C268 (Inclusion of Reachy Land) Delegated Authority Report

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Planning and Environment Act 1987
GREATER GEELONG PLANNING SCHEME
DELEGATED AUTHORITY REPORT
AMENDMENT C268
To:
From:
Subject:
File number:
Joanne Van Slageren, Manager City Development
Peter Smith – Coordinator Strategic Implementation
Changes to Amendment C268 Bacchus Marsh Road, Corio
C268
Summary
•
The purpose of this report is to seek a Council resolution (under
delegation) to make changes to Amendment C268.
•
On 14 August 2012 Council resolved to support the preparation and
exhibition of Amendment C268 to the Greater Geelong Planning Scheme
to rezone land for a Master Home Improvement Store at Corio. The
amendment was accompanied by a planning permit application for a
Masters Home Improvement Store.
•
The Masters site fronts on to Bacchus Marsh Rd and is the western half of
a property owned by L. Bisinella Developments. The eastern half of this
property is to remain in the Residential 1 zone.
•
Ministerial authorisation for C268 was requested on 14 August 2012 but
has not yet been granted.
•
Reachy Pty Ltd owns land at 240 Bacchus Marsh Road directly south of
the Masters site. The western half of the Reachy land is a preferred
location for an office/commercial park under the Corio Norlane Structure
Plan which recommends rezoning to Business 3.
•
The eastern half of the Reachy land is to remain in the Residential 1 zone
and has a planning permit for residential subdivision.
•
Council has previously supported rezoning of the western half of the
Reachy land to a business zone on three occasions including as part of
Amendment C166 which went through the full amendment process but was
abandoned by the Minister for Planning in 2009.
•
The Corio Norlane Structure Plan July 2012 identifies the Reachy and
Masters sites for rezoning from Residential 1 zone to Business 3 and
Business 4 respectively. This is due to the sites not being suitable for
residential uses as they are located within the 500 metre odour emissions
buffer from the MC Herd Abattoir.
•
Council resolved to adopt the Structure Plan at its meeting of 24 July 2012
and implement it into the scheme via a planning scheme amendment.
•
The purpose of this delegated authority report is to add the Reachy land to
Amendment C268. This is consistent with previous Council resolutions and
will help facilitate a new signalised road intersection on Bacchus Marsh
Road to provide access to both the Masters and Reachy sites.
•
It is recommended that a Development Plan Overlay be applied to the
Reachy land. The DPO can be relatively simple but would require an
overall masterplan for the site, a stormwater management plan and an
economic impact assessment for any major retail proposals.
•
It is also proposed to include the removal of the Environmental
Significance Overlay (ESO4) from the entire Bisinella/ Master site. A flora
report prepared for Bisinella shows that there is no native grasslands
remaining on this land which has been cropped in recent years.
•
The addition of the Reachy land to C268 and the removal of ES04 are
considered appropriate for a decision under delegation.
Recommendation
That Council, having considered all matters as required by Section 12 (2)
of the Planning and Environment Act 1987, resolves to:
1. Add the following planning scheme changes to Planning Scheme
Amendment C268:
a. Rezone the western portion of 240 Bacchus Marsh Road,
Corio from Residential 1 Zone (R1Z) to Business 3 Zone
(B3Z).
b. Prepare and apply a Development Plan Overlay (DPO26)
schedule to the western portion of 240 Bacchus Marsh
Road, Corio.
c. Remove the Environmental Significance Overlay (ESO4)
from land at the south-eastern corner of the intersection of
Geelong Ring Road and Bacchus Marsh Road known as Lot
A on Plan of Subdivision 540915K (Volume 11008 Folio 027).
2. Re-seek authorisation of the Minister for Planning for the revised
Amendment C268.
3. Prepare and exhibit an Agreement under Section 173 of the
Planning and Environment Act 1987 to facilitate the construction
of a single, signalised intersection to provide access to future
commercial development at both 270 and 240 Bacchus Marsh
Road, Corio.
Report
Background
Original C268 Proposal
In March 2012 a combined Planning Scheme Amendment and Planning Permit
application was lodged by planning consultants Urbis on behalf of Hydrox
Nominees Pty Ltd to enable the development of a Masters Home Improvement
Store on the east side of Bacchus Marsh Rd abutting the Geelong Ring Road
at Corio.
The site is part of a larger Residential 1 zoned property owned by L Bisinella
Developments with a street address of Browallia Drive, Corio.
On 14 August 2012 Council resolved to support the preparation and exhibition
of Amendment C268 to the Greater Geelong Planning Scheme to:
Delegated Authority Report
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
Rezone part of the land at Browallia Drive, Corio from Residential 1
zone to Business 4 zone;

Delete Design and Development Overlay 14 from the land to be
rezoned; and

Amend the Retail Activity Centre Hierarchy in Clause 21.07-8 of the
planning scheme to include the site as a homemaker precinct.
Ministerial authorisation for C268 was requested on 14 August 2012 but has
not yet been granted.
Proposed Additional Land (Reachy Pty Ltd Land)
Reachy Pty Ltd owns land at 240 Bacchus Marsh Road directly south of the
Masters site (see Appendix 1 and 2 for existing zoning and aerial photo of the
area).
The western half of the Reachy land is a preferred location for an
office/commercial park under the Corio Norlane Structure Plan which
recommends rezoning to Business 3. The eastern half of the Reachy land is to
remain in the Residential 1 zone and has a planning permit for residential
subdivision.
Council has previously supported rezoning of the western half of the Reachy
land to a business zone on three occasions including as part of Amendment
C166 which went through the full amendment process but was abandoned by
the Minister for Planning in 2009.
A summary of the three previous Council resolutions recommending rezoning
of 240 Bacchus Marsh Road to a Business 3 Zone is as follows:
1. 28 July 2009 – Adoption of C166 to rezone the land to Business 3 with
a DDO (see minutes in Appendix 3).
2. 24 May 2011 – Councillor initiated resolution to request the Minister for
Planning to either rezone or apply an overlay to land opposite MC Herd
Abattoir within the 500 buffer area (see minutes in Appendix 4).
3. 24 July 2012 – Council resolves to adopt the Corio Norlane Structure
Plan and prepare an amendment to implement the Plan.
The
Implementation section of the Structure Plan (which was included in the
Council report) includes rezoning of subject land to Business 3 zone
(see minutes in Appendix 5).
The Corio Norlane Structure Plan July 2012 identifies the Reachy and Masters
sites for rezoning from Residential 1 zone to Business 3 and Business 4
respectively (see copy of). This is due to the sites not being suitable for
residential uses as they are located within the 500 metre odour emissions
buffer from the MC Herd Abattoir.
The Structure Plan Map is in Appendix 6 and the Abattoir Environs Concept
Plan (see Appendix 7).
Council resolved to adopt the Structure Plan at its meeting of 24 July 2012 and
implement it into the scheme via a planning scheme amendment.
The purpose of this delegated authority report is to add the Reachy land to
Amendment C268. This is consistent with previous Council resolutions and will
help facilitate a new signalised road intersection on Bacchus Marsh Road to
provide access to both the Masters and Reachy sites.
Delegated Authority Report
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It is recommended that a Development Plan Overlay be applied to the Reachy
land. The DPO can be relatively simple but would require an overall masterplan
for the site, a stormwater management plan and an economic impact
assessment for any major retail proposals.
The proposed zoning plan is in Appendix 8 and the proposed DPO is in
Appendix 9. A plan showing the proposed residential subdivision of the
eastern portion of the Reachy land is in Appendix 10. This plan shows how
the proposed zone boundary has been determined (red line in plan).
Removal of ESO4
It is also proposed to include the removal of the Environmental Significance
Overlay (ESO4) from the entire Bisinella/ Master site. A flora report prepared
for Bisinella shows that there is no native grasslands remaining on this land
which has been cropped in recent years.
The proposed plan showing removal of ESO4 is in Appendix 11.
Discussion
The addition of the Reachy land to C268 is a Council initiated action and
implements previous Council resolutions as demonstrated earlier.
The rezoning of the Reachy land concurrently with the Master site will help
facilitate a new signalised intersection which is required to serve both sites.
VicRoads and Council are very keen to ensure there is only one signalised
intersection on Bacchus Marsh Road between the Ring Road and Plantation
Road.
Negotiations are underway to resolve an Agreement under Section 173 of the
Planning and Environment Act 1987 to facilitate the construction of the single,
signalised intersection.
There are no current concept plans for the Reachy business park site at this
stage unlike the Masters site which is accompanied by detailed plans as part of
a permit application. A Development Plan Overlay is recommended to ensure
sufficient planning is undertaken prior to any development. The DPO schedule
will include the following requirements:

An Urban Design Masterplan - showing a general subdivision layout
including streets, drainage reserves, distribution of land uses and
interface treatments with adjoining residential zoned properties

A Flooding, Stormwater and Drainage Management Plan

An Economic Impact Assessment for any retail proposal that increases
the total leasable floor space across the site to more than 2,000 sq m.
In May 2012 Council engaged Urban Enterpise to do an economic and
strategic assessment of both the Business 4 and Business 3 rezoning areas.
The strategic assessment found:
“It is considered that the Masters proposal would not be contrary to the
strategic framework, including the MSS and Geelong Retail Strategy, if it can
be demonstrated that the proposal meets the sequential site selection test
and the assessment criteria outlined above.
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Similarly, the development of an office/business park on the southern section
of the site is supported by policy which encourages development which meets
the community’s need for office and other commercial services.”
The economic assessment found:
“……there is likely to be significant demand generated for supporting
businesses which will require office and showroom type facilities in the vicinity
of the GREP. Given the lack of available land in the business zones in the
local area, and the lack of available floorspace or expansion opportunity
within the Corio Village Shopping Centre, it is considered that the subject site
provides an ideal location for office and ancillary business development to
support the development of the GREP. This is supported by Clause 17 of the
SPPF, which states that the sale of trade-related goods is supported where
are “directly serving or ancillary to industry and which have adequate on-site
car parking”. “
However, it is considered prudent to require a further specific Economic
Impacts Assessment if any major retail (ie. more than 2,000 sq m) is proposed
in the future.
Environmental Implications
The removal of the ESO4 is appropriate as it can be demonstrated that nno
native grasslands are present on the northern site.
Financial Implications
Approval of the proposed development is unlikely to result in any financial
implications for Council.
Policy/Legal/Statutory Implications
The amendment is broadly consistent with the State Planning Policy
Framework. In particular:
Clause 14 - achieves settlement objectives by ensuring a sufficient supply for
commercial land uses
Clause 17 - improves employment and economic activities in a location that is
readily accessible to the community in accordance with.
The amendment is broadly consistent with the Local Planning Policy
Framework, including:
Clause 21.04 – Municipal Framework Plan - depicts the subject site as being
located in the existing urban area.
Clause 21.06 – Settlement and Housing - identifies that there is an
environmental, economic and social imperative to reduce urban sprawl and
improve accessibility to urban services, principally by consolidating urban
development around places of activity and public transport infrastructure.
Clause 21.07 – Economic Development and Employment – includes the City of
Greater Geelong Retail Activity Centre Hierarchy to articulate the role and
function fulfilled by centres of different sizes. The retail hierarchy supports the
primacy of Central Geelong as the focus of retail activity in the region. A key
objective of this clause is to ensure that all major retail developments, and out
of centre developments, provide a clear net community benefit. In the case of
out of centre developments, applications must demonstrate that there will be no
adverse impacts on the operation of the retail activity centres hierarchy.
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Clause 22.03 – Assessment Criteria for Retail Planning Applications - this
policy applies where a planning scheme amendment or planning permit
application proposes new or expanded provision of retail floor space within the
municipality. The policy requires that issues of retail demand, retail supply,
escape spending, impact on existing retail facilities, net community benefit, and
design and location be addressed in all retail development proposals.
Officer Direct or Indirect Interest
No officers involved in this report have any direct or indirect interest In
accordance with Sec 80 (c) of the Local Government Act.
Risk Assessment
Processing of this Amendment is considered to be a low level risk for Council.
Social Considerations
It is considered the Amendment will result in an overall net community benefit
by providing a business park and the opportunity for employment in the local
area.
Impacts on existing and future residents in the Residential 1 zoned land to the
east and south east can be managed via DPO.
Communication
It is proposed that this Amendment and accompanying permit be exhibited in
accordance with the provisions of the Planning and Environment Act to provide
the opportunity for full public comment (and potentially referral to an
Independent Panel appointed by the Minister for Planning).
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Appendix 1 – Aerial photo
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Appendix 2 – Existing Zoning
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Appendix 3 – Council resolution 28 July 2009
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Appendix 4 – Council resolution 24 May 2011
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Appendix 5 – Council resolution 24 July 2012
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Appendix 6 – Corio Norlane Structure Plan – Framework Plan
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Appendix 7 – Corio Norlane Structure Plan: Abattoir Environs Concept Plan
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Appendix 8 – Proposed Zoning Plan
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Appendix 9- Proposed DPO26
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Appendix 10 – Plan showing zone and overlay boundary overlaid on approved
subdivision plan
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Appendix 11 – Proposed ESO4 Deletion
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