Greater Geelong C398ggee Geelong Waterfront Safe Harbour ... · GREATER GEELONG PLANNING SCHEME 6...

GREATER GEELONG PLANNING SCHEME

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Greater Geelong Planning Scheme

Geelong Waterfront Safe Harbour Precinct Project

July 2019

Incorporated Document


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1.0 INTRODUCTION

This document is an Incorporated Document in the Greater Geelong Planning Scheme (planning

scheme), pursuant to section 6(2)(j) of the Planning and Environment Act 1987.

The land identified in Clause 3.0 of this document may be used and developed in accordance with the

specific controls and conditions contained in Clause 4.0 of this document.

The controls in this document prevail over any contrary or inconsistent provision in the planning

scheme.

This document is an Incorporated Document to the schedule to Clause 45.12 and the schedule to

Clause 72.04 of the Greater Geelong Planning Scheme.

2.0 PURPOSE

This Incorporated Document facilitates the staged delivery of the Geelong Waterfront Safe Harbour

Precinct Project (the project).

The purpose of the controls in this document is to allow the use and development of land described

in Clause 3.0 of this incorporated document for the purposes of the project as generally described in

the Geelong Waterfront Safe Harbour Precinct – Public Access & Infrastructure Development Project

Master Plan, May 2019.

3.0 LAND

The controls in this document apply to the following land parcels as shown on Map 1 and mapped as

“SCO2” on Greater Geelong Planning Scheme map no. 50SCO:

- Part of Crown Allotment 2036 (SPI 2036\PP2454)

- Part of Crown Allotment 31 (SPI 31~86A/PP5311)

- Part of Crown Allotment 2026 (SPI 2026\PP5311)

- Part of Crown Allotment 18 (SPI 18~39\PP5311)

- Part of Corio Bay, under the management of the Geelong Port.


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Map 1

4.0 CONTROLS

4.1 Exemption from Planning Scheme Requirements

Despite any provision to the contrary or any inconsistent provision in the planning scheme, no

planning permit is required for, and no planning provision in the planning scheme operates to prohibit,

restrict or regulate the use and development of land for the purposes of the project as outlined in

Clause 4.2.

4.2 Use and Development

The project includes the following uses and development in accordance with the approved plans:

a) Primary use of land as:

i. Recreational boat facility

ii. Education centre.

b) Ancillary uses (must be associated with the primary use of the land), including:


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i. Accommodation (restricted to accommodation associated with sailing events,

school and education programs)

ii. Place of assembly (excluding amusement parlour, carnival, cinema, circus, drive-in

theatre, nightclub and place of worship)

iii. Office

iv. Food and drink premises

v. Shop (excluding adult sex product shop, beauty salon, bottle shop, dry cleaning

agent, department store, hairdresser, laundromat, restricted retail and

supermarket).

c) Construction of a building or construction or carrying out of works (restricted to a maximum

height of 15 metres above RL 1.5 m).

d) Ancillary activities including, but not limited to:

i. Reduction of car parking requirements of Clause 52.06 (Car Parking)

ii. Reduction of bicycle facility requirements of Clause 52.34 (Bicycle Facilities)

iii. Construction or display of a business identification, direction, or promotion sign

(associated with events)

iv. Buildings and works to install environmentally sustainable design features, including

solar panels and rainwater tanks

v. Sale and consumption of liquor

vi. Landscaping works

vii. Creation of easements

viii. Roadworks and public realm streetscape upgrade works.

This incorporated document does not exempt the project from the requirements of Clause 52.28

(Gaming) of the Greater Geelong Planning Scheme.

The land may be used and developed for the purposes of the project, subject to the conditions in

Clause 4.3 and must be in general accordance with the Strategic Framework Plan at Attachment 1 of

this Incorporated Document and the vision, principles, strategies and concept design plans contained

in the Geelong Waterfront Safe Harbour Precinct – Public Access & Infrastructure Development Project


The project may be approved and developed in stages.

For the purposes of the project the responsible authority is the Greater Geelong City Council.

4.3 Conditions

The use and development permitted by this incorporated document must be undertaken generally

in accordance with the conditions set out below.

Plans submitted for approval must include an assessment of how the proposal is generally in

accordance with the vision, principles, strategies, concept design plans and Strategic Framework

Plan of the Geelong Waterfront Safe Harbour Precinct – Public Access & Infrastructure Development

Project Master Plan, May 2019.


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Prior to submission to the responsible authority, detailed plans relating to all new buildings and

works (excluding the Stage 1A elements) must be referred to and considered by the Office of the

Victorian Government Architect. Plans submitted to the responsible authority for approval must be

accompanied by a written statement explaining how the comments of the Office of the Victorian

Government Architect have been addressed.

4.3.1 Stage 1A on water-works (wave attenuator and floating marina arm and pens)

The following conditions apply to Stage 1A on water works.

a. Stage 1A Approved Plans

The plans in Attachment 2 forming part of this incorporated document are the approved

plans for the purposes of the development of Stage 1A on-water works.

b. Public Access Management Plan

Prior to completion of the development of Stage 1A on-water works, a Public AccessManagement Plan must be prepared and approved to the satisfaction of the responsibleauthority. The plan must include:

The designated areas for public pedestrian access on the wave attenuator

Any conditions or restrictions for access to the wave attenuator for the public and

users of the safe harbour

Access times

Procedures for closure and management of the wave attenuator.

Once approved, the Public Access Management Plan must be implemented to thesatisfaction of the responsible authority.

c. Wave Attenuator Access and Gate Plans

Prior to the commencement of development, a plan showing the proposed access

arrangements onto the wave attenuator must be submitted to and approved by the

responsible authority. When they are endorsed, they will then form part of the approval and

must be implemented to the satisfaction of the responsible authority. The plan must show

the location of the proposed access gate, elevations of the gate structure and details of

materials and finishes. The gate must be visually permeable when closed.

4.3.2 Future Stages

The following conditions apply to all future stages of development.

1. Plans Required Prior to Commencement of Development

Prior to the commencement of development, the following plans/reports, as relevant, must be

submitted to and approved by the responsible authority. When they are endorsed, they will then

form part of the approval and must be implemented to the satisfaction of the responsible authority.


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The plans must be generally in accordance with the Strategic Framework Plan at Attachment 1 and

the vision, principles, strategies and concept design plans contained in the Geelong Waterfront Safe

Harbour Precinct – Public Access & Infrastructure Development Project Master Plan, May 2019.

The use and development as shown on the endorsed plans and reports must not be altered without

the written consent of the responsible authority.

1a) Layout Plan

A Layout plan drawn to an appropriate scale with dimensions that details, as relevant:

Location of proposed buildings and works

Title boundaries

All vehicle access, driveways, vehicles crossings, parking and loading arrangements

Levels and contours

Cross sections and elevations of buildings, including details of finished height levels

relative to existing ground level (shown to AHD or RL levels)

Internal layout of proposed buildings

Any proposed signs visible to the public realm (i.e. not internal to the marina yards),

including any supporting structures. The plan should show where on the site the

signs are proposed, elevations of the signs, types of signs, any proposed illumination

and details of content

The location and details of any proposed land infill/reclamation

A summary of all proposed uses, including floor areas and the maximum number of

patrons/students

A red line boundary identifying the different areas proposed to be licenced for the

sale and consumption of liquor, including the type of liquor licence

Any modifications or requirements arising from the approved Universal Access Plan,

Services Plan, Waste Management Plan, Sustainability Management Plan, Traffic

Assessment, Acoustic Report or Crime Prevention Through Environmental Design

Report.

1b) Staging Plan

If staging of the project is proposed, a staging plan must be provided.

1c) Public Access Management Plan

A public access management plan that includes:

The timing, frequency and extent of any public access through the marina yard, and

any necessary management arrangements

Any risks that may affect public access through the marina yard

The designated safe areas/routes for public pedestrian access in and around the

marina yard, which prioritises access to the water edge

The number of days and times that public access will be made available

The methods to manage public safety during times of access

1d) Universal Access Plan


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A Universal Access Plan prepared by an accredited access consultant in accordance with

Australian Standard AS1428. Any recommendations of the Universal Access Plan must be

implemented into the design.

1e) Acoustic Report

An acoustic report prepared by a qualified consultant that documents the required acoustic

mitigation measures to be implemented to satisfy the requirements specified in the State

Environmental Protection Policy – Control of Music Noise Prom Public Premises No. N-2 (or

as amended) and to ensure an appropriate interface between sensitive uses (including

accommodation associated with the sailing school and existing accommodation uses in

Brougham Street) and the development is maintained.

Any recommendations in the acoustic report must be implemented to the satisfaction of the

responsible authority.

1f) Schedule of Construction Materials and Finishes

A schedule of external materials and finishes for the following, as applicable:

public walkway/s and viewing platform/s

jetty

pontoons

buildings and structures, including roofs

seating, lighting, fencing.

Materials that will be underwater should be designed to encourage marine life.

1g) Traffic Assessment

A Traffic Assessment must be submitted to the responsible authority and must include:

All car parking and traffic engineering design

Access arrangements

Loading and unloading arrangements

Any changes to traffic signs and existing on and off-street car parking.

1h) Drainage and Roadworks Plans

Engineering Design Plan

The developer must submit for approval, engineering plans, for new Council assets,

prepared by a suitably qualified and experienced person and at the developer’s expense.

Unless otherwise agreed by the responsible authority, the plans should cater for the

extension of all impacted council stormwater drains, construction of footpath and any

alteration of council roads subject to change as a result of this development. The plans must

show pits and pipes sizes, finished and existing surface levels, creation of appropriate

easements and connection to the existing council drainage network.

The design and construction of the roadworks and stormwater drainage and any other new

council infrastructure must be approved and supervised by council.

Construction Plans


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Prior to the commencement of works, engineer designed roadworks and drainage

construction plans must be submitted to and approved by the responsible authority. The

engineering construction plans must show the extent of any measures associated with road,

drainage, including sediment management throughout the relevant works, or other

infrastructure and must detail construction to a standard that achieves a functional design

with no adverse external impacts and achieve an acceptable standard of aesthetics including

landscaping and is maintained in perpetuity to the satisfaction of the responsible authority.

Stormwater Management Plan

Prior to the commencement of the development, a detailed Site Stormwater Management

Plan must be submitted to and approved by the responsible authority. The plan must

include, but is not limited to, detailed hydrological, hydraulic and water quality treatment

analysis to the satisfaction of the responsible authority. The plan must demonstrate that:

the onsite stormwater drainage system is designed so that stormwater runoff exiting

the land meets best practice performance objectives for stormwater quality, as

contained in the Urban Stormwater Best Practice Environmental Management

Guidelines (Victorian Stormwater Committee, 1999) as follows:

80% retention of the typical annual load of suspended solids;

45% retention of the typical annual load of total phosphorous;

45% retention of the typical annual load of total nitrogen; and

70% retention of the typical annual load of gross pollutants.

stormwater discharge will not be increased by the proposed development. An

appropriate on-site detention system designed in accordance with the Infrastructure

Design Manual may be required;

if required to meet the best practice performance objectives outlined above at

clause a), runoff will be treated to achieve current best practice pollutant removal

targets by connection to an appropriate Water Treatment Facility, with capacity to

treat at least a 3-month average recurrence interval (ARI) storm event, unless

approved otherwise by the responsible authority. The Water Treatment Facility

must be maintained to the satisfaction of the responsible authority;

all to the satisfaction of the responsible authority.

1i) Landscaping Plan

A Landscaping Plan that shows:

Any proposed vegetation removal

Details of all fences and gates, including elevations and materials

Proposed landscape features, such as furniture

Details of all landscaping and planting within all open areas of the precinct

Details of surface finishes of pathways

A planting schedule of all proposed trees, shrubs and ground covers including

botanical names, common names, pot sizes, sizes at maturity, and quantities of each

plant

Details of the drainage for the maintenance of the planting areas


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Details of planting and landscaping streetscape works to be undertaken in the road

reserve adjacent to the site (consistent with the Streetscape Plan approved under

this incorporated document)

The landscaping shown on the endorsed plans must be maintained to the satisfaction of theresponsible authority.

1j) Streetscape Plan

A Streetscape Plan that identifies all proposed works within the public realm. TheStreetscape Plan should be consistent with the City of Greater Geelong Public RealmFramework 2017.

The plan should show the following, as relevant:

Details of any integrated public art that focuses on enrichment of public areas and

streetscape interfaces

Details of all proposed road works, including reinstatement of any redundant

crossings

Landscaping

Changes to on-street parking

Signs

Lighting

Street furniture, including visitor bicycle facilities

a survey (including botanical names) of all existing vegetation to be retained and/ or

removed

Details of surface finishes of pathways.

1k) Environmental Site Assessment

Prior to the commencement of buildings and works associated with the use, including bulkexcavation and site preparation works but excluding any works necessary to satisfy therequirements of this condition, a Preliminary Site Investigation (PSI) must be provided to thesatisfaction of the responsible authority.

The PSI must:Be prepared by an environmental professional with suitable qualifications to the

satisfaction of the responsible authority;

Be consistent with Schedule B2 of the National Environment Protection (Assessment

of Site Contamination) Measure 1999;

Include any possible sources of offsite contamination from neighbouring land uses,

both current and historical;

Confirm a risk ranking (e.g. low, medium and high) to the proposed land uses based

on the historical land uses at the site and contaminants of potential concern. The

risk ranking must be in accordance with the Department of Sustainability and

Environment’s Potentially Contaminated Land General Practice Note (June 2005);

Make an unequivocal statement, based on the risk ranking established in (d), table 2

of with the Department of Sustainability and Environment’s Potentially

Contaminated Land General Practice Note (June 2005), on whether;


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The site has not been used for contaminating activities, does not identify anycontamination, or contamination does not represent a risk to the use ordevelopment and that no further assessment is required, or;

Further investigation in the form of a Detailed Site Investigation prepared inaccordance with National Environment Protection (Assessment of SiteContamination) Measure 1999 (as amended 2013) (NEPM) is required, or;

An Environmental Auditor should be appointed under section 53S of theEnvironment Protection Act 1970 (EP Act) to undertake an Environmental Auditin accordance with the provisions of the EP Act.

Should the PSI give the opinion that a Detailed Site Investigation (DSI) is required, prior tothe commencement of buildings and works associated with the use, including bulkexcavation and site preparation works but excluding any works necessary to satisfy therequirements of this condition, a DSI must be provided to the satisfaction of the responsibleauthority.

The DSI must:Be prepared by an environmental professional with suitable qualifications to thesatisfaction of the responsible authority;Be prepared in accordance with National Environment Protection (Assessment ofSite Contamination) Measure 1999 (as amended 2013) (NEPM)Provide details of the nature of the land uses previously occupying the site and theactivities associated with these land uses. This includes details of how long the usesoccupied the site.Undertake a review of any previous assessments of the site and surrounding sites,including details of any on-site or off-site sources of contaminated materials. Thisincludes a review of any previous Environmental Audits of the site and surroundingsites.Undertake intrusive soil sampling in accordance with the requirements of AustralianStandard (AS) 44582.1. This includes minimum sampling densities to ensure thecondition of the site is accurately characterised.Include an appraisal of the data obtained following soil sampling in accordance withecological, health-based and waste disposal guidelines.Include recommendations regarding what further investigate and remediation work,if any, may be necessary.

Prior to the commencement of buildings and works associated with the use, the findings ofthe assessment must be submitted to the responsible authority along with writtenconfirmation of compliance with any findings, requirements, recommendations andconditions of the DSI.

Should the PSI or DSI identify that an Environmental Audit in accordance with Section 53X ofthe Environment Protection Act 1970 is required, then prior to the commencement ofbuildings and works associated with the use, excluding any demolition or works required toundertake the PSI, DSI or works required by the environmental auditor, an environmentalauditor appointed under the Environment Protection Act 1970 must prepare anenvironmental audit report in accordance with Part IXD of that Act, and either:

Issue a certificate of environmental audit for the land in accordance with section 53Yof the Environment Protection Act 1970, or


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Issue a statement of environmental audit for the land in accordance with section53Z of the Environment Protection Act 1970 that the environmental conditions ofthe land are suitable for the sensitive use. The auditor may specify conditions to bemet.Where a Statement of Environmental Audit (SoEA) is provided, all of the conditionsof the Statement must be complied with to the satisfaction of the ResponsibleAuthority.Before the development is occupied, written confirmation from an EPA appointedauditor for contaminated land must be provided to the satisfaction of theResponsible Authority confirming:That the conditions of the SoEA have been implemented; andWhether there are ongoing conditions on the SoEA that require significant ongoingmaintenance and/or monitoring.

If the written advice submitted in accordance with the above requirement indicates thatthere are ongoing conditions on the SoEA requiring significant ongoing maintenance and/ormonitoring, a legal agreement to ensure that all future owners/occupants of thedevelopment are notified of these conditions must be entered into in accordance withSection 173 of the Planning and Environment Act 1987 with the responsible authority.

This agreement must be executed on title prior to the occupation of the building.

The developer must meet all costs associated with the drafting and execution of thisagreement including those incurred by the responsible authority.

1l) Acid Sulfate Soils Management PlanAn Acid Sulfate Soils Management Plan in accordance with the Industrial Waste

Management Policy (Waste Acid Sulfate Soils) 1999, EPA Publication 655.1 Acid Sulfate Soil

and Rock 2009, and the DSE Best Practice Guidelines for Assessing and Managing

Coastal Acid Sulfate Soil.

1m) Sustainability Management Plan

A Sustainability Management Plan that provides a detailed assessment of the proposed

design.

Where appropriate, the Sustainability Management Plan should:

Identify relevant statutory obligations, strategic or other documentedsustainability targets or performance standards

Demonstrate how proposed design elevations integrate with and respond toany precinct level sustainability strategies or opportunities

Document the means by which the appropriate target or performance will beachieved

Identify responsibilities and a schedule for implementation, and ongoingmanagement, maintenance and monitoring, as required

Demonstrate that the design elements and technologies included in the plancan be maintained over time.

The Sustainability Management Plan should address the following:

Emissions reduction and energy efficiency.


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Water sensitive urban design, water conservation and reuse

Reduction of urban heat island effects

Waste reduction

Sustainable product and material use

Building indoor environment quality.

1n) Crime Prevention Through Environmental Design

A report that demonstrates the design meets the Crime Prevention Through Environmental

Design guidelines.

2. Plans Required Prior to Completion of Development

Prior to the completion of development, the following plans/reports, as relevant, must be submitted

to and approved by the responsible authority. When they are endorsed, they will then form part of

the approval and must be implemented to the satisfaction of the responsible authority.

Only plans/reports that are relevant to the particular stage of works being proposed are required.

The use and development as shown on the endorsed plans or in the approved reports must not be

altered without the written consent of the responsible authority.

The plans must be generally in accordance with the Strategic Framework Plan at Attachment 1 and

the Geelong Waterfront Safe Harbour Precinct – Public Access & Infrastructure Development Project


2a) Use Management Plan

A use management plan that includes the following:

A description of the way any new buildings will be used

The areas subject to different uses

The maximum number of patrons to be accommodated in any food and drink

premises, function space or accommodation area

Proposed hours of operation for the different uses

Hours for deliveries to and from the project area

2b) Waste and Wastewater Management

A waste and wastewater management plan that includes all of the following:

Measures to prevent the transportation of sediment, deposition of oil and grease

from roads and other surfaces, vehicles and machinery, spills of chemicals or fuels,

residues generated from machinery and waste material including heavy metals and

organic compounds from boat or machinery maintenance

Measures to ensure that waste management, including boat cleaning and

maintenance procedures comply with the ‘Cleaner Marina Code, October 1998 (EPA)

Measures to ensure maintenance and repair of vessels in the harbour is to comply

with the provisions of the Code of Practice for In-Water Hull Cleaning and

Maintenance (ANZECC 2000)

Measures to ensure that there is no discharge or disposal of sewage to Corio Bay


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Measures to manage any disruptions in the electricity supply or other problems in

the provision of reticulated sewage

Measures to manage any spills of wastewater

Measures to ensure that all users of the harbour are aware of the user’s

responsibilities with regard to wastewater disposal and the sewage pump out facility

Details of measures to ensure compliance with State Environment Protection Policy

(Waters of Victoria) – Schedule F6 (Table 2); EPA Publication No. 275 Construction

Techniques for Sediment Pollution Control (May 1991) and EPA Publication No. 981

Reducing Stormwater Pollution from Construction Sites (May 2005).

2c) Waste Management Plan

A waste management plan that provides details of a regular garbage collection service,

including information regarding the type of refuse bins, type/size of trucks, means of

accessing bins and frequency of refuse collection, to the satisfaction of the Responsible

Authority. All waste stored on site must be in screened enclosures between collections. No

bottles or other waste may be emptied into external bins between the hours of 9pm and

7am the following morning

3. Liquor Licencing

A copy of any liquor licence for the premises issued by the Victorian Commission for Gambling and

Liquor Regulation must be provided to the responsible authority within 30 days of issue. A copy of

any subsequent amendments to the licence must be provided to the responsible authority within 30

days of issue.

4. Drainage and Vehicle Access

The site must be drained to the satisfaction of the responsible authority and no concentrated storm

water may drain or discharge from the land to adjoining properties.

Prior to the occupation of the development, the developer must construct:

the site stormwater system in accordance with the approved Stormwater Drainage

Plans and Stormwater Management Plans, or other nominated point/s as approved

by the responsible authority. The stormwater connection must be in accordance

with City of Greater Geelong Standard Drawings.

vehicular crossings in accordance with the requirements and standards of the City of

Greater Geelong.

Any redundant vehicular crossings must be removed, kerb and channel reinstated,

and the footpath/nature strip area reinstated to match existing construction in the

street;

all to the satisfaction of the responsible authority.

Infrastructure Construction /Upgrading

The construction of new infrastructure works or the upgrading of existing infrastructure bothof which will become a future asset of the City of Greater Geelong, and for which is


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necessary to service any stage of the development, must be undertaken in accordance withthe approved Plans.

5. Signs

Any sign lighting must be designed, baffled and located so as to prevent any adverse effect on

adjoining properties, the public realm or roads to the satisfaction of the responsible authority.

The location and details of the signs, including those of the supporting structure, as shown on the

approved plans, must not be altered without the written consent of the responsible authority.

6. Car parking

Prior to the occupation of the development, the developer must construct the car park includingaccessways, surface with an all-weather sealed coat and line mark the car and accessways inaccordance with the endorsed plans to the satisfaction of the responsible authority.Any car parking areas, access lanes and parking signs must be constructed and thereafter maintained

as shown on the endorsed plans all to the satisfaction of the responsible authority.

7. Landscaping

All vegetation shown on the endorsed landscape plan must be maintained in a healthy condition to

the satisfaction of the responsible authority. Any dead or diseased trees or shrubs must be replaced

as soon as possible.

8. Amenity

The use and development must be managed to the satisfaction of the responsible authority so that

the amenity of the area is not detrimentally affected, through the:

Transport of materials, goods or commodities to or from the land.

Appearance of any building, works or materials.

Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,soot, ash, dust, wastewater, waste products, grit or oil.

Presence of vermin.The site must be left in a clean and tidy condition after completion of works to the satisfaction of the

responsible authority.

9. Appearance of the Site

The site must be so ordered and maintained so that it will not prejudicially affect the amenity of the

locality by reason of appearance, to the satisfaction of the responsible authority.

10. Plant and Equipment


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Unless otherwise approved by the responsible authority, all plant and equipment must be containedwithin the envelope of the buildings and concealed to the satisfaction of the responsible authorityand in accordance with the endorsed plans.

5.0 EXPIRY

The control in this incorporated document expires if any of the following circumstances apply:

a. The development is not commenced by 30 June 2025

b. The development is not completed by 30 June 2027

c. The use of the land for the project is not commenced within two (2) years of completion

of the development.

The responsible authority may extend these periods referred to if a request is made in writing before

these controls expire or within six (6) months afterwards.


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Attachment 1 – Strategic Framework Plan


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Attachment 2 – On Water Elements


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