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Amendment C073 & Planning Permit PA072/2013 – Proposed Supermarket in Castlemaine

Planning Scheme Amendment C073 is a combined planning scheme amendment and planning permit for the development of a supermarket in Castlemaine.

What the amendment does (Amendment C073)

The amendment proposes to rezone the land from Public Use Zone - Service and Utility (PUZ1) and General Residential Zone 1 to the Commercial 1 Zone (C1Z). 98 Forest Street was previously owned by SP Ausnet, and was the site of the former Castlemaine Gasworks. As the site has now been disposed of from SP Ausnet to a private owner, the site should be rezoned to a private zone. 2 Duke Street and 2 & 2A Urquhart Streets consist of three dwellings currently in the General Residential Zone 1.

It is proposed to apply the Design and Development Overlay (DDO) Schedule 14. The DDO has been developed specifically for this site as it is considered a key entrance site to central Castlemaine. The DDO seeks to ensure a high level of design is achieved for such a key entrance site to Castlemaine, and controls articulation, shopfront activity, and design and layout of the site. The DDO will also apply to any future alterations or developments on the site.

What the planning permit is for (PA072/2013)

Council is considering a planning permit at the same time as the amendment, for the development of a supermarket on the site. The proposal is for a 1500m2 supermarket, associated car parking spaces and access requirements. The use of the land for a supermarket is as of right under the Commercial 1 Zone (no permit required), with only the buildings and works requiring a permit and being assessed.

It is not known yet which supermarket will occupy the building. The applicant is a supermarket developer, and once development has been approved, a tenant will be selected. Once a tenant has been selected, a separate planning application will be made for signage.

Accessing information about the amendment or permit

Further information about the amendment can be accessed through amendments online. View the plans and elevations (please note this document is 11MB). A hard copy is available for public inspection at Council's offices at 27 Lyttleton Street, Castlemaine during business hours.

Information available includes:
- amendment documentation
- a copy of the Design and Development Overlay
- plans and elevations for the proposed development
- a copy of the planning submission from the applicant
- a range of background and investigation reports related to the amendment and rezoning.

Should you have any further questions, please contact Council's Strategic Planner, Daniel Borton on 5471 1700. If you are intending on visiting Council offices, we encourage you to call first to ensure a Strategic Planner will be available when you visit.

Lodging a submission

Any person who may be affected by the Amendment or by the granting of the permit may make a submission to the planning authority. Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the Amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make.

Name and contact details of submitters are required for Council to consider submissions and to notify such persons of the opportunity to attend Council meetings and any public hearing held to consider submissions. In accordance with the Planning and Environment Act 1987, Council must make available for inspection a copy of any submissions made.

Submissions can be made by:
-email: info@mountalexander.vic.gov.au (just include C073 submission in the subject line)
-in person: written submissions delivered to 27 Lyttleton Street, Castlemaine
-by post: PO Box 185, Castlemaine VIC 3450.

The closing date for submissions is 5:00pm Monday 9 January 2017. Submissions must be received by the closing date.

Current status and next steps

The amendment is currently on exhibition.

If Council receives submissions which request changes or oppose the amendment or permit, they must either make the requested changes, or refer the amendment to an independent Planning Panel.

Following exhibition closing on 9 January 2017, it is anticipated Council will consider how to progress the amendment at their first Ordinary Meeting in 2017, likely to be held in February.

If referred to a Planning Panel, the Panel will review the amendment and permit, and all submissions to it. The Panel will consider all written submissions and submitters will also have the opportunity to be heard by the panel at their hearing. If a Planning Panel is required, the Directions Hearing will be held in the week commencing 13 March 2017. At the Directions Hearing the Panel will address administrative matters around expectations of the hearing, and provide instructions to parties. Generally these are requests for additional information, and instructions regarding expert witnesses. It expected the actual Panel hearing will start in the week commencing 3 April 2017. The length of the panel will depend on how many submitters wish to be heard and the time they request.

The Panel will issue their report to Council 4-8 weeks after the hearing and the report will become a public document 28 days after this.

Council then needs to consider which of the panel recommendations will be adopted, adopt the amendment, and recommend to the Minister for Planning whether or not to issue the planning permit.

Following this the Minister for Planning will either approve or refuse the amendment and permit.

Frequently Asked Questions

This section will be updated during the exhibition period as enquiries from the public are received.

When will the supermarket be built?
At this stage the development is only proposed. There are still a number of stages for the amendment and permit to go through. Assuming the application meets all the requirements, it is likely to be adopted by Council in the second half of 2017 and submitted to the Minister for Planning for approval.

Once the Minister for Planning has approved the amendment and the permit is issued, the applicant may need to make revisions or have other permit conditions which are required to be met before commencing construction. Once all conditions are met, the applicant can apply for a building permit and commence construction. It is unlikely that construction will start before early-2018.

Doesn't Council need to know which supermarket it will be to assess it?
The use of land for a Supermarket is as of right in the Commercial 1 Zone. The planning permit that Council is considering is only for development of the building. Once it has been built the tenant can change without a planning permit (with the exception of signage). The car parking and access requirements are the same for any brand of supermarket, so the issues Council must consider from a land use perspective do not change.

A planning permit will be required for some signage. On this site the Design and Development Overlay will trigger a planning permit for most signage, however signage in the Commercial Zone is not generally advertised as signage is to be expected.

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