plp196/20 - cdn.mitchellshire.vic.gov.au · notice of an application for a planning permit. details...

19
NOTICE OF AN APPLICATION FOR A PLANNING PERMIT Details about the application The land affected by the application is located at: 52 Station Street SEYMOUR VIC 3660 The application is for a permit for: Licensed Premise The applicant for the permit is: Station 52 Pty Ltd The application reference number is: PLP196/20 You may look at the application and any documents that support the application by contacting the Statutory Planning Department via email at [email protected] MITCHELL SHIRE COUNCIL https://www.mitchellshire.vic.gov.au/planning-and-building/planning-services/advertised-planning- applications This can be done during office hours and is free of charge. (Office Hours: Monday to Friday, 9am to 5pm, except for Seymour which is Monday to Friday, 10am and 6pm) Any person who may be affected by the granting of the permit may make a written submission to the Responsible Authority A submission must: * be sent to the Responsible Authority in writing * include the reasons for your submission, and * state how you would be affected. Please be aware that copies of submissions received may be made available to any person for the purpose of consideration as part of the planning process. The Responsible Authority will not decide on the application before: 5 October 2020 If you object, the Responsible Authority will tell you its decision. Form 2

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  • NOTICE OF AN APPLICATION FOR A PLANNING PERMIT

    Details about the application The land affected by the application is located at: 52 Station Street SEYMOUR VIC 3660

    The application is for a permit for: Licensed Premise The applicant for the permit is: Station 52 Pty Ltd

    The application reference number is:

    PLP196/20

    You may look at the application and any documents that support the application by contacting the Statutory Planning Department via email at [email protected]

    MITCHELL SHIRE COUNCIL

    https://www.mitchellshire.vic.gov.au/planning-and-building/planning-services/advertised-planning-

    applications

    This can be done during office hours and is free of charge.

    (Office Hours: Monday to Friday, 9am to 5pm, except for Seymour which is Monday to Friday, 10am and 6pm)

    Any person who may be affected by the granting of the permit may make a

    written submission to the Responsible Authority A submission must: * be sent to the Responsible Authority in writing * include the reasons for your submission, and * state how you would be affected.

    Please be aware that copies of submissions received may be made available to any person for the purpose of consideration as part of the planning process.

    The Responsible Authority will not decide on the application before:

    5 October 2020

    If you object, the Responsible Authority will tell you its decision.

    Form 2

    mailto:[email protected]://www.mitchellshire.vic.gov.au/planning-and-building/planning-services/advertised-planning-applicationshttps://www.mitchellshire.vic.gov.au/planning-and-building/planning-services/advertised-planning-applications

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  • Register Search Statement - Volume 4584 Folio 640

    Copyright State of Victoria. This publication is copyright. No partmay be reproduced by any process except in accordance with theprovisions of the Copyright Act 1968 (Cth) and for the purposes ofSection 32 of the Sale of Land Act 1962 (Vic) or pursuant to a writtenagreement. The information is only valid at the time and in the formobtained from the LANDATA REGD TM System. The State of Victoriaaccepts no responsibility for any subsequent release, publication orreproduction of the information.

    REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958--------------------------------------------------------------------------------VOLUME 04584 FOLIO 640 Security no : 124080311725A

    Produced 19/11/2019 01:50 PM

    LAND DESCRIPTION----------------Lots 1,2 and 3 on Title Plan 868636W.PARENT TITLE Volume 04522 Folio 277Created by instrument 1049662 13/06/1922

    REGISTERED PROPRIETOR---------------------Estate Fee SimpleSole Proprietor

    STATION 52 PTY LTD of 52 STATION STREET SEYMOUR VIC 3660AM005991D 03/07/2015

    ENCUMBRANCES, CAVEATS AND NOTICES---------------------------------MORTGAGE AM005992B 03/07/2015

    GOULBURN MURRAY CREDIT UNION CO-OPERATIVE LTD

    Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section24 Subdivision Act 1988 and any other encumbrances shown or entered on theplan set out under DIAGRAM LOCATION below.

    DIAGRAM LOCATION----------------SEE TP868636W FOR FURTHER DETAILS AND BOUNDARIES

    ACTIVITY IN THE LAST 125 DAYS-----------------------------

    NIL

    DOCUMENT END

    Delivered from the LANDATA® System by SAI Global Property Division Pty LtdDelivered at 19/11/2019, for Order Number 59797487. Your reference: bpm 20441.

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  • Drawing Status

    Issue Date

    Site Plan

    For Construction

    Bruce Mactier & Associates P/L trading as

    Level 2, 4 Welsford StreetShepparton 3630

    11-13 Sydney StreetKilmore 3764

    Telephone (03) 58221255Fax (03) 58 312153

    Email [email protected] www.brucemactier.com.auSite Plan

    Locality PlanLocation of Works

    CLIENTDaniela VassPROJECTProposed Restaurant52 Station StreetSeymour

    DATENov 2019

    DRAWNM. Santos

    DESIGNClient

    CHECKEDB. Mactier

    SCALE1:500 @ A3 Sheet

    REGISTRATION NUMBERSVIC CDP-AD56576QLD Res. Design1023404 1023404 1023407 (Super)TAS. CC4216F

    DRAWING TITLEProposed Site Plan

    SHEET NUMBERTP5 of 5

    JOB NUMBER20441

    26.44m

    236°4

    5'

    50.509m 326°37'

    14.09m

    236°4

    5'

    Station

    Stree

    t

    William

    Stree

    t

    Harding Street

    Henry Street40.

    36m 56

    °18'

    30.48m 326°37'

    ExistingBuilding

    ProposedRestaurant

    NOTE:-Builder to implement measures to minimise mud,crushed rock or other debris being carried onto publicroads and footpaths from site.Also measures taken to retain all silt and soil on siteduring construction phase.Builder to maintain neat & tidy site during constructionphase.

    Stormwater to be discharged clear of building via90mm UPVC pipe as per local councilrequirements.Use 100 x 50 downpipes at 12 m max cts.Discharge into legal point of discharge nominated bycouncil.

    Should any adjoining properties have different sitingarrangements (such as setbacks or have houses builtor partly built on) that differ from that shown on this siteplan, the builder should notify Bruce Mactier andAssociates. This may effect the proposed setbacksshown on this drawing.

    21.89m 146°47'

    10.51m 146°51'

    14.288

    m 56

    °18'

    287m²

    52.19m²

    Not To Scale

    DP

    100 x 7590Ø P.V.C Stormwaterconnect to existing sewer.

    (Footp

    ath)

    Existing 4 car parkspaces to be removed

    Existing Black steel gates WITH NEWSIGNAGE ABOVE 2m2 IN SIZE(REFER TO DETAIL)

    3.9m

    OLOCCIP ENAL New signage abovegates 2m2 in size

    Existing Black steelgates

    Extend steel posts by 1.1mpainted black to matchexisting

    New mild steel signpainted black withtext lazor cut out

    Existing Berry st signto remain as is

    3200

    New signage detailSCALE 1: 100

    Existing SingleStorey Retail

    premises.Facade approx

    6m high.(Florist)

    Existing Signle StoreyRetail premises.

    Facade approx 5m high."Fabrics 'n' More"

    (Haberdashery store)

    6.35m

    2.4m

    13.40m

    Version 5 - 15/11/2019

    Proposed shipping containerextension to existing building

    14.88m²7.3m

    D/A carpark located onroad in first car parking bay

    DP

    Preliminary - Not

    No. 52721m2

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  • Contractor.

    These plans form part of,

    Dated.

    Proprietor.

    Contract No.

    GENERALAll dimensions, site and soil conditionsto be verified on site, by builder, priorto ordering or placing any materials.All work shall conform to theNational Construction Code ofAustralia.Do Not scale drawings.This drawing is Copyright.WEATHER STRIPSWeather strip to all externalhinged doors.DOORSDoors shall be 820 x 2040 unless notedotherwise. Bathroom, En Suite andToilets shall have 720 x 2040 doors.

    NOTESExisting Walls to remainNew Walls (Double Brick)Windows -represents awindow 1000H x 1500W 10 15

    Issue Date

    Drawing Status

    CLIENTDaniela VassPROJECTProposed Restaurant52 Station StreetSeymour

    DATENov 2019

    DRAWNM. Santos

    DESIGNClient

    CHECKEDB. Mactier

    SCALE1:100 @ A3 Sheet

    REGISTRATION NUMBERSVIC CDP-AD56576QLD Res. Design1023404 1023404 1023407 (Super)TAS. CC4216F

    DRAWING TITLEProposed Floor Plan & Elevations

    SHEET NUMBERTP3 of 5

    JOB NUMBER20441

    Floor Plan

    For Construction

    Bruce Mactier & Associates P/L trading as

    WALLS TO BE REMOVEDPrior to removing walls, thebuilder shall verify that all wallswhich are load bearing shallhave the roof and ceilingstructure reorganised byrelocating props etc and (or)installing strutting beams.Strutting beams and all otherframing to be shall be sized asper AS.1684.

    See Energy rating reportfor additional informationon glazing.

    GLAZING

    STRUCTURAL NOTESBracing Plan by Engineerif required

    Level 2, 4 Welsford StreetShepparton 3630

    11-13 Sydney StreetKilmore 3764

    Telephone (03) 58221255Fax (03) 58 312153

    Email [email protected] www.brucemactier.com.auExisting Building Area 52.19m² approx

    Shipping Container 14.88m2 approxTotal Building Area 67.07m2 approx

    Proposed Floor Plan

    820

    Step

    Pavers

    Gar

    den

    70mm Stepdown

    No Step

    Cak

    eD

    ispla

    yC

    offe

    e M

    ach

    ine

    /Ser

    very

    Sink

    Pre

    p A

    rea

    Drin

    ksFr

    idge

    Frid

    ge

    Frez

    Bunk

    ets /

    Sto

    rage

    Tab

    les &

    Cha

    irsMaleWC

    FemaleWC

    Store

    New Basins

    60010008001800

    500

    2100

    1000

    1200

    2475

    2525

    5000

    Alfresco

    Full height doublebrick 90/90/90 fire wall.Black color paint finish.

    Extend wall to abovenew roof to createcompliant fire wall onboundary

    Exisiting concrete tobe cleaned & sealedby approved methods

    350

    3000

    350

    150 SHS steel post

    Lintel

    Dining

    ExistingWindow

    New AluminiumGlass door

    New Suite

    New Suite

    2118

    White door frame

    Full height doublebrick 90/90/90 firewall. Black paint finish.

    920

    BoundaryLine

    BoundaryLine

    New roofshown dotted

    Existingconcrete path

    600 x 600 sq pad for col.

    200 x 45 MGP10 pinebeam @ 1200 cts.

    4620 2370

    2600

    1580

    1540

    3000 1590 1100 1140

    270

    DRY CHEM POWDER EXTINGUISHER

    LEGEND

    FIRE BLANKET

    Version 5 - 15/11/2019

    820

    0603

    Louv

    er06

    03Lo

    uver

    2440

    Frid

    ge

    DW

    2.4m

    Ser

    very

    Win

    dow

    6100

    4930 approx

    Kitchen

    Hand wash basin

    Proposed ShippingContainer

    No Step

    Shipping container non slipvinyl flooring (R12 rating)

    Prep

    Sin

    kFr

    yer

    Pot S

    ink

    Stov

    e

    600 Deep Stainlesssteel benches &splashbackStainless steelranghood

    Overhead Shelves

    600 1140 600

    DP

    Existing building withaccess to Accessible

    toilet via driveway

    Max patons andemployees to restaurant

    to be 100 in total

    920

    DP

    Trading hours for proposed restaurant willbe Monday to Saturday 7am to 4pm.

    Closed Sunday.Friday nights and private functions will be

    open for summer till 12pm.Liquor licence will be 7am-12pm

    Court Yard

    (Concrete Laneway)

    Preliminary - Not

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  • Planography Pty Ltd

    6 Binney Street

    Euroa Victoria 3666

    Troy Spencer: 0437620174

    [email protected]

    Cumulative Impact

    Assessment Report 52C Station Street, Seymour

    Lot 2 TP868636

    General Liquor Licence

    Amended - 11th September 2020

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  • 2

    Table of Contents

    ▪ 1.0 INTRODUCTION 3

    ▪ 2.0 WHAT IS THE RELEVANT AREA? 3

    ▪ 3.0 WHAT IS THE DENSITY AND TYPE/MIX OF LICENCED PREMISES? 5

    ▪ 4.0 WHAT IS THE EXISTING LEVEL OF AMENITY IN THE AREA? 7

    ▪ 5.0 WHAT IS THE IMPACT OF THE PROPOSAL ON THE AREA? 8

    ▪ 6.0 CONCLUSIONS 10

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  • 3

    1.0 INTRODUCTION This report assesses the likely cumulative impact of a proposed restaurant general liquor licence at 52C Station Street, Seymour. Pursuant to Clause 52.27 of the Mitchell Planning Scheme [the Scheme], a permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998. This assessment responds to the Decision Guidelines of Clause 52.27, which require the Responsible Authority to, among other things, consider ‘the cumulative impact of any existing and/or proposed liquor licence, the hours of operation and patron numbers, on the amenity of the area”. This assessment was prepared in accordance with Planning Practice Note 61: Licenced Premises: Assessing Cumulative Impact. 2.0 WHAT IS THE RELEVANT AREA? The subject site is located in within the Central Business District (CBD) at 52C Station Street, Seymour. This is a commercial precinct facing the Seymour Railway Station. It is situated within walking distance to

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  • 4

    supermarkets, shops, retail, hotels and is centrally located within this precinct.

    Figure 2: Context of the subject site.

    There are several licenced premises in the area, which are predominantly located within this commercial precinct (Station Street/Wallis Street/High Street), Seymour. This is the “Town Centre” Activity Centre and identified in the map and overview contained at Attachment 1. With regard to the subject site which is located approximately 92 metres west of the Railway Club Hotel (the closest licenced premises), it has also been recognised that due to the area being zoned for commercial purposes, it is well suited to being licenced.

    Subject

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  • 5

    With regard to the context of the more immediate area, the site interfaces are described below. North To the north of the site, there are several commercial businesses fronting William Street and beyond this sits the Woolworths supermarket and associated carpark. Included in this precinct is offices and Centrelink. West To the west of the subject site, commercial premises stretch along Station Street to Wallace and High Streets. The businesses include retail, shops and banks.

    South To the south of the subject site, on the opposite side of Station Street, the Seymour Train Station is located and accessed from Anzac Avenue. A subway walking path opens up onto Station Street. East To the east of the subject site, commercial premises stretch along Station Street to Crawford Street. The businesses include retail, pubs, shops and cafes. Access is available to the site along Station Street, William Street and from Anzac Avenue via the subway. 3.0 WHAT IS THE DENSITY AND TYPE/MIX OF LICENCED PREMISES? The number of people residing within Seymour is approximately 6452, and that this population is projected to increase by the year 2031 with the Mitchell Shire set to increase its overall population to about 86,000 people which is double its 2011 population. It is therefore reasonable to expect that the premises will operate within this precinct to a supply and demand ratio that is more than warranted.

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  • 6

    Venues with liquor licences within 200 metres of the subject site include:

    ▪ The Railway Club Hotel - On premises licence – (Seated patrons) ▪ The Terminus Hotel – On premises & Packaged liquor Licence

    (Seated patrons) ▪ Woolworths (BWS) Packaged liquor licence (no patrons) ▪ Liquor Land Packed liquor licence (no patrons) ▪ Café 96 – on premises licence (Seated patrons) ▪ The Brewers Table – on premises licence (Seated patrons) ▪ Caffeine Bistro – on premises (Seated patrons)

    A breakdown of existing liquor licences in the immediate surrounding area (approx. 500 metres of 52C Station Street, Seymour is provided below: Licence Type Number

    Packaged Liquor 4

    Limited 0 On-Premises 5

    Restaurant and Cafe 4 BYO Licence 0

    General 0 Late Night 1

    Full Club 1

    Pre-Retail 0 Wine and Beer Producer’s 1

    Total 11 This number is primarily due to the site’s proximity to Anzac Avenue and Emily Street. There are a number of licenced venues associated with restaurants, cafes and some late-night venues along Station Street. Further east and

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  • 7

    towards the subject site there are more packaged liquor and smaller café style venues associated with the office/industrial land uses that dominate the more immediate surrounds. 4.0 WHAT IS THE EXISTING LEVEL OF AMENITY IN THE AREA? The subject site is within a C1Z, where it is intended the land be used largely for commercial purposes including retail, shops, cafes, and offices and associated commercial services. The precinct is predominantly used for a mix of shops and retail with some food and drink venues along with hotels and cafes. Station Street and William Street are commercial precincts that are well landscaped and provide for public parking.

    Figure 3: Zoning map of subject site and surrounding area.

    As is demonstrated in the above zoning map, the site only abuts commercially zoned land. The closest residential zone is the General Residential Zone located on the opposite side of the Railway precinct to the south. It is noted that within the C1Z, the use of the land for a dwelling is subject to a condition to ensure that it is generally behind or above the business. The ‘usual’ amenity expectations are essentially offset by the convenience of living adjacent to shops, restaurants and transport. This precinct of Seymour, and more particularly the nearby Railway Station and heritage buildings along Station Street are considered to be

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  • 8

    provide important commercial and hospitality attractions. As is evident by the licences existing within the area, the Town Centre Activity Centre and surrounds is known for its walkability and close proximity to mixed uses including cafes, restaurants, pubs and shops. This precinct is serviced by public transport options to ensure patrons are efficiently moved out of the area, to minimise the incidence of people waiting or loitering unnecessarily in the area. The Taxi Rank is opposite the site, along with the Railway Station. Having regard to the discussion above, it is concluded that the site’s context can be described as one with the capacity to cater to providing for a general liquor licensed premises for general sales with a total of 100 patrons. 5.0 WHAT IS THE IMPACT OF THE PROPOSAL ON THE AREA? The proposal relates to the application for a general liquor licence for a restaurant/deli. It includes alfresco dining onsite. It is considered that the sale and consumption of liquor associated with the restaurant/deli use, including the 100 patrons proposed and operating hours until 7:00am to 12.00pm Monday to Saturday are appropriate and responsive to the site’s context, the aspirations of the planning policy framework and the reasonable amenity expectations of adjoining land uses and the community in general. The sale of packaged liquor including imported Italian beer and locally produced wine is consistent with the precinct and will accord with the regulations. The selling of packaged liquor will only occur between 7:00am and 12:00pm Monday to Saturday. This approach will ensure that future Covid 19 lockdowns will enable the business to be in a position to sell takeaway throughout the day and evening.

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  • 9

    It is considered the proposal will not cause detriment to off-site amenity as: ▪ The licenced premises is a restaurant, where the primary focus will be the preparation and serving of meals to be consumed, with the service of alcohol being a secondary component. As such unreasonable patron behaviour is not anticipated, nor is crime, vandalism or violence. The sale of packaged liquor is secondary to the restaurant service and will provide patrons with the choice of purchasing imported Italian beer and local wine when they depart following a meal; ▪ The premise is within a commercial precinct and along a main road, therefore no sensitive land uses exist within close proximity; ▪ The site is positioned within the Seymour Township Activity Centre and as such the licenced premise are not considered isolated and will rather further contribute to the dining options available within the broader area and for office/retail workers already in the area; ▪ The precinct is not ‘saturated’ due to the variability of existing licences within the area, the majority of which operate until 11pm and 1am, with Chase Nightclub located at the Terminus Hotel being 2am; ▪ The area is well serviced by transport options for patrons, including public transport, taxi and uber services. This will enable the efficient and timely dispersal of patrons of the premises; ▪ The proposal, including the outdoor areas, will not result in unreasonable noise generation and as such the amenity of nearby sensitive noise receivers will be protected from unreasonable noise impacts; ▪ The licenced premises will deliver a positive cumulative impact as it will enhance the vitality of the area as is sought by planning policy through the activation of uses along a major thoroughfare, increases consumer choice for nearby workers and tenants of the surrounding businesses, provides economic benefits due to the size of the premises

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  • 10

    and number of jobs provided and is ideally located with regard to transport options and walking distance within a major activity centre; and ▪ A Noise and Amenity Action Plan is not required as the sale and consumption of liquor is predominantly associated with restaurant use. The sale of packaged liquor is selective and likely to only serve patrons upon leaving the premises following a seated meal. It will also enable the sale of both take away food and alcohol during pandemic lockdown events. ▪ The packaged liquor will be kept within storage seating located along

    the left wall of the restaurant. The liquor to be sold in packaged form will include bottled imported Italian beer and locally sourced and produced wines.

    ▪ operating hours include:

    - Restaurant, General Liquor Licence 7:00am to 12.00pm Monday to Saturday.

    6.0 CONCLUSIONS It is concluded from the above assessment that the proposal will not result in unreasonable negative cumulative impacts on the amenity of the relevant area. While it is noted that the area includes a number of licenced venues, this is primarily due to the site’s central location in Seymour’s business district. The site is positioned within a C1Z, with a number of shops and mixed businesses such as pubs, cafes, food and drink premises in the immediate vicinity. The licenced restaurant will be a positive offering for visitors and employees already in the area, along with residents within the township.

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  • 11

    The restaurant is well positioned to cater to the surrounding businesses, employees and visitors, without causing unreasonable cumulative impacts. Being a restaurant with the primary focus being the consumption of food, the proposal will not unreasonably impact the amenity of the area. The sale of liquor is secondary and will predominantly provide patrons who are seated for meal service to take packaged beer or wine away when they depart the premises, or with takeaway food in Covid 19 related lockdowns. It is therefore considered the licencing of the restaurant within is appropriate with consideration to any potential cumulative impacts resultant of the proposal, and as such the proposed licence should be supported.

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    987.

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    20441 - Vass WD Model (1)3.pdf (p.3)20441 - Vass WD Model (1)5.pdf (p.5)