185 Maxwell Road, Fingal

185 Maxwell Road, Fingal

Planning Submission



Document Type Planning Report V2

Address 185 Maxwell Road, Fingal

Proposal The use and development of the land for a winery

Author(s) Rebecca Downie – Senior Planner, Prossor Town Planning

Author contact [email protected], 0409 100 433

Client Chapter Industries

Council Mornington Peninsula Shire

Date January 2021

Copyright © Prossor Town Planning Pty Ltd This document is subject to and issued in accordance with the agreement between the land owner Chapter

Industries and Prossor Town Planning Pty Ltd. Prossor Town Planning Pty Ltd acts in all professional matters as

a faithful advisor to its Clients and exercises all reasonable skill and care on the provision of its professional

services. The information presented herein has been compiled from a number of sources using a variety of

methods. Except where expressly stated, Prossor Town Planning Pty Ltd does not attempt to verify the accuracy,

validity or comprehensiveness of any information supplied to Prossor Town Planning by third parties. Prossor

Town Planning makes no warranty, express or implied, or assumes any legal liability or responsibility for the

accuracy, validity or comprehensiveness of the document, or the misapplication or misinterpretation by third

parties of its contents.

Reference herein to any specific commercial product, process or service by trade name, trademark,

manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or

favouring by Prossor Town Planning. The document cannot be copied or reproduced in whole for any purpose

without the prior written consent of either Prossor Town Planning or the client.


Contents

1. Introduction

2. Land Context – Subject Site and Surrounds

3. The Proposal

4. Planning Scheme Assessment

5. Conclusion


1. Introduction

This application proposes the use and development of the land for the purpose of a winery and

associated works including native vegetation removal. It is also proposed to use the land to sell and

consume liquor and display business identification signage.

The subject land is located in the Green Wedge Zone (Schedule 4) under the Mornington Peninsula

Planning Scheme and is affected by the following overlays:

• Environmental Significance Overlay Schedule 15 (The Cups), Schedule 23 (Semi Stabilized

Dunes) and Schedule 28 (Mornington Peninsula Bushland);

• Vegetation Protection Overlay Schedule 2 (Significant Treelines);

• Bushfire Management Overlay.

A planning permit is required for the use and development of a winery (section 2 use) pursuant to GWZ4 and for buildings and works pursuant to ESO15, ESO23 and BMO. It is noted that the proposed buildings and works are outside of the ESO28 and VPO2. A planning permit is also required for native vegetation removal pursuant to ESO15, ESO23 and Clause 52.17 (Native Vegetation), to use the land to sell or consume liquor pursuant to Clause 52.27 (Licensed Premises) and for signage pursuant to Clause 52.05 (signs). The vision for the site includes:

• A vineyard for organic wine production;

• Ongoing sustainable growing of fruit and vegetables on site (Section 1 use);

• Planting and cultivation of wild flowers (Section 1 use);

• Development of a winery and associated cellar door with a focus on the farm to table

experience (seasonal tasting menu to accompany wine tastings).

The proposed buildings and works comprise of a winery measuring 176 square metres in area and cellar door measuring 133 square metres to be sited centrally on the southern portion of the land. The proposed siting has been informed by the defendable space requirements of the BMO and need to protect native vegetation with the highest retention value. The proposed hours of operation are Thursday – Sunday, 11am – 4pm for the retail component and

Monday – Friday, 8am – 5pm for the manufacturing component.

The proposed patron numbers will be a maximum of 30 with four additional staff.

12 patron car parks are nominated (adjacent to the orchard area) along with 4 additional staff car

parks.


The key issues requiring consideration when reviewing the Mornington Peninsula Planning Scheme,

visiting the site and considering the proposal are;

• Is the proposed use an appropriate outcome in the Green Wedge Zone?

• Will the use and development create any off-site amenity impacts?

• Will the buildings and works impact on the landscape character of the area?

• Is the existing car park and vehicle access arrangements adequate?

• Is the proposal consistent with State and Local Policies? This report aims to address these questions and demonstrates that the proposal responds

appropriately to the purpose of the GWZ and will not affect the landscape character of the area nor

create any significant off-site amenity impacts to adjoining land uses and provides sufficient car-

parking.


2. Site Context

2.1 Location The subject site is located on the southern side of Maxwell Road, approximately 660 metres

kilometres (in a direct line) south-east of the intersection of Sandy Road and Truemans Road. The

site is approximately 2.5 kilometres from Gunnamatta back beach.

The land is border by Maxwell Road to the north, rural residential properties to the east and west

(featuring cleared land amidst heavily vegetated area) and open agricultural land to the south which

adjoins Gunnamatta Beach Coastal Reserve.

The site comprises dune soils on an undulating landscape. Historical clearing for development and

cultivation has resulted in a mosaic of remnant vegetation and cleared areas both within the site and

in the surrounding landscape. Remnant vegetation predominantly occurs to the north-east and

north-west of the site.

The built form character of the area is diverse with commercial development within the vicinity

including a horse-riding school, horse training facility, brewery, golf courses and a board riders club.

Where built form is visible it is diverse in character but generally single storey and often set amongst

a vegetated landscape or a rural setting.

The following aerial photographs with the subject sites delineated in red outlines the sites location

and context:


2.2 Existing Land Use and Development

The subject site is Lot 2 on Plan of Subdivision PS 346647 and is known as 185 Maxwell Road, Fingal.

The site occupies an area of approximately 5.07 hectares and is irregular is shape. The site has a

frontage to Maxwell Road of approximately 93.34 metres and a maximum depth of approximately

290 metres.

Access to the site is provided via an unsealed crossover which is centrally located along the frontage.

The crossover accesses a tree-lined gravel driveway which extends to an existing dwelling. The single

storey dwelling is setback approximately 65 metres from the street frontage.

Flowers and vegetables are currently grown on the land. Existing machinery sheds are located to the

rear of the dwelling.

The landscape is undulating and vegetation on the land consists of coastal alkaline scrub – primarily

comprising Coastal tea tree but also featuring Moonah and Coast beard-heath.

The following photographs provide more details of the site and its characteristics:

Existing accessway on the subject site.


Existing greenhouse and orchard area.

Existing shedding.


View looking south-west from the rear of the subject site.

View looking west from the rear of rear of the subject site.


Location of proposed winery and cellar door (view from the south).

Existing shedding to rear of existing dwelling.


Area of proposed vines at the front of the site.

Existing dwelling (northern elevation).


Subject site showing existing presentation to Maxwell Road.

View looking east along Maxwell Road from the subject site.


View looking west along Maxwell Road from the subject site.

Existing flower production area at the front of the site.


2.3 Easements, restrictions & covenants

The land is known as Lot 2 on plan of subdivision 346647. The land is not encumbered by any

easements or restrictions.

3. The Proposal The application involves the use and development of the land for a winery (including cellar door) and

associated works including native vegetation removal. It is also proposed to use the land to sell and

consume liquor and display business identification signage.

The vision for the site includes:

• A vineyard for organic wine production;

• Ongoing sustainable growing of fruit and vegetables on site;

• Planting and cultivation of wild flowers;

• Development of a winery and cellar door with focus on the farm to table experience.

Extensive planning has been undertaken to develop the site masterplan below. The overall

development has been informed by expert reports including a Land Capability Assessment, Native

Vegetation Assessment and Bushfire Management Statement. These reports are included as

attachments to the planning application.

Proposed master plan:


In the initial design phase of the development expert advice was sort from Nature Advisory to

determine the extent and condition of native vegetation on the property. This information has been

used to influence the design and siting of the proposed buildings and works in order to have minimal

impact on native vegetation without undermining the key objectives of the proposed development.

Growing of fruit and vegetables

0.6 hectare of the land is current under crop with edibles including warrigal greens, silverbeet, kale,

cabbage, roquette, lettuce greens, micro greens, beetroot, broad bean, tomato, carrots, garlic, leek,

artichoke, radish, broccoli, cauliflower, zucchini, squash, parsley, coriander, chives, thyme, mint,

tarragon, rosemary, oregano, borage, calendulam nasturtium, violas, along with wildflowers –

protea, Leucadendron and telopea and an orchard (approx. 50 trees) including olives, apples,

peaches, almonds, cherries, apricots, nectarines, citrus, figs, pears, quinces, feijoas, grapes and

berries.

Wine Production

It is intended to plant 12,400 vines in total (2.4 hectares) with an estimated annual yield of 24

tonnes or 16,800 litres which equates to 22,400 bottles per year. Wine verities will include

Sauvignon Blanc, Chardonnay and Trousseau.

In keeping with the existing farming philosophy, the grapes with be managed organically. The use of

cover cropping in the vineyard will help increase soil health and retain moisture. The grapes

themselves will be picked by hand and the resulting wine will be made with minimal additions or

interventions. This method of wine making is commonly known as Natural Winemaking, of which

there is very little on the Mornington Peninsula. This is an ideologically choice and also a point of

difference that will assist in setting the property apart from existing Wineries and Vineyards on the

Peninsula. This way of producing wine is dependent on healthy wild yeasts from the vineyard.

Therefore, producing the wine on site is critical and includes the building of a fit-for-purpose winery

and accompanying cellar door.

The growing of fruit/vegetables, grape vines and wild flowers is defined as crop raising which is a

Section 1 use (no permit required) within the Green Wedge Zone.

Produce sales

Produce is currently sold to local and Melbourne hospitality businesses, including Alimentary

(Fitzroy, Collingwood) and Mr Curtis (Mt Martha) and it is intended to sell more produce locally. A

regular stall is held at the local Boneo market which is an opportunity to spread awareness of the

business and invite people to visit the property.

Vegetable sales will comprise of: 2/3 to hospitality, 1/6 market stall and 1/6 cellar door in the form

of a simple, seasonal tasting menu to accompany wine tastings. Any cut flowers from the property

will be sold between the market stall and cellar door.

Wine sales are intended to be managed via the cellar door (60%), ongoing sales such as “farm

friends” (20%) and wholesale via a natural wine distributor (20%).


Winery and cellar door

A ‘winery’ is a Section 2 use (permit required) under the Green Wedge Zone.

Clause 73.03 of the Mornington Peninsula Planning Scheme defines a Winery as;

Land used to display, and sell by retail, vineyard products, in association with the growing of

grape vines and the manufacture of the vineyard products. It may include the preparation

and sale of food and drink for consumption on the premises.

The proposed buildings and works comprise of a winery measuring 176 square metres in area and

cellar door measuring 133 square metres to be sited centrally on the southern portion of the land.

The proposed siting has been informed by the defendable space requirements of the BMO and need

to protect native vegetation with the highest retention value.

The proposed hours of operation (for both the manufacturing and retail component) will be

Thursday – Sunday, 11am – 4pm for the retail component and Monday – Friday, 8am – 5pm for the

manufacturing component.

The proposed patron numbers will be a maximum of 30 with four additional staff.

The winery and cellar door are proposed to be licensed (refer to accompanying red line plan).

Access to the site will be via the existing crossover to Maxwell Road with the existing accessway to

be extended. 12 patron car parks are nominated adjacent to the orchard are) along with 4 additional

staff car parks.

Native vegetation removal has been limited to the greatest extent possible whilst satisfying the

defendable space requirements of the BMO.

Proposed winery and cellar door:


Business identification signage will be erected at the entrance to the property, as shown below.


4. Planning Scheme Context

4.1 Planning Controls

The subject land is located in the Green Wedge Zone (Schedule 4) under the Mornington Peninsula Planning Scheme and is affected by the following overlays:

• Environmental Significance Overlay Schedule 15 (The Cups), Schedule 23 (Semi Stabilized

Dunes) and Schedule 28 (Mornington Peninsula Bushland);

• Vegetation Protection Overlay Schedule 2 (Significant Treelines);

• Bushfire Management Overlay.

4.2 Planning Permit Triggers

Planning approval is required for the proposed use and development pursuant to:

• Green Wedge Zone, Schedule 4 (GWZ4) o Section 2 use (winery) o Buildings and works associated with a Section 2 use.

• Environmental Significance Overlay, Schedule 15 (ESO15). o Buildings and works associated with a Section 2 use. o Native vegetation removal.

• Environmental Significance Overlay, Schedule 23 (ESO23). o Buildings and works associated with a Section 2 use. o Native vegetation removal.

• Bushfire Management Overlay o Buildings and works.

• Clause 52.05 Signs o Business identification signage.

• Clause 52.17 Native Vegetation o Remove, destroy or lop native vegetation.

• Clause 52.27 Licensed Premises o Use land to sell or consume liquor.


5. Planning Scheme Assessment

5.1 State Planning Policy

Clause 11.01-1R Green Wedges Metropolitan Melbourne

The objective of this policy is to protect the green wedges of the Metropolitan Melbourne from

inappropriate development.

The relevant strategies of this policy are:

• Promote and encourage the key features and related values of each green wedge area.

• Support development in the green wedge that provides for environmental, economic and

social benefits.

• Consolidate new residential development in existing settlements and in locations where

planned services are available and green wedge values are protected.

• Plan and protect major state infrastructure and resource assets, such as airports and ports

with their associated access corridors, water supply dams, water catchments and waste

management and recycling facilities.

• Protect important productive agricultural areas such as Werribee South, the Maribyrnong

River flats, the Yarra Valley, Westernport and the Mornington Peninsula. Support existing

and potential agribusiness activities, forestry, food production and tourism.

• Protect areas of environmental, landscape and scenic value such as biodiversity assets,

national and state parks, Ramsar wetlands and coastal areas.

• Protect significant resources of stone, sand and other mineral resources for extraction

purposes.

• Provide opportunities for renewable energy generation.

The proposed development meets the objective and strategies of this policy as:

• The proposed winery demonstrates a direct nexus between the future agricultural use of the

site and will not depart or reduce the productive agricultural land, rather enhance the

agricultural opportunities. The intensity of the commercial use reflects the intensity of the

agricultural pursuits and the size of the allotment.

• The proposed built form is well setback from the road and buildings on neighbouring

properties ensuring no negative landscape impacts and as demonstrated by the proposed

master plan, will not detract from the agricultural capability of the land;

• The proposal will provide another important tourism element to the site and attract visitors

to utilise surrounding businesses.

Clause 11.03-5S Distinctive areas and landscapes

This policy aims to protect and enhance the valued attributes of identified distinctive areas and

landscapes.


Consideration must be given to the Mornington Peninsula Localised Planning Statement (Victorian

Government, 2014).

To achieve this objective the statement contains a series of strategies. Each of the relevant

strategies are identified and considered below in light of the proposal

Strategy 29 Due account will be given to the value of the Mornington Peninsula for agriculture and other rural pursuits and to the role of primary producers and other land managers.

The proposal achieves an outcome entirely consistent with this policy in that it proposes the establishment of a vineyard with grapes to be processed on site into wine for consumption on and off the premises.

Strategy 30 Planning for the Peninsula will recognise the opportunities to combine agricultural land use at all scales with provision for conservation of environmental systems, recreation and agri-tourism.

The proposed use will enhance the agricultural values of the land and allow for the establishment of

a small agri-tourism enterprise which is entirely consistent with the objectives of this strategy. The

proposed agricultural aspect further encourages the ‘food tourism’ opportunities for the Peninsula,

providing a diversification in the tourism industry adding to the viticultural industry which in turn

increases the resilience and sustainability of the tourism industry on the Peninsula.

Strategy 35 The recreational role of the Peninsula, with particular emphasis on the experience of the natural environmental and opportunities for outdoor and unstructured recreation will be maintained by protecting the qualities of its natural environments, landscapes and cultural heritage.

The vegetation of the highest value has been prioritised for retention on the land. The proposed

built form is relatively modest in scale and height to minimise any landscape impacts.

Strategy 37 The value of tourism, including eco-tourism and agri-tourism will be recognised and supported in appropriate locations. In rural Green Wedge Area tourism based development will play a complementary role to the primary values of the rural Peninsula, being biodiversity, agricultural and landscape. In rural Green Wedge areas tourism based developments of a kind, scale and location appropriate to the natural environment and rural character of the Peninsula will be considered provided: a) they operate in conjunction with and support significant agricultural, recreational or conservation activity on the land, and b) there is sufficient on site buffer provided to avoid constraining the use of adjacent land.

The proposed winery demonstrates a direct nexus between the future agricultural use of the site

and will not depart or reduce the productive agricultural land, rather enhance the agricultural

opportunities. The intensity of the commercial use reflects the intensity of the agricultural pursuits

and the size of the allotment.


Clause 12.01-2S Native Vegetation Management

The objective of this policy is to ensure that there is no net loss to biodiversity as a result of the

removal, destruction or lopping of native vegetation.

Ensure decisions that involve, or will lead to, the removal, destruction or lopping of native

vegetation, apply the three-step approach in accordance with the Guidelines for the removal,

destruction or lopping of native vegetation (Department of Environment, Land, Water and Planning,

2017):

• Avoid the removal, destruction or lopping of native vegetation.

• Minimise impacts from the removal, destruction or lopping of native vegetation that cannot

be avoided.

• Provide an offset to compensate for the biodiversity impact from the removal, destruction

or lopping of native vegetation.

The desire to increase the agricultural output of the site has been balanced with the planning

controls which seek to retain high-quality native vegetation on the land. Whilst it is unavoidable that

some vegetation removal will be required, vegetation of lower conservation value has been

nominated for removal.

The proposed native vegetation removal has been limited to the greatest extent possible and will be

appropriately offset to compensate for the biodiversity impact.

Clause 12.05-1S Environmentally sensitive areas

The objective of this policy is “to protect and conserve environmentally sensitive areas”.

The relevant strategies of this policy are to:

Protect environmentally sensitive areas with significant recreational value such as the

Dandenong and Macedon Ranges, the Upper Yarra Valley, Western Port and Port Phillip Bays

and their foreshores, the Mornington Peninsula, the Yarra and Maribyrnong Rivers and the

Merri Creek, the Grampians, the Gippsland Lakes and its foreshore, the coastal areas and their

foreshores and the Alpine areas as well as nominated urban conservation areas, historic

buildings and precincts from development which would diminish their environmental

conservation or recreation values.

The proposal is considered to meet the objective of this policy as:

• The buildings have been appropriately sited with regard to the proposed agricultural

pursuits on the land.

• The siting of the built form takes into account the vegetation removal necessary to achieve

compliance with the defendable space requirements of the BMO. Vegetation with the

greatest retention has been retained where possible.

• The development is modest in size and scale and will not dominate the landscape.


Clause 12.05-2S Landscapes

The objective of this policy is to protect and enhance significant landscapes and open spaces that

contribute to character, identity and sustainable environments.

Strategies include:

• Ensure significant landscape areas such as forests, the bays and coastlines are protected.

• Ensure development does not detract from the natural qualities of significant landscape

areas.

• Improve the landscape qualities, open space linkages and environmental performance in

significant landscapes and open spaces, including green wedges, conservation areas and

non-urban areas.

• Recognise the natural landscape for its aesthetic value and as a fully functioning system.

Ensure important natural features are protected and enhanced.

The proposed buildings and works are well setback from the property boundaries to minimise any

visual impact on surrounding land. The winery and cellar door buildings have a low profile and visual

screening will be afforded by the undulating landscape and existing vegetation. Native vegetation

removal has been limited to the greatest extent possible whilst satisfying defendable space

requirements and facilitating the proposed areas for crop raising.

Clause 13.02-1S Bushfire planning

The objective of this policy is to strengthen the resilience of settlements and communities to bushfire

through risk-based planning that prioritises the protection of human life.

The Bushfire Management Statement prepared by Nature Advisory which accompanies the

application outlines the nature of the bushfire risk associated with the subject land and

demonstrates that the bushfire risk can be appropriately managed.

Clause 14.01 Protection of Agricultural Land

The objective of this policy is:

• To protect productive farmland which is of strategic significance in the local or regional

context.

The relevant strategies of this policy are:

• Ensure that the State’s agricultural base is protected from the unplanned loss of productive

agricultural land due to permanent changes of land use.

• Take into consideration regional, state and local, issues and characteristics in the assessment

of agricultural quality and productivity.

• In considering a proposal to subdivide or develop agricultural land, the following factors must

be considered:


o The desirability and impacts of removing the land from primary production, given its

agricultural productivity.

o The impacts of the proposed subdivision or development on the continuation of

primary production on adjacent land, with particular regard to land values and to the

viability of infrastructure for such production.

o The compatibility between the proposed or likely development and the existing uses

of the surrounding land.

o Assessment of the land capability.

• In assessing rural development proposal, planning and responsible authorities must balance

the potential off-site effects of rural land use proposals (such as degradation of soil or water

quality and land salinization) which might affect productive agricultural land against the

benefits of the proposal.

• Planning for rural land use should consider:

o Land capability; and

o The potential impacts of land use and development on the spread of plant and animal

pests from areas of known infestation into agricultural areas.

The proposed development of a small winery and associated cellar door achieves an outcome entirely

consistent with the objectives of this policy. The built form has been sympathetically designed and

sited and provides opportunity to showcase the agricultural produce grown on site as well as engage

patrons in the process of manufacturing wine.

Clause 14.01-2S Sustainable agricultural land use

The objective of this policy is to encourage sustainable agricultural land use.

Strategies include:

• Ensure agricultural and productive rural land use activities are managed to maintain the

long-term sustainable use and management of existing natural resources.

• Support the development of innovative and sustainable approaches to agricultural and

associated rural land use practices.

• Support adaptation of the agricultural sector to respond to the potential risks arising from

climate change.

• Encourage diversification and value-adding of agriculture through effective agricultural

production and processing, rural industry and farm-related retailing.

• Assist genuine farming enterprises to embrace opportunities and adjust flexibly to market

changes.

• Support agricultural investment through the protection and enhancement of appropriate

infrastructure.

• Facilitate ongoing productivity and investment in high value agriculture.

• Facilitate the establishment and expansion of cattle feedlots, pig farms, poultry farms and

other intensive animal industries in a manner consistent with orderly and proper planning

and protection of the environment.


• Ensure that the use and development of land for animal keeping or training is appropriately

located and does not detrimentally impact the environment, the operation of surrounding

land uses and the amenity of the surrounding area.

The Land Management Plan accompanying the application demonstrates that the proposed

agricultural land use is sustainable and will respond to the market demand for organically farmed

alternatives.

It is intended to create a sustainable farming system for longevity and environmental and human

health though the use of regenerative farming practices (rather than chemicals) which continually

feed the microbial soil life and both companion, and crop rotation planting.

In keeping with this farming philosophy, the grapes will be managed organically. The use of cover

cropping in the vineyard will help increase soil health and retain moisture. The grapes will be picked

by hand and the resulting wine will be made with minimal additions or interventions.

The proposed buildings and works have been designed and sited with regard to the extent and

condition of native vegetation on the site. The retention of high quality vegetation has been

prioritised.

Clause 17.04 Tourism

The objectives of this policy in relation to tourism and sustainable development include:

To encourage tourism development to maximise the employment and long-term economic,

social and cultural benefits of developing the State as a competitive domestic and

international tourist destination.

Strategies include:

• Encourage the development of a range of well designed and sited tourist facilities, including

integrated resorts, motel accommodation and smaller scale operations such as host farm,

bed and breakfast and retail opportunities; and

• Seek to ensure that tourism facilities have access to suitable transport and be compatible

with and build upon the assets and qualities of surrounding urban or rural activities and

cultural and natural attractions.

Policy Guidelines under Clause 17 state that planning must consider as relevant:

Tourism Investment Guidelines – Your Guide to Tourism Investments in Victoria’ (Tourism

Victoria, 2008), in considering applications for tourist development; and any relevant

Regional Tourism Development Strategy including the Food and Wine Action Plan 2011-2015.

Although this plan is outdated it aimed to raise awareness of Victoria as a leading food and

wine destination and was utilised within destination and product marketing campaigns to

reinforce Victoria’s food tourism opportunities.


The Mornington Peninsula is a major tourist destination with an influx of at least 80,000

additional visitors in the peak summer months. The Mornington Peninsula is expected to

grow substantially in numbers by 2050. The Peninsula is home to a diverse range of tourist

facilities such as horse riding tours, pony trails, golf courses, wineries, hot springs, cellar

doors, scuba diving, bush walks, look outs, accommodation and the like.

The proposal is entirely consistent with this policy insofar as offering employment, tourism and

economic and social benefits in a prime tourist destination area. The proposal will provide a further

attraction in an area already popular for a wide range and number of tourist destinations. The

following tourist facilities located within proximity of the subject site:

• St. Andrews Golf Course and accommodation precinct on Sandy Road;

• Gunnamatta Trail Rides off Truemans Road;

• Moonah Links golf, hotel and residential complex on Sandy Road;

• Boneo Maze on Limestones Road;

• Boneo Road Markets (fortnightly) on Limestone Road;

• Peninsula Hot Springs on Browns Road;

• Eagle Ridge Golf Course and accommodation on Browns Road;

• Nepean Country Club on Browns Road;

• The Dunes Golf complex;

• Rosebud Golf Course.

Overall, the proposal will further the objectives and implementation of this policy.

Clause 18.02-4S Car parking

This objective seeks to ensure an adequate supply of car parking that is appropriately designed and

located.

The number of car parking spaces provided satisfies the requirements of Clause 52.06-5 having

regard to the demand likely to be generated by the proposed winery land use. The design and

location of the car parking creates a safe environment and enables efficient use. It is considered that

the modest scale of the proposed land use will not have a detrimental impact on the surrounding

road network.

5.2 Local Planning Policy

Clause 21.02 Profile of the Mornington Peninsula

The relevant components of this policy are as follows:


Agriculture

Agricultural activities and primary industry occupy the majority of Peninsula’s land area and employ approximately 3 per cent of the Shire’s workforce, which is well above the Victorian average. Horticulture, market gardening and poultry farming are significant rural industries on the Peninsula. The Peninsula also produces almost $18 million worth of fruit and vegetables each year.

The Peninsula forms part of the Port Phillip Region, which achieves the highest returns per hectare in Victoria. The Peninsula’s average return per hectare is also rated as above average by the Department of Agriculture, with high to very high productivity potential across the whole Peninsula (State of the Environment Report,1991). Vineyards are an increasingly important industry on the Peninsula. The Peninsula’s 40- plus wineries attract more than 150,000 visitors a year and the continued growth of this industry contributes to marketing of the region as a recreation destination with a range of all-season attractions.

As acknowledged by this policy, agriculture contributes to the economic, social and landscape values

of the Mornington Peninsula and plays an important role in promoting the area for tourism.

The proposal which involves the establishment of crop raising across a large portion of the site to

support the production of wine and growing of other primary produce on the land, will result in an

intensification of the existing agricultural land use while increasing economic and tourism

opportunities for the site and wider agricultural industry. The proposed built form is relatively

modest and is suitably designed and sited to avoid any offsite impacts and maximise the use of the

land for crop production. The proposed footprint of the commercial aspect is consistent with the

intensity of the agricultural productivity on the site and subsequent output of produce.

Recreation and Tourism

The Mornington Peninsula is a key recreation area, and is often described as Melbourne’s

playground, meeting both local and metropolitan needs. It is the most popular informal

recreational area in Victoria. In 1996, the Mornington Peninsula National Park attracted a

total of 2.5 million visitors, making it the most visited National Park in Victoria. Other

attractions include Arthur’s Seat National Park (82,500 visitors in 1996), safe bayside

beaches, ocean surf beaches, golf courses, boating facilities, bushwalking and horse riding

trails, weekend markets and historic sites, including the homestead and nature reserve at

Coolart in Somers and the Briars property between Mornington and Mt Martha. The

Peninsula boasts some of Victoria’s greatest natural and cultural assets, and these form the

basis of a sustainable tourism industry.

The proposal complies with this policy given the tourism component of this application supports the

rural industry. The proposal will attract tourists and provide opportunity for visitors to come and

enjoy the agricultural and rural experience furthering the objectives of this policy.


Clause 21.03 Mornington peninsula Regional Role and Local Vision

The relevant components of this policy are:

Recreation and tourism

Living Suburbs, Melbourne Metropolitan Policy, 1995 specifies that Melburnians should

continue to have ready access to green spaces and non-urban land offering recreational and

related opportunities. Similarly, State Planning Policy also requires that planning decisions

should assist the creation of linked parklands and open space systems and the protection of

important open landscapes. These policies focus attention on the current and future value of

the Peninsula.

The Peninsula is already the major destination for informal recreation in Melbourne.

Proximity to Frankston, Dandenong and the South Eastern Growth Area (SEGA) increases the

value of Peninsula as a recreation area. The population of the SEGA is anticipated to increase

by approximately 240,000 people over the next twenty years, requiring careful management

of the Peninsula’s recreational resources.

The Bays and Peninsulas Regional Tourism Development Plan, 1997 states that local

government must be aware of the importance of the semi-rural experience to the overall

tourism development and sustainability. The Plan emphasises the need to maintain both an

actual and perceived green break between suburban Melbourne and the regions attractions

and destinations and suggests that this will only be achieved by resisting urban sprawl and

the perceptions this brings with it.”

The proposal readily complies with this policy insofar as providing a tourism facility in an appropriate

location by affording a rural tourism experience in an established tourism precinct.

Agriculture

The State government is committed to protecting high quality agricultural areas from

unplanned changes of land use. Living Suburbs, Melbourne Metropolitan Policy, 1995 notes

that the value per hectare of agricultural production in the Port Phillip and Western Port

Region (which incorporates the Mornington Peninsula) is the highest in State and that it is

essential that these areas retain their value to the State’s economy as a source of clean and

green produce. Living Suburbs also comments that valuable agricultural assets in and around

Melbourne include the vineyards of the Mornington Peninsula, and that the value of

agricultural areas lies not only in their capacity to generate produce, but also in their

attraction to tourists.

The location of the subject site, surrounded by a variety of other tourism destinations, adds to the

diversity of choice available to visitors and locals alike. The direct nexus between the proposed

agricultural use of the site and production of wine (and other primary produce) provides a unique

tourist attraction that also provides for local employment opportunities.


Clause 21.09-2 Support Agriculture and Primary Production

This clause identifies that the mild climate, high and well distributed rainfall and ready access to

markets makes the Peninsula a major farming area playing an integral role of the economic base and

adding value to the recreational experiences on offer. One of the major aims of this Clause is to

acknowledge the complexity and inter dependence of the Peninsula’s rural values and to provide a

framework that will maintain them into the future. The framework is expressed in terms of three

components:

• Conserving environmental values;

• Supporting agriculture and primary production; and

• Maintaining and enhancing landscape, cultural and recreational values.

The proposed purpose-built winery and cellar door, will directly support and enhance the agriculture

activities on the site whilst maintaining the landscape and recreational values. The majority of

products sold, stored and tasted on-site will be manufactured directly from produce grown on the

land. The commercial use is necessary to ensure that the use remains viable, long term. The intensity

of the commercial aspect is relatively modest ensuring no offsite impacts.

Clause 22.07 Commercial and Industrial Uses in Rural Areas

This policy applies to all land in the Green Wedge Zone. The Objectives are as follows:

• To maintain permanent non-urban areas of high landscape value for a variety of recreational activities and experiences and to support sustainable agricultural use of rural land.

• To prevent the establishment of use and development which would reduce the distinctive character of the Peninsula’s rural landscapes.

• To give emphasis to outdoor and unstructured recreation, especially recreational activities that promote understanding of, cultivate an interest in or are directly associated with rural pursuits the land or coastal environments in their natural state.

• To encourage tourism and recreation uses that minimise the adverse impacts on the amenity of local residents.

• To ensure that the roads of the Peninsula are protected from inappropriate development and are maintained as a major landscape and recreational resource.

• To encourage the provisions of facilities which support the recreational role of the Peninsula. It is policy that:

• Applications for industrial uses in rural areas should be limited to those that demonstrate a direct link with rural activities, including the processing and packaging of agricultural products grown in the area and the servicing of rural equipment.

• Development proposals without an identified use will not be supported and the responsible authority will promote the utilisation or replacement of existing building in preference to the establishment of additional structures.

• Applications for commercial uses in rural areas should be limited to those which demonstrate a direct link to rural activities or the provision of accommodation, services and facilities linked


to the Peninsula’s role as an area providing opportunities for outdoor and unstructured recreation, associated with the Peninsula’s natural and cultural heritage values. Uses which may be considered include the provision for the sale of farm produce grown on the property and the provision of home hosted accommodation.

• Applications must be compatible and integrated with the primary land use on the site and that of surrounding land. Large scale proposals, including restaurants for 40 or more persons or galleries or similar uses with a floor area greater than 100 square metres must be supported by site analysis and design response plans. Restaurant proposals should demonstrate a clear link to the production of food or wine on the property, be associated with a significant recreational site or established tourism node or contribute to the conservation of buildings with heritage value.

• Proposals for commercial and industrial development should be sited on lots with at least the minimum area required for the zone, unless it is clearly demonstrated that the proposed use will have no significant negative impact on the landscape character of the area, the amenity of adjoining land owners or on the agricultural use of rural land. The responsible authority must consider whether the site has sufficient area and dimensions to provide and maintain a suitable buffer area.

• All buildings and works must be designed to contribute to the existing landscape character and should not seek to dominate, limit or reduce views available from public areas, including road sides.

• Applicants for commercial development must demonstrate that their proposal addressees a need or gap in the tourist industry and is not dependent on the development of other residential or commercial activities on the site or in the locality.

• Applications likely to generate significant traffic volumes must demonstrate that additional traffic can be accommodated by existing road infrastructure without detriment to existing road users or adjoining landowners. Where physical infrastructure works are required the costs of such works must be met by the applicant and must have special regard to the impact on roadside vegetation and the recreational value of scenic roads and tourist routes. Sites proposed for commercial or industrial activities should generally have access to a sealed road of a suitable standard and sites adjoining unsealed roads must include proposals for road maintenance and dust suppression.

• All car parking required by commercial or industrial uses in the Green Wedge Zone and Farming Zone must be accommodated on the land and should be sited and constructed so as to minimise the impact on rural landscape character of the site and surrounding locality. Restaurant facilities in rural areas should generally avoid night time operation due to the potential impact on rural amenity from additional traffic, noise and light.

• Proposals for commercial or industrial uses in the Green Wedge Zone and Farming Zone should be located at least five kilometres from land within a residential, business or industrial zone or must demonstrate that the proposed development will not generate expectations of linear strip development, particularly along main roads and tourist routes.

• The siting and design of all buildings and works must have particular regard to the provisions the Environmental Significance, Landscape Significance and Vegetation Protection overlays contained in this scheme.

The proposal is consistent with the objectives of this policy in that the industrial or production aspect is directly related to the agricultural produce grown on the land. The proposed vegetation removal has been limited to the greatest extent possible, whilst satisfying the defendable space requirements of the BMO and enabling the establishment of area for crop raising.


The siting of the built form and associated car parking centrally on the land, ensures no offsite amenity impacts. The proposal is at a suitable scale and will clearly demonstrate its capability to address a need in the tourism industry for local beverage products which complement both the local wine industry and the surrounding tourism facilities including golf, surfing, etc. The proposal is also entirely consistent with the Shire’s economic development guidelines for the Southern Mornington Peninsula in its role as one the State’s major tourism destinations. Clause 22.11 Mornington Peninsula Fire Protection Policy

The objective of this policy is:

• To assist efforts to mitigate the risk to life, property and the environment for uncontrolled

fire.

• To ensure that land use and development does not increase the level of fire risk.

• To ensure that land use and development includes adequate fire protection measures.

For all rural areas:

• Road access to and within the site should be designed to provide safe access to both fire

fighting and other vehicles at all times.

• An adequate supply of water with suitable flow rates and appropriate couplings for Country

Fire Authority equipment should be readily available to landowners or emergency services.

• The design siting and layout of any development should improve protection for life and

minimise the level of fire risk.

• Access, fencing and the location of dams should maximise fire-fighting potential and

minimise interference with fire fighting measures.

The Bushfire Management Statement prepared by Nature Advisory which accompanies the

application outlines the nature of the bushfire risk associated with the subject land and how this will

be appropriately managed.

Clause 22.14 Mornington Peninsula Land Units

As the subject site is affected by ESO15, consideration of this local policy is relevant.

The objectives of this policy are:

• To promote sustainable use and development of rural land, sustainable land use practices and integrated land management, including the retention and enhancement of habitat corridors along streamlines and the protection of wetlands.

• To maintain and conserve the environmental systems, habitat areas, soil stability, drainage patterns and stream quality of the Mornington Peninsula.

• To conserve areas of native vegetation, including native grasses and ground flora.

• To support effective catchment and land protection, including the management of salinity.

• To promote the siting and design of buildings, including the choice of building materials that is responsive to landscape character.


• To maintain the scenic value of roads and recreational routes.

• To promote use and development which are compatible with the maintenance of long term natural, agricultural, landscape and recreational values of the Mornington Peninsula.

The proposal adequately promotes sustainable use and development by returning a significant portion

of the land to a primary agricultural land use. The scenic values of nearby roads will be maintained

given the undulating topography, visual screening by existing vegetation and the modest scale and

height of the proposed built form.

5.3 Zone

Clause 35.04 Green Wedge Zone Schedule 4

The purpose of the Green Wedge 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 recognise, protect and conserve green wedge land for its agricultural, environmental, historic, landscape, recreational and tourism opportunities, and mineral and stone resources.

• To encourage use and development that is consistent with sustainable land management practices.

• To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses.

• To protect, conserve and enhance the cultural heritage significance and the character of open rural and scenic non-urban landscapes.

• To protect and enhance the biodiversity of the area.

The zone also requires consideration be given to: - The State Planning Policy Framework and the Local Planning Policy Framework, including the

Municipal Strategic Statement and local planning policies; - Any Regional Catchment Strategy and associated plan applying to the land; - The capability of the land to accommodate the proposed use or development; - How the use or development relates to rural land use, rural diversification, natural resource

management, natural or cultural heritage management, recreation or tourism; - Whether the site is suitable for the use or development and the compatibility of the proposal with

adjoining land uses; - Whether the use or development is essential to the health, safety or well-being of the State or

area but is not appropriate to locate in an urban area because of the effect it may have on existing or proposed urban areas or the effect that existing or proposed urban areas may have on the proposed use or development;

- The need to minimise adverse impacts on the character and appearance of the area or features of architectural, scientific or cultural heritage significance, or of natural scenic beauty.

Rural issues - The maintenance of agricultural production and the impact on the rural economy. - The environmental capacity of the site to sustain the rural enterprise. - The need to prepare an integrated land management plan.


- The impact on the existing and proposed rural infrastructure. - The potential for the future expansion of the use or development and the impact of this on

adjoining and nearby agriculture and other land uses. - The protection and retention of land for future sustainable agricultural activities. Environmental issues - The impact of the use or development on the flora and fauna on the site and its surrounds. - The need to protect and enhance the biodiversity of the area, including the retention of vegetation

and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area.

- How the use or development relates to sustainable land management and the need to prepare an integrated land management plan.

- The location of on site effluent disposal areas to minimise impact of nutrient loads on waterways and native vegetation.

Design and siting issues - The need to minimise any adverse impacts of siting, design, height, bulk, and colours and materials

to be used, on landscape features, major roads and vistas. - The location and design of existing and proposed infrastructure services which minimises the visual

impact on the landscape. - The need to minimise adverse impacts on the character and appearance of the area or features of

archaeological, historic or scientific significance or of natural scenic beauty or importance. A permit is required to use the land for the purpose of a winery. A permit is required for building and works associated with a Section 2 use. The proposal is considered consistent with the Green Wedge Zone given:

• The production of wine relates directly to the main use of the site for agriculture given that the grapes will be grown on the land. The crop raising is the primary use of the land based on the site coverage when compared to the commercial aspect which encompasses the tastings, viewing, consumption and sales areas. The majority of products sold, stored and tasted on-site will be manufactured directly from produce grown on the land.

• The proposal provides a unique and responsive tourist experience without impacting upon the landscape values or the agricultural viability of the site or wider area which is entirely consistent with the objectives of the Green Wedge Zone.

• The ancillary commercial use is modest ensuring no offsite amenity impacts. The proposal provides for the required number of car parking spaces with provision for additional informal car parking also available. The separation between the cellar door and adjoining residential dwellings will appropriately limit the associated noise impacts.

• Whilst there is the provision of food available, there is no intention to provide substantial meals. The responsible serving of alcohol requires some provision of food and therefore, it is proposed to serve small tasting plates which utilise as much of the produce grown on site as possible. The limit scope of food available makes it an ancillary use as opposed to the primary use of the land.


On balance, all components of the proposal adequately respond to the Zone and are consistent with

the purpose and considerations therefore are worthy of support.

5.4 Overlays

Clause 42.01 Environmental Significance Overlay – Schedule 15 (The Cups)

A permit is required to construct a building or construct or carry out works associated with a Section

2 use. A permit is also required to remove native vegetation.

The objectives of the overlay are:

• To protect and conserve the environmental systems, bio diversity, native vegetation, habitat areas, land and soil stability, drainage patterns, and ground water quality of this area.

• To promote the sustainable development of rural land and integrated land and catchment management, including the retention and enhancement of habitat corridors and wetlands.

• To ensure that subdivision and development density is compatible with maintaining the long term natural, agricultural and landscape values of this area.

• To promote siting and design of buildings and works that is responsive to the semi consolidated sand dune landscape character and vistas of this area, and that maintains the scenic value of roads and recreation routes.

• To protect the landscape values of the area. The entire site is affected by this overlay therefore siting of the development outside of the overlay is not achievable. The siting of the development is considered reasonable given:

• The proposed built form will not be visible from any surrounding roads and the modest building height ensures that the development does not dominate the landscape;

• The proposed development supports the long-term agricultural values of the site and wider area;

• The use of responsive materials and colours ensures the development will appropriately integrate with the landscape character of the area;

• Native vegetation has been retained where possible to protect the landscape value of the area.

Clause 42.01 Environmental Significance Overlay – Schedule 23 (Semi Stabilised Dunes)

A permit is required to construct a building or construct or carry out works. A permit is also required

to remove vegetation.

The objectives of the overlay are:

• To maintain the stability of the unique landform (the Cups) that may become unstable if the top surface is removed in steeper sections.

• To ensure that buildings are sited to prevent unnecessary wind turbulence in certain areas such as the windward and leeward top slopes, in order to prevent surface erosion.

• To ensure a sustainable intensity of development in semi stable dune areas.

• To avoid development on land with a ground slope greater than 25 percent.


The entire site is affected by this overlay therefore siting of the development outside of the overlay is not achievable. The siting of the development is considered reasonable given:

• The proposed buildings and works will be appropriately stabilised to minimise any impact on the dune environment.

• The proposed planting of crop will assist with stabilising the soils.

Clause 42.01 Environmental Significance Overlay – Schedule 28 (Mornington Peninsula Bushland)

The proposed buildings and works and associated vegetation removal are located outside of the area of this overlay and therefore no planning approval is required. Clause 42.02 Vegetation Protection Overlay – Schedule 2 (Significant Treelines)

The proposed building and works and associated vegetation removal are located outside of the area of this overlay and therefore no planning approval is required. Clause 44.06 Bushfire Management Overlay The purpose of the overlay is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework.

• To ensure that the development of land prioritises the protection of human life and strengthens community resilience to bushfire.

• To identify areas where the bushfire hazard warrants bushfire protection measures to be implemented.

• To ensure development is only permitted where the risk to life and property from bushfire can be reduced to an acceptable level.

A permit is required to construct a building or construct or carry out works associated with a winery. The Bushfire Management Statement (BMS) and Bushfire Management Plan (BMP) prepared by

Nature Advisory outlines how the proposal has addressed the requirements of the BMO (Clause

44.06) and the associated Clause 53.02 – Bushfire Planning.

The BMS demonstrates that the following bushfire protection measures which are incorporated into

the BMP complies with all of the approved measures of Clause 53.02 and will ensure that the risk to

life and property from bushfire is reduced to an acceptable level:

• A building envelope and defendable space envelope that achieves a Bushfire Attack Level

(BAL) rating of BAL-29 in accordance with Table 2 to Clause 53.02-5.

• Management of vegetation within the defendable space envelope in accordance with the

requirements of Table 6 to Clause 53.02-5.

• Construction of the buildings to comply with the requirements for BAL-29 in accordance

with Sections 3 and 7 of AS.3959-2018.

• Provision of static water supply reserved for firefighting and property protection purposes in

accordance with Table 4 to Clause 53.02-5.


• Emergency vehicle access in accordance with Table 5 of Clause 53.02-5.

5.5 Particular Provisions

Clause 52.05 – Signs

The purpose of the Clause is:

• To regulate the development of land for signs and associated structures.

• To ensure signs are compatible with the amenity and visual appearance of an area, including the existing or desired future character.

• To ensure signs do not contribute to excessive visual clutter or visual disorder.

• To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

The Green Wedge Zone is in Category 3 – High Amenity Areas (medium limitation).

A planning permit is required for business identification signage (Section 2).

The purpose is to ensure that signs in high-amenity areas are orderly, of good design and do

not detract from the appearance of the building on which the sign is displayed or the

surrounding area.

The proposed signage is consistent with Clause 52.05 given:

• The sign is relatively modest is terms of proportion, scale and form and responds to the

surrounding rural context.

• The sign is positioned on the rammed earth wall at the entrance to the property and will not

dominate the skyline.

• Only a single business identification sign is proposed, avoiding visual disorder or clutter of

signs.

Clause 52.06 – Car Parking

This policy aims:

• To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework.

• To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality.

• To support sustainable transport alternatives to the motor car.

• To promote the efficient use of car parking spaces through the consolidation of car parking facilities.

• To ensure that car parking does not adversely affect the amenity of the locality.

• To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.


The car parking table at Clause 52.06-5 stipulates the following car parking rate for a winery:

Based on 30 patrons, a total number of 12 parking spaces are required. The plans accompanying the application nominate 12 car parking spaces for patrons and a further 4 car parking spaces for staff. The access and car parking facilities are designed to enable efficient use and sited to ensure that the amenity of surrounding properties is not adversely affected. Clause 52.17 Native Vegetation The purpose of this Clause is:

• To ensure that there is no net loss to biodiversity as a result of the removal, destruction or

lopping of native vegetation. This is achieved by applying the following three step approach

in accordance with the Guidelines for the removal, destruction or lopping of native

vegetation (Department of Environment, Land, Water and Planning, 2017) (the Guidelines):

1. Avoid the removal, destruction or lopping of native vegetation.

2. Minimise impacts from the removal, destruction or lopping of native vegetation that

cannot be avoided.

3. Provide an offset to compensate for the biodiversity impact if a permit is granted to

remove, destroy or lop native vegetation.

• To manage the removal, destruction or lopping of native vegetation to minimise land and

water degradation

A permit is required to remove, destroy or lop native vegetation, including dead vegetation.

The accompanying Native Vegetation Assessment undertaken by Nature Advisory identifies 11

patches of native vegetation (EVC 858 – Coastal Alkaline Scrub), totalling 1.934 hectares. The

application proposes the removal of 0.392 hectares of native vegetation (patches, no large trees).

The siting of the proposed buildings and works has been selected with careful consideration of

vegetation with the highest retention value on the land (as shown below). The proposed

winery/cellar door is sited in an area where the retention value is lower due to the poor canopy

cover and extent of weeds. The proposed vineyard has been positioned to only impact on

vegetation of low retention value. The vegetation along the southern fence line will remain as the

canopy is of good health and will provide a wind break.


Study areas and retention value

The desire to increase the agricultural output of the site has been appropriately balanced with the

retention of high quality native vegetation, however it is unavoidable that some vegetation removal

will be required. The proposal focuses on removing vegetation of lower conservation value.

The proposal is to be assessed under the Basic assessment pathway which does not trigger a referral

to DELWP.

The following offsets will be required to compensate for the removal of this native vegetation:

• 0.230 general habitat units (minimum strategic biodiversity value of 0.567).

These offsets will be acquired via a third-party and must be secured prior to any native vegetation

removal.

Clause 52.27 Licensed Premises

The purpose of this policy is:

• To ensure that licensed premises are situated in appropriate locations.

• To ensure that the impact of the licensed premises on the amenity of the surrounding area is

considered.

A permit is required to use the land to sell or consume liquor.


The red line plan below identifies the proposed licenced area:

The use of the land to sell and consume liquor is appropriate on the following basis:

• The sale and consumption of liquor from the land will not impact upon the amenity of the

surrounding area.

• The hours of operation and number of patrons is reflective of other wineries and cellar

doors on the Peninsula.

• The provision of food (small seasonal tasting menu) associated with the tasting and drinking

of wine provides for the responsible serving of alcohol.

Clause 53.02 Bushfire Planning

The purpose of the Clause is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework.

• To ensure that the development of land prioritises the protection of human life and

strengthens community resilience to bushfire.

• To ensure that the location, design and construction of development appropriately responds

to the bushfire hazard.

• To ensure development is only permitted where the risk to life, property and community

infrastructure from bushfire can be reduced to an acceptable level.

• To specify location, design and construction measures for a single dwelling that reduces the

bushfire risk to life and property to an acceptable level.

This Clause applies to an application under Clause 44.05.


The Bushfire Management Statement prepared by Nature Advisory demonstrates that the bushfire

protection measures which are incorporated into the Bushfire Management Plan comply with all of

the approved measures of Clause 53.02 and will ensure that the risk to life and property from

bushfire is reduced to an acceptable level.

6. Conclusion

The use and development of the site for a winery appropriately responds to the characteristics of the

property and the surrounding environs, as well as the objectives of the State and Local Planning

Policies including the Mornington Peninsula Localised Planning Statement.

The modest scale of the cellar door provides for a viable tourist development without any impact upon

the amenity of adjoining properties or the wider area.

The proposal will provide additional employment opportunities whilst adding to the wide range of

tourist attractions to the Fingal area and wider Mornington Peninsula region.

On balance, the proposal is worthy of support and we look forward to a positive outcome in due

course.

185 Maxwell Road, Fingal

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