Planning Evidence Proposed Amendment C99 and combined Section 96A Permit Application

53-69 Raglan Parade, Warrnambool

Prepared by Kirsten Kilpatrick, Tract Consultants for Clinton Baulch Motor Group c/-Myers Planning Group 0316-0222_18 April 2016 4/65 Brougham Street Geelong , 3220

Phone: (03) 5221 0105 www.tract.com.au

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Contents

1 INTRODUCTION 2

1.1 Instruction 2 1.2 Summary of Opinion 2 1.3 Declaration 2

2 Material Relied Upon 3

2.1 Planning Scheme Amendment C99 and Planning Permit Application 2015-0150 3

2.2 Site Analysis 4 2.3 Relevant Planning Policy And Provisions 6

3 Assessment 8

3.1 Appropriate Zoning - Commercial 2 Zone 8 3.2 Strategic Support for Commercial 2 Zone 9 3.3 Appropriate Use and Development of the Land 11

4 Conclusion 12

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1 INTRODUCTION

1.1 Instruction

Myers Planning Group, on behalf of the Clinton Baulch Motor Group, Warrnambool, proposes to rezone the land at 53-69 Raglan Pde, Warrnambool to Commercial 2 Zone (C2Z) in the Warrnambool Planning Scheme. The proposal also seeks approval for the use of land for car sales and motor repairs, buildings and works, display of business identification signage, access to a Road Zone 1 and variation to the requirements of Clause 52.14 ‘Motor Vehicle, Boat and Caravan Sales’.

Myers Planning Group has requested that I assess the application under s.96A of the Planning and Environment Act 1987 for a combined planning scheme amendment and permit application.

My assessment is based on the publically available plans and material submitted with the proposed Amendment and Planning Permit Application.

In preparing this report, I have:

Reviewed the Amendment C99 to the Warrnambool Planning Scheme documentation and Planning Permit application PP2015-0150 and plans prepared by Designing Spaces (Revised October 2015) for 53-63 Raglan Pde, Warrnambool.

Reviewed the Planning Application Report.

Reviewed and considered the relevant provisions in the Warrnambool Planning Scheme.

Submissions received from Norwey Pty Ltd (Warrnambool Homemaker Centre), VicRoads and the proponent.

Council Report ‘Warrnambool Planning Scheme Amendment C99- Land at 53-63, 65 and 69 Raglan Parade, Warrnambool’ (01.02.2016).

Council Report ‘Review of Warrnambool Eastern Activity Centre Structure Plan’ (07.03. 2016).

Amendment C93 to the Warrnambool Planning Scheme.

I have reviewed material associated with the Amendment C99 and combined Section 96A Permit Application and undertaken an inspection of the site and locality prior to the preparation of this assessment.

1.2 Summary of Opinion

Having considered the key planning issues, in conjunction with the material listed above, I am of the opinion that:

The proposal to rezone the land to Commercial 2 Zone is consistent with the objectives of the Warrnambool Planning Scheme.

The Commercial 2 Zone is the most appropriate planning mechanism for the subject site.

The proposed use and development of the land is also consistent with the requirements of the Warrnambool Planning Scheme, including the objectives of the Commercial 2 Zone.

The proposal is consistent with the ‘Draft Warrnambool Eastern Activity Centre Structure Plan (March 2016)’ a seriously entertained planning proposal which applies to the subject land.

1.3 Declaration

In the preparation of this assessment, I have been assisted by Taila Maher, Town Planner who has performed her tasks under my instruction and supervision.

I have made all the inquiries that I believe are desirable and appropriate and that no matters of significance, which I regard as relevant, have to my knowledge been withheld.

A statement of my experience and expertise is provided at Attachment 1 of this report.

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2 MATERIAL RELIED UPON

2.1 Planning Scheme Amendment C99 and Planning Permit Application 2015-0150

The subject land is currently zoned Schedule 1 to the General Residential Zone (GRZ1) and adjoins Road Zone – Category 1 (RDZ1). The site is not affected by any overlays. A Heritage Overlay Schedule (HO145) is located to the west and Schedule 1 to the Development Plan (DPO1) is located to the south. The subject is also located in an area of Aboriginal Cultural Heritage Sensitivity.

The subject land is currently used as a three separate motels – Southern Right Motor Inn (53-63 Raglan Pde), Motel Warrnambool (65 Raglan Pde) and Gateway Motor Inn (69 Raglan Pde).

A combined Amendment C99 and planning permit application 2015-0150 to the Warrnambool Planning Scheme proposes to:

Rezone land at 53-63, 65 and 69 Raglan Parade, Warrnambool from General Residential Zone Schedule 1 (GRZ1) to the Commercial 2 Zone (CZ2)

Amend Planning Scheme Map No. 10 in the Warrnambool Planning Scheme.

The permit application for 53-63 Raglan Pde, Warrnambool seeks for:

Use of land for car sales and motor repairs and servicing;

Buildings and works for car dealership;

Display of business identification signage;

Access to a Road Zone; and

Vary to the requirements of Clause 52.14 ‘Motor Vehicle, Boat and Caravan Sales’ of the Warrnambool Planning Scheme.

Relevant permit triggers to this application include:

Clause 34.02- Use and development of land for motor vehicle sales (car sales)

Clause 52.05- Display business identification signage

Clause 52.29- Create and alter access to a road in a Road Zone, Category 1

Clause 52.14- Motor Vehicle, Boat or Caravan Sales (applies as the land is located in a residential zone)

The proposal is seeking to provide:

A total floor area of approximately 1,650 sq m in the form of two car sales showroom an office administration areas and a workshop. The building

A total of 41 car parking spaces.

Proposal to operate six (6) days per week, car sales showroom between 8.00am and 6.00pm Monday to Friday and between 8:30am to 4:00pm Saturdays. The workshop will operate between 8:00am and 4:30pm Monday to Friday.

The combined Planning Scheme Amendment and Planning Permit application was lodged in September 2015 and exhibited for the statutory 4 week period in November/ December 2015.

Three submissions were received – two supporting submissions from the applicant and VicRoads (subject to conditions). Norwey Pty Ltd (the owners of the Warrnambool Homemaker Centre), adjoining the subject site, to the east, objected to the proposal. The grounds for objection are:

GRZ1 1 is the appropriate zone to accommodate the existing motel uses.

The proposal is inconsistent with the Eastern Activity Precinct Structure Plan 2004.

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The proposal will generate poor planning outcomes “with sprawl further west along the south side of Raglan Street”.

At its meeting on 1 February 2016, Council resolved to request the Minister for Planning to appoint an independent Panel to consider submissions received to Amendment C99 and Planning Application PP2015-0150.

2.2 Site Analysis

The relatively flat site is located along a key entrance to Warrnambool, on the eastern fringe of Warrnambool, approximately 3.5km east of the Warrnambool Central Business District in the Warrnambool Eastern Activity Precinct.

The subject site comprises of three separate ownerships of land. The land includes:

53-63 Raglan Parade, Warrnambool (Por. 6 Sec. 1 Parish of Wangoom)

65 Raglan Parade, Warrnambool (Lot 1 TP9030); and

69 Raglan Parade, Warrnambool (Lot 1 LP205354).

The surrounding uses include:

Gateway Plaza Shopping Centre is approximately 600m north-west of the subject site.

Bunnings Warehouse complex is located approximately 250m north-east.

Warrnambool Homemaker Centre is directly east.

North, south and west of the subject site is vacant rural land. Further east is an established residential area approximately 230m away. Approximately 180m south of the subject site is the Melbourne-Warrnambool Railway line.

The overall area of the subject sites (53-69 Raglan Pde) is approximately 16,200sqm. The sites have approximately 185m of frontage to Raglan Parade.

A bus stop is located approximately 120 meters west of the subject site.

53-63 Raglan Parade, Warrnambool The site is rectangular in shape and is approximately 8,000 sqm. The site is currently used as a motel identified as the ‘Southern Right Motor Inn’.

65 Raglan Parade, Warrnambool The site is rectangular in shape and is approximately 4,200sqm. The site comprises as an existing motel identified as ‘Motel Warrnambool’.

69 Raglan Parade, Warrnambool The site is rectangular in shape and is approximately 4,000sqm. The site comprises as an existing motel identified as ‘Gateway Motor Inn’ and restaurant.

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Figure 1- Aerial Plan

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2.3 RELEVANT PLANNING POLICY AND PROVISIONS

The policies in the State Planning Policy Framework (SPPF), Municipal Strategic Statement (MSS) and the Local Planning Policy Framework (LPPF) which are relevant to the proposal include:

State Planning Policy Framework (SPPF)

Clause 11 Settlement

Clause 11.09 Great South Coast regional growth

Clause 15 Built Environment and Heritage

Clause 17 Economic Development

Municipal Strategic Statement (MSS)

Clause 21 Municipal Strategic Statement

Clause 21.02 Key Influences

Clause 21.03 Vision- Strategic Framework

Clause 21.06 Environment

Clause 21.07 Economic Development

Local Planning Policy Framework (LPPF)

Clause 22.30 Economic Development

22.03-4 Retail and Commercial Use

22.03-5 Eastern Activity Precinct

Zone Provisions

Clause 32.08 General Residential Zone (Schedule 1)

Particular Provisions

Clause 52.05 Advertising Signs

Clause 52.06 Car Parking

Clause 52.07 Loading and Unloading of Vehicles

Clause 52.14 Motor Vehicle, Boat or Caravan Sales

Clause 52.29 Land Adjacent to a Road Zone, Category 1 or a Public Acquisition Overlay for a Category 1 Road

Clause 52.34 Bicycle Facilities

Strategic Policies

Warrnambool Eastern Activity Precinct Structure Plan-2004

Warrnambool Retail Strategy- 2007

Warrnambool Eastern Activity Centre Structure Plan- Draft March 2016

Amendment C93 to the Warrnambool Planning Scheme

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Figure 2 – Zoning Map

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3 ASSESSMENT

3.1 Appropriate Zoning - Commercial 2 Zone

The subject site is currently zoned GRZ1 in the Warrnambool Planning Scheme does not support the proposed use and development of the land. The purpose of Clause 32.05 is:

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

To encourage development that respects the neighbourhood character of the area.

To implement neighbourhood character policy and adopted neighbourhood character guidelines.

To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport.

To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

The objectives of Clause 22.03 ‘Economic Development’ encourage investment and the GRZ1 is not an appropriate zone to facilitate future gateway developments, including tourism, industry or other appropriate uses.

The proposed use and development of the land for ‘Motor repairs’ and ‘motor vehicle, boat or caravan sales’ are prohibited in the GRZ1. Motor vehicle boat, or caravan sales is “land used to sell or hire motor vehicles, boats, or caravans. It may include the minor repair or servicing of motor vehicles, boats, or caravans, and the sale of fitting of accessories”. Motor repairs is “land used to repair or service motor vehicles, and includes the fitting of accessories”.

‘Section 3 - Prohibited’ uses include Industry (other than Car wash) and Retail Premises (other than Community market, Convenience Shop, Food and Drink premises, Plant Nursery). The proposed uses are nested under Industry (Motor repairs) and Retail Premises (motor vehicle, boat or caravan sales). A planning scheme amendment is required to facilitate the proposed use and development of the land.

It is my opinion that rezoning the land to Commercial 2 Zone is a better planning outcome and implements the objectives in the Warrnambool Planning Scheme to develop the Eastern Activity Precinct.

The objectives of the C2Z zone are:

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

To encourage commercial areas for offices, appropriate manufacturing and industries, bulky goods retailing, other retail uses, and associated business and commercial services.

To ensure that uses do not affect the safety and amenity of adjacent, more sensitive uses.

Industry is a ‘Section 1- Permit not required’ use subject to conditions.

Industry (other than Materials recycling and Transfer station)

Must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10.

The land must be at least the following distances from land (not a road) which is in a residential zone, Commercial 1 Zone, Capital City Zone, Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:

The threshold distance, for a purpose listed in the table to Clause 52.10.

30 metres, for a purpose not listed in the table to Clause 52.10.

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The C2Z includes a greater range of ‘as of right’ uses including cinema, office and shop and warehouse. Norwey, the objector, is concerned that the zone proposed use may support commercial uses which are contrary to Clause 21.07 or the proposed Clause 21.02 (Amendment C93).

Amendment C99 will support a greater range of uses however the strategic justification for the zoning is reinforced by the recent Review of the Warrnambool Eastern Activity Centre Structure Plan (March 2016) and Clause 21.02-1 ‘Activity Centre’ in the Warrnambool Planning Scheme Review (Amendment C93) which are seriously entertained planning proposals that support bulky goods/ highway related uses in this location.

3.2 Strategic Support for Commercial 2 Zone

Clause 11.01-2 aims “to encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community”. The proposal will support this objective and promote mixed-use land uses and functions within the activity centre.

Clause 17 ‘Economic Development’ aims to provide for a strong innovative economy, where all sectors of the economy are critical to economic prosperity. Rezoning the subject land will provide positive economic outcomes through investment and job creation.

Clause 21.01 Municipal Strategic Statement The demand for bulky goods retailing is growing and has concentrated along the Princes Highway [Raglan Pde] which offers large, level sites with a high degree of exposure”. Clause 21.07/ Clause 21.01-2 (Amendment C93) identifies auto sales as an appropriate use to be located in the ‘Principal Bulky Goods precinct’.

Clause 21.07-2 Economic Development Objectives “to consolidate Gateway Plaza and Environs as the secondary retail centre in Warrnambool serving a sub-regional role and providing a local centre to residents living in east Warrnambool and surrounding districts”. Amendment C99 will not compromise the primacy of Warrnambool’s Central Business District or the role of the Gateway Plaza as the secondary retail centre.

Pursuant to Clause 21.07 ‘Economic Development’ in the Warrnambool Planning Scheme the subject land is located in the Eastern Activity Precinct (EAP) which provides strategic support for the proposed rezoning and planning permit application:

The Eastern Activity Precinct (EAP) is a major activity centre in Warrnambool, comprising several key developments that are unified by the Princes Highway (Raglan Parade). The EAP contains several sub-precincts: a regional bulky goods cluster, the Flying Horse Inn mixed use development, and Gateway Plaza and Environs, which is the secondary retail centre in the City, providing a range of weekly and discretionary goods to east Warrnambool and surrounding districts. New investment is encouraged in the EAP to deliver an expanded range of complementary roles and services that reinforce its role as a major activity centre but in a manner which supports the City Centre.

The EAP objectives are to:

To facilitate the development of a unified, more cohesive precinct, through the delivery of physical and visual integration between Gateway Plaza and Environs, the bulky goods clusters and future surrounding neighbourhoods.

To ensure the establishment of an integrated circulation system between new and existing developments for all modes of transport.

To consolidate Gateway Plaza and Environs as the secondary retail centre in Warrnambool serving a sub-regional role and providing a local centre to residents living in east Warrnambool and surrounding districts.

To ensure that development of Gateway Plaza and Environs does not detract from the role of the City Centre as the principal activity centre in the region and the primary retail centre.

To encourage the development of community services and activities such as child care centres, maternal and child health centre and local medical facilities at Gateway Plaza and Environs to diversify its function as a community hub.

To facilitate walkable access through the development of an integrated street system with surrounding residential neighbourhoods and open space networks that link into Gateway Plaza and Environs, as the main social focus of the precinct.

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To effectively manage the development of bulky goods floorspace in the Eastern Activity Precinct to strengthen its regional function.

To encourage bulky goods retailing to be appropriately located within the designated parts of the Eastern Activity Precinct.

To encourage bulky goods retailing to locate in the Warrnambool Homemaker Centre, as well as a limited number of large format retail shops in the form of superstores with a minimum floor area of 1,000 square metres (not discount department store or supermarket) which complement and strengthen the regional role of the Eastern Activity Precinct.

To encourage the establishment of complementary activities such as trade and building supplies, rural and farm machinery supplies, highway sales and showrooms in the Eastern Activity Precinct.

The proposal will redevelop an existing commercial use into a new use which benefits from main frontage to Raglan Pde. The development will also improve the visual amenity of eastern entrance to Warrnambool. Clause 22.03 ‘Economic Development’ provides greater detail regarding the future land use and development of the subject land and Map 1 ‘Warrnambool Eastern Activity Precinct Structure Plan Concept (July 2004)’ identifies the subject land for ‘tourism and accommodation form’ . However, Clause 22.03 does not specify the preferred zoning. In my opinion, a C2Z zone is an appropriate zone for a wide range of tourism and accommodation uses, as well as the proposed Motor vehicle, boat or caravan sales and motor vehicle repairs. The Draft Warrnambool Eastern Activity Precinct Structure Plan (which was considered by Council at its meeting on 7 March 2016) identifies the subject site as expansion of bulky goods/ highway related uses. In my opinion, some strategic weight should be given to this report insofar that the proposed plan recognises this area for bulky goods and highway related uses. The proposed

Clearly, the current Warrnambool Eastern Activity Precinct Structure Plan does not reflect the current influences and recent developments in the area. The Council review of the Eastern Activity Structure Plan reinforces my view that the existing Structure Plan in Clause 22.03 is outdated.

Clause 21.07-1 identifies “new investment is encouraged in the Eastern Activity Precinct to deliver an expanded range of complementary roles and services that reinforce its role as a major activity centre but in a manner which supports the City Centre”. This site’s location is also strategically acknowledged in Clause 21.07-2 to encourage the establishment of …highway sales and showrooms in the Eastern Activity Precinct”.

This site appropriately responds to the surrounding context and strengthens the role of the Eastern Activity Precinct. The Warrnambool Planning Scheme encourages and supports this type of proposal. It is thereby my opinion the car sales centre is appropriate for this location.

In my opinion, the proposal will not compromise the general residential zone (GRZ1) to the south and west nor encourage an incompatible land use. The subject site is identified in the Eastern Activity Precinct Structure Plan as residential, however the proposal adjoins a road zone category 1 (RZ1) and an existing activity centre. Any potential amenity issues to arise from this proposal can be controlled through planning permit conditions.

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3.3 Appropriate Use and Development of the Land

In my opinion, the location is appropriate for the proposed car sales centre and motor repairs. The site operates within an existing activity centre and has strategic policy support in the existing Planning Scheme and Amendment C93.

The site is strategically located on the eastern fringe and along a main entrance to the town. It is appropriate for car sales centres to be adjoining a Road Zone Category 1 which will benefit from the highway frontage.

The draft permit addresses the matters raised by VicRoads regarding access to the site from Raglan Pde, and the provision of landscaping will improve the Raglan Pde streetscape. The general amenity of the proposed use will be managed by conditions in the permit. The restricted hours of operation to normal business hours will minimise any potential amenity impacts.

The site is identified in the Warrnambool Eastern Activity Precinct auto sales at this location. Amendment C93 and the Draft Warrnambool Eastern Activity Centre Structure Plan supports also auto sales at this location.

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4 CONCLUSION

In my opinion, the Amendment C99 to the Warrnambool Planning Scheme and Planning Permit application PP2015-0150 should be approved for the following reasons:

The proposal to rezone the land to Commercial 2 Zone is consistent with the objectives of the Warrnambool Planning Scheme.

That the Commercial 2 Zone is the most appropriate planning mechanism for the subject site.

The proposed use and development of the land is also consistent with the requirements of the Warrnambool Planning Scheme, including the objectives of the Commercial 2 Zone.

The proposal is consistent with the ‘Draft Warrnambool Eastern Activity Centre Structure Plan (March 2016)’ a seriously entertained planning proposal which applies to the subject land.

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Appendix 1- Kirsten Kilpatrick- Experience and Qualifications

Kirsten Kilpatrick

Principal Town Planner

Tract Consultants Pty Ltd

Town Planners, Urban Designers and Landscape Architects

4/65 Brougham Street

Geelong VIC 3220

Qualifications:

Principal Town Planner Tract Consultants Pty Ltd

MBA, Deakin University

Grad Dip (Urban Planning), VUT

BA (Urban Planning), VUT

MPIA, Former UDIA Geelong Committee Member, Board Member Committee for Geelong

Director, Geelong Performing Arts Centre (GPAC) Trust

Director, Committee for Geelong

Experience

2010 to date- Tract Consultants Pty Ltd

2008-2010- Deakin University- Strategic Project Officer

2004-2008- Department of Sustainability and Environment- Strategic Planning Co-ordinator

1998-2004- Business Victoria- Business Development Officer

1995-1998- City of Wyndham- Statutory & Recreation Planner

1994-1995- City of Greater Geelong- Statutory Planner

With 20 years professional experience, Kirsten provides statutory and strategic planning advice, development facilitation, land use planning and policy formulation services to a range of government and private clients.

Areas of Expertise:

Planning Scheme Amendments- preparation, coordination and negotiation;

Land use re-zonings;

Structure Planning- preparation, review and advice to both government and developers;

Development Plan preparation and negotiation;

Use and development- planning permits;

Advocate services- submissions and negotiation of client concerns; and

Expert services- peer review and expert evidence.

Instructions:

To provide my opinion on the following matters:

Provide an opinion on the Amendment C99 and planning permit 2015-0150.

Provide an opinion on the appropriateness of proposal within the context and preferred uses within the precinct and the consistency with the policies in the Warrnambool Planning Scheme.

Review and provide an expert opinion on the appropriate planning tools to facilitate the proposal.