Agenda item

SUMMARY

·                The property owners have their gin distilled at ‘Alchemy Distiller’ (gin manufacture and a food and drinks premise) for the last 5 years, at 242 Maroondah Highway, Healesville. The property owners seek to relocate their current gin manufacturing operation to the subject site to capitalise on the rural setting and rural tourism environment experience with their manufacturing product.  

·                The site is approximately 36 hectares in size, with several existing agricultural outbuildings; two of which are sought to house the distillery making, manufacture sales (cellar door), and restaurant (café) / function centre. 

·                This proposal contributes to the Shire’s strategic direction in offering tourism activities coupled with the agricultural activities occurring on the land, and activities where patrons are attracted to experience the Shire’s rural landscape offerings. The proposed use complements the distinctive rural and green wedge character and integrates tourist related facilities.

·                The proposed provides an important additional source of new employment and additional tourism opportunities for the Shire’s growing and advocated tourism culture and identity in key areas of agricultural and environment. The proposed land uses are likely to generate an opportunity to exchange economic benefit from a variety of existing local rural economies, including other tourism related offerings.

·                Anticipated traffic generated for this proposal is suitably managed by directing traffic to/from a new access point along Old Healesville Road and recommending conditions seeking road works to completed to effectively manage through traffic and turning in the site.

·                The proposed car park area, located mid-way on site, and accessed from Old Healesville Road, via an internal accessway, are a sufficient distance away from the adjoining properties to minimise potential adverse impacts to the adjoining properties.

·                The subject proposal, excluding the function centre, strongly aligns with Planning Policy objectives and the Zone purpose which, encourages tourism related activities within a rural environment that is associated with the agricultural use of the land.  

·                The proposed patron numbers and operation hours raise potential amenity impacts for the surrounding land uses. To minimise adverse impacts, particularly with noise impacts, a series of amenity and noise management conditions are recommended. These conditions include non-support for the function centre land use. 

·                The distillery is deemed to be a Rural Industry then the associated uses, restaurant, function centre, manufacturing sales, can be approved as they are in conjunction with the rural industry.  It is not exclusively in “conjunction with” agriculture but can be in conjunction with other stated uses.  The produce used in the processing does not need to be grown on the land in its entirety however, the rural industry must be the predominant use. 

·                The application proposes several land uses that have a genuine close relationship with each other. However, Council Offers are concerned with the function centre land use, and the potential for other land uses, to become the more dominant feature other than the rural industry. As such the proposal would be prohibited under the provisions of the planning scheme if this was the case.  

·                Whilst the rural industry operation and its associated onsite agriculture production are being established It is necessary to recommend conditions removing the function centre land use from the overall recommendation for approval.  

·                Land use compatibly between the proposed restaurant (cafe), gin product sales and rural industry, versus the existing surrounding rural residential lifestyle and agricultural landscape, is achieved through a series of recommended amenity permit conditions.     

·                The application was referred internally to the Strategic Planning department, Engineering (Traffic) department and Health department. General support was provided. Recommended conditions to resolve matters have been negotiated successfully with the applicant. 

·                Various conditions are recommended to support approval of this application and to negate concerns raised in the objections. 

·                Twelve (12) objections and five (5) support submissions were received. Key concerns raised include:

o    inappropriate uses for Green Wedge Zone;

o    incompatible with rural residential lifestyle;

o    noise pollution;

o    late operating hours;

o    too many patrons; and

o    traffic safety impacts

Council Officer believe that the objections raised have been considered, and where appropriate, changes to the application or recommended conditions have addressed the concerns.

In accordance with Governance Rule 58, Brett Wilson spoke in objection of the recommendation included in the officer report.

In accordance with Governance Rule 58, Gayle Reeves spoke in support of the recommendation included in the officer report.

Cr McAllister moved a motion alternate to that printed in the agenda.