Application for Planning Permit and Certification Supplied by Don Perry Submitted Date 18/04/2016 Application Details Application Type Applicant Reference Number Application name or Estate name Responsible Authority Name Responsible Authority Reference Number(s) SPEAR Reference Number Planning Permit and Certification under the Subdivision Act Version 1 H002116-DP North West Real Estate Yarriambiack Shire Council TP11-16, TP11-16 S081139H The Land Primary Parcel 53 SCOTT STREET, WARRACKNABEAL VIC 3393 Lot 1/Plan TP214898 SPI 1\TP214898 CPN 3216 Zone: 34.01 Commercial 1 Zone The Proposal Subdivision Act (1988) Dealing Type Section 22 (Subdivision) Plan Number PS746689T Number of lots 2 Proposal Description Two lot subdivision. Estimated cost of the development for which a permit is required $ 0 Existing Conditions Existing Conditions Description Title Information - Does the proposal breach an encumbrance on Title? Lot 1: Brick building with vacant land at rear of lot. Lot 2: Several scattered trees on vacant land. The proposal does not breach an encumbrance on title, such as a restrictive covenant, section 173 agreement or other obligation such as an easement or building envelope. Applicant Contact Applicant Contact Mr Cameron Bald Ferguson Perry Surveying Pty Ltd 62 McLachlan Street, Horsham, VIC, 3400 Business Phone: 03 5382 2023 Email: cbald@fergusonperry.com.au Applicant Applicant John Hadley North West Real Estate PO Box 435 Warracknabeal, VIC, 3393 Australia Owner SPEAR S081139H Printed: 19/04/2016 Page 1 of 2
Owner Obstley Pty Ltd 16 Hewitt Street, Warracknabeal, VIC, 3393 Australia Declaration I, Don Perry, declare that I have notified the owner(s) about this application. I, Don Perry, declare that all the information supplied is true. I, Don Perry, apply to have the attached plan of subdivision / consolidation certified under the Subdivision Act 1988 and to have advice of street numbers allocated. Authorised by Organisation Don Perry Ferguson Perry Surveying Pty Ltd SPEAR S081139H Printed: 19/04/2016 Page 2 of 2
Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information. REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958 -------------------------------------------------------------------------------- VOLUME 09361 FOLIO 291 Security no : 124059107367Q Produced 15/02/2016 03:40 pm LAND DESCRIPTION ---------------- Lot 1 on Title Plan 214898P. PARENT TITLES : Volume 06054 Folio 756 Volume 06095 Folio 975 Created by instrument H367900 11/01/1979 REGISTERED PROPRIETOR --------------------- Estate Fee Simple Sole Proprietor OBSTLEY PTY LTD of 16 HEWITT STREET WARRACKNABEAL VIC 3393 AK562384H 02/09/2013 ENCUMBRANCES, CAVEATS AND NOTICES --------------------------------- Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below. DIAGRAM LOCATION ---------------- SEE TP214898P FOR FURTHER DETAILS AND BOUNDARIES ACTIVITY IN THE LAST 125 DAYS ----------------------------- NIL DOCUMENT END Delivered from the LANDATA System by InfoTrack Pty Ltd. The information supplied by Feigl & Newell Pty. Ltd. has been obtained from InfoTrack Pty Limited by agreement between them. The information supplied has been obtained by InfoTrack Pty Limited who is licensed by the State to provide this information.
Ferguson Perry Surveying Pty Ltd ABN 76 126 194 483 + 62 McLachlan Street Horsham VIC 3400 + T (03) 5382 2023 + F (03) 5381 1544 + E admin@fergusonperry.com.au Our Ref: H002116 SUBDIVISION REPORT Proposed 2 Lot Subdivision of 53-55 Scott Street, Warracknabeal CONTENTS 1. Introduction 2. Subdivision Site and Context Description 3. Commercial 1 Zone 4. Decision Guidelines 5. Conclusion SUPPORTING DOCUMENTS IN SPEAR Plan of Subdivision (PS 746689T for endorsement) Copy of Title Search Plan of Proposed Subdivision: Site Context Cultural Heritage Management Checklist + Property + Land Development + Topographic + Construction + Mining + Spatial Information Management + A member of Alexander Symonds Group + Adelaide + Mt Gambier + Berri + Portland + Melbourne Page 1 of 5
1.Introduction This application seeks approval for a 2 lot subdivision of 53-55 Scott Street, Warracknabeal. The land is situated in the Commercial 1 Zone. There are no planning overlays affecting the property. This report addresses the relevant clauses for a two lot subdivision within this zone and responds to the decision Guidelines outlined in Clause 65.02 of the Yarriambiack Planning Scheme. 2. Subdivision Site and Context Description The proposed subdivision seeks to create 2 lots on the subject land. The proposed Lot 1 is to be 774sqm in area and front Scott Street, while Lot 2 is to be 448sqm in area and front Devereux Street. The subdivision is required to facilitate development of vacant land located on the proposed Lot 2. It should be noted no additional buildings or works are proposed by this application. 3. Commercial 1 Zone The subject land is contained within the Commercial 1 Zone. A permit is required to subdivide land in this zone. Before deciding on an application for subdivision, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Provision for vehicles providing for supplies, waste removal and emergency services and public transport. Both proposed lots have frontage to existing sealed bitumen roads and are currently accessible by all of the aforementioned vehicles. The subdivision has been designed to allow access and parking to the rear of the proposed lots via an existing gravel road located along the southern boundary of Lot 2. The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths. It is considered that the dimensions of the proposed Lot 1 will accommodate the existing office building and associated car parking, whilst making an additional lot available for commercial development within the central activity district of Warracknabeal. The development proposed by this application will not have any detrimental impacts on the use of the adjoining properties and is in keeping with the character of lots in the general vicinity of the subject land. Page 2 of 5
4. Decision Guidelines Clause 65.02 of the Yarriambiack Planning Scheme contains a number of Decision Guidelines for subdivision; a response to each of these is provided below. The suitability of the land for subdivision. It is considered that the subject land is suitable for subdivision as the area has been identified for commercial development, and the proposed subdivision will facilitate the development of vacant land located on the proposed Lot 2 for this purpose. The existing use and possible future development of the land and nearby land. The proposed subdivision will facilitate the development of the land for its intended purpose. As there are no changes proposed to the use of the property for commercial purposes, there will be no negative impacts on future development of land in the surrounding areas. The availability of subdivided land in the locality, and the need for the creation of further lots. The infill development of vacant land east of the existing office building could be considered a desirable outcome and contribute positively to the streetscape of Devereux Street. The proposed subdivision will make an additional lot available for commercial development. The effect of development on the use or development of other land which has a common means of drainage. This application does not address any future construction on the proposed Lot 2. Any drainage implications will need to be addressed by a separate permit application. The subdivision pattern having regard to the physical characteristics of the land including existing vegetation. This application does not propose the removal of any native vegetation. Clearing of other vegetation located on the proposed Lot 2 may be considered necessary for future development on the lot. The density of the proposed development. The subdivision design is at a density commensurate with the standards of the Commercial 1 Zone. Page 3 of 5
The area and dimensions of each lot in the subdivision. The dimensions of each proposed lot are shown on the Plan of Subdivision attached in SPEAR. The layout of roads having regard to their function and relationship to existing roads. There are no new roads or changes to existing roads proposed by this application. The movement of pedestrians and vehicles throughout the subdivision and the ease of access to all lots. It is considered that the proposed subdivision will make no change to pedestrian and vehicle access. The provision and location of reserves for public open space and other community facilities. No public open space will be created by this subdivision. The staging of the subdivision. This is not a staged subdivision. The design and siting of buildings having regard to safety and the risk of spread of fire. This application does not address any future construction on the proposed Lot 2. Any implications relating to the risk of spread of fire will need to be addressed by a separate building permit application. The provision of off-street parking. The proposed lots are capable of accommodating additional off-street parking as required. The provision and location of common property. No common property is to be created by this proposal. The functions of any body corporate. No body corporate is to be created by this proposal. Page 4 of 5
The availability and provision of utility services, including water, sewerage, drainage, electricity and gas. All utility services are accessible to the proposed lots in the subdivision. If the land is not sewered and no provision has been made for the land to be sewered, the capacity of the land to treat and retain all sewage and sullage within the boundaries of each lot. A sewerage main extension will be constructed to service the proposed Lot 2. Whether, in relation to subdivision plans, native vegetation can be protected through subdivision and siting of open space areas. There is no vegetation removal proposed by this subdivision, nor will it have any impact on native vegetation in the surrounding area. 5. Conclusion It is considered that the proposed subdivision is suitable for the area and is of a design consistent with the surrounding urban environment. The development proposed by this application is in keeping with the purpose of the Commercial 1 Zone. All utility services are accessible to the proposed lots in the subdivision. Page 5 of 5
PLAN OF SUBDIVISION EDITION 1 PS 746689T LOCATION OF LAND PARISH: WERRIGAR TOWNSHIP: WARRACKNABEAL SECTION: 4 CROWN ALLOTMENT: 9 (PART) CROWN PORTION: TITLE REFERENCE: VOL. 9361 FOL. 291 Council Name: Yarriambiack Shire Council SPEAR Reference Number: S081139H LAST PLAN REFERENCE: TP 214898P (LOT 1) POSTAL ADDRESS: (at time of subdivision) 53-55 SCOTT STREET WARRACKNABEAL 3393 MGA CO-ORDINATES: (of approx centre of land in plan) E: 625400 ZONE: 54 N: 5987520 GDA 94 VESTING OF ROADS AND/OR RESERVES IDENTIFIER COUNCIL/BODY/PERSON NOTATIONS Nil. Nil. DEPTH LIMITATION: NOTATIONS DOES NOT APPLY SURVEY: This plan is not based on survey. STAGING: This is not a staged subdivision. Planning Permit No. This survey has been connected to permanent marks No(s). In Proclaimed Survey Area No. EASEMENT INFORMATION LEGEND: A - Appurtenant Easement E - Encumbering Easement R - Encumbering Easement (Road) Easement Reference Purpose Width (Metres) Origin Land Benefited/In Favour Of A-1 PARTY WALL 0.11 LP 80985 LOT 1 ON LP 80985 E-1 PARTY WALL 0.11 LP 80985 LOT 2 ON LP 80985 E-2 DRAINAGE & SEWERAGE 1.83 LP 80985 LOTS ON LP 80985 E-3 & E-5 CARRIAGEWAY 4.01 THIS PLAN LOT 2 ON THIS PLAN E-4 & E-5 SEWERAGE 2 THIS PLAN LOT 2 ON THIS PLAN Ferguson Perry Surveying Pty Ltd 62 McLachlan Street Horsham, Victoria 3400 ABN 76126 194 483 T (03) 5382 2023 F (03) 5381 1544 E admin@fergusonperry.com.au A member of Alexander Symonds Group + Property + Land Development + + Construction + Mining + + Spatial Information Management + Ferguson Perry Surveying SURVEYORS FILE REF: H002116 DRAWN BY: C.B. 17/02/16 DONALD JAMES PERRY VERSION 1 ORIGINAL SHEET SIZE: A3 SHEET 1 OF 2
PS 746689T 3 SCALE 1:300 0 3 6 9 12 LENGTHS ARE IN METRES SEE ENLARGEMENT 0.5 ENLARGEMENT SCALE 1:50 0 0.5 1.0 1.5 2.0 LENGTHS ARE IN METRES APPROX. TRUE NORTH Ferguson Perry Surveying Pty Ltd 62 McLachlan Street Horsham, Victoria 3400 ABN 76126 194 483 T (03) 5382 2023 F (03) 5381 1544 E admin@fergusonperry.com.au A member of Alexander Symonds Group + Property + Land Development + + Construction + Mining + + Spatial Information Management + Ferguson Perry Surveying SURVEYORS FILE REF: H002116 SCALE AS SHOWN DONALD JAMES PERRY VERSION 1 ORIGINAL SHEET SIZE: A3 SHEET 2
Form 2 NOTICE OF APPLICATION FOR PLANNING PERMIT The land affected by the application is located at: Lot 1 on TP 214898 being 53 Scott Street Warracknabeal The application is for a permit to: Subdivide the land into two lots The applicant for the permit is: John Hadley The application reference number is: TP 11-16 You may look at the application and any documents that support the application at the office of the responsible authority. Shire of Yarriambiack, 34 Lyle Street, Warracknabeal or on Council s Web site: http://www.yarriambiack.vic.gov.au/planning/ planning-applications-on-public-exhibition. This can be done during office hours and is free of charge The Responsible Authority will not decide on the application before: 16 May 2016 Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority. An objection must be made to the responsible authority in writing, include the reasons for the objection and state how the objector would be affected. The responsible authority must make a copy of every objection available at its office for any person to inspect during office hours free of charge until the end of the period during which an application may be made for review of a decision on the application. If you object, the Responsible Authority will tell you its decision.