Planning CommitteePage 1

Minutes of Meeting No: 188

Date: 11 April 2017

CITY OF GREATER GEELONG

PLANNING COMMITTEE

MINUTES OF THE MEETING HELD AT CITYHALL

GHERINGHAP STREET, GEELONG

ON

tuesday 11 april 2017 at 5:00pm.

Meeting opened at 5:00pm

1.COMMITTEE MEMBERS PRESENT:

DR KATHY ALEXANDER AND PETER DORLING

2.OTHER OFFICERS PRESENT:

STEVE ROUSSAC AND MELISSA GARRETT

3.APOLOGIES:

LAURINDA GARDNER

4.CONFIRMATION OF MINUTES:

MOVED: PETER DORLINGSECONDED: DR KATHY ALEXANDER

That the minutes of the meeting of 25 July 2016 as circulated be adopted

Carried

5.DECLARATION OF INTEREST:

Nil

6.MATTERS FOR CONSIDERATION:

Application No: / PP-51-2017
Applicant: / TGM Group Pty Ltd
Subject Land: / 4 North Valley Road, HIGHTON VIC 3216
Owner: / North Valley Road Pty Ltd
Zone: / Residential Growth Zone – Schedule 2 (RGZ2)
Overlays: / Special Building Overlay (SBO)
Existing Use: / Residential Building (Student Accommodation)
Proposed Use: / Use of the Land for a Residential Building (Residential Rehabilitation Facility)

Summary

  • The subject site at 4 North Valley Road comprises approximately 888 square metres on the east side of North Valley Road, and 20 metres north of the intersection with Barrabool Road in Highton.
  • The site is currently used and developed as a Residential Building (Student Accommodation) pursuant to planning permit PP-640-2007.
  • All adjoining land is used for non-residential uses including a car wash, CFA station, motor repairer, veterinary clinic and retail liquor outlet.
  • The application proposes a change of use of the Residential Building to accommodate residents participating in a program of rehabilitation from drug, alcohol, gambling, eating disorders and other health related conditions.
  • The proposal seeks to accommodate a maximum of 12 residents, with a facility manager and support staff on premises at all times.
  • The owner and proposed operator of the facility is Habitat Therapeutics Pty Ltd. This is the first facility to be owned and operated by the company.
  • The subject site is located within the Residential Growth Zone – Schedule 2 (RGZ2), and abuts land to the north within the General Residential Zone – Schedule 2 (GRZ2).
  • The application was subject to public notification with 2 signs placed on site, and 9 notices posted to owners and occupiers of adjoining land. 117 individual objections were received, plus 1 letter of support and 1 petition against.
  • The majority of objections raised concerns with the proximity of the proposed use to nearby schools, kindergarten, sporting facilities, commercial and residential land uses, and other community facilities. These implied that the proposal introduced a risk to users of these places and facilities.
  • Other concerns raised by objectors relate to a range of matters including:

1.Insufficient community consultation

2.Application documents misleading and the proposal erroneous

3.Impact on character, amenity, safety, and wellbeing of nearby residents

4.Increase in crime and anti-social behaviour

5.No net community benefit

6.Staffing of the facility

7.Loss of student housing

8.Does not accord with planning scheme

9.Profit motive of facility operator

10.Lack of regulatory oversight

11.Low rehabilitation success rate

12.Site should be used for something else

  • Many objections expressed concern, and occasionally fear, that the proposal would either introduce or increase risk to personal safety and property security.
  • Matters regarding regulatory oversight of the residential rehabilitation program proposed have been considered, and found to be peripheral to the planning permit decision before Council. Only matters relating to the Residential Building use are considered relevant.
  • The application did not require referral to external authorities. However, informal advice was sought from the Department of Health and Human Services, and internally from Council’s Health, and Community Development units.
  • The application has been assessed against the relevant State and Local Planning policies, the Residential Growth Zone and Particular Provisions of the Scheme.
  • The proposal is considered to meet the objectives the scheme as they relate to the provision of an accommodation use that adds to the housing diversity in an established residential area with good proximity to services and transport, and providing for a section of the community with a particular accommodation need.
  • Support of the application is recommended subject to the conditions set out in the report

MOVED: DR KATHY ALEXANDERSECONDED: PETER DORLING

1. The application is contrary to the objective of planning in Victoria to secure a pleasant and safe working, living and recreational environment by proposing the accommodation of people with health problems commonly associated with anti-social behaviour, and in close proximity to dwellings, schools and community facilities.

2. The application does not achieve an orderly planning outcome as the proposed use is a treatment service that is inconsistent with a residential land use.

3. The application does not result in net community benefit.

CARRIED

Report

The Site & Locality

The subject site at 4 North Valley Road comprises approximately 888 square metres on the east side of North Valley Road approximately 20 metres north of the intersection with Barrabool Road in Highton. The rectilinear site has a frontage of 22.6 metres and a depth of 39.7 metres.

The site is not burdened by, nor does it benefit from any easements.

Figure 1: Aerial view showing development on the subject site and all adjoining land, circa November 2016. Source: PLACES Weave GIS.

The site is currently used as a Residential Building (Student Accommodation) pursuant to planning permit PP-640-2007.

The site is developed with a single storey painted brick and Colorbond residence comprising 12 bedrooms, 4 bathrooms, 2 living/lounge rooms, open plan kitchen, dining and games room. Onsite amenities include paved outdoor courtyard and barbeque area, all-weather sealed and line-marked car park with capacity for 12 cars, and vehicle access and egress via 2 crossings to Elizabeth Street at the east lot boundary.

Figure 2: West elevation of the subject site showing presentation to North Valley Road, 2 March 2017.
Source: Author.

Figure 3: East elevation of the subject site showing presentation to Elizabeth Street, 2 March 2017.
Source: Author.

All adjoining land, including land to the west on North Valley Road and to the east Elizabeth Street to the east, is used and developed for commercial and emergency service uses. The nearest residential land use is located to the north east of the site at 4 Elizabeth Street Highton.

Figure 4: Location of non-residential land uses as at 2 March 2017. 1) CFA Highton; 2) Highton Veterinary Clinic; 3) Highton Cellars; 4) Squeekies Car Spa; and 5) Highton Automotive Services. Source: Author.

Figure 5: View east from North Valley Road toward the CFA Highton abutting the north boundary of the subject site, 2 March 2017. Source: Author.

Figure 6: View east from North Valley Road toward the Squeekies Car Spa abutting the south boundary of the subject site, 2 March 2017. Source: Author.

Figure 7: View west from the subject site toward Highton Automotive Services over North Valley Road, 2 March 2017. Source: Author.

Figure 8: View west from Elizabeth Street toward the CFA Highton abutting the north boundary of the subject site, 2 March 2017. Source: Author.

Figure 9: View west from Elizabeth Street toward the Squeekies Car Spa abutting the south boundary of the subject site, 2 March 2017. Source: Author.

Figure 10: View south toward Highton Cellars opposite the subject site over Elizabeth Street to Highton Tennis Club (background), 2 March 2017. Source: Author.

The subject site and all adjoining land to the west, south and east is within the Residential Growth Zone (RGZ), with significant portions of that land covered by the Special Building Overlay (SBO). This land is also identified as part of an Increased Housing Diversity Area (IHDA) being within 370 metres of Highton Shopping Centre.

The adjoining land to the north is within the General Residential Zone – Schedule 2 (GRZ2) and covered by the Design and Development Overlay – Schedule 14 (DDO14).

Proposal

The permit application proposes a change of use of the land for a Residential Building in the form of a residential rehabilitation facility.

The existing building is to be retained on the land, comprising 12 bedrooms, 4 bathrooms, laundry room, 2 living rooms, and an open-plan kitchen, dining and games area. Outdoor facilities include a north facing paved courtyard and barbeque area, and sparsely landscaped service area.

Internal alterations to the building are proposed to convert the smaller of the two living rooms to office accommodation. No planning permit is required for internal alterations.

The application characterises the residential rehabilitation use as follows:

  • The premises will operate under the Rooming House provisions of the Residential Tenancies Act and residents will sign a lease agreement over their rooms for varying periods up to 90 days.
  • Residents will be completing their treatment for health related issues such as eating disorders, depression, anxiety and addictions including drug, alcohol and gambling.
  • Residents will participate in an ‘intense live in program’ that includes ‘…counselling, exercise, group and personal training, swimming, bush walks, etc., healthy diet and food preparation, group workshops, meditation, yoga, art and music therapy, peer support within the HT community and attending external peer support groups specialising in individual and specific health related issues.’
  • Ongoing residency and program participation is to require that residents surrender personal effects including ‘money, credit/debit cards and mobile phones in order to remove unnecessary temptations and distractions’.
  • Residents are to be screened and assessed prior to joining the program, and for their suitability for a live-in residential facility.
  • Residents are proposed to be escorted on their planned arrival to the facility. Unscheduled arrivals and departures are not proposed.
  • Residents are to be supervised at all times whilst off the premises and will not be permitted to leave the facility unplanned or unsupervised.
  • Residents may elect to leave the premises and the rehabilitation program voluntarily, resulting in a forfeit of money paid and arrangements made for the resident to be escorted from the facility.
  • Residents are to receive visitors for up to 4 hours on Sundays between 10am and 2pm only. No unscheduled visitors to the facility are proposed.
  • The facility is to be staffed by an experienced facility manager and support workers with minimum Certificate IV in Community Services at a ratio of a minimum of 1 staff to every 8 residents all day every day with the facility manager on call at all times.
  • 12 on-site car parking spaces are proposed to be utilised by care workers, visitors, and resident transport vehicles. Residents are not permitted to drive while attending the facility or have access to personal vehicles and no personal resident vehicle parking is proposed.

Activities carried out on the land are proposed to be scheduled as follows:

  • 7am - 10am: Wake, morning walk, prepare, consume and clean up breakfast. Personal time for personal hygiene, cleaning of one's room, prayer/meditation.
  • 10am - 12pm: Group activities such as yoga, acupuncture, theory sessions, counselling sessions, life skills education, art therapy, presentations and study.
  • 12pm - 1pm: Preparation of own lunch, consume and clean up.
  • 1pm - 2pm: Personal time, reading/reflection, study etc.
  • 2pm - 4pm: Group activity, personal training, swimming, bush walking etc.
  • 4pm - 5pm: Personal time, reading/reflection.
  • 5pm - 6pm: Prepare evening meal (group), consume and clean up.
  • 6pm - 9pm: Offsite attendance at group therapy sessions, meetings and counselling.
  • 9pm - 10.30pm: TV/quite time.
  • 10.30pm: Lights out/lock down.

Greater Geelong Planning Scheme

Definition and Nesting

Pursuant to Clause 74 Residential Building is defined as ‘Land used to accommodate persons, but does not include camping and caravan park, corrective institution, dependent person's unit, dwelling, group accommodation, host farm, residential village or retirement village’ and is nested in the Accommodation Group at Clause 75.01.

Zone

The subject site (and surrounding properties except that adjoining the north lot boundary) are located with a Residential Growth Zone – Schedule 2. Purpose of the 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 provide housing at increased densities in buildings up to and including four storey buildings.
  • To encourage a diversity of housing types in locations offering good access to services and transport including activities areas.
  • To encourage a scale of development that provides a transition between areas of more intensive use and development and areas of restricted housing growth.
  • To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

Adjoining land to the north is within the General Residential Zone – Schedule 2 (GRZ2).

Figure 11: Zone map showing subject site and adjoining land. PLACES Weave GIS.

Overlay

The western part of the subject site is included within the Special Building Overlay.

The purpose of the overlay is:

  • To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
  • To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.
  • To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.
  • To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria)

Permit required clause and condition

  • Pursuant to Clause 32.07-1 of the Residential Growth Zone, a permit is required to use the land for the purpose of Accommodation (other than Dependent person’s unit, Dwelling and Residential aged care facility), including Residential Building.

Restrictive Covenant

The subject site is not burdened by a Restrictive Covenant or Section 173 Agreement.

Cultural Heritage Management Plan (CHMP)

The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity.

Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is listed as an exempt activity.

Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations 2007. Part 2 - Division 3 identifies the site or part of the site as within an area of cultural heritage sensitivity.

High impact activities are defined within Part 2 - Division 5 of the Aboriginal Heritage Regulations 2007. Part 2 - Division 5 does not list the proposal as a high impact activity.

The site is not considered to have been the subject of significant ground disturbance which is defined as ‘disturbance of (a) the topsoil or surface rock layer of the ground or (b) a way - by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping.

In accordance with the above assessment, a Cultural Heritage Management Plan is not required and a Cultural Heritage Management Plan has not been approved.

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.

Councils 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.