Planning for Growth - Reports

2.3

Ordinary Meeting - 20 July 2016

1096 CALDER ALTERNATIVE HIGHWAY, LOCKWOOD 3551 DEVELOPMENT OF 2 SHEDS AND THEIR USE FOR THE PURPOSE
OF A STORE (CARAVAN STORAGE)

Document Information
Author

Kahlua Reid, Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Application details:

Development of 2 sheds and their use for the purpose of a

store (caravan storage).

Application No:

DG/791/2015

Applicant:

Craig and Leonie Bassler

Land:

1096 Calder Alternative Highway, LOCKWOOD 3551

Zoning:

Rural Living Zone

Overlays:

There are no overlays applying to the site.

No. of objections:

Consultation
meeting:

A consultation meeting was not undertaken at the applicant's

request.

Key considerations:

Is the proposed use appropriate under the zone?

Is the proposed development appropriate in the area?
Will there be adverse amenity impacts?

Conclusion:

The proposed use of land for a store (caravan storage) is

prohibited under the Rural Living Zone as it is not in
association with the occupation of a resident of a dwelling on
the property.
To quote Victorian Government Using Victorias Planning
Scheme if the applicant insists on the application for a
prohibited use or development being considered, the
responsible authority (Council) must do so. The only decision
the authority can validly make in such a case where the use or
development is prohibited is to refuse to grant a permit.
In this instance the applicant has insisted a decision be made
on the proposal.

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Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2016-2017 Update)
Planning for Growth
Planning ensures residents have access to diverse, affordable and sustainable
housing choices.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Background Information
Application History
A summary of the application history is provided as follows:
Application received on 19 October 2015 for Use and Development of Two Sheds
(associated with existing dwelling).
Advertising was completed on 1 December 2015 no objections received.
Request to amend application received on 22 January 2016 to include Use of Two
Sheds as a Store (caravans).
Ongoing discussion and correspondence with applicant through February and March
about proposal.
New advertising occurred due to change in proposal, completed 18 May 2016.
Four objections received following advertising.
Report
Subject Site and Surrounds
The site is a rectangular shaped allotment located on the eastern side of the Calder
Alternative Highway approximately 180 metres north of the Lockwood Road / Bendigo
Maryborough Road intersection.
The site has a frontage to the highway of 95.55 metres, a depth of 251.46 metres and
has a total area 2.403 hectare.
A dwelling and associated outbuildings are located in the eastern half of the site.
One of the outbuildings is utilised by the owner as a business known as Tuff Covers
which produces canvas and synthetic fabric products (i.e. boat covers).
Access to the site is provided via an unsealed driveway which extends along the
northern boundary from the Calder Alternative Highway.

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A dam is located towards the northern boundary approximately 35 metres north west of
the dwelling.
Fill has been placed at the front of the site.
Scattered native vegetation is evident.

Figure 1 View of site from Calder Alternative Highway

The site is located within an area zoned Rural Living which extends north to Wiegards
Road. Land to the north of Wiegards Road is zoned Farming (refer to Figure 2).

Figure 2 Zone Map

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Nearby properties generally contain dwellings and associated outbuildings and are
utilised for lifestyle purposes. There are also a number of businesses approved to
operate in the area including (but not limited to):
1090 Calder Alternative Highway (adjoining application site to the south) Planning
Permit 130/2006 Dog Training
792 Lockwood Road (adjoining application site to the east) Planning Permit
167/2000 Landscaping Supplies
CA 8 Calder Alternative Highway Planning Permit 637/2011 Use and Development
of Dwelling, Animal Keeping (Cattery), Creation of Access and Advertising Signage
1161 Calder Alternative Highway - Planning Permit 790/2013 Use of Land for Trade
Supplies and Industry on land zoned Farming
These land uses are permissible under their relevant zonings.
The Calder Alternative Highway is a Category 1 Road managed by VicRoads.

Figure 3 Location map showing subject site. Objectors' properties marked with a star.

Proposal
The application seeks planning approval for the development of two sheds and their use
for the purpose of a store (caravan storage).
The sheds are proposed to be located south of the existing dam.
One shed is proposed to run parallel to the southern boundary, while the other will run in
a north western direction, forming an L like shape.
A minimum offset of 4.8 metres will be provided from the southern boundary.
The sheds are proposed to be 30 metres long and 9 metres wide, with a maximum wall
height of 3.6 metres.
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Ordinary Meeting - 20 July 2016

There was discussion about reducing the size of the sheds, however, no formal
amendment was received.

Figure 4 Proposed site plan

While initially the application was to utilise these sheds solely for domestic purposes it
was subsequently amended for the use of a store, with the intention to store other
peoples caravans.
The caravan storage is a business proposition where external parties will bring their
caravans to the site and subsequently collect when required.

Figure 5 Proposed location of one shed

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Figure 6 Proposed location of second shed

Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework
Clause 11.05-1 Regional Settlement Networks
Clause 11.12
Loddon Mallee South Regional Growth
Clause 16.02-1 Rural Residential Development
Municipal Strategic Statement
Clause 21.05

Settlement

Other Provisions
Clause 35.03
Clause 52.29
Clause 65

Rural Living Zone

Land Adjacent to a Road Zone, Category 1
Decision Guidelines

Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral

Comment

VicRoads

No objection subject to conditions

Traffic

No objection

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Referral

Comment

Environmental Health

No objection

Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, four objections were received, with the grounds of objection
being:
Proposed business not in keeping with the zoning of land;
Would set a precedent for operations of this nature in rural living area;
Traffic flow along unsealed driveway next to adjoining dwelling;
Noise impacts;
Movement of traffic from Calder Alternative Highway;
Extent of dirt (fill) on site;
Property devaluation;
The objections are discussed below.
Planning Assessment
Site and Zoning Context
The site and immediately surrounding land is identified as being within the Rural Living
Zone.
The purposes of the Rural Living Zone include:
To provide for residential use in a rural environment.
To provide for agricultural land uses which do not adversely affect the amenity of
surrounding land uses.
To protect and enhance the natural resources, biodiversity and landscape and
heritage values of the area.
To encourage use and development of land based on comprehensive and
sustainable land management practices and infrastructure provision.
The City of Greater Bendigo is committed to protecting and providing opportunity for rural
residential development in the municipality which is encouraged through Clause 21.05
Settlement. Objectives of Clause 21.05 Settlement include to provide alternative
residential options to those offered in the urban areas of Bendigo and to recognise that
rural living patterns of settlement are a legitimate and important aspect of settlement in
the municipality.
The purpose of the zone does not include the encouragement of commercial enterprises.
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While it is permissible for some commercial operations (i.e. community market, plant
nursery, primary produce sales etc.) to occur under the Rural Living Zone (subject to
planning approval) the use of land for a store in the manner proposed by this application
is not allowed (prohibited).
Land Use
The application proposes to use the sheds as a store (caravan storage).
Under the Greater Bendigo Planning Scheme the use of land for a store is defined as
land used to store goods, machinery or vehicles.
The Rural Living Zone identifies the use of land for a store is a Section 2 Use (permit
required) subject to satisfying the following condition 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.
Lindsay Pty Ltd v Benalla Rural CC [2005] VCAT 708 (11 April 2005) stated because a
use is a Section 2 does not imply that a permit should or will be granted. The responsible
authority must decide whether the proposal will produce acceptable outcomes in terms of
the State Planning Policy Framework, Local Planning Policy Framework, the purpose
and decision guidelines of the zone and any other decision guidelines in Clause 65.
Based on the information provided the proposal does not satisfy the condition of the
zone, as the store is not associated within the occupation of a resident of the dwelling.
Manningham CC v Treefern Nominees Pty Ltd (Beasleys) [2008] VCAT 1105 (17 June
2008) supports this conclusion in paragraph 81 which states Furthermore, the second
part of the condition requires goods being stored to be used in conjunction with the
occupation of a resident of a dwelling on the lot. Thirty to thirty-five caravans owned by
other people and accommodated on the land, whether gratis or for payment hardly meet
that requirement.
The City of Greater Bendigo therefore has determined this use of the land is prohibited
and therefore an application must be refused.
In addition, the proposal is not considered to be in keeping with the purposes of the zone
which have previously been discussed in this report.
A number of objectors have also raised concern about the proposed use in regards to
amenity impacts.
These potential impacts are acknowledged, however, given that the use is prohibited for
the above reasons no further discussion regarding these matters is necessary.
The applicant did undertake discussions about amending the proposal for a third time
back to domestic purposes, however, no formal amendment was received and there was
no evidence the sheds would be utilised in this manner. The applicant has confirmed in
writing it is their intention to operate the business from the property.

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Development
Two sheds are proposed to be constructed on the site near the southern boundary.
There are already a number of sheds established on the property and therefore it is
questionable about the need for an additional two sheds of this size and scale.
The applicant was prepared to reduce the size of the sheds and indicated there were
domestic items (i.e. tractor, horse float) that were intended to be stored.
The siting of the sheds is generally considered acceptable.
No objections were received to the development of the sheds.
As the application is a combined use and development proposal the application needs to
be considered as a whole.
Although it may be reasonable for additional shedding to be provided on the site for
domestic purposes, based on evidence available there is concern that additional
shedding would not be utilised in this manner.
Other Matters
Two trees have been removed from the application site where the two sheds were
proposed to be located (refer to Figures 3, 4, 5 and 6).
Having inspected the site and noting the scattered native vegetation which is evident it is
considered possible these two trees were native and therefore would have required
planning approval for removal. As the vegetation was removed prior to an onsite
inspection no further action is proposed to be taken regarding this matter as it cannot be
proven the vegetation was native.
Conclusion
The decision to be made is not a consideration of the specific detail of the application nor
what has occurred in the area historically.
This is an application where the use is prohibited due to the proposal not satisfying a
condition in the Rural Living Zone which requires the use of land for a store to be in
conjunction with the occupation of a resident of the dwelling.
Therefore no planning permit can be granted.
The applicant may elect to appeal this position at VCAT.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

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In order to justify granting a permit, Council would need to be satisfied that the use is not
prohibited. The question of whether the use is prohibited is a matter of judgement having
regard to the relevant facts. The opinion expressed in this report is that the use is clearly
prohibited and that no permit should be granted.

RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to Refuse to Grant a Permit for the development of two sheds and
their use for the purpose of a store (caravan storage) at 1096 Calder Alternative
Highway, LOCKWOOD 3551 for the following reasons:
1. The use of the land for a store (caravan storage) is prohibited under the Rural Living
Zone.
2. The proposal is inconsistent with the purposes of the zone.

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