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Revision 2 TOWN PLANNING ASSESSMENT KAUFLAND SUPERMARKET NETWORK VICTORIAN ENTRY PROPOSAL PART FOUR 1126-1146 CENTRE ROAD, OAKLEIGH SOUTH

TOWN PLANNING ASSESSMENT KAUFLAND SUPERMARKET …€¦ · The land directly north of the Site is used as a golf course, which is heavily landscaped along its south boundary with substantial

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Page 1: TOWN PLANNING ASSESSMENT KAUFLAND SUPERMARKET …€¦ · The land directly north of the Site is used as a golf course, which is heavily landscaped along its south boundary with substantial

Revision 2

TOWN PLANNING ASSESSMENT

KAUFLAND SUPERMARKET NETWORK – VICTORIAN ENTRY PROPOSAL

PART FOUR – 1126-1146 CENTRE ROAD, OAKLEIGH SOUTH

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Table of Contents

Part Four – 1126-1146 Centre Road, Oakleigh South .......................................................... 3

1 Local strategic context .................................................................................................... 3

2 Urban context .................................................................................................................... 4 2.1 The Subject Site .......................................................................................................................... 4 2.2 Site interfaces .............................................................................................................................. 6 2.3 Key contextual cues .................................................................................................................... 8

3 Proposal ............................................................................................................................ 10 3.1 Proposed changes to the Kingston Planning Scheme ........................................................ 10 3.2 Proposed use and development ............................................................................................. 10 3.3 Kaufland store layout and built form ....................................................................................... 10

4 Planning policy context ................................................................................................. 12 4.1 Plan Melbourne & State Planning Policy Framework .......................................................... 12 4.2 Planning for the Monash National Employment and Innovation Cluster ........................... 12 4.3 Local Planning Policy Framework (LPPF) ............................................................................. 14 4.4 Current planning controls ......................................................................................................... 15

5 Planning merits ............................................................................................................... 16 5.1 Key planning considerations .................................................................................................... 16 5.2 Consideration against the Strategic Assessment Guidelines ............................................. 16 5.3 Is the proposal supported by strategic policy directives? .................................................... 20 5.4 Consistency with zone, overlay controls and other provisions ........................................... 21 5.5 Are acceptable built form, urban design, & streetscape outcomes achieved? ................ 22 5.6 Will the development be adequately serviced and accessible? ......................................... 23

6 Conclusion ....................................................................................................................... 25 6.1 Net community benefit .............................................................................................................. 25 6.2 State level planning objectives ................................................................................................ 25 6.3 Proposed planning framework & approval mechanism ....................................................... 25 6.4 Proposed use and built form .................................................................................................... 26

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Part Four – 1126-1146 Centre Road, Oakleigh South

1 Local strategic context

The Subject Site at 1126-1146 Centre Road, Oakleigh South is located within the boundaries of Kingston

City Council.

This is a strategic location sitting at the edge of the state significant Monash National Employment and

Innovation Cluster, which Plan Melbourne proposes as an area as a focus for investment and growth that

will provide a major contribution to the Victorian economy.

Site Context. Source: www.street directory.com.au

The site itself has already previously been used for another large format retail use (a ‘Bunnings

Warehouse’), and this proposal provides an opportunity to consolidate this site in a way that provides greater

local amenity and servicing at a neighbourhood level with a Kaufland store, as well as substantially

contributing to the objectives for the employment cluster through the intended siting of Kaufland’s national

headquarters for its Australian operations (subject to a later / future approval).

The Site is located in an Industrial 1 Zone (IN1Z) and is not affected by any overlays. It forms part of a

broader industrial precinct that is bounded by Centre Road to the north, Clarinda Road to the east, Bunney

Road to the south and Jacks Road and Carroll Road to the west, as shown in Figure 1 below.

This industrial area consists of a range of industrial and commercial uses including large format office and

warehouse buildings and some smaller manufacturing, warehouse and distribution buildings.

There is a range of public transport options, that operate along the sites Centre Road frontage being:

▪ Bus Route 703 – Middle Brighton – Blackburn, via Mt Clayton, Huntingdale.

▪ Bus Route 733 – Oakleigh – Box Hill, via Clayton, Monash University, Mt Waverley.

Subject Site

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Extract of Local Area Map, Mornington Source: Public Transport Victoria

2 Urban context

2.1 The Subject Site

The Subject Site is located on the south side of Centre Road, near its intersection with Clarinda Road and

Huntingdale Road. The Site has two street frontages, with Centre Road being the primary street frontage

and Clarinda Road the secondary street frontage. The Site is currently occupied by Bunnings Warehouse,

which consists of a large-format warehouse building that covers nearly half of the Site and is surrounded by

an open car park for customer and staff parking. A number of large trees are scattered throughout the Site,

with more substantial planting located within the front setbacks along the two street frontages.

The Site has two vehicle access points, with the main entrance from Centre Road, and the secondary

entrance from Clarinda Road. Both entrances allow both left hand and right hand turns into / out of the Site.

The main customer car park is located to the east of the building, with a secondary car park to the rear of

the building at the most southern end of the Site.

A separate crossover and accessway has been provided for deliveries to Bunnings and is provided from

Centre Road along the western boundary. The loading bay is located in the south-west corner of the

building.

Subject Site

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Subject site Source: Nearmap

Entrance to the Site from Centre Road Clarinda Road entrance

Service road entrance (from Centre Rd) Car park at the rear of the Site (south)

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2.2 Site interfaces

2.2.1 North

The land directly north of the Site is used as a golf course, which is heavily landscaped along its south

boundary with substantial trees, shrubs and associated fencing. The land to the west of the golf course is

occupied by residential uses, with single dwellings the predominant housing type and some multi-dwelling

developments also evident. The land on the north east corner to Huntingdale Road and Centre Road is

occupied by a 4 storey apartment building.

2.2.2 East

The land to the east of the Site across Clarinda Road predominantly consists of residential uses, with the

prevailing housing type being single dwellings. On the south side of Centre Road on the other side of

Clarinda Road the two adjoining sides are contained within the Commercial 1 Zone (C1Z), with the south-

west corner containing a single storey dwelling, which appears to be abandoned, and the south-east corner

containing a 7 Eleven petrol station.

The Clarinda Primary School, tennis club and Presbyterian Church is located further east of the residential

area, along Centre Road.

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2.2.3 South

The land immediately to the south of the Site consists of an existing “business park” with medium-sized

tenancies that house the head offices and storage base for a number of small businesses, such as Simply

Spanish. Further south of the Site is the Clarinda electrical substation.

2.2.4 West

The land to the west of the Site is occupied by a Stocklands Industrial Park. This consists of a number of

large office/warehouse buildings which contain car parking within the front setback of the Site. The uses

within this industrial park including display suite / retail (Matt Blatt), logistics / distribution (Star Track) and a

number of other storage, office and restricted retail uses.

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2.2.5 Emerging Context

The following changes in the area contribute to the emerging context of the surrounding area:

▪ Kingston Amendment C126 – rezones land to the east of the Site (along Centre Road) from IN1Z to

General Residential Zone (GRZ) and Mixed Use Zone (MUZ). This demonstrates that there is a shift

in the broader area for redundant industrial land to be rezoned to allow mixed-use and residential

developments.

▪ A number of developments have been approved and constructed in the surrounding area, which

includes a 4 storey apartment development on the corner of Centre Road and Clarinda Road. This

also demonstrates the increase in residential population and density that is occurring in the surrounding

community.

▪ More significantly, the relatively recent identification of the Monash National Employment and

Innovation Cluster and associated planning elevates the strategic significance in terms of the role and

opportunity that the site affords.

2.2.6 Accessibility

The GTA report provides an overview of the transport access and movement in and around the Site.

▪ The Site has its access from Centre Road to the North and Clarinda Road to the east, both of which

are roads controlled by VicRoads (Road Zone Category 1).

▪ The existing customer entrances / exits from Centre Road and Clarinda Road as well as the existing

service entry / exit are not proposed to be altered as part of this development. However, a new service

road is proposed from Clarinda Road.

▪ A bus stop is located in front of the Site on the Centre Road frontage.

2.3 Key contextual cues

The key contextual elements that have been taken into account and informed the preparation of the design

response include:

▪ The Site is located in an industrial zone, but is surrounded by a range of different zones, including

residential, commercial and special use zones. The zoning characterises the diverse land uses in

immediate area which is suggestive that this site has the capacity to be used for an alternative

appropriate use that the historic INZ1 provides for.

▪ The Site is on the edge of the existing industrial precinct. This location is beneficial in terms of exposure

and also as it will ensure no unreasonable impacts on the existing industrial uses.

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▪ The Site benefits from its existing vehicle access arrangements, including slip lanes which allow multi-

directional access to both frontages.

▪ There is an existing car park on site which provides appropriate provision, configuration and design in

connection with the existing land use.

▪ There is existing, established landscape buffer around the periphery of the Site, which contributes to

softening the appearance of the car park and building on the Site.

▪ The existing Bunnings Warehouse land use on the Site already provides an alternative use to that

traditionally seen in industrial zones, particularly in relation to the operation of the business, which more

so trades as a retail use as opposed to a typical industrial land use.

▪ The industrial land uses that immediately surround the site have similar design features to the subject

site, including car parking within the front setback and large format ‘warehouse’ or retail buildings.

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3 Proposal

The land use of ‘shop’ is prohibited under the IN1Z. This includes land used for a supermarket, hence a

Planning Scheme Amendment is proposed to facilitate the proposed use via an incorporated document.

3.1 Proposed changes to the Kingston Planning Scheme

This proposal will seek to amend the following clauses of the Kingston Planning Scheme:

▪ Schedule to clause 52.03 (Specific site exclusions):

- Update the schedule to include reference to a proposed incorporated document comprising site

specific controls to allow the proposed use and development subject to appropriate conditions.

▪ Schedule to clause 81.01 (Incorporated documents):

- Update the schedule to include reference to the proposed incorporated document and associated

Planning Scheme Amendment.

3.2 Proposed use and development

3.2.1 Proposed Kaufland Store

The proposed Kaufland store comprises the following elements;

▪ Use and development of the site for a 6,907sqm building containing the following, inter alia:

- 3,610sqm of supermarket floor area.

- 354sqm bottle shop.

- 278sqm food hall and 136sqm outdoor area.

- Associated inhouse facilities including 1,404sqm back of house facilities, 169sqm services,

307sqm of administration.

- Loading area.

- Associated signage (refer details below).

- 36 bicycle spaces (comprising 22 staff spaces and 14 customer spaces).

▪ Reconfiguration of the existing car park to provide a total of 414 car parking spaces including:

- 384 standard spaces.

- 10 accessible spaces.

- 14 family spaces.

- 6 senior spaces.

The Kaufland store will involve employment generation in the order of 80-100 ongoing jobs.

3.2.2 Proposed future Kaufland Australia national headquarters

Indicative details of the future Kaufland office development are notated on the architectural plans for

information. The office development will be subject to a later / future approval.

3.3 Kaufland store layout and built form

The proposed development adopts a built form and scale that is generally reflective of the previous

Bunning’s store on Site and the adjacent medium and large-scale warehouse buildings.

The building will be single storey building with a predominant height in the order of 8-9 metres, with a

maximum height of 11m to the feature parapet at the north east corner of the building..

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The proposed store is oriented with its primary frontage addressing Centre Road. The presentation is one

of a contemporary, supermarket building articulated with a range of materials and finishes. The proposed

materials include feature cladding, FC sheet cladding, metal deck roofing and clear double-glazed glass.

Solar panels are proposed to be provided on the roof.

The customer entrance to the building is proposed in the north east corner of the building, with the retail

tenancies located along the northern frontage of the building. The front of house building interfaces are

treated with a combination of footpath areas, canopy treatments and public realm and landscaping

treatments.

The existing car park area is generally proposed to be retained, with changes proposed to the layout and

design of the car park. The car park design includes landscaping, generous means of circulation and parking

areas, and dedicated footpaths and crossing points for pedestrians. The car park is located in the Centre

Road and Clarinda Road frontages and is provided with direct dedicated access from both these roads.

The back of house area and loading bay is located to the south side of the building. Separated service

access to the loading area will be provided by the existing accessway from Centre Road, along the west

side of the Site.

Surplus land areas toward the rear of the site (as marked on the plans for information) presents a future

development opportunity for the Kaufland offices which will be subject to further design development and

later / future approval.

A number of signs are proposed within the Site as detailed and located on the architectural plans and

described as follows:

▪ Internally illuminated logo signage: Entry logo sign 1a (5m x 5m), typical logo sign 1b (5m x 5m),typical

logo sign 1c (4m x 4m) and typical logo sign 1d (3m x 3m).

▪ Billboard signage lit by linear LED lighting from brackets above: 5.01m x 3.51m.

▪ Internally illuminated tenancy signage: 10m x 1.3m.

▪ Pylon sign type 1: 8m (h) x 2-2.4m (w).

▪ Pylon sign type 2 (pole sign): 22m (h) with a sign 5m x 5m and tenany signage 5m x 1.3m.

▪ Trolley enclosure signage / graphic treatment.

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4 Planning policy context

4.1 Plan Melbourne & State Planning Policy Framework

The proposal is broadly supported by Plan Melbourne and state level planning policy directives having

regard to those elements of policy as summarised in Part One to this report.

4.2 Planning for the Monash National Employment and Innovation Cluster

Plan Melbourne nominates the Monash National Employment and Innovation Cluster (NEIC) as a key

location and strategy for achieving the goal of creating jobs closer to where people live.

It recognises that each cluster will need a high level of amenity to attract workers and be investment-ready

to attract new firms. Plan Melbourne states that the Monash cluster has the potential to attract a broader

range of businesses including office and retail and is the largest existing cluster outside the CBD with circa

75,000 jobs.

The national employment clusters are a major strategic focus for Plan Melbourne and the VPA has prepared

a draft framework plan for the Monash cluster.

The framework plan intentionally does not seek to define boundaries for the cluster noting its ability to grow

and evolve and given the planned doubling of existing jobs in the area. It does however focus on a 10km

radius of connectivity.

The subject site is notionally located at the edge of the cluster and in good proximity to some of the key sites

identified within the cluster including Huntingdale Activity Centre (approx. 1.6km) and Clayton Activity Centre

(approx. 1.8km).

It recognises precincts such as underutilised industrial land offer opportunities for urban renewal, and also

nominates a series of large scale (e.g. 30ha-100ha) strategic sites or precincts that have come to the end

of the post-war manufacturing economy and are available for re-investment with a particular focus on

economic and social participation through development of ongoing local employment opportunities.

Centre Road is nominated as a focal point for intensification and high capacity public transport.

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The Monash National Employment and Innovation Cluster Framework Plan (source: Figure 2, Monash Draft

Framework Plan, VPA, March 2017).

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4.3 Local Planning Policy Framework (LPPF)

Parts of the Kingston LPPF appear to be significantly outdated, and the local policy framework is presently

under review.

4.3.1 Current local planning policy

Relevant clauses of the existing MSS include:

▪ Clause 21.02 places a focus on the significant role Kingston plays as a location for business and a

generator of employment.

▪ Clause 21.03 recognises the challenges for the municipalities older industrial areas which are in need

of revitalisation and investment if they are to remain viable. A focus is placed on prioritising activity

centres as being preferable locations for retail investment – in order to achieve metropolitan planning

objectives.

▪ Clause 21.06 recognises that new investment in supermarkets is required, yet also seeks to discourage

additional out-of-centre development following the establishment of a series of large format centres

emerging outside Kingston’s recognised activity centres. It nominates key issues as being consolidating

retailing activity within centres, the need to limit restricted retailing activity “to the consolidation of

existing restricted retailing precincts” and ensuring new “office development provides sufficient

differentiation to further diversify Kingston’s employment base”.

▪ Clause 21.07 contains policy that appears to be based on a reference document dated from 1997

(Kingston Industrial Development Strategy 1997). It generally seeks to protect industrial land from non-

industrial encroachments and includes a strategy to “protect industrial land from inappropriate rezoning

and encourage retail and office uses to locate in appropriate business zones, except where such uses

form part of an integrated development plan for industrial estates.” It also includes a strategy to

“redevelop smaller pockets of industrial land located within residential areas for innovative residential

or mixed use development, taking into account local environmental and amenity issues”.

There are no current relevant local planning policies aside from clause 22.15. This policy outlines objectives

for outdoor signage that is appropriate in size, appearance and character for the associated land use and

surrounding context, and seeks to ensure that commercial businesses are able to adequately identify their

premises and promote the goods and services they offer.

4.3.2 Amendment C132 – Kingston Planning Scheme Review

The C132 explanatory report advises this is essentially a policy neutral updating of the Kingston MSS and

local planning policies. It also advises the updating of the LPPF was based on a review of the Kingston

Planning Scheme undertaken in 2012.

At the time of writing the proposed updated LPPF has been adopted by Council and is being considered by

the Minister for Planning for approval and gazettal. There has been no independent review of the proposed

Amendment by a planning panel.

The proposed updated LPPF;

▪ Continues to place a focus on the existing activity centre hierarchy at proposed clause 21.02, including

to “consolidate new retail use within the boundaries of existing activity centres”.

▪ Updates retail policy at proposed clause 21.08 to recognise that retail trade is a significant employment

creator in Kingston and is fundamentally important to the economic wellbeing of the community

▪ Includes a new proposed policy provision at clause 21.08 which seeks to “avoid establishing traditional

retail floor spaces within identified restricted retail precincts”.

▪ Includes a new provision at clause 21.08-2 related to industry recognising that “the nature of the City’s

employment base is changing with a rise in the number of high skilled jobs. With limited stock of

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greenfield industrial land, the re-use and redevelopment of older sites will become more important as

employment creators in the future.”

▪ Includes a new objective 5 (at clause 21.08-2) to promote high skill, high wage jobs for Kingston

residents including a strategy to “ensure that employment outcomes are an integral part of any

proposed rezoning of industrial land”.

▪ Retains the 1997 Kingston Industrial Strategy as a reference document.

4.4 Current planning controls

The subject land is presently included in the Industrial 1 Zone. The proposed use and development will also

need to be considered against the following particular provisions:

▪ Clause 52.05 Signage: A permit is required for the proposed signage due to the size of signage

(classified major promotion signs). An industrial area is designated as a minimum limitation area under

this clause.

▪ Clause 52.27 Licensed Premises: A permit is required to use land to sell liquor.

▪ Clause 52.29 Land Adjacent to a Road Zone Category 1: a permit is required to create or alter access.

A permit is not required under the following planning scheme provisions:

▪ Clause 52.06 Car parking: The car parking provided on the Site exceeds the statutory car parking rates

in Clause 52.06-5 for a ‘supermarket’ and ‘shop’ and do not require a permit.

▪ Clause 52.34 Bicycle Facilities: The bicycle parking and end of trip facilities required by clause 52.34-

3 and Clause 52.34-4 are provided on the Site and do not require a permit.

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5 Planning merits

This section of the report provides an objective assessment of the planning merits of the proposal.

Cl 10.04 of the Kingston Planning Scheme (Integrated decision making and decision guidelines) provides

that “Planning authorities and responsible authorities should endeavour to integrate the range of policies

relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit

and sustainable development for the benefit of present and future generations” (emphasis added).

Ultimately, when considering applications, as set out at clause 65, “the responsible authority must decide

whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause”

(emphasis added).

5.1 Key planning considerations

Based on review of the urban context and the statutory planning context, the key planning considerations

for this proposal are set out and addressed in turn below.

▪ Consideration of the proposed Amendment against the strategic assessment guidelines – see Practice

Note 46

▪ Is the proposal supported by and aligned to strategic policy objectives?

▪ Is the proposal consistent with the zone, overlay and other provisions?

▪ Are acceptable built form, urban design, and streetscape outcomes achieved?

▪ Will the development be adequately serviced and accessible?

▪ Does the project provide net community benefit?

5.2 Consideration against the Strategic Assessment Guidelines

Given the proposal for a ‘site specific’ exclusion would otherwise require a review of the current zoning,

consideration against the Strategic Assessment Guidelines for evaluating planning scheme amendments is

warranted, in line with Planning Practice Note 46 (PPN46). A review against the criteria suggested in PPN46

is set out below.

1. Why is an amendment required?

An Amendment is required to facilitate development of the subject land for the use of a supermarket with

associated retail uses. The proposal could not be facilitated through the usual processes available and the

proposed Amendment will enable the coordinated consideration, approval and delivery on this site as part

of the broader Victorian entry proposal.

In line with PPN46 the Amendment will result in net community benefit and a good planning outcome based

on assessment contained in this report, the economic assessment prepared by Dimasi and Co, and

supporting access and acoustic studies.

2. Does the amendment implement the objectives of planning and address any environmental,

social and economic effects?

The amendment assists in the implementation of the following objectives set out at Section 4 (1) of the

Planning and Environment Act 1987 (the Act):

▪ To provide for the fair, orderly, economic and sustainable use and development of land;

▪ To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians

and visitors to Victoria.

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▪ To balance the present and future interests of all Victorians.

The Amendment seeks to achieve the objectives listed above by allowing land uses that would otherwise

be prohibited, to occur on the land. Given the mixed nature of the zoning to the surrounding land, the

proposed Kaufland Supermarket and associated retail uses would complement the residential nature of the

surrounding area and would positively contribute to the fair, orderly, economic and sustainable use and

development of the land. The proposed land use would not only generate local employment and economic

benefits, but it would also provide a local shopping amenity option within walking distance of the surrounding

residents and workforce. The proposal would provide an appropriate transition between the more intensive

industrial uses within the centre of the precinct and the sensitive residential uses to the north and east of

the site, which would positively contribute to the fair and orderly planning of the area.

The intent to site Kaufland’s national headquarters in this location is also aligned to metropolitan strategic

objectives associated with the Monash National Employment and Innovation Cluster and subject to a future

approval would provide improved access to high value, high skilled jobs.

The expected improvements to access and movement within the site, and the retention of the existing

landscaped character will create a secure, pleasant and safe place for the community to live and work.

Given that the population within Kingston Council and within the nearby area is increasing, the provision of

such facilities will play an increasingly important role in providing for the present and future interests of the

community, which would not adversely impact on the performance of the existing industrial precinct

particularly noting the existing large format retail presence on site.

3. Does the amendment address relevant bushfire risk?

This area is not prone to bushfire risk and bushfire planning provisions are not likely to be relevant.

4. Does the Amendment comply with all the relevant Minister’s Directions?

Ministerial Direction No.1 Potentially Contaminated Land

Environmental site investigations have been undertaken by Cardno and the Amendment, which does not

seek to facilitate any sensitive uses, complies with this direction.

Ministerial Direction No. 9 Metropolitan Planning Strategy

The Amendment has been prepared with regard to Ministerial Direction No. 9 – Metropolitan Strategy and

is highly consistent with Plan Melbourne as discussed in part one of this report and with respect to particular

objectives for employment generation in and around the Monash NEIC.

Ministerial Direction on the form and content of Planning Schemes

The Amendment will comply with the Ministerial Direction on the form and content of Planning Schemes.

5. Does the amendment support or implement the State Planning Policy Framework?

The proposed amendment will support the relevant objectives of the State Planning Policy Framework (the

SPPF). The Amendment will assist in achieving objectives in relation to the following clauses:

Clause 11 - Settlement:

Clause 11 provides strategic guidance for responding to the needs of existing and future communities

through the provision of appropriately zoned and serviced land for commercial, retail, and industrial uses,

among other considerations.

In addition, clause 11.06 seeks to attract investment and create jobs. The Amendment supports clause 11

by providing strategic direction at a local level to facilitate a commercial development, which complements

the mix of land uses in the surrounding area and will also meet the current and future needs of the local

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community through creating jobs and investment in the area, in addition to convenient access to daily

shopping needs.

Clause 13 – Environmental Risk:

Clause 13 seeks to ensure that potentially contaminated land is suitable for its intended future use and

development and is used safely. As demonstrated in the Preliminary Site Investigation prepared by Cardno

Victoria Pty Ltd there is a low contamination risk for the proposed Kaufland supermarket development

(including retail and office), and that the proposed commercial land uses would not be precluded, and any

contamination issues can be appropriately managed.

Clause 15 – Built Environment and Heritage:

Clause 15 seeks to create urban environments that are safe, functional and provide a sense of place whilst

minimising detrimental impact on neighbouring properties. The Amendment supports this clause by

providing a building design and site layout that appropriately responds to the sensitive residential interfaces

to the north and east, maintains the landscaped character on site and is consistent with the character of

industrial and commercial development in the area.

In addition, the development will be designed to provide functional and safe vehicle and pedestrian

movement.

Clause 17 – Economic Development:

Clause 17 encourages development which meets the communities needs for retail, office and other

commercial services. It also seeks to ensure the availability of land for industry and seeks to avoid out-of-

centre development for single use unless there is a net community benefit, which has been demonstrated

through the work undertaken by Dimasi and Co.

Further, the Kaufland store itself is a multi-use proposition containing a broad range of goods and a mixture

of retail tenants.

Due to the existing large format retail use the Amendment will not result in the loss of available industrial

land.

The proposed Supermarket development will provide convenient retail amenity essential provisions for local

residents and workers. This is considered to be a positive outcome for the local area and will positively

contribute to the viability of the existing industrial precinct through investment and providing complementary

land uses.

6. How does the amendment support or implement the LPPF and specifically the MSS?

Consistency with the Kingston LPPF needs to be considered in context of the LPPF being under review, not

having been tested by Panel, and with some relevant elements being based on outdated policy work

requiring further review, such as the 1997 Industrial Strategy.

Notwithstanding, the existing and proposed policy frameworks consistently place a focus on limiting out of

centre retailing, going further than the SPPF which seeks to manage out of centre development.

Existing policy recognises that older industrial pockets are in need of revitalisation and investment, and

seeks to consolidate out of centre development in existing restricted retailing precincts, and ensuring new

office development diversifies Kingston’s employment base. The proposed Amendment supports these

aspects of policy noting the site is already an out-of-centre location.

The local policy objective at clause 21.08 to consolidate new retail within the boundaries of existing activity

centres needs to be considered in the context of the following key factors;

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▪ Consistency with the above aspects of the LPPF.

▪ The SPPF which seeks to manage single use out-of-centre development and Plan Melbourne and its

implementation plan which include recognition of the challenges for new retail formats to obtain a

foothold in centres.

▪ The challenges associated with sourcing a 25,000sq.m site in existing activity centres.

▪ The site location which is already used for large format retail use and hence does not constitute a loss

of industrial land notwithstanding it is not clear that updated strategic planning has been undertaken

for understanding Kingston’s industrial area requirements.

▪ The multi-use nature of the proposal which will support Kingston’s employment base. The future

proofing of the design which enables a later / future approval for Kaufland’s intended office development

provides a further opportunity to implement state level policy with respect to the Monash National

Employment and Innovation Cluster.

▪ The demonstrable net community benefit that the proposal will deliver.

Having regard to the existing and proposed elements of the LPPF and the above factors, on balance the

benefits of the proposed Amendment are considered to outweigh any disbenefits associated with not

locating within an existing centre. As such in an overall and strategic sense, the Amendment is aligned to

the orderly planning of Kingston, and is considered to be supporting of the MSS vision for city strategy and

economic development which is “to provide strategic leadership for the City and to facilitate strategic land

use, sustainable economic development and job creation within a framework of concern for environmental

and social implications”.

Aligned to this vision the proposal is expected to generate between 80-100 jobs on site associated with the

Kaufland store.

7. Does the amendment make proper use of the Victoria Planning Provisions?

The proposal makes proper use of the Victoria Planning Provisions.

The proposal is consistent with Planning Practice Note 13 (Incorporated and Reference Documents, June

2015), which states that a document must be incorporated if … “the document is necessary to determine

the extent of a planning control”.

Other than updating the relevant schedules to clause 52.03 and 81.01, no further planning scheme changes

are proposed at this stage. This enables the existing zoning framework to be retained pending future

strategic review that may be required or intended including of the broader area, e.g. following preparation

of industrial policy or a review in connection with the Monash NEIC.

8. Does the amendment address the requirements of the Transport Integration Act 2010?

Based on technical review and assessment undertaken by GTA consultants, the proposed Amendment is

not expected to have a significant impact on the transport system, as defined by section 3 of the Transport

Integration Act 2010.

9. How does the amendment address the views of relevant agencies?

It is proposed that the views of relevant agencies be incorporated through appropriate engagement and

participation through the planning approval process.

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10. What impact will the new planning provisions have on the administrative costs of the

responsible authority?

It is not anticipated that the new planning provisions would have any meaningful impact on the administrative

costs of the responsible authority.

5.3 Is the proposal supported by strategic policy directives?

The proposal has strong strategic support and is highly aligned with State and Local planning policies and

the directions of Plan Melbourne as considered above. The proposed development will contribute to the

growth of jobs within the City of Kingston and will also provide convenient shopping access to the

surrounding residential and working population. Whilst the Site is located in an industrial zone, it is located

on edge of the broader industrial precinct and interfaces with a range of zones including commercial and

residential zones. Given the diversity of surrounding land uses as well as the locational attributes of the

Site, the proposed land use will benefit residents and workers in the broader area without impacting on the

integrity and functionality of the broader industrial precinct.

The Site benefits from its location and accessibility as it has direct access to two arterial roads, being Centre

Road and Clarinda Road. In addition, the Site is within proximity to the Princess Highway, Nepean Highway

and Monash Freeway, which further enhances accessibility to the Site.

The proposed development will strengthen the ability for nearby residents to do their weekly shopping

locally, would not detract from the hierarchy of activity centres within Kingston, and will effectively respond

to the evolving nature of the commercial market (refer to clause 21.06). In addition, the building will be

designed to complement the surrounding built form context, including the provision of signage that is

appropriate in size, appearance and character of the surrounding context (clause 22.15), and a general

scale, configuration and interface treatment that is not dissimilar to current arrangements on the site

5.3.1 Plan Melbourne

This project will deliver on some of the major initiatives contained at the top level of planning policy through

Plan Melbourne 2017-2050 in the following ways;

▪ Will attract investment from an internationally renowned supermarket chain, which will also result in

the creation of jobs.

▪ It will contribute to the creation of a city of 20-minute neighbourhoods.

▪ Utilisation of environmentally sustainable design technologies in the building design.

5.3.2 SPPF

This project is aligned with the following aspects of the SPPF:

▪ The proposal complements the mix of land uses in the surrounding area and will also meet the current

and future needs of the local community through creating jobs and investment in the area in addition

to convenient access to daily shopping needs.

▪ The development will provide a positive urban design response to the surrounding context a building

design and site layout that appropriately responds to the sensitive residential interfaces to the north

and east of the Site, maintains the landscaped character of the Site and is consistent with the style of

industrial development in the area.

▪ The proposed supermarket will positively contribute to convenience needs of the local area, whilst

retaining the viability of the existing industrial precinct through providing complementary land uses.

▪ The proposal will not prejudice the ongoing operation of the industrial precinct.

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5.4 Consistency with zone, overlay controls and other provisions

5.4.1 Zone

The Site is in an IN1Z, the purpose of which is to:

▪ To implement the State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies.

▪ To provide for manufacturing industry, the storage and distribution of goods and associated uses in a

manner which does not affect the safety and amenity of local communities.

In this case it is not considered to be appropriate to rezone the land from its existing Industrial zoning due

to its location within a broader industrial precinct. However, a site-specific exemption is deemed to be

appropriate given the mixed nature of the land uses in the immediate surrounding area, (a mixture of

residential, commercial, industrial and leisure and recreation land uses) and the existing large format retail

presence.

It is considered that the proposed Kaufland Store is appropriate within the context of the Site, consistent

with the SPPF and the local MSS vision.

The proposed use will also provide an appropriate transition between the existing residential areas to the

north and east and the industrial precinct to the west. Therefore, it is considered that the proposed use and

development will have a positive affect on the safety and amenity of the local community and will not

disadvantage the continuing use of the existing industrial precinct.

5.4.2 Car parking and loading

The car parking layout and design generally adopts the same layout and general configuration of access

points, car parking areas and pedestrian access points as per the previous operations.

Clause 52.06-5 generates a statutory requirement for car parking provision on site as documented in the

GTA report. The proposal will have 414 car parking spaces, in excess of statutory car parking requirements.

Car park design has been in accordance with clause 52.06-9 design standards for car parking.

Loading is provided at the rear of the building and is separated from pedestrians and the main vehicle

access. Loading access will be provided from Centre Road, along the west side of the Site. Two loading

docks have been provided for the intended use of a 19m semi-trailer.

The traffic and car parking assessment prepared by GTA consultants provides further details and confirms

the appropriateness of proposed traffic and access arrangements requirements.

5.4.3 Bicycle requirements

Clause 52.34 sets out the statutory requirements for the provision of bicycle facilities for the proposed

development. The proposal provides for 36 spaces on-site. Staff bicycle parking is provided in a secure

area appropriately located at the rear of the proposed Kaufland store. The traffic and car parking

assessment prepared by GTA consultants provides and confirms the appropriateness of the proposed

bicycle and end of trip facility arrangements.

5.4.4 Liquor

The proposal will incorporate the sale of packaged liquor for consumption off premises in a separate retail

premise of 354sqm within the proposed building form. It is envisaged that this liquor will be a component of

the primary supermarket use.

Clause 52.27 requires consideration of the impact of the licensed premises on the amenity of the

surrounding area. In this instance, it is submitted the proposal will have a limited impact as the proposed

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liquor provision operates ancillary to the supermarket use, is unlikely to have a negative impact on the

amenity of the area by virtue of the surrounding non-sensitive commercial / industrial uses, and that only

packaged liquor is proposed to be sold as part of a much broader retail offering characterised in large part

by food and groceries.

5.4.5 Signage

A consideration of clause 52.05 and clause 22.15 is relevant to an assessment of signage. The proposal

incorporates several types of signage on each of the building’s interfaces and two pylon signs and a pole

sign within the Site. The Site is classified as a category 2, low limitation area (office and industrial) in

accordance with clause 52.05-8.

As demonstrated in the signage plan prepared by Leffler Simes Architect, some of the business identification

signs are classified as major promotions signs subject to the definition in clause 73 as they are over 18sqm

in area. The location, size and detail of the proposed signage has been specified on the plans.

Kaufland is an international brand with an established corporate branding that allows international brand

recognition. A signage strategy has been developed specifically for the Australian entry into the market with

careful consideration to local conditions for built form and development.

As required under clause 22.15, the proposed signs achieve maximum effectiveness without being

excessive in their number, height or appearance. The signs have been designed in a coordinated manner,

with all signage adequately spaced within the Site to reduce visual clutter, whilst complementing the design

and appearance of the building. The internally illuminated signs have been designed and located to ensure

there will be no unreasonable light omitted to any surrounding sensitive interfaces, including residential uses

and the surrounding road network. The proposed pole signs will be sited within the built form context of a

large site with large scale surrounding subdivision and built form character, and will provide effective

advertising for the business without detracting from the local character.

In the context of the Site’s location and industrial character (with a low limitation designation) it is submitted

that the signage as proposed is acceptable.

5.5 Are acceptable built form, urban design, & streetscape outcomes

achieved?

The siting approach is generally reflective of the layout of the existing Bunnings store with the orientation

and siting of the building similar to that of the existing Bunnings building. Overall, the building will be

sufficiently setback from both street frontages and will be provided with a carpark configuration that is similar

to the existing car park provided within the Site’s frontages.

Sufficient landscaping will be provided within the front setbacks of Centre Road and Clarinda Road as well

as within the carpark, which will soften the appearance of hard surfaces within the Site. This includes an

approximately 15m deep landscaping zone to Clarinda Road to buffer and filter views to the area set aside

and intended for development in connection with the head office and subject to a later / future approval.

5.5.1 Built form

The built form has been designed to appropriately respond to the character of the surrounding industrial and

commercial buildings. Whilst the building is designed to incorporate a supermarket, the design detail

includes materials, finishes and detailing to ensure an attractive and quality built form. The scale of the

proposed building is similar to the built form and design of the surrounding industrial area. Building height

is also in keeping with surrounding built form.

The built form includes a clearly recognisable and functional entrance at the north-east corner of the Site,

with the northern façade activated with a tenancy and outdoor eatery and differentiated through design with

timber pattern and dark grey feature cladding, with activation wrapping around to the eastern corner. The

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east, south and west interfaces predominately feature light grey cladding, has and include appropriate visual

breaks and articulation through the use of signage, highlight windows and louvres. This combination of

materials and finishes seek to provide an attractive and quality retail building.

Exterior elements and roof top services will be incorporated within the building design and sited

appropriately.

The overall built form is typical of a good quality contemporary supermarket design, and the built form

response has been carefully conceived to ensure that the development will provide a meaningful built form

contribution to the corner of this broader employment precinct and its interfaces to Clarinda Road and Centre

Road.

5.5.2 Setbacks & interfaces

The proposed development will be located in a similar position, along the west side of the Site, to the existing

Bunnings building. However, the extent of built form will be varied, which increases the setback of the

building from the Centre Road frontage (approximate 80-85mm setback). The building is also setback

approximately a similar distance from Clarinda Road, allowing for generous car parking and landscaping to

be provided within these frontages.

In terms of other interfaces, the building is situated approximately 8m from the west boundary (which

ensures the service road is retained for loading purposes.

In summary, the setbacks have largely been informed by the previous building on site enabling continuity of

streetscape character, with additional setbacks provided from Centre Road.

5.5.3 Landscaping

The landscaped setbacks that currently exist along the Clarinda Road and Centre Road frontages of the

Site will largely be retained. The existing trees and landscaping is generally well established and positively

contributes to the vegetated character of the area. Internal to the Site will feature new landscape areas

where possible.

5.5.4 Fencing & storage

There will be no boundary fencing along the main frontages of the Site. There will be internal screening

adjacent to the loading areas and rear of the building that is incorporated into the overall design approach

in order to maintain the quality and character of the development.

5.6 Will the development be adequately serviced and accessible?

The traffic and transport assessment undertaken by GTA consultants concludes that the proposed vehicle

movements, car parking numbers, and configurations are appropriate noting:

▪ The provision of 414 car parking spaces.

▪ The proposal for a separate service vehicle access road.

▪ The ability for the Head office to accommodate its own onsite car parking primarily as result of the land

size.

▪ The appropriate provision of bicycle parking.

▪ Satisfactory space for loading and unloading, and for general access and manoeuvrability throughout

the sit..

For further details please refer to the assessment provided by GTA consultants.

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6 Conclusion

Having regard to the relevant planning strategies, policies and controls, this assessment has demonstrated

that overall and on balance, the proposal will deliver significant net community benefit, and will reflect

sustainable and economic development principles as sought by the Kingston Planning Scheme.

For the following reasons, favourable consideration of this significant and important proposal both locally

and collectively as a whole to the State of Victoria, is warranted.

6.1 Net community benefit

Net community benefit will be derived from factors including the following:

▪ Significant employment generated through the construction phase of the project.

▪ Significant ongoing and additional permanent job creation, which is anticipated to be in the order of 100

direct jobs associated with the Kaufland store.

▪ The creation of local employment opportunities that will be equitable in an accessibility sense, located

at the edge of a strategic employment cluster accessible to the south and east regions of Melbourne.

▪ Greater range and quality of product and grocery lines available to the local community.

▪ Downward pressure on pricing of groceries that can be reasonably anticipated through the creation of

greater competition in the grocery and supermarket sector which has historically and is presently

dominated by a limited number of major operators.

▪ Broader economic and supplier benefits derived from a major investment sourced from offshore funds

additional to the Victorian economy.

6.2 State level planning objectives

▪ Plan Melbourne provides a supportive policy framework for this proposal generally, including having

regard to the objectives for the Monash National Employment and Innovation Cluster.

▪ The proposal is aligned to and reflective of Plan Melbourne’s key objectives for the city to become a

global city of opportunity and choice, and a city that is innovative and attracts investment.

▪ It is also supported by Plan Melbourne directives for accessible employment creation, and the efficient

and competitive use of metropolitan land more generally as the city continues its significant growth

trajectory with accompanying growing demand for retail servicing spread across existing suburban

areas which are to accommodate 70% of new dwelling stock.

▪ The SPPF supports the managed introduction of ‘out-of-centre’ development, particularly where non

‘single use’ outcomes are facilitated and where net community benefit is achieved for the region to be

serviced – both tests that Oakleigh South Kaufland proposal satisfies. This is to be considered in the

context of a broader current SPPF policy environment that is geared towards economic growth, local

employment and the pragmatic and efficient use of metropolitan land, and an industrial zoned site that

has already been used for large format retailing purposes

6.3 Proposed planning framework & approval mechanism

▪ Due to the level of planning and timing certainty required to commit to a significant investment involving

coordination, implementation and operation of numerous stores, national headquarters and a major

distribution centre, a facilitated planning process is necessary to enable entering and competing in the

Victorian market, including where a review of existing zoning would otherwise be required in this

instance. Hence, the proposed approval via incorporated document pursuant to clause 52.03 is

necessary and appropriate.

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6.4 Proposed use and built form

The proposed built form and layout has been shown to be appropriate from a design perspective and from a technical / functional perspective including in relation to accessibility, environmental suitability, acoustic performance and the like.