275 BARHAM RIVER ROAD, APOLLO BAY · The proposal will adversely impact the night sky of the location through ... Council detailed above and the submissions to the second round of

11 SEPTEMBER 2018 PREPARED FOR OCEANS UNITED INVESTMENT GROUP PTY LTD

275 BARHAM RIVER ROAD, APOLLO BAY STATEMENT OF TOWN PLANNING EVIDENCE BY MICHAEL BARLOW

© Urbis Pty Ltd ABN 50 105 256 228 All Rights Reserved. No material may be reproduced without prior permission. You must read the important disclaimer appearing within the body of this report. urbis.com.au

URBIS STAFF RESPONSIBLE FOR THIS REPORT WERE:

Director Michael Barlow

Project Code P0000697

Report Number Evidence Report_Final

CONTENTS

URBIS EVIDENCE REPORT_FINAL

TABLE OF CONTENTS

1. Introduction ........................................................................................................................................... 1

1.1. The Proposal ......................................................................................................................................... 1

1.2. The Application ..................................................................................................................................... 2

1.3. Guide to Expert Evidence ..................................................................................................................... 3

1.4. Summary of my Findings ...................................................................................................................... 6

2. Planning Framework ............................................................................................................................. 7

2.1. Planning Policy Framework .................................................................................................................. 7

2.1.1. Victorian Coastal Strategy, 2014 .......................................................................................................... 7

2.1.2. Great Ocean Road Region Landscape Assessment Study, 2003 ....................................................... 8

2.1.3. The Great Ocean Road Region – A Land Use and Transport Strategy 2004 ...................................... 9

2.1.4. G21 Regional Growth Plan ................................................................................................................. 10

2.1.5. Other Planning Policy Framework considerations .............................................................................. 10

2.2. Local Policy Framework ...................................................................................................................... 11

2.2.1. Colac Otway Rural Land Strategy, 2007 ............................................................................................ 14

2.3. Current Planning Controls for the Site ................................................................................................ 14

3. Planning Considerations ..................................................................................................................... 16

3.1. Overview ............................................................................................................................................. 16

3.2. The Role and Need for The Facility .................................................................................................... 16

3.2.1. The Role and Growth of Tourism in Colac Otway .............................................................................. 16

3.2.2. Economic and Social Impacts of the Proposal ................................................................................... 19

3.3. Consistency of the proposal With Planning Policy ............................................................................. 20

3.3.1. Appropriateness of the Site for Tourism Activities .............................................................................. 20

3.3.2. Appropriateness of the Built Form Response and Visual Impact ....................................................... 22

3.3.3. Bushfire ............................................................................................................................................... 29

3.3.4. Flooding and Water Catchment Management .................................................................................... 29

3.3.5. Summary ............................................................................................................................................. 30

3.4. Potential Amenity Impacts .................................................................................................................. 30

3.4.1. Light Spill ............................................................................................................................................ 30

3.4.2. Noise ................................................................................................................................................... 31

3.5. Conclusion .......................................................................................................................................... 31

Appendix A Detailed Site Description

Appendix B Summary of Planning Controls


FIGURES:

Figure 1 – Great Ocean Road Region Landscape Assessment Study, Precinct 2.4: Apollo Bay Coastal Valleys and Hills ................................................................................................................................................. 9

Figure 2 – Colac Otway Strategic Framework Plan (Clause 21.02 - Vision) .................................................... 13

Figure 3 – Site Location Plan

Figure 4 – Aerial Photograph, Site Location

Figure 5 – Zoning Plan

Figure 6 – Significant Landscape Overlay

Figure 7 – Erosion Management Overlay

Figure 8 – Environmental Significance Overlay

Figure 9 – Bushfire Management Overlay

Figure 10 – Land Subject to Inundation Overlay

Figure 11 – Area of Potential Cultural Heritage Sensitivity

CONTENTS


INTRODUCTION 1

1. INTRODUCTION 1. I have been requested by Planning and Property Partners, on behalf of Oceans United Investments

Group Pty Ltd, to provide my expert planning opinion in relation to the application for planning permit for a tourist development at 275 Barham River Road, Apollo Bay.

2. The subject site comprises a site of some 104 hectares at 275 Barham River Road, Apollo Bay. Formally known as Lot 1 on Title Plan 757287Q, and Lot 2 on PS 515118F the land is generally regular in shape except for the northern frontage which follows the Barham River Road and the Old Hordern Vale Access Road alignments.

3. The subject site is an elevated property, in the Apollo Bay hinterland. The site can be characterised as undulating pastoral land. The land rises from approximately RL10.5 at Barham River Road to between RL102.5 and RL105 at the western edge of the site.

4. The views from site include expansive views over the Apollo Bay and Marengo townships to the ocean.

5. A more detailed review of the subject site is provided at Appendix A.

Picture 1 – View Looking East from Subject Site (approx. location of the southern wing of the main hotel building)

1.1. THE PROPOSAL 6. An application for planning permit was lodged with Council in July 2017. The application sought

permission for an ‘Integrated Tourism Resort’, which encompasses the land uses of Residential Hotel and Leisure and Recreation facility.

7. I am instructed that the application has been revised from that originally lodged and is now described as “Use and development of land for a residential hotel and associated leisure and recreation facility and removal of vegetation”.

8. The original application proposed a staged development of 180 hotel rooms and 82 villas as stage 1 and a hotel extension (200 room) and 140 additional villas in Stage 2. Stage 2 was also to include a conference and wedding centre, yoga retreat etc.

9. The revised application now proposes a single stage of development only and encompasses the following elements:

▪ Hotel, including:

− 180 guest rooms (including 30 deluxe rooms)

− Bar/restaurant (proposed hours 6.00am – 10.00pm)

− Main restaurant (max capacity of 150 guests, proposed hours 6.00am – 10.00pm)

− Observatory

INTRODUCTION 2 URBIS

EVIDENCE REPORT_FINAL

− Wellness Centre (including 25m pool and treatment rooms, massage, proposed hours 6.00am – 10.00pm)

− Retail Stores

▪ 82 Villas comprising:

− 11 North ‘Ridge Villas’

− 11 West ‘Water Villas’

− 60 to South/South East ‘Creek Plateau Villas’, ‘Pasture Villas’

▪ Staff & maintenance facilities (includes on site staff accommodations for up to 30 persons)

▪ Vineyard & orchard

10. The revised application has made modifications for the siting of buildings (including the main hotel building and the villa units), generally in accordance with the recommendations of the Golders Geotechnical Report dated 1 November 2017.

1.2. THE APPLICATION 11. The planning permit application PP169/2017 was initially lodged in July 2017. The application was

advertised, and I understand that Council received 181 objections and 14 submissions in support of the proposal.

12. In November 2017 the Council resolved to request the Minister for Planning to call in the application. The resolution was on the basis that:

... the proposal raises significant issues in relation to State regional development and tourism development objectives related to the Great Ocean Road as identified in Clause 11.07 Regional Victoria, Clause 11.09 Geelong (G21), Clause 12.02-4 Coastal Tourism, Clause 12.02-6 Great Ocean Road Region and Clause 17.03 Tourism in the State Planning Policy Framework.

13. The Minister for Planning has established an Advisory Committee to provide recommendations. I note that at the time of the request for Ministerial Intervention, Council had not confirmed their position in relation to the proposal.

14. I understand that the application for planning permit was formally amended, revised plans were prepared and made available for advertising in July 2018. It is these plans that I refer to in this evidence statement.

15. I understand that some 115 submissions to the revised exhibition were received. In addition to community submissions, formal referral responses were received from Barwon Water, Corangamite Catchment Management Authority, Country Fire Authority, DELWP (Environment) and Transport for Victoria.

16. I note that the Council officer report assessing the proposed use and development supported the proposal and recommended the issue of a Notice of Decision to approve the application subject to conditions.

17. At the special Council meeting of 15 August 2018, the Council resolved to not support to the proposal on the following grounds:

▪ The proposal is inconsistent with the purpose of the Rural Activity Zone by virtue of the scale of the development and its visual prominence in the surrounding landscape, and that it would detract from the environmental and agricultural aspects of the location.

▪ The proposal will be visually obtrusive on the site and will detrimentally impact on the wider landscape which is nationally significant.

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INTRODUCTION 3

▪ The proposal has not provided clear justification that the geotechnical and landslip risks have been adequately identified and appropriately responded to the requirements of the Erosion Management Overlay Schedule 1.

▪ The anticipated vegetation removal along the central designated waterway on the site is contrary to the objectives of the Rural Activity Zone, Significant Landscape Overlay Schedule 3 and Clause 52.17.

▪ The proposal has not provided appropriate parking to service the main hotel building.

▪ The proposal will result in unreasonable traffic impacts on the Barham River Road without widening of the Barham River Road.

▪ The additional traffic generated by the proposal will have unreasonable impacts on the amenity of residents along Barham River Road, Nelson Street and other local roads.

▪ The access to the site along Barham River Road is affected by flooding of the Barham River from time to time, and it has not been adequately demonstrated how this will impact on accessibility to the site by patrons and staff.

▪ The proposal will adversely impact the night sky of the location through lighting across the site associated with the use/development.

▪ The opportunity for emergency evacuation is limited.

18. Further the resolution raised concerns with respect to two uses/development on site that had not been specifically included as permit triggers in the application:

Requests the Panel to seek further information on the reference to a proposed telecommunications tower within the site, to ensure that any new facility is appropriately sited and designed to minimise amenity impacts.

Notes that reference is made within the amended application documentation to transfer of persons to the site via helicopter, and that this would require a specific authorisation to be given through a planning permit. No such authorisation has been sought for the current application, and Council notes that such a proposal would be contrary to the Rural Activity Zone.

19. As the amended planning permit application does not formally seek the use and development of either a telecommunications tower or helicopter landing site, I have not considered these facilities in this evidence statement.

20. The focus of my planning assessment relates to the matters raised by the grounds of objection of Council detailed above and the submissions to the second round of advertising to the extent they are planning matters.

21. I understand that other expert evidence will be brought to respond to the other grounds.

1.3. GUIDE TO EXPERT EVIDENCE 22. I acknowledge that I have read and complied with the Guide to Expert Evidence prepared by

Planning Panels Victoria. In accordance with this guide, I provide the following information.

Name and Address

Michael Bruce Barlow Urbis Pty Ltd Level 12, 120 Collins Street, Melbourne VIC 3000



Qualifications and Experience

23. I am a Director of Urbis Pty Ltd. I am a qualified town planner and have practised as a town planner for over 40 years (including 33 as a consultant planner) and hold a Diploma of Applied Science (Town Planning) from Royal Melbourne Institute of Technology for which I qualified in 1981.

24. My experience includes:

▪ 2011 to present: Director of Planning, Urbis Pty Ltd

▪ 2002 to 2010: Managing Director, Urbis Pty Ltd

▪ 1990 – 2001: Director of Urbis Pty Ltd (and its predecessors including A.T. Cocks)

▪ 1985 – 1990: Senior Planner, A.T. Cocks Consulting

▪ 1982 – 1985: Planning Officer and Appeals Officer, City of Melbourne

▪ 1981 – 1982: Planning Officer, Shire of Eltham

▪ 1977 – 1980 Planning Officer, City of Doncaster and Templestowe

25. I advise on the development of cities; their principal activities and land uses and have extensive experience in strategic and development planning. I have been engaged on a wide range of projects throughout Australia, China and the Middle East. I have particular project experience involving major urban development projects across a range of localities and activities including:

▪ The analysis of drivers of change in cities and their impacts and influence on industry, employment and economic development, retail and activity centres, residential development strategies and policy, metropolitan growth and urban management.

▪ The preparation of master plans for institutional and educational establishments, airports and new urban development.

▪ A wide range of international urban development projects including the planning of the new port city serving Shanghai and major city and new town strategies for a number of cities within the Yangtze River corridor, China.

▪ Leadership of the development of a comprehensive Framework Plan for the Emirate of Dubai. This project created a Vision to guide the economic development of the Emirate, an Urban Framework Plan and an Urban Management System for the government of Dubai.

▪ Advice on new and specialist land uses and development concepts including the ongoing development of major Australian airports, the introduction and impacts of new retail concepts and the development of new tourist accommodations and tourist facilities.

I provide expert evidence at various forums including the Supreme Court of Victoria, Federal Court of Australia, Land and Environment Court (NSW), the Victorian Civil and Administrative Tribunal (VCAT) and independent planning panels regarding the planning implications and impacts of development.

Expertise to make the report

26. I have advised on and assessed planning permit applications for development proposals across Victoria.

Instructions

27. My instructions from Planning and Property Partners on behalf of Oceans United Investment Group Pty Ltd were to:

▪ Review the material supplied to you in relation to the Permit Application;

▪ Consider and formulate your own opinions with respect to the relevant town planning matters within the limits of your expertise; and

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INTRODUCTION 5

▪ Prepare a report which sets out the conclusions you have reached, and clearly states the basis upon which you have arrived at those conclusions, including any facts you have relied upon or assumptions which you have made which form part of the reasoning by which you reach your conclusions.

28. I confirm that I am the author of this report. I was assisted with background research by Ms Laura Thomas.

The Facts, Matters and Assumptions on which the Opinions are Expressed in this Report

29. In undertaking my assessment, I have inspected the site and the surrounding area. I have also considered the following documents that relate to the proposal, including:

▪ The documentation submitted with the planning permit application (July 2017);

▪ The revised planning permit application, including updated technical reports (May 2018);

▪ The additional documentation submitted at the direction of the Advisory Committee (June 2018);

▪ The Council officer report and minutes of the Council meeting of 15 August 2018 which determined to not support the application;

▪ Draft without prejudice planning permit conditions;

▪ The planning policy provisions of the Colac Otway Planning Scheme and the detailed planning controls pertaining to the subject site including:

− Victorian Coastal Strategy (Victorian Coastal Council, 2014)

− The Great Ocean Road Region Landscape Assessment Study (Department of Sustainability and Environment, 2003)

− The Great Ocean Road Region - A Land Use and Transport Strategy (Department of Sustainability and Environment, 2004)

− G21 Regional Growth Plan (Geelong Region Alliance, 2013)

▪ Planning Panel reports considering various planning scheme amendment proposals in the Shire of Colac Otway;

▪ Reports of the Reformed Zones Ministerial Advisory Committee in relation to the Rural Zones, together with various explanatory reports and practice notes regarding the application of the Rural Zones;

▪ Various federal and state tourism body policies and strategies covering the Great Ocean Road region;

▪ The submissions before the Advisory Committee, including both public and referral authority submissions.

30. The matters addressed within this report fall within my planning expertise. I note in the body of my report where I have specifically relied on supporting documentation prepared by others to assist my assessment of a particular matter.

Declaration

31. I declare that in preparing the material contained in this report I have made all inquiries that I believe are desirable and appropriate and no matters of significance which I regard as relevant have to my knowledge been withheld from the Advisory Committee.



1.4. SUMMARY OF MY FINDINGS 32. In summary it is considered the proposed resort hotel will support the continued growth and

development of Australia’s tourism industry. The proposal represents in my view a positive outcome for the site and the strategic planning for Apollo Bay.

33. My detailed findings are set out in the body of this report.

34. It is my opinion that the planning permit application (as amended) warrants approval.


PLANNING FRAMEWORK 7

2. PLANNING FRAMEWORK 35. The subject site is located on the Barham River Road, Apollo Bay. The subject site is located

approximately 3.6km south west of the Apollo Bay town centre.

36. This section of my report provides an overview of the strategy and associated planning controls applicable to Apollo Bay within the Colac Otway Shire.

2.1. PLANNING POLICY FRAMEWORK 37. Clause 11.03-5R The Great Ocean Road Region seeks to manage the sustainable development of

the Great Ocean Road Region.

38. Strategies to achieve this, relevant to the subject development include:

Encourage sustainable tourism and resource use by:

▪ Developing a network of tourism opportunities throughout the region.

▪ Supporting tourism activities that provide environmental, economic and social benefits.

▪ Supporting the land use and transport needs of key regional industries including tourism.

▪ Using natural resources with care.

39. This clause requires decision makers to consider as relevant:

▪ Victorian Coastal Strategy (Victorian Coastal Council, 2014)

▪ The Great Ocean Road Region Landscape Assessment Study (Department of Sustainability and Environment, 2003)

▪ The Great Ocean Road Region - A Land Use and Transport Strategy (Department of Sustainability and Environment, 2004)

2.1.1. Victorian Coastal Strategy, 2014

40. The Victorian Coastal Strategy (VCS) is a Policy Guideline document in the Planning Policy Framework.

41. The VCS provides some broad parameters for Visitation and Tourism1, including for the Great Ocean Road region as follows:

1. A diverse range of visitor and tourist experiences is available in suitable locations

2. Visitor and tourism developments exhibit exemplary design standards, integrate with the surrounding coastal landscape and setting, and enhance environmental and heritage values

3. The carrying capacity of coastal locations designated for use and development determines the level of visitor and tourist services provided in that location

42. The VCS2 recognises visitation and tourism as a key economic driver for Victoria. The VCS highlighted the changes to zoning that would facilitate the current proposal:

‘Recent changes proposed to rural planning zones increase discretion and flexibility for councils to consider tourism development in rural and farming areas. As a result, uses that were previously either restricted or prohibited, such as certain types of accommodation and some retail development, may now be considered, subject to planning permit application. This creates opportunities for

1 Victorian Coastal Council – Victorian Coastal Strategy 2014, July 2014 – page 68

2 Ibid – page 68

8 PLANNING FRAMEWORK URBIS


additional nature-based, heritage-based or agricultural-based tourism, and ‘eco’ type hotel accommodation.

In coastal locations, these opportunities for quality visitor and tourist developments will need to be balanced with policies which protect significant coastal features and landscapes from the environmental impacts that can arise from high visitor numbers.

43. Further the VCS3 recognised that planning for future accommodation options needed to respond to not only the boutique eco-tourism opportunities but also the emerging ‘mass type/scale tourism’.

2.1.2. Great Ocean Road Region Landscape Assessment Study, 2003

44. The Great Ocean Road Region Landscape Assessment Study (GORRLAS) undertook a comprehensive analysis of landscape character of the Great Ocean Road region and made recommendations regarding areas of having landscape significance within the study area.

45. The GORRLAS4 described the precinct (including the subject site) as follows:

Precinct 2.4 is characterised by a backdrop of tall, steep rugged hills, at the foot of which is gently rolling Land, sloping down to the coast. The wide sandy beach at Apollo Bay curves around to Wild Dog Creek, with grassy dunes and low bluffs behind. The hills that encase the precinct are predominantly cleared with some remnant shrubby foothill and riparian forest vegetation. Numerous rivers and creeks incise the hills and run to the bay, which is vegetated with remnant coastal heathland scrub. This largely open, cleared precinct is surrounded by dense, wet eucalypt forest, providing a stark character contrast.

Distinctive Qualities The Otway Foothills, Valleys and Uplands Landscape character type is located generally at the Foothills of the Otway Forest, both inland and on the coast. It is characterised by hilly topography, varying from gentle to steep, and often incised with rivers, creeks and gullies. A patchwork of paddocks and shelter belts exists throughout this landscape character type, with some remnant vegetation in waterways and valleys.

Within this landscape character type, Precinct 2.4 is distinctive as a location where a number of different landscape elements intersect in a dramatic matter: low sea coast, bayside townships, topographic edge of the Otway Ranges sweeping down to the narrow coastal strip, edge of the forest and the incised, vegetated creek valleys. The edges and inter-relationships between these elements create a landscape setting of national significance.

3 Victorian Coastal Council – Victorian Coastal Strategy 2014, July 2014 – page 68

4 Great Ocean Road Region Landscape Assessment Study, Precinct Package, Precinct 2.4, Planisphere for Department of

Sustainability and Environment, 2003, page 2



Figure 1 – Great Ocean Road Region Landscape Assessment Study, Precinct 2.4: Apollo Bay Coastal Valleys and Hills

2.1.3. The Great Ocean Road Region – A Land Use and Transport Strategy 2004

46. The Great Ocean Road extends some 242 kilometres from Torquay to its junction with the Princes Highway east of Allansford in western Victoria. Whilst most of the road abuts Bass Strait, the road also includes inland components, including in the vicinity of the subject site.

47. As the Great Ocean Road traverses five municipal areas (Colac Otway, Corangamite, Moyne, Surf Coast and Warrnambool) the Strategy was developed to provide an overarching vision for the total road.

48. The Strategy’s four key directions are around the topics of Environment, Settlement, Access and Prosperity as follows:

Environment Settlement

Direction 1 of the Strategy is to protect the

landscape and care for the environment. The

strategies to achieve this direction are:

• Strengthen protection for public land and

parks

• Identify and protect significant landscapes

• Ensure effective protection of catchments and

coastal areas

• Promote the region’s environmental and

cultural values

Direction 2 of the Strategy is to manage the growth

of towns. The strategies to achieve this direction are:

• Respect the character of coastal towns and

promote best practice design for new

Development

• Direct urban growth to townships where it can be

best accommodated and limit growth elsewhere

• Encourage sustainability as the region grows

Access Prosperity

Direction 3 of the Strategy is to improve the

management of access and transport. The strategies

to achieve this direction are:

Direction 4 of the Strategy is to encourage

sustainable tourism and resource use. The

strategies to achieve this direction are:



Environment Settlement

• Enhance the Great Ocean Road as a world-class

travelling experience

• Improve road safety

• Develop and promote inland routes

• Provide more travel choices to and within the

region

• Promote the geographic and seasonal dispersal of

visitors throughout the whole region

• Develop world best practice sustainable tourism

• Direct significant tourism facilities to key towns

and strategic locations

• Support land use and transport needs of key

regional industries

• Use natural resources with care

• Improve safety and emergency management

planning

49. In relation to Direction 2, Apollo Bay is nominated as location for urban growth.

50. Direction 4 recognises the need for high quality accommodation to be encouraged and for Tourism Victoria to be the lead agency in facilitating priority projects. It acknowledges the need for quality accommodation to support the conference and group-travel markets and the desirability of converting day trippers to overnight stays.

51. It is within this broader strategic context that the Geelong G21 Regional Growth Plan was developed.

2.1.4. G21 Regional Growth Plan

52. The G21 Regional Growth Plan was prepared by the Geelong Regional Alliance comprising the municipalities of Greater Geelong, Colac Otway, Surf Coast, Queenscliffe and the southern portion of Golden Plains. The Plan was adopted in December 2013 and is given effect by Clause 11.01-1R of the Planning Policy Framework.

53. The report5 notes the infrastructure gap in tourism infrastructure and notes there is an identified need for convention facilities and major accommodation to grow and develop the region’s attractiveness and visitation.

2.1.5. Other Planning Policy Framework considerations

54. Other broad planning policy considerations include:

▪ Clause 12 – Environmental and Landscape Values

▪ Clause 13 – Environmental Risks and Amenity

▪ Clause 14 – Natural Resource Management

▪ Clause 15 – Built Environment and Heritage

▪ Clause 17 – Economic Development

▪ Clause 18 – Transport

▪ Clause 19 – Infrastructure

5 Geelong Regional Alliance – G21 Regional Growth Plan, April 2013 – page 32



2.2. LOCAL POLICY FRAMEWORK 55. Council’s MSS recognises Apollo Bay as the secondary main centre to Colac. The municipality

includes some of the most scenic and environmentally sensitive land in Victoria – which has a direct link to the tourism opportunities within the municipality.

56. The Land Use Vision (Clause 21.02-2) defines several key land use themes (see Colac Otway Strategic Framework Plan at page 12), including:

Townships

▪ The Apollo Bay Structure Plan (2007) includes the following vision for Apollo Bay, Marengo and Skenes Creek:

- …

- The natural beauty of the area, with its unspoilt beaches set against a dramatic backdrop of rolling hills, provides the overarching character which unites the settlements, and should be reflected in new development;

- …

- Change should take place in Apollo Bay, Marengo and Skenes Creek with a demonstrated commitment to healthy lifestyles and ecological sustainability, and be responsive to the natural environment;

- The settlements should continue to provide for high quality living, offering improved community facilities and services, as well as economic development opportunities, for a self sustaining lifestyle.

Tourism

▪ Opportunities for tourism are provided to contribute to the growth of the Shire.

▪ Tourism growth will be managed sustainably and the environmental and landscape assets that attract tourists and new residents alike will be protected.

▪ Limited opportunities will be provided for tourist related activities in the Apollo Bay hinterland, around the Forrest Township and the Otways.

57. The MSS references the desire to support the growth of tourism as a major employer for the region. However, it also notes the pressure from high rates of development for short-term tourist accommodation. It is noted that the Colac Otway Strategic Framework Plan that forms part of Clause 21.02 specifically identifies the Rural Activity Zoned land near Apollo Bay noting that there are opportunities for tourist related facilities with RAZ.

58. Policy at Clause 21.03 - Settlement seeks to ensure that Apollo Bay and Marengo are to remain distinct coastal settlements. The subject site sits outside the Coastal Settlement Boundary for both Marengo and Apollo Bay and in an area identified for protection from ‘intensive development’.

59. Management of the coastal environment is a major policy focus. Key to management of the natural resources are policies regarding water health and conservation, retention of native vegetation, protection from erosion and flooding (see Clause 21.04 - Environment).

60. A strength of the Shire is the landscape character, particularly along the Great Ocean Road coastline. The MSS recognises the need to retain the dominance of the landscape from key viewing locations and to protect the scenic landscape values of ridgelines.

61. Relevant landscape character strategies (Clause 21.04-8) include:

▪ Locate development sparsely in the hinterland landscape, maximising space available between buildings and structures for vegetation.

▪ Utilise finishes and colours that complement those found naturally in the hinterland landscape, with consideration as to how the material will weather over time.



▪ Between townships, site development a substantial distance from main roads wherever possible.

62. Whilst recognising the key role of agriculture in the shire economy, local policy at Clause 21.05 seeks to:

▪ Encourage tourist related development in association with agricultural enterprises in appropriate locations where development does not compromise use of land for agriculture.

▪ Encourage land management practices that are sustainable and protect the environment.

▪ Provide for innovative agricultural activities that do not detract from the long term sustainability of large-scale agriculture.

▪ Introduce the Rural Activity Zone to selected areas, which better provide for uses and development that are compatible with agriculture and the environmental and landscape characteristics of the area with a focus on areas with moderate to low agricultural capability and in close proximity to the coast or within the Otway Ranges to provide for tourism.

63. Local Tourism policy at Clause 21.05-4 recognises the importance of the tourism industry to the Shire and the need to add more variety to the Shire’s attractions and encourage all-year round activities. The potential conflict of the additional population brought by tourism against environmental values is also acknowledged.

64. The Objectives for tourism in the Shire includes the encouragement of accommodation and related activities which encourages tourist visitation.



Figure 2 – Colac Otway Strategic Framework Plan (Clause 21.02 - Vision)



2.2.1. Colac Otway Rural Land Strategy, 2007

65. The Rural Land Strategy was completed in September 2007 and included as Reference Document in the Colac Otway Scheme via Amendment C55 in 2008. The Rural Land Strategy undertook four major tasks:

▪ Review the biophysical and environmental aspects of the Shire including land use, soils land suitability, water, salinity, flooding, erosion and minerals;

▪ Review the agricultural industries including farm viability and rural activities;

▪ Review the timber plantation industry; and

▪ Provide appropriate planning scheme responses.

66. The 2007 Rural Land Strategy identified changes in use and demand in the rural areas. One concern was that the potential proliferation of tourism-based activities in the Farming Zone would compromises the long-term viability of farming in the Shire.

67. To provide guidance as to appropriate locations for tourism based activities the Strategy6 identified key farming land to be protected and sought to:

Introduce the Rural Activity Zone to selected areas, which better provide for uses and development, which are compatible with agriculture and the environmental and landscape characteristics of the area with a focus on areas with moderate to low agricultural capability and in close proximity to the coast to provide for tourism.

68. The final Rural Land Strategy concluded there was some opportunity to consider limited application of the RAZ and part of the Apollo Bay hinterland was proposed to be rezoned.

69. As is detailed in subsequent sections of this report, the rezoning of the identified Apollo Bay hinterland area to RAZ was exhibited and approved in conjunction with the introduction of the Rural Land Strategy into the Colac Otway Planning Scheme via Amendment C55.

2.3. CURRENT PLANNING CONTROLS FOR THE SITE 70. The subject land is zoned Rural Activity Zone which has the following purpose:

▪ To implement the Municipal Planning Strategy and the Planning Policy Framework.

▪ To provide for the use of land for agriculture.

▪ To provide for other uses and development, in appropriate locations, which are compatible with agriculture and the environmental and landscape characteristics of the area.

▪ To ensure that use and development does not adversely affect surrounding land uses.

▪ To provide for the use and development of land for the specific purposes identified in a schedule to this zone.

▪ To protect and enhance natural resources and the biodiversity of the area.

▪ To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

71. The Rural Activity Zone is described as a mixed use rural zone that caters for farming and other compatible land uses (see Planning Practice Note 42: Applying the Rural Zones).

72. Further, the purpose of the zone provides for the establishment of non-agricultural uses in the zone. This is further recognised through the suite of uses which, subject to a merit based assessment, can

6 RMCG - Colac Otway Rural Land Strategy 2007; page 2



be permitted in the Rural Activity Zone (unlike the provisions of the Farming Zone where non-agricultural activities are tied to rural activities).

73. The Schedule to the Rural Activity Zone describes the purpose of the Apollo Bay Hinterland Rural Activity Zone Land as follows:

The Rural Land Strategy has identified some demands for tourism and accommodation in an area to the west of Apollo Bay that has been included within the Rural Activity Zone. The identification of this area to the west of Apollo Bay does not aim to increase rural living opportunities, but aims to facilitate commercial, tourism or recreation development that will complement and benefit the particular agricultural pursuits, landscape features or natural attractions of the area.

The objective is to provide for a preferred mix of uses in the Rural Activity Zone to the west of Apollo Bay including agriculture; tourist and recreational activities; group accommodation with tourist or recreational activities (including backpacker accommodations, camping and caravan park, cabins, etc); and restaurant, but only in association with a tourist facility or recreational activity.

Development and use in the Rural Activity Zone to the west of Apollo Bay will be of a scale relevant to the land size and surrounding uses; subservient to the landscape so as not to detract from the quality of the landscape; of high quality design and style relevant to the surrounding land uses; capable of net gain environmental outcomes and self-sufficient in the provision of relevant infrastructure and associated development costs.

Uses and development in the Rural Activity Zone to the west of Apollo Bay such as equestrian supplies, helicopter landing site, hotel, landscape gardening supplies, motor racing track, tavern; and other similar uses will be discouraged.

74. It is my understanding that the ‘hotel’ use to be discouraged is a ‘pub’ rather than a residential hotel.

75. The subject site forms part of the Apollo Bay Coastal Valley and Hills Precinct Significant Landscape Overlay Schedule 3 (SLO3). The statement of nature and key elements of landscape for this precinct is as follows:

The Apollo Bay Coastal Valley and Hills Precinct is distinctive as a location where a number of different landscape elements intersect in a dramatic manner: low sea coast, bayside townships, topographic edge of the Otway Ranges sweeping down to the narrow coastal strip, edge of the forest, and the incised, vegetated creek valleys. The edges and interrelationships between these elements create a landscape setting of national significance.

The “preferred character” of this precinct is the retention of the dramatic intersection of landscape ‘edges’ within the precinct, which could be further emphasised by increasing indigenous planting for subtle emphasis. Ribbon development and inappropriate development on hill faces should be limited, and township edges have the potential to be further defined.

76. The provisions of the Apollo Bay Coastal Valley and Hills Precinct Development Principles (an Incorporated Document in the Colac Otway Planning Scheme pursuant to Clause 72.04) are applied to the consideration of development under SLO 3. The document is an extract of The Great Ocean Road Region Landscape Assessment Study (GORRLAS) that applies to Apollo Bay.

77. The Environmental Significance Overlay Schedule 3 (ESO3) applies to the northern/north western portion of the site. The ESO relates to Declared Water Supply Catchments. A permit is required under the ESO. The ESO seeks to ensure that the proposed use or development will not result in erosion and impact the ability of the land to contain any pollutant or treated water on site.

78. The site is also affected by several overlays including:

▪ Erosion Management Overlay Schedule 1 (EMO1)

▪ Bushfire Management Overlay (BMO)

▪ Land Subject to Inundation Overlay (LSIO)

79. I have provided further detail in Appendix B regarding the planning controls currently applicable to the subject site.

16 PLANNING CONSIDERATIONS URBIS


3. PLANNING CONSIDERATIONS 3.1. OVERVIEW 80. It is considered that the proposed establishment of a resort based tourism development at the

subject site is influenced by several key drivers including:

▪ The push by both the Federal and State Governments to further build the ‘visitor’ economy to support the nation’s future prosperity with the acknowledgement that many of Australia’s top destinations are located within Regional Australia.

▪ The growing popularity of the Great Ocean Road and key locations along the route as a major tourism asset for Victoria and Australia and one that has significant potential to increase visitation by international and domestic tourists.

▪ The ongoing and increasing need to provide a range of experiences and forms accommodation to cater to the broader tourism market.

81. In short, it is highly likely that the demand for tourist accommodation along the Great Ocean Road Region will continue to rise with Australia’s growing population and its increasing attractiveness to overseas visitors. The question of where and how to meet this demand has been examined by a number of studies, each of which have either defined the scale of the likely future demand or provided specific examples of where these opportunities could be realised.

82. The subject site is one such example of where an opportunity to establish a tourism related development has been specifically identified. It is understood from my review of the various issues raised in Council’s assessment of the proposal and submissions from the community that there is concern that the scale of the development is too large with consequential impacts.

83. To understand the appropriateness or otherwise of the proposed use and development and its potential impacts I have considered the following matters:

▪ The role and need for the proposed facility

▪ The consistency of the proposed use with planning policy and strategies

▪ The appropriateness of the location

▪ The impact of the proposed development on the landscape

▪ The potential impacts on the amenity of the locality and nearby properties that may arise from the use and development as proposed.

84. The above issues are each detailed in the sub-sections below.

3.2. THE ROLE AND NEED FOR THE FACILITY 3.2.1. The Role and Growth of Tourism in Colac Otway

85. The proposed resort hotel will result in a greater diversification of accommodation uses along the Great Ocean Road.

86. At the national level, Tourism Australia’s recent publication Tourism Investment in Regional Australia, August 2018 references the continuing rise in regional tourism, in terms of domestic day trippers, domestic overnight and international overnight visitors. Visitors to Regional Australia7 increased to more than 180 million to 2017 and visitor nights increased from 233 million in 2012 to 289 million in 2017.

7 Tourism Australia - Tourism Investment in Regional Australia, August 2018 - page 5


PLANNING CONSIDERATIONS 17

87. The natural beauty of the Great Ocean Road coastal environs matches well with the drivers of international tourism which include: wildlife, aquatic and coastal environments, natural beauty. Indeed, the Tourism Investment in Regional Australia, August 2018 document features an aerial photo of part of the Great Ocean Road near the Twelve Apostles.

88. Tourism Australia predicts that inbound tourism will continue to grow, particularly from the major source markets of United Kingdom, China and the USA. Taiwan is a significant growth market for regional Australia.

89. The G21 Strategy foreshadows increased pressures on the Great Ocean Road with annual visitation expected to continue to rise8. Increased tourism requires a wider range of experiences, a network of opportunities to drive longer dwell times in the region and the proposal will provide a new, rural hinterland based accommodation activity.

90. Recent information from the Victorian State Government9 identifies the value of the tourism industry for the Great Ocean Road Region as follows:

The region received approximately 5.4 million domestic (overnight and day trip) and international visitors combined, who spent an estimated $1.3 billion in the year ending March 2018.

91. This $1.3 billion of spending was divided as follows:

▪ Domestic Overnight - $928m

▪ Domestic Daytrips - $288m

▪ International Overnight - $116m

92. In the year to March 2018 all three components increased spending over the previous year. Expenditure growth was highest for domestic overnight visitors (+13.8%), international overnight (+12.5%) with domestic day tripper spending growing only marginally (+1.4%).

93. Tourism was estimated to generate employment of approximately 11,200 persons in the region, or 17.8% of the region’s employment (direct and indirect).

94. The variances in domestic and international tourist length of stay are significant:

▪ Average length of stay (nights)

− Domestic – 2.8

− International – 4.1

95. Work undertaken by Urban Enterprise on behalf of Regional Development Australia resulted in the Great Ocean Road, Destination Management Plan (February 2012). This plan identified gaps in the tourism product including the accommodation gaps.

96. This report recognised the key strengths of the existing accommodation provision in: motels, 3 star quality accommodation, B&Bs, coastal holiday and caravan parks but noted gaps in the provision of: internationally branded hotels, particularly on the Great Ocean Road (past Torquay), Farm Stay and Integrated Resort specifically in the Corangamite Shire.

97. The report quantified the requirements for accommodation and suggested some 3,440 rooms would be need across the region by 2030 (based on their high demand scenario). Indicatively, the report proposed the following requirements:

▪ Up to 4 large resorts of 4.5 star standard

▪ 90 farm stay accommodation establishments

8 Geelong Regional Alliance – G21 Regional Growth Plan, April 2013 – page 8 9 DEDJTR - Great Ocean Road Regional Tourism Summary (Year Ending March 2018) - page 1



▪ Up to 5 new large backpacker hostels

▪ Up to 5 new caravan or tourist parks

▪ Up to 12 new hotel/motels of various scale and star rating including budget and also 5 star with international branding

▪ Up to 50 Guest Houses and B&Bs

▪ Self-contained apartments and houses across the region.

98. Whilst this report was prepared before the surge in Airbnb as a new format for tourism accommodation, it is apparent that there is a significant need for investment in additional dedicated tourist infrastructure.

99. In addition, the report10 specifically noted as a priority investment project:

Apollo Bay Internationally Branded Hotel: A 4.5 star 60+room hotel in Apollo Bay focused towards both international and domestic markets.

100. At the time of this report the Marina and Harbour project was developing, and the marina precinct was considered a potential location for the hotel. Not only has the marina/harbour project not come to fruition, the market gap of a major hotel investment in the Apollo Bay area remains.

101. The need for significant private sector investment in the tourism sector is also recognised in the Victorian Government’s 2016 publication Victorian Visitor Economy Strategy. The Strategy11 outlines nine goals a number of which four are particularly relevant to the subject proposal including:

▪ More private sector investment

▪ Building on the potential of regional and rural Victoria

▪ Improved experiences for visitors from Asia

▪ Better tourism infrastructure

102. Having regard to the consistent approach by both State and Federal government to grow tourism in this region and the increasing levels of tourism activity I conclude that a large-scale tourism facility is a desirable addition to the range of facilities in this location. Whilst there is an existing provision of accommodation facilities in Apollo Bay, none are of the scale and market positioning to that of the proposed project.

103. The provision of a 180 hotel rooms, combined with villa units will provide a level of infrastructure that will further open the south-western region to inbound tourism. I consider the number of visitors and visitor nights will be positioned to grow considerably when there is the infrastructure and facilities to support mass-market tourism, particularly international tourism.

104. I find that concerns about the estimates of visitor nights fails to consider the current experience along the Great Ocean Road (as detailed in the statistics referenced above) and secondly the different offer that the resort is seeking to provide.

105. The resort will be able to support large-scale package tourism operators who wish to utilise high quality accommodation in locations where a number of tourism experiences can be undertaken over a series of day trip excursions within the region utilising the resort as the ‘base’.

106. In summary, the proposed tourism facility comprising a hotel and villas is a facility that has long been sought for in the region but has yet to be provided. The scale of the operation will enable a range of new tourist activities to occur within the locality including:

▪ 5 star facilities

10 Urban Enterprise - Great Ocean Road Destination Management Plan, 2012 - page 28

11 State of Victorian - Victorian Visitor Economy Strategy, July 2016 - pages 17, 18-19, 23 and 24.



▪ Packaged holiday offers, including those aimed at international tourists.

▪ Conferences and other larger functions and events.

107. These activities will complement the current range of tourism accommodation offers and support the wide range of tourism operations within the region.

3.2.2. Economic and Social Impacts of the Proposal

108. Several submitters have expressed concern regarding economic and social impacts on the Apollo Bay township. These concerns include:

▪ Impact on existing accommodation providers

▪ Impact on existing service providers (diversion of expenditure)

▪ Impact on Apollo Bay through congestion from increased tourism

▪ Lack of available employees

▪ Lack of accommodation facilities for employees

109. As noted above the opportunity for ongoing growth in the tourism market is high and the proposed facility will generate new opportunities. I also note that the potential economic impact on existing individual accommodation providers is simply legitimate competition between businesses and is not a relevant matter for planning consideration – that is the planning system was not established to control markets.

110. On the matter of the provision of ‘retail outlets’ in the development I find that it may have been more useful for the applicant to confirm in more detail what the ‘retail’ components are to be. On enquiry it is apparent that these outlets will be concessions that are aimed at providing limited ‘service’ and ‘tourism’ goods to resort guests. These are retailing opportunities catering specifically for the resort customer and are not intended to be a traditional retailing operation as found in the Apollo Bay township.

111. Resort guests will have the opportunity to utilise the township services that provide a wider range of retail needs, dining options etc. Further, it is proposed that the resort would function as a base for tourists who would then undertake day trips (either independently or as a group) to local facilities and places of interest. The resort will in fact provide increased support and opportunities for a wide range of established tourism operations within the area (e.g. tours of the Otways, the Twelve Apostles, the Otway Fly etc.).

112. I am instructed that the proponent has already sought to create strategic opportunities with existing operators (see Apollo Bay Resort Socio-Economic Impact Assessment p.4).

113. The resort both during its construction (185 FTE jobs12) and ongoing operation (39 FTE jobs and 167 ancillary jobs in region13) will provide new employment opportunities. Concerns regarding availability of staff to work the resort are a consideration for the management of the proposed operation. I am instructed that it is proposed to repurpose the existing function facility centrally located on the site into a large staff accommodation facility with accommodations for up to 30 persons. I expect the staff accommodation will be seen as a positive by some potential employees given the current shortage of affordable accommodation in Apollo Bay. It is considered the proposed response to this issue by the proponent recognises the issue and provides a direct and effective solution.

114. Some submitters are concerned that the resort will add to the levels of visitation in Apollo Bay that in turn will adversely affect the character of the township. It is undoubted that the successful establishment of the resort, and other yet to be mooted tourism developments in the region, will add to the levels of visitation at Apollo Bay and along the Great Ocean Road.

12 Street Ryan – Apollo Bay Socio-Economic Impact Assessment, April 2018 – page 3

13 Ibid – page 6



115. The township has already evolved from a small village supporting a rural hinterland to a tourism destination. The number of commercial tourist accommodations in Apollo Bay are supplemented by a significant number of holiday homes. The 2016 ABS Census reveals that on census night there were 616 (39.5%) occupied private dwellings and 942 (60.5%) unoccupied dwellings. This fact underlines the role of the township as a tourist destination.

116. It is accepted that some residents would prefer the status quo to continue but there has been a consistent policy setting for some time that seeks to enhance and expand the tourism offer in the region and Apollo Bay. It is considered that the growth in tourism is not the negative that some perceive. I note that the tourism trade provides a strong economic base to the township and enables the provision of a broader range of services and facilities than if it were just a rural village of approx. 1,600 people.

117. In summary, it is considered that the social and economic impacts of the proposal are positive.

3.3. CONSISTENCY OF THE PROPOSAL WITH PLANNING POLICY 118. As set out in Section 2 of this report State policy recognises the need to respond to increased

tourism opportunities as a major economic driver for many of Victoria’s regional areas. I note that the Colac Otway Shire policies, whilst clearly supporting continued agricultural uses, are also highly supportive of the development of tourism operations in key locations. This support is not predicated on ‘urban’ tourist experiences only, but also includes those operations that may seek to utilise the rural landscapes.

119. These two broad uses sometimes compete for the same land with the result that agricultural uses are lost. The Colac Otway Shire have sought to balance these competing needs through the use of local policies and particular planning controls. In the case of the subject site it is noted that the decision to use the land for tourism purposes has already been made through its rezoning to Rural Activity Zone. However, the matters as to the location, design, scale and operations are all matters that require further consideration.

120. The inclusion of the site in the Rural Activity Zone and the matters of location, design and scale are discussed below.

3.3.1. Appropriateness of the Site for Tourism Activities

121. The revised suite of Rural Zones was introduced into the Victorian Planning Provisions (VPPs) in 2004. Colac Otway Shire undertook a direct translation of Rural Zoned land to Farming Zone and Environmental Rural Zoned land to Rural Conservation Zone in November 2006. Colac Otway Shire then sought further implementation of the new zones. A specific component of this work was the development of the Rural Land Strategy, completed in September 2007.

122. I note that at the time of the zone translations, the subject land was rezoned to Rural Conservation Zone. At this time the Rural Conservation Zone (RCZ) purposes were focused primarily on the protection and enhancement of the natural environment, natural resources and the biodiversity of the area. The zone purposes supported agricultural use, consistent with the conservation of environmental and landscape values.

123. Under the RCZ, tourism uses, whilst permissible as Section 2 uses had limited strategic support from the zone purposes other than:

To encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality.

124. I contrast these purposes with that of the other rural Zone of that time, the Rural Zone which was primarily related to farming uses with the purpose:

To provide for the sustainable use of land for Extensive animal husbandry (including dairying and grazing) and Crop raising (including Horticulture and Timber production).



125. The 2007 Colac Otway Rural Land Strategy, amongst other matters, identified changes in use and demand in the rural areas. One concern was that the proliferation of tourism-based activities in the Farming Zone would compromise the long-term viability of farming in the Shire. To counter this, the Strategy sought to:

Introduce the Rural Activity Zone to selected areas, which better provide for uses and development, which are compatible with agriculture and the environmental and landscape characteristics of the area with a focus on areas with moderate to low agricultural capability and in close proximity to the coast to provide for tourism (Rural Strategy, p2).

126. The subject site, like the land around Apollo Bay and Marengo was identified broadly as being of ‘medium’ agricultural capability.

127. In considering the application of the Rural Activity Zone, the Strategy considered the existing Practice Note (March 2007, noting this Practice Note has been subsequently updated), which discussed the zone as follows:

The mix of uses that is encouraged in the zone should complement the environmental and landscape values of the land, and support the Council’s overall urban and rural settlement strategies. It would be inappropriate to apply the zone to encourage a rural mixed-use area if the land is required for urban development in the future, or if the particular uses would be better located in an existing town, where there is access to a wider range of urban services and infrastructure.

The zone should not be mistaken for a quasi-rural residential zone. Housing is only one of a number of uses that may be considered in the zone, and, in some circumstances, it may be incompatible with the particular mix of uses that the planning authority is seeking to achieve.

In reaching a decision on proposals in the Rural Activity Zone, the responsible authority must consider whether the use or development will support and enhance agricultural production and other matters relating to protecting and enhancing farming. However, the weight that is given to these considerations will need to be balanced with other social, environmental or economic objectives and policies identified for the land in the scheme

128. In relation to the Apollo Bay hinterland (including the subject site), the report sought to respond to a shift away from agriculture and to permit other activities, particularly tourism related.

129. I consider that the Rural Land Strategy’s recommendations to rezone the subject site were made in full appreciation of the Apollo Bay Structure Plan and State Policy (including the Victorian Coastal Strategy) and recognised that the site was of a size that would enable future development to be respectful of landscape character and environmental characteristics of the land.

130. The Rural Land Strategy considered the key policy constraints as follows:

▪ GORRS - setback development a substantial distance from the Great Ocean Road (therefore properties fronting the Great Ocean Road were excluded from application of the RAZ)

▪ Coastal Spaces, GORRLAS, Apollo Bay Structure Plan - limit development in the foothills to the rear of Apollo Bay

▪ Declared Water Supply Catchments / ESO5 - restrict the intensification of development in the Barham River catchment

▪ Apollo Bay Structure Plan - protect remnant vegetation west of Marengo.

▪ When these policy constraints are mapped, the only area of land in the hinterland of Apollo Bay that remains is the area identified for application of the Rural Activity Zone.

▪ It is appropriate that a wider range of uses than the Farming Zone and Rural Conservation Zone be considered within the Apollo Bay Hinterland, provided that they are compatible with agriculture and the environmental and landscape characteristics of the area. This is particularly the case for the Apollo Bay Hinterland where any development will have to be consistent with the Great Ocean Road Region Landscape Character Assessment Study (GORLASS).

131. The strategy goes on further to confirm the preferred mix of uses in the RAZ in the Apollo Bay Hinterland to include;

▪ Agriculture



▪ Tourist and recreational activities

▪ Group accommodation with tourist or recreational activities (including backpacker accommodations, camping and caravan park, cabins, etc)

▪ Restaurant, but only in association with a tourist/recreational activity

132. The report concluded that the RAZ should be applied to the Apollo Bay Hinterland, excluding the Coastal Strip and subject to detailed assessment of the impact on landscape character and the environment14.

133. The recommendations of the Rural Land Strategy, including around rezoning a portion of the Apollo Bay hinterland was considered by a Planning Panel in 2008. The Panel report for Amendment C55 concluded that the criteria for the application of the RAZ was overly restrictive in that it was applied only to relatively cleared land (such as the subject site).

134. Despite this, the Panel supported the new policy (with some changes/additions to the wording of Clause 21.05) and supported the rezonings to RAZ as proposed by the Planning Authority. The Panel considered the RAZ could be further extended to include existing tourism ventures and adjoining land.

135. Following the report by the Amendment C55 Panel and Council’s review the subject land was placed in the Rural Activity Zone. It is apparent that the application of the zone acknowledges tourism uses for the subject land with a full appreciation of the landscape sensitivities and the environmental values outlined above. In the time since the Panel, no additional land has been zoned RAZ in the Apollo Bay hinterland.

136. The RAZ provides decision guidelines for considering any planning permit application. To the extent that the decision guidelines are relevant to the use of the land for a residential hotel, I find that the subject proposal sits comfortably with the guidelines.

137. I say this on the basis that:

▪ The land is capable of accommodating the proposal with respect to infrastructure (water, sewerage etc).

▪ The development will not limit the operation or expansion of adjoining or nearby agricultural uses.

▪ The design has been cognisant of the natural physical features of the site and has been designed to take advantage of the land contours, the existing dam etc.

▪ The proposal will not adversely impact the natural environment. The proposal requires the loss of some existing vegetation, but this will be more than offset through the landscape elements proposed.

3.3.2. Appropriateness of the Built Form Response and Visual Impact

3.3.2.1. Proposed Development

138. The proposed development comprises a main hotel building comprising three inter-connected wings stepping down the slope and 82 villas in several locations across the site. The buildings have been sited to take advantage of the views to the coast. The buildings have also been sited to be well set back from title boundaries and the existing waterways.

139. The Erosion Management Overlay has properly influenced the location of the hotel and villas such that none of the buildings are located on those areas designated to avoid those areas with very high landslip risk. I have reviewed the letter of advice by Golders dated 15 May 2018 and note that the advice that with the revised scheme layout together with risk mitigation measures the level of landslide risk can be appropriately managed.

14 RMCG - Colac Otway Rural Land Strategy 2007; page 4



140. It is understood that the Bushfire Management Overlay will influence the final siting of the villas and vegetation management.

141. The main hotel building is designed as follows:

▪ The building is configured to provide primarily guest suites within the lower or eastern two wings that sit below the main hotel wing. The lower two wings rise to a height of approx. 5.0 to 9.1 metres above natural ground level (depending on where the elevation is measured). The lower wing has a width of approx. 180 metres and the middle wing has width of approx. 190 metres.

▪ The main hotel wing is up to three levels in height (rising approx. 14.5 metres above existing ground level on the eastern elevation) and includes guest suites at the upper levels and hotel facilities at ground level (including wellness centre, dining facilities, retail concessions, reception etc). The main hotel wing has a width of approx. 190 metres.

▪ The three wings of the hotel are linked by an accessway located at the centre of the three wings. It is proposed that the roofs of the two lower wings will be covered with turf to enable the establishment of ‘green roofs’. Each of the wings will be separated by distances ranging from 24.5 metres to 71 metres.

▪ The lower (eastern most) wing will be located at a point where the land is at RL 70 metres, the middle wing will be at approx. RL 74 – RL 79 metres and the main wing (westernmost) will be at RL 82 – RL 84 metres.

▪ The main hotel building roof rises to RL 98.2 with an architectural feature associated with the dome/observatory at RL102.81 which is the highest point of the development.

▪ The group of hotel buildings are set back approx. 0.76 kilometres from the eastern boundary, a minimum of approx. 145 metres to the west, approx. 150 metres to the north and 550 metres to the south.

▪ The latest design has taken on board the recommendations of the Golders Report (November 2017) with the buildings being located outside of the high-risk zones for landslip.

▪ The building is designed sit below the ridgeline located further to the west of site.

▪ The hotel buildings are to be finished in a range of materials that include natural materials such as timber and stone featuring darker tones and grey tinted glazing.

142. By contrast, the villa units are proposed in four separate clusters:

▪ The Ridge Villas (11) in the north west of the site in five ‘rows’ ranging from a single villa to a group of four. The villas are two levels with an elevation of 5.95 metres and vary in their overall height above ground depending on their location.

▪ The land immediately to the north of the villas falls towards Barham River and the nearby dwelling at 30 Old Hordern Vale Access Road (located approx. 100 metres to the north).

▪ The Ridge Villas will be clad in Victorian hardwood timber in two finishes and will feature grey tinted glazing. The roofing will comprise standing seam zinc sheet.

▪ The Water Villas (11) are located at upper slopes of the site around the existing dam. The villas are single level with a canted roof to ‘open-up’ views and light to the villa. The villa will be 3.0 metres in height with the canted roof adding a further 1.9 metres in height. The villas will be located approx. 0.3 -1.2 metres above ground level and will feature projecting decks across the lake.

▪ The Water Villas will be clad in Victorian hardwood timber in three finishes and will feature grey tinted glazing. The roofing will comprise standing seam zinc sheet.

▪ The Creek Plateau Villas (15) are located to the south of the ‘middle’ watercourse and are arranged as a series of groups stepping down the slope to the east. The groups of villas (ranging from five to six villas) will be established above the natural ground level on brick plinths ranging from approx. 0.3 – 1.2 metres in height. The groups of villas will ‘step-down’ the slope from west to east with the western villas being located at RL 80 and the easternmost at RL 63.



▪ The Pasture Villas are also south of the ‘middle’ waterway to the east of the Creek Plateau Villas (i.e. further down the slope) and are arranged as a series of groups stepping down the slope to the east. The groups of villas (ranging from two to six villas) will be established above the natural ground level on brick plinths ranging from approx. 0.3 – 1.2 metres in height. The groups of villas will ‘step-down’ the slope from west to east with the western villas being located at RL 59.8 and the easternmost at RL 33.

▪ The Creek and Pasture Villas will comprise one, two and three bedroom variations and feature galvanised corrugated steel cladding on recycled brick plinths with Victorian hardwood timber entryways.

3.3.2.2. Matters for Consideration

143. The potential impact of the proposed development on the existing landscape is an important consideration. Both local policy and several planning controls specifically identify the matters for consideration when assessing a specific development proposal. This includes Clause 21.05, the Significant Landscape Overlay - Schedule 3 and the provisions of the Rural Activity Zone.

144. The Rural Activity Zone outlines a range of matters the Responsible Authority must consider (as appropriate), including the following design and siting issues:

▪ The impact of the siting, design, height, bulk, colours and materials to be used, on the natural environment, major roads, vistas and water features and the measures to be undertaken to minimise any adverse impacts.

▪ The impact on the character and appearance of the area or features of architectural, historic or scientific significance or of natural scenic beauty or importance.

▪ The location and design of existing and proposed infrastructure including roads, gas, water, drainage, telecommunications and sewerage facilities.

▪ Whether the use or development will require traffic management measures.

145. The design and location of the built form aspects are further informed by the Apollo Bay Coastal Valley and Hills Precinct Development Principles15 that seeks to achieve the following objective:

▪ To ensure that development that occurs on hill faces or in other prominent locations is not highly visible, particularly from main roads and key viewing locations.

146. The recommended guidance for the siting and design of development is:

▪ Locate development sparsely to avoid loss of vegetation where it exists

▪ Design buildings to follow the contours or step down the site

▪ Articulate buildings into separate elements and avoid visually dominant elevations

▪ Use darker colours and finishes that are less prominent visually, particularly roofs.

147. The provisions of Clause 21.05 that specifically apply to the RAZ in Apollo Bay helpfully summarise the development of these requirements as follows:

Assess proposals for use and development in any Rural Activity Zone west of Apollo Bay or in the Otway Ranges against the following criteria:

▪ …

▪ The scale of development and use should relate to the land size and surrounding uses

▪ Development should be subservient to the landscape and not detract from the landscape quality

▪ Development should be of high design quality and the style should respect surrounding development

15 Apollo Bay Coastal Valley and Hills Precinct Development Principles – page 4



▪ Development should provide a net environmental gain.

▪ Development should be self sufficient in, or meet all the relevant costs of, infrastructure provision.

148. In summary, the development of the site must sit within the overall landscape and landform and not create a negative impact on the environment (e.g. water quality etc.). The actual design and infrastructure response will vary from site to site and each circumstance.

3.3.2.3. Site Attributes

149. The site has a number of attributes that confirm the appropriateness of the initial rezoning and the opportunity for the site to accommodate a development of the scale proposed. These attributes include:

▪ Site size – the site has an overall area of 104.6 hectares and generally measures 1.14 kilometres west to east and averages 0.915 kilometres north to south. Notably, the site is larger than the combined urban areas of the nearby township of Marengo.

▪ Site topography – the site generally rises from the Barham River valley floor (approx. RL 10) to the south-west corner of the site (approx. RL 130). The site is incised with three watercourses that create a series of ‘discrete’ precincts running east-west across the site. These precincts are further defined by the more recent planting along the watercourses.

▪ Site vegetation – whilst much of the site is cleared and used for grazing purposes it features a number of stands of trees that serve as shelter belts and riparian corridors. The current stands serve to reinforce the precincts described above and mediate or block views towards the site, particularly from the south and east.

▪ Site views - The upper sections of the site, due to their elevation, offer uninterrupted views towards the coast located approximately 2.2 kilometres to the east.

▪ Site location – the site is located well to the west of the Great Ocean Road and the immediate coastal assets such that the appropriate development of the site will not intrude into key views of vistas. Indeed, the choice of the location for the Rural Activity Zone was, in part, predicated on this attribute.

150. In summary, the site is very large and comprised of a number of precincts defined by the waterways traversing the site, shelter belt and riparian planting. It is concluded that the site has the capacity to accommodate a large-scale development subject to specific design and landscaping responses.

3.3.2.4. Assessment

151. It is considered that the scale of development as proposed in the modified plans represent a balanced response to the site for the following reasons:

▪ The land size (104 ha) enables the development to be placed in several discrete locations that are physically and visually separated. The low-scale nature of the villa developments further reduces the overall visual impact of development

▪ The hotel building, and the villa units generally follow the slope of the site progressively stepping down from west to east.

▪ These siting decisions combined with the land contours, and existing and proposed vegetation will ensure that the development is viewed within a landscaped setting.

▪ The use of darker colours and materials is consistent with the requirements of the Precinct Development Principles. I note that the Creek and Pasture villas are proposed to be clad in galvanised corrugated iron which is a lighter coloured material. I consider that this is acceptable given that the villas are hidden from most views, sit within a precinct with substantial stands of vegetation and the cladding will become duller as it weathers.

152. It is appreciated that several submitters are concerned that the main hotel building given its size and location will read as discordant element in the landscape. In order to assess the potential impact regard must be had to both local views (e.g. from nearby locations in the Barham River valley) and more distant views, generally around the Great Ocean Road route.



153. I note that the longer distance views from the Great Ocean Road, Apollo Bay township or Marengo township (all in the order of 2.5 kilometres plus viewing distances) reveal the following:

▪ The subject site as viewed from the Great Ocean Road route forms only a very small part of the overall viewshed.

▪ The existing landscape and vegetation of the site conceal or significantly limit views of those parts of the site that are proposed to be developed.

▪ In many of the views from the Great Ocean Road towards the site there is existing development that is much closer to the viewer and will read as larger elements in the landscape than the proposed development – where it is visible.

▪ The presence of built forms within the landscape is not unusual – many of the within properties within the locality include a mixture of residential or agriculture related structures.

Picture 2 – View from Great Ocean Road to site (vegetated area centre-right) near the B100 Bridge

154. In summary, given the distance of the views, the small scale of the proposed buildings in that view, and the existing mix of elements in the overall landscape the proposed development will sit very comfortably within the landscape. Further it is considered that the subject site will remain a rural landscape and continue to contribute to the character of the Apollo Bay Coastal Valleys and Hills area.

155. As one approaches the site along the Barham River Road parts of the development on the site will becoming more apparent and form a larger part of the viewshed (albeit still a small element). It is at this point where the location of landscaping and the materials used for the buildings become more important in determining the impact of the development. The local views reveal the following:

▪ Most of the local views to the site along Barham River Road will be obscured by the existing landform, particularly by the knoll near the road located approx. 450 to the east of the site.

▪ A partial view of the upper slopes containing the water villas will be available from the Barham River Road at a point approximately 400 metres to the east of the site entry.



▪ The main hotel building will be visible from Barham River Road at the entry point to the site and for a distance approx. 100 metres to the west on the road.

▪ It may be possible to see part of the Ridge villas from Old Hordern Vale Access Road in proximity to the dwelling at 30 Old Hordern Vale Access Road.

▪ Other views of the development of the site will be available from other nearby privately-owned land at elevations above the Barham River valley floor.

156. Whilst I do not consider that any of these views of the development create an unacceptable visual impact or will not achieve the requirements of the planning controls it is recommended that consideration be given to introducing:

▪ A stand of planting at the western side of the entryway to the site to restrict direct views to the main hotel structure. I note that this approach could also heighten the sense of arrival by revealing the hotel when a visitor is within the site.

▪ A line of planting along or near the eastern boundary commencing at a point approximately 90 metres from the road and extending for a distance of approx. 50 metres.

▪ A line of planting on the site boundary adjacent to Old Hordern Vale Access Road generally opposite the dwelling at 30 Old Hordern Vale Access Road.

157. If these suggestions are taken up it is considered that the development will be essentially screened from direct view from the publicly accessible viewpoints within the surrounding local area with only longer distance views being available. The selected species should be consistent with the Council’s environmental management focus which seeks to increase native vegetation and encourage biodiversity.

Picture 3 – View towards the site from Barham River Road at site entry



Picture 4 – View towards the site from Barham River Road approx. 400 metres from site entry

158. In summary, I consider that:

▪ Visibility to the hotel and villa buildings will be tempered by the existing and proposed vegetation to the boundaries and elsewhere on the site, the siting of the buildings and the proposed built form expression, including the grassed roof elements of the hotel wings.

▪ The new built forms, coupled with the current undulating landform and complemented with new landscaping proposed, will in my view not significantly intrude into or detract from the established landscape character.

▪ The presence of built forms within the landscape is not unusual – many of the nearby properties include a mixture of residential or agriculture related structures.

▪ It is not necessary that the proposed buildings to be completely shielded from all external views (especially from private properties).

▪ The subject site will remain, in my view, a rural landscape. Whilst some vegetation is proposed to be removed for the development (both for bushfire management and to locate the buildings), the overall outcome will be the provision of additional vegetation on the site.



3.3.3. Bushfire

159. Bushfire risk is a major consideration for development across Colac Otway Shire, including in the Apollo Bay hinterland.

160. The subject site is identified as a Bushfire prone area and is also covered by a Bushfire Management Overlay. The BMO requires the provision of a range of assessments (Bushfire Hazard Site Assessment, Bushfire Hazard Landscape Assessment) and the provision of a Bushfire Management Statement.

161. The cleared character of the site and the surrounding farmland reduces the immediate bushfire risk, however the proximity to the Great Otway National Park suggests the site has a broader bushfire risk.

162. Materials have been prepared in support of the proposed development that indicate the Bushfire Attack Level (BAL) for the subject site requires construction to a minimum of 12.5 BAL. I am instructed the villas are designed to this requirement. The primary hotel building has been identified as a location which would provide shelter from bushfire and as such has been designed to BAL 29. I am instructed the hotel has been designed to this requirement.

163. The Bushire Management Plan addresses vegetation requirements and recognises that in respect of the defendable space to some villas, detailed analysis and final design review with CFA will be required. The discretionary control (Clause 53.02: Bushfire Planning) that ensures that objectives must be met (but allows some variance in how it will be met) seeks to balance the requirements of environmental protection and safety and recognise the specific context of individual sites.

164. Until the primary consent for the development is given (which may result in variations to the current design and siting of the buildings and changes to the proposed landscape response), I consider it is appropriate that the Bushfire Management Plan remains in a draft form.

165. The Bushfire Management Plan, as lodged, confirms the site will include the water supply capacity directed by the CFA and ensures that all accessways have been designed to CFA requirements. I also note that the CFA in their role as a referral authority under the Bushfire Management Overlay did not object to the proposal.

166. The CFA did propose conditions that are reflected in the draft planning permit. These conditions include the requirement for an amended Bushfire Management Plan and the development of a Bushfire Emergency Plan.

167. I consider the current design approach proposed and the CFA planning permit conditions appropriately address the matter of bushfire risk and management.

3.3.4. Flooding and Water Catchment Management

168. Corangamite Catchment Management Authority have expressed concern regarding the potential for flooding from Barham River Road and the consequential impact on site access.

169. Whilst only a small portion of the site is impacted by the Land Subject to Inundation Overlay, this is at the northern primary access from Barham River Road.

170. I am advised that the characteristics of a flood event in this part of the Barham River Valley are generally as follows:

▪ Forewarning of a flooding event is available (generally greater than 12 hours); and

▪ Flooding events generally occur for a period of no greater than 24 hours.

171. On this basis, in the event of a flooding event patrons of the hotel will be provided with adequate time to allow them to either exit the site or to choose to stay during the flood event.

172. I consider the potential flooding of Barham River Road to be a minor matter in the context of the development proposal and one that can be dealt with via management provisions.



173. I understand that concern has been expressed that the future operations of the site will cause adverse environmental impacts through polluted stormwater run-off. I have had regard to the Stormwater Drainage and Waterway Management Report prepare by Irwin Consulting and am satisfied that appropriate stormwater management measures can be utilised on the site including, surface water interception, swales, detention basins and an integrated drainage network. I note that the site has ample space to accommodate these requirements in accordance with the requirements of the Environmental Significance Overlay – Schedule 3.

174. The site is proposed to be serviced via reticulated water, sewer and power. These services will need to be extended to the site and servicing authorities have provided support for this to occur. The use of reticulated water and sewer services will also mean that there will not be effluent runoff from the site potentially causing environmental harm.

3.3.5. Summary

175. In summary, it is considered that the proposed development of the site whilst comprising a significant change from the current circumstances is a thoughtful response to both the needs of the future users and the high-quality landscape of the Apollo Bay foothills.

3.4. POTENTIAL AMENITY IMPACTS 176. Having determined that the use and development of the site itself satisfies the strategic requirements

and policies guiding the future development of the locality the ability of the proposal to properly limit amenity impacts on neighbouring properties must also be considered.

177. In this instance it is considered that the key potential amenity impacts that could arise from the operation of the proposed resort and associated activities are potential traffic impacts; light spill; and noise. As I noted earlier I rely on the traffic assessment reports provided with the modified application with respect to the matter of traffic and parking impacts and do not address this matter any further in my report.

178. It is apparent that the original designation of the site and adjoining properties as a Rural Activity Zone sought to ensure that each of the sites were of a sufficient scale to enable the provision of generous setbacks from nearby roads and adjoining properties and the inclusion of new landscaping in key locations.

179. The surrounding land is rural in character and use with a limited number of dwellings located within proximity to the site. The key potential amenity impacts of the prosed tourism development on the surrounding area is further discussed below.

3.4.1. Light Spill

180. Several submitters have indicated that the proposal will result in unacceptable night light pollution.

181. There is no doubt that the development will lead to an increase in the use of lighting and that the illuminated windows and open areas will be visible at night from certain viewpoints (as existing dwellings in the valley are). The possibility of light spill (i.e. light falling directly on adjoining properties or spaces) is very low (if not negligible) given the setback of the various buildings from site boundaries, the existing and proposed vegetation on the site and the landform itself (particularly for the southern villas).

182. I note that as a response to this concern, the circulated planning permit conditions includes the following requirement:

Lighting Management Plan

8 Prior to the commencement of the development a lighting management plan for the site must be submitted to and approved by the Responsible Authority. Any plans must be to scale and with dimensions, and three copies of the Lighting Management Plan must be provided. When approved, the Lighting Management Plan will be endorsed and will then form part of the permit. The plan must include (but not be limited to):



a) Outlining how appropriate but minimal lighting with low luminescence can be provided on the site to minimise lighting impacts associated with the development at night.

b) Measures to screen lighting impacts beyond the boundaries of the site (including use of topography, built form and landscaping).

c) Use of appropriate shrouding and low level lighting.

d) Use of automated measures to ensure lighting of roads, buildings and common areas is switched off, at appropriate times.

183. Whilst the proposal will increase the night light in this location, I find that the mitigation measures proposed through the Lighting Management Plan are reasonable and appropriate.

3.4.2. Noise

184. The potential for noise to emanate from the site is from several sources including operation of plant and equipment for the various guest areas etc., noise from recorded or live music. The proposal therefore has the potential to impact the quiet amenity of existing residents.

185. Clause 13.05-1S seeks “to assist the control of noise effects on sensitive land uses”. In this instance the relevant requirements are established in the EPA Publication 1411-1413 Noise from Industry in Regional Victoria (NIRV) and State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

186. It is likely that if there is to be an impact it would occur in the evening or night time period when the background noise levels are low. The operations of plant and equipment at the development must comply with the EPA requirements which establish the following criteria for the subject site:

▪ Day – 46 dB

▪ Evening – 41 dB

▪ Night – 38 dB

187. The playing of recorded or live music must comply with different standards set out in the SEPP N-2 policy.

188. Given the need to comply with the EPA guidelines, the lack of external entertainment elements of the proposal and the significant distances to nearby residents, I consider the potential for noise arising from the facility to impact on nearby residents to be limited and acceptable. I also note that the venue operator will be incentivised to provide for a reasonable acoustic environment so as to meet the expectations of all guests.

3.5. CONCLUSION 189. It is considered that the site has been appropriately identified by policy as a suitable location for

major tourism activities. The proposed development of the site positively responds to the topographic and landscape conditions and will sit comfortably in the Apollo Bay foothills locality.

190. It is concluded that a permit should issue for the proposed use and development of the land for tourism purposes.

32 DISCLAIMER URBIS



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APPENDIX A DETAILED SITE DESCRIPTION

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Subject Site

The subject site comprises a site of some 104 hectares at 275 Barham River Road, Apollo Bay. Formally known as Lot 1 on Title Plan 757287Q, and Lot 2 on PS 515118F the land is generally regular in shape except for the northern frontage which follows the Barham River Road and the Old Hordern Vale Access Road alignments.

The site is primarily undeveloped although it contains two dwellings (located in the south east corner of the site and north east of the site, in close proximity to the Barham River Road) and a Function/Reception Centre (located in the north east of the site). I am instructed that the reception centre operates under Planning Permit PP433/99B.

The site includes a number of waterways, including designated waterway 35-47-4 which runs east-west approximately halfway across the site. This stream includes stands of trees. Stands of trees are also located in the northern port of the site adjacent the Barham River West Branch. In contrast, other stands of trees located in the south of the site are not associated with waterways.

Other water ways traverse the site in the north (non designated) and south west (designated waterway no 34-47-3-1).

The site includes one large dam in the western portion of the site, it is proposed that this is retained in the proposal.

As shown in the photographs below, the site is undulating with wide tracts of open land.

Picture 5 – Subject Site View from Barham River Road


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Picture 6 – View East from Subject Site (approx. location of the main hotel building)

Picture 7 – Looking north to location of Ridge Villas

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Picture 8 – Looking east from location of upper Hotel wing

Picture 9 – Looking west from location of Pasture Villas


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Access to the site is currently available off Barham River Road. Barham River Road in this location is one lane in either direction.

Barham River Road provides connections to Apollo Bay, approximately 3.6km to the north east.

SURROUNDS

North of the site is the Barham River Road and Barham River valley. This land is generally zoned Rural Conservation Zone, with the Barham River zoned Public Conservation and Resource Zone.

Land at 303 Barham River Road projects into the subject land and contains an existing dwelling. North of the site to the western side also includes properties with access from the Old Hordern Vale Access Road and a dwelling is present on 30 Old Hordern Vale Access to the north.

Picture 10 – View North from Ridge Villas

West of the subject land are properties with access to the Old Hordern Vale Road and zoned Rural Activity Zone.

Land to the south of the site features properties with access from Alice Court and the Great Ocean Road and is zoned Rural Conservation Zone

East of the site are properties with access to Conns Lane, Telfords Access and Barham River Road, these properties are also in the Rural Activity Zone.

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Figure 3 – Site Location Plan


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Figure 4 – Aerial Photograph, Site Location

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APPENDIX B SUMMARY OF PLANNING CONTROLS


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CURRENT ZONE PROVISIONS The subject site is included within the Rural Activity Zone.

The purposes of the Rural Activity Zone are as follows:

• To implement the Municipal Planning Strategy and the Planning Policy Framework.

• To provide for the use of land for agriculture.

• To provide for other uses and development, in appropriate locations, which are compatible with agriculture and the environmental and landscape characteristics of the area.

• To ensure that use and development does not adversely affect surrounding land uses.

• To provide for the use and development of land for the specific purposes identified in a schedule to this zone.

• To protect and enhance natural resources and the biodiversity of the area.

• To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

Under the Rural Activity Zone, the use of land for a Residential Hotel and for Leisure and Recreation (other than informal outdoor recreation) are Section 2, permit required uses. It is my view that the Residential Hotel definition encompasses a range of activities to be undertaken as part of the hotel experience, including bar, dining, day spa etc.

The Rural Activity zone requires a permit for building or works associated with a Section 2 use.

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Figure 5 – Zoning Plan


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CURRENT OVERLAY PROVISIONS

The subject site is covered by several overlays as follows:

• Significant Landscape Overlay Schedule 3 (SLO3) The SLO applies to the entirety of the subject site.

• Erosion Management Overlay Schedule 1 (EMO1) The EMO applies to the majority of the subject site, excluding only a small portion of land in the north-east corner of the site.

• Environmental Significance Overlay Schedule 3 (ESO3) The ESO applies to the northern/north western portion of the site.

• Bushfire Management Overlay (BMO) The BMO applies to the entirety of the subject site.

• Land Subject to Inundation Overlay (LSIO) This overlay applies to a small portion of the site in the north-east corner.

The subject site forms part of the Apollo Bay Coastal Valley and Hills Precinct Significant Landscape Overlay Schedule 3 (SLO3). The statement of nature and key elements of landscape for this precinct is as follows:

The Apollo Bay Coastal Valley and Hills Precinct is distinctive as a location where a number of different landscape elements intersect in a dramatic manner: low sea coast, bayside townships, topographic edge of the Otway Ranges sweeping down to the narrow coastal strip, edge of the forest, and the incised, vegetated creek valleys. The edges and interrelationships between these elements create a landscape setting of national significance.

The “preferred character” of this precinct is the retention of the dramatic intersection of landscape ‘edges’ within the precinct, which could be further emphasised by increasing indigenous planting for subtle emphasis. Ribbon development and inappropriate development on hill faces should be limited, and township edges have the potential to be further defined.

Further, the SLO sets the following landscape character objective to be achieved

• To achieve the “Preferred Character” as specified above.

• To increase the use of indigenous vegetation to highlight natural features within the precinct.

• To consider the contrasts between landscape elements within the precinct.

• To ensure that development that occurs on hill faces or in other prominent locations is not highly visible and sensitively designed.

• To minimise the visual impact of signage and other infrastructure, particularly in coastal areas, hill faces and ridges.

• To protect the clear sweeping views to and from the ocean available from the precinct.

• To consider the dominance of an indigenous natural landscape in coastal areas, between townships, particularly from the Great Ocean Road and avoid ribbon development.

It is my view that the proposal appropriately responds to the application requirements in that in demonstrates:

• That the new buildings and works are designed and constructed to avoid contrasting shape, colour, size and mass.

• That the buildings and works are sited so that they do not dominate the visual landscape.

• That buildings and works on ridgelines has been avoided.

I find the proposal responds positively to the decision guidelines under this overlay both with respect to buildings and works and tree removal.

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The Erosion Management Overlay Schedule 1 applies to the majority of the subject site, excluding only a small portion of land in the north east corner of the site. The EMO recognises that land in this part of the Shire is subject to landslip and erosion and that given the high risk of potential instability, development proposals warrant specific review of these risks.

The Geotechnical considerations relevant to the EMO are outside my area of expertise.

The Environmental Significance Overlay Schedule 3 (ESO3) applies to the northern/north western portion of the site. The ESO relates to Declared Water Supply Catchments. A permit is required under the ESO. The ESO seeks to ensure that the proposed use or development will not result in erosion and impact the ability of the land to contain any pollutant or treated water on site.

The entirety of the subject site is impacted by the Bushfire Management Overlay (BMO). This overlay seeks to

• To ensure that the development of land prioritises the protection of human life and strengthens community resilience to bushfire.

• To identify areas where the bushfire hazard warrants bushfire protection measures to be implemented.

• To ensure development is only permitted where the risk to life and property from bushfire can be reduced to an acceptable level.

As required by the BMO, a bushfire hazard site assessment, bushfire hazard landscape assessment and bushfire management statement were prepared for the proposal. I note the CFA have considered the lodged documentation and have, subject to conditions, not objected to the proposal.

The Land Subject to Inundation Overlay (LSIO) applies only to a small portion of the site in the north-east corner. No buildings are proposed on the land subject to the overlay.

However, as the overlay also applies to the Barham River Road, there is concern that in a flooding event, access and egress to the subject site would be compromised.


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Figure 6 – Significant Landscape Overlay

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Figure 7 – Erosion Management Overlay


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Figure 8 – Environmental Significance Overlay

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Figure 9 – Bushfire Management Overlay


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Figure 10 – Land Subject to Inundation Overlay

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OTHER MATTERS CLAUSE 52.06: CAR PARKING

Clause 52.06-5 sets out the parking required for the different uses, however it does not expressly provide a car parking ratio for a Residential Hotel use. It is my view that the complementary or ancillary components of the proposal including the bar, restaurant, wellness centre are not separate land uses but are encompassed in the Residential Hotel definition.

In the case where a use of land is not specified in Table 1 at Clause 52.06 before the new use commences car parking spaces must be provided to the satisfaction of the responsible authority. The traffic report advocated the need for 207 spaces. The revised plans show some 274 spaces. Bus layover areas are provided as well as bus drop off/pick up zones.

The proposal is also predicated on the concept that the Ridge and Water Villas will be via buggy access/concierge access only and not via private vehicle.

An assessment of the appropriateness of the carparking provision will be undertaken by others.

CULTURAL HERITAGE

As shown in Figure 11 below, the subject site has been designated as an area of potential cultural heritage.

Of the total site, it is only the area of land proposed to be developed as the Ridge Villas in the north west of the site that may be impacted.

I understand that a Cultural Heritage Management Plan (CHMP) has not been finalised at this time.

Under the Aboriginal Heritage Act 2006, I note that a CHMP is required to be submitted and approved for the development prior to the issue of any planning permit by the Minister.


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Figure 11 – Area of Potential Cultural Heritage Sensitivity

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Documents

275 BARHAM RIVER ROAD, APOLLO BAY · The proposal will adversely impact the night sky of the location through ... Council detailed above and the submissions to the second round of