NOTICE OF AN APPLICATION FOR PLANNING PERMIT · notice of an application for planning permit the...

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NOTICE OF AN APPLICATION FOR PLANNING PERMIT THE LAND AFFECTED BY THE APPLICATION IS LOCATED AT: Lot 1 Tully Road, CLARINDA VIC 3169 THE APPLICATION IS FOR A PERMIT FOR: Use of the land for a Plant Nursery THE APPLICATION REFERENCE NUMBER IS: KP-2017/572 THE APPLICANT FOR THE PERMIT IS: DD Planning YOU MAY LOOK AT THE APPLICATION AND ANY DOCUMENTS THAT SUPPORT THE APPLICATION AT THE OFFICE OF THE RESPONSIBLE AUTHORITY: This can be done during office hours and is free of charge City of Kingston Municipal Offices Cheltenham Office: 1230 Nepean Highway, Cheltenham 3192 During office hours 8.30am - 5pm OR www.kingston.vic.gov.au/link/planning Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority. An objection must : be made to the Responsible Authority in writing, include the reasons for the objection, and state how the objector would be affected. The responsible authority must make a copy of every objection available at its office for any person to inspect during office hours free of charge until the end of the period during which an application may be made for review of a decision on the application. THE RESPONSIBLE AUTHORITY WILL NOT DECIDE ON THE APPLICATION BEFORE: 25-Apr-2019 If you object, the Responsible Authority will tell you of its decision. Privacy Notification: The personal information provided in a submission/objection is collected for planning purposes in accordance with the Planning & Environment Act 1987 (the Act). The public may view an objection or submission in accordance with Section 57 of the Act whilst the planning application is current. In accordance with the “Improving Access to Planning Documents” Practice Note dated December, 1999, a copy of your submission will be made available on request. If you fail to provide contact details your objection may not be considered. For information regarding access to Planning documents please contact Council’s Planning Department on 1300 653 356.

Transcript of NOTICE OF AN APPLICATION FOR PLANNING PERMIT · notice of an application for planning permit the...

Page 1: NOTICE OF AN APPLICATION FOR PLANNING PERMIT · notice of an application for planning permit the land affected by the application is located at: lot 1 tully road, clarinda vic 3169

NOTICE OF AN APPLICATION FOR PLANNING PERMIT

THE LAND AFFECTED BY THE APPLICATION IS LOCATED AT:

Lot 1 Tully Road, CLARINDA VIC 3169

THE APPLICATION IS FOR A PERMIT FOR:

Use of the land for a Plant Nursery

THE APPLICATION REFERENCE NUMBER IS:

KP-2017/572

THE APPLICANT FOR THE PERMIT IS:

DD Planning

YOU MAY LOOK AT THE APPLICATION AND ANY

DOCUMENTS THAT SUPPORT THE APPLICATION AT THE OFFICE OF THE RESPONSIBLE AUTHORITY:

This can be done during office hours

and is free of charge

City of Kingston Municipal Offices Cheltenham Office: 1230 Nepean Highway,

Cheltenham 3192 During office hours 8.30am - 5pm

OR

www.kingston.vic.gov.au/link/planning

Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority. An objection must : be made to the Responsible Authority in writing,

include the reasons for the objection, and state how the objector would be affected.

The responsible authority must make a copy of every objection available at its office for any person to inspect during office hours free of charge until the end of the period during which an application may be made for review of a decision on the application.

THE RESPONSIBLE AUTHORITY WILL NOT DECIDE ON THE

APPLICATION BEFORE:

25-Apr-2019

If you object, the Responsible Authority will tell you of its decision. Privacy Notification: The personal information provided in a submission/objection is collected for planning purposes in accordance with the Planning & Environment Act 1987 (the Act). The public may view an objection or submission in accordance with Section 57 of the Act whilst the planning application is current. In accordance with the “Improving Access to Planning Documents” Practice Note dated December, 1999, a copy of your submission will be made available on request. If you fail to provide contact details your objection may not be considered. For information regarding access to Planning documents please contact Council’s Planning Department on 1300 653 356.

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C i t y ofKINGSTON

Planning EnquiriesPhone: (03) 9581 4131Web: www.kinuston.vic.aov.auEmail: infokinciston.vic.uov.au

Office Use Only − Application No: Date Lodged: I I

;Application for. ,p3onwmaPlanning Permit a 2 S' JUL iftIY

, • 0000000000l i r Privacy notice − any material submitted with this application, including plans and

personal information, will be made available for public viewing, includingelectronically, and copies may be made for interested parties for the purpose ofenabling consideration and review as part of the planning process under thePlanning and Environment Act 1987. If you have any concerns please contactCouncil's Planning Department on 9581 4131.

C r Need Help? − If you need help to complete this form, read: How to complete theapplication for planning permit form available at www.kinctston.vic.qov.au/planning

ar' Questions Marked With an asterisk (*) are mandatory and must be completed

1. Pre−application meeting

Has there been a −

council planning officer?pre−application meeting with a r i No1

Yes

If 'yes', with whom? •.c.1 cap

D a t e : / . 7−, 1−7 • dcVmrn/yyyy

2. The Land *

Address of the land. Complete the street address and one of the formal land descriptions.

Street Address *

Formal LandDescription *

Unit No.: St No.: I St Name: 1−f−{ I re,e−

Suburb: drtncA−.c

Lot No.: 1,

Postcode:.1

:111 Lodged Plan. Title Plan Plan of Subdivision

Complete either A or B. /OR

This information can befound on the certificate oftitle

Crown Allotment No.:

No.:

Section No.:

Parish/Township Name:

Application for a Planning Permit Page 1 of 5

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3. Description of Land *

Describe how the land isused and developmentnow

e.g. vacant, single'dwelling, three dwellings,shop, factory, medicalcentre, with twopractitioners, licensed.restaurant with 80 seats.

Nur; e_v er 1 Q c f r prod cirLs

Plan of the Land *

Attach a plan of the existing conditions. Photos are also helpful.

5. The Proposal *

You must give full details of your proposal and attach the information required to assess the application. Lack ofdetail, insufficient or unclear information will delay your application.

For what use,development or othermatter do you require apermit?

If you need help about theproposal, read: How tocomplete the applicationfor planning permit form.

,se−1110, pc i r se ) s c i f r i t e recy1etk5r1,110−1 w00d2−

s i s at ex.( s r'Ocer r i q L / C I GO

Additional Information

Attach additional information providing details of the proposal, including:

T] Any information required by the planning scheme, requested byCouncil or outlined in a council planning permit checklist.

n− Plans and elevations showing the layout and details of the proposal NoteContact council or refer

If required, a description of the likely effect of the proposal to council planning(e.g. traffic, noise, environmental impacts). permit checklists for

more information aboutcouncil's requirements

Application for a Planning Permit Page 2 o f 5

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7 . T i t l e I n f o r m a t i o n *

Attach a full, current copy of title information, not older than 90 days, for eachindividual parcel of land, forming the subject site.

Encumbrances ontitle?

Encumbrances areidentified on thecertificate of title..

i s the land affected by an encumbrance such as a restrictive covenant,section 173 agreement or other obligation such as an easement orbuilding envelope?

No, go to Question 8.

Yes, Attach a copy of the document (instrument) specifyingthe details of the encumbrance.

L. Does the proposal breach, in any way, the encumbrance on title?E l

No, go to Question 8.

FlYes, contact council for advice on how to proceed beforecontinuing with this application.

I Lots

Council must not grant a 'permit that authorises anything that would result in abreath of a registered restrictive covenant (sections 61(4) and 62 of the'Planning and Environment Act 1987). Contact Council and/or anappropriately qualified person for advice.

8 . C o s t s o f B u i l d i n g s a n d W o r k s / p e r m i t f e e *

All applications require a fee to be paid. Where development is proposed, the value of the developmentaffects the fee. Contact Council to determine the appropriate fee.

Estimate cost ofdevelopment for whichthe permit is required? *

Is a MetropolitanPlanning Levy (MPL)certificate required? *

Cost $

Write 'Nil' if no development is proposed(eg. Change of use, subdivision,removal of covenant, liquor licence)

lAiNote

You may be requiredto verify this estimate

Is the estimated cost o f the development greater than $1 million?

No, go to Question 9.

D Yes, /Attacha valid copy of the MPL Certificate

NoteIf a MPL is applicable, a planning application must be accompanied by theMPL certificate. This is a requirement of section 3 of the Planning andEnvironment Act 1987. For more information on the MPL visitwww.sro.vic.clov.au

Application for a Planning Permit Page 3 o f 5

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11. Information checklist

Have you: HFilled in the form completely?

nIncluded the application fee? (Contact council to determine theappropnate fee).

IProvided all necessary supporting information anddocuments?

FiProvided a copy of full title, no older than 3 months, for each'individual parcel of land forming the subject site?

El. Provided a plan of existing site conditions?

1111 Included plans showing the layout and details of the proposal?

Pnpv' ided all information reqUired by.theplanning scheme,requested by Council or outlined in a council planning permitchecklist?

[7 Where reqdred, provkied a description of the likely effect of −the propoial (e.g. traffic, noise, environmental impacts)?

1111 • If applicable, included a current MPL Certificate. Note: a levycertificate expires 90 days after the day on which it is issuedby the State Revenue Office. Once expired, the certificatebecomes invalid and cannot be used. Failure to comply means`the application is void.

111 Completed Kingston's relevant Council Planning Permit'Checklist?

nSigned the Declaration (section 10 of this form)?

12. Lodgement

Lodge the completed andsigned form, the feepayment and alldocuments with:

By PostCity DevelopmentKingston City CouncilPC) Box1000, Mentone, VIC 3194

In PersonLevel 1, 1230 Nepean Highway, Cheltenham VIC 3194.

ContaCt Information/T (03) 9581 4131

..,,E infokinciston.vic.dov.au

Application for a Planning Permit Page 5 o f 5

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OMA

Copyright State of Victoria. This pubi c tion is copyright. No part may be reproduced by any process except in accordance with the provisions of the CopyrightAct 1968 (Cth) and for the purposes Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the timeand in the form obtained from the LA I A T A REDO TM System. The State of Victoria accepts no responsibility for any subsequent release, publication orreproduction of the information.

R E G I S T E R SEARCH TATEMENT ( T i t l e S e a r c h ) T r a n s f e r o f Page l o t 1

L a n d A c t 1958VOLUME 0 7 6 3 9 F O L I O 3 6 S e c u r i t y n o : 124067237142D

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LAND DESCRIPTIO

L o t 1 o n P l a n o f S u ' v i s i o n 022847.P A R E N T T I T L E V o l u m e 0 6 7 0 1 F o l i o 098C r e a t e d b y i n s t r u m e t 1 9 9 4 2 9 9 26/03/1946

R E G I S T E R E D PROP

E s t a t e F e e SimpleS o l e Proprietor

WALTER BERTRAMB 3 3 2 9 8 3 12/12/1

ENCUMBRANCES, C

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N N I S o f 1 9 2 NORTH ROAD OAKLEIGH61

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c r e a t e d b y S e c t i o n 9 8 T r a n s f e r o f L a n d A c t 1 9 5 8 o r Sectiont 1 9 8 8 a n d a n y o t h e r e n c u m b r a n c e s s h o w n o r e n t e r e d o n theh o s e t o u t u n d e r DIAGRAM L O C A T I O N below.

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L Y ROAD C L A R I N D A V I C 3169

Title 7639/036 Page1d1

Page 8: NOTICE OF AN APPLICATION FOR PLANNING PERMIT · notice of an application for planning permit the land affected by the application is located at: lot 1 tully road, clarinda vic 3169

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visions of the Copyright Act and for the purposes of Section 32 of the Saleant to a written agreement. The information is only valid at the time and inLANDATA® System. The State of Victoria accepts no responsibility for

ublication or reproduction of the information.

this cover sheet is removed or altered.

Page 9: NOTICE OF AN APPLICATION FOR PLANNING PERMIT · notice of an application for planning permit the land affected by the application is located at: lot 1 tully road, clarinda vic 3169

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Page 10: NOTICE OF AN APPLICATION FOR PLANNING PERMIT · notice of an application for planning permit the land affected by the application is located at: lot 1 tully road, clarinda vic 3169

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Page 14: NOTICE OF AN APPLICATION FOR PLANNING PERMIT · notice of an application for planning permit the land affected by the application is located at: lot 1 tully road, clarinda vic 3169

town planning submission to the kingston city council 1 tully road, clarinda the use and development of a plant nursery prepared for modarc february 2019

po box 155 malvern vic 3144 [email protected]

t 03 9509 4680 m 0401 298 255

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1 Tully Road, Clarinda 2

table of contents introduction ............................................................................................................................. 3

the site and surrounds ............................................................................................................. 4

the proposal ............................................................................................................................ 7

planning scheme provisions .................................................................................................... 9

planning analysis ................................................................................................................... 14

conclusion .............................................................................................................................. 18

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1 Tully Road, Clarinda 3

introduction

This submission has been prepared on behalf of Modarc and in support of an application to use and develop a plant nursery at 1 Tully Road, Clarinda (the subject land). Specifically, this submission responds to Council’s request for further information and the subsequent meeting with Council officers. Council’s letter of further information requested a number of matters that are addressed as follows: 1. This town planning submission responds to the requests made in Point 1 of Council’s

letter in detailing the site and surrounds, the details of the proposal, and in providing a response to the planning framework as relevant to this application.

2. The revised plans provide greater detail on the car parking location and layout, noting

the parking layout, dimensions and proportions well exceed the provisions of Clause 52.06 of the Kingston Planning Scheme. It is noted Council officers were satisfied that this additional detailed avoided the need to submit the requested traffic report.

A traffic submission has been prepared by EB Traffic Solutions that includes swept path diagrams for vehicles, vehicles with trailers, and small trucks that may access the site.

3. A revised site plan has been prepared detailing the areas for the growing and selling of

plants, along with the full dimensions of the car parking. This submission demonstrates that the proposed plant nursery achieves a high level of compliance with the purpose and decision guidelines of the Green Wedge A Zone, and that the land use has the potential to significantly improve what is at present a derelict and poorly presented parcel of land. We look forward to working with Council officers in delivering this land use.

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1 Tully Road, Clarinda 4

the site and surrounds the site The site is a substantial land holding on the northern side of Tully Road and approximately 200m west of Clayton Road. This irregular shaped allotment has an approximate 125m wide frontage to Tully Road and a combined area of some 10,696 square metres. The contextual location of the site is shown in figure 1. This cadastral plan highlights the varied layout pattern between the northern and southern sides of Tully Road.

Figure 1 – Cadastral Plan (DELWP) The subject land is a large open parcel of land (photograph 1). There is an existing dwelling and large shed located close to the Tully Road frontage (photographs 2 and 3). The site is open and does not comprise any vegetation of significance (photograph 4).

Photograph 1 – View of Entrance to the Site Photograph 2 – View of Existing Dwelling

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1 Tully Road, Clarinda 5

Photograph 3 – View to Car Parking Photograph 4 – View from Rear Boundary to Frontage An open cyclone wire fence extends along the full frontage of the site and allows views to the site which makes little visual contribution to the character of the area. Figure 2 shows that the site is poorly maintained and makes little environmental contribution to the area.

Figure 2 – Aerial Photograph of Site and Surrounds (Source: Nearmap 22 March 2018)

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1 Tully Road, Clarinda 6

the surrounds The aerial image at figure 2 on the previous page shows that the site forms part of an unusual context. Located west of the site is a large parcel of land that is also in the Green Wedge A Zone. This is a large and vacant parcel of land with some perimeter planting (photograph 5). Located north of the site are standard residential allotments (right of photograph 6), a plant nursery abuts the site to the south (photograph 7), and a dwelling abuts the site to the east (photograph 8).

Photograph 5 – Interface to the West Photograph 6 – Interface to the North (across road)

Photograph 7 – Interface to the South Photograph 8 – Interface to the East

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1 Tully Road, Clarinda 7

the proposal

It is proposed to use and develop the subject land as a plant nursery. The breakdown of the use is listed as follows: § Sales occur in the existing building as denoted by the orange circle. § Plant germination and growing occurs in fenced areas (cyclone wire fence with shade

cloth over) as denoted by the red circles. § Potted plant sales and general tree/plant sales occur in a central open area as denoted

by the green circle. § Two free mulch areas are provided as denoted by the yellow circle.

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1 Tully Road, Clarinda 8

The plant nursery is accessed to the public via the existing entry point on Tully Road. The generous 7.3m wide sealed access road will lead to 10 individual car spaces that measure 2.6m x 7.4m. The car spaces are conveniently located near the sales office and the main plant sales area, and are designed to allow vehicles to safely enter and exit the site in a forward direction. Given the small size of the plant nursery, it is expected the vast majority of sales will be for domestic purposes and that individual car spaces will be sufficient to accommodate purchases. Vehicles that arrive with trailers will be directed to the open area immediately south of the ten car spaces where this ample space to park a trailer and also accommodate the turning of a trailer (and vehicle). Key features of the operation include: § Operating hours of 9am to 4pm Monday to Friday, and 10am to 3pm on Saturday.

§ A total of 4 staff on site (staff will be encouraged to park their vehicles next to the sales

office to ensure the main ten spaces are made available to the public). § A small truck will be located on site to allow for deliveries of purchases. § Public toilets are provided to the rear of the site ten car spaces (immediately south of

the equipment storage shed). § No new buildings and proposed, with sales, equipment storage and amenities to utilise

existing buildings on site. § New fencing that divides the various sections of the use will be chain wire mesh fencing

with shade cloth cover. The use of the land for the propagating and growing of plants represents the dominant land use, with some 50% of the site set aside exclusively for this purpose.

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1 Tully Road, Clarinda 9

planning scheme provisions permit triggers A permit is triggered for the following components of this application: § A permit is required to use the land as a ‘plant nursery’ in the Green Wedge A Zone .

§ A permit is required for buildings and works associated with the ‘plant nursery’ in the

Green Wedge A Zone. zoning The subject land is located within a Green Wedge A Zone. An extract of the Kingston Planning Scheme maps at figure 3 shows that this zoning applies to part of the southern side of the road, within the General Residential Zone located on the north and eastern sides of the site.

Figure 3 –Green Wedge Zone A (Source: DELWP) The purpose of Green Wedge A Zone as outlined at Clause 35.58 of the Kingston Planning Scheme is listed as follows: § “To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.

§ To provide for the use of land for agriculture. § To protect, conserve and enhance the biodiversity, natural resources, scenic landscapes

and heritage values of the area.

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1 Tully Road, Clarinda 10

§ To ensure that use and development promotes sustainable land management practices

and infrastructure provision. § To protect, conserve and enhance the cultural heritage significance and the character

of rural and scenic non-urban landscapes. § To recognise and protect the amenity of existing rural living areas”. The land use ‘plant nursery’ is a permit required, Section 2 land use in the table of uses at Clause 35.05-1. There are no conditions associated with this land use. Clause 35.05-5 says that a permit is required for buildings and works associated with a Section 2 land use. The works proposed are limited to low barriers that define the various zones of the use, along with temporary covers (tarpaulins etc). A number of detailed decision guidelines are outlined at Clause 35.05-6. The schedule to the zone is silent. environmental audit overlay The Environmental Audit Overlay applies to the Green Wedge Zone A zoned land, including the subject land as shown in figure 4.

Figure 4 – Environmental Audit Overlay (DELWP) The purpose of the Environmental Audit Overlay at Clause 45.03 is listed as follows:

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1 Tully Road, Clarinda 11

§ “To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

§ To ensure that potentially contaminated land is suitable for a use which could be significantly adversely affected by any contamination.”

Clause 45.03-1 says that an environmental audit is required before a sensitive land use commences. The land use ‘plant nursery’ does not represent a sensitive land use, and on this basis, an environment audit is not required. environmental significance overlay, schedule 4 The Environmental Significance Overlay, Schedule 4 applies to the Green Wedge Zone A zoned land, including the subject land as shown in figure 5.

Figure 5 – Environmental Significance Overlay, Schedule 4 (DELWP) The purpose of the Environmental Significance Overlay at Clause 42.01 is listed as follows § “To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.

§ To identify areas where the development of land may be affected by environmental constraints.

§ To ensure that development is compatible with identified environmental values”.

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1 Tully Road, Clarinda 12

Clause 42.01-2 states that a permit is required for buildings and works and to remove, destroy or lop any vegetation unless specifically exempted by the schedule to the zone. Section 3.0 of the Schedule says a permit is not required for fencing, out-buildings including sheds or stables with a floor area of less than 50 square metres and the removal, destruction or lopping of vegetation. As the buildings and works proposed by this application essentially relate to barriers/fencing that defines the various zones of the site, a permit is not triggered for buildings and works under this overlay. No vegetation removal is also proposed. state planning policy framework § Clause 11 is to recognise the need for protection of sensitive areas.

§ Clause 15.01 encourages urban environments that are liveable and attractive, and

the respond to their context in terms of character and landscaping. § Clause 15.01-5 seeks to protect distinctive urban forms and layout and their

relationship to landscape and vegetation. § Clause 17 promotes economic development. The plant nursery contributes to this. local planning policy framework § Clause 21.02-4 mentions that privately owned land contributes to the landscape

character and open space qualities of the municipality.

§ Clause 21.03 encourages the sustainable management of the Green Wedge. § Clause 21.05 seeks to improve the landscaping character. § Clause 21.10 deals with the ‘Green Wedge’ and seeks to:

- Support and maintain the Green Wedge areas.

- There is specific reference to protecting high quality agricultural land.

- Discouraging ad-hoc intrusion that prejudices their long term viability.

- Protect and enhance the environmental values and encourage the use of indigenous plant species in all landscaping.

- Protect the scenic and landscape values of the Green Wedge.

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1 Tully Road, Clarinda 13

§ Clause 22.18 has policy direction in relation to materials recycling facilities on land

outside the urban growth boundary. particular provisions Clause 52.06 – Car Parking There is no specific parking rate for a ‘plant nursery’. There is no car parking rate listed for ‘plant nursery’. An assessment of how the proposed car parking layout responds to the objectives of Clause 52.06 is detailed in the planning analysis section of this submission. Clause 57 – Metropolitan Green Wedge Land This clause includes six purpose points based around protecting green wedge land. Clause 57.01 – Core Planning Provisions The land use ‘plant nursery’ is not listed as a prohibited land use, noting the definition ‘retail premises’ has a specific reference to excluding ‘plant nursery’. The schedule to Clause 57.01 does not list the subject land. general provisions Clause 65 – decision guidelines This clause outlines the general decision guidelines that apply in the consideration of all applications.

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1 Tully Road, Clarinda 14

planning analysis the suitability of the land use and response to the green wedge a zone The proposed use of the land as a plant nursery is entirely consistent with the purpose of the Green Wedge A Zone. The land use has an agricultural base, contributes to the scenic landscape along with the scenic non-urban landscapes. The use responds to the decision guidelines of the Green Wedge A Zone at Clause 35.05-6 of the Kingston Planning Scheme as follows: § The use is agricultural based. The subject land at 10,696 square metres (or 2.6 acres)

is too small to realistically sustain a viable agricultural enterprise. The plant nursery is based around similar activity and contributes to the low scale character.

§ The low scale plant nursery does not present adverse impacts on surrounding land use.

There will be limited use of machinery and the positioning of the car parking centrally within the site provides a distance buffer to the closest abutting residential zoned land to the east.

§ The absence of any new buildings maintains the sense of spaciousness and openness

of the site and contributes to the rural feel of the area. § The site is presently devoid of any vegetation of significance and is poorly maintained.

§ This application allows indigenous canopy vegetation to be incorporated around the

perimeter of the site and creates the opportunity to significantly improve the conditions and visual amenity of the site.

§ No new vehicle crossovers are proposed, and the car parking arrangement is

convenient, safe and efficient. This modest plant nursery will generate a negligible increase in traffic volume, noting there is just one crossover in use along the 125m wide frontage compared to the numerous crossovers/driveways on the residential zoned land on the northern side of Tully Road.

§ Tully Road is a sealed road with kerb and channel located on both sides.

§ The plant nursery is a land use that does not fragment, or change the land and its future

use. The absence of any new buildings in particular allows the land use to be easily converted to an alternative land use in the future.

§ The proposal is consistent with the Kingston Green Wedge Plan 2012 as detailed in the

assessment on the following page.

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response to kingston green wedge plan – april 2012

Plan Directives Response Buildings that are sited and designed to maintain an overall sense of spaciousness in the landscape (p.13)

The retention of existing buildings maintains the sense of spaciousness and openness in the landscape, and draws attention to the vegetation and sense of openness.

Adequate space around buildings for existing and new vegetation and landscaping (p.13)

There is the opportunity to incorporate perimeter planting of large indigenous trees that will contribute to the character of the area.

Future Environment (p.45)

The future environment lists the site as being in an open space area. This private land holding has limited capacity to be used as public open space, however, the plant nursery land use allows the site to be made available to members of the public to enjoy. The limited reliance on buildings also supports the future use of the land for alternative open space related land uses.

Other types of agricultural activities that could be encouraged in the future include: - Expansion of existing ‘amenity

horticulture’ – wholesale and retail nurseries (subject to secure, high quality water supply)

- Greenhouse horticulture (subject to water supply also) – (p.53)

The land use ‘plant nursery’ represents a land use that is specifically encouraged. Large on site water thanks be positioned behind existing buildings to ensure adequate supply of water.

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car parking / vehicle access and traffic No car parking rate for a plant nursery is specified at Clause 52.06 of the Kingston Planning Scheme. In these circumstances, Clause 52.06-6 states that:

“Where a use of land is not specified in Table 1 or where a car parking requirement is not specified for the use in another provision of the planning scheme or in a schedule to the Parking Overlay, before a new use commences or the floor area or site area of an existing use is increased, car parking spaces must be provided to the satisfaction of the responsible authority”.

The car parking rate and general layout is a suitable response to this modest proposal for the following reasons: § The provision of ten car parking spaces is generous given the very modest size of this

plant nursery, and the small area of plants for display and sale. § The staff car parking is provided separately to these ten spaces, meaning the ten spaces

are available exclusively for customers. § Additional space for the parking of vehicles with trailers, or small trucks etc is available

as detailed in the accompanying traffic report. § There is significant kerb side parking to the front of the site (southern side of Tully Road)

for overflow parking in the very unlikely event there is a greater demand for car parking.

§ The car parking dimensions of 2.6m x 7.4m exceed the dimensions for a standard car

space specified at Clause 52.06 of the Kingston Planning Scheme (2.6m x 4.9m). § The accessway width of 7.3m exceeds the dimensions for an accessway as outlined at

Clause 52.06 of the Kingston Planning Scheme (6.4m). § The car parking arrangement is safe and efficient, and achieves full compliance with

Clause 52.06 of the Kingston Planning Scheme. § The car parking layout is also convenient for customers, noting it is well positioned

between the retail section and the sales office.

amenity impacts The land use and general operation as proposed will not impact unreasonably on the amenity of adjoining and surrounding properties for the following reasons:

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§ The land use is a passive use that does not generate excessive or unreasonable levels

of noise.

§ The plants for sale are potted plants, meaning there is no digging of the grounds etc. This is relevant when considering the land use ‘agriculture’ that could entail the use of tractors and associated machinery etc is an as of right, permit not required land use in the Green Wedge A Zone.

§ No machinery is required in the preparation and selling of the potted plants.

§ The car parking area is located centrally within the site and is well away from the closest

residential zoned land to the north and east.

§ The equipment storage shed is positioned on the western side of the site, and away from the abutting residential dwelling to the east.

§ The operating hours are reasonable and consistent with what would be expected for a

nursery that abuts a residential zoned property.

§ More than adequate car parking is proposed.

§ The traffic generation will be negligible at best.

§ No new buildings are proposed, noting the eastern half of the site is presently open and will remain as such.

§ The land use actually improves what is a derelict and poorly maintained property.

§ The site abuts the driveway and garage of the closest dwelling to the east, with these

areas providing a buffer to the actual dwelling.

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conclusion The proposed plant nursery is a Section 2 land use in the Green Wedge A Zone. The nursery is small and will generate a modest level of patronage. Car parking well in excess of the expected patronage levels is provided, and the actual car parking spaces, access lane and layout exceeds the dimensional requirements of the Kingston Planning Scheme. The absence of any new buildings maintains the openness and spaciousness of the site, and this application will improve what is presently a derelict and poorly maintained property that contributes little to the values sought in the Kingston Planning Scheme for Green Wedge A zoned land. There are no obvious amenity impacts generated by this modest land use that creates less noise than an agricultural land use which is as of right in the zone.

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4 March 2019 Evan Boloutis

EB Traffic Solutions Pty Ltd [email protected] Mr David De Giovanni [email protected] Dear Mr De Giovanni TRAFFIC ENGINEERING ASSESSMENT: 1 TULLY ROAD, CLARINDA The traffic assessment has been based upon:

• Clause 52.06 of the Kingston Planning Scheme;

• AutoTURN computer software program for the swept path assessment; and

• Layout plan of the proposed development at 1 Tully Road Clarinda, prepared by Modularc, Project 17, Dwg P1, Rev B dated June 18.

The following traffic assessment examines the ability for staff/visitors and a commercial vehicle to safely enter and exit the site in a forward manner. The layout plan used as a basis for the assessment is shown Attachment A.

1. Accessibility to/from car park Reference to Clause 52.06 (design standard 1) of the Kingston Planning Scheme states that: "if the accessway serves four or more spaces or connects to a road in a Road Zone, the accessway must be designed so that cars can exit the site in a forward direction." The swept paths of vehicles entering and exiting the on-site car spaces have been assessed with the use of the AutoTURN computer software for a B85 motor car. The swept path analysis undertaken on the layout plan is shown in Attachment B, which shows that motorists are able to safely enter the on-site spaces, manoeuvre on-site to then exit the site in a forward manner to Tully Road.

2. Accessibility for a car and trailer The ability for a car and trailer to access the site was assessed with the use of the AutoTURN computer software. The analysis, which is shown in Attachment C, indicates that a car and trailer can enter the site in a forward manner, manoeuvre between the recycled fence palings and potted plants area to then be able to exit from the site in a forward manner.

3. Accessibility for a delivery truck The ability for the largest truck to access the site was assessed with the use of the AutoTURN computer software.

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The analysis, which is shown in Attachment D, indicates that an 8.8 m long truck can enter the site in a forward manner, manoeuvre between the recycled fence palings and potted plants area to then be able to exit from the site in a forward manner.

Evan Boloutis Director EB Traffic Solutions Pty Ltd B.Eng (Civil), MEng Sc (Traffic), MBA

Copyright

The information contained in this report is confidential and intended for the use of the client specified on the front of the report.

No representation is made or is implied to be made to any third party. No part of this report may be reproduced or used without

the written permission of EB Traffic Solutions Pty Ltd. Any unauthorised use of this report will constitute an infringement of

copyright.

Disclaimer

EB Traffic Solutions Pty Ltd takes no responsibility in any way to any person or organisation, other than that for which the report

has been prepared, in respect of the information contained in this report, including any omissions or errors.

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ATTACHMENT A

CAR PARK LAYOUT

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ATTACHMENT B

SWEPT PATH ANALYSIS (B85 CAR)

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ATTACHMENT C

SWEPT PATH ANALYSIS (CAR AND TRAILER)

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ATTACHMENT D

SWEPT PATH ANALYSIS (8.8 M TRUCK)

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