type and intensity of use than a large Residential Hotel. The proposed villas are of a style of accommodation and built form that is not inconsistent with the description of preferred uses. Development and use will be of a scale relevant to the land size and surrounding uses 89. Reference to “scale” being relevant to the size of the land suggests that as the land area increases the scale of the development may increase. 90. The review site is a large property of just over 100ha. I note that the minimum lot size in the Rural Activity Zone was retained at 40 hectares when the land was rezoned, to minimise the opportunity for small rural lots and associated housing. (Rural Land Use Strategy p64) 91. Some smaller lot rural development has occurred to the south of the review site off the Great Ocean Road. All surrounding uses within the general area are either broad acre farmland, farm dwellings or small scale tourist accommodation or related uses. 92. In a relatively underdeveloped rural area such as this, reference to surrounding uses indicates to me that future tourism uses should be relatively small scale, as per existing uses in the area. Reference to size of the land suggests the potential for a greater number of units on a large site, provided they are of a similar nature to existing development. I do not believe this criteria can be extended to support a large scale Residential Hotel and resort development as proposed. Subservient to the landscape so as not to detract from the quality of the landscape 93. The development is a very significant proposal on an elevated site in the Apollo Bay rural hinterland. It will be the largest and most visible development within the hinterland area. Given the scale and massing of the building, especially the Residential Hotel, I do not believe that the development can be deemed “subservient to the landscape” or as “not detracting from the quality of the landscape”. High quality design and style relevant to the surrounding land uses 94. I do not question the design quality or style in terms, the building materials and colours used. I have no issue with the design quality and style of the villas should the Panel / Minister support the proposal. My concerns go to the scale, mass and bulk of the built form of the hotel in particular. Capable of net gain environmental outcomes 95. I assume that a net gain can be achieved by the proposed development and that the potential exists for other environmental improvements to be made to the property.
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Self-sufficient in the provision of relevant infrastructure and associated development costs 96. I understand that some sustainability measures will be incorporated into the development. If not fully self-sufficient I assume that a condition could be placed on any permit granted regarding the provision of any necessary infrastructure. Uses that will be discouraged 97. Uses to be discouraged include uses such as: … equestrian supplies, helicopter landing site, hotel, landscape gardening supplies, motor racing track, tavern …
98. I note reference to hotel. The planning scheme definition of Hotel does not include a Residential Hotel. 99. I also note information submitted in support of the application, that a 5 star hotel is likely to have a helicopter landing facility, which is a discouraged use in the zone. Such a use is not part of this permit application and would in my view require a separate planning permit application. 100. I do not believe that the proposal is a discouraged use. 10.2 Local tourism policy 101. Clause 21.05-4 contains specific implementation policy that directly relates to the Rural Activity Zone west of Apollo Bay, for which it set outs the following criteria: Specific Implementation Policy guidance Assess proposals for use and development in any Rural Activity Zone west of Apollo Bay or in the Otway Ranges against the following criteria: . Use and development for equestrian supplies, helicopter land site, landscape gardening supplies, motor racing track, tavern, and other similar uses should be avoided. . The scale of development and use should relate to the land size and surrounding uses. . Development should be subservient to the landscape and not detract from the landscape quality. . Development should be of high design quality and the style should respect surrounding development. . Support compatible tourism and recreation related land uses and development within the Rural Activity Zone located on the northern approach to the Forrest Township. . Development should provide a net environmental gain. . Development should be self sufficient in, or meet all the relevant costs of, infrastructure provision. Rezoning guidance Support the Rural Activity Zone on land west of Apollo Bay and in the Otway Ranges to provide for a mix of uses including agriculture; tourist and recreational activities; group accommodation with tourist or recreational activities (including backpacker accommodations, camping and caravan park, cabins, etc); and restaurant in association with a tourist facility or recreational activity.
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102. The above criteria is generally a restatement of the purpose statement contained in the schedule to the Rural Activity Zone. 10.3 What the Rural Land Use Strategy says 103. The Rural Activity Zone was introduced as a consequence of the Rural Land Use Strategy 2007. The Strategy is a reference document in the planning scheme (Clause 21.07) and is therefore not to be taken as planning policy. 104. The Rural Land Use Strategy provides background to the reasons the land was rezoned and the type of tourist facilities envisaged. The strategy specifically stated that the purpose of rezoning was to allow for some tourism development in the hinterland of Apollo Bay. The Strategy specifically referred the type uses being appropriate as being small scale tourist in a limited location. Apollo Bay has been identified in the Great Ocean Road Region Strategy as an area where development is expected to occur outside of current township boundaries. The Apollo Bay Structure Plan and State Policy such as the Victorian Coastal Strategy and Coastal Spaces reports clearly indicate that any such development must be respectful of landscape character and environmental characteristics of the land. In this regard, opportunities for additional, small scale tourist related development in the hinterland is limited in a spatial context. p63
105. A 262 room / villa hotel resort, is in my opinion inconsistent with the size, type and scale of tourism developments for which the Rural Activity Zone was introduced into the planning scheme to accommodate.
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11 The Barham River Valley 106. The review site is located at the entrance to the Barham River Valley, some 1.7 kilometres to the west of Apollo Bay township (See Figure 32). 107. The Barham River Valley is a quiet, tranquil, enclosed, rural environment, nestled in the foothills at the rear of Apollo Bay. It has a very attractive rural and natural landscape character. It contains a small number of farms, rural dwellings and small scale tourist accommodation uses. 108. The Barham River Valley is accessed via Barham Valley Road, which runs along the valley floor close to the river. Barham Valley Road runs from McLachlan Street at the rear edge of the Apollo Bay township, across the wide open Barham River floodplain, which effectively defines the western extent of Apollo Bay and which separates Apollo Bay from Marengo. 109. The valley form begins to take shape past the intersection of Barham Valley Road and Telfords Access, before arriving at the review site. It is initially defined on its eastern side by a low ridge along the east side of the road and river, and by more steeply sloping farmland land along the west side of the road, which includes the review site. That low eastern ridge screens the lower parts of the valley (and the review site) from views from the western edge of Apollo Bay. 110. Stunning elevated views of Apollo Bay and the coast exist from the upper reaches of east facing slopes.
Figure 32 - Site in relation to the Barham River Valley
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111. Past the review site the valley form becomes progressively narrower, with the road and river running along the base of steeply incised valley walls. 112. Barham Valley Road is a no through road that provides access to the picturesque Paradise Picnic area and terminates that the Mariners Falls. 113. Old Hordern Vale Road branches off Barham Valley Road to the north of the review site, as does Killa Road, which is a narrow, low order unsealed road. Figure 33 - View into the Barham River Valley from Barham 114. The Barham River Valley is a scenic drive and a Valley Road, with the review site in the distance tourist precinct. It leads to an area known as Paradise and to the Paradise Picnic Reverse, which is an apt name given the secluded and natural scenic qualities of the area. There is a small number of rural properties, rural dwellings and small scale tourist establishments located along Barham Valley Road. These establishments largely capture the quiet, peaceful, tranquil nature of the area. 115. The establishment of a hotel of the scale proposed, will significantly impact on the character of the Barham River Valley. It will introduce significant Figure 34 - Tourism signage in Apollo Bay referring to the built form, activity, noise, traffic, tour buses, cars Barham River Valley and delivery vehicles, guest traffic, light spill at night etc. It will become a major destination and a major generator of activity within what is otherwise a very quiet and peaceful valley. It will be incompatible with the nature of the area and the nature of tourist experiences provided by other establishments within and along the valley. 116. The review site presently contains an events building. It is a fairly rudimentary establishment which contains a large hall, lounge area, kitchen and toilet facilities.
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12 Location of the site 117. The review site is located in the rural hinterland of Apollo Bay, some 3 kilometres from the centre of town. 118. The proposal includes some on-site retail, restaurant and leisure and recreational facilities. Regardless of the onsite facilities provided, a major tourism facility such as this will have a significant level of interaction with the township of Apollo Bay, the coast and the Great Ocean Road. There will be constant and ongoing movement between the resort and the town and coast. 119. The information submitted with the application suggests that facilities available within the development will be available for community use, suggesting that members of the Apollo Bay community may frequent to the site to use the facilities available. 120. I can see clear benefits of a rural location, close to Apollo Bay, with stunning ocean views, for a range of appropriate types and scaled tourism developments. 121. State policy talks about well-located sites, which have suitable transport access and which are compatible with and build on the assets and quality of surrounding activities and attractions Clause 17.04. I do not believe that the proposed development, on the review site, is consistent with this policy. Whilst not fatal to the application in itself, it is another factor that contributes to my opinion that the proposal is not appropriate for this site. 122. I note that the Apollo Bay Structure Plan includes policy directions that 4+ start tourist accommodation facilities are an urban use, that should be located within the settlement boundary. 13 Suitability of the site 123. The review site is very sensitive site and is quite heavily constrained: . It is located in a Nationally Significant Landscape. . It is located in the quiet and tranquil Barham River Valley. . It contains steeply sloping land in places. . It is covered by a number of environmental overlays, including: . A Significant Landscape Overlay . Environmental Management Overlays . A Bushfire Management Overlay . Access between the site and Apollo Bay is subject to flooding. 124. I note the following strategy in Clause 21.03-3 Apollo Bay and Marengo, Landscape Setting and Environment: Recognise and protect ecological values and avoid development in areas at risk from the effects of flooding, wildfire, acid sulphate soil disturbance, erosion, landslip and salinity. 125. I anticipate that expert evidence is likely to be provided that demonstrates solutions to each of these individual issues. Accordingly, such constraints are unlikely to be fatal to the application in their own right. 126. However, when combined with other planning reasons I have articulated throughout my statement, they provide contributory reasons sufficient to fundamentally question the suitability of the site for a development of the type and scale provided.
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14 Site layout and design response Hotel 127. The hotel is proposed to be located towards the highest and most visible part of the site, other than for open southern paddocks where the one of the existing dwellings on the property is located. 128. An existing row of trees that presently provides a partial screen of the dam and open paddocks to the rear, is proposed to be removed. This will make the upper part of the site more visible than at present. 129. The massing of the main hotel building has been broken up to respond to the site. I note that the hotel comprises three levels: . The main hotel - 3 storeys. . Guest Rooms 1 – 1 and 2 storeys. . Guest Rooms 2 – 2 stores. 130. The lower two levels of the guest rooms have green roofs. Each level is separated by a relatively flat grassed area, with little intervening tree planting, in order to retain spectacular views from the hotel rooms and facilities towards Apollo Bay and the coast. 131. I acknowledge that the separation of the hotel into three ‘layers’, and stepping the layers down the slope of land, is a significant design response to the topography and the features of the site. However, this response is not in my mind, insufficient to mitigate against the visual impact of the hotel building (in particularly) on the landscape, given the overall size and scale of the hotel component of the use: . The majority of building form is located on one of the highest and most visually prominent parts of the property. . Stepping the building down the slope will not sufficiently reduce the visibility or the mass of the hotel building. When view from the east, particularly from a distance, the three layers of the building will merge into one, stacked on top of each other, thus mitigating against the efforts taken to step the building down the slope. . The green roofs will not be apparent other than from elevated viewing locations. . Potential may exist to screen views of the hotel from the Barham Valley Road frontage of the site, by tree planting along the western side of the road reserve.
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Villas 132. I have not assessed the appropriateness of the villas on different parts of the site in their own right, given that they are presented as an integrated part of a larger development comprising a Residential Hotel. Should the Panel determine that the hotel component of the development is inappropriate, but there may be merit in the villa elements of the project, I consider that it would be necessary to prepare and assess a new proposal from first principles, rather than adapt to comments that may be gleaned from this Panel Hearing in relation to the villas. 133. Generally, the villas provide a type and a scale of development, and a dispersal of built form, that I believe is more appropriate for the site and is more consistent with the zoning of the land and the planning policies, controls and guidelines that apply to the area. 134. The Ridge Villas are located on an exposed knoll and are separated from the rest of the site by a gully. They are also located relatively close to property boundaries, given the overall size of the site (minimum of 35 metres to the western property boundary). 135. I have no issue with the Hotel Villas, they would be largely screened from easterly views by the hotel. 136. The Creek Plateau and Paddock Villas are reasonably well located between substantially vegetated drainage lines and tree plantings, to reduce their visibility, other than for direct views from the east, parallel to the alignment of the rows of vegetation. I note that the dwellings appear close to the drainage lines and vegetation, which would need to be addressed from a bushfire and land capability perspective. The lower level villas go a considerable distance down the slope of the hill and are likely to be largely screened from longer distance views from Apollo Bay, by the intervening ridgeline that defines the eastern side of the Barham River Valley. 137. The Creek Plateau and Paddock Villa’s will be highly visible from open farmland adjoining the site to the east, which is not part of the review site. Some screen planning may be appropriate to mitigate impacts on that property, without adversely impact on views from the villas. 138. I question whether separate vehicle access to the Creek Plateau and Paddock Villas would be more appropriate from the existing access to the existing dwelling on eastern most lot, with pedestrian only access across the intervening gully. This would provide more convenient access and egress to these villas than having to drive to the rear of the hotel and then walk or go by buggy down to the eastern most pod of units.
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15 Community benefits 139. The benefits of the project to the community identified in material submitted with the application include: . Support 185 FTE jobs during construction. . Potential to accommodate 43,300 guests per annum. . $50.86 million direct and $25.55 million indirect contribution to the regional economy. . Positive impact on population growth of Apollo Bay, leading to increased availability of business and community services generally. . 39 direct jobs at the resort, 167 ancillary jobs (at associated ventures) and 106 indirect jobs. . Training programs for staff. . Community use of the swimming pool (including learn to swim), wellness centre and hotel restaurant etc. . Bicycle link to Apollo Bay foreshore. 140. Not all members of the community will necessarily agree that all of the above items will result in a benefit to character and to the lifestyle enjoyed by residents and visitors to Apollo Bay. 141. However, he significance of these benefits in making a planning decision about the proposal is very important to a small community such as Apollo Bay. 142. State economic policy in particular, is focussed on growing the economy and providing opportunities for investment in business and tourism opportunities, and providing for job growth. 143. Such policies need to be balanced against the degree to which the development is consistent with a raft of other policies contained in the planning scheme, that seek to manage pressures for tourism and other forms of development in and around Apollo Bay. In my opinion such community benefits are not sufficient to counter the adverse impacts a development of the type and scale proposed, would have on the Barham River Valley and the rural hinterland of Apollo Bay.
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16 State and regional planning policies 144. This section provides a summary of relevant state and regional planning policies 16.1 Settlement Clause 11.01 Victoria settlement 145. I note that the settlement framework plan for Victoria (Clause 11.01S; p3 of 5), which provides a growth strategy for non-metropolitan towns throughout the state, does not identify Apollo Bay or any other town in the region as a focus growth, other than for Torquay / Jan Juc. 146. Key initiates of this policy seek to encourage good strategic planning of towns and settlements, the application of settlement boundaries to towns, ensure urban and related development locates within town boundaries, and preserve and protect rural land and natural resources and landscapes around towns. 11.01-1R Settlement - Geelong G21 147. No mention is made and no strategies are provided in regional settlement section of the planning scheme in relation to Apollo Bay. 148. The G21 Regional Growth Plan (p 5 of 5) shows the location of Apollo Bay on the plan, but no designation is provided in relation to its potential for growth. Towns in the region identified as having growth potential are Ocean Grove, Torquay / Jan Juc, Colac and to a lesser degree Winchelsea. 16.2 Planning for Places 11.03-4S Coastal settlements 149. Clause 11.03-4S contains specific policies for coastal settlements. They refer to planning for sustainable growth, identifying settlement boundaries, protecting coastal values, avoiding linear urban sprawl along the coast and ribbon development in rural landscapes and protecting spaces between towns. 11.03-5S Distinctive areas and landscape 150. Emphasises the need to protect and to enhance valued attributes of identified and distinctive areas and landscapes, and to recognise the role these areas play in the State as tourist destinations. 11.03-5R Great Ocean Road Region 151. This clause focuses on the management of sustainable development of the Great Ocean Road, respecting the character of coastal towns and ensuring that development respond to identified landscapes. 16.3 Environmental and Landscape Values 152. Environmental policies focus on the protection and the enhancement of significant environments and landscapes. 12.05 Significant Environments and Landscapes 153. These policies refer to protecting and enhancing significant landscapes and ensuring that development does not detract from the natural qualities of significant landscapes.
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16.4 Built form 15.01-6S Design for rural areas 154. Specific built form policies are provided for rural areas. The objective is to ensure that development respects rural areas with valued character. Strategies seek to ensure that the siting and appearance of development protects and enhances rural character, that new development is sympathetically located and minimises visual impacts on nature scenery and landscape features. 16.5 Economic 17.01-1S Diversified economy 155. The general objective of economic development is to strengthen and diversity the economy. 17.01-1R Diversified economy – Geelong G21 156. Strategies for the Geelong G21 region refer to building on the region’s competitive strengths, including tourism. 17.04 Tourism 157. Clause 17.04 includes specific policies in relation to facilitating investment in tourism throughout the state. The overarching objective is: To encourage tourism development to maximise the economic, social and cultural benefits of developing the state as a competitive domestic and international tourist destination. 158. Strategies refer to encouraging a range of tourist facilities, including integrated resorts, that are well- designed and sited, that are accessible to suitable transport, and are compatible with and build on the assets and quality of surrounding activities and attractions.
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17 Other documents 159. Numerous other documents exist that are either reference documents in the planning scheme or other government and related documents that provide an understanding of the background to existing policies and controls in the planning scheme. 160. Whilst providing background information, these documents should not be given any weight in making planning decisions under the planning scheme: The following strategic studies have informed the preparation of this planning scheme. All relevant material has been included in the Scheme and decisions makers should use these documents for background research only. Material in these documents that potentially provides guidance on decision making but is not specifically referenced by the Scheme should not be given any weight. Clause 21.07 17.1 Great Ocean Road Region Strategy 2004 161. The Great Ocean Road Region Strategy 2004 is referred to in Clause 21.01-5 of the Planning Scheme but is not listed as a reference document in Clause 21.07 Reference Documents: The Council is committed to an integrated approach to planning in the Shire through meaningful consultation with its stakeholders. Council is committed to give effect to the Regional Catchment Strategy; the Victorian Coastal Strategy; the Otway Forest Management Plan; and the Great Ocean Road Region Strategy. Clause 21.01-5 162. The Strategy focuses on balanced and managed growth of selected towns along the coast and inland. Apollo Bay is identified as a town into which growth should be directed, provided that the character of the town is respected. (p1) 163. The strategy is built around four key directions (p1): Environment – Protect the landscape and care for the environment Settlement - Manage the growth of towns Access - Improve the management of access and transport Prosperity - Encourage sustainable tourism and resource use
164. The strategy recognises the vital and important role that tourism plays along the Great Ocean Road in coastal towns such as Apollo Bay, and strongly supports the provision of additional sustainable tourism facilities and infrastructure. 165. Direction 1 – Environment, provides the link between Great Ocean Road Landscape Character Assessment Study and the planning tools that have been included in the planning scheme in relation to the identification and protection of significant landscapes. This has been implemented by applying SLO3 to the Apollo Bay rural hinterland, and the inclusion of relevant precinct guidelines from the Great Ocean Region Landscape Assessment into the planning scheme. 166. Direction 2 Settlement, focuses on directing urban development into towns such as Apollo Bay, that have the potential to accommodate additional development, whilst respecting the character of the towns. (p2) 167. Direction 4 – Prosperity, focuses on encouraging sustainable tourism and resource use. Whilst recognising the international significance of the Great Ocean Road as a tourist destination and the
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importance of improving the range and diversity of tourist facilities in the region, a key strategy is to encourage the dispersal of visitors throughout the whole region. 168. Whilst identifying that tourism uses should primarily be directed to key town and strategic locations (Direction 4.3 page 39), the Strategy also identifies the significant potential of the rural hinterland and the Otways to provide additional tourism opportunities. However, it qualities this by referring to opportunities for quality, niche accommodation, interpretation and nature based infrastructure, subject to further strategic planning: The hinterland and the Otways provide significant potential for expanding the region’s product offer and increasing length of stay and yield. Opportunities for quality niche accommodation, interpretation and nature-based infrastructure require further review and development and are a priority. P39
169. The proposed development, given the type and the scale of the facility, does not in my mind equate with a niche tourist accommodation development.
17.2 Victorian Coastal Strategy 2014 170. The Victorian Coastal Strategy is a reference document in the planning scheme. 171. Section 3.2 of the Strategy addressed “Visitation and Tourism”. 172. Reference is made throughout the planning scheme and the Apollo Bay Structure Plan to the opportunities provided by the Victoria Coastal Strategy, for non-urban based tourism development i.e. development outside of coastal settlement boundaries. 173. The 2014 Strategy includes a discussion about changes made to rural zones that allow greater flexibility for certain types of tourist accommodation to be considered in non-urban areas. It refers to these changes creating opportunities for: … additional nature-based, heritage based or agricultural based tourism, and eco type hotel accommodation. Page 68 174. I do not believe that the type of facility proposed can reasonably be considered to be nature-based tourism, agricultural based tourism or an eco-type hotel. 175. The Strategy identifies the need for Councils and regional bodies to take the lead in identifying opportunities and preferred locations for such developments, including planning for mass / type scale tourism as well as more boutique tourism opportunities (p68). Colac Otway has taken the lead in identifying and rezoning land to the west of Apollo Bay to a Rural Activity Zone. However, the preferred use and scale of development identified for that zone does not in my opinion extend to a tourist development of the type and scale proposed. 17.3 Coastal Spaces 2006 176. Coastal Spaces 2006 is a reference document in the planning scheme. 177. Coastal Spaces identified Apollo Bay as A District Town (Population 2,000 to 10,000 people). 178. The document identified the valid role of tourism developments in non-urban locations (p3): Non urban landscapes between settlements play an important role in providing a unique and distinctive visitor experience contributing to the reasons why people visit, recreate and stay in coastal areas, particularly those with significant visual landscapes.
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275 Barham Valley Road, Apollo Bay | David Barnes
Encouraging well designed tourism developments that are non-residential in nature, respond to the coastal experience, the landscape’s character, and environment is important to ensure the non-urban experience and setting is not compromised. Providing clarity and guidance through planning practice is important. Protecting tourism accommodation from becoming permanent residential establishments is important for the long-term viability of the local and regional tourism economies.
179. Coastal Spaces sought to: . Encourage urban development within coastal settlement urban growth boundaries and highlighted the need to manage coastal development by directing urban uses to exiting settlements, with non- urban landscapes being supported between them. . Establish settlement boundaries. . Encourage tourism investment and projects that are sensitive to coastal settings and meet regional needs. . Ensure that tourism proposals outside settlement boundaries are of a high quality, well designed and sited, add value to the coastal experience and are distinguishable from residential proposals. . Protect non-urban coastal landscapes by implementing the Coastal Spaces Landscape Assessment Study and applying the new rural zones.
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275 Barham Valley Road, Apollo Bay | David Barnes
18 Conclusion 180. The Great Ocean Road is one of Australia’s premier National and International tourist destinations. 181. Apollo Bay is a key location for tourism and related uses along the Great Ocean Road. A key feature of Apollo Bay is the location of the town beside the coast, on the coastal plain, with a stunning visual backdrop provided by its steeply sloping rural hinterland. 182. The rural hinterland has been identified as a landscape of National Significance, worthy of protection from urban encroachment and inappropriate development. 183. Planning policies encourage tourism development in Apollo Bay and in appropriate locations along the Great Ocean Road, whilst cautioning about the need to manage development in a sustainable way. Policies seek to focus development within the coastal settlement boundary of the town and to limit development in the rural hinterland. They seek to retain the dramatic contrast between urban and non- urban interfaces and to retain an open rural landscape and undeveloped backdrop to this picturesque town. 184. Council has undertaken strategic planning work to identify and rezone land to the west of Apollo Bay for a range of ‘preferred’ tourist and related uses. The proposed development is not consistent with either the type or the scale of tourist accommodation uses envisaged within that zone. 185. There are community benefits associated with the proposed development. In my opinion, the community benefits that will result are not sufficient to counter the adverse impacts of a development of the type and scale proposed, will have on the Barham River Valley and the rural hinterland of Apollo Bay.
David Barnes BRTP(Hons); MBA; FPIA
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275 Barham Valley Road, Apollo Bay | David Barnes
Attachment 1 - Reference for Photographs
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275 Barham Valley Road, Apollo Bay | David Barnes
Hansen Partnership Pty Ltd 1
275 Barham Valley Road, Apollo Bay | David Barnes
Attachment 2 - CV
Hansen Partnership Pty Ltd 2
David Barnes Managing Director
email [email protected] I phone +61 3 9664 9818 I mobile + 61 419 327 556
Summary of Experience David has been a town planner since 1980. With an MBA to supplement his planning qualifications, David is both a strategic planning specialist and an experienced statutory planner. As a statutory planner, David has been involved in obtaining planning approvals for a wide range of projects includ- ing residential, retail, commercial, industrial, rural, tourism, entertainment, sports, recreation and community development projects. He has extensive experience representing clients at planning appeals and panel hearings as both an advocate and as an expert witness.
As a strategic planner, David’s experience encompasses policy formulation and implementation; preparation of strategy plans, structure plans, urban design frameworks, development plans, planning schemes and amendments; community consultation; preparation of infrastructure funding strategies and development contributions plans; and preparation of commercial, industrial and residential market assessments.
In addition, David has experience in Asia, preparing urban management plans, strategy plans, structure plans, master plans and detailed plans, plan- ning and development controls, and in relation to institutional strengthening programs and professional training programs. Current Position Qualifications Hansen Partnership ■ Master of Business Administration, Managing Director RMIT University (1993) January 2012 – present ■ Bachelor of Town and Regional Planning (hons), University of Melbourne (1980) Past Positions Hansen Partnership Affiliations ■ Property Council of Australia, Victoria Division (2012 – 2016; 2009- Director (September 1997 – December 2011) 2010) - Member of planning committee ■ Planning Institute of Australia (PIA) (2007 – present) - Fellow Henshall Hansen Associates ■ Victoria Planning and Environmental Law Association (2009 – present) - Director (July 1995 – Aug 1997) member Associate Director (1992 – July 1995) ■ Planning Institute of Australia (PIA) (1996-2007) - Member Senior Planner (April 1988 – November 1989) ■ Royal Australian Planning Institute - Vice President and Treasurer (1996- Associate (1989-1992) 1997) WBCM Consultants Limited Senior Urban Planner (July 1985 – April 1988) Specialisations ■ Strategic planner Melbourne and Metropolitan Board of Works ■ Statutory planner Statutory Planner (February – June 1985) ■ Town planning advocate Planning Officer (April 1982 – February 1984) ■ Town planning expert witness ■ Infrastructure funding and development contributions Estate Office, Victorian Railways ■ International planning – urban management, institutional strengthening, Town planner (November 1980 – April 1982) training urban planning I urban design I landscape architecture I www.hansenpartnership.com.au Key Project Experience
Structure Planning Boroondara City Council (2008) ■ Review of Bayswater / Bayswater North Industrial Precinct, with the AEC ■ Dandenong Neighbourhood Character Study, for the City of Greater Dandenong Group, State Development Business and Innovation (2014) (2007-2008)
■ Bendigo Hospital Surrounds Structure Plan, the City of Greater Bendigo (2013) ■ Queenscliffe Urban Character Study, for the Borough of Queenscliffe (2000)
■ Birregurra Structure Plan Review, Otway Shire Council (2013)
■ Chapel Vision Structure Plan Review, Stonnington City Council (2013) Strategy Planning and Studies
■ Warrnambool – North Dennington Structure Plan and Development Control ■ Avalon Corridor Framework Plan, for the Cities of Greater Geelong and Wyndeham, Plan, Warrnambool City Council (2012) and the Department of Environment Land Water and Planning (2017)
■ Hamilton Structure Plan and Town Centre Urban Design Framework, for South ■ Baw Baw Rural Land Use Strategy, for the Baw Baw Shire Council (2016) Grampians Shire (2010) ■ Community Plans for Nerrim South, Labatouche, Jindivik and Trafalgar, for the Shire
■ Traralgon Town Centre Structure Plan and Urban Design Framework, for of Baw Baw (2016) Latrobe Valley Shire (2010) ■ Ballarat Growth Areas Review, for the Greater City of Ballarat (2016)
■ Ringwood Transit City Development Contributions Plan, for Maroondah City ■ Frankston Native Vegetation Control Review, for the City of Frankston (2015) Council (2009) ■ La Trobe University Bendigo Campus Vision, for La Trobe University (2014)
■ Frankston Safe Boat Harbour Planning Scheme Amendment, for Frankston City ■ La Trobe University Boroondara Campus Vision, La Trobe University (2012) Council (2008) ■ Mildura Settlement Strategy, Mildura Rural City Council (2013)
■ Clifton Springs Town Centre Structure Plan, for the City of Greater Geelong ■ New Gisborne Development Plan, Macedon Ranges Shire Council, (2011) (2008) ■ Traralgon Growth Areas Review, for LaTrobe City Council (2011)
■ Warrnambool and Moyne Development Program, for Warrnambool City Council ■ Sweetwater Creek, Strategic Justification for Development / Environmental and Moyne Shire Council (2008) Overlays, for Frankston City Council (2010)
■ Spring Creek Urban Growth Framework Plan and Precinct Structure Plan, for ■ Shepparton East Outline Development Plan, for the City of Greater Shepparton the Surf Coast Shire (2008) (2009)
■ Newhaven, Cape Woolamai and San Remo Structure Plan, for Bass Coast ■ Fishermans Bend Industrial Land Review, with Charter Keck Cramer, for Port Shire Council (2007) Phillip City Council (2009)
■ Ocean Grove Structure Plan, for the City of Greater Geelong (2006) ■ Melbourne Industrial Land Supply and Demand Study, with Charter Keck
■ Jackass Flat Structure Plan, Greater Bendigo City Council (2006) Cramer, for Melbourne City Council (2009)
■ Burwood Heights Activity Centre Structure Plan, Whitehorse City Council, ■ LaTrobe University Strategy Planning Review, for LaTrobe University (2008/2009) (2004) ■ Review of Referral Requirements under the Victoria Planning Provisions, for the
■ Torquay / Jan Juc Population and Residential Development Review, (2004) Department of Planning and Community Development (2008)
■ West Melbourne Structure Plan, for the City of Melbourne (2003) ■ Whitehorse Student Accommodation – Strategic Review and Planning Scheme
■ Highett Structure Plan, for the Cities of Bayside and Kingston (2002-2003) Amendment, for Whitehorse City Council (2007) ■ Geelong Region Strategy Plan, for the G21 Geelong Regional Alliance (2005-2006) Character Studies ■ Bell Street Strategy Plan and Urban Design Framework, Darebin City Council (2005) ■ Barwon Heads Residential and Landscape Character Study (2017) ■ Kingston Retail and Commercial Development Strategy, with Charter keck Cramer,
■ Birregurra Neighbourhood Character Study, Otway Shire Council, (2011) for the City of Kingston (2004)
■ Romsey Neighbourhood Character Study, for Macedon Ranges Shire, (2010) ■ Willoughby Industrial Strategy, Willoughby City Council (2003)
■ Boroondara My Neighbourhood – Prized Residential Character Areas, for ■ Yarra Industrial Strategy, for Yarra City Council (2003) urban planning I urban design I landscape architecture I www.hansenpartnership.com.au ■ Moorabool Rural Housing Study, for Moorabool Shire Council (2003) Urban Design Frameworks ■ Ballan Township Strategy Plan, for Moorabool Shire Council (2003) ■ Torquay Town Centre Urban Design Framework and Investment Facilitation Plan, for ■ Blackrock Shopping Centre Study, for the Cities of Bayside and Kingston, Surf Coast Shire (2017) (2002-2003) ■ Urban Design Frameworks for Longwarry, Nerrim South and Trafalgar, for the Shire ■ Geelong Western Wedge Strategic Framework Plan and Railway Station of Baw Baw (2016) Master Plan, for the Department of Infrastructure (2002) ■ Ringwood Town Centre Urban Design Framework, for the City of Maroondah ■ Bayside Industrial Areas Study, for the City of Bayside (2002) (2002-2003) ■ Moreland Industrial Areas Review, for the City of Moreland (2002) ■ Knox Central Urban Design Framework, for the City of Knox (2002-2003) ■ Geelong Industrial Land Use Study, for the City of Greater Geelong, with MacroPlan (2001) Design Guidelines ■ Anglesea Population Review and Review of Township Boundaries, for Surf ■ Knox Residential Capacity and Design Guidelines Project, Knox City Council Coast Shire Council (2000) (2010) ■ Torquay Population and Residential Strategy Review, for Surf Coast Shire ■ Aireys Inlet Activity Centre Urban Design Guidelines, for Surf Coast Shire, Council (2000) (2008-2009) ■ Torquay Industrial Area Review, for Surf Coast Shire Council (2000) ■ Kingston Residential Design Guidelines, for the city of Kingston (2000) ■ Bayside Height Control Study, for the City of Bayside (1999) ■ Kingston Residential Design Guidelines, for the city of Kingston (2000) ■ Geelong CAA Revitalisation Program, for the Greater City of Geelong (1998) ■ Miller Street and Gilbert Street Preston Design Guidelines, for Darebin City ■ Sydenham Activity Area Policy Review, for the City of Brimbank (1998) Council (2009)
■ Station Street Fairfield Design Guidelines, for Darebin City Council (2008) Management plans ■ Victoria Street Urban Design Framework and Streetscape Plan, for the City of ■ Melton North Green Wedge Management Plan, Melton Shire Council (2014) Yarra (2002)
■ Hastings Foreshore Urban Design Framework, for Mornington Peninsula Shire Infrastructure reviews (2000) ■ Ringwood Transit City Development Dontributions Plan, for the Maroondah City ■ Carrum Urban Design Framework, for the City of Kingston (2000) Council (2007)
■ Development Contributions Plan for Plenty and Yarrambat, for the Nillumbik International planning Shire Council (1998-1999) ■ Con Dao Tourism Master Plan, for the Ba Ria Vung Tao People’s Committee, ■ Car Parking Rate Review, for the Department of Infrastructure (1999) Vietnam, 2014 to 2016 Sustainability ■ Ben Dam Detailed Master Plan and Urban Management System, for the Ba Ria Vung Tao People’s Committee, Vietnam, 2013. ■ Port Phillip Bay Coastal Climate Change Planning Project, for the Municipal ■ Long Thanh International Airport Master Plan – Vietnam, with the Vietnamese Association of Victoria, 2017 Institute of Architecture Urban and Rural Planning, for the Dong Nai People’s ■ Strengthening Victoria’s Food Bowl, with PSI Delta, for Moira Campaspe, Swan Committee (2009-2012) Hill and Mildura councils (2011) ■ Three Delta Towns Water Supply and Sanitation Project – Vietnam, with Gutteridge ■ Utilising Victoria’s Planning Framework to Support Sustainability, Municipal Haskins and Davey, for AusAide, (2002-2003) Association of Victoria (2009-2010) ■ Capacity 21 Project – Environment Issues in Investment Planning in Vietnam – ■ Sustainability in the Planning Process, for the municipalities of Moreland, Port Quang Ninh Provincial Pilot Project, Ha Long Bay Vietnam, UNDP Project VIE Phillip and Darebin (2007-2008) 97/007, prepared for Colenco~Holinger (2000) ■ Doncaster Hill Energy Plan, for Manningham City Council and Sustainability ■ HCMC UNDP Public Administration Reform Project, preparation of Proposal for Victoria (2008) Consultancy Team, (1999)
■ Hanoi Planning and Development Controls, Hanoi, Vietnam, as part of Hanoi Planning and Development Control Project (1995-1997)
urban planning I urban design I landscape architecture I www.hansenpartnership.com.au