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 MITCHELL SHIRE COUNCIL Page 487 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.) 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 MITCHELL SHIRE COUNCIL Page 488 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.) 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 MITCHELL SHIRE COUNCIL Page 489 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.) 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. MITCHELL SHIRE COUNCIL Page 490 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.) • 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 MITCHELL SHIRE COUNCIL Page 491 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.) 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. MITCHELL SHIRE COUNCIL Page 492 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.) 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.