Cowes' McDonalds ticks all the boxes according to shire report

THE Bass Coast Shire Council will decide on the application for a McDonalds Restaurant on Phillip Island at its council meeting this Wednesday, October 21.

And they are being presented with an officer’s report that recommends the project go ahead.

Here’s the recommended motion for councillors to vote on at the meeting, that has been included in the shire’s agenda for the meeting:

“That Council issue a Notice of Decision to Grant a Planning Permit subject to conditions outlined in the Officer Recommendation section of this report.”

It doesn't mean councillors can't move their own amendment to refuse but the officers' report certainly strengthens the applicant's hand if it ultimately does go to VCAT.

According to the officers' report, the proposal is recommended for support for the following reasons:

• It is consistent with the relevant planning policy in the Municipal Planning Strategy and Planning Policy Framework, concerned with settlement, environmental and landscape values, environmental risks and amenity, built environment and heritage, economic development, transport and infrastructure of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 32.08 (General Residential Zone – Schedule 1) of the Bass Coast Planning Scheme.
• It accords with the purpose, statement of nature and significant vegetation to be protected, objectives and decision guidelines of Clause 42.02 (Vegetation Protection Overlay – Schedule 2) of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 52.02 (Easements, Restrictions and Reserves) of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 52.05 (Signs) of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 52.06 (Car Parking) of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 52.17 (Native Vegetation) of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 52.34 (Bicycle Facilities) of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 52.37 (Canopy Trees) of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 53.04 (Convenience Restaurant and Take-away Food Premises) of the Bass Coast Planning Scheme.
• It accords with the purpose and decision guidelines of Clause 53.18 (Stormwater Management in Urban Development) of the Bass Coast Planning Scheme.
• It accords with the decision guidelines of Clause 65.01 (Approval of an application or plan) of the Bass Coast Planning Scheme.
• It provides an orderly and appropriate use and development outcome for the subject site.
• It is consistent with the objectives of planning in Victoria, as specified in Section 4 of the Planning and Environment Act 1987.

The following were the main considerations that formed part of council's assessment of this application:

• The proposed use and development’s appropriateness to the General Residential Zone and the site’s context.
• Vegetation removal.
• The display of advertising signage.
• The provision of car parking and access.
• Orderly planning.

About creating a new easement

The report from the shire’s planning department says this about a key issue identified by objectors, that of creating a new easement through to the petrol station, on commercially zoned land at 157 Thompson Avenue:

“The purpose of Clause 52.02 is: To enable the removal and variation of an easement or restrictions to enable a use or development that complies with the planning scheme after the interests of affected people are considered.”

The comments from the council officer are as follow:

“The proposal seeks to create an easement.

“The decision guidelines at Clause 52.02 require the decision maker to consider the interests of affected people.

“In this instance, the affected parties are the Service Station site (as the land burdened) and the McDonalds site (as the land benefited). In this instance, the notice of the application acts as the measure to consider if the above affected parties take issue with the creation of the easement. In this instance, there is no objection from the parties. This satisfies the provision.”

The council report also says:

“The subject site has access to a road in the Transport Zone 2 (i.e. Thompson Avenue) via proposed carriageway easement over neighbouring land (direct access) and via Settlement Road (not direct access), which provides good accessibility to the site and the wider road network.”