24 March 2021 Form 2
NOTICE OF AN APPLICATION FOR PLANNING PERMIT
The land affected by the 150 Day Avenue OMEO application is located at: Lot 1 TP 395109
The application is for a Use and Development (restricted retail permit to: premises) & Alteration to Access in
RDZ1
The applicant for the Crowther & Sadler Pty Ltd permit is:
The application 109/2021/P reference number is:
You may look at the application and any (Intentionally blank) documents that support the application on the website of the responsible authority.
This can be done anytime by visiting the following website: https://www.eastgippsland.vic.gov.au/building-and-development/advertised- planning-permit-applications
Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority.
An objection must be sent to the Responsible Authority in writing, include the reasons for the objection, and state how the objector would be affected.
The Responsible Authority will not Subject to applicant carrying out notice decide on the application before:
If you object, the Responsible Authority will tell you its decision.
Please note submissions received will be made available for inspection and may be made available to other parties in accordance with the Planning & Environment Act 1987. If you have concerns about this, please contact the East Gippsland Shire Council’s Planning Office. Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. None of the State of Victoria, LANDATA REGD TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.
REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1 Land Act 1958
VOLUME 06078 FOLIO 549 Security no : 124088265505M Produced 22/02/2021 03:21 PM
LAND DESCRIPTION
Lot 1 on Title Plan 395109G. PARENT TITLE Volume 02938 Folio 514 Created by instrument 1631316 18/11/1936
REGISTERED PROPRIETOR
Estate Fee Simple Sole Proprietor SKIDALE 1 PTY LTD of 127 PAISLEY STREET FOOTSCRAY VIC 3011 AT714223M 22/10/2020
ENCUMBRANCES, CAVEATS AND NOTICES
Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.
DIAGRAM LOCATION
SEE TP395109G FOR FURTHER DETAILS AND BOUNDARIES
ACTIVITY IN THE LAST 125 DAYS
NUMBER STATUS DATE AT714223M (E) TRANSFER Registered 22/10/2020
------END OF REGISTER SEARCH STATEMENT------
Additional information: (not part of the Register Search Statement)
Street Address: 150 DAY AVENUE OMEO VIC 3898
DOCUMENT END
Title 6078/549 Page 1 of 1
A.B.N. 24 006 331 184
152 Macleod St. PO Box 722, Bairnsdale, VIC 3875
P: 5152 5011 F: 5152 5705
Planning Report
Building & Works (Shop) & Alteration to Access in RDZ1 150 Day Avenue, Omeo
Reference – 19257
25 February 2021
FS 520900
19257 Report D.doc
Principal: Michael J. Sadler, L.S., Dip Surv, M.I.S., MAICD East Gippsland Shire Council Page 2
Contents
1. Introduction 3
2. Subject Land & Surrounding Context 4
3. The Application & Proposal 6
4. Cultural Heritage 7
5. Planning Policy 10 5.1 Planning Policy Framework 10 5.2 Local Planning Policy 10
6. Planning Elements 11 6.1 Commercial 1 Zone 11 6.2 Particular Provisions 12 6.2.1 Car Parking: Clause 52.06 12 6.2.2 Land Adjacent to RDZ1: Clause 52.29 12
7. Conclusion 13
8. Attachments
Application Form Plan Set – Penno Drafting & Design Site Plan (Version 2) Copy of Title (Lot 1 on TP395109)
Note: Applicable Planning Application fee is $2206.80 (to be paid by cheque)
19257 Report D.doc East Gippsland Shire Council Page 3
1. Introduction
This planning report is prepared in support of proposed Buildings & Works and alterations to access in Road Zone Category 1 at 150 Day Avenue, Omeo. The report addresses the provisions of the Commercial 1 Zone and Particular Provisions as contained within the East Gippsland Planning Scheme.
Subject Land
Aerial view of subejct land and surrounding context – Source: VicPlan (DELWP)
Subject Land
Zone Mapping – Source: VicPlan (DELWP)
19257 Report D.doc East Gippsland Shire Council Page 4
2. Subject Land & Surrounding Context
The subject land is formally described as Lot 1 on TP395109 and is approximately 3,477m² in area.
View across subject land from Day Avenue
The property is located on the western side of Day Avenue and is a relatively large parcel of land for its location within the commercial centre of Omeo. Day Avenue is a good quality sealed bitumen road which is mapped as being Road Zone, Category 1.
Whilst an existing building is located on the south western portion of the property the majority of the land is currently vacant and underutilised for the context.
View towards existing site building
Existing vehicle crossovers facilitate vehicle access to the land from the adjoining road network. There is also a concrete pedestrian pathway located within the adjoining Road Reserve which provides direct connection to the wider commercial precinct.
19257 Report D.doc East Gippsland Shire Council Page 5
The site is well located being positioned within the main commercial precinct of the Omeo township. It is opposite the local supermarket and within walking distance to a broad array of goods and services.
View south along Day Avenue (Subject land on the right)
View north along Day Avenue (Subject land on left)
The subject land is contained within the Commercial 1 Zone of the East Gippsland Planning Scheme with no Overlays applying to the land.
19257 Report D.doc East Gippsland Shire Council Page 6
3. The Application & Proposal
The Application seeks approval for Buildings & Works associated with the construction of a single storey building which will be utilised as a shop for the purpose of ski hire equipment.
Accompanying the Application are Floor Plans and Elevations prepared by Penno Drafting and Design which nominate a single storey building which will be provided on a steel stump footing system. The building will be provided with vertical custom-orb cladding with a colourbond finish and bondor solar span roofing at 2° pitch with colourbond finish.
The building will be provided with a timber ramp which will provide access onto an external deck area and into the shop building. Internal to the building will be the shop floor and a bathroom.
Also accompanying the Application is a Site Plan which nominates the location of the proposed building together with internal access and car parking arrangements.
Extract from Site Plan – Crowther & Sadler Pty Ltd
19257 Report D.doc East Gippsland Shire Council Page 7
The existing double vehicle crossing will be modified to accommodate the proposal and the proposed car park will consist of standard sized vehicle parking spaces together with a disabled car parking space to cater for both staff and visitors to the site.
The subject Application triggers approval at the following Clauses of the East Gippsland Planning Scheme:- • Clause 34.01-4 for Buildings & Works in accordance with Commercial 1 Zone; • Clause 52.29-2 of the Particular Provisions for alteration of access adjoining Road Zone Category 1.
4. Cultural Heritage
Pursuant to Regulation 7 of the Aboriginal Heritage Regulations 2018, a Cultural Heritage Management Plan is required for an activity if:
(a) all or part of the activity area for the activity is in an area of cultural heritage sensitivity; and (b) all or part of the activity is a high impact activity.
Subject Land
Cultural Heritgage Sensitivity Mapping – Source: VicPlan (DELWP)
The construction of a building or the construction or carrying out of works on land is a high impact activity if the construction of the building or the construction or carrying out of works would result in significant ground disturbance and is for, or associated with the use listed at Regulation 46 (1) (b).
Shop is nested under retail premises which is listed at Regulation 46 (1) (b). This would deem the proposal to be a high impact activity however the land has been subject to significant ground disturbance in the past.
19257 Report D.doc East Gippsland Shire Council Page 8
Pursuant to Regulation 26 (1) a waterway or land within 200 metres of a waterway is an area of cultural heritage sensitivity (subject to sub regulation (2)). The subject land and surrounding area has therefore been mapped as being an area of cultural heritage sensitivity given the proximity to Livingstone Creek.
Pursuant to Regulation 26 (2) if any part of the landscape within 200 metres of a waterway has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity.
Significant ground disturbance means disturbance of the topsoil or surface rock layer of the ground or a waterway by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping (Regulation 5).
The township area of Omeo has previously been disturbed though the activities undertaken within the goldrush which occurred upon the discovery of gold in 1851. The main method of extracting the gold was through alluvial sluicing which significantly disturbed the natural ground.
The extent of the disturbance to the landscape is evident through the below photograph which provides southerly views across the Omeo township circa 1876.
Livingstone Creek
View south across Omeo township (circa 1876) - Source: National Gallery of Victoria Website
The majority of the gold was found along Livingstone Creek and as a consequence the mining activities were concentrated within close proximity to the waterway within the township area of Omeo. The subject land is located within relatively close proximity to Livingstone Creek being just over 100 metres away and as a consequence was heavily impacted upon by mining activities.
19257 Report D.doc East Gippsland Shire Council Page 9
Subject Land
Livingstone Creek
Aerial view looking south across Omeo – Source: Weekly Times 1929
The site retains evidence of these historic mining activities with sloping batters and change to the natural grade still being evident onsite today.
View across subject land at the manmade changes to the site grade
19257 Report D.doc East Gippsland Shire Council Page 10
5. Planning Policy
State and Local Planning Policy is addressed below in support of the proposed development.
5.1 Planning Policy Framework
The proposal is most consistent with Clause 17.04-1R relating to Tourism – Gippsland as the purpose of the shop is to provide ski hire equipment for tourists visiting the area during the snow season. The shop will ultimately support tourism within the region and within the township of Omeo.
Clause 15.01-2S relating to Building Design seeks to achieve building design outcomes that contribute positively to the local context and enhance the public realm. The proposal responds positively as the building has been positioned in a practical location within the existing commercial precinct. The building is also modest in scale and incorporates a timber deck which provides connection with the sub-Alpine environment.
The proposal has considered the protection and conservation of places of Aboriginal cultural heritage significance consistent with Clause 15.03-2S Aboriginal Cultural Heritage. Whilst the subject land is located within close proximity to Livingstone Creek, extensive mining activities have historically occurred in the area which has resulted in the land being significantly disturbed and unlikely to comprise any Aboriginal cultural heritage.
5.2 Local Planning Policy
Local Planning Policy relating to Omeo identifies the township as a service town which is in a position to benefit significantly from increased tourism opportunities.
Associated strategies seek to consolidate the town of Omeo within the existing boundaries and for planning to capitalise on the towns position as the ‘gateway’ to the eastern Victorian Alps and the Great Alpine Road.
The proposal is considered to respond positively to Local Planning Policy as the subject land is located within the existing commercial precinct and has the capacity to cater for the intended use which will also facilitate tourism.
19257 Report D.doc East Gippsland Shire Council Page 11
6. Planning Elements
The planning zone and overlays as affecting the subject land are addressed below.
6.1 Commercial 1 Zone
The whole of the subject land is mapped as being affected by the provisions of the Commercial 1 Zone which triggers planning approval at Clause 34.01-4 for Buildings & Works associated with the construction of the proposed building.
Zone Mapping – Source: VicPlan (DELWP)
The use of the land for the purposes of a shop does not trigger any planning approval as shop is included in retail premises which is a Section 1 Use at Clause 34.01-1 of the Commercial 1 Zone.
The accompanying Plan Set includes Site Plan, Floor Plan and Elevations which address the Application Requirements at Clause 34.01-6 of the Commercial 1 Zone.
Decision Guidelines
The proposed use of the building for ski hire equipment is considered to be most practical and convenient in this location as Omeo essentially acts as the gateway to the Alpine snow fields.
The site is well located being within the main commercial area of Omeo and is zoned appropriately to accommodate further commercial development. The site is arguably under utilised currently as it is fully serviced land contained within the Commercial 1 Zone.
There is ample area available on the land to cater for vehicle parking arrangements for both staff and visitors which will ensure that existing vehicle spaces on the street will not be adversely impacted by the proposal.
19257 Report D.doc East Gippsland Shire Council Page 12
6.2 Particular Provisions
6.2.1 Car Parking: Clause 52.06
The proposed use of the land for the purposes of a shop triggers consideration of Clause 52.06 of the Particular Provisions relating to Car Parking. Before the commencement of the new use the number of car parking spaces stipulated at Clause 52.06-5 must be provided.
Table 1 at Clause 52.06-5 specifies that 4 car parking spaces are to be provided to each 100m² of leasable floor area. As the proposed building has a leasable floor area of 77.8m² there is requirement to provide a total of 3 car parking spaces. The proposal seeks to nominate a total of 3 car parking spaces which complies with the standard under Clause 52.06.
The car parking spaces each have a length of 5.5 metres with ability to back onto an accessway of 6.4 metres in width. The specifications of the car parking spaces easily achieve the minimum dimensions of car parking spaces and accessways as specified at Table 2 to Clause 52.06-9.
6.2.2 Land Adjacent to RDZ1: Clause 52.29
Planning approval is triggered at Clause 52.29-2 to alter access from Day Avenue as it is a road in a Road Zone, Category 1. The existing double vehicle crossover will need to be modified to facilitates access and the intensification of the intended use (shop) triggers the need to consider Clause 52.29.
Decision Guidelines
The operation of the adjoining road and public safety will not be adversely compromised by the proposal as the access is located in an appropriate position with sufficient sight lines.
Whilst the position of the vehicle crossing will alter it will remain a double width to enable vehicles to pass one another when entering and exiting the site without any traffic or safety concerns.
The intended use only triggers the need for 3 vehicle spaces to be provided on site. The volume of traffic entering and exiting the site is therefore not excessive and can easily be accommodated.
19257 Report D.doc East Gippsland Shire Council Page 13
7. Conclusion
The proposed Buildings & Works and alteration to access in Road Zone Category 1 at 150 Day Street, Omeo is considered to accord with all relevant provisions of the Commercial 1 Zone and Particular Provisions of the East Gippsland Planning Scheme. The proposal is consistent with Planning Policy Framework and Local Policy and has been designed to complement the adjoining properties.
For these reasons we respectfully request that Council consider the merits of the Application favourably and resolve to issue a Planning Permit.
MICHAEL SADLER Managing Director
19257 Report D.doc REVISIONS DATE COMMENTS ISSUE No. 2*06/2020 PRELIMINARY ISSUE
ENNO I EXPANDABLE Container Homes Pty Ltd
DRAWING LIST DRAFTING & DESIGN SHEET01 No. SHEET NAME fLOOKELEVATIONS PLAN jOl 30-VIEWS SPECIALISING IN: BUILDING DESIGN - NEW HOMES, RENOVATIONS, QUALITY PLANNING * DESIGN PHONE: 1300 621 333 ADDRESS: 33 BREEN STREET BENDIGO, PHONE: (03)5444 3315 -0417 033 GOG www. expandablecontamerhomes . com. au E-MAIL: [email protected], REGISTRATION No.: CDP-AD 57507
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PROJECT INFORMATION
MEMBER CLIENT: TOM AND LIZ NOY
ADDRESS: I 50 DAY AVENUE, OMEO
REP No.: R20-I06 PRELIMINARY PLANS DATE: 28/05/2020 NOT TO DE USED FOR CONSTRUCTION PURPOSES Building Designers Association Victoria 7160 5040
6260 5040 D poo, 600 C<^>A i; J 1n LENGTH TO BE CONFIRMED WITH LEVELS
B cST, MINIMUM I .Om HIGH -i 90«90mm GALV POST TIMBER DECKING PAMP I m SIGN (3 i— RAMP LENGTH TO BE WIRE DALU5TRADING □ fixer to galv. CONFIRMED WITH LEVELS !| L smwHSTAINIESSI | | HANDRAIL WITH KERB 1 m I I MINIMUM 300mm HANDRAIL EXTENSION I I MINIMUM I .Om HIGH WIRE BALUSTRAPING ■ . . si : ■ IKK f COME BATTEN WALL OUT TO SUIT DOOR RECESSED TRACKS 390m,ii CLEAR OPENINGS TO EACH DOOR. LEAP COlIJi SIZE TO BE AIMER DOORS TO BE1 REMOVED I : 1 ; 1 1
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CAROMA CARE 700 WALL I 90,nm EAVE BASIN WITH LEFT HAND SHELF OTH (87340OW) 11080 SHOP 70 FLOOR PLAN 2360 9550 SHOP ACCESSIBLE WC 12200 1 : 50
PRELIMINARY PLANS
NOT TO BE USED FOR CONSTRUCTION PURPOSES REFERENCE R20-I08 DRAWINC: PROJECT CLIENT: TOM AND LIZ HOY FLOOR PLAN **$£*£? ISSUE NUMBER: ENNO _ EIB- DATE- 28/05/2020 jv © DRAWINGS COPYRIGHT | DRAFT!IMG Sc DESIGN PROJECT ADDRE5S: upanelablccc DRAWN BY: PHONE: 1300 821 333 I 50 DAY AVENUE, OMEO SCALE; SO 33RBREEN STREET BENDIGO. Ph: (03)54443315. CDP-AD 57597 CHECKED BY. (A2 SHEET) SHEET No.. Q I
A.B.N. 24 006 331 184
152 Macleod St. PO Box 722, Bairnsdale, VIC 3875
Our ref: 19257AMP P: 5152 5011 F: 5152 5705
E: [email protected] 11 March 2021
Coordinator Statutory Planning East Gippsland Shire Council Via Email: [email protected]
Attention: Mr. Robert Pringle
Dear Robert,
Re: Planning Application Buildings & Works (Shop) & Alteration to Access in RDZ1 150 Day Avenue, Omeo
We refer to the abovementioned Planning Application as lodged through Council’s online Planning Portal on 26 February 2021 and provide herein Site Plan (Version 3) for substitution with the previously provided plan.
Since lodgement of the Planning Application, we have received further instructions from our clients to alter the proposal to enable use of the existing vehicle crossover. This will avoid the need to alter the access arrangements and avoid unnecessary time delays with getting the project off the ground.
We have enclosed herein Site Plan (Version 3) which nominates access from the existing vehicle crossing and shows a total of 3 vehicle parking spaces. It is respectfully requested that this plan be substituted for the previously provided and be assessed as part of the Application.
Whilst the Application now seeks to utilise the existing vehicle crossover the description of the land will remain “Buildings & Works (Shop) & Alteration to Access to RDZ1” as the proposal will ultimately result in a change to the number of vehicles movements entering and exiting the site.
As always, please do not hesitate to contact our office should we be able to assist further in relation to this matter.
Regards,
MICHAEL SADLER
FS 520900 Encl: Site Plan (Version 3)
19257 EGSC Ltr.doc Principal: Michael J. Sadler, L.S., Dip Surv, M.I.S., MAICD