NOTICE OF AN APPLICATION FOR PLANNING PERMIT · 2019-07-31 · permit or that are separate from the...

NOTICE OF AN APPLICATION FOR PLANNING PERMIT

PLANNING AND ENVIRONMENT REGULATIONS 2005 Form 2

Section 52 (Planning & Environment Act 1987)

The land affected by the application is located at:

59 Vincent Street DAYLESFORD VIC 3460 Lots 1 & 2 TP 196286 TSH TDF

The application is for a permit for:

Sale and consumption of liquor associated with a restaurant and a reduction in the required on-site car parking

The applicant for the permit is: Macora Pty Ltd

The application reference number is: PA 2453

You may look at the application and any documents that support the application at the office of the responsible authority:

Municipal Offices: Hepburn Shire Council Customer Services Building Corner Duke and Albert Streets, Daylesford Planning Department - Ph: 03 5348 1577

Planning applications may also be viewed on Council's web site under tab 'Statutory Planning'.

Follow the link to 'Applications on Advertising'.

This can be done during office hours and is free of charge. Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority. An objection must * be sent to the Responsible Authority in writing, * include the reasons for the objection, and * state how the objector would be affected.

The Responsible Authority will not decide on the application before:

21 / 8 / 2019

If you object, the Responsible Authority will tell you of its decision.

Office Use Only

Application No.: Date Lodged: / /

Application for a Planning PermitIf you need help to complete this form, read MORE INFORMATION at the end of this form.

Any material submitted with this application, including plans and personal information, will be madeavailable for public viewing, including electronically, and copies may be made for interested parties forthe purpose of enabling consideration and review as part of a planning process under the Planningand Environment Act 1987. If you have any questions, please contact Council’s planning department.

Questions marked with an asterisk (*) must be completed.

If the space provided on the form is insufficient, attach a separate sheet.

Click for further information.i

Formal Land Description *Complete either A or B.

This information can be found on the certificate of title.

If this application relates to more than one address, attach a separate sheet setting out any additional property details.

The Land i

Address of the land. Complete the Street Address and one of the Formal Land Descriptions.

Postcode:Suburb/Locality:

Street Address *St. No.:Unit No.: St. Name:

Lot No.: No.:A

OR

B Crown Allotment No.: Section No.:

Parish/Township Name:

Lodged Plan Title Plan Plan of Subdivision

Application for a Planning Permit | Regional Council Page 1

For what use, development or other matter do you require a permit? *

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The ProposalYou must give full details of your proposal and attach the information required to assess the application. Insufficient or unclear information will delay your application.

Provide additional information about the proposal, including: plans and elevations; any information required by the planning scheme, requested by Council or outlined in a Council planning permit checklist; and if required, a description of the likely effect of the proposal.

Estimated cost of any development for which the permit is required *

iCost $ You may be required to verify this estimate.

Insert ‘0’ if no development is proposed.

Planning EnquiriesPhone: (03) 5348 1577 Web: www.hepburnshire.vic.gov.au

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Title Information i

Encumbrances on title *

Provide a full, current copy of the title for each individual parcel of land forming the subject site. The title includes: the covering ‘register search statement’, the title diagram and the associated title documents, known as ‘instruments’, for example, restrictive covenants.

Does the proposal breach, in any way, an encumbrance on title such as a restrictrive covenant, section 173 agreement or other obligation such as an easement or building envelope?

Yes (If ‘yes’ contact Council for advice on how to proceed before continuing with this application.)

No

Not applicable (no such encumbrance applies).


Applicant and Owner DetailsProvide details of the applicant and the owner of the land.

Applicant *

The person who wants the permit.

Organisation (if applicable):Postal Address: If it is a P.O. Box, enter the details here:

Title: First Name: Surname:

Postcode:State:Suburb/Locality:

St. No.:Unit No.: St. Name:

Name:

Contact person’s details* Same as applicant

Organisation (if applicable):

Where the preferred contact person for the application is different from the applicant, provide the details of that person.



Name:


Contact information for applicant OR contact person below

Business phone:

Mobile phone:

Email:

Fax:

Please provide at least one contact phone number *

Owner *

The person or organisation who owns the land

Where the owner is different from the applicant, provide the details of that person or organisation.


Owner’s Signature (Optional): Date: day / month / year



Same as applicantName:


Postal Address: If it is a P.O. Box, enter the details here:


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Describe how the land is used and developed now *For example, vacant, three dwellings, medical centre with two practitioners, licensed restaurant with 80 seats, grazing.

Existing Conditions i

Provide a plan of the existing conditions. Photos are also helpful.

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Remember it is against the law to provide false or misleading information, which could result in a heavy fine and cancellation of the permit.

I declare that I am the applicant; and that all the information in this application is true and correct; and the owner (if not myself) has been notified of the permit application.

Signature: Date: day / month / year

Declaration i

This form must be signed by the applicant *


Checklist i

Have you:

Filled in the form completely?

Paid or included the application fee?

Provided all necessary supporting information and documents?

A full, current copy of title information for each individual parcel of land forming the subject site.

A plan of existing conditions.

Plans showing the layout and details of the proposal.

Any information required by the planning scheme, requested by council or outlined in a council planning permit checklist.

If required, a description of the likely effect of the proposal (for example, traffic, noise, environmental impacts).

Completed the relevant council planning permit checklist?

Signed the declaration above?

Most applications require a fee to be paid. Contact Council to determine the appropriate fee.

LodgementLodge the completed and signed form, the fee and all documents with:

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Need help with the Application? General information about the planning process is available at planning.vic.gov.au

Contact Council’s planning department to discuss the specific requirements for this application and obtain a planning permit checklist. Insufficient or unclear information may delay your application.

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Has there been a pre-application meeting with a council planning officer?

No Yes If ‘Yes’, with whom?:

Date: day / month / year

Deliver application in person, by post or by electronic lodgement.

Planning DepartmentHepburn Shire Council PO Box 21 Daylesford VIC 3460

Customer Service Centre Cnr Duke & Albert Streets Daylesford VIC 3460

Contact information:Phone: (03) 5348 1577 Email: [email protected]

If completing this form electronically, please tick the box to the right, include a date and type your name above to serve as a declaration that all the information in this application is true and correct; and the owner (if not myself) has been notified of the permit application.

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http://planning.vic.gov.au

Application for a Planning Permit | Regional Council Addendum

i MORE INFORMATIONThe LandPlanning permits relate to the use and development of the land. It is important that accurate, clear and concise details of the land are provided with the application.

How is land identified?Land is commonly identified by a street address, but sometimes this alone does not provide an accurate identification of the relevant parcel of land relating to an application. Make sure you also provide the formal land description – the lot and plan number or the crown, section and parish/township details (as applicable) for the subject site. This information is shown on the title.

See Example 1.

The ProposalWhy is it important to describe the proposal correctly?The application requires a description of what you want to do with the land. You must describe how the land will be used or developed as a result of the proposal. It is important that you understand the reasons why you need a permit in order to suitably describe the proposal. By providing an accurate description of the proposal, you will avoid unnecessary delays associated with amending the description at a later date.

Planning schemes use specific definitions for different types of use and development. Contact the Council planning office at an early stage in preparing your application to ensure that you use the appropriate terminology and provide the required details.

How do planning schemes affect proposals?A planning scheme sets out policies and requirements for the use, development and protection of land. There is a planning scheme for every municipality in Victoria. Development of land includes the construction of a building, carrying out works, subdividing land or buildings and displaying signs.

Proposals must comply with the planning scheme provisions in accordance with Clause 61.05 of the planning scheme. Provisions may relate to the State Planning Policy Framework, the Local Planning Policy Framework, zones, overlays, particular and general provisions. You can access the planning scheme by either contacting Council’s planning department or by visiting the Planning Schemes Online section of the department’s website http://planning-schemes.delwp.vic.gov.au

You can obtain a planning certificate to establish planning scheme details about your property. A planning certificate identifies the zones and overlays that apply to the land, but it does not identify all of the provisions of the planning scheme that may be relevant to your application. Planning certificates for land in metropolitan areas and most rural areas can be obtained by visiting www.landata.vic.gov.au Contact your local Council to obtain a planning certificate in Central Goldfields, Corangamite, Macedon Ranges and Greater Geelong. You can also use the free Planning Property Report to obtain the same information.

See Example 2.

Estimated cost of developmentIn most instances an application fee will be required. This fee must be paid when you lodge the application. The fee is set down by government regulations.

To help Council calculate the application fee, you must provide an accurate cost estimate of the proposed development. This cost does not include the costs of development that you could undertake without a permit or that are separate from the permit process. Development costs should be calculated at a normal industry rate for the type of construction you propose.

Council may ask you to justify your cost estimates. Costs are required solely to allow Council to calculate the permit application fee. Fees are exempt from GST.

Costs for different types of development can be obtained from specialist publications such as Cordell Housing: Building Cost Guide or Rawlinsons: Australian Construction Handbook.

Contact the Council to determine the appropriate fee. Go to planning.vic.gov.au to view a summary of fees in the Planning and Environment (Fees) Regulations.

Existing ConditionsHow should land be described?You need to describe, in general terms, the way the land is used now, including the activities, buildings, structures and works that exist (e.g. single dwelling, 24 dwellings in a three-storey building, medical centre with three practitioners and 8 car parking spaces, vacant building, vacant land, grazing land, bush block).

Please attach to your application a plan of the existing conditions of the land. Check with the local Council for the quantity, scale and level of detail required. It is also helpful to include photographs of the existing conditions.

See Example 3.

Title InformationWhat is an encumbrance?An ‘encumbrance’ is a formal obligation on the land, with the most common type being a ‘mortgage’. Other common examples of encumbrances include:

• Restrictive Covenants: A ‘restrictive covenant’ is a written agreement between owners of land restricting the use or development of the land for the benefit of others, (eg. a limit of one dwelling or limits on types of building materials to be used).

• Section 173 Agreements: A ‘section 173 agreement’ is a contract between an owner of the land and the Council which sets out limitations on the use or development of the land.

• Easements: An ‘easement’ gives rights to other parties to use the land or provide for services or access on, under or above the surface of the land.

• Building Envelopes: A ‘building envelope’ defines the development boundaries for the land.

Aside from mortgages, the above encumbrances can potentially limit or even prevent certain types of proposals.

What documents should I check to find encumbrances?Encumbrances are identified on the title (register search statement) under the header ‘encumbrances, caveats and notices’. The actual details of an encumbrance are usually provided in a separate document (instrument) associated with the title. Sometimes encumbrances are also marked on the title diagram or plan, such as easements or building envelopes.

What about caveats and notices?A ‘caveat’ is a record of a claim from a party to an interest in the land. Caveats are not normally relevant to planning applications as they typically relate to a purchaser, mortgagee or chargee claim, but can sometimes include claims to a covenant or easement on the land. These types of caveats may affect your proposal.

Other less common types of obligations may also be specified on title in the form of ‘notices’. These may have an effect on your proposal, such as a notice that the building on the land is listed on the Heritage Register.

What happens if the proposal contravenes an encumbrance on title?Encumbrances may affect or limit your proposal or prevent it from proceeding. Section 61(4) of the Planning and Environment Act 1987 for example, prevents a Council from granting a permit if it would result in a breach of a registered restrictive covenant. If the proposal contravenes any encumbrance, contact the Council for advice on how to proceed.

You may be able to modify your proposal to respond to the issue. If not, separate procedures exist to change or remove the various types of encumbrances from the title. The procedures are generally quite involved and if the encumbrance relates to more than the subject property, the process will include notice to the affected party.

You should seek advice from an appropriately qualified person, such as a solicitor, if you need to interpret the effect of an encumbrance or if you seek to amend or remove an encumbrance.

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http://planning-schemes.delwp.vic.gov.au/schemes

http://www.landata.vic.gov.au

http://planning.vic.gov.au


Why is title information required?Title information confirms the location and dimensions of the land specified in the planning application and any obligations affecting what can be done on or with the land.

As well as describing the land, a full copy of the title will include a diagram or plan of the land and will identify any encumbrances, caveats and notices.

What is a ‘full’ copy of the title?The title information accompanying your application must include a ‘register search statement’ and the title diagram, which together make up the title.

In addition, any relevant associated title documents, known as ‘instruments’, must also be provided to make up a full copy of the title.

Check the title to see if any of the types of encumbrances, such as a restrictive covenant, section 173 agreement, easement or building envelope, are listed. If so, you must submit a copy of the document (instrument) describing that encumbrance. Mortgages do not need to be provided with planning applications.

Some titles have not yet been converted by Land Registry into an electronic register search statement format. In these earlier types of titles, the diagram and encumbrances are often detailed on the actual title, rather than in separate plans or instruments.

Why is ‘current’ title information required?It is important that you attach a current copy of the title for each individual parcel of land forming the subject site. ‘Current’ title information accurately provides all relevant and up-to-date information.

Some Councils require that title information must have been searched within a specified time frame. Contact the Council for advice on their requirements.

Copies of title documents can be obtained from Land Registry: Level 10, 570 Bourke Street, Melbourne; 03 8636 2010; www.landata.vic.gov.au – go direct to “titles & property certificates”.

Applicant and Owner DetailsThis section provides information about the permit applicant, the owner of the land and the person who should be contacted about any matters concerning the permit application.

The applicant is the person or organisation that wants the permit. The applicant can, but need not, be the contact person.

In order to avoid any confusion, the Council will communicate only with the person who is also responsible for providing further details. The contact may be a professional adviser (e.g. architect or planner) engaged to prepare or manage the application. To ensure prompt communications, contact details should be given.

Check with council how they prefer to communicate with you about the application. If an email address is provided this may be the preferred method of communication between Council and the applicant/contact.

The owner of the land is the person or organisation who owns the land at the time the application is made. Where a parcel of land has been sold and an application made prior to settlement, the owner’s details should be identified as those of the vendor. The owner can, but need not, be the contact or the applicant.

See Example 4.

DeclarationThe declaration should be signed by the person who takes responsibility for the accuracy of all the information that is provided. This declaration is a signed statement that the information included with the application is true and correct at the time of lodgement.

The declaration can be signed by the applicant or owner. If the owner is not the applicant, the owner must either sign the application form or must be notified of the application which is acknowledged in the declaration.

Obtaining or attempting to obtain a permit by wilfully making or causing any false representation or declaration, either orally or in writing, is an offence under the Planning and Environment Act 1987 and could result in a fine and/or cancellation of the permit.

Need help with the Application?If you have attended a pre-application meeting with a Council planner, fill in the name of the planner and the date, so that the person can be consulted about the application once it has been lodged.

ChecklistWhat additional information should you provide to support the proposal?

You should provide sufficient supporting material with the application to describe the proposal in enough detail for the Council to make a decision. It is important that copies of all plans and information submitted with the application are legible.

There may be specific application requirements set out in the planning scheme for the use or development you propose. The application should demonstrate how these have been addressed or met.

The checklist is to help ensure that you have:

• provided all the required information on the form

• included payment of the application fee

• attached all necessary supporting information and documents

• completed the relevant Council planning permit checklist

• signed the declaration on the last page of the application form

The more complete the information you provide with your permit application, the sooner Council will be able to make a decision.

LodgementThe application must be lodged with the Council responsible for the planning scheme in which the land affected by the application is located. In some cases the Minister for Planning or another body is the responsible authority instead of Council. Ask the Council if in doubt.

Check with Council how they prefer to have the application lodged. For example, they may have an online lodgement system, prefer email or want an electronic and hard copy. Check also how many copies of plans and the size of plans that may be required.

Contact details are listed in the lodgement section on the last page of the form.

Approval from other authorities: In addition to obtaining a planning permit, approvals or exemptions may be required from other authorities or Council departments. Depending on the nature of your proposal, these may include food or health registrations, building permits or approvals from water and other service authorities.

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The Land i

Address of the land. Complete the Street Address and one of the Formal Land Descriptions.

Postcode:Suburb/Locality:

Street Address *St. No.:Unit No.: St. Name:

Formal Land Description *Complete either A or B.

This information can be found on the certificate of title.

If this application relates to more than one address, attach a separate sheet setting out any additional property details.

Lot No.: No.:A

OR

B Crown Allotment No.: Section No.:

Parish/Township Name:

Lodged Plan Title Plan Plan of Subdivision

4 26 Planmore Avenue HAWTHORN 3122

2 LP93562P

Describe how the land is used and developed now *For example, vacant, three dwellings, medical centre with two practitioners, licensed restaurant with 80 seats, grazing.

Existing Conditions i

Provide a plan of the existing conditions. Photos are also helpful.

Single dwelling.

Applicant and Owner DetailsProvide details of the applicant and the owner of the land.

Applicant *

The person who wants the permit.

Organisation (if applicable):Postal Address: If it is a P.O. Box, enter the details here:




Name:

Contact person’s details* Same as applicant


Where the preferred contact person for the application is different from the applicant, provide the details of that person.



Name:


Contact information for applicant OR contact person below

Business phone:

Mobile phone:

Email:

Fax:

Please provide at least one contact phone number *

Owner *

The person or organisation who owns the land

Where the owner is different from the applicant, provide the details of that person or organisation.


Owner’s Signature (Optional): Date: day / month / year



Same as applicantName:




i

Mr Len Browning Responsible Developers P/L 4 12 Ardour Lane Wycheproof Vic 3527

9123 4567 [email protected] 0412 345 678 9123 4567

Mr Andrew Hodge Town Planning Consultants PO Box 111 Parkdale Vic 3194

P

For what use, development or other matter do you require a permit? *

i

Provide additional information about the proposal, including: plans and elevations; any information required by the planning scheme, requested by Council or outlined in a Council planning permit checklist; and if required, a description of the likely effect of the proposal.

Construction of two, double-storey dwellings and construction of two new crossovers.

Example 1

Example 2

Example 3

Example 4

EXAMPLES

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OA V

Copyright State of Victoria. The publication Is copyright No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (0th) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vie) or pursuant toe written agreement The Information Is only valid at the time and In the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the Information.

REGISTER SEARCH STATEMENT ( T i t l e S e a r c h ) T r a n s f e r o f pegelofi L a n d A c t 1958 VOLUME 06691 FOLIO 136 Security no : 124075629694P

Produced 09/01/2019 01:05 PM

LAND DESCRIPTION

Lot 1 on Title Plan 229843H (formerly known as part of Crown Allotment 4 Section 7 Township of Daylesford Parish of Wombat), PARENT TITLE Volume 00872 Folio 275 Created b y instrument 1908132 18/02/1944

REGISTERED PROPRIETOR

Estate Fee Simple Sole Proprietor

BPODY HOLDINGS PTY LTD o f 4A KOOYONGKOOT ROAD HAWTHORN V I C 3122 AD468395N 25/02/2005

ENCUMBRANCES, CAVEATS AND NOTICES

Any encumbrances created b y Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set Out under DIAGRAM LOCATION below,

DIAGRAM LOCATION

SEE TP229B43H FOR FURTHER DETAILS AND BOUNDARIES

A C T I V I T Y I N THE LAST 125 DAYS

NIL

DOCUMENT END

-

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Doc over Sheet

The document following this cover sheet is an imaged document supplied by LANDATA, Land Use Victoria.

Document Typi P1an

Document identiflcatio fl229843H

Number of Pages 1

(excluding this cover sheet)

D o c u r n t Assembled 09i012019 13:11 *

Copyright and disclaimer notice: © State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LAN DATAA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

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C DOiNord b y L A N T A M Lend Ueo V i e tnos1emp B Ol!2O9 1311 PWIoll

TITLE PLAN

Locat ion o f Lend

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Township DAYLESFORD Section, 7

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Crown Portion

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D r w d From VOL 6691 FOL 136 Depth Limitation NIL ANY REFERENCE TO MAP IN THE TEXT MEANS THE DIAGRAM SHOWN ON

THIS TITLE PLAN

Descr ip t ion o f Lend / E a m e n t In format ion THIS PLAN HAS BEEN PREPARED

FOR THE LAND REGISTRY, LAND

VICTORIA, FOR TITLE DIAGRAM

PURPOSES AS PART OF THE LAND

TITLES AUTOMATION PROJECT

COMPILED nos,00a

VERIFIED

EDIflON I TP 2298413H

Notations

TAR LE OF PARCEL IDENTIFIERS C An i C Ttla Plan this

onOy atefy disposable pamolm,, undw i o n BA o f the Sale of Lend Act 1962

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LENGTHS ARE IN LINKS A%eeI 1 of I theete

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TABLE

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project drawing title

drawn: checked: date:

dateno. by.revision note

drawing no. rev

BUILDER

CLIENT

STRUCTURAL ENGINEER

N

BETEL BOY

scale

1:100 @ A3

1m

0m

2m 3m 4m 5m

Building Designers

Association Victoria

MEMBER

R6

R5

R4

R3

R2

R1

SARAH STORER

LUKE McKINNON

BETEL BOY.

59 VINCENT STREET DAYLESFORD 3460

SPS 30.05.2019

TP1

All dimensions and setouts to be verified prior to commencement,omissions or discrepancies to be notified to the designer.

The copyright of this drawing together with any other documentsprepared by Unicorn remains the property of Unicorn and grantslicence for the use of this document for the purpose for which theyare intended. The licence is not transferable without the permissionof Unicorn Architecture.

notes

copyright

20 BRIDPORT ST

DAYLESFORD

VIC 3460.

Ph (03) 5348 1298

Mobile: 0408 533 742. Email: [email protected].

Stephen Schenk AdvDip Building Design Architectural DP-AD 44321. ABN 47 166 344 449.

UNICORN ARCHITECTURE PTY LTD. ACN 166 344 449 t/a UNICORN ARCHITECTURE

unicorn

ARCHITECTURE

RED LINE PLAN

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Macora Pty Ltd 57A Vincent Street DAYLESFORD, VICTORIA

11 June 2019

Statutory Planning Hepburn Shire Council PO Box 21 DAYLESFORD VICTORIA 3460

Dear Sir/Madam,

RE: Planning Application for the sale and consumption of liquor to 75 patrons including kerbside at 59-61 Vincent St, Daylesford and a reduction in the required on-site car parking (Clause 52.06)

Written Statement (s)

Existing Use The site is currently a 45 seat café with commercial kitchen but does not currently have a liquor license.

Proposed Use A 45 seat restaurant serving pan Asian style lunch and dinner with the sale and consumption of liquor.

Surrounding Uses The site is located in the main street of Daylesford (Commercial 1 Zone) and is surrounded by other retail and hospitality venues within the building referred to as the ‘Old Vic’. This building currently has another business (Larder Daylesford) with 170 seat liquor license (also owned by Macora Pty Ltd).

Proposed hours of operation 9am to 11pm, trading 7 days a week.

Liquor License Hours: Sunday 10.00am to 11.00pm Good Friday & ANZAC Day 12 noon to 11.00pm On any other day 9.00am to 11.00pm

Number of staff/employees 6-8

Number of seats required for proposed use 45 internal, 12 external (kerbside)

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Type of Liquor License sought On Premise License

Anticipated noise levels The music will be background volume, so that customers can converse easily without raised voices.

Area in square metres available of the premises 126

Carparking Except for 6 car spaces provided at the rear of the premises for staff, all patron car parking will generally be undertaken within the Daylesford town centre precinct.

The majority if patrons use available on-street car spaces within the Vincent Street road reservation. It is anticipated that patrons leaving later will prefer to use taxi’s, which can be ordered via phone or from the taxi rank in front of the restaurant.

Some patrons will also be dropped at the venue or alternatively walk or ride bicycles to the venue.

Given that there is no additional space or areas within the site to park vehicles, a full reduction of car spaces pursuant to Clause 52.06-3 is sought in this application.

In its consideration of the permission sought, it is respectfully submitted that the ‘Centre Based Approach’ to the provision of car parking should be adopted and followed in this instance. This approach was tested before His Honour Mandie J in Sansmark Pty Ltd and Ors v Boroondara CC and found by His Honour to be lawful. His Honour cited the description of a ‘centre based’ approach, as set out by the Tribunal case the subject of his review as follows;

The basic approach in these decisions is that in important activity centres car parking considerations should not be determinative, instead the land use mux un a centre should arise from a combination of strategic planning and economic forces at work in the centre. Car parking issues have a part to play in this but should not dominate. At the level of the individual site where there is a change in circumstances, car parking shortfalls should be waived if it is consistent with the strategic plan for the centre, firstly because the most equitable solution is to deal with car parking on a centre wide basis, and secondly because, even in saturated car parking conditions, a balance will occur between the level of activity and the parking supply.

Sarah Storer Managing Director Macora Pty Ltd

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ADMINISTRATIVE DIVISION

PLANNING AND ENVIRONMENT LIST VCAT REFERENCE NO.P487/2014

PERMIT APPLICATION NO. 2013/258

CATCHWORDS

Application under Section 82 of the Planning & Environment Act 1987 to review a decision to grant a permit; Commercial 1 Zone; function room; restaurant and café liquor licence; waiver of car parking; centre based parking principles.

APPLICANTS Grant Williams, Keith Williams Estate Agency

Pty Ltd

RESPONSIBLE AUTHORITY Latrobe City Council

RESPONDENT Lewis Prince

SUBJECT LAND 58 Hotham Street, Traralgon

WHERE HELD Melbourne

BEFORE Chris Harty, Member

HEARING TYPE Hearing

DATE OF HEARING 25 June 2014

DATE OF ORDER 9 July 2014

CITATION Williams v Latrobe CC [2014] VCAT 823

ORDER 1 The decision of the Responsible Authority in relation to Permit Application

No. 2013/258 is varied. 2 In Permit Application No. 2013/258 a permit is granted and directed to be

issued for the land at 58 Hotham Street, Traralgon (first floor of existing premises). The permit will allow the use for a function centre (not intended to be a night club), restaurant and café liquor licence and waiver of car parking and bicycle facilities generally in accordance with the endorsed plans and subject to the conditions set out in the Notice of Decision to Grant a Permit No. 2013/258 issued by the Responsible Authority on 13 March 2014 with the following modifications: The permit land description is amended to read:

58 Hotham Street, Traralgon (first floor of existing premises). The permit preamble is amended to read:

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VCAT Reference Nos. P487/2014 Page 2 of 16

Use for a function centre (not intended to be a night club), restaurant and café liquor licence and waiver of car parking and bicycle facilities generally in accordance with the endorsed plans forming part of this Permit.

Condition 6 is amended to read: 6. Except with the prior written consent of the Responsible

Authority, the consumption of alcohol on the licensed premises permitted by this permit must operate only between the following times:

a) Good Friday and Anzac Day 12 noon - 11 pm; b) Su nday 10 am - 5 pm; and c) Any other day 10 am - 12 midnight. Condition 7 is amended to read: 7. The use (function centre) may operate only between the hours of

8:00 am – 12 midnight Monday to Saturday and 8 am – 5 pm on Sunday unless with the written consent of the Responsible Authority.

3 The permit is subject to the conditions contained in Appendix A to these reasons.

4 The Responsible Authority is directed to issue a permit in accordance with this order.

Chris Harty Member

APPEARANCES

For Grant Williams, Keith Williams Estate Agency Pty Ltd

Mr Greg Wood, town planner from Tract Consultants Pty Ltd. He called expert evidence from:

Mr Ali Abdou, traffic engineer from Traffic Works Pty Ltd.

For Latrobe City Council Mr Adnan Voloder, town planner.

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For Lewis Prince Mr Richard Hoxley, town planner from Crowther and Sadler Pty Ltd. He called expert evidence from:

Mr James Brownlie, traffic engineer from Sustainable Transport Surveys Pty Ltd.

INFORMATION

Description of Proposal Use of the first floor of an existing two storey building at 58 Hotham Street, Traralgon for a function room with a restaurant and café liquor licence and waiver for car parking and bicycle facilities.

Nature of Proceeding Application under Section 82 of the Planning and Environment Act 1987.

Zone and Overlays Clause 34.01 Commercial 1 Zone (C1Z)

No overlays

Permit Requirements Clause 34.01-1 use of land for a function centre (Place of assembly).

Clause 52.06-3 waiver of car parking.

Clause 52.27 to use the land to sell or consume liquor.

Clause 52.34-2 waiver of bicycle facilities1.

Relevant Scheme policies and provisions.

Clauses 11, 17, 18, 21.05, 21.08, 34.01, 52.06, 52.27, 52.34 and 65

Land Description The site is located on the northern side of Hotham Street within the Traralgon Primary Activity Centre. The site has a frontage width of approximately 9 metres and a depth of approximately 28 metres. The first floor has an area of 250m2 and the ground floor of the premises is currently used as a restaurant.

Land uses in the vicinity of the site are generally mixed with office and retail/commercial development in single and double storey buildings. Angled on-street parking is located along both sides of Hotham Street with a 2 hour limited between 9 am and 5.30pm Monday to Friday and 9 am to 12 noon Saturday.

Tribunal Inspection Inspection undertaken on 1 July 2014 unaccompanied

1 This was brought to my attention as an oversight by Council and I have included the permit trigger as part of my consideration.

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Cases Referred To Sansmark Pty Ltd and Ors v Boroondara CC [1998] 22AATR 103.

Hubbard & Ors v Boroondara CC (1996/46940 & Ors) [1997] VICCAT 199.

REASONS2

What is this proceeding about? 1 The permit applicant seeks to use the upstairs room of an existing building

at 58 Hotham Street, Traralgon for a function room with a restaurant and café liquor licence. The use triggers the requirement for car parking and bicycle facilities, which cannot be physically provided on the site because the existing building occupies the whole of the land. Accordingly, the permit applicant also seeks a waiver of all car parking and bicycle facilities required for the proposed function room.

2 The permit application was notified and received two (2) objections. Latrobe City Council issued a Notice of Decision to Grant a Permit No. 2013/258 with respect to this permit application. Conditions imposed by Council regulate the hours of operation and consumption of liquor as well as the number of patrons.

3 The proposed function room is to operate from Monday to Saturday 8.00am to 12 midnight and Sunday 8.00am to 5.00pm. The proposed liquor licence is to operate from Good Friday and Anzac Day 12 noon to 11.00pm, Sunday 10.00am to 5.00pm and any other day from 10.00am to 12 midnight.

4 A car parking waiver is necessary because the proposed function room has been classified by Council as being included within the definition of a ‘Place of assembly’. The car parking requirement for ‘Place of assembly’ under the Latrobe Planning Scheme is 0.3 car spaces to each patron permitted. Council has imposed the following restrictions on patron numbers affecting the extent of car parking to be waived:

• 50 persons permitted on the premises between 12 noon and 3.00pm, requiring the waiver of 15 car parking spaces.

• 100 persons permitted on the premises at any other time, requiring the waiver of 30 car parking spaces.

5 A waiver of bicycle facilities is also required for two (2) bicycle spaces. 6 The review applicant opposes this decision of Council and has asked the

Tribunal to review the decision. The grounds of appeal relate primarily to insufficient car parking for the proposed use and its patron numbers,

2 I have considered all submissions presented by the parties although I do not recite all of the contents in

these reasons.

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inappropriate operating hours given the insufficient provision of car parking and proposed patron numbers and permit ambiguities.

7 I note that Mr Wood offered no objection outright to the proposed use and submitted that the site was an appropriate location for it3. However, the substantial concerns of the review applicant are about the relationship between operating hours of the use and its impacts on the availability of car parking.

8 In the context of the above, I find the key issues I need to address are:

• Definition of use

• Is the use supported by strategic planning policy?

• Is the waiver of car parking justified?

• Will use of land for licensed premises have a detrimental impact on the amenity of the area?

• Are the permit preamble and conditions appropriate? 9 The Tribunal must decide whether a permit should be granted and, if so,

what conditions should be applied. Having considered all submissions and evidence presented with regard to the applicable policies and provisions of the Latrobe Planning Scheme, I have decided to grant a permit. My reasons follow.

Definition of use 10 During the course of the hearing and reviewing the information contained

on the Tribunal’s file and the Notice of Decision to Grant a Permit, I noted that the terms ‘function room’ and ‘function centre’ have both been used to describe the proposed use. Under Clause 74 - ‘Land Use Terms’ of the Latrobe Planning Scheme, and as pointed out by Mr Wood, there is no definition for ‘function room’. There is the following definition for ‘function centre’:

Land used, by arrangement, to cater for private functions, and in which food and drink may be served. It may include entertainment and dancing.

11 Irrespective of the term used, it was apparent, that in Council’s view, the proposed use was akin to that of a function centre.

12 Mr Wood expressed concern that the use of the term ‘function room’ as drafted in the Notice of Decision to Grant a Permit appears to be proposing a use of the site as a function area that is an expansion of the existing downstairs restaurant. This potentially could mean the site is used for general admission of the public contrary to that conveyed in the definition

3 The site is situated within the Traralgon Primary Activity Centre as shown in the Traralgon Structure Plan under Clause 21.05-6.

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of a ‘function centre’ where the use is for the purposes of conducting functions by arrangement.

13 Mr Wood’s observations in this regard were somewhat confirmed for me from the submissions of Mr Hoxley who described the proposal as seeking approval to use the first floor as a function room as part of the established restaurant where the bar/lounge area of the proposal would provide an area for patrons waiting for a table at ground floor as well as providing service to the function room.

14 In seeking to clarify matters, Mr Voloder tabled a letter from the permit applicant submitted with the permit application that clearly expressed the desire for the upstairs area to be used more in keeping with the land use definition of ‘function centre’ whereby pre-arranged functions are proposed to be catered for where alcohol will be served in conjunction with the service of a meal. Mr Hoxley submitted that this is appropriate and that patrons using the function centre are not associated with the use of the existing downstairs restaurant.

15 Having regard to the above discussion, I am satisfied that what is proposed in terms of the use of the site is that associated with the land use definition of the planning scheme and hence will direct that the permit is issued for a ‘function centre’.

Is the use supported by strategic planning policy? 16 Although the review applicant, through Mr Wood, expressed no objection

outright to the proposed use, I will briefly consider the strategic merits of the proposal for completeness.

17 The proposed function centre is intended to be located on the first floor of an existing two storey building situated, as described by Mr Hoxley, ‘in the heart’ of the commercial area of Traralgon. The site is shown under the Traralgon Structure Plan in Clause 21.05-6 - ‘Specific Main Town Strategies – Traralgon’ of the Latrobe Planning Scheme within the ‘Primary Activity Centre’ (Area 4). Both state and local planning policy4 identify the importance of activity centres and the business and retail functions they provide and encourage the concentration of retail, commercial, administrative, entertainment and cultural development within them.

18 Regional growth planning for the Gippsland region identifies Traralgon as part of a cluster of towns including Morwell, Moe and Churchill within a regional city involving Latrobe City and promotes growth in Traralgon5. Clause 11.08-3 - ‘Sustainable communities’ seeks to support streetscape and redevelopment initiatives in commercial centres, including Traralgon, which will be subject to significant growth to improve their attractiveness and usability. The commercial centre of Traralgon offers residents

4 Clauses 11.01-2, 11.05-1, 17.01-1 and 21.05-6. 5 Map 4 – Gippsland Regional Growth Plan under Clause 11.08.

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convenient access to jobs, services, and infrastructure and community facilities and supports the proposed use of the site for a function centre.

19 The proposal to utilise an existing vacant floor space (first floor) for a function centre makes inherent sense, particularly given the ground floor of the building is currently used as a restaurant. I consider there are synergies with respect to hospitality and entertainment activity within this building. In this regard the proposed use is supported by the objective under Clause 17.01-1 - ‘Business’ of encouraging development which meets the communities’ needs for entertainment services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

20 The function centre utilises the first floor of a former retail business6, is located within one of Traralgon’s prime commercial streets, makes efficient use of existing available infrastructure and provides a service that extends activity within the centre beyond normal business hours. I consider the proposal is well supported by and supports the intent of strategic planning policy under the planning scheme.

Is the waiver of car parking justified? 21 The waiver of car parking associated with the proposed function centre is an

issue linked with patron numbers and operating hours. The number of patrons informs the extent of car parking waiver and hence parking demand associated with the proposed use while operating hours influences patron numbers and hence determines the effect of parking demand on the supply in the area.

22 Under ‘Land Use Terms’ in Clause 74 of the Latrobe Planning Scheme, a function centre is included under the land use umbrella of ‘Place of assembly’. The car parking requirement for ‘Place of assembly’ under Table 1 to Clause 52.06-5 is 0.3 car spaces to each patron permitted. Council’s decision includes conditions limiting the number of patrons to 50 during operating hours of 12 noon to 3.00pm which attracts a car parking requirement of 15 spaces proposed to be waived. Any other time the number of patrons is limited to 100 equating to a car parking requirement of 30 spaces proposed to be fully waived.

23 The effect of what is proposed is a varying limit on the number of patrons permitted in association with the function centre based on its operating hours with a more limiting restriction associated with the ‘lunch time’ period compared to times before or after. Hence, the demand for parking associated with the use also varies in accordance with these times and patron numbers.

6 The existing building was previously used as a footwear store.

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24 State planning policy under Clause 18.02-5 - ‘Car parking’ includes an objective of ensuring an adequate supply of car parking that is appropriately located and seeks to achieve this by allocating or requiring land to be set aside for car parking subject to the existing and potential modes of access including public transport, the demand for off-street car parking, road capacity and the potential for demand management of car parking.

25 I am also required to consider relevant provisions under Clause 52.06 – ‘Car Parking’, the purpose of which includes, amongst others:

• To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality;

• To promote the efficient use of car parking spaces through the consolidation of car parking facilities; and

• To ensure that car parking does not adversely affect the amenity of the area.

26 Clause 52.06-6 allows the car parking requirement to be reduced to zero. In accordance with clause 52.06, I must be satisfied that it is appropriate to allow a reduction in the number of spaces provided for this proposal, having regard to the parking demand the proposal generates.

Parking demand

27 In terms of parking demand, the evidence of both Mr Abdou and Mr Brownlie agreed that demand for parking generated by the proposed function centre is a function as outlined under Table 1 to Clause 52.06-5 (i.e. 0.3 spaces to each patron permitted) and ranging from 15 car spaces between 12 noon and 3.00pm and 30 spaces at all other times.

28 Under Clause 52.06-6, I must consider the following matters, amongst others, when determining whether it is appropriate to allow this additional demand to be met by the existing supply of car parking spaces:

The availability of alternative car parking in the locality of the land including: • Public car parks intended to serve the land; • On street parking in non residential zones. The practicality of providing car parking on the site, particularly for lots of less than 300 square metres. Any adverse economic impact a shortfall of parking may have on the economic viability of any nearby activity centre. The future growth and development of any nearby activity centre. Any car parking deficiency associated with the existing use of the land.

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The impact of fewer car parking spaces on local amenity, including pedestrian amenity and the amenity of nearby residential areas. Access to or provision of alternative transport modes to and from the land.

Parking supply and use

29 Mr Wood raised concerns that due to the growth experienced in Traralgon, there is an emerging car parking management problem in the Traralgon Primary Activity Centre including, at times, a significant shortfall of car parking. He called evidence from Mr Abdou who estimated that based on the varying operating hours and patron limits, the parking required by the proposed function centre would result in an overall parking occupancy of up to 94% during the hours of 12 noon and 3.00pm (the restricted hours), 84% after 3.00pm and 91% before 12 noon.

30 Mr Abdou also considered that during weekdays periods when up to 67% of activity centre parking has a 2 hour parking limit and taking these spaces out of consideration based on patron use extending beyond 2 hours due to the nature of the proposed function centre use, the levels of occupancy could be as high as 99% during the restricted hours, 90% after 3.00pm and over capacity before 12 noon.

31 These occupancy levels of car parking supply highlighted to Mr Abdou that the available long term car parking is likely to be insufficient to accommodate the car parking demand of the proposed function centre. The result is that during weekday peak periods (from early morning to mid-afternoon) the parking supply around the site and area may appear full or close to full and customers/patrons visiting the site and surrounds will need to circulate to find available parking spaces thus detracting on existing businesses in the area.

32 This conclusion prompted the suggestion from Mr Abdou for the operating hours of the proposed function centre to be restricted from 3.00pm onwards and from Mr Wood from 4.00pm onwards. This would avoid the impacts of high car parking occupancy levels during the weekday late morning/midday/early afternoon peak periods for parking demand in the activity centre.

33 Mr Brownlie gave evidence identifying a similar parking occupancy percentage of 90% for the peak period (without excluding 2 hour limited parking) to that of Mr Abdou. However, Mr Brownlie considered the availability of 61 spaces from his survey at 12.30pm on Friday 30 May 2014 demonstrated that there would be sufficient parking available to accommodate the 15 spaces sought to be waived based on the restricted number of patrons during this period of time for the proposed use.

34 Other factors that also come into play in my considerations include:

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• The potential for car parking requirements to be less than anticipated for daytime weekday functions due to multi-purpose trips. For example, some attendees may already be within the Traralgon Primary Activity Centre for other reasons and would walk to the site; and

• The size of the survey area by the expert witnesses. The site is located in ‘the heart’ of the Traralgon Primary Activity Centre, as suggested by Mr Hoxley. As Mr Voloder confirmed, the car parking supply significantly increases if the wider activity centre is considered. He pointed out that background work on traffic activity and parking as part of Council’s 2010 Traralgon Activity Centre Plan established a peak parking demand of 55% for on-street parking spaces and 38% for off-street parking spaces, thus further enhancing Council and the permit applicant’s positions that the proposed use will not result in over-taxing car parking supply within the Traralgon Primary Activity Centre.

Consideration and approach towards parking

35 In terms of the issue of parking supply and demand, I recognise that the existing parking supply within the immediate locality of the site is highly sought after. It may become close to saturated during weekday peak periods, however I expect the operation of the proposed function centre may not necessarily result in such localised parking saturation occurring on a continuous basis. This is because the existing on-street parking is 2 hour limited resulting in a relatively high turnover of parking use and creating a regular availability of parking spaces in the area. The activities of the function centre will be expected to vary with peak patron capacity likely to occur at infrequent times. I would anticipate that the majority of activity related to functions would be expected at times after 3.00pm. In this circumstance, the total number of patrons in the premises is likely to be below the maximum capacity for much of the time during those times when on-street parking is at peak demand.

36 The proposed function centre is in the Traralgon Primary Activity Centre where I have concluded that such proposals are supported through both state and local planning policies. The Tribunal has in the past grappled with the issue of how to facilitate the introduction of new and appropriate uses into commercial areas and activity centres where car parking demand is high and parking difficulties are experienced. In centres that experience problematic parking availability during peak periods, a ’centre based’ approach towards the provision of parking and for the consideration of new uses has been applied. This approach was tested before His Honour Mandie J in Sansmark Pty Ltd and Ors v Boroondara CC7 and found by His Honour to be lawful. His Honour cited the description of the 'centre based'

7 [1998] 22AATR 103.

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approach, as set out by the Tribunal case the subject of his review8 as follows:

The basic approach in these decisions is that in important activity centres car parking considerations should not be determinative, instead the land use mix in a centre should arise from a combination of strategic planning and economic forces at work in the centre. Car parking issues have a part to play in this but should not dominate. At the level of the individual site where there is a change in circumstances, car parking shortfalls should be waived if it is consistent with the strategic plan for the centre, firstly because the most equitable solution is to deal with car parking on a centre wide basis, and secondly because, even in saturated car parking conditions, a balance will occur between the level of activity and the car parking supply.

37 His Honour concluded for the matter he was considering, that the proposed use was consistent with strategic planning for the relevant business centre. His Honour determined that the car parking requirement should be waived and that the car parking issues were to be dealt with by the Responsible Authority on a centre wide basis. I have considered this principle in this case together with consideration of other relevant information provided to me.

38 In light of the principle of the ‘centre based’ approach and the context of parking demand and supply pertinent to the Traralgon Primary Activity Centre described above, I consider the waiver of car parking is appropriate. In my view, what is most important is that there is a reasonably convenient supply of car spaces within the broader Traralgon Primary Activity Centre for patrons of the proposed function centre. In my view, it would be a poor planning decision to refuse the function centre given the policy support for the proposal.

39 I also place significant weight on the relevance of the ‘centre based’ approach towards parking. In principle, the function centre should not be constrained by a shortfall of parking spaces. I am loath to unreasonably restrict the function centre as a result.

Will use of land for licensed premises have a detrimental impact on the amenity of the area? 40 Regarding the proposed restaurant and café liquor licence, no significant

arguments were put to me against the granting of such a licence. However, for completeness, I will consider the liquor licence component and the operation of the proposed function centre.

41 Clause 52.27 requires a permit to use land to sell or consume liquor. It is proposed by the permit applicant to apply for a restaurant and café liquor

8 Hubbard & Ors v Boroondara CC (1996/46940 & Ors) [1997] VICCAT 199 (24 March 1997).

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licence. Such a licence permits the supply of alcohol to customers when the predominant activity at all times is the preparation and serving of meals for consumption on the premises.

42 The scope of the provisions under Clause 52.27 applies to premises licensed, or to be licensed, under the Liquor Control Reform Act 1998.

43 The consideration of amenity impacts from licensed premises is included under the purposes of Clause 52.27 which are:

• To ensure that licensed premises are situated in appropriate locations.

• To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.

44 The decision guidelines also refer to amenity where consideration is to be given to:

• The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

• The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area.

• The impact of the hours of operation on the amenity of the surrounding area.

• The impact of the number of patrons on the amenity of the surrounding area.

• The cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area.

45 Having regard to the above, the permit applicant has described that the proposed function centre will be used to cater for work functions, engagement parties, birthdays etc…. the site is located within the Traralgon Primary Activity Centre with no sensitive land uses in close proximity9.

46 The site is located in an area where there is a cluster of licensed premises with varying licenses operating beyond 11.00pm. However, Mr Voloder advised that the referral response from Victoria Police and Council’s Community Strengthening Team (a group established by Council to address social and community issues) both offered no objection to the licence proposal. I also note that Council has also sought to include a condition requiring a venue management plan to assist in managing liquor licence to limit impacts on amenity10. These elements, together with the type of liquor licence sought, limit on patron numbers and restricted hours for operation and liquor consumption, all combine in satisfying me that any concerns about impacts on amenity from the proposed function centre are

9 The closest sensitive use is St Michael Primary School approximately 350 metres north-east of the site. 10 This relates to a liquor accord supported by the Victoria Police, Council and venue operators.

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unlikely to be significant and can be appropriately managed. I find that the proposed function centre will contribute to the vibrancy and viability of Traralgon’s commercial precinct.

Are the permit preamble and conditions appropriate? 47 Mr Wood presented an amended version of a permit approval with changes

shown to Conditions 1, 4, 6 and 7. The changes were sought to improve the clarity of what is being approved and limiting the hours of operation of the function centre from 4.00pm onwards to avoid impacts on car parking in the area around the site during peak weekday periods.

48 As I have concluded earlier, the description of the permitted use is that of ‘function centre’ and not ‘function room’ to better align with what is defined under the planning scheme. Accordingly, the permit preamble is amended. To improve clarity I have also determined to amend the land description to include reference to the first floor of the existing premises.

49 The suggested change to Condition 1 relating to secondary consent of endorsed plans to include reference to the definition of ‘function centre’ is considered unnecessary, given the above conclusion on the amended permit preamble.

50 Regarding Condition 4 relating to patron numbers and Condition 6 and 7 relating to operating hours, the suggested amendment to limit operating hours from 4.00pm onwards is not considered justified, given my reasons above. Hence, I do not propose any changes apart from a correction in Condition 6 to include reference to the consumption of alcohol and in Condition 7 to replace the reference to Sunday with Saturday.

Conclusion 51 It follows from the above reasons that it is my conclusion that the decision

of Council is varied and a permit be granted that includes the conditions contained in the Notice of Decision to Grant a Permit issued by the Responsible Authority but modified to vary Conditions as referred to in my reasons.

52 Overall, I am satisfied the proposal will contribute towards the commercial vibrancy of Traralgon and is supported by planning policy.

Chris Harty Member

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APPENDIX A PERMIT APPLICATION NO: 2013/258 LAND: 58 Hotham Street, Traralgon (first floor

of existing premises) WHAT THE PERMIT ALLOWS: Use for a function centre (not intended

to be a night club), restaurant and café liquor licence and waiver of car parking and bicycle facilities generally in accordance with the endorsed plans forming part of this Permit.

CONDITIONS 1. The use as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority. 2. No external sound amplification equipment or loudspeakers are to be used

for the purpose of announcement, broadcast, playing of music or similar purpose.

3. Noise levels emanating from the premises must not exceed those required to be met under State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

4. Not more than 100 patrons on the may be present on the premises at any one time.

The only exception to this is between 12 p.m. and 3 p.m. (7 days a week) where the maximum number of patrons allowed on site is 50 except with the written consent of the Responsible Authority.

5. At all times during the operation of the use, there must be present on the premises a person over the age of 18 years who is responsible for ensuring that the activities on the premises and the conduct of persons attending the premises do not have a detrimental impact on the amenity of the locality to the satisfaction of the Responsible Authority (referred to in this permit as ‘the manager’). The manager must be authorised by the operator under this permit to make statements at any time on his/her behalf to any officer of the Responsible Authority and the Victoria Police and/or of Liquor Licensing Victoria authorised under section 129 of the Liquor Control Reform Act 1998; and/or to take action on his/her behalf in accordance with a direction by such officer.

6. Except with the prior written consent of the Responsible Authority, the consumption of alcohol on the licensed premises permitted by this permit must operate only between the following times:

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a) Good Friday and Anzac Day 12 noon - 11 pm; b) Su nday 10 am - 5 pm; and c) Any other day 10 am - 12 midnight. 7. The use (function centre) may operate only between the hours of 8:00 am –

12 midnight Monday to Saturday and 8 am – 5 pm on Sunday unless with the written consent of the Responsible Authority.

8. The operator of this permit must comply with any conditions set by the Victorian Commission for Gambling and Liquor Regulation.

9. At the request of the Responsible authority a Venue Management Plan must be submitted to and approved the responsible authority. The venue management plan must set out the measures to be implemented by the owner to assist in the orderly management of the liquor licence to limit any impacts of the use on the amenity of the locality. The venue management plan must include (but not be limited to):

a) The operator of the premises will participate in the Traralgon Liquor Accord.

b) Emergency Procedure Management plan. c) Responsible serving of alcohol guidelines and staff responsibilities.

d) Management of patron entrance (including queuing) and exit from the premises

e) The identification of all noise sources associated with the licensed premise (including, but not limited to, music noise, external areas allocated for smokers and queuing lines).

f) Hours of operation for all parts of the premise. g) Details of the provision of music including the frequency and hours of

entertainment provided by live bands and DJs. h) The identification of noise sensitive areas including residential uses and

accommodation in close proximity to the licensed premise. i) Measures to be undertaken to address all noise sources identified,

including any on and off-site noise attenuation measures. j) Details of staffing arrangements including numbers and working hours of

all security staff. k) Standard procedures to be undertaken by staff in the event of a complaint

by a member of the public, the Victoria Police, an authorised officer of the responsible authority or an officer of the liquor licensing authority.

l) Details of any measures to work with neighbours or other residents in the immediate area to address complaints and general operational issues.

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m) Any other measures to be undertaken to ensure minimal amenity impacts from the licensed premise.

Any amendment to venue management plan must be submitted to and approved by the Responsible Authority. The permitted use must be conducted in accordance with the provisions of this plan to the satisfaction of the responsible authority.

10. This permit will expire if the use is not started within two years of the date of this permit, or if the use ceases for a period of two years or greater.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of expiry of permit.

--- End of Conditions ---

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NOTICE OF AN APPLICATION FOR PLANNING PERMIT · 2019-07-31 · permit or that are separate from the...

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Transcript of NOTICE OF AN APPLICATION FOR PLANNING PERMIT · 2019-07-31 · permit or that are separate from the...