VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

administrative DIVISION

planning and environment LIST

/ vcat reference No. P1621/2015
Permit Application no. PLN/2013/319

CATCHWORDS

Section 77 Planning and Environment Act 1987; Macedon Ranges Planning Scheme; Commercial 1 zone; Service station; Policy; Character; Urban design.
APPLICANT / Eureka Operations Pty Ltd trading as Coles Express
RESPONSIBLE AUTHORITY / Macedon Ranges Shire Council
REFERRAL AUTHORITies / VicRoads, Western Water, Goulburn-Murray Water, North Central Catchment Management Authority
RESPONDENTs / Wendy Duncan, Jennifer Dean, Rebecca Stockfeld, Stuart Horner, Maxwell Winchester, Janet Hawkins, John Hawkins, Rosemary Wilkinson, Sue Blakey, Kirsty Mutsaers, Judith-Ann Robertson, Barry McDonald, Esther Kay, Jim Morrison, Peter Ferguson, Maureen Wilson, Deirdre Chandler, Miranda Bain
SUBJECT LAND / 59 High Street, Woodend
WHERE HELD / Melbourne
BEFORE / Bill Sibonis, Presiding Member
Cindy Wilson, Member
HEARING TYPE / Hearing
DATEs OF HEARING / 25, 26, 27, 30 November and 1 December 2015
DATE OF ORDER / 21 December 2015
CITATION

Order

1  Pursuant to section 127 and clause 64 of Schedule 1 of the Victorian Civil & Administrative Tribunal Act 1998, the permit application is amended by substituting for the permit application plans, the following plans filed with the Tribunal:

·  Prepared by: / Meinhardt
·  Drawing numbers: / DA Rev I, DA00 Rev I, DA01 Rev C, DA02 Rev I, DA04 Rev H, DA05 Rev I, DA09 Rev I, DA21 Rev F, DA22 Rev B, DA23 Rev I, DA27 Rev B, D01 Rev A, D01L Rev A, C001 Rev D, C002 Rev E, C003 Rev D, C004 Rev C, C005 Rev D
‘Green Wall Maintenance Plan’
·  Prepared by: / swanbury penglase
·  Drawing numbers: / SK01M, SK02H, SK03E, SK04H, SK05B, SK8B, SK11,
·  Prepared by: / Switch
·  Drawing numbers: / DA30 Rev A
‘Lighting Schedule’

2  The decision of the Responsible Authority is affirmed.

3  In permit application PLN/2013/319 no permit is granted.

Bill Sibonis
Presiding Member / Cindy Wilson
Member

APPEARANCES

For Eureka Operations Pty Ltd trading as Coles Express / Ms M Quigley QC and Ms J Sharp of Counsel.
They called the following witnesses:
·  Mr M Negri, Town Planner of Contour Consultants Australia Pty Ltd.
·  Mr T Biles, Town Planner of Message Consultants Australia Pty Ltd.
·  Mr S Hunt, Traffic Engineer of Cardno Victoria Pty Ltd.
·  Mr J Patrick, Landscape Architect of John Patrick Pty Ltd.
The evidence of Mr W Choong of Scharp Design Pty Ltd (photomontages) was tendered. Mr Choong was not called to give evidence.
For Macedon Ranges Shire Council / Mr D Song, Town Planner of SongBowden Planning Pty Ltd.
For VicRoads / Mr T Cybula, Senior Statutory Planning Officer.
For W Duncan[1], J Dean, R Stockfeld, S Horner, M Winchester, J J Hawkins, R Wilkinson, S Blakey, K Mutsaers, J Robertson, B McDonald, E Kay, J Morrison, P Ferguson, M Wilson, D Chandler, M Bain / Mr R Watters, Solicitor of Harwood Andrews.
He called the following witness:
·  Mr C Czarny, Urban Designer of Hansen Partnership Pty Ltd.

INFORMATION

Description of Proposal / The development and use of a service station and associated convenience shop.
Nature of Proceeding / Application under Section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.
Zone and Overlays / Commercial 1 Zone (C1Z).
Environmental Significance Overlay – Schedule 4, Eppalock Proclaimed Catchment (ESO4).
Abuttal to a road in a Road Zone Category 1 (RDZ1).
Permit Requirements / Cl. 31.02 & 34.01-1 (use of land in C1Z for a service station).
Cl. 34.01-4 (the construction of a building and the construction and carrying out of works on land in C1Z).
Cl. 42.01-1 (the removal of vegetation on land within ESO4).
Cl 52.02 (removal of an easement).
Cl. 52.05 (the display of advertising signs).
Cl. 52.12 (variation of the requirements for a service station).
Cl. 52.29 (alteration of access to a road in RDZ1).
Key Scheme, policies and provisions / 9, 10, 11, 12, 15.01, 15.02, 17, 18, 19, 21, 34.01, 42.01, 52.02, 52.05, 52.12, 52.29 and 65.
Land Description / The review site is located on the west side of High Street in Woodend, south of the town’s commercial area. It is an irregular lot with a frontage of 67.87 square metres and a total site area of 1366 square metres. Occupying the site are two weatherboard buildings, being a former automotive repairs premises and an attached dwelling. Also present on the land are a number of mature trees of varying species. To the north, west and south is land associated with the adjacent Woodend Railway Station and comprises the station building, car parking areas and associated walkways. Further south, beyond the bridge which extends over the railway line, are residential properties. Further west, north of the railway line, is a vacant property fronting Urquhart Street. A permit has been issued for the development of a supermarket on this land. Opposite the review site to the east is the T-intersection of Brooke Street and High Street, either side of which are commercial and residential properties to the north and south respectively.
Tribunal Inspection / An accompanied site inspection was undertaken on the morning of the second hearing day.

REASONS[2]

What is this proceeding about?

1  This proceeding concerns a proposal to construct a service station and associated convenience store on the review site. The development is to comprise four double-sided petrol bowsers with overhead canopy, an 80 square metre convenience store and seven car parking spaces. A number of advertising signs are to be displayed and trees are to be removed. The alteration of vehicle access to and from High Street also forms part of the development.

2  Notice of the planning permit application was given and objections were received. Broadly, the matters raised in the objections relate to urban design considerations, the proposal’s impact of the character of the area, its ‘gateway’ location, traffic impacts, and loss of vegetation.

3  The Council’s officers assessed the application against the relevant policies and provisions of the Macedon Ranges Planning Scheme (‘the Planning Scheme’) and recommended that a permit be granted, subject to conditions. Notable requirements detailed in the conditions include a modification to the advertising signs and an altered colour scheme for the development. The Council resolved to refuse a permit on a range of grounds. These refer to non-compliance with the policies and provisions of the Planning Scheme, the impact on the visual appearance of the gateway into the township, an inadequate response to the Woodend Town Structure Plan, the effect on neighbourhood character, overdevelopment and an unacceptable risk to vehicles, cyclists and pedestrians.

4  The Applicant submits the proposal is an acceptable outcome for the review site given the main road location, the commercial zoning, the strategic policy that seeks commercial development within the town centre and the limited impact on the ‘gateway entry’ due to a careful design that includes modified height, materials and signage and proposed landscaping.

5  We find the key issues to address in this proceeding are:

·  The acceptability of the proposed interface with the railway environs

·  The suitability of the design response to the town centre entry and to High Street.

6  Having considered the submissions and the evidence, with regard to the policies and provisions of the Macedon Ranges Planning Scheme, assisted by our inspection, we have decided to affirm the Council’s decision and refuse a permit.

7  Our reasons for reaching this conclusion are based on our findings on the key issues we have identified. There were a range of other matters raised during the hearing including submissions and evidence on traffic, vehicle access and the provisions of Clause 52.12 of the Planning Scheme. Given our conclusion on the key issues, we have not made findings on these other matters.

what is the relevant planning context?

8  The parties are in agreement that the review site forms part of the town’s commercial centre. Specifically, it is located at the southern edge of the centre, being the last commercially zoned property on the west side of High Street. The zone which applies to the land is the Commercial 1 Zone. In addition to implementing the State and Local Planning Policy Frameworks, the purpose of this zone relevantly refers to creating vibrant mixed-use commercial centres for retail, office, business, entertainment and community uses.

9  State Planning Policy at Clause 17 addresses Economic Development. The objective of Clause 17.01-1, Business, is to encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Strategies include locating commercial facilities in existing or planned activity centres, and providing small scale shopping opportunities that meet the needs of local residents and workers in convenient locations.

10  Also relevant to the consideration of this Application is the Built Environment policy at Clause 15. The Objective in respect of Urban Design[3] is to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Related strategies include:

Promote good urban design to make the environment more liveable and attractive.

Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability.

Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

11  Clause 15.01-2, Urban Design Principles, has the objective of achieving architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The strategy sets out a series of urban design principles which are to be applied to proposals for non-residential development. Included amongst these are principles relating to the public realm, safety and the pedestrian realm. In general terms, these principles refer to protecting and enhancing the public realm, enhancing the visual and social experience of pedestrians and creating urban environments that enhance personal safety where people feel safe to live, work and move in at any time.

12  Clause 21.08 of the Municipal Strategic Statement (MSS) contains policy in respect of the built environment and heritage. This Clause states that it provides local content to support Clause 15 of the State Planning Policy Framework. Two objectives are to promote development that respects the rural character and high landscape values of the municipality, and to protect and enhance the existing character and form of the Shire’s towns. Strategy 2.2, related to the latter objective, is to encourage development that respects the distinctive character and defining attributes of each settlement.

13  Specific objectives and strategies for the Shire’s settlements, based on the hierarchy and network sought in Clause 11 and detailed in Clauses 21.03 and 21.04, is provided by Clause 21.13 - Local Areas and Small Settlements. For Woodend, an Objective is to protect the settlement’s landscape and township character. One of the strategies to achieve this is to encourage development that protects and adds to the landscape, respects the urban character of the town and that enhances streetscapes. Clause 21.13 includes the ‘Woodend Township Framework Plan’. For the town centre, the Framework Plan states that provision be made for limited expansion, an urban design strategy be prepared and implemented, and that the compact form be retained.

14  The ‘Woodend Town Structure Plan and Neighbourhood Character Study’ (‘the Structure Plan’) was adopted by the Council on 28 May 2014. The design outcomes for the town centre character, identified by the Structure Plan, include retaining and enhancing the village character of the town centre, improving the quality of streetscape treatments throughout the town centre and surrounding precincts, and improving pedestrian amenity, safety and streetscape legibility.

15  The Structure Plan identifies what are referred to as ‘Key Opportunity Sites’. These are sites that are considered to present significant potential for redevelopment. The review site is one such site. Following is the relevant extract from this section of the Structure Plan:

This site is a small area of Commercial Zoned land at the southern entrance to the town centre. It currently supports two older buildings and several large mature trees and has a steep incline to the west adjoining the railway station car park.

Development on this site should ensure an appropriate built form and signage design response in this significant gateway location. Buildings should be designed to address the High Street frontage and the interface with the station carpark [sic] and adjoining median space to the north. Importantly signage should be appropriate to the country town context in height, scale, materials and colours. Landscaping should be provided to the High Street interface. Retention of the mature trees on site should also be considered.

16  The area to the rear of the review site, which includes the railway station car parking and access, is identified in that section of the Structure Plan which addresses Transport. This area is shown as a shared access zone for all transport. It refers to a local bus stop at the station and upgraded car parking with significant trees retained. It identifies the review site for commuter focused retail food/beverage or services near to the station entry. The Structure Plan is not part of the Planning Scheme. Amendment C98 to the Planning Scheme, a matter we address next, proposes to include it as a Reference Document. We find the Structure Plan a relevant document[4] and accept it as a reflection of Council’s aspirations for the area, but give it less weight than the provisions of the Planning Scheme.

17  Amendment C98 seeks to introduce:

·  local planning policy content for Woodend to implement the key directions from the Structure Plan

·  the Structure Plan as a Reference Document into the Planning Scheme

·  a new Schedule 23 to the Design and Development Overlay (DDO23) for the Woodend commercial centre to provide design guidance for new development.

18  The Design Objectives of proposed DDO23 are:

To retain and enhance the character of Woodend’s town centre.