1 MICROBREWERY/TAVERN AND 13 SHOPS AT 5, 7 9, 11 AND 27 STATION STREET, KOO WEE RUP

Transcription

1 1 MICROBREWERY/TAVERN AND 13 SHOPS AT 5, 7 9, 11 AND 27 STATION STREET, KOO WEE RUP FILE REFERENCE INT RESPONSIBLE GENERAL MANAGER Phil Walton AUTHOR Richard Stevenson RECOMMENDATION That a Notice of Decision to Grant Planning Permit T be issued for the use and development of the land for a microbrewery (industry) and tavern and buildings and works associated with shops, associated reduction in car parking requirements, reduction in loading and unloading of vehicles requirements, alteration and creation of access to a Road Zone Category 1, removal of easement and sale and consumption of liquor at 5, 7, 9-11 & 27 Station Street, Koo Wee Rup, subject to the conditions attached to this report. Attachments 1 Locality plan 1 Page 2 Development plans 9 Pages 3 Letters of objection circulated to councillors only 7 Pages EXECUTIVE SUMMARY: APPLICATION NO.: APPLICANT: LAND: PROPOSAL: PLANNING CONTROLS: NOTIFICATION & OBJECTIONS: KEY PLANNING CONSIDERATIONS: T Malcolm Nichols of Mal Nichols & Associates 5, 7, 9-11 & 27 Station Street, Koo Wee Rup Use and development of the land for a microbrewery (industry) and tavern and buildings and works associated with shops, associated reduction in car parking requirements, reduction in loading and unloading of vehicles requirements, alteration and creation of access to a Road Zone Category 1, removal of easement and sale and consumption of liquor Commercial 1 Zone Land Subject to Inundation Overlay Notification by mail to the surrounding property owners and occupiers in conjunction with three (3) notices displayed on the land (one facing Rossiter Road, two facing Station Street). Two objections have been received to date. Reduction in car parking Pedestrian and vehicular access Sale and consumption of liquor Building design Town Planning Committee - 2 February 2015 Page 2

2 RECOMMENDATION: Approval subject to conditions BACKGROUND: The subject lots are located on the south western side of Station Street, Koo Wee Rup, near the intersection between Station Street and Rossiter Road. The site is bounded by the Koo Wee Rup Rail Trail along the south western boundary, with Rossiter Road forming part of the south eastern boundary. All lots also have frontages onto Station Street to the north east. The lot at 27 Station Street has a battle axe arrangement and runs to the rear of the properties from Station Street. Together, the four parcels of land have a total area of approximately 0.94 hectares. The land at 5, 7 and 27 Station Street is currently vacant of development, with two (2) older commercial buildings located on the land at 9-11 Station Street; however these buildings are not currently occupied. Surrounding land is used for commercial purposes, with Woolworths Supermarket directly abutting the North West boundary of the site. There are recreational areas to the south of the site, comprising of the Koo Wee Rup Trail and Cochrane Park, which includes an outdoor swimming pool and other facilities. There are residential areas further to the north and south of the site. SUBJECT SITE The site is located on the south west side of Station Street. The site is largely empty of built development, except for two commercial buildings located at 9-11 Station Street. These are currently vacant. Vehicular access can be gained to the site via one of four (4) existing crossovers from Station Street. Additionally, there is an existing crossover from Rossiter Road which can also be used to access the subject site. Both Station Street and Rossiter Road are Road Zone Category 1 roads and provide the major access to and through Koo Wee Rup. The main characteristics of the surrounding area are: The land directly north of the site is occupied by commercial properties within a Mixed Use Zone, with large residential areas further north of the site. Woolworths Supermarket is located directly west of the subject site, with an associated off street car parking area. There is a very large parcel of land further west of the site, currently located within a Farming Zone. Koo Wee Rup Rail Trail and Cochrane Park are located to the south of the site, with wide spread residential areas. Koo Wee Rup Regional Health Services is located to the south west of the site, adjoin Cochrane Park. There are further commercial and residential areas to the east of the site. The properties at Station Street currently contain a service station and existing commercial buildings. PROPOSAL The proposal is for the use and development of the land for a microbrewery and tavern and buildings and works associated with shops consists of three (3) buildings, including a main building Town Planning Committee - 2 February 2015 Page 3

3 on the southern boundary of the site and two separate buildings to the north of the site, fronting Station Street and the internal access. The main building will contain both the microbrewery and tavern. The building is proposed to be 65.5 metres long and metres wide, including four outdoor deck areas. The building is proposed to be two storeys, with the majority of the building at a maximum height of 7.1 metres. The entrance to the brewery, in the north western corner of the building, is to be constructed to a height of 11 metres as a feature. There are two entrances to the tavern, both on the ground and first floors, through the eastern side of the building. This building will be in a modern industrial style, with areas of timber cladding and corrugated steel cladding. There are feature columns near the entrances to the building on the front (northern) elevation, in addition to selected areas of feature cladding. The tanks for the microbrewery will remain partially exposed and will be a visible part of this front façade. The two other buildings are proposed to contain a total of 13 retail tenancies. One of these buildings already exists and will be extended and modified to suit, with the other to be constructed. The buildings will largely be single storey, at a height of 5.4 metres, however the existing building to be incorporated is two storeys, and there is a feature corner to be added to a height of approximately 8 metres. Both buildings will be more of a classic shopfront style, with wrap around verandahs, rendered sandstone facades and timber and ironwork detailing. Operating hours The proposed operating hours for the site are as follows: Microbrewery/Tavern MONDAY THURSDAY: FRIDAY: SATURDAY: SUNDAY: (Deliveries: 11am to 12 midnight 11am to 1am 8am to1am 8am to 12 midnight 8am to 11am weekdays) The proposed operating hours for the microbrewery/tavern are within the guidelines specified within the Victorian Liquor Licencing Commission. Shops / Retail MONDAY THURSDAY: FRIDAY: SATURDAY: SUNDAY: 8am to 5.30pm 8am to 9pm 8am to 5.30pm 10am to 4pm Car parking The proposal includes 164 car parking spaces on the subject site. Sale and consumption of liquor The proposed red line plan will run along the external walls of both storeys of the microbrewery/tavern, and will extend to include all the outdoor areas and access stairs. Town Planning Committee - 2 February 2015 Page 4

4 There are a proposed maximum of 450 patrons to be accommodated at any one time within the microbrewery/tavern. PLANNING SCHEME PROVISIONS State Planning Policy Framework (SPPF) The relevant clauses of the SPPF are: Clause Integrated decision making Clause Urban Design Clause Business Clause Facilitating Tourism Clause Car Parking Local Planning Policy Framework (LPPF) The relevant clauses of the LPPF are: Clause Employment Clause Tourism Relevant Particular/ General Provisions and relevant incorporated or reference documents The relevant provisions/ documents are: Clause Easements, Restrictions and Reserves Clause Car Parking Clause Loading and unloading of vehicles Clause 65 Decision Guidelines Zone The land is subject to the Commercial 1 Zone Overlays The land is subject to the following overlays: Land Subject to Inundation Overlay Town Planning Committee - 2 February 2015 Page 5

5 PLANNING PERMIT TRIGGERS The proposal for the use and development of the land for a microbrewery (industry) and tavern and buildings and works associated with shops, associated reduction in car parking requirements, reduction in loading and unloading of vehicles requirements, alteration and creation of access to a Road Zone Category 1, removal of easement and sale and consumption of liquor, requires a planning permit under the following clauses of the Cardinia Planning Scheme: Pursuant to Clause of the Commercial 1 Zone, a permit is required for a Section 2 Use (industry). Pursuant to Clause of the Commercial 1 Zone, a permit is required to construct a building or construct or carry out works. Pursuant to Clause of the Land Subject to Inundation Overlay, a permit is required to construct a building or to construct or carry out works. Pursuant to Clause Easements, Restrictions and Reserves, a permit is required to create, vary or remove an easement. Pursuant to Clause Car Parking, a permit is required to reduce the number of car parking spaces required under Clause Pursuant to Clause Licensed Premises, a permit is required to use land to sell or consume liquor. Pursuant to Clause Land adjacent to a Road Zone, Category 1, or public acquisition overlay for a category 1 road, a permit is required to create or alter access to a road in a Road Zone Category 1. PUBLIC NOTIFICATION The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987, by: Sending notices to the owners and occupiers of adjoining land. Placing three (3) signs on site The notification has been carried out correctly, and Council has received 2 objections and 1 letter of support to date. The key issues that were raised in the objections are: Scale of development in comparison to the current site of Koo Wee Rup township Impact on the rural character of the township Economic considerations and impact on local businesses Increased traffic and creation of potential hazards, along Station Street and Rossiter Road. Proximity to public open space Increase in the number of licenced premises open late at night Impact on heritage values of the area Impact of gaming Town Planning Committee - 2 February 2015 Page 6

6 The key issues that were raised in the letter of support are: The letter of support was received from the Koo Wee Rup Township Committee. Within the letter the committee detailed that they felt the proposal would be an asset for the town and would attract business and tourists into the town once the proposed bypass is opened. In addition the pedestrian link between Station Street and Cochrane Park Reserve was encouraged. REFERRALS Melbourne Water The application was referred to Melbourne Water as a determining referral. Melbourne Water had no objection to the proposal subject to conditions Vic Roads The application was referred to Vic Roads as a determining referral. Vic Roads had no objection to the proposal. Victoria Police The application was referred to Victoria Police as a determining referral. Victoria Police had no objection to the proposal. South East Water The application was referred to South East Water as a recommending referral. South East Water had no objection to the proposal subject to conditions DISCUSSION Car parking A total of 231 car spaces are required under Clause of the Cardinia Planning Scheme for the proposal. The table below provides the breakdown between the different uses: Use Area/Patrons Planning Scheme Parking Required Requirement Microbrewery / Tavern 450 patrons 0.4 spaces per patron 180 spaces required Shops / Retail 1298m 2 4 spaces to each 100m 2 of leasable floor area Total 51 spaces required 231 spaces It is proposed that 164 car spaces be provided on the subject site, and therefore a reduction of 67 car spaces is required. In considering a parking reduction Council must consider the availability of alternative parking in the locality, availability of public transport, impact on adjoining uses, previous uses and impact on the local traffic management of the area. The Kooweerup Township Strategy states that 'the town centre is well provided with parking to service its current demands'. This is supported by the Traffic Town Planning Committee - 2 February 2015 Page 7

7 Engineering Assessment submitted with the planning application, which undertook surveys at three different times. These surveys identified that there were between 82 and 154 vacant car parking spaces in the nearby area at all times during the survey period (the survey period was between 11am and 1pm on Friday 21 June 2013, 7pm and 9pm on Friday 21 June 2013, and 11am and 2pm on Saturday 22 June). The Traffic Engineering Assessment which, using evidence of the occupancy of other car parking in the area and availability of these spaces throughout the day/week as detailed above determines that the car parking already existing in the vicinity of the site will be adequate to provide for the 67 spaces that will not be provided for onsite. Furthermore, it is expected that the peak times for the shops and microbrewery are likely to be at different times of the day. The microbrewery is likely to be at its peak during the evenings and weekend afternoons. The shops are likely to be at their peak during business hours, being 9am to 5pm on weekdays. In order to restrict peak time activity a condition should be imposed on any permit to restrict the opening hours of the proposed shops from 8am to 6pm. The application was referred to Council s Traffic Engineer who supports the car parking reduction subject to the placement of a condition on opening hours for the proposed shops. The Engineers were also were satisfied with the car parking layout and circulation. The proposal will provide for significant growth in relation to business development and job opportunities, which the Township Strategy supports, and identifies a need for. As such, a balanced approach to ensuring business and job opportunities are created, against the potential impact of the car parking reduction needs to occur. For the above reasons, it is officer's view that this proposal achieves this balance. The Cardinia Planning Scheme includes a requirement for the loading and unloading of vehicles for commercial vehicles pursuant to Clause The proposed development has provided two loading and unloading bays. The loading bay to the microbrewery complies with Clause 52.07, however the loading bay to the shops does not. It is considered that the reduction in the loading bay requirements for the proposed shops is appropriate, as only a smaller scale loading area that can accommodate a van is considered to be required for this. The proposed loading bay could accommodate this type of vehicle, and therefore it is considered appropriate to reduce the requirements for the loading bay for the proposed shops. Pedestrian and vehicular access Vehicular access to the car park is proposed from two entry and two exit points, with both of the entry points being located along Station Street. The first entry point is an existing access located at the north western corner of the site and will be one way only. The second entry point is to be located on the northern boundary, this location will also allow for an exit point. The second exit point will be designated one way and located on the eastern boundary exiting onto Rossiter Road. As both Station Street and Rossiter Road are classed as Category 1 road Zones, they fall under the jurisdiction of VicRoads and as such the application was referred to VicRoads for their comments. VicRoads initially objected to the proposal, however since this time there have been a number of alterations to the layout of the proposal to address VicRoads concerns regarding the access to and from the site. VicRoads have now provided their approval for the proposal subject to conditions to be placed on any permit issued. Council s Traffic Engineer has no objection to the proposed entry and exit points and as such it has been determined that the proposed access to the site is appropriate and should be supported. Town Planning Committee - 2 February 2015 Page 8

8 Pedestrian access to the site will be via pathways from Station Street, and will connect via internal pathways and suitable pedestrian crossings which will be located throughout the development. In addition a 2 metre wide pedestrian footpath along within an easement will be required along the western boundary of the site to link Station Street with Cochrane Park Reserve and the Koo Wee Rup Rail Trail. A pedestrian access from the site to Rossiter Road will be required by way of permit condition. Design and Built Form As highlighted above the development has undergone design changes through the course of the application in response to functional layout concerns, including requirements for the location of access points and requirements in relation to car parking numbers. The proposal in its current form includes the following features: The main building will contain both the microbrewery and tavern. This main building is proposed to be two storeys, with the entrance to the brewery in the north western corner of the building to be constructed to 11 metres as a feature. The brewery building will be in a modern industrial style, with areas of timber cladding and corrugated steel cladding. There are feature columns near the entrances to the building on the front (northern) elevation, in addition to selected areas of feature cladding. The tanks for the microbrewery will remain partially exposed and will be a visible part of this front façade. The two other buildings are proposed to contain a total of 13 retail tenancies. One of these buildings already exists and will be extended and modified to suit, with the other to be constructed. The buildings will be single storey, however the existing building to be incorporated is two storeys, and there is a feature corner to be added to a height of approximately 8 metres. The retail buildings will be more of a classic shopfront style, with wrap around verandahs, rendered sandstone facades and timber and ironwork detailing thereby providing a link with the existing look for the town. The brewery building will have a more modern industrial feel but will use similar materials and colours to provide cohesive design at a prominent location within the town. Council officers are satisfied with the design of the proposal, however amended plans will be required in order to satisfy Council officers in relation to how the interface between the car park, the brewery building and Cochrane Park Reserve will be treated. These requirements can be included as permit conditions. Sale and Consumption of Liquor The application also includes the provision of a licensed premise for the proposed microbrewery and tavern. The proposed use will allow for the sale and consumption of the liquor on the subject site. It is noted that a red line plan indicating where the sale and consumption of the liquor has been provided. The proposed area will contain the whole ground and first floors of the building including the external outdoor terrace areas. These areas are considered suitable. In addition the patron numbers have been reduced from the originally proposed 500 patrons to 450 patrons. Patron numbers will be restricted by a condition placed on the permit. The use of the land for the purpose of the sale and consumption of liquor is consistent with the microbrewery/tavern use and is reasonable within the given the location of the premises within an established commercial area. The use will be subject to suitable restrictions to the hours of operation and appropriate amenity conditions to ensure minimal impact on the surrounding development. As such the proposed use is consistent with the established commercial area and is consistent with both the State and Local Planning Policy framework. Town Planning Committee - 2 February 2015 Page 9

9 The proposal included hours of operation of between: MONDAY THURSDAY: FRIDAY: SATURDAY: SUNDAY: 11am to 12 midnight 11am to 1am 8am to1am 8am to 12 midnight The allowed hours of operation of the premises will provide for a suitable balance between the operation of the business and the need to ensure minimal impact on the surrounds and the wider community. This proposed use has potential amenity impacts on the surrounds that can be suitably minimised through the appropriate management of the use on the site. These can be addressed by permit conditions such as including the restriction of hours of operation, and the requirement of a Patron Management Plan relating to a number of actions by the permit holder including management techniques and staff training and other amenity conditions. Objectors concerns A number of the objector concerns are addressed above, however the following provides a response to those not previously addressed. The objectors raised concerns regarding the liquor licence component of this application and the appropriate management of the patrons. It is considered that the proposed use is consistent with the operation of a tavern on the site within a commercial zoning and subject to appropriate management conditions will ensure that the use will have minimal impact on the wider site context. Gaming was highlighted within one of the objections. No application for gaming has been applied for within this application and as such this ground for objection cannot be considered. Any proposed gaming activities on the land would be required to submit a planning application for such a use. In addition the issue of heritage was outlined within one of the objections, the subject site is not located within a Heritage Overlay or directly adjacent to any building that is heritage listed, therefore this ground for objection cannot be considered. Further comments in relation to traffic were raised. As detailed within the report the application has been referred to Vic Roads and Councils Traffic Engineer. Through extensive discussions with the applicant and Vic Roads, Vic Roads are satisfied that the road network can accommodate the development and have given approval of the development subject to conditions as such the proposal is deemed acceptable. Commercial competition has been raised in both objections. Commercial competition is not a valid ground for objection and as such cannot be considered. CONCLUSION It is considered that the application is consistent with the requirements of the Cardinia Planning Scheme and should be approved. CONDITIONS Plans required 1. The development must not be commenced until three (3) copies of amended plans have been submitted to and approved by the Responsible Authority. The plans must be drawn to scale and Town Planning Committee - 2 February 2015 Page 10

10 dimensioned in metric. The plans must be generally in accordance with the submitted plans but modified to show: a) The requirements as detailed within Vic Roads Condition 31. b) The requirements as detailed within Melbourne Water Condition 38. c) A 2 metre wide pedestrian access footpath along the western boundary from the footpath at Station Street to Cochrane Park/ Kooweerup rail trail. d) The proposed boundary fencing or other proposed treatment at the interface between the car park and Cochrane Park Reserve/ Koo Wee Rup Rail Trail. e) Adequate waste refuse areas for the proposed 13 retail units. This must detail location, appropriate screening and proposed controls to prevent littering, odour and vermin. f) A pedestrian access footpath from the existing footpath on Rossiter Road to the internal footpath network within the site. g) A lighting plan, which provides details of the lighting to be installed throughout the site, including car parking areas and footpaths. 2. Before the development starts: a) The owner must create a 2m wide Pedestrian access easement along the western boundary of property at No. 27 Station Street to the satisfaction of Responsible Authority. b) Lots CA3V(PT), L3U(PT) & 3V(PT) PT, L3U LP112946, L3S LP112946, 5, 7, 9-11 & 27 Station Street, Koo Wee Rup must be consolidated under the Subdivision Act 1988 as evidenced by the certification of a plan by the Responsible Authority and the registration of such a plan by the Registrar of Titles. c) The owner must obtain the consent from the relevant authority for any construction over any easements identified. d) A stormwater management plan showing the stormwater works to the nominated point of discharge must be submitted for the approval of the Responsible Authority. The stormwater management plan must be prepared by a suitably qualified person and show details of the proposed stormwater works including all existing and proposed features that may have impact (including trees to be retained, crossings, services, fences, abutting buildings, existing boundary levels etc). All works must be undertaken in accordance with the approved stormwater management plan. 3. Before the development starts, a landscape plan prepared by a person suitably qualified or experienced in landscape design to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must be generally in accordance with the submitted plans, except that the plan must show: a) A survey (including botanical names) of all existing vegetation to be retained and/or removed including street trees. Town Planning Committee - 2 February 2015 Page 11

11 b) Buildings and trees (including botanical names) on neighbouring properties, including the road reservation within three metres of the boundary. c) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant for the common property throughout the site. d) Details of surface finishes of pathways for the property throughout the site including a pedestrian path from the front of the site to the entrance of the building. e) Details of Tree protection measures if required, to ensure the health of the trees on the site and any adjoining properties. All species selected must be drought tolerant and selected to the satisfaction of the Responsible Authority. 4. Before the development is occupied: a) All footpaths shown on the endorsed plans, including a 2m wide concrete pathway for pedestrian access within the newly created easement as required under Condition 2a, from the footpath at Station Street to the Koo Wee Rup Rail Trail located within Cochrane Park, must be constructed to the satisfaction of Responsible Authority. b) A patron management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be consistent with the endorsed plans and include: i. Staffing and other measures which are designed to ensure the orderly arrival and departure of patrons. ii. The training of staff in the management of patron behaviour. iii. Staff communication arrangements. iv. Measures to control noise emissions from the premises. c) The landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. d) The lighting works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. e) All proposed areas set aside on the approved plan/s for access, circulation and car parking must be constructed with concrete, asphalt or other approved hard surfacing material, drained and the parking areas delineated to the satisfaction of the Responsible Authority. Once constructed, these areas must be maintained to the satisfaction of the Responsible Authority. 5. The layout of the site and the size of the proposed buildings and works, as shown on the approved plans, must not be altered or modified without the consent in writing of the Responsible Authority. Town Planning Committee - 2 February 2015 Page 12

12 6. Once the development has commenced, it must be continued and completed to the satisfaction of the Responsible Authority. 7. Except with the written consent of the Responsible Authority the shop premises must operate only between the following days/times: MONDAY THURSDAY: 8am to 6pm FRIDAY: 8am to 6pm SATURDAY: 8am to 6pm SUNDAY: 10am to 4pm 8. Except with the written consent of the Responsible Authority the Microbrewery/Tavern premises must operate only between the following days/times: MONDAY THURSDAY: 11am to 12 midnight FRIDAY: 11am to 1am SATURDAY: 8am to1am SUNDAY: 8am to 12 midnight 9. Not more than four hundred and fifty (450) patrons may be present on the Microbrewery/Tavern premises at any one time without the written consent of the Responsible Authority. 10. The licenced premises as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. 11. Without further consent of the Responsible Authority, the sale and consumption of liquor shall occur only within the confines of the premises and the designated licensed area, as specified on the endorsed plan. 12. At all times during the operation of the use, there must be present on the premises a person over the age of 18 years who is responsible for ensuring that the activities on the premises and the conduct of persons attending the premises do not have a detrimental impact on the amenity of the area (referred to in this permit as "the manager"). The manager must be authorised by the operator under this permit to make statements at any time on his/her behalf to any officer of the Responsible Authority and of the Victoria Police and/or of Liquor Licensing Victoria authorised under Section 129 of the Liquor Control Reform Act 1998; and/or to take action on his/her behalf in accordance with a direction by such officer. 13. A copy of this permit must be displayed in a conspicuous position on the premises and, where applicable, adjacent to any statutory notices required to be exhibited. 14. Cigarette disposal facilities must be placed in appropriate external locations to ensure any customer smoking litter is contained. 15. External lighting must be designed, baffled and located so as to not detrimentally effect on adjoining land whilst providing appropriate measures to ensure adequate lighting and security while the premises is in operation to the satisfaction of the Responsible Authority. 16. All amplified music offered must be kept to background levels only. No external sound amplification equipment or loudspeakers are to be used for the purpose of announcements, broadcasts, playing of music or similar purposes. Town Planning Committee - 2 February 2015 Page 13

13 17. Noise levels emanating from the premises must not exceed those permissible levels determined under: a) State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade), No. N-1. b) State Environment Protection Policy (Control of Music Noise from Public Premises), No. N No deliveries to or removals from the subject land, may take place after 6.00 pm or before 6.00 am on any day without the prior written consent of the Responsible Authority. 19. The site must be so ordered and maintained as not to prejudicially affect the amenity of the locality by reason of appearance. 20. The use and development must not detrimentally affect the amenity of the area, through the: a) Transport of materials, goods or commodities to or from the land. b) Appearance of any building, works or materials. c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. d) Presence of vermin. 21. The existing landscaping must be maintained to the satisfaction of the Responsible Authority and used for no other purpose, including that any dead, diseased or damaged plants are to be replaced. 22. Stormwater must not be discharged from the subject land other than by means of an underground pipe drain discharged to an outlet in the street or to an underground pipe drain to the satisfaction of the Responsible Authority. 23. Stormwater works must be provided on the subject land so as to prevent overflows onto adjacent properties. 24. Earthworks must be undertaken in a manner that minimises soil erosion. Exposed areas of soil must be stabilised to prevent soil erosion. The time for which soil remains exposed and unstablised must be minimised to the satisfaction of the Responsible Authority. 25. Erosion must be controlled during construction in accordance with the Environment Protection Authority Guideline TG208/90 (as amended) or in accordance with such guideline, policy or role that replaces TG 208/ At least 14 days before any works start, a site specific Construction Environmental Management Plan (CEMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the CEMP will be endorsed and will then form part of the permit. All works must be undertaken in accordance with the approved CEMP. The CEMP must address all environmental risks and include: a) Temporary stormwater management including sedimentation control, b) Provision of pollution and contamination controls including noise and dust c) Location of stockpiles and stockpile management Town Planning Committee - 2 February 2015 Page 14

14 d) Location of site office and facilities e) Equipment, materials and goods management f) Tree protection zones, trees to be retained and trees to be removed 27. All wastewater must be discharged into reticulated sewerage system to the satisfaction of the Responsible Authority. 28. In view of the potential for noise generation and traffic movements affecting nearby residential lots compliance with EPA requirements relating to noise generation from these commercial premises must occur. 29. All bins and receptacles used for the collection and storage of garbage, bottles and other solid wastes shall be kept in a storage area screened from view to the satisfaction of the Responsible Authority. 30. The exterior colour and cladding of the development must not result in any adverse visual impact on the environment of the area and all external cladding and trim of all of the buildings, including the roof, must be of a non-reflective nature. Vic Roads 31. Before the development commences plans must be amended. Then amended the plans may be endorsed and form part of the permit. The plans must be generally in accordance with the application plans but modified to: a) Be generally consistent with G Issue C and G both dated 24 September, 2014, to the satisfaction of VicRoads. 32. Prior to the commencement of the use of the development, the access and associated works, generally in accordance with plans G Issue C and G both dated 24 September, 2014 by Traffix Group, are to be constructed to the satisfaction of and at no cost to VicRoads and the Responsible Authority. 33. Before the commencement of any works required by VicRoads under this permit a detailed engineering design must be prepared generally in accordance with the accepted functional layout plan and to the satisfaction of VicRoads. 34. The preparation of the detailed engineering design and the construction and completion of all work must be undertaken in a manner consistent with current VicRoads policy, procedures and standards and at no cost to VicRoads. In order to meet VicRoads requirements for these tasks the applicant will be required to comply with the requirements documented as Standard Requirements Developer Funded Projects and any other requirements considered necessary depending on the nature of the work. 35. A Road Safety Audit will be needed as a review of any detailed engineering plans. The Road Safety Audit must be prepared by an independent VicRoads pre-qualified road safety auditor and prepared in accordance with Austroads Guide to Road Safety Part 6: Road Safety Audit (2009). 36. The detailed engineering plans of the access arrangement at Station Street (Healesville Koo Wee Rup Road) must be amended to address any items raised in the Road Safety audit to the Town Planning Committee - 2 February 2015 Page 15

15 satisfaction of VicRoads prior to the approval of the plans. 37. No work must be commenced in, on, under or over the road reserve without having first obtaining all necessary approval under the Road Management Act 2004, the Road Safety Act 1986, and any other relevant acts or regulations created under those Acts. Melbourne Water 38. Prior to the development plans being endorsed and the commencement of works, amended plans must be submitted to Council and Melbourne Water addressing Melbourne Water's conditions. Plans must be submitted with ground and floor levels to Australian Height Datum. 39. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water's drains or waterways. 40. The buildings must be constructed with finished floor levels set no lower than 5.65 metres to Australian Height Datum. 41. Prior to the issue of an Occupancy Permit, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements. 42. All open space within the property, including the car park, must be set at the existing natural surface level so as not to obstruct the passage of floodwaters. 43. Imported fill must be kept to a minimum on the property and must only be used for the sub floor areas of the buildings. South East Water 44. The owner of the subject land must enter into an agreement with South East Water for the provision of water supply and fulfil all requirements to its satisfaction. 45. The owner of the subject land must enter into an agreement with South East Water for the provision of sewerage and fulfil all requirements to its satisfaction. 46. Consent is required from South East Water for any construction over easements for water supply/sewerage purposes, or construction within 1 metre of a South East Water asset, which includes a sewer connection point. Permit Expiry This permit will expire if one of the following circumstances applies: a) The development and use are not started within two (2) years of the date of this permit. b) The development is not completed within four (4) years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing in accordance with Section 69 of the Planning and Environment Act Town Planning Committee - 2 February 2015 Page 16

16 Notes: Permission given under planning legislation cannot be construed as permission relating to any other legislation under Council jurisdiction, such as Public Health & Wellbeing, Food or Tobacco Acts. As the development will be used for a commercial enterprise involving handling and sale of food and drink the business must be registered under the Food Act 1984 with Council s Environmental Health Unit prior to commencing operation. Should the future development be used for a commercial enterprise involving handling of food or drink, hairdressing, beauty therapy, myotherapy, colonic irrigation, skin penetration or tattooing or be providing accommodation to more than four (4) persons then the applicant must contact the Environmental Health Department for further advice concerning legislative requirements. A Building Permit may be required for this development. To obtain a building permit you will need to contact a registered building surveyor. The applicant is advised to contact Yarra Valley Water/South East Water to determine the best location for the Food and Oil Interceptor (grease trap). For further information on South East Water s build over approval requirements, please contact the Development Branch on or alternatively, you may review the guidelines on works near assets and easements from our internet website Should you have any enquiries regarding Vic Roads conditions, please contact Kugan Kuganesan on or MSE_Mail@roads.vic.gov.au The applicable flood level for the property is 5.05 metres to Australian Height Datum. If further information is required in relation to Melbourne Water's permit conditions shown above, please contact Melbourne Water on , quoting Melbourne Water's reference Flood Level Information: The property is located within Zone 4 of the Koo Wee Rup Flood Protection District. Preliminary land and flood level information available at Melbourne Water indicates that the property is subject to flooding from Melbourne Water's drainage system. For a storm event with a 1% chance of occurrence in any one year, the flood level for the property is 5.05 metres to Australian Height Datum. Freeboard: Freeboard is the difference between the floor level of a building and the 100-year flood level. Freeboard requirements are designed to ensure that valuable buildings, their contents and the people in them are safely above the 100-year flood level. The plans submitted with the application must be amended to indicate Melbourne Water s minimum floor level requirements have been complied with. If you have any enquiries, please contact me on telephone or Con.Gantonas@melbournewater.com.au Town Planning Committee - 2 February 2015 Page 17

17 Attachment 1 Locality plan Attachment 1 - Locality plan Page 18

18 Attachment 2 Development plans Attachment 2 - Development plans Page 19

19 Attachment 2 Development plans Attachment 2 - Development plans Page 20

20 Attachment 2 Development plans Attachment 2 - Development plans Page 21

21 Attachment 2 Development plans Attachment 2 - Development plans Page 22

22 Attachment 2 Development plans Attachment 2 - Development plans Page 23

23 Attachment 2 Development plans Attachment 2 - Development plans Page 24

24 Attachment 2 Attachment 2 - Development plans Development plans Page 25

25 Attachment 2 Development plans Attachment 2 - Development plans Page 26

26 Attachment 2 Attachment 2 - Development plans Development plans Page 27