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CITY OF GREATER GEELONG

DEVELOPMENT HEARINGS PANEL

MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE,100 BROUGHAM STREET, GEELONG

ON THURSDAY 19 OCTOBER 2017

Meeting opened at 5:00pm.

1. COMMITTEE MEMBERS PRESENT:

Joanne van Slageren, Melissa Garrett, Tim Hellsten, John Bryce

2. OTHER OFFICERS PRESENT:

Joshua Trowell, Susan Brown

3. APOLOGIES:

NIL

4. CONFIRMATION OF MINUTES:

MOVED: Tim Hellsten SECONDED: John Bryce

That the minutes of the meeting of 5 October 2017 as circulated be adopted.

Carried

5. DECLARATION OF INTEREST:

NIL

6. MATTERS FOR CONSIDERATION :

Application No: PP-866-2015

Development Hearings Panel Meeting No. 553Date: 19 October 2017

Applicant: Trg (The Retail Group Pty Ltd)

Subject Land: 2-8 and 16 Wyndham Street, Drysdale

Owners: Foxhunt Pty Ltd

City of Greater Geelong

Zone: Commercial 1 Zone (C1Z)

Overlays: Design and Development Overlay – Schedule 33 (DDO33)

Heritage Overlay (HO1620)

Existing Uses: Supermarket, Shops, Drysdale Town Square

Proposal: Partial Demolition, Alterations and Additions to a Supermarket and Shops, Display of Advertising Signage and Reduction in the Requirement to Provide Car Parking

2-8 AND 16 WYNDHAM STREET, DRYSDALE

Subject Site


Summary The subject land is located at 2-8 & 16 Wyndham Street, Drysdale. The site can be

better described as the existing Woolworths Supermarket and connecting speciality shops, which are located within the Drysdale Town Centre. The existing supermarket has a net floor area 2710sqm and the existing retail tenancies range between 21sqm and 173sqm. There is also a 290sqm internal mall area provided on the land. The existing privately owner car parking on the land has capacity for up to 120 car parking spaces.

The site abuts the Drysdale Town Square, which provides a public meeting space and a focal point for the community.

The subject site and its immediate surrounds are covered by the Commercial 1 Zone (C1Z) and are affected by a Heritage Overlay (HO1620) and Design and Development Overlay – Schedule 33 (DDO33).

The application proposes to partially demolish, alter and construct additions to the existing supermarket and shops on the land, along with the display of advertising signage and a reduction in the requirement to provide car parking.

The application was subject to the public notice requirements as set out in the Planning and Environment Act 1987. As a result of the various forms of public notice, a total of seventy eight (78) objections have been received.

The objections primarily raise concerns about impacts associated with the proposal to reduce the requirement to provide car parking, re-directing pedestrian access to the building, changing the orientation of the shop tenancies and reducing the internal mall area, construction impacts to existing traders, public works and the potential sale of public land.

The application has been considered against the purpose and decision guidelines contained within the Commercial 1 Zone, the design objectives and requirements set out in the Heritage Overlay and Design and Development Overlay – Schedule 33, along with the relevant State and Local Planning Policies.

The application is considered to provide for an acceptable planning outcome which appropriately responds to the relevant provisions in the Greater Geelong Planning Scheme. The proposed redevelopment of the centre will provide for a contemporary adaptation to the established built form characteristics adjoining the Town Square, that has been designed and located to enhance and activate the adjoining public spaces. Overall it is considered that the design of the proposed development will provide for a net community benefit by positively contributing towards the ongoing activation of the Drysdale Town Square.

The proposed car parking reduction and display of signage have also been considered with regard to the relevant provisions set out in the planning scheme, and are considered to provide an acceptable planning outcome in this instance.

On the basis of the assessment outline in this report it is recommended that the application be supported, subject to conditions.


Moved: Tim Hellsten Seconded: Melissa GarrettThat the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Issue a Notice of Decision to Grant a Planning Permit for the Partial Demolition, Alterations and Additions to a Supermarket and Shops, Display of Advertising Signage and Reduction in the Requirement to Provide Car Parking at 2-8 and 16 Wyndham Street, Drysdale in accordance with the plans submitted with the application and subject to the following conditions:

Amended Plans1. Prior to the commencement of the development, three (3) copies of amended

plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted 10 May 2016 but modified to show:

a) The incorporation of the ‘Drysdale Village’ standard sign format as set out in the City of Greater Geelong Advertising Sign Guidelines (1997, 2014) for all speciality store signage.

b) External materials for the new fire services pump room to comprise of timber cladding or similar lightweight external materials.

c) Any design or layout recommendations from the Disabled Access Audit required by Condition 6.

d) Indicative locations of public artwork and landscaping in accordance with the plans required by Condition 4.

e) Nominated trees to be removed on public land in accordance with the plans required by Condition 4.

f) Cross-section elevation plans depicting the changes in proposed floor and ground levels between the main building entrance and road reserve, and between the café entrance and edges of the outdoor dining/alfresco area.

g) Provision for at least six (6) appropriately located employee bicycle spaces and at least seven (7) customer/visitor bicycle spaces.

h) A note on the plans that the existing rotunda will not be removed or altered as part of this permit.

The development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority.

Endorsed Plans2. The development as shown on the endorsed plan(s) must not be altered

without the written consent of the Responsible Authority.

Drainage3. The site stormwater system must be designed and installed such that the

site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required to the satisfaction of the Responsible Authority.


Streetscape/Public Works, Functional Layout and Public Art Plan4. Unless otherwise agreed in writing by the Responsible Authority, prior to the

commencement of development, a Streetscape Works Plan, including a Functional Layout Plan and Public Art Plan must be submitted to and approved by the Responsible Authority. The Streetscape/Public Works Plan must identify all proposed works and modifications by the developer within the public realm directly adjacent to the subject site. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be developed in consultation with Council’s Engineering, Capital Projects and Arts and Culture Units and must include (but not be limited to) the following:

a) An integrated Public Art Plan for the site that contributes to the enrichment of the interfaces between the public realm and the eastern and western elevations of the building. The plan must have regard to the Greater Geelong Public Art Strategy;

b) Detailed Engineering Construction Plans which incorporate relevant details on all changes to existing and proposed ground and floor levels and incorporating appropriate interface levels into the adjoining public areas;

c) Relevant cross-section diagrams to show the changes in levels between the subject site and the Town Square;

d) Nominated removal of any vegetation within the road reserves and/or on public land;

e) Changes to on-street car parking (where relevant), including deletion of line-marking, new marking and changes to parking signage

f) Any new regulatory signage, line-marking and traffic management devices within adjoining road reserves and within the site;

g) Landscaping; h) Lighting;i) Pedestrian linkages and management;j) Park furniture; andk) Drainage.

All to the satisfaction of the Responsible Authority.

The works must be completed at the full cost of the developer prior to the occupation of the development, unless otherwise approved in writing by the Responsible Authority.

Engineering Drainage Plans5. Unless otherwise approved in writing by the Responsible Authority, prior to

the commencement of the development, engineer drainage plans for new Council assets prepared by a suitably qualified and experienced person must be submitted and approved by the Responsible Authority. The plans must detail the variation of Council’s drainage network associated with areas of the land which are proposed to change from public to private ownership. The plans must show, but not be limited to:

a) The re-alignment of the 300mm drain on the eastern side of the subject land; and

b) The removal of the existing 150mm diameter pipe on the western side of the land being purchased.


To the satisfaction of the Responsible Authority.

Disability Access Audit 6. Unless otherwise approved in writing by the Responsible Authority, prior to

the commencement of the development, a Disability Access Report must be submitted to the Responsible Authority. The report must address disability access for external environments and approaches to the development site and must address access from site boundaries, parking facilities, pedestrian routes, public spaces and pathways. The report must be prepared by an independent and suitably qualified practitioner. Where applicable, all findings and recommendations to be incorporated in amended plans to the satisfaction of the Responsible Authority.

Construction Management Plan7. Prior to commencement of any construction on this site, a detailed

Construction Management Plan must be submitted to and approved by the Responsible Authority. This plan must detail the following:

a) A detailed staging plan for all construction phases including indicative dates for commencement and completion, the need to re-locate or close particular shop tenancies, interim and ultimate changes to public pedestrian and vehicle access, etc.

b) Intended access for construction vehicles for each stage of the construction;

c) Swept path diagrams for the longest vehicle expected to access the site

d) Size, type and numbers of vehicles expected to be requiring access to the site for each stage of construction.

e) Location of parking facilities for construction vehicles.f) Proposed Materials hauling route.g) Engineering assessment of assets that will be impacted on by

construction and recommended techniques to minimise any adverse impact.

h) Details of actions to be implemented to in the event of damage to abutting assets.

i) Details of where construction personnel will park.j) Hours/days of construction, including deliveries. (Note: These hours

must be consistent with the Environment Protection Authority (EPA) requirements under Section 48A of the EP Act and the relevant ‘Noise Control Guidelines’.

k) Phone numbers of on-site personnel or other supervisory staff to be contactable in the event of issues arising on site.

l) Details of site cleanliness and clean up regimes.m) Location of material storage.n) Dust and noise management.


When approved this Construction Management Plan shall form part of this permit as it relates to the development. The construction activities associated with the permitted development must be undertaken in accordance with the approved Construction Management Plan and to the satisfaction of the Responsible Authority.


Landscape Plans8. Prior to the commencement of development, three (3) copies of a landscape

plan prepared by a suitably qualified or experienced person, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale and show:

a) A survey (including botanical names) of all existing vegetation to be retained and/ or removed;

b) Details of surface finishes of pathways and driveways;c) A planting schedule of all proposed trees, shrubs and ground covers

including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;

d) Landscaping around the new fire services pump room which help screen the building; and

e) Incorporation of an innovative green wall (ie. climbing plants and structures) treatment, in parts and as appropriate, to be provided along the western wall of the development with the direct interface to the car parking area.

When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority.

Requirement to Re-Align Lot Boundaries9. Unless otherwise approved in writing by the Responsible Authority, prior to

the commencement of any buildings and/or works on public land (other than the road reserve) the lot boundaries must be re-aligned under the of the Subdivision Act 1988 to retain the development in private ownership, to the satisfaction of the Responsible Authority.

Note: This planning permit does not pre-empt any decision by the Council relating to the sale or transfer of land.

Prior to the Occupation of the Development10. Unless otherwise approved in writing by the Responsible Authority, prior to

the occupation of the development, the developer must:

a) Construct the site stormwater system including connection for the building extension into the existing common drainage within the carpark, or other nominated point/s as approved by the Responsible Authority;

b) Complete all Streetscape and Public Works, Landscaping and Public Art Works at the full cost of the developer in accordance with the endorsed plans;

c) Repair and/or reinstate any damaged Council assets at the full cost of the developer; and

d) Complete line-marking and car park alterations.



Removal of Street Trees11. Unless otherwise approved in writing by the Responsible Authority, prior to

the removal of any trees on public land, trees that are approved to be removed in accordance with the endorsed plans must be removed, offset, replanted and maintained for a 2 year period at the full cost of the developer and to the satisfaction of the Responsible Authority.

Engineering Works12. Unless otherwise approved in writing by the Responsible Authority, prior to

the commencement of the development, the developer must undertake and submit to Council a WSA CCTV inspection report for the existing underground drain on the southern side of the site, extended to the next pit on either side of the works approved by this permit, to the satisfaction of the Responsible Authority.

13. Unless otherwise approved in writing by the Responsible Authority, prior to the occupation of the development, the developer must undertake and submit to Council a revised WSA CCTV inspection report for the existing underground drain on the southern side of the site, demonstrating no damage during the works. Any damage that has occurred to the pipe must be repaired by the developer within 30 days from the date of detection and to the satisfaction of the Responsible Authority.

Development Expiry14. This permit as it relates to the development of buildings will expire if one of

the following circumstances applies:a) The development of the building(s) hereby approved has not

commenced within two (2) years of the date of this permit.

b) The development of the building(s) hereby approved is not completed within four (4) years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or

a) Within six (6) months after the permit expires where the use or development has not yet started; or

b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry.

Signage Expiry15. Unless otherwise extended in writing by the Responsible Authority, this

permit, as it relates to signage expires fifteen (15) years from the date of issue, at which time the signage and all supporting structures must be removed and the site made good to the satisfaction of the Responsible Authority.

Permit Notes:1. Construction of the site stormwater connection/s is to be inspected by

Council Representative at various stages. An appropriate fee equivalent to 3.25% of total cost of civil works, excluding GST (a minimum fee of $100 applies if the 3.25% amount is less than $100), is to be paid to Council for inspection. Relevant evidential documentation of the cost is to be provided.


2. All internal property drainage must be designed and constructed to satisfy AS/NZS 3500.

3. Engineering plans must be provided in PDF and GIS-ready AutoCAD (DXF) format.

4. Engineering maintenance bonds of 5% of the cost of works will be required to be provided to Council, and will be returned after successful completion of a 12 month maintenance period.

5. Alfresco dining may require separate approval from Council’s Local Laws Unit.

6. All works associated with tree removal and replacement must be undertaken by Council or its approved contractors, the applicant is advised to contact Council’s Parks Unit (5272 4827) to discuss the removal and replacement of the street tree. A written quote will be prepared and provided to the applicant and acceptance of the quote must be provided in writing to Council prior to any works to the street tree commencing. The applicant or their nominated representatives are not authorised to remove or arrange the removal of the Council tree.

7. Any applicable Council permit(s) must be taken out prior to the commencement of works within the road reserve.

8. Building canopies/awnings must comply with the relevant Building Regulations and the advice of a Building Surveyor should be obtained.

Carried

ReportThe Site & Locality

The subject land is located at 2-8 & 16 Wyndham Street, Drysdale. The legal description of the land is Lot 2 on Plan of Subdivision 539537Y and Unit 1 on Strata Plan 036994U.

The land includes a number of different allotments which comprise of the Drysdale Town Square, existing Woolworths Supermarket, Shops and Car Parking Areas.

The existing supermarket on the land comprises of a net floor area of 2710sqm, along with a 290sqm internal mall area, and retail/café tenancies which range between 21sqm and 173sqm. Internal amenities are also provided.

The existing car park on the land contains 120 car parking spaces.


Figure 1: Existing Site Conditions (Source: Application Documents)

The subject site is located within the Drysdale Town Centre and surrounded by key commercial and community uses which service the locality.

Figure 2:South-East View of Supermarket and Car Park (Source: Planner Site Photo)


Figure 3:North-East View of Supermarket, Current Entrance and Car Park (Source: Planner Site Photo)

Figure 4: East View of Supermarket Entrance Wyndham Street Access (Source: Planner Site Photo)


Figure 5: West View Wyndham Street Access, Existing Supermarket Entrance on Right (Source: Planner Site Photo)

Figure 6: West View of Paved Courtyard and Trolley Bay Area (Source: Planner Site Photo)

Drysdale and Clifton Springs are strategically identified as designated growth areas on the Bellarine Peninsula. The population of Drysdale and Clifton Springs is expected to increase to 24,954 people over the next 20-30 years.

Drysdale is located on the northern coastline of the Bellarine Peninsula, approximately 20 minutes from Geelong.

Proposal


The current application proposes to partially demolish, alter and construct additions to the existing supermarket and shops on the land, along with the display of advertising signage and a reduction in the requirement to provide car parking. The various components of the planning permit application have been separated and provided below:

Partial DemolitionThe application proposes some demolition works to the existing building, including removing some existing mall areas, toilets and shop tenancy areas. Some pavement and footpath areas are also proposed to be removed, along with garden beds, landscaping and courtyard areas.

Alterations and AdditionsThe application proposes to expand over parts of the pre-existing town square area. This would result in a subsequent increase in the floor area for the supermarket by 500sqm and by 205sqm for the shops. An existing pump house is proposed to be re-located and the building’s internal layout is proposed to be re-arranged. External redevelopment of the building including the façade treatment is proposed to be altered.

One (1) additional retail space is proposed to be provided as a result of the redevelopment.

Other proposed works include pavement and outdoor works, including changes to current ground levels.

Figure 7: Proposed Development (Source: Application Documents)

Advertising SignageThe application proposes the display of new signage. Details for the supermarket signage has been set out in the application documentation, which includes some internally illuminated signage. The elevation plans for the development also show nominated signage zones above the entries for the individual retail tenancies.

Reduction in the Requirement to Provide Car ParkingThe application is seeking a reduction in the number car parking spaces required under Clause 52.06-5 of the planning scheme.

The reduction being sought equates to thirty-one (31) car parking spaces.


The increase in the requirement to provide car parking relates to the proposed increase in net floor area, being the 500sqm for the supermarket and 205sqm for the shops. This increase in floor area generates a statutory car parking requirement for thirty-three (33) car parking spaces.

The application is proposing to provide an additional two (2) on-site car parking spaces and seeks a reduction in the requirement to provide the outstanding thirty-one (31) spaces.

Officer Direct Or Indirect Interest

No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act.

Greater Geelong Planning Scheme

Definition and NestingPursuant to Clause 74 of the Planning Scheme the existing uses on the land can be defined as Supermarket, Shop and Food and Drink Premises.

These existing land uses are nested in the Retail Premises Group at Clause 75.11 of the Greater Geelong Planning Scheme.

ZoneThe subject site is located within the Commercial 1 Zone. The purpose of the zone is provided below:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

To provide for residential uses at densities complementary to the role and scale of the commercial centre.

OverlayThe subject site is affected by a Heritage Overlay. The purpose of this overlay is provided below:


To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of

heritage places. To ensure that development does not adversely affect the significance of

heritage places. To conserve specified heritage places by allowing a use that would otherwise be

prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

The subject site is also affected by the Design and Development Overlay – Schedule 33. The purpose of this overlay is provided below:



To identify areas which are affected by specific requirements relating to the design and built form of new development.

The design objectives set out in Schedule 33 to this overlay are provided below:

To encourage building heights up to three storeys. To maintain the character of the Drysdale Town Centre. To improve the appearance, usage and accessibility of the town square. To provide active frontages to retail premises. To improve the layout and function of car parking areas.

Permit required clause and conditionA planning permit is triggered pursuant to the following clauses of the Greater Geelong Planning Scheme:

Clause 34.01-4 of the Commercial 1 Zone, a permit is required to construct a building or construct or carry out works.

Clause 43.01-1 of the Heritage Overlay, a permit is required to demolish or remove a building, and construct a building or construct or carry out works.

Clause 43.02-2 of the Design and Development Overlay, a permit is required to construct a building or construct or carry out works.

Clause 52.05-7 (Advertising Signs) of the Particular Provisions, a permit is required to display business identification signage where the total advertising area for all signs exceeds 8sqm.

Clause 52.06-3 (Car Parking) of the Particular Provisions, a permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5.

Restrictive CovenantThere are no restrictive covenants registered on the certificate of title for the subject land.

Cultural Heritage Management Plan (CHMP)

The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity.

Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is listed as an exempt activity.

In accordance with the above assessment, a Cultural Heritage Management Plan is not required.

Coastal Inundation and Erosion


Clause 13.01-1 of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change.

Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in

100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill).

Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change.

Consider the risks associated with climate change in planning and management decision making processes.

The subject site is located within close proximity of existing urban development.

Council’s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at 2040.

Landfill Gas Risk Assessment

Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have

on the use or development [S 60(1) of the PEA]. Clause 13.01-1 of The State Planning Policy Framework which aims to ensure that

potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

The EPA has adopted the “Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills” (September 2010) or “Landfill BPEM.”.

The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive

land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste.

Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated.

All buildings and structures and associated infrastructure should be considered.

The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required.

State Planning Policy FrameworkSummary of relevant state policies

10.04 - Integrated Decision Making

Society has various needs and expectations such as land for settlement, protection of the environment, economic well-being, various social needs, proper management of


resources and infrastructure. Planning aims to meet these by addressing aspects of economic, environmental and social well-being affected by land use and development.

Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations.

Consistent with the objectives of local government under the Local Government Act 1989, municipal planning authorities are required to identify the potential for regional impacts in their decision-making and co-ordinate strategic planning with their neighbours and other public bodies to achieve sustainable development and effective and efficient use of resources.

11.05-2 – Distinctive Areas of State Significance

ObjectiveTo protect and enhance the valued attributes of the distinctive areas of the Bellarine Peninsula, Macedon Ranges, Mornington Peninsula and the Yarra Valley and Dandenong Ranges.

StrategiesRecognise the significant geographic and physical features of these areas.

Protect the identified key values and activities of these areas.

Support use and development where it enhances the valued characteristics of these areas.

Recognise the important role these areas play in the state as tourist destinations.

Avoid use and development that could undermine the long-term natural or non-urban use of land in these areas.

Protect areas that are important for food production.

15.01- 1 Urban Design

ObjectiveTo create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

StrategiesPromote good urban design to make the environment more liveable and attractive.

Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability.

Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context.


Ensure sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality.

Ensure transport corridors integrate land use planning, urban design and transport planning and are developed and managed with particular attention to urban design aspects.

Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals.

15.01-2 - Urban Design Principles

ObjectiveTo achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

StrategiesApply the following design principles to development proposals for non-residential development or residential development not covered by Clause 54, Clause 55 or Clause 56:

Context: Development must take into account the natural, cultural and strategic context of its

location.

Planning authorities should emphasise urban design policies and frameworks for key locations or precincts.

A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing of new development.

The public realm: The public realm, which includes main pedestrian spaces, streets, squares, parks

and walkways, should be protected and enhanced.

Safety: New development should create urban environments that enhance personal safety

and property security and where people feel safe to live, work and move in at any time.

Landmarks, views and vistas: Landmarks, views and vistas should be protected and enhanced or, where

appropriate, created by new additions to the built environment.

Pedestrian spaces: Design of interfaces between buildings and public spaces, including the arrangement

of adjoining activities, entrances, windows, and architectural detailing, should enhance the visual and social experience of the user.

Heritage: New development should respect, but not simply copy, historic precedents and

create a worthy legacy for future generations.

Consolidation of sites and empty sites:


New development should contribute to the complexity and diversity of the built environment.

Site consolidation should not result in street frontages that are out of keeping with the complexity and rhythm of existing streetscapes.

The development process should be managed so that sites are not in an unattractive, neglected state for excessive periods and the impacts from vacant sites are minimised.

Light and shade: Enjoyment of the public realm should be enhanced by a desirable balance of sunlight

and shade.

This balance should not be compromised by undesirable overshadowing or exposure to the sun.

Energy and resource efficiency: All building, subdivision and engineering works should include efficient use of

resources and energy efficiency.

Architectural quality: New development should achieve high standards in architecture and urban design.

Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design.

Landscape architecture: Recognition should be given to the setting in which buildings are designed and the

integrating role of landscape architecture.

15.01-4 - Design for Safety

ObjectiveTo improve community safety and encourage neighbourhood design that makes people feel safe.

StrategiesEnsure the design of buildings, public spaces and the mix of activities contribute to safety and perceptions of safety.

Support initiatives that provide safer walking and cycling routes and improved safety for people using public transport.

Ensure suitable locations for police stations and fire brigade, ambulance and emergency services are provided for in or near activity centres. In newly developing areas these services should be located together.

15.02-1 – Energy and Resource Efficiency

ObjectiveTo encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

StrategiesEnsure that buildings and subdivision design improves efficiency in energy use.


Promote consolidation of urban development and integration of land use and transport.

Improve efficiency in energy use through greater use of renewable energy.

Support low energy forms of transport such as walking and cycling.

17 – Economic Development

Planning is to provide for a strong and innovative economy, where all sectors of the economy are critical to economic prosperity.

Planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential.

17.01-1 – Business

ObjectiveTo encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

StrategiesLocate commercial facilities in existing or planned activity centres.

Provide new convenience shopping facilities to provide for the needs of the local population in new residential areas and within, or immediately adjacent to, existing commercial centres.

Provide outlets of trade-related goods or services directly serving or ancillary to industry and which have adequate on-site car parking.

Locate cinema based entertainment facilities within or on the periphery of existing or planned activity centres.

A five year time limit for commencement should be attached to the planning approval for all shopping centres or expansions of over 1,000 square metres in floorspace.

18.02-2 - Cycling

ObjectiveTo integrate planning for cycling with land use and development planning and encourage as alternative modes of travel.

StrategiesDirect and connected bicycle infrastructure should be provided to and between key destinations including activity centres, public transport interchanges and major attractions.

Cycling infrastructure (on-road bicycle lands off-road bicycle paths) should be planned to:

Separate cyclists from other road users, particularly motor vehicles.


Provide the most direct route practical.

Require the provision of adequate bicycle parking and related facilities to meet demand at education, recreation, shopping and community facilities and other major attractions when issuing planning approvals.

Provide improved facilities, particularly storage, for cyclists at public transport interchanges, rail stations and major attractions.

Ensure provision of bicycle end of trip facilities in commercial buildings.

Develop local cycling networks and new cycling facilities that support the development of 20-minute neighbourhoods and link to and complement the metropolitan-wide network of bicycle routes – the Principal Bicycle Network.

Local Planning Policy FrameworkMunicipal Strategic Statement

Summary of relevant provisions in Council’s MSS:

21.06-5 - Heritage and identity

The objectives of Clause 21.06-4 of the Municipal Strategic Statement are to: ensure that urban development enhances Geelong’s sense of place and identity. conserve and enhance individual places and areas of pre and post contact cultural

heritage significance.

Strategies Protect places of Aboriginal cultural heritage significance. Retain culturally significant heritage places and areas recognised as being of State,

regional, local and contributory significance. Ensure that the use and development of a heritage place contributes to its heritage

significance and longevity. Encourage the design of new development in heritage areas to provide for a

contemporary interpretation that relates to the location, bulk, form and materials of existing and/or neighbouring significant buildings.

21.07-3 - Retail

The objectives of Clause 21.07-2 of the Municipal Strategic Statement are to: facilitate the development of vibrant and viable retail activity centres in accordance

with the Geelong Retail Activity Centre Hierarchy included at Clause 21.07-8. ensure all major retail developments, and out of centre developments, provide a

clear net community benefit. avoid the risk of exacerbating problem gambling.

Strategies Ensure that new retail development is directed to activity centres and is consistent

with the role and function described in the Retail Activity Centre Hierarchy included at Clause 21.07-8.

Ensure Central Geelong remains the primary retail activity centre in the G21 Region and the focus of retail activity in the G21 region.

Direct restricted retail (bulky goods) use and development to Central Geelong, the nominated homemaker precinct at Waurn Ponds, the Corio homemaker precinct


subject to appropriate re-zoning and other homemaker precincts and activity centres as detailed in Clause 21.07-8.

Discourage restricted retail (bulky goods) development in industrial areas. Encourage a mix of retail, office, cafes, entertainment, housing, education and

community facilities to locate within activity centres. Support accommodation uses above ground level floor space in activity centres

subject to appropriate provision of parking and access requirements. Require that applications for new centres establish the retail need for such use and

development and demonstrate that there are no adverse impacts on the operation of the retail activity centres hierarchy.

Direct the location of gaming machines to venues that makes gaming accessible but not convenient as detailed in Clause 22.57.

21.14-2 - The Bellarine Peninsula

The objectives of Clause 21.14-2 of the Municipal Strategic Statement are to: protect and enhance the rural and coastal environment on the Bellarine Peninsula

and maintain non-urban breaks between settlements. facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as

hubs of development and service provision on the Bellarine Peninsula. In all other townships on the Bellarine Peninsula provide retail, commercial and community uses and facilities that serve the daily needs of the community and encourages street based activity.

provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community.

preserve the individual character, identity and role of each Bellarine township.

Strategies Ensure that development responds to the identity and character of the individual

township in which it is located. Protect rural and coastal environments from inappropriate urban encroachment. Ensure land use and development proceeds generally in accordance with the

relevant Structure Plan maps included in this Clause. Ensure that development outside of settlement boundaries (as shown in the

Structure Plan maps included in this clause) does not compromise the rural, environmental and landscape values of the non-urban breaks or longer term growth opportunities.

Direct the bulk of residential growth and retail development to Ocean Grove, Drysdale/Clifton Springs and Leopold consistent with the relevant Structure Plan maps included in this clause.

Direct bulky goods retailing and industrial development to existing and future areas as identified in Structure Plan maps included in this clause.

Drysdale/Clifton Springs: Contain urban development within the defined settlement boundary on the Structure

Plan map. Support the development of the Jetty Road Urban Growth Area and other areas

identified for residential development on the Structure Plan map. Ensure new development incorporates sustainability principles including

environmentally sustainable design, energy efficiency, connectivity and water sensitive urban design.

Reinforce the Drysdale town centre as the primary retail centre including the development of an additional supermarket.

Provide for the expansion of the Drysdale town centre to the east along Murradoc Road.


Locate future development of a service business or industrial nature in the identified precinct along Murradoc Road extending to the proposed Drysdale Bypass.

Locate and integrate future education, community and recreation facilities to enhance their accessibility and to maximise joint use wherever possible.

Develop the Council owned Palmerston Street site and the Drysdale Regional Community and Cultural Hub for community and recreation purposes.

Ensure any development of short term tourist accommodation at the Curlewis Golf Course is located at the eastern end of the course in close proximity to the Jetty Road Urban Growth Area, functions as a minor component to the primary role of the site as a golf course and maintains the rural landscape character of the site.

Provide additional bicycle and pedestrian opportunities throughout the townships including new footpaths and bicycle lanes.

Provide for the creation of consolidated parking areas in the town centre.

Local Planning Policies

Summary of relevant Local Planning Policies:

22.09 – Cultural Heritage

The objectives of Clause 22.09 of the Local Planning Policy Framework are to:

encourage the retention of culturally significant and contributory heritage places within Heritage Overlay areas.

encourage development to be undertaken in accordance with the accepted conservation standards of the ICOMOS Burra Charter.

conserve and enhance the natural or cultural features of an area or site and to ensure that any alterations or development complement their form and appearance.

ensure that new development and external alterations of existing buildings make a positive contribution to the built form and amenity of the area.

encourage the retention or re-instatement of streetworks including street trees and bluestone kerbs, street construction form, asphalt footpaths, channels and crossovers.

22.14 – HO1620: Drysdale Commercial Heritage Area

The objectives of Clause 22.14 of the Local Planning Policy Framework are to:

To retain the diverse historic and architectural significance of the area and the mixture of domestic, commercial, public, religious and civic buildings which form the centre of Drysdale.

To retain the semi-rural character of the streetscapes including contours, spoon drains and wide gravel verges on carriageways, street tree planting, garden beds and hedges.

To protect and enhance the strong visual relationship of the buildings, including Monumentality and uniformity of siting, and the scale, massing and construction of

the buildings. To encourage the use of traditional construction materials. To retain the view at the rear of significant buildings on the north side of High Street

to McLeod’s Waterhole, Drysdale. To retain the scope of setbacks, building separation and subdivision, and single and

two-storey building heights of the area. To retain the urban foci in the precinct, at the apex of Wyndham Street, Princess

Street, Murradoc Road, Collins Street and High Street.


Particular ProvisionsSummary of relevant Particular Provisions:

52.05 – Advertising Signs

Purpose To regulate the display of signs and associated structures. To provide for signs that are compatible with the amenity and visual appearance

of an area, including the existing or desired future character. To ensure signs do not contribute to excessive visual clutter or visual disorder. To ensure that signs do not cause loss of amenity or adversely affect the natural

or built environment or the safety, appearance or efficiency of a road.

52.06 – Car Parking

Purpose To ensure that car parking is provided in accordance with the State Planning

Policy Framework and Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having

regard to The demand likely to be generated, the activities on the land and the nature of

the locality. To support sustainable transport alternatives to the motor car. To promote the efficient use of car parking spaces through the consolidation of

car parking facilities. To ensure that car parking does not adversely affect the amenity of the locality. To ensure that the design and location of car parking is of a high standard,

creates a safe environment for users and enables easy and efficient use.

52.07 - Loading and Unloading of Vehicles

Purpose To set aside land for loading and unloading commercial vehicles to prevent loss

of amenity and adverse effect on traffic flow and road safety.

52.34 - Bicycle Facilities

Purpose To encourage cycling as a mode of transport. To provide secure, accessible and convenient bicycle parking spaces and

associated shower and change facilities.

Referrals

The following referrals were undertaken:

Section 55

Determining AuthorityNot required.

Recommending AuthorityNot required.

Section 52


ExternalNot required.

Internal

Department: Engineering ServicesResponse: Drainage:

The property falls to the east. Roof plan indicates drainage to existing internal drainage system in carpark and this is acceptable.

Assessment for retardation required, or a water re-use assessment.

Engineer designed drainage plans required for Re-diversion of existing Council 300mm underground drainage servicing Council building to outside of land being purchased required and removal of redundant 150mm drainage line for existing open space required.

Pre and post works WSA CCTV inspection report required for Council drain under southern veranda. Designer to ensure a minimum of 300mm offset between existing drain and any new building construction.

Snapshot with drain to be removed circled in pink, drain to be re-aligned circled in blue and drains to be CCTV inspected circled in red.

Vehicle Access & Car Parking:Comments from Traffic are supported.

Flooding & Coastal Inundation:N/A

Permit Conditions:The following conditions must be placed on the planning permit:


Drainage & Vehicular Access:a) Prior to the occupation of the dwellings / statement of compliance,

the developer must construct:

a. the site stormwater system including connection for the building extension into the existing common drainage within the carpark, or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with City of Greater Geelong Standard Drawings.

b. vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong.

c. Any redundant vehicular crossings must be removed, kerb and channel reinstated and the footpath/nature strip area reinstated to match existing construction in the street;

all to the satisfaction of the Responsible Authority.

Note:1. Construction of the site stormwater connection/s is to be inspected by

Council Representative prior to any backfilling. An appropriate fee equivalent to 3.25% of total cost of civil works, excluding GST (a minimum fee of $100 applies if the 3.25% amount is less than $100), is to be paid to Council for inspection. Relevant evidential documentation of the cost is to be provided.

2. All internal property drainage must be designed and constructed to satisfy AS/NZS 3500.

3. A Vehicle Crossing Permit must be obtained prior to commencement of works.

Car Parkingb) Prior to the occupation of the dwellings / statement of compliance,

the developer must construct the car park including accessways, surface with an all-weather sealed coat and linemark the car and accessways in accordance with the endorsed plans to the satisfaction of the Responsible Authority.

Stormwater Quality / Managementc) The site stormwater system must be designed and installed such

that;

a. The site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required;

to the Satisfaction of the Responsible Authority

d) Prior to the commencement of any building and/or demolition works approved by this permit, the developer must undertake and submit to Council a WSA CCTV inspection report for the existing underground drain on the southern side of the site, extended to the next pit on either side of the works approved by this permit.

e) Prior to the commencement of the building works the developer


shall submit for approval, detailed landscaping plans to the satisfaction of the Responsible Authority, for works as detailed on the approved plan to occur in the reserve to the south, prepared by a suitably qualified and experienced person and at the developers expense.

f) Prior to the commencement of the building works the developer shall submit for approval, engineer drainage plans, for new Council assets, prepared by a suitably qualified and experienced person and at the developers expense. Unless otherwise agreed by the Responsible Authority, the plans should detail the variation of Council’s drainage network with in the land being purchased and detailed below The submitted plans must also show, but be not limited to;

a. The re-alignment of the 300mm drain on the eastern side of the land being purchased such that it remains in Council managed land;

b. The removal of the existing 150mm dia pipe on the western side of the land being purchased.

g) Within one week of the Certificate of Occupancy being issued for the extension approved by this permit and unless otherwise agreed in writing by the Responsible Authority, for new Council assets the developer shall:

a. Complete the construction of the drainage and landscaping works in accordance with the approved plans.

b. Make payment equivalent to 3.25% of the cost of the works, to be paid to Council for the checking and supervision of these works;

c. Submit a maintenance bond of 5% of the cost of the works, to be paid to Council and returned after successful completion of a twelve month maintenance period;

d. Provide to Council ‘as-built’ Engineering plans in PDF, and GIS-ready AutoCAD (DXF) format plans, to the satisfaction of the Responsible Authority;

e. Submit a WSA CCTV inspection report for all new Council underground drainage pipes and pits in accordance with Council’s Design Note;

all to the satisfaction of Council.

h) Within one week of the Certificate of Occupancy being issued for the extension approved by this permit and unless otherwise agreed in writing by the Responsible Authority, the developer must undertake and submit to Council a revised WSA CCTV inspection report for the existing underground drain on the southern side of the site, demonstrating no damage during the works. Any damage that has occurred to the pipe must be repaired by the developer to the satisfaction of the Responsible Authority within one month.


Officer Comment:Generally the suggested conditions have been included in the permit. The majority of the conditions have been incorporated into amended plans, engineering construction plans and works required prior to the occupation of the development/commencement of the use.Details around public works and ground and floor levels have been considered in detail by Council’s Capital Projects Unit. Plans to satisfy recommended permit conditions will require further liaising with Capital Projects to ensure that levels and other works are appropriate so as to not prejudice the potential future outcomes that can be achieve in the Town Square.

Department: TrafficResponse: Car Parking Provision

The floor extensions are:Supermarket: 500 m2 additional floor areaSpecialty retail: 205m2 additional floor areaStatutory parking provision requirements for the Shop use in accordance to Cl 52.06-5, is 4 to each 100m2 of leasable floor area and 5 to each 100m2 of leasable floor area (LFA). However; parking requirements apply only for the extension of the relevant spaces and it is additional to existing parking spaces.

CoGG’s Traffic Engineering Comments:Statutory parking demand provision for the proposed extension is 33 carparking spaces.

The proposed parking provision is 2 car spaces – this proposal has a shortfall of 31 car spaces, An application for the waiver of the required parking spaces has be lodged by the applicant supported by a Car parking Assessment Report by Cardno.

Prior to the Aldi and Coles development in Drysdale, parking close to the existing supermarket was in very high demand. Occupancy rates were consistently over 80% at all times and close to 95% during peak parking demand times.

Cardno’s report states that empirical data indicate that expected parking demand is likely to be around 3.08 car spaces per 100 m2 of LFA.

It has been noted that parking occupancy in the subject area has eased and occupancy levels are close to 65%.during ordinary times and closer to 85% during peak parking demand.

Revised Cardno Traffic response to Objectors outlines alternative layout of the parking area.

The conceptual layout provided revised parking space configuration incorporating pedestrian walkways. It however, required the removal of 8 existing carpark spaces.

This concept would have required the waiver of 39 carparking spaces and would have additional disadvantages as indicated below:


a. Pedestrian paths are running along the fall of the land and have a grade of 4.6% which make shopping trolleys difficult to control

b. Parking spaces close to vehicle access points would be required to reverse into oncoming traffic accessing the parking area from the street

c. Reduction in the disable parking provision, (3 spaces to 4 existing spaces; loss of 1 space)

The concept for a re-configuration of the carparking area is not supported for the above reasons.

The current application seeking waiver of 31 parking spaces requested is supported based on the high likelihood of multi-purpose trips at this location.

Car Parking DesignThe existing car park design is propose to be retained with minor amendments.

Three low profile speed humps are proposed to be installed across the three accessways and pedestrian paths are proposed to be linemarked to guide pedestrian movements.

CoGG’s Traffic Engineering Comments:Changes proposed to the parking area are satisfactory.

Bicycle Parking & Cyclist Facilities6 bicycle parking spaces are proposed to be provided.

CoGG’s Traffic Engineering Comments:Bicycle parking provision is satisfactory

Vehicle AccessExisting vehicle access is affected by this proposal.

CoGG’s Traffic Engineering Comments:Existing vehicle access is suitable for proposed use.

Pedestrian AccessPedestrian paths are proposed along the front of the shopping area and from the building access through to the carpark area.

CoGG’s Traffic Engineering Comments:Proposed pedestrian treatment must be DDA compliant and lit appropriately.

Loading/Unloading ArrangementsExisting loading / unloading area is proposed to be retained.

CoGG’s Traffic Engineering Comments:Existing loading provision is satisfactory.

Traffic GenerationAs parking provision is not proposed to be changed significantly, existing


traffic volumes are not likely to change. CoGG’s Traffic Engineering Comments:The traffic movements generated by this proposal are expected to be absorbed within existing road network at this location.

ConclusionThe parking waiver of 31 parking spaces request is supported.

The application will be supported subject to the following conditions:

RECOMMENDED PERMIT CONDITIONS

1. Construction Management plans must be provided to the

satisfaction of the Responsible Authority. When approved, the plans

will be endorsed and will then form part of the permit. The plans

must show but not be limited to:

a. Construction stages

b. Duration of the construction stages

c. Proposed access to the site for all construction stages

d. Location of site huts and amenities for all construction

stages

e. Proposed Materials hauling route

f. Swept path diagrams for the longest vehicle expected to

access the site

g. Size, type and numbers of vehicles expected to be requiring

access to the side during the different construction stages

h. Location of parking facilities for construction vehicles

2. Other issues:

a. DDA compliance: All pedestrian access points of the

proposal must be DDA compliant, and lit appropriately.

b. Parking Area Lighting: Parking area must be lit to relevant

Australian Standards. Location and type of lighting must be

noted on the Car Parking area plans.

Officer Comment:The comments provided by Council’s Traffic Engineers are outlined above.Generally the suggested conditions are recommended to be included in any permit to issue.

Department: Heritage AdvisorResponse: The existing supermarket building has no significance but it is located

within the Drysdale Commercial Heritage Area HO1620.


Given that the existing building has no heritage value and the highly recessive location from the significant heritage building stock in the heritage area, the proposed works (partial demolition, alterations, additions, signage and paving) should have no adverse effect on the Drysdale Commercial Heritage Area. This part of the heritage area has little integrity. The new work should provide a more vibrant, contemporary appearance to the south façade of the building without necessarily having a highly visible presence to the broader heritage area.

It is recommended that this application is supported.Officer Comment:The comments provided by Council’s Heritage Advisor are outlined above and have formed part of the assessment under the Heritage Overlay.

Department: ParksResponse: Using the documentation provided as part of the referral a site inspection

was completed 25 August 2015 whereby the following observations and notes were recorded.Using the existing site & floor plan as well as the proposed site & floor plans all trees were inspected. Each stand of trees has been referred to as a ‘group’ in order to explain better the observations recorded.Group #1Immediately north of the Wyndham Street / Eversley Street roundabout there is a small stand of trees planted in the road reserve. It is mainly comprised of 7 x Allocasuarina and 4 x Eucalyptus species as well as smaller understorey plantings. This stand of vegetation appears on the existing site & floor plan but is not shown on the proposed site & floor plan therefore it is assumed that it is proposed for removal. There is no reference made towards their removal therefore the querying whether or not these must be removed now. This stand of vegetation is outside the area marked as ‘proposed future landscaping’.Group #2At the eastern end of the area marked for ‘future landscaping’ on the proposed site & floor plan there is a small stand of Banksia integrifolia x 5 with associated understorey planting, they are outside the space marked for acquisition.It is understood that these trees may be affected by grading issues however unless a timeframe is known for the future landscaping Tree Management would like to see these trees marked on all plans as being retained and protected accordingly during construction.

Group #3North of these trees there is a stand of 8 x Allocasuarina’s running east / west along the existing paved courtyard. In accordance with the proposed site & layout plan these trees will require removal, not something that Tree Management will object to however these trees should be replaced to compensate for their loss.


Balance of Tree Planting Southern, Western and North Eastern Road ReservesAll of this vegetation is located outside the title boundary of the car park and it is not proposed to conduct any works near them therefore the expectation is held that these trees remain unharmed during the works.SummaryAssuming all of the trees listed within groups 1, 2, and 3 are removed the total number of trees lost is 24.The Planning Report advises that no landscaping is provided for as part of the extension however it is acknowledged that the design response considers the proposed paved mall & future landscaping to be completed by Council.Unless there is a definitive timeframe associated with Council’s proposed works it is requested that Group 1 and Group 2 be shown on all plans as being retained and protected. It is suspected that in order for the development to proceed as proposed that only Group 3 (8 of the 24 trees) need to be removed immediately as they fall within the space to be acquired whilst the remainder can stay until such time that Council instigates its proposed works. Tree Management will consent to the 8 x Allocasuarina trees being removed however it is requested that a contribution be made to Council so that new trees may be replanted in their place as offsets in a suitable location preferably within town centre limits.RECOMMENDED PERMIT CONDITIONSTree removal and replacementThe trees that will be removed to facilitate the construction of the proposed works must be offset using two (4) new trees to be replanted either at the site or a suitable location, to the satisfaction of the Responsible Authority, and maintained for an establishment period of two years at the developer’s expense. The applicant is advised to contact Council’s Parks Unit (5272 4827) to discuss the replacement of the trees. A written quote will be prepared and provided to the applicant and acceptance of the quote must be provided in writing to Council prior to any removal works commencing.

Officer Comment:The comments provided by Council’s Parks Unit are outlined above. Clarification regarding tree retention/removal will be required via amendments to the plans and via conditions on any permit to issue.

Department: Building ServicesResponse: Because it’s adjacent to a road and the park area construction

management plan required. Verandahs may need consent if over the road. Consent for precautions to protect the public during construction.

Officer Comment:Comments from Council’s Building Services Unit are provided above. A condition requiring a Construction Management Plan is proposed to be included in any permit to issue. The advice regarding verandahs and the need for consent will form a relevant part of any building approvals.


Department: Recreation and Open SpaceResponse: All public grass and paved areas disturbed during construction are to be

made good before occupancy.Pedestrian Management Plan required to demonstrate how safe pedestrian access is to be maintained through and around the site, including through the walkway from Hancock Street.

Officer Comment:Comments from Council’s Recreation and Open Space Unit are set out above. Appropriate conditions to address the matters raised will be provided in any permit to issue.

Department: Arts and CultureResponse: It would be great if we can approve the application with a condition that the

developer works with Council (Public Art officer) to develop a public art commission for the wall (to be fully funded by the developer). The Public Art outcome could take the form of a sculptural wall or mural. A clause should also include artist selection and final designs to be completed in consultation with the Public Art Officer.An excellent outcome has been achieved on a large Supermarket concrete wall in Torquay, so there are examples that can be drawn upon.

Officer Comment:Comments from Council’s Arts and Culture Unit are set out above. Appropriate conditions to address the matters raised will be provided in any permit to issue.


AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION:

The application was not amended prior to public notification.

PUBLIC NOTIFICATION

The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken:

Notices were sent to owners and occupiers of adjoining land (including opposite) A3 signs were placed on the land

The public notice for the application occurred alongside another form of public engagement undertaken by Council’s Planning Strategy Unit for the Town Square.

While engagement about the two (2) matters at the same time was important, it did result in some objections being submitted to Planning Strategy as part of their engagement, rather than as an objection to the planning permit application.

To ensure that objections were appropriately treated in accordance with the requirements set out in the Planning and Environment Act 1987, the decision was made to include all submitters to both the planning permit application and the town square engagement, as objectors to the planning permit application.

This ensures that those who lodged a submission will be properly notified and have the opportunity to be involved in the planning permit application process, should they wish to.

It also provides all submitters with a right of appeal to the Victorian Civil and Administrative Tribunal.

OBJECTIONS

As a result of public notice, a total of seventy-eight (78) objections have been received against the granting of a planning permit.

The key issues raised in the objections have been summarised and responded to below:

Objection – Concerns regarding the proposal to seek a reduction in the requirement to provide car parking.

ResponseIn considering an application to reduce or waiver a requirement to provide car parking, the Responsible Authority must have regard to the relevant matters set out in Clause 52.06-7 (Car Parking) of the Greater Geelong Planning Scheme.

In considering these matters and in accordance with the assessment undertaken in this report, there is considered to be an appropriate provision of on-site car parking spaces to cater for the demand for car parking likely to be generated by the activities on the land.


The Car Parking Demand Assessment prepared by Cardno on 7 March 2017 appropriately addresses the likely demand to be generated by the proposed development, along with the relevant matters set out in the planning scheme.

Some objections highlighted inaccuracies with regard to some bus route data, and as such, suggested that the integrity of the Cardno Report had been compromised. By way of a brief response to this issue, the inaccuracies highlighted with regard to bus routes held very limited weight in the overall findings of the car parking demand assessment. As such, it is not considered that the Car Parking Demand Assessment is flawed or inaccurate to the point of being considered invalid.

The findings in the report share very similar views to those provided in the referral response from Council’s Traffic Engineers.

Having regard to the Cardno assessment in its entirety, the comments provided by Council’s own Traffic Engineers, an understanding of the site and its context, and consideration of the relevant matters in the planning scheme, the proposed reduction in the requirement to provide car parking is considered to be appropriate.

A more detailed assessment against Clause 52.06 (Car Parking) of the Greater Geelong Planning Scheme has been provided in this report.

Objection - Concerns regarding the proposal to remove the direct pedestrian access onto the car parking area, limit the internal mall space and re-orientate shops outward, rather than onto the internal mall area.

ResponseThe design principles behind these changes ultimately seek to better activate the public realm and enhance the Drysdale Town Square as a functional and vibrant public space.

The proposed orientation of the development seeks to limit the number of pre-existing entrances to the supermarket and shops, and seeks to aid in the re-activation of the Town Square as a public space.

While continuing to offer an internal mall area, albeit smaller and now providing more of a transitional space, the proposed concept better aligns with urban design principles, which seek to integrate private spaces with the public realm and enhance the connectivity and activation of public spaces.

The increase in distance between the currently available direct access point from the car parking area and the proposed main entrance will add approximately 40 metres for pedestrians. Disabled car parking spaces are not proposed to be removed as part of this planning permit application, which remain to be directly adjacent to the entrance from Wyndham Street, approximately 10 metres.

An independent disability access audit will be required to be submitted via a condition on any permit to issue which can ensure that the external environment and approaches to the development are suitable.

As outlined in the assessment contained in this report, the proposed building orientation appropriately aligns with a number of urban design principles and strategic directions for the Drysdale Town Square, and as such is considered to provide an acceptable planning outcome for the site and for the surrounding area.


Objection - Concerns regarding the impacts to existing traders and shop tenants during construction works associated with the proposed development.

ResponseDisruptions during construction on existing traders within the development site itself are likely to be inevitable, particularly with the shop tenancies being re-arranged. However, it is considered entirely appropriate that a Construction Management Plan (CMP) be provided as a condition on any permit to issue. One of the objectives of the CMP will be to appropriately mitigate any disruptions to shop traders, where practicable.

The permit applicant has agreed to provide a CMP as a condition of any planning permit to issue. Objection - Concerns regarding removal of a Rotary Rotunda in the Drysdale Town Centre.

ResponseThe permit applicant has submitted that one of the plans omitted the rotunda, which lead to concerns regarding prospect of the rotunda to be removed as part the planning permit application.

The permit applicant has responded that there is no intention to remove or impact on the rotunda as part of the works forming part of the planning permit application.

While the retention of the rotunda is a relevant part of the discussions for the Drysdale Town Square Concept, being prepared by Council, it is not proposed to be removed or altered as part of this planning permit application.

For further certainty, an amended plans condition on any permit to issue will require a note on the plans to be provided which states that removal of the rotunda does not form part of the approval being granted.

Objection – Concerns regarding the potential sale of public land in the Town Square.

ResponseThe sale of public land is required to follow its own legislated process under the Local Government Act 1989.

The granting of any planning permit cannot pre-empt the process and decision of the land sale.

It is understood that the land sale process includes a requirement for public notice and consultation which will need to occur in due course.

CONSULTATION

A consultation meeting was not held directly between the objectors and the permit applicant. Given the high number of objections it was not considered that such a forum would be effective in its ability to help resolve the issues being raised. Instead, the permit applicant was encouraged to summarise the key issues raised in the objections and prepare a written response.


On 3 May 2017, the permit applicant submitted a written response to the objections and prepared a revised car parking demand assessment. This correspondence was circulated to all current objectors on 19 May 2017.

In conjunction with Council’s Planning Strategy Unit and presenting a concept plan for the Drysdale Town Square, this planning permit application was presented at a community ‘drop-in’ session at the Drysdale Senior Citizens Centre on 6 July 2016, between 4:30pm and 7:30pm. The details of the application were discussed with various members of the community who attended this session.

In addition to the above, all current objectors received a written invitation to attend a public information session on 12 July 2017 for an overview and discussion on the various elements of the planning permit application. This session provided an opportunity to outline and discuss the key issues being raised in the objections.

AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION

The application was not amended following public notification.

Assessment

The application has been considered against the purpose and decision guidelines set out in the Commercial 1 Zone, the design objectives and requirements set out in Schedule 33 to the Design and Development Overlay, the purpose and decision guidelines set out in the Heritage Overlay, along with the relevant State and Local Planning Policies.

State Planning Policy Framework (SPPF)The proposed development seeks to foster the economic growth of the Drysdale Town Centre by building on its strengths to achieve its economic potential and provide for a net community benefit, which accords with State Planning Policies at Clauses 17 (Economic Development) and 17.01-1 (Business).

The Bellarine Peninsula is strategically identified in Victoria as a distinctive area of state significance with valued characteristics and attributes. The Bellarine Peninsula Localised Planning Statement (2015) is a reference document under State Planning Policy at Clause 11.05-2 (Distinctive Areas of State Significance). The proposed development provides an acceptable response to the framework plan, policy objectives and strategies set out in this statement.

With regard to urban design, Clauses 15.01-1 (Urban Design) and 15.01-2 (Urban Design Principles) of the SPPF are relevant to the consideration of this planning permit application. Overall, the proposed development is considered to enhance and provide for a good quality and functional urban environment, and appropriately responds to its context, in terms of the urban character and the sites natural features.

The following more specific responses can be provided below to the relevant urban design principles at Clause 15.01-1. The responses also draw upon the principles from the Urban Design Guidelines for Victoria (2017) and elements from the Activity Centre Design Guidelines (2005).

Context: Development must take into account the natural, cultural and strategic context of

its location.


The design of the proposed development is considered to have appropriate regard to its context. The design has had appropriate regard and seeks to improve the challenging topography of the land, and will aid in providing a more publically accessible urban environment. The integration of the development with the public realm also has clear regard to the strategic context of the site, being adjacent and within the Drysdale Town Square.

With regard to larger format retail and mall developments, such as the proposed development, the Activity Centre Design Guidelines (2005) provide that:

Malls and large stores, such as supermarkets, are essential to the vitality of many activity centres, but their large expanse and blank rear and side walls can create visual and functional voids within an activity centre and its surrounding area. Poor integration of large stores can also adversely affect an activity centre’s economic and social performance. However, a well-designed mall or large store can enhance the viability of other businesses, promote a high level of street activity and provide a variety of services to the community. The key is to sensitively integrate the development into the context of surrounding uses.

In terms of having appropriate regard to its context, the design of the proposed development is considered to appropriately respond to this urban design principle.

The Public Realm: The public realm, which includes main pedestrian spaces, streets, squares,

parks and walkways, should be protected and enhanced.

The design and layout of the proposed development intentionally seeks to increase pedestrian activity within the Town Square and help provide a more attractive and functional public environment.

In terms of protecting and enhancing the public realm, the design of the proposed development is considered to appropriately respond to this urban design principle.

Safety: New development should create urban environments that enhance personal

safety and property security and where people feel safe to live, work and move in at any time.

While some elements of the design will enhance personal safety, particularly with the increased passive surveillance in the Town Square, there is acknowledged to subsequently be some decreased surveillance of the main car parking area, and the retention and lengthening in the uninviting pedestrian link between the supermarket, town square and senior citizens centre.


Figure 8: Annotated interfaces to Benefit from Public Art/Landscaping (marked in red by Planner) (Source: Application Documents)

The difficulties lie in these both being pre-existing conditions associated with the existing building on the land.

Figures 9 & 10: Uninviting pedestrian link (Source: Drysdale UDF)

In terms of the pedestrian link, the key opportunity to improve this interface will ultimately be as part of any redevelopment of the senior citizens building, as envisaged by the Drysdale UDF.

However, there is considered to be a reasonable nexus established between the proposed development and the need for the design to incorporate some enhancement of this particular interface between the site and the public realm. The incorporation of


public artwork along this particular blank wall interface will provide an acceptable design response to be incorporated into a public art plan, and via a condition on any permit to issue.

While not directly addressing the element of public safety within the pedestrian link, the aesthetic improvements will provide a more attractive environment along the pedestrian link and provide some perception of safer and more inviting public area.

Similarly, while re-directing of the building entrance away from the main car park area provides an improved urban design response, there is some subsequent need to consider public safety within the car park with the decreased direct surveillance opportunities.

While it is acknowledged that the car parking area is privately owned and is not an area of public open space, the car parking area itself is still frequently accessed by the public.

It is also acknowledged that this interface of the development with the car parking is predominantly a pre-existing condition on the land. The proposed alterations to the development will provide for some ground floor windows facing out on to the car park from one of the speciality retail tenancies, however it is acknowledged that this surveillance will be limited and may not be during night time hours when it’s likely that the supermarket will be continuing to operate.

Similar to the proposed response to the eastern wall interface, aesthetic improvements to this wall would also help address the appearance of the blank wall with the car parking area, and provide a more attractive environment within the car park. The combined incorporation of green wall landscaping or a similar wall treatment, combined with the display of public artwork along this wall, will significantly improve its visual interface with the car parking area and nearby viewpoints.

A similar interface treatment was achieved at the nearby recent Coles development on Murradoc Road, Drysdale, whereby a ‘green wall’ is proposed along a sensitive interface with residential properties.


Figures 11 & 12: Green Wall Concept (Source: Endorsed Plans for Coles Drysdale)

Other elements of the design of the proposed development are considered to appropriately respond to the urban design principle relating to safety.

Pedestrian Spaces Design of interfaces between buildings and public spaces, including the

arrangement of adjoining activities, entrances, windows, and architectural detailing, should enhance the visual and social experience of the user.

Notwithstanding the interfaces that need to be improved, as mentioned under the safety principle, the proposed development will provide for better activation of the Town Square, particular with its redeveloped southern interface.

The increase in more active visual engagement between shop frontages and the public areas, and the ‘wrapping’ of supermarket edges with smaller scale uses that have active frontages (ie. speciality shops and cafes) are encouraged by the relevant urban design objectives and guideline documents.

The proposed development will also be required to adopt appropriate ground and floor levels to ensure that the building can provide a more accessible pedestrian interface with the Town Square, and any future redevelopment of the public areas.

Figures 13: Southern Elevation (Source: Application Documents)

Heritage: New development should respect, but not simply copy, historic precedents and

create a worthy legacy for future generations.

As per the comments received from Council’s Heritage Advisor, there are not considered to be any adverse impacts associated with the proposed development on any significant heritage places.

Light and Shade: Enjoyment of the public realm should be enhanced by a desirable balance of

sunlight and shade.


This balance should not be compromised by undesirable overshadowing or exposure to the sun.

The scale of the proposed development will retain an acceptable balance of sunlight and shade over the Town Square.

Energy and Resource Efficiency: All building, subdivision and engineering works should include efficient use of

resources and energy efficiency.

The existing building and its redevelopment are predominantly south facing with very limited access to northern sunlight. However, given the nature of the expansion and its limited ability to change pre-existing site conditions, the proposed development incorporates the necessary response to this urban design principle. The development is also not seeking to provide for a habitable land use.

Architectural Quality: New development should achieve high standards in architecture and urban

design. Any rooftop plant, lift over-runs, service entries, communication devices, and

other technical attachment should be treated as part of the overall design.

The design of the proposed development provides for a typical contemporary supermarket design which achieves an acceptable standard in architecture and urban design.

The design of the proposed fire service pump room will be required to be appropriately treated so as to be less visually dominant and better respond to the streetscape. The use of lightweight materials such as timber cladding will be recommended. Significant landscaping around this pump room will also be required as a condition on any permit to issue.

Landscape Architecture: Recognition should be given to the setting in which buildings are designed and

the integrating role of landscape architecture.

Landscaping plans will be required to be submitted which enhance areas of the subject site with additional landscaping, as appropriate and where there is a reasonable nexus with the proposed development.

Local Planning Policy Framework (LPPF)Council’s MSS at Clause 21.14 (Bellarine Peninsula) provides specific strategies for Drysdale, while also providing overarching objectives for development across the Peninsula.

Relevant to this proposal, the planning strategies for Drysdale identify the need to reinforce the Drysdale town centre as the primary retail centre for the township.

Clause 21.14 (Bellarine Peninsula) also references the Drysdale Urban Design Framework (2012) as a relevant planning document which informs decision makers on the direction for future development and growth, particularly within the Drysdale Town Centre.


The Urban Design Framework (UDF) identifies the subject land as a key development site which has the ability to enhance public linkages with the town as well as provide a range of improved services for residents of both Drysdale and Clifton Springs.

With regard to the Town Square, the UDF provides a lot of the strategic framework and background which supports the concept of the proposed development, including:

The Town Square is located in the centre of the study area and is a key development site which has the potential to provide a meeting place and focal point for the town. The Town Square has the potential to link the eastern and western sides of town. The Town Square provides a public meeting space for the community but is underutilised because of its lack of seating, changing surface levels and lack of opportunity for interaction and socialising…

… Many of the buildings which surround the square have a poor relationship with the square with varying levels, landscaping and poor building design reducing the amount of activity on the edge of the square…

… It is important that any redevelopment abutting the town square is carried out in a way that enhances the functionality and appearance of the square. There are a number of key land uses abutting the square which if redeveloped have the potential to transform the square…

… The operators of the existing Woolworths Supermarket have indicated a need and desire to expand. A possible option would be to expand into the internal arcade and provide speciality shops fronting directly onto the square. These could be at the same level as the square which would help activate the square more effectively than current lower level cafes which open onto a lower level amphitheatre.

More specifically, the UDF provides the following objectives which are relevant to the proposed development:


To improve the appearance and presentation of the Town Square New development should have active frontages to the square. First and second storey development should provide natural surveillance of the

square. New development should be of contemporary design by sympathetic to the

heritage characteristic of the town centre though the use of parapets, roof design, heights and setbacks.

To retain the town square as the focal point of the town Provide public seating and lighting within the square Provide deciduous trees adjacent to seating which would encourage people to

visit the town square for a longer period of time. Provide visual interest to the square through the use of public art. Create a meeting place for the public by providing café and restaurant uses. Encourage the development of a large paved plaza within the Town Square

where public events could occur.

To increase the level of activity occurring within and around the town square Encourage the redevelopment of the supermarket so that pedestrian access to

the supermarket and shops can be provided at grade to the Town Square. Ensure that the redevelopment of the supermarket site creates new speciality

shops that have primary access via the town square. Reconfigure the western end of the Town Square to create an open paved plaza

where public events could occur Encourage the development of speciality shops and offices along the northern

boundary of the supermarket site fronting Hancock Street. Encourage café and restaurant uses within the town square Encourage the redevelopment of the senior citizens building to include public

meeting spaces and a new library which opens up to the square.

To ensure the town square is easily accessible to all members of the community Reduce the gradient of the square so that the use of ramps is minimised and

visual connections can be achieved between the eastern and western end of the square.

Provide footpaths within the town square which provide access through the square and direct pedestrians to nearby shops and pedestrian linkages.

To improve linkages to and from the town square Provide lighting and wayfinding signage directing pedestrians to places of

interest within and adjacent to the town square.

It is considered that the proposed development and the various design elements appropriately adopt the relevant objectives and design statements set out in the Drysdale Urban Design Framework (2012).

The design, siting and appearance of the proposed development is also unlikely to inhibit any redevelopment or improvements to public areas in the Drysdale Town Square which may by appropriately planned for and occur in due course.

Commercial 1 ZoneOne of the primary purposes of the Commercial 1 Zone seeks to create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

The proposed development seeks to actively integrate many of these pre-existing elements into the Drysdale Town Square.


The design of the proposed development incorporates verandahs and improved active frontages to pedestrian areas, all of which appropriately respond to relevant decision guidelines set out in the zone.

Heritage OverlayReiterated in the advice provided from Council’s Heritage Advisor, while the site is located within a heritage precinct, the existing supermarket building has no heritage value and it’s highly recessive location will have no adverse impacts on the significant heritage building stock within the wider precinct.

The proposed development is also considered to appropriately respond to the objectives set out in Council’s Local Planning Policy at Clause 22.14 (HO1620: Drysdale Commercial Heritage Area).

Design and Development Overlay – Schedule 33Schedule 33 to the Design and Development Overlay provides statutory requirements that build upon the objectives and guidelines as set out in the Drysdale Urban Design Framework (2012).

The proposed development provides an appropriate response to the design objectives set out in the schedule. In particular, the proposed development will improve the appearance, usability and function of the town square and provide for more activated retail frontages.

All buildings and works should comply with the requirements set out in the schedule, as relevant. The following responses can be provided to the relevant requirements below:

DDO33 Requirements ResponseGeneral RequirementsBuildings should be up to three storeys in height where the third storey is recessive and does not visually dominate the streetscape or public realm.

Minimal change in overall building heights proposed.

While forming part of a key development site within the Town Square, this is not considered to result in any unreasonable visual dominance or overpowering built form outcomes within the streetscape or public realm.

The alterations/extensions to the existing building are not considered, in themselves, to be visually dominant in the streetscape or public realm.


New development should be of a contemporary design, which is sympathetic to the height, siting and appearance of existing buildings.

While providing a contemporary adaptation to the established built form characteristics in and adjacent to the Town Square, the proposed development is considered to provide an acceptable design response which is sympathetic to the prominent design elements in the area.

The height, siting and appearance of the proposed development will appropriately complement the existing buildings within and adjacent to the Town Square.

New development should not dominate buildings of significant heritage value.

The highly recessive location of the proposed development will have no adverse impacts on the significant heritage building stock within the precinct.

New development should include verandahs.

The design of the proposed development appropriately incorporates verandahs along its full interface with the Town Square.

New and existing development should create active frontages at ground floor level through the use of glazing and the location of entry and exit points and provide opportunities for passive surveillance of car parking areas and streets.

The design of the proposed development incorporates an improved active interface with the Drysdale Town Square.

Entry and exit points for the development will be consolidated, however this will provide for a more active frontage and direct people into the Town Square.

Surveillance of the existing car parking area will be retained but may be somewhat reduced due to the removal of the direct entrance, however, the car parking area does retain some passive surveillance from a number of different locations around the subject site.

Subject to conditions relating to the aesthetics and appearance of the proposed development, this space will retain an acceptable level of surveillance and activation.


Site layout should provide safe legible pedestrian routes which link car parking areas to the town centre.

The proposed development provides for the retention and enhancement of pedestrian routes which provide links to the Town Square.

New line-marking is proposed within the current on-site car parking area in order to help provide safety pedestrian access.

Other pedestrian access along the site frontage provides appropriate connections.

A relevant permit condition for a disabled access report will be recommended to be included in any permit to issue.

This report will inform any design changes to ensure that the development is accessible to people with disabilities.

Development should be sited to provide opportunities for landscaping adjacent to public spaces.

Opportunities for additional landscaping do exist beside areas of the proposed development.

An appropriate permit condition will be recommended for the provision of a landscape plan.

Car ParkingCar parking should be consolidated where possible and located to the side or rear of buildings and have minimal impact on the streetscape.

No new car parking areas are proposed as part of the development.

Re-design of the car park was explored with the applicant and would result in a further decrease in available on-site car parking. The potential configuration would also result in additional traffic conflict points.

The application proposes some improvements to traffic management within the car parking area, including speed humps and some pedestrian line marking.

Town Square PrecinctRedevelopment of the supermarket and speciality shops should provide at grade pedestrian access to the Town Square.

The requirement for the proposed development to provide appropriate levels with the Town Square has been considered in detail by Council’s Capital Projects Unit and Engineers.

Plans depicting these compatible levels


will be required to be provided via relevant conditions to be included in any permit to issue.

Redevelopment of the supermarket should improve its address to Hancock Street.

The proposed redevelopment of the supermarket does not propose to extend over the parts of the site which address Handock Street, other than the proposed fire service pump house.

Improvements to the pump house will be required to be incorporated into the design, including lightweight building materials and landscaping.

Advertising SignsThe scale, form and proportion of proposed advertising signage associated with the development is considered to be compatible with the host building and with the streetscape and Town Square.

Council’s Advertising Sign Guidelines (November 1997, Amended October 2014) remains to be an incorporated document in the planning scheme and does need to be considered in accordance with Section 6(2) (j) of the Planning and Environment Act 1987.

The incorporated document provides specific guidelines and controls for the display of signage within the Drysdale Commercial Area. Many surrounding retail buildings incorporate a consistent signage theme which reflects the village characteristics.

Figure 14: Signage adopting standard sign format for Drysdale Commercial Area (Source: Planner Site Photo)

While the proposed development provides for a contemporary adaptation to the pre-existing design elements associated with other buildings adjacent to the Town Square, this particular signage characteristic should be appropriately respected and incorporated into the design of any proposed advertising signs.


Figure 15: Standard Sign Format (Source: COGG Advertising Sign Guidelines)

With the corporate logo format for the Woolworths will predominantly be remaining on the building, or being re-located and re-built on parts of the elevations, it is not considered reasonable to require the adoption of this standard for the Woolworths signage.

However, it is considered appropriate that all signage for the speciality stores generally incorporate this style and the nominated dimensions. A permit condition for amended plans to show this level of detail has been recommended.

Car ParkingThe application is seeking a reduction in the number car parking spaces required under Clause 52.06-5 of the planning scheme.

The reduction being sought equates to thirty-one (31) car parking spaces.

In deciding whether the reduction is appropriate, the Responsible Authority must consider the following, as appropriate and in accordance with Clause 52.06-7 of the Greater Geelong Planning Scheme:

The Car Parking Demand Assessment (Cardno, 7 March 2017). The availability of alternative car parking in the locality of the land, including:

o Efficiencies gained from the consolidation of shared car parking spaces;o Public car parks intended to serve the land;o On-street parking in non-residential zones; ando Streets in residential zones specifically managed for non-residential

parking. On-street parking in residential zones in the locality of the land that is intended to

be for residential use. The practicality of providing car parking on the site. Any adverse economic impact a shortfall of parking may have on the economic

viability of any nearby activity centre. The future growth and development of any nearby activity centre. Any car parking deficiency associated with the existing use of the land. Any credit that should be allowed for car parking spaces provided on common

land or by a Special Charge Scheme or cash-in-lieu payment. Local traffic management in the locality of the land.


The impact of fewer car parking spaces on local amenity, including pedestrian amenity and the amenity of nearby residential areas.

The need to create safe, functional and attractive parking areas. Access to or provision of alternative transport modes to and from the land. The equity of reducing the car parking requirement having regard to any historic

contributions by existing businesses. The character of the surrounding area and whether reducing the car parking

provision would result in a quality/positive urban design outcome. Any other relevant consideration.

Notwithstanding the car parking requirement that is prescribed by the planning scheme and that a reduction is being sought, it is relevant as part of this assessment to consider the likely increase in car parking to be generated by the proposed development.

The established Woolworths supermarket is highly likely to continue to operate on the land if a permit is granted, albeit with a net increase in the overall leasable floor area for the supermarket by 500sqm. This equates to a 15.5% increase in the supermarket floor area. The increase in shop area equates to an increase in 205sqm.

In reality, the operation of the Supermarket as a result of the increase in leasable floor area is likely to provide a better service to its current pre-existing customer base, rather than result in a significant increase in its catchment and the subsequent increased demand for on-site car parking.

The surveys conducted by Cardno, along with the various on-site inspections undertaken by the officer do acknowledge that occupancy rates within the car park reach capacity, especially during the morning between 10am and 11am. However, there remains to be an adequate supply of overflow publically available car parking spaces in the immediately surrounding area to cater for any shortfall in on-site car parking during this time.

Multi-purpose trips are likely to occur within the centre, meaning that some people are likely to park on-site but visit a number of different land uses within the area associated with a single car trip. This further decreases the likely demand for car parking to be generated.

It is somewhat relevant to also note that there are three (3) recently constructed supermarkets (including another Woolworths) within a 2 kilometre radius of the subject site. In May 2017, the recent nearby Coles Supermarket also started operating.

It is relevant to note that the on-site parking occupancy survey was undertaken by Cardno well prior to this new supermarket opening in the area.


Figure 16: Subject Site (Red) and Nearby Supermarkets (Green) (Source: Council Mapping)

Inevitably one can reasonably assume that the availability of additional supermarkets within a limited customer catchment area may be likely to somewhat alleviate the demand for car parking associated with the subject site, rather than exacerbate any pre-existing parking problems.

Having regard to the Cardno assessment in its entirety, the comments provided by Council’s own Traffic Engineers, an understanding of the site and its context, and consideration of the relevant matters in the planning scheme, the proposed reduction in the requirement to provide car parking is considered to be appropriate. The subject site is considered to provide an acceptable number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. It is also not considered that any increases in on-site parking demand at times will adversely affect the amenity of the locality.

Bicycle FacilitiesThe Cardno Report also provides a relevant assessment of the Bicycle Parking requirements at Clause 52.34 of the Greater Geelong Planning Scheme.

The increase in supermarket and shop floor area results in a requirement for one (1) additional on-site bicycle parking space. The application is proposing to provide six (6) bicycle spaces, albeit that some are proposed to be provided by the developer but on public land.


In reviewing the site as a whole and in light of the proposed car parking reduction, it is considered highly appropriate that opportunities for bicycle facilities be maximised as part of any redevelopment of the site.

If reviewing the current bicycle parking provisions against the pre-existing and proposed conditions on the land, rather than the expanded development in isolation, the following provision for on-site bicycle parking would be required:

Shops (541sqm) – 1 employee bicycle space and 1 visitor spaceCafé (90sqm) – no requirementSupermarket (3210sqm) – 5 employee bicycle spaces and 6 visitor bicycle spaces

On this basis, it is considered appropriate in this instance to require the provision of at least six (6) appropriately located employee bicycle spaces and at least seven (7) customer/visitor bicycle spaces.

Legislative Issues

The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application.

Conclusion

The proposed development, reduction in car parking and display of signage associated with the subject site is considered to satisfy the relevant State and Local Planning Policy Framework, along with the purpose and decision guidelines outlined in the zone, and the objectives and requirements set out in the relevant overlays.

The assessment of the application has required careful consideration of planning policy provisions which seek to provide for good urban design and urban environments to support the social, cultural and economic wellbeing of communities and their towns.

The relevant strategic planning work already undertaken for the Drysdale Town Centre, particularly the Drysdale UDF, has provided the necessary assessment framework for considering the planning permit application.

The proposed development has had appropriate regard in its design to the UDF and the overarching urban design principles and objectives.

Other components of the planning permit application, including the reduction in car parking and display of signage, have been appropriately considered against the relevant provisions that are set the Greater Geelong Planning Scheme.

Overall, the proposal provides for a contemporary, but site responsive design, which will positively contribute towards the ongoing activation and enhancement of the Town Square, providing for a net community benefit.

Therefore having assessed the proposal against the relevant provisions in the Greater Geelong Planning Scheme, it is recommended that the application be supported and a Notice of Decision to Grant a Planning Permit be issued subject to conditions as outlined in this report.


Application No: PP-480-2016

Applicant: Michael Higgins Building Design

Subject Land: 21 Hodgson Street, OCEAN GROVE

Owner: Gregery Park Pty Ltd

Zone: Mixed Use Zone

Overlays: Design and Development Overlay (Schedule 40)

Existing Use: Dwelling

Proposed Use: Development of the Land for a Three Storey Building Comprising Eight Dwellings, Three Shops, Subdivision of the Land into Eleven (11) Lots, a Reduction in the Standard Carparking Requirements contained in Clause 52.06 and a Waiver of the Loading/Unloading Bay Requirements Contained in Clause 52.07

21 HODGSON STREET, OCEAN GROVE

Indicates Objectors. Due to the map size, not all objectors have been identified.

Subject Site


Summary The subject site known as 21 Hodgson Street has a frontage to Hodgson Street of

20.17 metres and an overall site area of 811 square metres. The title comprises two lots.

The site currently contains a single storey dwelling with a vehicle access on the north side of the Hodgson Street frontage.

The subject land is zoned Mixed Use and is affected by the Design and Development Overlay, Schedule 40. The site is also located in an increased housing diversity area.

The proposal seeks the development of the land for a three storey building comprising eight dwellings, three shops, subdivision of the land into eleven (11) lots, a reduction in the standard carparking requirements contained in Clause 52.06 and a waiver of the loading/unloading bay requirements contained in Clause 52.07.

The application was amended before advertising on two occasions – 21 December 2016 and 11 May 2017.

The application was advertised by way of a sign on site and letters to owners and occupiers of adjoining and nearby land. As a result of the advertising, seven objections were received. The objections related to overlooking, increase in traffic, insufficient car parking, the three storey scale and noise. A consultation meeting was held on 25 July 2017. There were no agreed outcomes or withdrawal of objections.

Since the application was lodged in early 2016 there has been two significant planning scheme amendments that affected the site and the application. On 8 December 2016 Amendment 346 introduced the Design and Development Overlay, Schedule 40 (DDO40) for which there was no transition provision. On 13 April 2017, VC136 was introduced which included the new apartment building provisions (Clause 55.07 and Clause 58). Due to the application being amended after the introduction of VC136, the application lost the transition provision rights. Therefore Clause 55.07 is of relevance to this application.

The application has been assessed against the relevant state and local planning policy, including the DDO40, Clauses 55, 52.06 and 52.07 and it is considered that the proposal is appropriate for the subject site, subject to conditions. Therefore, the officer recommendation is one of support and the recommended conditions are outlined below.

Moved: Melissa Garrett Seconded: John BryceThat the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to issue a Notice of Decision to Grant a Planning Permit for the Development of the Land for a Three Storey Building Comprising Eight Dwellings, Three Shops, Subdivision of the Land into Eleven (11) Lots, a Reduction in the Standard Carparking Requirements contained in Clause 52.06 and a Waiver of the Loading/Unloading Bay Requirements Contained in Clause 52.07 at 21 Hodgson Street, OCEAN GROVE in accordance with the plans submitted with the application and subject to the following conditions:


DEVELOPMENT

Amended Plans

1. Prior to the development commencing three (3) copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the advertised plans received on 11 May 2017 but modified to show:

a) Amended plans and a report prepared by a suitable qualified person to demonstrate how the design response results in a cooling load for Climate Zone 64 (Cape Otway) of no more than 19 MJ/M2 in accordance with Standard 35 of Clause 55.07-1 (Energy efficiency) of the Greater Geelong Planning Scheme. Any changes to external windows must comply with Standard B22 of Clause 55.04-5 (Overlooking).

b) Amended plans to demonstrate at least 50 per cent of dwellings meet the requirements of Standard B41 of Clause 55.07-7 (Accessibility). The plans are to include dimensions and a written report to accompany the plans, prepared by a suitably qualified person demonstrating how the standard has been met.

c) A waste management plan in accordance with Condition 5 of this permit.

d) An amended site plan to show the following:(i) any changes to the waste bins or waste bin storage area in

accordance with recommendations in the waste management plan;

(ii) lighting along the vehicle accessway and carpark area;(iii) any mechanical plant (including heating/cooling condensers) on

the ground level or on walls must not be located close to bedroom windows of dwellings on adjoining land or habitable rooms of the proposed apartment and not seen from Hodgson Street

(iv) the garden beds in the front setback increased in depth an additional 250mm.

e) A landscape plan in accordance with condition 3 of this permit.f) All balconies to have a minimum width of 2.0 metres. This is to be

achieved without reducing setbacks to the boundaries.Endorsed Plans

2. The development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority.


Landscape Plan

3. Prior to the development commencing, three (3) copies of a landscape plan for the whole site, prepared by a suitably qualified or experienced person, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale and show:

a) An outline of the building (no internal layout plan).b) the location of entrances, accessways and carpark area.c) Garden bed areas identified and delineated and to reflect the site plan.d) Three small trees located within the front setback and rear car park

area; the genus and species selected based on its suitability for soil volume available.

e) A planting schedule of all proposed trees, shrubs and ground covers including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority.

Maintenance of Landscaping

4. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are replaced.

Waste Management Plan

5. Prior to the development commencing, three (3) copies of a Waste Management Plan, prepared by a suitably qualified or experienced, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and form part of the permit. The Waste Management Plan must address the following:

a) how the commercial and residential waste storage will be managed to ensure complete separation of the residential and commercial waste facilities;

b) the collection contractors to be used, eg. council, private or a combinationc) land use type;d) waste generation;e) waste systems;f) bin quantities, size and colour for each service and use;g) collection frequency;h) bin storage;i) collection location;j) scaled drawings of bin storage area for storage;k) presentation areas residential bins;m) additional waste requirements; n) signage and material for ongoing education for occupiers of

development;



No Rooftop Equipment

6. No equipment or plant, services, architectural features or structures of any kind, including telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

Drainage

7. The site must be drained to the satisfaction of the Responsible Authority and no concentrated storm water may drain or discharge from the land to adjoining properties.

8. The site stormwater system must be designed and installed such that:

a) The site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required;

b) Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the Responsible Authority. The Water Treatment Facility must be maintained to the satisfaction of the Responsible Authority.

Prior to Occupation of the Development

9. Unless otherwise approved in writing by the Responsible Authority, prior to the occupation of the development, the developer must:

a) Construct the stormwater system into the underground drain in Hodgson Street, or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with the City of Greater Geelong Standard Drawings.

b) Construct the vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong and remove any redundant vehicular crossings with kerb and channel and the footpath/nature strip area reinstated to match existing construction in the street.

c) Construct and drain the common property accessway and carpark and surface with an all-weather sealed coat and linemark the carparking spaces and accessway in accordance with the endorsed plans.

d) Clean and finish all external walls on or facing property boundaries.e) Complete all buildings and works including landscaping as shown on

the endorsed plans.

all to the satisfaction of the Responsible Authority.


SUBDIVISION

Endorsed Plan

10. The layout and site dimensions of the proposed subdivision as shown on the endorsed plan(s) shall not be altered or modified without the written consent of the Responsible Authority. There are no requirements to alter or modify the endorsed plan if a plan is certified under the provisions of the Subdivision Act 1988 that is generally in accordance with the endorsed plans.

Telecommunications

11. The owner of the land must enter into agreements with:

a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and,

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network (NBN) will not be provided by optical fibre.

Prior to Certification

12. The Plan of Subdivision submitted for certification must include all easements deemed necessary to protect existing or future drainage lines within the subject site, and any easements required between the subject site and the nominated legal point of discharge to the satisfaction of the Responsible Authority.

Prior to Statement of Compliance

13. Unless otherwise approved in writing by the Responsible Authority, prior to the issue of Statement of Compliance, the developer must:

a) Construct the stormwater system into the underground drain in Hodgson Street, or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with the City of Greater Geelong Standard Drawings;

b) Construct the vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong and remove any redundant vehicular crossings with kerb and channel and the footpath/nature strip area reinstated to match existing construction in the street;

c) Construct and drain the common property accessway and carpark and surface with an all-weather sealed coat and linemark the carparking spaces and accessway in accordance with the endorsed plans.



14. Unless otherwise approved in writing by the Responsible Authority, prior to the issue of the Statement of Compliance:

a) The development approved by Planning Permit 480/2016 must be substantially completed (eg. lockup stage as a minimum) in accordance with the endorsed plans forming part of that Planning Permit (or any amendment to that permit) to the satisfaction of the Responsible Authority. Evidence must be submitted which demonstrates that the development is substantially completed to the satisfaction of the Responsible Authority;or

b) The owner of the land must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 which provides for all development to be in accordance with the endorsed plans forming part of the Planning Permit 480/2016 (or any amendment to that permit) or any subsequent Planning Permit.

The owner must pay the costs of preparation, review, execution and registration of the agreement and the agreement must be registered on the newly created title/s. The Section 173 Agreement may be ended by the Responsible Authority at the written request of the owner and at no cost to Council.

15. Prior to the issue of the Statement of Compliance, the owner of the subject land must pay to the Council a sum equivalent to five (5) per cent of the site value of all of the land in the subdivision as a Public Open Space contribution pursuant to the Schedule to Clause 52.01 (Public Open Space Contribution and Subdivision) of the Greater Geelong Planning Scheme.

16. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a) a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the item; and,

b) a suitably qualified person that fibre ready telecommunications facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

POWERCOR

17. The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.


18. The applicant shall:-

a) Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

b) Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

c) Any buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

d) Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

e) Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. Alternatively, at the discretion of Powercor Australia Ltd a lease(s) of the site(s) and for easements for associated powerlines, cables and access ways shall be provided. Such a lease shall be for a period of 30 years at a nominal rental with a right to extend the lease for a further 30 years. Powercor Australia Ltd will register such leases on the title by way of a caveat prior to the registration of the plan of subdivision.

f) Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Power Line” pursuant to Section 88 of the Electricity Industry Act 2000.

g) Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots.

h) Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey.

i) Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

j) Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

BARWON WATER

General

19. The certified plan must create implied easements under Section 12 (2) of the Subdivision Act, over all proposed existing water and sewerage works within the subdivision.


20. The plan of subdivision must be referred to Barwon Water in accordance with the Subdivision Act 1988 and any subsequent amendments to the plan provided to Barwon Water.

21. The creation of an Owners Corporation to encumber all lots within the subdivision.

Water 22. The provision and installation of individual water services including meters

to all lots in the subdivision. A dimensioned plan showing location of all meters relative to the allotment boundaries, and its number(s), is to be submitted. Note that tappings and services are not to be located under existing or proposed driveways.

23. The provision of a master meter and sub meters are required to service all lots in the subdivision. An ‘Application to fit meters’ is required to be completed and submitted by the licensed plumber who will be undertaking these works. This application must include a dimensioned plan indicating the location of all meters relative to existing and proposed allotment boundaries. These submeters will be installed by Barwon Water after the plumber has advised of completion of these preparatory plumbing works and that the meters can be installed. This application form can be downloaded via www.barwonwater.vic.gov.au - Business Customers – Property Connections. Works must not commence until written approval has been issued and all fees paid.

24. The payment of New Customer Contributions for water for each additional connection which includes any new lot on a plan of subdivision and/ or any apartment, unit, or premises within the development that is or can be separately metered for water supply.

25. An additional tapping(s) is to be supplied to service the proposed development. A dimensioned plan showing location of all new tappings relative to the allotment boundaries is to be submitted, where a meter is not being fitted. Note that tappings and services are not to be located under existing or proposed driveways.

26. Barwon Water’s records indicate that an existing water service and meter is located on this property. A dimensioned plan showing the location of existing meters, and the location of the meter relative to the existing boundaries, and its number, is to be submitted. Private water service pipes are not permitted to cross allotment boundaries and must be plugged and abandoned at the boundaries of such allotments.

Sewer

27. The provision of sewerage services to all lots in the subdivision. Individual allotment house connection drains are to be provided for and extend into each allotment. Note that if any common drain or drain from another allotment crosses under a proposed dwelling, a "modification to consent" is to be obtained from the Victorian Building Association and presented to Barwon Water with the required drainage plan. It should be noted that the property service sewer drain remains the responsibility of the property owner(s).

http://www.barwonwater.vic.gov.au/


28. The payment of New Customer Contributions for sewer for each additional connection which includes any new lot on a plan of subdivision and/ or any apartment, unit, or premises within the development that is or can be separately metered (for water supply).

29. The provision of a separate sewer connection branch to all lots within the subdivision and/or the replacement of the existing end of line with a Sewer Maintenance Shaft (SMS). Note that the SMS is to be constructed by a certified/licensed plumber. A list of certified/licensed plumbers can be provided upon request.

Note: The developer is to apply to Barwon Water for details relating to costs and conditions required for the provision of water supply and sewerage services to the subdivision. It would be appreciated if all communication between the developer/agent and Barwon Water quote Barwon Water reference number L013992.

DOWNER

30. The plan of subdivision submitted for certification must be referred to AusNet Services in accordance with Section 8 of the Subdivision Act 1988.

EXPIRY

Development

31. This permit as it relates to the development of buildings will expire if one of the following circumstances applies:

a) The development of the building(s) hereby approved has not commenced within two (2) years of the date of this permit.

b) The development of the building(s) hereby approved is not completed within four (4) years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or

a) Within six (6) months after the permit expires where the development has not yet started; or

b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry.

Subdivision

32. This permit as it relates to subdivision will expire if one of the following circumstances applies:

a) The plan of subdivision has not been certified within two (2) years of the date of this permit.

b) A statement of compliance is not issued within five (5) years of the date of certification.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six (6) months afterwards as it relates to (a) above.


NOTES:

Inspection Fees1. Construction of the site stormwater connections is to be inspected by

Council Representative at various stages. An appropriate fee equivalent to 3.25% of total cost of civil works, excluding GST (a minimum fee of $100 applies if the 3.25% amount is less than $100), is to be paid to Council for inspection. Relevant evidential documentation of the cost is to be provided.

Drainage Plans2. The construction of any new Council asset shall be undertaken in

accordance with approved plans designed in accordance with the Infrastructure Design Manual with construction in accordance with Council’s standard procedures. Fees as specified under the Subdivision Act shall apply.

Drainage3. All internal property drainage must be designed and constructed to satisfy

AS/NZS 3500.

Vehicle Crossing Permit4. A Vehicle Crossing Permit must be obtained prior to commencement of

works.Carried

ReportPermit Triggers

A planning permit is triggered for this application pursuant to the following clauses of the Greater Geelong Planning Scheme:

Mixed Use Zone

Pursuant to Clause 32.07-4, a permit is required for the construction of two or more dwellings on a lot.

Pursuant to Clause 32.07-2, a permit is required to subdivide the land.

Design and Development Overlay (Schedule 40) Pursuant to Clause Schedule 40 of Clause 43.02, a permit is required to construct a

building or construct or carry out works.

Clause 52.06 – Car parking

Pursuant to Clause 52.06-3, a permit is required to reduce the number of required car parking spaces.

Clause 52.07 – Loading/Unloading

Pursuant to Clause 52.07, a permit is required to reduce or waiver the loading bay requirements.


Definition and Nesting

Pursuant to Clause 74 of the Planning Scheme a dwelling is defined as:

A building used as a self-contained residence includes:a) a kitchen sink;b) food preparation facilitiesc) a bath or shower; andd) a closet pan and wash basin.

It includes outbuildings and works normal to a dwelling.

Pursuant to Clause 75.01 of the Planning Scheme a dwelling is nested in the Accommodation group.

Pursuant to Clause 72 an apartment is defined as a dwelling located above the ceiling level or below the floor level of another dwelling and is part of a building containing two or more dwellings.

Subdivision is not defined or nested in the Planning Scheme. A lot is defined as a part (consisting of one or more pieces) of any land (except a road, a reserve, or common property) shown on a plan, which can be disposed of separately and includes a unit or accessory unit on a registered plan of strata subdivision and a lot or accessory lot on a registered plan.

Subdivision is defined in the Subdivision Act 1988 as the division of land into two or more parts which can be disposed of separately.

Restrictive Covenant/Section 173 Agreement/Title Details:

The subject site is burdened by Restrictive Covenant 275592. The covenant relates to the manufacture and sale of any malted spirituous or vinous liquors.

The proposal will not breach the restrictive covenant as the proposal does not include the manufacture or sale of alcohol. Cultural Heritage Management Plan (CHMP)

The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. The subject site is not located in a known Area of Cultural Heritage Sensitivity.Therefore there is no known requirement for a Cultural Heritage Management Plan.

Coastal Inundation and Erosion

Clause 13.01-1 of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change.


Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in

100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill).

Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change.

Consider the risks associated with climate change in planning and management decision making processes.

The subject site is located within close proximity of existing urban development.

Council’s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at 2040.

Landfill Gas Risk Assessment

Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have

on the use or development [S 60(1) of the PEA]. Clause 13.01-1 of The State Planning Policy Framework which aims to ensure that

potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

The EPA has adopted the “Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills” (September 2010) or “Landfill BPEM.”.

The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive

land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste.

Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated.

All buildings and structures and associated infrastructure should be considered.

The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required.

Officer Direct or Indirect Interest:

No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act.

Site/Locality

The subject site is located on the east side of Hodgson Street and has a west-east orientation. The site is located between The Parade to the south and The Avenue to the north.

The site has a frontage to Hodgson Street of 20.17 metres side lengths of 40.23 metres and an overall site area of approximately 811 square metres and consists of two lots.


The land is relatively flat and contains a single storey dwelling and outbuildings. An existing vehicle crossing is located on the north side of the frontage.

The surrounding area comprises a mix of low scale commercial and residential properties. The adjoining properties to the north at 19 The Avenue is a previous fire station building more recently used for a variety of retail uses. The adjoining properties to the south at 89 The Parade and 2/91 The Parade contain a medical practice and café/yoga studio. On the east side of Hodgson Street adjacent to the site is also a mix of buildings used for a variety of commercial purposes including a café and opportunity shop.

Aerial Image – Subject site shown with blue outline (Source: Council’s GIS)

Proposal

The proposal is for development of the land for a mixed use three storey development comprising three shops, eight dwellings, subdivision, a reduction in the standard car parking requirement and a waiver of the loading/unloading bay. The proposed three storey building will contain the following:

Ground Floor


The Hodgson Street façade will provide entrances to three single storey shops each with a floor between 70 to 90 square metres and a recessed entrance on the north side of the building leading to a lobby area and access to the dwellings on the first and second floors.

First Floor

It is proposed to provide four x two-bedroom apartment dwellings. The proposed street setback is 3.2 metres and the north wall cantilevers over the accessway with a minimum setback of 1.46 metres. The proposed minimum setback from the south boundary is 1.95 metres and a minimum of 2.72 metres from the rear boundary.

Second Floor

It is proposed to provide four x two-bedroom apartment dwellings on the second floor with a street setback of 5.0 metres. A minimum of 1.46 metres on the north side increasing to 2.4 metres and 1.95 metres on the south side. The rear setback is proposed to be 5.570 metres.

Height and Materials

The proposed building will have an overall height of 10.4 metres from natural ground and the building as viewed from Hodgson Street and from the adjoining properties to the side and rear will present with a mixture of materials including rendered finished walls in earth tone colours, colorbond cladding and vertical timber cladding.

Access/Carparking

The proposed vehicle access is a single width accessway on the north side of the land leading to undercroft car parking comprising eleven car spaces, including one disabled car space. The car spaces have a width of 2.7 metres and length of 5.4 metres and the width of the access area leading to the car spaces is 6.4 metres.

Storage facilities and bin storage are proposed to be located at the rear of the building adjacent to the southern boundary and within the building itself.

Proposed Subdivision

The proposed plan of subdivision matches the layout of the dwellings and commercial tenancies on each floor and the apportioning of the car parking spaces.

Site History

There is no previous planning permits of relevance for the subject site.

REFERRALS:

Section 55:

The statutory infrastructure referrals to Downer, Powercor and Barwon Water do not object to the proposal subject to conditions, which will be included in the recommendation.

Internal


Council’s Traffic Department

Council’s Traffic Department did not object to the variation to the car parking requirement recognizing the multi-purpose nature of the likely trips to the shops. Several conditions were advised relating to lighting, construction and design of the car park/accessway, a construction management plan, and changes to the on-street carparking to provide for a loading bay.

A condition relating to lighting will be included in the recommended permit conditions. Conditions relating to the design/construction of the accessway/carpark will be included as conditions as advised by Council’s Engineering Department. Any changes to the parking signage in the street relates to processes that are outside of the scope of this application.

Council’s Engineering Department

Council’s Engineering Department do not object to the proposal and provided conditions relating to stormwater design and drainage and carparking and access design and construction. The conditions will be included in the recommendation.

Council’s Planning Strategy Department

The 2nd revision of the plans were referred to Council’s Planning Strategy Department for comment as the DDO40 had been implemented in the scheme in December 2016. The comments included advice on where the design was not consistent with the DDO40. The applicant considered the comments and amended plans were formally submitted in May 2017 to respond to issues discussed with the applicant.

AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION:

The applicant requested to amend the planning application pursuant to Section 50 of the Planning & Environment Act (1987) on 21 December 2016 and 11 May 2017. The amendments to the application include:

Increase in the number of dwellings Include Waiver of the loading/unloading bay requirements. Front setback increased Internal layout changes Material changes

The amendment to the application were accepted.

PUBLIC NOTIFICATION:

The application is only exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act, for subdivision under the following clauses:

Clause 32.04-12 – Subdivision and Clause 3 (Subdivision) of the Design and Development Overlay (Schedule 40).

The application is not exempt from the notice requirements for the remainder of the planning permit triggers. Advertising consisted of a sign on site and letters to adjoining owners/occupiers.

Seven objections have been lodged with Council. The key concerns of objectors are summarised below:


Objection – Overlooking into the backyard of 95 The Parade and upstairs bedroom at 2/94 The Avenue.

The overlooking standard only requires consideration of potential overlooking into habitable room windows or secluded private open spaces areas within 9 metres of the window or balcony on the development site. The properties at 95 The Parade and 2/94 The Avenue are located beyond 9 metres and therefore cannot be considered.

Response

Objection – Increase in traffic

Response

The proposal has strategic support for growth in development in the town centre of Ocean Grove. The proposed development comprising a mix of residential apartment style dwellings and three small retail shops is consistent with the state and local planning policy, including Council’s strategic plan for the Ocean Grove town centre. The strategic planning has now been reflected in the implementation of the Design and Development Overlay (Schedule 40) into the Greater Geelong Planning Scheme in December 2016.

Council’s Traffic Department and Strategic Planning Department do not oppose an increase in housing opportunity and the retail shops. It is expected that there will be an increase in traffic as a result of the town centre growth and strategic planning also recognize that strategic work on sustainable transport options will parallel growth in the town centre.

Objection – Insufficient provision for car parking and loading/unloading.

Response

The application was referred to Council’s Traffic Department who do not oppose the variation to the car parking sought. This is discussed further in the report under carparking. In summary, the variation relates to the retail shops and the visitor car space as the dwellings have been provided with car parking consistent with the statutory requirement. It is concluded that visitors to the small retail shops as proposed will generally be undertaking multi-purpose trips which has an averaging impact on the carparking demand. Each retail shop will be provided with one car space on title and therefore the business owner will be able to load/unload in their car space. Retail shops such as proposed have relatively small loading/unloading requirements due to the relatively small floor area.


Objection – The three storey scale is not consistent with the character of the area.

The existing character in this part of Hodgson Street does not contain in three storey development. However, the subject site being located in precinct two of the town centre has strategic planning scheme support as the site is designated has having the potential for development with a maximum height of 10.5 metres. The Design and Development Overlay (Schedule 40) envisages development including a mix of commercial, retail and residential development providing a transition from the primary retail section of precinct 1 which allows up to 13.5 metres in scale.

Response

Objection – noise from residents on balconies.

Response

Noise from people living in a dwelling is generally not considered to have a detrimental impact on neighbours. Use of the land for a dwelling does not require planning permission.

AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION

The application was not amended following public notification.

ASSESSMENT:

Mixed Use Zone

The purpose of the Mixed Use Zone is:


To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality.

To provide for housing at higher densities.

To encourage development that responds to the existing or preferred neighbourhood character of the area.

To facilitate the use, development and redevelopment of land in accordance with the objectives specified in a schedule to this zone.

Response

The proposed development is considered to be consistent with the purpose of the Mixed Use Zone. The proposed development will allow a mixture of residential and commercial uses, including housing at a higher density. A mixture of retail, commercial and residential uses is also envisaged for the subject site and precinct in the Ocean Grove Town Centre Urban Design Framework. The strategic plan has now been incorporated into the Greater Geelong Planning Scheme within the Design and Development Overlay (Schedule 40).


Design and Development Overlay (Schedule 40) – Ocean Grove Town Centre

Design Objectives

To implement the objectives of the Ocean Grove Town Centre Urban Design Framework (2014).

To strengthen the role of the Ocean Grove Town Centre as the commercial and civic heart of Ocean Grove.

To promote contemporary design and built form that demonstrates design excellence, contributes to the relaxed coastal atmosphere and has strong connections with the beach and surf culture.

To promote the redevelopment of underutilised land and identified Council owned sites in the Town Centre.

To improve pedestrian and cyclist safety and amenity in the Town Centre.

To reduce the dominance of car parking and access ways through site layout and landscaping.

To ensure that the supply of car parking increases commensurate with parking demands from new development. To ensure development does not prejudice the use of The Terrace (east of Hodgson Street) as the long term arterial road route.

Design Guidelines

The design guidelines relate to design and built form, access and parking and landscaping. It is considered the proposal meets the objectives of the DDO40 and is generally consistent with the guidelines. The following assessment is provided.

The proposed building provides pedestrian oriented frontages at the street level and passive surveillance opportunities on the first and second floors. A mixture of lightweight materials is proposed and juxtaposed to incorporate horizontal elements into the front, side and rear elevations. The elevations identify a colour palette of earthy colours suitable for the context.

The scale of the building is appropriate as the proposed height of 10.4 metres is consistent with Map 2 of the DDO40 which identifies a maximum preferred maximum building height of 10.5 metres for this site and precinct 2. Map 2 also requires a minimum 2.0 metre street setback from ground level up to 7.5 metres in height. The proposed design response has achieved this. An additional street setback of 4.0 metres is required above 7.5 metres in height. The proposed street setback of the second floor is 5.0 metres, and therefore is less than the preferred setback of 6.0 metres (4.0 + 2.0) as shown on Map 2. In this instance, it is considered the variation of 1.0 metre for the 2nd

storey will not impact on the streetscape as there is a visible graduation of the street setback at each level to create a sense of space from the public realm.

As the subject site has an interface with residential properties to the east, the design response has significantly increased the 2nd floor rear setback to ensure amenity impacts are minimized and shadows cast by the building meet the Overshadowing standard of Clause 55.04-5.

Landscaping is proposed in the front setback, along part of the driveway and at the rear of the site. A recommended condition is for a landscape plan to identify the genus/species, quantity and height of the plant selection.


Car parking and access is assessed under the Carparking section of this report. However, it is noted that the proposed development utilizes a single crossing only and thus minimizes the loss of on-street car parking and impacts to pedestrians.

THE STATE PLANNING POLICY FRAMEWORK (SPPF):

The following State Planning Policies are applicable to this application:

11.02-1- Supply of urban land

Objective

To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.

Relevant Strategies

Plan to accommodate projected population growth over at least a 15 year period and provide clear direction on locations where growth should occur. Residential land supply will be considered on a municipal basis, rather than a town-by-town basis.

Planning for urban growth should consider:

Opportunities for the consolidation, redevelopment and intensification of existing urban areas.

Neighbourhood character and landscape considerations.

11.05-1 – Coastal settlement

Objective

To plan for sustainable coastal development.

Relevant Strategies

Support a network of diverse coastal settlements which provides for a broad range ofhousing types, economic opportunities and services.

Encourage urban renewal and redevelopment opportunities within existing settlements toreduce the demand for urban sprawl.

Identify a clear settlement boundary around coastal settlements to ensure that growth in coastal areas is planned and coastal values protected. Where no settlement boundary is identified, the extent of a settlement is defined by the extent of existing urban zoned land and any land identified on a plan in the planning scheme for future urban settlement.

Direct residential and other urban development and infrastructure within defined settlement boundaries of existing settlements that are capable of accommodating growth.


11.07-1 - Regional planning

Objective

To develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable.

Strategies

Strategies relate to ensuring planning outcomes accord with regional growth plans and principles relating to settlement planning that support and enhances prosperity, healthy communities, competitive advantage and responds to impacts of climate change and natural hazards.

11.09 - Geelong (G21) 11.09-1 Planning for growth

Objective

To optimise infrastructure and consolidate growth.

Relevant Strategy

Support the role of Geelong as the regional city and Victoria’s second city.

Support the growth of Bannockburn, Colac, Drysdale/Clifton Springs, Lara, Leopold, Ocean Grove and Torquay/Jan Juc as district towns by building on existing and planned infrastructure and focussing growth along key road and rail networks.

11.09-6 – Sustainable Communities

Objective

To allow communities to live, work and participate locally.

Relevant Strategies

Support industries that utilise skills within the region. Support increased employment diversity.

Support new businesses that provide employment and innovation opportunities in identified employment nodes across the region.

Support key district towns providing key services to surrounding areas.

15 – Built Environment and Heritage

15.01- 1 Urban Design

Objective

To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.


Relevant Strategies

Promote good urban design to make the environment more liveable and attractive.

Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability.

Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context.

15.01-3 - Neighbourhood and Subdivision Design

Objective

To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods.

Strategy

In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by:

Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs.

Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people.

Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character.

Environmentally friendly development that includes improved energy efficiency, water conservation, local management of stormwater and waste water treatment, less waste and reduced air pollution.

Being accessible to people with disabilities.

Developing activity centres that integrate housing, employment, shopping, recreation and community services, to provide a mix and level of activity that attracts people, creates a safe environment, stimulates interaction and provides a lively community focus.

15.01-4 - Design for Safety

Objective

To improve community safety and encourage neighbourhood design that makes people feel safe.


Relevant Strategy

Ensure the design of buildings, public spaces and the mix of activities contribute to safety and perceptions of safety.

15.01-5 – Cultural identity and neighbourhood character

Objective

To recognise and protect cultural identity, neighbourhood character and sense of place.

Strategies

Ensure development responds and contributes to existing sense of place and cultural identity.

Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation.

Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising:

The underlying natural landscape character. The heritage values and built form that reflect community identity. The values, needs and aspirations of the community.

15.02-1 - Energy and Resource Efficiency

Objective

To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

Strategies

Ensure that buildings and subdivision design improves efficiency in energy use.

Promote consolidation of urban development and integration of land use and transport.

Support low energy forms of transport such as walking and cycling.

16 – Housing

Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure.

New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space.

Planning for housing should include providing land for affordable housing.


16.01-1 – Integrated Housing

Objective

To promote a housing market that meets community needs.

Strategies

Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land.

Ensure that the planning system supports the appropriate quantity, quality and type of housing, including the provision of aged care facilities, supported accommodation for people with disability, rooming houses, student accommodation and social housing.

Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns.

Encourage housing that is both water efficient and energy efficient.

16.01-2 – Location of Residential Development

Objective

To locate new housing in or close to activity centres and in urban renewal precincts and sites that offer good access to jobs, services and transport.

Strategies

Increase the proportion of new housing in designated locations within established urbanareas and reduce the share of new dwellings in greenfield and dispersed development areas.

Encourage higher density housing development on sites that are well located in relation tojobs, services and public transport.

Ensure an adequate supply of redevelopment opportunities within established urban areasto reduce the pressure for fringe development.

Facilitate residential development that is cost-effective in infrastructure provision and use,energy efficient, incorporates water efficient design principles and encourages publictransport use.

Identify opportunities for increased residential densities to help consolidate urban areas.

16.01-4 - Housing Diversity

Objective

To provide for a range of housing types to meet increasingly diverse needs.


Strategies

Ensure housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs.

Encourage the development of well-designed medium-density housing which:

Respects the neighbourhood character. Improves housing choice. Makes better use of existing infrastructure. Improves energy efficiency of housing.

Support opportunities for a wide range of income groups to choose housing in well serviced locations.

Ensure planning for growth areas provides for a mix of housing types and higher housing densities in and around activity centres.

16.01-5 - Housing Affordability

Objective

To deliver more affordable housing closer to jobs, transport and services.

Strategies

Improve housing affordability by:

Ensuring land supply continues to be sufficient to meet demand. Increasing choice in housing type, tenure and cost to meet the needs of

households as they move through life cycle changes and to support diverse communities.

Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community.

Encouraging a significant proportion of new development to be affordable for households on low to moderate incomes.

17.01-1 – Business

Objective

To encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

Strategies

Locate commercial facilities in existing or planned activity centres. Provide new convenience shopping facilities to provide for the needs of the local

population in new residential areas and within, or immediately adjacent to, existing commercial centres.

Provide small scale shopping opportunities that meet the needs of local residents and workers in convenient locations.


THE LOCAL PLANNING POLICY FRAMEWORK (LPPF) AND MUNICIPAL STRATEGIC STATEMENT (MSS):

MSS

The following policies of the Municipal Strategic Statement are applicable to this application:

21.06-2 – Urban Growth

To limit urban sprawl by directing urban growth to designated urban growth areas.

To improve housing affordability through the maintenance of appropriate urban land supplies, the promotion of competition in the housing market and the development of a diverse range of well located housing stock.

Relevant Strategy

Ensure new residential neighbourhoods provide a mix of housing suited to the needs of a diverse range of household types.

21.06-3 - Urban consolidation

Objective

Provide for the consolidation of existing urban areas in a managed way. Encourage an appropriate range of development densities. Improve accessibility to urban services.

Relevant Strategies

Manage urban consolidation and housing change across the municipality, by: Maximising opportunities for housing within Increased Housing Diversity Areas (as

defined in Clause 22.63 Increased Housing Diversity Areas) by accommodating; high density housing in the activity centres consistent with their primary

commercial and retail role; and medium density housing in residential areas with more intensive

development being located closest to the core of activity centres.

Encourage medium density housing in the Mixed Use Zone.

21.06-4 - Neighbourhood character

Objectives

To manage the impact of urban change on existing neighbourhoods. To ensure that new development responds to the existing neighbourhood character.

Strategies

Acknowledge that neighbourhood character in the Increased Housing Diversity Areas will adapt and evolve over time, particularly within and on the edges of activity centres, where land use and development will intensify.

Ensure that development is responsive to the established character of the area.


Clause 21.07-3 – Retail

Objectives

To facilitate the development of vibrant and viable retail activity centres in accordance with the Geelong Retail Activity Centre Hierarchy included at Clause 21.07-8.

Relevant Strategy

Encourage a mix of retail, office, cafes, entertainment, housing, education and community facilities to locate within activity centres.

21.14 – The Bellarine Peninsula

Objectives

To protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements.

To facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as hubs of development and service provision on the Bellarine Peninsula. In all other townships on the Bellarine Peninsula provide retail, commercial and community uses and facilities that serve the daily needs of the community and encourage street based activity.

To provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community.

To preserve the individual character, identity and role of each Bellarine township.

Relevant Strategies for Ocean Grove

Contain urban development within the defined settlement boundary on the Structure Plan map.

Encourage development which respects the coastal landscape setting of Ocean Grove, by: Providing reasonable sharing of views of the coast and foreshore Promoting contemporary design that reflects the existing scale, setbacks, spacing,

forms and materials of the buildings in the locality.

Ensure the Town Centre remains the primary retail centre for Ocean Grove by providing for a range of retail, business and accommodation uses.

Ensure that the supply of car parking in the Town Centre increases commensurate with parking demands from new development.

Contain urban development within the defined settlement boundary on the Structure Plan map.

Ensure the Town Centre remains the primary retail centre for Ocean Grove by providing for a range of retail, business and accommodation uses.


Response

It is considered the proposal is consistent with the Municipal Strategic Statement. In particular, Clause 21.14 – The Bellarine Peninsula as the subject site is within the Ocean Grove Town Centre as identified in Clause 21.14. As part of the further work identified in Clause 21.14 to review township structure plans to meet emerging needs of the communities, the Ocean Grove Structure Plan was formally amended in September 2016 after consultation and a panel review process was undertaken. The Ocean Grove Structure Plan affirms medium density residential development including greater building heights up to 10.5 metres will be encouraged in and around the town centre.

Clause 21.06-4 relates to neighbourhood character and it is also recognized that as growth occurs, change to the character of the area must be managed by responding to the existing character. This part of Hodgson Street where the subject site is located comprises a mixture of buildings with no consistent character elements other than it is largely a single storey scale with some double storey commercial development on the east side of Hodgson Street. It is considered the proposal provides a managed change response by providing upper storey recession and a mix of lightweight materials.

Clause 21.07-3 relates to economic and employment opportunities and specifically to identified locations in the Geelong Retail Activity Centre Hierarchy of which the subject site relates as this retail/commercial area in Ocean Grove is categorized as a town centre in the retail hierarchy and supports a range of retail options including speciality shops.

Objectives

To facilitate the development of vibrant and viable retail activity centres in accordance with the Geelong Retail Activity Centre Hierarchy included at Clause 21.07-8.

Relevant Strategy

Encourage a mix of retail, office, cafes, entertainment, housing, education and community facilities to locate within activity centres.

LPPF

The following local policies are applicable to this application:

Clause 22.63 - Increased Housing Diversity Areas

Objectives

To evolve the character of these areas through more intensive development.

To ensure that the density, mass and scale of residential development is appropriate to the location, role and character of the specific IHDA.

To ensure development makes a positive architectural and urban design contribution to the IHDA.

To promote a diversity of housing types to cater to a variety of lifestyle needs.

To promote walking trips and pedestrian safety within the IHDAs.


To ensure that streetscape character in heritage areas is maintained.

To encourage new development to provide a high level of on-site amenity for future residents.

Response

The subject site is located within a Increased Housing Diversity Areas and therefore Clause 22.63 applies. It is considered that the proposal has responded positively to Clause 22.63. The built form has incorporated a mix of lightweight materials and colours suitable for the coastal context, has incorporated horizontal and vertical articulation on all sides of the building and has provided increased upper storey setbacks to reduce the visual impact to the residential properties to the east.

The three storey scale of the building is considered appropriate as the site is also located within the Ocean Grove Town Centre where a maximum height of 10.5 metres for precinct 2 is permitted and is located within a Mixed Use zone context.

The proposal has setback the building 2.0 metres from the street boundary in accordance with the DDO40. This will provide some opportunity for landscaping to create a sense of openess and integration with Hodgson Street. Landscaping areas are shown on the site plan and as discussed above a condition for a landscape plan is included in the recommended conditions.

RELEVANT PARTICULAR PROVISIONS

The following Particular Provisions are applicable to this application:

Clause 52.01 – Public Open Space Contribution

A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under Section 18 of the Subdivision Act 1988.

Response

Pursuant to the schedule to Clause 52.01, the following contribution is required to be made:

Creation of one additional lot NoneCreation of two to nine additional lots 1 percent per additional lot up to a

maximum of 5 percentCreation of 10 or more lots on land zoned for residential purposes prior to August 31st

2007

5 percent

Creation of 10 or more lots on land zoned for residential purposes after August 31st

2007

10 percent

Waurn Ponds Creek Environs 10 percent


The subject site comprises two lots. The proposal seeks to create an additional nine lots. Pursuant to the above table a five (5) percent contribution is required to be made. A condition of permit requires a cash contribution to be made.

Clause 52.06 – Car Parking

Purpose

To ensure that car parking is provided in accordance with the State Planning Policy Framework and the Local Planning Policy Framework.

To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality.

To support sustainable transport alternatives to the motor car.

To promotes the efficient use of car parking spaces through the consolidation of car parking facilities.

To ensure that car parking does not adversely affect the amenity off the locality.

To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.

Response

The following car parking spaces are proposed to be provided:

Design Standard 1 – Accessways

The common accessway on the north side of the land will have a minimum width of 3.0 metres and is therefore consistent with Design Standard 1.

As the accessway serves 4 or more care spaces, vehicles must exit in a forward direction. Based on the proposed width of the car parking spaces and the accessway, vehicles will be able to egress in a forward direction.

Design Standard 2 - Car parking spaces

The proposal seeks a variation to the required number of car parking spaces set out in Table 1 of Clause 52.06.


The required number of car parking spaces is

Measurement Area/number of bedrooms

Required number of car spaces

Proposed Difference

Shop 1 4 car spaces per 100m2

leasable floor area

76 square metres

3 car spaces 1 2


leasable floor area

70 square metres

2 car spaces 1 1


leasable floor area

88 square metres

3 car spaces 1 2

Dwellings 1 car space per dwelling

2 bedrooms 8 car spaces 8 0

Visitor car space

1 car space to every five dwellings for five or more dwellings

1 car space 0 1

Total 17 11 6

The proposal seeks a variation to the statutory requirement of six car spaces.

The proposed variation is considered appropriate in this instance. The shortfall relates to the shops and one visitor car space as the dwellings are provided with the required number of car spaces. Each of the shops are provided with one car space which is likely to provide parking for the business owner or staff. As the floor areas are relatively small, it is likely small businesses would occupy these shops most likely with a single owner or employee.

The subject site is located in a Mixed Use precinct and close to a Commercial Zone precinct. As previously discussed, The Ocean Grove Town Centre Urban Design Framework (2014) and the Design and Development Overlay (Schedule 40) envisage this area to undertake significant growth and population increase. The strategic planning policy and framework aim to guide and promote the desired change.

In town centres areas such as this, a reduction in the car parking requirement as proposed is considered acceptable. Customers to this precinct are likely to be undertake multi-purpose trips and/or travel to the town centre utilising other modes of transport. It is therefore considered the statutory rate is not necessary in this instance given the context of the site and the small commercial floor area.

Council’s Traffic Department were also not opposed to the variation to the car parking requirement.

The car parking spaces for the dwellings and shops will be apportioned to each lot on title. This is considered a logical outcome as there will be certainty that each shop will be provided with one dedicated car space which can be also used for loading/unloading.


There was concern that the nominated disabled car space has been apportioned to shop 3 and will not be shared. The requirement to provide a disabled car space is met. Whilst this is not ideal, if the car parking spaces for the shops were in common land, this would result in a lack of certainty that a car space was available for each shop.

Design standard 3: Gradients

The land only has a minor natural ground and the accessway will be relatively flat.

Clause 52.07 – Loading and Unloading of Vehicles

Objective

To set aside land for loading and unloading commercial vehicles to prevent loss of amenityand adverse effect on traffic flow and road safety

Response

The proposal seeks a waiver of the onsite loading/unloading requirement contained in Clause 52.07. Each retail shop will be provided with one car space on title and therefore the car space will be dual purpose as the business owner will be able to load/unload in their car space. Further, retail shops such as proposed have relatively small loading/unloading requirements due to the relatively small floor area.

It is therefore considered that the waiver of the loading/unloading requirement for a dedicated loading bay is acceptable in this instance as the alternative for a dual purpose car space for each shop is an acceptable alternative.


Clause 55 Assessment – Apartment Development

The development is required to be assessed against the applicable clauses for an Apartment Development in accordance with Clause 55 of the Greater Geelong Planning Scheme.

55.02-1Neighbourhood character objectivesTo ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.To ensure that the design responds to the features of the site and the surrounding area.

Standard B1The design response must be appropriate to the neighbourhood and the site.The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site..

CompliesThe development responds to the character of the area by providing separation between the adjoining properties, staggering the street setback to integrate with the streetscape, locating carparking at the rear of the site and by utilising a mixture of lightweight materials and colours suitable for the coastal context. As this proposed development will represent if approved, the first type of new development in Hodgson Street between The Parade and The Avenue, the proposed development will appear to be inconsistent with the existing character by virtue of it being representative of development that must be designed to meet strategic policy for future needs of the community. However, it is considered the proposed design response has met most of the policy requirements set out in the DDO40 and the Ocean Grove Town Centre Urban Design Framework and Clause 22.63, which aim for a preferred character outcome that includes aspects of the existing character. Therefore it is considered that the proposal will contribute to a preferred character outcome without sacrificing all existing character elements.


55.02-2Residential policy objectivesTo ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.To support medium densities in areas where development can take advantage of public transport and community infrastructure and services.

Standard B2An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

CompliesA town planning submission was submitted with the application describing how the proposal is consistent with the State and Local Planning Policy Framework.

55.02-3Dwelling diversity objectiveTo encourage a range of dwelling sizes and types in developments of ten or more dwellings.

Standard B3Developments of ten or more dwellings should provide a range of dwelling sizes and types, including: Dwellings with a different number of

bedrooms. At least one dwelling that contains a kitchen,

bath or shower, and a toilet and wash basin at ground floor level.

- N/ALess than ten dwellings are proposed.


55.02-4Infrastructure objectivesTo ensure development is provided with appropriate utility services and infrastructure.To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard B4Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available.Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads.In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure.

CompliesThe site is serviced by the required infrastructure and the application has been referred to Council’s Engineers who have not raised any concern about the ability of the site to be drained. Recommended conditions cover off on this issue.

55.02-5Integration with the street objectivesTo integrate the layout of development with the street.

Standard B5Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility.Development should be oriented to front existing and proposed streets.High fencing in front of dwellings should be avoided if practicable.Development next to existing public open space should be laid out to complement the open space.

CompliesThe development is designed to address Hodgson Street as the shops and dwellings have active frontages to Hodgson Street.


55.03-1Street setback objectiveTo ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Standard B6Walls of buildings should be set back from streets the distance specified in Table B1.Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard.

VariationStandard B6 requires a street setback of 7.3 metres based on the setback of the building on the adjoining property to the north. In this instance the variation is considered appropriate as the Design and Development Overlay (Schedule 40) allows a minimum street setback of 2 metres from ground to 7.5 metres in height.

55.03-2Building height objectivesTo ensure that the height of buildings respects the existing or preferred neighbourhood character.

Standard B7The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land.If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres.Changes of building height between existing buildings and new buildings should be graduated.

VariationThe maximum height of the building from natural ground is 10.4 metres.

The plans show AHD levels of:

Finished ground floor – 33.80Top of parapet roof – 44.20.A reduced level of 33.84 is shown in the street.

The variation to Standard B7 is appropriate as Schedule 40 of the Design and Development Overlay permits a maximum height of 10.5 metres (Map 2).


55.03-3Site coverage objectiveTo encourage development that respects the landscape character of the neighbourhood.To encourage the retention of significant trees on the site.

Standard B8The site area covered by buildings should not exceed 60 per cent.

VariationThe site coverage of buildings is 87.17 percent of the site, which is less than the 60% allowed by the standard.

The variation is considered appropriate in this instance given the subject site is located within a defined precinct in the Ocean Grove Town Centre Urban Design Framework and in an Increased Housing Diversity Area, where high density development such as this proposal, is encouraged.

55.03-4Permeability objectivesTo reduce the impact of increased stormwater run-off on the drainage system.To facilitate on-site stormwater infiltration.

Standard B9At least 20 per cent of the site should not be covered by impervious surfaces.

CompliesThe site retains 20.9% per cent permeability, assisting in on site stormwater filtration.

55.03-5Energy efficiency objectivesTo achieve and protect energy efficient dwellings and residential buildings.To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

Standard B10Buildings should be: Oriented to make appropriate use of solar

energy. Sited and designed to ensure that the energy

efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

Living areas and private open space should be located on the north side of the development, if practicable.Developments should be designed so that solar access to north-facing windows is maximised.

Not ApplicableThis standard and objective does not apply for the construction of an apartment development as this is covered off in Clause 55.07-1.

55.03-6Open space objective Standard B11 Not Applicable


To integrate the layout of development with any public and communal open space provided in or adjacent to the development.

If any public or communal open space is provided on site, it should: Be substantially fronted by dwellings, where

appropriate. Provide outlook for as many dwellings as

practicable. Be designed to protect any natural features

on the site. Be accessible and useable.

This standard and objective does not apply for the construction of an apartment development as this is covered off in Clause 55.07-2.

55.03-7Safety objectiveTo ensure the layout of development provides for the safety and security of residents and property.

Standard B12Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways.Planting which creates unsafe spaces along streets and accessways should be avoided.Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways.Private spaces within developments should be protected from inappropriate use as public thoroughfares.

CompliesThe development is designed to provide for the safety and security of residents and property. The entrance to the dwellings is via the lobby on the north side which is visible and reasonably close to Hodgson Street.


55.03-8Landscaping objectivesTo encourage development that respects the landscape character of the neighbourhood.To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.To provide appropriate landscaping.To encourage the retention of mature vegetation on the site.

Standard B13The landscape layout and design should: Protect any predominant landscape features of the

neighbourhood. Take into account the soil type and drainage patterns of

the site. Allow for intended vegetation growth and structural

protection of buildings. In locations of habitat importance, maintain existing

habitat and provide for new habitat for plants and animals.

Provide a safe, attractive and functional environment for residents.

Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood.Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.The landscape design should specify landscape themes, vegetation (location and species), paving and lighting.

Complies, subject to a conditionLandscaping details are shown on the site Plan. Details of the plantings, including genus/species will need to be provided in a landscape plan. This will be included in the recommended conditions.


55.03-9Access objectiveTo ensure the number and design of vehicle crossovers respects the neighbourhood character.

Standard B14The width of accessways or car spaces should not exceed: 33 per cent of the street frontage, or if the width of the street frontage is less than 20 metres,

40 per cent of the street frontage.No more than one single-width crossover should be provided for each dwelling fronting a street. The location of crossovers should maximise the retention of on-street car parking spaces. The number of access points to a road in a Road Zone should be minimised.Developments must provide for access for service, emergency and delivery vehicles.

Complies

55.03-10Parking location objectiveTo provide convenient parking for resident and visitor vehicles.To protect residents from vehicular noise within developments.

Standard B15Car parking facilities should: Be reasonably close and convenient to dwellings and

residential buildings. Be secure. Be well ventilated if enclosed.Large parking areas should be broken up with trees, buildings or different surface treatments.Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.

Complies

The car parking is located close to the building and from within the building the car park area can be accessed from the rear lobby door.


55.04-1Side and rear setbacks objectiveTo ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B17A new building not on or within 200mm of a boundary should be set back from side or rearboundaries: At least the distance specified in a schedule to the zone,

or If no distance is specified in a schedule to the zone, 1

metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.

Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard.Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard.

VariationNorth SideA variation is being sought on the north and south side setbacks.The first floor setback from the north boundary seeks a variation of 0.52m and the second floor setback from the north boundary seeks a variation of 1.98 metres and 3.63 metres.

South SideThe first floor setback from the south boundary seeks a minor variation of 40mm and the second floor setback from the south boundary seeks a variation of 2.94m and 3.14m.The variation is considered appropriate in this instance as the adjoining sites to the north and south are also located in precinct 2 of the Town Centre and in the Mixed Use Zone. Both sites are currently used for commercial uses and therefore there is not likely to be any amenity impacts. Further, any future development of the adjoining land to the north and south would be expected to develop in accordance with future desired outcomes of the Ocean Grove Structure Plan and Ocean Grove Town Centre Urban Design Framework.

RearGround floor – complies

First FloorRequired - 1.9 Proposed – 2.72m

Second Floor


Required – 5.9 metresProposed – 5.9 metres

55.04-2Walls on boundaries objectiveTo ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B18A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary: For a length of more than the distance specified in a

schedule to the zone; or If no distance is specified in a schedule to the zone, for a

length of more than:o 10 metres plus 25 per cent of the remaining length of

the boundary of an adjoining lot, oro Where there are existing or simultaneously

constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports,

whichever is the greater.A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary.A building on a boundary includes a building set back up to 200mm from a boundary.The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall.

VariationThe south wall of shop 3 is located on the south boundary. It is proposed to have a length of 12.50 metres and a height of 4.2 metres.The length of the boundary complies with the standard. The height seeks a variation to the standard of 700mm.The variation is considered appropriate in this instance and the adjoining property to the south at 89 The Parade is also part of the Mixed Use Zone and within Precinct 2 and is being used as a medical centre. Therefore it is considered there will be no impact to the medical centre car park.


55.04-3Daylight to windows objectiveTo allow adequate daylight into existing habitable room windows.

Standard B19Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window.Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.

CompliesThe required light courts have been achieved and all windows have access to the required level of daylight.

55.04-4North facing windows objectiveTo allow adequate solar access to existing north-facing habitable room windows.

Standard B20If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

N/AThere are no north facing windows on abutting lots which require consideration.


55.04-5Overshadowing open space objectiveTo ensure buildings do not significantly overshadow existing secluded private open space.

Standard B21Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.

CompliesThe shadow diagrams provided with the application show shadows cast onto the properties at 2/92 and 3/92 The Avenue and 2/93 The Parade.The extent of shadowing that falls on the secluded private open space of the above properties is within the Standard. It is noted however, that the development plans for the units at 92 The Avenue do not show a covered area in the secluded private open space of 2/92. As this covered area has been added later and would shade the primary part of the secluded private open space, it is considered the proposal should not be prejudiced by the covered area. No objection was received from 2/92 The Avenue.


55.04-6Overlooking objectiveTo limit views into existing secluded private open space and habitable room windows.

Standard B22A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level.A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: Offset a minimum of 1.5 metres from the edge of one window to the edge of the

other. Have sill heights of at least 1.7 metres above floor level. Have fixed, obscure glazing in any part of the window below 1.7 metre above

floor level. Have permanently fixed external screens to at least 1.7 metres above floor level

and be no more than 25 per cent transparent.Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard.Screens used to obscure a view should be: Perforated panels or trellis with a maximum of 25 per cent openings or solid

translucent panels. Permanent, fixed and durable. Designed and coloured to blend in with the development.This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary.

CompliesThe applicant provided vertical overlooking diagrams (sheet 9 of 10) to demonstrate that from the balconies and bedroom windows of the first and second floors on the east side (rear) overlooking into secluded private open space areas is limited in accordance with the standard by either a parapet or the fence line acting as the barrier to the view.

55.04-7Internal views objectiveTo limit views into the

Standard B23Windows and balconies should be designed to prevent overlooking of more than 50

Complies


secluded private open space and habitable room windows of dwellings and residential buildings within a development.

per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development.

55.04-8Noise impacts objectiveTo contain noise sources in developments that may affect existing dwellings.To protect residents from external noise.

Standard B24Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings.Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties.Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms.

Not ApplicableThis standard and objective does not apply for the construction of an apartment development as it is covered off in Clause 55.07-6.

55.05-1Accessibility objectiveTo encourage the consideration of the needs of people with limited mobility in the design of developments.

Standard B25The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility.


55.05-2Dwelling entry objectiveTo provide each dwelling or residential building with its own sense of identity.

Standard B26Entries to dwellings and residential buildings should: Be visible and easily identifiable from streets and other public areas. Provide shelter, a sense of personal address and a transitional space around the

entry.



55.05-3Daylight to new windows objectiveTo allow adequate daylight into new habitable room windows.

Standard B27A window in a habitable room should be located to face: An outdoor space clear to the sky or a light court with a

minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or

A verandah provided it is open for at least one third of its perimeter, or

A carport provided it has two or more open sides and is open for at least one third of its perimeter.

CompliesAll habitable room windows face an outdoor space of the required dimensions, allowing light into habitable rooms.

55.05-4Private open space objectiveTo provide adequate private open space for the reasonable recreation and service needs of residents.

Standard B28A dwelling or residential building should have private open space of an area and dimensions specified in the schedule to the zone.If no area or dimensions are specified in the schedule to the zone, a dwelling or residentialbuilding should have private open space consisting of: An area of 40 square metres, with one part of the

private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or

A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or

A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.

Complies

Clause 55.05-5Solar Access to Open Space objective Standard B29 Complies


To allow solar access into the secluded private open space of new dwellings and residential buildings.

The private open space should be located on the north side of the dwelling or residential building, if appropriate.The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where ‘h’ is the height of the wall.

The proposed secluded private open space areas receive adequate solar access.

Clause 55.05-6 Storage objectiveTo provide adequate storage facilities for each dwelling.

Standard B30Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space.

Not ApplicableThis standard and objective does not apply for the construction of an apartment development as this is covered by Clause 55.07-10.

Clause 55.06-1 Design detail objectiveTo encourage design detail that respects the existing or preferred neighbourhood character.

Standard B31The design of buildings, including: Façade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets,

should respect the existing or preferred neighbourhood character.

Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character.

Complies


Clause 55.06-2 Front fences objectiveTo encourage front fence design that respects the existing or preferred neighbourhood character.

Standard B32The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties.A front fence within 3 metres of a street should not exceed: Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres.

- N/ANo front fence is proposed.

Clause 55.06-3 Common property objectiveTo ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained.To avoid future management difficulties in areas of common ownership.

Standard B33Development should clearly delineate public, communal and private areas.Common property, where provided, should be functional and capable of efficient management.

CompliesThe common property area designated on the plans is functional and can be readily maintained.

Clause 55.06-4 Site services objectiveTo ensure that site services can be installed and easily maintained.To ensure that site facilities are accessible, adequate and attractive.

Standard B34The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically.Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development.Bin and recycling enclosures should be located for convenient access by residents.Mailboxes should be provided and located for convenient access as required by Australia Post.

CompliesThe development layout and design provides for sufficient space and facilities for services to be installed and maintained.


Clause 55.07-1 Energy efficiency objective

To achieve and protect energy efficient dwellings and buildings.

To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

To ensure dwellings achieve adequate thermal efficiency.

Standard B35

Buildings should be: Oriented to make appropriate use of solar energy.

Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

Living areas and private open space should be located on the north side of the development, if practicable.

Developments should be designed so that solar access to north-facing windows is optimised.

Dwellings located in a climate zone identified Table B4 in should not exceed the maximum NatHERS annual cooling load specified in the following table.

Will comply, subject to a conditionThe front boundary of the subject site faces west. The proposed development has sited four of the eight dwellings to achieve direct north sunlight. Due to a combination of the orientation of the site and the design response, the proposal was not able to achieve north facing habitable room windows for all of the dwellings. However, this is generally difficult to achieve in an apartment building. Apart from dwelling 1 located on the first floor, the remainder of the dwellings (2, 5, 6) will receive morning or afternoon sun.The subject site is located in the Climate zone 64 (Cape Otway) NatHERS climate zone.Climate zone 64 requires a maximum cooling load of 19 MJ/M2 per annum. The submission states that the proposal will meet the maximum cooling load. However, this is not demonstrated. Therefore, a recommended condition to demonstrate how the design response results in a cooling load of no more than 19 MJ/M2 will be required.


Clause 55.07-2 Communal open space objective To ensure that communal open space is accessible, practical, attractive, easily maintained and integrated with the layout of the development.

Standard B36

Developments with 40 or more dwellings should provide a minimum area of communal open space of 2.5 square metres per dwelling or 250 square metres, which ever is lesser. Communal open space should:

Be located to: Provide passive surveillance opportunities, where

appropriate. Provide outlook for as many dwellings as practicable. Avoid overlooking into habitable rooms and private

open space of new dwellings. Minimise noise impacts to new and existing dwellings.

Be designed to protect any natural features on the site.

Maximise landscaping opportunities.

Be accessible, useable and capable of efficient management.

Not applicable as there are less than 40 dwellings.

Clause 55.07-3 Solar Access to Communal outdoor space objective

To allow solar access into communal outdoor open space.

Standard B37

The communal outdoor open space should be located on the north side of a building, if appropriate.

At least 50 per cent or 125 square metres, whichever is the lesser, of the primary communal outdoor open space should receive a minimum of two hours of sunlight between 9am and 3pm on 21 June.

Not applicable as there is not communal outdoor space.


Clause 55.07-4 Deep soil areas and canopy trees objective

To promote climate responsive landscape design and water management in developments to support thermal comfort and reduce the urban heat island effect.

Standard B38The landscape layout and design should:

Be responsive to the site context. Consider landscaping opportunities to reduce heat

absorption such as green walls, green roofs and roof top gardens and improve on-site storm water infiltration.

Maximise deep soil areas for planting of canopy trees. Integrate planting and water management.

Developments should provide the deep soil areas and canopy trees specified in Table B5.

If the development cannot provide the deep soil areas and canopy trees specified in Table B5, an equivalent canopy cover should be achieved by providing either:

Canopy trees or climbers (over a pergola) with planter pits sized appropriately for the mature tree soil volume requirements.

Vegetated planters, green roofs or green facades.

Variation and condition required.The proposed design response will not be able to provide the deep soil areas required for minimum tree planting.There are some planting opportunities within the narrow street setback and the rear carpark for small tree and shrub planting. There is also a small area along the accessway for small plants. Whilst there is insufficient space for the deep soil area in the front setback or the carpark area to meet the standard, it is considered the alternative outlined in the standard of a canopy tree planted in pits sized appropriately can be achieved. A recommended condition will be included for suitable small trees to be selected in the front setback and carpark, by a suitable qualified person for the soil volume provided. Also, it will be a condition of permit for the front garden beds to be extended to achieve a depth of 800mm which will assist in providing a suitable small tree selection.


Clause 55.07-5 Integrated water and stormwater management objectives

To encourage the use of alternative water sources such as rainwater, stormwater and recycled water.

To facilitate stormwater collection, utilisation and infiltration within the development.

To encourage development that reduces the impact of stormwater run-off on the drainage system and filters sediment and waste from stormwater prior to discharge from the site.

Standard B39

Buildings should be designed to collect rainwater for non-drinking purposes such as flushing toilets, laundry appliances and garden use. Buildings should be connected to a non-potable dual pipe reticulated water supply, where available from the water authority. The stormwater management system should be:

Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended.

Designed to maximise infiltration of stormwater, water and drainage of residual flows into permeable surfaces, tree pits and treatment areas.

VariationCouncil’s standard Engineering conditions for stormwater drainage relate to the reduction of stormwater run-off and sediment management. The design response does not include any alternative uses for recycled stormwater such as water tank harvesting for a rainwater garden or toilet/laundry usage. As Clause 55.07 came into effect shortly before a decision was being considered on this application and as part of the standard is met, it is considered that the objective has been met in this instance. Other initiatives to respond to the standard would be required if a similar application was lodged now.


Clause 55.07-6Noise impacts objective

To contain noise sources in developments that may affect existing dwellings.

To protect residents from external and internal noise sources.

Standard B40

Noise sources, such as mechanical plants should not be located near bedrooms of immediately adjacent existing dwellings.

The layout of new dwellings and buildings should minimise noise transmission within the site.

Noise sensitive rooms (such as living areas and bedrooms) should be located to avoid noise impacts from mechanical plants, lifts, building services, non-residential uses, car parking, communal areas and other dwellings.

New dwellings should be designed and constructed to include acoustic attenuation measures to reduce noise levels from off-site noise sources.

Buildings within a noise influence area specified in Table B6 should be designed and constructed to achieve the following noise levels:

Not greater than 35dB(A) for bedrooms, assessed as an LAeq,8h from 10pm to 6am.

Not greater than 40dB(A) for living areas, assessed LAeq,16h from 6am to 10pm.

Buildings, or part of a building screened from a noise source by an existing solid structure, or the natural topography of the land, do not need to meet the specified noise level requirements.

Noise levels should be assessed in unfurnished rooms with a finished floor and the windows closed.

Complies, subject to a conditionThe floor plan shows that bedrooms and living rooms are not located close to the liftwell.The plans do not show the location of heating/cooling plant equipment. In relation to the location of mechanical plant on the ground floor, a recommended condition will be included as a Condition 1, to show any mechanical plant in a location not visible from Hodgson Street and not close to bedroom windows of dwellings on adjacent sites. A recommended condition that no plant/equipment or any structure shall be located on the roof is primarily required because of the maximum height under the Design and Development Overlay (Schedule 40), which cannot be varied unless a specific urban design benefit is demonstrated. However, the condition will also prevent inappropriate location of plant equipment, structures, etc.The subject site is also not located in a noise influence area as specified in Table B6 of Clause 55.07-6. So there is no requirement in relation to that part of the standard relating to interfaces with industry, roads, or railways.


Clause 55.05-7Accessibility objectiveTo ensure the design of dwellings meets the needs of people with limited mobility.

Standard B41

At least 50 per cent of dwellings should have:

A clear opening width of at least 850mm at the entrance to the dwelling and main bedroom.

A clear path with a minimum width of 1.2 metres that connects the dwelling entrance to the main bedroom, an adaptable bathroom and the living area.

A main bedroom with access to an adaptable bathroom.

At least one adaptable bathroom that meets all of the requirements of either Design A or Design B specified in Table B7.

Will comply, subject to a conditionThe submission states the proposal meets the standard and objective. However, the plans and submission do not demonstrate how the design response meets the requirements of Standard B41. It is considered that this standard should be met as it will provide housing options to people with limited mobility.Therefore, a recommended condition will require the design response to clearly show how the proposal meets Standard B41.

Clause 55.07-8Building entry and circulation objectives

To provide each dwelling and building with its own sense of identity.

To ensure the internal layout of buildings provide for the safe, functional and efficient movement of residents.

To ensure internal communal areas provide adequate access to daylight and natural ventilation.

Standard B42

Entries to dwellings and buildings should:

Be visible and easily identifiable. Provide shelter, a sense of personal address and a

transitional space around the entry.

The layout and design of buildings should: Clearly distinguish entrances to residential and non-

residential areas. Provide windows to building entrances and lift areas. Provide visible, safe and attractive stairs from the

entry level to encourage use by residents. Provide common areas and corridors that:

Include at least one source of natural light and natural ventilation.

Avoid obstruction from building services. Maintain clear sight lines.

Complies, subject to a conditionThe main entrance to the dwellings located on the north side provides a safe, functional layout readily seen from Hodgson Street. Internally, the front doors of each apartment are close to the stairwell and a skylight provides natural light into the stairwell.Whilst the plans do not show a source of natural ventilation, the apartment building is relatively small comprising eight apartment dwellings and therefore the lobby area is relatively small with external doors providing some natural ventilation when opening/closing.The plans do not show the location of lighting in the common accessway or carpark. A recommended condition will be to include a condition to show lighting in these areas.


Clause 55.07-9 Private open space above ground floor objective

To provide adequate private open space for the reasonable recreation and service needs of residents.

Standard B43

A dwelling should have private open space consisting of:

An area of 15 square metres, with a minimum dimension of 3 metres at a podium or other similar base and convenient access from a living room, or

A balcony with an area and dimensions specified in Table B8 and convenient access from a living room.

If a cooling or heating unit is located on a balcony, the balcony should provide an additional area of 1.5 square metres.

VariationThe private open space areas for each apartment dwelling are:Dwellings 1 and 4 – 15.2 square metres (minimum width 1.8 metres).Dwellings 2 and 3 – 12.96 square metres (minimum width 1.8 metres).Dwellings 5 and 8 – 12.06 square metres (minimum width 1.8 metres).Dwellings 6 and 7 – 20.88 square metres (minimum width 1.9 metres).All dwellings exceed the minimum area. The required minimum width is 2.0 metres. Therefore, the proposal seeks a variation of between 100mm to 200mm.In this instance, the variation is considered acceptable as the balconies exceed the minimum area and changes via permit conditions to increase the width an additional 100mm to 200mm would result in a loss of internal floor area. Had the application retained its transitional provision rights, the balconies would have met the standard.


Clause 55.07-10 Storage objective

To provide adequate storage facilities for each dwelling.

Standard B44

Each dwelling should have convenient access to usable and secure storage space.

The total minimum storage space (including kitchen, bathroom and bedroom storage) should meet the requirements specified in Table B9.

Complies

Each 2 bedroom dwelling is required to provide 14 cubic metres of storage. This includes 9 cubic metres of storage within the dwelling.The plans show each dwelling contains storage cupboards in the kitchen, bedroom and laundry. A calculation based on an approximation shows each dwelling will have at least 9 cubic metres of storage in each apartment. External storage facilities in the car park are also provided and are between 7.5 and 9 cubic metres.


Clause 55.07-11 Waste and recycling objective

To ensure dwellings are designed to encourage waste recycling.

To ensure that waste and recycling facilities are accessible, adequate and attractive.

To ensure that waste and recycling facilities are designed and managed to minimise impacts on residential amenity, health and the public realm.

Standard B45

Developments should include dedicated areas for:

Waste and recycling enclosures which are:

Adequate in size, durable, waterproof and blend in with the development.

Adequately ventilated. Located and designed for convenient access by residents

and made easily accessible to people with limited mobility. Adequate facilities for bin washing. These areas should be

adequately ventilated. Collection, separation and storage of waste and recyclables,

including where appropriate opportunities for on-site management of food waste through composting or other waste recovery as appropriate.

Collection, storage and reuse of garden waste, including opportunities for on-site treatment, where appropriate, or off-site removal for reprocessing.

Adequate circulation to allow waste and recycling collection vehicles to enter and leave the site without reversing.

Adequate internal storage space within each dwelling to enable the separation of waste, recyclables and food waste where appropriate.

Waste and recycling management facilities should be design and managed in accordance with a Waste Management Plan approved by the responsible authority and: Be designed to meet the best practice waste and recycling

management guidelines for residential development adopted by Sustainability Victoria.

Protect public health and amenity of residents and adjoining premises from the impacts of odour, noise and hazards associated with waste collection vehicle movements.

Will comply, subject to a conditionThe plans show a bin storage the rear of the building. It is not clear from the plans how waste and recycling facilities will be managed in accordance with the Guide to Best Practice for Waste Management in Multi-unit Developments by Sustainability Victoria as required by Standard B45. Therefore, a condition is recommended requiring a waste management plan.


55.07-12 Functional layout objective

To ensure dwellings provide functional areas that meet the needs of residents.

Standard B46

Bedrooms should:

Meet the minimum internal room dimensions specified in Table B10.

Provide an area in addition to the minimum internal room dimensions to accommodate a wardrobe.

Complies

The main bedrooms all contain a minimum width of 3 metres and depth of 3.4 metres (excluding wardrobes).The secondary bedrooms all contain a minimum width and depth of 3 metres.The living areas of the dwellings contain a minimum area of 12 square metres with a minimum width of 3.6 metres.

Clause 55.07-13Room depthobjective

To allow adequate daylight into single aspect habitable rooms.

Standard 47

Single aspect habitable rooms should not exceed a room depth of 2.5 times the ceiling height.

The depth of a single aspect, open plan, habitable room may be increased to 9 metres if all the following requirements are met:

The room combines the living area, dining area and kitchen. The kitchen is located furthest from the window. The ceiling height is at least 2.7 metres measured from finished

floor level to finished ceiling level. This excludes where services are provided above the kitchen.

The room depth should be measured from the external surface of the habitable room window to the rear wall of the room.

CompliesThe only single aspect habitable rooms are in apartments 1 and 4. With a ceiling height of 2.55, the calculated maximum room depth is 6.375 metres. The depth of the living area is 5.8 metres. The proposal meets the standard as the depth is less than the calculated maximum room depth.


Clause 55.07-14Windows objective

To allow adequate daylight into new habitable room windows.

Standard B48

Habitable rooms should have a window in an external wall of the building.

A window may provide daylight to a bedroom from a smaller secondary area within the bedroom where the window is clear to the sky.

The secondary area should be: A minimum width of 1.2 metres. A maximum depth of 1.5 times the width, measured from the

external surface of the window.

CompliesAll habitable rooms have a window in an external wall of the building.

Clause 55.07-15Natural ventilationobjective

To encourage natural ventilation of dwellings.

To allow occupants to effectively manage natural ventilation of dwellings.

Standard B49

The design and layout of dwellings should maximise openable windows, doors or other ventilation devices in external walls of the building, where appropriate.

At least 40 per cent of dwellings should provide effective cross ventilation that has:

A maximum breeze path through the dwelling of 18 metres. A minimum breeze path through the dwelling of 5 metres. Ventilation openings with approximately the same area.

The breeze path is measured between the ventilation openings on different orientations of the dwelling.

CompliesAll dwellings allow cross ventilation via window/doors with a minimum breeze path of 5 metres and a maximum breeze path of 15 metres.

Clause 56 – Subdivision

This is an application to subdivide the dwellings such that the dwellings will exist on separate titles. In this case there is no need to assess the application against the provisions of Clause 56 as issues in relation to amenity, both on and off site, have been considered via the Clause 55 assessment, as has neighbourhood character. A condition of permit ties the subdivision and development via a Section 173 Agreement so that an orderly planning outcome is achieved.

DECISION GUIDELINES OF CLAUSE 65:

Clause 65 of the Greater Geelong Planning Scheme outlines the decision guidelines to be considered by the Responsible Authority when making decisions on applications. These decision guidelines include:

The matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning Policy Framework, including

the Municipal Strategic Statement and local planning policies. The purpose of the zone, overlay or other provision. Any matter required to be considered in the zone, overlay or other provision. The orderly planning of the area. The effect on the amenity of the area. The proximity of the land to any public land. Factors likely to cause or contribute to land degradation, salinity or reduce water quality. Whether the proposed development is designed to maintain or improve the quality of

stormwater within and exiting the site. The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to regenerate. The degree of flood, erosion or fire hazard associated with the location of the land and the

use, development or management of the land so as to minimise any such hazard.

Response

The proposal has been assessed against the relevant decision guidelines listed above and is considered to accord with the decision guidelines, providing for an orderly planning outcome.

Legislative Issues

The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application.

Conclusion

The proposal is considered consistent with the relevant policy and requirements of the Greater Geelong Planning Scheme. In particular, the subject site is located in an area that strategically supports future growth as identified in the Ocean Grove Urban Design Framework, the DDO40 and Clause 22.63 (Increased Housing Diversity Areas).


The proposal will appear to be a departure from the existing character. However, as discussed in the report, the proposal incorporates setbacks, articulation and materials generally consistent with the requirements of the strategic and local planning policy for future development and consequently has also incorporated elements of the existing character.

Subject to the recommended conditions as outlined at the beginning of this report, it is considered the proposal should be supported and a Notice of Decision to grant a planning permit be issued subject to conditions.


7. LATE REPORTS:

NIL

8. NEXT MEETING:

02 November 2017

Meeting closed at 6:15pm

Joanne Van SlagerenChairperson(19 October 2017)