planning delegation report subject property (parcel no/s

Mildura Rural City Council

Statutory Planning Department

Planning Delegation Report

of 11

Application Number 005.2019.00000146.001

Received Date 10 May 2019

Applicant Regional Building Consultants

Subject property (Parcel No/s 40748 ) 7 Reed Street MURRAYVILLE (Lot: 2 LP: 70222)

Proposal Use of the land for a place of assembly (library) and reduction in car parking requirements The application seeks the approval of using part of the Murrayville Park for a library. The library will be located in the south east corner of the park, with an attached car parking space, to be used to service the local community, in place of the mobile library service. The application includes the reduction of car parking requirements for the development. It is noted that the buildings and works component of the library is exempt from requiring a planning permit, pursuant to Clause 62.02-1 which states: “Buildings and works not requiring a permit Any requirement in this scheme relating to the construction of a building or the construction or carry out of works, other than a requirement in the Public Conservation and Resource Zone, does not apply to buildings and works with an estimated cost of $1,000,000 or less carried out on behalf of a municipality.”

Zones/Overlays Township Zone

Relevant Provisions Clause 17.02-2S Out-of-centre Development Clause 19.02-2S Education facilities Clause 21.04-1 Settlement Hierarchy Clause 32.05 Township Zone Clause 52.06 Car Parking Clause 65 Decision Guidelines Clause 66 Referral and Notice Provisions

Permit Triggers Clause 32.05-2 Use of the land for a library A permit is required to use the land for a place of assembly (library)




of 11

Clause 52.06-3 Permit requirement A permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay.

Statutory Days The application has been in progress 20 days (in Council’s hands) Application received: 10/05/2019

Application referred: 21/05/2019

Notification fees letter issued: 21/05/2019

Notification end date: 07/06/2019 Mediation meeting: 26/06/2019

Benchmark Level 1

Subject site & locality An inspection of the site and the surrounding area has been under taken.

The site has a total area of 2873m2 and currently contains Murrayville Pioneer Park. The site is

surrounded by a mixture of uses including residential and commercial. Given the commercial

uses in the surrounding area, existing lined car parking is provided along Reed Street.

Permit/Site History 005.2018.00000249.001 – Use of the land for a library (withdrawn)

Public Notification The application has been advertised pursuant to Section 52 of the Planning and Environment

Act 1987, by:

Sending notices to the owners and occupiers of adjoining land.




of 11

The notification has been carried out correctly.

Council has received 79 submission to date. 63 submissions are objections to the proposal, with

16 submissions are supportive.

The key issues that were raised in the objections are:

Move the library from the park area

Reduced area in play area

Removal of trees and play equipment

Safety issues with car park inside park (alongside the library)

It is noted that the majority of the issues raised by the objectors do not meet the requirements of

Section 57(2) of the Act as they don’t state how the person is affected by the grant of the permit.

Consultation A mediation meeting was held at the Murrayville Senior Citizens Club on Wednesday 26 June

2019. The meeting contained mostly discussions regarding moving the library from the

proposed location, however it was advised the purpose of this meeting was not able to require

the Council to alter the proposed location, that this was undertaken through previous

consultation with the community.

In the VCAT decision Felstead v Northern Grampians SC [2005] VCAT 465 (15 March 2005) in

which Member Hewett who stated:

“It is not for me to determine whether there are alternative sites for a library in St Arnaud or

even whether the review site is the best site for a library or not. My considerations are limited to

determining whether or not this proposal achieves an acceptable outcome having regard to the

provisions of the overlay.”

Following the mediation meeting, the applicant made changes to the plan which included

moving the library from 3m setback off the eastern (lane) boundary of the site to 500mm,

include landscaping to the front of the building to retain the “park” look to surrounding residents,

and alteration of the disabled car parking space, from within the park (to protect the safety of

park users) to within the naturestrip along Gray Street, in which a vehicle will enter and exit the

park in a forward direction. These changes will reduce the overall footprint of the library within

the park area, which was a concern of objectors. The amendment will ensure the existing swing

set is protected and will not be required to be relocated from its existing position.

It is noted that consultation with the local community was undertaken by Council (Leisure and

Recreation Department) when identifying potential library locations on 13 February 2018 and 12

March 2019, which involved Council’s Manager of Leisure and Cultural Services, Library

Service Manager, Mallee Track Project Officer, Building Inspection Team Leader, Councillor




of 11

Brown and 27 members of the local community (13 February 2018) and 29 members of the

local community (12 March 2019).

Following the community meeting held 12 March 2019 it was determined by Council Officers to

present the pioneer park as the most viable option for the library, with reasons being (reported

in the March 2019 Council report):

- The pioneer park is centrally located, greater convenience for users;

- The current site of the mobile library;

- Closer to the shops and post office;

- Highly visible for security;

- Within the budget and less expensive by $25,000 than the pool option;

- Able to be finished four months earlier than the pool site option (resulting in an estimated

$37,000 savings in operational costs of the mobile library).

Whilst mediation resulted in some of objector concerns being addressed by changes to the

application by the applicant, the majority of the objections related to the library being located in

the Pioneer Park. No objections to the proposal were withdrawn at the time of writing this

report.

Conflict of Interest No conflicts of interest were declared during the preparation of this report.

Referrals External Referrals/Notices Required by the Planning Scheme:

Referrals/Notice Advice/Response/Conditions

Section 55 Referrals The application was not required to be referred under Section 55 of the Planning and Environment Act 1987 pursuant to Clause 66.02 of the Mildura Planning Scheme.

Section 52 notices Nil

Internal Council Referrals Advice/Response/Conditions

Engineering The application was referred to Engineering who had no objection to the proposal subject to the following conditions:

- New concrete driveway and footpath link to library must be constructed prior to commencement of use. Road opening permit must be obtained prior to any driveway works commencing.

- The works required for the disabled car parking space in the Gray Street naturestrip must be completed (at full cost to the developer) prior to the commencement of use.




of 11

Assessment TOWNSHIP ZONE (Clause 32.05)

The subject site is zoned Township which has the following purpose:

“To provide for residential development and a range of commercial, industrial and other uses in

small towns.

To allow educational, recreational, religious, community and a limited range of other non-

residential uses to serve local community needs in appropriate locations.”

Comment:

It is considered that the proposed library is contributing to the area by providing community and

educational uses to serve the local community. The library is proposed to be located in the

existing park given it is already used as a hub for the town with members of the local community

frequenting the park, particularly families; therefore allowing persons to consolidate their

journeys. The library will be providing an educational use to the local community, by being

accessible every day, as opposed to the current mobile library which visits the town. Although a

small percentage of the park is to be lost by this proposal, it is considered that the community

benefit for providing a full time library to the area, outweighs the small loss of garden area.

Clause 32.05-13 Decision Guidelines of this zone states:

“Before deciding on an application to use land or construct a building or construct or carry out

works, in addition to the decision guidelines in Clause 65, the Responsible Authority must

consider, as appropriate:

General

The Municipal Strategic Strategy and the Planning Policy Framework;

The objectives set out in a schedule to this zone;

The protection and enhancement of the character of the town and surrounding area

including the retention of vegetation;

In the absence of reticulated sewerage, the capability of the lot to treat and retain all

wastewater in accordance with the State Environment Protection Policy (Waters of Victoria)

under the Environment Protection Act 1970;

Provision of car and bicycle parking and loading bay facilities and landscaping; and

The scale and intensity of the use and development.”




of 11

Comment:

The Municipal Strategic Strategy and the Planning Policy Framework will be discussed further in

this report. There are no objectives set out in a schedule to this zone.

It is considered that the character of the town is not lessened by this application, it will allow for

a community service to be provided in a largely well utilised community hub, by allowing library

service to the local community in the park area. Although a small area of the park will be

removed by this building, it is considered that its community benefit to the community outweighs

this minor area loss. A condition requiring landscaping works around the building is to be

included to soften the building look. With the changes to the application including the siting of

the building closer to the boundary of the site, the swings will not need to be relocated, which

ensures the smallest amount of area is required by the building. The park was chosen by

Council as its preferred location, to ensure vegetation was retained on the Multipurpose Centre

site.

The library will be required to connect to a septic tank, with the preliminary works for this having

been undertaken, with a Land Capability Assessment provided for assessment. Septic approval

is undertaken through the building permit process, and as the buildings and works of this

application are exempt from requiring a permit. No condition is required to be placed on the

permit.

Following consultation, it was determined to relocate the disabled car parking space to the

naturestrip along Gray Street. This will ensure safety of persons within the park with the parking

space being able to be entered and exited in a forward direction without entering the park. This

will ensure the minimal amount of land required within the park for the library is contained to the

building footprint. On street lined car parking is provided adjacent to the park and is considered

to be adequate to service the park and library. Bicycle parking is provided within the existing

park. Loading and unloading will be able to be undertaken from the surrounding road network,

as required.

It is considered that the proposed scale of the library building is normal to the area, by being

single storey in nature, and in the built form of a small dwelling look building with pitched roof

and windows and doors normal to dwellings in the area. Additional landscaping requirements

will be placed on any permit issued, to ensure the building is incorporated into the park

aesthetics.

Planning Policy Framework (PPF)

OUT-OF-CENTRE DEVELOPMENT (Clause 17.02-2S)

Clause 17.02-2S Out-of-centre development of the Planning Policy Framework is relevant and

has the following objective:




of 11

“To manage out-of-centre development.”

The objective is achieved through the following strategy, amongst others:

“Give preference to locations in or on the border of an activity centre for expansion of single use

retail, commercial and recreational facilities.

Ensure that out-of-centre proposals are only considered where the proposed use or

development is of net benefit to the community in the region served by the proposal or provides

small scale shopping opportunities that meet the needs of local residents and workers in

convenient locations.”

Comment:

It is considered that the library location is within the centre of town, and is already used for an

activity centre with the Pioneer Park being a focal point for the town. The addition of the library

in the park will create an additional opportunity for persons utilising the park and easily access

the library at the same time; potentially saving additional travel for families already visiting the

park area. The library will benefit the community by providing a full time library service to the

region, which is currently serviced by the mobile library once a week.

EDUCATION FACILITIES (Clause 19.02-2S)

Clause 19.02-2S Education facilities of the PPF is relevant and has the following objective:

“To assist the integration of education and early childhood facilities with local and regional

communities.”


“Consider demographic trends, existing and future demand requirements and the integration of

facilities into communities in planning for the location of education and early childhood facilities.

Develop libraries as community based learning centres.”

Comment:

It is considered that the reduction of the mobile library service to the area by the Mildura Rural

City Council has resulted in the justification for a full time library be developed for the

community. Council has determined the location to best suit the accessibility for the library

service, by being centrally located to the existing shops along Reed Street, within the park

which is well utilised by persons in the community, to allow for single trips for multi-purposes.

The library will provide a community learning centre within the centre of Murrayville that will now

be accessible 7 days a week.




of 11

SETTLEMENT HIERARCHY (Clause 21.04-1)

Clause 21.04-1 Settlement Hierarchy of the Planning Policy Framework is relevant and has the

following objective:

“To recognise the different roles and functions of settlements within the Rural City of Mildura.”


“Strategy 1.7 – Support the continued growth and role of the other smaller towns and

settlements through the provision of residential land as required, and appropriate levels of

community services for their surrounding areas, having regard to their role as identified

‘communities’ and to support tourism.”

Comment:

It is considered that the library will support the continued growth of the Murrayville community

by providing a service which has been provided on a part time basis, in a location which is

already well utilised by the community, which will allow for trips to service multiple uses at the

same time.

Relevant Particular Provisions

CAR PARKING (Clause 52.06)

Clause 52.06 Car parking of the Particular Provisions is relevant and has the following purpose:

“To ensure that car parking does not adversely affect the amenity of the locality;

To ensure the provision of an appropriate number of car parking spaces having regard to

the demand likely to be generated, the activities on the land and the nature of the locality;

and

To promote the efficient use of car parking spaces through the consolidation of car parking

facilities.”

Comment:

The proposal has included one disabled car parking space within the Gray Street naturestrip,

which will be able to be entered and exited in a forward direction to ensure safety is maintained

for park users. Given the surrounding on street car parking in the immediate area, it is

considered there is sufficient car parking in the vicinity.

Place of assembly is listed in Table 1 as 0.3 spaces to each patron permitted. As the library

does not admit to a specific number of patrons (publicly used facility), it is considered that the

car parking requirement in the table is not useful to calculate the car parking need. Existing car

parking provided on street, along Reed Street and the introduction of a disabled space adjacent




of 11

to Gray Street will ensure efficient parking in the area remains. The mobile library currently

visits Murrayville to the park, with car parking availability in the area not raised in any objector

concerns.

As the library is to be located in the existing park, which is well serviced by existing lined off

street car parking and a disabled space in the naturestrip, it is considered that adequate car

parking is provided for the proposed use.

The decision guidelines of Clause 65

Clause 65 states:

“Because a permit can be granted does not imply that a permit should or will be granted. The

Responsible Authority must decide whether the proposal will produce acceptable outcomes in

terms of the decision guidelines of this clause.”

The decision guidelines relevant to this application are:

“The Municipal Planning Strategy and the Planning Policy Framework;

The purpose of the zone, overlay or other provision;

The orderly planning of the area;

The effect on the amenity area.”

Comment:

The Municipal Planning Strategy and Planning Policy Framework have been discussed earlier

in this report. It is considered that the library meets the purpose of the zone, by being an

alternate community use in the small township, within the existing activity centre, to provide for

community needs, which is currently serviced via a mobile service, that is not available at all

times.

It is considered that although there was a number of objections to the proposal received, that

the benefit to the community, the safety concerns have been alleviated, that landscaping be

required to surround the library, and the Councillor’s decision to approve the location, that the

library appropriate in the proposed location as it will provide the library service in the area

already well utilised by the community.

The library being located in the Pioneer Park is considered appropriate as it is considered will

not affect the amenity of the area. The intent is for the park and library to be used in

conjunction with each other, it is considered this outcome is achievable and will continue to

serve as a community hub available for the persons of Murrayville to use.




of 11

Other relevant adopted State policies/strategies – (e.g. Melbourne 2030.)

There are no adopted State policies relevant to this application.

Relevant incorporated or reference documents

There are no incorporated documents relevant to this application.

Relevant Planning Scheme amendments

There are no Planning Scheme amendments relevant to this application.

Cultural Heritage Management Plan Regulation 7 of the Aboriginal Heritage Regulations 2018 states:

A cultural heritage management plan is required for an activity if –

(a) All or part of the activity area of cultural heritage sensitivity; and

(b) All or part of the activity is high impact activity.

A Cultural Heritage Management Plan is not required to be undertaken as the subject site is not

within an area of cultural heritage sensitivity as required by Regulation 7.

Summary of Key Issues Safety of people in the park with a car parking space provided in the park area.

Visual amenity to the area.

Location of library, being in the park.

Conclusion It is considered that the proposal is appropriate given it meets the requirements of the Mildura

Planning Scheme as discussed throughout this report. The library will service the local

Murrayville community which is currently serviced through Council’s mobile library service. The

park is currently well utilised and although a small amount of area will be removed by this

approval; all existing park equipment will be retained. Amendments to the application to have

the disabled parking space moved to the naturestrip has ensured safety for park users. The

use will provide convenient and accessible library services for persons who frequent the park

and all residents of Murrayville.

Therefore a conditional approval is recommended.

Recommendation

Notice of Decision to Grant a Permit

That Council having caused notice of Planning Application No. 005.2019.00000146.001 to be

given under Section 52 of the Planning and Environment Act 1987 and having considered all




of 11

the matters required under Section 60 of the Planning and Environment Act 1987 decides to

Grant a Notice of Decision to Grant a Permit under the provisions of Clause 32.05-2 and Clause

52.06-3 of the Mildura Planning Scheme in respect of the land known and described as 7 Reed

Street Murrayville, for the use of the land for a place of assembly (library) in accordance with the

endorsed plans, with the application dated 10 May 2019, subject to the following conditions:

CONDITIONS

Application No: 005.2019.00000146.001

Planning Scheme: Mildura Planning Scheme

Responsible Authority: Mildura Rural City Council

ADDRESS OF THE LAND:

5 Reed Street MURRAYVILLE, 7 Reed Street MURRAYVILLE, CA: 21 Sec: 2 Psh: MURRAYVILLE TP, Lot: 2 LP: 70222

THE APPLICATION IS FOR:

Use of the land for a place of assembly (library) and reduction in car parking requirements

THE FOLLOWING CONDITIONS APPLY:

(1) Before the use starts, additional plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

a) Landscape design plan prepared in consultation with Council’s Parks Services for the

front of the library area which must include screening plants to integrate the library into the park space.

(2) The use as shown on the endorsed plans must not be altered or modified in any way

without the prior written consent of the Responsible Authority. (3) The disabled car parking space in the naturestrip to Gray Street must be completed to the

satisfaction of the Responsible Authority, prior to the commencement of use at the full cost of the proponent of this permit.

(4) New concrete footpath link to library and disabled car parking space must be constructed

to the satisfaction of the Responsible Authority prior to the commencement of use. (5) Any lighting must be suitably baffled to not impact on any persons, to the satisfaction of

the Responsible Authority. (6) All works required as per the endorsed landscaping plan must be completed to the

satisfaction of the Responsible Authority prior to the commencement of use. (7) The above-mentioned planning permit expires if;

a) the use does not start within two years of the date of issue of the permit or; b) the use is discontinued for a period of two years.

CONDITIONS

Application No: 005.2019.00000146.001

Planning Scheme: Mildura Planning Scheme

Responsible Authority: Mildura Rural City Council

ADDRESS OF THE LAND:

5 Reed Street MURRAYVILLE, 7 Reed Street MURRAYVILLE, CA: 21 Sec: 2 Psh: MURRAYVILLE TP, Lot: 2 LP: 70222

THE APPLICATION IS FOR:

Use of the land for a place of assembly (library) and reduction in car parking requirements

THE FOLLOWING CONDITIONS APPLY:

The permit time may be extended pursuant to Section 69 of the Planning and Environment Act 1987 if a written request is received by the Responsible Authority before the permit expires or;

• within 6 months of the expiry date if development has not commenced; or

• within 12 months of the expiry date if the development has commenced and was lawfully started before the expiry date.

planning delegation report subject property (parcel no/s

Documents