victorian civil and administrative tribunal...3 in planning permit application 2016-42-1 a permit is...

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

ADMINISTRATIVE DIVISION

PLANNING AND ENVIRONMENT LIST VCAT REFERENCE NO. P2344/2017

PERMIT APPLICATION NO. 2016-42-1

CATCHWORDS

Section 77 of the Planning and Environment Act 1987; Horsham Planning Scheme; Commercial 2 Zone;

Service Station; Main Road, Highway Location; Relationship to Adjacent Motel; Impact on Amenity; 24

Hour Operation; Impact of Acoustic Fencing; Form of Acoustic Fencing; Overshadowing of Motel Pool

and Solar Equipment; Daylight; Traffic; Lighting; Fumes; Refuse and Plant Enclosure.

APPLICANT OTR 129 Pty Ltd & OTR 130 Pty Ltd

RESPONSIBLE AUTHORITY Horsham Rural City Council

REFERRAL AUTHORITY Transport For Victoria

RESPONDENTS JLF (Aust) Pty Ltd, Julian & Lisa Fitzgerald &

Others

SUBJECT LAND 20 Dimboola Road & 11 Wawunna Road

HORSHAM VIC 3400

WHERE HELD Melbourne

BEFORE Margaret Baird, Senior Member

HEARING TYPE Hearing

DATES OF HEARING 15 and 16 October 2018

DATE OF ORDER 13 November 2018

CITATION OTR 129 Pty Ltd & OTR 130 Pty Ltd v

Horsham RCC [2018] VCAT 1778

ORDER

Application amended

1 Pursuant to section 127 and clause 64 of schedule 1 of the Victorian Civil

and Administrative Tribunal Act 1998, the permit application is amended

by:

• Substituting the following plans for the application plans:

o Prepared by ADS Architects.

o Revision dated 27 August 2018.

• Amending the description of the permit application to:

o Use of the land as a Service Station in the Commercial 2 Zone

pursuant to Clause 34.02-1;

VCAT Reference No. P2344/2017 of 27

o Buildings and Works (including landscaping) in the Commercial 2

Zone pursuant to Clause 34.02-4;

o Erect and display of business identification signage (including

internally illuminated signs, two (2) board signs and a pylon sign)

pursuant to Clause 52.05;

o Create access to a Road Zone - Category 1 pursuant to Clause

52.29.

Permit granted

2 In application P2344/2017, the decision of the Responsible Authority is set

aside.

3 In planning permit application 2016-42-1 a permit is granted and directed to

be issued for the land at 20 Dimboola Road & 11 Wawunna Road,

Horsham, in accordance with the endorsed plans and the conditions set out

in Appendix A.

4 The permit allows:

• Use of the land as a Service Station in the Commercial 2 Zone


• Buildings and Works (including landscaping) in the Commercial 2


• Erect and display of business identification signage (including



• Create access to a Road Zone - Category 1 pursuant to Clause 52.29.

Margaret Baird

Senior Member

APPEARANCES

For OTR 129 Pty Ltd & OTR

130 Pty Ltd

Ms E Bergin, barrister, instructed by Peregrine

Legal. She called expert evidence from:

• Mr S Linke, town planner.

• Mr S Davies, traffic engineer.

• Mr J Graham, lighting engineer.

• Mr S McHugh, acoustic engineer.

For Horsham Rural City

Council

Mr N Haydon, Neil Haydon & Associates Pty

Ltd.

For JLF (Aust) Pty Ltd, Julian

& Lisa Fitzgerald & Others

Mrs L Fitzgerald.


INFORMATION

Description of

proposal

24 hour service station with four pumps and eight filling

positions. All ingress is from Dimboola Road (Western

Highway) with all egress via Wawunna Road. Wawunna

Road also allows ingress. No gas or high speed fuel pumps

are proposed. 12 on-site parking spaces are provided, with

the control building and five car spaces on the west

boundary. The northern part of the subject land is to be

landscaped but not otherwise used with the service station.

Signage is also proposed.

Nature of

proceedings

Application under section 77 of the Planning and

Environment Act 1987 – to review the decision to refuse to

grant a permit.

Planning scheme Horsham Planning Scheme [scheme].

Zone and overlays Commercial 2 Zone. Signage is at Category 1. Design

and Development Overlay (DDO3). Dimboola Road

(Western Highway) is a Road Zone Category 1.

Key scheme policies

and provisions

Clauses 11, 13, 15, 17, 18, 19, 21, 22.01, 34.02, 42.03,

52.05, 52.06, 52.29, 65 and 71.

Permit requirements Clauses 34.02-1, 34.02-4, 52.05 and 52.29.

Land description The subject land was formerly used as a car sales yard. It

is two lots on the north-east corner of Dimboola Road

(Western Highway) and Wawunna Road. It has a total area

of 1,848.7m2. The northern lot abuts vacant residential

land further north. The Ploughman Motor Inn, with a

manager’s residence, abuts the west site boundary and part

of the northern lot. The land is at a signalised intersection.

Tribunal inspection 21 October 2018, in the evening (around 8pm and 1am).

22 October 2018, in the early morning (around 5.00 -

5.30am) and then mid-morning to inspect the Ploughman

Motor Inn.

Subject

land


REASONS1

INTRODUCTION

1 The subject land is on the Western Highway (Dimboola Road), a major route

in to, and out of, Horsham. A 24 hour service station is proposed on the

land. The Horsham Rural City Council determined to refuse a permit, a

decision that the permit applicant has asked the Tribunal to review. Council

officers had recommended a permit be granted subject to conditions.

2 The Council’s grounds of refusal focus on the 24 hour operation of the

service station that it considers will unreasonably affect safety and amenity.

This includes users of the adjacent motel and particularly the manager’s

residence where the occupants will be affected by sleep disturbance and light

emissions. The Council says the proposed acoustic fence will not mitigate

the impact and will be an unreasonable visual imposition in the locality as

well as for the adjoining land owners and motel users. Respondent objectors,

including the motel operators and land owners, agree. With nearby residents,

they have other issues about the proposal and the impact of a 24 hour facility

on the amenity of the residential area, traffic movement and safety.

3 The applicant submits the proposal is an appropriate highway-related use in a

planning context where the adjacent motel is within the same commercial

zone. It submits that if appropriately conditioned, the service station will not

adversely affect the amenity of the motel, its manager’s residence, or the

locality. The initial application plans included a car wash and vacuum bay

that have since been deleted. The permit applicant strongly opposes any

limitation on the hours of operation. It submits that a 24 hour operation is

reasonable, based on the expert evidence it relies upon. The business model

involves 24 hour operation; “we never close”.

4 I must decide whether the proposal will produce an acceptable outcome

having regard to the relevant policies and provisions in the scheme. Net

community benefit is central in reaching a conclusion. Clause 71.02 of the

scheme requires the decision-maker to integrate the range of policies

relevant to the issues to be determined and balance conflicting objectives in

favour of net community benefit and sustainable development.

PLANNING CONTEXT

5 Horsham is an important regional centre, recognised in the Wimmera

Southern Mallee Regional Growth Plan. It serves a wide region and caters

as a short-term or overnight stop for highway road users. These roles are

recognised through the scheme where the Western Highway is identified as

a key road corridor.2

1 The submissions and evidence of the parties, supporting exhibits given at the hearing and the

statements of grounds filed have all been considered in the determination of the proceeding. In

accordance with the practice of the Tribunal, not all of this material will be cited or referred to in

these reasons. Subsequent to the hearing, several Amendments have been made to the scheme

such as VC154 and 155. The matters within the Amendments are not in dispute in this proceeding.

I have not, therefore, sought further submissions about the Amendments from the parties. 2 Clause 11.01-1R.


6 Transport routes into and out of Horsham are also acknowledged in policy:

The key transport routes in and out of Horsham are attractive places

for certain retailers to locate. These areas are eminently suited to uses

which require constant vehicle access for customers, large outdoor

display areas, are trade related businesses or similar. Council must

manage the types of uses establishing in these areas to ensure they do

not undermine the role of the central commercial area.

7 Consistent with this, the subject land, and motel to its west, are part of the

Commercial 2 Zone [C2Z], as shown on the plan included in the

‘Information’ section of these reasons. The zone’s purpose is:

To encourage commercial areas for offices, appropriate manufacturing

and industries, bulky goods retailing, other retail uses, and associated

business and commercial services.

To ensure that uses do not affect the safety and amenity of adjacent,

more sensitive uses.

8 The decision guidelines in clause 34.02-7 [C2Z] address general matters,

land use and buildings and works. Before deciding upon an application I

must consider these as appropriate. They include:

The interface with adjoining zones, especially the relationship with

residential areas.

The effect that existing uses may have on the proposed use.

The effect of traffic to be generated on roads.

The interim use of those parts of the land not required for the

proposed use.

If an industry or warehouse, the effect that the use may have on

nearby existing or proposed residential areas or other uses which are

sensitive to industrial off-site effects, having regard to any comments

or directions of the referral authorities.

9 The Council’s grounds refer to residential amenity impacts including to the

motel site and its manager’s residence. It is relevant that the subject land

does not have a direct interface with a dwelling in a residential zone. The

northern part of the subject land is within the C2Z and not proposed to be

developed except for landscaping. To its north is a vacant lot within the

General Residential Zone. The adjacent motel is within the C2Z as is the

hotel on the opposite side of Wawunna Road. This road also separates the

subject land from other properties in the General Residential Zone.

10 The Council’s submission likens the service station to an industry or

warehouse. Service station is not nested with industry or warehouse by the

scheme.3 Notwithstanding, no party suggests that the amenity of the

adjacent motel and nearby residential area are not relevant to the assessment

of this application. Amenity impacts are cited in the C2Z purpose and

various decision guidelines in the scheme. The assessment relates to the

motel in the C2Z as well as dwellings in the residential zone.

3 Clause 73.03.


11 With respect to buildings and works, the decision guidelines of clause

34.02-7 include the site layout (including parking, vehicles for supplies and

waste removal), the streetscape, maintenance of landscaping and paved

areas, outdoor lighting and illumination of buildings or their immediate

spaces. The dispute in this case is about the layout and impact of the

proposed works in amenity terms rather than any significant debate about

the built form and landscaping per se. I refer to relevant scheme policies

about noise and amenity below.

12 Signage is at Category 1. I have had regard to the provisions of clause

52.05. This aspect of the proposal is in issue with respect to light spill.

BASIS OF DECISION

13 The primary issue in this case is the 24 hour operation of the service station.

The Council submits the proposal is not consistent with the purpose of the

C2Z as the service station’s operations, unless regulated through hours of

operation, have the potential to unreasonably affect the safety and amenity

of the users of the adjacent motel and dwelling. This is by noise, light and

odour emissions as well as the risk of fire and explosion. Respondents

oppose the proposal because of the same amenity concern and other issues.

Before I address amenity and more grounds of objection, I refer to the

principle of siting a 24 hour service station on the subject land.

Proposed use of the land

14 The subject land is a corner lot on a key transport corridor. Its use for a

service station requiring constant vehicle access for customers on a

highway is consistent with the purpose of the C2Z. As indicated in the

Google Maps image below, convenience-based uses are located along the

highway including fast food premises. A hotel and a service station are to

the south-east. The BP service station and McDonald’s drive-through are

24 hour operations. There are several motels along this corridor.

Subject

land


15 Mrs Fitzgerald and Mr Haydon highlight the lack of residential abuttals to

the BP service station. I agree that is the case and it is not immediately

abutting the motel to its north-west. However, this is not the only 24 hour

service station in Horsham. A Caltex service station at No. 129 Baillie

Street (Western Highway corner with Urquhart Street) abuts a dwelling,

both of which are in the Commercial 1 Zone.

16 The specific context for the proposed service station must have regard to

the current and future role of the highway, expressed through the scheme.

The zoning and the range of commercial uses is evidence of this. Existing

highway activity gives rise to noise and traffic impacts. The signalised

intersection of the Western Highway/Dimboola Road and Wawunna Road

causes vehicles to brake, decelerate and accelerate. More highway traffic

and commercial growth along the corridor in accordance with the scheme’s

directions will add to this. Due consideration must be given to the lawfully

established motel and nearby residential area but in the context that:

• An assessment of potential amenity impacts is not just about whether

the proposed service station will increase traffic and noise.

• An assessment of impacts must determine acceptability of the nature

and extent of identified impacts taking into account reasonable

expectations about development and use encouraged along the

highway corridor on a key transport route.

17 I address these matters below.

18 Having regard to other decision guidelines in clause 34.02 I make the

following further findings:

• There is no argument that the proposal would undermine the role of

the central commercial area.

• The proposal does not use the whole of the land. The northern lot is to

be landscaped and managed by the service station operator. There is

no other proposal for this land.4 As discussed at the hearing, it is

appropriate to limit access to it so that it does not serve as parking for

the service station. Bollards were suggested at the hearing.

• Given my findings below, I do not consider the proposal will impact

on the potential to develop No. 13 Wawunna Road for a

dwelling/dwellings, as was contended in respondents’ submissions.

That land is separated from the service station and any dwelling

design can seek to orient habitable spaces away from commercial

interfaces to the south and south-east (ie. hotel on the eastern corner of

Dimboola Road/Western Highway and Wawunna Road). It is relevant

that this lot abuts the C2Z and the interface setting is also relevant to

reasonable expectations as to what may occur within the adjacent

C2Z. The application before me is for a landscaped space separated

from the service station activities.

4 The northern lot was originally proposed as part of the service station/car wash but the proposal

was scaled down and redesigned through the application process before the Council.


Amenity impacts

19 Potential amenity impacts can arise from vehicle and people noise, lighting,

fumes, odour and traffic movement.

20 The adjacent motel residence is most likely to be affected by the proposal.

Other dwellings along Wawunna Road are separated from the subject land.

Existing dwellings on the west side of Wawunna Road are separated by that

part of the site that is not to be developed plus a vacant lot. Dwellings on

the east side of Wawunna Road are separated by the road. No. 2 Wawunna

Road is opposite the rear of an hotel and is separated from that site by

Henry Street. This southern section of Wawunna Road is a relatively

discrete pocket because of the railway line to the north that detaches it from

the northern stretch of Wawunna Road.

Noise

21 Noise sources include truck and car movements, fuel deliveries and rubbish

collection, operation of fuel pumping equipment, refrigeration and air

conditioning plant, air pump facilities.

22 The proposal includes a 4.2 metre high colorbond fence adjacent to the

dwelling on the motel site extending north to meet the control building.

The control building would abut the western site boundary with a wall

height of around 4.2 metres. The existing boundary fence is proposed to be

retained adjacent to the northern end of the control building through to a

right of way for waste collection. The plant area is shown on the plans with

a 2.1 metre high surrounding barrier. Existing boundary fences (shown in

my photograph below) are proposed to be retained around the northern lot.

The large tree will be retained.

Looking toward the motel and associated dwellings from the northern lot that forms part of the subject land.


23 The expert evidence confirms that the western colorbond fence is not

sufficient to mitigate noise to an acceptable level. Based on that evidence,

the acoustic fence must be constructed in a material that has the density and

qualities necessary for it to serve its acoustic function.5 This could include

materials such as timber, concrete, cement sheet, perspex or glass. A

combination of materials could be used.

24 In addition, managerial controls are recommended in the expert evidence:

• Deliveries and waste collection to specified hours.

• If complaints arise, closure of the western car spaces at night to

prevent rowdy or unreasonable behaviour in this area (noting the

spaces are for electric vehicle charging, staff and disabled access).

25 The applicant indicates that a window fuel-only service could be adopted.

26 The evidence concludes that, with the recommended mitigation measures

including acoustic fencing as per the recommendations, the predicted noise

levels will not exceed the recommended targets (Noise from Industry in

Regional Victoria (Recommended Maximum Noise Levels from Commerce,

Industry and Trade Premises in Regional Victoria, October 2011) [NIRV]).

27 Mr McHugh also carried out an assessment of potential noise impacts based

on the application of Griefahn sleep disturbance criteria and material in the

NSW EPA publication Environmental Criteria for Road Traffic Noise. The

assessment indicates that for normal vehicles, noise levels at five assessed

sensitive receivers would be less than the criteria relied upon.6 Levels

would be exceeded at three of the receivers when louder maximum noises

occur. These can include trucks refuelling (air brake), worst case cars (ie.

noisier than normal cars) and rowdy behaviour. That this might occur

infrequently is not regarded in the evidence to be unacceptable. This is

because the service station is not intended for larger trucks as high-flow

diesel and truck facilities are not proposed, there is already high traffic

noise exposure to the sensitive receivers at night, and the assessment

assumes the noisiest events are close to the western boundary. Measured 24

hour noise levels show overnight noise at the motel site frequently above

70dBLmax with multiple levels of 81-88dBLmax overnight. The predicted

maximum noise events for the worst case car and patrons are 68-72dBLmax.

The refuelling truck reaches 84dBLmax at the adjacent motel site but at

lower levels at the other receivers.

28 The Council does not consider the mitigation measures are sufficient to

protect residential amenity. It says the acoustic fence will have little or no

effectiveness in mitigating noise. The fence will have an unacceptable

visual impact on the locality and the amenity of the abutting land owners.

29 Respondents share these concerns. They identify other issues with respect

to multiple noise sources including people gathering in the outdoor area.

5 Set out in Mr McHugh’s statement of evidence, dated 26 September 2018, at section 6.0. Hours

limitation for fuel and other deliveries, and waste collection, are recommended in the evidence. 6 NSW EPA sleep disturbance at 60-65dBLmax.


30 Mrs Fitzgerald highlights the unpredictable and uncontrollable noise

overnight that will affect their health and well-being, and that of guests.

She contrasts the short-lived predictable and infrequent truck traffic noise

overnight with louder noise projected in the evidence. She is concerned

about vehicle movement via the driveway adjacent to a master bedroom

window. Respondents submit projected noise levels are beyond the sleep

disturbance criteria and this supports a limitation on the service station’s

operating hours. The respondents also seek a 4.2 metre fence around the

plant/waste enclosure, both to limit noise and visibility of the equipment

from the upper level motel rooms and pool area.

31 The basis for the assessment of noise impacts is clause 13 of the scheme

including clause 13.05-1S. It is policy, among other things, that planning

should aim to avoid or minimise natural and human-made environmental

hazards, environmental degradation and amenity conflicts. Strategies in

clause 13.05-1S include:

Ensure that development is not prejudiced and community amenity is

not reduced by noise emissions, using a range of building design,

urban design and land use separation techniques as appropriate to the

land use functions and character of the area.

32 Cited policy documents include Interim Guidelines for Control of Noise

from Industry in Country Victoria (Environment Protection Authority,

1989). The later version of this document is NIRV. The evidence and

parties rely on the later document, NIRV, with limits based on State

Environment Protection Policy (Control of Noise from Commerce, Industry

and Trade) No. N-1 (SEPPN-1) as Horsham is regarded as a major urban

area. The evidence assesses limits with respect to mechanical plant and also

deliveries and waste collection, including cumulative impacts. It is correct

that NIRV does not cover noise from people. Music noise is covered by

SEPPN-2 but that does not include car stereos. The potential for night-

time activity to cause sleep disturbance is another aspect of the assessment.

33 The analysis within the expert evidence is not challenged. It shows the

proposal, with the mitigation measures, can comply with NIRV and

SEPPN-1. This includes plant and extraction fans. Night-time is the key

point in dispute. The applicant’s position is that the occasional worst case

scenario is not excessive in a location that is currently subject to high noise

levels from traffic. Highway noise will be higher than the majority of

activities at the proposed service station.

34 The 24 hour data shows maximum noise peaks at very high levels.

Observations on my site visit to the Western Highway and environs late at

night and early morning are consistent with the evidence. Trucks passing

and stopping/starting at the traffic lights are part of this, as are trucks

moving along the main road. The service station will not exceed recorded

levels at the motel for rowdy patrons, worst case cars and normal vehicles.

Occasional customer truck refuelling when air brakes are used could occur

with higher noise levels; but at noise levels consistent with existing

measured noise levels overnight at No. 22 Dimboola Road (the motel).


35 Loud noise overnight is part and parcel of this highway location. That does

not mean excessive additional noise is acceptable. While the proposal is

likely to increase the number of noisy events, with the proposed mitigation

measures and some additional measures, the outcome will not significantly

change the noise environment. Those additional measures which can be

included as permit conditions are:

• Closing the western car parks between 11pm and 6am to the public

(ie. staff parking is acceptable) to separate the manager’s dwelling and

areas of customer activity with car doors and people noise.

• Closing the outdoor area between 11pm and 6am to limit the potential

for people to congregate late at night, mindful of the hotel opposite

with a 1am closing time.

36 The respondents stress that managerial controls are reactive. They also

refer to South Australian EPA guidelines for retail petrol stations with

respect to the lack of predictability of loud vehicles and patron behaviour. I

agree that there is a lack of predictability. In accepting this, I find

additional measures cited above are necessary to limit the potential for the

noisiest, unpredictable events, mindful of the land’s location to a hotel that

will operate into the early morning. On my assessment, these steps are

required upfront, rather than wait for issues to arise causing complaints.

37 The respondents refer to potential future action under section 31A of the

Environment Protection Act 1970 if noise issues are not addressed. I note

that point. Clause 34.02-2 has general amenity provisions that a use must

not detrimentally affect the amenity of the neighbourhood, including

through the “emission of noise, artificial light, vibration, smell, fumes,

smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or

oil.” The same is proposed as a permit condition in addition to a

commissioning acoustic report within six months of the use commencing.

These safeguards should also ensure that the use operates in an acceptable

way. They give recourse if required under the permit and the scheme.

38 A higher acoustic fence around the plant and refuse area, as suggested by

the respondents, is not considered necessary by Mr McHugh. This is the

case regardless of which way waste collection occurs (front or rear loading

waste collection vehicle). I refer to this again below in addressing the

visibility of the plant and refuse area from the motel. With waste collection

hours limited to 7am to 6pm weekdays and 7am to 1pm Saturdays, there is

no need for a higher fence for acoustic attenuation purposes. That is the

case when considering the potential for noise to affect the motel property as

well as existing dwellings in Wawunna Road.

39 A further source of increased noise arises from more traffic movement

around the land including the driveway from Dimboola Road/Western

Highway. Increased volumes from the proposed service station are

reasonably expected with the use and development patterns contemplated

by the scheme for this location. That is because the area is targeted for

more uses requiring constant vehicle access for customers.


40 Egress from the service station into Wawunna Road is opposite the hotel.

Based on Mr Davies’ evidence, the overwhelming majority of vehicles will

be highway users that are expected to travel back to the signalised

intersection rather than use the local street network. I do not consider this is

a broader general amenity impact that warrants refusal of a permit.

Impacts from the acoustic fencing on the motel’s residence

41 The Council and respondents refer to the loss of daylight and sunlight

caused by the proposed acoustic fencing, as well as the significant visual

presence of the fencing. This would affect the east side of the motel

residence and its private open spaces to the side and front of the dwelling.

42 The respondents submit that the top 1.2 metres of the 4.2 metre high fence

should be clear perspex and ask for the lower section to be

patterned/textured concrete. The applicant does not oppose these requests.

43 The proposed fence is a high element that, in a residential setting, may well

be unacceptable, as Mr Linke indicated in his evidence. The subject land

and the adjacent motel are, however, in the C2Z where large industrial and

other structures occur and are expected as the corridor evolves in line with

policy. Solid wall forms are seen along the Western Highway and more

will occur in time. The fence would commence in line with the front

setback of the motel’s dwelling. An existing 1.8 metre high colorbond

fence forward of this point would remain which is consistent with the high

colorbond fence that encloses the front private open space to the dwelling.

44 If not for a clear panel at the top section of the fence, the outcome would

significantly deplete daylight and sunlight to the motel’s service area and

several windows. That is likely even though solar access to the east side of

the dwelling is currently limited because of single storey structures and a

tree on the subject land. A narrow section of open space with a clothesline

is located along the east side of the dwelling with access from that side of

the dwelling from habitable space. This external space is essentially a

service area with the primary open space and living room windows facing

toward Dimboola Road. Upper level east-facing windows are all to non-

habitable spaces. The eastern interface is seen in my photographs below.


45 The acoustic fence would remove some sunlight to the lower part of the

dwelling and remove some sunlight to the clothesline early in the day.

Shadow diagrams presented through Mr Linke’s evidence show shadowing

of the lower half of the dwelling’s eastern wall face at 9am at the

September equinox. This would move off the wall face by around 9.30am

(also then clear of the clothes line). At 10am, the shadow would be

approximately half-way across the side service/setback area which would

then be free of shadow by 11am. The front open space area to the dwelling

is wider so less of the total area would be affected.

46 I am not persuaded that the impact is unacceptable given the expectation

that the subject land would be developed for commercial purposes. Some

sunlight access would remain to the external service area. Key habitable

rooms (such as bedrooms), the front living room, and kitchen have windows

in other wall faces (rather than to the east). A clear panel at the top of the

acoustic fence would reduce the impact on the upper level non-habitable

spaces (eg. stairwell) and would reduce the impression of visual bulk.

Solar access to the motel’s pool and solar heating panels

47 The control building is proposed to abut the western site boundary. This is

adjacent to the motel’s pool and a single storey carport with solar heating,

shown in my photograph below. The pool is said by Mrs Fitzgerald to be

the motel’s selling point during Horsham’s hot summers. She is concerned

that the control building will reduce sunlight to the pool and limit sun

exposure to the solar heating equipment on the carport.

48 My photograph was taken shortly after 9am on 21 October (daylight

savings time). A pole behind a chair has been placed adjacent to the fence

by the respondents to demonstrate the wall height of the control building.

This is consistent with images they presented at the hearing.

Carport

with solar

equipment

atop


49 The shadow diagrams presented through Mr Linke’s evidence show the east

side of the pool would be shaded at 9am with all shadow clear of the pool

by 10am at the September equinox. The solar heating panels would not be

affected at any time after 9am.

50 At the hearing, the applicant suggested stepping the western wall of the

control building for a horizontal distance of 2 metres down to a boundary

height of 3850mm. This could be tapered instead. Such a modification

would reduce sunlight loss, by around 0.5 metre at 9am at the September

equinox. This would improve the outcome as well as reduce the perceived

scale of the wall. The respondents seek the wall to be finished in the same

colour as the control building. This is not opposed by the applicant.

Light emissions

51 The impact of lighting and digital illuminated signage is another negative

impact identified by parties opposing the permit application.

52 Mr Graham’s evidence on behalf of the applicant is that the proposal will

meet the relevant Australian Standard (AS4282-1997). That is, the

proposal will not cause unreasonable light spill, based on the Australian

Standard. The illuminated signage meets VicRoads’ advertising signs

policy. Mr Graham’s evidence is that the existing street lighting would

have a greater impact on nearby dwellings than the proposal.

53 The technical assessment in the evidence is not challenged. I note it is

based on a worst case scenario with respect to the signage and does not take

account of street lighting which would reduce glare impacts. I am satisfied

on the evidence that there would not be unreasonable light spill. A lighting

plan is, however, desirable to address lighting associated with the plant and

refuse area, lighting associated with the control room wall and to the

external sitting area. This can be addressed by a permit condition.

Waste collection and delivery arrangements

54 A right of way is between the two lots that comprise the subject land. The

proposed waste collection and plant area abuts this lane. Waste collection

would occur via a front end loader. As explained through Mr Davies’

evidence, there are front loader and rear loader options. Either can work

with a modified crossover based on the evidence including a plan in

Appendix A to the evidence. This avoids a power pole on Wawunna Road.

I accept the evidence that waste collection arrangements are workable.

55 Mrs Fitzgerald suggests strict hours be placed on deliveries, waste

collection, petrol delivery and when staff can access the refuse bay. This is

addressed through the acoustic evidence and will be required by conditions.

56 At the hearing it was suggested that the refuse and plant area be covered to

limit the visibility of these spaces from motel rooms. It is not possible to

fully enclose these areas. I do not consider more is required than the 2.1

metre acoustic barrier as there will not be a high degree of visibility from

the motel rooms. It is open to the motel operator to supplement the barrier.


Fumes and odour

57 Several potential sources of odour and fumes include fuel, waste/refuse and

any preparation/heating of food. The location of the fuel ventilation pipe is

not shown on the plans.

58 I am satisfied that the general amenity provisions referred to above can

address these matters together with control through other legislation.

Further details about ventilation can be provided by permit conditions.

Traffic and site layout

59 The Council and respondents consider the proposal will cause traffic

congestion in Wawunna Road and will affect the flow of traffic around the

land. Concerns relate to the movement of traffic into and out of the site,

within the site, and for queuing.

60 The way in which the site will operate was explained at the hearing

including through traffic evidence. The service station is not designed for,

or proposed to be used by, heavy trucks that require high flow diesel. No

gas is proposed. I am satisfied that the layout is workable, including for

ingress and egress, potential queuing within the site, and turning within the

site. There would not be demonstrable accident or safety issues. Signage

can make clear the way in which vehicles must enter and leave.

61 Given more car spaces are provided on-site than necessary, based on Mr

Davies’ evidence, deletion of two southern car spaces adjacent to the

western boundary wall is acceptable. As also discussed at the hearing,

relocation of the disability access car park to the front of the entrance to the

control building would provide a safer and more convenient option for users

of that space. Some increased parking in Wawunna Road could occur, such

as by people picking up convenience items at the control building, but this

is not unreasonable. Closure of the western car spaces overnight for public

use is acceptable without displacing cars into the local road network, based

on Mr Davies’ evidence.

62 VicRoads does not oppose the permit application. If necessary, a bus stop

can be shifted slightly as Public Transport Victoria accepts.

OTHER MATTERS

63 Mrs Fitzgerald contends the proposal will adversely affect the motel

business because of noise, traffic and other impacts. It will, she submits,

limit the desirability of the business as an accommodation provider.

Although I understand how these arguments have been put,7 no evidence

has been presented to demonstrate specific, qualitative or quantitative

economic impacts. For reasons given above, I have found that the proposal

will not significantly change the already-noisy overnight situation. Having

regard to the commercial setting, the impacts are not unreasonable subject

to mitigation measures required by conditions.

7 They have not expressly been put as impacts on the basis of sections 60(1)(f) and 84 of the

Planning and Environment Act 1987.


64 Respondents identify other concerns about the proposal. I briefly address

these matters next:

• The potential for cars to use the western parking bays and knock down

the fence. Mrs Fitzgerald suggests bollards should be installed to

prevent this danger. The plans show wheel stops and this should be

sufficient to address the concern.

• Structural integrity of the motel dwelling because of the installation of

large petrol tanks. This is a building matter and addressed through

that legislation.

• Location of the fuel tanks close to the dwelling in terms of fumes, fire

and explosions. Mrs Fitzgerald suggests that the tanks be positioned

further away from the dwelling. Safety considerations associated with

the fuel tanks are addressed through other legislation.

• Effect on the motel’s pool with construction. This is a building matter

and addressed through that legislation.

• Damage to the road surface in Wawunna Road because of increased

traffic. This is a matter for the road authority but I note there is no

objection by the Council on this ground.

• Increased pollution. To the extent that additional pollution may be

noticed, this is not a reason to refuse a permit. I have referred earlier

to general amenity obligations that apply.

• Impact on property values and rental return on the motel business.

There is no evidence in support of these submissions. I have found

that the amenity of the dwelling and motel, and other residences in the

area, will not be unreasonably affected in the strategic context that

applies.

65 At the hearing, the Council suggested the subject land should be

consolidated. This is opposed by the applicant. I also do not consider this

to be essential having regard to the way in which the site is laid out and

intended to operate. Other conditions were discussed at the hearing, such as

tree protection when the acoustic fence is built. I do not recite them all;

they are reflected in the conditions in Appendix A with the additional

conditions I require in accordance with the above findings.

NET COMMUNITY BENEFIT

66 In cases such as this where there are potentially competing planning

policies and outcomes, the scheme requires that decisions are made in

favour of net community benefit and sustainable development for the

benefit of present and future generations. The proposed service station is

on a key highway corridor, on an arterial road with satisfactory access, in a

location that is convenient to likely users, and on a site zoned Commercial 2

where such uses are encouraged to be sited by the scheme. There is

strategic justification for the use of the land as proposed.


67 Subject to permit conditions that seek to limit unreasonable impacts on the

adjacent motel and wider surrounding area, I find the proposal is an

acceptable response to the land’s physical and strategic contexts. Limiting

hours as requested by the Council and respondents may allay concerns and

fears but, on the material before me, the proposed 24 hour operation will

bring change that is within reasonable expectations having regard to the

existing acoustic environment and the strategic context that directs growth

in commercial and vehicle-based uses to this area.

CONCLUSION

68 For reasons given above, I will set aside the decision made by the

Responsible Authority. A permit is granted subject to the conditions in

Appendix A.

Margaret Baird

Senior Member


APPENDIX A

PERMIT APPLICATION NO 2016-42-1

LAND 20 Dimboola Road & 11 Wawunna Road,

Horsham

WHAT THE PERMIT ALLOWS

In accordance with the endorsed plans:

• Use of the land as a Service Station in the Commercial 2 Zone


• Buildings and Works (including landscaping) in the Commercial 2


• Erect and display of business identification signage (including



• Create access to a Road Zone - Category 1 pursuant to Clause 52.29.

CONDITIONS

Amended plans for endorsement

1 Before the development starts, amended plans to the satisfaction of the

Responsible Authority and, for 1(j) below, Public Transport Victoria 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 (3) copies must

be provided. The plans must be generally in accordance with the plans

(comprising 4 sheets) prepared by ADS Architects dated 27 August 2018

but modified to include and show the following:

(a) Materials, finishes and colour schedule in accordance with

Condition 3.

(b) A landscaping plan prepared in accordance with Condition 4.

(c) A management plan detailing:

i closed circuit vapour extraction for fuel deliveries;

ii incidents or notifications that will trigger window fuel service

only at the subject land;

iii closure of the western car spaces to the public between 11pm

and 6am;

iv closure of the outdoor seating area between 11pm and 6am.

(d) Deletion of two southern car spaces adjacent to the western boundary

wall and relocation of the disability access car park to the front of the

entrance to the control building;


(e) Deletion of the words ‘vacant (not part of this application)’ from the

northern lot located at 22 Wawunna Road.

(f) Insertion of bollards on the northern lot at 22 Wawunna Road adjacent

to the right of way such that the width of the right of way is at least 1

metre or other safe distance from the lot boundary to permit vehicle

loading and unloading from the right of way but to prevent vehicle

access to the northern lot from the right of way.

(g) Tapering or stepping of the western control building roof for a

horizontal distance of 2 metres down to a boundary height of 3850mm

at the western wall, with the western face of the wall to be finished in

the same colour as the control building.

(h) A lighting plan for the site that includes lighting for the plant and

refuse enclosure.

(i) The location of all extraction fans and vents.

(j) If required by Public Transport Victoria, the existing bus stop on

Dimboola Road relocated east towards Wawunna Road (to ensure the

rear door of a stopped bus does not overhang the crossover) and

upgraded to include:

i A concrete hard stand area for passengers, tactile ground surface

indicators and a paved pedestrian path connecting to the

Dimboola Road footpath in accordance with PTV’s standard

drawings (STD_S0062 dated 12/8/2014 and STD_S0063 dated

12/8/2014);

ii A bus stop pole, flag and timetable case in accordance with

PTV’s standard drawings (STD_S0062 dated 12/8/2014 and

STD_S0063 dated 12/08/2014);

iii A Disability Discrimination Act (DDA) compliant bus shelter

located a sufficient distance from the end of the parking bay to

ensure a bus has room to pull out safely.

Layout Not Altered

2 The use and development as shown on the endorsed plans must not be

altered without the written consent of the Responsible Authority.

Materials, Finishes and Colours

3 Before the development starts, a schedule of external materials, finishes and

colours shall be submitted to the Responsible Authority for its approval and

endorsement including design specifications for an acoustic wall on the

western boundary of the subject land that includes the following finishes

and materials:

(a) Perspex treatment above a 3 metre high wall to a height of 1.2 metre,

being 4.2 metres height in total.


(b) Textured concrete finishings on both the eastern and western side of

the acoustic wall adjacent to the manager’s residence at No. 22

Dimboola Road (adjacent motel site) and the 2.1 metre high acoustic

wall at the western end of the right of way adjacent to the waste

collection/plant area.

(c) 100 mm thick concrete precast material.

Landscape Plan

4 Before the development starts, a landscape plan to the satisfaction of the

Responsible Authority must be submitted to and approved by the

Responsible Authority. The plan must be prepared by a suitably qualified

person to the satisfaction of the Responsible Authority. When approved, the

plan will be endorsed and will then form part of the permit. The plan must

be drawn to scale with dimensions and three (3) copies must be provided.

The plan must show:

(a) A survey (including botanical names) of all existing vegetation to be

retained and/or removed.

(b) Details of all surface finishes of pathways and driveways.

(c) A planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, size at planting,

sizes at maturity, and quantities of each plant.

(d) Three (3) canopy trees on the site in locations approved by the

Responsible Authority. The canopy trees must achieve a minimum

height of 6.0 metres.

(e) The provision of three (3) street trees within the Wawunna Road road

reservation in locations approved to the satisfaction of the Responsible

Authority. These trees shall not exceed a maximum height of 6.0

metres at maturity.

(f) Following assessment by an arborist, any recommended vegetation

protection measures regarding the vegetation located on the south-

western side of the western boundary wall in the front garden area in

front of the motel residence at 22 Dimboola Road and adjacent to the

subject land.

(g) Turf management measures to be carried out on the northern Lot 1 (22

Wawunna Road).

(h) Landscaping treatment for the former car park spaces proposed for

deletion in accordance with condition 1(d) above.

(i) All plant and tree species selected must be to the satisfaction of the

Responsible Authority.

Completion and Maintenance of Landscaping Works

5 Prior to the use commencing, all landscape works forming part of the

approved landscape plan must be completed to the satisfaction of the


Responsible Authority. The landscaping shown on the approved landscape

plan must be maintained to the satisfaction of the Responsible Authority for

a period of 18 months from the practical completion of the landscaping.

During this period, any dead, diseased or damaged plants or landscaped

areas are to be repaired or replaced during this period and must not be

deferred until the completion of the maintenance period.

Amenity

Delivery Times and Circulation

6 Unless otherwise approved by the Responsible Authority in writing, the

delivery of fuel to the site must only take place between the hours of

7.00am and 6.00pm on any weekday or 7.00am and 1.00pm on Saturday.

7 Unless otherwise approved by the Responsible Authority in writing:

(a) All trucks delivering either fuel or goods to the site must exit the site

via Wawunna Road with a right hand turn movement towards

Dimboola Road (Western Highway).

(b) Exit signs providing that only right hand turn movements out of the

site towards Dimboola Road are permitted from the southern two-

directional crossover on Wawunna Road in accordance with Condition

7(a) are to be installed to the satisfaction of the Responsible

Authority;

(c) Trucks collecting waste may only enter the site from the northern

crossover from Wawunna Road marked ‘right of way’ on the plans

(comprising 4 sheets) prepared by ADS Architects dated 27 August

2018.


(a) All waste collection must be between the hours of 7.00am and 6.00pm

on any weekday or 7am and 1.00pm on Saturday; and

(b) Waste collection vehicles must exit the site on Wawunna Road with a

right hand turn movement towards Dimboola Road (Western

Highway).


(a) No deliveries may occur between the hours of 10pm and 7am; and

(b) Any non-fuel deliveries must occur between the hours of 7.00am and

10.00pm on any weekday or 7.00am and 1.00pm on Saturday.

10 No delivery vehicle exceeding 19 metres in length may enter the service

station site.

Noise

11 Noise emissions from the site must not exceed the standards set out in the

State Environment Protection Policy (“Control of Noise from Commerce,


Industry and Trade”) No. N-1 to the satisfaction of the Responsible

Authority.

12 Within six (6) months of the use hereby permitted commencing, the permit

holder must engage a suitably qualified noise consultant to measure, record

and report on the typical noise levels emanating from the use against the

prescribed noise limits prescribed in the State Environment Protection

Policy (“Control of Noise from Commerce, Industry and Trade”) No. N -1.

A copy of that report and its results must be provided to the Responsible

Authority and shall thereafter be available to the public.

13 Air conditioning units, ventilation fans, plant and other mechanical systems:

(a) Must be located, shielded or acoustically treated or placed in

soundproof housing so that the noise levels from such devices does

not prejudicially affect the amenity of the area to the satisfaction of

the Responsible Authority.

(b) Must not be located on the control building roof.

(c) In connection with the toilet must only be operated by switch in

connection with the light switch for the toilet and may not be

separately operated.

(d) Proposed to be located in the area designated ‘refuse and plant

enclosure’ on the plans (comprising 4 sheets) prepared by ADS

Architects dated 27 August 2018 must be appropriately housed.

14 All security alarms or similar devices installed on the land must be of a

silent type in accordance with any current standard published by Standards

Australia International Limited and be connected to a security service.

15 No external sound amplification equipment or loudspeakers may be used

for the purpose of announcemenst other than emergency announcements,

broadcast, playing of music or a similar purpose.

16 Unless with the prior written consent of the Responsible Authority, the

western car spaces must be closed to the public between 11pm and 6am and

the outdoor seating area must be closed between 11pm and 6am.

General Amenity

17 The approved use and development must be managed so that the amenity of

the area is not detrimentally affected, through the:

(a) transport of materials, goods or commodities to or from the land;

(b) appearance of any building, works or materials;

(c) emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

or

(d) the presence of vermin

to the satisfaction of the Responsible Authority.


18 All external lighting must be designed, baffled and located to the

satisfaction of the Responsible Authority to prevent any adverse effect on

adjoining or nearby land.

19 All business advertising signs must not contain any flashing light.

20 All business advertising signs must be constructed and maintained to the

satisfaction of the Responsible Authority.

21 All materials and goods stored on the site must be stored in such a manner

so as not to cause unsightliness to persons on adjoining or nearby land, to

the satisfaction of the Responsible Authority.

22 All waste and the remnants of solid waste materials used or produced on the

site must be stored and removed from the site and disposed of in such a

manner as to avoid any nuisance, pollution or offence to the satisfaction of

the Responsible Authority.

23 Covered and enclosed places of storage for waste and waste containers must

be set aside within the development, to the satisfaction of the Responsible

Authority.

24 The operators of the use must undertake an active program of litter

prevention to minimise the impact of litter on the surrounding area, to the


25 The delivery, dispatch, loading and unloading of goods from vehicles must

be carried out entirely within the property boundaries. The loading and/or

unloading of goods or products from within the Dimboola or Wawunna

Road road reserves is prohibited.

26 All fencing including acoustic fencing must be maintained to the


27 Before the use starts, the development must be connected to reticulated

water supply, sewerage, drainage, telecommunications and underground

electricity to the requirements of the relevant servicing authority and to the


28 During construction, the permit holder must take all actions and use its best

endeavours to prevent the discharge of dust and sediment during the

construction and post construction activities at the premises. In addition,

construction activities must be undertaken in accordance with the EPA

guideline titled ‘Environmental Guidelines for Major Construction Sites’

(EPA publication No. 480, December 1995).

29 All construction activities, including the storage of materials and the

parking of construction vehicles, are to be undertaken on the site. The

storage of building goods and associated items shall be kept wholly upon

the site and not on adjacent Council owned land or road reserves unless

approved in writing by the Council.


Access

30 The vehicle crossings from Wawunna Road to the site boundary must be

constructed in accordance with Council’s standard specifications for the

construction of vehicle crossings, to the satisfaction of the Responsible

Authority. Any new vehicle crossing(s) must be provided to the satisfaction

of the Responsible Authority and in accordance with Council’s Standard

Drawing Number STD 39 (Industrial).

31 All required vehicle crossings must be constructed at the full cost of the

permit holder and once constructed, be maintained to the satisfaction of the


32 All disused or redundant vehicle crossings must be removed and the areas

reinstated back to kerb and channel to the satisfaction of the Responsible

Authority.

33 No works shall be undertaken within the Council’s declared road reserve

without first obtaining a Council Road Opening Permit and Vehicle

Crossing Permit.

Car Parking

34 Before the development starts, three (3) copies of construction plans must

be prepared by a suitably qualified civil/traffic engineer and submitted to

the Responsible Authority for approval. These plans must detail all civil

works associated with the development including footpaths, kerb and

channel design, pedestrian links, car parking spaces, loading bays and waste

storage areas. Once approved, the plans will be endorsed and will then form

part of the permit. All works constructed or carried out must be in

accordance with those plans to the satisfaction of the Responsible

Authority.

35 Before the use starts, all car spaces and access lanes associated with the

development must be constructed, drained, sealed and line marked so that

they can be used in accordance with the endorsed plans, to the satisfaction

of the Responsible Authority.

36 Parking areas and access lanes associated with the use must not be used for

any other purpose without the written consent of the Responsible Authority.

37 The access lanes serving the car park must be left open at all times during

business hours and must not be used for any purpose other than providing

vehicular access between the street and the parking spaces and other site

areas.

38 All vehicles under the control of the operator of the use or the staff of the

operator must be parked on the site and not within the adjoining road

reserves.

39 Signs to the satisfaction of the Responsible Authority must be provided

directing drivers to the area(s) set aside for car parking and electric vehicle

charging stations, and must be located and maintained to the satisfaction of


the Responsible Authority. The area of each sign must not exceed 0.3

square metres.

40 Appropriate signs must be erected to assist the direction and movement of

traffic both through and around the site to the satisfaction of the


41 Any reasonable costs associated with the erection of traffic signs or works

on the road reservations required as a result of complying with the

requirements of this permit must be met by the operator of this permit.

42 Protective kerbs must be provided to the satisfaction of the Responsible

Authority to prevent damage to fences or landscaped areas.

Drainage

43 The development must be drained to the satisfaction of the Responsible

Authority.

44 Drainage discharge from the building and impervious surfaces must be

managed within the boundaries of the subject land to the satisfaction of the


45 Drainage of the car parking areas associated with the development must be

constructed in such a manner so as to prevent contaminated surface waters

from entering stormwater drains or waterways to the satisfaction of the


46 Litter screening devices must be installed on all stormwater drainage lines

and pits to prevent litter from entering stormwater drains. Such devices

must be maintained on a regular basis by the operator of the use to the

satisfaction of the Responsible Authority by the regular emptying of litter

baskets and traps.

47 Before the works commence, detailed civil construction plans must be

prepared to the satisfaction of the Responsible Authority for endorsement

by the Responsible Authority. All construction plans submitted for

approval must be consistent with this permit and must conform with the

requirements of all relevant servicing and road authorities, and in particular

water, sewerage, drainage, telecommunications, power, VicRoads and

Council. The plans must be drawn to scale with dimensions and three

copies must be provided. Once approved the plans will be endorsed and will

then form part of the permit.

48 Stormwater from the roof of any structure must be drained through a legal

point of discharge. Discharge is to be to Council’s underground drain

system, concrete gutter/channel (using a standard adapter) or open earth

spoon drain as applicable.

49 An on-site stormwater detention system is required in order to discharge

into Council’s existing drainage system. The Developer must provide

computations to Council’s satisfaction which show how the permissible rate

of discharge and the volume of on-site detention have been determined and


demonstrate that Council’s existing drainage system will not be adversely

impacted by the development.

50 Any relocation or reconstruction of existing service assets in the road

reserve must be at the full cost of the developer.

Waste Water Management

51 The use and development must comply with the Code of Practice, "The

Control of Water Effluent from Service Stations ", AIP CP1-1992,

Australian Institute of Petroleum Ltd in relation to the design, construction

and operation of the petrol station.

52 A settlement and oil separation system must be installed in order to treat

water drained from the sealed surfaces on the site into the drainage system.

The system must be to the satisfaction of the Responsible Authority and the

Environment Protection Authority.

Sediment Control

53 The permit holder must restrict sediment discharges from any construction

sites within the land in accordance with Construction Techniques for

Sediment Pollution Control (EPA 1991) and Environmental Guidelines for

Major Construction Sites (EPA 1995).

GWM Water

54 A Trade Waste Agreement is required to be completed to GWM Water’s

satisfaction in accordance with the relevant Trade Waste By Law, and any

associated requirements, prior to commencement of any new or altered

Trade Waste discharge to GWM Water’s sewerage system.

Public Transport Victoria

55 The permit holder must take all reasonable steps to ensure that disruption to

the bus operations along Dimboola Road are kept to a minimum during the

construction of the development. Foreseen disruptions to bus operations and

mitigation measures must be communicated to Public Transport Victoria

fourteen days (14) prior.

56 The bus stop, shelter and all associated works must be constructed to the

satisfaction of Public Transport Victoria and at no cost to Public Transport

Victoria prior to the occupation of the buildings hereby approved.

57 Prior to the occupation of the buildings or works hereby approved, the bus

stop and all associated works must be provided and available for use and be

compliant with the Disability Discrimination Act – Disability Standards for

Accessible Public Transport 2002.

58 If a temporary bus stop in an alternative location is required during

construction, the temporary bus stop must be provided in consultation with,

and to the satisfaction of Public Transport Victoria. Once the new stop is

deemed suitable for operation, the temporary stop must be removed in

consultation with Public Transport Victoria. All works associated with the


temporary bus stop must be provided at no cost to Public Transport

Victoria.

59 Public Transport Victoria requires notice of the relocation of the existing

bus stop and all associated infrastructure two weeks prior to relocation.

VicRoads

60 The luminance of advertising signs must be such that they do not give a

veiling luminance to the driver, of greater than 0.25 cd/m², throughout the

driver’s approach to the advertising signs.

61 Prior to commencement of the erection of an advertising sign a lighting

report from a suitably qualified lighting engineer demonstrating how the

lighting output prescribed at Condition 60 will be achieved must be

provided to VicRoads for approval. When approved, the report will form

part of the planning permit and the sign must at all times operate in

accordance with the report.

62 The developer must construct the access to the Western Highway to the

satisfaction of VicRoads and Horsham Rural City Council.

Permit Expiry

63 This permit will expire if one of the following circumstances applies:

(a) The development and the use are not started within two (2) years of

the date of this permit.

(b) The development is not completed within four (4) years of the date of

this permit.

(c) The use is discontinued for a period of two (2) years.

In accordance with section 69 of the Planning and Environment Act 1987,

before the permit expires or within six (6) months afterwards the owner or

the occupier of the land to which this permit applies may ask the

Responsible Authority for an extension of time.

The owner or occupier of land to which this permit for development applies

may ask the Responsible Authority for an extension of time to complete the

development if the request for an extension of time is made within 12

months after the permit expires; and the development started lawfully

before the permit expired.

--End Conditions--

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