Agenda item

1.     

Prior to the commencement of the use and development (including the removal of any trees or other vegetation), amended plans must be submitted to and approved by the responsible authority. When approved the plans will be endorsed and form part of the permit. The plans must be drawn to scale, with dimensions, and be generally in accordance with decision plans (Prepared by TMC Building Design Group, dated July 2022), but modified to show:

a.    Installation and notation, on all relevant plans, of a ‘No Entry’ sign placed within the site boundaries facing outward to Warburton Highway accessway, in an effective location to deter vehicle entry onto the site from Warburton Highway;

b.    Details of all emergencies calling number sign/s displayed for customers;

c.    Delineate a 10,000 litre water tank for firefighting purposes; and

d.    An Operational Management Plan in accordance to Condition 6.

2.     

The layout of the site and the size of any proposed buildings and works shown on the endorsed plans shall not be altered or modified without the written consent of the responsible authority.

3.     

The use of any land or building or part thereof as shown on the endorsed plans must not be altered or modified without the written consent of the responsible authority.

4.     

The landscape works as shown on the endorsed plan must be carried out prior to occupation of the permitted development, or if not occupied, within three months of completion of the permitted development. With written consent of the Responsible authority landscaping may be deferred to the first planting season (May to September) following the completion of the permitted buildings and/or works. New planting must be maintained or replaced as necessary to the satisfaction of the responsible authority.

5.     

The land uses may only operate during the following hours

a.    Service Station (fuel sales) - 24 hours, 7 days a week

The following components of the use may only operate during the following hours:

a.    Carwash - 7:00am to 10:00pm

b.    Vacuums - 7:00am to 7:00pm

c.    Dog wash - 7:00am to 10:00pm

6.     

Prior to the commencement of the use and development (including the removal of any trees or other vegetation), an Operational Management Plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and form part of the permit. The plan must include:  

a.    The area to be covered by the Operation Management Plan  

b.    Details of storing and handling of dangerous goods

c.    Operation hours for each land use and supplementary activities

d.    Emergency management procedures, including any communication material for customers

e.    Communication material detailing instructions on how to use fuel pumps

f.     Detail provision of CCTV cameras (if any)

g.    Detail provision of security and safe access lighting

h.    Detail provision of staff attendance 

i.      The publication of a complaints telephone number and email address to adjoining and nearby properties.

j.      Details of any measures to work with neighbours or other residents in the immediate area to address complaints and general operational issues. 

k.    Acknowledgement that no gas bottles to be sold on site unless written permission is granted.

Once endorsed, the use must operate in accordance with the plan as approved or amended from time to time to the satisfaction of the Responsible Authority.

7.     

Noise emissions from use must not exceed the limits set out in the:

a.    Environmental Protection Authority Guidelines for Noise from Industry in Regional Victoria (‘NIRV’ — EPA publication 1411) as amended from time to time;

b.    Environmental Protection Authority’s publication 1826.4 Noise limit assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues or subsequent applicable policy; and

c.    Environment Protection Regulations under the Environment Protection Act 2017 (as amended).

All to the satisfaction of the responsible authority.

In the event of a complaint that this condition is not being met, any assessment to determine whether the use is in accordance with this condition is at the sole cost of the landowner or permit holder and at no cost to Council.

8.     

All external lighting provided on the site must be baffled so that no direct light is emitted beyond the boundaries of the site and no nuisance is caused to adjoining properties to the satisfaction of the responsible authority.

9.     

Freestanding pole lighting sited along Station Street frontage may only be used between the hours of 6 am and 10 pm daily.

10. 

The use and development must be managed so that the amenity of the area is not detrimentally affected, through the:

a.         transport of materials, goods or commodities to or from the land

b.         appearance of any building, works or materials

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

d.         presence of vermin

All to the satisfaction of the responsible authority

11. 

Any air-conditioning unit must be positioned so that no noise disturbance is caused to occupiers of adjoining properties to the satisfaction of the Responsible authority. Any roof top unit must be provided with a sightscreen, to the satisfaction of the responsible authority.

12. 

All security alarms or similar devices installed on the land must be of a silent type to the satisfaction of the responsible authority.

13. 

All security cameras installed to be positioned to avoid adjoining private property and public road visuals. 

14. 

No external sound amplification equipment, loudspeaker, siren or other audible signalling device other than those required for emergency purposes / customer communication will be installed on the land to the satisfaction of the responsible authority.

15. 

Deliveries to and from the site (including waste collection) only take place between 7:00am to 7:00pm Monday to Saturday (excluding public holidays) to the satisfaction of the responsible authority.

16. 

The provisions, recommendations and requirements, including building works, and use of selected vacuum units, (excluding 5.5 Operational controls) of the endorsed Acoustic Report must be implemented and complied with to the satisfaction of the responsible authority. 

All acoustic treatments and machinery used must be maintained to achieve the acoustic attenuation specified in the endorsed Acoustic Report to the satisfaction of the responsible authority.

17. 

Before the buildings approved by this permit are occupied, all acoustic fencing must be erected as detailed in the endorsed Acoustic Report and on the endorsed plans. Once erected the acoustic fencing must be maintained to the satisfaction of the responsible authority. The cost of fencing installation and maintenance must be met by the land owner and carried out to the satisfaction of the responsible authority. 

18. 

Signage must be clearly displayed directing patrons to consider neighbours and leave the premises as quietly as possible, most especially during the evening/night time to the satisfaction of the responsible authority.

19. 

No advertising sign other than those allowed in accordance with the Yarra Ranges Planning Scheme and detailed on the endorsed plans can be erected on the site without a planning permit from the responsible authority.

20. 

The location and details of the signs, and any supporting structure, as shown on the endorsed plans, must not be altered without the written consent of the responsible authority.

21. 

The signs must not contain any flashing light and images or scrolling images to the satisfaction of the responsible authority.

22. 

The sign lighting must be designed, baffled and located to prevent any adverse effect on adjoining land to the satisfaction of the responsible authority.

23. 

The signs must be constructed and maintained to the satisfaction of the responsible authority.

Arborist Conditions

24. 

This permit authorises the removal of trees as shown on plans prepared by, TMC Building Design Group, dated July 2022.  All other trees must be retained to the satisfaction of the responsible authority.

25. 

Prior to the commencement of any buildings and/or works approved by this permit, temporary fencing must be erected around any tree shown for retention on the endorsed plans to define a Tree Protection Zone (TPZ) to the satisfaction of the Responsible authority and must:

a.         Exclude access and construction activity within the TPZs assessed in the Arborist Report by Greenwood, 29/04/2022. If trees have not been assessed, the TPZ is a circle with a radius equal to 12 times the trunk diameter measured at 1.4 metres above ground level;

b.         Have a minimum height of 1.8 metres and comply with Australian Standard AS4687for temporary fencing and hoardings

c.         Not extend beyond the site boundaries except into roadside reserve and/or nature strip areas. Fencing within roadside reserves and/or nature strip areas must not prevent the use of a road or footpath; and

d.         Remain in place until all buildings and/or works are completed, unless with the prior written consent of the responsible authority.

26. 

The pruning of any tree must comply with the Australian Standard for pruning of amenity trees ‘AS 4373 – 2007’ to the satisfaction on the responsible authority. Pruning must be undertaken by an arborist with a minimum AQF level 3 qualification.

27. 

Prior to any buildings and/or works the permit holder must contact Council’s arborist to arrange for any approved roadside tree removal at the permit holder’s cost.

28. 

Prior to the removal of roadside trees a cost recovery fee of $400 per tree must be paid to Council for the planting of new trees. New trees will be planted at a time and location determined by the responsible authority.

Traffic Conditions

29. 

Prior to the occupation of the permitted development the parking areas and vehicular access ways shown on the endorsed plan must be fully constructed, sealed, drained and delineated to the satisfaction of the responsible authority.

30. 

No vehicle entry on to the site is permitted from Warburton Highway via the accessway/crossover

Drainage Conditions

31. 

Prior to the occupation of the permitted development piped drainage must be constructed to drain all impervious areas incorporating Water Sensitive Urban Design features, to the satisfaction of the responsible authority.

32. 

Prior to the commencement of any works as required by this permit, Development Stormwater Drainage Engineering Plans and Computations must be submitted to, and approved by, the Responsible authority. Development Stormwater Drainage Engineering Plans and Computations must be in line with all the requirements of the approved point of discharge certificate. https://www.yarraranges.vic.gov.au/Development/Roads-drains/Applications-and-permits/Submitstormwater-drainage-and-computations

33. 

Prior to the occupation of the permitted development a detention system, must be constructed/installed to drain all impervious areas, to the satisfaction of the responsible authority.

34. 

Prior to the occupation of the permitted development the construction of all civil works within the site, including detention system must be fully completed and subsequently inspected and approved by a suitably experienced Civil Engineer at the arrangement and expense of the owner/developer. This person must supply written certification that the works have been constructed in accordance with this permit and to relevant standards to the satisfaction of the responsible authority.

35. 

Prior to the occupation of the permitted development piped Council outfall drainage must be constructed to the satisfaction of the responsible authority.

36. 

Prior to the approval of engineering construction plans an inspection/surveillance fee to the value of $500 or 2.5% of the estimated cost of all Council works required by this permit, whichever is greater must be paid to the responsible authority.

37. 

Prior to the approval of engineering construction plans, a maintenance bond to the value of $5000 or 5% of all Council works, whichever is greater, as required by this permit, must be paid to the responsible authority.

38. 

The Council works as required by this permit must be maintained in good condition and repair by the developer for a period of three months from the date of practical completion to the satisfaction of the responsible authority.

39. 

Prior to an Off Maintenance inspection and subsequent return of the maintenance bond, “As Constructed” plans of all Council works together with a CCTV footage and report in accordance with the Water Services Association of Australia (WSA) 05-2008 2.2 Code of Practice, of the full length of all Council piped drainage, must be submitted to, and approved by, the responsible authority.

40. 

The management of Stormwater is to be in accordance with the Approved Point of Stormwater Discharge. Please apply for Approved Point of Stormwater Discharge through Council’s webpage. https://www.yarraranges.vic.gov.au/Property/Roads-drains-footpaths/Stormwater-drainage

Country Fire Authority Conditions

41. 

The bushfire protection measures forming part of this permit or shown on the endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the responsible authority and the relevant fire authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

42. 

Before the development starts, an amended Bushfire Management Plan must be submitted to and endorsed by the Responsible authority. Once endorsed the plan must not be altered unless agreed to in writing by CFA and the Responsible authority. The plan must be generally in accordance with Ranges Environmental, Dated 24 August 2022 but modified to replace the conditions for Access and Water Supply with:

a.     Access

Access to the static water supply for fire fighting purposes must be provided

which meets the following requirements:

• Access must have a load limit of at least 15 tonnes.
• Curves must have a minimum inner radius of 10m.
• The average grade must be no more than 1 in 7 (14.4 per cent) (8.1 degrees)
• with a maximum of no more than 1 in 5 (20 per cent) (11.3 degrees) for no
• more than 50m.
• Have a minimum trafficable width of 3.5m of all- weather construction.
• Be clear of encroachments for at least 0.5m on each side and 4m above the
• accessway.
• Dips must have no more than a 1 in 8 (12.5 per cent) (7.1 degrees) entry and
• exit angle.

b.     Water supply (with remote outlet)

10,000 litres of effective water supply for fire fighting purposes must be provided which meets the following requirements:

• The location of the remote outlet must be within 4 m of the driveway (or other suitable ‘hardstand’).
• The static water supply must be stored in an above ground tank constructed of concrete or metal.
• The static water supply must include a separate outlet for the private use of the owner/occupier of the land that incorporates a ball or gate valve.
• The tank must be located to achieve gravity feed from the water tank supply to the remote outlet
• All water pipes and fittings including the tank outlet to the remote outlet stand pipe must be a minimum pipe size of 80 mm (Class A Copper or Class 12 PVC) or 90 mm PN 12.5 HDPE
• The static water supply must be provided with a separate outlet for the CFA (CFA outlet) that includes a 64 mm CFA 3 thread per inch male coupling.
• A 65mm British Standard Pipe (BSP) ball or gate valve must be provided at the CFA outlet to control the flow of water to the CFA coupling. Any other valves between the CFA outlet and the tank must be locked in the open position.

·         The CFA outlet must be:

o     Easily accessible by a fire-fighter in the event of a bushfire

o     Clear of all vegetation for a distance of 1.5 metres

o     Setback from flammable objects (including timber fences and timber retaining walls) for a minimum distance of 1.5 metres o Oriented horizontally.

·         The centreline of the CFA outlet must be:

o      A minimum of 300mm and maximum 600mm in height above the finished ground level.

o      Located below the level of the outlet on the tank.

• The riser for the CFA outlet must be supported by a galvanised steel post at least 50mm x 50mm or equivalent which is concreted in the ground to a depth of at least 450mm.
• The CFA outlet must be easily identifiable from dwelling or signage must be provided that meets the following requirements:

Has an arrow pointing to the location of the fire authority outlet.

o    Has dimensions of not less than 310mm high and 400mm long.

o    Is red in colour, with a blue reflective marker attached.

o    Is labelled with a ‘W’ that is not less than 15cm high and 3cm thick.

• The CFA outlet must include a fade-resistant or engraved sign that:

o   Is to be fixed to the post supporting the fire authority outlet riser.

o   Has a minimum height of at least 1m from the ground surface level.

o   Includes the words “FIRE WATER TANK OUTLET” in lettering that is a minimum of 50mm in height and written in a colour contrasting with that of the background.

• A blue reflective disc at least 50mm in diameter must be attached to the post holding the sign. The blue reflective disk must be located immediately below the sign.

All below-ground water pipes must be installed to provide at least the following cover below the finished surface; 300 mm for pipes subject to vehicle traffic; 75 mm for pipes under dwellings or concrete slabs; and 225 mm for all other locations.

43. 

Before the development is occupied or the use commences, a Bushfire Emergency Plan (BEP) must be prepared and endorsed by the Responsible authority. The BEP must clearly describe the emergency management arrangements that will be implemented to reduce the risk of bushfire and should address the following matters:

a.        Describe property and business details.

b.        Identify the purpose of the BEP stating that the plan outlines procedures for:

                    i.        Proposed Management of Site on any day with a Fire Behaviour Index Rating of Extreme or Catastrophic fire danger in the Central Fire District.

c.         Review of the BEP:

                    i.        Outline that the plan must be reviewed and updated annually prior to the commencement of the declared Fire Danger Period

                   ii.        Include a Version Control Table

d.        Roles & Responsibilities

                    i.        Detail the staff responsibilities for implementing the emergency procedures in the event of a bushfire and the triggers for acting. For example, when the facility will be closed and the circumstances under which guests and patrons will shelter in place or evacuate.

                   ii.        Ongoing management of bushfire mitigation measures specified on the Endorsement Bushfire Management Plan.

e.        Emergency contact details

f.          Bushfire monitoring procedures

                    i.        Details the use of radio, internet and social networks that will assist in monitoring potential threats during the bushfire danger period.

                   ii.        Describe and show (include a map) the area to be monitored for potential bushfire activity.

1.     Head of Transport of Victoria (VicRoads) Conditions

44. 

Prior to the occupation of the development, the crossover and driveway are to be constructed to the satisfaction of the Responsible authority and at no cost to the Head, Transport for Victoria.

45. 

Vehicles must enter and exit the site in a forward direction at all times.

WorkSafe Conditions

46. 

Before commencing operations, the applicant will need to address the areas of concern outlined above to ensure the risks from storing and handling of dangerous goods at an unmanned service station are controlled as far as is reasonably practicable in accordance with section 31 of the Dangerous Goods Act 1985. If you have any questions, please email dangerousgoodsunit@worksafe.vic.gov.au

Permit Expiry Conditions

47. 

This permit will expire if one of the following circumstances applies:

a.    The development is not started within two (2) years of the date of this permit

b.       The development is not completed within four (4) years of the date of this permit

c.        The use does not start within one (1) year of the completion of the development

d.    The use is discontinued for a period of two (2) years.

The owner or the occupier of land to which a permit applies, or another person with the written consent of the owner, may ask the responsible authority for an extension of time for a permit where:

·            a use or development allowed by the permit has not yet started and the application is made either before the permit expires or within six months of the expiry date; or

·           development allowed by the permit has lawfully started and the application is made within 12 months after the permit expires.

48. 

This permit, as it relates to the display of signage, expires 15 years from the date of this permit.