MINUTES PLANNING SERVICES COMMITTEE MEETING WEDNESDAY, 27 JANUARY 2021 6.30PM COUNCIL CHAMBERS, MORNINGTON OFFICE 2 QUEEN STREET, MORNINGTON
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MINUTES
PLANNING SERVICES COMMITTEE MEETING
WEDNESDAY, 27 JANUARY 2021
6.30PM
COUNCIL CHAMBERS, MORNINGTON OFFICE
2 QUEEN STREET, MORNINGTON
Planning Services Committee 27 January 2021
Minutes
MORNINGTON PENINSULA SHIRE COUNCIL
WARDS AND COUNCILLORS
Briars Cr Steve Holland
Cr Anthony Marsh
Cr Despi O’Connor
Cerberus Cr Lisa Dixon
Nepean Cr Hugh Fraser
Cr Sarah Race
Red Hill Cr David Gill
Seawinds Cr Antonella Celi
Cr Kerri McCafferty
Cr Debra Mar
Watson Cr Paul Mercurio
SENIOR LEADERSHIP TEAM
Mr John Baker Chief Executive Officer
Ms Pauline Gordon Director – Communities
Mr Mark Brady Director – Corporate Services
Ms Jessica Wingad Interim Director – Place
Mr David Bergin Director – Planning and Building
RECORDING
Please note this Committee Meeting was livestreamed and is available on the
Shire’s website.
Mornington Peninsula Shire Council 2Planning Services Committee 27 January 2021
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TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 PROCEDURAL MATTERS ........................................................................................ 4
1.1 Apologies ............................................................................................... 4
1.2 Disclosure of Conflicts of Interest Pursuant to Sections
126 - 131 of the Local Government Act 2020 ...................................... 4
1.3 Confirmation of Minutes ....................................................................... 4
2 STRATEGIC PLANNING REPORTS......................................................................... 5
2.1 Planning for Melbourne's Green Wedges and Agricultural
Land Consultation Paper - Proposed Council Response .................. 5
3 PLANNING SCHEME AMENDMENT REPORTS.................................................... 11
3.1 Planning Scheme Amendment C279morn - Planning
Policy Framework Translation ........................................................... 11
4 STATUTORY PLANNING REPORTS ..................................................................... 17
4.1 Planning Application P20/1886 - Shop 4-6, 20 Victoria
Street, Hastings - Use of Land for the Sale of Packaged
Liquor (Bottleshop) ............................................................................. 17
5 NOTICES OF MOTION ............................................................................................ 28
5.1 Notice of Motion 275 (Cr Gill) ............................................................. 28
5.2 Notice of Motion 276 (Cr Gill) ............................................................. 31
6 URGENT BUSINESS ............................................................................................... 32
7 CONFIDENTIAL ITEMS ........................................................................................... 33
8 MEETING CLOSE .................................................................................................... 34
Mornington Peninsula Shire Council 3Planning Services Committee 27 January 2021
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1 PROCEDURAL MATTERS
Meeting opened at – 6.38pm
Appointed Chairperson – Cr Holland
Present
Cr Steve Holland (Chairperson)
Cr Antonella Celi
Cr Lisa Dixon
Cr David Gill
Cr Debra Mar
Cr Anthony Marsh
Cr Kerri McCafferty
Cr Paul Mercurio
Cr Despi O'Connor
Cr Sarah Race
1.1 Apologies
Cr Hugh Fraser
1.2 Disclosure of Conflicts of Interest Pursuant to Sections 126 - 131 of the Local
Government Act 2020
Nil.
1.3 Confirmation of Minutes
RECOMMENDATION
That the Minutes of the previous Planning Services Committee Meeting held on 14
December 2020, be confirmed.
COMMITTEE DECISION
Moved: Cr Celi
Seconded: Cr Marsh
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 4Planning Services Committee 27 January 2021
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2 STRATEGIC PLANNING REPORTS
2.1 Planning for Melbourne's Green Wedges and Agricultural Land Consultation
Paper - Proposed Council Response
Prepared By Allan Cowley, Manager – Strategic Projects
Authorised By Director - Planning and Building
Document ID A10160625
Attachment(s) 1. Planning for Melbourne's Green Wedges and Agricultural
Land Consultation Paper - Recommended Submission
PURPOSE
PLAN MELBOURNE, the Melbourne metropolitan planning strategy released by the State
Government in 2017, included a commitment to increase the protection of Green Wedge and
peri-urban areas.
Since the introduction of PLAN MELBOURNE, the State Government’s Department of
Environment, Land, Water and Planning (DELWP) has engaged in a number of important
projects to support this commitment, including an investigation of strategic agricultural
land/land capability assessment, a review of the Green Wedge Zone provisions and the
preparation of new draft landscape protection guidelines.
These projects have now been combined, with DELWP releasing a consultation paper on
Planning for Melbourne’s Green Wedge and Agricultural Land (GWAL) – May 2020. The
study area for the paper extends beyond the Green Wedge areas to also include peri-urban
areas within 100 kilometres of Melbourne. The paper was placed on public exhibition on 26
November 2020 and DELWP has conducted three online information sessions. The period
for submissions is due to close on 5 February 2021. The community can view the
consultation paper via https://engage.vic.gov.au/gwal.
The purpose of this report is to outline the major issues and options raised in the consultation
paper and to provide a detailed response for consideration by Council as set out in
Attachment 1.
BACKGROUND
The GWAL consultation paper provides background in relation to a range of existing planning
issues, policies and planning scheme provisions and the continuing pressures on the Green
Wedge and peri-urban areas.
These pressures are both ‘external’, in terms continuing pressure for urban expansion, and
‘internal’, with various forms of use and development potentially changing the role, function
and character of Green Wedge and peri-urban areas from within. The conversion of
agricultural land to ‘rural living’, that is, land primarily occupied for residential use in a rural
environment but without any significant engagement in agriculture, is cited as a prime
example.
It is important to note that a primary focus of the consultation paper is on protecting land for
agricultural use (and to some extent on improving the design of development) and therefore
other issues of importance to the Mornington Peninsula Green Wedge, such as protecting
biodiversity, responding to climate change and providing an appropriate framework for
recreation and tourism are not addressed in any great a level of detail.
Mornington Peninsula Shire Council 5Planning Services Committee 27 January 2021
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2.1 (Cont.)
Given this ‘limitation’ one of the key messages included in the proposed Council response to
the consultation paper is to ensure that the Green Wedge Management Plan (GWMP) for
each Green Wedge area is given status as the key planning policy for that particular area –
ensuring that all of the issues/values in that area are considered in an integrated/holistic way
and avoiding a ‘one size fits all’ approach to planning for the diverse Green Wedge areas.
A further limitation in preparing the response to the consultation paper has been the delays in
the public exhibition process and the subsequent release of the paper immediately following
the Council election and effectively running into the Christmas/ New Year period.
While the delays were arguably inevitable due to the COVID-19 restrictions (although on line
consultation has been provided in other projects), the position expressed by DELWP that
there can be no general extension of the deadline for submissions does severely restrict the
ability of Council to consult with the community and stakeholder groups - and for groups and
individuals to have access to Council’s views on the matters contained in the consultation
paper, which may inform their own submissions.
Given the increasing emphasis on community consultation and engagement expressed, for
example, in the Local Government Act 2020, this restriction appears contrary to both State
Government policy directions and Council’s own Council Plan mission and values.
Accordingly, it is considered appropriate to formally request the Minister to extend the public
exhibition period through until at least the end of February to provide some opportunity for
the community to have access to and consider Council’s submission before the end of the
exhibition period.
The consultation paper itself is divided into four main sections, outlining potential areas for
improvement with the overarching aim of increasing the consistency, clarity and
effectiveness of planning for Green Wedge and peri-urban areas. The sections are as
follows:
3.1 Strengthening the legislative and policy framework.
3.2 Supporting agricultural land use – including new decision guidelines for dwellings and
revised provisions in relation to farm gate/primary produce sales.
3.3 Managing use of Green Wedge and peri-urban land - including the possible exclusion
of residential caravan parks and proposals to direct uses serving urban populations
(such as schools, places of worship and infrastructure) to be located in ‘transitional
areas’, adjacent to the Urban Growth Boundary.
3.4 Improving the design of development in Green Wedges.
The options outlined in the consultation paper and a proposed response/comments are set
out in Attachment 1. The level of detail in the proposed response reflects the structure of the
exhibition material, which invites comment on each of the 50-plus options. In addition, this
kind of review by the State Government occurs only infrequently and it is important to use the
opportunity to raise issues and advocate for changes that will assist proper planning and
management of the Mornington Peninsula Green Wedge.
It is proposed that Council’s key submissions would include:
Changes to the Legislative and Policy Framework
• Strong support for amendments to the Planning and Environment Act 1987 to reinforce
the non-urban purpose and character of Green Wedge and peri-urban areas. This
would be comparable to the existing provisions for Distinctive Areas and Landscapes,
Mornington Peninsula Shire Council 6Planning Services Committee 27 January 2021
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2.1 (Cont.)
which include a requirement for the Minister to produce a Statement of Planning Policy
for designated areas.
• Support for the principle of including additional policy directions to highlight the
importance of agriculture in the Green Wedge, provided:
A. This reflects the different conditions which exist in different areas, that is, is
framed in terms of support for sustainable and restorative agriculture.
B. Is not seen in isolation, but as part of a holistic policy framework which prioritises
the health of natural systems, protection of landscape quality and maintaining the
productive capacity of the land.
C. Existing GWMPs are given interim status as reference documents in State and
regional policies pending review and completion of new Plans.
• support for the introduction of new requirements for the preparation of GWMPs (by
councils) and associated guidelines, provided:
A. Sufficient resources and support are provided.
B. That GWMPs are given status as State or regional policies, once they are
approved by the Minister.
• urge caution in relation to right to farm and agent of change legislation - the framing of
such provisions needs to be carefully considered and non-legislative measures may be
preferable.
Supporting agricultural land use
• Strong support for the current rural subdivision controls, including the need to prevent
fragmentation of land through re-subdivision proposals. There is a need to further
address the issue of existing multi-title landholdings, potentially through tenement
provisions which include a “sunset period” for dwelling applications.
• Support the protection of all agricultural land, not only land of ‘strategic importance’,
while recognising that land with particularly productive soils should be recognised and
that this factor should be given weight in planning decisions.
• Strong support for the introduction of policy and decision guidelines regarding dwellings
in the Green Wedge, based on the draft policy included in the Mornington Peninsula
GWMP 2019 (MP GWMP). The MP GWMP requires a Land Management Plan (LMP),
based on agricultural use or biodiversity/conservation, to be approved as part of any
application. The LMP requirements should be reinforced by requiring a section 173
agreement or comparable legal mechanism to ensure all future owners are aware of
the obligations under the approved LMP.
• Support for the proposed agricultural advisory service and provisions which recognise
the importance of highly productive soils and areas with access to secure water supply.
• Support the provision of additional Practice Notes to guide decision making in relation
to discretionary uses in the Green Wedge, but emphasise the critical need to review
the current ‘in conjunction with’ provisions and associated matters regarding the
consideration of non-defined (innominate) land uses and the appropriate limits to
‘ancillary’ use.
Mornington Peninsula Shire Council 7Planning Services Committee 27 January 2021
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2.1 (Cont.)
• Strongly advocate the need for the State Government to prepare a more
comprehensive policy in relation to tourism-based uses within Green Wedge areas.
• Provisional support for review of provisions relating to primary produce sales – subject
to an enforceable framework which ensures only produce grown on the Mornington
Peninsula is sold and produce not grown on the property represents only a minor
aspect of the use. It is considered that a planning permit should be required for the sale
of produce not grown on the property to better ensure adequate control. Due to the
wide range of views on this issue further consultation is particularly important prior to
the framing of any amendments to the planning scheme.
• Do not support changes to include ‘Host Farms’ as uses which do not require planning
approval and which may result in limited management of short-term accommodation
uses.
Managing the urban rural interface
• Strong opposition to the options relating to the creation of ‘transitional areas’ as
locations for the establishment of ‘urban support’ uses (schools, places of worship etc.)
within the Green Wedge. While this may be one approach (that could be included in a
GWMP), it would represent a major threat to the stability of the Urban Growth
Boundary on the Mornington Peninsula and would be likely to result in speculation and
land banking.
Managing use of Green Wedge and peri-urban land
• Strongly support option to exclude residential caravan parks from the Green Wedge,
complemented by additional site area and development density provisions.
• Oppose the inclusion of data centres, which lack any necessary connection with the
non-urban purpose and character of the Green Wedge as a discretionary use.
• Highlight the need to address a number of other uses including winery, tourism-based
uses and rural worker accommodation.
Improving the design of development in Green Wedges
• Strong support for additional policies to support the protection of Green Wedge
landscapes. Provisional support for the proposed use of Landscape typologies and
standard guidelines, however, additional/alternative methods should be further
considered, including changes necessary to effectively manage specific issues – such
as the loss of public view-lines through inappropriate planting.
• Support the proposed amendment to the Green Wedge Zone which would enable
specification of required setbacks, maximum site coverage and building heights.
Mandatory height limits for dwellings may put some downward pressure on very tall
bulky buildings which are very difficult to integrate into the landscape and are usually
very obtrusive. In this regard a marginally larger building footprint is often preferable to
greater height in terms of landscape impact.
Other issues
• Although not addressed in the consultation paper, there is a critical need to review the
enforcement provisions in the Act to support the credibility of any efforts to increase
protection of Green Wedge areas.
Mornington Peninsula Shire Council 8Planning Services Committee 27 January 2021
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2.1 (Cont.)
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
CONCLUSION
The Consultation Paper provides a good overview of many issues facing Green Wedge
areas and provides an opportunity to advocate for a significant number of the policy positions
identified in Council’s GWMP.
It also responds positively to Council’s earlier submissions in relation to Strategic Agricultural
Land by recognising that all rural land in the Green Wedge interface and peri-urban areas of
metro Melbourne should be considered to be of strategic importance as part of Melbourne’s
food bowl.
While some of the options outlined in the consultation paper, particularly in relation to
‘transitional areas’, raise concerns and there are other issues that also need to be
addressed, it is considered that the consultation paper provides a strong basis for
constructive engagement with DELWP, the community and other agencies going forward.
The proposed submissions on behalf of Council should support this process and ensure that
key issues of importance to the planning and management of the Mornington Peninsula
Green Wedge are given appropriate consideration.
RECOMMENDATION
That the Planning Services Committee:
1. Makes a submission in response to the Planning for Melbourne's Green Wedges and
Agricultural Land Consultation Paper as set out in Attachment 1.
2. Advises the Minister for Planning that Council is concerned that the timing of the public
exhibition period has curtailed the opportunity for reasonable consultation with the
community and requests that the exhibition period be extended until at least the end of
February 2021 to enable the community to have access to Council’s response to the
consultation paper prior to the deadline for submissions.
COMMITTEE DECISION
Moved: Cr Gill
Seconded: Cr Celi
That the Planning Services Committee:
1. Makes a submission in response to the Planning for Melbourne's Green Wedges
and Agricultural Land Consultation Paper as set out in Attachment 1.
2. Advises the Minister for Planning that Council is concerned that the timing of the
public exhibition period has curtailed the opportunity for reasonable
consultation with the community and requests that the exhibition period be
extended until at least the end of February 2021 to enable the community to have
access to Council’s response to the consultation paper prior to the deadline for
submissions.
Mornington Peninsula Shire Council 9Planning Services Committee 27 January 2021
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2.1 (Cont.)
Part B
1. That extensive publicity be given to the key points itemised in this response to
the Green Wedges and Agricultural Land Governments Consultation Paper
including using PenWide, social media and newspapers.
2. That a poll be devised asking if the public agree with Council’s response.
Carried Unanimously
Mornington Peninsula Shire Council 10Planning Services Committee 27 January 2021
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3 PLANNING SCHEME AMENDMENT REPORTS
3.1 Planning Scheme Amendment C279morn - Planning Policy Framework
Translation
Prepared By Martin Chin, Senior Strategic Planner
Authorised By Director - Planning and Building
Document ID A10136691
Attachment(s) 1. Source Clauses - Municipal Strategic Statement
2. Source Clauses - Local Planning Policies
3. Destination Clauses - Municipal Planning Strategy
4. Destination Clauses - Planning Policy Framework
5. Destination Clauses - Overlays, Particular Provisions,
Operational Provisions
6. Heritage Design Guidelines - Sorrento Historic Precinct
7. Summary of Key Changes (December 2020)
8. The National Golf Course and Cape Schanck Resort
Development, November 2020 (track changes)
9. Schedule to Clause 45.12 Specific Controls Overlay
(track changes)
PURPOSE
The purpose of this report is to outline the proposed amendments to the Mornington
Peninsula Planning Scheme (Planning Scheme) associated with the Planning Policy
Framework translation project and to recommend that the Planning Services Committee (the
Committee) requests the Minister for Planning (the Minister) to prepare a planning scheme
amendment to implement the Planning Policy Framework translation pursuant to section
20(4) of the Planning and Environment Act 1987 (the Act).
BACKGROUND
Planning Scheme Amendment VC148
On 31 July 2018, the Minister gazetted a planning scheme amendment which affects the
Victoria Planning Provisions (VPP) by replacing the State Planning Policy Framework
(SPPF) with the Planning Policy Framework (PPF). The amendment, referred to as VC148,
affects all planning schemes in Victoria and makes way for the Local Planning Policy
Framework (LPPF) to be incorporated into the PPF to produce an integrated policy
framework.
As an initiative of the Smart Planning program (the Program) launched by the Department of
Environment, Land, Water and Planning (DELWP), the key aims of VC148 are to:
• strengthen planning policy
• better align and integrate state and local planning policy
• make policy easier to navigate and use
• ensure that policy is consistent and concise
• simplify the review and update of policy.
Mornington Peninsula Shire Council 11Planning Services Committee 27 January 2021
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3.1 (Cont.)
Since the gazettal of VC148, Mornington Peninsula Shire (Shire) officers have been working
with the Smart Planning program team, to translate the Mornington Peninsula Planning
Scheme LPPF content. Tract Consultants are the planning consultant assisting DELWP on
the translation, working across the State with at least 25 councils to date.
DISCUSSION
Translation process
The PPF translation project is essentially about translating the LPPF content in the Planning
Scheme into the new Municipal Planning Strategy (MPS) and PPF as required by the State
Government. The process of translating content in the LPPF, which comprises the Municipal
Strategic Statement (MSS) and Local Planning Policies (LPP), is not simply about moving
existing content into the PPF or replacing ‘like for like’. That is, an existing MSS will not be
directly translated into the MPS and LPP may not be able to be directly translated into the
PPF.
Some existing content in the MSS goes beyond providing overarching strategic directions by
including objectives and strategies that guide the exercise of discretion on a permit
application. This type of MSS content would more suitably be included in the PPF. However,
there may be content in the LPP that is more strategic in nature and belongs in the MPS.
Also, content from any part of the LPPF may also be better placed in a schedule to a zone,
overlay, particular provision or operational provision. Ultimately, the main aim of translating
content in the LPPF is to identify and carry forward all the relevant and necessary content
into the MPS and PPF. The figure below outlines the translation process.
The translation process needs to:
• review existing LPPF content in keeping with the:
o recent reforms to the VPP and planning schemes
o latest Ministerial Direction – the Form and Content of Planning Schemes
o ‘planning scheme rules’ (refer to Appendix A in Attachment 7) set out in the State
Government’s publication, A Practitioner’s Guide to Victorian Planning Schemes,
Version 1.3 (DELWP, January 2020).
Mornington Peninsula Shire Council 12Planning Services Committee 27 January 2021
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3.1 (Cont.)
• update, delete and revise LPPF content, as relevant
• integrate appropriate content into the PPF
• reposition content that is better placed with a control, such as a schedule to a zone or
overlay.
Using the ‘planning scheme rules’, the initial review of the LPPF needs to identify the
appropriateness of content and decide whether it should:
• be translated because it is:
o relevant, necessary and proportional to good decision-making
o clear and unambiguous in its application and intent
o consistent with the Act, the VPP and relevant Ministerial directions
• not be translated because it is:
o outside the scope of planning or a planning scheme
o repetitive, both with the VPP and the LPPF itself
o inconsistent with state policy or controls
o outdated or unclear.
The review should determine what each local policy is seeking to achieve and whether it is
already being achieved by existing state policy or controls, or through another legislative
regime.
Source and destination clauses
The ‘source clauses’ refer to the existing clauses in the MSS (Attachment 1) and LPP
(Attachment 2) that have been reviewed for translation in accordance with the ‘planning
scheme rules’. The ‘destination clauses’ refer to the clauses into which appropriate LPPF
content has been translated. These clauses comprise the MPS (Attachment 3), PPF
(Attachment 4) and schedules to specific overlays, particular provisions and operational
provisions (Attachment 5). The translation process has also necessitated the creation of an
incorporated document into which the heritage design guidelines for the Sorrento Historic
Precinct has been translated (Attachment 6).
Details of how the content in the source clauses has been translated into the destination
clauses are contained in the Summary of Key Changes report (Attachment 7).
ISSUES
While most source clauses have had their content translated at varying extents, there are
seven source clauses with no content translated. These clauses, and the reasons for not
translating their content, are listed in the table below.
Mornington Peninsula Shire Council 13Planning Services Committee 27 January 2021
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3.1 (Cont.)
Source Clause Not Translated Reason
21.01 Purpose of the municipal statement Rule 4: Content comprises introductory text
that includes an articulation of the major aims
of the MSS. Such content is considered
unnecessary to the intended planning
outcome.
21.05 Objectives, strategies and Rule 4: Content comprises a single
implementation paragraph of introductory text. Such content
is considered unnecessary to the intended
planning outcome.
21.11 Monitoring and review Rule 4: Content will not form part of the MPS
or PPF as per the LPPF Translation Manual,
Version 2.0 (DELWP, June 2019).
Additionally, content has been superseded by
Planning Scheme Review 2018.
22.05 Aboriginal cultural heritage Rule 4: Outdated content that predates the
Aboriginal Heritage Act 2006 and associated
regulations.
22.09 Yaringa area Rule 3: The two key issues which this policy
seeks to control – construction of more than
one dwelling on a lot in the Special Use Zone
– Schedule 1 (SUZ1) and amenity impacts of
broiler farms – are already respectively
addressed by the provisions in the SUZ1 and
the incorporated document, Victorian Code
for Broiler Farms 2009 (plus 2018
amendments).
22.11 Mornington Peninsula fire protection Rule 4: Content has been superseded by
policy provisions under Clause 13.02-1S (Bushfire
planning), Clause 53.02 (Bushfire planning)
and the Bushfire Management Overlay.
Exclusion is also consistent with
Recommendation 142 of the Planning
Scheme Review 2018.
22.19 Green wedge camping and caravan Rule 1: Policy has expired; it does not apply
park after 30 September 2011.
Planning scheme amendment pathways
The PPF translation project is time-bound and must be completed by 30 June 2021 as per
the Minister for Planning’s deadline.
There are two main pathways to amend the Planning Scheme – a fast-track amendment or
standard amendment. The fast-track amendment pathway is appropriate if the translation is a
‘policy-neutral’ translation of the LPPF content. Under this pathway, Council would request
the Minister to amend the Planning Scheme with exemption from notice requirements, under
section 20(4) of the Act. The standard amendment pathway is appropriate if new content is to
be added to the MPS or PPF. In this case, a full planning scheme amendment process would
need to be followed, including exhibition.
The translation of the LPPF content into the MPS and PPF is policy-neutral and as such it is
proposed that the fast-track amendment pathway is taken.
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3.1 (Cont.)
Other changes included in the PPF translation amendment
With the agreement of DELWP, the PPF translation amendment will also include the
following two proposed changes to the Planning Scheme:
• Deletion of expired controls in The National Golf Course and Cape Schanck Resort
Development, July 2014 incorporated document and other changes to fix up editing
and referencing errors in and update the date of the document. The proposed deletion
of expired controls follows from the resolution by the Planning Services Committee on
20 July 2020 to refuse to extend the expiry dates of sections 3.1, 3.2, 3.5 and 4 of the
Incorporated Document. A revised and updated version of the document with track
changes is contained in Attachment 8. As the document is referenced in the schedule
to Clause 45.12 (specific controls overlay), an updated version of the schedule with
track changes is contained in Attachment 9.
• Deletion of Schedule 8 ‘Pipeline Policy Area’ to Clause 43.02 (Design and
Development Overlay – Schedule 8 (DDO8)). Pipeline alignments were originally
mapped in the Hastings Port Industrial Area Planning Scheme, which was prepared by
the Western Port Regional Planning Authority (WPRPA) in 1981. The Hastings Port
Industrial Area Planning Scheme was later translated into Chapter 2 of the Shire of
Hastings Planning Scheme, when the WPRPA ceased operations. When the Shire of
Hastings amalgamated with the Shire of Flinders and Shire of Mornington in 1999, a
pipeline policy regulating development in proximity to a pipeline alignment was inserted
into the Planning Scheme under DDO8. However, a map of DDO8 was never included
in the Planning Scheme thereby rendering the schedule non-operational. The schedule
is now considered obsolete because matters relating to the development and
protection of pipelines and provision of adequate buffers to sensitive land uses are now
addressed under:
o Clause 19.01-3S (Pipeline infrastructure) – a state policy in the PPF which
requires the development of pipeline infrastructure be subjected to the Pipelines
Act 2005
o Clause 66.01 (Subdivision referrals), which requires a subdivision application that
crosses a gas transmission pipeline/easement be referred to the relevant gas
supply authority
o Energy Safe Victoria’s requirement for buildings near pipelines to apply for
ministerial consent to ensure specific restrictions and responsibilities are met.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
CONCLUSION
A review of the Shire’s LPPF content has been undertaken and content that meets the
‘planning scheme rules’ has been identified and translated into the new MPS, PPF or a
schedule to an overlay, particular provision or operational provision, where appropriate.
Given the translation is generally policy-neutral, this report recommends that the fast-track
amendment pathway be taken, and that the Minister be requested to amend the Planning
Scheme under section 20(4) of the Act.
Mornington Peninsula Shire Council 15Planning Services Committee 27 January 2021
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3.1 (Cont.)
RECOMMENDATION
That the Planning Services Committee resolves to:
1. Request the Minister for Planning, under Section 20 (4) of the Planning and
Environment Act 1987, to prepare an amendment to the Mornington Peninsula
Planning Scheme generally in accordance with Attachments 1 – 9.
2. Authorise the Director Building and Planning to make editorial changes to Attachments
1 – 9 as required before submitting to the Minister for Planning.
UPDATED RECOMMENDATION
That the Planning Services Committee resolves to:
1. Request the Minister for Planning, under Section 20 (4) of the Planning and
Environment Act 1987, to prepare an amendment to the Mornington Peninsula
Planning Scheme generally in accordance with Attachments 1 – 9 subject to the
following change:
That the paragraph “Extractive industry resources need to be protected for their
strategic value, but development of these sites must have regard toconsider the
landscape protection and conservation objectives of this scheme” under Clause 02.03-
4 (Natural resource management) in Attachment 3 be amended to “The development of
Extractiveextractive industryindustries resources need to be protected for their strategic
value, but development of these sites must have regard toconsider the landscape
protection and conservation objectives of this scheme”.
2. Authorise the Director Building and Planning to make editorial changes to Attachments
1 – 9 as required before submitting to the Minister for Planning.
COMMITTEE DECISON
Moved: Cr O'Connor
Seconded: Cr Mar
That the Planning Services Committee resolves to:
1. Request the Minister for Planning, under Section 20 (4) of the Planning and
Environment Act 1987, to prepare an amendment to the Mornington Peninsula
Planning Scheme generally in accordance with Attachments 1 – 9 subject to the
following change:
That the paragraph “Extractive industry resources need to be protected for their
strategic value, but development of these sites must consider the landscape
protection and conservation objectives of this scheme” under Clause 02.03-4
(Natural resource management) in Attachment 3 be amended to “The
development of extractive industries must consider the landscape protection
and conservation objectives of this scheme”.
2. Authorise the Director Building and Planning to make editorial changes to
Attachments 1 – 9 as required before submitting to the Minister for Planning.
Carried Unanimously
Mornington Peninsula Shire Council 16Planning Services Committee 27 January 2021
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4 STATUTORY PLANNING REPORTS
4.1 Planning Application P20/1886 - Shop 4-6, 20 Victoria Street, Hastings - Use of
Land for the Sale of Packaged Liquor (Bottleshop)
Prepared By Carl Jenkins, Senior Planner
Authorised By Director - Planning and Building
Document ID A10160276
Attachment(s) 1. Location Plan
2. Plans
3. Objection (confidential)
4. Planning Scheme Clause 52.27 Licenced Premises
Application No. P20/1886
Proposal Use of land to sell packaged liquor
Melway Reference 154J11
Zoning Commercial 1 Zone (C1Z)
Applicant GAA One Pty Ltd, C/- Urban Arc Planning Pty Ltd
Date of Application 25 September 2020
PURPOSE
The purpose of this report is to provide an assessment of the planning permit application
received for the proposed use of the premises to sell packaged liquor (trading as a bottle
shop).
In assessing the application, the proposal has been reviewed against the relevant provisions
of the Mornington Peninsula Planning Scheme (Planning Scheme), including the relevant
objectives and strategies of the state and local planning framework, the Commercial 1
Zoning (C1Z) of the subject site, the applicable overlays – Design and Development Overlay
– Schedule 27 (DDO27) and the Development Plan Overlay – Schedule 3 (DPO3) and
Clause 52.27 (Licenced Premises).
Consideration has also been given to the grounds of objection received to the application.
The application is recommended for approval, via a Notice of Decision, subject to conditions.
Proposal Use of land to sell packaged liquor (bottle shop).
Zoning and • C1Z
Overlays
• DDDO27
• DPO3.
Permit Triggers Clause 52.27 – Use land to sell or consume liquor.
Mornington Peninsula Shire Council 17Planning Services Committee 27 January 2021
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4.1 (Cont.)
Advertising The application was advertised with letters mailed to the
owners/occupiers of adjoining properties and a sign displayed at
the premises.
Submissions One submission has been received.
Consultation Victoria Police.
Key Issues Amenity of area.
Social issues relating to consumption of alcohol.
Recommendation That the application be approved and a Notice of Decision be
issued subject to conditions.
BACKGROUND
Previous permits
Council records indicate there are no previous planning decisions directly relevant to the
assessment of this application.
Existing conditions
The subject site is located on the west side of Victoria Street and north side of Elizabeth
Street, in the commercial centre of Hastings. The subject site contains a large single storey
building complex, which accommodates a number of commercial premises and shop units
and part of the central car park serving the wider complex of shops and other premises. The
subject premises is a single commercial tenancy (Shop 4-6) within the wider complex and is
located on the north side facing out to the main car parking area. It is currently used as a
shop. The frontage is predominantly glazed.
Surrounding land
Other adjacent premises within the immediate complex are occupied by commercial
businesses such as Kmart, food premises, travel centre, hair salon and games shop.
Beyond those immediate shops and within the wider commercial centre are other premises
including Aldi to the west and Woolworths to the east.
Established residential areas are located to the west on Queen Street, to the south on
Elizabeth Street and to the east on King Street.
The subject site is shown below outlined in red. The approximate location of the subject
premises (Shop 4-6) is shown with a yellow star:
Mornington Peninsula Shire Council 18Planning Services Committee 27 January 2021 Minutes 4.1 (Cont.) PROPOSAL The proposal is to sell packaged liquor from the premises operating as a bottle shop. The shop will have a total area of 186 square metres. To align with the standard operating hours of the Victorian Commission for Gambling and Liquor Regulation (VCGLR) liquor licences, the applicant proposes the following operating hours for the shop: • Monday to Saturday 9.00am to 11.00pm • Sunday 10.00am to 11.00pm • ANZAC Day 12.00pm to 11.00pm • No trading on Good Friday and Christmas Day. The shop unit is to be fitted out with internal cool room and shelving typical of bottle shops. No external building alterations are proposed. The applicant states that business identification signage will be provided within the limits of signage that does not require a planning permit. NOTIFICATION AND CONSULTATION Notification The application has been advertised pursuant to section 52 of the Planning and Environment Act 1987 (the Act) by mailing letters to the owners and occupiers of adjoining land and displaying a sign at the front of the subject premises. Mornington Peninsula Shire Council 19
Planning Services Committee 27 January 2021
Minutes
4.1 (Cont.)
Submissions
The Mornington Peninsula Shire (Shire) received one objection to the application. The
matters raised are generally summarised as follows:
• further antagonises drug and alcohol problem in Hastings
• affects enjoyment of property – property damage caused by alcohol dependent
persons
• like to see increased Police presence and alcohol support service
• alcohol and drug related waste in streets.
Consultation
No formal consultation has been undertaken for this application.
REFERRALS
External Referrals
Victoria Police – no objection.
Internal referrals
No internal referrals were required for this application.
PLANNING SCHEME PROVISIONS
Permit Triggers
Clause 52.27 – a planning permit is required to use land to sell or consume liquor.
State Planning Policy Framework
Clause 11.03-1S Activity Centres
Clause 11.03-5S Distinctive Areas and Landscapes
Mornington Peninsula Localised Planning Statement (Victorian Government, 2014)
Clause 13.07-1S Land Use Compatibility
Clause 17.02-1S Business
Local Planning Policy Framework
Clause 21.04 Mornington Peninsula Strategic Framework Plan
Clause 21.13-2 Hastings Activity Centre (Local Area Plans)
Clause 22.24 Hastings Activity Centre Policy
Zone
Clause 34.01 Commercial 1 Zone (C1Z)
Mornington Peninsula Shire Council 20Planning Services Committee 27 January 2021
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4.1 (Cont.)
Overlays
Clause 43.02 Design and Development Overlay – Schedule 27 (DDO27)
Clause 43.04 Development Plan Overlay – Schedule 3 (DPO3)
Particular Provisions
Clause 52.06 Car Parking
Clause 52.27 Licenced Premises
General Provisions
Clause 65 Decision Guidelines
CONSIDERATION
It is considered that the proposed sale of packaged liquor is consistent with the objectives of
Clause 52.27 and the above policies and provisions on the following basis:
Clause 11.03-1S – Activity centres
Hastings is defined as a major activity centre on the Mornington Peninsula. The overriding
objectives of this clause are to encourage the concentration of major retail, residential,
commercial, administrative, entertainment and cultural developments into activity centres that
are highly accessible to the community. The proposal, and the continued commercial use of
the premises, is consistent with this objective being located within the commercial centre of
Hastings and adding to the range of retail and commercial premises and the viability of the
area.
Clause 13.07-1S Land use compatibility
The objective is to protect community amenity, human health and safety whilst facilitating
appropriate commercial, infrastructure or other uses with potential adverse off-site impacts,
by, amongst other things, ensuring that the use or development of land is compatible with
adjoining and nearby land uses.
Whilst the land use itself is not changing (i.e. retail shop), the proposal to sell packaged
liquor is considered consistent with the objectives of this clause as it is located within an
established commercial centre containing a wide range of retail and commercial premises.
Furthermore, the location of the shop is appropriate, facing the main car park and not directly
towards any sensitive uses such as residential areas.
Clause 17.02-1S – Business
The objective of this clause is to encourage development that meets the community’s needs
for retail, entertainment, office and other commercial services by, amongst other things,
locating commercial facilities in existing or planned activity centres and providing shopping
facilities in commercial centres or in convenient locations to meet the needs of local
residents. The proposal is consistent with these objectives being located in the existing
commercial centre of Hastings.
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4.1 (Cont.)
Design and Development Overlay – Schedule 27 (DDO27)
The proposal does not include any external alterations to the building and consequently a
planning permit is not required under this provision.
Development Plan – Schedule 3 (DPO3) Hastings Future Town Centre Development
Plan
The endorsed development plans show the existing retail shops (of which the subject
premises is one) and proposed retail units (including Aldi) which now also exist. The
proposal is in one of the retail premises and as such is consistent with the endorsed plans of
the DPO3.
Clause 52.06 – Car parking
As the use of the premises as a ‘retail shop’ is not changing and no increase in the floor area
is proposed, a planning permit is not required under this clause. Consequently, there is no
change to the parking requirement nor the provision of parking within the existing public car
park.
Clause 52.27 – Licensed premises
The purpose of the clause includes the following:
• 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.
The decision guidelines include the following matters:
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
• The Municipal Planning Strategy and the Planning Policy Framework.
• The impact of the sale or consumption of liquor permitted by the liquor licence on the
amenity of the surrounding area.
• The impact of the hours of operation on the amenity of the surrounding area.
• The impact of the number of patrons on the amenity of the surrounding area.
• The cumulative impact of any existing licensed premises and the proposed licensed
premises on the amenity of the surrounding area.
The premises within which the proposed bottle shop is proposing to operate is located within
the commercial centre of Hastings (a major activity centre) in a central complex of shops and
other commercial premises. There is a wide range of shops including supermarkets, chain
stores such as Kmart, food and drink outlets, hair salons, laundrettes, clothing stores, banks,
real estate agents and medical centres i.e. the typical collection of stores that are found in
any town centre.
In the context of the town centre location, the premises is in an appropriate location for a
small bottle shop selling packaged liquor and will add to the range of retail outlets that
shoppers will likely frequent when also visiting other shops in the centre.
Mornington Peninsula Shire Council 22Planning Services Committee 27 January 2021 Minutes 4.1 (Cont.) There does not appear to be an over-concentration of premises selling liquor in the immediate vicinity of the subject premises. It appears that there are six other bottle shop premises spread out through the Hastings town centre, some of which are allied to the large supermarkets. The other bottle shop premises include The Bottle-O Hastings, BWS (Woolworths), Aldi Hastings, Thirsty Camel, Liquorland (Coles) and Ritchies IGA. These are shown on the following map: Subject premises The following map shows the location of licenced premises (all categories) in central Hastings: (Source: VCGLR) Mornington Peninsula Shire Council 23
Planning Services Committee 27 January 2021 Minutes 4.1 (Cont.) • Subject premises = • Licenced premises = The proposed opening hours during which packaged liquor will be available for sale (11.00pm closing) may be later than some retail shops in the area, however, is typical of bottle shops and other food and drink premises that serve liquor. Given the location of the shop facing the main car park area, it is unlikely that the operating hours will directly affect the amenity of any nearby residential area. Given the premises is to operate as a small bottle store, it is unlikely that large numbers of patrons will attend the premises at any one time. Visits to the bottle store are likely to be secondary trips i.e. this bottle shop is unlikely to be the target destination for shoppers, and more likely to be utilised on the way to and from other stores such as the Kmart located nearby. No liquor is to be consumed on the premises. Given the nature of Hastings town centre, there are established residential areas within relatively close proximity (approximately 100 metres) to the subject premises. However, the premises faces inwards towards the main public car park and is therefore not easily visible from the nearby residential streets. As such, the location does not have a direct interface with sensitive uses or environments such as dwellings. It is considered unlikely therefore that the sale of packaged liquor from the subject premises will create significant adverse amenity impacts given its location. The Victoria Police have reviewed the application and raise no issues with the proposal and have not required any conditions to be placed on the permit to control patrons. Social issues associated with the consumption of alcohol In Hunt Club Commercial Pty Ltd v Casey CC (Red Dot) [2013] Victorian Civil and Administrative Tribunal (VCAT) 725, a legal ruling was made by the Deputy President as to the appropriate scope of considerations when considering applications under Clause 52.27. In particular, VCAT was asked if economic and – more relevantly – social effects of the liquor sales were a valid consideration, or if the consideration was limited to amenity impacts on the surrounding area. In considering this point, VCAT considered the earlier cases of Coles Group Property Development Ltd v Mornington Peninsula SC [2012] VCAT 600 and Millwood v Frankston CC [2012] VCAT 1716, but distinguished its position slightly from both. It noted that the decision guidelines in Clause 52.27 largely, but not exclusively, focus on questions of amenity. However, they also require consideration of the PPF and LPPF, while Section 60 of the Act also requires consideration of significant social and economic effects. VCAT found that significant social effects could, in theory, be relevant to a clause 52.27 consideration. However, it also made it clear that it considered that in practice the relevance of such considerations would be limited, with planning assessments turning instead on more traditional spatial and amenity concerns: Although the significant social effects of a planning decision may conceivably be a relevant consideration in a given case, as a matter of general principle, a broad concern about the social harm caused by alcohol, the accessibility of alcohol in the community generally, or the potential for the abuse or misuse of alcohol, will rarely (if ever) be a relevant consideration in the exercise of discretion for a particular licensed premises under clause 52.27. These matters are more commonly relevant to the complementary regulatory framework under the Mornington Peninsula Shire Council 24
Planning Services Committee 27 January 2021
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4.1 (Cont.)
Liquor Control Reform Act 1998, albeit that there is some overlap between the liquor
licensing and town planning frameworks.
Town planning is not a panacea for all perceived social ills, nor is planning decision-making a
forum for addressing all issues of social or community concern. At its heart, planning is about
the use, development and protection of land. It has a spatial context that is primarily
concerned with the fair, orderly, economic and sustainable use and development of land.
Town planning does not involve itself in moral judgements nor, subject to this locational or
spatial perspective, in the operation of a competitive market economy in which certain goods
and services are lawfully made, sold or consumed. Whilst town planning seeks to secure a
pleasant, efficient and safe working, living and recreational environment, it is not the role of
town planning to address all issues of public health, nor to regulate the pricing or general
availability of a product to manage the health and wellbeing of a society.
VCAT observed that this line of thinking could be extended to other similar examples, such
as the health effects of fast food – a timely observation given the recent furore over the
approval of a McDonalds outlet in Tecoma – or the health effects of electromagnetic radiation
from telecommunications facilities. It also drew comparison with the regulation of gaming
machines, where the town planning considerations specifically relate to the social
implications of the location of gaming machines.
As such, whilst social issues have been raised as a concern by the Objector, the scope of
Clause 52.27 is more limited to ‘amenity’ concerns which have been discussed above. In the
context of a Major Activity Centre, the application is considered by Shire officers to be
reasonable and appropriate and is therefore being recommended for support.
Response to submissions
The matters raised in the objection are generally summarised as follows:
• further antagonises drug and alcohol problem in Hastings
• affects enjoyment of property – property damage caused by alcohol dependent
persons
• like to see increased Police presence and alcohol support service
• alcohol and drug related waste in streets.
The matters raised in the objection are sensitive issues in any community. The cumulative
impacts of licensed premises in an area can be significant.
In this instance, the subject premises is located within a commercial town centre where there
is a large mix of commercial uses, and where there does not appear to be an over-
concentration of similar premises serving liquor with what appears to be five other bottle
shop premises spread through the town centre. Furthermore, its location facing the main
public car park is less visible from any sensitive residential streets. The application has been
referred to the Victoria Police and no objections or other issues have been raised. Whilst it is
acknowledged that there may be a case for limiting the availability of liquor in the community
more broadly and increasing support services, in this instance it is considered that a refusal
is not warranted given the scale of the proposal, its location, and town centre context of this
premises.
Mornington Peninsula Shire Council 25Planning Services Committee 27 January 2021
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4.1 (Cont.)
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
CONCLUSION
The proposal to sell packaged liquor is considered appropriate and it is recommended that
the application be approved subject to appropriate permit conditions.
RECOMMENDATION
Part A
That the Planning Services Committee approves the proposal for the use of land to sell
packaged liquor in accordance with the endorsed plans at Shop 4-6, 20 Victoria Street,
Hastings and a Notice of Decision to Grant a Planning Permit be issued subject to the
following conditions:
Use
1. This permit only provides for the sale of packaged liquor to be consumed off site.
2. The display and sale/purchase of packaged liquor must not occur outside of the areas
identified by the ‘red line’ on the endorsed plans.
Operating hours
3. Except with the further consent of the Responsible Authority the sale of packaged of
liquor may only occur between the following hours:
• Monday to Saturday 9.00am to 11.00pm
• Sunday 10.00am to 11.00pm
• Anzac Day 12noon to 11.00pm
• Closed Good Friday and Christmas Day.
Amenity
4. The licensing of the premises must not cause any nuisance or annoyance to persons
beyond the land because of the emission of noise, litter or otherwise, to the satisfaction
of the Responsible Authority.
Expiry
5. This permit will expire if the operation of the liquor licence does not commence within
two years of the date of this permit.
In accordance with section 69 of the Planning and Environment Act 1987, an
application may be submitted to the Responsible Authority for an extension of the
period referred to in this condition.
Mornington Peninsula Shire Council 26Planning Services Committee 27 January 2021
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4.1 (Cont.)
Part B
That the Committee resolves that Attachment 3 to this report be retained as a confidential
item pursuant to section 3 (1) (f) of the Local Government Act 2020 as it contains personal
information.
COMMITTEE DECISION
Moved: Cr Dixon
Seconded: Cr Celi
That the Committee resolves to refuse Planning Application ref. P20/1886 for the ‘Use
of land to sell packaged liquor’ at Shop 4-6, 20 Victoria Street, Hastings for the
following reasons:
1. The proposal is an incompatible land use that would, in conjunction with existing
licenced premises, result in adverse cumulative impacts on the amenity of
Hastings town centre and surrounding residential areas. It is therefore contrary
to State Planning Policy Clause 13.07-1S and the purpose of Clause 52.27 of the
Mornington Peninsula Planning Scheme.
Part B
That the Committee resolves that Attachment 3 to this report be retained as a
confidential item pursuant to section 3 (1) (f) of the Local Government Act 2020 as it
contains personal information.
Carried Unanimously
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