ContourTown Planners

BallaratPlanningScheme-AmendmentC, 59Combined PermitApplication No. P20,2.442PanelHearing

StocklandWendouree

ShoppingCen reDateofReport80ctober2012Prepared by AndrewBiacsi

Contour

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Town Panners

BallaratPlanningScheme-AmendmentC, 59Combined PermitApp"cation No. P20,2-442PanelHearing

StocklandWendou ee

Shopping CentreDateof Report 8 October2012Prepared by Andrew Biacsi

Contents

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Introduction

Summary of Proposal2.1 AmendmentC1592.2 PermitA tication

Planning Context3.1 Planning controls3.2 State policy3.3 Local Pollc

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Consideration of issues

4.1 Safety, access &convenience4.2 Publicamenity4.3 Streetscape/urbandesign4.4 Other issues

Conclusion5

Attachment,

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Expert Witness Declaration

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St^lard^SI^r^Conte

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Introduction

I have been instructed by Norton Rose, Lawyers acting on behalf of StocklandDevelopment Pry Ltd (Stockland) to prepare a statement of planning evidence inrelation to the planning implications of AmendmentC159 (Am C, 59)to the BallaratPlanning Scheme (Bps) and Permit Application P2012-442 (the PermitApp"cation).

Stockland is the owner of the Weridouree Shopping Centre MsC)located at 330GIIies Street North, Weridouree

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Am C159 was prepared by the Ballarat City Council(Council) arthe request of myoffice (Contour) on behalfof Stockland. The Amendment applies to land adjoin'rigtheWSC being the land at No. 1/31 Norman Street; Units land 2, Not133 NormanStreet; Nos. 6870 Parkstreet;and aportionofthe Parkstreetroad reservation.

A Planning and Urban Context Report(PUC Report) dated May 2012 and preparedby Contour accompanied the Amendment request and PermitApp!ication. Contourformally lodged the Amendment request and Permit Application on behalf ofStocktand on the 25 May 2012.

In terms of my involvement in the process to date, I was only engaged by NortonRose after the matter had been referred to a Panel and had no involvement in the

Amendment or PermitApplication process up to that point

The Amendment and Permit Application seek to facilitate the proposed expansionand upgradeoftheWSC.

A number of submissions have been lodged in respect of the Amendment andPermit Application. Those submiss ons are before the Panel for its considerationand advice.

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AmendmentC, 59

2 Summary ofP oposal

o PermitApplication

In summary, changes proposed by Am C159 are intended to facilitate the expansionand upgradeoftheWSC. The Amendment proposes to:

Rezone land from Residential I Zone(RIZ)to Business I Zone(BIZ)whichwould makethewholeoftheexpandedWSC landsubjecttotheBIZ;

. Apply a Road Closure Overlay (RXO)to the northern end of the Park Streetroad reservation.

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The Permit Application includes a package of plans prepared by NH Architecture.dated 25 May 2012. Detailsofthe proposed expansion and upgradeoftheWSCaresetoutand described in the application material including the Contour PUC Report.

Keye!ementsoftheproposalare:

. Redevelopment of thenorthern partofthecentre, with anewsupermarketto be located in the north-west corner of the site, a new discount

department store at the north-east corner, expanded mini major andadditional speciality shops;

The existing north-south malls extended n a northerly direction, and thesemalls being terminated in a new east-west cross malltocreate a 'figure 8'configuration that is anchored at its corners by the four majortenants.

. The central partofthesiteto be replaced with afood court;

. An expanded supermarketin the southern partofthesite;

. AnewcommunityfacitityfrontingNormanStreet;

. A multidecked car parkatthewestern end of the centre, and new rooftopparking;

. Vehicle access via Norman Street and Gillies Street North, and a new

signalised intersection is proposed on Norman Street that will integratewith the existing accesstothebulkygoodscentrestothewest.

Atotatof 1,762 car parking spaces are to be provided. asweltas 78 spacesfor bicycle parking.

. Loading and deliveries will occurfrom Norman Streetvia adrivewayatthenorth/eastern corner of the site* The loading bay is provided at the rear ofthe shopsfrontingNormanStreet. Asecond loading bayis provided forthenew supermarket at the north/west corner of the site, accessed fromGillies Street North.

Landscaping throughout the site will provide for entry feature planting;acoustic toncing and tree planting to the residential area in Park Street tothe eastofthesite; dedicated walkways infoutofthe shopping centreandto the car parking areas; a central seating and outdoor play area; andwater sensitive urban design treatment to collect and filter stormwaterrunofffrom internal roadways.

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2 Summary of Proposal

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The focade treatments are contemporary and typical of a modern sub-regional size retail complex. The palette of materials includes screeningfeatures such as metal blades to carpark and ramp areas; concrete pre-cast panels to large walls providing for texture and articulation; timbercladding on buildings fronting Norman Street as well as timber canopytreatment; and useofmetalctadding and screening to the Norman Street/GiniesStreetcomer.

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SIG^I, read""Shaping Canto

Planning controls

3 Planning Context

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The siteofthe existingWSC is zoned BIZ under the Planning Scheme. Thereare 00overlays that apply to this land. Shop is a Secton I use in the zone and there is nospecified shopfloorarea lim'tinthe schedutetothe BIZ.

The land to the east which is proposed to be rezoned to BIZ by the Amendmentscurrently zoned RIZ, There are no overlays that apply to this land. RetailPrem seswhich includes 'shop'is prohibited in the RIZ (other than Community Market,Convenienceshop, Food and Drink Premises and Plant Nursery).

Both Norman Street and Gi"ies Street North are included in the Road Zone

Category I under the Planning Scheme.

Particular provisions of the Planning Scheme relevant to the Permit Applicationinclude Car Parking (Clause 52.06); Loading and Unloading of Vehicles (Clause52.07); Land Adjacent to a Road Zone or Public Acquisition Overlay (Clause 52.29);Bicycle Facilities (Clause 52.34); and Integrated Public Transport Planning (Clause52.36).

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3.2 State policy

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3 Planning Context

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18 The planning application documentsand Explanatory ReportforAmendmentC159setoutthe planning policy and strategiccontext. RelevantState policy initiativesinclude:

The amendment is consistent with the activity centre objectives (C! 11.01and Ct 17.00 of the State Planning Policy Framework which seeks toencourage the concentration of retail, commercial. administrative,entertainment and cultural developments into existing or planned activitycentres which prov'de a variety of land uses and are highly accessible tothe community

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The expansion of the centre is consistent with its role and function as aMajor Activity Centre (MAC). It will also improve the social, economic andenvironmental function of the Centre and enhance the internal and

external amenity of the Centre.

The proposal is also consistent with Clause 11.05-I, Regional Settlementnetworks. in contributing to the sustainable growth and development ofBallarat. a majorregionalcity

3.3 Local Policy

It isexpected that the development proposed by the permitapp"cation willnot compete with any nearby activity centres but rather, enhance theoverall retail offer of the Weridouree MAC, improve choice and retailcompetition to the benefit of the surrounding community while creatingboth shortand torigterm employment.

The subjectsite is situated within an established MACwith good accesstotransport services. The proposed expansion and upgrade of the WSC willcontinue to service a growing population and will therefore offer a netcommunity benefit through the provision of improved retail servces andfacilities that will be available for use by both existing and futurepopulations.

19 The Stockland WSC is recognised asasub-regional centreand forms partoftheWeridouree MajorActivityCentre(MAC),

20 The roleofthecentre is to cater for grocery and higher ordershoppingservices. TheFinal Draft "BallaratActivityCentresStrategy, ', September 2012, supportsthegrowthanddevelopmentofactivitycentres, whileprotectingtheprimacyoftheBallaratCBD.

21 The Final Draft "BallaratActivityCentres Strategy'is proposed to begiven effectviaAmendmentC151totheBa!Iarat Planning Scheme, which includes changes to theLocal Policy FrameworkatC!auses 21.04and 21.10.

22 Local policy encourages further investment inactivity centres to supportthegrowthof Ballaratthroughthecreationofnewbusinessand employment opportunities andalsoto enhancethediversityof retail. commercial and social activities provided. Th sin turnwittfurther the economicroleofBattaratasa majorcentreofthewesternregion.

23 Local policy also recognises the need for flexibility forcentresto change overtimetoaccommodate futureretailandeconomictrends; beeconomicallyviablewithenhanced choiceand competition; and allowforinvestment, employment and

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3 Planning Context

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businessgrowth.

24 The Amendment and associated development atWSCisconsistentwiththe localpolicy in the following ways:

Macilitatesan improved retailofferforthe WSC (Ct. 21.02-I)

It strengthens the role of the WSC as a sub-regional shopping centre (Ct.21.04-4).

It provides for new retail floorspace in an appropriate location within theexisting activity centre hierarchy(C1. 21.04-4)..

. It facilitates new development that will improve the overall amenity of thecentre(Ct. 2t .04-4).

. It provides sufficient onsite car parking spaces to meet demand (C1. 21.04.4).

25 The Amendment is alsoaligned with proposed retailpolicy. asforeshadowed inAmendmentC151 and the Final'Bauerat Activity Centres Strategy'. 2012.

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4 Considerat on of issues

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he following discussion addresses the main planning issues raised in thesubmissions. According to the CouncilOfficer's Reportof 12 September 2012whichaddresses the Amendment and Permit Apptication, a total of 29 submissions werereceived. This included 19 community submissions, 7 from referrevpubticauthorities and 3 internal referrals. Atotat of4 submitters objected to the proposal,with afurthet9 local community membersexpressingconcerns

The issues referred to by the community are grouped by the Council Offcors underthe following headings:

. Parkstreet-access, reserve and landscaping, streetredes gn.

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. Trafficmanagementandcarparking.

. Centremanagementissues.

. Construction management

4.1

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note that the exhibited Amendment and Permit Application documentationriduded a draft planning permitthat contained conditions proposing to address arange of design and operational matters. It is intended that permit condit'ons willaddress a number of the matters raised in the submissions. I am aware that a

work'rig draft of the permit conditions been prepared and circulated forthe partiesto address at the Panel Hearing. I regard this as not only appropriate butcommonplaceinthesecircumstances.

Leaving aside specialist matters relating to traffic. car parking, road closure impactsetc. which will be commented upon and addressed by others, I regard the mainplanning issues being those relating to safety, convenience, security. amenity andthe streetscape/urbandesign. Iwiltcomment on thesemattersasfotlows.

Other/miscellaneous

Safety, access&convenience Some submiters have expressed concern about the potentialtOSs of a pathway

connection into the shopping centre off Park Street via a 'fire exit' which will beclosed off by the proposed development.

The present situation is not considered safe or acceptabte given that it requiresvisitorstotraverse a back-of-house loading areaand shopper car park. lagreewiththe Council Officers when they note that this arrangement ...*is not Ideal andinvolves compromised levels of pedestrian sangty, and potential for conflicts withloading vehicles andshopperparking. "

Access to the expanded shopping centre is to be formalised and more focussedthereby enhancing safety, security and public amenity. In any event, for thosepatronswishingtoaccessthecentrefrom Parkstreet, the existing connection at thesouthern end of the shopping centre is to be retained. In the circumstances. whitstthe distance of travelfor some local residents attending the centre may increase, !believe that the proposed arrangementswitIdetiverabetteroutcomeoveratt.

n all other respects, Iconsiderthe proposed layoutofthe expanded and upgradedcentreto be acceptabteand that it will providefora safe, accessibleand conven entarrangement for shoppers using the shopping centre.

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4 Consideration of issues

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Public amenity 34 Pubt'camenity issues typically concern matters relating tooperationa! functionsassociated with the shopping centre including management of external areas, titerand trolley control. lighting and noise.

35 It is commonplacethatdetailed matters relating to the functioning of a shoppingcentreareaddressed through permitconditionsrequiringthesubmission ofdetailed plans. Such is the case in this instancewhere permit conditions areproposed requiring the subm ssion of atteastthefoltowing:

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. A Waste Management Plan which will typically address garbage storageand collection arrangementsetc.

A Shopping Centre Management Plan which will typically address matterssuch as noise, security, car parking for staff, loading'unloadingarrangements, !iter and trolleycontroletc.

A Construction Management Plan which will typically address siteconstruction arrangements including provis'on for car parking and accessduring construction phases of the project.

A Lighting Plan which will address matters relating to after. hours security,residential interface issues etc.

An Acoustic Assessment Report that typically addresses potential noiseimpacts, interface conditions, noise abatement measures, deliveries etcthat will be supplemented by particularised conditions to protectresidential amenity.

36 Other plans ordetailed reportsare required to be submitted including adjsabitityaccessaudit, drainagemanagementptan, sustainabi!itymanagementplan, atraffic, carparking. bicycleand pedestrian management plan, a landscapeplan. asediment controlptan and civilconstruction drawingSIn all, the combination ofthese requirements assures a high levelofdetailthatis required to be providedwhichcanonlybe realisticat!yprovided at the detailed documentation phaseoftheproject.

Streetscape/urbandesign

37 Ihaveeveryconfidencethattheinformation required should be capable ofresponding to andaddressinganypubticemenityconcernsofthecommunity.

38 The streetscapeand urban design implicationsofthe proposal are illustrated in thearchitectural package and also addressed in the Contour PUC Report. Guidingprinciples which have informed the builtform response are set out at Clause 15 ofthe SppFand Clause21.050fthe LPPF

39 In terms of the street and pubUc interface, I notethefoltowing design responses:

, The interface to Park Street will be replenished with landscaping in orderto manage the residential interface together with new acoustictreatments. screening of the loading dockareaand a new builtformthatisto beachculated and presented attractively.

. A new pedestrian I'nk is proposed that connects the northern termination

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4 Consideration o, 193ues

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of Parkstreetand Normanstreet.

. The interface to Norman Street proposes a more urban response thenpresent including a new building edgeand an associated pedestrian scaleverandah. a new public plaza and community faci"ty located centrallyalongthisfr'ontageand at grade parking with lighting and landscaping.

. At the north-west corner of the Centre, a vehicle ramp that accesses therooftop parking is integrated with the structure of the proposed buildingandwi"assist tomarktheintersection of Norman and GillesStreet North.

. A more robust bu'tt form response is proposed along Gillies Streetcomprising the west elevation of the new supermarket, ascreened loadingarea and decked parking complemented by a redesigned westernpedestrian entry into the Centre.

. The proposed expansion includes a rangeofptanninganddesign initiativesincluding a contemporary architectural language, new entry treatments,verandah treatments, externalised shop fronts, lighting, landscaping, amajor new public plaza along Norman Street and a new and externalsedcommunity facility.

. The proposed architectural expression is contemporary and will deliver anenhanced appearance for the WSC. The palette of materials includestextured profited pre-cast panels; timber cladding to building facades andcanopies; and metal cladding and roofing. These will all combine tocomplement the improved retail offer and the overall urban designoutcome.

. A requirement of the Landscape Plan is that a pubtc art strategy is bedeveloped and submitted fortheCouncil'sapprova!.

. The Director of Public Transport's recommendations for inproved publicconnections between the centre and publc transport factities areaddressed by permitcondition.

The proposed permitconditionsreferencevariousdesign changes including mattersthat will be further advanced aspartofthedesign development phaseofthe projectThis is to be expected for a development project of the scale proposed. Severalmatters of design detail arise out of the-peer review sought by the Council via theDesign Review Report it received from the Office of the Victorian GovernmentArchitect. Their advice has been useful in informing the design review process andaiding the Councilin the formulation of permit conditions. A working draft of thepermitconditions been prepared whichwitIbeaddressed at the PanelHearing.

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4.4 Other issuesA number of relatively minor or peripheral issues have been raised in respect of theproposed development including matters relating to its economic justification,impacton property values, heritageand thenatureofthedeveloper/owner/operatorof the Centre. Ido notbetIevethatanyofthese bear upon the strategic basisfortheAmendment ortheplanningmeritsoftheproposed development.

42 I also note that there is a body of materia already provided as part of theAmendment and application process that informed the Council's decision toproceed with the public exhib tion process and its support for the project. This isnowsupp!emented by other expertev dencetothis Panel.

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4 Consideration of Issues

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43 The Panel has invited commentary on the implications of the Reformed Zones forVictoria Review with particular regard for the commercial zones. In terms of thesubjecttand, the Business I zoned land applying to the WSC land will simply revertto acornmercialZone I under the reformed zone provisions. In that case. no permitwould be required for shop and no shop floorspace limit would apply, which sconsistentwith the present situation.

44 My view is that noretianceorweightcan be placed on the proposalscontained in the'Reformed Zones' given the process has only recently commenced. The proposednew zones could be considered as akin to a planning scheme amendment that hasjust concluded its exhibition phase, and as such would not be seriously entertained

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45 The Minister has recently announced the appointment of an Advisory Committee toindependently review the submissions and to report its findings back to theMin ster. It is therefore not certain what the final form of the new zones will be

following the review.

46 That reviewprocess is yettoadvancetothe pointwhereitcan be relied upon by thePanelin hadeliberationsonAmendmentC159.

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5 Conclusion

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Having regard to the foregoing discussion, consider that:

. The strategicbasisforAmC159 is sound andthattheproposa!willimplementstateand local policy.

Rezoningofthe affected land from Residential I to Business I to facilitatethe proposed development isentiretyreasonabte.

. The application of theRXO in order to facilitate the development isappropriate in the circumstances.

. The issues raised by submitters in sofarastheyrelatetotown planningconsiderations, are not so significant asto be a concern.

The detailsoftheproposed development required to beaddressed bypermitconditionscan neappropriatetyaddressed at the designdocumentation phaseofthe project.

The proposed development is agood planning outcomeand onethatwit11nmy view, deliver acornmunity benefit in planning terms.

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,,,:- *D

Andrew Biacs

DIRECTOR

CONTOURCONSULTANTSAUSTRALIAPTYLTD

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Attachment,

ExpertW ness Dectaration

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Cabr ConsultsnlsALislPtyLld A

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NameandAddress

Qualificationsand Expertise

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Shamr, Conto

AreaofExpertise

AndrewBiacsiisa DirectorofContourConsultantsAustralia PtyLtd, TownPlannersand Practices from level1, 283 Drummond Street. CantonVictora

+ BachelorofAppliedScience(Planning)+ Graduate Diplomain Urban and Regional Planning+ Director-ContourConsu tantsAustra!ia PlyLtd

Firstemptoyed anatown planner in 1980. Ihavebeen employed in both publicandprivate practiceforaperiodofmorethan30years in Victoria, the A. CT. and NewSouthWa!es. Ihavebeen in private practicesince 1989andatContourConsultantssince 1991-

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Expertisetomakethisreport

Statutory and strategic planning and urban design.

Adviceand assessment oftand useand development proposalstoptanningauthorities. government agencies, corporationsand developers(indudingmajorresidential, retail, commercial, industrial, institutional and mixed use projects)

Preparation and presentation of evidencebeforeVCAT, SupremeCourtofVictoria,the Magistrates Court. Liquor Licensing Commission andvariousgovernmentappointed independentpanelsand advisory committees.

Instructions which defined the Ihavebeeninstructed by Norton RoseLawyers, on behalfofthepermitappticant. toScopeofthjsReport ProviderIyopiniononthetownptanningimpticationsot e men meritan ermi

Facts, MattersandAssumptionsRelied Upon

+ ReviewoftheAmendmentmaterial.

+ Reviewofrelevantcorrespondenceand other documents.+ ReviewoftheBalteratPlanningScheme.+ Consideration of the CouncilReporrs. submissionsand relevant

background reports

Documentstaken into account Refer to the documentsdescribedaboveand in thereport.

Identity of PersonsUndertaking the work

Summary of Opinions

My training andexperience including involvement with planning schemeamendmentsand permitapp!icationsinvolvingmanyformsofretait, commercialand mixed usedevelopmentsinactivitycentresand other locationsoveraperiodofapprox. 30yearsqualifies metocommentonthetown planning implicationsoftheAmendment

Reportprepared by AndrewBiacsi.

Asummaryofmyopinionsis setoutintheconclusionsatSect on 4.00fthereport.

+ Idonot hold anyprovisionalopinions in respectofthis matter.-> Having regard to my instructions. Ido not believe the reportto be

Inaccurate or incomplete in anyrespect.

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Stopj. re Centre

I have madealtthe inquiries that I believe are desirable and appropriate and thatno mattersofsignificance, which Iregard as relevant, haveto my knowledgebeenwithheld from the Panel.

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CantoL, oncoming NaptyLld A

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ANDREW BIACSlDIRECTORCONTOURCONSULTANTSAUSTPIYLTD

coB0, <1040

Level1/283 DrummondStreetCalltorivictoria 3053

Telephone0393476100info@contour. netaucontour. netau

ContourConsu!tants Australia PlyLtdABN 98 4/7/62976ACN 068162 714