Final Agenda - Planning Committee Meeting - 13-02-2018 Committee Meeting 13 February 2018 Notice and Agenda of Meeting to be held in the Council Chamber, Magid Drive, Narre Warren

Planning Committee Meeting

13 February 2018

Notice and Agenda of Meeting to be held in the Council Chamber,

Magid Drive, Narre Warren

Commencing at 6:30 p.m. Chairperson: Councillor Tim Jackson Members: Mayor Geoff Ablett Deputy Mayor Cr Wayne Smith, BJ, JP Deputy Mayor Amanda Stapleton Councillor Sam Aziz Councillor Damien Rosario Councillor Gary Rowe Councillor Rosalie Crestani Councillor Rex Flannery Councillor Milla Gilic Councillor Susan Serey

Chief Executive Officer: Mike Tyler

ORDER OF BUSINESS

1. Statement of Acknowledgement

The City of Casey acknowledges that we are on the traditional land of the Bunurong and Wurundjeri People and pays respect to all elders past and present.

2. Apologies 3. Confirmation of Minutes of:

Planning Committee Meeting held on 12 December 2017

4. Declaration by Councillors of any Conflict of Interest or Personal Interests pursuant to Sections 79 and 79B of the Local Government Act 1989 (the Act) in any items on the Notice Paper. (Note that Section 79(2)(a)(i) of the Act requires Councillors to disclose the nature of a Conflict of Interest or a Personal Interest immediately before the relevant consideration or discussion). Section 79B also requires that the Councillor declaring a Personal Interest must seek consent from Council to be exempt from voting on the item.

5. Consideration of Officers Reports

Section 1 - Permit Applications Section 2 - Appeals Section 7 - General Matters

Planning Officers Acting Strategic Director City Planning & Infrastructure - David Wilkinson Manager Statutory Planning and Building Services - Duncan Turner Co-ordinator - Subdivision Permits - Bill Zombor Team Leader - Statutory Planning - Craig Tate Team Leader - Statutory Planning - Nick Moore Team Leader - Statutory Planning - Lauren Richardson

Planning Committee

Permit Applications

Registration and Delegation of Application to Planning Officer

Preliminary assessment and Site Inspection

Further Information if required

Referral of application - internal/external

Advertising of Application

Appeal to VCAT

VCAT decision

Refusal Permit Permit amended conditions

Final Assessment

Notice of Decision Refusal Permit

Objections received No objections

RefusalPermit

Planning Committee

I N D E X T O S E C T I O N 1 P E R M I T A P P L I C A T I O N S

Item Page No.

File Ward (if

applicable) Description Recommendation

1.1 5 101606.PPD01 Four Oaks PlnA01089/10.B 57-64 Fox Road Narre Warren North Lot 1 PS 545643Q Amendment to Planning Permit P781/10-A (Use and Development of a Place of Worship) by Amending Plans

That Council issue a Notice of Decision to Refuse to Grant a Permit

1.2 25 PlnA00632/17 Mayfield PlnA00632/17 1-5 Monahans Road Cranbourne West Lot 1 PS 412871U Use and Development of a Convenience Restaurant, Works to an Existing Service Station and Advertising Signage

That Council issue a Notice of Decision to Grant a Permit

1.3 79 PlnA00199/17 Four Oaks PlnA00199/17 131-137 Belgrave Hallam Road Narre Warren North Lot A PS 723901D Car park (temporary) in association with a Place of Worship/Assembly

That Council issue a Planning Permit

I N D E X T O S E C T I O N 2 A P P E A L S

Item Page

No. File Ward

(if applicable)

Description Recommendation

2.1 95 N/A N/A To inform Councilors of the decision of any appeals that were held at VCAT on planning permit applications.

That the report be noted

I N D E X T O S E C T I O N 7 G E N E R A L M A T T E R S

Item Page No.

File Ward (if

applicable) Description Recommendation

7.1 96 N/A N/A To report on decisions on planning applications

That the report be noted

Planning Committee

Section 1 Permit Applications 13 February 2018 Item 1.1

Page 5

File No.: 101606.PPD01Planning Permit App No.: PlnA01089/10.B (formerly P781/10.A) Address: 57-61 Fox Road NARRE WARREN NORTH VIC 3804

Lot 1 PS 545643QProposal: Amendment to Planning Permit P781/10-A (Use and

Development of a Place of Worship) by Amending Plans

Recommendation: That Council issue a Notice of Decision to Refuse to Grant a Permit

Executive Summary

Date Lodged 23 May 2017 (141 statutory days elapsed) Existing Land Use Place of Worship

Surrounding Land Use Residential to the north-west, south and east. Active open space to the north east.

Applicant J Mitrea

Zone Clause 32.03 Low Density Residential Zone

Overlays n/a

MSS/Council Policies Clause 21.03 Settlement and Housing Clause 21.07 Built Environment Clause 21.14 Casey Foothills Clause 22.02 Non-Residential Uses in Residential Areas Policy Places of Assembly/Worship Policy (7 September 2004)

Objections 6

Key Issues Scale and intensity of non-residential development in the Low Density Residential Zone

Building height Non-compliance with Local Planning Policy Consideration of objections

The Proposal

It is proposed to amend the existing permit by constructing a church building in the front north eastern corner of the site and extending the size of the existing car park by 21 spaces. A full description of the proposal is included in Appendix 1. Details of the proposal are shown on the attached plans (refer to Plans A - D).

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Site and Surrounding Area

The subject site is located on the southern corner of Fox Road and Leech Court in Narre Warren North, with vehicle access via two crossovers to Leech Court. The site has an area of 4828m2 and is irregular in shape with an angled frontage to Fox Road. The site contains an existing place of worship conducted in a converted dwelling, located centrally on the site. A sealed car parking area is located on the south western side of the church, abutting 1 Leech Court. The southern and eastern parts of the site are vacant. The site is generally flat with 1.8m tall timber fencing along the south eastern and south western boundaries and approximately 1.6m tall transparent pool style fencing along the road abuttals. The surrounding area is low-density residential to the north, west, south and south east. Lots are generally very spacious with areas of 4000-6000m2 including large dwellings and substantial separation between dwellings. Land for several hundred metres around the site is generally flat with little significant vegetation, allowing for relatively long sightlines. Kalora Park is located to the north east of the site. Several non-residential uses exist approximately 500-800m further west along Fox Road, near Narre Warren North Road including places of worship at 1-2 and 8 Lowry Court, an aged care centre at 359 Narre Warren North Road and a Council soccer ground at 87-103 Fox Road. Details of the neighbourhood character are included in Appendix 2. Any relevant planning history is included in Appendix 3.

Locality Plan

Subject site Objectors property North Ward: Four Oaks Melway Ref: 108 D9

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Planning Controls

Why is a permit amendment required?

Zone Clause 32.03-4 Buildings and works associated with a Section 2 Use A full assessment against the above provisions and the relevant sections of State and Local policy is included in Appendix 4. Referrals

The application was referred to relevant Council Departments for comment and advice. A complete list of responses is included in Appendix 5. In addition to the suggested standard conditions, the following responses contain additional information that influences the recommendation:

Internal referral Traffic Engineering Department. The local road network has capacity to

accommodate traffic generated by the proposed development, however the proposed loop driveway, car parking aisle widths and disabled parking spaces are too narrow.

Advertising

The application was required to be advertised. The advertising was satisfactorily completed and six objections were received (refer to Locality Plan for the location of objectors properties). The grounds of objection may be summarised as follows: 1. Height of proposed church / intensity of development 2. Loss of amenity to neighbouring properties / neighbourhood character 3. Increased traffic / excessive on-street parking 4. Overshadowing 5. Breach of permit conditions more than 50 patrons on site, sometimes until 1am 6. Reduced property values A response to these objections is provided in Appendix 6. Officer Direct or Indirect Interest No Council officers involved in the preparation of this report have a direct or indirect interest in matters for consideration. Conclusion

A recommendation for refusal is based on an assessment against the requirements of the Casey Planning Scheme and consideration of all written objections. The key basis for the recommendation is: Scale and intensity of non-residential development within a Low Density Residential Zone

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Impact on amenity and neighbourhood character

Non-compliance with relevant planning policy

Consideration of objector concerns

Recommendation

A. That Council issue Notice of Decision to Refuse to Grant a Permit PlnA01089/10.B for Amendment to Planning Permit P781/10-A (Use and Development of a Place of Worship) by Amending Plans at 57-61 Fox Road NARRE WARREN NORTH VIC 3804, Lot 1 PS 545643Q on the following grounds:

1. The scale and intensity of the proposed development is out of keeping with the existing and preferred neighbourhood character.

2. The scale and intensity of the proposed development will result in an unreasonable loss of amenity to surrounding properties.

3. The proposed driveway and parking aisle width does not comply with Australian Standards.

4. The proposed development does not achieve satisfactory compliance with the following clauses of the Casey Planning Scheme:

- Clause 21.03 - Settlement and Housing

- Clause 21.07 - Built Environment

- Clause 21.14 - Casey Foothills

- Clause 22.02 - Non-Residential Uses in Residential Areas Policy, including Places of Assembly / Worship Policy (7 September 2004)

5. The proposal is an overdevelopment of the site. B. That the objectors be notified of Councils decision.

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Appendices: Application details, considerations and assessment

Appendix 1: Details of proposal

The two key additions to the existing place of worship are a 13m tall church and an extended car park including 21 additional parking spaces located in the southern and eastern sections of the site. The existing place of worship operates from a converted dwelling, located centrally on the site. A sealed car parking area with approximate dimensions of 50m by 40m is located on the western side of the church, abutting 1 Leech Court. The southern and eastern parts of the site are vacant, with scattered small trees and shrubs. The proposed church building has dimensions of 24.65m long, 14.03m wide and 13.07m tall with wall heights of up to 6.8m. The building has a 5.2m south eastern setback (to 63 Fox Road) and a 10m front setback to Fox Road. The church incorporates elements of a traditional church including a nave (central seating area), semi-circular transepts (wings) and semi-circular chancel/apse (altar area). External features include entry portals supported by columns, an external arcade (walkway) addressing the carpark and a variety of ornate architectural elements common to churches. The existing car park contains 33 spaces, 7 of which are being removed to make way for 21 new spaces, making a total of 47 spaces. The carpark extension and loop driveway are proposed in the south eastern part of the site and connect to the existing carpark. In terms of overall site coverage of buildings and carparks, the existing development covers approximately 1900m2 or 39 per cent of the site. The proposed amendment increases this to approximately 3000m2 or 62 per cent. A landscaping plan proposes screen planting of trees and shrubs along the north eastern (Fox Road) boundary and the south eastern boundary plus additional planting within the existing development. The applicant has stated that the existing building will be used for community activities and accommodation for the priest and his family. The applicant has not applied to amend any permit conditions, stating that existing patron numbers and days/times of use will not change. A Cultural Heritage Management Plan (CHMP) was prepared for the site in accordance with the requirements of the Aboriginal Heritage Act 2006. The CHMP does make any recommendations that affect the proposed development.

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Appendix 2: Site and Surrounding Area

The site has the following abuttals: To the north west:

Low density residential To the south west:

Low density residential To the south east:

Low density residential To the north east:

Council recreation reserve The subject site is located on the southern corner of Fox Road and Leech Court in Narre Warren North, with vehicle access via two crossovers to Leech Court. The site has an area of 4828m2 and is irregular in shape with an angled frontage to Fox Road. The site is affected by a 1.5m wide powerline easement along the south western boundary. Section 173 Agreement AF868846H applies to the site and amongst other things, requires lots to be filled to a minimum 300mm above the flood level and floor levels to be constructed to a minimum 600mm above the flood level. Plan of Subdivision PS545643Q specifies restrictions relating to a dwelling building envelope and provision of a static water supply for dwellings. The proposal appears not to contravene these restrictions. The site contains an existing place of worship conducted in a converted dwelling, located centrally on the site. A sealed parking area with approximate dimensions of 50m by 40m is located on the western side of the church, abutting 1 Leech Court. The southern and eastern parts of the site are vacant, with scattered small trees and shrubs. The site is generally flat with 1.8m tall timber fencing along the south eastern and south western boundaries (labelled on plans as not fenced) and 1.6m tall transparent pool style fencing along the road abuttals (labelled on plans as 1.8m tall brick pier fence with metal bar infill). The surrounding area is low density residential to the north, west, south and south east. Lots are generally very spacious with areas of 4000-6000m2 including large dwellings and substantial separation between dwellings. Land for several hundred metres around the site is generally flat with little significant vegetation, allowing for relatively long sightlines. Kalora Park is located to the north east of the site, on the northern side of Fox road, including an oval, netball courts, club rooms and car park. Several non-residential uses exist approximately 500-800m further west along Fox Road, near Narre Warren North Road, including two places of worship at 1-2 and 8 Lowry Court, an aged care centre at 359 Narre Warren North Road and a Council soccer ground at 87-103 Fox Road.

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Appendix 3: Relevant planning history

The original planning permit PlnA001089/10 for Use and Development of a Place of Worship was issued at the direction of the Victorian Civil and Administrative Tribunal (VCAT) on 14 October 2011, following an appeal by objectors against Councils decision to issue a Notice of Decision to Grant a Permit. Key reasons cited by VCAT for granting a permit were (quoted from Blue & Ors v Casey CC [2011] VCAT 1968): Small scale development and appropriate contribution to character of the area

7. Local policy emphasises the need for care in locating churches to avoid loss

of privacy, amenity and convenience to nearby residents, and the need for all non-residential uses to contribute to the character and appearance of the area.

12. In terms of scale and appearance, the proposal is small and involves

relatively minor modification to an existing dwelling. This is consistent with local policy. The relatively large size of the lot means there can be adequate on-site parking.

24. The subject land is satisfactorily located for this proposal. The proposal is a small church on a larger than average lot in a LDRZ with good access to larger roads in the area.

Appropriate parking provision

15. Provision of 33 spaces will be sufficient for normal use for a maximum of 50

persons. 16. It is well accepted that parking does not need to be provided to meet

demand on the few peak days of worship each year, because such parking would be underused at all other times and is a poor use of resources. The Council's decision provides for an area to be set aside on the land for overflow parking, without the need for a constructed car park

The permit plans were amended on 7 September 2015 by removing a proposed extension to the existing dwelling and altering the layout of the dwelling.

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Appendix 4: Assessment against relevant Planning Scheme controls

Planning Scheme reference Assessment State Planning Policy FrameworkClause 15 - Built Environment and Heritage

Objectives of this clause include ensuring that new development contributes to community and cultural life and that urban environments are safe and functional, with minimal impact on neighbouring properties. The proposed amendment, if approved, would contribute to the community and cultural life the City of Casey, however the height and site coverage of the buildings and car park will not minimise impact on neighbouring properties.

Clause 18.02-5 - Car Parking The proposed 47 space car park will operate as outlined earlier in this report, providing adequate parking for the proposed development. See below for an assessment of the proposal against Clause 52.06 (Car Parking).

Planning Scheme reference Assessment Local Planning Policy FrameworkClause 21.03 - Settlement and Housing

This is a strategic policy that aims to enhance and strengthen liveability in Caseys communities. Relevant objectives, strategies and implementation measures include:

Provide for appropriate non-residential uses to establish in residential areas for the convenience of local residents.

Provide visible clusters of local facilities to encourage active participation in community life.

Applying the Low Density Residential Zone to established and committed residential areas where larger lots are appropriate, and which may not be fully serviced but can treat and retain all wastewater.

Using the Non-Residential Uses in Residential and Future Residential Areas Policy at Clause 22.02 to facilitate the provision of non-residential uses in appropriate locations where they do not detract from the amenity, character and function of existing and future residential land uses.

The use is already established and provides convenience for local residents however the scale and intensity of the proposed development is not considered appropriate on the site as it will impact un-reasonably on local amenity.

Clause 21.07 - Built Environment

This is a strategic policy which encourages good development and recognises that good design fosters community pride, quality of life and the perception of Casey as a great place to live. A significant number of objectives and strategies are relevant to the proposal, including:

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Planning Scheme reference Assessment Local Planning Policy Framework

Manage design and built form outcomes having regard to the strong suburban sense of place, which recognises green space and landscaped setbacks.

Recognise and value the intrinsic characteristics of Caseys diverse local areas.

Manage the special and unique character qualities of Caseys townships and villages.

Ensure development within Casey adds to the preferred character of an area, where this has been identified.

Ensure that non-residential uses do not detract from the amenity, character and function of existing residential areas.

Manage design and built form outcomes to ensure that existing neighbourhood character is not eroded by ad hoc, insensitive and poorly designed development.

Protect the landscape qualities of Caseys non-suburban areas, including Casey Foothills and coastal environs.

Strengthen the country feel in Caseys suburban and non-suburban communities.

The detailed design of the church is of a high standard, however in its proposed location the development does not contribute acceptably to the character of the area and will impact the amenity of surrounding low-density residential lots. The addition of the 13m tall church with 6.5-6.8m tall walls and extension of the carpark result in a significant intensification of built form which is not characteristic of the area. The setbacks of the church and carpark to abutting residential properties do not provide adequate transitioning between properties and the 62 per cent site coverage is considered too large for the site.

Clause 21.14 - Casey Foothills

This policy locates the site within the Casey Foothills, characterised by hilly terrain, semi-rural landscape and character which is valued by the community. Relevant objectives and strategies include:

To ensure the long-term protection and enhancement of the Casey Foothills for its valued rural landscape and character.

To protect the open rural landscape character of the area so that it remains largely free of development.

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To reinforce Narre Warren Norths unique rural township sense of place that provides easy access to the full range of suburban services.

Ensure that development is sympathetic to the landscape and scenic qualities of the Casey Foothills, protecting the visually exposed areas such as hilltops and ridgelines.

Maintain the attractive lifestyle qualities of the low-density and rural residential areas of the Casey Foothills.

For reasons previously outlined, the height and scale of the proposal is not considered to respond appropriately to the objectives of this policy which encourage development that protects the spacious character of the area and maintains the lifestyle living qualities associated with the low-density area of the Foothills. The site and surrounding area are virtually flat with relatively large separation between dwellings resulting in open sightlines. The 13m height of the church with 6.5-6.8m tall walls will be clearly visible from abutting properties and likely for some distance within the surrounding Low Density Residential Zone. A landscaping plan proposes screen planting of trees and shrubs along the north eastern (Fox Road) boundary and the south eastern boundary plus additional planting within the existing development. Whilst landscaping may assist partially screen the proposed development, this is not considered enough to ameliorate the proposals strategic and built form shortcomings.

Clause 22.02 - Non-Residential Uses in Residential Areas Policy

This policy is particularly relevant to the proposal. The main objective of this policy is to facilitate, in appropriate locations, the establishment of non-residential uses that serve the needs of the local community. Below is an assessment of the proposal against the relevant policy and performance standards:

In established residential areas, non-residential uses be located adjacent to an activity centre or commercial/industrial area, or within a recognised community activity cluster, and, wherever possible, nearby similar non-residential uses to reduce car dependency and maximise accessibility to public transport. Does not comply. Despite the subject site being located opposite a recreation reserve, the place of worship is an isolated non-residential use among a low density residential area which is not proximate to an activity centre or recognised community activity cluster. Several non-residential uses are located 500-800m east near

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Narre Warren North Road, however the subject site is too far away to be considered part of this cluster.

Non-residential uses be required to result in a net benefit and convenience to the local community. The expanded place of worship would benefit members of the congregation, however the proposed height and scale of development is unlikely to benefit surrounding residents who have objected to the proposal.

Non-residential uses be located along roads that are capable of carrying anticipated traffic volumes, such as arterial or collector roads, and on or close to a designated public transport route. Does not comply. However Councils Traffic Engineering Department states that the local road network has adequate capacity to accommodate traffic generated by the proposal.

Non-residential uses not be located fronting service

roads due to the impact on the residential character of the arterial road and the potential for ribboning along such roads. Technically complies as the site does not front a service road, however the proposed development does contribute to ribboning along Fox Road.

Non-residential uses do not segregate a single dwelling

or a collection of dwellings from the surrounding residential area. Potentially does not comply. The location of the proposed development will further separate the dwelling at 63-67 Fox Road from surrounding low-density sites.

The scale, design and appearance of any new buildings,

works or landscaping associated with a non-residential use be complementary to the existing or preferred character of the surrounding area.

Non-residential uses/developments be designed,

constructed and operated in a manner that causes minimal loss of amenity, privacy and convenience to people living in nearby dwellings, having regard to traffic, car parking, access, built form and overall site layout. Does not comply. One of VCATs key reasons for supporting the original proposal was the small scale of the development. The proposed development intensifies the development to the extent that it is considered out of

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keeping with the existing and preferred character of the area, resulting in a loss of amenity and privacy to surrounding residents.

New stand-alone places of assembly/worship be discouraged from locating in established residential areas. Not applicable. However it is noted that the proposed development is located in an established residential area, which is discouraged.

The building design should be consistent with the overall scale and character of the surrounding residential area, particularly in terms of style, height, massing and roof pitch.

Buildings should be sited to minimise the effect of the activity generated on the site upon adjoining residential properties. Does not comply. Reasons outlined previously.

Based on the above assessment, the proposal does not demonstrate adequate compliance with the relevant parts of this policy.

Planning Scheme reference Assessment Other Clause 32.03 - Low Density Residential Zone

The main purpose of the zone is to provide for low-density residential development. The zone does not provide any specific decision guidelines relating to land use applications.

Clause 52.06 - Car Parking The main purposes of this policy is to ensure that an appropriate number of car spaces are provided having regard to the demand likely to be generated and to ensure that the design and location of car parking enables safe and efficient use. The car parking requirement table contained in this clause requires provision of 0.3 car spaces for each patron. Condition 9 of the permit allows up to 80 patrons on the site at certain times, therefore 24 car spaces are required. The application increases the number of car spaces from 33 to 47 which easily meets minimum parking requirements. Councils Traffic Engineering Department has found the proposed loop driveway, car parking aisle widths and

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Planning Scheme reference Assessment Other

disabled parking spaces are too narrow. If a permit were to issue, required changes to the carpark layout are: - The loop driveway to be 6.4m wide to accommodate 90-

degree parking. - Disabled car spaces resigned to comply with Australian

Standards. It is noted that the proposed driveway and aisles have a 3.6m width. Up to 5.6m would be required across the south eastern part of the site to accommodate 6.4m wide driveways and aisles. Considering the site layout and minimal setbacks, it appears additional land not is readily available to accommodate widening of the driveways and aisles.

Clause 65.01 General Decision Guidelines

This clause contains a set of general decision guidelines for the approval of an application or plan. Most of the decision guidelines repeat information and assessment that has already been made throughout this report and need not be repeated here.

Places of Assembly / Worship Policy (7 September 2004)

This policy addresses many of the same aspects as Clause 22.02 (Non-Residential Uses in Residential Areas) and serves as a reference document this clause.

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Appendix 5: Referral comments

Type of referral Response Internal Department Drainage No objection subject to standard conditions including the provision

of a litter trap to control runoff from the car park.

Landscaping No objection in principle, however opportunity for meaningful screen planting along the south eastern and south western boundaries is limited due to minimal development setbacks. Standard conditions are required including the preparation of a landscaping plan featuring trees and shrubs with specific emphasis on species selection to provide appropriate screening.

Waste management No objection, subject to a suitable area for waste storage and collection being incorporated into the design. The waste storage area must be appropriately screened and located so as to allow waste vehicles to safely manoeuvre through the site.

Traffic Engineering Leech Court and Fox Road have capacity to accommodate traffic generated by the proposed development.

The proposed loop driveway and parking aisles require widening to 6.4m wide.

Disabled parking spaces do not comply with Australian standards.

A one-way traffic arrangement should be considered for the loop road / parking aisle, which may reduce required aisle widths.

Directional signage and line markings required throughout the car park.

Lighting required throughout the carpark for safe night time operation.

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Appendix 6: Response to objections

Objection Comment 1. Height of proposed

church / intensity of development

For reasons previously outlined, the proposed height and intensity of development is considered to exceed what the site can reasonably accommodate, given the low-density context of the site and surrounding area.

2. Loss of amenity to neighbouring properties / neighbourhood character

The proposed development, including the 13m height of the church, minimal setbacks and extent of site coverage will result in a loss of amenity for dwellings directly abutting the site, particularly for 63-67 and 69-73 Fox Road which have private open spaces areas abutting the development area. The site and surrounding area are virtually flat with relatively large separation between dwellings resulting in open sightlines. The proposed church will be clearly visible from abutting properties and likely for some distance within the surrounding Low Density Residential Zone, which is not in keeping with the existing or preferred neighbourhood character.

3. Increased traffic / excessive on-street parking

The application does not seek to increase patron numbers beyond those allowed under the existing permit (50 persons with the exception of special events where 80 persons are allowed on site). Councils Traffic Engineering Department has no objection to the quantity of parking provided. According to Clause 52.06, 80 persons generates a requirement for 24 parking spaces, whereas 47 have been provided. It is acknowledged that for special events, some overflow parking may occur in the local street network, however a degree of overflow parking is commonly accepted for such uses.

4. Overshadowing

The applicant has provided a shadow diagram which indicates that shadows will be significantly absorbed on site, except for the 3pm shadow which falls several metres into 63-67 Fox Road. This is considered reasonable.

5. Breach of permit conditions more than 50 patrons on site, sometimes until 1am

This has been referred to Councils Planning Compliance Team. It is noted that the proposed church appears to provide seating for more than 50 persons, in addition to the ability for additional people to occupy the existing building. However the application must be assessed on the basis of what has been applied for, not on a hypothetical outcome.

6. Reduced property values

This is not a planning matter therefore cannot be considered.

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Attachment 1

Plans A D

Floor Plans and Elevations, Existing Site Plan, Site Response Plan, Landscaping Plan

This document has been copied and made available for the purpose of the planning process as set out in the Planning and Environment Act 1987. The information must not be used for any other purpose and must not breach any Copyright or Privacy laws. By taking a copy of this document you acknowledge and agree that you will only use the document for the purpose specified above and that any dissemination, distribution or copying of this document is strictly prohibited.

ADVERTISED PLANS

Version: 1, Version Date: 17/10/2017Document Set ID: 12225402

Planning Committee Section 1 Permit Applications 13 February 2018

Item 1.2

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File No.: PlnA00632/17Planning Permit App No.: PlnA00632/17Address: 1-5 Monahans Road CRANBOURNE WEST VIC 3977

Lot 1 PS 412871UProposal: Use and Development of a Convenience Restaurant, Works to

an existing Service Station and Advertising Signage

Recommendation: That Council issue a Notice of Decision to Grant a Permit

Executive Summary

Date Lodged 4 September 2017 (107 statutory days elapsed)

Existing Land Use Service Station (BP) and Car Wash

Surrounding Land Use A mix of commercial and residential land uses.

Applicant JASBE North Cranbourne Pty Ltd C/- Voda Building Services Pty Ltd

Zone Clause 32.08 General Residential Zone

Overlays Nil

MSS/Council Policies Clause 21.03 Settlement and Housing Clause 21.05 Economic Development Clause 21.06 Transport Clause 21.07 Built Environment Clause 21.18 Cranbourne West

Objections 7

Key Issues Whether the scale and design of the use and development is compatible with the adjoining residential uses

Whether the 24/7 operation is a suitable outcome Whether the provision of car parking meets the requirements of Clause

52.06 Whether the traffic generated by the proposal will impact upon the

safety and efficiency of the road network. The Proposal

It is proposed to develop the land for the use and development of a convenience restaurant (Carls Junior), works to the existing service station and advertising signage. A full description of the proposal is included in Appendix 1. Details of the proposal are shown on the attached plans (refer to Plans A - Z).


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Site and Surrounding Area

The subject site is on the north-west corner of Cranbourne-Frankston Road and Monahans Road, Cranbourne West. The site is irregular in shape, with a 64.03 m frontage to Cranbourne-Frankston Road and a 46.2 metre frontage to Monahans Road. The site has an overall area of 3523m2. Key features of the subject site include the existing single storey service station building and petrol bowser canopy on the western portion of the site, as well as an automatic car wash, trailer hire parking and vacuum bays in the eastern portion of the site. An at grade car park is provided surrounding the existing development. Whilst the surrounding area is zoned General Residential and developed accordingly, the land to the west has been developed for commercial purposes, including a petrol station, food and drink premises and car wash). Cranbourne-Frankston Road is a road in Road Zone Category 1. The intersection immediately south-east of the site is signalised. Land located immediately north of the subject site is developed with a single storey unit development, with the common driveway adjacent the subject sites northern boundary, separated by a 2.1-metre-high boundary fence. Land immediately to the south is Cranbourne-Frankston Road, a dual carriageway separated by a central medium strip. On the other side of Cranbourne-Frankston Road are the rear boundaries of dwellings fronting Augusta Court. Immediately east of the site is Monahans Road, with dwellings fronting Monahans Road beyond this.


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Locality Plan

Subject site Objectors property North Ward: Mayfield Melway Ref: 133 E5 Planning Controls

Why is a permit required?

Zone Clause 32.08-4 General Residential Zone (Schedule 1)

Use and Development of a Convenience Restaurant and Works to the Existing Service Station

Overlays n/a n/a

Particular Provisions

Clause 52.05-9 Advertising Signage - Category 3

Business Identification Signage, Pole Sign and Internally Illuminated Signage

A full assessment against the above provisions and the relevant sections of State and Local policy is included in Appendix 2. Referrals

The application was referred to external agencies and Council Departments for comment and advice. All of whom support the proposal. A complete list of responses is included in Appendix 3. Advertising

The application was required to be advertised. The advertising was satisfactorily completed, with seven (7) objections were received (refer to Locality Plan for the location of objectors properties).

Excludes Objectors outside this locality plan


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The grounds of objection may be summarised as follows: 1. Inappropriateness of the proposal in a General Residential Zone 2. Traffic impacts 3. Amenity impacts associated with noise, smells and lighting 4. Boundary fencing 5. Devaluation of surrounding properties 6. Broader economic impacts A response to these objections is provided in Appendix 4. Officer Direct or Indirect Interest No Council officers involved in the preparation of this report have a direct or indirect interest in matters for consideration. Conclusion

A recommendation for approval is based on an assessment against the requirements of the Casey Planning Scheme and consideration of all written objections. The key basis for the recommendation is: Compliance with State and Local Planning Policy Frameworks, particularly business, economic

development and retail objectives. The site currently is used for non-residential uses. The design and permit conditions balance the business development objectives with local amenity considerations.

Consideration of amenity issues relating to light, smell and noise (from vehicles and machinery). An acoustic report has been considered and the recommendations incorporated into the proposal.

Permit conditions to increase the proposed northern boundary fence height to 2.1 metres and to manage the amenity interests of the residential objectors.

Recommendation

A. That Council issue Notice of Decision to Grant a Permit PlnA00632/17 for Use and Development of a Convenience Restaurant, Works to an existing Service Station and Advertising Signage at 1-5 Monahans Road CRANBOURNE WEST VIC 3977, Lot 1 PS 412871U in accordance with the endorsed plans (Waste Management Plan prepared by MGA dated 11 October 2017, Reference MGA18052), the plans to be submitted and subject to the conditions contained in Appendix 5.

B. That the objectors be notified of Councils decision.

C. That VicRoads be notified of Councils decision.


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Appendices: Application details, considerations and assessment

Appendix 1: Details of proposal

It is proposed to demolish the existing car wash, vacuum bays, trailer parking bays, car parking and landscaping in the eastern portion of the site. This will allow for the development of a convenience restaurant (Carls Junior) and the associated drive-through, car parking and landscaping. New advertising signage is also proposed, including internally illuminated signage and a second pylon sign.

Access to the site is via the existing crossovers to Cranbourne-Frankston Road and Monahans Road (which is to be modified, i.e. reduced in size). A total of 42 shared car parking spaces (including two disabled car spaces) and eight bicycle spaces are proposed to service both the service station (12 spaces) and the convenience restaurant (30 spaces).

Use of a Convenience Restaurant The convenience restaurant is proposed to operate as follows:

24 hours, seven days a week Maximum of 12 staff on-site at any one time Total number of 96 seats on site (78 inside and 18 outdoors) Deliveries will be restricted to between 6.30am and 9.30am, seven days a week

Development of a Convenience Restaurant

The building is proposed to be setback 9 m from the Monahans Road boundary, 24.34 m from the Cranbourne-Frankston Road boundary and 5.4 m from the northern boundary. It will be also setback 16.52 m from the existing service station building.

The drive-through component, payment and collection points, with associated canopies, are provided on the north and west elevations. The drive-through area will operate in a clockwise direction, commencing on the western elevation.

The entrance to the building is on the southern elevation, with a secondary entrance provided at the eastern elevation.

The building is proposed to be constructed from fibre cement wall cladding (rustic, red paint finish and Dulux paint finish with dark grey metal effect), porcelain tile (timber-look), architectural panels (light grey), powder coated metalwork (black), woven wire steel mesh (black) and steel chequer plates.

The mechanical plant room and refuse area, as well as back-of-house area are to be located in the western portion of the building. The externally elements are proposed to be screened.

A loading zone is located to the south-west of the building. A new 1.8-metre-high acoustic fence is proposed to replace the existing 2.1 metre high

Colorbond fence along the northern boundary, which is adjacent the drive-through component.

A total of 78 seats are provided within the eastern portion of the building. A rainwater tank is proposed to be connected to a rainwater harvesting system. Landscaping is proposed to be incorporated within the proposed development,

particularly within the front setbacks and along the northern boundary.


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Development of Additions to the Existing Service Station

Extend the store room on the eastern elevation by 7.35 m in length, 2.45 m wide and 4

m high. The extension will match the existing buildings materials, finishes, height and form.

Relocation of the ice machine from the eastern faade to the western faade, north of the dog wash bay.

Advertising Signage The existing BP Service Station and proposed Carls Junior Convenience Restaurant include business identification signage:

BP Service Station pylon sign is to be retained. An integrated signage package is proposed to upgrade the existing signage package,

consisting of wall logo signs and vinyl graphics across the host building and canopy. The signage package consists of BPs corporate colours of green, yellow and white.

Carls Junior signage includes:

Internally illuminated signage mounted on the east and south elevations which include white lettering and the yellow star branding of Carls Junior and Chargrilled Burgers. Each sign will measure 1.2 m high x 4.7 m wide.

A pylon sign, with a maximum height of 8 m located in the south-east corner of Cranbourne-Frankston Road and Monahans. It will be setback 2 m from the splay and 8.45 m from the Monahans site boundary.

A drive-through sign will be provided at a height of 1.52 m and 800mm wide in black and white powder-coated metalwork.

Directional signage in accordance with Australian Standards will be erected throughout the site.


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Appendix 2: Assessment against relevant Planning Scheme controls

Planning Scheme reference Assessment State Planning Policy Framework Clause 13.04-1 Noise and Air Objectives: To assist the control of noise effects on sensitive land uses.

To assist the protection and improvement of air quality.

The proposal is generally compliant with the objectives of these policies. An acoustic report was prepared by Marshall Day Acoustics dated 11 August 2017 and submitted with the application to assess the noise impact of the development on the adjoining land. The report indicates that, as the restaurant operated 24 hours a day, the effective noise limits for the site are as follows:

The noise sources considered for the purposes of this acoustic assessment are as follows: 1. Existing site operations, including mechanical services associated with the service station. 2. LPG & fuel deliveries to the existing site, including delivery trucks and the LPG pump 3. Proposed development with the recommended noise controls, including the existing and proposed mechanical services, CODs, deliveries and waste collection 4. LPG & fuel deliveries with recommended noise controls, including fuel delivery trucks and LPG pump. The cumulative effective noise level of all the above on-site activities demonstrated compliance with the SEPP-N1 noise limits for all time periods (day, evening and night). A permit condition will require all recommendations of the acoustic report to be implement prior to the use commencing.


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Planning Scheme reference Assessment State Planning Policy Framework Clause 15.01-1 Urban Design Objective: To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

The proposal is generally compliant with the objectives of this policy. The proposal contributes positively to the local urban character by enhancing the streetscape with a contemporary development and provides for noise mitigation measures as to minimise detriment to neighbouring properties.

Clause 17.01-1 Business Objective: To encourage development which meet the communities needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

The proposal is generally compliant with the objective of this policy, as it provides a net community benefit in providing for choice for the communities retail and commercial needs.

Planning Scheme reference Assessment Local Planning Policy Framework Clause 21.05 Economic Development The proposal will serve the needs of the local and

broader community in a convenient location. The site will be further activated by introducing a convenience restaurant component, as well as increasing employment opportunities on site.

Clause 21.07 Built Environment The design is well-considered design response, with a contemporarily designed building and a landscaping response which is considered appropriate.

Clause 21.18 Cranbourne West Relevant policy objectives and strategies: To extend Cranbournes treed image

into Cranbourne West and establish links in the suburban area to the surrounding countryside.

To develop, expand and refurbish Cranbourne Wests spaces, places and programs to reflect population growth.

The proposal seeks to retain some existing trees on site, particularly along the northern boundary, as well as proposes additional landscaping throughout the site. As discussed above, the proposal contributes positively to the local urban character by enhancing the streetscape with a contemporary development.


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Planning Scheme reference Assessment Local Planning Policy Framework Facilitate best practice in sustainable

urban development.

Clause 22.01 Retail Policy Relevant policy objectives: To consolidate Caseys retail and

commercial development patterns into recognised and planned activity centres.

To direct and facilitate a diversity of activity (retail, commercial, community, institutional, education, recreation and housing) in activity centres.

To ensure land use and development proposals for retail and commercial activities produce a net community benefit when measured against clear assessment criteria.

To develop robust Neighbourhood Activity Centres that are presently the weakest link in the retail hierarchy.

To provide car parking to satisfy the needs of users without detriment to local amenity.

The proposal is occurring on land used for existing commercial activities and will contribute towards the diverse range of commercial activities occurring within this space, being a small neighbourhood activity centre. Appropriate car parking has been provided on site.

Clause 22.02 Non-Residential Uses in a Residential and Future Residential Areas Policy

The location of the subject site lends itself well to commercial redevelopment, given the sites existing commercial land use, inappropriateness for the land to be used for residential purposes and direct access to Cranbourne-Frankston Road and Monahans Road. The design of the proposed convenience restaurant building, and the refurbishment of the service station is considered to be a sensitive response to the surrounding land uses, being single storey and facing away from sensitive residential interfaces. The contemporary design will improve the street presence of the existing commercial site.

Clause 22.04 Advertising Signs Policy Complies. See detailed assessment at Clause 52.05.

Clause 22.05 Stormwater Policy Complies. Conditions on any permit issued will require the quality of stormwater drainage to be maintained, including a gross pollutant trap to be installed to the satisfaction of Council.


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Planning Scheme reference Assessment Clause 32.08 General Residential Zone

Built Form Given the presence of similar built forms on the site and within the surrounding area, the proposed convenience restaurant building is not considered to result in any unreasonable visual bulk, particularly when considered in combination of the proposed setbacks and low-scale built form, good building articulation and surrounding landscaping areas. The proposed additions to the BP service station of a store room and relocated ice enclosure will have minimal visual impact upon the adjoining residential properties. Noise Noise sources associated with the proposed include the mechanical and plant equipment, patrons, deliveries and general traffic noise. Given the existing automatic car wash and vacuum bays on the eastern portion of the site, the commercial use of this site is already established. The acoustic report submitted with the application by Marshall Day Acoustics dated 11 August 2017 concludes that the proposed convenience restaurant can comply with the relevant legislation in terms of noise, provided the following noise controls are implemented:

A noise barrier provided to the northern site boundary to a height of 1.8 m above ground level.

Screening to the existing service station rooftop condenser

Waste collection from the site to be limited to the daytime period only (Monday-Friday, 7.00am to 6.00pm, Saturday 7.00am to 1.00pm.

No medium-ridge vehicle deliveries to occur in the night-time period 10.00pm to 7.00am the next day.

A condition on any permit issued will require the use of the convenience restaurant to operate in accordance with this Acoustic Report.

Planning Scheme reference Assessment Other Clause 52.05 Advertising Signage The subject site is located in a General Residential

Zone (Schedule 1) which designates advertising signage as Category 3 High Amenity Areas


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Planning Scheme reference Assessment (medium limitation) which seeks to to ensure that signs in high-amenity areas are orderly, of good design and do not detract from the appearance of the building on which a sign is displayed or the surrounding area. The proposed signage is consistent with the commercial nature of the surrounding area and particularly the existing BP Service Station. Carls Junior The scale and type of signage is typical of what would reasonably expected to be proposed for a convenience restaurant. The signage is distributed across the east and south facades of the building, with no parts of a sign protruding beyond the parapets. The signs are consistent with the scale of the host building and will not take away from any architectural features or windows associated with the building. The proposed signage will not obscure any identified views, vistas or landmarks identified within the Casey Planning Scheme and will not impede any views to existing signs. The proposed signage also presents a consistent corporate theme and will not result in any visual clutter or disorder. The proposed signs will not dazzle or distract drivers travelling along Cranbourne-Frankston Road or Monahans Road due to their size, design, lighting or colouring. The main pylon sign and building signage will be illuminated with conditions managing light spillage placed on any permit issued.

Clause 52.06 Car Parking Clause 52.06 requires 0.3 spaces to be provided to each patron permitted in a convenience restaurant. There is no statutory parking rate for service stations with parking to be to the satisfaction of the responsible authority. A total of 96 seats are proposed within the convenience restaurant, therefore a total of 28 spaces are required to be provided on site. A total of 42 spaces are provided on the subject site to be shared between the two land uses as follows:


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Planning Scheme reference Assessment 20 spaces proposed to be constructed

adjacent the convenience restaurant

10 existing spaces to the rear of the service station to be allocated to staff for both the convenience restaurant and service station

12 existing spaces adjacent the service station are to be remain for the exclusive use of the service station.

The convenience restaurant will see a total of 20 spaces to be constructed adjacent the building. The existing 10 spaces to the rear (north) of the service station will be allocated to staff parking for both uses. However, given the maximum number of staff proposed to be on site at the convenience restaurant at any one time is 10-12, it is considered more appropriate that the staff spaces to the rear of the service station be exclusively used for staff of the convenience restaurant only. A condition on the permit will reflect this. Therefore, this brings the total number of spaces on site allocated to the convenience restaurant is 30 spaces, which complies with the requirements of the Scheme. The Traffic Impact Assessment submitted with the application has used empirical data from similar service stations to assess the average parking demand for vehicles not using the bowsers. The average peak for this is 2-3 car spaces with an upper limit of 4 vehicles. Given this data, it is considered the 12 spaces allocated for non-bowser uses at the service station is satisfactory. The proposed car parking layout is consistent with the design standards of Clause 52.06 and the relevant Australian Standards. Swept path diagrams submitted with the application demonstrate the ability for a fuel tanker to enter and exit the site appropriate, which is satisfactory. The existing left-in, left-out crossover to Monahans Road is proposed to be modified to remove the excessive width which is redundant. This will be replaced with landscaping. This is supported. Councils Traffic Engineers have reviewed the Traffic Impact Assessment by MGA dated September 2017 and determined that the local traffic network is capable in accommodating the additional traffic generated by the use (70 new


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Planning Scheme reference Assessment trips on the road network, which is for both entry and exit movements in peak times). This is considered acceptable.

Clause 52.12 Service Station Purpose: To ensure that amenity, site layout and design are considered when land is to be used for a service station, especially if the site adjoins a residential zone.

Requirements to be met: Land may be used for a service station only if the following requirements are met. A permit may be granted to vary the requirements, if the responsible authority considers a better design solution will result.

Given the use of the service station exists on site, the proposal will be assessed against these provisions for buildings and works proposed to the existing use and buildings only: Site area and dimensions

The site must be at least 1,080m2 Complies.

The frontage must be at least 36m (30m if the site is on a corner) and the depth at least 30m. Complies.

Crossovers

No more than 2 vehicle crossovers may service the site from a road and at the road alignment a crossover must be no wider than 7.7 m, be at least 4.5 m from another crossover on the site, be at least 4.5 m from another road and at least 1.8 m from a crossover on another property. Complies, the existing crossovers will be utilised. The Monahans Road crossover will be modified to reduce the width. This crossover will also be limited to left-in, left-out movements only as a condition of any permit issued.

Kerb or barrier

Except at crossovers, a kerb or barrier must be built along the road alignment to prevent the passage of vehicles. Complies, the existing conditions will be maintained.

Road setbacks

A wall of a building must be at least 9m from a road. N/A existing conditions will remain.

A canopy must be at least 2.5 m from a road. N/A existing conditions will remain.

Petrol pumps, pump islands, water and air supply points and storage tank filling points must be at least 3.6 m from a road. N/A existing conditions will remain.


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Planning Scheme reference Assessment Petrol tankers must be wholly on the site

when storage tanks are being filled. Complies. The applicant has confirmed in their submission that tankers will continue to be maintained wholly on site when storage tanks are being filled.

Driveway space must be sufficient to enable a vehicle 13.8 m by 2.5 m to enter and leave the site without reversing. Complies. The Traffic Report submitted with the application confirms vehicles will be able to exit the site without the need for reversing.

No vehicle may be serviced unless it is wholly on the site. Complies.

Discharge of waste

Waste from a vehicle wash area must drain into a public sewer or a settlement and oil separation system. The system must comply with the Environment Protection Act 1970 and be installed to the satisfaction of the responsible authority. N/A existing conditions will remain.

Amenity requirements

The amenity of the locality must not be adversely affected by activity on the site, the appearance of any building, works or materials, emissions from the premises or in any other way. Complies, the bin storage area is to be located on the eastern side of the service station building and will be fully enclosed and screened from view.

Trailers for hire If trailers are for hire on the site:

The site must be at least 1,080 square m.

All trailers must be wholly on the site and must not encroach on landscaping or car parking areas or accessways.

On a corner site, a trailer higher than 1 metre must be parked at least 9 m from the corner.

N/A trailer hire is not proposed on site.


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Planning Scheme reference Assessment Adjoining residential zone If the site adjoins a residential zone:

A landscape buffer strip at least 3 m wide along the common boundary must be planted and maintained to the satisfaction of the responsible authority.

External lights must be directed away from the residential zone to prevent light spill and glare.

N/A the proposal relates to minor buildings and works to the existing service station and no change is proposed that will impact the adjoining residential land adjoining the site to the north.

Clause 52.20 Convenience Restaurant and Take-Away Food Premises

The sites location is considered appropriate for the use of a convenience restaurant given the site is currently used for commercial purposes and seeks to continue this commercial use. The site is not considered to be appropriate for residential use given the potential contamination of the land associated with the existing service station use. The site is also a part of a wider commercial strip which extends along Cranbourne-Frankston Road to the west. The site also has direct access to a road in a road zone Category 1. The proposed buildings and works will not result in an unreasonable impact upon the amenity of adjoining properties, including the existing commercial premises to the west and the residential properties abutting the site to the north. The proposed building will be single storey in built form with a maximum height of 6.5 m. The roof form will be flat which reflects the existing built form of the service station. Building materials are contemporary and will contribute towards enhancing the streetscape. Several noise mitigation measures are proposed throughout the site, which have been adopted from the recommendations of the acoustic report submitted with the application. See the detailed assessment at Clause 13.04-1 Noise and Air. Additional amenity conditions will be placed on any permit issued relating to amenity during construction, on-going amenity, smell and noise, car parking, rubbish removal, lighting, advertising signage and mechanical equipment.


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Planning Scheme reference Assessment Adequate traffic measures are proposed throughout the site, including safe pedestrian access paths, a car park design which allows safe and efficient vehicle movements throughout the site and onto Cranbourne-Frankston Road and avoids the use of any local streets. The dual lanes at the initial customer order device system have been provided to accommodate customers at peak times and alleviate queuing beyond the drive-through area.

Clause 52.29 Alteration to Access to a Road in a Road Zone

VicRoads have no objection to the proposal, subject to a condition being placed on any permit issued that restricts the luminance of advertising signage.


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Appendix 3: Referral comments

Type of referral Response External statutory

VicRoads No objection, subject to the following condition:

The luminance of the advertising within the pylon sign must be such that it does give a veiling luminance to the driver, of greater than 0.25 cd/m2m throughout the drivers approach to the advertising signs.

Internal Department Waste & Recycling Supported, subject to the following conditions:

Waste collection must be undertaken by a private contractor in accordance with the approved Waste Management Plan submitted under this permit, as amended from time to time.

The Body corporate/owners corporation is responsible for communicating all waste management requirements to the respective occupants and will advise and charge all unit owners for the costs involved with waste collection.

Council will not at any time provide any garbage, recycling, green or hard waste collection and the like, to this site and tenants will not be charged for this service from Council.

Bin storage areas must be suitably screened from public view and appropriately accessible by the waste contractor for collection.

Provision must be made on the land for the storage and collection of garbage and other solid waste. This area must be graded and drained and screened from public view to the satisfaction of the responsible authority.

Traffic Engineering Supported, subject to the following conditions:

Maximum patron numbers to be 96 at any one time.

The existing access from Monahans Rd must be left in/left out due to proximity of the existing signalised intersection at Monahan Rd/Cranbourne Frankston Rd

No Entry signs to be provided at the exit point of the drive-through facility

No Entry signs required at the exit point at Monahans Rd (left in/left out only)

Parking numbers required on the basis of the 96 patrons is (at the rate of 0.3 spaces/patron) is 28 spaces. On-site provided is 32 spaces which complies.

The location of Bins as per the plan is also considered ok.


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Type of referral Response Signs, pavement arrows and RRPMs to be in accordance with

Australian Standards

All pedestrian paths to be provided as shown on the plan for connectivity

Lighting to be in accordance with Australian Standards.

Drainage Engineering Supported, subject to the following conditions:

Stormwater must not be discharged from the site other than by means of an underground pipe drain discharged to the legal point of stormwater discharge to the satisfaction of the Responsible Authority.

Polluted stormwater must not be discharged beyond the boundaries of the lot from which it emanates, or into a watercourse or easement drain, but must be treated and/or absorbed on that lot to the satisfaction of the Responsible Authority.

Before the development starts, engineering plans must be submitted to and approved by the Responsible Authority. The plans must include the provision of a suitably sized gross pollutant trap (GPT) to the satisfaction of the Responsible Authority. The GPT must be located within the development site and will be become the responsibility of the land owner to maintain.

Appropriate sediment control measures must be undertaken during construction to the satisfaction of the Responsible Authority to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the stormwater drainage system.

Strategic Maintenance Supported. Existing crossover to be utilised.


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Appendix 4: Response to objections

Objection Comment 1. Inappropriateness

of the proposal in a General Residential Zone

The purpose of the General Residential Zone includes allowing a limited range of other non-residential uses to serve local community needs in appropriate locations. Given the existing non-residential use of a service station and car wash, this is considered to be an appropriate site. Any redevelopment of the site must carefully balance the local community benefit and the off-site amenity impacts. The site can physically accommodate the proposed convenience restaurant, with the building, drive-through area, car parking and associated landscaping comfortably sitting within the eastern portion of the site. This is further supported by the proposals compliance with Clause 22.02 Non-residential uses in Residential Areas Policy (see Appendix 2).

2. Traffic impacts A Traffic Impact Assessment Report (TIAR) was prepared by 4 September 2017 and submitted with the application which reviews the sites traffic generation levels of the proposal. This report concluded that the car park layout is compliant with the requirements of Clause 52.06 Car Parking of the Casey Planning Scheme and the relevant Australian Standards, that the surrounding road network has the capacity to accommodate the traffic generated by the proposed use and development, as well as access arrangements being a safe and efficient response with respect to the sites context. This report was referred to VicRoads as an external statutory authority, as well as Councils Traffic Department. Both VicRoads and Councils Traffic Engineers supported the proposal and required conditions to be placed on any permit as appropriate.

3. Amenity impacts associated with noise, smells and lighting

It is noted that the proposal seeks to redevelop an existing commercial site with existing amenity impacts relating to these commercial activities. This assessment will therefore consider whether the residential areas which adjoin the site will be unreasonably impacted by the following: Noise A Planning Noise Assessment was prepared by Marshall Day Acoustics. It identifies the nearest noise sensitive receivers will be dwellings on Monahans Road and Augusta Close, being opposite the site to the south. The report identifies noise sources from within the development may include vehicle movements, patron activity, delivery, mechanical services and customer ordering devices within the drive-through of the convenience restaurant. The report recommends an acoustic barrier be constructed along the northern boundary, a noise barrier to the north of the service station condenser and managerial controls associated with the delivery and


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Objection Comment waste collection times. This will bring the application into compliance with the requirements of EPA noise requirements SEPP N-1 and other relevant legislation associated with noise. Smells The proposed convenience restaurant will be required to install suitable exhaust systems to remove odours. Additionally, Councils Health Department will require a food safety permit to be obtained, which also deals specifically with exhaust systems. Conditions relating to amenity will also be placed on any permit issued. Lighting The plans submitted for assessment do not show any light sources which will cause any unreasonable impact upon adjoining or nearby sites. Light spillage will be managed via conditions on any permit issued.

4. Boundary fencing Objector concerns relate to the proposed 1.8 metre acoustic fence being lower than the existing 2.1-metre-high fence. Whilst the noise concerns will be alleviated by the installation of an acoustic fence, a reduced fence height may impact privacy and views to the development. It is therefore considered appropriate to increase the overall height of the proposed fence to 2.1 m. This is not considered unreasonable given the size of the proposed development.

5. Devaluation of surrounding properties

This is not a relevant planning consideration.

6. Loss of business as a result of this proposal being approved.

It is considered this ground of objection has been made primarily to maintain a direct commercial advantage for the objector and therefore Council officers reject this objection in accordance with Section 57(2A) of the Planning and Environment Act 1987. It is noted that is policy in Clause 22.01 Retail Policy, that the regulation of commercial competition between individual businesses and activity centres should only occur where there is a prospect of an overall adverse impact upon the extent and adequacy of facilities available to the local community. This is not the case with this proposal and as such commercial competition is not a relevant planning consideration in this instance.


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Appendix 5: Permit Conditions

Plans Required 1. Before the use and development starts, amended plans to the satisfaction of the Responsible

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

(a) Acoustic fence on the northern title boundary increased the overall height to 2.1 m. (b) A No Entry sign at the exit point of the drive-through facility. (c) A No Entry sign at the left-out only exit point to Monahans Road. (d) A sign reading Carls Junior - Staff Only sign at each of the ten (10) car spaces to the

rear (north) of the service station building.

Gross Pollutant Trap Engineering Plans 2. Before the development starts, engineering plans must be submitted to and approved by the

Responsible Authority. The plans must include the provision of a suitably sized gross pollutant trap (GPT) to the satisfaction of the Responsible Authority. The GPT must be located within the development site and will be become the responsibility of the land owner to maintain.

Removal of Existing Advertising Signs 3. Before the display of the signs begins, the existing advertising sign/s relating to the car wash

must be removed. Amended Landscape Plans

4. Before the development starts, a landscape plan to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The landscaping plan must be generally in accordance with the landscape concept plan dated 4 September 2017 prepared by Hansen (Ref. LCD001, Job No. 17.220/02), except that the plan must show:

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

removed. (b) The location of Tree Protection Fencing and the Tree Protection Zone in accordance

with Condition 8. (c) The driveway area to the drive-through to be constructed above grade, using root

sensitive construction techniques (where applicable in accordance with Australian Standards) and using permeable materials to the satisfaction of the Responsible Authority

All species selected must be to the satisfaction of the Responsible Authority. No additional tree planting is to be undertaken within any easement.


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Compliance with Approved Plans 5. Once the development has started it must be continued and completed to the satisfaction of

the Responsible Authority. 6. The layout of the site, design, location and use of the buildings and works permitted

(including advertising signs) must always be in accordance with the endorsed plans unless with the further written consent of the Responsible Authority.

7. Waste storage and collection must be carried out and managed in accordance with the

endorsed Waste Management Plan to the satisfaction of the Responsible Authority. Actions Before Development Commences

8. Before the development (including any ground works or demolition) starts, a tree protection

fence must be erected around the trees to be retained on site to define a "Tree Protection Zone". The fence must be constructed of specify star pickets and chain mesh or similar to the satisfaction of the Responsible Authority. The tree protection fence must remain in place until construction is completed. The ground surface of the Tree Protection Zone must be covered by a 100mm deep layer of mulch before the development starts and be watered regularly to the satisfaction of the Responsible Authority.

Actions Before Use Commences 9. Prior to the use commencing, all recommendation of the Acoustic Report prepared by

Marshall Day Acoustics, dated 11 August 2017 must be implemented to the satisfaction of the Responsible Authority.

Actions Before Use Commences

10. The convenience restaurant building must not be occupied and the use hereby permitted

must not commence until the following have been completed to the satisfaction of the Responsible Authority:

(a) All buildings and works and the conditions of this permit have been complied. (b) The car parking area and accessways have been:

(i) Constructed in accordance with the approved plans; (ii) The crossover to Monahans Road has been modified to the satisfaction of the

Responsible Authority; (iii) Drained in accordance with the requirements of the Responsible Authority; (iv) Line-marked to indicate each car parking space, loading bay and all access lanes,

with the direction of traffic along the accessways clearly identified; and (v) Signposted or otherwise marked to identify any disabled parking space, loading

bay area and any other restrictions to the car parking on the site. (c) Bicycle rails provided and associated signs erected in locations as shown on the

endorsed plans.


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Hours of Operation 11. The use authorised by this permit may operate 24 hours a day, seven days a week. Capacity Restrictions 12. No more than 96 seats may be made available at any one time to patrons within the

convenience restaurant without the prior written consent of the Responsible Authority. Amenity Conditions 13. Construction activities must be managed so that the amenity of the area is not detrimentally

affected, through the:

(a) Transport of materials, goods or commodities to or from the land. (b) Inappropriate storage of any works or construction materials. (c) Hours of construction activity. (d) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,

ash, dust, waste and storm water runoff, waste products, grit or oil. (e) Presence of vermin.

14. The use and development must be managed to the satisfaction of the Responsible Authority

so that the amenity of the area is not detrimentally affected, through the:

(a) Transport of materials, goods or commodities to or from the land. (b) Appearance of any building, works or materials. (c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,

ash, dust, waste water, waste products, grit or oil. (d) Presence of vermin

15. Noise levels emanating from the premises must not exceed those required to be met under

State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade), No. N-1 or its successor.

16. No external sound amplification equipment or loud speakers are to be used for the purpose of

announcement, broadcast, playing of music or similar purpose. Playing of music on site shall be limited to times that the premise is occupied.

17. All security alarms or similar devices installed on the land must be of a silent type in accordance

with any current standard published by Standards Australia International Limited and be connected to a security service.

18. Security lighting must be installed at the entrance to the buildings and within any car parking

area and along pedestrian thoroughfares to meet the applicable Australian Standards and to the satisfaction of the Responsible Authority.


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19. The car parking area must be lit when in use during hours of darkness and all lights must be designed, fitted with suitable baffles and located to prevent any adverse effect on adjoining land, to the satisfaction of the Responsible Authority.

20. The convenience restaurant must be provided with a filter system to eliminate cooking odours,

fumes and smoke to the satisfaction of the Responsible Authority. 21. No plant, equipment, services or architectural features other than those shown on the endorsed

plans are permitted above the roof level of the building/s without the written consent of the Responsible Authority.

22. All pipes, fixtures, fittings and vents servicing the building must be concealed in service ducts

or otherwise hidden from view to the satisfaction of the Responsible Authority. 23. All buildings and works must be maintained in good order and appearance, to the satisfaction

of the responsible authority. 24. Deliveries to and from the site (including waste collection) must only take place during the

daytime period during the following times:

(a) Monday Friday, 7.00am to 6.00pm; and (b) Saturday, 7.00am and 1.00pm

Waste Management Conditions 25. Waste collection must be undertaken by a private contractor in accordance with the approved

Waste Management Plan prepared by MGA dated 11 October 2017 approved under this permit, as amended from time to time.

26. The Body Corporate/Owners Corporation is responsible for communicating all waste

management requirements to the respective occupants and will advise and charge all property owners for the costs involved with waste collection.

27. Council will not at any time provide any garbage, recycling, green or hard waste collection and

the like, to this site and tenants will not be charged for this service from Council. 28. Bin storage areas must be suitably screened from public view and appropriately accessible by

the waste contractor for collection. 29. Provision must be made on the land for the storage and collection of garbage and other solid

waste. This area must be graded and drained and screened from public view to the satisfaction of the responsible authority.

Waste Water and Drainage

30. Stormwater must not be discharged from the site other than by means of an underground pipe

drain discharged to the legal point of stormwater discharge to the satisfaction of the Responsible Authority.

31. Polluted stormwater must not be discharged beyond the boundaries of the lot from which it

emanates, or into a watercourse or easement drain, but must be treated and/or absorbed on that lot to the satisfaction of the Responsible Authority.


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Documents

Final Agenda - Planning Committee Meeting - 13-02-2018 Committee Meeting 13 February 2018 Notice and Agenda of Meeting to be held in the Council Chamber, Magid Drive, Narre Warren