Information Memorandum - 51 Woolleys Road, Crib Point

HEAD OFFICE

18-20 Russell St, Melbourne

SOUTH EASTERN OFFICE 2 Brandon Park Dr, Wheelers Hill

EASTERN OFFICE Suite 2, 5 Corporate Blvd, Bayswater

WESTERN OFFICE Suite 102, 3 Little Boundary Rd, Laverton North

LAND AREA 130,066 sqm* (13 hectares)

ZONING

Public Use Zone (PUZ) Special Use Zone (SUZ) Transport Zone 3 (TRZ3)

02 POINT OF VIEW

Exciting opportunity for either the land banker, the owner occupier or the developer. The value of this asset will continue to grow just like the population of Crib Point has increased.

13 hectares* of prime land.

423 metres* of frontage onto Woolleys Road. Special use 1 zoning.

670 m* from Stony Point Road.

2.1 km* from Hasting Port.

“With 130,000 sqm* of land, the future possibilities are endless.”

DANIEL PHILIP DIRECTOR - SOUTHERN REGION

“A substantial land parcel in one of the Peninsula’s high growth zones.”

JOHN NOCKLES DIRECTOR - AGENCY

PROPERTY FEATURES

SITE DETAILS

This is a significant landholding opportunity amongst a green and coastal area. The 13 hectares* of land is ideal for a number of different uses such as land banking or redevelopment.

Zoned Special Use Zone 1 and earmarked for future industrial land. This site features a 422 metre* frontage and only 670 metres* to Stony Point Road.

Located in the Mornington Peninsula’s booming and yet tranquil historic coastal town of Crib Point.

This site is surrounded by some of the best beaches and wineries that the Mornington Peninsula has to offer including Balnarring, Somers, and Shoreham. Within close proximity to shops, cafes, parks, schools and fishing points.

This site also offers optimal convenience to public transport including trains at Morradoo Station and Crib Point Station, buses on Stony Point Road, and Stony Point ferries to Philip Island, French Island or Mornington Peninsula.

Taking the Monash Freeway (M1) from Melbourne’s CBD will get you here in just over an hour, a quicker commute than taking the 19 tram through Coburg in the morning. 1.65 km* from Frankston-Flinders Road and Bittern Railway Station — servicing the Stony Point train line.

ON THE MAP: CRIB POINT.

Crib Point is located 65 kms* south of the CBD. Crib Point is a small suburb located on the Mornington Peninsula (westernport side). The area features the HMAS Cerberus Naval Base which dominates the characteristics of the population.

More than 60% of the population is employed in the public administration and defence industry sector and much of the population is male aged 15-24. Crib Point also features the Cyril Fox and Crib Point Recreation Reserves and the Stony Point Jetty.

POPULATION MEDIAN RESIDENTIAL PRICES SOURCES: PROPERTYDATA.COM.AU & AUSTRALIAN BUREAU OF STATISTICS, CENSUS 2021, REALESTATE.COM.AU

UNDER 15 OVER 65 HOUSE UNIT

19.5% 653 RESIDENTS BETWEEN 15-65 $858,750

64.4% 2,155 RESIDENTS $555,500

16.1% 539 RESIDENTS

PROPERTY PARTICULARS

PRINCIPLE OUTGOINGS

Council rates: TBC

Water rates: TBC Owners Corporation: TBC

Land tax: TBC

SITE DETAILS

TITLE PARTICULARS

ZONING

PLANNING OVERLAYS

Frontage to Woolleys Road: 423.27 metres*

Western side boundary: 327.10 metres*

Southern side boundary: 420.70 metres*

Eastern side boundary: 327.80 metres*

Total site area: 130,066 square metres*

Certificate of Title — Volume 06198 Folio 568

Lot 2 on Plan of Subdivision 002925

Public Use Zone (PUZ) Special Use Zone (SUZ) Transport Zone 3 (TRZ3)

Bushfire Management Overlay (BMO) Public Acquisition Overlay (PAO)

DETAILS

POINT OF INTEREST:

An agent that turns first impressions into lasting commitments. Since the early days of his career, Daniel has established a level of service that is defined by in-depth market knowledge, expert advice and responsive communication. Committed to creating value in the commercial real estate opportunities he matches with his clients’ objectives, and the ability to think outside the square. Especially if that extends well beyond Melbourne’s inner-city grid.

POINT OF VIEW:

“Commercial real estate is underpinned by longevity. In the loyal client partnerships we establish and the value we create on a trusted basis, it’s a partnership that starts here, but sees each individual reach their own objectives.”

JOHN NOCKLES DIRECTOR - AGENCY

POINT OF INTEREST:

John’s experience in commercial real estate is now pushing a decade and over that time he’s proud to see change when it comes to property in Melbourne. By adopting a lateral approach within a linear industry, John understands success within Melbourne’s commercial real estate market occurs by looking beyond what has been done, to what can be. It’s an approach that mirrors this city’s originality, commercially—and with it, creativity that extends beyond St Kilda Road.

POINT OF VIEW:

“The Melbourne commercial property market has always been about rationale in dollars and cents. But, when working with rising land values and changes in the way that occupiers use commercial property, the market now requires those that will help shape it to be more creative than ever.”

DANIEL PHILIP DIRECTOR - SOUTHERN REGION

ZONING & PLANNING OVERLAYS

PUBLIC USE ZONE

Shown on the planning scheme map as PUZ with a number.

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To recognise public land use for public utility and community services and facilities.

To provide for associated uses that are consistent with the intent of the public land reservation or purpose. 36.01-1 20/01/2022

Any use listed in Clause 62.01 Must meet the requirements of Clause 62.01.

Any other use The use must be for the purpose described in the table to Clause 36.01-6 which corresponds to the notation on the planning scheme map.

The use must be carried out by or on behalf of the public land manager.

36.01-3

19/01/2006

VC37

Application requirements

An application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either:

■

36.01-4

31/07/2018

VC148

■

To the application for permit being made.

To the application for permit being made and to the proposed use or development.

Decision guidelines

Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

■

The Municipal Planning Strategy and the Planning Policy Framework.

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36.01-5

19/01/2006

VC37

36.01-6

20/01/2022

VC205

■

The comments of any Minister or public land manager having responsibility for the care or management of the land or adjacent land.

Whether the development is appropriately located and designed, including in accordance with any relevant use, design or siting guidelines.

Permit not required

A permit is not required to use land, or to construct a building or construct or carry out works on land, listed in a schedule to this zone, provided any condition in the schedule is complied with.

Table of public land use

Shown on the planning scheme map

Purpose of public land use

Service & Utility Education Health & Community Cemetery/Crematorium Local Government

Other public use

36.01-7

20/01/2022

VC205

Signs

Sign requirements are at Clause 52.05. This zone is in Category 4 unless a different requirement is specified in the schedule to this zone.

Where a Transport Zone 2 or a Transport Zone 3 is the nearest adjoining zone, a permit is required to display a sign.

37.01 31/07/2018 VC148

SPECIAL USE ZONE

Shown on the planning scheme map as SUZ with a number.

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To recognise or provide for the use and development of land for specific purposes as identified in a schedule to this zone.

37.01-1

19/01/2006 VC37

Table of uses

Section 1 - Permit not required

Use Condition

Any use in Section 1 of the schedule to this zone

Section 2 - Permit required

Must comply with any condition in Section 1 of the schedule to this zone

Use Condition

Any use in Section 2 of the schedule to this zone Must comply with any condition in Section 2 of the schedule to this zone.

Any other use not in Section 1 or 3 of the schedule to this zone

Section 3 - Prohibited

Use

Any use in Section 3 of the schedule to this zone

37.01-2

31/07/2018 VC148

Use of land

Any requirement in the schedule to this zone must be met.

Application requirements

An application to use land must be accompanied by any information specified in the schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

■

■

The Municipal Planning Strategy and the Planning Policy Framework.

Any guidelines in the schedule to this zone.

Subdivision

Permit requirement

A permit is required to subdivide land. Any requirement in the schedule to this zone must be met.

VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

Class of application

Subdivide land to realign the common boundary between 2 lots where:

■

The area of either lot is reduced by less than 15 percent.

Information requirements and decision guidelines

Clause 59.01

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The general direction of the common boundary does not change.

Subdivide land into lots each containing an existing building or car parking space where:

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The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.

Clause 59.02

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An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.

Subdivide land into 2 lots if:

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The construction of a building or the construction or carrying out of works on the land:

■

■ Has started lawfully.

Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.

The subdivision does not create a vacant lot.

Clause 59.02

■

Application requirements

An application to subdivide land must be accompanied by any information specified in the schedule to

this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

■

■ 37.01-4

The Municipal Planning Strategy and the Planning Policy Framework.

Any guidelines in the schedule to this zone.

Buildings and works

Permit requirement

A permit is required to construct a building or construct or carry out works unless the schedule to this zone specifies otherwise.

Any requirement in the schedule to this zone must be met.

An apartment development must meet the requirements of Clause 58.

VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

Class of application

Construct a building or construct or carry out works with an estimated cost of up to $500,000 and the land is not:

Information requirements and decision guidelines

Clause 59.04

■

■ Used for a purpose listed in the table to Clause 53.10.

Within 30 metres of land (not a road) which is in a residential zone.

Transitional provisions

Clause 58 does not apply to:

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An application for a planning permit lodged before the approval date of Amendment VC136.

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An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before the approval date of Amendment VC136.

Clause 58 of this scheme, as in force immediately before the approval date of Amendment VC174, continues to apply to:

■

An application for a planning permit lodged before that date.

VC148

■

An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date.

Application requirements

An application to construct a building or construct or carry out works must be accompanied by any information specified in the schedule to this zone.

An application to construct or extend an apartment development, or to construct or extend a dwelling in or forming part of an apartment development, must be accompanied by an urban context report and design response as required in Clause 58.01.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

■

The Municipal Planning Strategy and the Planning Policy Framework.

■

■

For an apartment development, the objectives, standards and decision guidelines of Clause 58.

Any guidelines in the schedule to this zone.

Signs

Sign requirements are at Clause 52.05. This zone is in Category 3 unless a schedule to this zone specifies a different category.

SCHEDULE 1 TO CLAUSE 37.01 SPECIAL USE ZONE

Shown on the planning scheme map as SUZ1

PORT

Purpose

To provide a location for selected port and industrial uses which depend upon or gain significant economic advantages from the natural deep water channels in Westernport.

To enable the effective implementation of the Hastings Port Industrial Area Land Use Structure Plan (Department of Planning and Development 1996).

To protect the environmental values of the waters, coastline and intertidal areas of Westernport and adjoining land.

To provide for the interim rural use of land to the extent consistent with maintaining land resources for future port and port related development.

To protect the towns of Tyabb, Hastings, Crib Point and Bittern by ensuring that no port industrial development which may have an adverse effect on the amenity or safety of residents occurs in proximity to residential areas.

Section 2 - Permit required

Use Condition

Agriculture (other than Apiculture, Domestic animal husbandry, Crop raising, Grazing animal production and Horse stables).

Domestic animal husbandry

The premises must be located at least 1 kilometre from the nearest residential zone if more than four animals are kept.

Boat and caravan storage

Car park Must be used in conjunction with another use in Section 1 or 2.

Caretaker’s house

Dependent person’s unit

Must be the only dependent person’s unit on the lot.

Dwelling (other than Caretaker’s house) Must meet the requirements under the heading Dwellings of Clause 2 to this schedule.

Must not be located in the Restricted Occupancy Area.

Education centre (other than Primary School and Secondary School).

Industry (except Rural industry) Must be dependent on or gain significant economic advantage from proximity to deep water port facilities, be directly associated with such a use or be a marine service industry.

Leisure and recreation (other than Indoor recreation facility and Informal outdoor recreation)

Market

Mineral, stone, or soil extraction (other than Mineral exploration, Mining, and Search for stone)

Plant nursery

Primary produce sales Rural store

Use Condition

Store (other than Boat and caravan storage, Rural store and Vehicle store)

Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot.

Timber production

Transport terminal

Must meet the requirements of Clause 53.11.

Must be dependent on or gain significant economic advantage from proximity to deep water port facilities or be directly associated with such a use.

Utility installation (other than Minor utility installation and Telecommunications facility)

Vehicle store

Warehouse (other than Store)

Must be dependent on or gain significant economic advantage from proximity to deep water port facilities or be directly associated with such a use or a marine service industry. Any

Use

Secondary school Service station 2.0

Use of land Amenity of the neighbourhood

A use must not adversely affect the amenity of the neighbourhood, including through the:

■

Transport of materials, goods or commodities to or from the land.

■

Appearance of any stored goods or materials.

■ Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

Access for industry must not be made through a residential area. This does not apply to emergency access.

Application requirements

The following application requirements apply to an application for a permit to use land for a port related use under Clause 37.01, in addition to those specified in Clause 37.01 and elsewhere in the scheme and must accompany an application, as appropriate, to the satisfaction of the responsible authority:

■

A report which demonstrates a need or significant benefit for the use to establish close to port facilities or associated uses.

■

■

An assessment of the environmental significance the site and proposals relating to the maintenance of significant conservation values.

The purpose of the use and the types of processes to be utilised.

■

■

The type and quantity of goods to be stored processed or produced.

How the land not required for immediate use is to be maintained.

■

■

Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority.

Whether a licence under the Dangerous Goods Act 1985 is required.

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The likely effects, if any, on adjoining land, including:

Noise levels.

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■

■

Air-borne emissions.

Emissions to land or water.

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Traffic, including the hours of delivery and dispatch.

Light spill or glare.

Decision guidelines

The following decision guidelines apply to an application for a permit to use land under Clause 37.01, in addition to those specified in Clause 37.01 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority:

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■

The effect that the use may have in terms the proper future use and development of the land and adjoining areas for port and port related purposes.

The effect that the use may have on the waters and intertidal areas of Westernport and the environmental values of adjoining land and the need for appropriate environmental assessment studies.

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The need for and adequacy of risk assessment and environmental response plans.

The effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to Clause 53.10 and any comments or directions of referral authorities.

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■

The effect that nearby industries and other forms of activity may have on the proposed use.

Whether there is a demonstrated need or significant benefit associated with any proposed industrial or warehouse use being located near port facilities or associated uses.

■

■

The drainage of the land.

The availability of and connection to services.

■

■

Provision for fire protection and other emergency services.

The effect of traffic likely to be generated on roads including the need for and provision of traffic management plans and works to the satisfaction of the responsible authority to minimise the adverse impact of major developments on urban communities.

■

■

The intended interim use of those parts of the land not required for the proposed use.

Any State or local policy guidelines relating to the protection, use or development of port facilities and associated areas, including the Hastings Port Industrial Area Land Use Structure Plan (Department of Development 1996).

Dwellings

No more than one dwelling on a lot

No more than one dwelling may be permitted on a lot, except as provided under the heading Additional dwelling.

Minimum site area for a dwelling

A site for a dwelling must have a minimum area of at least 1 hectare, except that a permit may be granted for lesser area if the responsible authority is satisfied that:

■

Approval will not prejudice the future development of the area for port and port related uses.

■

The site can absorb all domestic sewage, sullage and effluent.

The dwelling would be compatible with adjoining uses and would not be situated in a dangerous location or where a nuisance to the occupants of the dwelling would or is likely to arise.

■ Where a site is subject to Clause 45.05 Restructure Overlay the site must comply with the restructure plan.

Restricted occupation area – Long Island Point

The purpose of this provision is to prevent human habitation on the land surrounding the Long Island Fractionation Plant and Crude Oil Storage Tanks. The land south of Bayview Road and east of Jeremiahs Road, Tyabb (Long Island Point) must not be used for a dwelling other than a Caretaker’s house.

Before deciding on an application for any other use the responsible authority must refer the application to the Minister administering the Dangerous Goods Act 1989.

Availability of services

A lot may only be used for a dwelling if the following requirements are met:

■

Access must be provided via an all-weather road to the satisfaction of the responsible authority.

■

■

The dwelling must be connected to a reticulated sewerage system or if not available, all wastewater must be treated and retained on-site in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environmental Protection Act 1970.

The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes to the satisfaction of the responsible authority.

■ These requirements also apply to a dependent person’s unit.

The dwelling must be connected to a reticulated electricity supply or have an alternative energy source to the satisfaction of the responsible authority.

Additional dwelling

A permit may be granted for an additional dwelling if:

■

It is proposed to replace an existing dwelling to be demolished; or

■

The dwelling is required to accommodate a person working on the land or a member of the family owning the land.

Before deciding on an application the responsible authority must be satisfied that the additional accommodation is justified due to the intensity and nature of the farming activity on the land. 3.0

Subdivision

A permit is required to subdivide land. Lots may only be created if the land is:

■

■

■

To be used for an approved port related use, or

■ Used as an existing lawful poultry farm, with the minimum lot area for each new lot to be no less than 8 hectares, or

To be re-subdivided in accordance with any Restructure Plan under Clause 45.05, or

At least 40 hectares in area and has been continuously owned by the same family since the 23rd September 1981. A permit may be granted to subdivide the land into 2 lots each of which is at least 20 hectares. If a permit is granted further subdivision is prohibited under this provision.

Guidelines for permit

The following decision guidelines apply to an application for a permit to subdivide land under Clause 37.01, in addition to those specified in Clause 37.01 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority:

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The ability of the land as subdivided to accommodate future port related uses.

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■

The ability of the land to be combined with other lots for use as a port related use.

The suitability of the subdivision having regard to:

■

■ The purpose of the zone.

Any natural and cultural values on or near the land.

■

■

The use intended.

The extent of any existing or proposed reclamation works.

■

■

The topography of the land.

The availability and standard of road access, drainage, sewerage and other infrastructure available to the site.

■

4.0

■

Whether the frontage is adequate to provide for industrial traffic requirements.

■ Any easement or rights of way which may be required to convey public or private goods or services to or across the land.

Any other matters which the responsible authority considers relevant to the management of the land resources adjacent to the deep channel in the northern arm of Western Port for selected port and industrial development.

Buildings and works

Setbacks for buildings and works

Setbacks for buildings and works related to specific uses

Buildings and works associated with the uses described in the Buffer Area Table below must be constructed or carried out in accordance with the Table and land within 50 metres of a Residential Zone or Low Density Residential Zone or abutting road must be planted with trees and shrubs to the satisfaction of the responsible authority.

Buffer Area Table

Column 1

Building & works related to a specific form of port related use

Building & works related to the processing of chemical and petro- chemical products.

Column 2 Column 3

Minimum distance from Residential Zone

Minimum distance from Green Wedge Zone, Farming Zone or Low Density Residential Zone

400 m 200 m

The bulk storage of flammable products. 400 m 200 m

The bulk storage of nonflammable products. 200 m 100 m

Buildings & works related to the processing of other products.

200 m 100 m

Other buildings & works 100 m 60 m

Car parks & internal access 60 m 30 m

Building & works related to a specific form of port related use

Minimum distance from Residential Zone

Minimum distance from Green Wedge Zone, Farming Zone or Low Density Residential Zone

roads. These requirements do not apply to any of the following buildings or works:

■ Landscaping.

■

Existing approved port related developments.

■ Pipelines.

■ Sewerage, drainage, water and gas mains.

Minor farm structures, fences or works related to farming.

■ Power lines.

■ Telephone lines.

■ Buildings or works constructed or carried out by the Council or a public authority.

■ Setbacks - Non Restricted Uses.

A permit is required to construct or carry out any of the following:

■

Any building or works associated with a port related use which is within any of the following setbacks:

■

■

■

■

■

100 metres from a Transport Zone 2 or a Transport Zone 3, or land in Public Acquisition Overlay if the Head, Transport for Victoria is the acquiring authority and the purpose of the acquisition is for a road.

■ 40 metres from any other road or land within Public Acquisition Overlay 4 – Port service and access corridor.

■ 15 metres from any other boundary.

60 metres from any house on adjoining land.

A building or works not associated with a port related use which is within any of the following setbacks:

100 metres from a Transport Zone 2 or a Transport Zone 3, or land in Public Acquisition Overlay if the Head, Transport for Victoria is not the acquiring authority and the purpose of the acquisition is for a road.

■ 20 metres from any other road or land within Public Acquisition Overlay 4 – Port service and access corridor.

3 metres for every metre of building height from any other boundary.

A permit may be granted to reduce setbacks in any of the following circumstances:

■

The responsible authority is satisfied no loss of amenity would be caused to the landscape or to ecologically significant areas.

■

The building to be constructed is any of the following: A house extension.

■

■

■ A farm out-building.

A farm building extension.

■

The responsible authority is satisfied that compliance would be unreasonable or impractical and the building would not prejudice the amenity of the area.

The minimum setback from land within a Transport Zone 2 or a Transport Zone 3, including any associated Public Acquisition Overlay to be acquired for a road, must be no less than 30 metres, other than for extensions to houses and farm buildings.

The setback requirements do not apply to any of the following buildings or works:

■ Gatehouses or weighbridges.

Landscaping including vehicular and pedestrian access.

■ Pipelines or conveyors.

■

■ Minor farm structures and also pumps, bores, windmills, troughs, stock loading yards and the like.

Industrial Development - Application Requirements

The following information must be submitted with any application for the development of land for the purpose of industry:

■ Details of any proposed removal of native vegetation.

A plan drawn to scale which shows the locations and proposed use of all existing and proposed buildings, the provision of on-site parking, loading and unloading areas, internal vehicle movement, material stockpiles, landscaping, site entrance and exit points, proposed signs and such other information as may be relevant to assessment of the development.

■ Plans and information indicating the profile and maximum heights of proposed buildings and equipment installations.

■ Details concerning the provision of services including water supply, sewerage, gas and electricity and the provision of the disposal of waste materials, effluent and other pollutants.

■ Details relating to the staging of development and an appropriate time scale in which each stage of development should be completed.

■

■ Where the development involves reclamation, specific information concerning the type and amount of material used to carry out the reclamation works and the most appropriate uses to which reclaimed land can be put.

■

Details relating to the establishment of buffer areas particularly in those areas adjacent to residential areas and the landscaping of buffer areas so created.

■ An assessment and proposals relating to the visual integration of proposed buildings and works with the character, landscape and seascape of the area including the colour and finishes to be used in the external faces and coverings of buildings.

■ Where a proposed development is located within Design and Development Overlay 8 (Pipeline Policy Area), consent to the development by the Minister for Energy and Minerals must be obtained by the applicant and submitted with the application.

Control over the removal of native vegetation

Except with a permit, native vegetation must not be removed, destroyed or lopped. This control includes natural swamp vegetation or vegetation forming part of the natural plant association along the shoreline of Western Port Bay.

Further exemptions are as listed at Clause 52.17.

Before deciding on an application the responsible authority must consider:

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■

■

The value of the native vegetation to be removed in terms of its physical condition, rarity or variety.

Any alternative means of locating buildings or works to conserve the native vegetation of the area.

The stability of the soil or surface subsoil after the removal of the native vegetation.

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■

The effect on the fauna of the area after the removal of the native vegetation.

The maintenance of the ecological balance of the area.

Decision guidelines

The following decision guidelines apply to an application for a permit to construct a building or construct or carry out works under Clause 37.01, in addition to those specified in Clause 37.01 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority:

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Any natural and cultural values on or near the land.

■

■

The effect of the proposed development on the future development of the land and adjoining area for port and port related uses.

The effect of the development on adjoining areas outside of the Special Use Zone.

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■

Traffic generation and traffic management proposals.

The adequacy of provision for parking and site access.

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■ 5.0 20/01/2022

VC205

■

The location and extent of loading, storage and service areas.

The adequacy of existing roads and infrastructure to support the proposed development.

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The built form and visual impact of the proposed development, including signage.

The objectives and likely effectiveness of the proposed landscaping treatment and the extent of indigenous planting.

Signs

Sign requirements are at Clause 52.05. This zone is in Category 3, except that a permit may be granted for signs not complying with the requirements of Clause 52.05 in conjunction with the approval of a port related use.

Before deciding on an application, the responsible authority must consider as appropriate:

■

The total area, height and number of signs proposed.

■

The possible effect of the sign on the amenity and efficiency of a road, particularly a road in Transport Zone 2 or a Transport Zone 3, and the safety of all road users.

44.06 31/07/2018

VC148

BUSHFIRE MANAGEMENT OVERLAY

Shown on the planning scheme map as BMO with a number (if shown).

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To ensure that the development of land prioritises the protection of human life and strengthens community resilience to bushfire.

To identify areas where the bushfire hazard warrants bushfire protection measures to be implemented.

To ensure development is only permitted where the risk to life and property from bushfire can be reduced to an acceptable level.

44.06-1

19/09/2017

VC132

44.06-2 08/08/2019

VC159

Bushfire management objectives and application of schedules

A schedule to this overlay must contain a statement of the bushfire management objectives to be achieved for the area affected by the schedule and when the requirements within it apply.

Permit requirement Subdivision

A permit is required to subdivide land. This does not apply if a schedule to this overlay specifically states that a permit is not required.

Buildings and works

A permit is required to construct a building or construct or carry out works associated with the following uses:

■ Education centre ■ Hospital ■ Industry ■

Accommodation (including a Dependent person’s unit)

Leisure and recreation ■ Office ■

Place of assembly ■ Retail premises ■ Service station ■

Timber production ■ Warehouse ■

This does not apply to any of the following:

If a schedule to this overlay specifically states that a permit is not required. ■

■

A building or works consistent with an agreement under Section 173 of the Act prepared in accordance with a condition of permit issued under the requirements of Clause 44.06-5.

■

An alteration or extension to an existing building used for a dwelling or a dependent person’s unit that is less than 50 percent of the gross floor area of the existing building.

An alteration or extension to an existing building (excluding a dwelling and a dependent person’s ■

unit) that is less than 10 percent of the gross floor area of the existing building.

■

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11/04/2019

VC156

■

A building or works with a floor area of less than 100 square metres not used for accommodation and ancillary to a dwelling.

A building or works associated with Timber production provided the buildings or works are not within 150 metres of Accommodation or land zoned for residential or rural residential purposes.

Application requirements

Unless a schedule to this overlay specifies different requirements, an application must be accompanied by:

■

A bushfire hazard site assessment including a plan that describes the bushfire hazard within 150 metres of the proposed development. The description of the hazard must be prepared in accordance with Sections 2.2.3 to 2.2.5 of AS3959:2009 Construction of buildings in bushfire prone areas (Standards Australia) excluding paragraph (a) of section 2.2.3.2. Photographs or other techniques may be used to assist in describing the bushfire hazard.

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31/07/2018 VC148

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31/07/2018 VC148

■ A bushfire management statement describing how the proposed development responds to the requirements in this clause and Clause 53.02. If the application proposes an alternative measure, the bushfire management statement must explain how the alternative measure meets the relevant objective.

A bushfire hazard landscape assessment including a plan that describes the bushfire hazard of the general locality more than 150 metres from the site. Photographs or other techniques may be used to assist in describing the bushfire hazard. This requirement does not apply to a dwelling that includes all of the approved measures specified in Clause 53.02-3.

■ If in the opinion of the responsible authority any part of these requirements is not relevant to the assessment of an application, the responsible authority may waive, vary or reduce the requirement.

Requirements of Clause 53.02

An application must meet the requirements of Clause 53.02 unless the application meets all of the requirements specified in a schedule to this overlay.

A schedule to this overlay may specify substitute approved measures, additional alternative measures and additional or substitute decision guidelines for the purposes of Clause 53.02.

Mandatory condition Subdivision

A permit which creates a lot for a single dwelling on land zoned for residential or rural residential purposes must include the following condition:

“Before the statement of compliance is issued under the Subdivision Act 1988 the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987. The agreement must:

■

State that it has been prepared for the purpose of an exemption from a planning permit under Clause 44.06-2 of the [*insert name of applicable planning scheme] Planning Scheme.

■ Incorporate the plan prepared in accordance with Clause 53.02-4.4 of this planning scheme and approved under this permit.

■ State that if a dwelling is constructed on the land without a planning permit that the bushfire protection measures set out in the plan incorporated into the agreement must be implemented and maintained to the satisfaction of the responsible authority on a continuing basis.

44.06-6

The land owner must pay the reasonable costs of the preparation, execution and registration of the Section 173 Agreement.”

This does not apply:

■

If a schedule to this overlay specifies that a Section 173 Agreement is not required.

■

■

Where the relevant fire authority states in writing the preparation of an agreement under Section 173 of the Act is not required for the subdivision.

For the subdivision of the land into lots each containing an existing dwelling or car parking space.

A permit to subdivide land must include any condition specified in a schedule to this overlay.

Buildings and works

A permit to construct a building or construct or carry out works must include the following condition: “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 on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.”

A permit allowing a dwelling to be constructed to the next lower bushfire attack level in accordance with AM1.2 in Clause 53.02-3 must include the following condition:

“Before the development starts, the owner must enter into an agreement with the responsible authority under section 173 of the Planning and Environment Act 1987 to provide for the following:

■

A dwelling constructed in accordance with planning permit [*insert planning permit reference] must not be occupied until a private bushfire shelter (a Class10c building within the meaning of the Building Regulations 2006) is:

■

44.06-7

Constructed on the same land as the dwelling.

■ Available for use by the occupants of the dwelling at all times.

■ Maintained in accordance with the requirements of the building permit issued for that private bushfire shelter.

The land owner must pay the reasonable costs of the preparation, execution and registration of the Section 173 Agreement.”

A permit to construct a building or construct or carry out works must include any condition specified in a schedule to this overlay.

Referral of applications

An application must be referred under Section 55 of the Act to the person or body specified as the referral authority in Clause 66.03, unless a schedule to this overlay specifies otherwise.

Notice and review

An application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act, unless a schedule to this overlay specifies otherwise.

A schedule to this overlay may specify that notice be given to any person or body in accordance with section 52(1)(c) of the Act.

Before deciding on an application, in addition to the decision guidelines in Clause 53.02 and Clause 65, the responsible authority must consider, as appropriate:

■

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19/09/2017

VC132

■ Any other matters specified in a schedule to this overlay.

The Municipal Planning Strategy and the Planning Policy Framework.

Transitional arrangements

The requirements of Clause 44.06 Bushfire Management Overlay do not apply to a single dwelling, or a dependent person's unit, when a permit under the Building Act 1993 was issued before the commencement of Amendment GC13, if:

■ a static water supply of:

vegetation is managed to accord with the bushfire attack level assessment undertaken at the time the building permit was issued; and

■

■

2500 litres on lots of 500 square metres or less

■

5000 litres on lots of more than 500 square metres, is provided to the satisfaction of the responsible authority.

■ no permit was required for such development under Clause 44.06 before the commencement of Amendment GC13.

45.01 31/07/2018 VC148

PUBLIC ACQUISITION OVERLAY

Shown on the planning scheme map as PAO with a number.

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

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.

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28/10/2013 VC102

Permit required

A permit is required to:

■

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31/07/2018 VC148

■

■

45.01-3

28/10/2013 VC102

■

■

■

■

Use land for any Section 1 or Section 2 use in the zone.

■ Construct a building or construct or carry out works, including:

A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot.

■

■

A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level.

■ A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level.

Damage, demolish or remove a building or works.

Damage, remove, destroy or lop any vegetation. This does not apply:

If the vegetation has been planted for pasture, timber production or any other crop.

To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998

If the vegetation presents an immediate risk of personal injury or damage to property.

Subdivide land.

This does not apply:

■

To the acquiring authority for the land if the land has been acquired and any of the above matters for which a permit is required is consistent with the purpose for which the land was acquired.

■

To an authority or a municipal council if the responsible authority, after consulting with the acquiring authority for the land, is satisfied that any of the above matters for which a permit is required is consistent with the purpose for which the land is to be acquired.

Exemption from notice and review

An application under this overlay is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

Referral of applications

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An application must be referred under Section 55 of the Act to the acquiring authority for the land.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

■

The Municipal Planning Strategy and the Planning Policy Framework.

■

The effect of the proposed use or development on the purpose for which the land is to be acquired as specified in the schedule to this overlay.

A permit granted under this clause may be conditional on:

■

The extent of alterations and extensions to an existing building and works, and the materials that may be used.

■

■

The location, dimensions, design and material or a new building or works.

The demolition, removal or alteration of any buildings or works.

■

45.01-5

19/01/2006

VC37

45.01-6

19/01/2006

VC37

45.01-7

28/10/2013

VC102

The demolition or removal of buildings or works constructed or carried out in accordance with a permit under this clause.

■ No compensation being payable for the demolition or removal of any buildings or works constructed under the permit.

Land not to be spoiled or wasted

Land must not be spoiled or wasted so as to adversely affect the use of the land for the purpose for which it is to be acquired.

Reservation for public purpose

Any land included in a Public Acquisition Overlay is reserved for a public purpose within the meaning of the Planning and Environment Act 1987 , the Land Acquisition and Compensation Act 1986 or any other act.

Acquiring authority

An acquiring authority is the Minister, public authority or municipal council specified in the schedule to this overlay as the acquiring authority for the land.

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1.0

22/07/2021

C255morn

SCHEDULE TO CLAUSE 45.01 PUBLIC ACQUISITION OVERLAY

Public acquisition

PS map ref Acquiring Authority Purpose of acquisition

PAO1 Roads Corporation

Road construction and widening

PAO2 Mornington Peninsula Shire Council Municipal purposes

PAO3 Department of Finance

PAO4 Department of Finance

PAO5 Department of Education, Employment and Training

PAO6 Southern and Eastern Integrated Transport Authority

Port purposes and coastal conservation

Port services and access corridor

Primary School

Peninsula Link