REPORT TO Development Assessments Committee ITEM NO. 2.1.1 MEETING DATE Monday, 18 July, 2011 SUBJECT Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud PREPARED BY Sotirios Katakouzinos, Project Coordinator – Integrated Planning AUTHORISED BY Manager – Statutory Planning ATTACHMENT(S) YES Application No. P10/2577 Proposal Use and develop the land for a licensed packaged liquor shop, associated buildings and works, car parking variation, alteration to access to Road Zone 1. Melway Reference 170 B1 Zoning Business 1 Zone Applicant Coles Group Developments Ltd Date Received 17 May, 2011 (Amended Planning Application) 2 December, 2010 (Original Application)
EXECUTIVE SUMMARY
Proposal Use and develop land for a bottle shop licensed to sell packaged liquor, access to Point Nepean Road, variation of car parking requirements in accordance with submitted plans. Zoning and Overlays Business 1 Zone. Abuts Road Zone Category 1. Environmental Significance Overlay – Schedule 25 (ESO25). Permit Triggers Clause 34.01-4: A permit is required to construct a building or construct or carry out works (Business 1 Zone);
Clause 42.01-2: Buildings and works in ESO25;
Clause 52.05: Display of advertising signs;
Clause 52.06: Car parking variation;
Clause 52.07: Loading and unloading of vehicles;
Clause 52.2: Licensed premises;
Clause 52.29: Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road; and
Clause 52.34: Bicycle facilities. Advertising Postal notification, site notification and newspaper notification satisfactorily completed during March and June 2011. Submissions Four written objections. Consultation Planning Application Conference not held. Key Issues Insufficient provision of car parking;
Inconsistent with draft Rosebud Strategy Plan;
Cumulative impact of bottle shop and sale of packaged liquor for consumption off the premises; and
Harm minimisation. Recommendation Council issue Notice of Decision to Grant a Permit.
Mornington Peninsula Shire Council 1 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
PREVIOUS PERMITS
First Choice Liquor Superstore is a group of liquor superstores in Australia owned by Wesfarmers, and competes principally with the Woolworths-owned Dan Murphy’s chain. First Choice Liquor Superstores grew out of the former Quaffers brand, and sits alongside Liquorland and Vintage Cellars, Wesfarmers’ other liquor brands. The first store was opened in May 2005 at Tooronga Village Shopping Centre in Melbourne
EXISTING CONDITIONS
The existing site has been used for the purpose of trade supplies, known as Swan Plumbing Hardware. Swan Plumbing Hardware has now relocated to 12 Henry Wilson Drive, in the Rosebud Industrial Estate. Coles Group Property Developments Ltd became owners of the property on 10 February, 2011. The Swan Plumbing Hardware land comprised four titles, shown in bold red border in Figure 1. Of the four titles, two of the titles are currently for sale (shown hatched in Figure 1). The balance of the land comprising of the main title fronting Point Nepean Road and the title to the south fronting McCombe Street form the planning unit for the proposed bottle shop development and packaged liquor licence.
Figure 1: Subject land owned by Coles (in bold red border). The hatched two titles are currently for sale by Coles.
Mornington Peninsula Shire Council 2 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
SURROUNDING LAND
Figure 2: Point Nepean Road frontage facing south-west
The subject land is abutted to the east by a collection of mixed office and shops uses with a central parking area in common ownership and direct access from Point Nepean Road. To the west is the Rosebud freestanding Aldi grocery store. To the south at 14 McCombe Street is a physiotherapy clinic operating out of a former dwelling. Residential dwellings are located on the south side of McCombe Street. Rosebud Plaza is a short distance to the south-west.
PROPOSAL
The subject site is known as 1301-1311 Point Nepean Road, Rosebud and is located on the south side of Point Nepean Road approximately 360 metres east of Boneo Road, between Rose Avenue and First Avenue. It is an irregular shaped parcel of land comprising of the following titles:
Lot 3 LP 24770 (Volume 8748 Folio 422);
Lot 4 LP 24770 (Volume 7806 Folio 042);
Lots 1 and 2 TP628415F (Volume 8748 Folio 423);
Lot 64 LP 6453 (Volume 8156 Folio 240); and
Lot 1 TP 618505L (Volume 7569 Folio 171).
The proposal applies to Lots 3 and 4 LP 24770, Lot Lots 1 and 2 TP628415F, which combined have an overall site area of 3,158 square metres.
Lot 64 LP 6453 and Lot 1 TP 618505L do not form part of the application.
Mornington Peninsula Shire Council 3 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
PROPOSAL (CONT’D)
The planning unit site frontage to Point Nepean Road is 30.48 metres and to McCombe Street is 15.24 metres. The depth of the site between Point Nepean Road and McCombe Street is 121.92 metres.
The existing buildings on the land are to be demolished and a new purpose built bottle shop of 1,200 square metres gross floor area is proposed. The proposed building will be setback 41.46 metres from Point Nepean Road (compared to 36 metres for the existing Swan Hardware building). Other setbacks are 5.015 metres to the west side boundary (Aldi) and 36.58 metres to McCombe Street. The proposed building abuts the eastern side boundary as well as the northern part of 14 McCombe Street (physiotherapy clinic).
Car parking for 41 cars is provided around the building, with 28 spaces within the front setback and 13 car spaces at the rear. Access to both Point Nepean Road and McCombe Street will be retained (parallel to the Aldi access). Loading area is to the southern or rear of the building facing McCombe Street with the intention that deliveries will arrive via Point Nepean Road, reverse dock into the loading area and drive out to McCombe Street.
The proposed development is described by the Applicant as contemporary in nature and comprising a mixture of materials and finishes including glazing, profiled metal cladding, perforated mesh, Colorbond and powder coated steel and painted concrete, detail of which is provided with the materials and finishes schedule that forms part of the application.
Figure 3: First Choice Liquor Mornington Peninsula Shire Council 4 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
PROPOSAL (CONT’D)
It is also proposed to display signage associated with the proposed bottle shop, with the following signs:
Two business identification signs on the north elevation, one measuring 6.7 metres x 4.2 metres and one measuring 4.03 metres x 3.3 metres;
Four business identification signs on the north elevation measuring 5.6 metres x 3.1 metres, 3.6 metres x approximately 3.616 metres, 6.7 metres x approx. 3.1 metres and 11.03 metres x 3.7 metres;
One sign on the south elevation, measuring 4.5 metres x 3.7 metres; and
One pole/pylon sign comprising three business identification panels. The sign measures 6.0 metres in height and has a maximum width of 2.4 metres.
All signage is classified as internally illuminated business identification signage.
The proposal also involves building over drainage easements which are necessary to provide a suitable drainage route for adjoining lots. As a result of discussions with the Applicant, Planning Application P11/0300 has now been submitted and is under consideration for the proposed removal and creation of easements and will be assessed separately.
The proposal was amended on 12 May, 2011 to also seek permission for the sale of packaged liquor for consumption off the premises pursuant to Clause 52.27 of the Planning Scheme. This was as a result of Amendment VC79 to the Planning Scheme coming into force on 8 April, 2011.
When a liquor licence is granted, it is for a defined area. This area is shown by a red line drawn on a plan of the premises, submitted with the application, and approved by the Director of Liquor Licensing. It has become normal practice to also have such a plan endorsed under the planning permit, thus defining the planning unit for the planning permission for the sale of packaged liquor. The submitted plan is included in Attachment 3.
NOTIFICATION
Notification of the application in accordance with Section 52 of the Planning and Environment Act 1987 occurred twice. The original application was advertised commencing on 4 March, 2011 by a notice erected on each of the road frontages, a notice sent to adjoining and neighbouring property owners and occupiers and a notice published in the locally circulating newspaper. The amended application was advertised commencing 30 May, 2011. The advertising process has been satisfactorily completed.
Mornington Peninsula Shire Council 5 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
SUBMISSIONS
Four written submissions have been received to the planning application. In summary, the grounds of objection are:
Over supply of liquor retail outlets in Rosebud (nine between Lonsdale Street and Boneo Road);
Unsuitable for family area;
Over supply of liquor retail outlets in Rosebud – four liquor outlets within 1 kilometre;
Dangers of alcohol; and
Impact of development on boundary with 14 McCombe Street and destruction of trees. If the building cannot be located further north, then trees at 14 McCombe Street should be removed and compensation provided.
CONSULTATION
A Planning Application Conference was not held as two of the objectors are opposed to another liquor retail outlet and do not abut or adjoin the subject site. A representative of the Applicant has met with the adjoining objector at 14 McCombe Street according to the objector. Discussions between the parties have potentially resulted in some agreement on replacement vegetation for the trees that would be lost by the proposed development. However, nothing formal has been submitted to Council in this regard. If Council decides to approve this application, it would be appropriate to include permit conditions requiring appropriate compensatory planting on the objector’s land and the removal of the trees all at the cost of the permit holder. In addition, a suitable acoustic screen fence to the loading area with a height of at least 2.1 metres at the permit holder’s expense should be constructed for the length of the common boundary with the subject land.
REFERRALS
External Referrals
The application was referred to VicRoads in accordance with the requirements of Clause 52.29 due to access being obtained from Point Nepean Road. VicRoads advised on 12 January, 2011 that it has no objection to a planning permit being granted provided its conditions are included in the permit.
The application was referred to the Department of Sustainability and Environment in accordance with the requirements of ESO25.
Internal Referrals
Council’s Infrastructure Development Engineer advises that construction plans must be provided for all the drainage, parking and traffic works.
Mornington Peninsula Shire Council 6 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
PLANNING SCHEME PROVISIONS
Planning Policy Framework
The following table summarises the key applicable State and Local policies.
State Planning 11.01: Activity Centres Policy 11.02: Urban Growth Framework 12.02: Coastal Areas 12.04: Significant Environments and Landscapes 13.01: Climate Change Impacts 15.01: Urban Environment 15.02: Sustainable Development 17.01: Commercial 18.01: Integrated Transport 18.02: Movement Networks 18.02-2: Cycling 18.02-5: Car Parking Local Planning 21.02: Profile of the Mornington Peninsula Policy 21.03-1: The Regional Role of the Mornington Peninsula Framework 21.04: Mornington Peninsula Strategic Framework Plan 21.06: Strategic Framework and the Peninsula’s Settlement Pattern 21.07: Guiding Future Township Development 21.08: Foreshore and Coastal Areas 22.02: Activity Centres 22.06: Development on Highways, Main Roads and Tourist Routes 22.10: Advertising Signs 22.11: Mornington Peninsula Fire Protection Policy 22.13: Township Environment Other 65: Decision Guidelines
On 20 September, 2010 a new State Planning Policy Framework was introduced into the Planning Scheme. The relevant objectives and strategies of these provisions have been considered in this assessment.
Zones and Overlays
The subject land is located in the Business 1 Zone, as is adjoining land to the east and west between Point Nepean Road and McCombe Street. On the north side of Point Nepean Road is the Rosebud Foreshore. On the south side of McCombe Street is the residential area of Rosebud which is zoned Residential 1.
A bottle shop is a land use which does not require a planning permit in the Business 1 Zone.
The Planning Scheme defines bottle shop as “Land used to sell packaged liquor for consumption off the premises”. Bottle shop is included in the shop land use which is nested within the retail premises group (see Clause 75.12 of the Planning Scheme).
Mornington Peninsula Shire Council 7 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
PLANNING SCHEME PROVISIONS (CONT’D)
Zones and Overlays (Cont’d)
Figure 4: Zoning Map
Figure 5: ESO25 in light green
Mornington Peninsula Shire Council 8 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
PLANNING SCHEME PROVISIONS (CONT’D)
Zones and Overlays (Cont’d)
A planning permit is required for the construction of any buildings and works in the Business 1 Zone.
Lot 3 LP 24770, being the lot facing Point Nepean Road, is also subject to the ESO25, the environmental objectives of which are:
To protect and enhance the natural features, vegetation, ecological diversity, landscape quality, heritage values and recreation opportunities of the Port Phillip Bay coastal area and associated intertidal and marine habitats;
To promote excellence in design of buildings, facilities and structures in the coastal area; and
To promote coordinated management of the Port Phillip coastal area.
Under ESO25 a planning permit is required for the construction of the proposed buildings and works.
Specific Planning Controls
In addition to the Zone and Overlay controls the following Particular Provisions are relevant:
Clause 52.05: Advertising Signs;
Clause 52.06: Car Parking;
Clause 52.07: Loading and Unloading of Vehicles;
Clause 52.27: Licensed Premises;
Clause 52.29: Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road; and
Clause 52.34: Bicycle Facilities.
Clause 52.27 applies to Licensed Premises under the Liquor Control Reform Act 1998.
The purpose of this clause is:
To ensure that licensed premises are situated in appropriate locations; and
To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.
Before deciding on an application, in addition to the Decision Guidelines in Clause 65, the Responsible Authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and Local Planning Policies;
The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area;
Mornington Peninsula Shire Council 9 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
PLANNING SCHEME PROVISIONS (CONT’D)
Specific Planning Controls (Cont’d)
The impact of the hours of operation on the amenity of the surrounding area;
The impact of the number of patrons on the amenity of the surrounding area; and
The cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area.
Amendment VC79 changed the Victoria Planning Provisions and Planning Schemes by amending Clause 52.27 (Licensed Premises) to require a planning permit to use land to sell packaged liquor for consumption elsewhere. This change implements the Government’s policy on packaged liquor outlets.
The Explanatory Report to the amendment describes why the amendment was required:
“ The amendment implements State Government policy about packaged liquor outlets such as a Bottle shop, as articulated in the policy document ‘The Victorian Liberal Nationals Coalition Plan for Planning’.
The sale of packaged liquor can have significant impacts on the safety and amenity of an area, particularly when sold after 11:00 p.m., and can add to incidents of alcohol related harm. The amendment is required to allow a responsible authority to consider community submissions, amenity, cumulative impact and other relevant matters when assessing planning applications to use land to sell packaged liquor.
The amendment also clarifies that a permit is required under Clause 52.27 to extend an area where liquor is allowed to be consumed or supplied.
How Does the Amendment Implement the Objectives of Planning in Victoria?
The amendment will require safety, amenity and cumulative impact to be considered when assessing an application to use land for the sale of packaged liquor, and in so doing will implement the following objectives of planning in Victoria:
To provide for the fair, orderly, economic and sustainable use, and development of land; and
To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria.”
CONSIDERATION
On 22 December, 2010, the Applicant was requested to provide a Coastal Hazard Vulnerability Assessment which addresses the requirements of Clause 13.01-1 of the Planning Scheme and in particular allows for sea level rise of 0.8 metres by 2100, and allows for the combined effects of tides, storm surcharges, coastal processes and local conditions.
Mornington Peninsula Shire Council 10 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
A Coastal Hazard Vulnerability Assessment prepared by Coastal Engineering Solutions Pty Ltd was subsequently provided and is appended in Attachment 7. The key points from this assessment are:
Land levels on the property vary between +2.2 metres [Australian Height Datum (AHD)] at its lowest point along Point Nepean Road frontage, rising to approximately +4.4 metres (AHD) at the rear of the property along McCombe Street;
These land levels are above the present day influences of 100 year return period storm tide events; consequently the property is not at risk of storm tide inundation;
By 2070 the combined effects of future climate change (including predicted sea level rise and increased ‘storminess’) mean that the 100 year return period storm at that time will reach a level of 1.77 metres (AHD). Consequently the redevelopment site is not at risk of storm tide inundation in the planning period to 2070;
For the predicted climate change scenario in the year 2100, the predicted 100 year return period storm tide of 2.2 metres (AHD) will reach the seaward boundary of the property – being the lowest part of the site. However, the site itself will not be inundated during such an event at that time;
Furthermore there is negligible erosion risk to the property in the planning period to 2100 because the foreshore reserve and Point Nepean Road act as a 190 metre wide erosion buffer between the property and the beach; and
Whilst the effects of a 100 year return period storm event occurring under the 2100 climate scenario will not encroach on the property, to be consistent with present day requirements (for habitable floor levels to have a 0.3 metre freeboard above such an inundation risk), habitable areas of the proposed redevelopment should be above +2.52 metres (AHD).
Clause 34.01-4: A Permit is Required to Construct a Building or Construct or Carry Out Works (Business 1 Zone)
The Decision Guidelines of the Business 1 Zone include consideration of ‘the interim use of those parts of the land not required for the proposed use’. The Applicant has chosen not to include two lots fronting McCombe Street which formed part of the Swan Plumbing Hardware site. The Applicant purports to limit the planning unit of the proposed bottle shop to the larger lot fronting Point Nepean Road and the smaller rear lot fronting McCombe Street. Obviously the benefit that will be derived is a reduction in the cost of the proposed development, a realisation of the value of the unused lots and a transfer of the additional parking cost to the broader community, if the amount of parking generated by the proposed bottle shop is not supplied on the site.
Proper planning requires the Responsible Authority to consider how this land is likely to be used. Given the Business 1 zoning of the land, it is likely that the land will be developed in a similar way to the development on the east side of Aldi, facing McCombe Street. Here the land was also surplus to Aldi’s needs and was set aside during the planning application process. However, Aldi provided car parking within its site at the upper Planning Scheme rate of eight car spaces per 100 square metres for its development. The Aldi store, with a net floor area of 1,282 square metres was provided with 103 car spaces. Conversely, First Choice Liquor with a floor area of 1,200 square metres is proposing 41 car spaces at a rate of 3.41 car spaces per 100 square metres.
Mornington Peninsula Shire Council 11 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 34.01-4: A Permit is Required to Construct a Building or Construct or Carry Out Works (Business 1 Zone) (Cont’d)
The Applicant argues that this rate is justified upon empirical evidence provided by assessments of other free standing bottle shops including a free standing site in Rosebud. This will be further examined later in this report. However, for the purposes of understanding the way the Business 1 Zone operates, it is important to recognise that a bottle shop in the zone is a land use which does not require a planning permit, nor does any other type of shop. Because approval is being granted for the buildings and works, it is important to assess whether the balance of building area with parking area is appropriate given the likelihood of the range of uses which the building will be put to. The best outcome would be to provide parking at a rate which would sufficiently cater for the needs of the majority of land uses. The building is similar in size to the Aldi grocery store/supermarket, and it would not be unrealistic to expect a similar store. Alternatively, Council has identified, in the draft Rosebud Activity Centre Structure Plan:
“ Development associated with restricted retail development between Rose and First Avenue must be of a built form typology comprising a strong and consistent three storey scale to the Point Nepean Road frontage, with car parking to the side or rear. This urban form objective seeks to ensure that the form of development is appropriate and does not present as a large free standing box, but rather a consistent urban form presentation to Point Nepean Road envisaged by the Structure Plan.” (page 18)
The proposed development runs contrary to this objective of the draft Structure Plan, however, given the status of the Structure Plan, it is premature to critique the proposed development solely on this aspect. The setback of the building allows for some landscaping of the car park area and a softer interface with the foreshore environment of Point Nepean Road.
The draft Rosebud Activity Centre Structure Plan (page 13) also identified that bulky goods retail has already occurred in this area. Bulky goods retailing is reliant upon adequate accessible car parking for its viability. Therefore, the proposed building will be limited in its suitability for bulky goods retailing if accessible parking is deficient. The potential exists for customers to rely on other car parks in the area where they are not able to park within the site. The nearest available car park would be at Aldi.
One possible option is to require the Applicant to reduce the floorspace of the building, to provide an improved balance between floorspace and car parking provision. It is commonly accepted that a parking rate of 4.5 car spaces per 100 square metres is capable of accommodating frequent peak times such as Fridays and Saturday mornings. This would equate to the provision of 54 car spaces or an additional 13 car spaces.
Clause 42.01-2: Buildings and Works in ESO25
The application was referred to the Department of Sustainability and Environment (DSE) in accordance with the requirements of ESO25. The DSE offered no objection to the proposal. The significant front setback of the building to the Point Nepean Road frontage, the opportunity to provide landscaping within the front car park area and the single storey form of the building is consistent with the objectives and decision guidelines of the ESO25.
Clause 52.05: Advertising
The proposed pylon sign at the Point Nepean Road frontage will have a maximum height of 6.0 metres which is consistent with the pylon sign approved at the adjoining Aldi store. The remaining proposed signage is considered reasonable.
Mornington Peninsula Shire Council 12 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.06: Car Parking Variation
The car parking variation which is proposed is based upon an empirical assessment of car parking generated by other free standing bottle shops. The assessment provided by Cardno Grogan Richards on behalf of the Applicant, relies upon survey results undertaken on two Fridays and a Saturday at a Dan Murphy’s store in Rowville. The survey results indicate a peak parking demand of 3.3 spaces per 100 square metres of floor area. This compared with a survey of a Dan Murphy’s at Ascot Vale which yielded a peak parking demand of 2.3 spaces per 100 square metres.
The proposed provision of 41 car spaces for 1,200 square metres yields 3.4 car spaces per 100 square metres of floor area.
Clause 52.07: Loading and Unloading of Vehicles
The proposed loading area at the rear of the store is considered appropriate provided ameliorative measures are undertaken to minimise impacts on the adjoining chiropractor’s clinic at 14 McCombe Street. It is recommended that a 2.1 metres high acoustically designed and constructed fence be erected to the satisfaction of the Responsible Authority.
Clause 52.27: Licensed Premises
Specific legislation exists in relation to the provision of liquor. However, this does not limit the scope of planning legislation (except where expressly provided). According to VCAT:
“ … planning decisions will inevitably be made in the knowledge that other controls exist in relation to specific land uses or specific aspects of land use. This does not mean that the planning decision maker, vested with a discretion, cannot enter the territory covered by specific legislation; rather it means that the planning decision maker, after considering all relevant issues, may choose not to enter the territory covered by the specific legislation.” (Victorian National Parks Association Inc v Southern Grampians Shire Council (2004) 16 VPR 98; [2004] VCAT 20 at [49])
The confusing situation with liquor is that the licensing of the sale of liquor is legislated under the Liquor Control Reform Act 1998, and Council’s role under this legislation is limited, with its ability to object to a license being granted confined to amenity and harm minimisation grounds.
The liquor licence application for the proposed premises was forwarded to Council on 29 November, 2010 in accordance with the requirements of the Liquor Control Reform Act 1998 and Council in turn advised that it consents to the granting of a packaged liquor licence at 1307 Point Nepean Road, Rosebud.
At the time a planning permit was not required for a packaged liquor licence at the above property address pursuant to the requirements of Clause 52.27 of the Mornington Peninsula Planning Scheme.
With the gazettal of Amendment VC79 to the Planning Scheme on 8 April, 2011, Council must now consider the planning merits of a licensed packaged liquor premises at this location. As a land use, a bottle shop does not require a planning permit, but a licensed bottle shop does require a planning permit. This confusing arrangement means that Council is now required to consider as planning matters, matters which it previously could not consider under the licensing legislation.
Mornington Peninsula Shire Council 13 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
If an application is made under Clause 52.27, the Decision Guidelines a Responsible Authority must consider, as appropriate, include:
The cumulative impact of any existing and the proposed liquor licence;
The hours of operation; and
Number of patrons on the amenity of the area.
For some cases that have considered ‘cumulative impact’, see Swancom Pty v Yarra City Council (2009) VCAT 923, Bambou Restaurant v Stonnington City Council (2010) 178 LGERA 17; (2010) VCAT 1758, Heavenly Ten Pty Ltd v Stonnington City Council (2009) VCAT 2582, Twinpath Pty Ltd v Port Phillip City Council (2011) VCAT 334.
The Department of Planning and Community Development (DPCD) also produced a Practice Note, ‘Licensed Premises: Assessing cumulative impact (March 2011) (Practice Note 61)’. It is included in Attachment 5 to this report.
The Practice Note states:
“ Cumulative impact refers to both positive and negative impacts that can result from clustering a particular land use or type of land use. Potential cumulative impact from a cluster of licensed premises will vary between locations, depending on the mix and number of venues and whether the area is a destination for activities associated with the supply of alcohol. Cumulative impact is a product of the number and type of venues present, the way they are managed, and the capacity of the local area to accommodate those venues.
Negative cumulative impacts can include increased occurrences of:
Nuisance including noise and anti-social behaviour from intoxicated persons;
Infrastructure capacity problems including limited availability of transport and car parking for patrons and local residents;
Violence and perceived threats to safety; and
Crime including vandalism, trespass and property damage.
Positive cumulative impact can include:
The creation of a local ‘identity’ or status as an entertainment or tourism destination;
Enhanced vitality of an area;
Economic benefits;
Increase in consumer choice; and
Increased ability to manage impacts, for example by concentrating venues around transport to aid dispersal of patrons.”
Mornington Peninsula Shire Council 14 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
The Practice Note states: (Cont’d)
“ The clustering of licensed premises may lead to a negative impact even though any given venue in the cluster may be well run and have minimal impact. An area might reach a ‘saturation point’ where an additional licensed premises or a particular type of licensed premises is likely to impact negatively on the surrounding area. Alternatively, there may be a positive cumulative impact where an additional premises will enhance the character or vibrancy of an area.”
The Applicant was asked to provide an assessment against the clause.
The red line plan depicts the area where the packaged liquor sales are to occur. The proposed opening hours are:
9:00 a.m. to 11:00 p.m. Monday to Saturday;
10:00 a.m. to 11:00 p.m. Sunday;
1:00 p.m. to 11:00 p.m. Anzac Day; and
(No trade Christmas Day/Good Friday).
The Applicant advises that there is not expected to be a negative ‘cumulative impact’ and notes:
“ The proposed premises will not be open after 11:00 p.m.; and
The proposed premises is not considered to be located in a ‘cluster’. To this end, Coles Group Developments Ltd has advised that there is only one licensed premises within a radius of 100 metres of the subject land (being the Aldi store), and there are not 15 or more licensed premises within a 500 metre radius.”
It appears the Applicant has interpreted and applied the guidelines in a literal sense. This may be appropriate in inner Melbourne with its significantly higher residential density, and an urban context which includes many corner pubs. However, in Rosebud and on the Mornington Peninsula, such a literal application of the guidelines is not useful.
A search of the liquor license register shows that within the Business 1 Zone of the Rosebud Town Centre are located nine packaged liquor retail premises. This does not include the Rosebud Hotel which has a Late Night (General) Licence and has the broadest hours of trade for the sale of packaged liquor consumed off the premises.
Mornington Peninsula Shire Council 15 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
Licensee Trading As Licensed Licence Licensed Hours Premises No. Address Gateway The Corner 2 Boneo Road, 32060909 On any day other than Sunday, Cellars Pty Bottleshop Rosebud Good Friday, Anzac Day or Ltd Christmas Day between 9:00 a.m. and 11:00 p.m. Sunday between 10:00 a.m. and 11:00 p.m. Anzac Day between 12 noon and 11 p.m. Woolworths BWS 835-839 Point 32061989 On any day other than Sunday, Ltd Nepean Road, Good Friday, Anzac Day or Rosebud Christmas Day between 9:00 a.m. and 11:00 p.m. Sunday between 10:00 a.m. and 11:00 p.m. Anzac Day between 12 noon and 11:00 p.m. Woolworths Safeway 967-991 Nepean 32006167 Monday to Sunday (excluding Ltd Highway, Good Friday and Christmas Day) Rosebud between 8:00 a.m. and 11:00 p.m. Anzac Day Between 12 noon and 11:00 p.m. Special Conditions On 31 December packaged beer shall not be sold in glass containers where otherwise available in cans or plastic. Woolworths Safeway 1433 Nepean 32001264 Monday to Sunday (excluding Ltd Highway, Good Friday and Christmas Day) Rosebud between 8:00 a.m. and 11:00 p.m. Anzac Day between 12 noon and 11:00 p.m. Special Conditions On 31 December packaged beer shall not be sold in glass containers where otherwise available in cans or plastic. Liquorland Liquorland Port Phillip 32024694 Monday to Sunday between (Australia) Plaza, corner 8:00 a.m. and 11:00 p.m. Pty Ltd Boneo Road and Anzac Day between 12 noon and McCombe 11:00 p.m. Street, Rosebud Special Conditions On 31 December packaged beer shall not be sold in glass containers where otherwise available in cans or plastic.
Mornington Peninsula Shire Council 16 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
Licensee Trading As Licensed Licence Licensed Hours Premises No. Address Aldi Stores Aldi Stores 1331 Point 32057639 On any day other than Sunday, (A Limited Nepean Road Good Friday, Anzac Day or Partnership) and Christmas Day between 9:00 a.m. 18 McCombe and 11 p.m. Street, Rosebud Sunday between 10:00 a.m. and 11:00 p.m. Anzac Day between 12 noon and 11:00 p.m. Fourth Liquor 843-849 Point 32057841 On any day other than Sunday, Quarter Pty Legends Nepean Road, Good Friday, Anzac Day or Ltd Rosebud Christmas Day between 9:00 a.m. and 11:00 p.m. Sunday between 10:00 a.m. and 11:00 p.m. Anzac Day between 12 noon and 11:00 p.m. Ritchies Ritchies Rosebud Central 32050946 On any day other than Sunday, Stores Pty Rosebud Shopping Good Friday, Anzac Day or Ltd Centre, Ninth Christmas Day between 9:00 a.m. Avenue, and 11:00 p.m. Rosebud Sunday between 10:00 a.m. and 11:00 p.m. Anzac Day between 12 noon and 11:00 p.m. Rosebud Pub Rosebud Hotel 1099 Point 31912187 Trading Hours for Consumption Pty Ltd Nepean Road, off the Licensed Premises: Rosebud Anzac Day between 12 noon and 11:00 p.m. Sunday and Good Friday between 9:00 a.m. and 11:00 p.m. On any other day between 7:00 a.m. and 11:00 p.m.
Overall, there are currently 10 retail outlets in the Rosebud Town Centre where packed liquor can be bought for consumption off the premises. The proposed First Choice Liquor store will be the eleventh.
It is worth noting that this does not take into account the McCrae Bottleshop at the corner of Lonsdale Street and Point Nepean Road on the periphery of Rosebud.
It is also important to note that both Coles and Woolworths have more than one packaged liquor store in the area. The two retail giants often seek to maximise their share of the particular retail market, and this may come at a cost to the community. In terms of cumulative impact assessment, a search of the literature has not provided any meaningful way of determining how to strike the balance between the number of packaged liquor retail outlets various retailers have, and harm minimisation.
Mornington Peninsula Shire Council 17 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
One recently published paper came to the conclusion that “regulatory management of packaged liquor outlets and or remote rural communities in Victoria with high levels of dangerous drinking should be a priority.” (See ‘Drug and Alcohol Dependence, Volume 98, Issue 3, 1 December 2008, Pages 241- 248’ Michael Livingston, Anne-Marie Laslett and Paul Dietze)
Assembling objective data to determine the cumulative impacts of the availability and accessibility of packaged liquor in a community can be problematic. Socio economic indicators such as:
Socio-Economic Indexes for Areas (SEIFA);
Alcohol contributed crimes;
Vandalism and anti-social behaviour; and
Turning Point or similar data.
Unfortunately the Applicant has not provided such an analysis to support the need for their proposed packaged liquor retail premises. This is a potential deficiency of the current guidelines. A social impact assessment should be a mandatory requirement for all applications where harm minimisation is a key consideration.
According to Turning Point Alcohol and Drug Centre, alcohol outlet density is a widely used term that does not have a particularly clear definition but can be broadly defined as the number of alcohol outlets in an area (may be rate per population or per area).
This definition is challenging as it hides the significant variations in larger geographical areas. For example, outlets in Prahran may be more closely located because of a higher density of customers per square kilometre, than those in Rosebud where the density of customers is less. A more conventional approach would be to examine the primary and secondary trade area of the outlet, and the number of customers and alternative outlets in that trade area. Retail economic theory would imply that this is a better approach and better suited at understanding why a retailer seeks to establish in the area.
Turning Point refers to international research demonstrating links between outlet density and:
Consumption and drinking patterns;
Drink-driving and traffic accidents;
Assault, homicide and other violent crimes;
Child abuse and neglect;
Sexually transmitted diseases;
Drunkenness and neighbourhood disturbances;
Property damage and vandalism; and
Personal injury.
Mornington Peninsula Shire Council 18 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
These findings have been replicated in a series of studies based on Melbourne data:
Assault, domestic violence, chronic disease, youth drinking; and
Both packaged liquor outlets and general outlets linked to a range of problems.
Alcohol-related Incidents: Victorian Postcode Districts, 2005/2006 to 2009/2010
Sources of this information:
Drink driving and alcohol-related family violence incidents supplied by the Victoria Police;
Alcohol-related accidents requiring hospital treatment provided by the Monash University Accident Research Centre; and
Mortality was derived from unit records of all deaths in Victoria, supplied by the Australian Bureau of Statistics.
The figures provided in the tables below are at rates per 10,000 population.
Table 1 – Family Violence Incidents with Suspected Alcohol Involvement Per 10,000 Population Rosebud 3939 Rosebud West 3940 2005/2006 42.7 24.0 2006/2007 36.2 28.4 2007/2008 47.7 48.0 2008/2009 45.2 37.1 2009/2010 46.0 41.4 Average 44 36 Victorian Average Rate: 26
3939 60 3940
50
40
30
20
10
0 2005/06 2006/07 2007/08 2008/09 2009/10
Figure 6: Chart of Table 1
Mornington Peninsula Shire Council 19 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
Alcohol-related Incidents: Victorian Postcode Districts, 2005/2006 to 2009/2010 (Cont’d)
Table 2 – Drink Driving Infringement Notices Issued Per 10,000 Population Rosebud 3939 Rosebud West 3940 2005/2006 100.3 0.0 2006/2007 87.1 0.0 2007/2008 95.4 17.5 2008/2009 107.7 15.3 2009/2010 110.2 2.2 Average 100 7 Victorian Average Rate: 22
3939 12 0 3940
10 0
80
60
40
20
0 2005/06 2006/07 2007/08 2008/09 2009/10 -20
Figure 7: Chart of Table 2
Mornington Peninsula Shire Council 20 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
Alcohol-related Incidents: Victorian Postcode Districts, 2005/2006 to 2009/2010 (Cont’d)
Table 3 – Alcohol-related Hospital Admissions for Injury Per 10,000 Population Rosebud 3939 Rosebud West 3940 2006/2007 21.4 0.0 2007/2008 18.1 21.8 2008/2009 37.8 15.3 2009/2010 27.9 26.2 Average 26 16 Victorian Average Rate: 14
3939 40 3940
35
30
25
20
15
10
5
0 2006/07 2007/08 2008/09 2009/10
Figure 8: Chart of Table 3
The rate of alcohol-related death in Melbourne’s metropolitan municipalities in 2006 (per 10,000 population) varied between 3.1 (Port Phillip) and 0.3 (Manningham), with average for Victoria being 1.2 and for the Mornington Peninsula being 1.1. These figures relate to causes of death in which alcohol is always at least a contributing cause. They may provide some suggestion of the relative contribution of alcohol to mortality within different communities.
The above statistics for Rosebud shown in the three tables and charts indicate that alcohol is a problem compared to average Victoria. The concerns of the objectors about the ready availability of alcohol and its community impact are supported by scientific literature and research.
However, determining a tipping point or threshold for when there are enough outlets in an area is an inexact science at the moment. Retailers are taking advantage of the lack of information and guidance. Retailers on the other hand have developed sophisticated tools to assess where alcohol consumption and therefore sales is strongest. Certainly one would assume that a higher concentration of retailers would indicate a strong demand for product.
Mornington Peninsula Shire Council 21 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Clause 52.27: Licensed Premises (Cont’d)
In the writer’s opinion, the tipping point for Rosebud in respect of the number of packaged liquor retail outlets has been reached with this application. The role of the two major retailers and their desire to capture the largest share of the market has resulted in them desiring multiple sites and licenses under their different brands. Generally, planning permits run with the land and do not have time limits. Licenses are personal to the licensee and are not freely transferable without the permission of the licensor. They also require renewal each year.
Unless there are exceptional grounds which indicate that only a particular applicant can be trusted to properly develop and use the land in accordance with the law, permits should not be made personal. In this case it is considered that the permit does not need to be made personal to the Applicant or First Choice Liquor, as the liquor licence will tie the licence holder to compliance with the liquor laws, and Council has the ability to apply under Section 65 of the Liquor Control Reform Act 1998 for the cancellation, suspension or variation of the licence.
Clause 22.10 of the Stonnington Planning Scheme is a Local Planning Policy for licensed premises. One of its policies is that “Licensed premises should be located so as to discourage patrons parking in a Residential 1 Zone”.
Obviously, if insufficient car parking is available for patrons of a licensed premise, especially on site, then it is likely that the behaviour of inebriated patrons will cause amenity impacts for residents in the adjoining residential area.
Council must therefore have a high degree of confidence that the amount of parking provided on the site will be satisfactory to cater for the patrons of the licensed premises. A possible condition of approval could require the closure of the McCombe Street vehicle access after 9:00 p.m. This would ensure that all patrons would need to gain vehicular access via Point Nepean Road. This could assist in reducing the amenity impact to residents in McCombe Street. However, it may also result in the adjoining Aldi site being used as an alternative access.
Clause 52.29: Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road
VicRoads does not object to the proposed access arrangements, provided the three conditions it has specified are included in any planning permit which may issue.
Clause 52.34: Bicycle Facilities
The Planning Scheme requires one bicycle parking space per 600 square metres of floor space for employees and one bicycle parking space per 500 square metres of floor space for visitors. Therefore, four bicycle parking spaces are required. It is suggested that bicycle parking could be provided through a combination of wall and ground mounted bicycle rails.
Security Bond for Compliance with Permit Conditions
It is recommended that the permit includes a condition requiring the developer to pay to the Responsible Authority a security bond to ensure that the permit conditions are complied with. This is deemed necessary as there have been recent incidents of uses commencing without the necessary public works being undertaken and Council being forced to seek compliance from the developer.
Mornington Peninsula Shire Council 22 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
CONSIDERATION (CONT’D)
Security Bond for Compliance with Permit Conditions (Cont’d)
Section 175 of the Planning and Environment Act 1987 specifically provides that an Agreement may include a condition that the owner is to deposit with the Responsible Authority:
“ (a) A sum of money fixed by or determined in accordance with the agreement; or
(b) An undertaking to pay that sum together with security in a form determined by or in accordance with the agreement.”
The Agreement may provide that the sum or part of the sum is forfeited if there is any failure by the owner to carry out the Agreement to the satisfaction of the responsible authority.
CONCLUSION
The proposed sale of packaged liquor for consumption off the premises is considered reasonable on the basis that it is limited in the hours of operation and the operator addresses issues which can arise during the peak holiday season. It is expected that licensing conditions will be similar to the other packaged liquor outlets nearby, particularly in relation to New Year’s Eve availability of glass.
The variation to the car parking requirements is appropriate on the basis that the premises is used for a bottle shop and will not be used for any other type of shop without the consent of the Responsible Authority.
Overall the application is primarily supported on the basis that the Applicant/Owner agrees to enter into an Agreement with Council pursuant to Section 173 of the Planning and Environment Act 1987 and pays a non-revocable bond or bank guarantee as a security to complying with the permit conditions. If the Applicant is not prepared to enter into the agreement and provide the bond the application should be refused.
RECOMMENDATION
That Council being the Responsible Authority under the Mornington Peninsula Planning Scheme and the Planning and Environment Act 1987, having considered all matters in respect of Planning Application P10/2577 for the development of the land for a bottle shop and associated buildings and works, variation to car parking requirements, alteration to access to Road Zone 1 and the use of the land for a licensed premises to sell packaged liquor for consumption off the premises, located at 1301 Point Nepean Road and 16 McCombe Street, Rosebud, hereby resolves to issue a Notice of Decision to Grant a Planning Permit subject to the following conditions:
Amended Plans
1. Prior to the commencement of any buildings or works, Plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, and endorsed accordingly, these Plans will form part of this permit. Such Plans are to be drawn to scale with dimensions and three copies are to be provided. The Plans are to be in accordance with the submitted Plans but modified to show:
Mornington Peninsula Shire Council 23 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
RECOMMENDATION (CONT’D)
Amended Plans (Cont’d)
1. (Cont’d)
A. The maximum height of any advertising signs not to exceed 6.0 metres above natural ground level.
B. Details of access and egress to the site in accordance with the requirements of Council’s Traffic Engineer and VicRoads.
C. Trolley collection areas.
D. Seats and rubbish bins for the use of store patrons.
E. A Landscape Plan for the site to show predominantly native indigenous plants to be planted with the species, quantity and size at planting nominated and their location shown on the site.
F. Details of any proposed fencing.
G. An acoustic fence to a height of 2.1 metres designed in accordance with specifications prepared by an acoustics engineer, the fence to run along the length of the common boundary between the subject land and 14 McCombe Street.
Endorsed Plans to be Complied With
2. The layout of the land, the size and type of the proposed buildings and works, including the materials of construction, on the Endorsed Plan must be complied with and not altered or modified without the consent of the Responsible Authority.
Satisfactory Continuation
3. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.
Sewerage
4. All waste water from the approved development must be disposed to the South East Water reticulated sewerage system to the satisfaction of the Responsible Authority.
Stormwater
5. Prior to the commencement of any buildings or works the owner must provide an updated detailed Stormwater Drainage Plan for the development to the satisfaction of the Responsible Authority. The Drainage Plan must be in accordance with the ‘Urban Stormwater – Best Practice Environmental Management Guidelines’ CSIRO Publishing, 1999.
Mornington Peninsula Shire Council 24 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
RECOMMENDATION (CONT’D)
Hours of Trade for the Sale of Packaged Liquor
6. The sale of packaged liquor from the bottle shop shall not occur outside of the following hours:
A. 9:00 a.m. to 11:00 p.m. Monday to Saturday.
B. 10:00 a.m. to 11:00 p.m. Sunday.
C. 1:00 p.m. to 11:00 p.m. Anzac Day.
7. There shall be no trade on Christmas Day and Good Friday.
The Sale of Packaged Liquor
8. On 31 December packaged beer shall not be sold in glass containers where otherwise available in cans or plastic.
Construction Plans
9. Before any works associated with the development starts, detailed Construction Plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The Plans must be drawn to scale with dimensions and three copies must be provided. The Plans must show:
A. All areas of the development being drained by means of an underground drainage system that discharges to the existing drainage system at the front of the property within Point Nepean Road.
B. A drainage system on the site being designed to ensure stormwater runoff exiting the site meets the current best practice performance objectives for stormwater quality, as contained in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999).
C. A drainage surcharge route within the development to avoid inundation of any dwellings.
D. Details, including levels of the common driveway within the site.
E. The design of all vehicle movements entering and exiting the property being in a forward direction.
F. Vehicular crossings being constructed to the road to suit the proposed driveways, with any redundant crossing or vehicle laybacks being removed and replaced with kerb and channel, footpath and reinstated nature strip to the satisfaction of the Responsible Authority.
G. Access to any ground floor tenancy or common property from any adjoining street is to be in accordance with current Australian Standards for accessibility and match the surrounding footpath levels at the property boundaries.
Mornington Peninsula Shire Council 25 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
RECOMMENDATION (CONT’D)
Construction Plans (Cont’d)
10. Before any works associated with the development starts, drainage computations are required for the drainage system, including consideration of any drainage catchment external to the development that may drain to the drainage system.
11. Before the initial occupation of the development, the areas set aside for the parking of vehicles, access lanes and driveways as shown on the endorsed plans must be:
A. Constructed.
B. Properly formed to such levels that they can be used in accordance with the plans.
C. Surfaced with reinforced concrete, asphalt or paving.
D. Drained and maintained.
E. Line marked to indicate each car space and all access lanes.
F. Clearly marked to show the direction of traffic along access lanes and driveways.
to the satisfaction of the Responsible Authority.
Site Maintenance During Construction
12. During construction all materials and builder’s facilities including toilets must be stored onsite and the site must be maintained in a clean condition to the satisfaction of the Responsible Authority.
Pedestrian Access
13. Prior to the commencement of any buildings or works the owner must submit a Pedestrian Path Layout Plan to the satisfaction of the Responsible Authority showing existing and proposed pedestrian pathways throughout the subject site and linking to adjoining paths in Point Nepean Road and McCombe Street. The Pedestrian Path Plan must also include the construction of a pedestrian path along the north side of McCombe Street across the frontage of the site to McCombe Street and linking to the existing path.
Car Parking and Pedestrian Paths
14. Before the sale of packaged liquor commences or the bottle shop building is open to the public, the areas set aside for the parking of vehicles and access lanes and the pedestrian paths as shown on the Endorsed Plans must, to the satisfaction of the Responsible Authority, be:
A. Constructed.
B. Properly formed to such levels that they can be used in accordance with the Plans.
Mornington Peninsula Shire Council 26 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
RECOMMENDATION (CONT’D)
Car Parking and Pedestrian Paths (Cont’d)
14. (Cont’d)
C. Surfaced with an all-weather seal coat or similar approved impervious surface or hard standing surface.
D. Drained and maintained.
E. Line-marked to indicate each car space and all access lanes.
F. Parking spaces allocated for disabled persons use.
G. Parking spaces for visitors allocated and marked.
15. Parking areas and access lanes must be kept available for these purposes at all times.
16. The selection of paving materials to be used on the land must be to the satisfaction of the Responsible Authority.
17. In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.
18. Outdoor lighting for the car parking areas must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on (so that no direct light falls onto) adjoining land.
19. Concrete kerbs or other barriers must be provided to the satisfaction of the Responsible Authority to prevent direct vehicle access to an adjoining road other than by a vehicle crossing.
20. Signs not greater than 0.3 square metres must be provided directing drivers to the area set aside for car parking and such signs, their location and maintenance must be to the satisfaction of the Responsible Authority.
21. The loading and unloading of goods from vehicles must only be carried out on the land.
22. Adequate signs and pavement markings to the satisfaction of the Responsible Authority must be provided to direct and control the flow of traffic within the site.
Construction Management Plan
23. Before the development starts, the owner of the land must submit a Construction Management Plan to the satisfaction of the Responsible Authority. The management plan must provide details of:
A. Hours during which construction activity will take place.
B. Measures to control noise, dust and water runoff.
Mornington Peninsula Shire Council 27 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
RECOMMENDATION (CONT’D)
Construction Management Plan (Cont’d)
23. (Cont’d)
C. The location of where building materials are to be kept during construction.
D. Site security.
E. Any other relevant matters.
24. The Construction Management Plan is to be to the satisfaction of the Responsible Authority and must be implemented for the duration of the development of the land.
25. The owner/developer must comply with the Construction Management Plan at all times to the satisfaction of the Responsible Authority.
Amenity
26. All ground surfaces on the land must be kept dust free by the planting of grass or by other treatment to the satisfaction of the Responsible Authority.
27. The amenity of the area must not be detrimentally affected by the use or development, through the:
A. Transport of materials, goods or commodities to or from the land;
B. Appearance of any buildings, works or materials;
C. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or
D. Presence of vermin.
Expiry of Permit
28. This permit will expire if the development is not commenced and completed within two years of the date of this permit and the sale of packaged liquor has not commenced within two years of the date of this permit unless the Responsible Authority grants an extension to that time upon receipt of a request for such extension prior to or within three months of the expiry date.
Landscaping and Tree Removal
29. Prior to the occupancy of the development hereby approved, the works set out in the Landscape Plan for the entire site must be completed to the satisfaction of the Responsible Authority.
30. The extent of clearing of trees as shown on the endorsed plans must not be altered or modified without the further consent of the Responsible Authority.
Mornington Peninsula Shire Council 28 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
RECOMMENDATION (CONT’D)
Materials
31. The materials and finish of all buildings must be in accordance with the Endorsed Plans or other non-reflective materials or painted in muted shades of colours approved by the Responsible Authority and then maintained to its satisfaction.
Disabled Persons Access
32. Pedestrian ramps and entrance doors must be constructed to accord with the standard of the Australian Standards Association for Disabled access. This access must be provided to the satisfaction of the Responsible Authority prior to any part of the development allowed by this permit being occupied.
33. Any paths leading to these facilities are to be designed and constructed to accommodate those using walking frames and wheelchairs, including motorised wheelchairs (i.e. to be of a suitable width for wheelchairs, with passing areas at appropriate spacings and made of a suitable non-slip surface).
34. Car parking provided at this facility and designated for use by disabled persons must be designed in accordance with Australian Standard AS 2890.1. At least four car spaces must be designated for disabled persons use.
Public Toilets
35. The bottle shop must at all times that it is open to the public provide public toilets facilities for the use of shop patrons to the satisfaction of the Responsible Authority.
Security Alarms
36. All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service to the satisfaction of the Responsible Authority.
Ducted Pipes and Concealed Plant
37. All pipes, fixtures, fittings and vents servicing any building on the site (except down pipes) must be concealed in service ducts or hidden from view or otherwise to the satisfaction of the Responsible Authority.
38. All concealed down pipes are to be constructed of copper or other non-corrosive material.
39. No plant, equipment, services or architectural features other than those shown on the endorsed plan are permitted above the roof level of the building(s) except with the prior written consent of the Responsible Authority.
Mornington Peninsula Shire Council 29 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
RECOMMENDATION (CONT’D)
Collection of Waste and Waste Receptacles
40. Adequate provision must be made for the storage of garbage, bottles and other solid wastes in bins or receptacles within screened areas shown on the Endorsed Plans to the satisfaction of the Responsible Authority. No waste or garbage receptacles are permitted outside the building except on collection days. Provision for the collection of waste must be to the satisfaction of the Responsible Authority.
41. Unless with the permission of the Responsible Authority, collection of waste must not cause any disturbance to nearby residential properties and must only occur between the hours of 6:00 a.m. and 8:00 p.m. Monday to Friday.
Site Deliveries
42. Unless with the permission of the Responsible Authority, deliveries of goods (not including mail or newspaper deliveries) to the site must only be undertaken:
A. Between the hours of 6:00 a.m. and 7:00 p.m., Monday to Saturday; and
B. 9:00 a.m. to 5:00 p.m. on Sunday; and
C. Only from the Point Nepean Road entrance to the site outside of the above hours.
VicRoads
43. Line marking and directional arrows must be provided to direct and control the flow of traffic from Point Nepean Road internal/external to the site, to the satisfaction of the Responsible Authority.
44. Car parking spaces must be designed to allow vehicles to drive forwards when both entering and exiting the property, to the satisfaction of the Responsible Authority.
45. The existing redundant vehicle crossover at Point Nepean Road frontage of the site must be removed and the footpath and kerbing reinstated to the satisfaction of the Responsible Authority.
Miscellaneous
46. The requirements of VicRoads set out in the preceding conditions must be completed to the satisfaction of the Responsible Authority prior to the occupation of the approved development and the commencement of the bottle shop use.
47. To ensure compliance with this permit all buildings car park and roadways must be set out by a licensed surveyor and the survey report must be lodged with the Responsible Authority upon completion of the footings, prior to the external wall construction proceeding above floor level and prior to the roadways being completed.
Mornington Peninsula Shire Council 30 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1.1
RECOMMENDATION (CONT’D)
Miscellaneous (Cont’d)
48. To ensure compliance with this permit a licensed Surveyor’s Report confirming reduced levels as shown on the Approved Plans with particular regard to the finished floor levels must be submitted to the Responsible Authority on completion of the floor.
49. The acoustic fence constructed along the common boundary with 14 McCombe Street must be completed to the satisfaction of the Responsible Authority and at the permit holder’s cost, prior to the commencement of any substantial buildings or works on the subject land.
Section 173 Agreement
50. Prior to the commencement of any buildings or works, the owner shall enter into an Agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. The Agreement shall be prepared and registered on the titles of the subject land at the owners cost and to the satisfaction of the Responsible Authority. The Agreement shall provide for the following matters:
A. To ensure compliance with this permit, the owner shall pay to the Responsible Authority a bond or non-revocable bank guarantee to the value of $20,000 as a security to ensure compliance with the conditions of the planning permit. The bond shall be paid to the satisfaction of the Responsible Authority prior to the commencement of any buildings or works.
B. The bond sum or part of the sum is forfeited if there is any failure by the owner to carry out the Agreement and the conditions of the planning permit to the satisfaction of the Responsible Authority.
C. The land must not be used for any other land use, other than bottle shop, until the Responsible Authority is satisfied that adequate provision is made on the land for the parking of customer and staff vehicles.
D. The owner acknowledges the Risk Assessment undertaken in the Coastal Hazard Vulnerability Assessment prepared by Coastal Engineering Solutions dated 24 January, 2011. The owner develops the land on the basis of the coastal hazard and climate change risks identified in the Risk Assessment.
Consolidation of Land
51. Prior to the commencement of any buildings or works the owner shall consolidate the two lots into one lot and shall remove drainage easements and create alternative drainage easements all to the Responsible Authority.
Part B
That the Committee resolves that Attachment 4 to this report, being submissions which include personal information, be retained as a confidential item pursuant to Section 77(2)(a) and (b) of the Local Government Act 1989 and be placed in a separate minute book for confidential item
Mornington Peninsula Shire Council 31 Development Assessments Committee Meeting – Monday, 18 July, 2011 Development Assessments Committee Meeting – Monday, 18 July, 2011
Application for Planning Permit P10/2577 – First Choice Liquor Store, 1301-1311 Point Nepean Road, Rosebud ITEM NO. 2.1
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