VCAT approves Waterford service station development

A service station in the Waterford Rise residential estate opposed by 30 people, has been approved by the Victorian Civil and Administrative Tribunal.

VCAT has issued a permit to Tag-Waterford Rise Pty Ltd to develop a service station at the entry to Waterford Rise.

Baw Baw Shire Council failed to consider the application within the prescribed time last year but later directed planners to oppose the development at VCAT because of “unacceptable impacts on the surrounding residential area.”

While approving the development, members Bill Sibonis and member Kate Pertenio determined the proposal for a 24-hour service station was “excessive” for a residential area and should only operate from 6am to 11pm.

Council unanimously opposed the development in August last year after receiving 30 objections and a joint submission signed by 80 people.

Concerns raised by objectors included traffic, safety, parking, neighbourhood character, visual amenity, amenity impacts, stormwater and an absence of need.

Council’s opposition to the proposal was based on discouraging proposals for expansion of single use retail, commercial and recreational facilities outside activity centres; and, ensuring out-of-centre proposals were only considered where the proposed use or development was of net benefit to the community.

With reference to the precinct structure plan, council argued the site was not identified as a town centre, or within an existing or future commercial area for the township.

Council acknowledged the service station would provide some convenience shopping to the local community, but the principal focus of the use was sale of petrol which serves a wider catchment.

Town planner representing council, Mr McGurn suggested the service station would be better located in a mixed use, commercial or industrial zone.

However, town planner representing the applicant, Mr Smyth, said given the site’s location between Warragul and Drouin, and the absence of commercial facilities in the vicinity, the proposal would primarily service local community needs as opposed to motorists on the Princes Highway

The VCAT members said they were not persuaded policies which direct commercial development to town centres and those which discourage out-of-centre development provided a basis to refuse a permit.

“The fact that a service station is not a prohibited use in the zone can, arguably, be taken to infer that it can be one of the uses contemplated by the zone purpose.

“It is located at the entry to the estate, rather than within the residential hinterland. It will have convenient access from both the residential street network and the highway. It is an acceptable use in this context.

VCAT members agreed with council’s submission that subject to the reduction in height of the development, the building design was acceptable.

“The canopy above the petrol bowsers is of a simple design with a slender profile and is of an open nature. It is a not a bulky structure. With a height of 5.65 metres, it is not excessive in height and will not present as a dominant element in the context.

“The proposed open space area is modest in size, relative to the land as a whole. Properly landscaped, it can be an attractive space that will enhance the appearance of the site.

“Its location on the Two Towns Trail makes it convenient for use by cyclists and pedestrians. The provision of seating is beneficial.

The development also includes the provision of advertising signs. VCAT said a permit condition would require the advertisement area to be reduced to not more than 10 square metres to address concerns.

Conditions also were included to address noise concerns including acoustic screening; fuel tankers only permitted to deliver between 7am and 10pm; and waste collection only permitted between 7am and 8pm weekdays and 9am and 8pm on weekends.