Amendment C117 Ballarat Planning Scheme Evidence. May 2008 Prepared by Rob Milner Dip T &CP LFPIA for Lascorp Development Group Pty Ltd

Transcription

1 Ballarat Planning Scheme Evidence May 2008 Prepared by Rob Milner Dip T &CP LFPIA for Lascorp Development Group Pty Ltd

2 Ballarat Planning Scheme Evidence May 2008 Prepared by Rob Milner Dip T&CP LFPIA for Lascorp Development Group Pty Ltd

3 Contents 1 Statement of Expertise Name and address of expert Qualifications and Expertise Statement of Expertise Significant Contributions Instructions Reference Documents Summary of evidence 2 2 Purpose 3 3 Background Ballarat West Local Structure Plan Land in which Lascorp Development Group has an interest 4 4 Amendment C Strategic Assessment Is there strategic justification for focussing Ballarat s future urban growth into West Ballarat? Was the approach taken in the formulation of the appropriate? Can the proposed provision and location of activity centres within the LSP area be strategically justified? Can appropriate design responses be achieved at Lascorp s two land holdings within the Delacombe South and Alfredton West designated activity centres? Delacombe Alfredton 13 6 Conclusions 14 7 Attachment 1 CV 15

4 1 Statement of Expertise 1.1 Name and address of expert Robert Milner General Manager of Planning Coomes Consulting Group 24 Albert Road South Melbourne 1.2 Qualifications and Expertise First Class Honours Diploma in Town and Country Planning Life Fellow of Planning Institute of Australia Refer Curriculum Vitae in Attachment Statement of Expertise I have experience in land use and development matters extending over 30 years, which includes work for and within the private and public sectors. I have a broad range of experience in Victorian planning matters, including urban, regional and growth area planning. 1.4 Significant Contributions I have been assisted in the research forming the background to this evidence by Cygal Pellach, an Urban and Regional Planner with Coomes Consulting Group. 1.5 Instructions I have been instructed in this matter by Debra Butcher, Principal Planner at ERM. Instructions have been written and verbal. I have made all the inquiries that I believe are desirable and appropriate and that no matters of significance which I regard as relevant have to my knowledge been withheld from the Panel. G:\13\133305\PL evidence_final.doc page 1

5 1.6 Reference Documents In preparing this expert evidence I have reviewed the following documents, as well as relevant State and Local planning policies and strategies and studies referred to in the body of this text. I have also familiarised myself with the site. Ballarat Strategy Plan, December 1998; Ballarat West Local Structure Plan, adopted by Council 9 May 2007 (Tract Consultants); Ballarat Retail Development Strategy 2003 (Essential Economics); City of Ballarat Ordinary Council Meeting Agenda, 12 December 2007; The Ballarat Planning Scheme. 1.7 Summary of evidence The Ballarat West Local Structure Plan was prepared by Tract consultants for Ballarat City Council. It guides the use and development of land in the Ballarat West growth area. Amendment C117 to the Ballarat Planning Scheme seeks to provide the policy framework and statutory basis for this document. The analysis of this report shows that: Focussing Ballarat s future urban growth into West Ballarat can be strategically justified; The approach taken in the formulation of the was comprehensive and appropriate; The proposed provision and location of activity centres within the LSP area is strategically justified; and Lascorp can achieve appropriate design responses for its two land holdings within the Delacombe South and Alfredton West proposed activity centres. G:\13\133305\PL evidence_final.doc page 2

6 2 Purpose This evidence reviews the planning merit of Amendment C117 to the Ballarat Planning Scheme. The amendment seeks to implement and give statutory effect to the Ballarat West Local Structure Plan (LSP), which guides the future planning and development of approximately 18 square kilometres of land in the Ballarat West growth area. The evidence primarily focuses on the strategic issues, including the formulation and recommendations of the, particularly as it applies to activity centres. It also addresses more site-specific issues relating to the two localities in which Lascorp Development Group Pty Ltd (Lascorp) has an interest in establishing neighbourhood facilities. G:\13\133305\PL evidence_final.doc page 3

7 3 Background 3.1 Ballarat West Local Structure Plan The was prepared by Tract Consultants in 2005 and adopted by Council in May The plan was developed on the basis that Ballarat West had formerly been identified as a future growth area in Council s Municipal Strategic Statement. Its forerunners include the Ballarat Strategy Plan (December 1998) and the South West Sebastopol Outline Development Plan (August 1993), which applied to a small portion of the LSP area. The LSP provides a land use framework and guiding principles for the future urban development of approximately 18 square kilometres of land immediately west of the existing urban area of Ballarat. The Neighbourhood Concept Plan included within the LSP divides the Plan area into five neighbourhoods (refer Plan 1): Alfredton; Alfredton West; Delacombe North; Delacombe South; and Sebastopol. 3.2 Land in which Lascorp Development Group has an interest Lascorp has an interest in two land holdings within the LSP area. These are located in the Alfredton West and Delacombe South neighbourhoods respectively. Alfredton West Lascorp has an interest in land at 23 Remembrance Drive, Cardigan, which is located on the south-west corner of Remembrance Drive (the Avenue of Honour) and Dysons Drive. This land is currently owned by Roadcon. The company has previously had an interest in establishing a local centre in Cuthberts Road Alfedton and in 2005 submitted a combined rezoning and permit application for this site. Delacombe South The land in which Lascorp has an interest in the Delacombe South neighbourhood is 315 Glenelg Highway, Smythes Creek. This site comprises approximately 9.5 hectares of land on the south-west corner of the Glenelg Highway and Wiltshire Lane. Both these sites are located within areas designated for neighbourhood activity centres by the LSP (refer Plan 2). Lascorp seeks to develop them for retail purposes. As both sites are currently located within the Farming Zone, they will need to be rezoned before they can be developed. G:\13\133305\PL evidence_final.doc page 4

8 4 Amendment C117 The extent and scope of the proposed amendment is detailed in the Explanatory Report and the associated statutory documentation. In brief, the amendment seeks to: Include the Ballarat West Local Structure Plan as a reference document to the Ballarat Planning Scheme; Amend the local planning policy framework, at Clauses 21.03, 21.05, to accord with the Ballarat West Local Structure Plan (including amending the Overall Framework Plan at Clause and the Residential Framework Plan at Clause to show the LSP area); and Delete the South West Sebastopol policy, which is superseded by the LSP. G:\13\133305\PL evidence_final.doc page 5

9 5 Strategic Assessment In this section I undertake a broad strategic assessment of Amendment C117, with particular focus on the issues relating to the proposed activity centres at Alfredton and Delacombe. As such, I address the following questions: Is there strategic justification for focussing Ballarat s future urban growth into West Ballarat? Was the approach taken in the formulation of the appropriate? Can the proposed provision and location of activity centres within the LSP area be strategically justified? Can appropriate design responses be achieved at Lascorp s two land holdings within the Delacombe South and Alfredton West designated activity centres? 5.1 Is there strategic justification for focussing Ballarat s future urban growth into West Ballarat? Ballarat is identified in State policy (Clause 12.03) as one of a select number of regional cities specifically promoted for growth as a viable alternative urban location to Metropolitan Melbourne. The areas of Alfredton, Delacombe and Sebastopol have long been designated as growth areas in local strategies and policies. The South West Sebastopol Outline Development Plan was prepared in 1993 to guide development of this area that had been designated as land suitable for long-term residential development by the Ballarat Region Strategy Plan (Wilson Sayer Core, 1990). The 1998 Ballarat Strategy Plan identified areas of Alfredton, Delacombe and Sebastopol as preferred residential growth areas at Map 10, although it is noted that at this stage, other opportunities for residential growth were also identified (refer Plan 3). More recently, the Ballarat Municipal Strategic Statement (Clause 21.05) identifies a lack of opportunity for further development to the north, south and west of the Ballarat urban area. This is demonstrated in the map to Clause (refer Plan 4). Clause of the MSS states that: Urban expansion opportunities are limited by water supply catchment and high quality agricultural areas close to the eastern boundary of the City and State forest and plantation land bordering the Canadian Valley to the south (Mount Clear and Mount Helen). Long term opportunities for urban expansion are limited to the west and south-west. The map to this Clause identifies land to the west of Ballarat for short to medium term urban growth (primarily residential) and indicates that long term urban growth is to occur in a westerly direction (refer Plan 5). The extent of the Ballarat West LSP extends beyond the short to medium term opportunities to include some of the area to the west and north-west that was identified for long term G:\13\133305\PL evidence_final.doc page 6

10 growth and additional areas to the south-west and south that were identified in neither staging classification. More detailed studies of the area as part of the Structure plan process have identified a basis for this variation of boundary to the growth area and has led to the concept of corridor growth along Remembrance Drive and the Glenelg Highway. For the sake of brevity I see no useful purpose in further reviewing the choice or direction of future growth advanced by the structure plan. The council has for a long time recognised the role of Ballarat as a regional city that will be subject to on going growth. It has undertaken the strategic analysis that has identified the merit of a western growth front and it has made it explicit through its policy framework where the broad direction of that growth will occur. It has also been clear that the strategic direction will follow an ordered process; involving a hierarchy of plans, rezoning and planning approvals. This approach to growth area planning is strongly advocated in the policy framework for settlements, detailed at Clause 14 of the planning scheme and further elaborated upon at Clause of the local section. 5.2 Was the approach taken in the formulation of the appropriate? Structure planning for growth areas is an evolving art and technique. At the time that the was commissioned there were no agreed guidelines for the preparation of structure plans for green field sites. More recently the Government has established a Growth Areas Authority to oversee the planning and development of growth areas around Metropolitan Melbourne. It has overseen the preparation of Precinct Structure Planning Guidelines that again have an emphasis upon Melbourne but nonetheless provide useful guidance for regional cities needing to undertake the demanding task of planning for new communities. A further refinement of these guidelines is anticipated to be released imminently. The is a comprehensive document that clearly describes how the final plan was formulated. It describes the background to the study area, the principles which underpin the proposed plan (the vision) and the consultation process by which plan options were tested. Each of these stages provided considerations to be integrated into the final plan. The following contains a brief evaluation of the stages, with examples of resulting considerations particularly those relating to activity centres. Overall I consider that the addresses both the intent and most of the detailed expectations as set out in the Precinct Structure Planning Guidelines and provides the level and sophistication of planning that would be required of an LSP in the Metropolitan area. Background analysis The background analysis undertaken for the Plan area is general in nature, which is fitting for a structure plan. As outlined in the LSP, more detailed investigations will be required in the planning for individual land holdings and at the time of rezoning. I would anticipate that at the rezoning stage there will be requirements for Development Plan Overlays and a concurrent expectation of detailed site investigation and clear definition of outcomes. Nevertheless, the analysis G:\13\133305\PL evidence_final.doc page 7

11 undertaken provides land use information that is sufficient for the formulation of the Plan. The significant findings of this analysis indicate: That existing residential development in the area is located at Alfredton and Sebastopol both of which are relatively recent additions to the urban fabric; That very few commercial or retail developments are currently located within the study area; A need for community centres in the area; and The need for buffers between the existing industrial area and sensitive land uses. Planning principles (or vision ) The principles of ecologically sustainable development (ESD) form a vision for sustainable development to be been applied throughout the LSP area. The application of these principles is widely accepted as best practice within the planning and urban design disciplines. As is noted in Section 5 of the LSP, a central tenet of ESD is providing services that are easily accessible by the local community, to minimise trip-making and create a focus for the community. This entails locating shops, community and recreational uses in a central area, within a walkable catchment (or no more than 1 kilometre) from all housing. The concept of traditional neighbourhood design has been applied to the layout and location of activity centres. Again, it would appear as though the drafting of the plan preceded or occurred concurrently with amendments to the residential provisions of all Victorian Planning Schemes. A concurrent reform has been to amend the provisions of Clause and Clause 56 to advance the concepts and principles of ESD development in to livable and sustainable neighbourhoods. The expectation is that the provisions of Clause 56 will not be applied solely to the assessment of permit applications but that they will also inform structure and development planning. I endorse this approach but also note that there are limitations in applying these provisions literally to regional areas and cities. I provided briefings on these provisions to councils throughout Victoria on behalf of the Department of Sustainability and Environment (as it was then known) and concluded that if anything the provisions were biased towards metropolitan circumstances and infrastructure and the capacity to support various services. In many regional circumstances the capacity to reach the threshold to enable a full range of service to be provided is limited by the lower residential densities and smaller and dispersed communities. It is therefore necessary to temper the literal application of standards as detailed in Clause 56 with these considerations in mind. Nonetheless the breadth of principles remains valid. From my review of the LSP against the provisions of Clause 56 I can see the above context has influenced the outcome. Both in the broad urban design layout and in the detailed design standards adopted, the consultant has been mindful G:\13\133305\PL evidence_final.doc page 8

12 and designed the overall layout to perform well against the framework of considerations set out in the planning scheme. Consultation Section 6 of the LSP outlines the consultation process undertaken in the preparation of the Plan. The consultation undertaken with the community was comprehensive and applied at various stages of the process. Appendix 4 to the LSP document summarises the public submissions made during the community consultation process. A recurring issue in these submissions was the need for retail and community centres in the area. Plan options were both developed and tested with the community through Enquiry-by-Design. The LSP document includes the two plan options derived from this process at Appendix 3 and outlines how these plans were used to develop the final plan. Consultation was also undertaken with various referral authorities, who provided technical advice on the Plan. I consider that the above process was appropriate and comprehensive and that the final plan presented in the successfully integrates the resulting considerations. 5.3 Can the proposed provision and location of activity centres within the LSP area be strategically justified? The policy framework underpinning the hierarchy, location, composition and design of activity centres is found in a range of planning scheme provisions and referenced strategic planning reports. I have relied upon:- Clause A More Compact City Clause A Great Place To Be Clause Activity Centres Clause Business Clause Design and Built Form Clause Economic Development Clause Activity Centre Objectives Melbourne 2030 (2002) - DSE Draft Precinct Structure Planning Guidelines (2006) - DSE Activity Centre Guidelines (2004) - DSE The City of Ballarat Retail Development Strategy 2003 identified a hierarchy of activity centres that exists within the Ballarat municipality. This hierarchy is illustrated in the Ballarat Retail Hierarchy plan (Plan 6) and is summarised as follows: G:\13\133305\PL evidence_final.doc page 9

13 Regional centre/cbd Sub regional centre Large neighbourhood centres ( m 2 retail floorspace) Small neighbourhood centres ( m 2 retail floor-space) Bulky goods precincts Ballarat Central Business Area (CBA) (115,800m 2 of retail floor-space) Stockland Wendouree (22,100m 2 retail floor-space) Howitt Street shopping centre Sebastopol North Ballarat Marketplace Midvale shopping centre Northway shopping centre Alfredton shopping centre Buninyong Sebastopol Gillies Street Harvey Norman Howitt Street Ballarat CBD Sebastopol The Retail Strategy not only recognises the importance of this existing hierarchy of centres but also foreshadows the need for additional retail floor-space to complement the growth of the city. It recognises that the key areas for ongoing growth are to the west of Ballarat, in Alfredton and Delacombe (p. 46) and recommends one new supermarket-based shopping centre (or neighbourhood centre ) to serve both these areas. It is noted that this Strategy did not consider the development of new neighbourhoods only the potential expansion of existing areas. For this reason, it focuses on Alfredton, which has an established residential area and presents the main supply of land for new urban development. It therefore advocates the establishment of a new centre at Alfredton, in a location that: Serves the catchment; Is central to the Alfredton suburb; Is on a main road site; and Is co-located with community facilities. One of the potential locations listed for this centre is Sturt Street (Remembrance Drive) (pg. 94). Clause (Economic Development) of the Ballarat MSS, however, recognises that the Alfredton and Delacombe areas cannot be served by one centre and therefore includes the following strategy: G:\13\133305\PL evidence_final.doc page 10

14 Encourage the establishment of new commercial centres (of a neighbourhood centre status) within Alfredton and Delacombe to serve the growing population in these areas. In accordance with this strategy and the considerations outlined in section 5.2 above, the proposes two neighbourhood activity centres one to serve the Alfredton locality and one to serve Delacombe. These centres have both been located on main roads central to the future neighbourhoods. The LSP indicates that each of these centres should include approximately 12000m 2 of retail floor-space, which equates them with the large neighbourhood centres in the retail hierarchy outlined above. In addition to the neighbourhood centres, four local centres are proposed, which, at 3000m 2, equate to the small neighbourhood centres. The distribution of these centres ensures that the vast majority of new and existing residential areas will be within walking distance of retail services (refer Plan 7). In addition, they complement the existing centre hierarchy, as is demonstrated at Plan 8. The merit in siting the neighbourhood centres on the main arterial roads defining the corridors for the growth area has considerable merit. Accessibility in a subregional context in locations that are central to emerging communities is the intent of planning policy. These locations have a much stronger capacity to be serviced by public transport at an earlier time. The plan adopts the underlying principles of planning policy and focuses strongly upon these centres serving a mixed use role; with the community infrastructure plan (Plan 9) illustrating how a range of services, community facilities and higher density housing will agglomerate in these locations. There is clear evidence that the consultant has had regard to a broader range of relevant considerations other than just retail needs (refer section 11.3 of the LSP) and has assigned the location of supporting social infrastructure in accordance with policy for the composition of activity centres. While the LSP outlines the composition and broad preferred layout of each of the neighbourhood centres it correctly foreshadows the need to a precinct structure plan for both centres before detailed commitments and permits should issue. G:\13\133305\PL evidence_final.doc page 11

15 5.4 Can appropriate design responses be achieved at Lascorp s two land holdings within the Delacombe South and Alfredton West designated activity centres? The amendment is not concerned with approving layouts and design for any centres. Thus the following brief commentary provides useful direction to subsequent planning decisions rather than specifically bearing upon the decisions of the Panel. In making the following observations I have been provided with an application for rezoning made on behalf of Lascorp for the Delacombe site. This report has already noted that the LSP seeks to apply traditional neighbourhood design principles to the design of activity centres and that this will inturn be expected to take the form of traditional strip or main street shopping experiences Delacombe The LSP foreshadows that Delacombe will be the main retail based hub for Delacombe North and South. It foresees the main body of the centre being located to the south of the highway and at the main intersection with Wiltshire Lane. The main features would be:- Approximately 15,000 square metres of retail floor- space principally featuring a supermarket based centre and speciality shops; Higher order community facilities integrated with schools; The north side of the highway being smaller and serving the lower order retail and convenience needs; and A park. The proposal lodged with Council in December 2007 for the rezoning of land and a permit provided for only the Lascorp land on the south-west intersection of the above roads and did not address the broader structure planning for the activity centre. It also confined itself to Stage 1 and 2 and indicated the intention of a third stage on the southern portion of the land. The plan provided for 15,000 square metres of retail floor-space including a DDS and additional non-retail business uses and some community facilities. Stage 3 is indicated to be focus upon higher density residential opportunities. The layout of the plan was principally for a freestanding retail complex with a foreground of car parking. I have viewed a more recent draft of this proposal (April 2008) which moves closer to the intent of the LSP including a draft structure plan for the centre and adopting a design approach that more strongly endorses the principles of a strip shopping centre. Without endorsing a particular plan it is evident that there is the space to find a suitable design response. G:\13\133305\PL evidence_final.doc page 12

16 5.4.2 Alfredton At this time I understand Lascorp has not finalised and submitted a concept plan for the Alfredton West site. The site is clearly an appropriate site for a neighbourhood shopping centre of around 15000m 2, however, particularly given its prominent location, its topography and its position adjacent to existing residential areas and the proposed residential growth corridor. G:\13\133305\PL evidence_final.doc page 13

17 6 Conclusions Amendment C117 is the logical and sensible conclusion to a significant process of strategic planning addressing Ballarat s needs to provide for future growth and sustainable residential communities. I can identify a progressive evolution of thinking and analysis that has led to the Ballarat West Local Structure Plan as prepared by Tract Consultants. The plan has been prepared in an evolving environment of planning guidelines and planning scheme provisions however there is clear evidence that the content of the plan appropriately reflects the expectations of that newer planning context. The LSP and the proposed amendments to the planning scheme have been strategically justified particularly as they apply to the hierarchy and location of activity centres. I am satisfied that the land held by Lascorp is appropriate to be used and developed as part of the two neighbourhood centres proposed for the growth corridor. The manner of site use and developed will be properly addressed through structure and development planning for the activity centres. Rob Milner 5 th May 2008 G:\13\133305\PL evidence_final.doc page 14

18 7 Attachment 1 CV G:\13\133305\PL evidence_final.doc page 15

19 Coomes Consulting Group Pty Ltd A subsidiary of Downer EDI Curriculum Vitae Rob Milner Dip T&CP (Hons) LFPIA General Manager Planning Coomes Consulting Group Qualifications Diploma Town and Country Planning Liverpool UK First Class Honours Affiliations Life Fellow of the Planning Institute of Australia Member of the Victorian Planning and Environmental Law Association Profile Rob Milner has an established reputation as an urban planner and leader in the planning profession in Victoria, developed over nearly three decades of experience. He is equally competent in statutory and strategic planning and is regularly retained as an advocate and an expert witness on the broadest range of planning related matters as well as a facilitator and project manager. Rob has been both the State and National President of the Planning Institute of Australia and has taken an active role in the development of the profession throughout his working life. He has also been a member of the Minister for Planning s Local Government and Planning Advisory Council for the six years that the Council existed. Employment Summary Director/Partner, Rob Milner Planning P/L and Savage Milner Project Director, Collie Planning and Development Services Manager Town Planning Services, Jones Lang Wootton City Planner, City of Box Hill Perrott Lyon Mathieson Pty Ltd Knowledge Creativity Performance Engineering Surveying Planning Urban Design Landscape Architecture Sustainability and Environment Agribusiness Project Management Strategic Consulting G:/8/8061/Marketing/CV s page 1

20 Coomes Consulting Group Pty Ltd A subsidiary of Downer EDI Curriculum Vitae Rob Milner Specific Name Surname Experience Quals ABC Strategic Job Title, Coomes Studies Consulting Group Rob has had extensive experience in the leadership, participation and conduct of strategic planning studies that have lead to the preparation of planning policy, local structure plans or outline development plans. Rob is competent in the management of projects and multi-disciplinary teams, research, technical capability, report writing, lateral thinking and presentation skills (written and oral) required by these types of projects. Land Use and Development Approvals/Advice Rob has undertaken development approvals work including site planning, development design, advocacy, negotiation and consultation on a vast range of projects, working for planning authorities, developers and as a consultant to councils. He has been exposed to the widest range of projects both in terms of location and type of planning issues. Appeals and Panels Rob Milner is frequently retained to review planning matters and appears before the Victorian Civil and Administrative Tribunal, Independent Panels, hearings and cases before the Supreme Court and Liquor Control Commission. He is equally accomplished as an advocate or expert witness, but only acts in matters that concur with his professional opinion and integrity. His experience in these matters extends over twenty years and includes hundreds of cases covering all facets of planning, land use and development. Communication, Consultation and Facilitation Rob Milner has a wealth of experience as a public speaker and is regularly called upon to present papers or comment on current planning issues. As well as the preparation of technical reports, he writes regularly for professional newsletters and journals. He contributed to Planning News from 1979 to 1985 and acted as the Editor on a number of occasions. He has also regularly contributed to AustPlan, the quarterly national publication of the Royal Australian Planning Institute. He has presented papers or chaired numerous planning conferences. Knowledge Creativity Performance Engineering Surveying Planning Urban Design Landscape Architecture Sustainability and Environment Agribusiness Project Management Strategic Consulting G:/8/8061/Marketing/CV s page 2

21 Coomes Consulting Group Pty Ltd A subsidiary of Downer EDI Curriculum Vitae Rob Milner Organisational change Name Surname Rob works regularly with Councils and government agencies, in a facilitator role Quals ABC assisting them in business planning and specification writing, workplace reform, Job Title, Coomes Consulting Group tender evaluation and process reforms and structural change. He has been retained by more than 15 Councils in this regard and is a leading practitioner in this type of work as it applies to Statutory and Strategic Planning. Professional Associations and Development Rob has a commitment to the practice and development of the planning profession and has been a highly active participant with the Royal Australian Planning Institute. He has held a number of senior positions with RAPI including being the State and National President. He is currently a member of the evaluation panel on the National Awards for Planning Excellence. For his services to the profession Rob was made a Fellow of the Institute in National Overseas Study Rob has studied planning practice around the Nation. In 2000, he undertook a study tour in America, examining planning, architecture and urban design issues in Chicago, New York, Los Angeles and Orlando. Knowledge Creativity Performance Engineering Surveying Planning Urban Design Landscape Architecture Sustainability and Environment Agribusiness Project Management Strategic Consulting G:/8/8061/Marketing/CV s page 3