The Victorian Civil and Administrative Tribunal has determined that no permit be granted for a Residential hotel, Vineyard, Orchard & Winery in Brumby’s Road South Warrandyte. The application had been refused by Manningham Council and the appeal to VCAT was opposed by WCA in support of several local residents affected by the proposal.
Read the full VCAT determination HERE.
SUBMISSION BY: Warrandyte Community Association Inc. PO Box 75, Warrandyte 3113
IN RELATION TO: 46-52 Brumbys Road, South Warrandyte 3114
APPLICATION NO: PL 16/026779
PURPOSE: The use and development of the land for agriculture, winery, residential hotel, liquor licence, reduction of car parking, requirements (9 spaces) and removal of vegetation.
INTRODUCTION
This submission is made on the behalf of the Warrandyte Community Association Inc (WCA). WCA has a mandate from its membership of residents of Warrandyte, South Warrandyte and North Warrandyte to:
• Promote all aspects of community life in Warrandyte.
• Defend the character and heritage of the township.
• Protect the environment and encourage restoration and regeneration of native flora and fauna.
• Protect the Green Wedge (non-urban areas).
• Promote sporting, educational, recreational and cultural activities.
• Defend and enhance community assets.
WCA has been particularly proactive and heavily involved in protecting the Green Wedge non-urban areas and maintains a watching brief over proposals for these areas. This proposal has aroused anxiety, not just within the WCA but also the wider community. It is considered not only to be an overdevelopment of the land and an inappropriate development for a number of reasons but as also as setting an undesirable precedent for the green wedges.
OVERVIEW
The Warrandyte area has a strong historical and topographical basis for its development. The residential areas of the actual township are surrounded by a buffer of rural zones. The subject area of South Warrandyte is a mix of semi-rural residential properties with some smaller agricultural enterprises scattered throughout. There are a small number of businesses such as a farm shop, restaurant and plant nurseries mainly located along the main road. The landscape is undulating open land with mostly native vegetation throughout. The Common, a large vegetated reserve of the Warrandyte State Park is a feature of the area.
THE SITE
Under the Manningham Planning Scheme the site falls within Rural Conservation Zone (RCZ3) and has an Environmental Significance Overlay (ESO3). It abuts properties covered by the Bushfire Management Overlay but is not directly covered by this. It is an oblong shaped, sloping site of approximately 2.1ha. bisected by a watercourse and with some native vegetation. It currently has a dwelling and sheds located on it.
The proposed development appears to cover:
• A hotel of 76 rooms (to be built in two stages).
• Function conference rooms in the hotel for up to 150 patrons.
• Orchard of citrus and fruit trees
• Grappa distillery and tasting area for up to 40 patrons
• Al fresco breakfast area
• Parking areas.
WCA contends this development is an intensification and overdevelopment of the land and contravenes the requirements of the zoning and overlay.
OBJECTIONS
1. This is a historically and relatively small site of 2.1ha within the RCZ zone which now requires a minimum size of 8ha if subdividing. Under the proposal about one third of the land will be covered by buildings and hard standing with a further area affected by watercourse management. WCA does not believe the proposed intensity of use meets the conservation values as laid out under the schedule to RCZ3.
2. A residential hotel (max 80 beds) is permissible within RCZ3 but such use is modified by Clause 57 Green Wedge Land which requires the land Must be used in conjunction with Agriculture, Natural systems, Outdoor recreation facility, Rural industry or Winery. This is further modified by Clause 64.02 which states: If a provision of this scheme provides that a use of land must be used ‘in conjunction with’ another use of the land:
there must be an essential association between the two uses; and
the use must have a genuine, close and continuing functional relationship in its operation with the other use.
Uses for the site other than the hotel are vineyard and orchards and grappa distillery and tasting area. Grappa is a grape based alcohol beverage which distils the skins, seeds and stalk of grapes after making wine. (Present day European law states the name ‘Grappa’ can only be used for spirits produced in Italy to certain requirements. Source: Nicks Wine Merchants webpage). The interchangeability of the terms winery and distillery within the application is confusing as also is whether a distillery can be defined as a winery within the Manningham Planning Scheme. WCA does not believe regardless that an essential association between the uses has been demonstrated and that the purposes outlined in Clause 57 have been met. It questions how such a small vineyard and orchard area can possibly produce enough product to satisfy the patrons of a 76-bed hotel, tasting room and function centre and have a genuine, close and on-going relationship. It is noted that the vineyards and orchards have to be established with a possible time lapse before production. With regard to the proposed function centre, it is unclear if the requirements of clause 57 that a Function Centre must have no more than 150 patrons present at any time will be in addition to hotel guests or not. Serious concerns about the hotel design regarding the size, bulk, noise, lighting and impact raised by residents remain unanswered.
3. WCA is concerned that the requirements of ESO3 Buffer conservation areas such as encouraging development in keeping with the semi-rural character of the area and sympathetic to the existing built form and ensuring development responds to the area’s environmental and landscape characteristics, including topography and waterways is not met in this proposal. The development’s built form appears out of proportion with surrounding properties. The removal of remaining remnants of vegetation and replacing with vines and fruit trees is at odds with the stated aim of protecting and enhancing the ecological values of Buffer Conservation Areas.
4. Access and egress. Brumbys Road can best be described as a one-way, winding, narrow country lane with a difficult and dangerous point of entry and exit to the Ringwood/Warrandyte Road. There appears to be no concern about increased traffic along the road itself. The report states there are sufficient passing areas for buses, cars and commercial vehicles. This would appear disingenuous given the expected increase in traffic movements with hotel patrons, distillery patrons, possible functions, deliveries, staff movements etc. While there are two distinct passing places there are also several narrow places where passing traffic could experience difficulties. Five Ways where Brumbys Road meets the main road is a notorious spot where traffic converges. Turning right from Brumbys Road can be difficult at busy times. No mitigating works are seen as essential in this application.
While the site is not covered by a Bushfire Management overlay nevertheless it is an area where bushfires are a constant threat in the summer months. Brumbys Road would present major difficulties if a hotel and adjoining businesses had to be evacuated.
5. The site does not currently have access to water and sewerage infrastructure and there is a lack of detail on how this will be managed. It appears no wastewater management plan has yet been prepared but there is an assumption that the site is large enough to cope with the waste management requirements of the hotel, the ancillary uses and the distillery. WCA has strong reservations about the site’s ability given it also contains a watercourse. The approval of any such plans by Council and the EPA should be a requirement prior to consideration of the application.
CONCLUSION
While primarily concerned with the impact of this proposal on the Green Wedge in compiling this objection, WCA has listened to and expressed members and residents’ concerns as well. WCA is majorly concerned about the size and intensity of this development which appears to be in contravention of the requirements of the planning scheme and inappropriate for this site. This Green Wedge area has kangaroos and wildlife moving freely between properties with landscape values and vegetation appropriate to the area. There will be major traffic impact along Brumbys Road which local residents say is already suffering from traffic overload caused by patrons going to the popular Olivigna restaurant with overflow car parking sometimes extending into Brumbys Road. The dangerous intersection with the main road is also of considerable concern. The development could also contribute further to noise and light pollution (already said to emanate from Olivigna).
There is considerable doubt as to whether the hotel would be a viable proposition without the presence of the adjoining Olivigna restaurant and winery. WCA is concerned that the proposal be judged on its own merits as it applies to the site at 46-52 Brumbys Road and that any decision is not influenced by the proximity of nearby businesses.
Given all of the foregoing it is recommended this application be refused.
Richard Davies
President
Warrandyte Community Association Inc.
April 2017
All enquiries to: Valerie Polley
email: valpol@hotkey.net.au
Phone: 9844 3086