Frank Mangan, Team Leader Strategic Projects Planning Manager Strategic Planning YES

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1 REPORT TO Council Meeting ITEM NO. 2.2 MEETING DATE Monday, 10 December, 2012 SUBJECT PREPARED BY AUTHORISED BY ATTACHMENT(S) Frank Mangan, Team Leader Strategic Projects Planning Manager Strategic Planning YES PURPOSE The purpose of this report is to recommend that Council supports a request to the Minister for Planning for authorisation to prepare and exhibit a proposed Planning Scheme Amendment C175. Amendment C175 would propose to introduce a new Development Plan Overlay Schedule 18 (DPO18) on land located at. The land has an existing planning approval (P07/ ) for a two storey mixed use development with a restaurant and two cafés, apartments, an on premises liquor license and a reduction in car parking, along with the removal of vegetation and associated works. DPO18 would facilitate the consideration of a similar mixed use development on the land with basement parking, restaurant/café uses at ground level and medium density residential development (apartments). The new proposal is three storeys in height. The Amendment is required, because currently a two storey height limit applies to the land. The Amendment would therefore enable a change to the approved development, adding a third storey. It would also ensure hospitality uses at ground floor level and a building design that has been prepared in consultation with Council s Design Advisory Panel. The proposed three storey development accords with the Rosebud Activity Centre Structure Plan, which was adopted on 24 September, The Structure Plan shows that a building height up to three storeys may be considered in the Jetty Road Precinct and encourages hospitality uses in this location. The Structure Plan is to be linked to the Mornington Peninsula Planning Scheme through a future Planning Scheme Amendment. However, the major Amendment (which will include changes to height controls) will take some time to prepare and to be processed and considered. The purpose Amendment C175 is effectively to expedite the implementation of an element of the adopted Structure Plan at the request of the landowner, with costs to be met by the landowner. DPO18 includes adequate safeguards for the consideration of the residential amenity of adjacent land and the environmental values of the adjacent foreshore. It also includes specific guidelines to ensure that a well-designed building would be achieved. These guidelines have been developed in consultation with the land owner, the Design Advisory Panel and the Strategic Planner Heritage and Urban Design. It is therefore considered to be justified from a strategic planning policy perspective. It is considered that the proposal has sufficient merit to warrant exhibition in order to obtain community feedback before any final decision is made by Council. To expedite the process, authorisation from the Minister for Planning to prepare the Amendment has been sought by the Manager Strategic Planning under delegation, on the basis that Council is able to abandon an amendment at any stage. It is recommended that Council endorses the authorisation requested. Mornington Peninsula Shire Council 1

2 BACKGROUND The subject land at 1A and 1B Jetty Road has an area of 2,551 square metres. The land is in the Residential 1 Zone (R1Z) and is also affected by the Design and Development Overlay Schedule 1: Township Design (DD01). The Explanatory Report for the Amendment in Attachment 2 provides further detail. DDO1 imposes a mandatory building height limit of two storeys and 10 metres. Figure 1: Location Map and Aerial Mornington Peninsula Shire Council 2

3 BACKGROUND (CONT D) Figure 2: Zoning Map THE PROPOSAL Amendment C175 would apply DP018 to the land, providing a variation to the building height limit and facilitating a three storey mixed use development comprising basement parking, restaurant/cafe uses at ground level and medium density residential development (apartments). Amendment C175 (the proposed text and map for DPO18) is shown in Attachment 1. PROCESS At this initial stage, Council, as the Planning Authority, is not required to come to a final view about whether it supports the proposal. However, Council needs to determine whether the proposal has sufficient merit to warrant a request to the Minister for Planning to authorise the preparation and exhibition of the Amendment. If authorisation is granted, the subsequent exhibition process will include a one month exhibition period with individual notices sent to neighbours, on-site signs and notices published in the local newspaper and on the Shire s website. Mornington Peninsula Shire Council 3

4 POLICY CONTEXT The policy context is established by the State and Local Planning Policy Frameworks of the Planning Scheme and the Metropolitan Strategy, Melbourne 2030, in addition to the Council s Community Plan and Sustainability Framework. The Explanatory Report in Attachment 2 sets out the detailed policy context for the Amendment. In summary: Council adopted the Rosebud Activity Centre Structure Plan on 24 September, The Structure Plan establishes a long term vision for Rosebud as a basis for future planning and decision making about the use and development of private and public land; The Structure Plan foreshadows a possible increase in the height limit in medium density housing precincts, including the subject land, to three stories and promotes residential consolidation close to the Point Nepean Road frontage; The Structure Plan includes the site as part of a key node of the activity centre the Jetty Road Precinct; and The Structure Plan encourages the activation of the Jetty Road Precinct through the creation of a cafe/restaurant precinct that builds on the recreation theme of the foreshore and pier, noting that there is already an existing café at the south-western corner of Jetty and Point Nepean Road. In conjunction with the above, the Rosebud Coastal Management Plan 2012 designates the nearby foreshore area as a Recreation Node. DISCUSSION Council is not required to make a final decision about the proposed Amendment at this point in time. However, it is appropriate that a preliminary assessment be made in order to ascertain whether the proposal has sufficient merit to warrant its progress to the next stage of the Amendment process. The land has an existing planning approval (P07/ ) for a two storey mixed use development with a restaurant and two cafés, apartments, an on premises liquor licence and a reduction in car parking, along with the removal of vegetation and associated works. The Amendment would enable a change to the approved development by: Adding a third storey, with additional apartments; Ensuring restaurant/café uses at ground level; and Ensuring the design of the building has the support of Council s Design Advisory Panel. The proposed three storey development accords with the building height limits envisaged in the Rosebud Activity Centre Structure Plan. Similarly the restaurant/café uses contribute to the hospitality node envisaged for the Jetty Road Precinct in the Structure Plan. Mornington Peninsula Shire Council 4

5 DISCUSSION (CONT D) In addition, achieving a well-designed building that will act as a landmark in this gateway location is in line with the Structure Plan. DPO18 includes specific guidelines to ensure that a well-designed building will be achieved. These guidelines have been developed in consultation with the land owner, the Design Advisory Panel and the Strategic Planner Heritage and Urban Design. The key DPO18 design guidelines are, in summary: A maximum building height of 13.5 metres and three storeys; Each side of the building must be designed to respond to the site context it faces, including the articulation of elements and variations of wall planes to provide a degree of visual interest (articulated three-dimensional building envelopes are included in the guidelines); and Measures to optimise access to natural light and where possible natural ventilation. DPO18 also includes adequate safeguards for the sensitive consideration of the residential amenity of adjacent land and the environmental values of the adjacent foreshore. This includes the specification of a building envelope shown below. This building envelope ensures upper storey apartments face the foreshore, rather than adjoining land and include adequate setbacks. Massing Diagram to the South It is considered that this building envelope, combined with the usual setback, privacy and overshadowing requirements of the Planning Scheme (which will be reviewed in detail at a later stage, when the planning application for the development is considered), provides sufficient protection of the amenity of adjoining residential land. Traffic and car parking advice provided by Cardno Traffic Engineers concludes that adequate parking is to be provided. The advice also indicates that on-street parking is sufficient to meet additional short term parking demand and that the traffic generated by the additional dwellings is not expected to have an effect on the operation of the local road network. Mornington Peninsula Shire Council 5

6 DISCUSSION (CONT D) An arborist report prepared by Peter Harrison Pty Ltd indicates that the proposed building will not have an adverse impact on adjacent foreshore vegetation or the tree on the Jetty Road/Point Nepean Road corner. The report also supports the removal of all other vegetation from the subject site. Given the above attributes of the proposed development, the purpose Amendment C175 is effectively to implement an element of the Rosebud Activity Centre Structure Plan. It is therefore considered to be justified from a strategic planning policy perspective. The Structure Plan is to be linked to the Mornington Peninsula Planning Scheme. However, the major Planning Scheme Amendment required to achieve this (which will include changes to height controls) will take some time to be processed and considered. Amendment C175 would therefore expedite Council s ability to consider the implementation of this element of the structure plan. It is noted that the revised plan will not change the requirement to address the design of basement parking, having regard to the coastal location, and to provide an Environmentally Sustainable Design assessment. While some amendments proposing increases in residential development may also include a social housing component, or be directed to a specific purpose, such as retirement housing, this is not the case in this instance. It is considered that the proposal has sufficient merit to warrant exhibition in order to obtain community feedback before any final decision is made by Council. OFFICER DIRECT OR INDIRECT INTEREST No person involved in the preparation of this report has a direct or indirect interest requiring disclosure. COMMUNITY PLAN The proposed Amendment supports the implementation of the Community Plan and Shire Strategic Plan regarding the following goal, outcomes and strategies: Goal 1: Nurturing our local character and sense of place. Outcome 1.1 A sustainable development pattern consistent with the regional role of the Peninsula. Strategy Well planned townships that manage change with adequate capacity for housing, infrastructure, employment, commercial activity and recreational areas appropriate to the role and function of each settlement. Outcome 1.3 New development based on good design, safe environments and ecologically sustainable development. Strategy To establish appropriate criteria, guidelines and requirements to ensure that the design of new development is responsive to local character and site conditions. Mornington Peninsula Shire Council 6

7 CONCLUSION The purpose Amendment C175 is effectively to implement an element of the adopted Rosebud Activity Centre Structure Plan, by facilitating the consideration of a mixed use development on the subject land with a building height of three storeys. The land already has approval for a mixed use development with a building height of two storeys. It is considered that the Amendment could achieve an outcome that better reflects the policies of the Structure Plan and that it therefore has sufficient merit to warrant exhibition, in order to obtain community feedback before any final decision is made by Council. To expedite the process, authorisation from the Minister for Planning to prepare the Amendment has been sought by the Manager Strategic Planning under delegation. It is recommended that Council endorses the authorisation requested. RECOMMENDATION That Council endorses the application made by the Manager Strategic Planning to the Minister for Planning for authorisation under Section 8A(3) of the Planning and Environment Act 1987 to prepare Amendment C175 to the Mornington Peninsula Planning Scheme generally as shown in Attachment 1. Mornington Peninsula Shire Council 7