Minutes - Bass Coast Shire Council

Transcription

Minutes for Ordinary Meeting
Wednesday, 14 December 2011
Bass Coast Shire Council
Cowes Cultural Centre
91-97 Thompson Avenue, Cowes
5:00pm
1. These minutes are due to be confirmed on 15 February 2012
2. Any decision included in these minutes is subject to change
resulting from a rescission motion passed by Council.
Minutes of Ordinary Meeting - 14 December 2011
Bass Coast
Shire Council
TABLE OF CONTENTS
A
Present and Apologies ................................................................................................. 4
B
Community Question Time ........................................................................................ 5
B.1
B.2
C
Pauline Taylor, Cowes - The Avenue of Golden Cypress ..................................... 5
Maurice Schinkel, Cowes - Permit conditions for 119-135 Thompson
Avenue Cowes, Permit No. 090244 ....................................................................... 5
B.3
Margaret Hancock, Cowes - Deliveries at Woolworths ....................................... 5
B.4
Maurice Schinkel, Cowes - Ferry Exclusion Zone ................................................. 6
B.5
patricia Hunt, Cowes - Proposed Town Square ................................................... 6
B.6
Mike Foenander, Cowes - Olive Justice Place, 70 Chapel Street, Cowes. .......... 6
B.7
Anne Davey, Ventnor - Local history ..................................................................... 7
B.8
David Geering, Cowes - Isle of Wight Hotel ......................................................... 7
B.9
Mary Whelan - Southern Communities Planning Group Steering
Committee............................................................................................................... 7
B.10 Dan Drummond, Leongatha - PP110306 .............................................................. 7
B.11 Stephen Fullarton, Cowes - Planning application, Phillip Island Road,
Anderson.................................................................................................................. 8
B.12 Rob Scalzo, Sunderland Bay - Scenic Estate (Chinamans) Tourist Road,
Phillip Island............................................................................................................ 8
B.13 John Geddye - 18 The Esplanade, Cowes............................................................. 8
Confirmation of Minutes.............................................................................................. 9
D
C.1
Ordinary Meeting held on 16 November 2011 ..................................................... 9
C.2
Statutory Meeting held on 07 December 2011.................................................... 9
Petitions and Deputations ......................................................................................... 10
E
Reports Requiring Council Decision......................................................................... 12
E.1
E.2
E.3
E.4
E.5
E.6
E.7
E.8
E.9
E.10
E.11
E.12
E.13
E.14
021186a Isle Of Wight Hotel: Extension of Time Request ................................ 12
110283 - Develop land for a four storey building comprising ten
dwellings/holiday apartments and a commercial premises, waive car
parking, loading/unloading and bicycle facility requirements at 86-88
Thompson Ave, Cowes ......................................................................................... 21
110148 - Develop land for a four-storey building comprising ten
dwellings over basement carparking, reduce car parking requirements
and remove vegetation at 18 The Esplanade, Cowes ........................................ 42
110306 - Develop the land with a dwelling and ancillary works at (Lot
2 PS 120761) Phillip Island Road, San Remo ...................................................... 69
110218 - develop the land with a second dwelling and remove
vegetation at 22 (Lot 63 LP 32729) Bruce Street, Inverloch.............................. 85
DPO16 - Grantville-Glen Alvie Road, Grantville - Residential Land:
Development Plan Application .......................................................................... 110
DPO 21 - Proposed Development Plan for Oates Road, Wonthaggi.............. 123
DPO21 - Wonthaggi Growth Areas - Development Plan Application Wonthaggi Industrial Estate, Carneys Road, Wonthaggi ................................. 138
Petition; No McDonalds on Phillip Island ......................................................... 150
Land Acquisition - Justice Road and Settlement Road Cowes
Roundabout......................................................................................................... 153
Land Acquisition for Drainage Easements - Pine Avenue Churchill
Drive Estate Area Special Charge Scheme No 25 ............................................ 157
Proposed sale of 70 Chapel Street, Cowes - Project Update .......................... 163
Cowes Cultural Precinct Staged Development................................................. 167
Community Grants Policy Review ..................................................................... 172
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Bass Coast
Shire Council
F
E.15 Councillor Ward Discretionary Funds................................................................ 175
Notices of Motion..................................................................................................... 180
G
Committees and Delegates Reports ...................................................................... 182
H
G.1
Place Names Committee meeting ..................................................................... 182
G.2
Access and Inclusion Advisory Committee ........................................................ 184
G.3
Victorian Desalination Project Community Liaison Group.............................. 185
G.4
Bass Coast Shire Council Audit Committee ...................................................... 186
Performance Monitoring Reports........................................................................... 189
I
H.1
Contracts Awarded Report ................................................................................ 189
H.2
Planning Permits Decided Under Delegation - November 2011...................... 191
H.3
Planning Permit Approval Statistics .................................................................. 194
H.4
Building Statistics................................................................................................ 195
H.5
Finance Report.................................................................................................... 196
Watching Bass Coast ............................................................................................... 198
I.1
J
100626 - VCAT Mediation Determination P2384/2011 - St. Paul's
Discovery Centre (Boys Home), 54-61 Forrest Avenue, Newhaven................. 198
I.2
100480 - VCAT Determination P1940/2011 - Develop land for 32
dwellings and remove vegetation at 7-11 Lock Road, 37-43 Jansson
Road and 45 Jansson Road, Rhyll ...................................................................... 201
I.3
Bass Coast Cultural Centre Precinct update .................................................... 207
I.4
Municipal Fire Management Planning .............................................................. 211
I.5
Review of 2011 V8s and Moto GP events.......................................................... 215
I.6
Bass Coast Acquisitive Art Exhibition................................................................ 218
I.7
Bass Coast Aquatics update............................................................................... 221
I.8
Assembly of Councillors Report ......................................................................... 223
I.9
Councillor Expenditure Report August 2011 to October 2011........................ 225
Acknowledgements.................................................................................................. 227
K
J.1
Gallery attendance - Cr Phil Wright.................................................................. 227
J.2
National Servicemen's Association of Australia - Cr Veronica Dowman ........ 227
J.3
Passing of Don McRae - Cr John Duscher......................................................... 227
J.4
Passing of John 'Dabba' Taafe - Cr John Duscher ............................................ 227
J.5
Community Road Safety Groups - Cr John Duscher ........................................ 227
Urgent Business........................................................................................................ 228
L
K.1
Holiday let homes in Bass Coast. - Cr Peter Paul............................................. 228
K.2
Grossard Point Lodge - Cr Peter Paul................................................................ 228
Items Closed to the Public ...................................................................................... 230
L.1
Contractual Matter ............................................................................................ 230
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Bass Coast
Shire Council
Meeting commenced
The meeting commenced at 5.03pm
A
Present and Apologies
Councillors:
Cr Veronica Dowman (Chair), Leadbeater Ward
Cr Gareth Barlow, Anderson Ward
Cr Phil Wright, Churchill Ward
Cr John Duscher, Hovell Ward
Cr Jane Daly, McHaffie Ward
Cr Peter Paul, Thompson Ward
Cr Ross Smith, Townsend Ward
Officers:
Mr Allan Bawden, Chief Executive Officer
Mr Steve Piasente, Community and Economic Development
Director
Mr Danny Luna, Corporate Services Director
Ms Felicity Sist, Infrastructure Director
Ms Hannah Duncan-Jones, Planning & Environment Director
Ms Sarah Male, Governance Officer
Ms Eleanor McKay, Communications Coordinator
Apologies:
Nil
Prayer:
Cr Ross Smith read the prayer.
Acknowledgement:
Cr Jane Daly read the acknowledgement.
Statement:
Cr Gareth Barlow read the Councillor Statement.
Page 4
B
Community Question Time
B.1
Pauline Taylor, Cowes - The Avenue of Golden Cypress
Bass Coast
Shire Council
As a member of the Friends of the Golden Cypress Trees I was devastated
to see the total disregard for the trees by the works being undertaken by
Woolworths for their crossing.
I would like to ask a question regarding Council’s Planning Scheme and
conditions of the permit.
Ms Taylor added that it was her understanding that the permit issued for the
development of the supermarket required protection of the trees before the
development commenced. She reported that there has been severe, possibly fatal,
damage dome to the trees and questioned whether the developer could be issued
with a fine per damaged tree.
Ms Duncan-Jones responded that there are certainly provisions for Council to take
enforcement action. Council is currently investigating this issue and taking
appropriate action through the relevant processes.
Ms Duncan-Jones further responded that all discussions with the project manager, and
Woolworths, have been productive and helpful and they have maintained a healthy
relationship.
B.2
Maurice Schinkel, Cowes - Permit conditions for 119-135 Thompson
Avenue Cowes, Permit No. 090244
Does Council agree that the supermarket at 119-135 Thompson Avenue
Cowes should not have been opened until permit condition No. 28, that
“the permit operator must, at its own cost, design and construct to the
satisfaction of VicRoads, a signalised pedestrian crossing (including any device
or loop on the subject land which activates that crossing) in a location
approved by VicRoads between the northern and southern access points to the
development. The signalised pedestrian crossing must be in operation prior to
the commencement of the approved development”
is fulfilled?
Ms Duncan-Jones responded that Council had considered and approved an
amendment to the condition to enable the store to open whilst the final approvals
and designs for the crossing were being finalised. VicRoads have the responsibility to
ensure that the design solution is effective and safe. VicRoads have approved the
design and works are well underway for the completion of the project. I understand
that the lights should be installed next week with a temporary power supply in place
until the electricity supply can be provided permanently.
B.3
Margaret Hancock, Cowes - Deliveries at Woolworths
Why are delivery trucks allowed to park across the footpath when making
deliveries to the Woolworths building?
Ms Duncan-Jones responded that the permit articulates delivery requirements and
this will be raised with Woolworths.
Page 5
B.4
Bass Coast
Shire Council
Maurice Schinkel, Cowes - Ferry Exclusion Zone
What is the progress on the Council motion of 28 July 2010 to investigate
the appropriateness of establishing an exclusion zone between Erehwon
Point and Mussel Rocks, for the purpose of excluding vehicular/passenger
ferry terminal infrastructure in that zone?
Mr Bawden responded that there was no intention of Council to do any additional
work in the way of planning control or other zoning. He clarified that the motion was
intended simply to state a Council policy position to guide future decisions.
B.5
patricia Hunt, Cowes - Proposed Town Square
Will the community be given the chance to comment on the revised plans
for the proposed town square in view of the fact that plans have obviously
changed from those previously put on display (including big screen
television) and will Council agree that the community should be consulted
before such large expenditure, including $55,000.00 on bells?
Mr Bawden responded that there is no intention to conduct any further community
consultation on the plans for the project. Council adopted the concept plan on 17
November 2010 and further consultation was undertaken with the public Art
Reference Group, resulting in modifications to the plans. Council received a report at
the 16 November 2011 meeting outlining the changes to the plans.
Cr Barlow further responded that in relation to the art component the Public Art
Reference Group there was a tender put out and local artists chose not to respond.
The selected artist undertook consultation and came up with a concept. Cr Barlow
suggested that not everyone will like the artwork, however that is the nature of art.
B.6
Mike Foenander, Cowes - Olive Justice Place, 70 Chapel Street, Cowes.
I am writing to voice my disapproval with regards to the pending sale of
the abovementioned property.
1. It is my belief that car parking is of premium importance to our
community - this particular area is heavily utilised by Cowes
residents and the holidaying public which are growing in number
yearly - the construction of a town square is low priority compared
to the lack of car parking within the town boundaries. Even though
the new car park at the Woolworths complex is now operational it
still leaves the central area with inadequate parking spaces.
2. Another issue is that the shop owners in Thompson Avenue who’s
premises back on to the car park will have a very difficult operation
with egress and access to the rear car parking areas behind their
premises when the lane is fenced if sold.
3. Should the property be sold, where would the bus stop be relocated
to! Where would the taxi rank be relocated to! Will it be another
debacle like the “Exceloo Dilemma” [sic].
4. This property owned by the Bass Coast Shire but belongs to the
people they should be able to have their say as to whether we need
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Bass Coast
Shire Council
a “town square” or adequate car parking areas in central positions
[sic].
5. We would also like to know how much $$ss [sic] is in the car
parking fund and what is the planned use of it!
Mr Bawden responded that Council has resolved to sell the property and invest
the money in the redevelopment of the Cowes Cultural and Civic Precinct
project, which includes the Town Square. Council is also undertaking a review of
the transport services and community needs and will address accordingly. The
bus stop will be relocated in February 2012.
B.7
Anne Davey, Ventnor - Local history
As it is 150 years in 2018 since European settlement on Phillip Island, will
Council next year consider creating a Working Party/Committee to
commence planning the celebration of this significant event in our local
history?
Will Council consider a project in Cowes, such as occurred in Wonthaggi,
the Centennial Centre, to mark that town’s centennial celebrations?
Cr Dowman thanked Ms Davey for her suggestions and confirmed that Council would
certainly consider them.
B.8
David Geering, Cowes - Isle of Wight Hotel
Is Council aware that recently we have been in heavy discussions with a
joint venture with a construction agreement for commence [sic] in the
New Year?
Mr Geering added that with the fire and global financial crisis, resulting in the banks’
reluctance to fund the Hotel’s rebuild, they have been looking privately for a partner
to assist with funding. He confirmed that they have secured an offshore group to
partner them in the rebuild project.
B.9
Mary Whelan - Southern Communities Planning Group Steering Committee
We wish to thank Mayor Dowman for her involvement in arranging a
meeting with VicRoads, Council Officers and SCPG Steering Committee.
Will Council support the residents of the Southern Communities of Phillip
Island to convince VicRoads that temporary road safety strategies are
needed for the busy summer months and when major events are held on
Phillip Island?
Cr Dowman advised that Council was unsuccessful in getting a meeting before
Christmas but will continue to pursue and aims to secure a meeting date early in the
new year. Council will continue to work hard on behalf of your group.
B.10
Dan Drummond, Leongatha - PP110306
Why are there not sight poles on proposed development?
Mr Drummond clarified that he had been out to inspect the site and there were no
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Bass Coast
Shire Council
tall white poles to mark out the proposed development.
Ms Duncan-Jones confirmed that the site had been marked out with metal pickets but
would take the questioners suggestion as a positive improvement for future
developments.
B.11
Stephen Fullarton, Cowes - Planning application, Phillip Island Road,
Anderson
Is Council aware of the VCAT decision requiring the dwelling at Lot 1,
Phillip Island Road, Anderson, to be located at a minimum of 400 metres
from the southern boundary?
Mr Fullarton clarified that he was referring to a previous application for the piece of
land in question.
Ms Duncan-Jones responded that each application is assessed on its merits and
Council makes its decision based on these merits and Officer’s recommendation.
B.12
Rob Scalzo, Sunderland Bay - Scenic Estate (Chinamans) Tourist Road,
Phillip Island
Will Council declare this area to be environmentally at risk and severely
degraded by off-road vehicles, and undertake to prevent further damage to
flora and fauna on the site by preventing access to anyone except property
pwners who can obtain a gate key from Council Officers?
Mr Bawden responded that the land is predominantly privately owned with public
roads. Council have bought back approximately one third of the properties and the
rest will be difficult to obtain for various reasons.
Mr Bawden confirmed that Cr Wright has been raising the same issues over the past
couple of months and a report will be presented to Council next year with options
on how to better restrict access. Council is continuing to work with Victoria Police
to control the unlicensed and illegal motorbike riders.
Cr Daly encouraged anyone who witnessed illegal access and/or activity in the are to
call 000 and report to Victoria Police.
B.13
John Geddye - 18 The Esplanade, Cowes
Mr Geddye made a verbal objection to the proposed development at 18
The Esplanade, Cowes.
Ms Duncan-Jones responded that the report in tonight’s Council agenda clearly
articulates the process for assessing the application and the objectives have been met.
She confirmed that the proposed development was less than 14 metres in height and
that this type of application is exactly what Council wants to see. The Council Officer
has made an on balance assessment of the application and enhancements to the design
of the frontage have been addressed through the permit conditions.
Page 8
C
Confirmation of Minutes
C.1
Ordinary Meeting held on 16 November 2011
Bass Coast
Shire Council
Council Decision
Moved: Cr. Phil Wright / Seconded: Cr. Ross Smith
That the minutes of the Ordinary Meeting held on 16 November 2011 be
confirmed.
CARRIED
C.2
Statutory Meeting held on 07 December 2011
Council Decision
Moved: Cr. Gareth Barlow / Seconded: Cr. John Duscher
That the minutes of the Statutory Meeting held on 07 December 2011 be
confirmed.
CARRIED
Page 9
D
Bass Coast
Shire Council
Petitions and Deputations
Nil
Page 10
Bass Coast
Shire Council
Reports
Requiring
Council
Decision
Page 11
E
Reports Requiring Council Decision
E.1
021186a Isle Of Wight Hotel: Extension of Time Request
File No:
Department:
Council Plan Strategic Objective:
Bass Coast
Shire Council
CM11/1089
Planning and Environment
Cohesive Communities
We will improve lifestyle opportunities
and options by managing the built
environment and encouraging cohesive
communities.
Previous Items:
PR2/10 - 021186a (Isle of Wight Development) - Amendment of
what the permit allows for, the plans and the conditions of the
permit. - Council - 21 April 2010
Declaration
The author has no direct or indirect interests in relation to this report.
Introduction
A request has been made to extend planning permit 021186a for a further two year
period.
Planning Permit 021186 was issued 10 October 2005 (in conjunction with
Amendment C23) for the construction of a residential hotel (comprising 255 units,
function room, pre-function room, meeting rooms, bistro, restaurant, cocktail lounge
and swimming pool and tennis court, hotel (comprising public/sports bar, gaming
lounge, cafe/bistro, night club and bottle shop), dwellings, shops, gymnasium/health
club, ancillary offices, plant rooms and storage and services, car parking (including
reduction of the planning scheme car parking requirements) and the sale and
consumption of liquor on the land.
The existing building on the site was lost to fire in May 2010. The site was recently
put on the market for sale by expressions of interest. The expressions of interest
period closed on 6 October 2011 and it is unknown whether the property has been
sold.
This is the third extension of time request. The Permit was extended on in 2007
because there was said to be insufficient time to finalise plans and in 2009 because
there were insufficient lots sold and a requirement to redesign the development to
meet market demand.
Background
Planning permit application 021186 was issued on 10 October 2005.
The expiry condition at Condition 40 states:
“This permit will expire if one of the following circumstances applies:
The development is not started within two years of the date of this permit.
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Bass Coast
Shire Council
The development is not completed and the uses commenced within four years of the
date of this permit within five years of the date of starting.
The Responsible Authority may extend the periods referred to if a request is made in writing
before the permit expires or within three months afterwards.”
An extension of time was granted on 26 September 2007, a second Extension of Time
was granted on 26 June 2009.
The permit expired on 10 October 2011.
An amendment to the original permit was requested on 10 September 2009.
An amendment to the permit was granted for 021186a on 21 April 2010, and
amended plans endorsed.
The development has not commenced.
Notice
Pursuant to the Planning and Environment Act 1987, public notification is not required
for an extension to permit.
Officers Considerations
Pursuant to Section 69 of the Planning and Environment Act 1987, Council may approve
the extension to the expiry dates if a request is made in writing before a permit
expires.
The decision-making criteria guiding the exercise of discretion in considering an
application for an extension to a permit were established by the Supreme Court in
Kantor v Murrindindi Shire Council. This criterion is summarised as follows:
 Whether there has been a change of planning control or planning policy?
 The probability of a permit issuing should a fresh application be made?
 The total elapse of time since the permit first issued?
 Whether the land owner is seeking to ‘warehouse’ the permit?
 Any intervening circumstances of relevance?
 Whether the time limit originally imposed was adequate?
 Whether the economic issues imposed by the permit have reasonably
affected the progress of the project?
The following section of the report provides an assessment of the extension of time
request against the relevant criteria set out in Kantor:
1. Has there been a change of planning control or planning policy?
Do these changes suggest that the permit is no longer appropriate, or at least that the
permit, or its conditions, require consideration (through a new permit application) on
the basis of factors not considered at the time of application.
Planning Controls
There have been no changes to the planning scheme controls that apply to the subject
site. The planning controls are:
•
Mixed Use Zone; and
Page 13
•
Bass Coast
Shire Council
Design and Development Overlay - Schedule 3.
Planning Policy
State
There have been a number of changes to the State Planning Policy that may be
considered to introduce factors not considered at the time of application.
Clause 15.02 Sustainable development was introduced into the Bass Coast Planning
Scheme as part of VC71 in September 2009. In particular the new Clause 15.02-1
Energy and resource efficiency introduced the following objective:
To encourage land use and development that is consistent with the efficient use of energy
and the minimisation of greenhouse gas emissions.
Supported by the following strategies:
Ensure that buildings and subdivision design improves efficiency in energy use.
Promote consolidation of urban development and integration of land use and transport.
Improve efficiency in energy use through greater use of renewable energy.
Local
The significant change to the Local Planning policy was the review of the Municipal
Strategic Statement in 2008. The changes recommended by the review were
incorporated into the Bass Coast Planning Scheme through Amendment C85 which
was approved by the Minister for Planning in October 2009.
The changes to the Municipal Strategic Statement that might indicate that the permit,
or conditions within, is no longer appropriate are those parts of policy that set
objectives and strategies for Environmentally Sustainable Design.
Under Clause 21.04 Vision the sub-clause 21.04-2 Landscape and Built Form includes
a vision to have:
Development consistent with Environmental Sustainable Design principles.
This vision is maintained by the objectives and strategies of Clause 21.08-2 which
includes the following statement in the overview:
In areas where built form change will be more substantial, high quality and site responsive
design should add to the diversity of the built environment, enhance the sense of place
and incorporate the principles of Environmentally Sensitive Design.
Supported by the following objective:
To maximise energy saving, water conservation, and the principles of Environmentally
Sustainable Design.
Supported by the following strategies:
 Ensure development considers energy, water and natural resource efficiency in the
construction and operation; and
 Encouraging passive solar design, especially where there are views to the north or
south.
Comment
The principles of Environmentally Sustainable Design are important considerations for
Council in assessing a particular proposed development. It is reasonable to anticipate
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Bass Coast
Shire Council
that Council would encourage the inclusion of design elements that implement energy
efficiency, water conservation and sustainable design.
However, do the changes to the policy represent such a significant shift that a permit
would not issue? Do the policy changes suggest the use and development of the
building are no longer supported?
It is arguable that the greater emphasis on Environmentally Sustainable Design
contained within the planning scheme does not represent a fundamental shift in the
criteria used to assess if a permit should be granted for use and development.
In considering an application to extend time, Senior Member Byard in A Genser and
Associates (Aust) Pty Ltd v Yarra CC [2004] VCAT 2640 commented that:
“The position taken by the responsible authority before me is not that this building or
something very like it would not get a permit if applied for now…… but rather it is
suggested that there is now a need for "further requirements over such fine details of the
development as the layout of open spaces, the location of services, the management of
car parking etc. of the building".”
Whist it is acknowledged that some “fine details” may need to be addressed in a fresh
application, it is considered that there is nothing in the planning policy changes set out
above that would suggest that a permit would not issue should a fresh application be
made.
The permit holder may legitimately argue that the existing proposal incorporates
some of the design elements sought by the changes to policy objectives. For instance,
water harvesting is incorporated into the design, and shading devices incorporated
into the west and northern facades manage the heat load of the building.
In addition to this, Section J of the Building Code of Australia 2011 regulates energy
efficiency in the construction and design of buildings. The performance of the building
permitted through a building permit would achieve many of the objectives of the
Municipal Strategic Statement.
Conclusion
There are no changes to planning controls that would suggest the development is no
longer appropriate.
There are no fundamental changes to planning policy that would suggest that the
'building or something very like it' is no longer appropriate.
2. The probability of a permit issuing should a fresh application be made?
It is highly probable that if a fresh application was made that a permit would issue.
The recent changes to the State and Local planning policy concerning Environmental
Sustainable Design may result in a different design outcome, but these differences
would not be fundamental.
The design meets the provisions set out in Clause 21.10-5 Cowes and Silverleaves for
design and built form which states:
On the Landmark site — The Isle of Wight Hotel:
 Retain and protecting the existing Moreton Bay fig on the Isle of Wight site.
 Encourage the use of materials that complement and are sympathetic to the coastal
setting such as timber, stainless and galvanised steel and stone.
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Bass Coast
Shire Council
 Avoid obscuring glimpses of the sea that can be viewed from within the town.
 Maximise opportunities for a high level of activity at ground level including open shop
fronts, balconies and street vendors where appropriate.
 Limit vehicular access to the rear or side of the site — avoid vehicular crossovers on
The Esplanade.
 Ensure highly articulated facades to provide visual interest and to complement the
existing fine grain and varied character of Cowes built form.
 Incorporate glazing to maximise the opportunities for views between the building and
the outside.
 • Ensure that the development presents active frontages to The Esplanade and
Bass Avenue.
As recently as April 2010 the amended plans were assessed against these objectives
and an amendment to the permit was issued. It is not considered likely that any new
considerations would be raised by potential objectors were a fresh application to be
made (acknowledging that it is likely that objections would be made on considerations
previously put to Council during determination of the permit originally).
Conclusion
It is highly probable that if a fresh application was made that a permit would issue.
3. The total elapse of time.
The original permit was issued in October 2005. Since the issue of the original permit
Council has granted two extensions to the expiry date of the permit.
The development has not commenced. Whilst on the surface this would appear to be
a reasonable amount of time to commence development, the decisions of the
Victorian Civil and Administrative Tribunal direct Council to consider the
circumstances that have delayed the commencement of the development.
There are a number of reasons that may be considered including the complexity of
the project, the difficulty of raising investment capital, and the impact of the Global
Financial Crisis.
An amendment to the permit was approved in April 2010, and therefore it can be said
that the permit holder has made some attempt to progress development under the
permit as amended plans were prepared and approved. Therefore, Council is to
consider in particular whether there has been reasonable time for the development
to commence since planning permit 021186 was amended in April 2010.
It could be argued that the 18 months since the amended permit was issued is not
sufficient time to organise the all the requirements for the commencement of a
complex project. While on its face this appears to be an acceptable argument, no
substantive evidence of this fact has been provided. The application for the extension
comprises a two page letter. The Tribunal has recognised that for significant projects
it is reasonable to expect that:
“a developer, financiers and prospective tenants are not going to commit to so large and
expensive an investment without knowing the form of the proposed development and
without having reasonable assurance that it will be lawful to proceed in that way.” (See A
Genser and Associates (Aust) Pty Ltd v Yarra CC [2004] VCAT 2640).
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Bass Coast
Shire Council
It is therefore considered reasonable to anticipate that given the direction provided in
previous decisions this may be the position of Victorian Civil and Administrative
Tribunal with respect to this issue.
Conclusion
Given an amendment to the permit was granted in April 2010, it would be reasonable
to argue that 'intervening circumstances' have made the original time inadequate. The
time from the granting of an amendment to the permit to the expiry of the permit is
18 months. This is less than the two years usually granted to commence a project.
Given this timeframe and the size and significance of the approved development, it
would be reasonable to find that there has been insufficient time to commence the
project.
4. Whether the land owner is seeking to warehouse the permit?
The test here is whether the Applicant can demonstrate that there is intent to act on
the permit. In this case there is contradictory evidence which needs to be balanced.
In the case of A Genser and Associates (Aust) Pty Ltd v Yarra CC, Senior Member
Byard provides the following comments on warehousing:
‘I think it is clear that warehousing is not demonstrated by a mere passage of time, or the
passage of a considerable amount of time from the granting of a permit, without the
commencement of development. The passage of a lot of time, without anything
happening on site, is consistent with warehousing, and may be indicative of it, but the
mere passage of time is not sufficient itself.'
‘I take the term warehousing to apply to a situation where someone obtains a planning
permit, or perhaps a number of planning permits, but without intending to act on them,
or at least with no intention of acting on them in the foreseeable future. The existence of
a planning permit for a particular development can enhance the value of the land. The
existence of one or several or many permits might be obtained speculatively to try and
achieve such an enhancement. Evidence of a permit holder "sitting on his hands" and
doing nothing over a considerable time may be an indication of warehousing strategy.’
Is the Applicant for the Isle of Wight development 'sitting on his hands'?
The application to amend the permit in April 2010 and the subsequent submission of
drawings for endorsement suggest that the Applicant is progressing the permit.
It would appear the Applicant does not have sufficient resources to realise the project
and to this point has not attracted adequate capital investment in order to commence
development. These impediments may be considered personal circumstances
compounded by a soft investment environment.
In relation to the personal circumstances, the Tribunal in A Genser and Associates
(Aust) Pty Ltd v Yarra CC acknowledged that 'unexpected delays and diversions do occur
in the real world'.
However, in Marchesi v Stonnington CC [2009] VCAT 2755 (24 December 2009) the
Tribunal commented that:
“Personal circumstances should not, as a matter of principle, guide good decisions from a
planning policy perspective. Development of land, which occurs both in the private as well
as in the public domain, has to proceed on solid planning principles and outcomes.”
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It is reasonable however, to acknowledge that development relies on investment, and
there are economic circumstances in the market that could cause delays for the type
of development proposed for the Isle of Wight site given its size and project value.
Importantly though, the Tribunal in Marchesi directs decision makers to look at 'solid
planning principles and outcomes' to inform decisions.
The Tribunal has also considered whether applicants are seeking to benefit from
improved value of land by selling land with the benefit of an approval.
This being the case it is important to refer to the recent planning activities undertaken
by the Applicant.
The application for an amendment to the existing Planning Permit 021186 and
subsequent submission of drawings for endorsement in April 2010 would indicate that
the Applicant is still actively engaged, and continuing to invest resources in the
development.
5. Have there been any intervening circumstances of relevance?
The Isle of Wight hotel was destroyed by fire in May 2010, so the site is now a
cleared site available for development. The Applicant has another business in Cowes
and it is understood that the gaming machines had been relocated to that business
prior to the fire.
Additionally the property is currently listed for sale by the Applicant.
6. Whether the time limit for the use and development originally imposed
(and, as thereafter extended if applicable), was adequate in all the
circumstances?
Condition 40 of the permit provides for development to start within two years, and
development to be completed and the uses start within four years of the date of the
permit. It is considered that in all the circumstances, these time limits originally
proposed for commencement and completion of the development under Condition
40 of the permit are considered adequate and reasonable.
7. Whether the economic issues imposed by the permit reasonably
affected the progress of the project.
As discussed above, there may be clear economic issues involved which have
reasonably affected the progress of the project approved under the permit. The value
of the development is considerable – it could reasonably be said that the scale of
development does impose a significant economic burden.
In particular, the building was destroyed by fire in May 2010. The development relies
upon demolition of the existing fabric (now destroyed) and it is understood that
gaming machines have already been relocated. This would not, without further
information appear to be relevant to the financial burden imposed by the permit.
In Central Portland Hotel Pty Ltd v Glenelg SC [2006] VCAT 1205 (19 June 2006),
the Tribunal accepted that being in a position to commence a project involving
redevelopment of the site into serviced apartments with a project value of about $6
million, ‘takes some time’. In all there have been 6 years since the grant of the permit
and 18 months since the grant of the amended permit in which to obtain finance.
Extension of time requested
The Applicant has requested a two year extension of time to the expiry date.
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The letter requesting the extension is included here at Attachment 1.
Conclusion
When assessed against the criteria established by the Supreme Court in Kantor v
Murrindindi Shire Council, the current request appears to be reasonable.
In consideration of the relevant criteria and commentary set out in the various
Tribunal decisions, it is reasonable to conclude that:
 Any extension of time should be considered against the circumstances created
by the issue of an amended planning permit in April 2010;
 That since April 2010 the Applicant has not had the benefit of sufficient time
limit before the permit expires to commence the development on site;
 The application to amend the planning permit in April 2010, and subsequent
submission of drawings for endorsement demonstrate that the Applicant is
'not sitting on his hands' or warehousing the permit (though the proposed sale
of the land may suggest a different intention);
 The planning policy changes do not represent a material change that would
prevent the issue of a permit for the Isle of Wight or 'something very like it';
and
 The Tribunal has previously recognised that it can take a significant period of
time to obtain finance for large developments.
However given that this is the third extension of time request and the site is now
cleared for development it is considered appropriate to extend the time for a further
12 months to start and a similar extension to the finishing date. This provides an
opportunity for the Applicant to finalise the civil construction plans and commence
the construction of the development.
Recommendation
1. That Council resolves to extend the expiry date for Planning Permit
021186a.
2. That in doing so sets the following condition:
The permit will expire if one of the following circumstances occurs:
 The development is not started before 10 October 2012.
 The development is not completed by 10 October 2014.
Attachments
AT-1 Extension of Time request by Contour Consultants 3 Pages
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Council Decision
Moved: Cr. Jane Dore Daly / Seconded: Cr. Peter Paul
That Council resolves to refuse to extend the expiry date for Planning
Permit 021186a for the following reasons:

Sufficient evidence exists to conclude that the permit holder is seeking
to ‘warehouse’ the permit;

There are no circumstances of relevance which would indicate that
commencement of the project approved by the permit has been
progressed;

A further extension to the permit would not facilitate the fair, orderly
and economic and sustainable development of the subject land; and

The time limits originally proposed for commencement and completion
of the development under condition 40 of the Permit were entirely
adequate and reasonable.
CARRIED
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E.2
Bass Coast
Shire Council
110283 - Develop land for a four storey building comprising ten
dwellings/holiday apartments and a commercial premises, waive car
parking, loading/unloading and bicycle facility requirements at 86-88
Thompson Ave, Cowes
File No:
Department:
CM11/1061
communities.
Application Details
Use/Development Sought:
The Land:
Planning Scheme:
Zoning:
Overlays:
Locality Plan:
Develop land for a four storey building
comprising ten dwellings/holiday
apartments and a commercial
premises, waive car parking,
loading/unloading and bicycle facility
requirements
86-88 (Lot 3 LP 18112) Thompson
Avenue, Cowes
Bass Coast
Business 1 Zone
Design and Development Overlay Schedule 4
(refer attached)
Declaration
Proposed Development
The planning permit application proposes the development of a mixed-use
commercial and residential development. The development includes the construction
of a four-storey building abutting Thompson Avenue encompassing the entire site.
An open plan commercial premises measuring approximately 600 square metres in
floor area is proposed at ground level. It noted that the total floor area was not
detailed as part of the planning permit application. It is also noted that no detail was
provided as part of the planning permit application as to the proposed use so for
purposes of the assessment it will be treated as a proposed shop use.
A total of 8 two-bedroom apartments are proposed over the next two levels and 2
three-bedroom penthouses are proposed at the fourth level. It is noted that the
dwellings are described as holiday apartments which raises questions about the
intended use. The Planning Permit Applicant failed to clarify if these would be used as
privately or on a commercial accommodation type basis.
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Entry to the upper levels is via a centrally located alcove fronting Thompson Avenue
which provides access to stairs and a lift.
The building is box like in form with sheer expanses of concrete tilt-up panels along
the south and north elevations. Extensive glazing is proposed to the east (Thompson
Avenue) elevation for both the commercial premises and upper level apartments. It is
noted that no details of the external colours or finishes have been provided. It is also
noted that no details of any Environmentally Sustainable Design features have been
provided on the plans.
The maximum height of the building is proposed to measure 12 metres (to top of
parapet wall).
The setbacks of the upper level apartments are recessed 2.4 metres from the east
(Thompson Avenue) boundary, however the 1.2 metre high balcony wall provides a
0.0 metre setback. The upper level penthouses provide a setback of 8.5 metres with
the balcony setback 2.7 metres.
No vehicle access is proposed to the subject site and the existing vehicle crossover is
proposed to be removed.
No provision has been made for any on-site car parking spaces, loading/unloading bays
or bicycle facilities despite the fact that the proposed development triggers a
statutory requirement for approximately 68 car parking spaces, one loading bay, two
bicycle parking spaces in a bicycle locker or a bicycle rail in a lockable compound, one
bicycle parking space in bicycle rail and bicycle signage.
No provision has been made for any adequate landscaping. The only detail provided
by the Planning Permit Applicant is ‘landscaping shall be provided by means of low scale
vegetation located within feature pots on the balconies’.
Background
Subject Site
The subject site is located 86-88 Thompson Avenue, Cowes and is otherwise
particularly described as Lot 3 on Plan of Subdivision 018112.
The site is located on the west side of Thompson Avenue between Church Street to
the south and Chapel Street to the north. The site is rectangular in shape with a
frontage of 15.24 metres to Thompson Avenue, a maximum depth of 40.2 metres and
a site area of 611.04 square metres.
The site currently contains a single-storey dwelling setback approximately 10.4 metres
from the east (Thompson Avenue) boundary. The land is relatively flat, is clear of
significant vegetation and has a existing fencing except for along the north boundary.
Surrounds
The site is located in the coastal township of Cowes. Cowes is the largest settlement
on Phillip Island. It has two distinct roles as the main holiday town and as a
community/retail service centre.
The subject site is located on Thompson Avenue which forms the central spine of the
Cowes commercial precinct. The area of Thompson Avenue between The Esplanade
and Chapel Street is regarded as the primary commercial area - an area characterised
by fine grain built fabric where development of specialist retail, cafes and restaurants
occurs. The area between Chapel and Church Street is lightly developed, with
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predominantly commercial development to the north end of the street and
community development at the south end. Generally the buildings are single-storey
(with some double-storey) developments of varying qualities and architectural design.
To the south of the site are single-storey buildings used for retail purposes. The
adjoining land to the north, at 82-84 Thompson Avenue contains a recently
constructed development, a double-storey building which accommodates two shops
and two offices. This development has no provision for car parking, loading/unloading
or bicycle facilities. The planning permit application was refused by Council but that
decision was overturned by the Victorian Civil and Administrative Tribunal.
Further north is a Coles supermarket, which is located on the corner of Chapel
Street and Thompson Avenue. The supermarket has a boxy built form with large
blank rendered walls fronting Thompson Avenue. Adjoining the site to the west is the
Coles supermarket car park (accessed via Chapel Street).
Opposite the subject site, on the eastern side of Thompson Avenue are a number of
single-storey commercial premises, including a clothing shop, Chinese restaurant and
an Australia Post outlet. Further south is the Council Civic Precinct incorporating the
Phillip Island and District Historical Society and Museum, the Phillip Island Library and
Council Offices.
A number of recent planning approvals have been granted on the east side of
Thompson Avenue for both single-storey and double storey developments to be used
for a mix of commercial as well as residential purposes.
Thompson Avenue is the primary arterial road for Cowes that runs north-south. The
streetscape is dominated by the iconic and culturally significant Golden Cypress trees.
This avenue of trees is listed under the register of the National Trust of Australia and
classified as a matter of regional significance.
There are approximately 70 one-hour angled car parking spaces located along
Thompson Avenue within 100 metres of the subject site.
Reason a Council Decision is required.
Council are required to make a decision on the proposal as more than four (15)
submissions of objection were received in response to public notification.
Planning Permit History
There is no known planning permit history for the subject site.
Notice
Notice of the application was required as it was deemed that the proposal may cause
material detriment to person and property.
Notice of the application was required to be given pursuant to Section 52 of the
Planning and Environment Act, 1987 by:
 Forwarding a copy of the Notice by registered mail to 11 adjoining and nearby
land owners and occupiers;
 Placing a sign on the subject site fronting Thompson Avenue; and
 Publishing a Notice in two consecutive editions of the Phillip Island and San
Remo Advertiser.
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Submissions
In response to the public notification process a total of 15 submissions of objection
were received by Council. The grounds of objection are summarised as:
 The four-storey development will have a detrimental impact on the established
neighbourhood character and is and over-development of the subject site;
 The development is of poor architectural quality and urban design;
 The building has poor accessibility, light and ventilation;
 The proposal is inconsistent with the Design and Development Overlay,
Schedule 4 as well as the Phillip Island and San Remo Design Framework;
 The proposal has no detail regarding Environmentally Sustainable Design
features or environment protection measures to be implemented during
construction;
 No car parking has been provided for which will result in significant
detrimental traffic impacts;
 No bicycle parking has been provided for despite the Planning Permit
Applicant describing the development as ‘green’;
 Overlooking and overshadowing into adjoining properties;
 Noise from the Coles air conditioning and refrigeration plant could impact
upon residents which raises issues regarding indemnity;
 Economic impacts to other nearby businesses during and after construction;
 The lack of need for more commercial developments; and
 Inadequate plans and documentation.
Referrals
Statutory Referrals
The planning permit application did not require statutory referral pursuant to Section
55 of the Planning and Environment Act 1987 or Clause 66 of the Bass Coast Planning
Scheme.
It is noted that a Section 55 referral was given to VicRoads in case the proposal was
amended to include vehicle access from Thompson Avenue which is zoned Road
Zone – Category 1. The proposal was not amended therefore the referral must be
treated as a Section 52 giving of Notice.
Internal Referrals
Internal advice was sought from:
 Infrastructure and Property Management who requested additional
information, including a Traffic Impact Assessment. As the Planning Permit
Applicant was unwilling to provide this information, no consent from this
team has been received. It is noted that Infrastructure and Property
Management provided comment that if no car parking spaces are provided
then a fee should be paid to Council for each space required; and
 Building who provided comments but offered no objection to the proposal.
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Relevant Strategies
State Planning Policy Framework
The purpose of State Planning Policy Framework is to inform planning authorities of
those aspects of State planning policy which they are to take into account and give
effect to in planning and administering their respective areas. The following policy
statements are relevant to the application.
Clause 11 – Settlement
This Clause requires planning authorities to anticipate and respond to the needs of
existing and future communities through provision of zoned and serviced land for
housing, employment, recreation and open space, commercial and community facilities
and infrastructure. To achieve this, a number of settlement policies are discussed,
those of relevance to this application include:
Clause 11.01-2 deals with Activity centre planning and has the specific objective:
 To encourage the concentration of major retail residential, commercial,
administrative, entertainment and cultural development into activity centres
which provides a variety of land uses and are highly accessible to the
community.
Clause 11.05-5 deals with Coastal settlement.
Strategies include:
 Support a network of diverse coastal settlements which provide for a broad
range of housing types, economic opportunities and services.
 Encourage urban renewal and re-development opportunities within existing
settlements to reduce the demand for urban sprawl.
 Identify a clear settlement boundary around coastal settlements to ensure that
growth in coastal areas is planned and coastal values protected.
 Direct residential and other urban development and infrastructure within
defined settlement boundaries of existing settlements that are capable of
accommodating growth.
 Avoid linear sprawl along the coastal edge and ribbon development.
Clause 15 – Built Environment and Heritage
The aim of this Clause is for planning to ensure all new land use and development
appropriately responds to its landscape, valued built form and cultural context, and
protects places and sites with significant heritage, architectural, aesthetic, scientific
and cultural value. It recognises that creating quality built environment supports the
social, cultural, economic and environmental wellbeing of our communities, cities and
towns.
This Clause seeks to achieve high quality urban design and architecture that:
 Contributes positively to local urban character and sense of place.
 Reflects the particular characteristics, aspirations and cultural identity of the
community.
 Enhances liveability, diversity, amenity and safety of the public realm.
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 Promotes attractiveness of towns and cities with broader strategic contexts.
 Minimises detrimental impact on neighbouring properties.
Clause15.01-1 deals with Urban design wand has the specific objective:
 To create urban environments that are safe, functional and provide good
quality environments with a sense of place and cultural identity.
Strategies include:
 Promote good urban design to make the environment more liveable and
attractive.
 Ensure new development contributes to community and cultural life by
improving safety, diversity and choice, the quality of living and working
environments, accessibility and inclusiveness and environmental sustainability.
 Require development to respond to its context in terms or urban character,
cultural heritage, natural features, surrounding landscape and climate.
 Require development to include a site analysis and descriptive statement
explaining how the proposed development responds to the site and its
context.
Clause 15.01-2 deals with Urban design principles and has the specific objective:
 To achieve architectural and urban design outcomes that contribute positively
to local urban character and enhance the public realm while minimizing
detrimental impact on neighbouring properties.
Strategies to achieve this include applying a series of design principles to the proposed
development. The design principles to assess the application against include
consideration of its context, the public realm, safety, landmarks, views and vistas,
pedestrian spaces, heritage, consideration of sites and empty sites, light and shade,
energy and resources efficiency, architectural quality and landscape architecture.
Clause 15.02-1 deals with Energy and resource efficiency and has the specific
objective:
 To encourage land use and development that is consistent with the efficient
use of energy and the minimisation of greenhouse gas emissions.
Strategies include:
 Ensure that buildings and subdivision design improves efficiency in energy use.
 Promote consolidation of urban development and integration of land use and
transport.
 Improve efficiency in energy use through greater use of renewable energy.
 Support low energy forms of transport such as walking and cycling.
Clause 16 – Housing
This Clause identifies the need for housing diversity and the efficient provision of
supporting infrastructure. New housing should have access to services and be planned
for long term sustainability, including walkability to activity centres, public transport,
schools and open space. Planning for housing should include providing land for
affordable housing.
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Clause 16.01-4 deals with Housing diversity.
Strategies include:
 Encourage the development well-designed medium-density housing which:
o Respects the neighbourhood character;
o Improves housing choice;
o Makes better use of existing infrastructure; and
o Improves energy efficiency of housing.
Clause 16.01-5 deals with Affordable housing.
Strategies include:
 Increasing choice in housing type, tenure and coast to meet the needs of
households as they move through life cycle changes and to support diverse
communities.
 Promoting good housing and urban design to minimise negative environmental
impacts and keep down costs for residents and the wider community.
 Encouraging a significant proportion of new development, including
development at activity centres and strategic redevelopment sites to be
affordable for households on low to moderate incomes.
Clause 17 – Economic Development
Planning is to contribute to the economic well-being of communities and the State as
a whole by supporting and fostering economic growth and development by providing
land, facilitating decisions, and resolving land use conflicts, so that each district may
build on its strengths and achieve its economic potential.
Clause 17.01-1 deals with Business. It encourages development which meet the
communities’ needs for retail, entertainment, office and other commercial services
and provides net community benefit in relation to accessibility, efficient infrastructure
use and the aggregation and sustainability of commercial facilities.
Strategies include:
 Locate commercial facilities in existing or planned activity centres.
 Provide new convenience shopping facilities to provide for the needs of the
local population in new residential areas and within, or immediately adjacent
to, existing commercial centres.
Clause 18 – Transport
Clause 18.02-5 deals with Car parking and has the objective:
 To ensure an adequate supply of car parking that is appropriately designed and
located.
Strategies include:
 Allocate or require land to be set aside for car parking subject to the existing
and potential modes of access including public transport, the demand for offstreet car parking, road capacity and the potential for demand management of
car parking.
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 Encourage the efficient provision of car parking through the consolidation of
car parking facilities.
 Protect the amenity of residential precincts from the effects of road
congestion created by on-street parking.
Local Planning Policy Framework
The Local Planning Policy Framework is intended to identify long term directions
about land use and development in the municipality and provide the rationale for
zones, overlays and particular provisions in the scheme.
Clause 21.05-1- Settlement
This Clause identifies the distinctive settlement pattern of the Shire which is based on
a hierarchy of townships and villages. Cowes is identified as a District Town with
moderate spatial growth capacity and is encouraged to accommodate some growth
beyond existing zoned land and through infill development.
Objective 1
 To identify towns that are suitable for urban growth and to provide for
sufficient land in these towns for growth until 2030.
Objective 2
 To ensure that residential development and related urban uses are restricted
to existing or identified settlements.
Objective 5
 To enhance the sense of identity for each community.
Clause 21.06-1 Housing
This Clause aims to provide a diverse range of housing types and tenures to cater for
the municipality’s varied community including housing that can be adapted to cater for
people with disabilities and older persons. This Clause also encourages urban
consolidation within appropriate areas that have the physical infrastructure to support
an increase in population.
Objective 1
 To increase housing densities and the consolidation of urban areas in
appropriate locations and restrict increased housing densities and the
consolidation of urban areas in inappropriate locations.
Strategies include:
 Encourage increased housing densities within Wonthaggi, Cowes/Ventnor and
San Remo.
o In proximity to commercial centres, community facilities and services.
o In areas nominated in structure plans or Design Frameworks.
o Within 200 metres of a main commercial activity centre.
Objective 2
 To provide a diversity of housing types and lot sizes to meet the needs of all
residents and visitors to the municipality.
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Objective 3
 To provide more affordable housing options in the municipality.
Objective 4
 To ensure new residential development contributes to the new and upgraded
infrastructure.
Clause 21.06-2 – Commercial Land Uses
The role and function of commercial land uses is changing as populations and
visitation increases. Smaller commercial centres provide the day to day needs of the
local community as well as acting as a social gathering point.
Strategies include:
 To support the development of new and existing business within the
municipality.
 To have attractive, functional and viable business centres.
Clause 21.06-4 - Tourism
Clause 21.06-4 deals with Tourism noting that a range of eating establishments and
shops contribute to the visitor’s experience and to the economy providing local job
opportunities, investment, and facilities for residents. Thompson Avenue is recognised
as being one of the tourist precincts within Cowes.
Objective 1
 To encourage new tourist development is appropriate locations.
Objective 3
 To provide diversity in tourist attractions and eating establishments.
Objective 4
 To encourage sustainable year-round tourism.
Clause 21.08 – Landscape and Built Form
Clause 21.08-2 deals with Design and built form and identifies that:
 Where the built form character of an area is established and valued (and the
area has not been identified for substantial change), new development should
respect this character and add to the overall quality of the urban environment.
Objective 1
 To achieve a high standard of architecture and urban design for built form and
public spaces throughout the municipality.
Strategies include:
 Encourage high quality buildings and public spaces that are environmentally,
economically and socially sustainable.
 Design and site development to compliment the context in which it sits.
 Ensure the siting of buildings contributes positively to the public realm and
respects the character of the area.
Objective 2
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 To maximise energy saving, water conservation, and the principles of
Environmentally Sustainable Design.
This clause also lists specific implementation policies which require the development
proposals are assessed against the following criteria:
 All roof elements, including plant, lift over-runs, and other building services
should be absorbed within the overall built form, or included as part of the
overall roof design.
 Visible service areas (and other utility requirements) of a building should be
treated as an integral part of the overall design and fully screened from public
areas.
 All visible facades (including the rear and sides of buildings) should provide a
positive contribution to public areas and interact with the public realm.
 Long expanses of solid walls should be avoided.
 Buildings should incorporate design elements and a variety of materials that
create articulation and visual interest.
 Development along main traffic routes should incorporate design elements
that add visual interest to the front and rear of buildings.
 Commercial, public or large residential developments should incorporate
public art.
 The built form and materials used for development should reflect the coastal
setting and coastal architecture (where relevant).
Clause 21.10 Local Areas
The Local Areas policy is at Clause 21.10. Clause 21.10-5 deals specifically with
Cowes. The Cowes and Silverleaves Strategic Framework Plan and more particularly
the Thompson Avenue Precinct Plan establishes a clear direction for the future
physical form of Thompson Avenue. This plan defines a town boundary for residential
development, appropriate locations for open space and precincts for consolidated
commercial development.
The relevant local area implementation includes:
Settlement
 Limit land available for urban development to land contained within the
defined settlement boundaries.
 Reinforce the role of Cowes generally, and Thompson Avenue specifically, as
the major commercial centre for Phillip Island and provide for projected
growth for business uses in this area.
 Provide residents and visitors with convenient access to day to day goods and
services outside of the major commercial centre.
Land Uses
 Provide greater residential densities proximate to Cowes Activity Centre and
those locations within the defined township where greater densities can be
accommodated without impacting upon the established and valued character
of existing communities.
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 Encourage the concentration of major retail, commercial, administrative,
entertainment, and cultural developments into an extended Central Cowes
Activity Centre, which provides a variety of land uses which are highly
accessible to the community.
 Provide for the expansion of the Cowes Commercial Area south to
Settlement Road.
 Provide opportunities for the establishment of tourism-based use and
development in highly accessible locations adjacent to the coast.
 Encourage the following land uses along Thompson Avenue:
o Between Chapel Street and Church Street – community services, cafes,
office use and convenience retail.
Landscape and Built Form
 As identified on the structure plan map, encourage various forms and densities
of urban development to locate within, as appropriate:
o Preferred locations to increase the number and diversity of dwellings
(substantial change);
o Areas where some increase in the number and diversity of dwellings may
be acceptable, but where development must respect the character of the
area (incremental change); and
o Areas where minimal change to established built form and character is
anticipated (minimal change).
 Develop a high quality environment with a built form that is responsive to the
Cowes Coastal setting.
 Protect areas of distinct and highly valued urban character from development
that detracts from that character.
 Integrate housing, work, shopping, recreation, and community services in
Central Cowes, to provide a mix and level of activity that attracts people,
creates a safe environment, stimulates interaction, and provides a lively
community focus.
 Ensure that new development in Thompson Avenue does not impact on the
health the heritage listed Golden Cypress trees.
 Ensure that parking does not dominate street frontages.
 Design new buildings to reflect the intimate, small-scale character and
landscape surrounds of Cowes.
 Within Thompson Avenue – General policies:
o Encourage the redevelopment of buildings along Thompson Avenue from
The Esplanade to Settlement Road.
o Maximising street frontage opportunities by ensuring that corner site
developments actively address both streets.
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o Establishing a high level of interaction between indoors and outdoors by
encouraging commercial development such as cafes and convenience retail
at ground floor along Thompson Avenue.
o Encouraging active retail and entertainment uses at street level to create a
vibrant pedestrian environment.
o Ensuring that all commercial development is of a high standard and
complies with the Design Guidelines of ‘Phillip Island and San Remo Design
Framework’.
o Ensuring that new buildings along Thompson Avenue are designed to a
high architectural standard that maximise opportunities for active street
frontages.
 Within Thompson Avenue; between Chapel Street and Church Street:
o Maintaining streetscape character by positioning buildings with setbacks
reflecting existing buildings.
o Encouraging a landscape frontage to the street in keeping with the existing
building setting presented by the Anglican Church, civic centre and library.
Infrastructure
Movement Network and Car Parking
 Create an effective and efficient road network throughout the year, accounting
for seasonal changes in vehicle volumes and movements.
 Maximise the efficient use of all car parking provided within the Cowes
commercial area.
 Provide a high level of public access to car parking areas.
 Minimise adverse traffic movement within the Cowes commercial area in
relation to parking.
 Provide for improved pedestrian and cycle connectivity within and between
settlements.
Council Adopted Strategies
Phillip Island and San Remo Design Framework (The Framework)
The adopted Phillip Island and San Remo Design Framework (The Framework)
establishes a vision, strategies and guidelines that will help shape the structure,
function and appearance of Phillip Island and San Remo over the next 20 years and
assists in guiding relevant local planning policy. With reference to Cowes, The
Framework outlines the following relevant goals:
 Reinforce the role of Cowes as the major commercial and residential centre
on Phillip Island.
 Develop Thompson Avenue as an attractive, dynamic and robust main street
precinct.
 Develop a high quality urban environment with built form that is responsive to
Cowes coastal setting.
 Consolidate urban development within defined boundaries.
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 Encourage development that is environmentally sustainable.
The Cowes Foreshore Precinct Phillip Island – Urban Design Report (The
Urban Design Report)
The design framework for residential development includes:
 Avoid massive building forms that are out of scale with their surrounds.
 Consider all new residential developments in the context of nearby dwellings
and avoid unreasonable impact on neighbouring properties such as
overshadowing and noise.
 Limit development in residential areas to two stories or 7.0 metres in height.
 Design new houses to complement the existing coastal and landscape context
of Cowes.
 Provide landscaped setbacks that are consistent with those of surrounding
properties to present a unified appearance to the street.
 Avoid fences that are higher than 1.0 metre to maintain a sense of openness.
 Encourage substantial landscaping to the front of new residential developments
and use the surrounding context as a guide.
 Encourage articulated facades and avoid large expanse of blank walls.
 Incorporate off-street parking that does not dominate the front of the
building.
 Encourage thoughtful contemporary design and avoid the inauthentic
replication of heritage styles in the residential environment.
 Retain important established vegetation on site when designing new residential
development.
Bass Coast Shire Design and Siting Guidelines for Coastal and Hinterland
Areas (The Guidelines)
The Design and Siting Guidelines for Coastal Hinterlands Areas (The Guidelines) apply to
development of land along the coastline affected by a Design and Development
Overlay.
The Guidelines assist in achieving the most appropriate and suitable form of
development for a particular locality given:
 The physical and environmental characteristics of a site and adjacent area.
 The type and level of development in the proximity to the site.
 The objectives and guidelines for each area.
The Guidelines have been prepared on the premise that the prime consideration in
the design and siting of residential development in these areas is taking best advantage
of a range of coastal and/or rural views. These guidelines recognise this fact, and
attempt to encourage development that allows for the sharing of views from urban
areas, as well as minimising the impact of such development as seen from vantage
points, particularly the foreshore.
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The Guidelines also concentrate on the protection and enhancement of significant
landscapes, as seen primarily from vantage points, such as major tourist routes,
coastal walks, and the foreshore.
Planning Scheme Requirements
The following planning scheme controls apply to the subject site:
Zoning
 Business 1 Zone
Under the provisions of the Business 1 Zone a planning permit is required pursuant
to Clause 32.01-4 to construct a building or construct or carry out works.
An application must be accompanied by a neighbourhood and site description and a
design response as described in Clause 54.01. The Planning Permit Applicant did not
submit an adequate site description and design response.
Under the provision of the Business 1 Zone, a planning permit is not required for the
use of land for a shop or dwellings.
Overlays
 Design and Development Overlay, Schedule 4
Under the provisions of the Design and Development Overlay, Schedule 4 a planning
permit is required pursuant to Clause 43.02-2 to construct a building or construct or
carry out works.
An application to construct a building must be accompanied by a site analysis report,
incorporating an urban context report documenting how the development responds
to the particular Criteria for Design Assessment contained in the Cowes Foreshore
Precinct Phillip Island – Urban Design Report 2000 and 2003. The Planning Permit
Applicant did not submit an urban context report.
Buildings and works must be constructed in accordance with the following
requirements.
Thompson Avenue – between Chapel Street and Church Street
o Building height should not exceed two storeys (7.0 metres to the top of
the wall and 8.0 metres to the ridgeline) measured from natural ground
level.
The proposal extensively exceeds these guidelines.
Particular Provisions
 Clause 52.06 (Car Parking)
Under the provisions of Clause 52.06 (Car Parking) a planning permit is required
pursuant to Clause 52.06-1 to waive the number of car spaces required by the table
to Clause 52.06-5.
 Clause 52.07 (Loading and Unloading of Vehicles)
Under the provisions of Clause 52.07 (Loading and Unloading of Vehicles) a planning
permit is required pursuant to Clause 52.07 to waive the requirements loading and
unloading of vehicles.
 Clause 52.34 (Bicycle Facilities)
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Under the provisions of Clause 52.34 (Bicycle Facilities) a planning permit is required
pursuant to Clause 52.34-2 to waive the requirements for bicycle facilities.
 Clause 52.35 (Urban Context Report and Design Response for
Residential Development of Four or More Storeys)
Under the provisions of Clause 52.35 (Urban Context Report and Design Response
for Residential Development of Four or More Storeys) an application must be
accompanied by an urban context report and a design response. The Planning Permit
Applicant did not submit an adequate urban context report and design response.
Social Considerations
Considered as part of Officer’s Considerations.
Environmental Considerations
Officer’s Considerations
The planning permit application proposes the development of a four-storey mixedused retail and residential development. The following assessment will draw on
relevant provisions of the Bass Coast Planning Scheme as well as any other relevant
planning policy. The principal issues that require consideration are:
 Is the proposed use appropriate for the subject site when considered within the
context of the State and Local Planning Policy Framework and the Business 1
Zone?
 Is the built form appropriate when considered within the context of the Design
and Development Overlay, Schedule 4 and other relevant planning policies?
 Is car parking provision adequate?
 Is loading/unloading of vehicles provision adequate?
 Is bicycle facilities provision adequate?
 Is the quality of plans and documentation adequate?
Although the State and Local Planning Policy Frameworks and the Business 1 Zone
support the use of the land for commercial and residential purposes, the planning
permit application is otherwise significantly flawed on a number of fronts.
The principal concern is its inconsistency with various provisions in the Bass Coast
Planning Scheme relating to appropriate architectural and urban design outcomes and
the lack of any on-site car parking, particularly for the proposed residential use. The
proposal also offers poor amenity outcomes for occupiers of the residential
apartments.
The follow examines why the proposal does not offer acceptable planning outcomes.
The discussion also incorporates a response to key areas of concern identified by
objectors.
State and Local Planning Policy Frameworks and Business 1 Zone
The State Planning Policy Framework encourages a network of diverse coastal
settlements that provide for a range of housing types and the development of new
commercial uses within existing activity centres. When read in conjunction with the
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Local Planning Policy Framework, the outcomes to be achieved include increased
housing densities within appropriate locations and provision of a diverse range of
housing types/tenures to cater for the municipality’s varied community. Clause 21.105 specifically encourages the provision of greater residential densities within the
Cowes Activity Centre.
The Local Planning Policy Framework also seeks to foster local economies to provide
diverse and highly active commercial centres that cater for year-round services for
both increasing permanent residents and visitation rates. The Local Planning Policy
Framework supports tourism in Bass Coast Shire as it is a major contributor to the
local economy. A variety of shops are seen to contribute to the experience of the
visitor and in turn contribute to the local economy. Clause 21.06-2 specifically
encourages new businesses within the Shire that are diverse, attractive, functional and
viable. This is particularly encouraged within under utilised land zoned for business
purposes. The Local Areas policy at Clause 21.10-5 seeks to reinforce Cowes as the
major commercial and residential centre on Phillip Island. These policies specifically
encourage the concentration of commercial development within the existing retail
spine along Thompson Avenue. This in-turn will develop Thompson Avenue as an
attractive dynamic and robust main street precinct.
The planning controls identified above clearly indicate that land contained within the
Business 1 Zone should be used for a range of commercial uses. This intent is
reflected specifically in the purpose of the zone, which is ‘to encourage the intensive
development of business centres for retailing and other complementary commercial
uses’.
The proposal is consistent with these policies as it would expand the availability of
commercial floor space and offer diverse housing types within Thompson Avenue.
Providing a mixed land use is consistent with the policy directives contained with the
State and Local Planning Policy Frameworks and the purpose of the Business 1 Zone.
Despite the above, there is a broad spectrum of policy within the State and Local
Planning Policy Frameworks and the Business 1 Zone, along with other relevant
planning policies which the proposal fails to comply with.
Built Form
Although, in concept, the proposed commercial/residential land use is appropriate,
the planning permit application is otherwise fundamentally flawed. There are many
objectives and strategies in the State and Local Planning Policy Frameworks that send
a clear message that new development must be of high quality architecture and
design. It is clear from the Municipal Strategic Statement that this is especially true for
the Thompson Avenue precinct. These sentiments are clearly expressed in the
objectives and strategies found at Clause 15.01-1, 15.01-2, 21.08-2 and 21.10-2.
The clauses are advanced by the Design and Development Overlay, Schedule 4 which
seeks to ensure that new development is compatible and respectful to the character
of Thompson Avenue. The design objectives include:
 To ensure that development is compatible with traditional town scale and
development patterns within San Remo and Cowes.
 To encourage high quality development design.
 To ensure that development design enhances the coastal context, the fine grain
appearance and the variety of styles that now characterises Cowes and San Remo.
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 To protect views of the urban areas from the waters of Western Port.
 To encourage developments to be outwardly focussed so as to support safe and
active streets and public places.
Under the provisions of the Design and Development Overlay, Schedule 4, buildings
and works must be constructed in accordance with the following requirements:
Thompson Avenue – between Chapel Street and Church Street
 Building height should not exceed two-storeys (7.0 metres to the top of the wall
and 8.0 metres to the ridgeline) measured from natural ground level.
Building forms between Chapel Street and Church Street are mostly single-storey or
double-storey in height and site coverage is generally low to moderate. The pattern,
or ‘grain’ is a series of modest buildings of varying architectural styles comprising
commercial development at the northern end and community development closer
towards the southern end. New developments are starting to emerge, yet they
remain no greater than eight metres in overall height. The large Golden Cypress trees
are an essential element within the Thompson Avenue streetscape and with built
form being of a low scale, they remain subservient to this dominant tree line.
The proposed building reaches a maximum of 12 metres in overall height, a significant
departure from the existing conditions as well as the expectations outlined by the
Design and Development Overlay, Schedule 4. Such an excessive building height
makes it difficult to achieve a number of the design objectives such as ensuring that
development is compatible with the ‘traditional town scale and existing development
patterns’ and ensuring that development enhances the ‘coastal context and fine grain
appearance’. The proposed development would dominate the existing context of the
Thompson Avenue streetscape.
The proposed height also threatens to undermine the avenue of Golden Cypress
trees and its dominance seeks visual prominence over this valued landscape character.
The Design and Development Overlay, Schedule 4 also encourages high quality design
and architecture, as do the policy objectives contained in Clause 21.10-5 and the
Phillip Island and San Remo Design Framework. This is particularly important given
Thompson Avenue is the primary gateway through Cowes into the commercial
centre, thus becomes a focal area. The built form and visual expression is of poor
architectural quality. The urban design attributes are akin to a 1970s housing
commission cast-off represented by an excessive monotony of concrete, matched by
its excessive height and lack of any visual interest. The proposed built form is box-like
in structure, offering no articulation, particularly along the south and north elevations
which present as overbearingly long expanses of concrete panels. The height
differentiation of the development to other built form results in these walls remaining
exposed to the Thompson Avenue streetscape and the wider context.
With regard to the Thompson Avenue streetscape, the building offers no setback
until it is over 6.5 metres in height, and even then setbacks are at a minimum,
resulting in a visually dominating built form that dwarfs the pedestrian scale and
engulfs the streetscape. To allow a building of such poor architectural merit would
result in an urban outcome that is of the lowest common denominator.
The proposal is silent on how the design incorporates the principles of
Environmentally Sustainable Design and it is not apparent from the design drawings
how the proposal will integrate design features to maximise energy and water use
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efficiency. Clause 15 and Clause 21.08-2 stipulate that development should
incorporate principles of Environmentally Sustainable Design including energy
management together with water conservation and re-use. The proposal does not
respond to these provisions, nor does it offer an acceptable level of amenity for
future occupants. All apartments, except for Penthouse 1, have no access to northern
light or orientation. The living areas of Apartments 1 to 8 have limited access to
natural light (other than some apartments having a dingy light court) with virtually no
opportunity for any cross-ventilation.
Car Parking
Car parking is an important element to be considered in terms of whether the site is
suitable to cater for the proposed use. The purpose of the car parking provision at
Clause 52.06 is to promote the efficient use of car spaces and to ensure the provision
of an appropriate number of car parking spaces, having regard to the activities on the
land and the nature of the locality.
The table listed at Clause 52.06-5 stipulates a required car parking rate of eight car
parking spaces per 100 square metres of shop floor area. The clause requires a rate of
two car parking spaces per dwelling. This would equate to a requirement of
approximately 68 car parking spaces. It noted that the total floor area was not
detailed as part of the planning permit application so the car parking requirements for
the shop component are an estimate based on the site dimensions. As the proposal
offers no on-site parking, the Planning Permit Applicant seeks an entire waiver of car
parking requirements.
Before a requirement for car parking spaces is waived, the Planning Permit Applicant
must satisfy the Responsible Authority that the reduced provision is justified to:
 The availability of car parking in the locality.
 The availability of public transport in the locality.
 Any reduction in car parking demand due to the sharing of car spaces by
multiple uses, either because of variation of car parking demand over time or
because of efficiencies gained from the consolidation of shared car parking
spaces.
 Any car parking deficiency or surplus associated with the existing use of the
land.
 Local traffic management.
 Local amenity including pedestrian amenity.
 An empirical assessment of car parking demand.
The planning permit application has not provided any supplementary Traffic Impact
Assessment nor has attempted to satisfy Council that the waiving of car parking is
justified. The only commentary provided by the Planning Permit Applicant is they do
not propose ‘to allow for any car parks as they do not encourage more cars on the island’.
Although it may be justifiable to reduce or waive the car parking requirement for the
retail/commercial use, based on a similar approach adopted by Council and the
Victorian Civil and Administrative Tribunal for other commercial development in
Thompson Avenue, it is a very naïve approach to assume that residents/visitors to
Phillip Island staying in the apartments will arrive by bus or ferry.
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To not provide any on-site car parking for residents/visitors, is yet another
fundamental flaw in the planning permit application. Parking requirements for
residential premises are long term (at a minimum overnight) and parking within the
wider area is generally subject to time limits or does not offer appropriate safety
outcomes. Unless the Planning Permit Applicant can justify otherwise, the proposal
does not offer appropriate car parking options.
Loading and Unloading of Vehicles
As discussed previously the proposal does not offer a loading/unloading bay for the
commercial use of the land. Whilst this would be desirable it is acknowledged that the
Victorian Civil and Administrative Tribunal deemed that loading bay was not required
for commercial development on the adjoining land to the north.
Bicycle Facilities
As discussed previously the proposal does not offer the required two bicycle parking
spaces in a bicycle locker or a bicycle rail in a lockable compound, one bicycle parking
space in bicycle rail and bicycle signage. It is considered that development describing
itself as ‘green’ must at least attempt to meet this requirement.
Plans and Documentation
Another major concern is the lack of information that has been provided for this type
of planning permit application to assist in determining whether the proposal offers
acceptable outcomes.
The Planning Permit Applicant has been unwilling to supply supplementary information
such as a Traffic Impact Assessment along with other various items (including
standard requirements), requesting instead that Council make a decision on the
proposal based on the limited information provided.
Objector Concerns
The concerns raised by objectors have been addressed in detail throughout the
report. The concerns raised are supported, particularly in light of the issues regarding
appropriate urban design outcomes and the complete lack of car parking.
Conclusion
While in concept the use of the land for retail and residential use is appropriate
within the Business 1 Zone and this section of Thompson Avenue, the built form and
lack of any on-site car parking is not considered to respond to the relevant planning
policies contained in the Bass Coast Planning Scheme.
It is strongly recommended that the planning permit application be refused.
Recommendation
That in relation to planning permit application number 110283 for the
development of land for a four storey building comprising ten
dwellings/holiday apartments and a commercial premises, waive car parking,
loading/unloading and bicycle facility requirements at 86-88 (Lot 3 LP 18112)
Thompson Avenue, Cowes, Council resolves to issue a Notice of Refusal on
the following grounds:
1. The proposal is contrary to the objectives of Clause 15 (Built
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Environment and Heritage) as it fails to:
 contribute to creating quality built environments;
 achieve high quality urban design and architecture that
contributes positively to local urban character and a sense of
place; and
 promote attractiveness of the Cowes centre.
2. The proposal is contrary to the objectives of Clause 15.01-1 (Urban
design) and Clause 15.01-2 (Urban design principles) as it does not
respond to its context in terms of urban character or achieve
architectural and urban design outcomes that contribute positively to
local urban character and enhancement of the public realm.
3. The proposal is contrary to Council’s vision detailed at Clause 21.04-2 for
new developments to be designed and sited to complement the specific
context in which they sit.
4. The proposal is contrary to the objectives of Clause 21.08-2 (Design and
built form) as it fails to:
 Achieve a high standard of architecture and urban design for
built form and public spaces throughout the municipality; and
 Maximise energy saving, water conservation, and the principles
of Environmentally Sustainable Design.
5. The proposal is contrary to the objectives of Clause 21.10-5 (Local Areas:
Cowes). In particular, the proposal will not result in a high quality urban
environment with a built form that is responsive to the Cowes coastal
setting. The proposed design does not reflect the intimate, small scale
character and landscape surrounds of Cowes; and the proposal will not
result in a building in Thompson Avenue that is designed to a high
architectural standard that maximise opportunities for active street
frontages.
6. The proposal is contrary to Schedule 4 of the Design and Development
Overlay. In particular, the development is not constructed in accordance
with the Thompson Avenue (between Chapel Street and Church Street)
precinct which requires a development to not exceed two-storeys (8.0
metres to the ridgeline) measured from ground level.
7. The proposal is contrary to Schedule 4 of the Design and Development
Overlay. In particular, it does not offer a development that is compatible
with traditional town scale and development patterns within Cowes; and
the proposal does not offer a development that enhances the coastal
context and fine grain appearance of Cowes.
8. The proposal is contrary to the objectives of Clause 52.06 (Car Parking)
as no car parking provision has been made at all.
9. The proposal is contrary to the objectives of Clause 52.07 (Loading and
Unloading of Vehicles) as no loading/unloading bay provision has been
made at all.
10. The proposal is contrary to the objectives of Clause 52.34 (Bicycle
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Facilities) as no bicycle parking or signage has been made at all.
11. The proposal is contrary to the Phillip Island and San Remo Design
Framework.
12. The proposal is contrary to the objectives of the Cowes Foreshore
Precinct Phillip Island – Urban Design Report 2000 and 2003.
13. Bass Coast Shire Design and Siting Guidelines for Coastal and Hinterland
Areas.
14. The plans and documentation submitted as part of the planning permit
application are inadequate.
Attachments
AT-1 Locality Plan
2 Pages
AT-2 Application details and plans
23 Pages
AT-3 CONFIDENTIAL - Submissions 37 Pages
Council Decision
Moved: Cr. Jane Dore Daly / Seconded: Cr. Phil Wright
Cr Barlow left the meeting at 6.02pm
Cr Barlow returned to the meeting at 6.03pm
That the recommendation be adopted.
CARRIED
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E.3
Bass Coast
Shire Council
110148 - Develop land for a four-storey building comprising ten dwellings
over basement carparking, reduce car parking requirements and remove
vegetation at 18 The Esplanade, Cowes
File No:
Department:
CM11/1060
communities.
Application Details
The Land:
Planning Scheme:
Zoning:
Overlays:
Locality Plan:
Develop land for a four-storey building
comprising ten dwellings over
basement car parking, reduce car
parking requirements and remove
vegetation
18 (Lot 1 TP 516503J) The Esplanade,
Cowes
Bass Coast
Residential 1 Zone
Vegetation Protection Overlay,
Schedule 2
Design and Development Overlay,
Schedule 1
Design and Development Overlay,
Schedule 3
(refer attached)
Declaration
Summary
The planning permit application proposes the development of land for a four-storey
building comprising ten dwellings over basement car parking, a reduction in car
parking requirements and removal of vegetation.
A total of 12 submissions of objection were received in response to public notification
of the proposal.
The Planning Permit Applicant has lodged an Application for Review with the
Victorian Civil and Administrative Tribunal under Section 79 of the Planning and
Environment Act, 1987 for failure to determine the planning permit application within
the prescribed timeframe (60 days).
On this basis, Council is unable to make a ‘decision’ on the proposal. However,
Council must determine whether they support or oppose the proposal.
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Proposed Use & Development
The following description is based on plans prepared by Rothe Lowman Architects,
received 18 July 2011.
The planning permit application proposes the development of land for a four-storey
building comprising ten dwellings constructed over basement car parking, a reduction
in car parking requirements and removal of vegetation.
The ground floor and first floor each comprise four dwellings (three 2-bedroom and
one 3-bedroom on each floor). Private open space balconies measure from 8.5 to 14
square metres in area and are orientated either to the north, east or west. The
second floor and third floor each comprise one dwelling (3-bedroom) with a private
open space balcony measuring 33.5 square metres in area. The dwellings are accessed
via a communal lift and stairwell.
The basement comprises 15 car parking spaces, two resident bicycle parking spaces
(one visitor bicycle parking space is provided outside the basement) as well as storage
areas. It is proposed to reduce the statutory requirement of 20 car parking spaces by
five car parking spaces.
Vehicle access is proposed from The Esplanade via a new crossover to the east of the
existing crossover. Pedestrian access is proposed towards the western end of the site
providing access to a lobby/lift area.
At ground level and Level 1 the building is setback six metres from the north (The
Esplanade), a minimum of 3.46 metres from the east (Warley Avenue), a minimum of
1.75 metres from the west and 2.04 metres from the south. Levels 2 and 3 are
setback 9.49 metres from the north, 5.4 metres from the east, 6.5 metres from the
west and 6.4 metres from the south. The building height varies between 12.1 and 13.9
metres, graduating as the land slopes towards the north.
The development is contemporary in nature with an emphasis on vertical glazing,
particularly to the north and east elevations. White rendered panels are a feature of
the ground level as well as Level 1, with Zinc cladding (charcoal in colour) forming the
bulk of the building mass. Timber battens provide articulation to the built form,
particularly framing windows to the ground level and Level 1.
The removal of five small and insignificant exotic trees/shrubs existing on the site is
proposed to facilitate the construction of the development.
Background
Subject Site
The subject site is located at 18 The Esplanade, Cowes and is otherwise particularly
described as Lot 1 on Title Plan 516503J.
The site is located on the south-west corner of Warley Avenue and The Esplanade.
The site has a frontage to The Esplanade of 22.3 metres, a splayed frontage of 4.4
metres and an abuttal to Warley Avenue of 30.1 metres, with an overall site area of
approximately 750 square metres.
The site slopes from the rear (south) boundary to the front (north) boundary.
The site currently contains an existing single-storey dwelling located above a lower
level garage with several outbuildings located along the southern boundary and at the
south-west corner of the site.
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There are currently two existing crossovers providing vehicle access to the site (one
from each street abuttal).
Limited vegetation exists on the site and is mostly comprises exotic species in a
formal garden setting.
Surrounds
The site is located in the township of Cowes. Cowes is the largest settlement on
Phillip Island. It has two distinct roles as the main holiday/tourist town and as a
community and retail service centre. The subject site is located on The Esplanade and
has a direct interface with the Mixed Use Zone on the opposite side of Warley
Avenue. Directly north of the site is the coastal foreshore. On-street parking exists
outside the site in both The Esplanade and Warley Avenue.
To the east of the site, opposite Warley Avenue and contained within the Mixed Use
Zone is a multi-level mixed used commercial and residential development. Further
east is a six-storey mixed use development. Further south, on the east side of Warley
Avenue is a three-storey building comprising residential apartments constructed over
a car park.
Immediately south of the site in Warley Avenue is a three-storey residential
development with outlook towards the foreshore (north). Residential development
becomes more modest in scale further south along Warley Avenue.
West of the site along The Esplanade are contemporary multi-storey developments
comprising of either single dwellings or multiple dwellings. These buildings utilise a
palette of external materials and have a primary focus towards the foreshore.
Immediately west of the subject site is a detached double-storey dwelling. The
building is orientated to have views from windows predominantly to the north-west
and is well set back from its street frontage.
Development within the surrounding area is generally a mixture of commercial and
residential uses. Higher density residential development is more predominant in this
northern end of the Cowes township and includes some short-term tourist
accommodation developments to the far east along The Esplanade.
Council is required to determine its position in terms of support or opposition to the
proposal as more than four (12) submissions of objection were received in response
to public notification of the proposal. In addition, the estimated value of the proposed
development exceeds $3million ($3.2million).
Permit History
There is no known planning permit history for the subject site.
Notice
Notice of the application was required as it was deemed that the proposal may cause
material detriment to person and property.
Notice of the application was required to be given pursuant to Section 52 of the
Planning and Environment Act, 1987 by:
 Forwarding a copy of the Notice by registered mail to 82 adjoining and nearby
land owners and occupiers;
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 Placing two signs on the subject site fronting The Esplanade and Warley
Avenue; and
 Publishing a Notice in two consecutive editions of the Phillip Island & San
Remo Advertiser.
Submissions
In response to the public notification process, a total of 12 written submissions of
objection were received. The concerns are summarised as:
 The density of apartments, height which includes five levels (not four), site
coverage, minimal setbacks, proposed materials and lack of articulation results
in an overdevelopment that is inconsistent with the established character;
 The proposal is contrary to Schedule 3 of the Design and Development
Overlay;
 The proposal is contrary to Schedule 1 of the Design and Development
Overlay;
 The development will be detrimental to the visual amenity, views to and from
adjacent residential areas and landscape of the coastline by reducing
opportunities for landscaping and the planting of trees;
 The proximity of the basement and the depth of excavation will undermine
the existing Norfolk Island Pine on Warley Avenue and vegetation on adjacent
property to the south;
 The proposal only provides 15 car park spaces. This is insufficient and
inappropriate and will further exacerbate the existing parking problems in the
area, particularly during the holiday season;
 The proposal will cause unacceptable overshadowing; and
 The proposal will devalue properties.
Referrals
Statutory Referrals
The planning permit application did not require statutory referral pursuant to Section
55 of the Planning and Environment Act 1987 or by Clause 66 of the Bass Coast
Planning Scheme.
Internal Referrals
Internal advice was sought from:
 Infrastructure and Property Management who provided conditional consent to the
proposal.
 Building who provided comments but offered no objection to the proposal.
Relevant Strategies
The purpose of State Planning Policy is to inform planning authorities of those aspects
of State planning policy which they are to take into account and give effect to in
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planning and administering their respective areas. The following policy statements are
relevant to the proposal.
This clause requires planning authorities to anticipate and respond to the needs of
existing and future communities through provision of zoned and serviced land for
housing, employment, recreation and open space, commercial and community facilities
and infrastructure. To achieve this, a number of settlement policies are discussed,
those of relevance to this proposal include:
Clause 11.01-2 deals with Activity Centre Planning and has the objective:
 To encourage the concentration of major retail residential, commercial,
administrative, entertainment and cultural development into activity centres
which provides a variety of land uses and are highly accessible to the
community.
Clause 11.05-5 deals with Coastal settlement. The Strategies contained within this
Clause include:
 Support a network of diverse coastal settlements which provide for a broad
range of housing types, economic opportunities and services.
 Identify a clear settlement boundary around coastal settlements to ensure that
growth in coastal areas is planned and coastal values protected.
 Direct residential and other urban development and infrastructure within
defined settlement boundaries of existing settlements that are capable of
accommodating growth.
Because the proposal is not covered by Clause 55 of the Bass Coast Planning Scheme,
the design principles set out in this Clause are of prime consideration. The aim of this
clause is for planning to ensure all new land use and development appropriately
responds to its landscape, valued built form and cultural context, and protects places
and sites with significant heritage, architectural, aesthetic, scientific and cultural value.
It recognises that creating quality built environment supports the social, cultural,
economic and environmental wellbeing of our communities, cities and towns.
This clause seeks to achieve high quality urban design and architecture that:
 Contributes positively to local urban character and sense of place.
 Reflects the particular characteristics, aspirations and cultural identity of the
community.
 Enhances liveability, diversity, amenity and safety of the public realm.
 Promotes attractiveness of towns and cities with broader strategic contexts.
 Minimises detrimental impact on neighbouring properties.
Clause15.01-1 deals with Urban design and has the objective:
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 To create urban environments that are safe, functional and provide good
quality environments with a sense of place and cultural identity.
Strategies to achieve this include:
 Promote good urban design to make the environment more liveable and
attractive.
 Ensure new development contributes to community and cultural life by
improving safety, diversity and choice, the quality of living and working
environments, accessibility and inclusiveness and environmental sustainability.
 Require development to respond to its context in terms or urban character,
cultural heritage, natural features, surrounding landscape and climate.
 Require development to include a site analysis and descriptive statement
explaining how the proposed development responds to the site and its
context.
Similarly, Clause 15.01-2 deals with Urban design principles and has the objective:
 To achieve architectural and urban design outcomes that contribute positively
to local urban character and enhance the public realm while minimizing
detrimental impact on neighbouring properties.
Strategies to achieve this include applying a series of design principles to the proposed
development.
The design principles to assess the proposal against include: consideration of its
context, the public realm, safety, landmarks, views and vistas, pedestrian spaces,
heritage, consideration of sites and empty sites, light and shade, energy and resources
efficiency, architectural quality and landscape architecture.
Clause 15.02-1 deals with Energy and resource efficiency and has the objective:
 To encourage land use and development that is consistent with the efficient
use of energy and the minimisation of greenhouse gas emissions.
 Ensure that buildings and subdivision design improves efficiency in energy use.
 Promote consolidation of urban development and integration of land use and
transport.
 Improve efficiency in energy use through greater use of renewable energy.
 Support low energy forms of transport such as walking and cycling.
This Clause identifies the need for housing diversity and the efficient provision of
supporting infrastructure. New housing should have access to services and be planned
for long term sustainability, including walkability to activity centres, public transport,
schools and open space. Planning for housing should include providing land for
affordable housing.
Clause 16.01-4 deals with Housing diversity. The Strategies contained within this
Clause include:
 Encourage the development of well-designed medium-density housing which:
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Clause 16.01-5 deals with Affordable housing. The Strategies contained within this
Clause include:
 Increasing choice in housing type, tenure and coast to meet the needs of
households as they move through life cycle changes and to support diverse
communities.
 Promoting good housing and urban design to minimise negative environmental
impacts and keep down costs for residents and the wider community.
 Encouraging a significant proportion of new development, including
development at activity centres and strategic redevelopment sites to be
affordable for households on low to moderate incomes.
Clause 18.02-5 deals with Car parking and has the objective:
 To ensure an adequate supply of car parking that is appropriately designed and
located.
 Allocate or require land to be set aside for car parking subject to the existing
and potential modes of access including public transport, the demand for offstreet car parking, road capacity and the potential for demand management of
car parking.
 Encourage the efficient provision of car parking through the consolidation of
car parking facilities.
 Protect the amenity of residential precincts from the effects of road
congestion created by on-street parking.
Council Policy
The Local Planning Policy Framework is intended to identify long term directions
about land use and development in the municipality and provide the rationale for
zones, overlays and particular provisions in the scheme.
Municipal Strategic Statement
Clause 21.05-1 Settlement
This clause identifies the distinctive settlement pattern of the Shire which is based on
a hierarchy of townships and villages. Cowes is identified as a district town with
moderate spatial growth capacity and is encouraged to accommodate some growth
beyond existing zoned land and through infill development.
Objective 1
 To identify towns that are suitable for urban growth and to provide for
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Objective 2
 To ensure that residential development and related urban uses are restricted
to existing or identified settlements.
Objective 5
This clause aims to provide a diverse range of housing types and tenures to cater for
the municipality’s varied community including housing that can be adapted to cater for
people with disabilities and older persons. This clause also encourages urban
consolidation within appropriate areas that have the physical infrastructure to support
an increase in population.
Objective 1
 To increase housing densities and the consolidation of urban areas in
Strategies include:
 Encourage increased housing densities within Wonthaggi, Cowes/Ventnor and
San Remo.
Objective 2
 To provide a diversity of housing types and lot sizes to meet the needs of all
residents and visitors to the municipality.
Objective 3
Objective 4
 To ensure new residential development contributes to the new and upgraded
infrastructure.
Clause 21.06-4 Tourism
In relation to Tourism at it is noted that within Cowes the Municipal Strategic
Statement encourages a variety of tourist accommodation in the area zoned
Residential 1 and generally bounded by McKenzie Road, Church Street, Dunsmore
Road and the Foreshore, Cowes.
Objective 1
 To encourage new tourist development in appropriate locations.
Objective 2
 To provide diversity in tourist accommodation.
Clause 21.08-2 – Design and Built Form
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This clause identifies that where the built form character of an area is established and
valued (and the area has not been identified for substantial change), new development
should respect this character and add to the overall quality of the urban environment.
Objective 1
 To achieve a high standard of architecture and urban design for built form and
public spaces throughout the municipality.
Strategies include:
 Encourage high quality buildings and public spaces that are environmentally,
 Design and site development to compliment the context in which it sits.
 Ensure the siting of buildings contributes positively to the public realm and
respects the character of the area.
Objective 2
 To maximise energy saving, water conservation, and the principles of
Environmentally Sustainable Design.
This clause also lists specific implementation policies which require the development
proposals are assessed against the following criteria:
 All roof elements, including plant, lift over-runs, and other building services
should be absorbed within the overall built form, or included as part of the
overall roof design.
 Visible service areas (and other utility requirements) of a building should be
treated as an integral part of the overall design and fully screened from public
areas.
 All visible facades (including the rear and sides of buildings) should provide a
positive contribution to public areas and interact with the public realm.
 Long expanses of solid walls should be avoided.
 Buildings should incorporate design elements and a variety of materials that
create articulation and visual interest.
 Development along main traffic routes should incorporate design elements
that add visual interest to the front and rear of buildings.
 Commercial, public or large residential developments should incorporate
public art.
 The built form and materials used for development should reflect the coastal
setting and coastal architecture (where relevant).
Clause 21.10-5 deals specifically with Cowes. The Cowes and Silverleaves Strategic
Framework Plan and more particularly the Thompson Avenue Precinct Plan
establishes a clear direction for the future physical form of Thompson Avenue. This
Plan defines a town boundary for residential development, appropriate locations for
open space and precincts for consolidated commercial development.
The relevant local area implementation includes:
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Settlement
 Limit land available for urban development to land contained within the
defined settlement boundaries.
 Reinforce the role of Cowes generally, and Thompson Avenue specifically, as
the major commercial centre for Phillip Island and provide for projected
growth for business uses in this area.
 Provide residents and visitors with convenient access to day to day goods and
services outside of the major commercial centre.
Land Uses
 Provide greater residential densities proximate to Cowes Activity Centre and
those locations within the defined township where greater densities can be
accommodated without impacting upon the established and valued character
of existing communities.
 Encourage the concentration of major retail, commercial, administrative,
entertainment, and cultural developments into an extended Central Cowes
Activity Centre, which provides a variety of land uses which are highly
accessible to the community.
 Provide opportunities for the establishment of tourism-based use and
development in highly accessible locations adjacent to the coast.
 Identify the Esplanade between Warley Avenue and Osbourne Avenue as
having opportunities for increased residential density, provided that
development responds to all other urban design objectives.
Landscape and Built Form
 As identified on the structure plan map, encourage various forms and densities
of urban development to locate within, as appropriate:
o Preferred locations to increase the number and diversity of dwellings
(substantial change);
o Areas where some increase in the number and diversity of dwellings may
be acceptable, but where development must respect the character of the
area (incremental change); and
o Areas where minimal change to established built form and character is
anticipated (minimal change).
 Develop a high quality environment with a built form that is responsive to the
Cowes Coastal setting.
 Protect areas of distinct and highly valued urban character from development
that detracts from that character.
 Integrate housing, work, shopping, recreation, and community services in
Central Cowes, to provide a mix and level of activity that attracts people,
creates a safe environment, stimulates interaction, and provides a lively
community focus.
 Ensure that parking does not dominate street frontages.
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 Design new buildings to reflect the intimate, small-scale character and
landscape surrounds of Cowes.
 Within The Esplanade:
o Ensure that buildings actively address all facades that are visible from the
public realm, avoid blank walls facing side streets, roads, laneways, car
parks and pedestrian links.
o Encourage contemporary and high quality development design.
o Ensure building setbacks that are consistent with the existing character of
the street.
Infrastructure
Movement Network and Car Parking
 Create an effective and efficient road network throughout the year, accounting
for seasonal changes in vehicle volumes and movements.
 Maximise the efficient use of all car parking provided within the Cowes
commercial area.
 Provide a high level of public access to car parking areas.
 Minimise adverse traffic movement within the Cowes commercial area in
relation to parking.
 Provide for improved pedestrian and cycle connectivity within and between
settlements.
Clause 22.01 – Stormwater Management Policy
Council’s Municipal Strategic Statement identifies stormwater drainage as a concern in
urban areas where there is inadequate street drainage infrastructure. Consequently,
this inadequacy impacts on stormwater quality, which, in turn, affects coastal and
inland waterways and flora and fauna habitats. The need for upgraded drainage
networks and road infrastructure works is emphasised as a means to improve
stormwater quality and reduce sediment and nutrient loads to local waterways. The
incorporation of urban stormwater quality management into future urban
developments is also recommended. Objectives of this local policy include:
 To incorporate stormwater management considerations in the decisionmaking for the use and development of land.
 To maintain and enhance stormwater quality introduced to the drainage and
waterway environment of the Shire.
 To address priority stormwater threats facing the urban and non-urban areas
of the Shire as documented in the Bass Coast Stormwater Management Plan
(2003).
 To promote and improve the contribution the drainage system makes in
upholding and where possible improving the values of the waterways across
the Shire.
 To maintain stormwater flows and discharges at a maximum of the predevelopment flow level.
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 To maximise the effectiveness of stormwater infrastructure in protecting the
waters of Bass Coast Shire.
 To manage flooding and drainage so as to minimise risks to the community
and the environment.
Relevant adopted strategies and reference documents include:
Phillip Island and San Remo Design Framework (The Framework)
The adopted Phillip Island and San Remo Design Framework (The Framework)
establishes a vision, strategies and guidelines that will help shape the structure,
function and appearance of Phillip Island and San Remo over the next 20 years. With
reference to Cowes, The Framework outlines the following relevant goals:
 Reinforce the role of Cowes as the major commercial and residential centre
on Phillip Island.
 Develop a high quality urban environment with built form that is responsive to
Cowes coastal setting.
 Consolidate urban development within defined boundaries.
 Encourage development that is environmentally sustainable.
The Framework anticipates that there is adequate land available to accommodate
growth over the next ten years. Incorporating a level of urban consolidation is
required to ensure that the different coastal townships of Phillip Island remain
compact and retain their individual characters.
Relevant Actions Include:
 Identify areas between Osbourne Avenue, Steele Street, The Esplanade and
Chapel Street as having opportunities for increased residential density,
providing development meets all other design objectives.
The Cowes Foreshore Precinct Phillip Island – Urban Design Report (The
Urban Design Report)
The Cowes Foreshore Precinct is bound by the coastline, Chapel Street, Osbourne
Avenue and Steele Street. The Urban Design Report recognises, ‘a tourism focus and
higher density development is considered appropriate for the Cowes Foreshore
Precinct’. The goals include:
 To encourage development that will benefit the people of Cowes and provide
a safe, vibrant and attractive place in which people can live work and holiday.
 To cultivate an image of Cowes based on strong local themes such as ‘seaside’
and ‘holiday’.
 To develop a high quality urban environment, with built form that is
responsive to Cowes coastal setting.
 To encourage development that benefits people of all stages and abilities.
The design framework for residential development includes:
 Avoid massive building forms that are out of scale with their surrounds.
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 Consider all new residential developments in the context of nearby dwellings
and avoid unreasonable impact on neighbouring properties such as
overshadowing and noise.
 Limit development in residential areas to two stories or 7.0 metres in height.
 Design new houses to complement the existing coastal and landscape context
of Cowes.
 Provide landscaped setbacks that are consistent with those of surrounding
properties to present a unified appearance to the street.
 Avoid fences that are higher than 1.0 metre to maintain a sense of openness.
 Encourage substantial landscaping to the front of new residential developments
and use the surrounding context as a guide.
 Encourage articulated facades and avoid large expanse of blank walls.
 Incorporate off-street parking that does not dominate the front of the
building.
 Encourage thoughtful contemporary design and avoid the inauthentic
replication of heritage styles in the residential environment.
 Retain important established vegetation on site when designing new residential
development.
Bass Coast Shire Design and Siting Guidelines for Coastal and Hinterland
Areas (The Guidelines)
The Design and Siting Guidelines for Coastal Hinterlands Areas (The Guidelines)
apply to development of land along the coastline affected by a Design and
Development Overlay.
The Guidelines assist in achieving the most appropriate and suitable form of
development for a particular locality given:
 The physical and environmental characteristics of a site and adjacent area.
 The type and level of development in the proximity to the site.
 The objectives and guidelines for each area.
The Guidelines have been prepared on the premise that the prime consideration in
the design and siting of residential development in these areas is taking best advantage
of a range of coastal and/or rural views. These guidelines recognise this fact, and
attempt to encourage development that allows for the sharing of views from urban
areas, as well as minimising the impact of such development as seen from vantage
points, particularly the foreshore. The Guidelines also concentrate on the protection
and enhancement of significant landscapes, as seen primarily from vantage points, such
as major tourist routes, coastal walks, and the foreshore.
Zoning

Residential 1 Zone
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Permit Triggers
Under the provisions of the Residential 1 Zone (Clause 32.01-4) a planning permit is
required to construct two or more dwellings on a lot.
Overlays

Vegetation Protection Overlay, Schedule 2
Permit Triggers
Under the provisions of the Vegetation Protection Overlay, Schedule 2, a planning
permit is required to remove, destroy or lop any tree or shrub with a girth greater
than 30 centimetres (measured 30 centimetres above ground) or with a height of at
least 2.0 metres. This does not apply to ornamental shrubs, fruit trees or recognized
weed species.

Design and Development Overlay, Schedule 1
Permit Triggers
Under the provisions of the Design and Development Overlay (Clause 43.02-2) a
planning permit is required to construct a building or carry out works unless
specifically exempted by the Schedule to the Overlay. Under Schedule 1 a planning
permit is required as the works are greater than seven metres in overall height.
Design and Development Overlay, Schedule 3
Permit Triggers
Under the provisions of the Design and Development Overlay (Clause 43.02-2) a
planning permit is required to construct a building or carry out works unless
specifically exempted by the Schedule to the Overlay. Under Schedule 3 a planning
permit is required as exemptions are provided only for minor buildings and works.
Particular Provisions

Clause 52.06 (Car Parking)
Permit Triggers
Under the provisions of Clause 52.06 (Car Parking) a planning permit is required to
reduce the statutory car parking rate.

Clause 52.34 (Bicycle Parking)
Under the provisions of Clause 52.34 (Bicycle Parking) bicycle parking in residential
developments of four or more storeys should be provided at a rate of one bicycle
parking space per five dwellings for resident parking and one bicycle parking space for
ten dwellings for visitor parking. Therefore the statutory requirement for the
proposed development is three bicycle parking spaces. A total of three bicycle parking
spaces are proposed.
 Clause 52.35 (Urban Context Report and Design Response for
Residential Development of Four or More Storeys)
Under the provisions of Clause 52.35 (Urban Context Report and Design Response
for Residential Development of Four or More Storeys) an application must be
accompanied by an urban context report and a design response. The planning permit
application included an urban context report and a design response.
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The planning permit application proposes an extensive re-development of the site.
The principal issues that require consideration are:
 Is the proposal appropriate for the subject site when considered within the
context of the relevant planning policy for urban consolidation?
 Is the proposal appropriate for the subject site when considered within the
context of the relevant planning policy for built form, neighbourhood character,
landscape and views?
 Is the proposed provision of car parking spaces adequate?
 Is a Cultural Heritage Management Plan required?
 Is a Coastal Hazard Vulnerability Assessment required?
At a State level, the key policy influences relate to matters including development of
compact urban areas within coastal settlements, which are based around planned
activity centres to maximise access to facilities and services and improving the
availability of a diverse range of affordable accommodation that is respectful to
neighbourhood character.
The development site is located within an established residential area that has
undergone recent change and provides examples of high density residential living; is
very well served by existing services and infrastructure; and is opposite an activity
centre on the east side of Warley Avenue. The State Planning Policy Framework
encourages urban renewal and redevelopment opportunities within existing
It also directs residential developments to occur within existing coastal settlements in
areas that are capable of accommodating growth.
When considered from a broad policy perspective, the planning permit application is
seen to meet all applicable State Planning Policy Framework provisions.
When considering the strategic merits of the site in isolation, there is a strong level of
planning policy support for greater utilisation of the site for additional housing. The
Municipal Strategic Statement makes reference under Clause 21.05-1 to Cowes being
a District Town with moderate spatial growth capacity which is encouraged to
accommodate growth through infill development.
The Municipal Strategic Statement identifies areas within Bass Coast Shire best able to
accommodate infill development (identified in the Settlement Hierarchy contained at
Clause 21.05-1). Strategy 1.1 contained within Clause 21.06-1 Housing clearly
encourages increased housing densities within Cowes as it is identified as a town with
the appropriate infrastructure and services to support such development. The
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Municipal Strategic Statement encourages development to occur within proximity to
commercial centres, community facilities and services. The subject site is located
opposite the commercial core of Cowes.
The subject site is also located within the Cowes Foreshore Precinct and is included
within an area identified for ‘substantial change’ identified by Clause 21.10-5. The
Cowes Foreshore Precinct Phillip Island – Urban Design Report clearly encourages
higher density residential development for the site. As Council strategies envisage
higher density development for this area, there is the expectation that the area will
undergo a degree of change to the existing residential character.
This is somewhat tempered by policies contained within the Local Planning Policy
Framework which seek to ensure that development is designed to be respectful of the
unique character of Cowes and which encourages development to achieve
architectural and urban design outcomes that make a positive contribution. Although
the development may be considered to be somewhat of a departure from the existing
‘fine grain’ residential fabric, particularly further south along Warley Avenue, it is not
an unreasonable response to the site and surrounding context. There are a number of
recent higher density redevelopments within the foreshore precinct and the character
of the area is certainly in transition and changing. The proposed development is
considered to be in keeping with this emerging character, for reasons further
elaborated below, and is consistent with the strategic directions for the precinct.
Design and Development Overlay, Schedules 1 and 3
The primary cause for objection was the perceived lack of consistency with the design
objectives contained within Schedule 1 and 3 to the Design and Development
Overlay, the impact of the proposed development on the coastal setting, the inability
of the site to accommodate any sufficient landscaping as well as loss of views to and
from the site.
The Municipal Strategic Statement recognises that the coastal landscapes within Bass
Coast Shire are highly valued by the community for their visual, environmental and
cultural qualities. There are various clauses within the Local Planning Policy
Framework which seek to protect the coastal landscape views.
These policies are advanced by the Design and Development Overlay, Schedule 1 and
the Design and Development Overlay, Schedule 3 which seeks to protect views to
and from the coast to adjacent residential areas, to minimise the impact of
development along the coastline and enhance the amenity and landscape of coastal
areas. The Siting and Design Guidelines for Coastal Hinterland Areas also assist in
achieving the most appropriate and suitable form of development.
The subject site is covered by the Design and Development Overlay, Schedules 1 and
3. Schedule 1 to the Design and Development Overlay relates to ‘Residential Areas
Near the Coast’. The design objectives for this Schedule are:
 To protect views from the coast to adjacent residential areas.
 To protect views to the coast from adjacent residential areas.
 To minimise the impact of development along the coastline.
 To protect and enhance the visual amenity and landscape of the coastal area.
Schedule 3 relates to the ‘Cowes Foreshore Precinct’. The design objectives for this
Schedule are:
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 To recognise the major role of the Cowes Foreshore Precinct in the strategic
context of Bass Coast and Victorian tourism.
 To protect and enhance the seaside character of the Cowes Foreshore
Precinct.
 To ensure that development is compatible with traditional town scale and
development patterns.
 To ensure that development design enhances the coastal context, the fine
grain appearance and the variety of styles that now characterises Cowes.
 To encourage high quality development design.
 To protect views of the town from the waters of Western Port.
 To preserve the dominance of the landscape and tree canopy.
 To encourage developments to be outwardly focussed so as to support safe
and active streets and public places.
The Cowes Foreshore Precinct Phillip Island – Urban Design Report is a reference
document within the Municipal Strategic Statement and Schedule 3 to the Design and
Development Overlay.
It is recognised that, ‘Traditionally, the urban fabric of the Cowes Foreshore Precinct
could be described as being of ‘fine grain’ with an eclectic mix of building styles,
materials and types. Increasingly, properties are being re-developed into large blocks
of apartments, holiday accommodation, restaurants and retail buildings’. Urban
consolidation is encouraged within the Cowes Foreshore Precinct, and being so close
to amenities recognises the area suitable for supporting a higher concentration of
permanent and part time residents. The subject site is located within Precinct Area 2t.
The goals for the Precinct include:
 To develop The Esplanade, west of Warley Street, as an attractive and dynamic
residential area facing the foreshore.
 To upgrade the appearance of the streetscape.
 To encourage built form of high quality.
 To allow for increased residential densities.
A principle issue for this planning permit application relates to the adequacy of the
design response to the neighbourhood context and in particular its proximity to the
Cowes foreshore. The outcomes encouraged by the Design and Development
Overlay, Schedules 1 and 3 need to be balanced in terms of the broad objectives
sought for residential areas near the coast under Schedule 1; the higher density built
form within the immediate locality promoted by Schedule 3; and the design guidelines
contained within the Cowes Foreshore Precinct Phillip Island – Urban Design Report.
Schedule 3 to the Design and Development Overlay encourages building height to not
exceed four storeys, or 14 metres in overall height. This is encouraged to be achieved
with a maximum of two storeys from natural ground level at the street level, and
stepped back from the front of the building to four storeys mid-lot. Although the
development generally complies with this policy it has been raised in submissions of
objection that the setbacks are not exactly mid-lot. This policy is not a strict
mandatory requirement and should ultimately be used as a guideline. Consideration
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must be given to the overall integration of the development into the streetscape not
just compliance with one simple aspect of policy contained within the Bass Coast
Planning Scheme. It is considered that the proposal adequately responds to the policy
direction for setbacks to be mid-lot for levels above two storeys.
The building height reaches a maximum of 13.9 metres when viewed from the site’s
frontage. This height recesses to 12.1 metres when viewed from the rear south and
the altered ground level. When measured from what is the natural ground level, the
basement car park is elevated approximately 1.15 metres when viewed from north,
only to be fully contained within the natural ground level as it rises to the south.
Above the basement, two storeys are proposed with the upper Level 3 and Level 4
setback within the mid section of the site being 9.49 metres from the north, 5.4
metres from east, 6.5 metres from the west and 6.4 metres from the south.
Traditionally, the urban fabric of Cowes could be described as being of ‘fine grain’
with an eclectic mix of building styles, material styles and types. Increasingly,
properties within the Cowes Foreshore Precinct are being re-developed into large
blocks of apartments, with development appearing larger and more homogenous
within themselves than other parts of Cowes. Given this transition to the surrounding
urban context and having regard to the encouragement given to four-storey
developments (or 14 metres in overall height), the proposed development is
considered to provide an acceptable outcome. The proposed development offers an
appropriate transition between its interface to larger mixed-used development within
Precinct 3 to the east and other contemporary double-storey and three-storey
residential apartments to the west.
The setback of the development to The Esplanade is graduated between the
commercial and mixed use developments opposite Warley Avenue and the
predominant setback of residential development to the west. The development
proposes a graduated setback between 3.4 and 5.4 metres to Warley Avenue offering
a greater setback to the adjacent development to the south. This ensures the built
form is not imposing to the Warley Avenue streetscape and the adjacent residential
development. The upper two levels have been centralised within the building form to
reduce the impact of the overall height when viewed from the public realm and from
the adjoining properties.
The Cowes Foreshore Precinct Phillip Island – Urban Design Report and a number of
Design Objectives contained within Schedule 1 and 3 place an emphasis on the need
for new developments to remain subservient to the landscape qualities of the area
and in particular the vegetation along the foreshore. As noted in the Cowes
Foreshore Precinct Phillip Island – Urban Design Report, the large trees on the beach
front are an essential element to the urban character. Although the development
reaches a maximum height of 13.9 metres it will still appear to fall within the
dominant tree line along the foreshore. When viewed from The Esplanade the
building would not have a presence that would undermine or detract from the
vegetation ensuring this critical landscape character remains as the dominant
foreshore element. A number of existing Norfolk Island trees within Warley Avenue,
located further up the hill will retain their visual presence and form a back-drop as
well as frame the new development.
A landscape plan, prepared by John Patrick Landscape Architects identifies a
number of opportunities across the site to introduce a number of trees, particularly
along the Warley Avenue frontage to assist in nestling the development into its site
and the wider landscape context. The plan proposes five Allocasuarina verticillata –
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Drooping She-oak along the east boundary, another in the north-west corner and
another adjacent to the west boundary. These trees are complemented by Bursaria
spinosa – Sweet Bursaria which is another good screening plant, and a number of
native shrubs and ground covers. It is proposed to introduce 320 new plants on site,
which is a significant compared with the current conditions.
The development is of high architectural quality, utilising a palette of contemporary
and earthy materials designed to complement and enhance the foreshore setting. The
design is considered to offer a benchmark in design to the foreshore precinct. The
design is outwardly focused concentrating on activating both the Warley Avenue and
The Esplanade. The development visually addresses these street frontages through the
composition of extensive glazing, balconies and variation in building materials, such as
framing windows with timber battens and adjustable timber screens.
It is recommended that a condition be imposed should a planning permit be issued to
require some changes to the design detail to further enhance the visual integration of
the development into the streetscape. It is recommended that greater variation to the
design detail (materials, finishes and colour scheme) of the eastern and western
elevations (particularly the charcoal colour Zinc cladding) be required in order to
improve visual separation of each level of the building, address to the street frontage
and to soften views of the development. It is also recommended that greater variation
to the design detail of the northern elevation (particularly the vertical timber features)
be required in order to reduce the visual elongation of the development.
The design is seen to offer acceptable outcomes when considered against the
landscape objectives contained within the Municipal Strategic Statement and the
Design and Development Overlay – Schedules 1 and 3 in addition to the residential
development guidelines contained within the Cowes Foreshore Precinct Phillip Island
– Urban Design Report.
The development also offers a good level of amenity for future occupants. This is
achieved by good northern orientation and arrangement of living rooms and balconies
where possible. The development is orientated to provide an outlook towards the
coastline where possible. The development offers an identifiable pedestrian entry
with access to each apartment from both lifts and stairs.
The proposal will not generate any unreasonable overlooking in respect of private
open space and habitable room windows of adjoining properties to the south and
west. This is achieved through the difference in floor levels between the proposed
development and existing development to the south along with appropriate highlight
windows within the western elevation of apartments.
Car Parking
Car parking is an important element to be considered in terms of whether the site is
suitable to cater for the proposed use. The majority of objections received were
concerned about the lack of car parking available and the subsequent impact on the
wider street network. Whilst it is acknowledged that Cowes is a popular and busy
tourist destination particularly during peak holiday times it is considered that overall
the proposed provisions for car parking are adequate and reasonable.
The purpose of the car parking provisions at Clause 52.06 is to promote the efficient
use of car spaces and to ensure the provision of an appropriate number of car parking
spaces, having regard to the activities on the land and the nature of the locality.
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The relevant rates under this clause are set out in the car parking table to Clause
52.06-5 with each dwelling requiring two car parking spaces. The statutory car parking
rate is 20 spaces, accordingly the provision of 15 on-site car parking spaces results in
a shortfall of five car parking spaces.
Before a requirement for car spaces is reduced, the planning permit application must
satisfy the Responsible Authority that the reduced provision is justified to:
 The availability of car parking in the locality.
 The availability of public transport in the locality.
 Any reduction in car parking demand due to the sharing of car parking spaces by
multiple uses, either because of variation of car parking demand over time or
because of efficiencies gained from the consolidation of shared car parking
spaces.
 Any car parking deficiency or surplus associated with the existing land use.
 Local traffic management.
 Local amenity including pedestrian amenity.
 An empirical assessment of car parking demand.
It is generally accepted by Council and a number of Victorian Civil and Administrative
Tribunal decisions that the parking requirements specified under Clause 55.03-11
(ResCode) provide a better approximation of the actual parking demand associated
with residential dwellings than the rate specified in Clause 52.06-5.
The residents car parking requirement for the proposed development under Standard
B16 of Clause 55.03-11 is one car parking space for each 1-bedroom or 2-bedroom
dwelling and two car parking spaces for each 3(or more)-bedroom dwellings. Based
on this clause, the proposed development would have a requirement for 14 car
parking spaces. It is noted that Clause 55.03-11 also includes a visitor parking
provision of one car parking space for every five dwellings which would equate to a
requirement for two visitor car parking spaces. The development provides for one
visitor car parking space and would otherwise rely on the single on-street parking
space adjacent to the site frontage to accommodate the peak visitor parking demands.
A car parking assessment, prepared by Traffix Group submitted with the planning
permit application is supportive of the above approach. The car parking assessment
provides commentary on the parking layout and access arrangements based on the
requirements of Clause 56.06 of the Planning Scheme and the relevant Australian
Standard (AS2890.1-2004 ‘Parking Facilities, Part 1: Off Street Car Parking). It was
concluded that the dimensions of the proposed car parking spaces meet or exceed
the requirements of Clause 52.06-3 and AS2890.1:2004. Access was also checked by
the traffic engineers and it was concluded that vehicles will be able to safely
manoeuvre to and from each space, based on the 85th percentile design car
presented in AS2890.1-2004. It was also noted that the tandem parking spaces four to
seven & six and five & seven will each be allocated one of the 3-bedroom apartments.
The assessment is also satisfied with the ramp design and pedestrian sight lines, and
vehicle crossover (in terms of no net loss to on-street visitor parking).
Cultural Heritage Management Plan
The majority of the subject site is within an area of Aboriginal Cultural Heritage
sensitivity by virtue of the site being within 200 metres of the coastline. An aboriginal
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heritage review, prepared by Andrew Long and Associates identified that there are
no existing Aboriginal or archaeological constraints to development on the activity
area. The report also identified that on the basis of extensive disturbance associated
with the existing structures and associated features such as sheds, driveways and the
like there is evidence of disturbance associated with typical subdivision activities. This
is consistent with the broader area and on the balance of probabilities the current
activity area has likely undergone significant ground disturbance.
It was concluded that a mandatory Cultural Heritage Management Plan is not required
as it can be demonstrated that the activity area has undergone significant ground
disturbance.
In the event that an Aboriginal Heritage Site is identified during construction, the
report outlines a number of steps that must be applied.
Coastal Hazard Vulnerability Assessment
Clause 13.01-1 of the State Planning Policy Framework seeks to plan for and manage
the potential coastal impacts of climate change. This is reiterated at Clause 21.07-4 of
the Municipal Strategic Statement which seeks to discourage development in areas
that may be affected by climate change. A Strategy of this clause is:
 Determine the effects of sea level rise and storm surges and prepare and
implement strategies to address any potential issues.
In respect of coastal management issues and sea level rise as a result of climate change
it is noted that all sections of the site sit above the 5.0 metres Australian Height
Datum level. With regard to Ministerial Direction No. 13 and Red Dot 2009 Victorian
Civil and Administrative Tribunal decisions in the matters of Myers vs South Gippsland
Shire Council for development within one kilometre of the coastline it is considered
that a Coastal Hazard Vulnerability Assessment is not required.
Objector’s Concerns
It is considered that the primary concerns raised throughout submissions have been
largely addressed previously in this report. However, further discussion will be
provided for more specific aspects of the objections.
As discussed above, the Local Planning Policy Framework encourages higher density
development within the Cowes Foreshore Precinct with Schedule 3 to the Design and
Development Overlay setting a benchmark for development to be no greater than 14
metres in height. A submission received from the adjoining property to the south,
measured the building to be five-storeys in height (inclusive of the basement level)
resulting in a maximum height of 15.8 metres when measured from the level of the
footpath on The Esplanade. By definition of Clause 72 of the Planning Scheme a
basement must not protrude more than 1.2 metres from natural ground level. The
basement does not exceed more than 1.2 metres when measured from natural
ground level and does not constitute an ‘additional storey’.
The critical consideration which ought to be applied should relate to an assessment of
the actual impact of the proposed built form rather than a reliance on a simplistic
acceptance on whether the building is four-storey or five-storey or greater than 14
metres in height. For reasons outlined in detail above, it is considered that the
proposal achieves the objectives of the relative provisions outlined in the Local
Planning Policy Framework, Design and Development Overlay, Schedule 3 and the
Cowes Foreshore Precinct Phillip Island – Urban Design Report.
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With respect to the objectives of the Design and Development Overlay, Schedule 1 it
is considered that the proposal achieves an acceptable response to its context. In
terms of scale, height and bulk, this development will sit comfortably between the
existing large developments in this part of The Esplanade (to the east) and is not a
significant departure from the more prominent residential apartments constructed
further west. The proposal also exhibits a significantly higher degree of articulation
and modulation in its form than its counterparts further west.
There is concern by objectors, particularly from the adjacent development to the
south, that the proposed development will block a significant proportion of existing
views currently enjoyed. There is no doubt that the adjacent development to the
south enjoys a panoramic aspect to the ocean over the subject land. These views
would diminish if the re-development of the site were to occur. The following
guidelines are commonly used when considering the principle of ‘views’:
 There is no legal right to view;
 Views form part of the existing amenity of a dwelling and their loss is a relevant
consideration to take into account;
 The availability of views must be considered in the light of what constitutes a
reasonable sharing of those views; and
 Added emphasis will be placed on considerations above if the question of views
is specifically addressed under the Planning Scheme.
The Bass Coast Planning Scheme envisages development up to 14 metres in height for
the Cowes Foreshore Precinct together with higher residential densities. To design a
development that needed to retain all existing view-lines would potentially result in a
development that did not realise the full potential which is being called for.
Another issue raised relates to amenity impacts resulting from overshadowing. The
shadow diagrams prepared demonstrated that, at the September Equinox, the
shadows cast by the proposed development will not cause unreasonable impact on
the adjoining residential developments to the south and west. It is also noted that the
lower level of the adjoining development to the south appears to be under croft car
parking.
The issue of managing tree impacts can be addressed via a Tree Protection and
Management Plan. It is recommended that a condition be imposed should a planning
permit be issued to require a Tree Protection and Management Plan.
The issue of ‘devaluing’ properties is not a relevant planning consideration and is
therefore not being assessed.
Conclusion
The proposed development provides an appropriate response to relevant policies
contained within the Bass Coast Planning Scheme.
The proposal adequately responds to the existing and emerging characteristics of the
Cowes Foreshore Precinct. The subject site is at an interface with the Cowes activity
centre and is identified as being suitable for higher density residential development.
The proposal achieves higher density and high quality built form which is encouraged.
The traffic and parking implications of the proposal offer acceptable outcomes as does
the internal and external (off-site) amenity outcomes.
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It is considered that the planning permit application warrants approval for the reasons
discussed in this report.
Recommendation
That in relation to planning permit application no. 110148 for the
development of land for a four-storey building comprising ten dwellings
constructed over basement car parking, a reduction in car parking
requirements and removal of vegetation at 18 (Lot 1 TP 516503J) The
Esplanade, Cowes, if Council were able to make a decision that it would
resolve to issue a Notice of Decision to Grant a Planning Permit in
accordance with the endorsed plans and subject to the following
conditions.
1. Before the development starts, amended plans to the satisfaction of
the Responsible Authority must be submitted to and approved by the
Responsible Authority. The plans must be drawn to scale with
dimensions and three colour copies must be provided (one copy must
be A3 size). The plans must be generally in accordance with the plans
submitted but modified to show:
a) Greater variation to the design detail (materials, finishes and
colour scheme) of the eastern and western elevations
(particularly the charcoal colour Zinc cladding) in order to
improve visual separation of each level of the building as well as
address to the street frontage.
b) Greater variation to the design detail of the northern elevation
(particularly the vertical timber features) in order to reduce the
visual elongation of the development.
c) Notations for all Environmentally Sustainable Design features.
d) Notations for allocation of car parking spaces to dwellings.
e) A notation that all pipes, fixtures, fittings, roofing elements and
vents will be concealed in service ducts or otherwise hidden
from view to the satisfaction of the Responsible Authority.
2. Before the works commence, detailed Civil Construction Plans must
be prepared to the satisfaction of the Responsible Authority for
endorsement by the Responsible Authority. All construction plans
submitted for approval must be consistent with this permit and must
conform with the requirements of all relevant servicing and road
authorities, and in particular water, sewerage, drainage, telephone
power, VicRoads and Council. The plans must be drawn to scale with
dimensions and three copies must be provided. The plans must show:
(a)
Drainage of the subject land including:
i. Compliance with the Best Practice Environmental
Management Guidelines for Urban Stormwater and Bass
Coast Shire Stormwater Management Plan (2003). Any
quality treatment proposed in accordance with these
Guidelines;
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ii. A drainage retardation system on the subject land serving
each lot allowing an unrestricted flow path for 1 in 100 year
extreme event storm flows. The drainage retardation system
must discharge to the existing underground system and be
maintained to the satisfaction of the Responsible Authority;
and
iii.Consideration of any buildings and works and landscaping in
relation to any detrimental impacts to underground drainage
pipes located on any existing or proposed drainage or
sewerage easement.
(b)
Vehicle and pedestrian access and car Parking including:
i. Concrete driveways in accordance with Council’s Standard
Drawings:
ii. A concrete footpath along both street frontages of the land.
iii.Car parking areas and access ways to be designed,
constructed and sealed with an all-weather seal pavement to
the satisfaction of the Responsible Authority; and
iv. Car parking spaces and access aisles designed in accordance
with the Australian Standard for off-street car parking AS
2890.1-2004.
The Civil Construction Plan, once endorsed, will form part of the
permit. All works constructed or carried out must generally be in
accordance with the approved Civil Construction Plan. Once
endorsed, the Civil Construction Plan must not be altered except with
the written consent of the Responsible Authority.
3. Before the development works commence, a Construction
Management Plan (CMP) to the satisfaction of the Responsible
Authority must be submitted to and approved by the Responsible
Authority. When approved, the CMP will be endorsed and will then
form part of the permit. The plan must address, but not be limited to
addressing the following:
a) Procedures to protect adjacent land uses during the construction of
the development, including pedestrians and users of community
facilities adjacent to the subject site;
b) All vehicle movements involved in construction works for the
development hereby approved. The entrance must be constructed
with a temporary seal pavement or better to the satisfaction of the
Responsible Authority and maintained to ensure that no sediment
or debris spills over into the Council land.
c) Location of a truck wheel-wash which must be installed and used so
vehicles leaving the site do not deposit mud or other materials on
the roadways;
d) The CMP must provide construction hours in accordance with EPA
Guidelines. All deliveries, unloading and collection of materials
associated with the construction phase of the development must
occur within the hours of construction work, unless further
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permission is given in writing by the Responsible Authority.
e) A plan for the management of construction vehicles during peak
daily times and key events, must be submitted to the Responsible
Authority for approval;
f) Management of all building and construction waste, including any
measures to recycle materials generated during construction;
g) A liaison officer for contact by residents and the Responsible
Authority in the event of relevant queries or problems
experienced;
h) A tree protection zone around the existing Norfolk Island Tree
located in front of the subject site in Walpole Avenue must be
installed to protect the trunk and roots of the tree;
i) A monitoring and reporting system to demonstrate compliance
with the following:
 EPA Guidelines for Major Construction Sites and
Techniques for Sediment Pollution Control and other
provisions of the approved EMP;
 Best Practice Environmental Management Guidelines for
Urban Stormwater;
 Environmental Guidelines for Urban Stormwater (EPA
Publication No. 480, December 1995; and
 Construction Techniques for Sediment Pollution Control
(EPA Publication No.275, May 1991).
j) All redundant infrastructure associated with the development is
removed and the area reinstated to the satisfaction of the
Responsible Authority.
Once endorsed, the CMP will form part of the permit. All
construction works must be undertaken in accordance with the
approved CMP. All care must be taken to minimise the effect of
construction activity on the amenity of the surrounding
neighbourhood. Once endorsed the CMP must not be altered
except with the written consent of the Responsible Authority.
4. Before the works commence, a Tree Protection and Management
Plan must be prepared by a qualified arborist and submitted to and
approved by the Responsible Authority. When approved, the plan will
be endorsed and will then form part of the permit. The Tree
Protection and Management Plan must be prepared in accordance
with AS 4970-2009 (Protection of trees on development sites). The
plan must provide protection measures for trees to be retained on
adjacent sites that are within 5.0 metres of common boundaries.
Protection measures must include permanent protection measures
during and post construction. The plan must also detail proposed
pruning works to existing trees on adjoining properties if necessary.
Any works must be carried out by a qualified arborist in accordance
with the recommendations of the plan.
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5. The development as shown on the endorsed plans shall not be
amended, altered or modified (whether or not in order to comply with
any statute, statutory rule or, or for any other reason) without the
further approval (in writing) of the Responsible Authority.
6. Vehicle and pedestrian access and drainage to serve the subject land
must be located, constructed and maintained to the satisfaction of the
Responsible Authority including a concrete driveway cross-over in
accordance with the Council’s Standard Drawings.
7. All car parking spaces must be designed to allow all vehicles to exit the
subject land in a forwards direction.
8. No buildings or works shall be constructed on any existing (including
implied sewer, drainage, telephone, power and water easement) or
proposed easement without the further approval in writing of the
Responsible Authority and/or the relevant service provider.
9. The colours used for the external surfaces of development hereby
approved must be of muted tones and the materials must be nonreflective to the satisfaction of the Responsible Authority.
10. The development hereby approved must not be occupied until:
a) The landscaping shown in the endorsed plans has been completed
to the satisfaction of the Responsible Authority. The landscaping as
shown on the endorsed plans must be planted, established and
thereafter maintained to the satisfaction of the Responsible
Authority;
b) All redundant infrastructure associated with the development is
removed and the area reinstated to the satisfaction of the
Responsible Authority; and
c) All works required by the conditions of this permit have been
completed to the satisfaction of the Responsible Authority.
11. The development must be managed during construction 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, litter, dust, waste water, waste products,
grit or oil; and
d) presence of vermin or animals.
12. No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter,
chemicals, sediments, gross pollutants, animal waste or domestic
waste shall be washed into allowed to enter, or discharged to the
stormwater drainage system, receiving waters or surrounding land and
road reserves, during the construction works hereby approved to the
satisfaction of the Responsible Authority.
13. This permit will expire if one of the following circumstances applies:
a) the development is not started within two years of the date of
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this permit; or
b) the development is not completed within four years of the date
of this permit.
The Responsible Authority may extend the periods referred to if a
request is made in writing before the permit expires or within three
months afterwards.
Note:
A Road Occupation Permit shall be required for any works undertaken in the
road adjoining the subject land (subject to this permit). This includes works
associated with driveway construction or service connections for drainage,
power, telephone, water and sewerage or easement and drainage works.
Attachments
AT-1 Locality Plan
2 Pages
AT-2 Application details & Plans
94 Pages
Council Decision
Moved: Cr. Phil Wright / Seconded: Cr. Gareth Barlow
LOST
Suspension of Standing Orders
Moved: Cr. Gareth Barlow / Seconded: Cr. Ross Smith
That standing orders be suspended to allow development of grounds for
refusal.
CARRIED
Cr Barlow left the meeting at 6.27pm
Resumption of Standing Orders
Moved: Cr. John Duscher / Seconded: Cr. Peter Paul
That standing orders be resumed.
CARRIED
Moved: Cr. Peter Paul / Seconded: Cr. John Duscher
That Council delegate the authority to develop grounds for refusal to
Council Officers to take to VCAT on Council’s behalf.
CARRIED
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E.4
Bass Coast
Shire Council
110306 - Develop the land with a dwelling and ancillary works at (Lot 2 PS
120761) Phillip Island Road, San Remo
File No:
Department:
CM11/1086
communities.
Application Details
The Land:
Planning Scheme:
Zoning:
Overlays:
Locality Plan:
Develop the land with a dwelling and
ancillary works
(Lot 2 PS 120761) Phillip Island Road,
San Remo
Bass Coast
Farming Zone
Significant Landscape Overlay Schedule 1
(refer attached)
Declaration
The author has no direct or indirect interest in this issue.
Proposed Development
The application seeks approval to develop the land with a dwelling. The dwelling is
proposed to comprise the following features:
 Maximum building height of 4.6 metres
 Single storey
 Six bedrooms
 Seven bathrooms
 Three study/sewing rooms
 Open plan kitchen/meals/living area
 Formal dining room
 Cellar
 Rumpus Room
 Three-car garage
 Enclosed courtyard
 Outdoor decking and terraced area.
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The dwelling is to be approximately 750 square metres of living area and garage and
an additional outdoor decking area of 180 square metres. The dwelling is proposed to
enclose the courtyard of approximately 214 square metres, on three sides with a low
feature wall fully enclosing the courtyard to provide secure private open space.
The dwelling is to be sited a minimum of 202 metres from the southern boundary of
the subject site which is shared with the foreshore reserve, and 101 metres from the
western boundary.
The dwelling is proposed to be sited immediately below a small ridge line cut into the
site at the approximately relative level of 40.5 metres with a finished floor level of
41.0 metres. It is also proposed to locate the soil removed by the site cut into sloping
mounds around the site cut and create an ‘amphitheatre’ to locate the dwelling. The
dwelling is to have a maximum height of 4.6 metres with a corresponding finished
roof level of 45.7 metres. The level of the ridge top behind the dwelling will be visible
beyond the dwelling at 52.0 metres.
The dwelling is low-line, and square with rectangular features. The façade of the
dwelling is to be multi-faceted with parapet walls extending over verandahs on several
sides. The dwelling proposes a low pitched roof hidden from view behind the parapet
walls. External cladding includes rendered brick; small sections of rendered cement
sheet; and timbercrete block work.
The area immediately around the dwelling and on the mounded soil is to be fully
landscaped and a small terraced orchard is to be located to the east of the proposed
dwelling. Plant species and the landscaping project have been specifically chosen and
designed to be successful in the harsh conditions along the coast.
Background
Site
The subject site is located at Phillip Island Road, San Remo and is otherwise
particularly described as Lot 2 on Plan of Subdivision 120761. The lot has a generally
rectangular shape with a frontage of 412.32 metres to a road reserve at the northern
boundary of the site. Access to the site is provided via an informal gravelled turning
area immediately south-east of the Anderson roundabout to the north-east corner of
the subject site.
The site is 43.02 hectares in size and extends from Phillip Island Road to the
foreshore reserve near Sandy Waterhole Beach. This beach is accessed by the public
by walking along the George Bass Coastal Walk.
The site has an undulating topography and is fully cleared and grazed with re-planted
native vegetation occurring along the gully line in the centre of the site.
The proposed house site enjoys panoramic views across the foreshore reserve and
beyond to Bass Strait.
Surrounds
Properties located to the east and west are located within the Farming Zone and are
similar in size. To the south is the foreshore reserve located within the Public
Conservation and Resource Zone which provides a buffer to Bass Strait
(approximately 400 metres from the proposed house site).
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The dwelling to west of the subject site is located approximately 450 metres from the
walking track and the dwellings to the east are each located approximately 185 and
550 metres from the walking track.
Reason a Council Decision is required
A Council decision is required because more than four written submissions of
objection were received in response to public notification of the proposal.
Permit History
The site has the following planning permit history:
03124 – Dwelling – application was withdrawn February 2005.
080219 – Construct a dwelling, approved 9 July 2008.
Notice
Notice of the application was undertaken in accordance with Section 52 of the
Planning and Environment Act, 1987 as it was deemed the application could cause
material detriment to any person. The application was advertised by sending four
copies of the notice and plan to adjoining and surrounding property owners. The
proposal was also notified to Parks Victoria, National Trust and Department of
Sustainability and Environment.
Mediation Session
The Applicant requested a mediation session be undertaken so they could address
some of the concerns directly to submitters. Large versions of the plans were
provided for viewing and an open discussion was held on 17 November 2011.
Submissions
In response to the notification process, 12 written objections were received to the
application. The concerns have been condensed and are generally as follows:
 The VCAT case where Surf ’n Sports Pty Ltd V Bass Coast Shire Council was heard
required that the dwelling on the adjacent lot should be located 400 metres
from the southern part of the George Bass Coastal Walk. This has set a
precedent and the proposal should also locate the dwelling 400 metres from
the Coastal Walk;
 Any dwelling on the lot should be designed and sited so as to minimise the
visual impact on the landscape;
 Previous permit 080219 for the subject site should be adhered to and the
dwelling be placed in the already approved position. This position had been
arrived at through negotiation with all parties and referral authorities;
 The proposed dwelling is too close to the Coastal Walk;
 It is important to protect the scenic quality of the area along the Coastal Walk;
 The dwelling should be set back from the Walk in a similar position to the
house next door (Surf ‘n Sports) and limited to single storey;
 The proposal is located in the ‘San Remo to Blackhead Classified Landscape” an
area recognised as being of ‘Regional Significance” and listed on the Register of
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the National Estate. It is extremely important that the coastal views in this area
be protected;
 The proposed dwelling should be moved back away from the coast in order to
comply with the Victorian Coastal Strategy 2008 guidelines; and
 Crown land should not be used to meet planning requirements of adjacent
private property.
It should be noted that the National Trust, Parks Victoria and Department of
Sustainability all objected to the proposed siting of the dwelling. National Trust and
Parks Victoria stated a preference for any dwelling on the site to be located in the
position previously considered under permit application 080219. The Department of
Sustainability stated that while they did not object to the granting of a permit for a
dwelling, that its location and design be sensitive to the visual amenity of the George
Bass Coastal Walk.
Referrals
The application was referred pursuant to Section 55 of the Planning and Environment
Act 1987 to VicRoads who stated no objection to the proposal and provided
conditions to be included should a permit issue.
Internal Advice
Internal advice was sought from Council’s Infrastructure and Property Management
team. Standard conditions were required.
Relevant Strategies
The purpose of State policy in planning schemes is to inform planning authorities and
responsible authorities of those aspects of State Planning policy which they are to
take into account and give effect to in planning and administering their respective
areas.
Planning is to anticipate and respond to the needs of existing and future communities
through provision of zoned and serviced land for (and not limited to) housing.
Clause 11.05-5 deals with Coastal Settlement. The Strategies contained within this
Clause include:
 Support a network of diverse coastal settlements which provide for a broad range of
housing types, economic opportunities and services.
 Identify a clear settlement boundary around coastal settlements to ensure that growth
in coastal areas is planned and coastal values protected.
 Direct residential and other urban development and infrastructure within defined
settlement boundaries of existing settlements that are capable of accommodating
growth.
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The following Clauses and objectives are relevant to the consideration of this
proposal:
Clause 12.02-1 – Protection of coastal areas
Objective
 To recognise and enhance the value of the coastal areas to the community and
ensure sustainable use of natural coastal resources.
Clause 12.04-2 - Landscapes
Objective
 To protect landscapes and significant open spaces that contribute to character,
identity and sustainable environments.
Strategies
 Ensure sensitive landscape areas such as the bays and coastlines are protected and
that new development does not detract from their natural quality.
 Improve the landscape qualities, open space linkages and environmental performance
in green wedges and conservation areas and non-urban areas.
 Recognise the natural landscape for its aesthetic value and as a fully functioning
system.
 Ensure natural key features are protected and enhanced.
Clause 14 – Natural Resource Management
Protection of agricultural land is a State Policy (Clause 14.01). The objective is to
ensure that the State's agricultural base is protected from the unplanned loss of
productive agricultural land due to permanent changes of land use and to enable
protection of productive farm land which is of strategic significance in the local or
regional context.
In considering a proposal to develop agricultural land, the following factors must be
considered:
 The desirability and impacts of removing the land from primary production,
given its agricultural productivity;
 The impacts of the proposed development on the continuation of primary
production on adjacent land, with particular regard to land values and the
viability of infrastructure for such production;
 The compatibility between the proposed or likely development and the
existing uses of the surrounding land; and
 Assessment of the land capability.
Clause 15.01-2 deals with Urban Design Principles with the objective of:
 To achieve architectural and urban design outcomes that contribute positively to local
character that:
o Landmarks, views and vistas should be protected and enhanced.
o All building works should include efficient use of resources and energy
efficiency.
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o New development should achieve high standards in architecture and urban
design
o Recognition should be given to the setting in which buildings are designed and
the integrating role of landscape architecture.
Council Policy
The Municipal Strategic Statement sets out the vision, objectives and strategic for
managing the use and development of land within the municipality of Bass Coast. The
following policy statements are relevant to the application.
Clause 21.02-7 – Landscape and Built Form
Clause 21.02 recognises that the coastal landscapes are highly valued by the
community for their visual, environmental and cultural qualities as well as being
productive agricultural land. Building dwellings on ridgelines, to gain views over rural
hills, to the water in the distance, has previously been a popular development trend.
The Municipality is host to several National Trust listed landscapes. The landscapes
and views of the municipality need protection from inappropriate development.
Specific coastal landscapes within the Shire have been determined to have either state
or regional significance. This Clause recognises the need for development within these
significant coastal spaces to respond appropriately to the landscape setting, maintain
existing views and vistas and be subordinate to the natural, visual and environmental
landscape character.
Clause 21.08 - Landscape
Clause 21.08 develops on Clause 21.02-7 further by expanding on specific ecological
character areas. The subject site is located within the ‘Anderson Peninsula’ character
area. This area is located between San Remo and Kilcunda and is described as having
an ‘elevated open pastoral landscape edged by dramatic rocky sea cliffs and slopes to Bass
Strait and Western Port. The settlement of San Remo is set on sloping topography at the
gateway to Phillip Island in the west, while Kilcunda has commanding views at the eastern
edge of the Character Area. This area shares characteristics with the Bass Hills Character
Area’.
The future character directions for ‘Anderson Peninsula’ include:
 A rural character will dominate the Character Area outside the settlement of San
Remo. The edges of this Character Area that are visible from outside the Area
(including off shore) will continue to provide a rural backdrop in which development
and landscape disturbance is avoided or sited and landscaped in such a way to retain
a dominant undeveloped character. The coastal edge will become increasingly
vegetated in character and continue to provide extensive scenic viewing opportunities
largely free of development. Development will be sited low on inland slopes out of the
viewshed from key viewing corridors and settlements.
Objective 1
 To ensure that development is subordinate to the natural, visual and environmental
landscape character and significance.
Strategies
 Ensure that coastal related development responds appropriately to the landscape
setting, character and desired future character directions.
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 Strongly discourage development that is unsympathetic to significant landscape areas.
 Avoid linear coastal development beyond urban boundaries.
 In open rural areas, set buildings back long distances from roads and/or group
buildings together among substantial landscaping.
 Scale the height and form of new development at the coastal edge of settlements to
be sensitive to surrounding development, the surrounding landform and the visual
setting of the settlement, particularly when viewed from the foreshore.
Objective 2
 To protect the undeveloped character of the coastal strip.
Strategies
 Retain a dominant natural or undeveloped character, by setting development back
from the coast, in flatter locations, avoiding loss of vegetation, and minimising the
visibility and impact of pedestrian and vehicular access paths and site servicing on the
coastal landscape.
 Ensure ridge tops and visually prominent hill faces are largely kept free of
development, particularly slopes visible from the coast and coastal hinterland.
 Use existing landscape features where they exist (e.g. topography, vegetation
coverage, vistas), to define edges to settlements and protect the surrounding
landscape character.
Objective 3
 To protect locally significant views and vistas that contributes to the character of the
coastal and coastal hinterland region.
Strategies
 Strongly discourage development from locating on hilltops and ridgelines.
 Ensure that development does not impact on existing walking trails, and that it
enhances views to and from these walking trails.
 Protect scenic views in undeveloped landscape features along the coastline including
views from public recreation areas, lookouts, and roads that abut, or terminate at the
coast.
Clause 21.08-2 – Design and Built Form
Clause 21.08-2 deals with Design and Built Form. The overview to this Clause
recognises the importance of ensuring the valued aspects of the municipality’s
character is not lost through redevelopment. Where the built form character of an
area is established and valued (and the area has not been identified for substantial
change), new development should respect this character and add to the overall quality
of the urban environment. The strategies and objectives outlined in this clause apply
to all forms of development.
Objective 1
 To achieve a high standard of architecture and urban design for built form and public
spaces throughout the municipality.
Strategies
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 Design and site development to complement the context in which it sits.
 Ensure the siting of buildings contributes positively to the public realm and respects
the character of the area.
Objective 2
 To maximise energy saving, water conservation, and the principles of Environmentally
Sustainable Design.
Strategies
 Ensure development considers energy, water and natural resource efficiency in the
construction and operation.
Bass Coast Strategic Coastal Planning Framework (The Framework)
This strategic framework provides Council and the community with strategic
directions and advice for future development of coastal areas throughout the Bass
Coast Shire. The Framework is a joint initiative of the Bass Coast Shire and the
Department of Sustainability and Environment. The intent of The Framework is to
facilitate informed and appropriate planning guidance for future development and
management of the coast, its settlements, natural and scenic values, cultural and
landscape features, tourism and urban and agricultural development.
The Framework makes broad considerations for the area including the subject site:
 High value, ocean coastal landscape
 High cliffs, small beaches and fringe reef;
The Framework concludes that the area is:
 Inappropriate for development; and
 Structures should be set back from the coast and sited in accordance with the
Design and Siting Guidelines for areas between Activity Nodes.
Overall Siting and Design Guidelines in The Framework are drawn from the Design and
Siting Guidelines for Coastal and Hinterland Areas and states that:
 Buildings should be sited to retain important views and minimise impact on the
quality of vistas and views;
 Buildings should not break the horizon line of ridgelines or hilltops, when seen from
scenic drives, tourist routes or main roads;
 Dwellings should have an appropriate setback to the coastline and foreshore
reserve;
 Vegetation should be planted to screen dwellings from viewlines.
Design and Siting Guidelines for Coastal and Hinterland Areas
These design and siting guidelines apply to development of land along the coastline
and in the rural hinterland affected by a Design and Development Overlay,
Environmental Significance Overlay or Significant Landscape Overlay in the Bass Coast
Planning Scheme.
The relevant key features of the Kilcunda to San Remo area include:
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 Generally cleared rolling hills that fall away to Bass Strait and Western Port Bay
coastlines used for agricultural activities and rural residential development.
 Open and exposed landscape.
 George bass coastal walking track follows the coastline from Kilcunda to Punch Bowl
Road, east of San Remo.
Objectives
 To minimise the visual impact of development on the surrounding coastal and rural
landscape.
 To improve the environmental and visual quality of the area.
Guidelines:
 Buildings and works should be sited and designed in response to the natural slope of
the land to minimise the visual impact of development and works (including access
drives), and soil erosion. Split level designs are strongly encourages on sloping sites.
 The size, bulk, building materials and colour of new buildings should be responsive to
the streetscape and surrounding area. They should not dominate or stand out.
 The colour of roofing materials of new buildings should be subdued and of a nonreflective material to blend in with the surrounding natural environment and minimise
the visual impact and glare from the roof when viewed from beyond the site.
 All dwellings should be designed and oriented to optimise energy efficiency.
 The planting of indigenous vegetation and together with a range of landscaping
treatments is strongly encouraged to screen any new development. This is particularly
important in the area north of the Anderson Peninsula ridgeline which is highly visible
from Phillip Island Road, and in the vicinity of the George Bass coastal walking track.
 Proposed vegetation accompanying new development should be capable of
withstanding sand and salt attack. Indigenous coastal vegetation is strongly
encouraged.
 Clause 35.07(Farming Zone). A planning permit is not required under this zone
as the lot is over 40.0 hectares in size.
 Clause 42.03-2 (Significant Landscape Overlay - Schedule 1).
Significant Landscape Overlay - Schedule 1 (Strzelecki Foothills and Bass
Valley)
The subject site is located within the Significant Landscape Overlay - Schedule 1. The
purpose of the overlay includes:
 To identify significant landscapes.
 To conserve and enhance the character of significant landscapes.
A permit is required pursuant to Clause 42.03-2 to construct a building and carry out
works, unless exempt via the Schedule. Schedule 1 to the Overlay does not exempt
the proposed buildings and works.
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The subject site for the proposed dwelling is located approximately 1.5 kilometres
west of the Mabilia Estate in Kilcunda. This section of coastline contains dramatic
cliffs, rock ledges and secluded beaches with limited walking access. Development
along this section of coastline is limited to single dwellings in a rural setting
characterised by large amounts of separation by the rise and fall of hills and slopes in
the rural landscape. All dwellings on the nearby lots are positioned to take advantage
of the sweeping coastal views available from the land to the sea.
The subject site is 43.02 hectares in size and is currently used for grazing cattle.
Consideration for the application is limited to the decision guidelines of the Significant
Landscape Overlay as the lot size exceeds 40.0 hectares and therefore does not
require a planning permit to use the land for a dwelling in conjunction with the use of
the land for farming. Therefore consideration will primarily rest with whether the
proposed buildings and works offer an appropriate response to the Significant
Landscape Overlay - Schedule 1 as well as applicable local planning policies.
Consideration also needs to be given to whether the proposal meets the criteria
within the Design and Siting guidelines specifically set for the rural coastal area
between San Remo and Kilcunda.
The following provides a response to the applicable overlay, local policies and Council
strategies.
Significant Landscape Overlay - Schedule 1
The Bass Coast Shire is characterised by a variety of important landscapes which
extend from the Strzelecki foothills through the Bass Valley to coastal areas fronting
Western Port Bay. A number of these areas have been identified by the National
Trust as being significant landscapes.
The key characteristics of the Strzelecki Foothills and Bass Valley, as identified by the
Schedule, include wide open floodplain edged by undulating to steeply sloping hills.
The Strzelecki foothills extend from the north-east corner of the Shire to Anderson
Peninsula/San Remo. Many parts of the foothills are steeply sloping. The extensive and
exposed nature of these agricultural areas and the backdrop they provide to the
coastal areas means that development has to be sensitively designed and sited to
avoid detrimental visual impacts.
Schedule 1 details a number of character objectives to be achieved including:
 To protect and enhance the landscape quality of the area.
 To protect and enhance vegetation within the landscape.
 To ensure that buildings are sited and designed to minimise detrimental impact on the
landscape.
 To encourage development which is of a size and scale sympathetic and responsive to
the surrounding high quality rural and coastal landscapes.
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 To retain the dominance of the undulating and uncluttered landscape throughout the
hinterland by ensuring that buildings and structures outside settlements sit within,
rather than dominate the landscape.
 To maintain locations of highly scenic and natural vistas along roads and at formal
lookout points.
 To minimise detrimental impact of built form along the coastline, on hill slopes visible
from main roads and settlements and prominent slopes.
The landscape quality and the need to protect the area from inappropriate
development is recognised by various Clauses contained within the local planning
policy framework, including Clause 21.02-7 and 21.08 and Council Strategies including
the Siting and Design Guidelines for Coastal and Hinterland Areas and Bass Coast
Strategic Coastal Planning Framework. Collectively, these policies and guidelines
recognise the subject area as part of the Strzelecki foothills and an area with views
and scenic values. Development where appropriate, should be sited to minimise the
detrimental impact of built form along the coastline. No formal distance is recorded
within the policies and guidelines that determines a suitable set back from the
foreshore reserve.
The subject site is located in a rural area along the coastline where the established
character is of a low scale development, generally single storey in nature with large
amounts of separation ensuring limited impact on the wider coastal landscape setting.
This separation also ensures that development is generally hidden between the slopes
on each property. Maintaining this low scale character is critical to maintaining the
established and valued coastal landscape character, particularly when viewed from
wider vantage points.
The proposed dwelling is to be located below the hilltop in the immediate area and is
to be of a minimal constructed height and set within a site cut to reduce the visual
impact of the dwelling from coastal views. The soil removed from the site cut is to be
spread around the edge of the building platform in mounds. The intention of this is to
both limit views from the house site to the foreshore reserve but more importantly
limits the capacity of the dwelling to be seen. The mounded and landscaped area
around the proposed dwelling will ensure views from lower sites such as the beach
and the walking track have limited capacity to see the dwelling and the low profile of
the development will ensure such views will be ‘glimpse views’ of the dwelling.
Similar glimpse views are available of other recently approved dwellings in the area.
Taking the rise and fall of each site into account, locating development on lots in
proximity to the foreshore on a curved and jagged coastline will invariably produce a
variety of results that no one ‘rule’ can produce a consistent outcome.
Comparison of Placement
Dwellings located on the lots to the east and west of the subject site can be seen in
the landscape from as far away as 1.7 kilometres along the walking track. The larger
dwelling furthest to the east which has recently been completed, has been set well
back on the lot from the foreshore reserve, approximately 500 metres from the
boundary shared with the foreshore reserve and 545 metres from the walking track.
The position where this dwelling is located, closer to the top of the ridge and its
constructed height, has provided the capacity to see part of this dwelling from both
the foreshore reserve and the Bass Highway to the north. In this instance setting the
dwelling further away from the foreshore has meant it is located further up the slope
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and into a more prominent position in the wider landscape, arguably not achieving the
desired result of locating the dwelling in the landscape.
The dwelling located immediately to the east was approved by Council at a much
earlier time and no formal requirement had been made to landscape the development
to minimise the visual impact. This dwelling is set back 250 metres from the foreshore
reserve to the south however due to the curve of the landform when measured to
the nearest point of the foreshore reserve it is 150 metres from the reserve and 190
metres from the nearest section of walking track.
The dwelling located immediately to the west and the subject of an earlier VCAT
case: Surf 'n' Sports Pty Ltd v Bass Coast SC [2004] VCAT 1182 (21 June 2004) is
located 435 metres from the foreshore reserve and 450 metres from the walking
track and beach access to Sandy Waterhole beach. This dwelling is modest in height,
has a flat roof and rectangular built form.
Each dwelling has been constructed within a cleared and levelled area and various
attempts have been made to landscape around the dwellings. Each dwelling has a
gravel surface access track to the dwelling.
In comparison the proposed dwelling has a low profile, has a site area designed to
both locate the dwelling within the landscape, well below the peak of the ridge and a
formal landscaping plan to ensure that views of the dwelling are restricted. It is
considered that the proposal is similar in character to nearby development and the
proposal appears to have taken reasonable steps to reduce the impacts and minimise
any interruption to important view lines towards the coast currently enjoyed in the
wider landscape and view lines experienced from the coastal walking track and the
wider public realm.
All aspects of the development mentioned are therefore considered to meet the
many character objectives and the guidelines required for the Significant Landscape
Overlay - Schedule 1 and the local planning policies and the Design and Siting
Guidelines for the Kilcunda to San Remo area.
Submissions
In response to the notification process, 12 written objections were received to the
application. Some of the concerns have been addressed earlier in the report however
some additional responses are as follows:
 Previous permit 080219 for the subject site should be adhered to and the
dwelling be placed in the already approved position. This position had been
arrived at through negotiation with all parties and referral authorities.
Permit number 080219 was obtained by a previous owner of the property and has now
expired.
 The Tribunal case where Surf ’n Sports Pty Ltd V Bass Coast Shire Council was
heard, required that the dwelling on the adjacent lot should be located 400
metres from the southern part of the George Bass Coastal Walk. This has set a
precedent and the proposal should also locate the dwelling 400 metres from
the Coastal Walk.
 Any dwelling on the lot should be designed and sited so as to minimise the
visual impact on the landscape.
 The proposed dwelling is too close to the Coastal Walk.
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 It is important to protect the scenic quality of the area along the Coastal Walk.
 The dwelling should be set back from the Walk in a similar position to the
house next door (Surf ‘n Sports) and limited to single storey.
 The proposal is located in the ‘San Remo to Blackhead Classified Landscape” an
area recognised as being of ‘Regional Significance” and listed on the Register of
the National Estate. It is extremely important that the coastal views in this area
be protected.
 The proposed dwelling should be moved back away from the coast in order to
comply with the Victorian Coastal Strategy 2008 guidelines.
Commentary has been included earlier in this report that addresses the issues contained in
these submissions.
Conclusion
The most critical issue to be considered in this application is whether development
should be hidden and how well it should be hidden from view from the coastal area
and the impact the development would have on the existing and valued coastal
landscape character enjoyed by public along the George Bass Coastal Walk.
The Bass Coast Planning Scheme and supporting strategies, such as the Siting and
Design Guidelines for Coastal and Hinterland Areas and the Bass Coast Strategic
Coastal Planning Framework go to lengths to ensure that new development is
appropriate within existing coastal landscape settings. The cumulative effects of all the
planning controls in the Scheme suggest that the rural environment along the coast
from Kilcunda to San Remo has been isolated for special treatment due to its special
coastal landscape characteristics. It is clear that the planning controls go to great
lengths to ensure that this special character is recognised and protected as well as
possible. It is considered the proposal has taken all parameters into account in
designing and setting the proposed dwelling on the lot while still achieving some views
for the Applicant.
Recommendation
development of the land with a dwelling and ancillary works located at (Lot 2
PS 120761) Phillip Island Road, San Remo, the Council resolves to issue a
Notice of Decision to Grant a Permit subject to the following conditions:
1.
Before the 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 three copies must be provided (one set being of A3
size). The plans must be generally in accordance with the plans
submitted but modified to show:
(a)
a schedule of colours and materials to be used on external facades
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for all buildings and water tanks. Colours must be of earthy muted
tones and non-reflective materials. Zincalume building materials
are not deemed appropriate.
2.
The development as shown on the endorsed plans shall not be
amended, altered or modified (whether or not in order to comply with
any statute, statutory rule or, or for any other reason) without the
further approval (in writing) of the Responsible Authority.
3.
Vehicle and pedestrian access and drainage to serve the subject land
Responsible Authority and VicRoads.
4.
Drainage of the subject land must be to the satisfaction of the
Responsible Authority including compliance with Best Practice for Rural
Stormwater treatments and on-site dispersion of collected flows.
5.
The dwelling must be connected to a reticulated sewerage system or if
not available, the waste water must be treated and retained on-site to
the satisfaction of the Responsible Authority.
6.
The dwelling must be connected to reticulated electricity supply (or a
similar approved power supply) prior to the occupation of the dwelling
to the satisfaction of the Responsible Authority. (Electricity supply must
be provided to the dwelling underground.)
7.
The dwelling must be connected to a reticulated potable water supply
or have an alternative potable water supply with adequate storage for
domestic use as well as for fire fighting purposes.
8.
No buildings or works shall be constructed on any existing (including
9.
No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals,
sediments, gross pollutants, animal waste or domestic waste shall be
washed into, allowed to enter, or discharged to the stormwater
drainage system, receiving waters or surrounding land during the
construction works hereby approved to the satisfaction of the
Responsible Authority.
10. The development must be managed during construction so that the
amenity of the area is not detrimentally affected through the:-
11.
(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; and
(d)
presence of vermin or animals.
This permit will expire if one of the following circumstances applies:
a)
the development is not started within two years of the date of this
permit; or
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the development is not completed within four years of the date of
this permit.
request is made in writing before the permit expires, or within three
months afterwards.
VicRoads
12. The existing crossover and driveway onto the Phillip Island Road is to be
constructed to the satisfaction of the Roads Corporation prior to the
occupation of the works hereby approved.
13. Prior to the occupation of the buildings or works hereby approved, the
access lanes, driveways, crossovers and associated works must be
provided and available for use and be:
a)
Formed to such levels and drained so that they can be used in
accordance with the plan.
b)
Treated with an all-weather seal or other durable surface.
14. Driveways must be maintained in a fit and proper state sp as not to
compromise the ability of vehicles to enter and exit the site in a safe
manner or compromise operational efficiency of the road or public
safety (eg. by spilling gravel onto the roadway).
Attachments
AT-1 Locality Plan
2 Pages
43 Pages
Council Decision
Cr Barlow returned to the meeting at 6.29pm
That in relation to planning permit application no. 110306 for develop the
land with a dwelling and ancillary works located at (Lot 2 PS 120761)
Phillip Island Road, San Remo, the Council resolves to issue a Notice of
Refusal on the following grounds:
1.
The application is contrary to the State Planning Policy Framework
in particularly Clause 12.02-2 (Appropriate development of coastal
areas). The proposal is not sensitively sited or designed to respect
the character of the coastal area.
2.
The application is contrary to the State Planning Policy Framework
in particularly Clause 12.04-2 (Landscapes). The proposal does not
protect the coastline and the proposal is considered to detract from
the natural quality of the coastline.
3.
The application is contrary to the objectives and strategies
contained within Clause 21.02-7 (Landscape and Built Form) of the
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Local Planning Policy Framework as the proposal is not subordinate
to the natural, visual and environmental landscape character of the
coastal areas of San Remo.
4.
The application is contrary to the character objectives contained
within the Significant Landscape Overlay - Schedule 1 at Clause
42.03 as the proposal does not seek to conserve and enhance the
character of the San Remo coastal landscape.
The application is contrary to the character objectives contained within
the Significant Landscape Overlay - Schedule 1 at Clause 42.03 as the
proposal does not ensure the buildings are sensitively sited and designed to
minimise the detrimental impact on the San Remo coastal landscape.
Mr Piasente left the meeting at 6.38pm
Mr Piasente returned to the meeting at 6.40pm
Ms Sist left the meeting at 6.41pm
Ms Sist returned to the meeting at 6.44pm
CARRIED
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E.5
Bass Coast
Shire Council
110218 - develop the land with a second dwelling and remove vegetation at
22 (Lot 63 LP 32729) Bruce Street, Inverloch
File No:
Department:
CM11/1077
communities.
Application Details
The Land:
Planning Scheme:
Zoning:
Overlays:
Develop the land with a second
dwelling and remove vegetation
22 (Lot 63 LP 32729) Bruce Street,
Inverloch
Bass Coast
Residential 1 Zone
Vegetation Protection Overlay Schedule 3
Design and Development Overlay Schedule 1
Declaration
The author has no direct or indirect interest in this issue.
Proposed Use & Development
The following description is based on development plans prepared by db Design,
number 10063 dated 21 April 2011.
The Applicant proposes to develop the subject land with a second dwelling and
construct one new crossover and widen an existing crossover. The proposed dwelling
is to be of double-storey construction, located behind the existing dwelling and
addressing the side street of Corsair Grove. The proposed dwelling is to feature:
Second Dwelling
 Ground floor comprises: three bedrooms, one bathroom, laundry and living
area.
 Upper floor comprises: one bedroom, one bathroom, separate toilet, southwest-facing balcony and an open plan kitchen/dining and living area.
 A single-car garage under the roofline.
 Additional open car space.
 A variety of ‘Linea’ boards and other light-weight materials to external facades.
 Variety of skillion and flat roof forms in non-reflective Colorbond.
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The proposed dwelling is modern and rectangular in architectural expression and
detail. The maximum height of the dwelling is approximately 6.87 metres.
The development provides a front setback of three metres to Corsair Grove which is
located to the west of the subject site. Side setbacks to the east is proposed to be
2.13 metres and five metres to the south. No walls are to be constructed on any
boundary.
The area of private open space to each dwelling is located to the north and to the
south of the development and proposes a total area of approximately 90 square
metres for the new dwelling. The predominant area of secure private open space is
located to the north and has a minimum north/south dimension of 4.5 metres and is
approximately 45 square metres in size. The southern private open space at the
upper level balcony is accessible from the living area on the upper level.
The new development proposes retention of some existing vegetation which is
located around the perimeter of the rear lot which will provide some seclusion and
assist to site the new development within the context of the surrounding area.
Removal is planned for some exotic species and some locally indigenous species of
low significance on the site. The small shed located in the south-east corner of the
site is also to be removed.
Background
Subject Site
The subject site is located at 22 Bruce Street, Inverloch and is more particularly
described as Lot 63 on Lodged Plan 32729, Township of Inverloch. No restrictive
covenants or agreements are registered on title.
The site is located on the south side of Bruce Street and is rectangular in shape. It has
a frontage to Bruce Street of 12.5 metres, a maximum depth of 36.88 metres, a
splayed corner up to three metres and a site area of approximately 616 square
metres. The land slopes from north-east to south-west and measures from 20.6
metres at the front boundary to 18 metres at the south-west corner of the allotment.
The site currently contains a single storey older-style cement sheet dwelling and shed.
The site contains some exotic vegetation, and some locally indigenous species none of
which has a ‘high’ significance. The western boundary to the site provides vehicle
access to the rear of the existing laneway.
The front boundary of the subject site is fenced with a low picket fence and low
timber fences are located on other boundaries.
Surrounds
The subject site is situated within a Residential 1 Zone.
The surrounding land consists of Residential 1 zoned allotments featuring a mixture of
single and double-storey dwellings of varying ages and styles. The majority of
surrounding allotments each contain a single dwelling and associated outbuildings.
The site is located within an area characterised predominantly by residential
development.
Bruce Street is of bitumen construction with a square edge kerb and channel drainage.
There are no footpaths provided in this section of Bruce Street.
Density & Neighbourhood Character
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The pattern of development along Bayview Avenue is evolving with new residential
development gradually replacing older style holiday housing stock. The rate of change
is much slower in areas north of Bayview Avenue and in Bruce Street. The pattern of
subdivision in this area consists of the original subdivision pattern with minimal
changes to the original layout, and lots are of similar size and proportion to that of
the subject site. Modest development is predominant in the immediate area.
The local neighbourhood is characterised by single and multi level dwellings
constructed of predominantly weatherboard cladding and cement sheet with some
evidence of face brickwork, accompanied by corrugated iron or concrete tile roofs
with a variety of hip and gable or skillion roof style. The older holiday housing in
Bruce Street enjoys generous front and side setbacks however little retained coastal
vegetation exists. Newer dwellings in the same area have similar setbacks to that
proposed by this application.
Proximity
The site is within 350 metres of the main commercial activity centre of Inverloch
which is to the south-west of the subject site. Inverloch Foreshore reserve is located
400 metres to the south.
These distances are easy walking distances for people of general mobility and the
terrain slopes down to the foreshore reserve to the south.
Permit History
The site has no previous planning permit history.
A Council decision is required because more than four written submissions of
objection were received in response to public notification of the proposal.
Notice
Notice was given in accordance with Section 52 of the Planning and Environment Act
1987, by registered mail to 11 adjoining and nearby property owners in May 2011,
and a sign was placed on the front boundary.
Five objections were received in response. A summary of the main points are as
follows:
Submissions
 Bruce Street is located outside the medium density housing area defined in the Inverloch
Design Framework Plan
 Multi unit development was not proposed for sites north of Bayview Avenue
 Streets are narrow and the intersection of Bruce Street and Corsair Grove is busy.
 The proposal represents an overdevelopment of the site
 Excessive traffic during Xmas holidays due to holiday housing in area
 Area for Lot 2 is 279 square metres which is below the minimum area set by the State
Government
 Display of ‘Notice’ was only on display for one day
 Loss of views
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 Reduction in values of nearby properties
 Existing single storey residence at 22 Bruce Street may add another storey
 Front setback for new dwelling does not appear to comply with the Standard
 Overlooking concerns
 Overshadowing concerns.
Mediation
A discussion was held with the Applicant in relation to the content of the objections.
Matters relating to Rescode issues are addressed in the Clause 55 assessment that is
included in the usual manner as part of this report.
It was determined that no design changes were available to satisfy any concerns
raised. A response to the objections is included later in this report.
Referrals
External
No statutory referrals were required.
Internal Advice
Internal advice was sought from Council’s Infrastructure and Property Management
team. Standard conditions were required.
Arborist Advice
The site is vegetated with a variety of trees both indigenous and of various exotic
species. The trees are a mixture of semi-mature and mature trees having varying
states of health and significance. An arborist report, commissioned by the applicant,
has been prepared by Jardine Johnstone, dated September 2011and was submitted
with the application. The report provides an assessment of the 11 trees present on
site and immediately adjacent to the site. The retention significance of the assessed
trees follows in Table 1 below.
Table 1
Tree No.
Species
Site significance
1
Melaleuca styphelliodes (Pricklyleaved Tea-tree)
Not locally indigenous Moderate Significance
2
Not locally indigenousLow
3
Melaleuca ericifolia (Swamp
paperbark)
Locally indigenous-Low
4
Melaleuca armillaris (Giant Honey
Myrtle)
5
Photinia glabra (Japanese Photinia)
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Tree No.
Species
Site significance
6
Myrtle)
7
Melaleuca Linariifolia (Snow in
Summer)
8
Acacia melanoxylon (Blackwood)
9
Acer sp
Not locally indigenous Moderate
10
Locally indigenous Moderate
11
Recommendations:
Table 2
Tree No.
Species
Recommendations
1
Retain and protect
2
Remove
3
paperbark)
Retain if practical
4
Myrtle)
Remove
5
Photinia glabra (Japanese Photinia)
Retain and protect
6
Myrtle)
Remove
7
Melaleuca Linariifolia (Snow in
Summer)
Retain if practical
8
Remove and replace
9
Acer sp.
Retain and protect
10
Retain and protect
11
Remove and replace
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Relevant Strategies
The purpose of State policy in planning schemes is to inform planning authorities and
responsible authorities of those aspects of State planning policy which they are to
take into account and give effect to in planning and administering their respective
areas. The State Planning Policy Framework provides a context for spatial planning
and decision making by planning and responsible authorities.
through provision of zoned and serviced land for (and not limited to) housing.
Clause 11.05-5 deals with Coastal Settlement. The Strategies contained within this
Clause include:
 Support a network of diverse coastal settlements which provide for a broad range of
housing types, economic opportunities and services.
 Encourage urban renewal and re-development opportunities within existing settlements
to reduced the demand for urban sprawl.
 Identify a clear settlement boundary around coastal settlements to ensure that growth in
coastal areas is planned and coastal values protected.
 Direct residential and other urban development and infrastructure within defined
settlement boundaries of existing settlements that are capable of accommodating
growth.
This Clause identifies that Planning should provide for housing diversity and ensure
the efficient provision of supporting infrastructure.
Clause 16.01-4 deals with housing diversity whereby the objective is to provide for a
range of housing types to meet increasingly diverse needs. The Strategy includes:
 Encourage the development well-designed medium-density housing which:
Clause 16.01-5 encourages the delivery of more affordable housing closer to jobs,
transport and services. A Strategy to improve housing affordability includes:
 Increasing choice in housing type, tenure and coast to meet the needs of households as
they move through life cycle changes and to support diverse communities.
Municipal Strategic Statement
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The Municipal Strategic Statement sets out the vision, objectives and strategic for
managing the use and development of land within the municipality of Bass Coast. The
following policy statements are relevant to the application.
Clause 21.02 – Profile of Bass Coast
Clause 21.02 looks at the profile of Bass Coast Shire with Clause 21.02-3 identifying
Inverloch as being one of the four major population centres. Clause 21.02-4 examines
the ageing population within the Shire noting the permanent population is
characterised by a high proportion of residents over the age of 60. The group
accounts for 28 percent of the population which is significantly above the Victorian
average of 18.4 percent. It is projected that the proportion of population aged over
60 will increase from 28 percent to 41 percent. The change in demographic profile
will influence the settlement types, housing demands and the level of services and
facilities required throughout the municipality.
This Clause also examines Visitor Population noting that Bass Coast Shire has the
second highest proportion of vacant dwellings relative to housing numbers in Victoria.
Approximately 38 percent of dwellings are vacant. This data reflects the high
proportion of holiday homes in coastal communities. It also reflects the trend across
Victoria towards smaller households sizes and the rate if increase in dwelling
numbers.
Clause 21.05 - Settlement
Clause 21.05-1 deals with the Growth of Towns in the Shire and identifies the
distinctive settlement pattern which is based on a hierarchy of townships and villages.
The Settlement Hierarchy seeks to set out the strategic directions and development
opportunities in the Shire. Inverloch is identified as a town with moderate spatial
growth capacity and is encouraged to accommodate some growth beyond existing
zoned land and through infill development.
Objective 1
 To identify towns that are suitable for urban growth and to provide for sufficient land in
these towns for growth until 2030.
Objective 2
 To ensure that residential development and related urban uses are restricted to existing
or identified settlements.
Objective 3
 To encourage sustainable development, minimise impacts on the natural systems,
increase natural reserves and vegetation in urban areas and improve the quality of life
for the community.
Objective 4
Clause 21.06 - Land Use
Clause 21.06-1 deals with Housing within the Shire and aims to provide a diverse
range of housing types to cater for the municipality’s varied community and
encourages urban consolidation within appropriate areas to support an increase in
population.
Objective 1:
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 To increase housing densities and the consolidation of urban areas in appropriate
locations and restrict increase housing densities and the consolidation of urban areas in
inappropriate locations.
The strategies to achieve this objective include:
 Encourage increased housing densities within Wonthaggi, Cowes/Ventnor, San Remo and
Inverloch.
Objective 2
 To provide a diversity of housing types and lot sizes to meet the needs of all residents
and visitors to the municipality.
Objective 3
The Clause expands on this strategy on this by ensuring the following minimum
criteria are used for increased housing densities in urban areas (non-applicable
sections have been deleted):
Density
 One dwelling per 300 square metres on land that is located within 400 metres of a
main commercial activity centre or community facility.
Clause 21.07 – Environment
Local Planning policy (Clause 21.07) states that an objective is to effectively manage
and conserve the Shire’s biologically diverse natural environment as an ecologically
sustainable resource for present and future generations.
Clause 21.08 – Landscape and Built Form
Clause 21.08 deals with landscape and built form with Clause 21.08-2 noting that, ‘in
areas where built form change will be more substantial, high quality and site
responsive design should add to the diversity of the built environment, enhance the
sense of place and incorporate the principles of Environmentally Sensitive Design’.
Objective 1
 To achieve a high standard of architecture and urban design for built form and public
spaces throughout the municipality.
Strategies include:
o Encourage high quality buildings and public spaces that are environmentally,
o Design and site development to complement the context in which it sits.
o Ensure the siting of buildings contributes to the public realm and respects the
character of the area.
Clause 21.10 – Local Areas
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Clause 21.10 deals with local areas with reference to Inverloch at Clause 21.10-1. The
vision for Inverloch is:
 For a consolidated and sustainable coastal village that optimizes the existing natural
assets and character and, services the lifestyle and recreational needs of residents and
visitors.
The local area implementation includes:
Settlement
 Containing and consolidating development within the defined town boundaries, with a
mix of densities to accommodate population growth without compromising the coastal
village character.
Land Uses
 Locating medium density development within the defined precinct of Sandy Mount
Avenue, Venus Street, Dixon Street, Ramsey Boulevard and on both sides of Clerk
Crescent as detailed in the Inverloch Design Framework Overview Plan. Developing shop
top housing within the commercial precinct.
Environment
 Protecting the informal feel and nature of the foreshore from inappropriate
development.
 Protecting indigenous vegetation that makes a contribution to the character of both
urban and foreshore areas.
Landscape and built form
 Ensuring development responds to the environmental and landscape features of the
urban and foreshore areas with architecture that reflects the coastal setting.
 Incorporating indigenous trees and vegetation into landscaping of both the public and
private space in new development.
 Ensuring that view lines and vistas are protected and shared between the public and
private realm.
 Applying the General Development Guides within the Inverloch Design Framework Plan
to all development in the following areas:
o The Residential Area General Development Guides apply to the design and location
of residential development within the residential area defined in the Inverloch Design
Framework Overview Plan.
o The Environmental Residential Area General Development Guides apply to the
design and location of residential dwellings within the environmental residential area
defined in the Inverloch Design Framework Overview Plan.
o Planting trees on road reserves is to accord with the Inverloch Design Framework –
Tree Planting Framework.
Inverloch Design Framework (The Framework)
The Inverloch Design Framework Plan is a reference document included in the Bass
Coast Planning Scheme. Clause 21.12 of the Planning Scheme provides that reference
documents are not to be given any statutory weight. The Framework establishes a
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vision, strategies and guidelines to help shape the structure, function and appearance
of Inverloch over the next 20 years.
The Framework has been prepared to address the significant development pressures
experienced in the area in recent times and to ensure that future development occurs
in an appropriate manner.
Relevant strategic objectives of the Framework are:
 To accommodate a population of approximately 12000 – 15000 people in 20 years.
 To protect and enhance the existing quality of place in Inverloch while accommodating
increased demand for residential, retail and tourism activity.
 To encourage residential development with a mix of densities to accommodate the
population growth.
 To encourage the principles of environmentally sustainable design in the planning of both
private property and the public domain including the use of appropriate materials,
drainage management, erosion control and resource management.
 To establish equitable, efficient and safe patterns of movement for cars and pedestrians
within the residential area and commercial centre with minimal capacity for conflict.
The Framework provides for the creation of precincts based on density, site coverage
and extent of vegetation. The subject site is situated within a precinct defined as a
‘Residential Area’. The Framework provides particular guidelines for development in
this Area as follows:
 Wall height to be maximum 7 metres to eaves and total building height 8.5 metres to
ridge.
 Building footprint a maximum of 50% of the allotment. Minimum of 30% of allotment
to be retained as lawn or landscaping. Car parks to be incorporated into building
footprint.
 Elements of roof to be gabled with pitch in keeping with height parameters.
 Minimum setbacks as per Rescode. First floor coverage to be maximum 70% of ground
floor area.
 Front fences as per ResCode and ensure for 50 per cent transparency.
 Minimum of 1 native tree for every 50 square metres of block. Where possible
significant trees are to be protected. 5 new trees are to be planted for each significant
tree to be removed.
Inverloch Design Framework Plan Review
The Inverloch Design Framework has been recently reviewed and an Inverloch Design
Framework Review report (2009) issued and was adopted by Council at the meeting
held in May 2011. The Inverloch Design Framework review report had undergone a
peer review which supported the continuing application of the Inverloch Design
Framework (2003) with the proposed area and town boundaries to remain
unchanged. The Inverloch Design Framework review report recommends expanding
the ‘Medium Density Housing Area’’ to include areas further north, east and west of
the Inverloch Recreation Reserve, however maintains Bayview Avenue as the upper
‘eastern’ boundary. The area known as Residential Housing Area which includes the
balance of the housing area of Inverloch is also re-named as ‘Character Area 2”and
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recommends development in this area comply with the following character
statements:
Established Residential Hinterland (Character Area 2)
 Potential for some future infill and medium density housing but
intensity of that would reflect the detached housing character of
the low density form.
 Through the area, expect respect for established setbacks.
The following planning scheme control applies to the subject site:
 Residential 1 Zone;
 Vegetation Protection Overlay – Schedule 3. A permit is required to remove
vegetation identified as Acacia melanoxylon (Blackwood); and
 Design and Development Overlay - Schedule 1. A planning permit is not triggered
under this overlay as the maximum building height of the proposal is less than 7.0
metres.
The subject site is contained wholly within the Residential 1 Zone. The relevant
purposes of the Residential 1 Zone are:
 To implement the State Planning Policy Framework (SPPF) and the Local Planning Policy
Framework (LPPF), including the Municipal Strategic Statement and local planning
policies;
 To provide for residential development at a range of densities with a variety of dwellings
to meet the housing needs of all households; and
 To encourage residential development that respects the neighbourhood character.
In accordance with Clause 32.01-4 a planning permit is required for the development
of more than one dwelling on a lot.
Clause 55 (ResCode)
The development must comply with the objectives of Clause 55 of the planning
scheme. This Clause relates to the development of two or more dwellings on a lot
and residential buildings. The purposes of Clause 55 are to:
 Achieve residential development that respects the existing neighbourhood character or
which contributes to a preferred neighbourhood character;
 Encourage residential development that provides reasonable standards of amenity for
existing and new residents; and
 Encourage residential development that is responsive to the site and the neighbourhood.
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State and Local Planning Policy Framework
The State Planning Policy Framework sets out general policies for Planning in Victoria,
with those relating to Settlement and Housing relevant to the consideration of this
proposal. The primary objectives of these policies are to provide for a range of
housing types, deliver more affordable housing, encourage consolidation of existing
urban areas and make better use of infrastructure. The State Planning Policy
Framework also calls for medium density housing which is designed to be respectful
of the character of established neighbourhoods and encourages development to
achieve architectural and urban design outcomes that make a positive contribution to
neighbourhood character.
The Local Planning Policy Framework places considerable emphasis on containing
urban development within existing settlement boundaries. To a large extent this
objective is concerned with ensuring that residential growth does not encroach on or
impact on significant environmental features and on areas affected by future climate
change. Policies encourage the provision of a diversity of housing types and lot sizes
to meet the needs of all residents and visitors to the municipality, and more
affordable housing options are also encouraged.
There is a strong focus in the Bass Coast Planning Scheme for the consolidation of
townships such as Inverloch. The Municipal Strategic Statement makes reference
under Clause 21.05-1 to Inverloch being a district town whereby it is encouraged to
accommodate growth through infill development. Clause 21.06-1 encourages
increased housing densities within Inverloch as it is identified as a town with the
appropriate infrastructure and services to support such development. Inverloch is a
logical and preferred location for absorbing some of the Shire’s anticipated population
growth over the next 20 years as it has an appropriate level of infrastructure and
facilities required to support a growing and ageing population. The Municipal Strategic
Statement encourages development to occur within proximity to commercial centres,
community facilities and services. The subject site is located approximately 400
metres from the commercial centre and it is located within the residential settlement
boundary and within a reasonable walking distance to other facilities.
The more specific density rules detailed in the Municipal Strategic Statement also
support the proposal. The subject site is located within 400 metres of the main
commercial activity centre of Inverloch, and the proposal is for a density of
approximately 308 square metres. The proposal is similar to the prescribed density in
the revised Municipal Strategic Statement of 300 square metres and is aimed at
providing medium density with a high level of access to the main commercial activity
centre, schools and all community facilities, and in keeping with the existing
neighbourhood character. The density is considered similar to the prescribed density
and the subject site is also connected to all services and on a sealed road.
This development is seen as a genuine opportunity for infill development and is
supported by the local planning policy framework. The following provides an
assessment of the relevant objectives contained within Clause 55 and relevant Council
Strategies where applicable.
Assessment against Clause 55
Clause 55.02 Neighbourhood Character and Infrastructure
Neighbourhood Character Objectives
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The Municipal Strategic Statement as well as the Inverloch Design Framework clearly
encourage higher density residential development for the site and surrounding area.
There are various controls and policies in the planning scheme which seek to ensure
that new medium density housing is compatible and respectful to the existing
character of the area. Development should achieve architectural and urban design
outcomes that contribute positively to local urban character and enhance the public
realm.
Standard B1
Inverloch is a popular coastal township within the Bass Coast Shire. The character of
this residential area of Inverloch is defined by a variety of single and double storey
detached dwellings with double storey dwellings more common on sites where
redevelopment has already occurred. Most older-style dwellings in Inverloch typically
display a ‘holiday house’ style, however new and more contemporary dwellings are
starting to emerge within the area, particularly north and west of the site. Multi unit
development in Inverloch is not uncommon, with replacement dwellings usually more
spacious, substantial, contemporary and striking in appearance. Inverloch is becoming
diverse in character, particularly noting the replacement of older stock with larger
sizes of replacement dwellings.
As Council strategies envisage higher density development for this area, particularly as
a result of its proximity to the commercial centre of Inverloch, there is the
expectation that the area will undergo a degree of change to the existing residential
fabric. Although the development may be considered to be somewhat of a departure
from the existing ‘fine grain’ residential fabric, particularly that existing in the
immediate area of Bruce Street, this is not an unreasonable response to the site and
immediate surrounding context. There are a number of recent redevelopments within
the wider area and the character of the area is certainly in transition and changing.
The more recent developments are of a greater density, generally two storeys in
height with elevated designs and generally of a bolder expression. The proposed
development is considered to be in keeping with this emerging character and is
consistent with the strategic directions for the area.
The development is fairly typical of the newer and more contemporary dwellings
emerging within Inverloch. The development is well designed, ensures access to
northern light for living areas through the use of suitably located windows and offers a
well articulated façade. The development uses a variety of external materials such as
Linea cladding and some rendered surfaces. The new dwelling addresses Corsair
Grove and the access to the existing dwelling remains in place with the existing
vegetation screening the dwelling from the street. The retention of the majority of
the vegetation which is located around the perimeter of the rear lot, will provide
some seclusion and assist to site the new development within the context of the
surrounding area. The front setback proposed is considered to be consistent with the
side setback of the existing development, the side setback of the lot across the street
in Corsair Grove and is also graduated which serves to minimise the impact of the
new development on the streetscape.
The garage is incorporated into the development with space for additional visitor
parking within the front set back. The existing development and the new development
is separated and the existing vegetation retained to minimise the expanse of garage
door and ensures the development does not dominate the frontage. The upper level
of the design is set back from the lower level, this plus the retained vegetation serves
to minimise the impact of additional development within the streetscape.
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The design of the separate driveways prevents a large expanse of concrete from
dominating the streetscape and enables capacity for landscaping, both existing and
new to soften the development. There is to be no front fencing to the new
development which will enhance the streetscape and return some of the original
‘open’ character of the area.
The development is considered to be responsive to the emerging neighbourhood
character and is seen to meet the objectives of Clause 55.02-1.
Infrastructure Objectives
Standard B4
The existing power and telephone services are located in the street. The proposed
development can be connected to all reticulated services. The proposed development
on the subject site would not unreasonably overload the capacity of the existing
services and infrastructure.
It is considered that the estimated number of vehicle trips that would be generated by
the proposed development would have a minimal impact on traffic conditions to
Bruce Street. Bruce Street is fully constructed with kerb and channel drainage.
Clause 55.03 Site Layout and Building Massing
Street Setback Objective
Clause 55.03-1 sets out the Standards for setbacks from streets. The setback of the
adjacent dwelling to the south is approximately 10.5 metres and the subject site is
located on a corner, therefore the Standard requires a setback of 3.0 metres. The
development proposes a front setback of 3.45 metres at the lower level and three
metres at the upper level. The setback proposed is considered appropriate in the
wider context of the rest of the street and in conjunction with the dwelling located
on the opposite side of the street. The proposed setback, the retention of the
existing vegetation and vegetation on the road reserve and the capacity for
landscaping within the front set back will minimise perceptions of visual bulk of the
development. The setback will not result in any level of unacceptable visual bulk and
meets the Standard and the Objective of Clause 55.03-1.
Building Height Objective
Clause 55.03-2 sets out the Standard for maximum building heights. The proposed
height of the dwellings is less than seven metres which meets the nine metre height
Standard and also is within the Design and Development Overlay - Schedule 1 permit
requirement.
Site Coverage Objective
The site coverage objective aims to ensure that ‘site coverage respects the existing or
preferred neighbourhood character and responds to the features of the site. The site area
covered by buildings should not exceed 60 percent’.
The site area is 616 square metres in size. The total site coverage including paved
surfaces of the proposed development is 244.82 square metres resulting in a site
coverage of 40 percent of the site. This is under the 60 percent allowable by the
Standard.
Permeability Objectives
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Clause 55.03-4 sets out the Standard for site coverage. The site coverage of the
buildings and paved areas equates to 40 percent. Approximately 371.43 square metres
or 60 percent of the site will be dedicated lawn and landscaping areas and meets the
permeability Standard.
Energy Efficiency Objectives
Clause 55.03-5 sets out the Standard for energy efficiency. The design takes into
account that due north is located towards the front boundary of the subject site and
has provided windows to the living areas with northern solar access and glazing to
bedroom 3 and 4 to provide opportunities for northern solar access into living areas.
Additionally, the pitch of the roofing section over the living areas is angled towards
the north which ensures the section of roof does not prevent northern solar access
to the private open space located at the north of the dwelling. Other Environmentally
Sustainable Design features include bulk insulation and the thermal mass of a concrete
slab.
Safety Objective
The aim of this objective ‘is to ensure that the layout of the development provides for
the safety and security of residents and property’.
The entrance of the new development is proposed to front Corsair Grove. There is
clear vehicular access and parking provided within the development with a strong
visual connection to Bruce Street which minimises any future safety issues for
residents of the development.
Landscaping
The Landscaping objectives aim:
 To encourage development that respects the landscape character of the
neighbourhood.
 To encourage development that maintains and enhances habitat for plants and
animals in locations of habitat importance.
 To provide appropriate landscaping.
 To encourage the retention of mature vegetation on the site.
Bruce Street does not display a strong landscape character. The streetscape is
relatively open with few mature trees and relatively wide grassed verges. There are
examples of scattered larger trees within the wider setting. The development is seen
to meet the Standard with retention of some existing vegetation on the road reserve
and within the front setback and the opportunity to locate some additional shrubs
within the front set back which will assist to screen the development to further soften
the visual impact.
Should a permit issue, a condition should be included to require a detailed landscape
plan that addresses infill planting across the site and replacement of locally indigenous
species removed for the development.
Access Objectives
Standard B14
The development proposes two access points to Corsair Grove and the existing
crossover is to continue to be utilised.
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The development proposes two single, angled crossovers each approximately three
metres wide. This equates to 31 percent of the street frontage which meets the
Standard to Clause 55.03-9. While the ultimate width of crossovers is proposed to be
less than the Standard, should a wider crossover occur, there will be a negligible
impact within the streetscape as there will be a large separation between the two
crossovers and vegetation on the road reserve and front setback will be retained and
unaffected. This minimises the visual impact of a large amount of concrete in one area
and allows space for further landscaping to occur to soften the visual impact of the
development.
The proposed dimensions of the crossovers are considered acceptable to allow
access for vehicles and emergency vehicles. Vehicles to each dwelling will be required
to reverse onto Corsair Grove, which is consistent with the pattern of vehicle
movements along the street.
The existing road network has sufficient capacity to absorb any increase in traffic
occurring as a result of the proposed development.
Parking Location Objectives
It is proposed that parking be provided adjacent to both the existing dwelling and
within a garage for the new development. The proposed garage for the new dwelling
provides direct access into the dwelling ensuring for security of residents.
Parking Provision Objectives
Given the number of bedrooms to each dwelling, two car parking spaces are required.
Two car spaces are provided to the proposed dwelling, one within a garage and an
external car space for the new dwelling. Both car parks for the existing dwelling are
provided externally as is the existing situation. The garage to be provided for the new
dwelling is 6.09 metres long and 3.6 metres wide which exceeds the minimum
dimensions as per the Standard to Clause 55.03-11.
Clause 55.04 Amenity Impacts
Side and Rear Setbacks Objective
Clause 55.04-1 seeks to ensure that the height and setback of a building from a
boundary respects the existing character and limits the impact on the amenity of
existing dwellings. The greatest potential for amenity impacts is to the adjacent
properties to the south and west. The setback proposed to the south is 4.4 metres
and to the east is 1.93 metres where the wall height is a maximum of 6.45 metres.
This meets the Standard. The upper level for the new dwelling is well articulated
which reduces the bulk of the building when seen from adjoining properties and the
varied side setback improves access to light for the dwelling to the east. Both the
Standard and the Objective are considered to be met.
Walls on Boundaries Objective
This objective seeks to ensure that:
 the location, length and height of a wall on a boundary respects the existing or
preferred neighbourhood character and limits the impact on the amenity of
existing dwellings.
There are no walls proposed on boundaries.
Daylight to Existing Windows Objective and North-facing Windows
Objective
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There are no habitable room windows in dwellings on the adjoining allotments within
one metre of the proposed development. The proposed development has no walls
within three metres of existing north-facing habitable room windows. The
development is setback 4.40 metres to the rear boundary and therefore more than
eight metres from the north-facing habitable room windows of the allotment to the
south, which meets the Standard and ensures no amenity impacts.
Overshadowing Open Space Objective
This objective aims to ensure:
 buildings do not significantly overshadow existing secluded private open space
area of adjacent properties.
Given the orientation of the lot the only properties to be affected by overshadowing
are the lots immediately to the east. The Standard requires:
 Where sunlight to the secluded private open space of an existing dwelling is reduced,
at least 75 percent, or 40 square metres with a minimum dimension of 3 metres,
whichever is the lesser area, of the secluded private open space should receive a
minimum of five hours of sunlight between 9.00am and 3.00pm on 22 September.
Overshadowing of the adjacent area of secluded private open space to the east will be
minimal and certainly within the parameters defined by Standard B21. This space is
already affected by the existence of a tree on the adjoining lot therefore the new
development is within the parameters defined by Standard B21.
Overlooking Objective
This objective aims to ensure:
 To limit views into existing secluded private open space and habitable room windows.
Appropriate hi-lite and smaller side windows are proposed for the upper level
windows which will prevent overlooking from occurring from the upper levels of the
development. Views may be obtained from deck of the new dwelling however as this
is not into secluded private open space of development to the south then it is
considered to meet the it is considered the Standard and the objective of the Clause
55.04-6 is met.
Internal Views Objective
This objective aims to limit views into the secluded private open space and habitable
room windows of dwellings and residential buildings within a development.
The size of the upper level windows to the living area of the development have been
minimised to reduce the internal views impacts across the outdoor decking area of
Lot 1. Larger north facing windows would be more preferable to the upper level of
the new dwelling and while this decking area is not secluded, views have at least been
limited to provide some privacy. No views are available into the habitable room
windows of the existing dwelling in accordance with the Standard, therefore the
proposal is also considered to meet the objective of Standard B23.
Clause 55.05 On Site Amenity and Facilities
Accessibility Objective
The proposed dwellings will be constructed close to ground level with the entrance
having good circulation space that is accessible to people with limited mobility. Basic
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services normal to a dwelling are available on the ground floor which would provide
for anyone with limited mobility.
Dwelling entry objective
This objective aims to ‘provide each dwelling or residential building with its own sense
of identity’. The entrance to the new dwelling is easily identified and accessed via a
small covered porch. The area provides shelter, a sense of personal address and a
transitional space around the entry.
Daylight to New Windows Objective
The proposed design, building setbacks and window placement has ensured that new
habitable room windows receive adequate access to daylight that is well within the
parameters of Standard B27. Each habitable window is located to ensure adequate
daylight and sunlight is available. The development provides north-facing windows to
gain northern light into the living areas of the dwellings without causing undue
overlooking impacts.
Private Open Space Objective
This objective aims to provide adequate private open space for the reasonable
recreation and service needs of residents. Areas of private open space for the new
dwelling incorporates a service area and open space in total greater than the
minimum of 40 square metres required by the standard. Areas of secluded private
open space for the new dwelling is also complemented with private open space
adjacent (balcony) to the upper level living areas of 17 square metres. Overall the
development provides a variety of accommodation for either residential living or
holiday accommodation and is therefore considered to meet the standard. All areas
for both the existing and the new dwelling are either north facing or additionally have
a minimum north/south dimension of 4.5 metres and are easily accessible.
Storage objective
A storage area is provided within the garage to the new dwelling and meets the
Standard.
Front Fence Detail
The application does not propose front fencing.
Vegetation Protection Overlay - Schedule 3
State and Local Planning Policy
It is considered that the application is supported by State and Local Policy. While it is
acknowledged that vegetation removal will result from approval of the application, a
Net Gain outcome will be achieved through the imposition of planning permit
conditions responsive to the amount, significance and general health of the vegetation
removed.
Eleven trees have been considered in the assessment, however only four of these
trees are protected under the Vegetation Protection Overlay - Schedule 3. The
recommendation for each protected tree follows:
Table 3
Tree No.
Species
Recommendations
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3
paperbark)
Retain if practical
8
Acacia melanoxylon
(Blackwood)
Fair health and poor structure. Impact
concerns Remove and replace
10
Acacia melanoxylon
(Blackwood)
Retain and protect
11
Acacia melanoxylon
(Blackwood)
Significant bi-furcation of the main
trunk, likely to experience decay at the
stem union.
Remove and replace
The proposal includes initial plans to remove only tree number 4 which is not a locally
indigenous tree and therefore not protected under this overlay. The proposal also
includes an arborist report, commissioned by the Applicant, which makes additional
recommendations for some protected vegetation that is within the private open space
of the proposed dwelling and in some proximity to works while constructing the
building and accessing the easement and ultimately the building footprint.
It is recommended that these trees numbered 8 and 11 also be removed and replaced
due to the health and poor structure of the trees. The replacement of these trees is
to be included as part of the landscaping plan condition should a permit issue.
Inverloch Design Framework Plan (The Framework)
The Framework is a reference document included in the Bass Coast Planning Scheme.
Clause 21.12 of the Planning Scheme provides that reference documents are not to
be given any statutory weight. A brief assessment of the development against the
guidelines follows:
The proposal is considered to meet the guidelines for development in the “Residential
Area” in accordance with the Framework in the following respects:
 Wall height to be a maximum of 7 metres to the eaves. Total building height to 8.5
metres to ridge.
Total building height is a maximum of approximately 6.87 metres with a variety of
skillion roof sections. Upper levels are proposed to be setback on several sides and a
high level of articulation is a feature of the development.
 Building footprint a maximum of 50% of the allotment. Minimum of 30% of allotment
to be retained as lawn or landscaping. Car parks to be incorporated into building
footprint.
While the built footprint in the proposal equates to 32 percent, with driveways the
coverage is 40 percent. Approximately 60 percent of the subject site is available for
landscaping and private open space (permeable), which exceeds the minimum
requirement under the ‘Residential Area’ criteria. Overall the development is
considered to meet and exceed ResCode permeability requirement, and capacity
exists to landscape further to soften the development. It is considered appropriate to
include a condition on the permit for landscaping to include some infill plantings which
together with the retention of some existing vegetation will ensure the visual
appearance of the development is softened through the use of landscaping.
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 Elements of roof to be gabled with pitch in keeping within height parameters.
Proposed roofing is a sectioned skillion form. Proposed roof design is considered in
keeping with neighbourhood character and emerging character of new development
in the area.
 Minimum setbacks as per Rescode. First floor coverage to be maximum 80% of ground
floor area.
First floor coverage of the new dwelling technically calculates to 100 percent with
garage and balcony included into building footprint. The layout of the building with the
upper level set back along the northern elevation, the articulated façade and the very
reasonable setbacks from all boundaries is considered to not only meet ResCode but
to meet the objective of the parameter of The Plan where it seeks separation between
developments to contribute to the existing streetscape and provide space for
landscaping to achieve maturity.
 Fence height as per ResCode. Ensure 50% transparency.
Existing side fences are to remain. Front fencing is not proposed which opens the
development to the streetscape.
 Developments on Greenfield site – minimum of 1 tree per every 75 square metres of
block.
A condition is recommended to be included should a permit issue to landscape the
subject site with 80 percent locally indigenous plants where locally indigenous species
are removed. The site is not a Greenfield site and no significant trees are to be
removed.
Submissions
Submissions have been grouped and responses to areas of concern have been
included below:
 Bruce Street is located outside the medium density housing area defined in the Inverloch
Design Framework Plan
 Multi unit development was not proposed for sites north of Bayview Avenue
 The proposal represents an overdevelopment of the site
 Excessive traffic during Xmas holidays due to holiday housing in area.
A response to these concerns has been provided earlier in this report.
 Area for Lot 2 is 279 square metres which is below the minimum area set by the State
Government
Lot size proposed for Lot 2 is 300.11 square metres. Regardless of where fencing may
lie at present, land set aside and inclusive of the easement area is 300.11 square
metres for Lot 2. The State Government has not set a minimum lot size of 300 square
metres for Bass Coast Shire Council. Further if a lot size is less than 300 square
metres then a planning permit is required to develop land within the Residential 1
Zone in Bass Coast Shire.
 Display of ‘Notice’ was only on display for one day
The Applicant was requested to display the sign again in accordance with the original
request.
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 Reduction in values of nearby properties
While this is a concern that is sometimes raised, it is not a matter for consideration
under this assessment.
 Existing single storey residence at 22 Bruce Street may add another storey
Most property owners have the option to extend their dwelling to a second storey to
a maximum height of seven metres without the requirement of a planning permit or
notification to neighbours, subject to title restrictions and current planning and
building legislation in place at the time of application. Additionally any single dwelling
on a lot can be replaced and redeveloped to two storeys without the requirement for
a planning permit if the development is no greater than seven metres in height.
 Front setback for new dwelling does not appear to comply with the Standard
 Streets are narrow and the intersection of Bruce Street and Corsair Grove is busy
 Overlooking concerns
 Overshadowing concerns.
It is considered that these aspects have already been covered within the report when
considering the Clause 55 (ResCode) requirements of the Bass Coast Planning
Scheme.
Impact on views from existing properties
There is concern by a submitter that the proposed two-storey nature of the
proposed second dwelling will block a proportion of existing views enjoyed from
nearby properties.
There is possibly some views available across the housing between the subject site
and the foreshore due to the slope of the land. These views are said to diminish if the
additional development on the site were to occur. The following guidelines are
commonly used when considering the principle of ‘views’:
 There is no legal right to view;
 Views form part of the existing amenity of a dwelling and their loss is a relevant
consideration to take into account;
 The availability of views must be considered in the light of what constitutes a
reasonable sharing of those views; and
 Added emphasis will be placed on considerations above if the question of views is
specifically addressed under the Planning Scheme.
Views contribute to the amenity of adjacent properties and the issue of loss of views
is somewhat fairly raised, particularly as there is an expectation that view sharing is a
consideration under the assessment of the proposal. There are various policies
contained within the Scheme that refer to the concept of maintaining important
coastal view lines from wider vantage points with the Siting and Design Guidelines for
Coastal and Hinterland Areas specifically referring to the concept of shared views
from private properties.
It is important in this situation to first consider how far this development is actually
from the foreshore reserve, almost 400 metres. In the intervening space and down
the slope to the foreshore, development varies over one and two storeys and views
are obtained over the rooftops and in many places views are not available at all. The
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planning permit triggers within this assessment are for the removal of vegetation and
the development of a second dwelling. The height of the building being less than seven
metres does not trigger a separate assessment save for consideration under ResCode
for impacts to immediately adjacent properties however local policy requires that
view sharing be considered.
When considering where this additional development lies and where views can be
obtained it is considered that only a portion of the views would be impacted upon.
The majority of views can still be achieved within the public realm and lower over the
rooftops. While the impact of the loss of part of the existing views is an aspect to be
considered under the application, the capacity to achieve all the views currently
enjoyed in perpetuity is in question when the distance from the foreshore frontage is
also considered.
Conclusion
It is considered the development provides an appropriate response to the existing
and emerging characteristics of Inverloch and adequately responds to the character
objectives to be achieved in the Planning Scheme.
The proposed development has been assessed and on balance is seen to accord with
the objectives and standards of the State and Local Planning Policy Framework
incorporating the Municipal Strategic Statement. The application therefore warrants
approval subject to appropriate conditions.
Recommendation
development of the land with a second dwelling and removal of vegetation
located at 22 (Lot 63 LP 32729) Bruce Street, Inverloch, the Council resolves
to issue a Notice of Decision to Grant a Permit subject to the following
conditions:
1.
Before the 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 two copies must be provided (minimum of A3
size). The plans must be generally in accordance with the plans
received on 21 April 2011 and prepared by db Design but modified to
show:
a) Two sets of proposed colours/sample swatches of proposed external
materials of the dwelling;
2.
Before the works commence, a landscape plan prepared by a landscape
architect or suitably qualified person or firm must be submitted to the
satisfaction of the Responsible Authority for approval. When approved,
the plans will be endorsed and form part of the permit. The plans must
be drawn to scale with dimensions and a minimum of two x A3 copies
must be provided. The plans must show:
(a)
areas to be landscaped including infill planting in the front
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setback;
(b)
vegetation to be removed from the site;
(c)
a schedule of proposed species that are to be planted on the site
including scientific names;
(d)
incorporation of a minimum of 80% locally indigenous species; and
(e)
quantities of all species to be planted on site including their size
when mature.
All species are to be non-invasive and not include any environmental
weeds as contained within the publication, Common Weeds of
Gippsland, Bass Coast Shire 2002.
3.
Before the works commence, detailed civil construction plans must be
prepared to the satisfaction of the Responsible Authority for
endorsement by the Responsible Authority. All construction plans
submitted for approval must be consistent with this permit and must
conform with the requirements of all relevant servicing and road
authorities, and in particular water, sewerage, drainage, telephone
power, VicRoads and Council. The plans must be drawn to scale with
dimensions and three copies must be provided. The plans must show:
(a)
drainage of the subject land including:
(i)
compliance with the Best Practice Environmental
Management Guidelines for Urban Stormwater and Bass
Coast Shire Stormwater Management Plan (2003). Any
quality treatment proposed in accordance with these
Guidelines;
(ii)
a drainage retardation system on the subject land serving
each lot allowing an unrestricted flow path for 1 in 100 year
extreme event storm flows. The drainage retardation system
must discharge to the existing underground system/legal
point of discharge and be maintained to the satisfaction of the
Responsible Authority;
(iii) consideration of any buildings and works and landscaping in
relation to any detrimental impacts to underground drainage
pipes located on any existing or proposed drainage or
sewerage easement; and
(b)
vehicle and pedestrian access and car parking including:
(i)
concrete driveways in accordance with Council’s Standard
Drawings;
(ii)
car parking areas and access ways to be designed, constructed
and sealed with an all-weather seal pavement to the
satisfaction of the Responsible Authority;
(iii) car parking spaces and access aisles designed in accordance
with
the Australian Standard for off-street car parking
AS 2890.1 - 2004.
All works must be constructed or carried out in accordance with those
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plans.
4.
The development and subdivision as shown on the endorsed plans shall
not be amended, altered or modified (whether or not in order to
comply with any statute, statutory rule or, or for any other reason)
without the written consent of the Responsible Authority.
5.
Vehicle and pedestrian access and drainage to serve the subject land
Responsible Authority including a concrete driveway cross-over in
accordance with the Council’s Standard Drawings.
6.
Access to the site shall only be at the nominated crossings shown on the
endorsed plan. The crossings and road pavement works are to be
constructed to the satisfaction of the Responsible Authority.
7.
No buildings or works shall be constructed on any existing (including
8.
The development hereby approved must not be occupied until:
a) The landscaping and works shown on the endorsed plans has been
completed to the satisfaction of the Responsible Authority. The
landscaping shown on the endorsed plans must be planted,
established and thereafter maintained to the satisfaction of the
Responsible Authority;
b) all redundant infrastructure associated with the development is
removed, damaged infrastructure is replaced and the area
reinstated to the satisfaction of the Responsible Authority; and
c) All works required by the conditions of this permit have been
completed to the satisfaction of the Responsible Authority.
9.
The development must be managed during construction 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, litter, dust, waste water, waste products,
grit or oil; and
d) presence of vermin or animals.
10. No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals,
sediments, gross pollutants, animal waste or domestic waste shall be
washed into, allowed to enter, or discharge to the stormwater drainage
system, receiving waters or surrounding land during the construction
works hereby approved to the satisfaction of the Responsible Authority.
11.
This permit will expire if one of the following circumstances applies:
-
the development is not started within two years of the date of this
permit; or
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the development is not completed within four years of the date of
this permit.
request is made in writing before the permit expires, or within three
months afterwards.
Note:
A Road Occupation Permit shall be required for any works undertaken in any
road adjoining the land subject to this permit. This includes works associated
with driveway construction or service connections for drainage, power,
telephone, water and sewerage or easement drainage works.
Attachments
AT-1 Locality Plan
2 Pages
37 Pages
Council Decision
Moved: Cr. John Duscher / Seconded: Cr. Ross Smith
development of two dwellings located at 22 (Lot 63 LP 32729) Bruce
Street, Inverloch, the Council defers the decision to enable mediation
between the applicant and objectors.
CARRIED
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DPO16 - Grantville-Glen Alvie Road, Grantville - Residential Land:
Development Plan Application
File No:
Department:
CM11/993
communities.
Declaration
Summary
Council received a Development Plan application on 15 February 2011 for a
residential development in Grantville. In accordance with the Development Plan
Overlay, a Development Plan application has been submitted for approval by Council.
The proposed Development Plan is included here at Attachment 1.
The Development Plan application responds to the requirements of the Development
Plan Overlay Schedule 16. An assessment of the development plan against the
requirements of the overlay is included at Attachment 2. An assessment of the
application against the objectives and strategies of Clause 56 Residential Subdivision
has been included at Attachment 3.
The Development Plan provides a broad layout for development, including the
proposed areas for residential allotments, the traffic network, open space and
drainage. In particular the development plan identifies:

The outline of roadways and road connections to the existing road network

Footpath network

Proposed subdivision layout

Reserve/Open Space.
This report has been prepared to provide:

An assessment of the proposed Development Plan against the requirements of the
Development Plan Overlay – Schedule 16;

An assessment of the development plan against State and local planning policies;

A recommendation that the Development Plan is adopted as it is consistent with
the requirements of Development Plan Overlay – Schedule 16.
Introduction
Subject Site and Surrounds
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Figure 1: Subject land
The development plan applies to land located at Lot 1 on Plan of Subdivision 304710Y
(45 Grantville-Glen Alvie Road), Lot 2 on Plan of Subdivision 304710Y (25 GrantvilleGlen Alvie Road) and part of Lot 2 on Plan of Subdivision 085489 (1499 Bass
Highway), Grantville.
The subject land is located in Grantville and is bounded by residential land to the
south and west, a reserve to the north and both a sand quarry and densely vegetated
allotment to the east. The development will have road connections to Bass Highway
at the west and Grantville-Glen Alvie Road to the south.
The total area measures approximately 8.36 hectares.
The area is currently contained within two zones with majority of the land in the
Residential 1 Zone and land also contained in the Public Conservation Zone. Land
affected by this zone will be set aside in reserves which will protect vegetation and
provide a buffer between residential development and the existing quarry site to the
east.
The Development Plan Application
The proposed Development Plan for the subject site is generally consistent with the
requirements of Development Plan Overlay – Schedule 16.
An assessment of the development plan against the requirements of the overlay is
included at Attachment 2.
The Development Plan was placed on an informal exhibition for public comment on
19 September 2011. The formal exhibition of the Development Plan is not required
under the Planning and Environment Act 1987, but it provides further opportunity for
interested parties to make submissions and be kept informed about the proposed
development. The informal exhibition period closed on 3 October 2011.
Submissions
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Three submissions were received from adjacent landholders, one from a referral
authority and some comments were made by Council’s Infrastructure team.
Of the three submissions received, two strongly supported development of the
subject land for residential development.
One submission raised concerns about vegetation clearance, potential localised loss of
flora and fauna, the character of the area, street lighting, the size of the residential
allotments and the need for further development in Grantville.
Council’s Infrastructure team requested that the submitted plan be amended
diagrammatically to reflect a number of changes in relation to road splays, the road
layout and footpaths both sides of the main road connection from the roundabout off
Grantville-Glen Alvie Road.
Submissions and responses are discussed in greater detail below in the Officers
Comments.
Strategic Basis
The State Planning Policy Framework informs planning authorities of the State policy
to be taken into account when making decisions. The following clauses should be
considered in the assessment of the proposal.
through provision of zoned and serviced land for housing, employment, recreation
and open space, commercial and community facilities and infrastructure.
Planning is to facilitate sustainable development that takes full advantage of existing
settlement patterns, and investment in transport and communication, water and
sewerage and social facilities.
Clause 11.02-1 Supply of urban land
Planning is to ensure a sufficient supply of land is available for residential, commercial,
retail, industrial, recreational, institutional and other community uses. Planning for
urban growth should consider opportunities for the consolidation, redevelopment
and intensification of existing urban areas.
Clause 11.03-1 Open Space
The objective of this clause is to ‘to assist creation of a diverse and integrated
network of public open space commensurate with the needs of the community’.
Planning authorities should ‘ensure that land is set aside and developed in residential
areas for local recreational use and to create pedestrian and bicycle links to
commercial and community facilities’.
Clause 11.05-4 Regional planning strategies and principles
Planning is to develop regions and settlements which have a strong identity, are
prosperous and are environmentally sustainable, by directing growth to locations
where utility, transport, commercial and social infrastructure and services are
available or can be provided in the most efficient and sustainable manner. Planning is
to ensure that there is a sufficient supply of appropriately located residential,
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commercial, and industrial land across a region to meet the needs identified at
regional level.
Planning is to maintain and enhance regional Victoria’s competitive advantages by
providing adequate and competitive land supply to meet future housing and urban
needs and to ensure effective utilisation of land.
Planning is to promote liveable regional settlements and healthy communities by
encouraging the development of compact urban areas which are based around
existing or planned activity centres to maximise accessibility to facilities and services.
Clause 12 – Environmental and Landscape Values
Clause 12.01-1 Protection of habitat
Planning is to assist the protection and conservation of biodiversity, including native
vegetation retention and provision of habitats for native plants and animals and
control of pest plants and animals.
Clause 15.01-3 Neighbourhood and subdivision design
Planning is to ensure the design of subdivisions achieves attractive, liveable, walkable,
cyclable, diverse and sustainable neighbourhoods by creating compact
neighbourhoods that have walkable distances between activities. Car dependence can
be reduced by allowing for networks for walking and cycling and subdivision layouts
that allow easy movement within and between neighbourhoods.
Clause 15.02-1 Energy Efficiency
Planning is to encourage land use and development that is consistent with the efficient
use of energy and the minimisation of greenhouse gas emissions by consolidating
urban development and supporting low energy forms of transport such as walking and
cycling.
Clause 16 - Housing
Clause 16.01-1 Integrated housing
Planning is to promote a housing market that meets community needs. Housing in
existing urban areas should be increased in appropriate locations, including underutilised urban land.
Clause 16.01-2 Location of residential development
An adequate supply of redevelopment opportunities within the established urban area
should be provided to reduce the pressure for fringe development.
Clause 16.01-5 Housing affordability
An objective of this clause is to deliver more affordable housing closer to jobs,
transport and services and improve housing affordability through land supply which is
sufficient to meet demand.
Clause 18 - Transport
Clause 18.02-1 Sustainable personal transport
The objective of this clause is to promote the use of sustainable personal transport.
Planning should encourage walking and cycling by creating environments that are safe
and attractive as well as develop high quality pedestrian environments that are
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accessible to footpath-bound vehicles such as wheelchairs, prams and scooters.
Development should provide opportunities to create more sustainable transport
options such as walking, cycling and public transport.
Clause 19 - Infrastructure
Clause 19.03-1 Development contribution plans
Planning is to facilitate the timely provision of planned infrastructure to communities
through the preparation and implementation of development contributions plans.
Clause 19.03-3 Stormwater
The objective of this clause is to reduce the ‘impact of stormwater on bays and
catchments’. Planning authorities should incorporate water-sensitive urban design
techniques into developments to:
 Protect and enhance natural water systems.
 Integrate stormwater treatment into the landscape.
 Protect quality of water.
 Reduce run-off and peak flows.
 Minimise drainage and infrastructure costs.
The Municipal Strategic Statement provides a vision for the development of the Shire.
It sets out key strategies that provide clear directions for land use and development
within the municipality for the next 15 years. The Municipal Strategic Statement is
consistent with State Policy and recognises key issues that influence land use and
development in certain areas of the Shire.
Clause 21 Municipal Strategic Statement
Clause 21.05 Settlement
Clause 21.05-1 Growth of towns
This clause deals with Settlement Hierarchy. It identifies Grantville as a town with
moderate spatial growth capacity. Some growth beyond existing urban zoned land and
through infill development is encouraged.
Objective 1: To identify towns that are suitable for urban growth and to provide for
Strategy 1.1: Ensure that the growth and consolidation of settlements is consistent
the Settlement Hierarchy.
Objective 3: To encourage sustainable development, minimise impacts on the
natural systems, increase natural reserves and vegetation in urban areas
and improve the quality of life for the community.
Strategy 3.1
Minimise the impact on significant environmental features within
identified settlement boundaries, and address these impacts through
the rezoning or development planning process.
Clause 21.06 Land Uses
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Objective 1: To increase housing densities and the consolidation of urban areas in
Strategy 1.1
Encourage increased housing densities within Wonthaggi,
Cowes/Ventnor, San Remo, Inverloch and Grantville:
 In proximity to commercial centres, community facilities and services.
 In areas nominated in structure plans or Design Frameworks.
 Within 200 metres of a main commercial activity centre.
Objective 4: To ensure new residential development contributes to the new and
upgraded infrastructure.
Strategy 4.1
Ensure new residential developments contribute towards the provision
of infrastructure.
Clause 21.08 Landscape and Built Urban Form
Clause 21.08-3 New urban Subdivision
Objective 1: To encourage new residential subdivision estates to integrate with the
existing community.
Strategy 1.1
Ensure new residential subdivision estates recognise the surrounding
context and township character.
Strategy 1.3
In addition to networks within subdivision estates, ensure that new
residential subdivision estates improve wider pedestrian, bicycle and
vehicular networks, and encourage safe pedestrian movements through
urban areas.
21.08-4 Landscape Architecture
Objective 1:
To increase vegetation across the municipality.
Strategy 1.1
Increase landscaping within public areas.
Strategy 1.2
Identify and enhance the landscape values in urban areas.
Strategy 1.3
Encourage the use of local native plants in landscaping.
Clause 21.08-5 Cultural heritage
Objective 1: To protect Aboriginal and post European settlement cultural heritage
sites.
Strategy 1.1
Strategy 1.2
Identify locations of important historical significance.
Manage development in culturally significant areas to lessen or avoid
impact on sites.
Clause 21.09 Infrastructure
Clause 21.09-1 Transport
Objective 4:
To create a shared path network between and within towns.
21.09-3 Open space and recreation
Strategy 1.4
Provide a range of types and sizes of open space that cater for all
residents.
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Objective 2: To provide a variety of tracks for pedestrians and cyclists that offers
recreational opportunities as well as direct paths of travel.
Clause 21.10-11 Grantville
Settlement
 Containing development within the identified settlement boundary.
Land uses
 Providing for a diversity of housing choices and types.
 Encouraging new residential development to locate north and south of Glen Alvie
Road east of the intersection with the Bass Highway.
Infrastructure
 Developing shared bicycle/pedestrian access, walking tracks and recreational
opportunities as shown on the Grantville Township Strategic Development
Framework plan.
Clause 22 Local Planning Policies
Clause 22.01 Stormwater Management Policy
Council's Municipal Strategic Statement identifies stormwater drainage as a concern in
urban areas where there is inadequate street drainage infrastructure. The objectives
of this clause include:
 To maintain and enhance stormwater quality introduced to the drainage and
waterway environment of the Shire;
 To maintain stormwater flows and discharges at a maximum of the predevelopment flow level; and
 To maximise the effectiveness of stormwater infrastructure in protecting the
Finances
The cost of assessing the Development Plan principally involves officer time and there
are no fees payable by the applicants for the assessment of development plans.
Stakeholders
The Development Plan was exhibited informally to stakeholders who had an interest
in the application, including adjacent landholders, as well as internal and external
referrals. The Planning and Environment Act does not have any specific regulations
regarding development plan processes, including notification. Therefore, given that the
development plan proposes development of the land in alignment with the objectives
of the Residential 1 Zone, no further actions to exhibit the development plan are
required.
Statutory Referral Agencies will be provided the opportunity to offer further feedback
as part Planning Permit application to subdivide the land.
Statutory Requirements/Codes/Standards/Policies
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Under the provisions of the Development Plan Overlay, a planning permit cannot be
issued for land within the Development Plan Overlay, unless it is in accordance with
an approved Development Plan.
Other Options
There are three options available to Council.
1. The first, as recommended by this report, would be to adopt and endorse the
Development Plan as submitted and exhibited.
Implications for Council: Endorsement of the Development Plan will ensure that
future development of the land is consistent with the requirements of the
Development Plan Overlay – Schedule 16.
2. The second option is to adopt and endorse the Plan with changes.
Implications for Council: An assessment of the Development Plan has shown that it
is generally consistent with the provisions of Development Plan Overlay – Schedule
16. If changes are made to the Development Plan, there is potential for the changes to
be non-compliant with the requirements. There is also a risk that stakeholders would
not have had a fair opportunity to comment if the changes are significant.
3. The third option is not to adopt the Plan.
Implications for Council: Council would not be implementing the strategic planning
objectives for the Grantville area, for which development of the land for residential
use is supported by the current zoning of the land which is largely residential.
Officer’s Comments/Conclusion
The proposed development plan implements the requirements of the Development
Plan Overlay - Schedule 16. It also supports the objectives of the State Planning Policy
Framework, the Local Planning Policy Framework and the Municipal Strategic
Statement.
The Development Plan
The Development Plan application clearly shows the proposed land uses, including
areas for residential allotments, the internal road layout, reserves the footpath
network and drainage management areas.
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Figure 2: Development Plan
An assessment of the development plan against the requirements of the Development
Plan Overlay – Schedule 16 has been included at Attachment 2.
The assessment indicates that the requirements of the Development Plan Overlay
have been met. The proposed development plan clearly shows the proposed land
uses, including areas for residential allotments, the internal road layout, road reserves
and connections with the existing road layout. It also shows the proposed areas that
will be set aside as a reserve for protection of vegetation.
The total site area is 8.36Ha. Of this, approximately 64.8% of the site (5.42 hectares)
will be residential allotments, 16.5% of the site (1.38 hectares) will be road reserves
and 18.7% of the site (1.56 hectares) will be reserve.
The Development Plan responds to the Habitable Building Exclusion Area, (200
metres from the western boundary of the extraction zone of the quarry located at
111 Grantville-Glen Alvie Road, Grantville) by not creating any new lots within the
area.
The plan allows for safe and convenient road and pedestrian networks, and provides a
buffer between residential areas and open space, ensuring that no newly created
allotments back on to open space.
Appropriate and water sensitive drainage for the site will include treatment within the
proposed east-west main access road with a Gross Pollutant Trap and bio−retention
trench. Stormwater will ultimately be discharged into the adjoining waterway, Colbert
Creek.
Some clearance of vegetation on the site will be required. The Net Gain assessment
for the removal of this vegetation and potential offsets in the reserves at the northern
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end of the property is currently being assessed and will be provided prior to the issue
of a Planning Permit to subdivide the property.
An orchid survey has been undertaken for the site and has identified the Cobra
Greenhood Orchid in the northern section of the site. This section of land will
become a reserve when subdivision of the land is undertaken.
 Assessment against Clause 56 – Residential Subdivision
An assessment of the development plan against the objectives and strategies of Clause
56 - Residential Subdivision of the Bass Coast Planning Scheme has been provided at
Attachment 3. The assessment showed that the proposed development plan was
generally in alignment with the objectives and strategies of the Clause, as discussed
below.
The subject site is located within the existing urban boundary of Grantville.
Residential development is supported by the Bass Coast Planning Scheme which
recognises the subject land as Residential 1 Zone and Public Conservation and
Resource Zone. Land contained within the Public Conservation and Resource Zone
(approximately 1.56 hectares) will be set aside as a reserve. This area cannot be
developed for residential allotments as it is currently zoned Public Conservation and
Resource Zone.
The land is located within walking distance to the town facilities including the
recreation reserve and commercial centre. The Development Plan proposes an
integrated urban landscape with footpaths that connect with existing and proposed
residential areas. The plan shows that footpaths on both sides of the two main access
roads and on one side of all other roads will be constructed to improve walkability.
Exhibition of the Development Plan
31 October 2011 and continued through to 15 November 2011.
Submissions were received from three adjacent landholders as well as referral
authorities and there were some comments from Council’s Infrastructure team.
Submissions have been provided at Attachment 5.
Support for the Development Plan
Two submissions strongly supported development of the subject land for residential
purposes, offering the following comments:
“I agree with Council that the township of Grantville needs provision for appropriate
development including the need for higher density housing.” The submitter also
reflected on the growing number of elderly people, first home buyers and low income
earners, stating that there was a need for “more compact, low maintenance blocks.”
(The Development Plan is) “a very logical in the expansion of the Grantville Township
because of its location and only walking distance to the business and services
facilities.”
“This plan will greatly help to ensure our services and businesses grow and we attract
more and they remain long term.”
Vegetation and neighbourhood character
One of the three submissions received outlined concern about vegetation clearance
and the threat to the local neighbourhood character.
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The Development Plan shows vegetation clearance areas and individual trees that will
be removed, as well as those that will be retained. The majority of vegetation will be
retained in a reserve are to the north of the site. The Net Gain assessment for the
removal of vegetation and potential offsets in the reserves at the northern end of the
property is currently being assessed and will be provided prior to the issue of a
Planning Permit to subdivide the property.
Street Lighting
One of the submissions raised concern about street lights shining into the backyard.
Street lighting will be considered at the planning permit stage and will be in alignment
with current standards for street lighting.
Lot Size
One submission raised concern about the lot sizes being small and outlined aversion
to two storey houses and overlooking. The amended Development Plan does not
actually show lot sizes as this will be finalised at the planning permit stage. An
indicative Lot Layout and Contour Plan (Attachment 4) shows residential
allotments between 400m² and 1,398m², which is in alignment with the Residential 1
Zone. The range of allotment sizes will provide opportunities for a range of housing
types and affordable options.
Objection to development
One of the submissions argued that there was currently enough development in
Grantville, referring to a nearby subdivision which has recently been undertaken. The
land was rezoned Residential 1 Zone in late 2008 as part of Bass Coast Amendment
C72, which recognised that there was an increasing need for supply of residential
development to meet demand. The Bass Coast Planning Scheme recognises Grantville
as a town with moderate spatial growth capacity. Growth beyond the existing zoned
land and infill development is encouraged.
Infrastructure Comments
Council officers requested that the submitted plan be amended diagrammatically to
reflect:

Increased road splays at Grantville-Glen Alvie Road to suit the proposed
roundabout;

Road layout be amended to connect Bass Highway directly with Grantville-Glen
Alvie Road with a 90 degree bend at the intersection of the roads;

Increase the internal road splay at the inner property intersection to match the
above and ensure access to lots to the north have suitable driveway connections /
addresses; and

Provision of footpaths on both sides of the main road connection from the
roundabout off Grantville-Glen Alvie Road.
Each of these requirements have now been incorporated into the current
Development Plan.
Arts and Leisure Comments
Councils Arts and Leisure officer noted that the development area was within 500m
of a playground and there was no need to create one within the subject land. They
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also suggested that the developer could install a picnic setting, park bench and walking
path in the area set aside as a reserve.
This will be addressed through a Section 173 Agreement as part of the next stage of
the subdivision.
Other items
Drainage and speed limits were also mentioned. A specific requirement of the
Development Plan Overlay is that it provides for appropriate and water sensitive
drainage of the site. Treatment within the proposed east-west main access road
reserve will be achieved with a Gross Pollutant Trap and bio-retention trench. The
proposed treatment process will require approval by both Bass Coast Shire Council
and Melbourne Water.
Stormwater will ultimately be discharged into the adjoining waterway, Colbert Creek.
Speed limits are determined by VicRoads and the plan has been referred to this
referral authority as part of the informal exhibition process.
Response from Country Fire Authority
A submission was received from the Country Fire Authority which supports the
development plan based on the further requirement of a planning permit to subdivide
land under Victoria Planning Provision (VPP) Clause 44.06 given that the site is
mapped within the Bushfire Management Overlay (BMO).
As outlined in Clause 44.06, an application to subdivide land must meet the
requirements of Victorian Planning Provision Clause 52.47 – Bushfire Protection
Planning Requirements.
The Country Fire Authority also commented that the development of the subdivision
in design and layout must ensure that the subdivision would not result in an
unacceptable risk to human life.
Telstra Comments
A submission received from Telstra stated that they had no objections to the
Development Plan.
Response from Melbourne Water
A Melbourne Water submission outlined that they do not object to the Development
Plan on the condition that a number of items, as outlined in their submission would be
included in the Planning Permit when the land is subdivided.
These Conditions related to surface and storm water runoff, flooding, setbacks from
Colbert Creek, site management and the requirement for a detailed Landscape Plan
for Colbert Creek and any drainage/water quality treatment assets must be submitted
to Melbourne Water for approval before works commence.
Conclusion
The subject land was rezoned in 2008 and included in the Residential 1 Zone and the
Public Conservation and Resource Zone. The Development Plan proposes to develop
the site according to these zones, allowing for approximately 68 residential allotments
and a large reserve area that will protect existing vegetation. Development of the land
for residential purposes is consistent with the objectives and strategies of the State
Planning Policy Framework and the Local Planning Policy Framework. In particular, it
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will facilitate implementation of settlement, housing, built environment, transport and
infrastructure objectives and strategies.
The Development Plan is generally consistent with the requirements of the
Development Plan Overlay - Schedule 16. The proposed design supports the
objectives and strategies of the Bass Coast Planning Scheme, in particular those
relating to Clause 56 Residential subdivision.
It is recommended that Council approves the Development Plan.
Recommendation
1. That Council resolve to approve the Development Plan under
Schedule 16 to the Development Plan Overlay (Clause 43.04 of the
Bass Coast Planning Scheme).
Attachments
AT-1
AT-2
AT-3
AT-4
AT-5
Final Development Plan
Assessment against DPO16 Grantville
Clause 56 Assessment
Lot Layout and Contour Plan
CONFIDENTIAL - Submissions
1 Page
3 Pages
2 Pages
1 Page
10 Pages
Council Decision
Moved: Cr. Jane Dore Daly / Seconded: Cr. Gareth Barlow
CARRIED
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DPO 21 - Proposed Development Plan for Oates Road, Wonthaggi
File No:
Department:
CM11/745
communities.
Declaration
Summary
In late 2010, Amendment C113 was completed which rezoned land to the north east
of Wonthaggi, including the subject land.
The land was rezoned from Farming Zone to Residential 1 Zone. The amendment
included application of a Development Plan Overlay – Schedule 21 which will be used
to guide the development of the area.
Council received a Development Plan for Lots 1 and 2 on LP211687 (26-30 Oates
Road, Wonthaggi) and Part Lot 2 on PS506140 (60 Oates Road, Wonthaggi) on 24
January 2011.
In accordance with the Development Plan Overlay, a development plan application
was submitted for approval by Council on 9 March 2011. The development plan is
included at Attachment 1.
Plan Overlay - Schedule 21. An assessment of the Development Plan against the
requirements of the overlay is provided at Attachment 2.
The Development Plan provides broad layouts for development and proposes to
subdivide the land into approximately 90 allotments. In particular the Development
Plan identifies:
The outline of roadways and road connections to the existing road network;
Proposed Open Space;
Proposed lot layout; and
Drainage management



An outline of the proposed Section 173 Agreement for the provision of off-site
infrastructure linked to the development; and
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Introduction
Subject site & surrounds
The subject site is located at Lots 1 and 2 on LP211687 (26-30 Oates Road,
Wonthaggi) and Part Lot 2 on Plan of Subdivision 506140 (60 Oates Road,
Wonthaggi).
The site fronts Korumburra-Wonthaggi Road to the east and Oates Road to the
west. The northern and southern boundaries abut private land.
The total area of the site measures approximately 7.9 hectares. It is proposed to
subdivide the subject land into approximately 90 lots that vary in size from 495m² to
1,527m².
Figure 1: Subject Site
The proposed Development Plan for the subject site is generally consistent with the
requirements of Development Plan Overlay – Schedule 21.
The Development Plan was placed on informal exhibition for public comment on
Tuesday 9 August 2011.
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The formal exhibition of the Development Plan is not required under the Planning and
Environment Act 1987, but it provides further opportunity for interested parties to
make submissions and be kept informed about the proposed development. The
informal exhibition period closed on Wednesday 24 August 2011. 10 submissions
were received during this period.
Proposed Section 173 Agreement
Development Plan Overlay – Schedule 21 includes the following requirement:
Before a permit is issued the owners of the land must enter into an Agreement
with the responsible authority pursuant to Section 173 of the Planning and
Environment Act 1987.
In preparation for the Planning Scheme Amendment to rezone land in the Wonthaggi
North East Growth Area, a development contribution plan was prepared by Urban
Enterprises.
This plan identified infrastructure items that would need to be provided in order to
support development in the growth area. It included provision for community
infrastructure, roads, open space and drainage. The identification of these types of
infrastructure reflects the direction provided in the Planning and Environment Act 1987,
about what Council can seek as a contribution.
As part of the assessment of the Development Plans key off-site infrastructure items
were linked to each development and formed the basis for preparing the draft Section
173 Agreements.
By entering into the Section 173 Agreements the developer is making a commitment
to contribute toward the provision of this infrastructure.
Equally, Council is making a commitment to facilitate the construction of this
infrastructure. This will be achieved by having works built in lieu of financial
contributions by developers, or by incorporating the identified items into Council’s
capital expenditure program.
As the Wonthaggi North East Growth Area develops, there are some infrastructure
items that will require additional funding above the contributions collected through
the agreement. This might occur because:
 The infrastructure item is identified as benefiting the entire community, and the
nexus or need extends beyond the Wonthaggi North East Growth Area. This is
known as external demand. An example of this is the proposed wetlands and
stormwater management system in the north east corner of the Wonthaggi North
East Growth Area which will receive water from existing the existing urban areas
of Wonthaggi; or
 There is a change to best practice techniques for construction or provision of
infrastructure that means extra capital is required to meet regulations or
standards.
The additional funding is probably better described as future operating budgets. The
items included in the development contribution plan are essential as they are the
fundamental infrastructure requirements which enable growth. It is important to
recognise that Council will be able to:
 Plan for these projects through the capital expenditure program and strategic
resource planning;
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 Partly funded through contributions collected through the proposed Section 173
Agreements, like the one proposed for the Oates Road Development; and
 Apply for grants and work with state agencies to secure funding.
In relation to the Oates Road Development, infrastructure items have been identified
and a draft Section 173 Agreement has been prepared. There is an option for some
items to be constructed in lieu; otherwise financial contributions will be made toward
the provision of open space, roads and drainage and collected in reserves until the
Council includes the items in the capital expenditure program.
Strategic Basis
retail, industrial, recreational, institutional and other community uses. Planning for
urban growth should consider opportunities for the consolidation, redevelopment
and intensification of existing urban areas.
Clause 11.03-1 Open Space
This clause’s objective is to ‘to assist creation of a diverse and integrated network of
public open space commensurate with the needs of the community’. Planning
authorities should ‘ensure that land is set aside and developed in residential areas for
local recreational use and to create pedestrian and bicycle links to commercial and
community facilities’.
regional level.
Planning is to maintain and enhance regional Victoria’s competitive advantages by
providing adequate and competitive land supply to meet future housing and urban
needs and to ensure effective utilisation of land.
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Clause 15.01-3 Neighbourhood and subdivision design
Planning is to ensure the design of subdivisions achieves attractive, liveable, walkable,
cyclable, diverse and sustainable neighbourhoods by creating compact
neighbourhoods that have walkable distances between activities. Car dependence can
be reduced by allowing for networks for walking and cycling and subdivision layouts
that allow easy movement within and between neighbourhoods.
cycling.
Clause 16.01-1 Integrated housing
Planning is to promote a housing market that meets community needs. Housing in
existing urban areas should be increased in appropriate locations, including underutilised urban land.
Clause 16.01-2 Location of residential development
An adequate supply of redevelopment opportunities within the established urban area
should be provided to reduce the pressure for fringe development.
Clause 16.01-5 Housing affordability
An objective of this clause is to deliver more affordable housing closer to jobs,
transport and services and improve housing affordability through land supply which is
sufficient to meet demand.
Clause 18.02-1 Sustainable personal transport
The objective of this clause is to promote the use of sustainable personal transport.
Planning should encourage walking and cycling by creating environments that are safe
and attractive as well as develop high quality pedestrian environments that are
accessible to footpath-bound vehicles such as wheelchairs, prams and scooters.
Development should provide opportunities to create more sustainable transport
options such as walking, cycling and public transport.
Clause 19.03-1 Development contribution plans
Planning is to facilitate the timely provision of planned infrastructure to communities
through the preparation and implementation of development contributions plans.
Protect and enhance natural water systems.
Integrate stormwater treatment into the landscape.
Protect quality of water.
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Reduce run-off and peak flows.
Minimise drainage and infrastructure costs.
This clause deals with Settlement Hierarchy. It identifies Wonthaggi as a regional
centre with high spatial growth capacity. Large scale residential growth within the
town boundary, particularly the north east growth area is encouraged.
Objective 1: To identify towns that are suitable for urban growth and to provide for
Strategy 1.1: Ensure that the growth and consolidation of settlements is consistent
the Settlement Hierarchy.
Objective 3: To encourage sustainable development, minimise impacts on the
natural systems, increase natural reserves and vegetation in urban areas
and improve the quality of life for the community.
Strategy 3.1
Minimise the impact on significant environmental features within
identified settlement boundaries, and address these impacts through
the rezoning or development planning process.
Objective 4: To ensure new residential development contributes to the new and
upgraded infrastructure.
Strategy 4.1
Ensure new residential developments contribute towards the provision
of infrastructure.
Clause 21.08-3 New urban Subdivision
Objective 1: To encourage new residential subdivision estates to integrate with the
existing community.
Strategy 1.1
Ensure new residential subdivision estates recognise the surrounding
context and township character.
Strategy 1.3
In addition to networks within subdivision estates, ensure that new
residential subdivision estates improve wider pedestrian, bicycle and
vehicular networks, and encourage safe pedestrian movements through
urban areas.
21.08-4 Landscape Architecture
Objective 1:
To increase vegetation across the municipality.
Strategy 1.1
Increase landscaping within public areas.
Strategy 1.2
Identify and enhance the landscape values in urban areas.
Strategy 1.3
Encourage the use of local native plants in landscaping.
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sites.
Strategy 1.1
Strategy 1.2
impact on sites.
Objective 4: To create a shared path network between and within towns.
21.09-3 Open space and recreation
Objective 1: To provide a range of passive and active recreational facilities that
caters for the needs of the local population, as well as tourist, seasonal
holiday-makers and day-trippers.
Strategy 1.4
Provide a range of types and sizes of open space that cater for all
residents.
Strategy 2.1
Link recreation areas by pedestrian and cycle networks within, and
between, towns.
Clause 21.10-11 Wonthaggi
The Wonthaggi Strategic Framework Plan establishes a clear direction for the future
physical form of Wonthaggi in that it identifies the preferred location for the various
forms of land uses within the township.
Settlement
Planning for urban growth within the settlement boundary shown in the
Wonthaggi Strategic Framework Plan.
Land uses
Encouraging infill residential development in close proximity to the Wonthaggi
CBD.
Encouraging medium density development of under-utilised sites within core
areas of the town.
Encouraging consolidation of all residential areas incorporated within the
Residential 1 Zone.
Incorporating a mix of infill development and residential expansion to meet the
future housing needs of the population.
Encouraging future development in Wonthaggi to incorporate design elements
that:
o Encourage physical activity;
o Facilitate community interaction;
o Respect the environment;
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Encouraging linkages between all significant areas of open space, particularly
areas of passive open space, and those managed as flora and fauna reserves as
identified by map titled Parks and Trails Wonthaggi.
Infrastructure
Improving infrastructure provision for footpaths, roads, and drains within the
township.
Improving the pedestrian and bicycle connections to the Bass Coast Rail Trail.
To maintain and enhance stormwater quality introduced to the drainage and
waterway environment of the Shire.
To maintain stormwater flows and discharges at a maximum of the predevelopment flow level.
To maximise the effectiveness of stormwater infrastructure in protecting the
Wonthaggi Dalyston Structure Plan
The Wonthaggi Dalyston Structure Plan was adopted by Council in September 2008.
The Structure Plan provides a basis for informed forward planning in response to
identified opportunities and constraints, the community and stakeholders
expectations and the needs of the future population of Wonthaggi and Dalyston.
The objectives of the Wonthaggi Dalyston Structure Plan, which are generally consistent
with Clause 21.04 (Vision) of the State Planning Policy, are:
To contain residential development and related urban land uses within existing
activity nodes;
To facilitate increased housing densities in proximity to commercial centres,
community facilities and services; and
To facilitate effective and efficient road, pedestrian, cycling and drainage
networks throughout the Shire.
Finances
is no fee payable by the Applicants for the assessment of the Development Plan.
Stakeholders
The Planning and Environment Act does not have any specific regulations regarding
development plan processes, including notification. Therefore, given that the
of the Residential 1 Zone, no further actions to exhibit the development plan are
required.
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Stakeholders will be provided the opportunity to offer further feedback as part
Planning Permit application to subdivide the land which has been submitted
concurrently with the Development Plan application.
An assessment of the Development Plan against the requirements of the
Development Plan Overlay – Schedule 21 was undertaken. The assessment showed
that the plan was generally consistent with the requirements of the schedule.
Other Options
1. The first, as recommended by this report, would be to adopt and endorse
the Plan as submitted and exhibited.
Implications for Council: Endorsement of the Development Plan will ensure
that future development of the land is consistent with the requirements of
the Development Plan Overlay.
Implications for Council: A potential implication of making changes to the
Development Plan could include the revised plan not being consistent with
the provisions of Development Plan Overlay – Schedule 21. There is also a
risk that stakeholders would not have had a fair opportunity to comment if
the changes are significant.
3. The third option is not to adopt the Plan.
Implications for Council: Council would not be implementing the strategic
planning objectives for the Wonthaggi growth area, for which development
of the land for residential use is supported by the Wonthaggi Dalyston
Structure Plan 2008 and the Wonthaggi Strategic Framework Plan.
The proposed Development Plan clearly shows the proposed land uses, including
provision for 90 residential allotments within 26-30 and part 60 Oates Road,
Wonthaggi and an internal road layout. While there is no open space provided for
within lots specified above, a 1.08 hectare recreation reserve is identified within the
broader Oates Road development area.
The development plan also shows off-site stormwater management where drainage
from the site will be directed to the proposed wetlands to the east of the site, as part
of the Wonthaggi North East Development Plan.
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Assessment against Development Plan Overlay - Schedule 21
An assessment of the proposed development plan against Development Plan Overlay
- Schedule 21 found that it was generally in accordance with requirements of the
schedule. The full assessment is included at Attachment 2.
The Development Plan Overlay – Schedule 21 states that a development plan must
show:
A clear indication of the location of all proposed land uses within the plan
area.
Development fronts that form a logical extension to the existing urban area.
Development fronts that have convenient and logical access points.
Development fronts that can be readily serviced.
Development that delivers, and does not compromise, the achievement of the
ultimate drainage strategy.
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Development fronts that contribute to the achievement of sustainable
neighbourhood principles; avoiding isolated pockets of development for an
extended period of time.
The proposed layout pattern which:
o Provides for integration with adjacent residential areas.
o Provides for a variety of lot sizes and housing types, including
identification of areas for medium density housing and assisted
residential care in high amenity areas where appropriate.
o Provides a convenient and safe internal road network and connections
to existing road networks including existing subdivisions within the
growth area and the following key collector and arterial roads: Fullers
Road, Oates Road, Griffiths Street, Wentworth Road, Nelson Street,
Turner Street, Korumburra Road and Inverloch Road.
o Provides allowance for public transport within the road network.
o Provides a safe and convenient pedestrian and cycling network along
main internal and external roads and creates appropriate links with the
surrounding residential areas and open space.
o Provides lots that front public open space reserves and roads (where
appropriate).
o Provides for appropriate drainage for the site including Water Sensitive
Urban Design where appropriate and indicates how the drainage
relates to the Wonthaggi North East Concept Development Plan.
o Does not impact on any significant vegetation.
o Responds to cultural heritage.
o Where appropriate, provides useable public open space that is
generally in accordance with the locations indicated on the Wonthaggi
North East Concept Development Plan.
o Where required, incorporates drainage reserves as identified in the
Wonthaggi North East Concept Development Plan.
o Provides pedestrian and bicycle paths within and between areas of
public open space and along the drainage reserve where appropriate.
As described, the development plan indicates the proposed use of the site for
residential subdivision, an internal road layout and open space.
The development plan also shows off-site stormwater management where drainage
from the site will be directed to the proposed wetlands to the east of the site, in
accordance with the Wonthaggi North East Development Plan.
The proposed road layout includes six entrance/exits to the overall Oates Road
development area, two entrance/exits to Government Road and a single entrance to
Korumburra-Wonthaggi Road. It is likely that VicRoads will seek to limit the amount
of entry points onto this main arterial.
In accordance with the Wonthaggi North East Development Plan, access to
Korumburra-Wonthaggi Road from Oates Road will be prohibited.
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The lot layout allows for proposed allotments along the eastern boundary to back
onto a five metre wide linear reserve separating the site from KorumburraWonthaggi Road.
Assessment against Clause 56 – Residential Subdivision of the Bass Coast
Planning Scheme
The proposed Development Plan was assessed against the objectives and strategies of
Clause 56 - Residential Subdivision of the Bass Coast Planning Scheme and it was
found that the subdivision layout was generally consistent with the clause. A full
assessment against Clause 56 is included at Attachment 3.
In particular, the proposed development plan implements Clause 56.03-4 Built
environment objective, by providing residential allotments that are functional, safe and
attractive by creating a road layout that includes minimal intersections. The
development plan also provides convenient access to the nearby reserve – a public
open space area that will contribute to a sense of place and cultural identity.
Clause 56.05-1 Integrated urban landscape objectives aims to provide attractive and
continuous landscaping in streets and public open spaces. The Development Plan
includes a planting schedule.
The subdivision layout provides for pathways that will ultimately link with the
proposed areas of public open space, implementing the objectives of Clause 56.05-2
Public Open Space. Access to allotments will be via entrances at Oates Road. This
main access road runs north-south along the western boundary of the subject area
with local access streets providing access to lots, implementing the objectives of
Clause 56.06-8 Lot access objective.
The proposed Development Plan was informally exhibited for a two week period. A
copy of the proposed Development Plan was sent to surrounding landholders, as well
as relevant referral authorities and internal Council departments.
Issues raised in the submissions can generally be summarised as:
Concerns about increased traffic on Oates Road, Korumburra-Wonthaggi
Road and local streets.
Request for more footpaths.
Concerns about the safety of roads and speed restrictions.
Concerns about the types of housing permitted within the development.
Submissions from surrounding landowners can be found at Attachment 4.
Comment
Traffic
The subject site forms part of the broader Wonthaggi North East Development Plan
and concerns regarding traffic volume and movement are chiefly dealt with in that
plan.
Many submitters raised the Oates Road/Korumburra-Wonthaggi Road intersection as
a safety concern. As part of the broader plan for the area, Oates Road will be closed
at Korumburra-Wonthaggi Road. Traffic will not be permitted to turn into
Korumburra-Wonthaggi Road from Oates Road. This will reduce the overall increase
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in traffic utilising Oates Road and redirect it to the new intersection along
Korumburra-Wonthaggi Road.
An increase in traffic volumes generated by the development was also raised by
submitters. While it is anticipated that traffic volumes will increase, the traffic
management plan will direct traffic to those roads identified as capable of
accommodating it.
Footpaths
Footpaths leading to and from the subject site will be included as part of the planning
permit conditions for the subdivision of the subject site
Housing
The subject site is in the Residential 1 Zone. The provisions of Rescode will generally
provide the standards for new dwellings in the estate.
Referral Authorities
Submissions were received from three referral authorities;
 South Gippsland Water;
 Country Fire Authority; and
 Telstra.
There were no objections from the Referral Authorities.
VicRoads have been involved in a number of discussions about the overall Wonthaggi
North East Growth Area. The provided advice about, and support for, the closure of
Oates Road and the creation of a new major intersection further east along
Korumburra-Wonthaggi Road.
Internal Council Departments
The Arts and Leisure team provided confirmation that the proposed open space area
aligned with the objectives of the Open Space Strategy.
The Infrastructure and Property Management team provided some direction about
the road layout. These changes were made and the Development Plan now reflects
the preferred road layout.
Section 173 Agreement
Contributions toward the provision of community and services infrastructure are a
critical element of facilitating urban growth. Council worked with Urban Enterprises
to prepare the Wonthaggi North-East Development Contributions Plan, 2010 to support
the implementation and realisation of the Wonthaggi North East Growth Area.
The type of infrastructure items identified in the Urban Enterprise work reflect the
type of items prescribed by Section 46J of the Planning and Environment Act 1987.
Working from this, the particular infrastructure items have been identified for the
Wonthaggi North East Growth area using a needs and nexus analysis. This analysis
looks at the impact new development will have on existing public infrastructure, the
provision of new infrastructure required to support urban growth.
The analysis separates infrastructure items you can reasonably expect to be provided
by the subdivision of land, and those which provide greater community benefit and an
integrated design outcome, that networks roads and manages drainage.
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A Section 173 Agreement, as required under the Development Plan - Schedule 21
provides the mechanism to secure contributions for infrastructure in the Wonthaggi
North East Growth Area.
The contributions will go toward the provision of:
 Community facilities;
 Open Space, Trails, and Park Infrastructure;
 Road Infrastructure; and
 Drainage Infrastructure.
The draft Section 173 Agreement for the Oates Road development is included here at
Attachment 5.
Conclusion
Framework, the Local Planning Policy Framework, including the Municipal Strategic
Statement as well as the recommendations of the Wonthaggi Dalyston Structure Plan
2008 and the Wonthaggi North East Development Plan 2010.
The subject land was recently rezoned and included in the Residential 1 Zone as part
of Amendment C113, supported and adopted by Council in 2010. Development of
the land for residential purposes is consistent with the objectives and strategies of the
State Planning Policy Framework and the Local Planning Policy Framework. In
particular, it will facilitate implementation of settlement, housing, built environment,
transport and infrastructure objectives and strategies. In addition, it applies the
intentions and recommendations of the Wonthaggi North East Development Plan to the
subject area.
The Development Plan is generally consistent with the requirements of the
Development Plan Overlay - Schedule 21. It provides an adequate response to site
constraints, surrounding land uses and retains archaeologically and ecologically
significant areas in reserves.
Recommendation
1. That Council resolve to approve the Development Plan under Schedule
21 to the Development Plan Overlay (Clause 43.04 of the Bass Coast
Planning Scheme).
2. That before the development plan for the land known Lots 1 and 2 on
LP211687 (26-30 Oates Road, Wonthaggi) and Part Lot 2 on PS506140
(60 Oates Road, Wonthaggi) is endorsed Council enters into a Section
173 Agreement with the proponent that provides for contributions to:
 Items identified as relevant in the Wonthaggi North East
Development Contributions Plan.
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Attachments
AT-1
AT-2
AT-3
AT-4
AT-5
Oates Road ODP
Development Plan Schedule 43 04s21
Clause 56 Assessment
CONFIDENTIAL - Submissions
CONFIDENTIAL - Draft S173 agreement
1 Page
4 Pages
2 Pages
9 Pages
9 Pages
Council Decision
Moved: Cr. Gareth Barlow / Seconded: Cr. John Duscher
CARRIED
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DPO21 - Wonthaggi Growth Areas - Development Plan Application Wonthaggi Industrial Estate, Carneys Road, Wonthaggi
File No:
Department:
CM11/1001
communities.
Declaration
Summary
Council received an application on 5 October 2011 for an industrial development in
Wonthaggi. In accordance with the Development Plan Overlay which applies to the
site, a Development Plan application must be submitted for approval by Council. The
proposed Development Plan is included here at Attachment 1.
Plan Overlay, Schedule 16. An assessment of the development plan against the
requirements of the overlay is included at Attachment 2.
The development plan provides a broad layout for development, including the traffic
network, open space and drainage.
Supporting documentation submitted with the Development Plan application also
shows the footpath network, stormwater treatment area and response to vegetation
across the site.



An outline of the proposed Section 173 Agreement for the provision of off-site
infrastructure linked to the development; and

Introduction
Subject Site and Surrounds
The subject site is located in Wonthaggi and is bounded by Carneys Road and an
industrial estate to the west, as well as farmland to the south. Land to the north and
east of the site has recently been rezoned for industrial and business use, as part of
the same Planning Scheme amendment which rezoned the subject site.
The total area measures approximately two 7.51 hectares.
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The Development Plan is included here at Attachment 1.
An assessment of the proposed Development Plan for the subject site against the
requirements of Development Plan Overlay – Schedule 21 is included at
Attachment 2.
The Development Plan was placed on informal exhibition for public comment on
Monday 31 October 2011. The informal exhibition period closed on Tuesday 15
November 2011.
The formal exhibition of the Development Plan is not required under the Planning and
Environment Act 1987, but it provides further opportunity for interested parties to
make submissions and be kept informed about the proposed development.
Submissions
Two submissions were received from surrounding landowners. The concerns raised
in the submissions can be summarised as;
 Concern about the management of stormwater across the site and onto
adjacent properties;
 Concern that the drainage reserve had been nominated as Open Space; and
 Concern that the removal of an easement and the relocation of the services
infrastructure would disconnect the owner’s property from access to those
services.
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Neither submitter objected to the Development Plan, but wanted their respective
concerns addressed.
Referral Authorities
Submissions were received from:
 South Gippsland Water
 West Gippsland Catchment Management Authority; and
 Telstra.
Internal Departments
Advice was received from the Infrastructure and Property Management, and the Arts
and Leisure teams; recommended changes have been incorporated into the
Development Plan submitted for approval.
Proposed Section 173 Agreement
Development Plan Overlay – Schedule 21 includes the following requirement:
Before a permit is issued the owners of the land must enter into an Agreement
with the responsible authority pursuant to Section 173 of the Planning and
Environment Act 1987.
In preparation for the Planning Scheme Amendment to rezone land in the Wonthaggi
North East Growth Area, a development contribution plan was prepared by Urban
Enterprises.
This plan identified infrastructure items that would need to be provided in order to
support development in the growth area. It included provision for community
infrastructure, roads, open space and drainage. The identification of these types of
infrastructure reflects the direction provided in the Planning and Environment Act 1987,
about what Council can seek as a contribution.
As part of the assessment of the Development Plans key off-site infrastructure items
were linked to each development and formed the basis for preparing the draft Section
173 Agreements.
By entering into the Section 173 Agreements the developer is making a commitment
to contribute toward the provision of this infrastructure.
Equally, Council is making a commitment to facilitate the construction of this
infrastructure. This will be achieved by having works built in lieu of financial
contributions by developers, or by incorporating the identified items into Council’s
capital expenditure program.
As the Wonthaggi North East Growth Area develops, there are some infrastructure
items that will require additional funding above the contributions collected through
the agreement. This might occur because:
 The infrastructure item is identified as benefiting the entire community, and the
nexus or need extends beyond the Wonthaggi North East Growth Area. This is
known as external demand. An example of this is the proposed wetlands and
stormwater management system in the north east corner of the Wonthaggi North
East Growth Area which will receive water from existing the existing urban areas
of Wonthaggi; or
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 There is a change to best practice techniques for construction or provision of
infrastructure that means extra capital is required to meet regulations or
standards.
The additional funding is probably better described as future operating budgets. The
items included in the development contribution plan are essential as they are the
fundamental infrastructure requirements which enable growth. It is important to
recognise that Council will be able to:
 Plan for these projects through the capital expenditure program and strategic
resource planning;
 Partly funded through contributions collected through the proposed Section 173
Agreements, like the one proposed for the Summerfields Development; and
 Apply for grants and work with state agencies to secure funding.
In relation to the Wallis Watson Industrial Development, infrastructure items have
been identified and a draft Section 173 Agreement has been prepared. There is an
option for some items to be constructed in lieu; otherwise financial contributions will
be made toward the provision of open space, roads and drainage and collected in
reserves until the Council includes the items in the capital expenditure program.
Strategic Basis
Clause 11 - Settlement
retail, industrial, recreational, institutional and other community uses.
regional level.
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Clause 12 Environmental and Landscape Values
12.01-2 Native vegetation management
The objective of this clause is to achieve a net gain in the extent and quality of native
vegetation by applying the three step process as set out by Victoria’s Native Vegetation
Management – A Framework for Action, which aims to avoid adverse impacts on native
vegetation as a priority, minimise the impacts through appropriate consideration in
the planning process if it cannot be avoided and identify appropriate offset options.
Clause 15 Built Environment and Heritage
15.01-1 Urban design
The objective of this clause is to create urban environments that are safe, functional
and provide good quality environments with a sense of place and cultural identity by
promoting good urban design to make the environment more liveable and attractive.
Development applications should include a site analysis and descriptive statement
explaining how the proposed development responds to the site and its context, and
should encourage retention of existing vegetation or revegetation.
15.01-2 Urban design principles
The objective of this clause is to achieve architectural and urban design outcomes that
contribute positively to local urban character and enhance the public realm while
minimising detrimental impact on neighbouring properties.
In particular, new development should create urban environments that enhance
personal safety and property security and where people feel safe to live, work and
move in at any time.
cycling.
15.01-4 Design for safety
Planning should encourage neighbourhood design that makes people feel safe, by
ensuring the design of buildings, public spaces and the mix of activities contribute to
safety and perceptions of safety.
Clause 18 Transport
18.01-1 Land use and transport planning
Planning is to create a safe and sustainable transport system by integrating land-use
and transport. Plan urban development to make jobs and community services more
accessible by:

Ensuring access is provided to developments in accordance with forecast demand,
taking advantage of all available modes of transport and to minimise adverse
impacts on existing transport networks and the amenity of surrounding areas.

Coordinating improvements to public transport, walking and cycling networks
with the ongoing development and redevelopment of the urban area.

Requiring integrated transport plans to be prepared for all new major residential,
commercial and industrial developments.
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Clause 19 Infrastructure
Strategic planning should facilitate efficient use of existing infrastructure and human
services. Providers of infrastructure, whether public or private bodies, are to be
guided by planning policies and should assist strategic land use planning.
19.03-1 Development contribution plans
Planning should facilitate the timely provision of planned infrastructure to
communities through the preparation and implementation of development
contributions plans.

Protect and enhance natural water systems.

Integrate stormwater treatment into the landscape.

Protect quality of water.

Reduce run-off and peak flows.

Minimise drainage and infrastructure costs.
This clause deals with Settlement Hierarchy. It identifies Wonthaggi as a regional
centre with high spatial growth capacity. Large scale residential growth within the
town boundary, particularly the north east growth area is encouraged.
21.07-2 Catchment Management
Objective: To improve water quality and availability.
Strategy 1.1: Encourage the incorporation of water sensitive urban design principles
into future, and, where practicable, existing urban subdivisions, in
accordance with Council’s Stormwater Management Policy at Clause
22.01.
Objective 2: To ensure new use or development does not cause water pollution,
land degradation or pose a threat to the sustainable productive capacity
of the Shire’s major economic base.
Strategy 2.1: Ensure development and associated road infrastructure works minimise
impacts on stormwater quality, and sediment and nutrient loads to
local waterways.
Strategy 2.2: Improve water quality by better management of urban stormwater
inflows.
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sites.
Strategy 1.1
Strategy 1.2
impact on sites.
Objective 2: To have an effective and efficient road network throughout the
municipality.
Strategy 2.1: Require full street construction and drainage works for all new
subdivisions in urban areas.
Objective 4:
To create a shared path network between and within towns.
Strategy 4.1: Provide pedestrians and cyclists with safe routes along coastal roads, in
foreshore areas, and around popular recreational/tourist areas in
accordance with the Bass Coast Shire Bicycle Strategy
Strategy 4.2: To facilitate the expansion of the bicycle network in accordance with
the Bass Coast Shire Bicycle Strategy, including a combined bicycle and
pedestrian path around Phillip Island.
Clause 21.09-3 Open Space and Recreation
Strategy 2.1
Link recreation areas by pedestrian and cycle networks within, and
between, towns.
Clause 21.10-11 Wonthaggi
The Wonthaggi Strategic Framework Plan establishes a clear direction for the future
physical form of Wonthaggi in that it identifies the preferred location for the various
forms of land uses within the township.
Land Uses

Encouraging industrial and associated uses to locate away from residential and
recreational areas.
Applying the recommendations of the Bass Coast Open Space Strategy (2008)
including:

Providing pedestrian/bicycle links between open space nodes.

Providing pedestrian/bicycle linkages between open space nodes and the
Wonthaggi commercial area.

Providing pedestrian/bicycle linkages between the Wonthaggi commercial centre
and the educational precinct.
Industrial

Supporting a consolidated industrial precinct located south of Inverloch Road, as
shown in the Wonthaggi Strategic Framework Plan.
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Encouraging the relocation of existing industrial uses to appropriate areas as
shown in the Wonthaggi Strategic Framework Plan.
Clause 22 Local Planning Policies

To maintain and enhance stormwater quality introduced to the drainage and waterway
environment of the Shire.

To maintain stormwater flows and discharges at a maximum of the pre-development
flow level.

To maximise the effectiveness of stormwater infrastructure in protecting the waters of
Bass Coast Shire.
Wonthaggi Dalyston Structure Plan
The Wonthaggi Dalyston Structure Plan was adopted by Council in September 2008. The
Structure Plan provides a basis for informed forward planning in response to identified
opportunities and constraints, the community and stakeholders expectations and the
needs of the future population of Wonthaggi and Dalyston.
The objectives of the Wonthaggi Dalyston Structure Plan, which are generally consistent
with Clause 21.04 (Vision) of the State Planning Policy, are:

To contain residential development and related urban land uses within existing activity
nodes;

To facilitate increased housing densities in proximity to commercial centres, community
facilities and services; and

To facilitate effective and efficient road, pedestrian, cycling and drainage networks
throughout the Shire.
Finances
is no fee payable by the Applicants for the assessment of development plans.
Other costs involve legal costs required for the preparation of the Section 173
Agreement.
Stakeholders
The Development Plan was exhibited informally to stakeholders who had an interest
in the application, including adjacent landholders, as well as internal and external
referrals. The Planning and Environment Act 1987 does not have any specific regulations
regarding development plan processes, including notification. Therefore, given that the
of the Industrial 1 Zone, no further actions to exhibit the development plan are
required.
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Referral Authorities will be provided the opportunity to offer further feedback as part
Planning Permit application to subdivide the land.
Other Options
1. The first, as recommended by this report, would be to adopt and endorse the
Development Plan.
Implications for Council: Endorsement of the Development Plan will ensure that
future development of the land is consistent with the requirements of the
Development Plan Overlay – Schedule 21.
Implications for Council: A potential implication of making changes to the
Development Plan could include the revised plan not being consistent with the
provisions of Development Plan Overlay – Schedule 21. There is also a risk that
stakeholders would not have had a fair opportunity to comment if the changes are
significant.
3.
The third option is not to adopt the Plan.
Implications for Council: Council would not be implementing the strategic planning
objectives for the Wonthaggi growth area, for which development of the land for
residential use is supported by the Wonthaggi Dalyston Structure Plan 2008 and the
Wonthaggi Strategic Framework Plan.
Framework, the Local Planning Policy Framework, including the Municipal Strategic
Statement as well as the recommendations of the Wonthaggi Dalyston Structure Plan
2008.
The Development Plan
The Development Plan application clearly shows the proposed land uses, including
areas for industrial allotments, drainage and the internal road layouts.
An assessment of the development plan against the requirements of the Development
Plan Overlay – Schedule 21 has been provided at Attachment 2. It was found that
the requirements of the Development Plan Overlay had generally been met, or could
be met through the contribution towards off-site infrastructure.
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Assessment against Development Plan Overlay - Schedule 21
The development plan shows the road layout, road reserve and road connections to
the surrounding industrial land, as well as a drainage reserve. These are the only
proposed land uses within the subject area. Development of the site will form a logical
extension of the existing industrial estate to the east.
Access to the site will be from Carneys Road and a new road (Railway Drive) which
will run along the southern boundary of the site. The existing unconstructed section
of John Street within the subject site will be constructed as part of the development.
Details about the new and existing intersections will be resolved through any future
subdivision application. However the road reserves set aside on the Development
Plan cater for the turning movements of the largest transport vehicles using the road
network.
Drainage from the site will be directed north through the proposed drainage reserve,
in alignment with the Wonthaggi North East Drainage Strategy and the overall
Wonthaggi North East Development Plan.
The Wonthaggi North East Concept Development Plan does not identify an area for
open space within the development area. Development contributions towards open
space areas identified in the overall Wonthaggi North East Development Plan is being
sought from the developers of the land, which will be formally collected through a
Section 173 Agreement.
31 October 2011 and continued through to 15 November 2011.
Two submissions were received during this period (Attachment 3 & 4 –
Submissions – Wonthaggi Industrial Estate, Carneys Road).
The concerns raised in the submissions can be summarised as:
 Concern about the management of stormwater across the site and onto
adjacent properties
Comment
The drainage reserve indicated on the Development Plan has been designed in
accordance with the requirements of the Wonthaggi North East Drainage Strategy. It
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has been designed to cater for 1:100 hundred year flood events and contain the water
within the designated reserve.
 Concern that the drainage reserve had been nominated as Open Space
Comment
This has been changed on the Development Plan. The drainage corridor will include a
bicycle track that connects to the broader network included in the Wonthaggi North
East Growth Area.
 Concern that the removal of an easement and the relocation of the services
infrastructure would disconnect property form access to those services
The rights of the property owner to the south of the subject site are not undermined
by the re-location of the easement. The easement is in place for the water supply
infrastructure. The developer of the subject site has a responsibility to ensure that the
land to the south continues to receive water. The pipes will be relocated and a new
easement created. This will occur during the subdivision of the subject site.
Section 173 Agreement
Contributions toward the provision of community and services infrastructure are a
critical element of facilitating urban growth. Council worked with Urban Enterprises
to prepare the Wonthaggi North-East Development Contributions Plan, 2010 to support
the implementation and realisation of the Wonthaggi North East Growth Area.
The type of infrastructure items identified in the Urban Enterprise work reflect the
type of items prescribed by Section 46J of the Planning and Environment Act 1987.
Working from this, the particular infrastructure items have been identified for the
Wonthaggi North East Growth area using a needs and nexus analysis. This analysis
looks at the impact new development will have on existing public infrastructure, the
provision of new infrastructure required to support urban growth.
The analysis separates infrastructure items you can reasonably expect to be provided
by the subdivision of land, and those which provide greater community benefit and an
integrated design outcome, that networks roads and manages drainage.
A Section 173 Agreement, as required under the Development Plan - Schedule 21
provides the mechanism to secure contributions for infrastructure in the Wonthaggi
North East Growth Area.
The contributions will go toward the provision of:

Community facilities;

Open Space, Trails, and Park Infrastructure;

Road Infrastructure; and

Drainage Infrastructure.
The draft Section 173 Agreement for the Wonthaggi Industrial Estate, Carneys Road
development is included here at Attachment 5 – Section 173 Agreement.
Conclusion
There is strong strategic justification for industrial development of the subject land.
The Wonthaggi Dalyston Structure Plan 2008 identified the land as suitable for industrial
use and this was later incorporated into the Bass Coast Planning Scheme through
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Bass Coast
Shire Council
amendment C113 and the Wonthaggi Strategic Framework Plan. In early 2011, the
subject land was rezoned to Industrial 1 Zone as part of Amendment C116.
The amendment also applied Development Plan Overlay - Schedule 21 Wonthaggi
Growth Areas to ensure that any development of the land was consistent with the
adopted Wonthaggi North East Growth Area Concept Plan.
As assessment of the proposed Development Plan against the requirements of the
Development Plan Overlay - Schedule 21 has found that it generally meets the
objectives and is consistent with the requirements. The proposed design supports the
objectives and strategies of the Bass Coast Planning Scheme, in particular those
relating to Clause 21.10 Local Areas and more specifically Clause 21.10-11
Wonthaggi.
Recommendation
1. That Council resolve to approve the Development Plan under
Schedule 21 to the Development Plan Overlay (Clause 43.04 of the
Bass Coast Planning Scheme).
2. That before the development plan for the subject land known as:
-
Lot 1 on Title Plan 167690Y
is endorsed, that Council enters into a Section 173 Agreement with
the proponents that provides for contributions to:
Infrastructure items identified in Wonthaggi North-East
Development Contributions Plan, 2010.
Attachments
AT-1
AT-2
AT-3
AT-4
AT-5
Development Plan
Assessment Against DPO
CONFIDENTIAL - Submission 1
CONFIDENTIAL - Submission 2
CONFIDENTIAL - Draft S173 Agreement
1 Page
3 Pages
2 Pages
3 Pages
15 Pages
Council Decision
Moved: Cr. John Duscher / Seconded: Cr. Gareth Barlow
CARRIED
Page 149
E.9
Bass Coast
Shire Council
Petition; No McDonalds on Phillip Island
File No:
Department:
CM11/1107
Advocacy
We will use a strong voice and
accurate information to advocate for
the best quality lifestyle for our
communities.
Declaration
The reporting officer does not have any direct or indirect interests in this matter.
Summary
Council received and tabled a petition containing 2,611 names and signatures stating
the following:
“No McDonalds on Phillip Island.
Please help support small businesses and help us keep McDonalds out of Phillip
Island by joining this petition to say WE do not want a McDonalds here. Thank
you.”
Division 9, clause 63.2 of the Bass Coast Shire Council Meeting Procedure Local Law
2009 states:
A petition or joint letter presented to Council must lay on the table until the next ordinary
meeting of Council and no motion, other than to receive the petition or joint letter may be
accepted by the Chairperson, unless the Council agrees to deal with it earlier.
Introduction
Council generally receives petitions from the community about projects or
developments that require a Council decision.
The petition tabled at the Ordinary Council meeting of 21 November 2011 does not
relate to a specific application or proposal before Council.
The statement at the head of the petition anticipates the establishment of a well
known international fast food corporation on Phillip Island. It asks signatories to
support small business and oppose the named business.
The petition does not specifically ask Council to undertake any action.
However, it suggested that because the petition was submitted to Council, that there
is an expectation that Council would support the petition and establish a formal
position in relation to the issue.
The response Council can make to the petition is limited.
If there was a planning permit application Council could consider the merits of the
application against the provisions of the Bass Coast Planning Scheme and the
objectives of the Planning and Environment Act 1987, and in doing that take into
consideration the concerns of the community.
Page 150
Bass Coast
Shire Council
Should Council support the petition?
The statement the petition asks signatories to support is very open. There is no
material supporting the implicit assertion that small businesses will become unviable if
a McDonalds Restaurant establishes a store on the Island. There is no detail; nothing
to point out that the position taken by the small business community is based on any
concrete evidence that McDonald’s intends to establish a restaurant on Phillip Island.
Council has no policy, no strategic objectives, which would a support a position that
stated that there should be no McDonalds Restaurant on Phillip Island.
Council has no policy, no strategic objectives, no planning controls that set out which
fast food businesses are acceptable, and which are not.
Council does have planning policy that supports establishment of new businesses. The
following objective is included in Clause 21.06 (Commercial) of the Bass Coast
Planning Scheme;
Objective 1
To support the development of new and existing businesses within the
municipality.
Strategy 1.1
Provide opportunities for increased business diversification and expansion,
including the development of export income streams.
Strategy 1.2
Facilitate the establishment and further development of new enterprises and
provide opportunity for increased business diversification.
Conclusion
For the reasons set out above, it is recommended that Council does not formally
support the petition.
The significant number of signatures should be acknowledged, and the views
expressed by the signatories noted.
It should be acknowledged that there is no application before Council seeking to
establish a McDonalds Restaurant on Phillip Island
It should be acknowledged that a permit is not required to use land for a food and
drink premises (McDonalds Restaurant) under the provisions of a number of planning
zones within Bass Coast Planning Scheme. This is consistent across the State.
It should be acknowledged that the Bass Coast Planning Scheme does not make a
distinction between McDonalds and any other food and drink premises.
It is also recommended that Council pass the petition on to the McDonalds
Corporation for information purposes only, on behalf of the community.
Recommendation
That Council;
1. Receive the report
2. Forward the petition to the McDonalds Corporation.
Page 151
Bass Coast
Shire Council
Attachments
There are no attachments for this report.
Council Decision
Moved: Cr. Gareth Barlow / Seconded: Cr. Jane Dore Daly
That Council;
1. Receive the report
2. Forward the petition to the McDonalds Corporation.
3. Notify the head petitioner of Council’s decision.
Ms Duncan-Jones left the meeting at 7.04pm
Ms Duncan-Jones returned to the meeting at 7.08pm
Mr Luna left the meeting at 7.14pm
CARRIED
Page 152
E.10
Bass Coast
Shire Council
Land Acquisition - Justice Road and Settlement Road Cowes Roundabout
File No:
Department:
CM11/1081
Infrastructure
communities.
Declaration
Summary
Council is undertaking a project under the Nation Building Blackspot Program to
construct a roundabout at the intersection of Justice Road and Settlement Road
Cowes.
To facilitate the design and construction, it will be necessary to acquire land for road
widening purposes on two properties adjacent to the proposed roundabout.
It is recommended that Council commence the compulsory acquisition process to
acquire the land for road widening purposes.
In order to acquire the land Council will need to make a decision at a future meeting.
This report simply commences the process that would allow the acquisition to occur.
Introduction
The construction of a roundabout at the intersection of Justice Road and Settlement
Road Cowes is to be undertaken as part of the Nation Building Blackspot Program.
The existing intersection is currently a crossroad configuration. This intersection has
been the site of traffic accidents in the past and therefore has qualified for funding as it
is considered a blackspot area.
Road widening and drainage works, necessary to facilitate the construction of the
roundabout, will encroach on two properties adjacent to the existing road reserve.
Attachment 1, 2 and 3 of this report show plans detailing the location of the land that
is intended to be acquired.
Council is required to acquire a parcel of land from each of these private properties
for the purpose of road reserve prior to construction of the roundabout.
Strategic Basis
The construction of the roundabout is consistent with the Council Plan, Municipal
Strategic Statement and Urban Streets Improvement Policy.
Finances
Section 187 of the Land Acquisition and Compensation Regulations Act 1998 requires
that Council pay any reasonable expenses, which the affected landowner will incur in
Page 153
Bass Coast
Shire Council
relation to the proposed acquisition. These expenses may include obtaining the help
of a solicitor, valuer or other professional adviser. Fees may be in the order of $2,000
to $5,000.
The cost of compensation is estimated to be within the range of $10,000 to $14,000
for 513 Settlement Road and $14,000 to $18,000 for 520 Settlement Road depending
upon the value of the land. The cost of the land acquisition for the road widening is
to be fully recovered through the Nation Building Blackspot Program.
Stakeholders
The primary stakeholders for the land acquisition will be the owners of the land to be
acquired and the wider community.
Landowners involved in any such land acquisitions are always compensated. This will
be the subject of a future valuation and negotiations with the landowners.
Section 187 of the Local Government Act 1989 gives Council the following power:
 A Council may purchase or compulsorily acquire any land which is, or may be,
required by the Council for, or in connection with, or as incidental to, the
performance of its function or exercise of its powers.
 Council has the power under the Land Acquisition and Compensation Act to
acquire land. The land is required for road widening purposes, as part of the
Nation Building Blackspot Program at the corner of Justice Road and
Settlement Road Cowes for the upgrade of the intersection.
 Land to be acquired by Council normally requires that the land first is
reserved under a planning instrument. A drainage easement or land for minor
road widening however can be acquired as long as the value of the
unencumbered freehold interest in the land is not reduced by more than ten
percent and no more than ten percent of the land can be acquired.
Council has to comply with the following steps in order to compulsorily acquire an
interest in land
Stage
1
2
3
4
5
Description
Council resolves that it intends to acquire an interest in
the land
Serve Notice of Intention to Acquire an Interest in Land
in accordance with Section 8(1) and 8(2) of the Land
Acquisition and Compensation Act.
Advise the responsible authority in accordance with
sections 3 and 9 of the Land Acquisition and
Compensation Act.
Lodge a Notice with the Registrar of Titles in accordance
with Section 8(3)(b)(1) and 10(1)(a) of the Land
Council resolves that it acquires the land
Indicative
Timeframes
This report
December 2011
December 2011
December 2011
March 2012
Page 154
Stage
6
7
8
Bass Coast
Shire Council
Description
Indicative
Timeframes
Place a Notice in the Government Gazette after 2
months and no later than 6 months from issue of the
Notice of Intention to Acquire in accordance with
Sections 16, 19, 20 and 24 of the Land Acquisition and
Compensation Act.
Place notice of acquisition of Interest in Land in a local
newspaper in accordance with Section 3 of the Land
Serve Notice of Acquisition and make an offer of
compensation within 14 days of acquisition (date the
Notice)
March 2012
March 2012
March 2012
Council then deals with disputed claims for compensation in accordance with the
Land Acquisition and Compensation Act.
Other Options
There are no other economic options available for road widening of the area.
The land acquisition for the road widening will allow the roundabout construction
works to proceed as planned.
Plans are attached to this report detailing the location of the land that is intended to
be acquired.
Recommendation
1. That the Council resolves that it declares its intention to acquire an
interest in the area of land as shown in Column 2 of Schedule 1 from
the owner of land as shown in Column 1 of the Schedule 1, for use
as road purposes.
2. That in accordance with Section 3, 8(1), 8(2), 8(3)(b)(1) and 10
(1)(a) of the Land Acquisition and Compensation Act 1986, Council
resolves to serve Notice of Intention to Acquire on the property
owners, advise the responsible authority and lodge a notice with the
Registrar of Titles.
Title Information
Schedule 1
Column 1
Volume/Folio
Property
Address
Lot 548 LP51893
8659/026
Lot 2 PS 610758
11109/288
513 Settlement
Road Cowes
520 Settlement
Road Cowes
Column 2
Approximate
area to be
acquired (sq.m)
20
20
Page 155
Bass Coast
Shire Council
Attachments
AT-1 Land Acquisition Plan for 513 Settlement Road 2 Pages
AT-2 Land Acquisition Plan for 520 Settlement Road 2 Pages
AT-3 Roundabout layout plan with land acquisition
1 Page
Council Decision
Moved: Cr. Peter Paul / Seconded: Cr. Gareth Barlow
CARRIED
Page 156
E.11
Bass Coast
Shire Council
Land Acquisition for Drainage Easements - Pine Avenue Churchill Drive
Estate Area Special Charge Scheme No 25
File No:
Department:
CM11/1088
Infrastructure
communities.
Declaration
The reporting officer does not have any direct or indirect interests in relation to the
issue.
Summary
At the Ordinary Council meeting of 27 July 2011 Council resolved its intention to
compulsorily acquire drainage easements on eight properties that have been included
in the Pine Avenue Churchill Drive Estate Area Special Charge Scheme Number 25.
Plans of the creation of easement are attached for Council’s information.
A notice of Council’s intention to acquire an interest in these properties was served
on the landowners on 1 August 2011. Council is required to acquire the land within
six months of serving the notice of intention.
The acquisition for land of the eight properties is necessary for Council to be able to
proceed with drainage works for the Pine Avenue Churchill Drive Estate Area Special
Charge Scheme.
It is recommended that Council proceed with the acquisition process and formally
acquire the land to create easements for the purpose of drainage.
Introduction
After Council resolved its intention to acquire the land, the next step was to notify
affected property owners and the Land Titles Office Victoria of this intention.
The notice of intention was forwarded to all those persons with an interest in the
land (property owners and mortgagees) and a notice lodged with the Land Titles
Office Victoria.
An independent land valuer, Westernport Property Consultants, determined the
valuation. This detailed the amount of compensation payable in relation to the land
values for the affected properties, and is shown in Column 3 of the table below.
The Land Acquisition and Compensation Regulations 1998 require Council to
compensate the landowner for:
1. Value of land and may include amounts for any special value to the landowner of
the land acquired (Column 3).
2. Compensation due to disturbance (for instance if the landowner has to move to
other land) or an amount for the decrease in value of land which is owned and
which is connected with the land which is acquired (Column 4).
Page 157
Bass Coast
Shire Council
The total of the compensation valuation for the property is shown in Column 5 of the
following table.
Column 1
Title
Information
Volume/
Folio
Column 2 Column 3 Column 4
Column 5
Property
Address
Area to
Other
Land
Total Offer of
be
Valuation ($) Expenses Compensation
($)
acquired
($)
(m2)
$2,000
$1,200
$3,200
513 Settlement 10.635
Road Cowes
Lot 548 LP
51893
8659/026
Lot 549 LP
51893
10964/667
511 Settlement
Road Cowes
10.635
$1,500
$1,800
$3,300
Lot 550 LP
51893
9217/056
509 Settlement
Road Cowes
10.635
$1,000
$1,200
$2,200
Lot 551 LP
51893
9286/386
507 Settlement
Road Cowes
10.635
$2,500
$1,200
$3,700
Lot 552 LP
51893
8858/599
505 Settlement
Road Cowes
10.635
$1,000
$1,200
$2,200
Lot 615 LP
51893
8841/564
31 Plover
Street Cowes
9.629
$1,000
$1,500
$2,500
Lot 703 LP
51893
8659/030
15 Churchill
Drive Cowes
60.989
$13,000
$1,600
$14,600
Lot 106 LP
51422
8376/654
12 Pine
Avenue Cowes
53.889
$6,600
$0
$6,600
Note: (1) Council would be required to reimburse any additional costs based on
independent legal, valuation or other professional costs, which the landowner has to
pay. This may be in the order of $5,000 to $10,000.
The easements are required for the purpose of drainage works associated with the
scheme. This report is required in order to formalise the commencement of the land
acquisition process for the properties involved.
Strategic Basis
The construction of road and drainage works for the Special Charge Scheme is
consistent with the Council Plan, Municipal Strategic Statement and Urban Streets
Improvement Policy.
Finances
Section 187 of the Land Acquisition and Compensation Regulations Act 1998 requires
that Council will pay any reasonable expenses, which are paid by the affected
landowner. These expenses may include obtaining the help of a solicitor, valuer or
other professional adviser. Fees may be in the order of $5,000 to $10,000 per
property.
The total of the compensation valuation for the easements is detailed in the table
within the Introduction section of this report.
Page 158
Bass Coast
Shire Council
Drainage Easement Acquisition
The value of the compensation for the creation of an easement is related to the value
of the land plus costs associated with disturbance and of the land. The cost of the
land acquisition for the creation of the drainage easements is to be fully recovered
through the Pine Avenue Churchill Drive Area Special Charge Scheme No 25.
Stakeholders
The primary stakeholders for the drainage easements will be the property owner(s)
of the land to be acquired and the wider community.
Section 187 of the Local Government Act 1989 gives Council the following power:
 A Council may purchase or compulsorily acquire any land which is, or may be,
required by the Council for, or in connection with, or as incidental to, the
performance of its function or exercise of its powers.
 Council has the power under the Land Acquisition and Compensation Act to
acquire land. The land is required for easement drainage, as part of the special
charge scheme.
 Land to be acquired by Council normally requires that the land first is reserved
under a planning instrument. A drainage easement or land for minor road
widening however can be acquired as long as the value of the unencumbered
freehold interest in the land is not reduced by more than ten percent and no
more than ten percent of the land can be acquired.
Council has to comply with the following steps to compulsorily acquire an interest in
land.
The statutory process may be summarised as follows:
Stage
1
2
3
4
5
6
Description
Council resolves that it intends to acquire an interest in the
land
Serve Notice of Intention to Acquire an Interest in Land in
accordance with Section 8(1) and 8(2) of the Land
Advise the responsible authority in accordance with
section 9 of the Land Acquisition and Compensation Act.
Lodge a Notice with the Registrar of Titles in accordance
with Section 8(3)(b) and 10(1) of the Land Acquisition and
Compensation Act.
Council resolves that it acquires the land
Place a Notice in the Government Gazette after 2 months
and no later than 6 months from issue of the Notice of
Intention to Acquire in accordance with Sections 16, 19, 20
and 24 of the Land Acquisition and Compensation Act
1986.
Progress
Completed
Completed
Completed
Completed
This Stage
This Stage
Page 159
Stage
7
8
9
Bass Coast
Shire Council
Description
Progress
Place notice of acquisition of Interest in Land in a local
newspaper in accordance with Sections 19 and 23 of the
Land Acquisition and Compensation Act 1986.
Serve Notice of Acquisition and make an offer of
compensation within 14 days of acquisition (date the
Notice appears in Government Gazette) in accordance
with Sections 22 and 31.
Council then deals with disputed claims in accordance with
the Land Acquisition and Compensation Act 1986.
This Stage
This Stage
Next Stage
Other Options
The acquisition of land for the purpose of drainage easements is required in order to
construct drainage works as part of the Special Charge Scheme.
An alternative is to not acquire the land. Consequently the proposed drainage that
forms part of the works declared under the Pine Avenue and Churchill Drive Estate
Area Special Charge Scheme could not proceed.
A large number of properties within the Special Charge Scheme would be impacted
by this alternative. These properties are seen to gain benefit from the drainage.
Withdrawing these sections of the drainage from the scheme would mean that
Council could not proceed with the scheme as it currently stands because the benefit
to properties derived from the drainage works would be significantly altered.
Based on this, it is recommended to acquire the land for the purpose of drainage
easement.
The acquisition of the land would enable the construction of low impact drainage
works as part of the special charge scheme. The creation of the easement is
necessary to legally allow the construction of this infrastructure.
It is recommended that Council proceed with the acquisition of the easements and
offer of compensation is made to the landowners.
Recommendation
Council resolve to:
1. Acquire an interest in the land as shown in Schedule 1 below from the owner
of the properties shown in Column 1 for drainage purposes identified in
Column 6 for those properties.
2. In accordance with Sections 16, 19, 20, 21, 22 and 23 of the Land Acquisition
and Compensation Act 1986, advertise the notice of acquisition in the
Government Gazette and the South Gippsland Sentinel Times and serve the
notice of acquisition on the persons whom the Notice of Intention to Acquire
was served and any other person who had an interest in the land.
3. In accordance with Section 31 of the Land Acquisition and Compensation Act
1986, that the compensation as shown in Column 5 of Schedule 1 be offered to
Page 160
Bass Coast
Shire Council
the owner(s) of the property shown in Column 1 of Schedule 1.
Schedule 1
Column 1
Title
Volume/
Information Folio
Property
Address
Column
2
Column 3 Column 4
Column 5
Column 6
Area to
be
acquired
(m2)
10.635
Land
Valuation
($)
$2,000
$1,200
$3,200
Drainage
Easement
Other Total Offer of Interest
Expenses Compensation Acquired
($)
($)
Lot 548 LP
51893
8659/026 513 Settlement
Road Cowes
Lot 549 LP
51893
Road Cowes
10.635
$1,500
$1,800
$3,300
Drainage
Easement
Lot 550 LP
51893
Road Cowes
10.635
$1,000
$1,200
$2,200
Drainage
Easement
Lot 551 LP
51893
Road Cowes
10.635
$2,500
$1,200
$3,700
Drainage
Easement
Lot 552 LP
51893
Road Cowes
10.635
$1,000
$1,200
$2,200
Drainage
Easement
Lot 615 LP
51893
8841/564 31 Plover
Street Cowes
9.629
$1,000
$1,500
$2,500
Drainage
Easement
Lot 703 LP
51893
8659/030 15 Churchill
Drive Cowes
60.989
$13,000
$1,600
$14,600
Drainage
Easement
Lot 106 LP
51422
8376/654 12 Pine Avenue
Cowes
53.889
$6,600
$0
$6,600
Drainage
Easement
Attachments
AT1
AT2
AT3
AT4
AT5
AT6
AT7
AT8
CONFIDENTIAL - 513 Settlement Road, Cowes Compensation
Assessment
Assessment
Assessment
CONFIDENTIAL - 31 Plover Street, Cowes Compensation
Assessment
CONFIDENTIAL - 15 Churchill Drive, Cowes Compensation
Assessment
CONFIDENTIAL - 12 Pine Avenue, Cowes Compensation
Assessment
CONFIDENTIAL - 511 Settlement Road Cowes, Compensation
Assessment
Assessment
22
Pages
22
Pages
22
Pages
22
Pages
22
Pages
21
Pages
24
Pages
22
Pages
Page 161
Bass Coast
Shire Council
Council Decision
CARRIED
Page 162
E.12
Bass Coast
Shire Council
Proposed sale of 70 Chapel Street, Cowes - Project Update
File No:
Department:
CM11/1073
Infrastructure
Good Governance
We will manage our resources
effectively, keep the community
engaged, listen to our communities'
concerns to create positive outcomes.
Declaration
Summary
This report provides Council with an update on the proposed sale of the property at
70 Chapel Street, Cowes.
It recommends that Council proceed to give effect to its earlier resolution to give
formal notice of its intention to sell the land and appoint a Committee in Council to
deal with submissions in relation to the sale of the land.
Introduction
Council received an update on progress with respect to the Cowes Town Square
Project at its Ordinary Meeting of 16 November 2011 (Item 1.6 refers). That report
noted that objections to the Planning Permit application required for vegetation
removal had delayed the project but that, to keep the project on track, a number of
project elements would be run in parallel rather than in sequence in order to make
more efficient use of time.
Consistent with this strategy, and consistent with Council’s prior resolution with
respect to the proposed sale of the land at 70 Chapel Street, Cowes Council officers
propose to also run elements of the sale process in parallel to maximise the efficiency
of the project (while meeting all legislative requirements).
At its Ordinary Meeting of 16 June 2010 Council considered a report on 70 Chapel
Street, Cowes (Item J.10 refers) and resolved:
That Council:
1. Develop a concept plan and relocate the toilet block and bus shelter
from the land at 70 Chapel St, Cowes to the road reserve near the
transport interchange.
2. Develop a concept plan for the creation of a town square at the Cowes
Cultural Centre in the area of the disused fountain.
3. Consider the allocation of funds in the September budget review to
undertake the recommendations outlined in points 1 and 2 above.
4. After the relocation of the toilet block and bus shelter are complete
commence the statutory processes to sell the land.
Page 163
Bass Coast
Shire Council
The public toilet has been relocated, and orders have been placed for the relocation
of the bus shelter, which is expected to commence in early February 2012 (ie after
the peak holiday period has ended). With the benefit of hindsight, there appears to
be no reason to wait until March-April 2012 to commence the statutory processes to
sell the land, given that the relocations required are now either complete (toilet
block) or certain (bus shelter).
Council officers believe that it is consistent with the intention of the Council
resolution of 16 June 2010 to commence the statutory processes to sell the land now
rather than waiting a further four months or so for no sound reason.
Council has already resolved ‘in principal’ to sell the land and there will now follow
the required statutory processes which will conclude with Council taking into account
all community submissions made before making a final decision.
Strategic Basis
The Vision for Council’s asset management function (as stated in the Asset
Management Policy initially adopted by Council in 2002, and the revised Asset
Management Policy and Asset Management Improvement Strategy 2006-2008 adopted
by Council at its Ordinary meeting on 13 December 2006) is that:
“We will provide and maintain assets in a sustainable manner to improve the quality
oflife and safety of the Bass Coast Community.”
Council seeks to achieve this vision by ensuring that (among other strategies):
• all council assets exist to support service delivery or enhance the environment
and/or quality of life of the residents
• all assets are created, acquired, maintained, rehabilitated or made obsolete to enable
council to meet its corporate plan strategies and objectives
• all council asset management activities will take place within a strategic framework
that is driven by service delivery needs within resource limitations
Finances
If the sale is to proceed, an independent valuation would be required to assess the
current market value, and thereby determine the reserve price. The 16 June 2010
Council Report referred to a potential value in the order of $850,000, which would
appear to be a reasonable ‘ball park’ figure.
Stakeholders
Council, nearby property owners and tenants, visitors to Cowes, the Cowes
community and ratepayers in general have an interest in this matter.
Section 189 of the Local Government Act 1989 sets out the requirements which must
be met if Council is to sell land:
 The proposed sale must be advertised at least four weeks prior to sale
 Council must obtain a valuation for the land not more than six months prior
to sale and
Page 164
Bass Coast
Shire Council
 Council must formally consider any submission received (in a manner that
satisfies the requirements of Section 223 of the Local Government Act 1989).
Council policy is that land is sold at a current market valuation, unless there are
sound public policy reasons to do otherwise.
In this instance, should Council ultimately resolve to proceed with the sale, having
considered any submissions that may be received, an independent valuation will be
used to set the reserve price. The marketing strategy and real estate agent to be
used will be determined by means of a formal Expression of Interest process which all
Phillip Island based agents will be invited to participate in. This will ensure the best
possible outcome for Council.
Council officers propose to place the required public notice in the local press before
the end of this year. This will enable submissions to be considered (whether made in
writing or in person) in February-March 2012, with a view to a final decision being
made in March-April 2012. The statutory four week period for submissions will be
extended by two weeks in order to make appropriate allowance for the Christmas
and New Year holiday period.
Other Options
Council could determine to act in strict accord with the wording of its resolution of
16 June 2010 and wait until the relocation of the bus shelter has been finalised before
placing the required public notice in the local press.
There would appear to be no sound reason to not overcome the delay created by the
strict wording of Council’s resolution of 16 June 2010 by bringing forward the
commencement of the statutory processes to sell the land.
No detriment would be caused to any stakeholder in any way. Even if the ultimate
decision were to not sell the land, having that decision made three or four months
earlier would make no practical difference.
An additional efficiency could be gained if submissions received (particularly those
made in person) were to be considered by a Committee of Council appointed for
that purpose, rather than by Council as a whole. The logistics of assembling all seven
Councillors for an additional meeting (or meetings) in their already busy schedules
would be formidable. Council officers would suggest that assembling a committee of
three Councillors would be much more efficient – while still giving submitters ample
opportunity to be heard. Of course, the final decision would still be made by the full
Council, not by the committee.
Recommendation
That Council
1. Commence the statutory process to sell the land
2. Appoint a Committee of Council, made up of the Mayor and two
Councillors, to consider all submissions made in response to the
required public notice.
Page 165
Bass Coast
Shire Council
Attachments
Council Decision
Moved: Cr. Gareth Barlow / Seconded: Cr. Peter Paul
Mr Luna returned to the meeting at 7.23pm
CARRIED
The Mayor called from nominations for two Councillors to join her on the
Committee of Council.
Cr Paul nominated himself.
Cr Barlow nominated himself.
Page 166
E.13
Bass Coast
Shire Council
Cowes Cultural Precinct Staged Development
File No:
Department:
CM11/1070
Community and Economic
Development
communities.
Previous Items:
SR24/09 - Presentation of the Final Report on the Cowes
Cultural and Civic Precinct Masterplan - Council - 22 April 2009
SR11/10 - Cowes Cultural and Civic Precinct Town Square
Project - Council - 17 November 2010
Declaration
Summary
Council decided in mid 2010 that it intends to sell the 70 Chapel Street site and that
the proceeds of the sale of the site be used to fund improvement works to the
Cowes Cultural Centre Precinct and also to create a town square on the site.
The town square works are planned to proceed in early 2012. The intended sale of
the 70 Chapel Street site would generate income to Council has identified needs to
be expended on the precinct and should be expended in the near future.
Council has developed a number of master plans for the site over a number of years.
The most recent master plan was developed for Council by Arup Consultants. The
Master Plan, of 2009, outlines a choice of two possible precinct scenarios as follows:
Scenario A – 2009 Budget estimate of $6.1 - $6.4 million
Scenario B – 2009 Budget estimate of $7.2 - $8.3 million
The Council will need to identify the current cost to undertake the staged
development of the Precinct.
The review of the concept plans and costs is required to allow the project to
proceed. Once the review is completed the current estimated cost of the project will
be identified and budget considerations, along with grant applications, can be further
developed.
To enable the project to progress, Council is asked to agree in principle to
undertaking the project as a staged development as outlined in Scenario A of the
Arup report. Council is also asked to refer funding to the December budget review,
or the 2012/2013 budget, in order to proceed with the review of the concept plans
and updated costs.
Introduction
Page 167
Bass Coast
Shire Council
Council decided in mid 2010 that it intends to sell the 70 Chapel Street site and that
the proceeds of the sale of the site be used to fund improvement works to the
Cowes Cultural Centre Precinct and also to create a town square on the site.
Council has commenced a project to develop a town square and these works are
planned for early 2012.
It is now necessary to consider the needs in relation to the Cultural Precinct
improvements on the basis that Council does sell the 70 Chapel Street site.
Council has undertaken a number of planning exercises in relation to the Cowes
Cultural Precinct over a number of years. The last master planning exercise was
undertaken by Arup Consulting in 2009 which identified options for the
redevelopment of the site. A copy of the Arup Master Plan is attached for Council’s
information (AT-1).
The Arup Master Plan outlines a choice of two possible precinct scenarios as follows:
The phases/stages of the two scenarios are summarised as follows Scenario A
Phase 1 - $2.1M
•
Library Extension
– Gallery Extension
–
Library/Museum
Refurbishment
– Gallery Refurbishment
– Café/Visitor Inf. Centre
•
Extension Multi function
area
–
– New hall space
Link to Cultural Centre
–
Phase 5 - $2.4M
– New stage/dressing
room
Phase 3 - $800,000
•
Phase 4 - $1.6M
–
Phase 2 - $1.4M
•
•
– Refurbished hall space
– Car park extension
– Open space works
Scenario B
•
Phase 1 - $6.6M
•
– Demolish Heritage
Centre
– New entry
– Café
– New construction –
– Visitor Inf. Centre
Library
Museum
Multi-function space
Car parking
Phase 2 - $1.2M
– Open space works
•
Phase 3 - $2.4M
– New stage/dressing
room
– New hall space
Page 168
Bass Coast
Shire Council
– Refurbished hall space
There is a need to review the Arup Study to ensure that there have been no major
changes in the usage of the precinct or the needs analysis for the various components.
The consultation undertaken previously with the community and the main users of
the facilities will be taken into consideration in any review of the study and
subsequent update of the concept plans.
Strategic Basis
The project is linked to the Council plan strategic objective of Cohesive
Communities. In particular the redevelopment of the site would improve lifestyle
opportunities by providing improved infrastructure.
Finances
The Arup Master Plan, of 2009, outlines a choice of two possible precinct scenarios as
follows:
The Council will need to identify the current cost to undertake the staged
development of the Precinct. To assist with the review of the concept designs of the
Arup Study, it will be necessary to refer $75,000 to the December budget review
process. If funding is not available at the December review then Council will need to
consider funding in the 2012/2013 budget.
This provision of funding will provide an opportunity to update the concept designs
and provide documentation to enable the project to be costed out for the staged
development of the precinct.
The capital cost of the staged project will be referred to a subsequent budget for
Council’s consideration.
As mentioned previously in mid 2010 Council highlighted its intention to sell 70
Chapel Street to assist with offsetting costs of the precinct development. This funding
is subject to a statutory process prior to the sale of the land being approved. An
estimate of the value of the site in 2009 placed the value between $850,000 and
$1,000,000. It should be noted that the property market is currently subdued and the
value of any sale would need to be subject to further independent assessment and
ultimately market forces.
Stakeholders
The stakeholders in relation to the staged development of the Cowes Cultural
Precinct are Council, the community, West Gippsland Regional Library Corporation,
users, ratepayers, residents, tourism and business operators and visitors.
Council has consulted with the community on a number of occasions in relation to
the redevelopment of the Cultural Precinct over many years. Although any updated
concept plans would need to be confirmed with the Community it is not proposed
that Council undertake an extensive consultative process regarding the
redevelopment.
Page 169
Bass Coast
Shire Council
The Council is required to adhere to various legislative requirements associated with
both the development and financing of the project.
Other Options
Council has two primary options as follows.
 Proceed with a project to undertake staged works at the Cowes Cultural Centre.
The risk of proceeding relate to the financial impact to Council. The project should
be considered as part of the budget process and Council’s consideration of all of the
proposed capital works projects.
 Not to proceed with a project to undertake staged works at the Cowes Cultural
Centre.
The risks of not proceeding relate to the communities expectations and that funding
will be forthcoming should Council proceed with the sale of the 70 Chapel Street site
in the near future.
The Council has considered the two scenarios in relation to progressive development
on the site over a number of years. Therefore there are no other options relating to
construction have been considered in this report.
The development of a town square and redevelopment of the Cowes Cultural
Precinct has been discussed and planned since 2004. The need for the redevelopment
has been identified in reports and studies, and the community have an expectation
that the project will commence as part of the Cowes Town Square project.
The relocation of the transport facility at 70 Chapel Street is nearing completion
which means that the process for the sale of the land can commence. The
justification for the sale of the land is linked to the Cowes Cultural Precinct
redevelopment, therefore Council needs to consider proceeding with the staged
development program based on the Arup Study recommendations.
The review of the concept plans and costings is required to allow the project to
proceed. Once the review is completed the current estimated cost of the project will
be identified and budget considerations, along with grant applications, can be finalised.
The cost of the Cowes Cultural Precinct development is considerable and would be
one of Council’s largest building projects. Given that Council has limited financial
resources and significant demands to fund other projects including renewing the
communities ageing infrastructure Council would need to fund the project over a
number of years.
In relation to the order of staging the works Council has proceeded with the town
square component of the project. These works were identified in stage 2 or stage 3
of the two scenarios. In both scenarios developed for Council by Arup the first stage
was planned to include the redevelopment of the heritage centre to include an
expansion of the Library space. Council is pursuing the possibility of the Bass Coast
Cultural Precinct that would provide a principal library for Bass Coast in Wonthaggi.
The Bass Coast Cultural Precinct will take at least five to six years to come to
fruition. It is therefore considered appropriate that the Cowes Library
redevelopment should be undertaken in the near term.
Page 170
Bass Coast
Shire Council
Council Officers are of the opinion that based on the previous studies, utilisation of
the existing spaces and renewal need that the staging outlined in the Arup report are
still appropriate. As Council has limited and competing demands for funding it would
be appropriate for the project to be staged over a number of years. The option to
redevelop the site as identified in Scenario A of the Arup report is considered the
most appropriate at this point in time.
The referral of the project to a future budget would enable time to investigate
external funding opportunities such as the Living Library grant program. The current
government program related to Living Libraries is not guaranteed to continue into the
future and therefore it would be appropriate for Council to express an interest in
applying for funding for the library component of the redevelopment.
It is recommended that Council approve the process to enable the review to be
undertaken and formally agree to the staged development as presented in Scenario A
of the Arup Study.
Recommendation
That Council;
1. Provide in principle support to proceed with the redevelopment of
the Cowes Cultural Precinct based on the staging plan identified in
Scenario A of the Arup Study (AT-1)
2. Consider allocating funding of $75,000 at the December budget
review to enable concept designs to be reviewed and updated.
3. Consider funding the Library and Heritage centre expansion as part
of the 2012/2013 Council budget.
4. An expression of interest is lodged with the Department of
Planning and Community Development for external funding under
the Living Libraries funding program.
Attachments
AT-1 Arup Cowes Cultural and Civic Centre Master Plan - Final May 2009 53 Pages
Council Decision
Moved: Cr. Peter Paul / Seconded: Cr. Phil Wright
CARRIED
Page 171
E.14
Bass Coast
Shire Council
Community Grants Policy Review
File No:
Department:
CM11/1066
Development
communities.
Declaration
Summary
Council’s audit committee has recommended that Council review its Community
Grant Policy. As part of the recent community grant process, Council considered
an updated draft policy.
The policy brings all three grant programs under one policy and changes the timing
of the program so that it better aligns with the financial year.
The updated policy aims to assist community groups to provide community facilities,
community events and improve their financial sustainability for activities that are
consistent with Council’s objectives.
It is recommended that Council approve the attached policy and undertake a
community consultation process in order to educate the community about the
updated policy and new timing of the program.
Introduction
The policy has been reviewed as a recommended by Council’s Audit Committee.
The Audit Committee recommended that Council •
Combine all three grant policies to provide consistency and equity
•
Develop clear assessment criteria
•
Review the policy every four years rather than each year
The objectives of the policy are as follows –
•
Assist and encourage community groups in providing services or facilities that are
of benefit to their community and the general community;
•
Assist and encourage community groups in organising and conducting community
events that are of benefit to their community and the general community and
spread across the municipality throughout the year;
•
Assist community groups to improve their capability to fundraise and to improve
their financial sustainability;
•
Achieve community generated outcomes that are consistent with the Council
Plan.
Page 172
Bass Coast
Shire Council
The timing of the program is also recommended to be modified. The current 30
September closure date and assessment process results in grants being allocated
leaving 6 months for the acquittal of the grants. This has ramifications in particular
for the Special Event funding as most of the grants are for the early part of the
calendar year.
It is recommended that applications open from 1 March and close on 20 May. The
assessment and adoption by Council of grant applications can then be completed
prior to 30 June. This then allows the allocation of grants to be provided at the
commencement of the financial year allowing 12 months for the acquittal of grants.
Strategic Basis
The Community Grants program contributes to the lifestyle objective in the Council
Plan. In particular the recommended grants encourage a sense of community,
encouragement and promotion of special events, provision of recreation
opportunities and enhancement of the Shire’s culture and heritage.
Finances
An allocation is made each year during the budget process for the grant program.
There may be a need to undertake community information sessions to ensure the
community is aware of the changes to the timing and the criteria for assessment.
This will be funded from existing operational funds.
Stakeholders
Key stakeholders include the Council, community organisations who will gain a
benefit from the financial assistance given through the grants process; local
businesses; residents, ratepayers and visitors to the Shire.
The policy will be reviewed every four years, together with the assessment process
and guidelines for the Community Grants program.
Other Options
No other options have been considered for this report.
The Community Grant Program Policy review has identified the need to change the
timing of the program which will benefit the community organisations applying for
funding.
The updated policy and timing of Council’s Community Grant Program provides the
benefits to both the Community and Council. Council will be able to announce the
successful grants at the start of the financial year thereby allowing the applicants the
opportunity to complete the project (and required financial acquittal processes) in
the twelve month period. It will also allow Council the opportunity to better
promote the successful organisations.
The combining of the three programs into the same policy simplifies the program for
both Council and the community.
Page 173
Bass Coast
Shire Council
Recommendation
That Council:
1. Adopt the Community Grants Program Policy as detailed in the
attached document (AT-1).
2. Undertake a program of community consultation to inform the
community of the changes to the policy and process.
Attachments
AT-1 2011 Community Grants Program Justification Statement and Policy 5 Pages
Council Decision
Moved: Cr. John Duscher / Seconded: Cr. Jane Dore Daly
CARRIED
Page 174
E.15
Bass Coast
Shire Council
Councillor Ward Discretionary Funds
File No:
Department:
CM11/1090
Chief Executive Officer
communities.
Declaration
The author has no direct or indirect interests in this matter.
Summary
The Councillor Ward Discretionary Fund Program provides Councillors with the
opportunity to identify small projects within each ward, and provide funding to assist
in the realisation of these projects. This creates a community benefit through the
provision of small infrastructure items or assistance in funding a community group in a
variety of ways.
Introduction
The Councillor Ward Discretionary Fund Policy was adopted by Council on 27 July
2011. The objectives of this policy are to:

ensure an appropriate process is adopted by Council for the allocation of the
funds and that applications do not conflict with other revenue sources available
to Council,

provide a framework for the assessment of applications to final approval which
can only be at a formal meeting of Council, and

Ensure there is an appropriate acquittal process for the spending of funds and
that Council is acknowledged for providing them.
Strategic Basis
The funds from the Councillor Ward Discretionary Fund need to be allocated in a
strategic manner including:

consistency with adopted Council master plans, design frameworks, strategies
and policies

community support and utilisation

compliance with health and safety and other key legislation.
Page 175
Bass Coast
Shire Council
Finances
Council currently allocates $12,000 per year to each ward from its annual budget.
This funding is to be used for the construction of minor infrastructure items and to
provide assistance to community groups for various projects.
The value of funds will be determined as part of the budget process per ward per
annum. The funds are only available for the financial year in which they are allocated,
and cannot be carried over into future financial years. This is to ensure a fair and
equitable source of funding is available to each ward.
Stakeholders
Stakeholders include community, community groups and ratepayers.
The particular statutory requirements and standards relevant to the allocation of the
Discretionary Ward Funds Program include;
 The Local Government Act 1989 – in particular the provisions relating to the
approval of expenditure by Council as part of its budget process.
 Councillor Ward Discretionary Fund Policy and Guidelines.
 Council’s procurement procedures to ensure appropriate controls over
expenditure.
Other Options
Council may choose to refuse an individual application or defer the consideration
whilst additional information is gathered to a future meeting.
Each application has been nominated by the Ward Councillor and a Senior Officer has
assessed each project. The application forms attached to this report provide an
overview of each project. Applications put before Council must meet the
requirements of the Councillor Ward Discretionary Fund Policy and Guidelines.
Approved applications are subject to an acquittal process and are required to
acknowledge the contribution provided by the Ward Councillor within a reasonable
time following the projects completion.
The following projects have been identified by Councillors and are presented to
Council for consideration.
Hovell Ward
Project
$
requested
$
remaining
$1,000.00
$8,500.00
Bass Coast Shire Council’s Crash Car
To assist with repairs to the trailer that transports the
crash car and upgrade signage associated with it.
Page 176
Bass Coast
Shire Council
Carols by Candlelight
To ensure attendance of the Grantville & District
Community Emergency Response Team at Carols by
Candlelight, Wonthaggi.
$300.00
$8,200.00
$
requested
$
remaining
$300.00
$10,700.00
$1,000.00
$9,700.00
$1,600.00
$8,100.00
$1,600.00
$6,500.00
$
requested
$
remaining
$1,050.00
$10,950.00
$1,000.00
$9,950.00
Leadbeater Ward
Project
Christmas Barbeque
To assist with funding for a Christmas school and
community BBQ at RN Scott Park, Kongwak.
Serenade at Sunset
This is an outdoor concert of popular musical numbers
performed by up and coming local artists. It aims to
appeal to people of all ages from all walks of life.
New tanker – Kernot Fire Brigade
Provide a contribution to assist with purchase of a new
3000lt tanker to replace the old 1000lt tanker.
Glen Alvie Recreation Reserve
To concrete the existing utilities shed floor.
McHaffie Ward
Project
Historical Signs at Grossard Point
To replace some of the aged and degraded signs at
Grossard Point in partnership with Phillip Island &
District Historical Society Inc.
Carols by the Bay
Provision of amusements, rides etc. to children prior to
the Christmas Carols.
Page 177
Bass Coast
Shire Council
Thompson Ward
Project
$
requested
$
remaining
$2,000.00
$10,000.00
Carols by the Bay
Provision of amusements, rides etc. to children prior to
the Christmas Carols.
Recommendation
That Council approve the projects.
Attachments
AT-1
AT-2
AT-3
AT-4
AT-5
AT-6
AT-7
AT-8
AT-9
AT-10
AT-11
Hovell - BCSC Crash Car
Hovell - Christmas Carols
Leadbeater - Christmas BBQ - Kongwak
Leadbeater - Serenade at Sunset
Leadbeater - Kernot Fire Tanker
Leadbeater - Glen Alvie Recreation Reserve
Leadbeater - Glen Alvie Rec Reserve - quotes
McHaffie - Grossard Point
McHaffie - Grossard Point - supporting document
McHaffie - Grossard Point - supporting documentation
Thompson / McHaffie - Carols by the Bay
2 Pages
2 Pages
2 Pages
2 Pages
2 Pages
2 Pages
2 Pages
2 Pages
1 Page
1 Page
2 Pages
Council Decision
Moved: Cr. Jane Dore Daly / Seconded: Cr. Ross Smith
CARRIED
Page 178
Bass Coast
Shire Council
Notices of Motion
Page 179
F
Bass Coast
Shire Council
Notices of Motion
Nil
Page 180
Bass Coast
Shire Council
Committees and
Delegates Reports
Page 181
G
Committees and Delegates Reports
G.1
Place Names Committee meeting
File No:
Department:
Bass Coast
Shire Council
CM11/1047
Infrastructure
Good Governance
Declaration
Summary
Attached are the minutes of the Place Names Committee meeting held on Friday, 4
November 2011 for information (at Attachment 1).
At this meeting, the Committee considered the following issues:
 Naming of unnamed road/lane at 2 Poplar Street, Wonthaggi.
 Renaming northern section of Daly Street, Dalyston.
 Naming of Wonthaggi Golf Club Access Road.
 Renaming of Wagtail Way - Seagrove Estate, Cowes stage 7.
 Proposed renaming northern section of Southampton Street, Rhyll.
 Renaming of Shorland Close, Cowes.
 Naming of South Dudley Reserve.
 Naming and numbering of Cape Paterson Road/Wheeler Road, Cape Paterson.
 Place Names Committee Terms of Reference – update.
 Proposed naming of beach access roads (x3), Cape Paterson.
 Proposed naming of common property road at 81A Bass Highway, Inverloch.
 Addressing of Common Property road at 606-610 Settlement Rd, Cowes.
Recommendation
Page 182
Bass Coast
Shire Council
That the report be received.
Attachments
AT-1 Meeting minutes 5 Pages
Page 183
G.2
Bass Coast
Shire Council
Access and Inclusion Advisory Committee
File No:
Department:
CM11/1071
Good Governance
Declaration
Summary
Attached are the minutes of the Access and Inclusion Advisory Committee meeting
held on Tuesday, 9 August 2011. Items on the agenda included the following;
 Previous Meeting’s Record – Business Arising:
o Hippocampe
o Gippsland Linking Local Action Network (GLLAN)
 Disability Action Plan 2011-2015
 Access and Inclusion Information
o Better Beach Access
 Area of Speciality
 General Business
Recommendation
Attachments
AT-1 Access & Inclusion Advisory Committee Minutes 4 Pages
Page 184
G.3
Bass Coast
Shire Council
Victorian Desalination Project Community Liaison Group
File No:
Department:
CM11/1098
Good Governance
Declaration
Summary
Attached are the minutes of the Victorian Desalination Project Community Liaison
Group meeting held on Thursday, 27 October 2011.
Topics discussed at this meeting were:


DSE Update
Aquasure / Thiess Degremont Presentation
 Plant construction update
 Community update
 Pipeline and power supply construction update

Community Representative reports, questions and comments
Recommendation
Attachments
AT-1 CLG Minutes - October 2011 8 Pages
Page 185
G.4
Bass Coast
Shire Council
Bass Coast Shire Council Audit Committee
File No:
Department:
CM11/1109
Good Governance
Declaration
Summary
Attached are the minutes of the Bass Coast Shire Council Audit Committee meeting
that was held on Wednesday, 23 November 2011. The items dealt with at this
meeting were:
 Monitor the systems and processes for risk management
 Review of communications required under Australian Accounting Standards
 Bass Coast Shire Council Financial Report
 Council Plan Annual Activity Statement 2011/12 - Achievement for the first
quarter
 Review any reports concerning evidence of material violation or breaches of
fiduciary duty
 Review any instances of fraud or possible illegal acts
 Review and recommend the annual audit plan
 Monitor satisfaction with internal audit service and monitor processes and
practices to ensure independence of internal audit function
 Non compliance and legal counsel engagement
 Status report on action items through Interplan
 Review of Annual Business Planning Framework
 Social and economic review of events
 Audit Committee forward agenda
 Update on Council’s business planning process
Recommendation
Attachments
Page 186
Bass Coast
Shire Council
AT-1 CONFIDENTIAL - Minutes - 23 November 22 Pages
Council Decision
Moved: Cr. Gareth Barlow / Seconded: Cr. Ross Smith
That agenda items G.1, G.2, G.3 and G.4 be received.
CARRIED
Page 187
Bass Coast
Shire Council
Performance
Monitoring
Reports
Page 188
H
Performance Monitoring Reports
H.1
Contracts Awarded Report
File No:
Department:
Bass Coast
Shire Council
CM11/1113
Corporate Services
communities.
Declaration
Summary
01/11/2011 to 30/11/2011
Since the October report, the following contracts have been formed under the Chief
Executive Officer’s Instrument of Delegation.
Contract
No.
Description
11020
Annual Supply of Plant Labour &
Materials Depot
11021
Annual Supply of Tree Maintenance &
Specialist Tree Service
11030
Grantville Landfill Cell 6 Construction
Contractor
Terrafirma Excavations Pty Ltd
Fulton Hogan Industries Pty Ltd
ADA Construction Services Pty Ltd
Blue Line Plumbing Pty Ltd
Rob Alcock Pty Ltd t/as SR
Excavations
Niven, Steven John t/as Grassworks
Pipeline Services & Equipment Pty Ltd
Bateman, Peter Robert t/as
Arborzone
DC's Tree Lopping Pty Ltd
Terrafirma Excavations Pty Ltd
Tiziani, Paul Lino t/as Trimmer Tree
ACE Environmental Services Pty Ltd
Contract Sum
Schedule of
Rates Contracts
Schedule of
Rates Contracts
$1,823,386.94
Contracts Awarded by Council
Since the October report, no contracts have been accepted or contract formed by
specific resolution of the Council.
Recommendation
Page 189
Bass Coast
Shire Council
Attachments
AT-1 11020
AT-2 11021
AT-3 11030
Page 190
H.2
Bass Coast
Shire Council
Planning Permits Decided Under Delegation - November 2011
File No:
Department:
CM11/1099
communities.
Summary
PERMITS REFUSED:
Nil.
PERMITS ISSUED:
Anderson Ward
110273:
Erection of business identification signage at 73 Phillip Island Road, San Remo.
110298:
Construction of an extension to the existing dwelling at 5 Rees Street,
Kilcunda.
110395:
Subdivision of the land into two lots at 3 St Elena Court, North Wonthaggi.
110446:
Development of a shed at 760 Turnbull-Woolamai Road, Woolamai.
110486:
Erection of advertising and promotional signage at 120-128 McKenzie Street,
Wonthaggi.
110499:
Construction of a garage at 82 Francis Road, Woolamai.
Churchill Ward
Nil.
Hovell Ward
110248:
Development of the land for a second dwelling and subdivision of the land
into two lots at 80 Surf Beach Road, Cape Paterson.
100262:
Development of the land for a dwelling in a Wildfire Management Overlay at
50 Blue Water Circle, Cape Paterson.
110146:
Subdivision of the land into two lots at 2 Poplar Street, Wonthaggi.
110195:
Realignment of the boundaries for four lots at 2815 Korumburra-Wonthaggi
Road, St Clair.
110359:
Development of three dwellings and demolition of an existing building in a
Heritage Overlay at 51 Graham Street, Wonthaggi.
110471:
Subdivision of the land into two lots at 49 Marine Street, Cape Paterson.
110488:
Re-subdivision of the land into two lots (boundary realignment) at 5675 Bass
Highway, Inverloch.
110513:
Development of additions to the existing dwelling at 1 Matthew Street,
Wonthaggi.
Page 191
110517:
Bass Coast
Shire Council
Development of the land for a dwelling at 135A McGibbonys Road,
Wonthaggi.
Leadbeater Ward
100407:
Development and use of the land for a dwelling with a carport and garage at
Lot 2 PS540492 Bass Highway, Grantville.
110305:
Subdivision of the land into two lots at 54-56 Bayview Avenue, Tenby Point.
110311:
Use of the land for a two day music festival with on-site camping at 1170
Loch-Wonthaggi Road, Kernot.
110325:
Development of a dwelling at 95 Smythe Street, Corinella.
110326:
110327:
110328:
110435:
Development of the land for a dwelling and shed and the variation of a
Section 173 Agreement to vary the side setbacks at 8 Hamelin Close,
Corinella.
110492:
Development of additions to the existing dwelling at 386-390 Agar Road and
Howie Lane, Coronet Bay.
McHaffie Ward
110281:
Development of a second dwelling, relocation of an existing dwelling and
creation of access to a Road Zone Category 1 at 1 Phillip Island Road, Sunset
Strip.
110401:
Subdivision of the land into two lots and removal of one (1) native tree at 5460 Anchorage Road, Ventnor.
Thompson Ward
110108:
Development of the land for a shop and four dwellings and reduction of car
parking requirements at 83 Thompson Avenue, Cowes.
110403:
Display of business identification signage at 155 Thompson Avenue, Cowes.
110497:
Removal of one (1) native tree for the construction of a dwelling at 3 Roy
Court, Cowes.
Townsend Ward
110462:
Removal of one (1) dying native (coastal manna gum) tree and lopping of one
(1) native (coastal manna gum) tree at 35 Sandy Mount Avenue, Inverloch.
110483:
Removal of two (2) native (coastal banksia) trees in poor condition at 91
Lohr Avenue, Inverloch.
Recommendation
Attachments
Page 192
Bass Coast
Shire Council
Page 193
H.3
Bass Coast
Shire Council
Planning Permit Approval Statistics
File No:
Department:
CM11/1102
communities.
Summary
Attached is the report detailing the Planning Permit Approval Statistics for the
month of November 2011.
Recommendation
Attachments
AT-1 Planning Permit Stats - November 2011 2 Pages
AT-2 Planning townstats - November 2011
1 Page
Page 194
H.4
Bass Coast
Shire Council
Building Statistics
File No:
Department:
CM11/1108
communities.
Summary
Attached is the report detailing the Building Statistics for the month of November
2011.
Recommendation
Attachments
AT-1 Building Stats 2011 2 Pages
Page 195
H.5
Bass Coast
Shire Council
Finance Report
File No:
Department:
CM11/1114
Corporate Services
Good Governance
Summary
Attached is the Finance Report for the month of November 2011.
Recommendation
That the Finance Report for the month of November 2011 be received.
Attachments
AT-1 Finance Report 16 Pages
Council Decision
Moved: Cr. John Duscher / Seconded: Cr. Peter Paul
That agenda items H.1, H.2, H.3, H.4 and H.5 be received.
CARRIED
Page 196
Bass Coast
Shire Council
Watching
Bass
Coast
Page 197
Bass Coast
Shire Council
I
Watching Bass Coast
I.1
100626 - VCAT Mediation Determination P2384/2011 - St. Paul's Discovery
Centre (Boys Home), 54-61 Forrest Avenue, Newhaven
File No:
Department:
CM11/1095
communities.
Previous Items:
PR5/11 - 100626 -Develop the land for 10 dwellings, part
demolish and alter an existing heritage building including
conversion of the heritage building into 6 residential apartments
with ancillary garages, 21 lot subdivision and vegetation removal
- Council - 27 July 2011
PR2/11 - 100626 -Develop the land for 10 dwellings, part
demolish and alter an existing heritage building including
conversion of the heritage building into 6 residential apartments
with ancillary garages, 21 lot subdivision and vegetation removal
- Council - 17 August 2011
Declaration
Summary
On the 14 October 2011 the Victorian Civil and Administrative Tribunal (the
Tribunal) handed down an order as a result of a mediation hearing in relation to
planning permit application 100626. The order directed that the decision of the
Responsible Authority is set aside and a permit is granted. The permit allows for the
part demolition of existing buildings, construction of road and subdivision works,
removal of vegetation, construction of a garage building, development of ten
dwellings, subdivision into 21 lots and alterations to the existing building
(incorporating six dwellings and garages within the existing building to be retained).
Permit Background
A previous application (090330) to develop the land for eleven dwellings, subdivision
of the land, demolition and alterations to a heritage building and development of the
heritage building into six units with associated garages and removal of native
vegetation was refused by Council on the 16 December 2009. The Applicant appealed
Council’s decision to the Victorian Civil and Administrative Tribunal who determined
that the proposed layout and design of the development was not responsive to the
site’s heritage, vegetation, neighbourhood character and level of amenity. The
Tribunal did not rule out development of the site and recommended a number of
design solutions which would improve the chances of success in gaining planning
approval.
Page 198
Bass Coast
Shire Council
In late 2010, Council received a fresh planning permit application (100626) which
sought to resolve those matters which the Tribunal had raised. After a great deal of
discussion about particular items which the community had raised such as the access
arrangements to Forrest Avenue, the absence of access to Boys Home Road, the
design and intensity of dwellings and subdivision and absence of onsite public open
space, Council resolved to refuse the grant of a permit subject to mediating an
outcome on the basis of the ‘without prejudice’ conditions set out in Part 2 of
Council’s final decision on this item at its meeting on 17 August 2011.
Tribunal Decision
At the mediation hearing held on 3 October 2011, Council officers together with
representatives of the Permit Applicant and objectors to the application discussed
those matters which were of primary importance to all parties.
After hours of discussion and negotiation, all parties agreed on an outcome. This is
reflected in planning permit conditions.
The main issues to be resolved were as follows:
 Removal of access to Forrest Avenue and relocation of two bay garage to dwelling
5 to be at the southern end of the dwelling;
 Creation of access to Boys Home Road with a minimum carriageway width of 5.5
metres;
 Gravel footpath along the Forrest Avenue frontage to ensure no adverse impacts
on the Cypress trees;
 An area of public open space of 800 square metres located in the north-west
corner of the site adjacent to the corner of Forrest Avenue and Boys Home
Road;
The density of dwellings and subdivision was not resolved in favour of Council’s
decision on 17 August 2011. Council had initially called for the removal of dwelling 4
along the Boys Home Road frontage however the Tribunal was ultimately of a view
reflected in its decision on the original application (090330) in which it stated that the
proposed higher density of residential development did not constitute something
inconsistent with the existing neighbourhood character.
Officer Comments/Conclusion
Council officers believe the final mediated decision is the best that could be hoped
for, especially in relation to the removal of primary access to Forrest Avenue. The
removal of this access and replacement with access to Boys Home Road was arguably
the most successful part of this result.
Whilst the dwelling density was not lessened, an unwillingness to accept the range of
other concessions put forward by the Applicant would have lead to an ordinary
Tribunal hearing where the opportunity for negotiation outside the normal statutory
planning framework would not have existed.
Recommendation
Attachments
Page 199
Bass Coast
Shire Council
AT-1 VCAT Order P2384/2011 16 Pages
Council Decision
Moved: Cr. Gareth Barlow / Seconded: Cr. Jane Dore Daly
CARRIED
Page 200
I.2
Bass Coast
Shire Council
100480 - VCAT Determination P1940/2011 - Develop land for 32 dwellings
and remove vegetation at 7-11 Lock Road, 37-43 Jansson Road and 45
Jansson Road, Rhyll
File No:
Department:
CM11/1092
communities.
Previous Items:
PR3/11 - 100480 - Develop land for 32 dwellings and remove
vegetation at 7-11 (Lot 1 TP211224) Lock Road & 37-43 (Lot 1
LP149157) & 45 (Lot 2 LP149157) Jansson Road, Rhyll - Council
- 17 August 2011
Application Details
The Land:
Planning Scheme:
Zoning:
Overlays:
Develop land for 32 dwellings and
remove vegetation
7-11 Lock Road, 37-43 Jansson Road
and 45 Jansson Road, Rhyll
Bass Coast
Mixed Use Zone (part)
Residential 1 Zone (part)
Vegetation Protection Overlay –
Schedule 2
Design and Development Overlay –
Schedule 1 (part)
Declaration
Summary
On the 18 November 2011 the Victorian Civil and Administrative Tribunal handed
down an order in relation to planning permit application 100480. The order directed
that no planning permit shall issue.
Permit Background
The planning permit application proposed the development of land for 32 dwellings
and removal of vegetation.
Appeal P1940/2011 under Section 79 of the Planning and Environment Act 1987 was
made by the Planning Permit Applicant for Council’s failure to decide within the
prescribed time (60 days).
On the 17 August 2011 Council resolved to oppose planning permit application
100480.
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Bass Coast
Shire Council
On the 7 September 2011 Council received Notice of an Amendment of the
Application from the Planning Permit Applicant.
The correspondence detailed that the Planning Permit Applicant would seek leave of
the Tribunal on the day of the hearing to substitute the plans originally assessed for
amended plans.
The hearing was conducted over three days (19, 20 and 21 October, 2011).
The Tribunal gave leave to the Planning Permit Applicant to substitute amended plans
for consideration. As a result the proposal description was amended to development
of land for 28 dwellings and removal of vegetation.
The main changes to the plans include:
 Deletion of four dwellings;
 Deletion of visitor car parking spaces in Jansson Road;
 Provision of six on-site visitor car parking spaces;
 Provision of four on-site boat parking spaces;
 Provision of a barbeque gazebo;
 Alterations to vehicle access arrangements;
 Alterations to design detail of dwellings (provision of some skillion roof
forms);
 Provision of external storage sheds; and
 Provision of canopies to car parking spaces.
Tribunal Decision
The Tribunal decided that no planning permit should be granted and in forming an
opinion the Tribunal provided the following relevant commentary:
The Tribunal stated:
‘Despite finding policy support for increased dwelling density on the review site and
recognising some positive design elements, we consider there are a number of concerns that
in combination result in a proposal that is unacceptable for the site.’
The following key questions were considered by the Tribunal:
Is there strategic support for increased residential density on this site?
‘Local policy seeks infill on residential land in existing townships ad we consider the density
proposed is not excessive.’
‘We are satisfied that increased density beyond a repetition of the pattern of detached
dwellings on single lots is acceptable on the site. The extent of the increased density we
consider should be informed by an appropriate design response to the neighbourhood
character and constraints of the site that include existing vegetation and road capacity.’
Does the built form respond appropriately to its context and to neighbourhood character?
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Bass Coast
Shire Council
‘We find there are a number of design features that respond positively to the neighbourhood
character including:
 A front setback that varies from a minimum of 7.64 metres to over 9.0 metres that
will be respectful of existing front setbacks in Jansson Road and will avoid visual
intrusion into the streetscape.
 Appropriate response to allow retention of trees in the front setback and provide
landscaping opportunities that will contribute to the streetscape character.
 Contemporary building design with a mix of flat and skillion rooflines that is
acceptable in an area with mixed built form.’
‘We do not share concerns that cantilevered balconies and upper levels that are not recessed
from the lower level will result in building bulk. It is our view that the separations between
buildings together with varied external colours and finishes provide articulation and avoid
inappropriate bulk.’
‘Despite these positive elements there are two features we find unacceptable in terms of
neighbourhood character.’
‘We consider the design presents inadequate opportunity to contribute to the spacious
landscape character to the south. The presentation to the southern boundary provides a 900
millimetre wide landscape strip adjoining a driveway and open car parking along some 55
metres of this boundary that, in our view, is insufficient to create a landscape setting for the
development or to allow softening of the development when viewed from adjoining properties
and from Jansson Road. ‘
‘Internally we consider the layout is dominated by car parking, accessway and buildings
adjacent to footpaths with inadequate opportunity for landscaping that would contribute to
the coastal landscape. The relatively high hard surface coverage of 79 percent (including
buildings, footpaths, car parking and driveways) illustrates the limited opportunity for
landscaping that we find inadequate in a neighbourhood where landscaping and a send of
space is evident. We are not persuaded that there is space to create a coastal landscape
character between buildings as suggested by Mr Patrick to be the appropriate landscape
response for this site.’
Is the proposed tree retention acceptable?
‘The application information on tree removal and retention was inconsistent. Reference was
made to a tree removal plan that was not provided and the site context plan did not show
existing trees. Ultimately however we would not have refused the proposal on the basis of
proposed vegetation removal. ‘
Is the level of internal amenity appropriate?
‘There are a number of Clause 55 provisions in the Scheme that relate to ensuring internal
amenity of a development is acceptable for future residents. We are not satisfied that the
layout has sufficiently considered the following matters:
 The location of 25 ground floor windows adjacent to shared access is unsatisfactory
in terms of privacy and noise impacts. The layout results in the need to screen 21
bedroom windows and four living room windows at ground level which we consider
reflects poor design and would create an undesirable outcome in terms of outlook.
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Bass Coast
Shire Council
 The location of the covered car spaces combined with the overhang of upper floor
balconies compromises the daylight to 20 bedroom windows. Whilst we
acknowledge that leaving part of the car port open and including translucent
roofing on the remaining part will allow some light we do not consider this a well
thought out arrangement.
 The potential for proposed development to the north, that we were advised includes
three storey development within 2.0 metres of the common boundary with the
review site, to overshadow windows and secluded private open space of the northeast dwelling on the review site.’
‘We agree with submissions that the entries to some dwellings are concealed, the on-site
legibility is poor, car parking is remote from some units, some secluded private open space
are poorly designed for solar access and outlook and solar access to habitable room windows
has not been maximised. We acknowledge that some of these matters could be addressed
by signage or minor redesign, as suggested by Mr Crowder, and individually would not justify
rejection of the proposal. However in combination with the more substantial concerns listed
above, we find the internal amenity for future residents is compromised to an unacceptable
extent and reflects a poor design response on a site with good redevelopment potential
including a large, relatively flat site with a wide frontage and good orientation.’
Will there be unreasonable external amenity impacts arising from the development?
‘We agree with Mr Crowder that amenity of adjoining properties is not unreasonably
compromised by the development.’
Are traffic and car parking issues adequately addressed?
‘We do not support the view that the proposed development will generate levels of traffic
that justify full construction of Jansson Road as suggested by Council.’
‘We find the current form and width of Jansson Road is appropriate to the character of the
area and sufficient to accommodate the additional traffic generated by the development. We
rely on the evidence of Mr O’Brien that the existing road is adequate to cater for the amount
of traffic generated by the development and approval of the development would not warrant
widening of the road pavement. The meandering alignment and wide grass verges create an
informal appearance that is consistent with what we envisage for a ‘coastal village’. We
accept that the surface is likely to need upgrading and this is the case even if the review site
is not developed.’
‘We encourage Council to adopt the approach evident at Silverleaves where roads meander
around trees and avoid kerb and channel construction.’
‘The amount of parking provided is acceptable and meets the standard subject to the
additional two spaces recommended by Mr O’Brien. We are not persuaded however that it is
well laid out for convenient access to dwellings nor that it protects residents from vehicular
noise as required by the parking location objective in Clause 55. Although MR Crowder’s
suggestion of a car parking allocation plan is appropriate, the design will result in some
dwellings having car parking that is not located in convenient proximity and some with
bedrooms in close proximity to car spaces that are allocated to other dwellings creating the
potential for noise disturbance.’
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Bass Coast
Shire Council
‘We think the layout is clumsy comprising four sections of driveway including one which
allows only one way traffic, extending onto land that is part of the adjoining lot to the north
and does not, in our view, minimise the area of hard surface as specified in the Clause 55
standard relating to car parking.’
‘Although Clause 55 does not require parking for boats, local policy seeks to ensure that new
developments in coastal towns provide for boat parking on-site where land is in close
proximity to boat ramps. The plan provides four boat parking spaces which residents said
was an insufficient number to cater for 28 dwellings particularly given the high demand for
boat parking in public areas in Rhyll. Whilst we have some sympathy for this submission
given the fishing focus of the town, we accept Mr O’Briens evidence that the car spaces
provided for dwellings could be used for boat parking.’
‘Council, in draft permit conditions, sought a 2.0 metre wide concrete footpath linking the
review site to Beach Road. Although not a matter we need to decide given out decision to
direct that no permit issue, we make the following observations. Provision of a footpath from
the site to the beach may be appropriate but not to the standard sought by Council. We
consider that the use of such ‘urban’ standards for construction would detract from the
coastal character that is recognised in local policy and valued by residents. There are other
surfaces that would more appropriately respond to the neighbourhood character such as
crushed rock and this type of surface can be designed to accommodate access for the
disabled.’
The Tribunal also provided the following commentary for other matters:
‘We were disappointed that the application for permit material did not reflect the current
site context, including instead a 2006 aerial photo and photos of nearby sites that do not
show the current context. The standard of plans that did not include a site plan with existing
trees; provided inconsistent information on tree retention or removal; had inaccurate
information about car parking provision; includes a slither of land from the property to the
north; referred to Stage 1 and 2 without any reference to what these are; did not include
proposed development to the north and existing development to the east on the site context
plan; referred to a tree removal plan which was not provided; is unsatisfactory and fails to
respond to concerns about the poor standard of plans raised by the Tribunal in SCK
Investments Pty Ltd. ‘
‘Any future proposal for the site needs to ensure the necessary site context and accurate
details of the proposal are provided. This information is essential to demonstrate the
acceptability of the design response and provide an understanding of how the site will
integrate with the development proposed to the north.’
The Tribunal provided the following conclusion:
‘We have found on balance that the proposal is not an acceptable outcome. The design, in
our view, has failed to respond to the sense of space and landscape character of the urban
area in Rhyll, presents a poor outcome for internal amenity for future residents, has excessive
hard surface and a poorly laid out car parking and access arrangement. It requires a
reduction in intensity of built form, more space for landscaping and an outcome that more
sensitively responds to the coastal village character sought by local policy.’
Conclusion
This decision is based on an assessment against the fundamental principles of the Bass
Coast Planning Scheme and it was found that the proposal was not acceptable with
regard to the relevant planning considerations.
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Bass Coast
Shire Council
It is noted that the aspects of the proposal which the Tribunal found positive are
largely a result of the amendments that were made to the plans that were originally
assessed. A number of the changes that were made appear to be in direct response to
the issues raised by the responsible officer.
This decision is significant in that it gives clear guidance about the expectations of the
Tribunal in terms of standards that should be met for development of the subject
land. This decision will therefore be a highly relevant document in considering any
future proposals.
Recommendation
Attachments
AT-1 VCAT Order 17 Pages
Page 206
I.3
Bass Coast
Shire Council
Bass Coast Cultural Centre Precinct update
File No:
Department:
CM11/1112
Development
communities.
Declaration
Summary
Council has for a number of years expressed the need to plan for a new principal
library, regional art gallery and convention space to serve the needs of a growing
community and this has been developed into the concept of the Bass Coast Cultural
Precinct.
The key elements of a Cultural Precinct would include a principal Library, regional art
gallery, combined regional Performing Arts and Convention Centre and public open
space.
Total cost of the Bass Coast Cultural Precinct is $35.6 million and would take a
number of years to develop.
In order to progress the concept Council has developed a business case. The
business case was developed with community input. The Community consultation
sessions were well attended and excellent feedback was received in relation to the
proposal.
The business case identifies that the concept of a Cultural Precinct is a viable
proposition that would greatly assist the Community by providing access to improved
learning, arts and culture programs.
In order for this project to be advanced Council will need to work with the state and
federal governments to obtain support and funding.
The report business case is presented to Council for its information.
Introduction
Council has for a number of years expressed the need to plan for a new principal
library, regional art gallery and convention space to serve the needs of a growing
community. This led to the need to plan for the development in one location and
create a Bass Coast Cultural Precinct that would provide a benefit to both the local
community and the Gippsland region.
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Bass Coast
Shire Council
The potential for the Senior Campus of the Wonthaggi Secondary College to relocate
from its current site has provided the unique opportunity. The development of a
business case has allowed Council to explore the possibility to develop a Cultural
Precinct on the site.
The key elements of a Cultural Precinct would include the following.
 A principal Library for Bass Coast Shire
 A regional Art Gallery
 A combined regional Performing Arts and Convention Centre
 A Public Open Space
 Car Parking and
 Retail Space and Cinema
Kirsty Ellem from Artistic Merit has completed the business case for the cultural
precinct which is attached for Council’s information (AT-1). Consultations were
undertaken with relevant interest groups and feedback provided by members of the
community.
The Community consultation was well attended and excellent feedback was received
in relation to the proposal.
The business case identifies that the concept of a Cultural Precinct is a viable
proposition that would greatly assist the Community by providing access to improved
learning, arts and culture programs.
The Bass Coast Cultural Precinct would meet the needs of a growing community and
provides an extraordinary opportunity to transition a publically owned site into new
cultural infrastructure.
Strategic Basis
The development of a cultural precinct in Bass Coast would allow Council to meet a
number of strategies including;
 the long held view that a principal library is required in Bass Coast,
 the need to provide an art gallery to assist with actions in the arts and culture
plan,
 the establishment of a large venue to meet the needs of the community in relation
to performances and civic/community functions.
Finances
The development of the Bass Coast Cultural Precinct will require significant funding
and a number of years to develop. The total estimated cost of the project is in the
order of $35.6 million.
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Bass Coast
Shire Council
The costs of the individual components of the project are identified in the following
table.
Component
Cost ($ million)
principal library
$ 3.5
regional art gallery
$ 4.3
performing arts / convention centre
$ 13.4
cinemas
$ 3.4
small retail space
$ 1.0
open space and car parking
$ 4.5
site preparation
$ 3.5
external works and services
$ 2.0
Total
$ 35.6
It is important to note that Council would need to attract significant funding from
grants in order to deliver the project and that the project would need to be delivered
over a 5 to 15 year timeframe.
Stakeholders
The primary stakeholders in relation to the Bass Coast Cultural Precinct include
ratepayers, residents and visitors to the area.
The development of the Bass Coast Cultural Precinct on the Wonthaggi Secondary
Senior Campus would obviously require the relocation of the school and agreement
from the government for the site to be retained in public ownership.
This project would provide a complimentary link to the Bass Coast Education
Precinct.
In order for this project to advance Council will need to work with the state and
federal governments to obtain support and funding.
Council will need to advocate for the State Government to relocate the senior
campus of the Wonthaggi Secondary College from the site, to the Bass Coast
Education Precinct, and also to support the need for the Bass Coast Cultural Precinct
within the region.
The project will have a long development period however the benefits that such a
facility would provide are significant and as mentioned earlier there is a unique
opportunity for the project to be delivered to benefit the community.
Recommendation
Attachments
AT-1 Bass Coast Cultural Precinct Final Business Plan 35 Pages
Page 209
Bass Coast
Shire Council
Page 210
I.4
Bass Coast
Shire Council
Municipal Fire Management Planning
File No:
Department:
CM11/1069
Development
communities.
Declaration
Summary
This report provides an overview of the steps that have been taken to improve
bushfire management planning in Bass Coast Shire during the last 12 months which
include:
 Municipal Fire Management Planning Committee formation
 Township Protection Plan development
 Neighbourhood Safer Places - places of last resort review
 Victorian Fire Risk Register development
 Municipal Fire Management Plan development
A significant amount of work has been completed over the last 12 months to improve
Council’s bushfire prevention planning across agencies. The commitment from
Council to work closely with our partner members of the Municipal Fire Management
Planning Committee allows for greater economies of scale and improved community
benefit.
It also provides the opportunity to work with CFA and DSE to use fire as a tool for
fuel removal on Council managed land leading to improved safety in high risk areas.
The commitment to the work that is completed by Council officers and the agencies
we work with prior to and during the summer period enables the ongoing reduction
of bushfire risk in the municipality.
Introduction
The following is an outline of the components that make up bushfire planning in Bass
Coast Shire in 2011.
Municipal Fire Management Planning Committee
The Bass Coast Fire Management Planning Committee (MFMPC) is responsible for
providing an integrated approach to fire management in the Bass Coast Shire. The
MFMPC was formed in early 2011 as a sub committee of the Municipal Emergency
Management Planning Committee and has taken over the responsibility for review and
update of the Municipal Fire Prevention Plan.
This is a role previously performed by the Municipal Fire Prevention Committee. The
Committee consists of CFA, Department of Sustainability and Environment, (DSE),
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Bass Coast
Shire Council
Phillip Island Nature Parks, (PINP), Bass Coast Shire Council, Vic Roads, Parks
Victoria, South Gippsland Water, Westernport Water and Victoria Police.
Township Protection Plans
Township Protection Plans are a key source of information for the community and an
important tool to emphasise the shared responsibility between the community, fire
services and local government. Township Protection Plan provides important
direction and information for communities to assist with planning before, during and
after a bushfire.
Bass Coast Shire was one of the first municipalities to have a Township Protection
Plan which was developed for Inverloch. This year Township Protection Plans have
been created for Silverleaves, Harmers Haven, Grantville and The Gurdies.
Neighbourhood Safer Places - places of last resort
Neighbourhood Safer Places (NSPs) are places of last resort when all other bushfire
plans have failed. They are designated community areas that may provide some
protection from radiant heat, the biggest killer during bushfire. Inverloch was the first
location in Bass Coast, and one of the first in the State, to have a NSP identified at the
Hub and surrounding grounds. This designation was followed by the identification and
designation of places of last resort in
 Silverleaves/Cowes at the Cowes Recreation Reserve
 Ventnor at the Hall site
 Grantville in Memorial Park
 Cape Woolamai at Woolamai Park
 Pioneer Bay in Daisy Road Reserve
All these sites we reinspected in 2011 by CFA and Council and found to still meet the
strict criteria for designation set out in the Municipal Neighbourhood Safer Places
Plan and CFA Radiant Heat criteria.
Victorian Fire Risk Register
The Victorian Fire Risk Register is an organised program that identifies areas that are
at risk from bushfires across the Bass Coast Shire. It has been used by Council and
fire agencies to:
 improve bushfire management planning
 provide evidence-based data to assess the level of risk to properties
 provide a range of treatments to reduce those risks
The risk register data has been used to develop a Municipal Fire Management Plan for
Bass Coast Shire and to identify locations for Township Protection Plans.
Municipal Fire Management Plan
This plan has been developed by the Bass Coast Municipal Fire Management
Committee. It provides a plan for how, the Council, fire agencies and other relevant
authorities and organisations can work together to effectively anticipate, respond to,
and recover from, major bushfire events. While the management of all types of fires is
important, the document has focused on bushfire in the first instance. Future updates
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Bass Coast
Shire Council
of the plan will include planning for other types of fires such as structural fires and
chemical fires.
The plan recognises, but does not duplicate, the extensive work already being
undertaken in fire management across this municipality. The Municipal Fire
Management Plan is essentially a plan for improving the integration of this existing
work and developing new ways of working together including planned burning.
Strategic Basis
The Municipal Fire Prevention Plan and the Municipal Emergency Management Plan
provide the framework for fire prevention and emergency planning in Bass Coast
Shire.
Finances
A budget review will be completed for any costs identified that cannot be met by
current budgets.
Stakeholders
Council and the Bass Coast Shire community, and agencies involved emergency
management planning around fire- CFA, Vic Police, Vic Roads and DSE.
The CFA Act 1958 and the Emergency Management Act 1986 require Council to have
a Municipal Fire Prevention Plan and a Municipal Emergency Management Plan.
A great amount of work has been completed over the last 12 months to improve our
bushfire prevention planning across agencies. The commitment from Council to work
closely with our partner members of the Municipal Fire Management Planning
Committee will allow for greater economies of scale and improved community
benefit. It will also provide the opportunity to work with CFA and DSE to use fire as
a tool for fuel removal on Council managed land leading to improved safety in high
risk areas.
Council continues, through these partnerships and the development of stronger
internal relationships, to improve processes and outcomes with regard to the
following Council activities:
 annual fire hazard inspection programme (over 800 Notices to Comply and 80
Fire Prevention Notices issues to date)
 fire prevention works in Costal and bushland reserves
 roadside slashing programme
 maintenance and instillation of fire access tracks & static water tanks
 media communications planning
Page 213
Bass Coast
Shire Council
The Officer recommends Councils’ ongoing support of the Municipal Fire
Management Planning Committee and the Municipal Emergency Management Planning
Committee and the work they produce. It is important to also recognise the
importance of the funding for and commitment to the work that is completed by
Council officers and departments prior to and during the summer period which
enables the ongoing reduction of bushfire risk in the municipality.
Recommendation
Attachments
Page 214
I.5
Bass Coast
Shire Council
Review of 2011 V8s and Moto GP events
File No:
Department:
CM11/1075
Development
Business Prosperity
We will create an economic
environment that increases wellbeing
and prosperity in the Shire.
Declaration
Summary
As part of Council’s commitment to continuous improvement a critical review of the
2011 V8 and Moto GP events has been undertaken. This review examined Council’s
role in supporting these events, identified successes and shortcomings of all the
components and summarised Council’s financial and in kind contributions to the
events.
This report is presented to Council in order to provide feedback about the
performance of the events and the elements of the events that require further
consideration.
Introduction
At the completion of the 2011 V8 and Moto GP events Council’s Economic
Development Team undertook a review of the activities performed in relation to the
events and Council’s role.
This report summarises the key findings of these reviews. The full Evaluation Reports
for V8s and Moto GP are included as attachment AT- 1 and AT – 2.
The reviews highlighted that further consideration should be given to a number of
elements related to both the V8’s and Moto GP.
Items that require further consideration include the provision of entertainment in
Cowes during the V8 event, provision of a licensed area in the Jetty Triangle, the best
dressed business and the bridge banners during the Moto GP event.
Strategic Basis
The primary strategic basis for Council’s involvement in major events is supported by
the Council Plan strategic objective related to Business Prosperity. In particular
Council will create an economic environment that increases wellbeing and prosperity
in the Shire.
Page 215
Bass Coast
Shire Council
Finances
Council provides financial and in kind support to facilitate the safe operation of these
events. The details of the financial contribution of key stakeholders for each event is
included in the full reports (see attachments 1 & 2).
The cost of the Moto GP is shared as shown in the following table.
Council
Australian GP
corporation
VicRoads
$66,870
$80,250
$16,000
It is worth noting that the Social and Economic Value of Events in Bass Coast report
released by Urban Enterprise in August 2011 identified that for every dollar invested
by Council on motor sport events, there is a return to the local community or 628 to
1.
Stakeholders
The stakeholders in relation to major events within Bass Coast include Council, Event
patron, Event promoters, Bass Coast and regional community, Emergency services
agencies, Victorian State Government, Local and international media, Tourism
Industry and Business sector.
Council is in the process of reviewing its Events Policy. The revised policy will be
presented to Council for adoption in early 2012. The policy will guide Council and
Council Officers in relation to the attraction of and management of events within Bass
Coast into the future.
Council Officers will further review the events to ensure that they continue to
provide value for money and are consistent with Council’s revised policy (once
adopted).
Council continues to work collaboratively with event promoters to deliver safe and
enjoyable events.
The activities undertaken during these two major events will be discussed with
Council’s event planning committee. The committee can assist by providing
recommendations regarding the type of activities and support that Council should
provide for the event to ensure the events continue to maximise the social and
economic benefits to the municipality.
Recommendation
Attachments
AT-1 2011 V8 Evaluation Report
3 Pages
AT-2 2011 Moto GP Evaluation Report 10 Pages
Page 216
Bass Coast
Shire Council
Page 217
I.6
Bass Coast
Shire Council
Bass Coast Acquisitive Art Exhibition
File No:
Department:
CM11/989
Development
communities.
Declaration
Summary
In September 2011, the Council held its inaugural Acquisitive Prize exhibition as a
result of the revamp of the acquisitive prize funding program.
The five artists exhibited their works and were judged by an independent expert
panel. Those exhibiting at the Acquisitive Prize exhibition were the winners of the
local art shows.
The artists were Peter Walker, Matthew Petrucci, Cynthia Phelan, Diana Wilson and
Ramon Horsfield
The 2010/11 Bass Coast Acquisitive Art Prize was won by Matthew Petrucci, for his
work “Cypress Pine, Archies Creek”.
Introduction
Bass Coast Shire Council has been collecting art from community art shows since
1994. Prior to Council amalgamation the Shire of Bass and Borough of Wonthaggi
sponsored various acquisitive art shows. Bass Coast Shire Council continued this
program and included the Artist’s Society of Phillip Island in the funding program.
The modified Acquisitive Art Program began in 2010 as a way to increase the profile
of the Acquisitive Prize and encourage greater numbers of entries and quality works
at local exhibitions.
Community exhibition organisers had called on Council to increase the prize money
($1,000 per exhibition), to attract additional artists to exhibit in their shows. There
had also been some instances where the prize was not equal to the price of the
artwork.
As Council does not have a dedicated art space to show its collection and lack of
storage for art, finding space for a number of pieces a year was becoming problematic.
The new program also gave the opportunity for other community organisations to
participate, which resulted in the Inverloch Art Show participating for the first time.
Page 218
Bass Coast
Shire Council
The new Acquisitive Art Program asks community groups who organise arts shows to
register for the Bass Coast Acquisitive Art Award. This award is an invitation to
exhibit at the Bass Coast Acquisitive Art Exhibition in September each year, where
the winning artwork is chosen for the Council’s art collection.
The 2010/11 acquisitive award winning artists are as follows:
Community Art Shows
Award Artist
Artist’s Society of Phillip
Island
San Remo Art and
Photographic Show, San
Remo and Newhaven Rotary
Club
Save the Children’s Fund,
Inverloch Art Show
Bass Coast Artist’s Society
Peter Walker
Traditional / Representational
Art Show, Corinella and
District Community Centre
Matthew Petrucci
Cynthia Phelan
Diana Wilson
Ramon Horsfield
The opening of the Bass Coast Acquisitive Art Exhibition at the Inverloch Hub on
September 2 2011 was a well attended and successful event
The judging panel, Penny Teale, Senior Curator and Collection Manager at McClelland
Gallery, Warwick Reeder, Art Consultant of Reeder Fine Art and Rodney Forbes,
Senior Lecturer and Director, Gippsland Centre for Art & Design were extremely
complimentary in relation to the talent displayed by the artists.
The decision to award Matthew Petrucci’s the main award for his oil painting,
“Cypress Pine, Archies Creek”, was unanimous as the panel felt that the painting
captured the intensity of light and shade. The work demonstrated quality and
consistency of approach.
All artists displayed a number of works and had the opportunity to sell their paintings
during the exhibition.
Strategic Basis
This project is aligned with Council’s strategic objective: Cohesive Communities and
is also an action of Key Objective 3.3 in the Bass Coast Arts and Cultural Plan 2009 2013.
Finances
The Acquisitive Art program has a budget of $10,000. Each artist receives $1,000 and
a trophy as the winner for each of the art shows, and the Council’s Acquisitive winner
winning receives $5,000.
Page 219
Bass Coast
Shire Council
Stakeholders
Council, community art show organisers, artists, art industry professionals, ratepayers
and residents.
The program is consistent with Council’s Arts and Culture Plan. No relevant
statutory requirements have been identified.
Other Options
There are no other options considered relevant at this point in time.
The comments by the judging panel for the Acquisitive Art Prize are a means of giving
the painting provenance. This increases the asset of an artwork and therefore of the
value of Council’s collection.
The award has attracted different artists to exhibit at the various local shows. It is
hoped that the award will become well known both within and outside Bass Coast,
and become a much sought after prize in the art community.
The Council’s exhibition will be held in one of the art show townships each year. The
2011/12 exhibition will be held in Corinella.
Recommendation
Attachments
Page 220
I.7
Bass Coast
Shire Council
Bass Coast Aquatics update
File No:
Department:
CM11/1111
Development
communities.
Declaration
Summary
This report provides Councillor’s with an update on work undertaken in relation to
aquatic facilities in Bass Coast since July 2011 when the Bass Coast Aquatic Centre
feasibility was adopted.
Council has undertaken the following actions to date.
Met with the Phillip Island Aquatic Centre Fund and formed a working group.
The group has agreed that its initial role is to share information to gain an
understanding of each parties requirements relating to aquatic facilities.
Research is being undertaken in relation to the costs, demographics, funding
sources and the types of facilities that have been developed in other
municipalities. This benchmarking data will be discussed with Council in the
New Year.
Council officers continue to work with and support the waterline community’s
endeavours to provide public access to the Corinella School Pool.
Introduction
In July 2011 Council adopted nine key recommendations with regards to Aquatics in
Bass Coast. Since this report several actions have been undertaken including the
following:
Council has formed a working group with the Phillip Island Aquatic Centre
Fund (PIACF). Representatives on this group include 3 Councillors (Mayor,
Cr Veronica Dowman, Cr Peter Paul and Cr John Duscher), Steven Piasente
and members of the PIACF. This initial scope of these meetings has been to
share information between both parties. The minutes of the meetings
between Council and the Committee are attached for Council’s information.
In November the working group met with Kathleen Malone a representative
from the Department of Planning and Community Development regarding
Regional Development Australia Funding. As part of this discussion the group
identified that the Phillip Island Aquatic Project would not be eligible under the
current criteria for Regional Development Australia funding.
Page 221
Bass Coast
Shire Council
Council’s Arts and Leisure department have been undertaking benchmarking
on other municipal aquatic facilities. Further information will be presented to
Council regarding the benchmarking data in the New Year.
Officers have continued to work with the Bass Valley Pool Committee on
their project to allow public use at the Bass Valley Primary School Pool.
Strategic Basis
The strategic justification for the provision of aquatic facilities in Bass Coast is
identified in the Bass Coast Municipal Recreation Plan 2009-2014.
In particular Key Objective 5 identifies the need to enhance water based recreation
opportunities and safety.
Finances
Council has allocated $200,000 in its 2011/2012 budget in order to undertake the
preliminary design for the Wonthaggi facility.
Stakeholders
The main stakeholders are Phillip Island Aquatic Centre Fund Committee and Bass
Coast Shire Council residents, visitors, community groups and clubs.
The development of any aquatic facilities will be required to meet various standards,
codes and guidelines as applicable to the aquatic industry.
Other Options
The report is provided for Council’s information and no alternative options have been
considered for this report.
The recent work undertaken in relation to aquatics is a step toward improving aquatic
provision for the community. By sharing information Council and the PIACF have a
better understanding of the work undertaken by both parties in relation to improved
aquatic facilities in Bass Coast.
Recommendation
Attachments
AT1
AT2
AT3
2011 09 30 Phillip Island Aquatic Facilities Working Group meeting
minutes
minutes
minutes with Kathleen Malone
3
Pages
3
Pages
2
Pages
Page 222
I.8
Bass Coast
Shire Council
Assembly of Councillors Report
File No:
Department:
CM11/1076
Good Governance
Declaration
The reporting officer has no direct or indirect interest in this matter
Summary
Section 80A of the Local Government Act 1989 requires all assembly of Councillors
records to be reported on at the next practicable ordinary meeting of Council and to
be recorded in the minutes of that meeting. This report intends to fulfil the
requirements of the legislation
Introduction
The Local Government and Planning Legislation Act 2010 was proclaimed on Friday 24
September 2010, making amendments to the Local Government Act 1989 (the Act).
The amendments included changes to the definition of ‘assembly of Councillors’ as
well as to the requirements of such an assembly.
Section 76AA of the Act now defines an assembly of Councillors as
‘a meeting of an advisory committee of the Council, if at least one Councillor is
present, or a planned or scheduled meeting of at least half of the Councillors and one
member of Council staff which considers matters that are intended or likely to bea) the subject of a decision of the Council; or
b) subject to the exercise of a function, duty or power of the Council that
has been delegated to a person or committeebut does not include a meeting of the Council, a special committee of the Council, an
audit committee established under section139, a club, association, peak body, political
party or other organisation.’
Section 80A requires a written record to be kept of all such assemblies, stating the
names of all Councillors and Council staff attending, the matters considered and any
conflict of interest disclosures made by a Councillor. These records must be
reported, as soon as practicable, at an ordinary meeting of the Council and recorded
in the minutes.
Below is a summary of all assembly of Councillors records since the last ordinary
meeting of Council.
Page 223
Bass Coast
Shire Council
Date
Assembly of Councillors
Councillors in attendance
4 November
2011
Place Names Committee
Cr Duscher
9 November
2011
Policy Workshop
Crs Dowman, Smith, Paul, Duscher,
Wright
16 November
2011
Review of Councillor support
provisions
Crs Dowman, Wright, Duscher, Paul,
Smith, Barlow
23 November
2011
Policy Workshop
Crs Dowman, Barlow, Daly, Smith,
Wright, Duscher
30 November
2011
Policy Workshop
All Councillors
30 November
2011
Council Briefing
All Councillors
Recommendation
That the attached assembly of Councillors records be received.
Attachments
AT-1
AT-2
AT-3
AT-4
AT-5
AT-6
2011 11 04 Place Names Committee
2011 11 09 Policy Workshop
2011 11 16 Review of Councillor support provisions
2011 11 30 Council Briefing
1 Page
1 Page
1 Page
1 Page
1 Page
1 Page
Page 224
I.9
Bass Coast
Shire Council
Councillor Expenditure Report August 2011 to October 2011
File No:
Department:
CM11/1110
Good Governance
Declaration
Summary
At the Ordinary Council Meeting held on 6 February 2008, Council resolved that a
report (open to the public) be tabled quarterly detailing Councillors’ Travel Claims
and the Mayor’s expenditure for the previous 3 month period.
This report is now presented for Council’s consideration.
Introduction
At the Ordinary Council Meeting held on 6 February 2008, Council resolved that a
quarterly report (open to the public) be tabled at the respective Council Meetings
detailing the following:
 Travel Claims submitted by Councillors (excluding the Mayor) for each quarter;
 The Mayor’s expenditure for each quarter; and
 All internal and external Committee appointments attended by Councillors, and
all representations of Council at community and other events for each quarter.
Strategic Basis
The Provision of Resources to Councillors Policy prescribes the range of resources
that must be provided to elected Councillors to enable them to effectively carry out
their role. These resources include a Councillor allowance, payment of certain
expenses, and the provision of communication and computer equipment.
Finances
Funds have been allocated to cover the provision of resources to Councillors and
reimbursement of Councillors’ expenses as part of Council’s annual budget process.
Stakeholders
Stakeholders include the ratepayers of the municipality and Council.
Page 225
Bass Coast
Shire Council
The particular statutory requirements and standards relevant to the provision of
resources to Councillors include;
 The Local Government Act (in particular Section 74 – Councillor and Mayoral
Allowances).
 The Provision of Resources to Councillors Policy.
Other Options
The Council can accept that this report meets the requirements of Part 2 of the
resolution carried at the 6 February 2008 Council meeting or the Council can direct
Council officers to source further information.
Part 1 of the recommendation dealt specifically with 2007/08 expenditure. This part
of the recommendation was completed in March 2008.
At the Ordinary meeting held on Wednesday 16 July 2008, an amendment to Part 2
of this recommendation was made, deleting 2. d), 2. e) & 2. f) on the basis that
comparative data from other municipalities was not available.
This report deals with the remaining requirements of the resolution.
Recommendation
Attachments
AT-1
AT-2
AT-3
AT-4
Minutes February 2008
Minutes July 2008
Councillor Term Expenditure Dec 2008 to present
Councillors Travel Expenses Aug-Oct 2011
3 Pages
3 Pages
1 Page
1 Page
Council Decision
Moved: Cr. Ross Smith / Seconded: Cr. Peter Paul
That agenda items I.2, I.3, I.4, I.5, I.6, I.7, I.8 and I.9 be received.
CARRIED
Page 226
J
Acknowledgements
J.1
Gallery attendance - Cr Phil Wright
Bass Coast
Shire Council
Cr Wright acknowledged the gallery in attendance at the meeting and thanked them
for their questions. Cr Wright also acknowledged the Mayor’s handling of the difficult
questions.
J.2
National Servicemen's Association of Australia - Cr Veronica Dowman
Cr Dowman presented a certificate of appreciation received by Bass Coast Shire
Council for ‘their assistance, cooperation and support of the South Gippsland SubBranch of the National Servicemen’s Association of Australia Dedication of Unveiling
of Plaque for all National Servicemen.
J.3
Passing of Don McRae - Cr John Duscher
Cr Duscher acknowledged the passing of Don McRae, a long serving former
Councillor with the Bass Shire, having served over 20 years. Like many members of
his family he served his community well in Local Government. The McRae name was,
and still is, well known in the area and Local Government circles for their service to
the community.
Don was a popular, dedicated family man who will be missed. Our condolences have
been sent to his family.
J.4
Passing of John 'Dabba' Taafe - Cr John Duscher
Cr Duscher acknowledged the passing of the 2009 Bass Coast Sports Person of the
Year, Mr John ‘Dabba’ Taafe. John was a unique award winner who was
acknowledged for his sporting prowess at the tender age of 83.
John was a truly gifted sports person, highly respected and certainly very well known
in the community. Again, one of nature’s gentleman who will be missed. ‘I am better
for knowing him as well as so many others’, Cr Duscher stated.
J.5
Community Road Safety Groups - Cr John Duscher
Cr Duscher acknowledged the outstanding work being done by our Road Safety
Groups across Gippsland.
Page 227
K
Urgent Business
K.1
Holiday let homes in Bass Coast. - Cr Peter Paul
Bass Coast
Shire Council
Cr Paul raised concerns about holiday let homes in Bass Coast. He had a copy of the
latest Royal Auto magazine which included an advertisement for a holiday let in Rhyll,
in a Residential A Zone, that sleeps 22 people.
Cr Paul expressed his disapproval of this practice, especially considering the impact on
immediate neighbours.
K.2
Grossard Point Lodge - Cr Peter Paul
Cr Paul advised that the community would be appreciative of the fact that the land
adjacent to Grossard Point Lodge in Cowes is soon to be fully constructed as a car
park to serve the adjoining aged care facility.
Mayoral Announcement Of Next Meeting Of Council
The Mayor advised that the next meeting of Council will be the Ordinary Meeting to be
held on Wednesday, 15 February 2012 in the Council Chamber at the Civic Centre,
Wonthaggi.
The meeting will be open to the public from 5.00pm.
Meeting adjourned
The meeting adjourned at 8.01pm
Meeting resumed
The meeting resumed at 8.09pm
Cr Duscher and Mr Bawden were absent at the resumption of the meeting.
Page 228
Bass Coast
Shire Council
Items
Closed to
the Public
(2)
(3)
Excerpt of Section 89 of Local Government Act 1989.
A Council or special committee may resolve that the meeting be closed to members of
the public if the meeting is discussing any of the following:
(a)
Personnel matters;
(b)
The personal hardship of any resident or ratepayer;
(c)
Industrial matters;
(d)
Contractual matters;
(e)
Proposed developments;
(f)
Legal advice;
(g)
Matters affecting the security of Council property;
(h)
Any other matter which the Council or special committee considers
would prejudice the Council or any person;
(i)
A resolution to close the meeting to members of the public.
If a Council or special committee resolves to close a meeting to members of the public
the reason must be recorded in the minutes of the meeting.
Page 229
Bass Coast
Shire Council
Council Decision
Moved: Cr. Ross Smith / Seconded: Cr. Gareth Barlow
That the meeting be closed to members of the public pursuant to Section
89 (d) of the Local Government Act 1989, to consider this item as it deals
with contractual matters.
CARRIED
L
Items Closed to the Public
L.1
Contractual Matter
It is recommended that the meeting be closed to members of the public pursuant
to Section 89 (d) of the Local Government Act 1989, to consider this item as it
deals with contractual matters.
Cr Duscher returned to the meeting at 8.10
Mr Bawden returned to the meeting at 8.12pm
Meeting closed
The meeting closed at 8.32pm
Page 230

Minutes - Bass Coast Shire Council

Transcription

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