CITY OF GREATER GEELONG
AGENDA
DEVELOPMENT HEARINGS PANEL
MEETING NO 543
TO BE HELD AT BROUGHAM STREET OFFICE
(GROUND FLOOR)
100 BROUGHAM STREET, GEELONG ON
THURSDAY, 4 MAY 2017 AT 5.00 P.M.
1. Committee Members Present
2. Officers Present
3. Apologies
4. Confirmation of Minutes
5. Declaration of Interest
6. Matters for Consideration
7. Late Reports
8. Next Meeting
Joanne van Slageren
Chair
4 May 2017
Committee Membership Distribution:
J van Slageren (Chair) Dr K Alexander, Administrator
R O’Loghlen L Gardner, Administrator
T Hellsten P Dorling, Administrator
V Shelton P Bettess, Director - Planning & Development
G Russell - Communications and Marketing
M Nigido - Building Services
Town Planners
I N D E X
Application No. / Subject Address: / Proposed Use: / Page No.PP-1524-2016 / 47 Helms Street, NEWCOMB / Use and Development of Land for a Child Care Centre / 3
PP-1125-2016 / 5-9 Donaghy Street, GEELONG WEST / Buildings and Works for the Construction of Eleven (11) Dwellings, a Three (3) Lot Subdivision and Reduction of Visitor Car Parking Requirements / 25
Development Hearings Panel Page 3
Meeting No. 543
Date: 4 May, 2017
Application No: / PP-1524-2016Applicant: / The Ellis Group Architects
Subject Land: / 47 Helms Street, NEWCOMB
Owner: / A Demetriou and A M Demetriou
Zone: / GRZ1
Overlays: / Nil
Existing Use: / Single dwelling
Proposed Use: / Use and Development of Land for a Child Care Centre
Summary
· The subject site is located to the east of Helms Street on a regular shaped lot known as 47 Helms Street, Newcomb. The site contains an existing dwelling with associated car parking and landscaping. Vehicle access to the site is gained via a “u-shaped” driveway connecting to two existing crossovers on Helms Street. The topography of the land is generally flat with an overall site area of approximately 2,143sqm.
· The site is located within a General Residential Zone 1 (GRZ1) and is not covered by any overlays. The subject site abuts a Low Density Residential Zone 1 (LDRZ1) to the east.
· The application proposes to demolish the existing dwelling and use and develop the land for a Child Care Centre. The centre is proposed to operate Monday to Friday 6:30am to 6:30pm. 22 car spaces are provided on site. The use is proposed to accommodate 100 child care places.
· The application was advertised and Council received 29 objections. The objections largely relate to traffic impacts and safety. A consultation meeting was not held as it was considered that no resolution could be gained.
· The application was assessed against the SPPF, MSS and LPPF of the Greater Geelong Planning Scheme and found to be inconsistent with these policies, particularly Clause 22.01 Discretionary Uses in Residential Areas and Clause 32.08 General Residential Zone.
Recommendation
That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Refuse to Grant a Planning Permit for the Use and Development of Land for a Child Care Centre at 47 Helms Street, NEWCOMB on the following grounds:
1. The proposal is not consistent with the purpose of the General Residential Zone in that it does not allow for a non-residential use in an appropriate location.
2. The proposal fails to meet the purpose and decision guidelines of the General Residential Zone in that it does not serve local community needs in an appropriate location.
3. The proposal fails to respond to the decision guidelines of the General Residential Zone due to its adverse impact on the safety and amenity of the surrounding area by way of unreasonable traffic impacts.
4. The proposal is inconsistent with the policies of Clause 22.01 that encourage non residential land uses to be located on sites that have access to a road in a Road Zone and discourage such uses from locating within local access streets.
5. The proposal fails to meet the Clause 22.01 where it is policy for residential amenity be protected from significant changes in traffic conditions and significant increases in on street parking demand.
6. The proposal is not consistent with Clause 65 of the Greater Geelong Planning Scheme, including the orderly planning of the area and the effect on the amenity of the area.
Report
The Site & Locality
The subject site is located to the east of Helms Street on a regular shaped lot known as 47 Helms Street, Newcomb. The site contains an existing dwelling with associated car parking and landscaping. Vehicle access to the site is gained via a “u-shaped” driveway connecting to two existing crossovers on Helms Street. The topography of the land is generally flat with an overall site area of approximately 2,143sqm.
The site is located within a General Residential Zone 1 (GRZ1) and is not covered by any overlays. The subject site abuts a Low Density Residential Zone 1 (LDRZ1) to the east.
The immediate surrounds are characterised with predominantly single storey low scale dwellings with some multi unit developments having occurred in the area. Helms Street contains large street trees, low to medium front fencing with some fences being permeable. Helms Street only offers pedestrian footpaths to the west adding to the low scale character and openness of the area. The west side of Helms Street contains lots averaging approximately 700-800sqm with the east side containing larger lots approximately 2000sqm. Given the lack of footpaths, large lots with minimal front fencing and presence of street trees, Helms Street is considered to be low scale in appearance and character. The sites location is on the edge of the GRZ1 and Helms Street, as characterised above, seems to provide a transition from GRZ1 to LDRZ1.
There are examples of non residential uses located nearby in Richard St (further west) with a primary school and kindergarten offering some non residential uses. Helms Street runs north-south and connects with Portarlington Rd to the north and the Bellarine Highway to the south.
There have been resident complaints within the last few years on the volumes and speeds of traffic that cut through Helms Street to get to these major roads. Council has recently responded by constructing speed humps on Helms Street to reduce the volume and speed of cars.
Site History
PP-785-2011 Modifications to existing dwelling and Construction of 3 dwellings and a 4 lot subdivision, permit issued 19 Dec 2011 PP-1632-2015 Two Lot subdivision, permit issued 22 Feb 2016
Proposal
The application proposes to demolish the existing dwelling and use and develop the land for a Child Care Centre.
Use
The Child Care Centre is proposed to accommodate 100 children and employ up to 20 staff including a manager and cook.
Operating hours are from Monday to Friday 6:30am to 6:30pm.
Development
The building is proposed to be double storey in scale and will include 2 outdoor play areas, one at the front and one at the rear, 6 children’s rooms, a kitchen, general amenities, laundry and staff quarters on the upper floor.
The building is to be constructed from a combination of materials with timber cladding, colourbond and aluminium. The overall height of the building at its highest point will reach 6.9 metres.
22 car spaces are provided on site with 8 spaces allocated to staff. The existing crossovers will be reinstated with a new crossover proposed along the middle of the front boundary allowing entry/exit for visitors and staff.
A pedestrian path is proposed adjacent to the car park along with associated landscaping and 1.8m high acoustic boundary fencing.
PERMIT TRIGGER
Zone/Overlay & Clause:
· Pursuant to Clause 32.08-1 and 32.08-6 of the General Residential 1 Zone a permit is required to use and develop the land for a Child Care Centre.
DEFINITIONS
Clause 74 Definitions:
Pursuant to Clause 74 a Child Care Centre is defined as “Land used to care for five or more children who are not permanently resident on the land”.
Clause 75 Nesting:
Pursuant to Clause 75.03 a Child Care is nested in the Child Care Centre Group.
Zone
Clause 32.08 General Residential Zone
The purpose of the General Residential Zone is:
· To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
· To encourage development that respects the neighbourhood character of the area.
· To implement neighbourhood character policy and adopted neighbourhood character guidelines.
· To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport.
· To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.
Overlay
N/A
RESTRICTIVE COVENANT OR SECTION 173 AGREEMENT
The subject site is not burdened by a Restrictive Covenant or Section 173 Agreement.
CULTURAL HERITAGE MANAGEMENT PLAN
Areas of cultural heritage sensitivity are defined within Division 3 of the Aboriginal Heritage Regulations 2007. Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity.
In accordance with the above assessment, a cultural heritage management plan is not required.
COASTAL INUNDATION AND EROSION
Clause 13.01-1 of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change.
Strategies include:
· In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill).
· Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change.
· Consider the risks associated with climate change in planning and management decision making processes.
The subject site is located within close proximity of existing urban development.
Council’s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at 2040.
LANDFILL GAS RISK ASSESSMENT
Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things:
· Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA].
· Clause 13.01-1 of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.
The EPA has adopted the “Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills” (September 2010) or “Landfill BPEM.”.
The Landfill BPEM identifies that:
· Risks associated with landfill gases may occur for at least 30 years post-closure.
· Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste.
· Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated.
· All buildings and structures and associated infrastructure should be considered.
The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required.
OFFICER DIRECT OR INDIRECT INTEREST:
No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act.
REFERRALS:
The following referrals were undertaken:
Internal
Department: / Environmental HealthResponse: / If the Child care is providing food for the children then they will be required to be registered with Environmental Health under the Food Act.
To start this process a ‘Proposal to Register a Food Business’ form will need to be filled out and returned along with plans.
Due to the proposed location provisions will need to be put in place in order to prevent nuisances to surrounding properties.
Officer Comment:
No conditions have been suggested.
Department: / Community Development
Response: / Key issues relate to:
· On street parking
· Access/safety
· Traffic
· Noise (acoustic fencing to adjoining residential properties)
· Streetscape and building character issues
In general child care centres should not be located in areas that may pose health or safety risks to children. Ideally they should not unreasonably affect residents with respect to noise, loss of privacy, traffic generation and on street parking. Child care centres can be significant trip generators and therefore careful consideration should be given to siting and access.
Ideally child care centres are best located:-
· In or adjacent to parks, ovals and public areas classified as public open space, where parking facilities are already provided
· Adjacent to, or co-located with schools, churches and community facilities as there is less likely to be neighbour impacts due to these pre-existing uses
· In residential areas immediately adjacent to commercial or medium density development as a buffer between these zones
· In or adjacent to business parks
· In or adjacent to commercial areas such as town centres to reduce the number of trips parents have to make.