Council Minutes - Section B: Reports (1-2) - 27 May 2014

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Reports tabled at the Ordinary Meeting of Council on Tuesday date held at City Hall, Little Malop Street in Geelong.


  1. Draft Karreenga Aboriginal Action Plan 2014-2017

  2. Amendment C277 and Planning Permits 944/2012 & 1116/2013 – Leopold Sub Regional Activity Centre – Consideration of Panel Report and Adoption


1. Draft Karreenga Aboriginal Action Plan 2014-2017

Portfolio:

Finance - Cr Lyons (Mayor), Cr S Kontelj & Cr E Kontelj

Source:

Corporate Services - Administration & Governance

A/General Manager:

Michael Kelly

Index Reference:

Council Reports 2014

Purpose

The purpose of this report is to present the draft Karreenga Aboriginal Action Plan 2014–2017 (Appendix 1) and Statement of Intent (Appendix 2), with a view to Council formally adopting the draft Action Plan and signing the Statement of Intent.


Summary

Cr E Kontelj moved, Cr Fisher seconded -

That Council:

  1. adopts the draft Karreenga Aboriginal Action Plan 2014–2017 (Appendix 1);

  2. sign the Karreenga Aboriginal Action Plan Statement of Intent (Appendix 2);

  3. receives a report annually advising on outcomes achieved.


Carried Unanimously.


Cr Fisher moved, Cr E Kontelj seconded -

That Standing Orders be suspended to enable signing of Statement of Intent by all parties .


Carried.


Standing Orders were suspended at 8:14pm.


The Karreenga Aboriginal Action Plan Statement of Intent document was then signed by the Chairperson of the Wathaurung Aboriginal Co operative, Annette Xiberras, Chief Executive Officer, Tracey Currie, Uncle Bryon Powell, Chairperson Wadawurrung – Wathaurung Aboriginal Corporation and Wadawurrung Senior Elder, Aunty Violet McPherson, Mayor, Cr Darryn Lyons, Acting Chief Executive Officer, Dean Frost and Portfolio Holder, Cr E Kontelj.

Cr Ansett moved, Cr Ellis seconded -

That Standing Orders be resumed.


Carried.


Standing Orders were resumed at 8:33pm


Background

Council has a responsibility to respond to the needs of Aboriginal people in the Geelong region as identified under the Local Government Act 1989. This can include an advocacy and facilitation role regarding Aboriginal cultural heritage, health, wellbeing and economic issues. The preparation of the draft Karreenga Aboriginal Action Plan demonstrates Council’s commitment to building a strong relationship and partnership with the Aboriginal community in Geelong.

The 2011 ABS census data indicates an Aboriginal population of 1,787 in the Geelong region.

Over the past decade the City of Greater Geelong has actively demonstrated a commitment to Aboriginal reconciliation through combined projects and partnerships with the Aboriginal community in Geelong.

Over the past 12 months Council has undertaken a range of initiatives with the Aboriginal Community including:

While a great deal has been achieved in this time, there remains a significant amount more that Council can achieve in collaboration with the Aboriginal community in this region.

The draft Karreenga Aboriginal Action Plan 2014–2017 follows the Aboriginal Cultural Heritage Management and Protection Development Planning Protocol adopted by Council in 2000 and the Indigenous Statement of Recognition and Commitment adopted by Council in 2009. The City also signed the Statement of Occasion for the flag raising event at City Hall in December 2013. The draft Karreenga Aboriginal Action Plan 2014–2017 is the first action plan that Council has prepared with the Aboriginal community.

Development of the draft Action Plan has been undertaken in consultation with Wathaurong Aboriginal Co-operative, Wathaurung Aboriginal Corporation (through the Registered Aboriginal party status under the Aboriginal Heritage Act 2006), Geelong One Fire Reconciliation Group, Narana Creations, together with the participation of the broader Aboriginal community in the region.


Discussion

This report details the process of community consultation and outcomes which have informed the development of the actions in the draft Karreenga Aboriginal Action Plan 2014–2017 to be undertaken with the Aboriginal community. It seeks Council’s endorsement/adoption of the draft Action Plan. The draft Action Plan includes a Statement of Intent that demonstrates the intention of Council to work in partnership with Aboriginal people and addresses key goals of the draft Action Plan.

Throughout the last five years Council has actively engaged in a series of workshops and individual discussions with the local Aboriginal community to develop a draft Aboriginal Action Plan referred to as Karreenga, meaning ‘to grow’. Council has now reached a position with both Wathaurung Aboriginal Corporation and Wathaurong Aboriginal Co-operative where it can now adopt the draft Plan with the support of these two organisations.

The draft Action Plan outlines the actions that Council will undertake and how Council will do business with the Aboriginal community into the future. The draft Action Plan enables Council to bring its current activities together with future actions that are informed by organisational and community consultation.

The draft Karreenga Aboriginal Action Plan 2014–2017 details the actions Council can do and programs/services it can provide that will support and assist Aboriginal people in the municipality to achieve equality in all aspects of life. The draft Action Plan articulates clear actions and realistic targets for Council over a three year period, 2014–2017. Importantly, the draft Action Plan builds on advancing a positive relationship between Aboriginal and non-Aboriginal people, demonstrating respect for Aboriginal cultural heritage, and ensuring equality of opportunity and access in all dealings with Council.

The development and implementation of the draft Action Plan enables Council to set prioritised strategic projects that respond to priorities identified by the community. This is based on establishing shared and agreed partnerships.

The draft Action Plan importantly recognises and respects Aboriginal culture and history and aims to contribute to Close the Gap for Aboriginal people in our community. The draft Plan will mark Council’s contribution to close the health and life expectancy gap between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians within a generation. Broadly, the draft Action Plan provides direction about what Council can do in relation to five key areas including:

Each area has a number of individual actions that are linked with internal organisational responsibility, within a timeline of short, medium and long term, and a ranked priority level of high, medium or low. The draft Action Plan is based on priorities identified in the community consultation process. While some actions can be addressed within existing budget, any additional Council funding would be subject to consideration as part of the budget process. External funding sources will be sought and/or partnership opportunities developed. The draft Karreenga Aboriginal Action Plan 2014–2017 is to be implemented over a three year period. An annual progress report is to be presented to Council.

In the development of the draft Action Plan, Council understands that the document is more than words and promises; it is about building relationships, partnership, commitment and mutual respect.


Environmental Implications

The City of Greater Geelong is required to ensure that all land use development complies with requirements of the Aboriginal Heritage Act 2006.

It may be noted that the UN declaration on the rights of Indigenous people recognises that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment.


Financial Implications

Financial resources have been identified in the implementation of the draft Action Plan. Some are within existing budget, others will require officer support, and others will need to be considered as part of future budget considerations. External funding sources will be continuously investigated, where appropriate, to support an action.


Policy/Legal/Statutory Implications

Council has an obligation to comply with the Aboriginal Heritage Act 2006, including consulting with Wathaurung Aboriginal Corporation as the Registered Aboriginal party for the Geelong region on Aboriginal cultural heritage matters.

The Aboriginal Heritage Act 2006 is the Victorian Government's legislation for protecting Aboriginal cultural heritage.

At the State level the objectives of Council, under the Local Government Act 1989, are to improve the overall quality of life of people, including provisions with respect to equal employment opportunity.

The draft Aboriginal Action Plan is also aligned in the local context to the Geelong Public Health and Wellbeing Plan 2013–2017, particularly in the priority area of ‘connected, creative and strong communities’. Also, it aligns in the local context to the G21 Region Public Health and Wellbeing Plan 2013 – particularly as it relates to Priority 3: Evidence based Planning & Practice involving partnerships.


Alignment to City Plan

The draft Karreenga Aboriginal Action Plan is underpinned by Council’s ‘Our Vision Statement’ in City Plan 2013–2017.

“Greater Geelong: building our community through enterprise, opportunity and innovation in a quality environment.”

It aligns with the Community Wellbeing strategic direction including partnership with Wathaurong Aboriginal Co-operative.


Officer Direct or Indirect Interest

No Council staff involved in the preparation of this report have a direct or indirect interest in the matter to which the report relates.


Risk Assessment

Council has an obligation to comply with the Aboriginal Heritage Act 2006.


Social Considerations

The draft Karreenga Aboriginal Action Plan 2014–2017 will contribute to building and sustaining partnerships with the Aboriginal community based on principles of mutual respect and commitment, acknowledgment of the past and building a framework for a shared future.

Publicly affirming Council’s commitment to forming partnerships with Aboriginal communities is viewed as an important way Council can support reconciliation and respect.

Furthermore, it aims to highlight to the Aboriginal and wider community that the City of Greater Geelong provides opportunities, equal access to services, facilities and spaces for all community members as outlined in the draft Aboriginal Action Plan.


Human Rights Charter

The UN declaration on the rights of Indigenous people states that ‘Indigenous peoples are equal to all other peoples, while recognising the right of all peoples to be different, to consider themselves different, and to be respected as such’.

The Charter also affirms that ‘Indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind’.


Consultation and Communication

Council’s Community Development Department will be responsible for the communication of this report, the Action Plan, and the Statement of Intent. The department, along with other relevant Council departments, will be responsible for undertaking the actions as listed in the draft Action Plan.

Considerable consultation has been undertaken with Aboriginal groups, interest groups and the broader Aboriginal community in Geelong during the preparation of the draft Karreenga Aboriginal Action Plan 2014–2017.


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2. Amendment C277 and Planning Permits 944/2012 & 1116/2013 – Leopold Sub Regional Activity Centre – Consideration of Panel Report and Adoption

Portfolio:

Planning - Cr Heagney

Source:

Planning and Tourism

A/General Manager:

Peter Bettess

Index Reference:

Application: C277, 944/2012, 1116/2013

Purpose

The purpose of this report is to consider the independent Panel report on submissions to Amendment C277 and to seek adoption of the amendment and planning permits.


Summary

Cr Macdonald moved, Cr Harwood seconded -

That Council:

  1. Adopts Amendment C277 in the form as outlined in Appendix 7 of this report;

  2. Recommends to the Minister for Planning that Planning Permit 944/2012 and 1116/2013 be granted pursuant to Section 96G of the Planning and Environment Act 1987 (copies of the planning permits are in Appendix 8 of this report);

  3. Submits the adopted amendment with the prescribed information to the Minister for Planning requesting approval; and

  4. Enters into an Agreement under Section 173 of the Planning and Environment Act 1987 with the landowner in relation to developer contributions (including works in kind) towards key infrastructure related to the shopping centre expansion.

  5. Carried.


Background

Amendment C277 facilitates the expansion of the existing Leopold Gateway Plaza shopping centre to a sub-regional activity centre and provision of a new drainage reserve. 

A combined amendment and permit application was lodged on 3 August 2012 by consultants Environmental Resources Management Australia on behalf of Lascorp Developments (Australia) Pty Ltd.

The original amendment application was to rezone Lascorp’s land at 613-639 Bellarine Hwy, Leopold (next to the existing shopping centre) from Farming Zone to Business 1 Zone with an accompanying planning permit application.  Council officers expanded the amendment to include a Development Plan Overlay (DPO) to cover the Lascorp sites and land to the north (92-100 Melaluka Road).

The application was put on hold for several months pending the finalisation of the Leopold Structure Plan Amendment C254.

The amendment applies to four properties:

The areas to be rezoned are currently zoned Farming Zone as shown in Appendix 1. An aerial photo showing the sites and downstream drainage channel is in Appendix 2.

The amendment proposes to:

Concurrent with the preparation of the planning scheme amendment, two planning permit applications are also made pursuant to Section 96A (1) of the Planning & Environment Act 1987.

Planning permit application 944/2012 is for building and works associated with the expansion of the existing neighbourhood activity centre to a sub-regional size activity centre, for the use of land for office purposes (including an expansion to the existing medical centre), the use of land for a restricted recreation facility (gymnasium), as well as dispensation from the car parking provisions of Clause 56 of the Scheme and the removal of native vegetation.

The overall plan that for the shopping centre expansion that would be approved under permit 944/2012 is in Appendix 3.

Planning permit application 1116/2013 is for a 2 lot subdivision of 1-89 Hoares Lane, Leopold to create a 0.8 ha drainage reserve (see Appendix 4 for the proposed plan of subdivision).

On 23 July 2013 Council resolved to support the preparation and exhibition of Amendment C277 and the associated planning permits.

Ministerial Authorisation (A02613) was issued by the Minister’s delegate on 10 September 2013 - see Appendix 1.

The amendment, the two planning permit applications and associated documents were placed on public exhibition between 24 October and 25 November 2013.

A total of 12 submissions were received - Appendix 5 includes a list of the submitters.   Two of the submissions were objections - primarily relating to drainage and stormwater management.  Two supporting submissions were received from the proponent (ERM consultants for Lascorp) and the owner of the future northern expansion site (Hansen consultants for Perez). These submissions also requested changes to the planning documents. Seven submissions were received from government agencies and authorities either not objecting, providing comments or requesting conditions be placed on the planning permits.  One submission was received from a nearby landowner asking a series of questions which were answered by Council officers.

Council officers attempted to resolve the submissions where possible. In particular, meetings were held with representatives of the two landowners - Lascorp and the Perez family - to negotiate an agreed outcome on the contents of the amendment, in particular the DPO schedule and permit conditions.

On 12 Feb 2014 Council wrote to both parties and provided final revised versions of the DPO and Draft Planning Permit 944/2012. Both parties confirmed in writing they accept the revised documents.

On 4 March 2014 Council considered the submissions under delegation and resolved to refer the two outstanding objecting submissions (primarily related to drainage) and an independent Panel.

The one person Panel held a hearing in Geelong on 16 April 2014.  The panel heard submissions from Council officers, the proponent (including two expert witnesses - drainage engineering and planning), the Corangamite Catchment Management Authority and the two objectors.


Discussion

The Panel provided its report to Council on 24 April 2014. A copy of the Executive Summary and Recommendations from the Panel Report is in Appendix 6.

The Panel finds the overall strategic intent of the Amendment is sound and should be supported. A summary of the Panel report and Council officer’s response follows:

Strategic Planning merit

The Panel summarises it overall position on the amendment as follows:

“In the Panel’s view, the planning history associated with the activity centre and the current Amendment that implements key aspects of the Structure Plan demonstrates a sound, policy driven planning outcome that will guide the ongoing development of the retail heart of the Leopold township, together with its role as the gateway to the Bellarine Peninsula, into the future.

All matters regarding the staged expansion of the activity centre, including details of planning permit conditions and the Development Plan Overlay, have been successfully negotiated and resolved between the Council and the two major landowners within the activity centre.” (p.4)

Council officer response:

Officers agree that the amendment and proposed development is based sound policy and the planning permits and DPO have been successfully resolved.

Drainage

In relation to drainage and storm water management, which was the key issue of concern to the two objectors, the Panel says in its Executive Summary:

Management of stormwater at pre-development levels was the only matter in contention before the Panel.  The low lying land to the west of the Leopold township and a history of flooding affecting farmland meant that an effective stormwater management plan is critical to the future expansion of the shopping centre….

A stormwater management plan is proposed that creates a 4.1 ML water retention basin and bio-filter treatment system on a dedicated drainage reserve on a site opposite the expanded activity centre.  The plan manages both flood risks as well as treating water going through the system.  Objectors believed that stormwater coming from an expanded shopping centre would increase the incidence of flooding, lengthen the time that stormwater outflow would impact on their properties and allow poor quality water to be discharged across their land into the highly significant, Ramsar listed Reedy Lake….

On the evidence before the Panel, substantiated by the Corangamite Catchment Management Authority, it is held that the proposed stormwater management plan is adequate to mitigate the risk of flooding as a consequence of development of the ultimate activity centre to below the pre development conditions as well as effectively treating water quality.

“…the Panel believes that the proposed system for the expanded shopping centre is appropriately designed to manage stormwater outflows onto downstream properties to pre-development levels.  Accordingly, the Panel holds that the Amendment should be supported generally in its exhibited form.” 

Council officer response:

Council officers agree that the amendment should be adopted generally in its exhibited form. However it is noted that the Panel recommends that revised versions of the Development Plan Overlay and planning permit conditions be adopted.  The revised versions are those that were negotiated with Lascorp and Perez and are included in the panel report.

Other matters

The Panel has made a suggestion in relation to the zoning of the drainage reserve, as follows:

“The only change suggested by the Panel is the intended zoning of the dedicated drainage reserve.  The exhibited Amendment proposes the Public Park and Recreation Zone for the drainage reserve however the Panel is of the view that the specialised nature of the proposed drainage management infrastructure will fully preclude public access and so the Public Use Zone (Local Government) is more appropriate.”

The Panel also pointed out some additional state and local policies that weren’t referred to in Council’s strategic assessment of the proposal and the exhibited Explanatory Report. These policies related to the natural environment and storm water management.

Council officer response:

Council officers agree that the drainage reserve should be zoned Public Use Zone (PUZ) rather than Public Park and Recreation Zone. This is a subtle change but reflects the fact that the drainage reserve will generally not be accessible to the public and is better described as a public utility and is better suited to the PUZ.  The additional policies suggested by the Panel will be added to the final Explanatory Report when it is submitted to the Minister for final approval.

A set of the final amendment documents recommended for adoption are in Appendix 7. The documents show in “track changes” any changes made since exhibition.

A copy of the final planning permit conditions are in Appendix 8.


Environmental Implications

The proposed development is not expected to result in any significant environmental effects.

The southern expansion site is vacant and contains very limited vegetation.   Whilst a permit is required for native vegetation removal (relating to the removal of some River Red Gums), the ecological assessment that has been undertaken concludes that the trees are not significant and that off-set planting will result in a sustainable conservation outcome.

The site does not fall within an area of cultural heritage significance. 

In terms of storm water and drainage issues, a new drainage reserve on the south side of Bellarine Highway is proposed.  This will include a storm water detention and sedimentation basin and a bio-filtration system to improve water quality.  The storm water will eventually drain to Reedy Lake via an existing channel that runs across farmland south from the Gateway Sanctuary.


Financial Implications

Amendment C277 has limited financial implications to Council. Costs associated with the Panel will be borne by the applicant. 

The proposal includes a new drainage reserve to deal with storm water runoff from the shopping centre.  Lascorp is responsible for all costs associated with purchasing land for the reserve and construction of the basin and storm water management system.  The drainage reserve will eventually be managed by Council.  A proposed Section S173 Agreement (see Policy/Legal/Statutory Implications section below) includes acceptance by the land owner that Council will, at a future date, seek annual maintenance contributions from the shopping centre owners to assist Council to maintain the storm water system on an ongoing basis.


Policy/Legal/Statutory Implications

The expansion of the centre will require new infrastructure and improvements to existing infrastructure immediately surrounding the site. When Council resolved to support preparation and exhibition of Amendment C277 at its meeting on 23 July 2013 it included the following resolution:

“Prepare an Agreement under Section 173 of the Planning and Environment Act 1987 in relation to developer contributions (including works in kind) towards key infrastructure including:

The S173 Agreement has been prepared and will be signed by Lascorp’s land holding companies (the landowner) prior to this report being considered by Council.

The Section 173 Agreement also deals with a $500,0000 voluntary contribution that Lascorp has offered towards upgrades to the nearby Leopold Recreation Reserve. This contribution is the subject of a separate report to Council on a proposed State Government Sport and Recreation grant application for a new pavilion on the recreation reserve.

The contribution from Lascorp is a voluntary contribution to the community and is not a requirement of the planning approval for the shopping centre expansion. For administrative purposes it is proposed that the financial contribution to the recreation reserve upgrade is part of the same S173 agreement that is being prepared for Amendment C277.  The agreement is structured so that the planning considerations are clearly distinguished from the voluntary contribution.


Alignment to City Plan

Amendment C277 supports the Growing our Economy strategic direction of City Plan, in particular the priorities of supporting the growth of existing businesses. 


Officer Direct or Indirect Interest

No Council Officers have any direct or indirect interest, in accordance with Section 80  (c) of the Local Government Act, to which this Amendment relates.


Risk Assessment

There are no notable risks identified with adopting this planning scheme amendment.

Social Considerations

The proposed Amendment is expected to result in positive social and economic outcomes.  The proposed expansion of the centre is expected to result in a significant number of new jobs being created both during the construction phase of the project and once the sub-regional centre is fully operational. 

The proposal is also expected to result in significant social benefits given:


Human Rights Charter

Amendment C277 does not impact on any basic rights, freedoms and responsibilities as set out in the Charter.  Planning legislation ensures an open community consultation process enabling people to freely express their views and obtain a fair hearing before an Independent Panel.


Consultation and Communication

Full public notification of the Amendment has been given in accordance with the provisions of the Planning and Environment Act.   All adjoining and nearby residents received direct notification of the exhibition of the Amendment. 


Appendix 1 – Existing Zoning

C277 existing zoning map

Appendix 2 – Aerial photo

C277 aerial image - Feb 2014

Appendix 3 - Overall plan of shopping centre expansion (permit 944/2012 plan)

Overall plan of shopping centre expansion (permit 944/2012 plan)

Appendix 4 – Drainage reserve subdivision plan (permit 1116/2013)

Drainage reserve subdivision plan (permit 1116/2013)

Appendix 5 – List of Submitters

No

Name

Organisation

Address

Suburb

Type

1.

Trevor & Debbie Anderson

 

622 – 630 Portarlington Road

LEOPOLD VIC 3224

Questions

2.

Damian Shaw

Barwon Water

PO Box 659

GEELONG VIC 3220

No objection

3.

Earl & Simon Carter

 

25 Walkers Road

LEOPOLD VIC 3224

Objection

4

Dr Geoff Taylor

Corangamite Catchment Management Authority (CCMA)

PO Box 159

COLAC VIC 3250

Comment

5.

Geoff Brooks

Dept of Environment and Primary Industry (DEPI)

PO Box 103

GEELONG VIC 3220

No objection

6.

Carolyn Francis

Environment Protection Authority (EPA)

GPO Box 4394

MELBOURNE VIC 3001

No objection

7

Debra Butcher

ERM

Level 3, Tower 3, 18 – 38 Siddeley Street

DOCKLANDS VIC 3005

Support/Comments

8.

David Barnes

Hansen Partnership Pty Ltd

Level 4, 136 Exhibition Street

MELBOURNE VIC 3000

Support/Comments

9.

Sibina O’Halloran

 

“Springfield” 550 Bellarine Highway

MOOLAP  VIC  3221

Objection

10

Martin Vegt

Public Transport Victoria (PTV)

Level 10, 750 Collins Street

DOCKLANDS VIC  3001

No objection

11

Christine Delaney 

VicRoads

PO Box 775

GEELONG VIC  3220

No objection

12

John Young

Wathaurung Aboriginal Corporation

PO Box 734

BALLARAT VIC 3353

No objection

 

Appendix 6 – Panel Report: Executive Summary and Recommendations

Executive summary - page 4 of 51
Executive summary - page 5 of 51
Overall conclusions and recommendations - page 32 of 51

Appendix 7 – Amendment and final planning permits for adoption

Planning and Environment Act 1987

GREATER GEELONG PLANNING SCHEME
AMENDMENT C277
INSTRUCTION SHEET

The planning authority for this amendment is the Greater Geelong City Council.

The Greater Geelong Planning Scheme is amended as follows:

Planning Scheme Maps

The Planning Scheme Maps are amended by a total of two attached map sheets.

Zoning Maps

  1. Amend Planning Scheme Map No 57 in the manner shown on the attached map marked “Greater Geelong Planning Scheme, Amendment C277”. 

Overlay Maps

  1. Amend Planning Scheme Map No57DPO in the manner shown on the attached map marked “Greater Geelong Planning Scheme, Amendment C277”. 

Planning Scheme Ordinance

The Planning Scheme Ordinance is amended as follows:

  1. In Zones – Clause 34.01, replace the Schedule with a new Schedule in the form of the attached document. 

  2. In Overlays – following Clause 43.04, insert a new Schedule 29 in the form of the attached document.

  3. In Particular Provisions – Clause 52.28-3, replace the Schedule with a new Schedule in the form of the attached document. 

End of document


Schedule to Clause 34.01 Commercial 1 Zone - page 1 of 1
Schedule to Clause 52.28-3 - page 1 of 1
Schedule 28 to the Development Plan Overlay page 1 of 6

 

Schedule 28 to the Development Plan Overlay page 2 of 6
Schedule 28 to the Development Plan Overlay page 3 of 6
Schedule 28 to the Development Plan Overlay page 4 of 6
Schedule 28 to the Development Plan Overlay page 5 of 6
Schedule 28 to the Development Plan Overlay page 6 of 6
Amendment C277 - Commercial 1 Zone and Public Use Zone - Local Government
Amendment C277 - Development Plan Overlay - Schedule 29

Appendix 8 – Final planning permits

2 May 2014 Version

DRAFT
PLANNING
PERMIT

Permit No.:  944/2012

Planning Scheme:  Greater Geelong Planning Scheme

Responsible Authority:   Greater Geelong City Council

GRANTED UNDER DIVISION 5 OF
PART 4 OF THE PLANNING AND
ENVIRONMENT ACT 1987
   

Address of the Land:

621-639 and 641-659 Bellarine Highway, Leopold

The Permit allows:

Buildings and works associated with Stage One of the Leopold sub-regional shopping centre, the use of the land for a restricted retail facility (gymnasium), reduction of car parking requirements, alteration of access to a Road Zone Category 1, and the removal of native vegetation generally in accordance with the endorsed plans.

The following conditions apply to this permit:

Development Plan approval

  1. The development as shown on the endorsed plans must not commence until a Development Plan required by Schedule 26 of the Development Plan Overlay of the Greater Geelong Planning Scheme has been approved by the Responsible Authority.

Amended Plans Required

  1. 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 entitled “Bellarine Gateway Plaza, Town Planning Application, Stage 1” by Clarke Hopkins Clarke, dated August and October 2013 but modified to show:

    1. The type and form of public art identified at Item 14 of Design Response Plan (Plan No. 0752/TP202h) to be developed in consultation with Council’s Public Art Officer.

    2. Public transport infrastructure and car park design consistent with the approved Traffic and Access Plan;

    3. notations that signage does not form part of this permit;

    4. active frontages on the external elevations of the tenancies on both sides of the western entry to the internal mall.

    5. Removal of details from the adjoining land to the north of the subject site

    6. Treatment of northern façade of the proposed DDS to avoid blank walls

    7. An acoustic fence on the northern property boundary adjoining the DDS loading bay. The fence detail is to be based upon a report prepared by a suitably qualified person submitted with the amended plans. 

No alterations

  1. he use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

Traffic and Access Plan

  1. Prior to the commencement of the development, a Traffic and Access Plan to the satisfaction of the Responsible Authority, prepared by a suitably qualified professional, must be submitted to and approved by the Responsible Authority. The Traffic and Access Plan must outline how different transport modes will be integrated in the centre. The plan must be generally in accordance with the Traffic Management Plan forming part of the approved Development Plan. The Plan must include detail of but not be limited to:

    1. internal and external bicycle links of the land, including to the Bellarine Rail Trail

    2. internal and external pedestrian links of the land, including to the Leopold Recreation Reserve and the land to the north

    3. the location and type of public transport infrastructure (including in-bound and out-bound bus stop/s, taxi rank/s and timetable information)

    4. bicycle parking and change facilities

    5. way-finding signage

    6. the number and dimensions of car parking spaces and loading areas, including the car park design in the vicinity of landscaping/trees in the car park

    7. intersection and road treatments

    When approved, the Traffic and Access Plan will be endorsed and then form part of the permit. The use and development of the land must be carried out in accordance with the Traffic and Access Plan to the satisfaction of the Responsible Authority.

Creation of Road Reserve (East-West Road)

  1. Prior to occupation of the development, a road reserve must be created and a road constructed along the northern boundary that connects Melaluka Road and Clifton Avenue to the satisfaction of the Responsible Authority. The owner of the land will be responsible for the maintenance of the road for 24 months after its completion.  

Pedestrian Paths, Access & Parking

  1. Unless otherwise approved by the Responsible Authority, prior to the occupation of the development, the areas set aside for the parking of vehicles, access lanes and pedestrian paths as shown on the endorsed plans must be:

    1. constructed;

    2. properly formed to such levels that they can be used in accordance with the plans;

    3. surfaced with an all weather seal coat.

    4. drained;

    5. line marked to indicate each car space and all access lanes;

    6. clearly marked to show the direction of traffic along access lanes and driveways;

    to the satisfaction of the Responsible Authority.

    Car spaces, access lanes, pedestrian paths and driveways must be kept available for these purposes at all times.

Drainage and Road Plans Required

  1. Prior to the commencement of the development, engineer designed drainage and road plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the Flooding, Stormwater and Drainage Management Plan (including the Drainage Feasibility Study, Water Quality Impact Report and Flood Impact Report) and the Traffic Management Plan that form part of the approved Development Plan for the land.

    The drainage plans must consider the future drainage requirements for the adjoining property to the north, being 92-100 Melaluka Road Leopold.

  2. Prior to the occupation of the development, drainage and roads must be constructed in accordance with the approved drainage and road plans to the satisfaction of the Responsible Authority.

Construction Management Plan

  1. Prior to commencement of any works, a detailed Construction Management Plan (CMP) must be submitted to and approved by the Responsible Authority.  This plan must incorporate, but is not limited to, the following information:

    1. A staging plan for all construction phases including indicative dates for commencement and completion;

    2. Intended access for construction vehicles;

    3. Engineering assessment of assets that will be impacted on by construction and recommended techniques to minimise any adverse impact;

    4. Details of actions to be implemented in the event of damage to abutting assets infrastructure;

    5. Details of where construction personnel will park;

    6. Hours/days of construction (NOTE: these works must be consistent with EPA legislation and guidelines);

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

    8. Details of site cleanliness, litter management  and clean up regimes;

    9. Material storage;

    10. Dust suppression;

    11. Plan to accord with the EPA Publication No. 960 “Doing it right on Subdivision – temporary environmental protection measures for subdivision construction sites” and No. 480 “Best Practice Environmental Guidelines for Major Construction Sites”;

    12. Control of sediment and litter discharged from the site to Gateway Sanctuary and the Reedy Lake RAMSAR area.

    13. Refuelling locations and storage areas for fuel and other chemicals. These areas must be located well away from the vegetation to be retained and internal drains.

    When approved this Construction Management Plan will form part of this permit. All development and works must be carried out in accordance with the Construction Management Plan, to the satisfaction of the Responsible Authority.

    (Note: where a conflict arises with the construction management plan and any legislation, the relevant legislation will take precedence).

    When the approved sediment and erosion controls are in place as per the approved CMP, the applicant must contact the City’s Environment and Natural Resources Unit to undertake an inspection of the measures in place.

Construction Phase

  1. During the construction phase of the development, the following conditions must be met:

    1. only clean rainwater shall be discharged to the stormwater drainage system;

    2. stormwater drainage system must be protected so that no solid waste, sediment, sand, soil, clay or stones from the premises enters the stormwater drainage system;

    3. material from the site must not be deposited on adjacent footpaths and roads abutting the site;

    4. all machinery and equipment must be cleaned (if required) on site and not on adjacent footpaths or roads; and

    5. all litter (including construction refuse, packaging, waste materials and off cuts, and all other rubbish generated by occupation of the site) must be contained on site; and

    6. dust suppression;

    to the satisfaction of the Responsible Authority.

Preparation of Landscape Plans

  1. 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. When approved, the plan will be endorsed and then form part of the permit. The plan must be generally in accordance with the Landscape Masterplan forming part of the approved Development Plan. The plan must be drawn to scale and show:

    1. All existing trees proposed for retention and removal, including trees on adjacent roads and land that may be affected by the development.

    2. The layout of all planting within the development site.

    3. A detailed planting schedule of all proposed planting including botanical names, common names, supply sizes, sizes at maturity, densities and quantities of each plant.

    4. The proposed layout, materials and finishes of garden beds, paths, areas of pavement, structures, fences, street furniture, wall treatments etc.

    5. Any additional supporting information, such as certified structural designs or building forms.

    6. All proposed tree planting using semi-advanced trees with a minimum container size of 45 litres or 2 metres in height.

    7. The maintenance schedule for all proposed landscaping, including hard and soft landscaping elements.

    8. Detail and location of way-finding signage

    9. similar species of trees along the Bellarine Hwy as currently exists to retain an indigenous landscape opposite the Gateway Sanctuary;

    to the satisfaction of the Responsible Authority.

Completion and Maintenance of Landscape Works

  1. Prior to the occupation of the development, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority.

Protection of Existing Trees

  1. Prior to the commencement of the development, a Tree Protection Plan must be prepared and submitted to the Responsible Authority for approval. The Plan must be to the satisfaction of the Responsible Authority. The Tree Protection Plan must outline measures for the protection of all trees to be retained within the development site and on adjoining road reserves and neighbouring properties (including  trees 1, 3, 4, 6 and 7 as identified in the Arboricultural Report prepared by Tree Response, and have regard to the Tree Response Arboricultural Report dated February 4, 2013 and AS4970 – 2009 (Protection of Trees on Development Sites). When approved, the Plan will be endorsed and form part of the permit.

    The City’s Environment and Natural Resources Unit must be contacted to inspect the Tree Protection Fencing prior to works commencing.

    Once approved, the tree protection plan must be implemented and maintained for the duration of works.  Tree protection measures shall not be accessed, altered or modified without the written consent of the Responsible Authority and consulting Arborist.

  2. All persons undertaking works on site must be informed about the areas of native vegetation to be retained on site and all environmental conditions included as part of this planning permit, in particular the approved CMP and Tree Protection Plan. This information must be provided by means of an induction process, and records of this must be kept. A copy of the permit must be made available to all people working on the project.

  3. No vehicular or pedestrian access, trenching or soil excavation may occur within the Tree Protection Zone without the written consent of the Responsible Authority.  No storage or dumping of tools, equipment or waste may occur within the Tree Protection Zone.

  4. All work within the drip lines of any tree either above or below ground which has been nominated for protection must be supervised by the consulting arborist to ensure that the works are completed in a manner which minimises damage or impact on the tree(s) to be protected.

  5. Any pruning of Tree 4 as identified in the Arboricultural Report prepared by Tree Response must only be completed by a suitably qualified arborist and must be carried out in accordance to the requirements of AS4373 -2007 Pruning of Amenity Trees to the satisfaction of the Responsible Authority.

  6. Other than the native vegetation shown on the endorsed plans, native vegetation must not be removed, destroyed or lopped native vegetation.

  7. All tree removal works shall only be undertaken by a qualified Level 5 Arborist.

  8. In order to offset the removal of five (5) scattered trees approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements:

  9. Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either:

Litter/Waste Management

  1. Prior to occupation of the development, a litter management plan must be submitted to and approved by the Responsible Authority. The litter management plan must set out the ways in which the operators of the site will be responsible for the collection of litter associated with the Centre. The litter management plan must detail the following:

    1. Fencing or other method to contain litter within the site;

    2. The management practices for litter collection and disposal including details of storage and regularity;

    3. The location of rubbish bins, cigarette butt bins and skips;

    4. The management practices for the periodic cleaning of on-site drainage litter traps.

    Once approved, the operation of the site must accord with the litter management plan to the satisfaction of the Responsible Authority. 

General Amenity

  1. The amenity of the area must not be detrimentally affected by the use or development through the:

    1. Transport of materials, goods or commodities to or from the land;

    2. Appearance of any building, works or materials;

    3. Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

    4. Presence of vermin;

    to the satisfaction of the Responsible Authority.

Outdoor Lighting

  1. Any outdoor and/or security lighting provided must be designed to prevent adverse light spill on adjoining land or road reserve to the satisfaction of the Responsible Authority.

General Loading

  1. Without the prior written approval of the Responsible Authority the loading and unloading of goods to and from the premises, including garbage removal, shall be restricted to between the hours of 7am and 10pm Monday to Sunday.

    The loading and unloading of goods from vehicles must only be carried out on the land within the designated loading bay(s) and must not disrupt the circulation and parking of vehicles on the land.

Use of Loading Bay and Car Parking Areas

  1. The loading bay area(s) must remain available for this purpose at all times to the satisfaction of the Responsible Authority.

    Car parking areas shown on the endorsed plans must remain available for this purpose at all times to the satisfaction of the Responsible Authority.

Comply with SEPP N-1

  1. Noise levels emanating from the premises must not exceed those required to be met under the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade), No. N-1.

Comply with SEPP N-2

  1. Noise levels emanating from the premises must not exceed those required to be met under State Environment Protection Policy (Control of Music Noise from Public Premises), No. N-2.

Barwon Water conditions

Water

  1. Additional tapping(s) are to be supplied to service the proposed development. The tapping required for the Gateway Plaza Shopping Centre may include a fire service and backflow prevention device (including backflow agreement). Note that tapping’s and services are not to be located under existing or proposed driveways.

  2. The water supply tapping should be from the DN100mm PVC water main in Melaluka Road.

    31.      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

  1. The provision of sewerage services to service the Gateway Plaza Shopping Centre in accordance with Barwon Water’s requirements and Victorian Plumbing Regulations. 

  2. The development will be serviced via connection to the existing DN300 sewer main in Melaluka Road. Based on the plans provided, it is unlikely this sewer can command all of the rezoned commercial zone by gravity. The developer is required to provide detailed designs for audit in accordance with Barwon Water’s requirements in the Land Development Manual which demonstrate that required areas are serviced with sewerage.

  3. A trade waste agreement will be required for the Gateway Plaza Shopping Centre.

General

  1. Any plan submitted under the Subdivision Act 1988 must be forwarded to Barwon Water under Section 8 of that Act.

  2. The proposed development is to conform to Barwon Water’s Asset Protection Policy. No structures or planting of trees will be permitted within any sewerage or water easement and where any structure is proposed to be within 1.0m of a sewer or water main, approved engineering design plans are to be submitted that demonstrate the structure will have no impact any Barwon Water asset. 

  3. 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 development.     

Vicroads conditions

  1. Demonstrate how the proposed development will safely cater for all road users including buses, bicycles and pedestrians.

  2. Details of mitigating works to upgrade the Bellarine Highway/Clifton Street Avenue intersection such as the installation of left and right turn lanes, and traffic signals.

  3. Details of the scope of works required for the installation of additional street lighting within Bellarine Highway’s road reserve between Clifton Avenue and Melaluka Road.

  4. Additional central median breaks within the Bellarine Highway to the overall development site will not be permitted.

  5. All mitigating works must be designed and constructed to VicRoads’ satisfaction, in which a separate consent for all works is required under the Road Management Act.

Public Transport Victoria conditions

  1. The permit holder must take all reasonable steps to ensure that disruption to bus operations is kept to a minimum during construction. Foreseen disruptions to bus operations must be communicated with mitigation measures to Public Transport Victoria and bus operators one (1) week prior.

  2. Prior to the commencement of the works within the shopping centre the existing bus stop and shelter (within the centre) including all associated infrastructure, must be relocated or replaced to Melaluka Drive at a cost born by the permit holder to the satisfaction of Public Transport Victoria and deemed compliant with the Disability Discrimination Act – Disability Standards for Accessible Public Transport 2002.

Expiry of Permit

  1. This permit will expire if one of the following circumstances applies:

    1. The development is not commenced within four (4) years of the date of this permit.

    2. The development is not completed within six (6) years of the date of this permit.

    3. The use has not commenced within six (6) years of the date of this permit.

    The Responsible Authority may extend the periods referred to if a request is made in writing within six (6) months of the date of expiry.



DRAFT
PLANNING
PERMIT

Permit No.:  1116/2013

Planning Scheme:  Greater Geelong Planning Scheme

Responsible Authority:   Greater Geelong City Council

GRANTED UNDER DIVISION 5 OF
PART 4 OF THE PLANNING AND
ENVIRONMENT ACT 1987
   

Address of the Land:

1-89 Hoares Lane, Leopold

The Permit allows:

Two Subdivision Generally in Accordance with the Endorsed Plans.

The following conditions apply to this permit:

Subdivision to Accord with Endorsed Plan

  1. 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.

Mandatory conditions for subdivision permits

  1. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

  2. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

  3. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

Drainage

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

Permit Expiry

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

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

    2. 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.


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