Wednesday, April 10, 2013

maccas update @ 10 april

After an hour and three quarters of submission and debate,
the moment council unanimously refused the application
for a McDonalds in Tecoma. 10/11/10
Here's a summary since my last blog entry on the 20th March, I thought the best way to keep community informed was via my blog so everyone can have access to information.
Before the development starts

There's still a range of information the shire is waiting for to fulfill the permit conditions set down by VCAT. The tribunal members set out a number of different conditions that need to be shown on amended plans, you can find a copy of those conditions here (1.a through to 1.s).

I've had verbal advice that changes to blade signage as detailed in condition 1.j.ii will be amended from McDonalds red. We are still awaiting other information or assessing information supplied to date including the engineering construction plans, parking and traffic management plan, and a range of other information set out in conditions 1a to s.

The Shire hasn't received a Construction Management Plan as yet, but we expect to in the next week or so.

Another thing that needs to happen before the development starts is the consolidation of the property titles for lots 1, 2 & 3 and the carriageway easement (the public access way at the rear of the site) needs to be registered on the title of 1533 Burwood Hwy. This cannot happen until conditions 1.a through to 1.s are met, according to advice it is expected that additional information will be submitted next week.

VicRoads and the Public Transport Authority have approved the detailed functional layout of Burwood Hwy. This is the configuration of the right hand turn into the BP (east bound), the left hand turn into the site (west bound) and the right hand turn into McNicol Rd (east bound), all within the same corridor of road only separated by line marking not traffic islands - a recipe for disaster if you ask me, however as VicRoads have signed off on it and they are the roads authority there is no avenue to overturn this.

Until all the information required prior to the start of the development is provided, no works should commence in order to comply with permit conditions.

I will certainly keep you posted via my blog with how this is progressing.

Demolition of current buildings on site

A demolition permit can be issued by a private Building Surveyor with a copy provided to council. A building permit for demolition must be issued prior to demolition works being carried out. The demolition of the buildings on site can happen at any time and are not linked to any permit conditions so it doesn't matter if the Shire has all the information required or not (as discussed above) as demolition is a separate process.

Matters the private building surveyor must consider before the issue of a permit include:
1. Public safety and protection of the public
2. Protection of adjoining property
3. Section 29A report and consent. This is a planning requirement to prevent demolition of heritage buildings, in this instance none of the buildings on site have heritage protection.
4. Insurance, qualifications, equipment & experience of person carrying out the work.

Documentation must be provided to the relevant building surveyor satisfying the above requirements and describing the scope of work.
Before occupation of the development 
This information and /or actions are required prior to the occupation of the building:
  • An amended landscape plan (condition 6)
  • The landscaping works are completed and maintained
  • An amended Patron Management Plan (condition 10)
  • Odour filters installed
  • Acoustic fences erected along relevant boundaries (condition 20)
  • Subject to the consent of the relevant landowners acoustic fences must be constructed on the boundaries of 1533 (vacant lot) and 1535 (DVD Destination) Burwood Highway (condition 21) - it is unknown at this stage if consent has been given, in the case of 1533 I think that's a given, however I'm not sure of conversations between the applicant and the owners of the DVD Destination and do wonder if they have or will give consent. Why is this important? Failure to construct acoustic fences at 1533 & 1535 constitutes a breach of permit condition. Potentially this will mean an application to amend the permit conditions will be required, but any amendment to the permit can only be done via VCAT.
  • An acoustic consultant report to demonstrate noise from mechanical services equipment complies
  • A Lighting Management Plan
  • A Litter Management Plan
  • Construction of left and right turning lanes in Sandells Rd (at the Burwood Hwy intersection)
Meeting with Planning Minister, Matthew Guy

I have had informal discussions with the Minister about VCAT and the issue of the tribunal not taking into account the number of community objections and the need for policy reform in this area. The McDonalds appeal as well as the
Orrong Rd appeal demonstrate more than any others the failings of the Tribunal in relation to taking into account community objection.

I will be attending a meeting with the Minister to discuss the adequacy of the current planning scheme controls for drive through style convenience restaurants in the Dandenong Ranges.

I will also be discussing Localised Planning Statements, first detailed as part of Liberal Policy in the lead up to the 2010 state elections and restated by the Minister in February 2013. I am interested to explore with the Minister and his department how Localised Planning Statements may assist in informing changes to the planning scheme in the Dandenongs.

As always I'll keep you posted with the outcomes and keep fighting for what we love about the Dandenongs.

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At 7:33 AM, Anonymous Anonymous said...

Thank you, Samantha, for your continuing effort.
Kathleen Bosworth

At 8:31 AM, Anonymous Nicole Gale said...

Thanks for the comprehensive update Samantha ..... Oh dear not good news

At 4:13 PM, Anonymous Judy Wolff said...

I thought I'd posted a comment y'day, saying: Thanks Samantha, for keeping such a close eye on this matter and for meeting with the Planning Minister


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