SJB Planning. Statement of Planning Evidence

Transcription

1 SJB Planning Statement of Planning Evidence Combined Amendment C192 and C193 to the Greater Shepparton Planning Scheme and Section 96A Planning Permit Application PP2016/ Numurkah Road and 10 Ford Road, Shepparton Prepared on behalf of Lascorp Development Group (Aust) Pty Ltd By Kel Twite of SJB Planning 19 July 2017

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3 Table of Contents 1.0 INTRODUCTORY REMARKS Name, Qualifications and Experience Instructions and Background Facts Matters and Assumptions Summary of Opinions THE SITE AND CONTEXT The Subject Site Surrounding Area THE PROPOSAL Amendment C Commercial Activity Centres Strategy November Amendment C Commercial 1 Zone Public Acquisition Overlay S.96A Permit Application EXISTING PLANNING CONTROLS AND POLICIES Zoning Overlays Particular Provisions Clause Advertising Signs Clause Car parking Clause Loading and unloading facilities Clause Licensed Premises Clause Land adjacent to a Road Zone, Category 1 or a Public Acquisition Overlay for a Category 1 Road Clause Bicycle facilities State Planning Policy Framework Local Planning Policy Framework Municipal Strategic Statement Local Planning Policy Other Documents PLANNING CONSIDERATIONS Is there strategic justification for Amendment C192? Activity Centre Zone 24 L1/80 Dorcas St, Southbank info@sjbplanning.com.au T Melbourne VIC 3006 sjb.com.au F SJB Planning Pty Ltd ACN

4 330020E001 Table of Contents Clause Commercial Activity Centre Strategy, November Is there strategic justification for Amendment C193? Demand for second supermarket Preferred location for a second supermarket Net community benefit Location for a second supermarket Does Amendment C193 make proper use of the VPPs? Does the S.96A permit application provide for an acceptable land use and built form outcome? Land uses Built form and Urban Design External Amenity Impacts Advertising Signage Car Parking and Traffic Generation CONCLUSION 34 SJP Planning SJB Planning Pty Ltd ACN

5 List of Figures Figure 1: Cadastral Map of site and surrounding area Figure 2: Aerial map of the subject site and surrounding area Figure 3: Amendment C193 proposed maps (showing the subject land) Figure 4: Zoning Map Figure 5: Aerial map with zones overlaid Figure 6: Photomontage of the proposal at Numurkah Road and 10 Ford Street Figure 7: Proposed site plan for Numurkah Road and 10 Ford Street 5/34 Statement of Evidence - Planning

6 330020E INTRODUCTORY REMARKS 1.1 Name, Qualifications and Experience 1. My name is Kel Twite and I am a Principal of SJB Planning, which conducts business from premises located at Level 1, Building D, 80 Dorcas Street, Southbank. 2. I hold a Bachelor of Arts (Urban Studies) obtained from Victoria University and have been practising as a Town Planner since I have an employment history that includes positions with the Shire of Berrigan (NSW) and Baw Baw Shire Council. I have been a planning consultant since 1999, advising clients on a wide range of planning and development matters. 3. I have appeared before the Planning Division of the Victorian Civil and Administrative Tribunal (the Tribunal) and Independent Panels appointed by the Minister for Planning on many occasions. My area of expertise is urban and regional planning. 4. I have no private or business relationship with the permit applicant and have been engaged to prepare this report for an agreed fee. 1.2 Instructions and Background 5. Amendment C192 to the Greater Shepparton Planning Scheme ( the scheme ) was sought by Greater Shepparton City Council ( Council ) to update the Municipal Strategic Statement and Activity Centre Zone to implement the recommendations of the Commercial Activity Centres Strategy, November 2015 ( the Strategy ). 6. Amendment C193 is a combined S.96A Planning Permit Application and Amendment to the scheme. The combined application was made at the request of Lascorp Development Group (Aust) Pty Ltd, the permit applicant at Numurkah Road and 10 Ford Road, Shepparton ( the subject site ). Amendment C193 seeks to rezone the subject site from Commercial 2 Zone to Commercial 1 Zone and apply a Public Acquisition Overlay to part of the site in favour of Council. 7. A request was made to the Minister for Planning, and granted, for the Panel Hearings for Amendment C192 and Amendment C193 to be combined. 8. I received a request from Lascorp Development Group (Aust) Pty Ltd, the permit applicant, to review the combined Amendments and S.96A Application, and subject to my support, prepare and present expert evidence to the Panel. 9. Prior to being asked to review the proposal I have had no involvement directly or indirectly with the amendment or permit application itself or Lascorp Development Group (Aust) Pty Ltd. 1.3 Facts Matters and Assumptions 10. In preparing this statement I have reviewed/considered the following: Exhibited documents of Amendment C192 (with a focus on Shepparton North); Exhibited documents for the combined Amendment C193 and S.96A Planning Permit Application; 6/34 SJB Planning SJB Planning Pty Ltd ACN

7 Submissions to Amendment C192 and Amendment C193; City of Greater Shepparton Commercial Activity Centres Strategy, 2015; Current planning controls and policies as set out in the Greater Shepparton Planning Scheme ( the scheme ) as well as associated reference documents; Ministerial Directions 11 and 15; Greater Shepparton 2030 Strategy; Urban Design Framework Shepparton North and South Business Areas, July 2006; (Draft) Addendum to the Urban Design Framework Shepparton North and South Business Areas, July 2017; Application material associated with Fairley s IGA permit amendment application (Stage 1) and permit application (Stage 2), as well as the existing Planning Permit 2008/436 and endorsed plans; Council s Part A submission prepared by HWL Ebsworth Lawyers, 11 July 2017 (and all the background reports/amendments referred within); and Visited the site and surrounding area and considered its physical attributes and constraints. 11. In preparing this report I rely on the evidence of Mr Tony Dimasi of Dimasi and Co. and Mr Rhys Quick of Urbis in relation to matters of economic impact, and Mr Henry Turnbull of Traffix Group in relating to traffic matters. I am instructed that Andrew Clarke of Matrix is also providing planning evidence to the Panel. 12. My report proceeds on the basis of my expertise in urban planning matters. Except where stated, the views expressed in my report are my own opinions and are not provisional opinions. I have been assisted by Ms Andrea Zohar of my office in preparing this report. 1.4 Summary of Opinions 13. I am of the opinion that: there is sufficient State and Local policy support within the Greater Shepparton Planning Scheme for the proposed update to the Municipal Strategic Statement (MSS) and Activity Centre Zone (ACZ) to implement the recommendations of the Commercial Activity Centres Strategy, November 2015, as sought by Amendment C192 (with a focus on Shepparton North); on the basis of Amendment C192, there is sufficient support within the Greater Shepparton Planning Scheme for the proposed rezoning and permit application for development of the subject land (Lascorp land), subject to my recommendation for a retail leasable floor area cap within the schedule to the Commercial 1 Zone of 6,000 sqm and that the ability and timing of commencement of works under this permit is contingent on the inaction of the Fairley s IGA (Stage 2); and The combined S.96A planning permit application will provide an appropriate use and built form having regard to the existing and proposed planning controls and polices and context of the land. 14. The basis of these opinions are set out in the following sections of this report. 7/34 Statement of Evidence - Planning

8 330020E THE SITE AND CONTEXT 2.1 The Subject Site 15. Amendment C193 and combined S.96A Planning Permit Application relates to two parcels of land located at Numurkah Road and 10 Ford Road, Shepparton ( subject site ). 16. The combined land parcels are irregular in shape and have frontages to Numurkah Road (also referred to as Goulburn Valley Highway) to the west and Ford Road to the north. The subject site comprises a total area of approximately 4.05 hectares. 17. The site currently comprises cleared land. 18. The site is affected by a number of easements, including, a drainage easement running east-west across the south-east portion of the site, a sewerage easement running along the Ford Road frontage, and an electrical easement located in the southern portion of 10 Ford Road. Figure 1: Cadastral Map of site and surrounding area 19. I am instructed that a Planning Permit No has recently been issued by Council for the use and development of a 108 place child care centre and a two lot subdivision on the land at Numurkah Road. The child care centre lot is to comprise an area of 0.3 hectares. At the time of writing this report, no plans have been endorsed in association with Planning Permit No Surrounding Area 20. On the northern side of Ford Road is land primarily set aside for residential purposes. Land to the northeast of the intersection of Ford and Numurkah Roads is zoned General Residential Zone (GRZ1) and will ultimately be developed as part of the Shepparton North growth area. Land to the north-west of the 8/34 SJB Planning SJB Planning Pty Ltd ACN

9 intersection of Ford and Numurkah Roads is zoned for a combination of Commercial 2 Zone (C2Z) and Industrial 1 Zone (IN1Z). 21. To the east of the subject site is land zoned GRZ1, that is currently used for residential and agricultural purposes. This land will also be part of the Shepparton North growth area. 22. To the south-east is landed included in the IN1Z. It is occupied by a pre-cast concrete fabrication operation and a transport depot for steel storage. 23. To the west and south-west of the site are commercial land uses that run along both sides of Numurkah Road, on land included in the C2Z. 24. To the south of the above-mentioned Commercial 2 zoned land is a pocket of Commercial 1 Zone land, at the corner of Hawkins Street and Numurkah Road, known as Fairleys IGA. The Fairleys IGA is an existing retail centre with a floor area of approximately 4,000 square metres. 25. Planning Permit was issued on 12 April 2012 and allows of the redevelopment of the site at Numurkah Road for a neighbourhood shopping centre of approximately 8,000 square metres. I note that an extension to Planning Permit was approved by Council on 15 September The extension provides: The development must commence by 12 April 2018; The development must be completed by 12 April Plans were endorsed in January 2017, and an Application to Amend Planning Permit was lodged with Council in May The amendment application seeks to alter the design and layout of the centre and car park/access, with no change to the previously approved size of the centre. The application represents stage one of a two-stage redevelopment of the site. 27. Subsequently, a Stage-two application was lodged with Council on 16 June 2017 (Permit Application No.2017/30566). The application seeks approval for The use and development of 5,500 square metres of shop floorspace including supermarket, development of a medical centre and community centre and associated buildings and works including car park and loading and unloading areas, signage scheme and removal of Easement E-3 as described in the attached submissions and plans. Application represents Stage 2 of the re-development of the Fairleys site. 9/34 Statement of Evidence - Planning

10 330020E001 Residential land contained with the Shepparton North Urban Growth Area Subject land (Lascorp) Commercial 2 Zone land Industrial Land Shepparton Sports Precinct Fairleys IGA land Figure 2: Aerial map of the subject site and surrounding area 10/34 SJB Planning SJB Planning Pty Ltd ACN

11 3.0 THE PROPOSAL 28. The proceeding before the Panel relates to Amendment C192, Amendment C193 and the combined S.96A Permit Application. Each matter will be summarised in turn. 3.1 Amendment C Amendment C192 has been made at the request of Greater Shepparton City Council and applies to land generally within the commercial/ business areas of Greater Shepparton. 30. In the interests of time and consistency, I refer to the Amendment summary contained within the exhibited Explanatory Report. The proposed Amendment updates the Municipal Strategic Statement (MSS) and Activity Centre Zone to implement the recommendations of the Commercial Activity Centres Strategy, November The Amendment seeks to: Update the activity centre hierarchy in the MSS at Clause Commercial/ Activity Centres. Amend the MSS at Clause Commercial/ Activity Centres to: - discourage the location of cinema and department stores outside the retail core (Precinct 1). - reinforce the Shepparton CBD as the principal retail centre. - include the Commercial Activity Centres Strategy November 2015 as a reference document. - encourage expansion of retail and commercial convenience facilities in Shepparton North, subject to detailed planning and development assessment criteria. Rezone the Shepparton Marketplace, land along Benalla Road (Enterprise Corridor) and Wyndham Street (Wyndham Street North) from Commercial 1 and 2 Zone to Activity Centre Zone. Provide an increase to the retail floorspace cap at Shepparton Marketplace from 15,000sqm to 22,500sqm. Remove Schedule 3 to the Design and Development Overlay relating to the land in the Wyndham Street North Precinct and update the Overlay maps accordingly. Update Clause Strategic Work Program to reflect work undertaken and include the preparation of Structure Plans/ Urban Design Frameworks for relevant activity centres. Update Clause General Implementation to reflect the recommendations of the Commercial Activity Centres Strategy November /34 Statement of Evidence - Planning

12 330020E001 Update Clause Reference Documents to include the Commercial Activity Centres Strategy November Amend the Schedule to Clause Commercial 1 Zone to remove reference to Shepparton Marketplace Commercial Activity Centres Strategy November The Commercial Activity Centres Strategy was prepared by Essentially Economics (in consultation with Spiire) at the request of Greater Shepparton City Council. 32. The Strategy identifies the relationship between economic activity, population levels, demographics and social sustainability of activity centres. By understanding these relationships, the Strategy provides guidance on the level, type and timing of growth that can be supported in each activity centre without compromising the role and function of the Shepparton CBD. 33. The Strategy has been informed by an extensive consultation program with a variety of key stakeholders, Council departments and the general public. Additionally, the Strategy undertook an in-depth economic and demographic analysis to project the future retail and commercial needs of the Municipality and broader region over the next twenty years. 34. As relevant to the current proceeding, I highlight the following findings contained within the Strategy. Shepparton North is identified as a Sub-Regional Centre and lies within the Gateway North Enterprise Corridor. Although Shepparton North has been identified as a sub-regional centre in the hierarchy, in reality the centre currently serves a more limited role that is dominated by a single use (supermarket) and a lack of diversity in retail and commercial activities. The Shepparton North activity centre effectively comprises the Fairleys IGA and a small number of shops located immediately adjacent to the front of the store. At present, the centre contains approximately 4,000m2of retail floorspace, which is well-below the allowable shop floorspace cap of 8,000m2 in the planning scheme. Fairleys IGA is a popular grocery shopping destination and is one of the best-performing independent supermarkets in Victoria. However, the role of the centre in meeting community need is limited by the lack of supporting speciality shops and other non-retail uses that would typically characterise a centre of this type. This has been reflected in previous planning policy considerations relevant to the centre (for example Amendment C119). Potential Expansion the opportunity exists for the Shepparton North activity centre to expand within the existing planning framework for the centre that includes a shop floorspace cap of 8,000m 2 and significant land in the Commercial 1 Zone that is currently vacant. This opportunity for expansion has not been realised. Centre Layout Although at present the Shepparton North activity centre is dominated by the Fairleys IGA site, it is appropriate that opportunities for further expansion are considered. This could represent an extension of the existing Commercial 1 Zoned land or, if required, a new area within the Commercial 1 Zone located elsewhere in that part of the Shepparton North Gateway between Ford Road and Hawkins Street in which a range of commercial uses are currently concentrated. 12/34 SJB Planning SJB Planning Pty Ltd ACN

13 Urban growth areas have been identified at Shepparton North East and Shepparton South East that will require the provision of appropriate new activity centres and a response from existing activity centres to the additional demand for retail and other services. Expansion of the Shepparton North activity centre is a superior outcome to development of a new neighbourhood activity centre directly serving the north-east growth area of Shepparton. Growth of the Shepparton North centre will consolidate an existing retail and commercial precinct, and generate community benefits related to shared infrastructure and business synergies. Accessibility to Shepparton North is excellent from across the Shepparton urban area. Although retaining a contiguous area of land in the Commercial 1 zone is a preferred outcome, the potential for expansion on other available sites in the area between Ford Road and Hawkins Street may be required to achieve the required growth in retail and commercial activity. Shepp. North Action 1: encourages the expansion of retail and commercial facilities in the existing Commercial 1 Zone area so that residents of Shepparton North are provided with an enhanced range of local convenience shopping facilities and services. Shepp. North Action 2: Expansion of the Shepparton North centre to provide a range of retail and non-retail facilities that is consistent with sub-regional status in the activity centres hierarchy. This could include the addition of a second full-line supermarket and enhanced supporting retail (not including a major non-food retail anchor such as a discount department store). Shepp. North Action 3: Ensure that future development of the Shepparton North centre takes place in a manner supported by appropriate urban design and planning guidance. In indicative terms, an increase of 6,000m2 in shop floorspace may be supported on land outside the existing Commercial 1 Zone at Shepparton North, which is sufficient to accommodate a 2nd supermarket and supporting retail such as specialty shops. This should be subject to detailed assessment through application of the Planning and Development Assessment Criteria to any proposal. An appropriate site in the area fronting the Goulburn Valley Highway between Ford Road in the north and Hawkins Street in the south can be endorsed for this extension to the Commercial 1 Zone. Shepp. North Action 5: Once the location of an expanded Commercial 1 Zone in Shepparton North is identified, develop an urban design framework or similar assessment that provides appropriate guidance on how the centre can develop in a manner that provides a high-level of amenity to shoppers and is consistent with best-practice activity centre development guidelines. If required, apply a Development Plan Overlay (DPO) or similar mechanism to the Shepparton North centre. 3.2 Amendment C Amendment C193 seeks to rezone the subject land at Numurkah Road and 10 Ford Road from the Commercial 2 Zone (C2Z) to the Commercial 1 Zone (C1Z), and apply a Public Acquisition Overlay (PAO) to part of Numurkah Road, part of Ford Road and part of 25 Hawkins Road. 36. The PAO will be in favour of Council to provide for drainage infrastructure to the broader catchment via the Yukka Basin. The Schedule to the PAO will be amended to refer to PAO23 Southdown Street 13/34 Statement of Evidence - Planning

14 330020E001 Redevelopment Area stormwater management. The Scheme s maps will be updated as shown in the figures below. Figure 3: Amendment C193 proposed maps (showing the subject land) Commercial 1 Zone 37. The purpose of the Commercial 1 Zone (C1Z) at Clause seeks: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses. To provide for residential uses at densities complementary to the role and scale of the commercial centre. 38. With regards to the proposal under the S.96A application, pursuant to Clause I note the following permit triggers: A permit is not required for a shop or office (which includes medical centre ) provided the combined leasable floor area for each of the uses does not exceed the amount specified in the Schedule to the Zone. A permit is required for place of assembly (community meeting space). A permit is required for buildings and works Public Acquisition Overlay 39. The purpose of the Public Acquisition Overlay (PAO) at Clause seeks: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify land which is proposed to be acquired by a Minister, public authority or municipal council. To reserve land for a public purpose and to ensure that changes to the use or development of the land do not prejudice the purpose for which the land is to be acquired. To designate a Minister, public authority or municipal council as an acquiring authority for land reserved for a public purpose. 14/34 SJB Planning SJB Planning Pty Ltd ACN

15 3.3 S.96A Permit Application 40. I refer to the description of the S.96A permit application as outlined in the exhibited explanatory report for Amendment C193. The planning permit allows the following permissions: Buildings and works for a supermarket and additional retail space, medical centre and community meeting space; Use of the land for a community meeting space; Packaged liquor licence (bottle shop); The creation and alteration of access points to a road in a Road Zone Category 1; and Erection and display of advertising signs. The development will comprise of the following key elements: A full-line supermarket comprising 3,960 square metres which includes an area for the sale of liquor. The west facing main entry to the supermarket will be access via a town square area with seating and outdoor dining options proposed in conjunction with the west facing tenancies located to the north of the entry. The loading dock to the supermarket will be located on the east side of the building with access via Ford Road and egress provided via Doody Street; Specialty retail tenancies wrapping around the supermarket building along its west and north sides with a total floor area of 2030 square metres. The specialty retail tenancies are expected to comprise a variety of uses including shops, cafes, takeaway food premises and other retail uses. Delivery areas for the specialty retail tenancies are proposed to the north east and south west corners of the supermarket; A chemist and medical centre is proposed adjacent to the south west corner of the supermarket. This tenancy will have a floor area of 560 square metres of which approximately 300 square metres will be used for the medical centre and 260 square metres for the chemist; A space to be used for community purposes is also proposed to be located in one of the tenancies along the north side of the centre; Bicycle facilities are proposed adjacent to the south west corner of the supermarket including change room facilities and internal bike lockers. Additional external bicycle parking is also proposed adjacent to the north west corner of the building. Convenient pedestrian access is proposed throughout the development. This includes along the frontage of all the specialty stores, with a direct pedestrian connection through to Numurkah Road from the town square and supermarket entry and additional connections along Doody Street and to the south, providing access to the recently approved child care centre and the future residential development to the east; One pylon sign is proposed to be located along Numurkah Road and one located along Ford Road, both extending to a height of approximately 11.5 metres; and Council has identified that the proposed development triggers an upgrade to Council s drainage infrastructure for the catchment. An PAO will be placed over a portion of the land adjacent to the existing Yakka Basin south east of the subject site, to ensure the availability and accessibility of this drainage infrastructure for the broader catchment. Access and development of this Basin can be undertaken in stages as each land parcel in the 15/34 Statement of Evidence - Planning

16 330020E001 catchment is developed, however the PAO will be placed over the entire portion of the site servicing the commercial areas, to ensure consistency. 16/34 SJB Planning SJB Planning Pty Ltd ACN

17 4.0 EXISTING PLANNING CONTROLS AND POLICIES 41. The following planning provisions contained within the Greater Shepparton Planning Scheme are relevant to the combined Amendment 192, Amendment C193 and S.96A application before the Panel. 4.1 Zoning 42. The subject land is located within the Commercial 2 Zone (C2Z) at Clause of the Greater Shepparton Planning Scheme. 43. I note that land to the west and north-west of Numurkah Road is also located within the C2Z, while land to the north and east is located within the General Residential Zone (GRZ1), and land further south, on the Fairleys IGA site is zoned for Commercial 1 (C1Z). Figure 4: Zoning Map 44. The purpose of the Commercial 2 Zone is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage commercial areas for offices, appropriate manufacturing and industries, bulky goods retailing, other retail uses, and associated business and commercial services. To ensure that uses do not affect the safety and amenity of adjacent, more sensitive uses. 45. Pursuant to Clause 34.02: A permit is not required (Section1 use) for a Shop (other than a supermarket, amongst other uses) on the condition that Must adjoin, or be on the same land as, a supermarket when the use 17/34 Statement of Evidence - Planning

18 330020E001 commences. The combined leasable floor area for all shops adjoining or on the same land as the supermarket must not exceed 500 square metres. The site must adjoin, or have access to, a road in a Road Zone. A permit is not required (Section1 use) for a Supermarket on the condition that The leasable floor area must not exceed 1800 square metres. The site must adjoin, or have access to, a road in a Road Zone. Must be on land within the City of Greater Geelong or within an urban growth boundary in metropolitan Melbourne. As a Section 2 use, Supermarket requires a permit on the condition that The leasable floor area must not exceed 1800 square metres unless on land within the City of Greater Geelong or within an urban growth boundary in metropolitan Melbourne. The site must adjoin, or have access to, a road in a Road Zone. Place of Assembly is a Section 2, permit required use. A permit is required for buildings and works. 4.2 Overlays 46. The subject land is not affected by any overlays. 4.3 Particular Provisions Clause Advertising Signs 47. The purpose of the Advertising Sign provision is: To regulate the display of signs and associated structures. To provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character. To ensure signs do not contribute to excessive visual clutter or visual disorder. To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road. 48. The purpose of signage Category 1 (Commercial Areas) Minimal Limitation is to provide for identification and promotion signs and signs that add vitality and colour to commercial areas. 49. Pursuant to Clause : A permit is not required for business identification signage, on the condition that The total advertising area to all signs to each premises must not exceed 8 square metres. This does not include a sign with an advertisement area not exceeding 1.5 sq m that is below a verandah or, if no verandah, that is less than 3.7 m above pavement level. ; A permit is not required for internally illuminated signage, on the condition that The total advertisement area to each premises must not exceed 1.5 sq m. No part of the sign may be above a verandah or, if no verandah, more than 3.7 m above pavement level. The sign must be more than 30 m from a residential zone or pedestrian or traffic lights. ; A permit is required for a major promotion sign (ie. the pylon signs being greater than 10m 2 ); and A permit is not required for a Direction Sign. 18/34 SJB Planning SJB Planning Pty Ltd ACN

19 4.3.2 Clause Car parking 50. This clause requires that new uses and development be provided with an appropriate level of car parking, before the use and/or development commences on the land. Pursuant to Table 1 of this Clause, the development triggers the following statutory parking rates: Supermarket Five space to each 100 square metres of leasable floor area Medical Centre 5 spaces to the first person providing health services plus 3 space to every other person providing health services. Shop 4 spaces to each 100sqm of leasable floor area 51. The development provides car parking spaces in excess of the statutory requirements. 52. I defer to the evidence of Henry Turnbull of Traffix Group in respect to the supply, layout and function of the car parking facilities Clause Loading and unloading facilities 53. This clause requires land to be set aside for the loading and unloading of commercial vehicles. As noted above, I defer to Henry Turnbull on this matter Clause Licensed Premises 54. The purpose of this clause seeks to ensure that licensed premises are situated in appropriate locations and that external amenity impacts are considered. 55. Pursuant to Clause a permit is required to use land to sell or consume liquor. Therefore, the proposed bottle shop (to be contained within the supermarket) requires a permit Clause Land adjacent to a Road Zone, Category 1 or a Public Acquisition Overlay for a Category 1 Road 56. A permit is required to create or alter access to a road in a Road Zone, Category 1. The proposal seeks to create new and/or alter the existing access via Numurkah Road (Goulburn Valley Highway), and Ford Road, thereby triggered a permit at Clause I also note, as per the Traffic Group report that accompanied the Amendment C193 application, a contribution has been made by the applicant to be used at the discretion or Council/VicRoads for interim works at the intersection of Goulburn Valley Highway/Wanganui Road/Ford Road prior to the ultimate construction of the intersection as part of Shepparton bypass Clause Bicycle facilities 58. The purpose of this Clause is to encourage cycling as a mode of transport and to provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities. 59. The proposal satisfies the statutory requirements of this Clause. I defer to the evidence of Henry Turnbull on this matter. 19/34 Statement of Evidence - Planning

20 330020E State Planning Policy Framework 60. The State Planning Policy Framework (SPPF) is set out in Clauses of the Greater Shepparton Planning Scheme and I have considered this framework in reaching my conclusions. I find it of particular relevance to this application to highlight the following: 61. Clause (Integrated decision making) requires decision makers to endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations. 62. Clause (Victoria) promotes the sustainable growth and development of Victoria. It seeks to focus investment and growth in a range of places, including, major regional cities such a Shepparton (amongst others). The Victoria Settlement Framework map at Clause identifies Shepparton to facilitate major growth. 63. Clause (Urban growth) seeks to ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses. 64. Clause (Activity Centres) and in particular, Clause (Activity Centre network) has the objective to build up activity centres as a focus for high-quality development, activity and living for the whole community by developing a network of activity centres. Relevant strategies aim to develop a network of activity centre that (amongst others) comprise a range of centres that differ in size and function. Clause (Activity centre planning) has the objective to encourage developments into activity centres that provide a variety of land uses and are highly accessible to the community. Relevant strategies seek to: Undertake strategic planning for the use and development of land in and around the activity centres. Broaden the mix of uses in activity centres to include a range of services over longer hours appropriate to the type of centre and needs of the population served. Provide a focus for business, shopping, working, leisure and community facilities. Encourage economic activity and business synergies. Ensure Neighbourhood Activity Centres are located within convenient walking distance in the design of new subdivisions 65. Clause (Regional Victoria) seeks to support a network of integrated and prosperous regional settlement by (amongst others) ensuring there is a sufficient supply of appropriately located residential, commercial and industrial land across a region to meet the needs identified at regional level. 66. Clause 15 (Built Environment and Heritage) outlines objectives relating to urban design, heritage and neighbourhood character. Specifically, Clause seeks to create urban areas that are liveable, safe, and provide good quality environments with a sense of place and cultural identity. Clause requires development to respond to a range of urban design principles. Clause (Neighbourhood and subdivision design) has the objective to ensure the design of subdivisions achieve liveable, walkable and sustainable neighbourhoods. 67. Clause 17 (Economic Development) and in particular, Clause (Commercial) has the objective to encourage development which meets the communities needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility and sustainability of commercial facilities. Relevant strategies seek to locate commercial facilities in existing or planned activity centres. It is also recognises that a A five year time limit for commencement should be attached to the planning approval for all shopping centres or expansions of over 1,000 square metres in floorspace. 20/34 SJB Planning SJB Planning Pty Ltd ACN

21 68. Clause seeks to manage out-of-centre development. Strategies ensure that preference is given to locations in or on the border of an activity centre for retail/commercial proposals. It also ensures that out-of-centre proposal are only considered where the proposed use or development is of net benefit to the community in the region. 69. Matters of Transport and Infrastructure are considered at Clauses 18 and 19 of the Scheme respectively. 4.5 Local Planning Policy Framework 70. The Local Planning Policy Framework (LPPF) includes the Council s Municipal Strategic Statement (MSS) and local policies, and guides future development within the Municipality. I summarise the key areas of the LPPF relevant to the current proceeding Municipal Strategic Statement 71. Clause (Municipal Profile) acknowledges that the Shepparton CBD Strategy, October 2008, recognises Shepparton CBD as the principal retail centre in the region. 72. Clause (Settlement) recognises that population forecast predict that the population of the City of Greater Shepparton will grow from 59,202 persons in 2006 to 71,509 by An estimate suggests a further 9,100 dwellings will be required by The Greater Shepparton Housing Strategy 2011 (GSHS) provides sufficient land supply to accommodate such growth/housing demand. A significant portion of housing growth in the short-medium term will be met in four main growth corridors, one of which is the Northern Corridor between Verney Road and the Goulburn Valley Highway, Shepparton. 73. In particular, Clause (Urban Design) recognises the importance of promoting Shepparton s image and identity as a regional centre by improving architecture and urban design outcomes. The focus for a well-designed urban environment is based on the Urban Design Framework Shepparton North and South Business Areas. This Clause outlines a range of objectives and strategies relating to urban design and policy guidelines specific to advertising signs. 74. Pursuant to the Shepparton North Framework Plan contained at Clause 21.04, the review site is located in close proximity to two Urban Growth Areas. 75. Clause (Economic Development) relates specifically to Commercial/Activity Centres at Clause This Clause refers to the Greater Shepparton 2030 Economic Development Report and its findings that show there is demand for additional retail floor space from 2011 to The activity centre hierarchy contained within this report, refers to Fairley s (Numurkah Road) as a Neighbourhood / Township Centre. It is recognised that Council is committed to limiting the development of free standing centres to specified locations in the municipality s urban growth corridors and in a number of limited locations which also meet the requirements of the dynamic retail sector (such as bulky goods retailing). 76. At Clause , relevant objectives (amongst others) seek to have a hierarchy of viable activity centres and to reinforce the Shepparton CBD as the principal retail centre in the region. Relevant strategies are to: Support a hierarchy of retail centres that promotes the primacy of the Shepparton CBD as a multifunction centre complemented by local centres for convenience shopping. Provide for the continued growth of the Shepparton CBD as a multi-purpose retail, business, commercial, community, entertainment and tourism centre, as identified in the Shepparton CBD Strategy October Identify lower order neighbourhood retail and community centres to serve convenience needs of north Shepparton, Mooroopna and Kialla. 21/34 Statement of Evidence - Planning

22 330020E001 Provide neighbourhood commercial and retail centres that are accessible to the local community, especially by public transport and bicycle, and that also have adequate car parking provisions. 77. Clause (General Implementation) seeks to apply the Design and Development Overlays to the five designated precincts in the Urban Design Framework Shepparton North and South Business Areas to provide design guidelines and directions for the future development in the precincts Local Planning Policy 78. There are no local planning policies contained within the Greater Shepparton Planning Scheme. 4.6 Other Documents 79. The following reference documents, Council adopted documents, and previous planning scheme amendments provide background to Amendment C192 and Amendment C193. These have been clearly and comprehensively summarised in the Part A Submission on behalf of Council by HWL Ebsworth Lawyers. I have had regard to the following. Urban Design Framework Shepparton North and South Business Areas, July 2006 Addendum to Urban Design Framework Shepparton North and South Business Areas, 2017 Shepparton CBD Strategy, October 2008 Greater Shepparton 2030 Strategy Plan (and background reports) Residential Land Supply Monitoring Project, June, 2016 Planning Scheme Amendment C78 Planning Scheme Amendment C92 Planning Scheme Amendment C93 Planning Scheme Amendment C95 Planning Scheme Amendment C98 Planning Scheme Amendment C119 Planning Scheme Amendment C155 Planning Scheme Amendment C162 Planning Scheme Amendment C188 Planning Scheme Amendment C192 Planning Scheme Amendment C193 22/34 SJB Planning SJB Planning Pty Ltd ACN

23 5.0 PLANNING CONSIDERATIONS 80. I find that the key questions in the consideration of this matter are as follows: Is there strategic justification for Amendment C192? Is there strategic justification for Amendment C193? Does Amendment C193 make proper use of the VPPs? Does the S.96A permit application provide for an acceptable land use and built form outcome? 81. This assessment is consistent with Clause 65 (Decision Guidelines) of the Planning Scheme which requires that a proposal must produce an acceptable outcome. It will also address the Minister s Direction No. 11 Strategic Assessment Guidelines. 5.1 Is there strategic justification for Amendment C192? 82. Amendment C192 seeks to introduce new planning controls and policy into the Greater Shepparton Planning Scheme ( the scheme ) to the commercial/business areas of the City. The current scheme is guided by the findings of the Shepparton CBD Strategy, October a ten year old document that Council acknowledges needs review/update. 83. As recognised in the Explanatory Report, Shepparton is the fourth largest regional city in Victoria and marked as an area of to facilitate major growth at Clause of the Scheme. A current and relevant economic/retail purpose in the scheme is the appropriate way for Council to effectively guide new developments to meet the needs of its growing population, identify priority locations for urban growth and infrastructure, and identify a retail/activity centre hierarchy across the City. 84. To address the shortfall of the existing (outdated) Shepparton CBD Strategy and to recognise the State government overhaul of the business zones, Council engaged Essential Economics and Spiire to prepare the City of Greater Shepparton Commercial Activity Centre Strategy, November 2015 ( the Strategy ). The Strategy is to act as a policy tool that directs where private sector investment and new business activity is encouraged, identifies the priority locations for new public infrastructure, support the efficient use of land, and supports liveability for the growing community. 85. In my opinion Council has acted on sound strategic planning principles, and should be commended for looking holistically at an approach/vision to its commercial areas rather than in a piece-meal manner. I support Amendment C192 in that it seeks to update the retail hierarchy currently contained at Clause of the MSS (based on the findings of the Strategy), to update the Schedule to the Activity Centre Zone (ACZ) to provide precinct-specific policy provisions, and to include the Strategy as a reference document in the scheme. 86. As per an assessment criteria of the Strategic Assessment Guidelines (Ministerial Direction No.11), I consider Amendment C192 implements Clauses 11 (Settlement) and Clause 17 (Economic Development), as well as having flow on effects to support Clauses 16 (Housing) and Clause 18 (Transport) of the State Planning Policy Framework (SPPF). It does so by identifying a clear strategy and vision for existing and future retail and commercial land use and development, as well as providing a clear hierarchy of activity centres across Shepparton. 23/34 Statement of Evidence - Planning

24 330020E The Amendment is also consistent with the Municipal Strategic Statement (MSS) at Clause 21 of the scheme. The amendment provides policy support for an up-to-date retail hierarchy at Clause and to recognise the Shepparton CBD as the principal retail centre for the region. The specific requirements and guidelines for precincts located within the ACZ will assist in provided certainty in future land use and development applications, as well as improving the image of the City and improving urban design outcomes in accordance with Clause of the scheme. 88. I also find the Amendment implements the objectives of planning in Victoria and makes proper use of the VPPs. To this end, I make the following observations Activity Centre Zone The use of Activity Centre Zone Schedule 1 (ACZ1) is an effective tool to provide both flexibility and certainty to the various provisions/vision for the Shepparton Central Business District (CBD). The ACZ1 is the preferable provision within the VPP, as it can be tailored to meet particular needs in one Schedule (which is user-friendly), rather than the often-cumbersome use of a combination of zones and overlays to control/guide future development. The proposed changes to the Schedule to the ACZ comprise for precinct objectives, requirements, and guidelines, which provide clear direction to existing and future development. The updates to the Schedule is a transparent tool to reflect the outcomes contained in the Strategy. The changes to the Schedule reinforce the vision of the Shepparton CBD, which focuses on the primacy of the CBD as a key regional retail and commercial centre Clause The changes to Clause (Economic Development) are based on the findings of the Strategy, which provides strategic support and impetus for the changes. Clause (Commercial/Activity Centres) seeks to replace the outdated retail hierarchy and recognise the role and function of different activity centre and provides a framework for the growth of existing and new centres to meet urban growth. The changes to Clause clearly reflect the findings of the Strategy Commercial Activity Centre Strategy, November 2015 From a planning perspective, the Strategy appears to provide a comprehensive review of the past, current and future economic trends facing the City. The Strategy outlines a clear and tangible vision statement together with objectives and actions for Activity Centres. As previously noted, the Shepparton CBD Strategy, October 2008 is an outdated strategic document within the scheme. The inclusion of the Strategy as a reference document will provide greater clarity and direction for the commercial development of activity centres into the future. I defer to the evidence of Tony Dimasi and Rhys Quick on more detailed economic matters. 89. On the basis that Amendment C192 provides for sound strategic direction and elevates Shepparton North from a Neighbourhood Activity Centre to a Sub-Regional Centre, I now consider the combined Amendment C193 and S.96A Permit Application. 24/34 SJB Planning SJB Planning Pty Ltd ACN

25 5.2 Is there strategic justification for Amendment C193? 90. The impetus for Amendment C193 and combined S.96A Permit Application is underpinned by the findings of the Commercial Activity Centre Strategy, November 2015 ( the Strategy ). In particular, Amendment C193 responds to the findings of the Strategy as outlined below. The Strategy designates the subject land within the Shepparton North Sub-Regional Centre and is located within the Gateway North Enterprise Corridor. The Strategy recognises that the Fairleys IGA only contains 4,000 sqm of retail floorspace, while the scheme allows for a cap of 8,000 sqm, and the opportunity to expand the retail function of the centre (within C1Z land) has not been realised. The Strategy finds that the Fairleys IGA is not meeting the community needs, and must contain a broader diversity of retail land uses to meet its Sub-Regional status. The proposal seeks to expand the retail, commercial and community facilities to meet the needs of residents of Shepparton North (Action 1). The proposal seeks approval for a full line supermarket and supporting speciality retail shops (not including a major non-food retail anchor such as a discount department store) that is consistent with its sub-regional status (Action 2). While the proposed supermarket development and rezoning is not located within the existing C1Z parcel of land (ie. Fairley s IGA), it is located within the area fronting the Goulburn Valley Highway between Ford Road in the north and Hawkins Street in the south, which could support an increase of 6,000 sqm in shop floorspace on land outside the existing C1Z (Action 3). This should be subject to detailed assessment through application of the Planning and Development Assessment Criteria to any proposal (this is addressed at Paragraph 127 of my evidence). The proposed planning permit application can be assessed against the existing Urban Design Framework (UDF) Shepparton North and South Business Areas July 2006, to ensure the proposal provides an appropriate built form outcome with high levels of amenity to shoppers (Action 5). I note that this UDF is currently being reviewed, and the Addendum to the Urban Design Framework Shepparton North and South Business Areas July 2017 has recently been submitted to the Minister for Planning to seek approval to proceed to public notice. For completeness, I undertake an assessment against the draft Addendum UDF in a later section of my evidence. 91. I am satisfied that based on the approval of Amendment C192 and implementation of the Strategy into the Scheme, there is planning support and justification for Amendment C193, subject to consideration of the Fairleys IGA Demand for second supermarket 92. The Strategy prepared by Essential Economics (described above) clearly states that the existing Fairleys IGA is one of the best performing supermarkets in the State, but contains only half the current allowable (as-of-right) shop floorspace in the scheme (8,000 sqm LFA cap pursuant to the Schedule to the C1Z). Further, the existing centre (with its limited diversity) is not meeting the community needs. 93. In other words, there is current demand for a second full line supermarket in Shepparton North. This is further evidenced by the permit application and supporting material itself. 25/34 Statement of Evidence - Planning

26 330020E Preferred location for a second supermarket 94. As per the Strategy findings, utilising the contiguous area of land in the Commercial 1 zone is a readily identifiable and preferred outcome for the development of a second full line supermarket. Co-locating a new supermarket with this existing Fairley s IGA centre is common sense, supports basic planning principles and satisfies economic principles. 95. In this context by way of background, Amendment C119 was approved and gazetted on 5 June The combined amendment sought to rezone land from Business 4 Zone to Business 1 Zone (renamed to Commercial 1 Zone) and obtain planning permit approval to develop the Fairleys IGA supermarket and include an as-of-right cap of 8,000 sqm retail floorspace. 96. Planning Permit was issued on 12 April 2012 (as Stage 1 of 2). It was subsequently extended by Council to commence by 12 April 2018 (with two years for completion). As previously noted, Council is currently considering an amendment to Planning Permit (Stage 1) and a recently made Application for Planning Permit for an addition 5,500 sqm of retail floorspace (Stage 2). 97. While it is clear that the Fairleys IGA and associated C1Z land is the preferred location for future retail expansion, to date the owners of the IGA land have not acted upon their permit. Council is very clear in the Part A submission to the Panel that they are frustrated by the lack of action. 98. Reading between the lines it would seem that the owners of Fairleys IGA have one of the most successful supermarkets in Victoria and therefore have not felt the need to act on their permit, and in turn, the residents of Shepparton are missing out. Only when the Lascorp proposal for a new supermarket was lodged with Council were amended/new proposals (for Stages 1 and 2) submitted to Council Net community benefit 99. Returning to first principles of planning is the objective to facilitate development (Planning Scheme Preliminary) and for decision makers to balance conflicting objectives in favour of net community benefit (Clause 10.04). The current proceeding brings these first principles into prime consideration In general terms, it is my opinion that based on these principles, the IGA land owners should not merely be left to sit and not act on their existing permit, at the expense of the community needs when the demand for a new supermarket is current and real. The underlying objective of the scheme is for development to meet the needs of the community. Often this objective is focused on meeting housing needs, however it too applies to commercial and community needs With that said, I understand it is unlikely in the short term that three full supermarkets would be established in Shepparton North It is my position that if Fairleys IGA have planning approval and do not wish for the second supermarket to be located on another site, then they should reasonably get on with it. This is consistent with strategies at Clause which look for times limits to be placed on the commencement for shopping centres or their expansions. If Fairleys is not going to act, then the opportunity to meet this community need should be afforded another suitable location. It is noteworthy, that I have been instructed that both Woolworths and Coles declined the opportunity to develop a full line supermarket as part of Stage 2 on the Fairleys IGA land Given that an amendment to the existing permit (Stage 1) and application for a planning permit (Stage 2) are currently before Council, it is reasonable to expect a decision by the end of If works for such developments have not been commenced by the end of 2019, in my view it is appropriate and desirable that a second supermarket be developed in Shepparton North. Assuming a favourable decision is made on the Stage 2 application before the end of 2017 then it will likely have a requirement for 26/34 SJB Planning SJB Planning Pty Ltd ACN

27 development to commence before the end of It is important in my view that any permit issued for Stage 2 not only include permit conditions regarding the timing for commencement but also include a permit condition requiring that once development has commenced it should be continued and completed Location for a second supermarket 104. Given my views above, in the event that Fairleys IGA do not substantially complete any Stage 2 permit within the two (2) years of it having been issued (end 2019), I turn to consideration of an alternatively appropriate location for a second supermarket. I refer to the aerial-zone map of the Shepparton North area below. C2Z C2Z GRZ1 IN1Z C1Z Figure 5: Aerial map with zones overlaid 105. Returning again to first principles of planning, co-location of goods and services and avoidance of outof-centre development are prominent themes of relevance. In this context, an acceptable location for a second supermarket would be to north-east of the existing C1Z land, subject to being able to be delivered by the market I am instructed that both Woolworths and Coles also declined the opportunity to develop/locate on land to the immediate north of the Fairleys IGA land. Specifically, Woolworths raised concerns of limited access, land locked, and visually blockage. Further, I am instructed that there was no consensus from the existing land owners to redevelop the land Therefore, while the land to north-east of the existing C1Z land might meet planning objectives on paper, in reality this land will not be delivered upon This leads me to look for the next acceptable location, which is the subject site at Numurkah Road and 10 Ford Road. I come to this conclusion for the following reasons: 27/34 Statement of Evidence - Planning

28 330020E001 Land immediately surrounding the existing C1Z land is not suitable as it is either occupied by existing businesses or zoned for industrial purposes, or is vacant but does not hold market appeal (as noted above). Land to the west of Numurkah Road (zoned C2Z) is typically in smaller land holdings and is primarily occupied by existing businesses. The subject site is zoned Commercial 2, and located near the corner with frontages to Ford and Numurkah Roads. The subject site is well located with Ford Road being the feeder into the future Shepparton bypass. Moreover, I am instructed that the permit applicant will provide monetary contribution for interim intersection works to the Goulburn Valley Highway/Wanganui Road/Ford Road, until the ultimate intersection is constructed as part of the Shepparton Bypass. The subject site is located to the immediate south and west of the future Shepparton residential growth areas and Ford Road will act as a major collector road as part of this growth. (refer to Amendment C188 - North Growth Corridor Rezoning). A prime tenant (ie. Woolworths) has been secured for the supermarket development on the subject site. The subject site is located within the Shepparton North Sub-Regional Centre and is already commercial zoned (therefore a shift the Commercial 1 Zone is a reasonable transition) I recognise the main criticism in locating a second supermarket on the subject site is the perceived disconnect / break in C1Zs, with an area of C2Z in between. Based upon my experience, the nature of country towns is that if access and car parking is convenient and free, then residents or customers will overwhelmingly drive to the activity centre/supermarket In this context, based on the current demand for a new supermarket, I consider the subject site (Lascorp land) to be the next acceptable location to the Fairleys IGA land. As per my previous recommendation, I support the use and development of the subject land for a supermarket (subject to assessment of a permit application), if any approval for redevelopment of the Fairleys IGA is not substantially completed by To that end, any permit issued for the subject land should have a permit condition (or alternative mechanism such as a 173 Agreement) that provides for its commencement in 2019 to be permissible only if any permit issued for the Stage 2 Fairleys development is not substantially completed by the end of Does Amendment C193 make proper use of the VPPs? 111. Amendment C193 meets the objectives of planning in Victoria under Section 4(1) of the Planning and Environment Act 1987 by providing for the fair, orderly, economic and sustainable use and development of land in commercial areas of Shepparton As previously discussed, I consider the rezoning of the subject site from C2Z to C1Z to be supported by the vision and clear direction of the Strategy, and will meet the needs of the community. I provide no comment on the appropriateness of the proposed PAO as drainage matters are outside my realm of expertise It is important to note that pursuant to the current C2Z affecting the subject land, a supermarket must not exceed 1,800 square metres, therefore the proposal associated with Amendment C193 would be prohibited. Hence, the rezoning to C1Z is a necessity to act upon the permit application. 28/34 SJB Planning SJB Planning Pty Ltd ACN

29 114. I consider that Amendment C193 is lacking a retail leasable floor area cap within the Schedule specific to the subject site. The existing schedule contains floor area caps for a number of key centres within Shepparton (in particular, Fairleys IGA land is provided a cap of 8,000 sqm that was introduced via Amendment C119). Given that the Strategy clearly contemplates demand for an additional 6,000 sqm of retail area within the Shepparton North area, I recommend that there should be a floor area cap within the scheme to this effect My reasoning for this cap is simple. If the Fairleys IGA were to actualise its full 8,000 square metres (as allowed by the scheme), and the subject land was also to rezoned to C1Z, it would be important to avoid a situation of oversupply of retail on an as-of-right basis. The restriction of retail floor area supports the clear objective of the Strategy for the Shepparton CBD to remain the primary focus for retail and commercial investment in the region. Unhindered supply of retail floor area on the subject site (combined with the 8,000 sqm on the IGA land) could jeopardise the activity centre hierarchy of the Strategy, in which Shepparton North is a sub-regional centre. I defer to expert economic evidence for a more detailed analysis of retail floor areas quota relevant to the activity centre hierarchy /definition I am confident that with a cap of 6,000 sqm on the subject land the proposed Amendment C193 and combined application would result in net community benefits and be consistent with the proper use of the VPPs. 5.4 Does the S.96A permit application provide for an acceptable land use and built form outcome? 117. The S.96A Application combined with Amendment C193, seeks approval for the use and development of a supermarket and speciality retail tenancies (permit not required use), a medical centre (permit not required use), a community centre (permit required) and an open town square and an associated atgrade car park I assess the various key considerations of the proposal in turn. Figure 6: Photomontage of the proposal at Numurkah Road and 10 Ford Street 29/34 Statement of Evidence - Planning

30 330020E001 Figure 7: Proposed site plan for Numurkah Road and 10 Ford Street Land uses 119. The proposal comprises a diversity of land uses, specifically a supermarket (combined with packaged liquor), speciality retail tenancies, a chemist (Shop), a medical centre (nested within Office) and a Community Centre (Place of Assembly). Pursuant to Clause (C1Z) a permit is required for the proposed place of assembly (Section 2 Use), all the other proposed land uses are as of right (Section 1) Broadly, I consider that the proposed land use responds to the demand for diversity of retail, commercial and community land uses that will provide net community benefit to existing and future residents of Shepparton (and surrounds) The proposed packaged liquor licence associated with the supermarket is an appropriate associated use and will be consumed offsite and will therefore not impact on the amenity of the surrounding area The proposal identifies land set-aside for a future petrol station and PAD site which would be subject to a separate planning permit application process Built form and Urban Design 123. The physical site context is unique, in that the subject site is located on commercial land (proposed to be rezoned to C1Z), in an area characterised by semi-industrial and commercial land uses, with big-box warehouses, large showrooms, and convenience restaurants, with minimal landscaping (or pedestrian footpaths). 30/34 SJB Planning SJB Planning Pty Ltd ACN

31 124. Land to the north and east has been rezoned for residential purposes (GRZ1) as part of the Shepparton North Growth Area. These areas are yet to be acted upon. A child care centre has been approved to the south of the proposed supermarket It is my observation that the physical site context is unique, in that it is located within a Sub-Regional Centre, yet much of the surrounding land has not been developed, nor is it contained with one Shopping Centre building, but rather spread out across the commercial zoned land and nearby recreation centres Having regard to this context, there are a number of aspects of site planning and built form which satisfy me that the development will have a positive impact on the evolving character of the area, taking into account Urban Design Principles at Clause 15.01, and Appendix A - Considerations in the Assessment of Planning Application (specifically, Accessibility and Urban Design ) contained within the Strategy. These are discussed below. The proposal presents a fairly typical, rural-based mixed use retail centre development for the site. I am satisfied with this layout, as it is a formula that has proven to be successful and is one that centres itself around an external town square. The proposed built form aesthetic and design, with a dynamic roof treatment and range of high quality materials, will introduce a high quality built form outcome to the area. The siting and design of retail tenancies to the north and west of the supermarket, with frontage to the proposed car park, provides for a fine grain public realm response with a strong pedestrian focus. The proposed provides for easy and permeable pedestrian connectivity between the car park and the proposed supermarket, external town square, community centre, and retail tenancies. It also seeks to connect at a pedestrian level (not just vehicular) with the surrounding street network, via the proposed pedestrian paths along Doody Street and a new north-south link from the Community Centre to Ford Street. The proposed town square comprises landscaping and innovative seating which provides for a pedestrian-orientated, public realm designed area. This will provide a sense of identity and community to Shepparton North sub-regional centre. The proposed retail tenancies are designed to orientate to the car park/public realm. Corner tenancies adjacent to the town square and internal supermarket mall area wrap around the frontage to ensure activation in the round. This design response seeks to provide for a high degree of pedestrian activity, interaction, and passive surveillance of the public realm. The south and east elevations of the proposed supermarket building provide for a fairly blank wall treatment. Given this interface is to be utilised as a loading area, and an acoustic fence is to be constructed along the eastern site boundary, I consider the limited design response to be acceptable and reasonable. The proposal provides a dynamic elevational treatment, with signage canopies, feature timber battens to corners, architectural entry features to the supermarket, and a variety of materials, such as feature masonry walls, metal cladding, brick cladding, and precast concrete, and timber battens. Further, the building is designed with a variation in heights, including a canopy feature roof to mark the front door. The combination of these provide for an excellent degree of interest to the public realm, achieves a cohesive commercial/retail design and results in a positive built form outcome. The retail tenancies are provided with awning/canopy that achieves weather protection for pedestrians and in turn, enhances the pedestrian environment of the Centre. 31/34 Statement of Evidence - Planning

32 330020E001 The proposal includes the provision of internally illuminated business identification signage throughout the site and two pylon signs at the entry points to the site. The proposed signage is well integrated into the design of the development, thereby providing a positive response to the public realm whilst achieving the inherent objective of signage, which is to provide clear and efficient business identification of the retail tenancies. Landscaping is proposed throughout the car park, around the town square, and along the site s frontage to Doody Street to the south and in part to Ford Road. A cluster of landscaping is also proposed along the site s eastern boundary adjacent to residential zoned land. I consider the landscaping will assist in softening views to and within the car park and around the entrance to the building. The level of landscaping is reasonable for the commercial nature of the area I consider that the proposal responds to the (Draft) Addendum to the Urban Design Framework, July 2017and proposed draft Design and Development Overlay Schedule 9 Shepparton North Gateway Commercial Precinct. I have undertaken this review against the most recent July 2017 version that was submitted to the Minister for Planning for consent to proceed to public exhibition (not the version considered at Council meeting on 18 April 2017). While I recognise that this document carries limited statutory weight, I make the following observations: The design of the building together with the carefully located and well designed pylon signs support the site s gateway location; The high quality and dynamic architectural treatment is of an exemplary quality that will make a positive contribution to the character of the precinct; The proposed average height of 7 metres with the supermarket mezzanine reaching 10 metres in height provides for architectural interest in a manner that has no adverse impact on the public realm or amenity of adjoining properties. The proposed height meets the maximum height of 11 metres recommended by the draft Addendum UDF; The built form is proposed at a setback of approximately 72 metres to Ford Road, approximately 150 metres from Numurkah Road and 23 metres from the recently approved child care centre to the south, and approximately 5 15 metres from the eastern site boundary. These setbacks make allowance for a future petrol station and PAD site to both street frontages. Accordingly, the proposed setbacks achieve the intent of the Draft UDF, in which development should enhance the streetscape character, and limit the potential land use conflicts between new development and adjoining residential areas; I recognise that to an extent the exposure of the proposal is reduced due to the existing corner commercial premises. Despite this, I consider the proposal will continue to have a high degree of visibility; The proposed car park is well located and vehicle access arrangements are well designed. The car park also makes allowance for landscaping opportunities; 128. Satisfied that the proposal appropriately respects the existing and evolving character of the Shepparton North precinct, I now turn to matters of offsite amenity External Amenity Impacts 129. The subject site is located within existing C2Z land (proposed to be rezoned to C1Z). The subject site has abuttals to land within the C2Z and main roads to the north, west and south. The only sensitive interface is to the existing dwelling and land zoned for residential purposes (GRZ1) to the east. 32/34 SJB Planning SJB Planning Pty Ltd ACN

33 130. The existing dwelling is located with frontage to Ford Road and a setback in excess of 30 metres from the subject site. The proposal provides for loading access and a loading dock along the eastern site boundary. An acoustic fence is proposed along this boundary which will serve to mitigate any undue impacts of noise/light to the existing dwelling, or any future residential development (as part of the Shepparton North growth area) Overall, I am satisfied that subject to effective acoustic measures the proposal for a supermarket and associated speciality stores and community centre will not result in any external amenity impacts to the surrounding properties Advertising Signage 132. Two pylon signs are proposed to be located at the access points to the site along Numurkah Road and Ford Street. The pylon signs are designed to provide for multiple tenancy advertising in an orderly and comprehensive manner. I consider this an excellent design outcome as it avoids visual clutter. Further the pylon signs which are designed to be an architectural feature (reaching an overall height of 11.5 metres) which complements the proposed building The remainder of the proposed signage is integrated into the design of the buildings (retail tenancies), are limited to avoid visual clutter and are internally illuminated, consistent with the decision guidelines of Clause Car Parking and Traffic Generation 134. On matters of traffic and car parking associated with the permit application, I defer to Mr Turnbull of Traffix Group. Suffice to say, from a planning perspective the proposal provides car parking in excess of the statutory requirements, and provides for vehicle access arrangement that will operate in safe and effective manner. 33/34 Statement of Evidence - Planning

34 330020E CONCLUSION 135. I am of the opinion that: there is sufficient State and Local policy support within the Greater Shepparton Planning Scheme for the proposed update to the Municipal Strategic Statement (MSS) and Activity Centre Zone (ACZ) to implement the recommendations of the Commercial Activity Centres Strategy, November 2015, as sought by Amendment C192 (with a focus on Shepparton North); on the basis of Amendment C192, there is sufficient support within the Greater Shepparton Planning Scheme for the proposed rezoning and permit application for development of the subject land (Lascorp land), subject to my recommendation for a retail leasable floor area cap within the schedule to the Commercial 1 Zone of 6,000 sqm and that the ability and timing of commencement of works under this permit is contingent on the inaction of the Fairley s IGA (Stage 2); and The combined S.96A planning permit application will provide an appropriate use and built form having regard to the existing and proposed planning controls and polices and context of the land. Declaration In coming to these conclusions, I have made all the inquiries that I believe are desirable and appropriate and no matters of significance which I regard as relevant have, to my knowledge, been withheld from the Panel. Kel Twite BA (Urban Studies) 19 July /34 SJB Planning SJB Planning Pty Ltd ACN