pc: 370619 v/f: 11237/189, lot: 1 tp: 592083, lot: 1 tp ... · peninsula planning consultants pty...

PP415/2008-4

130-138 Bromfield Street COLAC, 73 Queen

Street COLAC

PC: 370619 V/F: 11237/189, Lot: 1 TP: 592083, Lot: 1 TP: 675384, Lot: 1 TP: 347333, Lot: 2 TP: 347333, Lot: 2

LP: 13603 V/F: 6804/761

Extension and Alterations to Bunnings

PENINSULA PLANNING CONSULTANTS PTY LTD

Officer - Ian Williams

EXHIBITION FILE

This document is made available for the sole purpose of enabling its consideration and review as part of a

planning process under the Planning and Environment Act 1987. The document must not be used for any

purpose which may breach any Copyright.

Submissions to this planning application will be accepted until a decision is made on the application.

If you would like to make a submission relating to a planning permit application, you must do so in writing

to the Planning Department

Peninsula Planning Consultants Pty Ltd ACN 090 897 037 ABN 53 090 897 037

Phone/fax: (03) 5976 2867 Mobile: 0419 595 721

9 March 2018 Email: [email protected] P0 Box 1159, Mornington, Victoria 3931

Mr Doug McNeill Manager Planning, Building and Health LAO OT1iVAY PO Box 283 SHIRE Colac 3250

(By Express Post) 15 MAR zui

R . t I ED DESTROY

Dear Mr McNeill, [ ... ....................................

Re: Nos. 130-138 Bromfield Street, Colac Proposed Alterations and Additions to Existing Bunnings Store Request to Amend the Endorsed Plans of Planning Permit No. PP415/2008 Pursuant to Section 72 of the Planning and Environment Act 1987

We continue to act for Bunnings Group Limited ("Bunnings") with regard to this Application to Amend the Endorsed Plans of Planning Permit No. PP41512008 under condition 2 pursuant to Section 72 of the Planning and Environment Act 1987.

Planning Background

Planning Permit No. PP41512008 ("The Permit") was issued on 14 April 2010 was issued subject to 31 conditions. The permit allowed:

"Use and development of land for trade supplies and a reduction in otherwise car parking and outdoor advertising signage in accordance with the endorsed plans."

Condition 2 requires:

"The use and development as shown on the endorsed plans must not be altered or modified without the written consent of the Responsible Authority."

We apply for approval under Condition 2 of the permit to amend the endorsed plans.

The permit has been acted upon, and the Bunnings Store well established serving the Colac community.

On 24 July 2015 Council approved a request to amend the endorsed plans of the permit. The amendments included:

Modification to the signage

Additional directional signage

Alterations to the main entry

D18/24138THIS COPIED DOCUMENT IS MADE AVAILABLE FOR THE SOLE PURPOSE OF ENABLING ITS CONSIDERATION AND REVIEW AS PART OF A PLANNING PROCESS UNDER THE PLANNING AND ENVIRONMENT ACT 1987. THE DOCUMENT MUST NOT BE USED FOR ANY PURPOSE WHICH MAY BREACH COPYRIGHT.

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• Alterations to the car parking layout

Council also confirmed in the letter dated 24 July 2015 " t h a t the use of the land for Trade Supplies (contained under the broader umbrella definition "Retail Premises") and Restricted Retail Premises (contained under the broader umbrella definition "Shop") are Section 1 Permit not required uses within the Commercial 1 Zone (CIZ). The proposed use of the land by "Bunnings Group Ltd" is considered to meet this provision."

On 29 June 2016 Council approved a further request to amend the endorsed plans and conditions of the permit. The amendments included:

Loading area and concertina gates relocated.

Car parking reconfiguration and reduction of one (1) car parking space.

. Gate added to eastern side of the outdoor nursery.

. Deletion of Conditions 15, 16 and 17.

Now that the Bunnings Store has been operating for almost three (3) years, some important operational refinements and opportunities have been identified to improve the manner in which the store operates and to provide the Colac community with an improved range of products.

2.0 Proposal

It is proposed to carry out the following amendments to the endorsed plans:

2.1 Reverse the direction of truck access to the loading and unloading area on land that has frontage to Queen Street. Trucks currently access the site from Bromfield Street and exit via Queen Street. Trucks will now access the site from Queen Street and exit via Bromfield Street. Existing double swing gates separate customer vehicles from truck access and exclude the general public from this part of the site, and this will continue to be the case. However, the operational requirements of the store have identified that it is a more practical and safer operation to separate the arrival of trucks to the site from customers arriving and to provide truck queuing to occur on site when required on the infrequent occasion that it occurs. Due to infrequent truck access and movements, departure of trucks can be managed if and when a customer vehicle is arriving. With existing access to Bromfield Street 8.5 metres wide there is no conflict between departing trucks and arriving customer vehicles.

2.2 Remove the Goods Inwards area from the southwest corner of the Timber Trade Sales ("TTS") and relocate the Goods Inwards adjacent to the Outdoor Nursery, eastern boundary of the site and south of the Queen Street part of the land. Relocate the Roller Shutter Door from the southern side of the Outdoor Nursery to the southern boundary of the Queen Street land. Enclose the relocated Goods Inwards area.


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2.3 Provide a canopy over the western part of the Queen Street land to provide weather protection to unloading operations.

The Goods Inwards canopy will measure 19.03 metres long by 16.39 metre wide and extend through to the Outdoor Nursery and 11 metres into the Queen Street land.

The Goods Inwards canopy will be constructed of green colourbond steel with a fascia depth of 1.2 metres and under canopy clearance of 5.05 metres. The canopy will be constructed to the north and south boundaries of the Queen Street land.

2.4 Reduce the internal floor area of the TTS from 1,643.53 square metres to 1,609.22 square metres, or a reduction of 34.31 square metres. The alterations will exclude truck access to the TTS from Rae Street. When the store is closed removable bollards will be installed across the front of each roller door to the Rae Street frontage to prevent unauthorised access.

2.5 Increase the internal floor area of the Main Retail area from 1,804.11 square metres to 2,198.11 square metres, or an increase of 394 square metres.

2.6 Remove the external displays on the east side of the Outdoor Nursery and increase the floor area of the Outdoor Nursery from 257.81 square metres to 419.89 square metres, or an increase of 162.08 square metres. The provision of a 3 metre wide sliding gate to the east side of the Outdoor Nursery that is used only for deliveries to the Nursery and not for customer access. Customers will access the Outdoor Nursery internally from the main retail area.

2.7 Extend the shade sails over the Outdoor Nursery accordingly. Overall, there will be a 217.76 square metre increase in floor space.

2.8 Provide goods inwards racking along part of the southern boundary of the Queen Street land. The racking will not exceed 2.4 metres in overall height.

2.9 Provide three (3) parallel car parking spaces along the southern boundary of the Queen Street land.

2.10 Provide an additional Team Member's car parking space adjacent to the northern boundary of the Queen Street land.

2.11 The number of onsite car parking spaces increased from 31 to 35 or an increase of 4 spaces.

2.12 Directional signage will be modified with:

Ac


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- Free-standing double sided entry sign located adjacent to the west side of the Bromfield Street customer entry displaying the text 'Welcome", "Entry" in white letters on a green background with the Bunnings corporate hammer. The sign will measure 2.577 metres high by 1.2 metres wide.

- Adjacent to pedestrian access midway along the Bromfield Street frontage a free- standing double sided sign measuring 1.8 metres high by 1.1 metres wide identifying that "We will deliver".

- Provision of a "No Entry" sign on the northern side of the Outdoor Nursery facing oncoming traffic entering the site.

- On the Queen Street frontage a sign measuring 1.29 metres by 1.2 metres identifying "Deliveries Only'.

3.0 Conclusion

The request to amend the endorsed plans of the Permit under Condition 2 is to make more efficient and effective use of the site.

Customers will be excluded from the loading area and south of the customer car park to separate customers from loading/unloading activities.

We note with particularity that Clause 34.01-7 of the Colac-Otway Planning Scheme sets out the Exemptions from Notice and Review. The proposed buildings and works are well in excess of 30 metres of land in a residential zone. For this reason the application is exempt from the Notice and Review requirements of the Act.

We enclose

Three (3) copies of the amendea pians,

• Completed Application to Amend a Planning Permit pursuant to Section 72 of the Planning and Environment Act 1987;

• Recent copy of title; and

Payment of the application fee of $1,486.00.

We look forward to receiving our endorsed copy of the amended plans.

Should Council have any queries with regard to this application to amend the endorsed plans under Condition 2 of Planning Permit No. PP415/2008 pursuant to Section 72 of the Planning and Environment Act 1987, please do not hesitate to contact me on (03) 5976 2867 or 0419 595 721.

)ou*s-fithfully,

Richard G Umbers Peninsula Planning Consultants Pty. Ltd.


Office Use Only Application No Date Lodged I /

C%v Application to Colac Otway AMEND a Planning Permit SHIRE

If you need help to complete this form, read MORE INFORMATION at the end of this form

Planning Enquiries Any material submitted with this application, including plans and personal information, will be made Phone: (03) 5232 9400 available for public viewing, including electronically, and copies may be made for interested parties for Web: www.colacotway.vic.gov.au the purpose of enabling consideration and review as part of a planning process under the Planning

and Environment Act 1987. If you have any questions. please contact Council's planning department.

This form cannot be used to: • amend a permit or part of a permit if the Victorian Civil and Administrative Tribunal (VCAT) has directed

under section 85 of the Act that the responsible authority must not amend that permit or that part of the permit (as the case requires): or

• amend a permit issued by the Minister under Division 6 of Part 4 of the Act (these applications must be made to the Minister under section 971 of the Act).

A Clear Form

Quest ions marked with an asterisk ( ) must be completed. J N Click for further information

The Land U Address of the land. Complete the Street Address and one o f the Formal Land Descriptions.

Street Address ___________________________________________ Unit No.: St. No.: 130 - 138 St. Name: Bromfield Street

Suburb/Locality' C o l a c Postcode: 3250

Formal Land Description Complete either A o r B. A Lot No. P C Lodged Plan C Title Plan Q Plan of Subdivision [

No .370619

This information can be OR found on the certificate of title. B Crown Allotment No.: Section No,:

If this application relates to more than one address, attach a separate sheet [

Parish/Township Name' setting out any additional property details

Planning Permit Details U W h a t permit is being amended? j

Planning Permit No.. PP415/2088 I The Amended Proposal U

AL You must give full details of the amendment being applied for. Insufficient or unclear information will delay your application.

W h a t is the amendment This application seeks to amend: b e i n g app l i ed f o r ? *

What the permit allows Plans endorsed under the permit • Indicate the type of changes

proposed to the permit. Current conditions of the permit [ " ]

Other documents endorsed under the permit

• List details of the proposed changes I Details

If the space provided is insufficient. attach a separate sheet To amend the endorsed plans as detailed in the submitted plans and

letter dated 9 March 2018

Provide plans clearly identifying all proposed changes to the endorsed plans, together with any information required by the planning scheme, requested by Council or outlined in a Council checklist and if required, include a description of the likely effect of the proposal

Application to AMEND a Planning Permit Page 1


Development Cost U Estimate cost of development Cost of proposed amended Cost of the permitted

If t h e p e r m i t a l l o w s development , development: development: Cost difference (+ or e s t i m a t e t h e c o s t d i f f e r e n c e b e t w e e n I

t h e d e v e l o p m e n t a l l o w e d b y t h e $ - $ [~19poo.00 (~) p e r m i t a n d t h e d e v e l o p m e n t t o be

a l lowed b y t h e a m e n d e d permit . Insert 'NA i f n o development is proposed by the permit

A Y o u m a y be required to verify this estimate.

Existing Conditions U Describe how the land is used Have the c o n d i t i o n s o f the land changed since the time of the original permit application? IJYes No and developed now If yes, please provide details of the existing conditions. F o r e x a m p l e , v a c a n t , t h r e e dwellings.

m e d i c a l c e n t r e w i t h t w o p r a c t i t i o n e r s . Bunnings store

1 l i c e n s e d r e s t a u r a n t w i t h 8 0 seats.

grazing.

Provide a plan of the existing conditions if the conditions have changed since the time of the original permit application. Photos are also helpful.

Title Information I I Does the proposal breach, in any way, an encumbrance on t i t l e s u c h a s a r e s t r i c t r i v e covenant,

s e c t i o n 1 7 3 a g r e e m e n t o r o t h e r o b l i g a t i o n such as a n e a s e m e n t o r b u i l d i n g envelope?

E n c u m b r a n c e s o n title

( Y e s (If ,

y e s c o n t a c t c o u n c i l f o r a d v i c e o n h o w t o p r o c e e d b e f o r e c o n t i n u i n g w i t h this

application.)

ONo Not a p p l i c a b l e ( n o s u c h e n c u m b r a n c e applies).

P r o v i d e a full c u r r e ' t c o p y of t h e t i t le f o e a c h i rd iv idua l pa rce l o f l a n d f o r m i n g t h e s u b j e c t site T h e t i t le i n c l u d e s t h e c o v e r i n g r e g i s t e r s e a r c h s t a t e m e n t ' t h e t i t le d i a g r a m a n d the associated title documents, known as 'instruments', for example, restrictive covenants.



Applicant and Owner Details U Provide details of the applicant and the owner of the land

Applicant Name: The person who wants the permit. Title: First Name: Surname:

Organisation (if applicable): Bunnings Group Limited CI- Peninsula Planning Consultants Pty Ltd

Postal Address: If it is a P.O. Box, enter the details here: Unit No. 1st. No. St. Name P0 Box 1159

Suburb/Locality. Mornington FState:

Vic Postcode: 3931

Please provide at least one contact Contact Information for applicant OR contact person below phone number ____________________________________________

Business phone 03 5976 2867 I Email. umbersfam©ozemail.com.au

Mobile phone: 0419 595 721 LFax: Not Avai lable I Where the preferred contact person Contact person's details' Same as applicant for the application is different from Name: the applicant, provide the details of

Title: Mr First Name: Richard Surname. Umbers that person.

Organisation (if applicable): Peninsula Planning Consultants Pty Ltd

Postal Address: If it is a P.O. Box, enter the details here:

Unit No.: H_St. No.: St. Name: P 0 Box 1159

Suburb/Locality: Mornington State: V ic =Postcode

Owner Same as applicant

-

Name: The person or organisation I I who owns the land j Title: I I First Name: Surname:

Where the owner is different organisation (if applicable) PAF Venture 1 Pty Ltd from the applicant, provide the details o f that person or Postal Address: it it is a P.O. Box, enter the details here: organisation. Unit No. I I St. No.: 9 I St. Name: Maple Grove I

Suburb/Locality Toorak State: Vic I I_Postcode: 3142I

Owner's Signature (Optional): I

Date I day / month I year

Declaration U This form must be signed by the applicant*

A Remember it is against the law I declare that I am the applicant, that all the information in this application is true and correct; that to provide false or misleading information, which could result in all changes to the permit and plan have been listed as part of the amended proposal and that the

a heavy fine and cancellation owner (if not myself) has been notified of the permit application. of the permit I Signature ' u U ; ; 1/V

I Date 09/03/2018

day! month/ year

Need help with the Application? U If you need help to complete this form, read More Information at the end of this form or contact Councils planning department. General information about the planning process is available at olannino.vic.opv,au

Contact Council's planning department to discuss the specific requirements for this application and obtain a checklist. Insufficient or unclear information may delay your application

Has there been a pre-application meeting with a council planning # No 0 Yes I If 'Yes', with whom?: officer? . .

IDate: day/month/year



I Checklist D

Filled in the form completely?

Most applications require a fee to be paid Contact Council Have you: i i i Paid or included the application fee? to determine the appropriate fee

Attached all necessary supporting information and documents?

Completed the relevant council planning permit checklist?

Signed the declaration above?

Lodgement U Colac Otway Shire

Lodge the completed and P 0 Box 2 8 3 C o l a c

VIC 3250 signed form and all documents

2 Rae Street with: Colac VIC 3250

Contact information Phone: (03) 5232 9400 Email: ingtcolacotway.vicgov.au

Deliver application in person, by post or by electronic lodgement.



ORIA

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 S a e 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. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT ( T i t l e S e a r c h ) T r a n s f e r o f Pagelofi L a n d A c t 1958

VOLUME 1 1 2 3 7 F O L I O 1 8 9 S e c u r i t y n o : 124070778039B P r o d u c e d 1 2 / 0 3 / 2 0 1 8 0 7 : 0 4 pm

LAND DESCRIPTION

L a n d i n P l a n o f C o n s o l i d a t i o n 370619Y. P A R E N T TITLES V o l u m e 0 1 8 2 9 F o l i o 7 7 1 V o l u m e 0 6 4 9 0 F o l i o 8 9 6 V o l u m e 0 6 8 0 4 F o l i o 761 V o l u m e 0 8 5 9 8 F o l i o 3 3 4 V o l u m e 0 9 0 3 4 F o l i o 753 C r e a t e d b y i n s t r u m e n t P C 3 7 0 6 1 9 Y 09/11/2010

REGISTERED PROPRIETOR

E s t a t e F e e Simple S o l e Proprietor

P A F V E N T U R E 1 P T Y L T D o f 9 M A P L E G R O V E T O O R A K V I C 3142 A Q 2 0 4 5 5 2 M 04/09/2017

ENCUMBRANCES, CAVEATS AND NOTICES

MORTGAGE A Q 2 3 4 2 1 4 P 11/09/2017 COMMONWEALTH B A N K O F AUSTRALIA

A n y e n c u m b r a n c e s c r e a t e d b y S e c t i o n 9 8 T r a n s f e r o f L a n d A c t 1 9 5 8 o r Section 2 4 S u b d i v i s i o n A c t 1 9 8 8 a n d a n y o t h e r e n c u m b r a n c e s s h o w n o r e n t e r e d o n the p l a n s e t o u t u n d e r D I A G R A M L O C A T I O N below.

DIAGRAM LOCATION

S E E P C 3 7 0 6 1 9 Y F O R F U R T H E R D E T A I L S AND SCUNDARIES

A C T I V I T Y I N THE LAST 1 2 5 DAYS

NIL

- - - - - - - - - - - - - - - E N D O F R E G I S T E R S E A R C H S T A T E M E N T ------------------------

A d d i t i o n a l i n f o r m a t i o n : ( n o t p a r t o f t h e R e g i s t e r S e a r c h Statement)

S t r e e t A d d r e s s : 1 3 0 - 1 3 8 B R O M F I E L D S T R E E T C O L A C V I C 3250

A D M I N I S T R A T I V E NOTICES

NIL

e C T C o n t r o l 2 0 3 8 1 U C B A B U S I N E S S BANK E f f e c t i v e f r o m 11/09/2017

DOCUMENT END

Title 11237/189 Page 1 of 1


Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Land Victoria.

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Document Identification AQ204552M

Number of Pages 2

(excluding this cover sheet)

Document Assembled 12/03/2018 19:06

Copyright and disclaimer notice: © 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 and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LAN DATAA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.


Delivered by LANDATAcdI Land Use Victoria tirnest.arnp 12123/20181905 Page I of 2 © State of Victona. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LAN DATA® S stem. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information

r j '

Toansfer o f L a n d The information in this form I ft used for the purpose of mair IVI

Section 45 Transfer of Land Act 1958 04/Q9!217 $3635 45

1. Land/s The transferor transfers. and interest specified in the land described for the

Land Title consideration expressed and subject to the encumbrances affecting the land including any Volume 11237 Folio 189 created by dealings lodged for registration before the lodging of this transfer.

2. Estate and Interest Transferor

FEE SIMPLE Executed on behalf of CMM PTY LTD

3. Transferor/s Signer Name c f t ~ S i g n e r

Organisation CMM PTY LTD Transferor Signer Role DIRECTOR Name CMM PTY LTD Signature

ACN 058502122

4. Transferee/s Execution Date Transferee

Name PAF VENTURE 1 PTY LTD Executed on behalf of CMM PTY LTD ACN 6 1 9 5 4 3 1 6 3 Signer Name p\

Australian Signer Organisation CMM PTY LTD Credit Licence Signer Role DIREA'OR/SECRETARY

_•__ 5. Manner of Holding Signature

SOLE PROPRIETOR

6. Address/es of Transferee/s Execution Date

Address of Transferee Transferee

Unit Street No g Executed on behalf of PAF VENTURE 1 PTY LTD

Street Name MAPLE Signer Name PETER AMI FUCHS

Street Type GROVE Signer Organisation PAF VENTURE 1 PTY LTD

Locality TOORAK Signer Role DIRECTOR Signature

State VIC Postcode 3142

7. Consideration Execution Date

$ 7800,000

8. Signing

Approval Number: 35271702A THE BACK OF THIS FORM MUST NOT BE USED Page 1 of 2 LV-V33-May-201 7

Land Use Victoria contact details: www.deIw.vicoovau/property> Contact us L4 04


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.Thansfer of Land Prh,r" The information in this foil'

S e c t i o n 4 5 T r a n s f e r o f L a n d A c t 1 9 5 8 used for the p u r s e of rrl~ id AQ204552M

0410912017 $3605 45

9. Lodging Party

C u s t o m e r Code (ciif.'" 1,

Reference

Duty Use Only

A p p r o v a l N u m b e r : 35271702A THE BACK OF THIS FORM MUST NOT BE USED Page 2 of 2 LV-V33-May-20 17

L a n d U s e V i c t o r i a c o n t a c t de ta i l s : w d e l w o i c g p v . a u / p r p o e r t y > C o n t a c t us


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Document Type plan

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Document Assembled 12/03/2018 19:06

Copyright and disclaimer notice: © 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 and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.


Delivered by LAN DATA®. Land Use Victoria timestamp 12/03/2018 19:05 Page 1 of 1

LTO use only PC370619Y

PLAN OF CONSOLIDATION EDITION I 0511112010 $596 40 PC

LTD use only LOCATION OF LAND council CertIficatIon ww Erdonsoment

Statement of Compliance/ C n c i i N a m e C o C Oway Shire Council Ref, EionSta$ernenl

Recved Perish: COLAC 1 Theplan a cenl6ed under section 60$ the SubdMsion Act 1988.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date 5 / 11 I 10

. 1is$anhseerThdundoraeeI1on 11(7)0$the Townehipi COLAC

PLAN REGISTERED

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-5 This p efatrnent of e •,I...nei $s.ed under ePeben 2184 the TIME 9:44

_ _ _ : D.C.H.B. (Rural) 6 s i o n M t 1988 LTOBeRecord 10e R e n c e / s See below Council De DATE 9 i l l /2010

S. Bobko Last Plan Rsferencs 1. P 347333 X Dwee f i G /10 Asaiatent Registrar of Titles POSWAddirew 130-138 Bromfield Street at hme 01 consolIdation) COLAC 3250 dunderseetlei 111710$ s bdhi.iOn A t 1906 Naurtiom

A l l Co-ordinates E 726 365 _

Depth UmNetlon: _____ (of approx. centre of land N 5 752 955 il 8 o _ _ _ Does not apply,

in plan) Zone:54 laffm Bearing Dot urn accords with Appin, 53899S C(T.Vol.8598 FoL-334,

Legend A - Appurtenant Easement E - Encumbering Easement R - Encumbering Easement (RondJ

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I T h i s plan isriot based on survey.

This survey has been connected to

I p e r m a n e n t mørke I I in Proclaimed Survey Area No

See above C IT. Vol. 1829 F01:-771 CIT. Vol. 6490F0L-896 CiT.VoL8598 l334 CIT. Vol .9034 Fol753 CIT.Vol.6804 Fot-761 60-66M C:

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ROD BRIGHT & ASSOCIATES PTY. LTD. LICENSED SURVEYORS

26 MURRAY STREET COLAC 3250 TEL, 52 316883 A.C.N. 007 206 975

Sheet 1 o f I sheets SCALE ORIGINAL

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SIZE I 1.1000A3

SiGNATURE DATE 2 6 - 7 - 2 0 1 0 DATE /10/10 LENGTHS ARE IN METRES

COUNCIL DELEGATE SIGNATURE REF 08-43 VERSION - OrtØrtlaI sheet size A3

110 120 130 140 150 160 170 180 190 1100 itlO 1120 1130 j _ j 1 5 0 n m PCO2


ORIA

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. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information

H I S T O R I C A L SEARCH STATEMENT L a n d U s e V i c t o r i a Page lof2

P r o d u c e d 1 2 / 0 3 / 2 0 1 8 0 7 : 0 6 PM

V o l u m e 1 1 2 3 7 F o l i o 189 F o l i o C r e a t i o n : C r e a t e d a s a c o m p u t e r folio P a r e n t titles

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RECORD OF H I S T O R I C A L DEALINGS

D a t e L o d g e d f o r D a t e R e c o r d e d D e a l i n g I m a g e d D e a l i n g T y p e and R e g i s t r a t i o n o n R e g i s t e r Details

RECORD OF VOTS DEALINGS

D a t e L o d g e d f o r D a t e R e c o r d e d D e a l i n g Imaged R e g i s t r a t i o n o n Register

2 5 / 1 0 / 2 0 1 3 2 5 / 1 0 / 2 0 1 3 A K 6 7 7 1 2 9 J N

R E C T I F I C A T I O N - P R O P R I E T O R NAME/ADDRESS

R E S U L T I N G PROPRIETORSHIP: E s t a t e F e e Simple S o l e Proprietor

CMM P T Y L T D o f 1 9 5 T R I G G S ROAD C O L A C E A S T V I C 3250 P C 3 7 0 6 1 9 Y 09/11/2010

2 5 / 0 7 / 2 0 1 7 2 5 / 0 7 / 2 0 1 7 A Q 0 7 6 9 9 4 L Y

CAVEAT C A V E A T A Q 0 7 6 9 9 4 L 25/07/2017 Caveator P A F V E N T U R E 1 P T Y LTD G r o u n d s o f Claim P U R C H A S E R S ' C O N T R A C T W I T H T H E F O L L O W I N G P A R T I E S AND DATE. Parties T H E R E G I S T E R E D PROPRIETOR(S) Date 18/07/2017 E s t a t e o r Interest F R E E H O L D ESTATE Prohibition ABSOLUTELY L o d g e d by CORNWALL STODART N o t i c e s to CORNWALL S T O D A R T o f L E V E L 1 0 1 1 4 W I L L I A M S T R E E T M E L B O U R N E V I C 3000

0 4 / 0 9 / 2 0 1 7 0 4 / 0 9 / 2 0 1 7 A Q 2 0 4 5 5 2 M V

T R A N S F E R O F LAND B Y E N D O R S E M E N T AND REMOVAL O F C A V E A T AQ076994L FROM: CMM P T Y LTD TO: P A F V E N T U R E 1 P T Y LTD

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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. The State o f Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

H I S T O R I C A L SEARCH STATEMENT L a n d U s e V i c t o r i a Page 2of2

R E S U L T I N G PROPRIETORSHIP: E s t a t e F e e Simple S o l e Proprietor

P A F V E N T U R E 1 P T Y L T D o f 9 M A P L E GROVE T O O R A K V I C 3142 A Q 2 0 4 5 5 2 M 04/09/2017

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C O N V E R T P C T AND N O M I N A T E E C T T O LODGEMENT CASE L C I d : 2165859 R e m o v e d b y D e a l i n g AQ234214P

1 1 / 0 9 / 2 0 1 7 1 1 / 0 9 / 2 0 1 7 A Q 2 3 4 2 1 4 ? ( E N

MORTGAGE O F LAND MORTGAGE A Q 2 3 4 2 1 4 P 11/09/2017 COMMONWEALTH BANK O F AUSTRALIA

S T A T E M E N T END

VOTS Snapshot

VOLUME 1 1 2 3 7 F O L I O 189 1 2 4 0 3 5 8 1 7 8 32B P r o d u c e d 0 9 / 1 1 / 2 0 1 0 0 9 : 4 4 am

LAND DESCRIPTION

L a n d i n P l a n o f C o n s o l i d a t i o n 370619Y. P A R E N T TITLES V o l u m e 0 1 8 2 9 F o l i o 7 7 1 V o l u m e 0 6 4 9 0 F o l i o 8 9 6 V o l u m e 0 6 8 0 4 F o l i o 761 V o l u m e 0 8 5 9 8 F o l i o 3 3 4 V o l u m e 0 9 0 3 4 F o l i o 753 C r e a t e d b y i n s t r u m e n t P C 3 7 0 6 1 9 Y 09/11/2010

REGISTERED PROPRIETOR

E s t a t e F e e Simple S o l e Proprietor

CMM P T Y . L T D . o f 1 9 5 T R I G G S ROAD C O L A C E A S T V I C 3250 P C 3 7 0 6 1 9 Y 09/11/2010

ENCUMBRANCES, CAVEATS AND NOTICES

A n y e n c u m b r a n c e s c r e a t e d b y S e c t i o n 9 8 T r a n s f e r o t L a n d A c t 1 9 5 8 o r Section 2 4 S u b d i v i s i o n A c t 1 9 8 8 a n d a n y o t h e r e n c u m b r a n c e s s h o w n o r e n t e r e d o n the p l a n s e t o u t u n d e r D I A G R A M L O C A T I O N below.

DIAGRAM LOCATION

S E E P C 3 7 0 6 1 9 Y F O R F U R T H E R D E T A I L S AND BOUNDARIES

Ti le 1


Copyright State o f 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 REGIJ TM System. The State o f Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

F I N A L SEARCH STATEMENT L a n d U s e V i c t o r i a Page l o t 1

S e c u r i t y N o : 1 2 4 0 7 0 7 7 8 0 4 4 W V o l u m e 1 1 2 3 7 F o l i o 189 P r o d u c e d 1 2 / 0 3 / 2 0 1 8 0 7 : 0 6 PM

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lsearch 11237/189 Page 1 of 1


ALL I ) MENSAYNS AFIF IC) ELF CONFIRMED ON SITE

R A E S T R E E T X'R O R TO MANTA ACTURL A N D CONSTRICTION

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27,101:15 a EXISTING C A R P A R K DEMOL 1511KG TO CS PROVIDE P R O P O S E D ENTRY FONT

XE 1 0 1 5 A BUILD ' N G M A T E R I A L S A N O LANDSCAPE lW YARD ADDED TO STAGE 2 R A C K A N D STOCK HEIGHTS ADDED ID DRAWING

V 1 S R i IN T ,A [ STAGE 2 TOWN PLANNING JW DOCUMENTATION FOR COUNCIL APPROVAL

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B R O M F I E L D STREET P R O P O S E D S I T E P L A N P R O P O S E D L O C A L I T Y P L A N

PROJECT NAME

S C A L E 1:300 @ A l S C A L E 1 1 0 0 0 © A l C O L A C SFS C

P R O I L C I ADDRLSS 1 2 0 0 A r e a A n a l y s i s 1 3 0 - 1 3 8 B R O M F I E L D STREET

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; 8250 000 - - - - T O W N PLANNING

N u r s e r y A r e a 3 4 0 , 3 1 5 0 2 , 3 9 1 6 2 . 0 8 DRAWING TITLE

Timber Trade Sales 1 64353 1,60922 (343,) TTotal

Retail Area imber Trade Yard 1,643.53

I 4 , 4 2 3 . 8 8 EAT E 2 0 1 0 2 1 2 8 10,24 AM T o t a l A r e a 4 , 2 0 6 , 1 2 4 , 4 2 3 , 8 8 217.76

Standard Carparks 29 33 4 CHECKED BY 4

T r a i l e r B a y s 0 01 0 z A T o t a l S i t e C a r p a r k s 3 1 3 5 4 DRAWN 0 8 0

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PROPOSED SOUTH ELEVATION (REAR) P R O P O S E D EXPANSION W O R K S ON

S C A L E 1 : 2 0 0 © A l 2 / 3 3 1 6 B ADDED EAST ELEVATION TILE EW

05 03 113 A REMOVED TREE RACKING TO N U T KM EXISTING C O N D T O N S OF A STORAGE l A N D S C A P E A R E A EXISTING FENCE F L I G H T 2 HIGH

06 OFT, N I T A L P R O P O S E D BUILDING OW MATERIALS A N D LANDSCAPE YARD

5 5 / i 1 F S V A i E W TA/PINS Ll'-11S/LA:SF/YFIISL-YIO L L L V A I I O N S FOR COIJNCILAPPROVAL

DATE R E V AMENDMENT Ti/AN

:: I UNNINGSPS --.:-:I 56 1.111--- TAI • - PROJECT NAME SERIES S SE

- COLAC SFS

AIFOJECT ALIDTLSS 1 3 0 - 1 3 8 B R O M F I E L D STREET

PROPOSED WEST ELEVATION (SIDE) C O L A C V I C 3250

SCALE 1 200 @ A l STORE N U M B E R S I O I F L TYPE

6429 SFS

DRAW-NO STAGE

TOWN PLANNING DRAWING TITLE

E L E V A T I O N F I N I S H E S S C H E D U L E PROPOSED ELEVATION MID

- - P101 DATE 2010212018 1I51 PM -

PS - . CHECKED BY

PG

D V D R A W S D B 0

0/3 - - - - ----

- XOAI F A S S H O W N ES2_01 C O W 1//OF 76/0212018


3 August 2018 Mr Ian Williams Senior Statutory Planner Colac Otway Shire PO Box 283 Colac 3250 By Email: [email protected] and [email protected] Dear Mr Williams, Re: Nos. 130-138 Bromfield Street, Colac Proposed Alterations and Additions to Existing Bunnings Store Request to Amend Endorsed Plans of Planning Permit No. PP415/2008 Pursuant to Section 72 of the Planning and Environment Act 1987 Response to Council’s Request for Further Information We continue to act as Agent for Bunnings Group Limited (“Bunnings”) with regard to this application to amend the endorsed plans of Planning Permit No. PP415/2008 (“The Permit”). We refer to Council’s letter dated 17 April 2018 requesting further information with regard to our application. Council’s letter provides the following observations with regards to the proposed canopy:

“The proposed canopy would be located to the immediate north of the rear garden of 75 Queen Street and would be clearly visible above the rear boundary garden wall of this property and those to the south. The potential amenity impact on adjacent residential properties is a concern. The contents of the VCAT Order dated 14 April 2010 clearly recognises that the amenity of the residential land to the south at 75 Queen Street is not a relevant consideration, but has to be considered in its context (my underlining). The potential impact of the proposed canopy on the adjacent dwelling immediately to the south (No. 75 Queen Street) and those residential properties further south has not been fully explored within your submission. The decision guidelines of the zone require Council to consider the relationship of proposals with residential areas. In light of this, please advise how the proposed canopy has been designed and located to mitigate any potential adverse amenity impact on the adjacent dwellings to the south, particularly No. 75 Queen Street.”

We refer to Council’s reference to the VCAT Order dated 14 April 2010 – Gateway Properties Pty. Ltd. v Colac-Otway SC [2010] VCAT 664.

THIS COPIED DOCUMENT IS MADE AVAILABLE FOR THE SOLE PURPOSE OF ENABLING ITS CONSIDERATION AND REVIEW AS PART OF A PLANNING PROCESS UNDER THE PLANNING AND ENVIRONMENT ACT 1987. THE DOCUMENT MUST NOT BE USED FOR ANY PURPOSE WHICH MAY BREACH COPYRIGHT.

-2- We consider it is quite important to consider the VCAT decision in its entirety with particular emphasis on paragraph 30, which concluded with the quoted and emphasised words included in Council’s letter. In its entirety, paragraph 30 reads as follows:

“30. There is an important point to be made about amenity issues in relation to this situation. It was a point readily, and fairly, conceded by Mr Bardini at the commencement of the hearing. The McInnes’ land is used for residential purposes. That use of it is quite lawful, and it is quite lawful for it to continue. However, it is a residential use of Business 2 land. Residential uses on business or industrial land have to accept that they are there on a basis that recognises the primary purpose of the land is not for residential purposes and they are not entitled to an amenity outcome if that would impose on legitimate use and development requirements ordinary to such business or industrial land. The McInnes’ land is in a very different situation to a residential property in the midst of a residential zone. It is even in a very different position to a residential property in a residential zone at the interface with a business or industrial zone. Their land is wholly in a Business 2 Zone, surrounded by Business 2 Zone land, and well within a Business 2 Zone area. They cannot expect to impose limitations on ordinary reasonable use and development of nearby land for business purposes. That does not mean that their situation and their amenity is not a relevant consideration, but it has to be considered in that context.” (Emphasis added)

Clearly, the Tribunal Member’s analysis of the context of the review site and the objector’s property is well documented in paragraph 30 to provide the expression that this is an urban commercial area and that development on the application site should not and cannot be inhibited by a residential use in a commercial zone. The matter would be quite different if the adjoining land at Nos. 75 to 79 Queen Street were located in a residential zone, but they are not. Nos. 75 to 79 Queen Street do not and cannot expect the context and amenity of a residential area remote to a commercial area when they are located deep in a commercial zone and precinct. The following zoning map clearly shows the location of the subject site and adjoining properties in a commercial zone remote to a residential zone.

Subject Site


-3- Moreover, in assessing the proposed development the Tribunal made the following comments with regard to built form at paragraphs 32 and 33.

“32. Whilst dealing with the question of the look of developments, I should mention the proposed masonry tilt slab concrete wall 6.3 metres high intended to be erected down approximately 50 metres of the east side boundary of the main part of the site. This is across the rear boundaries of 77 and 79, and partly across the rear boundary of the McInnes’ land. The original proposal was for it to extend across the whole of the rear boundary of the McInnes’ land, but this has been cut back to reduce amenity impacts in terms of shading and visual bulk. (Emphasis added)

33. Although such a large, long and high wall, on the boundary, would not be

acceptable in a residential zone, and probably not at a zone interface, I regard it as appropriate and acceptable in the circumstances of this case. A suggestion has been made that its colour should not be concrete grey, as proposed by the permit applicant, but that it might be a pale green or some other colour to soften the visual impact. The permit applicant will accept a condition requiring the colouring, by painting or otherwise, if I regard it as necessary. However he does not volunteer acceptance of it.” (Emphasis added)

We also note at paragraph 38 the Tribunal made the observation that:

“The “Rescode” provisions of cl55 of the planning scheme have no application to this case because of the zoning of the land.”

Following the above analysis of the Tribunal’s decision and reasons for that decision, we note with particularity: 1. The subject land, adjoining land at Nos. 75 to 79 Queen Street and land on the east

side of Queen Street are no longer located in a Business 2 Zone, but located in a Commercial 1 Zone where “vibrant mixed use commercial centres for retail, office, business, entertainment and community uses” (key purpose of the Commercial 1 Zone) are expected.

2. The Tribunal clearly considered that a 6.3 metre high wall on the boundary with Nos.

75 to 79 Queen Street as part of the approved development, is acceptable and expected in a Business 2 Zone (now Commercial 1 Zone) when adjoining a Commercial 1 Zone.


-4-

3. In the recent past land opposite on the east side of Queen Street has been

developed with a Shopping Centre complex as depicted in the following photographs. Contextually, Nos. 75 to 79 Queen Street are being progressively surrounded by commercial development and will either be redeveloped into the future for commercial purposes or redeveloped “for residential uses at densities complementary to the role and scale of the commercial centre.” (further purpose of the Commercial 1 Zone). In a policy context this will mean redevelopment of the existing single dwelling lots of Nos. 75 to 79 Queen Street for residential purposes commensurate to the commercial centre location.


-5-

4. The canopy has an overall height of 6.25 metres with a fascia depth of 1.2 metres.

Beneath the canopy will remain open. It is not a solid wall that was nevertheless acceptable to the Tribunal in 2010. The fact that the canopy can be seen, we submit and with respect, is irrelevant. This is a Commercial 1 Zone adjoined by Commercial 1 Zoning with commercial development that can be easily seen and this is to be expected. To respect the boundary interfaces the canopy will be finished in green to maintain and complement the existing building, although this is not necessary given the previous VCAT decision on this site. It is not unusual to have awnings, etc. over loading areas of commercial premises to provide weather protection to Team Members, loading/unloading operations, stored goods, etc.

Council’s reference to the decision guidelines of the zone is somewhat simplistic. Reference has only been made to part of one (1) general decision guideline, which reads in full as:

“The interface with adjoining zones, especially the relationship with residential areas.”

It is our submission that three (3) remaining dwellings on Nos. 75 to 79 Queen Street do not constitute a “residential area”; especially when those remaining properties used for residential purposes are located in a Commercial 1 Zone surrounded by the Commercial 1 Zoning and development. It is our further submission that the Tribunal came to the same conclusion. However, since the Tribunal’s decision, as referred to above, lots opposite on the east side of Queen Street, have been developed and used for a Shopping Complex, further confirming this is not a residential area. It is noted that another decision guideline relating to “Buildings and Works” requires Council to consider, as appropriate:

“Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.”

Moreover, Clause 21.03-2 – “Colac” of the Colac-Otway Planning Scheme makes it quite clear that it is policy to:


-6-

“Ensure major retail and commercial developments locate within the Colac CBD (Commercial 1 Zoned land only) rather than outside the town centre.”

In addition, the Colac Framework Plan identifies the subject site and Nos. 75 to 79 Queen Street as part of the Colac CBD and that Nos. 75 to 79 Queen Street are located in areas identified for “Opportunities for infill development.” Council policy expects commercial development and this is likely to affect Nos. 75 to 79 Queen Street now and into the future, but more likely they will be redeveloped as expected by Council policy rather than inhibit the achievement of Council policy with redevelopment on adjoining and nearby land. The “impact” of the proposed canopy is not of an intensity nor impact as to render the adjoining dwelling uninhabitable, further the canopy adjoins the rear corner of the site in the vicinity of the neighbour’s shed/garage and existing landscaping as depicted in the following photograph.

Following the above analysis and response, we consider Council’s request to:

“….advise how the proposed canopy has been designed and located to mitigate any potential adverse amenity impact on the adjacent dwellings to the south, particularly No. 75 Queen Street.”

is neither required or relevant to Council’s consideration of the application. To require such information or response in the form of a further information request is contrary to the purpose of the Commercial 1 Zone, is contrary to the decision guidelines of the Commercial 1 Zone and is contrary to the Local Planning Policy Framework of the Colac-Otway Planning Scheme. On 18 July 2018 we provided by email, a response to Council’s Engineering Department’s comments and by return email dated 25 July 2018 Council’s Mr Alishio White advised that:

No 75 Queen Street


-7-

“….after considering the further information provided, Council’s Infrastructure Services Department consents to the proposed amended layout and functionality of the site.”

The above addresses Council’s Engineering Department’s comments. We look forward to receiving our endorsed copy of the amended plans. Should this letter and enclosed email not fully address Council’s RFI, we request a further 14 days until 20 August 2018 to supply any additional information that might be required. Yours faithfully,

Richard G Umbers Peninsula Planning Consultants Pty. Ltd.


pc: 370619 v/f: 11237/189, lot: 1 tp: 592083, lot: 1 tp ... · peninsula planning consultants pty...

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