Agenda item

YR-2020/807 - 41 Monbulk Road Mt Evelyn - Planning Report

Minutes:

SUMMARY

This application seeks to use and develop the land for a service station including a convenience shop with drive through, six (6) fuel pumps, three (3) hand car wash bays, a machine carwash, dog wash and four (4) vacuum stations operating 24 hours a day, seven days a week. The car wash bays, and vacuum bays will operate at specific times. The proposal includes the display of pole signs, promotion signs, illuminated business identification signs, and alteration of access to a road in a Transport Zone 2.

The key issues with the proposed use are traffic, car parking and amenity impacts on adjoining and nearby Mount Evelyn Primary School and dwellings.

The proposal is consistent with the purpose of the Industrial 3 Zone, noting that service station use is an as of right use except where within 30 metres of a residential land zone or education facility.

The proposal meets the objectives and strategies of the relevant planning policies, including clause 02 and clause 17.03.

The layout responds to the adjoining school, placing noise and odour producing components such as the bowsers, tank refilling point, control building, drive through, vacuums and car wash to the west of the site where the school’s car park and the adjoining panel beater provide an appropriate buffer to the school.

The 24-hour sale of petrol is supported however, due to amenity impact concerns upon the adjoining dwellings, the drive through is recommended to be limited to 6am to 10pm operation and vacuum operation is recommended to be limited to 7am to 6pm.

The proposal seeks to undertake significant works within Monbulk Road including slip lanes and turning lanes. Through negotiation and amendment of plans the Department of Transport have reviewed and support the proposed access arrangements. These alterations to Monbulk Road, in addition to conditions requiring plans to show access to Renouf Court and other adjoining properties, address existing traffic issues in the immediate vicinity of the site and provide a net community benefit.

The recommendation includes conditions to address both existing and potential traffic concerns, with particular focus on pedestrian safety.

Overall, it is considered that the proposal demonstrates a strong alignment with the relevant policies and provisions of the Yarra Ranges Planning Scheme and provides an opportunity to improve local pedestrian and vehicle traffic issues and should be supported, subject to conditions.

It is recommended that a Notice of Decision to Grant a Permit be issued subject to the conditions in Attachment 1 to the report.

 

 

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

In accordance with Governance Rule 58, Andrew Caspar, on behalf of the Applicant, spoke in support of the recommendation included in the officer report.

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

Moved: Cr Heenan
Seconded: Cr Cox

That Council resolve to refuse Planning Application YR-2020/807 for the use and development of the land for a service station (including car wash and convenience shop with drive through), display of pole signs, promotion signs, illuminated business identification signs, construct a fence, and alter access to a road in a Transport Zone 2 at 41 Monbulk Road Mount Evelyn and issue a Notice of Refusal subject to the following grounds:

a)        The proposed use and development will impact detrimentally upon the amenity of the adjoining school, parkland and dwellings by way of noise, light spill, odours and fumes, which is incompatible with these adjoining land uses and contrary to the purpose of the Industrial 3 Zone.

b)        The proposed use will generate traffic that will impact detrimentally upon the pedestrian environment, which is contrary to the purpose of the Industrial 3 Zone.

c)         The proposed use will result in a detrimental impact on the efficient and safe operation of traffic movements in Monbulk Road, Aqueduct Avenue, Renouf Court and the access and egress from adjoining and nearby properties which is contrary to the purpose of the Industrial 3 Zone.

d)        The proposed signage will result in visual clutter and is contrary to Clause 52.05 Signage.

e)        The proposal hours of operation are detrimental to the amenity of adjoining dwellings to the south, which is contrary to the purpose of the Industrial 3 Zone.

f)          The operation of the proposed drive through will result in an unreasonable detrimental impact on the amenity of the adjoining dwelling at 43 Monbulk Road Mount Evelyn as a result of its proximity to the dwelling, and as a result of the associated noise and light emissions, which is contrary to the purpose of the Industrial 3 Zone.

The proposed landscaping plan, including canopy tree planting is contrary to the Bushfire Management Overlay.

The motion was Carried.

 

Supporting documents: