Geelong Council Wed Night - C230 Jetty Road Growth Area Stage 1 Development Contributions Plan

On Wednesday night 27 April, The City of Greater Geelong will have their meeting. On the agenda (in pdf format 3212kb) is the C230 Jetty Road Growth Area Stage 1 Development Contributions Plan - Consideration of Submissions

A summary from the agenda is reproduced below:

C230 Jetty Road Growth Area Stage 1 Development Contributions Plan - Consideration of Submissions
Portfolio: Planning - Cr Macdonald
Source: Economic Development, Planning and Tourism
General Manager: Peter Bettess
Index Reference: Subject: Council Reports 2011
Application No: 230 Class: Strategic Implementation

Summary

This report is for Council to consider submissions to Amendment C230 which proposes a Development Contributions Plan (DCP) for the Jetty Road Growth Area at Drysdale and Clifton Springs.

This is a Council initiated amendment and seeks to include the DCP as an incorporated document in the Planning Scheme and apply a Development Contributions Plan Overlay to Stage 1 of the growth area.

The amendment also proposes a Public Acquisition Overlay (PAO) over private land between Portarlington Road and the Bellarine Rail Trail for a new north-south collector road into the growth area.

The DCP provides for the funding of infrastructure in Stage 1 of the growth area. This is also addressed by a Section 173 Agreement between Council and the four landowners/developers. The S173 Agreement obliges Council to use its best endeavours to introduce a DCP into the Planning Scheme.

The S173 agreement will continue to regulate the rights and obligations of the parties even after this DCP is formally introduced into the planning scheme. The DCP has the effect of adjusting the infrastructure costs and rate of the development contribution which is payable.

If the rate in the final DCP is higher than the rate in the S173 agreement, the new higher rate will apply and vice versa all in accordance with clause 3.1.5 of the S173 agreement.

The development contribution provisions of the section 173 agreement and this DCP are in all other respects identical.

The amendment was exhibited between 28 October and 29 November 2010.

A total of eight submissions were received with 2 submissions supporting the amendment in full and a further 5 submissions objecting to certain aspects.

The 2 supporting submissions were from the Corangamite Catchment Management Authority and Barwon Water. The objecting submissions were from the four Stage 1 developers, Vic Roads and the owner affected by the PAO.

Key issues in the objecting submissions include: timing for construction of the east west and north south collector roads; the pedestrian bridge over the north south road at the Bellarine Rail Trail; request for Stage 2 to contribute to the east-west road; Vic Roads request for the north-south road to be provided early; objection to the compulsory acquisition of land for the north-south road; query on the need for golf course netting; claims that the costs and contingencies are too high in the DCP; and a request to reduce the community infrastructure contributions.

Council officers have attempted to resolve issues with the four developers, however, there are still objecting submissions. Council can choose to change the amendment as requested by the submissions, abandon the amendment or refer the submissions to an Independent Panel appointed by the Minister for Planning. It is recommended the submissions be referred to an Independent Panel. Council officers will engage its lawyer and DCP expert to help present Council’s position to the Panel generally as outlined in this report.

Council officers will continue to try and resolve the issues in the lead up to a Panel hearing and will prepare and circulate a revised DCP document to the developers.

Recommendation

That Council having considered all submissions to Amendment C230 to the Greater Geelong Planning Scheme resolves to:

1) Request the Minister for Planning to appoint an Independent Panel under Part 8 of the Planning & Environment Act;

2) Refer all submissions to the Panel;

3) Submit to the Panel its response to the submissions generally as outlined in this report.