New Residential zones

3228 RA was invited to meet with planning officers of the Surf Coast Shire to discuss the new Residential Zones being introduced by the State government on 1st July 2014.

As reported in the local paper and on the SCS website, the council officers recommended that council adopt a policy neutral stance that would best maintain the "status quo".

It is the position of the committee that the changeover to the new zones was the perfect opportunity for council to provide more certainty about building heights by using the NRZ - Neighbourhood Residential Zone (which prescribes building heights are restricted to 8 metres) in certain areas of the shire.  The General Residential Zone does not have a specific height limit and is therefore more open to interpretation and possible action at VCAT in our opinion.

Below is our short submission -

New Residential Zones - Submission from 3228 Residents Association

 

The committee of the 3228 Residents Association would like to thank the Surf Coast Shire for inclusion in the discussion of the proposed incorporation of the new residential zones into the surf Coast Planning Scheme.

Members of the committee met with Brydon King and Jorgen Peters on 31st March 2014 to provide our feedback, as requested, in Brydon King’s letter dated March 6th 2014. In that letter it was stated that Council was proposing “an approach in the Surf Coast shire that will maintain the status quo on residential planning regulations as much as possible”.

We understand that council officers have been extremely busy in the last 12 months, particularly with the C66 Amendment. However, there appears to be a lot of strategic work to be done to provide a considered approach to the new zones and there doesn’t appear to be the time for this to be carried out before the Minister’s deadline. This time constraint may be the reason for the officer’s recommending the zone that maintains the “status quo”. Given that council has started this process so late in the time allocated by the Minister, we believe that it is more appropriate to start from a conservative position on zones and then if needed a change to less conservative position can be adopted later.

As stated in the meeting, we believe that the council should be adopting a more proactive approach than just maintaining the status quo which does not give the protection, especially for height limits, that the community expects and wants. Generally, the residents of Torquay and Jan Juc have been calling for greater controls for some time and this is an opportunity to address that demand.

According to the council letter of 6th March 2014, -The GRZ encourages development that respects an areas character ………………..It puts in place a preferred building height of 2-3 storeys or 9m…………………overlays will seek a preferred height of 7.5m in the coastal townships. It is these highlighted words – encourages, preferred, seek a preferred are exactly why we are concerned by a blanket use of the GRZ. The community continues to ask – how did Bunnings happen? How did the RACV building happen? How could the Liuzzi Group consider it appropriate to put forward a 5 storey proposal on the Esplanade in Torquay (C66 Panel hearing)? These sorts of developments can continue to happen if  the planning controls were not strong enough or were incorrect.

Rather than maintaining the status quo, which we consider does not provide a clear direction with regard to building heights and is open to objection at VCAT, it is our position that the council should initially adopt the NRZ. It is easier to ease restrictions from a position which is more rigid in its controls (NRZ) than to try to tighten them after they have been relaxed. If we take a more 'development friendly' position in zoning(GRZ) and find that the controls are not strong enough, then any lodged application proposed before the controls are reformed would be assessed on those controls and would most likely pass.

It is for this reason that we believe not all of the residential areas of Torquay and Jan Juc (and indeed other coastal towns) should be given a 'blanket' zone of General Residential Zone (GRZ). The church estate, 'old Torquay' and most of Jan Juc should initially be given Neighbourhood Residential Zone (NRZ) with current overlays from C66. Some areas within 400m of commercial zones (shopping areas) may be given a different zone that allows higher density. GRZ with current overlays may be appropriate for newer areas of Torquay (Torquay North).

Reading the schedules and overlays doesn’t give us any comfort that height limits will not continue to be challenged beyond those “preferred” by the Surf Coast Shire planning Scheme. For example, Schedule 4 to Clause 32.08, which refers to Jan Juc under point 3.0 “Maximum building height requirement for a dwelling or residential building” – None specified. There is no protection for height limits.

It was pointed out by council officers that the restriction of subdivision into 2 lots only under the NRZ would be too restrictive. This may be so in some parts of old Torquay but generally there are very few blocks that are large enough to allow more than a 2 lot subdivision if a minimum of 300m2 is adhered to. Already we are faced with inadequate parking requirements for unit developments that result in the excess cars being permanently parked on the street, the majority of which, in Jan Juc and other newer areas of Torquay are too narrow to allow safe passage. From observation, it also appears that in some instances the minimum is not being strictly adhered to in some areas of Jan Juc. It is also noted that this can be altered by a schedule to the zone - “allowing a maximum of two dwellings on a lot, with the ability for councils to vary this limit through a schedule to the zone (the minimum can be less or more than two dwellings).”

We believe now is the time for our council to protect the amenity of the towns throughout the shire. You can do that by not maintaining the status quo and adopting the NRZ in where it is more appropriate.

It appears from the Surf Coast Shire website that it has already been decided that council officers intend to recommend the GRZ on the basis that this would be policy neutral. It doesn’t explain why it should maintain this position. Nor does it explain why community consultation hasn’t taken place before the officers decided on this course of action or why there was one “drop in” session in Anglesea on a Wednesday evening for the whole of the shire. It may have been appropriate to be more inclusive in seeking the community’s opinions and better explain your position.

At their meeting on 27th May the SCS councilors voted to accept the officers recommendation that the whole of the shire be zoned GRZ -http://www.surfcoast.vic.gov.au/My_Council/Agendas_Minutes/Council_Agendas_Minutes Page 40.

Our First Public Meeting

Our first public meeting on the 26th March was attended by the Mayor Rose Hodge and the CEO Steve Wall. We thank them for attending and giving their time out of hours.

There was lively discussion with many issues raised by the audience including:

 What is happening with Bob Pettit Reserve? - The council is still in negotiations with the government and hope to have a resolution to put to the next council meeting in April.

Traffic in Bristol Rd and the intersection with Surfcoast Highway - increased traffic because of Coles; how can it be made more safe? It is proposed that traffic, apart from buses, will not be allowed to turn right out of Bristol Rd into the Surfcoast Highway. As large buses seem to be part of the problem in Bristol Rd, we are not sure this will alleviate the problem.

One member raised concerns about the lack of progress reports from the Surf Coast Shire on topics such as Climate Change and Disability .

Dogs - where they can and can't go at what times - still a controversial subject!

Spring Creek - where to from here? After the decision by the Planning Minister to rezone the 1kl west of Duffields Road to Residential the SCS council has promised that residents will have a say on how the area is developed through a consultation process.

We hope to have more public meetings where residents can ask questions of councilors and council officers about issues that effect them.

Media coverage of Spring Creek decision by Minister Guy

We (3228ra) have had a considerable amount of media coverage since the Minister's decision to intervene in the planning process and rezone 1kl west of Duffields Rd. We had contact with ABC Radio and there was a short piece on ABC TV news (20/3). There was an article in The Age (21/3) and so far there have been 3 articles in the Geelong Advertiser.  In case you missed the articles here are the links -

http://newsstore.theage.com.au/apps/viewDocument.ac?page=1&sy=age&kw=Minister+sparks+sprawl+fears&pb=age&dt=selectRange&dr=week&so=relevance&sf=text&sf=headline&rc=10&rm=200&sp=nrm&clsPage=1&docID=AGE140321E27514FERJP

http://www.geelongadvertiser.com.au/news/geelong/minister-rules-spring-creek-open-for-development/story-fnjuhovy-1226859891260

http://www.geelongadvertiser.com.au/news/geelong/torquay-residents-anger-at-valley-development-goahead/story-fnjuhovy-1226860948201

http://www.geelongadvertiser.com.au/news/torquay-residents-rally-on-spring-creek-plan/story-fnjuhxh0-1226862688541.

Hopefully we can have some involvement in the overall development plan that will be required before development commences.

Andrew Katos replies.....

My Email -

Dear Andrew 
I was disappointed and angered today to learn that Minister Guy has chosen to interfere in the democratic process that usually governs a planning scheme amendment.
His Amendment C095 to the Surf Coast Planning Scheme, which rezones the land 1kl west of Duffields Rd in Torquay to Urban Growth Zone, is against the council resolution to the return the town boundary to Duffields Rd (C66) and more importantly it is against the community’s wishes. In July 2011 he stated that he would listen to the community – he has now reneged.
The most disturbing thing is that as our local State government representative you have ignored the community and have not stood up for or represented our views. Your inaction shows a total disregard and lack of support for the large community of Torquay/ Jan Juc/Bellbrae. I expect they will show you the same lack of support at the upcoming election.
 
We won’t forget.
 
Sue O’Shanassy


REPLY

Dear Sue

I acknowledge your email and note your objection.  However the government has agreed with the independent Planning Panel recommendation to retain the Torquay –Jan Juc settlement boundary at 1km west of Duffields Road.  The land has been zoned within that boundary to give certainty for Council’s future growth plans in Torquay –Jan Juc, not just for expanding outwards, but also for the growth of the town centre and local businesses.

Please be assured that we have also ensured that local planning policy will preserve a permanent green break between Bellbrae and Torquay –Jan Juc. Council can now move forward with long-term strategies to preserve that landscape break in the Spring Creek Valley between the towns.

The Urban Growth Zone requires comprehensive structure planning and takes into account local needs. Densities within this area will be lower than those found in other recent developments such as Armstrong Creek, to ensure that the relaxed lifestyle of Torquay –Jan Juc remains a focus.

kind regards

Andrew

Minister rezones 1kl west of Duffields to Urban Growth Zone

The Minister for Planning has put forward his own Amendment to the SC Planning Scheme which rezones the 1kl west of Duffields Rd to Urban Growth Zone -

C095 The amendment rezones the land from Farming Zone to Urban Growth Zone, and inserts the Urban Growth Zone into the planning scheme ordinance and applies to land generally located one kilometre west of Duffields Road, Torquay (between Grossmans Road and Great Ocean Road).

Link to planning scheme amendment site -http://dsewebapps.dse.vic.gov.au/Shared/ats.nsf/WebViewDisplay?OpenForm&Seq=1&S&South%20Gippsland%3BSouthern%20Grampians%3BStonnington%3BStrathbogie%3BSurf%20Coast%3BSwan%20Hill%3B

I for one will remember the lack of support from Andrew Katos at election time this year.

Letter from the Minister for Local Government

The 3228 Residents Association has received a response to the email we sent on 16/12014 to Andrew Katos and several other politicians including the Premier. A copy of the email -

"Dear Andrew

The government’s intention to sell the Bob Pettit Reserve in Jan Juc which includes tennis courts, extensive playgrounds and a pavilion that is used by the Jan Juc Tennis Club, the Jan Juc Cricket Club, the Jan Juc Playgroup and the wider community as a meeting place has caused a lot of distress and anger in the community. The reserve is also Jan Juc’s only “place of last resort” in the event of bushfire, which is particularly relevant with increasingly extreme weather events such as we are currently experiencing.

On Friday 9th January, a journalist from the Geelong Advertiser rang me, as Secretary of the 3228 Resident’s Association, to ask for comment on the sale of Bob Pettit Reserve. I was shocked to hear that the government was asking the Surf Coast Shire to pay $4 million. I had to tell the journalist that we knew no details of a sale until her phone call. A concerned member did approach our President just after Christmas. A client of the member had told them the land may be sold but had no details.  It is unfortunate that yourself and the government chose not to consult with the stakeholders(the community) and we had to find out about the sale from a journalist.

Since the article was published many people have expressed disbelief that the government (who has just pledged to provide $338 million to upgrade the Melbourne Tennis Centre) intends to sell our tennis courts and associated infrastructure. There has also been some comments that the timing of this process is to take the community’s attention from the very important decision about the C66 Amendment to the Surf Coast Planning. I certainly hope that is not the case.

The Bob Pettit Reserve is vital to the health and wellbeing of the Jan Juc residents, the wider community and for the enjoyment of tourists to our area. We understand that you are heavily involved in the process and expect that our community will not be disadvantaged in any way by the outcome.

Regards"


Coles supermarket update

At its meeting on 22nd October 2013, Council issued a Notice of Decision to Grant a Permit, subject to conditions, to Coles for the new supermarket development in Bristol Rd. There had been several objections to the application in particular about the increased traffic and its effect on residents in Bristol Rd.

The conditions included  -" A design of a treatment to the intersection of Bristol Rd and Geelong Rd to restrict right hand turns into Bristol Rd from Geelong Rd and increase a lane in Bristol Rd at the intersection."

Coles is now taking the Surf Coast Shire to VCAT to have the above condition ( and 2 others)  removed from the permit.

One of our members is a resident of Bristol Rd (in close proximity to the new proposed entry) and has asked to be heard at the VCAT hearing. Mediation is now underway and if a suitable outcome cannot be agreed the matter will proceed to a hearing on March 20th.

Since being granted the permit for the redevelopment Coles has also applied for a permit to use part of their development for the sale of liquor - a Liquorland - which will be able to operate until 11.00pm. The residents feel this will further increase the traffic and associated noise.

Council has long held (since 2006) the view that traffic lights should be installed at Beach Rd and Zeally Bay Rd and the intersection at Bristol Rd should have restrictions on traffic flow by closing the median strip on the Surf Coast Highway. This is opposed by the bus company who says they need to service Torquay Central. The residents feel the buses are a big part of the problem because the street isn't wide enough.

There is no doubt that the intersection of Bristol rd and Surf Coast Highway needs attention, especially with the confusion caused by traffic exiting the petrol station.

What do you think?

 -Should the traffic flow into/out of Bristol Rd be restricted?

-Would closing off the median strip solve the problem?

-Would making Bristol Rd one way solve the problem?

-Would it be safer for the buses to travel down Zeally Bay Rd?

-How many people use the buses to do their shopping?

Send us an email to info@3228ra.org or comment on our FB page.

 

Update on sale of public land at 85 Torquay Blvd Jan Juc

President of 3228RA, Sid Pope, made an oral submission to council on 11th February. There were three other speakers, all objecting to the sale.

Today 3228RA received a letter from Council which states -

"As a result of the submissions received by council pertaining to this matter, Council is seeking further information and will not consider the matter at the February council meeting. Council will keep you informed when this matter is to be considered at a formal Council meeting."

We are also waiting on responses, from the CEO, to concerns about the process by which the prospective sale has been undertaken.

We will keep you informed.