Agenda item

YR-2023/951 - 23 Maddens Lane, Gruyere - Planning Report

Minutes:

SUMMARY

The planning application seeks approval to use and develop the site for a winery and small second dwelling, licenced premises, and display of business identification signs, at 23 Maddens Lane, Gruyere. The proposal includes retaining the existing dwelling and outbuildings on the site.

The application was advertised, and sixteen (16) objections were received. Objectors raised concerns of whether the use constitutes a winery, as well as concerns that this is an overdevelopment of the site, future expansion of the use, the proposal not aligning with Green Wedge Zone, the small second dwelling being used for tourism accommodation and concerns of offsite amenity impacts from use.

An assessment of the application against the requirements of the Yarra Ranges Planning Scheme, including the relevant planning policies for economy, agriculture and housing has found that the application meets the requirements and is a suitable planning outcome for the site.

Overall, the proposal responds to the constraints of the site, including residential interfaces. The proposal respects the existing viticultural use of the land and the surrounding land uses and provides a small-scale winery within an established agricultural and rural area.

It is recommended that the application be approved, and a Notice of Decision to Grant a Permit be issued subject to conditions to manage the surrounding amenity impacts (attachment 1).

Cr Marriott left the meeting at 7:42 prior to consideration of the item, having declared a conflict of interest in this item.

In accordance with Governance Rule 58, Jacqui Paterson spoke in objection to the recommendation included in the officer report.

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

Cr McAllister moved, and Cr Higgins seconded, an amendment to the motion.

In accordance with Governance Rule 29.1, Cr McAllister, Cr Heenan and Cr Mazzarella spoke to the Motion.

 

 

Moved: Cr McAllister
Seconded: Cr Higgins

That Council

1.         Resolve to approve Planning Application YR-2023/951 for use and development of a winery (associated with an existing vineyard), and a small second dwelling, licenced premise, and display of business identification signs at 23 Maddens Lane, Gruyere, and issue a Notice of Decision to Grant a Permit subject to the conditions in Attachment 1 to the report, with inclusion of the four new conditions;

28.      At all times, all vehicles associated with the winery use of the land must enter and exit the site in a forward direction.

29.      Without the prior consent of the responsible authority, all commercial vehicles associated with the winery use must not exceed Austroads 8.8m MRV (Medium Rigid Vehicle).

30.      All commercial vehicle delivery associated with the winery use of the land must only occur after 7 am and outside the operating hours of cellar door unless with the prior written consent of the responsible authority.

31.      All designated cellar door car parking spaces must be unoccupied at any time that commercial deliveries are occurring unless with the prior written consent of the responsible authority.

2.         Renumber conditions 28, 29, 30, 31, 32, 33, 34, 35 and 36 to 32, 33, 34, 35, 36, 37, 38, 39 and 40.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister and Cr Cox.

Against:       Nil

Cr McAllister left the meeting at 8.05pm following the vote being taken.

Cr Mcilwain left the meeting at 8.06pm following the vote being taken.

Cr Marriott returned to the meeting at 8:06 following debate and the vote being taken.

 

 

Supporting documents: