Special Council Meeting
19 June 2019
Happy, healthy people sharing prosperity and knowledge from living sustainably and in harmony with our rural identity, thriving villages, productive and inspiring landscapes.
Leaders in delivering quality, innovative and community focused services today that make a difference for tomorrow.
Accessible, responsive (we’re here to help), can do attitude, communicative, empathetic.
Equitable, honest, ethical, transparent.
Listening, compassionate, open minded, understanding, patient.
Caring, enthusiastic, inspiring, accountable.
Creative, bold, challenging, flexible.
Partnering, building productive relationships, inclusive.
1. Opening and Recognition of Traditional Custodians
I would like to acknowledge the Traditional Owners of the land on which we are meeting, the Gunaikurnai People. I pay my respects to their Elders both past and present, and Elders of other communities who may be here today.
2. Reading of Affirmation and Prayer
Cr Power will read the Councillors affirmation, being, ‘We now pause to reflect upon the solemn responsibilities conferred on us by the Parliament of Victoria through the Local Government Act (1989).
We acknowledge that it is the responsibility of local government to ensure the peace, order and good governance of our Shire.
We are to be responsible and accountable to our community here in Baw Baw Shire through good governance and leadership.
Give wisdom and understanding to the members of this Baw Baw Shire Council.
In all our deliberations help each of us to listen carefully, perceive the best course of action have courage to pursue it and grace to accomplish it.
4. Councillors Declarations of Interest/Conflict of Interest
5. Community participation time – hearing of submissions pla0310/17
Development Planner &
Directorate: Planning Development
Coordinator Priority Development
Appendix: 1 attachment
For Council to form a position regarding planning permit application PLA031/17 for a multi-lot subdivision for 265 lots and associated works at 60 Korumburra Warragul Road Warragul. The application also seeks to remove a heritage building, create access onto a Road Zone Category 1 and remove native vegetation to facilitate the subdivision outcome.
The application has undergone advertising and has received a substantial number of objections in response with 94 registered on file.
1. That Council note the submissions made in relation to PLA0310/17.
2. That Council issue a Notice of Decision to Grant a Planning Permit to:
· Subdivide land in stages;
· Removal of native vegetation;
· Creation of access to a Road Zone Category 1;
· Demolish a building in a heritage overlay; and
· Associated works
The application proposes to undertake a multi-lot subdivision comprising 265 lots over 9 stages which includes removal of native vegetation, creation of access to a Road Zone Category 1 road, the removal of a heritage structure and associated works to facilitate the development outcome. The majority of the site is located within the Urban Growth Zone 1 and forms part of the Warragul Precinct Structure Plan (Warragul PSP) with a portion of the proposal outcome being delivered over land located in the General Residential Zone. Key features of the proposal include:
· A diversified masterplan outcome containing lots ranging in size from 374 – 1048m² achieving a density of 12.7 dwellings per developable hectare and is consistent with the State and Local Planning Framework and the Warragul PSP.
· Primary access to the masterplan proposal will be via a new intersection connecting to Warragul Korumburra Road with conditional consent provided by the road authority, Regional Roads Victoria – this intersection will be constructed in stage 1. Secondary access will be available to residents via Selent Drive. This connection will be constructed in Stage 4 following the delivery of approximately half of the proposed lots.
· Traffic generated by the proposal has been considered acceptable in the Traffic Impact Assessment provided in support of the proposal, notwithstanding there will be impacts to the surrounding existing traffic network that are beyond the remit of this application to resolve.
· The proposal requires the removal of native vegetation (10 scattered trees) and will in turn see a significant proportion of the Bona Vista Wetland rehabilitated and contain visitor amenity for the community to utilise (board walk, educational story boarding signage and placemaking outcomes).
· The removal of a heritage structure in poor condition (former slaughterhouse associated with abattoir use on the land) will be required to facilitate the proposal. The removal of the structure has been supported by Council’s heritage advisor subject to conditions which include the requirement for a photographic record of the structure and a storyboard outcome to be constructed at an appropriate location on the land.
· A condition of any proposed permit will require a dedicated cyclist path to be provided linking the north of the masterplan with the future District Park contained in the Warragul PSP to be located in the development to the south of the subject land to be residents of the neighbourhood thereby improving the amenity of existing and future residents.
· The proposal is consistent with State and Local Planning Policy Frameworks including the Warragul PSP, providing an increase in the diversity and supply of land within the municipality which increases housing choice for residents, is consistent with the character of the area, achieves an overall positive environmental and sustainability outcome and is in an area where residential land use is encouraged.
· The proposed masterplan layout accords with the requirements of the Warragul PSP and is considered to respond appropriately with Clause 56 – Rescode whereby the majority of the lots have appropriate solar orientation, the majority of lots front the internal road network and the layout has incorporated passive surveillance opportunities for the wetland area by locating an internal road around the boundary of the reserve.
The proposal is not considered to have any financial impact on Council unless any parties were to seek a review of Council’s decision at VCAT.
· A significant component of the Bona Vista Wetland will be rehabilitated in a master planned outcome in consultation with Council officers and WGCMA producing a net community benefit. Council currently does not have any funding committed to the rehabilitation of the wetland to undertake these works itself.
· A condition of the proposed permit will require a masterplan to be compiled for the entire Bona Vista wetland at the proponent’s cost. The proponent is responsible for the cost of the upgrade works on the portion of the wetland that is located on the subject land and Council shall be responsible for the cost of the upgrade works to occur over its land at a future time and subject to funding being committed to the project.
· The proposal will provide for planting of trees and landscaping within the future streets within the subdivision.
· Support has been given for the removal of native vegetation (10 scattered trees) on the site by DEWLP and Council’s Environment and Sustainability team subject to offsets being appropriately secured.
· A small colony of Warragul Burrowing Crayfish were detected on site through an environmental assessment and will be deemed lost to facilitate the proposal as supported by Council’s Environment and Sustainability team in lieu of the Bona Vista Wetland rehabilitation works being undertaken.
· The proposal will provide a residential development outcome that infills a large tract of land (currently farmed) adjacent to an existing residential settlement in the Bona Vista area of Warragul.
· The outcome will provide for housing growth across containing diversified product and lot sizes to address significant market demand that will suit a variety of purchasers.
· The existing traffic network in the vicinity of the development will experience an increase in traffic volumes.
· A new intersection connecting onto Warragul Korumburra Road will be delivered as part of the proposal providing the community with new infrastructure and an alternate option to access this main road.
· The existing settlement will benefit from direct cycling and pedestrian linkages connecting the proposed future PSP District Park to the south of development site with existing amenity to the north east of the site.
· The planning permit application was advertised in accordance with the
Planning and Environment Act 1987.
· The application was referred under Section 55 of the Planning and Environment Act 1987 to APA, Ausnet Electricity Services, Gippsland Water, DEWLP, VicRoads, CFA and Public Transport for Victoria who have not objected to the proposal subject to permit conditions.
· A significant number of objections were received raising concerns regarding the proposal with 94 formally registered. Matters of concern raised by objectors considered to have planning merit have been grouped into the following key areas:
o Density and lot sizes.
o Traffic impacts – local and broader network.
o Selent Drive – construction impacts and proposed staging.
o Public Open Space - lack thereof.
o Pedestrian and cyclist amenity – internal and external to the development.
o Environment and sustainability – negative impacts.
o Fencing – boundary interfacing with existing residents.
Legal/Council Plan/Policy Impact
This proposal assists with the achievement of the following key strategic objectives considered directly relevant as set out in the Council Plan 2017-2021:
Strategic Objective 1: Vibrant Communities
1.1 Managing Baw Baw’s growth and development.
1.2 Quality community focused services, facilities and infrastructure to support a growing community.
Strategic Objective 3: Safe and Sustainable Environments
3.1 Protecting and sustainably managing Baw Baw’s environment.
3.2 Efficient roads, transport and parking.
3.3 Community safety and protection.
3.4 Preparing for the impacts and consequences of climate change and extreme events.
CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES
This planning permit application will be considered under the Charter of
Human Rights and Responsibilities. Amendments will be recommended to
ensure compatibility if required.
The planning permit application was assessed and processed in accordance with the Planning and Environment Act 1987.
CONFLICT OF INTEREST DECLARATION
No officer involved in the preparation of this report has a disclosable interest.