1158 Nepean Hwy Mornington

Transcription

1 Submission to Kaufland Stores in Victoria Advisory Committee (Mornington) 1158 Nepean Hwy Mornington Prepared by Akemi Traill, Senior Town Planner of Tract Consultants Pty Ltd 21 March

2 Peninsula Home Aventus Group Pty Ltd own and operate Peninsula Home Homemakers Centre ( Peninsula Home ) located at Nepean Hwy, Mornington Peninsula Home Bata Site Kaufland Mornington Store 2

3 Peninsula Home Peninsula Home includes a mix of large scale retailers, gym, furniture and home appliance stores, ALDI supermarket and two small cafes. 30 tenancies, 33,000m 2 gross lettable area, 840 car parks 3

4 Nature of Aventus submission Aventus Group is supportive of the Kaufland Mornington Store in principal. However, we raise the following concerns in relation to the proposal: Issue 1: Mornington Kaufland Store is prohibited under INZ3 and should investigate rezoning to CZ2 Issue 2: Shop is prohibited under INZ3 Issue 3: 22 Metre Pylon Sign 4

5 Documents Reviewed In preparing this presentation, the following documents have been reviewed: Proposed planning scheme changes, including the Incorporated Document and explanatory report and site identification plan. Amended Drawing Plans ACP plans prepared by Leffler Simes Architects (dated 13th February, 2019) Urban Design Evidence prepared by Brodie Blades of SJB Urban Planning Evidence prepared by Andrew Biacsi of Contour Planning Traffic Engineering Evidence prepared by Simon Davies of GTA Consultants Peer Review Traffic Engineering submission prepared by Christine Dunstan of Traffix Group Landscape Architecture Evidence prepared bb Mark McWha of Formium Pty Ltd. Economic Impact Assessment prepared by Tony Dimasi of Dimasi & Co. Mornington Peninsula Planning Scheme and the Planning and Environment Act 1987 Mornington Peninsula Activity Centre Strategy, April 2018 Mornington Peninsula Industrial Areas Strategy, April 2018 Proposed Development Plan (Bata Site) Council meeting notes 18 February 2019 Kaufland Australia Part B Kaufland version Incorporated Document (Document 106) 5

6 Existing planning controls Industrial 3 Zone (INZ3) To provide for industries and associated uses in specific areas where special consideration of the nature and impacts of industrial uses is required or to avoid inter-industry conflict. To provide a buffer between the Industrial 1 Zone or Industrial 2 Zone and local communities, which allows for industries and associated uses compatible with the nearby community. To allow limited retail opportunities including convenience shops, small scale supermarkets and associated shops in appropriate locations. To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land uses. 6

7 Existing planning controls Development Plan Overlay Schedule 2 (DPO2) To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. To exempt an application from notice and review if a development plan has been prepared to the satisfaction of the responsible authority. DPO2 Schedule 2 to the DPO applies to the land on Nepean Highway, between Oakbank Road and Bungower Road, Mornington. This includes the Bata site, Peninsula Home and Bunnings. A development plan is required to ensure an appropriate standard of development for this prominent area. This includes minimum setback provisions, building plot ratios and landscaping requirements. 7

8 Kaufland Mornington Store Proposed Planning Controls Apply the Specific Controls Overlay to the site List the Kaufland supermarket development, 1158 Nepean Highway, Mornington as an incorporated document in the schedule to clause (Specific Controls Overlay) List the Kaufland supermarket development, 1158 Nepean Highway, Mornington into Clause as an incorporated document to the Mornington Peninsula Planning Scheme Existing zones and overlays covering the site will remain. 8

9 Issue 1: Mornington Kaufland Store Prohibited and Rezone to C2Z The proposal includes a 3610m 2 supermarket proposal (amended plans show 3,580m 2 ). Under the INZ3, a supermarket is as of right if the following conditions are met: The leasable floor area must not exceed 1800m 2 The site must adjoin, or be within 30 metres of, a road in a Road Zone Must be on land within an urban growth boundary and in metropolitan Melbourne If these conditions cannot be met, the proposed supermarket is prohibited. The application of the Specific Controls Overlay (SCO) to by-pass the planning controls on the site is not the appropriate method to approve the proposal. The approval of the proposal via the SCO fails to consider broader activity centre planning for the Mornington Peninsula Shire. This proposal presents an opportunity to investigate rezoning of the broader land to Commercial 2 Zone. 9

10 Issue 1: Mornington Kaufland Store Prohibited and Rezone to CZ2 Why the proposal does not meet the zoning requirements: The INZ3 seeks to: limited retail opportunities including convenience shops, small scale supermarkets and associated shops in appropriate locations. Clause Industrial Development seeks to: To prevent out-of-centre commercial developments in the industrial zones that undermine the activity centres policy at Clause 22.02, particularly along main roads. A large scale supermarket, which greatly exceeds a full line Coles or Woolworths supermarket (approximately 3,200m 2 ) significantly contradicts the purpose of the zone and associated local policies. 10 Investigate rezoning to Commercial 2 Zone Aventus are not opposed to the development of the Kaufland Mornington Store. However, the proposal must properly consider how it can achieve a net community benefit for this land and broader Mornington Peninsula Shire residents and visitors. This is best achieved through an investigation to rezone the site and associated INZ3 land to C2Z. Issue 1: Retaining Wall and Easement Consent

11 Issue 1: Mornington Kaufland Store Prohibited and Rezone to CZ2 Investigate rezoning to Commercial 2 Zone This is supported by both Mornington Peninsula Shire Council and Kaufland: Mornington Peninsula Industrial Areas Strategy, April 2018 Mornington Peninsula Activity Centres Strategy, April 2018 Kaufland Expert Planning Witness Report, Andrew Biacsi of Contour Planning 20 February

12 12 Issue 1: Mornington Kaufland Store Prohibited and Rezone to CZ2 Mornington Peninsula Industrial Areas Strategy, April 2018 The application of the C2Z to this area is an option that may potentially be considered by Council in the future having regard to the current land use pattern. A rezoning to the C2Z could reduce the pressure for retail and commercial development in the Mornington-Tyabb Road industrial precinct, noting that a Development Plan Overlay exists to ensure a high standard of presentation in this highly-exposed location. Alternatively, in view of the limited opportunities to increase IN3Z land supply in Mornington, the BATA site could be retained in IN3Z to provide a specific future opportunity, e.g. for factory-based use, and to avoid pressure for further major out-ofcentre retail development. Any detailed zoning changes (if any) should be determined subject to further site specific analysis and policy review, at Council s own discretion. Action 7: Subject to further assessment and Council discretion, consider whether a rezoning of all or part of this land to the C2Z may better reflect current and anticipated future land use outcomes. Page 52 of Strategy.

13 13 Issue 1: Mornington Kaufland Store Prohibited and Rezone to CZ2 Mornington Peninsula Industrial Areas Strategy, April 2018 (con t) The document concludes that constraints to additional industrial land supply within the Mornington region is due to landlocked by established residential areas and Green Wedge (page 50) and not necessarily a lack of industrial zoned land. Furthermore, the document reveals low proportion of jobs in heavy industry due to the proximity to larger industrial precincts (such as Dandenong South) and strong growth in health care and social assistance (+20%), accommodation and food services (+13%), professional, scientific and technical services (+24%), and administrative and support services. Page 10 and 14 of Strategy. The application of the C2Z would support the sustainable growth of these growing employment sectors and also capture the 25% escape spending by Mornington Peninsula residents, as highlighted in the Mornington Peninsula Activity Centres Strategy, April 2018.

14 14 Issue 1: Mornington Kaufland Store Prohibited and Rezone to CZ2 Mornington Peninsula Activity Centres Strategy, April 2018 Very low vacancy rates and limited opportunities for new businesses to locate in the centre (for Mornington) Page 33 25% of total available retail spending by Mornington Peninsula residents is escape spending. Page 58 Potential for Additional Activity Centre Development: Policy should seek to support and facilitate appropriate development in activity centres which can accommodate an additional 90,000m 2 - plus of new shopfront floorspace (including retail and non-retail uses) and 15,000m 2 -plus of other commercial activity by Page 64 Where there is a demonstrated service gap that cannot be effectively met within the existing activity centre serving that catchment, the option of expanding the boundaries of an existing centre through commercial rezoning may be considered, provided this is strategically justified and consistent with the achievement of a net community benefit. Page 74 Action 1: Undertake a review of the Mornington Major Activity Centre Structure Plan, including the barriers to further implementation (in regard to both commercial and residential activity) which may consider options including the application of an Activity Centre Zone (ACZ). Page 81

15 15 Issue 1: Mornington Kaufland Store Prohibited and Rezone to CZ2 Kaufland Expert Planning Witness Report, Andrew Biacsi of Contour Planning 20 February 2019 Finally, consideration could have been given to the potential rezoning of the Subject Land to another zone in order to facilitate the Kaufland proposal. However, in this case, I consider the rezoning option may follow on the approval and ultimate development of the Subject Land noting the findings of the Mornington Peninsula Industrial Areas Strategy and mix of uses already existing in the broader industrial area which potentially compromise its suitability as a viable industrial area. Point 151, Page 28

16 16 Issue 1: Mornington Kaufland Store Prohibited and Rezone to CZ2 Summary This proposal presents an opportunity to properly plan for the services and employment needs for Mornington Peninsula Shire by investigating the rezoning of this INZ3 land to C2Z.

17 17 Issue 2: Shop is prohibited under INZ3 Under the INZ3, Shop is as of right as long as the following conditions are met: Must adjoin, or be on the same lot as, a supermarket when the use commences The combined leasable floor area for all shops adjoining or on the same lot as the supermarket must not exceed 500m 2 The site must adjoin, or be within 30 metres of, a road in a Road Zone. If these conditions are not met, shops are prohibited under the zone.

18 Issue 2: Shop is prohibited under INZ3 GFA Breakdown Total GFA building area of 7,554m 2 3,610m 2 for supermarket 354m 2 for a liquor store 554m 2 for two shops and food hall. 2,626m 2 remains for back for house and non-leasable floor area for egress, toilets and services and mall area. Similar to 3,610m 2 supermarket, the use of the SCO enables the approval of shops which would be prohibited under INZ3. The inclusion of shops under Condition 4.1 of the proposed Incorporated Document also enables additional shops in the future (subject to the Minister for Plannings approval) without the floor area limits imposed under the INZ3 and standard planning permit process. The approval of this proposal including the supermarket, shop and food hall would effectively create a second activity centre for the Mornington area. 18

19 Issue 2: Shop is prohibited under INZ3 Summary Following on from Issue 1, this proposal presents an opportunity to properly plan for the services and employment needs for Mornington Peninsula Shire by investigating the rezoning of this INZ3 land to C2Z. 19

20 Issue 3: 22 Metre Pylon Sign Type 2 (15 metres) sign is excessively tall and will awkwardly dominate the skyline. It is unnecessary. Amended plans show a height of 15 metres. Type 1 (8 metre sign) so would complement the existing suite of signs along this stretch of Nepean Highway. 20 Peninsula Home sign approximately 8 metres

21 Issue 3: 22 Metre Pylon Sign Requested Change It is requested that the Advisory Committee recommend the removal of the Type 2 Sign from the approved town planning drawing plans. 21

22 Conclusion Aventus Group is supportive of the Kaufland Mornington Store in principal. However, the use of the Specific Controls Overlay is not the appropriate planning tool to approve the Kaufland Mornington Store and fails to consider broader activity centre planning and net community benefits for Mornington Peninsula Shire. This proposal presents an opportunity to properly plan for the services and employment needs for Mornington Peninsula Shire by investigating the rezoning of this INZ3 land to C2Z. The proposed Type 2 Sign is excessively tall and will awkwardly dominate the skyline. It is requested that the Advisory Committee recommend removal of the sign from the approved town planning drawing plans. 22

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