ORDINARY COUNCIL MEETING AGENDA 28 JUNE 2021
10.4 PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK Author: Rees May - Statutory Planner File No: PLP323/20 Attachments: 1. Proposed Permit Conditions 2. Advertising Map 3. Proposed Site Plan 4. Applicable Policies
Property No.: 121437 Title Details: Lot 1 on Plan of Subdivision 132248 (Volume 10774 Folio 078) Applicant: Rodney Noel Gillett Zoning: Farming Zone Overlays: Environmental Significance Overlay – Schedule 3 Land Subject to Inundation Overlay Objections Received: 10 objections received Cultural Heritage Management No. A Cultural Heritage Management Plan is Plan Required: not required. The application does not propose any significant ground disturbance. Confirmation has been provided from Council’s Cultural and Heritage Advisor and an external Heritage Advisor. Summary Recommendation Notice of Decision to Grant a Planning Permit Reason Reported to Council The number of objections exceeds four Officer Declaration of Conflict No officers involved in the preparation of this of Interest: report have any direct or indirect interest in this matter
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.)
1. Site Map
Figure 1: Aerial image of the subject site at 76 Ashes Bridge Road, Tallarook
Figure 2: Aerial image of the subject site and surrounding context – Exponare 2020
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) 2. Summary
2.1 Council has received an application for a planning permit for the use of land for a store and reduction in car parking requirements at 76 Ashes Bridge Road, Tallarook.
2.2 The proposed ‘store’ use includes the storage of landscaping rocks, road base material, seasonal firewood and drainage material.
2.3 The site is subject to the Farming Zone and portions of the site are affected by the Environmental Significance Overlay – Schedule 3 and the Land Subject to Inundation Overlay.
2.4 The application was advertised by sending letters to adjoining landowners and occupiers and placing a notice on the subject site. To date a total of ten submissions have been received objecting to the proposal.
2.5 The application has been referred to Council for review as the number of objection submissions received exceeds the amount for officer delegation.
2.6 This report recommends the issuing of a Notice of Decision to Grant a Planning Permit.
RECOMMENDATION THAT Council: Having complied with the relevant Sections of the Planning and Environment Act 1987, resolve to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. PLP323/20 for the use of the land for a store and reduction in car parking requirements at Lot 1 on Plan of Subdivision 132248 (Volume 10774 Folio 078), known as 76 Ashes Bridge Road, Tallarook, subject to the conditions outlined in Attachment 1.
ASSESSMENT
3. Site and Surrounds Subject Site Description
3.1 The subject site is legally described as Lot 1 on Plan of Subdivision 132248 (Volume 10774 Folio 078) and is located at 76 Ashes Bridge Road, Tallarook. The subject site is irregular in shape and has an overall area of 26.82 hectares. The site has frontage onto Ashes Bridge Road of 107.02 metres and an overall lot depth of 1622.3 metres.
3.2 The site is accessible via two existing vehicle crossovers onto Ashes Bridge Road.
3.3 The subject site currently contains a dwelling and associated outbuilding located within the front portion of the site. A dam is located within the central portion of the site. A small amount of native vegetation is scattered
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) throughout the site found in the front section, in the central portion of the in the central portion of the site and towards the rear where the site adjoins the creek.
3.4 The site slopes from the high point at the front (west) of the site to the low point at the rear (east) of the site which adjoins Sunday Creek.
Planning Background
3.5 A previous Planning Permit PLP327/15 was issued on the site for the use and development of the land for a dwelling and development of agricultural sheds.
Title/Restrictions/Agreements
3.6 The site is not encumbered by any covenants or agreements nor do any easements traverse through the property.
Figure 3: Aerial image of the subject site (Nearmap 30 December 2020)
Surrounding Area
3.7 The subject site is located approximately 2.7 kilometres to the west of the Tallarook Township.
3.8 Land surrounding the subject site is primarily used for agricultural purposes (mostly grazing) with a range of lot sizes. Many lots found within the immediate area include dwellings and can be considered rural lifestyle properties.
3.9 The surrounding context is as follows:
• To the north of the site is two large parcels of land within different ownership used for grazing purposes.
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) • To the east of the site is Sunday Creek. On the other side of Sunday Creek is three parcels of land within different ownership. These parcels all contain dwellings fronting onto Tallarook Pyalong Road.
• To the south of the site is a parcel of land within different ownership, containing a dwelling and associated outbuildings in the front portion of the site, with a large dam in the central portion of the site.
• To the west of the site is Ashes Bridge Road. On the other side of Ashes Bridge Road is a parcel of land within different ownership. This parcel of land contains a dwelling and associated outbuilding in the front portion of the site, a large dam and the rear of the site. Planted and native vegetation is also scattered throughout the site.
Figure 4: Aerial image of the subject site and surrounds (Nearmap - 30 December 2020)
4. Proposal
4.1 The application is seeking retrospective approval for the use of land for a store and reduction in car parking requirements. The application is seeking to store landscaping rocks on site, along with road base material, seasonal firewood and drainage material.
4.2 The application seeks approval for two storage areas.
• One storage area will be located at the front of the site. This storage area will be setback 130 metres from the front boundary and 12 metres
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) from the south-western boundary. This storage area will have a length of 50 metres and a width of 20 metres and be used to store landscaping rocks.
• The second storage area will be located in the central portion of the site, setback 80 metres from the front boundary and 35 metres from the side boundaries. The storage area will be used to store landscaping rocks, firewood, road base material and drainage material. The storage area will have a length of 100 metres and a width of 40 metres.
4.3 Access for the storage area will be via the existing vehicle crossover and existing access track that traverses along the south-western and central portion of the site.
4.4 The proposed hours of operation are 6:00am to 6:00pm Monday to Sunday and will employ up to three people.
4.5 No more than one customer will be on site at any time.
Figure 5: Proposed site plan
5. Referrals
External
5.1 The application was not required to be referred to any external referral authorities under section 55 of the Planning and Environment Act 1987 (the Act) pursuant to Clause 66 of the Scheme.
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) Internal
5.2 The application was not required to be referred to any of Councils internal departments given the minority of the buildings and works that are proposed as part of the applications.
5.3 Generic conditions will be included on any permit issued that control matters such as drainage, access and connection to relevant services.
6. Application History
6.1 Planning Permit Application PLP323/20 was received by Council on 23 November 2020.
6.2 A further information request was sent to the applicant on 21 December 2020. The further information response was received in full on 31 March 2021.
6.3 The application proceeded to notice on 16 April 2021 with the notice period concluding on 3 May 2021.
7. Planning Policy Assessment
Zoning
Farming Zone
7.1 The site is affected by the Farming Zone pursuant to Clause 35.07 of the Mitchell Planning Scheme.
7.2 Pursuant to Clause 35.07-1 a planning permit is required to use the land for a store.
Overlays
Environmental Significance Overlay – Schedule 3
7.3 The site is affected by the Environmental Significance Overlay pursuant to Clause 42.01 of the Scheme.
7.4 Pursuant to Clause 42.01-2 a permit is not required as the proposal is not within the extent of this overlay.
Land Subject to Inundation Overlay
7.5 The site is affected by the Land Subject to Inundation Overlay pursuant to Clause 44.04 of the Scheme.
7.6 Pursuant to Clause 44.04-2 a permit is not required as the proposal is not located within the extent of this overlay.
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) 7.7 As there are no permit triggers under the two above overlays, these overlays will no longer form part of this assessment.
Particular Provisions
Clause 52.06 Car parking
7.8 Pursuant to Clause 52.06-2, before a new use commences or where the floor area or site area of an existing use is increased, the number of car parking spaces required under Clause 52.06-5 must be provided to the satisfaction of the responsible authority.
7.9 The table to Clause 52.06-5 requires a total of 10 per cent of the site to be provided for car parking.
7.10 The plans submitted with the application do not propose to provide any car parking spaces on the site. The application material anticipates that customers will only be on the site in rare circumstances.
7.11 Given that the proposed application for the use of the land for a store is considered to be small scale and located at a farming zoned property, a formal car parking area is considered unnecessary and onerous.
7.12 Pursuant to Clause 52.06-3 (Car Parking), a permit is required to reduce the required car parking provision set out within 52.06-5 of the Mitchell Planning Scheme.
7.13 The plans submitted with the application provide the information required by this clause.
8. Alignment to Council Plan
8.1 The recommendation aligns with the Mitchell Shire Council Plan 2017-2021, more specifically with the Responsible Planning strategic objective which is “To demand best practice outcomes when planning for future growth” and key strategies:
• Prioritise environmental and sustainability outcomes in planning decisions.
• Employ best practice planning tools to achieve desired outcomes.
• Improve the liveability of Mitchell Shire.
• Support safe communities through best practice design and planning standards.
• Protect and enhance local ambience, amenity and character.
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) 9. Public Notification
9.1 Formal notification of the application was given by means of sending letters to adjoining landowners and occupiers and placing a notice on the site. A map showing the extent of advertising has been provided at attachment 2.
9.2 A total of ten objections have been received to date.
10. Discussion
Response to Policy Framework
10.1 The application is required to be assessed against the relevant Planning Policy Framework, the relevant Local Planning Policy Framework, the Farming Zone, Clause 52.06 Car Parking and the General Decision Guidelines of Clause 65.
10.2 The proposal is considered to be consistent with the relevant Planning Policy Framework. Relevant policies relate to amenity impacts, agricultural productivity and diversifying the economy. In response to these:
• The scale of the proposed use is considered to be minor and adverse impacts can be managed and minimised through appropriate conditioning of the permit.
• The proposal will ensure farmland is continually used in a productive manner as adjoining and nearby parcels being used for productive agricultural purposes will not be affect. The site in question is not described as high value farming land.
• Facilitating new business opportunities is encouraged, and the proposal regards a relatively benign use and business opportunity.
Amenity and use considerations
10.3 A total of (10) objections have been received as a result of the notification period with key amenity reasons being dust and noise, landscaping and hours of operation.
Dust and noise
10.4 Standard conditions will be included on the permit to ensure that the permit holder minimises the amount of dust and noise occurring as a result of the use.
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) Landscaping
10.5 A condition will require a detailed landscape plan to be submitted and approved prior to the use commencing. The landscaping will assist in reducing adverse visual impacts, along with asking in reducing noise.
Hours of operation
10.6 The application material submitted with the application sought approval to operate the proposed store use 7 days a week between the hours of 6.00am and 6.00pm.
10.7 The proposal for such hours is considered to be inconsistent with policies that seek to ensure that the amenity of the surrounding area is not affected.
10.8 The hours of operation as sought in the application material may result in potentially adverse amenity impacts in a rural context and as such are recommended to be reduced.
10.9 It is recommended that a condition be included to require the use to operate between the hours of 7.00am and 5.00pm Monday to Friday and between 9.00am and 5.00pm Saturday and Sunday.
10.10 Deliveries to and from the site will only occur between the hours of 7.00 am and 5.00 pm, Monday to Friday. Conditions have been applied to reflect this.
Farming Zone
10.11 The subject site has the capacity to accommodate the proposed use and no additional effluent will be generated as a result of the proposal.
10.12 The subject site is considered suitable for the proposed store use and the proposal is compatible within adjoining and nearby land uses which mostly relate to agricultural production.
10.13 The proposal will not adversely affect soil quality or permanently remove land for agricultural productivity. A condition will be included on the permit requiring areas of disturbed soil to be stabilised and the agricultural activity undertaken on the site will continue to occur.
10.14 The proposed use will not limit the operation or expansion of adjoining and nearby agricultural land uses nor affect soil or water quality.
10.15 The proposed use will not impact on the flora and fauna on the site and its surrounds. No native vegetation will be removed or impacted on as a result of the proposal.
10.16 The proposed storage areas have been sited appropriately to minimise the loss of productive agricultural land on the site. The small storage area has
MITCHELL SHIRE COUNCIL Page 496 ORDINARY COUNCIL MEETING AGENDA 28 JUNE 2021
PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) been sited at the front within proximity to the existing building. The large storage area is central to the site.
10.17 The proposed storage areas will cause minimal impact on the natural environment, major roads, vistas and water features, Measures to minimise adverse impacts include the conditioning of the permit to require landscaping of the storage areas.
Clause 52.06 Car parking
10.18 Clause 52.06 requires 10% of the site to be provided for car parking for a store land use. Formal car parking is not considered necessary in this circumstance due to the nature and location of the business unlikely to generate a significant demand. As such, a waiver of the amount of car parking spaces required is appropriate. There is ample space for car parking at the front of the site where the dwelling is located. Providing a dedicated area for car parking (particularly when it is clearly not needed) is impractical and removes land from more productive purposes.
10.19 The proposed use is remote from any other commercial activity. The activity generated on the site will be predominantly from the landowner bringing in materials and removing materials from the site with other staff assisting on rare occasions.
10.20 The landowner will operate the business and vehicle visitation will occur on rare circumstances and not a daily activity. The nature of the business means that customers visiting the site will be few. As such, the use is not expected to generate any more traffic than might be expected from any other operational farm in the area.
Clause 65 General Decision Guidelines
10.21 The application is required to be assessed against the matters set out in section 60 of the Act, the relevant Planning Policy Framework and the relevant Local Planning Policy Framework.
10.22 The proposal is considered to be generally consistent with the purpose of the Farming Zone which seeks to retain productive agricultural land, ensure that non-agricultural uses do not adversely affect the use of agricultural land and to encourage the retention of employment and population to support rural communities.
10.23 The proposal will not affect the orderly planning of the area as the storage areas have been sited appropriately to minimise the potential for any adverse amenity impacts. Permit conditions will ensure that the proposal does not cause adverse amenity impacts. These measures include restricting the hours of operation, staff, patron numbers, along within requiring landscaping screening and measures to minimise dust and noise.
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) 10.24 The proposal is unlikely cause or contribute to land degradation, salinity or reduce water quality. the permit will be conditioned accordingly to reduce any adverse impacts.
10.25 No native vegetation will be removed or impacted upon as a result of the proposed land use. Additional vegetation planting will be required in accordance with a landscape plan condition.
10.26 The proposed storage areas are not located within any land management overlays. The degree or flood, erosion or fire hazard associated with the proposed use is considered to be minimal.
11. Response to Objector Concerns
Objection Response
Zoning • The Farming Zone does not prohibit industrial land use and • The Farming Zone is a rural zone development. not an industrial zone • The site is found within the • The area is zoned rural residential Farming Zone. It is considered and ‘lifestyle properties’ abut the that agricultural activity could subject site. pose a far greater threat to the amenity of residents compared to • The proposal will affect the current proposal for storage. agricultural production • There is no evidence that the • Allowing a commercial/industrial proposal will affect agricultural business to operate in a rural production on adjoining properties residential area sets a dangerous in anyway. precedent • The site is not a rural residential zone, but a Farming Zone. It is considered that agricultural activity could pose a far greater threat to the amenity of residents of the area compared to the proposed use.
Amenity • The application has been lodged in a retrospective nature as the • There is already constant noise operation was occurring prior to coming from the site between any planning approval being 4.15am to anytime of night. The obtained. Conditions will be proposed hours of operation included on the permit restricting 6.00am to 6.00pm daily is the hours of operation and the excessive.
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) permit holder will need to comply • The storage area will create with these hours. habitat areas for snakes and vermin • A standard condition will be included on the permit requiring • The excavation of rock will create the presence of vermin to be further disturbance. The proposal managed to ensure the amenity of encourages mining/quarrying in the area is not impacted on. the area • The application is not seeking • Concerns the proposed number of approval for any excavations. The customers could increase in the proposal is only seeking approval future. to store materials on site. • The permit applicant drives his • The number of patrons will be truck erratically to intentionally conditioned on the permit. If any create noise and dust. There are increases are proposed the no dust suppression control permit will be subject to an measures in the application amendment application. material • Conditions will be included on the • The constant noise of moving and permit to ensure that the amenity breaking rocks will affect the of the area are not adversely surround amenity affected by dust and noise. • There is no privacy for adjoining • The proposal does not seek properties/ no attempt to screen approval for rock crushing on site. the use The approval is for storage • The proposal is inconsistent with purposes only. Rocks and other the surrounding setting. The material will be transported to and heavy industrial nature of the from the site. proposal is not suited to the • A condition will be included on the subject site permit for the permit holder to submit a detailed landscape plan. • The front storage bay is close to Landscaping will assist in neighbouring dwellings minimise adverse amenity as a result of the proposed use. • It is considered that the scale of the operation is quite minor in nature and permit conditions can mitigate any adverse impacts.
Traffic • It is considered that vehicle movements from one truck to and from the site are not unreasonable and the road is to the relevant engineering standard to
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) accommodate truck movements. • Ashes Bridge Road only carries has been designed to carry local traffic and is unsuitable for trucks. the proposed enterprise • The front storage area is setback • Truck movements will cause 12 metres from the adjoining safety impacts along Ashes boundary. This setback is Bridge Road, create excessive considered reasonable and noise and dust and pose a danger landscaping will be required as a to cyclists, pedestrians and other permit condition to ensure that road users. amenity impacts minimised. Storage will only be allowed within identified areas.
Environmental impacts • Conditions will be included on the permit requiring disturbed soil to • The proposal will cause erosion be stabilised and any waste and environmental impacts. The material removed from the land. proposal will denigrate the region, The area of the proposed use is landscape and waterways not within any Environmental or Land Management Overlays and • The storage of firewood is a fire any adverse impacts will be risk. The application does not minimal. specify how fire hazard will be reduced • The application is not located within the extent of a Bushfire Management Overlay. Therefore, the risk associated with Bushfire as a result of the firewood storage is minimal.
Other considerations • Objections must carry planning merit. Property devaluation is not • The proposal will devalue considered a valid reason for properties objection.
• The proposal has the potential to • The proposal does not include impact on the area of Aboriginal significant ground disturbance Cultural Heritage Sensitivity which and a Cultural Heritage affects the site. Management Plan is not required.
• The proposal will destroy the • It is officers view that neighbourhood character neighbourhood character relates to built form. The proposal does not include any building and appropriate screening will be
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PLANNING PERMIT APPLICATION PLP323/20 FOR THE USE OF THE LAND FOR A STORE AND REDUCTION IN CAR PARKING REQUIREMENTS AT 76 ASHES BRIDGE ROAD TALLAROOK (CONT.) provided to reduce visual amenity impacts.
12. Conclusion
12.1 The application has been assessed against the relevant Planning Policy Framework, the relevant Local Planning Policy Framework, the Farming Zone, Clause 52.06 Car parking and the General Decision Guidelines of Clause 65.
12.2 The proposal is generally in accordance with relevant policies and appropriate permit conditions will assist in mitigating the potential for adverse amenity impacts raised from objections.
MITCHELL SHIRE COUNCIL Page 501 Item 10.4 - Attachment 1 Proposed Permit Conditions
MITCHELL SHIRE COUNCIL Page 502 Item 10.4 - Attachment 1 Proposed Permit Conditions
MITCHELL SHIRE COUNCIL Page 503 Item 10.4 - Attachment 1 Proposed Permit Conditions
MITCHELL SHIRE COUNCIL Page 504 Item 10.4 - Attachment 2 Advertising Map
MITCHELL SHIRE COUNCIL Page 505
Item 10.4 - Attachment 3 Proposed Site Plan
MITCHELL SHIRE COUNCIL Page 507
Item 10.4 - Attachment 4 Applicable Policies
MITCHELL SHIRE COUNCIL Page 509 Item 10.4 - Attachment 4 Applicable Policies
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10.5 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION Author: Ricardo Ramos - Manager Development Approvals File No: CL/04/004 Attachments: Nil
1. Purpose
1.1 The following is a summary of planning activity before the Victorian Civil and Administrative Tribunal (VCAT) as well as a list of decisions on planning permit applications dealt with under delegated powers for the period detailed.
2. Key Matters
Upcoming appeals
2.1 The following is an update of the upcoming VCAT appeals. APPEAL REFERENCE ADDRESS PROPOSAL APPEAL DATE NOS. AGAINST Deferred - VCAT – Hillview Subdivision of the Appeal against VCAT to P1542/2019 Drive, land into 25 lots Council’s refusal set provide Council – Broadford and the removal to extend the new TP93/100 of native completion date hearing vegetation of the permit date 21 July VCAT – Hogan’s Construction of Conditions 2021 P2492/2019 Hotel, 88-94 an extension, Appeal by Council – High Street, reduction in car applicant PLP012/19 Wallan parking, increase (indented car in licensed area parking) and patron numbers 19 & 20 VCAT – 160 Scotts Use of the land Appeal against August P93/2020 Road, for camping and Council’s refusal 2021 Council – Tallarook use of existing to approve an P307127/12 buildings for a amendment to a host farm and planning permit function centre 6 August VCAT – (540) 74 Multi lot Failure to 2021 P1055/220 Davidson subdivision and determine Council – Street removal of PLP121/20 Broadford vegetation 30 August VCAT - 111 Northern Construction of a Appeal against 2021 1888/2020 Highway, major promotion Council’s refusal Council Kilmore sign to grant a PLP055/20 planning permit
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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION (CONT.)
29 July VCAT – 22 Dempsey Amendment to Objector appeal 2021 P447/2021 Road, existing permit for against Council’s Council Seymour a restricted place approval of an P306552/11.02 of assembly amendment to a planning permit
VCAT decisions since last report
36 Victoria Street, Seymour (PLP150/19) – Multi Dwelling Development
2.1 VCAT has issued a decision to remove conditions in relation to an appeal lodged by the permit applicant at 36 Victoria Street, Seymour.
2.2 The applicant had lodged an application for a multi dwelling development for 7 dwellings. Council Officers recommended approval subject to conditions to reduce the dwelling yield from 7 dwellings to 6 dwellings to assist in breaking up built form, respond to the character of the area and for additional vehicle parking spaces.
2.3 The conditions that were under review:
1(c) - An amended design with six dwellings on the lot.
1(d) - A detached built form with a maximum of three dwellings per structure and a landscaped divide between the structure.
1(g) - Provision of at least two visitor car parking spaces within the development.
2.4 The decision outlined that the dwelling density and built form of 7 dwellings was appropriate for the site given the proximity to the town centre of Seymour and the design providing a balanced response to relevant policies. Further, the proposal is in keeping with neighbourhood character and considered the emerging character of the area, along with the adjoining residential and industrial development.
2.5 As a result, VCAT required the conditions to be deleted from the permit.
40 Melrose Drive, Kilmore (PLP193/20) – Development of the land for an outbuilding.
2.6 An objector has lodged an appeal to cancel the planning permit. Prior to the hearing scheduled on 18 May 2021, the objector wrote in to VCAT requesting to withdraw the appeal, as such the application was withdrawn and no hearing occurred.
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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION (CONT.) 3. Activities Carried out Under Delegation
3.1 A list of planning permit applications dealt with under delegated powers for the month of May 2021 is included below. Permit No. Address Description of Decision Date Permit Approved South Ward PLP328/20 121-129 Dudley Staged multi-lot Planning 30/04/2021 Street WALLAN subdivision Permit PLP081/21 7 Bedford Court Buildings and works for Planning WALLAN the construction of an 17/05/2021 Permit outbuilding PLP354/20 18 Whiteside Staged multi lot Planning Street subdivision 20/05/2021 Permit BEVERIDGE PLP030/19.01 22 Whiteside Staged multi lot Corrected Street subdivision Planning 20/05/2021 BEVERIDGE Permit PLP207/20 31 Raglan Street Development of multiple WALLAN dwellings and reduction NOD 20/05/2021 in one car parking space PLP111/21 138 High Street Building and works WALLAN associated with an extension to the existing Planning dwelling and altering 25/05/2021 Permit access to land adjacent to a Road Zone – Category 1 Central Ward PLP355/20 120 Arkells Lane Use and development of Planning 4/05/2021 WANDONG the land for industry Permit 10 Glanville Drive Development of the land Planning PLP126/20 4/05/2021 KILMORE for a warehouse Permit Extension of childcare centre and ancillary 3 White Street uses (place of assembly Planning PLP165/20 12/05/2021 KILMORE (Community Programs) Permit and maternal child health) 25 Mitchell Street Development of the land Planning PLP050/21 17/05/2021 KILMORE for a single dwelling Permit PLP096/21 2-32 Station Removal of a light pole Planning 17/05/2021 Street WALLAN Permit PLP347/20 57 North Mountain Use of the land for a Road store NOD 17/05/2021 HEATHCOTE JUNCTION Staged multi-lot subdivision, creation of Amended 2 Tootle Street restrictions, and PLP274/19.02 Planning 14/05/2021 KILMORE subdivision of land Permit adjacent to a Road Zone Category 1 760 O'Gradys VicSmart - Buildings and Planning PLP132/21 17/05/2021 Road WANDONG works for an outbuilding Permit
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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION (CONT.) 31 Broadford Planning PLP357/20 Wandong Road 2 Lot Subdivision 17/05/2021 Permit WANDONG Amended 165 Color Drive Use and development of PLP256/19.01 Planning 17/05/2021 KILMORE EAST the land for a dwelling Permit 25-31 Allan Street Staged multi-lot Planning PLP249/20 17/05/2021 KILMORE subdivision Permit 75 Powlett Street Extension to existing Planning PLP197/20 20/05/2021 KILMORE Medical centre Permit 230 Nannys Creek Development of the land Planning PLP095/21 Road KILMORE 20/05/2021 for an outbuilding Permit EAST VicSmart - Development 135 Scanlons Planning PLP115/21 of the land for an 20/05/2021 Road WANDONG Permit agricultural shed. Buildings and works for the construction of a supermarket with speciality stores and 80 Clarke Street & medical centre, use of Amended 109 Northern PLP203/17.02 the land for sale of Planning 28/05/2021 Highway package liquor, Permit KILMORE alteration of access to Road Zone 1 and removal of native vegetation. 44 Ram Circuit Development of the land Planning PLP109/21 28/05/2021 WALLAN for a single dwelling Permit 120 Arkells Lane Use and development of Planning PLP355/20 4/05/2021 WANDONG the land for industry Permit 10 Glanville Drive Development of the land Planning PLP126/20 4/05/2021 KILMORE for a warehouse Permit North Ward Lot E Delatite Native Vegetation Notice of PLP202/20 3/05/2021 Road SEYMOUR Removal Decision Development of the land 215 Anzac for four dwellings and Notice of PLP281/20 Avenue 3/05/2021 creation of access to a Decision SEYMOUR Road Zone Category 1 680 Strath Creek Development of the land Planning PLP054/21 3/05/2021 Road TYAAK for a dwelling Permit Development of the land 655 Spur Road Planning PLP350/20 for an extension to an 29/04/2021 CLONBINANE Permit existing dwelling Installation and display Hume Freeway Planning PLP065/21 of replacement business 30/04/2021 TALLAROOK Permit identification signage VicSmart - Development 590 Elliots Road Planning PLP126/21 of the land for an 4/05/2021 TALLROOK Permit agricultural shed. Development of the land for two additional 153 High Street dwellings in addition to Planning PLP036/21 5/05/2021 BROADFORD an existing dwelling and Permit alteration of access to a Road Zone Category 1
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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION (CONT.) 13 Romano Drive Single storey dwelling Planning PLP024/21 6/05/2021 PYALONG with a carport Permit Use and development of 800 Telegraph the land for a dwelling Planning PLP032/21 10/05/2021 Road SEYMOUR and associated Permit outbuilding Buildings and works for 1 Industrial Court Planning PLP078/21 an extension to a 17/05/2021 SEYMOUR Permit warehouse Installation and display 45 Kilpara Drive Planning PLP076/21 of replacement business 17/05/2021 TALLAROOK Permit identification signage 60 Reservoir Removal of native Planning PLP209/20 Road 17/05/2021 vegetation Permit BROADFORD 7 Hammond Court Buildings and works for Planning PLP144/21 20/05/2021 SUNDAY CREEK an outbuilding Permit 13 Roditis Avenue Buildings and works for Planning PLP148/21 20/05/2021 BROADFORD an outbuilding Permit 45 Govett Street Planning PLP060/21 Two lot subdivision 20/05/2021 BROADFORD Permit 19 Heritage Drive Construction of Planning PLP070/21 25/05/2021 BROADFORD outbuilding Permit 70 Paynes Road Planning PLP298/20 Two lot subdivision 25/05/2021 FORBES Permit 9 Doogan Street Development of the land Planning PLP092/21 28/05/2021 PYALONG for a dwelling. Permit 54 Wallis Street Development of a single Planning PLP103/21 28/05/2021 SEYMOUR dwelling Permit Use and development of Corrected 45 Racecourse PLP279/20 land for a dwelling and Planning 28/05/2021 Road PYALONG associated outbuildings Permit 55 Jordan Street Buildings and works for Planning PLP043/21 28/05/2021 SEYMOUR an outbuilding Permit
RECOMMENDATION THAT the information in the report be received and noted.
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