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 Page 2 of 20 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 Page 3 of 20 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. Delegated Authority Report Page 4 of 20 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. Delegated Authority Report Page 5 of 20 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). Delegated Authority Report Page 6 of 20 Appendix 1 – Aerial photo Delegated Authority Report Page 7 of 20 Appendix 2 – Existing Zoning Delegated Authority Report Page 8 of 20 Appendix 3 – Council resolution 28 July 2009 Delegated Authority Report Page 9 of 20 Appendix 4 – Council resolution 24 May 2011 Delegated Authority Report Page 10 of 20 Appendix 5 – Council resolution 24 July 2012 Delegated Authority Report Page 11 of 20 Delegated Authority Report Page 12 of 20 Delegated Authority Report Page 13 of 20 Delegated Authority Report Page 14 of 20 Appendix 6 – Corio Norlane Structure Plan – Framework Plan Delegated Authority Report Page 15 of 20 Appendix 7 – Corio Norlane Structure Plan: Abattoir Environs Concept Plan Delegated Authority Report Page 16 of 20 Appendix 8 – Proposed Zoning Plan Delegated Authority Report Page 17 of 20 Appendix 9- Proposed DPO26 Delegated Authority Report Page 18 of 20 Appendix 10 – Plan showing zone and overlay boundary overlaid on approved subdivision plan Delegated Authority Report Page 19 of 20 Appendix 11 – Proposed ESO4 Deletion Delegated Authority Report Page 20 of 20