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2 RESIDENTIAL HOTEL AND RESTAURANT TO BE USED IN CONJUNCTION WITH

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									TOWN PLANNING COMMITTEE - 4 MAY 2009


2     RESIDENTIAL HOTEL AND RESTAURANT TO BE USED IN
      CONJUNCTION WITH AN OUTDOOR RECREATION FACILITY,
      PRINCES HIGHWAY, OFFICER
FILE REFERENCE 10701103300
RESPONSIBLE GENERAL MANAGER Phil Walton
AUTHOR Jan Cussen; Lisa Hall

RECOMMENDATION

That a Notice of Decision be issued to grant a planning permit for application T070194
for a residential hotel and restaurant to be used in conjunction with an outdoor
recreation facility, reduction in car parking at Lot 8 Block B LP433, Princes Highway
Officer and advertising signage generally in accordance with the attached conditions.


Attachments

1 Locality plan                                        1 Page
2 Site plan                                            1 Page
3 Letters of objections circulated to councillors only 5 Pages


EXECUTIVE SUMMARY:

Approval is sought for the use and development of the land for a residential hotel and
restaurant to be used in conjunction with an outdoor recreation facility (golf driving range),
reduction in carparking and advertising signage at Lot 8 Block B LP433, which is situated on
the corner of Starling Road and Princes Highway, Officer. The residential hotel will contain 80
motel style rooms and the restaurant will have a seating capacity for 100 patrons. The
application was advertised and four objections were received.

The proposal was amended to include the residential hotel and associated restaurant at the
Princes Highway frontage of the site with a golf driving range to the north of the buildings. The
proposed use and development is complementary to the location of the site and will not be in
conflict or compromise any future development of the site and surrounds, as such should be
supported.

APPLICATION NO.:                           T070194

APPLICANT:                                 Sette Brothers Pty. Ltd.

LAND:                                      Lot 8 Block B LP433, Princes Highway Officer

PROPOSAL:                                  The use and development of the land for a
                                           residential hotel and restaurant to be used in
                                           conjunction with an outdoor recreation facility (golf
                                           driving range), reduction in carparking and
                                           advertising signage.



Town Planning Committee                                                                Page 1 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

PLANNING CONTROLS:                         Urban Growth Zone
                                           Environmental Significance Overlay
                                           Land Subject to Inundation Overlay
                                           Adjacent to a Road Zone Category 1

NOTIFICATION AND OBJECTIONS:               The application has been advertised pursuant to
                                           Section 52 of the Planning and Environment Act,
                                           1987, by sending notices to adjoining and
                                           surrounding land owners and occupiers, and placing
                                           a sign on the site. There were four objections
                                           received.

KEY PLANNING CONSIDERATIONS:               Officer Structure Plan
                                           Urban Growth Zone
                                           Access and Car-parking


BACKGROUND:

Planning Permits T010301 and T010716 allows earthworks (filling the land) and the
realignment of an existing drain over the subject land. These works are well under way.

The application was originally lodged in March 2007 and proposed a hotel, motel, market and
traffic depot garage with car wash facilities. Council required further information to be
submitted in April 2007. The applicant requested a number of extensions of time to provide the
additional information and in February 2008 subsequently amended the application to a
residential hotel and restaurant used in conjunction with an outdoor recreation facility of golf
driving range. Again Council required further information to be submitted and again the
applicant request a number of extensions of time to provide the additional information. All
further information as requested was provided in November 2008.

The application was subsequently amended in February 2009 to address concerns raised by
Council’s Planning Officers. The amendment relocated the residential hotel and restaurant to
the Princes Highway frontage and the provision of a sufficient buffer along the west boundary
to ensure future infrastructure could be provided without impacting on buildings on the site.

SUBJECT SITE

The subject land is located on the north west corner of Starling Road and Princes Highway in
Officer. The site is generally rectangular in shape with a frontage of 208 metres to Princes
Highway and 252 metres to Starling Road with an overall area of 5.1 hectares. The land is
relatively flat although some fill has been stored on site, with no easements burdening the site.

The site is currently undeveloped with some vegetation along the fence-line in the south-west
corner and mounds of fill located throughout the site.

Surrounding use and development includes:

North: Land to the north is currently vacant.
East: Starling Road, a sealed road runs along the eastern boundary of the land. The Officer
       Recreation Reserve is located on the eastern side of Starling Road.
South: The Princes Highway runs along the southern boundary of the land.

Town Planning Committee                                                                Page 2 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

West: Land to the west is currently vacant.

The site is located at a prominent intersection along the Princes Highway and is located within
an established commercial area with a number of vacant sites.

PROPOSAL

The proposal is for a residential hotel and restaurant to be used in conjunction with an outdoor
recreation facility (golf driving range), reduction in carparking and advertising signage. The
development includes the residential hotel and restaurant at the Princes Highway frontage with
vehicular access provided off Starling Road with landscaping and pond areas along the west
boundary and surrounding the proposed building, parking and golf driving range.

The following is a summary of the proposal:

Residential hotel

A total of 80 rooms contained in eight single storey buildings in the southern part of the site.
The buildings are located in a curved arrangement with outlook for five of the buildings to the
driving range and the remaining three buildings located on the south side of the main driveway
area. The buildings are setback a minimum 8 metres from the Princes Highway frontage with
the setback generally well in excess of this minimum. The buildings provide a minimum 14
metre setback from Starling Road and 30 metres from the west boundary.

The proposed buildings are single storey in form with generally flat roof with some angled roof
features. The buildings have a general wall height of 3 metres and a maximum height of 5
metres and will be constructed with timber walls and colourbond feature areas. The hotel
proposes three different room types with each individual building providing for one type of room
(ie single or double).

Office/restaurant/pavilion

A proposed building is in the southern section of the site located centrally between the
proposed residential hotel. The building will be used for an office, restaurant and pavilion in
conjunction with the outdoor recreation facility (golf driving range). The building is single storey
with a general wall height of 3 metres and overall of 5.5 metres with similar external treatments
as the residential hotel.

The building contains a total of 100 seats with an indoor and outdoor dining area. The building
also contains the hotel reception, offices and a store room.

Golf driving range and miniature golf

The golf driving range is located to the north of the residential hotel and restaurant and covers
the majority of the subject site. The driving range consists of an oval with the tee off area
which is located adjacent to the restaurant with the provision of nets at the northern end of the
site. The applicant has confirmed that the driving range will only be used during daylight
hours. The miniature golf course is located adjacent to the Starling Road frontage.




Town Planning Committee                                                                  Page 3 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

Access and carparking

Vehicular access to the site is proposed off Starling Road with a two way central driveway is
proposed to run east west across the subject site.

The parking areas are generally contained along the main driveway area with an additional
parking area located in the south east corner of the site. A total of 125 on-site carparking
spaces are proposed. The accessway design also includes a bus delivery and turning area
located adjacent to the main office/restaurant/pavilion building.

Signage

A business identification sign is proposed on the corner of the Princes Highway and Starling
Road, measuring 3 metres by 7 metres. The sign will be double sided with illuminated text
‘Woods Park Motel & Golf Driving Range’.

PLANNING REQUIREMENTS

Pursuant to Clause 37.07-1 and Clause 37.07-4 of the Urban Growth Zone (UGZ) a planning
permit is required to use and develop the land for a Residential hotel and Restaurant. Clause
37.07-1 contains a condition that requires that a Residential hotel and Restaurant must be
used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery.

Pursuant to Clause 42.01-1 of the Land Subject to Inundation Overlay (LSIO) a planning permit
is required for buildings and works. The proposal does not meet any of the exemptions listed.
The LSIO only affects the western portion of the land.

Pursuant to Clause 52.05-8 of the advertising sign provisions a planning permit is required for
illuminated business identification signage.

Pursuant to Clause 52.06-13 ‘Car Parking’ a planning permit may be granted to reduce car
parking.

PLANNING POLICY

State Planning Policy Framework

Clause 12 “Metropolitan Development” of the State Planning Policy Framework is of relevance
in the consideration of this application. Strategies include:

      ‘Establish an urban growth boundary to set clear limits to Metropolitan Melbourne’s
      urban development by:

      •   Defining the urban area of Metropolitan Melbourne with an urban growth
          boundary to manage outward expansion, to facilitate achievement of a
          compact city, to protect non-urban areas and to ensure ready access to
          infrastructure in key transport corridors.
      •   Containing urban development within the established urban growth boundary.
          Any change to the urban growth boundary must only occur to reflect the needs
          demonstrated in the designated growth areas.


Town Planning Committee                                                               Page 4 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

      •   Protecting the continued rural use of land within the urban growth boundary
          until conversion to urban use is required and the extension of the urban
          services is approved as part of the sequencing of development’.

Clause 15.02 “Floodplain management”, the purpose of this policy is to assist the protection of:
      •   ‘Life, property and community infrastructure from flood hazard.
      •   The natural flood carrying capacity of rivers, streams and floodways.
      •   The flood storage function of floodplains and waterways.
      •   Floodplain areas of environmental significance’.

The application of this policy is through the application of relevant overlays and regional
catchment strategies.

Clause 17.02 “Business” is to encourage developments, which meet community’s needs for
retail, entertainment, office and other commercial services and provide net community benefit
in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of
commercial facilities.

Clause 19.03 “Design and Built form” is of relevance to this application. The objective of
Clause 19.03-1 is:

      To achieve high quality urban design and architecture that:
      • ‘Reflects the particular characteristics, aspirations and cultural identity of the
         community.
      • Enhances liveability, diversity, amenity and safety of the public realm.
      • Promotes attractiveness of towns and cities within broader strategic contexts’.

Local Planning Policy Framework

Clause 21.06 “Economic Issues” notes that encouraging local employment opportunities
results in residents travelling shorter distances to work and spending less time and money on
travel and resulting in a better quality of life.

Clause 21.07-1 “Infrastructure” is relevant in the consideration of this application. The
objective of Clause 21.07-1 is:

      ‘To ensure the timely provision of an adequate level of physical and social
      infrastructure, foster economic development, ensure the well being of the
      community and protect the environment’.

      Strategies include:

      ‘Provide for the payment of development levies to fund physical and community
      infrastructure associated with urban development’.

Clause 21.07-2 “Road Network” aims to provide an efficient, safe and attractive regional and
local road network. One notable strategy of this Clause is to ‘discourage the proliferation of
advertising (particularly promotional) signs along roads.’




Town Planning Committee                                                                    Page 5 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

Clause 21.08 “Settlement and Housing Issues” is relevant in the consideration of this
application.

      The objective of Clause 21.08-1 “Urban Growth Corridor” is:

      To create a functional, attractive, safe and sustainable urban environment for the existing
      and future community of the Cardinia urban growth area.

      Strategies include:
      • Protect areas of future urban development from inappropriate subdivision and
         development which affects the efficient development of the land for urban purposes in
         the future.
      • Provide for development contributions to fund physical and community infrastructure
         associated with urban development.
      • Provide a distinct character and identity for urban areas through retention of existing
         vegetation, respect for topography, appropriate streetscaping and the provision of
         adequate open space.

      Strategies in relation to the urban growth corridor will be implemented by:
      • Progressively rezoning land for residential purposes and other urban purposes as
         local structure plans are completed, infrastructure services are available and demand
         requires the release of new areas.

      The objective of Clause 21.08-3 “Urban design” is:

            To promote a high standard of urban design recognising the contribution that urban
            design makes to the overall image of the municipality.

Clause 21.09-1 “Environment” provides strategies to protect the environment and ensure that
consideration of environmental issues in development within the municipality. It notes the
importance of the environment as a key element in achieving economic growth and a high
standard of living. With relevance to this proposal Clause 21.09-2 Catchment Management the
objective of this overlay:

       To maintain and improve water quality in catchments in the municipality, and to reduce
       and manage development which adversely impacts on the operation and health of
       waterway systems.

Draft Officer structure plan

The Officer Structure Plan is currently being developed, it is envisaged that the structure plan
will incorporate for medium to long term development within the urban growth area with
projections of the area being developed in the next 5 -15 years.

The subject site is located within the ‘Draft’ Officer Structure plan includes the southern half of
the site within a business/mixed use area with non-retail commercial with the northern part of
the site located within residential land. The site includes a proposed collector road running
east west dissecting the site and encumbered open space along the west boundary to provide
for drainage lines. Melbourne Water as noted the requirement of a 30 metre wide area along
the west boundary.



Town Planning Committee                                                                  Page 6 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

PUBLIC NOTIFICATION

The application has been advertised pursuant to Section 52 of the Planning and Environment
Act 1987, by sending notices to the owners and occupiers of adjoining and surrounding land
and by placing two signs on the land (Starling Road and Princes Highway frontage). The
public notification has been carried out correctly and Council has received four objection letters
from four residents to date.

The objections raise the following issues:

•   Application is premature and being considered prior to the approval of the Officer Structure
    Plan.
•   Increased traffic along Starling Road and potential damage to the roadway.
•   Potential curbside parking on Starling Road.
•   Reduction of carparking requirements may set an undesirable precedent.
•   Concerns about the site not being sewered.

REFERRALS

VicRoads

The application was referred to VicRoads. VicRoads had no objections to the proposal subject
to a number of conditions including the provision of an extension to the turning lane, widening
of Starling Road and other standard conditions.

Melbourne Water

The application was referred to Melbourne Water. Melbourne Water had no objection to the
proposal subject to the control of stormwater run off and the construction of finished floor levels
a minimum 600 mm above the applicable flood level and other standard conditions.

Environment Protection Authority

The application was referred to the EPA. The EPA noted that works approval may be required
for the proposed development and may also require a waste discharge licence. The EPA
noted that without detailed works approval application they cannot indicate whether installing
the Sewerage Treatment Plant is the preferred option, although suggested that conditions
relating to the installation of any wastewater treatment plant be in accordance with EPA
requirement or alternative be connected to a reticulated sewer.

Internal referrals

Internally the application was referred to Council’s Engineering, Strategic Planning, Health and
Parks & Gardens Department for comment. The referral responses of these internal
Departments are summarised below:

•   The Engineering Department had no objections subject to the widening of Starling Road,
    provision of footpaths, provision of golf ball nets and other standard requirements.

•   The Strategic Planning Department had no objection to the proposal subject to the
    requirement of development contributions and that the plans reflect the required Starling
    Road widening.
Town Planning Committee                                                                 Page 7 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

•   The Health Department had no objection to the proposed development subject to standard
    conditions relating the retention of wastewater on the site and connection to the future
    reticulated sewer when it becomes available.

•   The Parks & Gardens Department had no objection to the proposal subject to the provision
    of a landscape plan including details of road reservations and proposed street trees.

DISCUSSION

Strategic direction and urban growth zone

The proposal provides a use and site arrangement that is consistent with the strategic direction
of the area and offers flexibility in terms of future development.

One of the key objectives of the Urban Growth Zone is to ensure that, before a precinct
structure plan is applied, the use and development of land does not prejudice the future urban
use and development of the land.

The location of the proposed residential hotel and restaurant at the southern end of the site is
consistent with the non retail commercial use that is envisaged by the Draft Structure Plan, this
combined with the location of the ‘open’ driving range area at the northern end of the site
would allow for the future redevelopment of this area for residential purposes provides clear
indication that the development will not prejudice the future urban use and development of the
land.

Further the site layout will not hinder the provision of a collector road which is proposed to
dissect the subject site, nor will it impact on the drainage reservation required along the west
boundary given the minimum 30 metre setback of the proposed buildings from this boundary.

On balance these features of the proposed use and development satisfy the requirements of
the Urban Growth Zone in that the development will not compromise the future urban use of
the land.

Development

The proposed development is modest in form and design and will provide consistency with the
surrounding development. The location of the buildings at the southern end of the site with
frontage to Princes Highway will integrate well with the surrounding uses and will not have any
detrimental impact on adjoining properties. The site layout has provided for good landscaping
areas on both street frontages and along common boundaries.

It is noted that more detailed information regarding the site layout consistent with plans that
were initially submitted with the proposed will need to be amended to provide for the relocation
of the buildings to the south side of the lot.

Access and car parking

The proposed access arrangement is considered suitable with no objection from both
VicRoads or Councils engineers. The development is subject to the requirement of widening
the road to provide for adequate access on both road frontages and will provide consistency
with the future upgrade of Starling Road that may result from the Precinct Structure Plan.


Town Planning Committee                                                                 Page 8 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

The internal driveways have been designed to provide for easy access and egress within the
site with a suitable bus and delivery truck turning area provided. The proposal provides for a
total of 125 on site parking.

The following car spaces are required under the Cardinia Planning Scheme:

 Use           Proposed                Clause 52.06 Rate       Council’s previously         Statutory
                                                               accepted rate (as detailed   Requirement
                                                               in the Pakenham
                                                               Township Urban Design
                                                               Framework)
 Motel         80 units with           1 space per unit        None specified               83
               approximately 130 m2    1 space per resident
               of service floor area   employee
                                       2 spaces per 100 m2
                                       of service floor area
 Food and      100 seats               0.6 spaces per seat     0.4 spaces per seat          60
 Drink
 Premises
 Outdoor       Outdoor Recreation      None specified          None specified               -
 Recreation    Facility
 Facility
                                       Total Required                                       143 spaces
                                       Total provided                                       125 spaces
                                       SHORTFALL                                            18 spaces

In considering a reduction in parking or a waiver Council must consider as relevant:

•      The availability of car parking in the locality.
•      The availability of public transport in the locality.
•      Any reduction in car parking demand due to the sharing of car spaces by multiple uses,
       either because of variation of car parking demand over time or because of efficiencies
       gained from the consolidation of shared car parking spaces.
•      Any car parking deficiency or surplus associated with the existing use of the land.
•      Any credit which should be allowed for a car parking demand deemed to have been
       provided in association with a use which existed before the change of parking
       requirement.

Based on this assessment the proposed parking arrangement is considered to be satisfactory
for the type of development and the multiple uses that exist for the development. If the
proposed units are fully occupied it could be envisaged that the recreational facility and
associated restaurant would be used by these occupants combining the parking requirements
and providing clear indication that the shortfall of 18 spaces would be adequately covered by
the parking proposed. In addition the general rate of parking for a restaurant that is applied
across the municipality is 0.4 spaces per seat, by applying this reduction the parking provided
accords with Council requirements.

Signage

The proposed signage is consistent with the nature of the surrounds and provides an
appropriate balance between the context and the need for identification of the site. The
context and form of the sign is suitable as such is consistent with the policy framework in the
Cardinia Planning Scheme.



Town Planning Committee                                                                          Page 9 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

The proposed sign provides appropriate identification of the site the following is noted:

•   Size and Scale: The proposed signs are proportional to the size and scale and compliment
    the style and character of the proposed building. The signs suitable size to ensure minimal
    impact on adjoining residential properties and adjoining roads.

•   Location and Appearance: The colours, graphic content and placement of the signs are
    considered suitable for site and surrounds. The signage ensured the appropriate
    identification of the business whilst providing appropriate directional signage to assist
    customers. The proposed signs are suitably located to ensure the supporting structures will
    not affect the appearance of the signs.

•   Surrounding Area: The signs will not result proliferation of signs and have been suitably
    setback from adjoining residential areas to minimise any potential as such will not cause
    any detriment to the surrounding area.

•   Signage Patterns: The proposed signs will not impact on any existing signs and on
    abutting premises, with the proposed signs allowing for appropriate identification of the site.

Land subject to inundation

The western portion of the land is affected by the Land Subject to Inundation Overlay. The
proposed works are consistent with the surrounding uses and with the existing development on
the site, subject to conditions unlikely to increase the risk in terms of loss of property or life due
to flooding. The application has been referred to the relevant authority with no objection to the
proposal as such it is considered the development is consistent with the requirements of this
overlay.

Objectors concerns

Officer structure plan

A noted concern by each of the objectors was that the development was pre-mature as an
Officer Structure Plan has not been adopted. Although a Structure plan is yet to be adopted
the planning scheme provisions allow for development within the Urban Growth Zone provided
the Responsible Authority is satisfied that in the absence of a Precinct Structure Plan the use
and or development will not prejudice the future urban use of the land. As detailed above it is
considered the development has been appropriately designed to achieve this objective.

Traffic and parking

A detailed assessment of traffic and parking has been provided above. The development will
require the widening of part of Princes Highway turning lane and Starling Road. These issues
have been addressed by both VicRoads conditions and Engineering requirements. In terms of
parking on site it is considered that the proposed layout allows for adequate on site parking.

Drainage and waste disposal

The application has been referred to both internal and external departments. The proposal has
provided for an on site Sewerage Treatment Plant, which is likely to require works approval by
the EPA. It is considered that these issues can be adequately covered through permit
conditions with no objection provided from internal departments or from Melbourne Water and
the EPA.

Town Planning Committee                                                                   Page 10 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

CONCLUSION

The proposal is consistent with the strategic direction for the area and will support growth
within the township of Officer.

Recommendation

That a Notice of Decision be issued to grant Planning Application T070194 for a
residential hotel and restaurant to be used in conjunction with an outdoor recreation
facility, reduction in car parking at Lot 8 Block B LP433, Princes Highway Officer and
advertising signage generally in accordance with the following conditions:

Amended Plans

1.    The development must not be commenced until (three) copies of plans have been
      submitted to and approved by the Responsible Authority. The plans must be drawn to
      scale and dimensioned in metric. The plans must be generally in accordance with the
      plan number TP-01 of 01 Revision B dated 19 February 2009 and TP-02 to TP-06 dated
      11 November 2008 but amended to show:

      a.    A proposed reserve along the east title boundary to accommodate the 4 metre
            widening of Starling Road to the satisfaction of the Responsible Authority.

      b.    A splay to be set aside for road widening purposes in the south east corner of the
            land to the satisfaction of VicRoads and the Responsible Authority.

      c.    The relocated position of the sign to accommodate conditions 1a & 1b.

      d.    The notation of a 2.5 metre footpath along Princes Highway and Starling Road.

      e.    Revised Master plans to reflect the alterations to the design including the proposed
            driveway widths, car parking widths, turning areas to ensure all vehicle can exit in a
            forward direction and provision of appropriately located disabled parking spaces.

      f.    Revised elevation plans to reflect the reconfiguration of the development from the
            north to the south side of the site.

      g.    A landscape plan, prepared by a landscape architect or person approved by the
            Responsible Authority as having sufficient competence in that field showing species,
            locations, approximate height and spread of proposed planting and the retention of
            existing trees and shrubs. The plan must include landscaping on the subject site
            and the treatment of Princes Highway and Starling Road reserve, in particular the
            existing and proposed street trees on Starling Road and proposed footpaths on both
            frontages.

2.    The layout of the site and the size of the proposed buildings and works, as shown on the
      approved plans, must not be altered or modified without the consent in writing of the
      Responsible Authority.




Town Planning Committee                                                                 Page 11 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

Prior to development commencing

3.    Before the development commences a stormwater management plan showing the
      stormwater works to the nominated point of discharge must be prepared to the
      satisfaction of the Responsible Authority. The stormwater management plan must be
      prepared by a qualified person and show details of the proposed stormwater works
      including all existing and proposed features that may have impact (eg. Trees to be
      retained, crossings, services, fences, abutting buildings, existing boundary levels etc.).
      All works must be undertaken in accordance with the approved stormwater management
      plan.

4.    Prior to the commencement of works an additional traffic impact assessment report is
      required to be submitted to Council for approval to determine an appropriate intersection
      type and layout at the intersection of Starling Road and the entrance to the proposed
      development (Woods Drive).

5.    Prior to the commencement of works the applicant must provide evidence that the
      proposed Sewerage Treatment Plant has works approval from the Environment
      Protection Authority (EPA), or alternatively that the development has been connected to
      the reticulated sewerage system.

6.    Once the development has commenced, it must be continued and completed to the
      satisfaction of the Responsible Authority.

Development contributions

7.    Prior to any occupation/use the permit holder must enter into an agreement under Section
      173 of the Planning and Environment Act 1987 with the Responsible Authority which
      provides for contributions in accordance with the development contributions plan to be
      introduced over the Officer Precinct. Agreed works may be offset against contributions by
      agreement with the Responsible Authority.

      The form and content of the Section 173 Agreement must be to the satisfaction of the
      Responsible Authority and all costs relating to the preparation and registration of the
      agreement on title must be met by the permit holder.

Prior to use commencing

8.    Prior to the commencement of the proposed use the permit holder must:

      (a)   Design and build golf ball containment nets at the locations indicated on the
            approved plan and in accordance with plans and specification approved by and to
            the satisfaction of the Responsible Authority. The height and extent of the nets
            must be approved by the Responsible Authority before the nets are constructed.
      (b)   Design and construct kerb and channel, road widening and a 2.5 metre wide
            concrete footpath along Starling Road frontage of the site in accordance with plans
            and specifications approved by and to the satisfaction of the Responsible Authority.
      (c)   Design and construct a 2.5 metre wide concrete footpath across the Princes
            Highway frontage of the site in accordance with plans and specifications approved
            by and to the satisfaction VicRoads and the Responsible Authority.



Town Planning Committee                                                               Page 12 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

      (d)   Surface all internal access, circulation and parking areas with concrete, asphalt or
            other approved hard surfacing material and delineate the parking areas to the
            satisfaction of the Responsible Authority.
      (e)   Construct the intersection of Starling Road and entrance to the development
            (Woods Drive) as detailed in the approved traffic impact assessment report in
            accordance with plans and specifications approved by and to the satisfaction of the
            Responsible Authority.
      (f)   Erect ‘no entry’ signs to restrict buses from travelling west beyond the dedicated bus
            and delivery van turning zone.
      (g)   Design and construct outfall drainage to the satisfactory point of discharge in
            accordance with the plans and specifications approved by and to the satisfaction of
            the Responsible Authority and Melbourne Water.

Stormwater

9.    All stormwater must be conveyed by means of drains to satisfactory points or areas of
      discharge approved by the responsible authority so that it will have no detrimental affect
      on the environment or adjoining property owners.

10. The development of the site must be provided with stormwater works which incorporates
    the use of water sensitive urban design principles to improve stormwater runoff quality.
    The system must be maintained to the satisfaction of the Responsible Authority.
    Council’s development engineers can advise on satisfactory options to achieve these
    desired outcomes which may include the use of an infiltration or bioretention system,
    rainwater tanks connected for re-use.

11. Stormwater works must be provided on the site so as to prevent overflows onto adjacent
    properties.

12. Rainwater tanks must be installed on site for water re-use to the satisfaction of the
    Responsible Authority.

Waste disposal

13. All wastewater from the proposed development must be treated and contained on site in
    accordance with EPA (Environment Protection Authority) requirements.

14. Prior to the installation works commencing on the septic tank system, a Works Approval
    must be obtained from the EPA.

15. All wastewater from the development must be discharged into the reticulated sewerage
    system, to the satisfaction of the Responsible Authority, within 3 months of the sewerage
    system becoming available to the property.

Earthworks

16. All earthworks must be undertaken in a manner that minimises soil erosion, and any
    exposed areas of soil must be stabilised to prevent soil erosion to the satisfaction of the
    responsible authority.




Town Planning Committee                                                                Page 13 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

Parking and loading

17. The layout and dimensions of the proposed access and car park must accord with clause
    52.06 of the Cardinia Planning Scheme.

18. The loading and unloading of vehicles and the delivery of goods to and from the premises
    must at all times be carried out entirely within the site and must not interfere with other
    traffic.

External treatment

19. The exterior colour and cladding of the buildings must not result in any adverse visual
    impact on the environment of the area and all external cladding and trim of the building,
    including the roof, must be of a non-reflective nature.

Amenity

20. Without the written consent of the responsible authority the golf driving range may only
    operate between the following hours:
    a. 8.00am till 6pm seven days a week.

21. Without the written consent of the responsible authority the restaurant may only operate
    between the following hours:
    a. 6.30am till 11pm seven days a week.

22. External lighting of the areas set aside for car parking, access lanes and driveways must
    be designed, baffled and located to the satisfaction of the Responsible Authority to
    prevent any adverse effect on adjoining land.

23. The site must be so ordered and maintained as not to prejudicially affect the amenity of
    the locality by reason of appearance.

24. The development must be managed to the satisfaction of the responsible authority so that
    the amenity of the area is not detrimentally affected, through the:

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

      (b) Appearance of any building, works or materials.

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

      (d) Presence of Vermin.

25. No external sound amplification equipment or loudspeakers are to be used for the
    purpose of announcements, broadcasts, playing of music or similar purposes.

26. All bins and receptacles used for the collection and storage of garbage, bottles and other
    solid wastes shall be kept in a storage area screened from view to the satisfaction of the
    Responsible Authority.



Town Planning Committee                                                                 Page 14 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

Melbourne Water conditions

27. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into
    Melbourne Water’s drains or watercourses.

28. At least 21 days prior to commencement of works, a Site Management Plan detailing
    pollution and sediment control measures, must be submitted to Melbourne Water.

29. Stormwater runoff from the development must achieve State Environment Protection
    Policy (Waters of Victoria) objectives fro environmental management of stormwater as set
    out in the ‘Urban Stormwater Best Practice Environmental Management Guidelines
    (CSIRO) 1999’.

30. Prior to the commencement of works, a Stormwater Management Strategy must be
    submitted to the Responsible Authority and Melbourne Water for approval. The strategy
    must show inclusion of permanent on-site stormwater quality.

31. Finished floor levels for all habitable buildings must be a minimum of 600mm above the
    applicable flood level.

32. Car parking may be constructed no lower than 350mm below the applicable flood level.

33. Prior to the commencement of works separate application, direct to Melbourne Water,
    must be made for any new or modified storm water connection to Melbourne Water’s
    drains or watercourses. Development contributions may be applicable. Contact Asset
    Services on telephone 9235 1414 for Melbourne Water’s connection requirements,
    including payment of appropriate fees.

VicRoads conditions

34. The existing right turn land from Princes Highway to Starling Road shall be extended to
    90 metres long with an additional 30 metre taper to the satisfaction of VicRoads and the
    Responsible Authority.

35. Starling Road shall be widened to provide separate right and left turning lanes for existing
    traffic, for a distance of at least 20 metres plus a 30 metre taper from Princes Highway
    intersection, to the satisfaction of VicRoads and the Responsible Authority.

36. Prior to the commencement of any roadworks on Princes Highway the applicant must
    prepare the following documents to the satisfaction of VicRoads and the Responsible
    Authority;
    a. Functional layout plans of the modifications and associated roadworks at the Princes
        Highway/Starling Road intersection and along Starling Road.
    b. Detailed engineering plans of the roadworks at the Princes Highway/Starling Road
        intersection and along Starling Road.
    c. A Road Safety Audit that reviews the detailed engineering plans of the roadworks.
        The Road Safety Audit must be prepared by an independent VicRoad pre-qualified
        road safety auditor and be prepared in accordance with Austroads–Road Safety Audit
        (Second Edition, 2002).




Town Planning Committee                                                               Page 15 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

37. The detailed engineering plans of the roadworks must be amended to address any items
    raised in the Road Safety Audit to the satisfaction of VicRoads prior to the approval of the
    plans.

38. Before the commencement of any roadworks authorised by this permit at the intersection
    of Princes Highway/Starling Road, the applicant must:

     a. Provide a bank guarantee (in the name of the developer) without a termination date, to
        VicRoads for the estimated cost of works.

     b. Provide evidence that the Contractor has a public liability insurance policy for at least
        $10 million, effective for the duration of the works.

     c. Provide VicRoads with the name, address, business and out-of-hours telephone
        numbers of the principle roadworks contractor

     d. At least 21 days prior to the commencement of the works provide VicRoads with a
        Traffic Management Plan showing the proposed provision for traffic and signing for the
        duration of the works on Princes Highway. The Traffic Management Plan must
        prepared in accordance with the Road Management Act 2004, Worksite Safety –
        Traffic Management, Code of Practice.

     e. Have first applied for, and received, written consent from VicRoads for the roadworks
        in accordance with Section 63 of the Road Management Act 2004.

      f. Provide payment to VicRoads of the certification audit fee.

39. Provide evidence that the contractor has developed and maintained a Quality
    Management System, Occupational Health and Safety System, Environmental
    Management System and Traffic Management system, to the satisfaction of VicRoads.

40. The standard of all materials and works at the Princes Highway/Starling Road intersection
    must be in accordance with VicRoads ‘Standard Specification for Roadworks and
    Bridgeworks’ to the satisfaction of the Responsible Authority.

41. The applicant must engage an approved VicRoads contractor (pre-qualified at the
    appropriate level or as otherwise approved) to undertake all works at the Princes
    Highway/Starling Road intersection.

42. The applicant must arrange for and pay the full costs of all public works associated with
    the access arrangements, which are required to satisfy VicRoads conditions pursuant
    with this permit.

43. The business signs adjacent to Princes Highway shall not be animated and no flashing or
    intermittent lights may be displayed.

44. The intensity of the illumination of the signs must be limited so as not cause glare or
    distraction to motorists or other persons or loss of amenity in the surrounding area all to
    the satisfaction of the Responsible Authority.

45. The signs shall be constructed and maintained to the satisfaction of the Responsible
    Authority.

Town Planning Committee                                                                Page 16 of 24
TOWN PLANNING COMMITTEE - 4 MAY 2009

46. The signs must be located wholly within the subject property. That is no part of the sign
    may encroach into the Princes Highway reservation.

Permit Expiry

46. In accordance with Section 68 of the Planning and Environment Act 1987, this permit will
    expire if one of the following circumstances applies:

   •   The development is not commenced within two years of the date of this permit;
   •   The development is not completed within four years of the date of this permit.

47. The signage will expire 15 years from the date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible
Authority may extend the periods referred to, if a request is made in writing before the permit
expires or within three months afterwards.

Notes:

Permission given under planning legislation cannot be construed as permission relating to any
other legislation under Council jurisdiction, such as Health, Food or Tobacco Acts.

It is recommended that the permit holder contact the relevant sewerage authority regarding the
possibility of sewer availability within the next few years.




Town Planning Committee                                                               Page 17 of 24
Attachment 1            Locality plan




Attachment 1 - Locality plan            Page 18
Attachment 2               Site plan




Attachment 2 - Site plan               Page 19

								
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