TUESDAY, 13 JULY 2021


Council Meeting Minutes                                                  13 July 2021



 Briars                     Cr Steve Holland
                            Cr Anthony Marsh
                            Cr Despi O’Connor
 Cerberus                   Cr Lisa Dixon
 Nepean                     Cr Susan Bissinger
                            Cr Sarah Race
 Red Hill                   Cr David Gill
 Seawinds                   Cr Antonella Celi
                            Cr Kerri McCafferty
                            Cr Debra Mar
 Watson                     Cr Paul Mercurio


 Mr John Baker             Chief Executive Officer
 Ms Pauline Gordon         Director – Community Strengthening
 Mr Mark Brady             Director – Corporate Strategy and Business Improvement
 Ms Jessica Wingad         Acting Director – Planning and Infrastructure
 Mr David Wilkinson        Acting Director – Planning and Building


 Please note that this Council Meeting was livestreamed to the Mornington Peninsula
 Shire’s YouTube channel and a recording of the meeting is available on the Shire’s

 Recording of persons in the public gallery is not intended but may occur
 incidentally. By attending this meeting, members of the public consented to being
 filmed at the meeting and the possible use of subsequent recordings in a live
 streaming or published video of the meeting.

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                                   TABLE OF CONTENTS

ITEM                                                 SUBJECT                                                        PAGE NO

1      OPENING AND WELCOME ..................................................................................... 5
       1.1        Acknowledgement of Country.................................................................. 5
       1.2        Prayer......................................................................................................... 5
2      PROCEDURAL MATTERS ...................................................................................... 6
       2.1        Apologies .................................................................................................. 6
       2.2        Disclosure of Conflicts of Interest Pursuant to Sections 126 – 131
                  of the Local Government Act 2020........................................................... 6
       2.3        Confirmation of Minutes ........................................................................... 6
       2.4        Assembly of Councillors .......................................................................... 7
       2.5        Council Decision Register ........................................................................ 8
       2.6        Public Question Time ............................................................................... 9
3      MANAGEMENT REPORTS ................................................................................... 10
       3.1        Presentation of Community Vision ........................................................ 10
       3.2        Planning Application P18/0603 - 61 Bentons Road, Mornington ......... 13
       3.3        Combined Planning Scheme Amendment C249morn and
                  Planning Permit Application P20/2355 - 170 Boundary Road
                  and 62 Collins Road, Dromana............................................................... 45
       3.4        Long-term environmental protection of Drum Drum Alloc Creek
                  in Rosebud .............................................................................................. 52
       3.5        Cyril Young Memorial Chapel, Buxton Reserve Shoreham -
                  Partial Land Acquistion Update ............................................................. 55
       3.6        Renewal of Lease to Crib Point Engineering Pty Ltd............................ 58
       3.7        Lease to Hastings Yacht Club Inc. ......................................................... 62
       3.8        CN2523 - Libraries Collections, Furniture, Equipment and
                  Associated Requirements ...................................................................... 66
       3.9        Waste Services Contract Extension ...................................................... 70
       3.10       CN2537 – Balnarring Recreation Reserve – Oval Rehabilitation
                  – Tender Recommendation Report ........................................................ 73
       3.11       Instrument of Appointment and Authorisation ..................................... 77
       3.12       Letters Under Seal - Queen's Birthday Honours Recipients
                  2021 .......................................................................................................... 79
4      COUNCILLORS AND DELEGATES REPORTS .................................................... 81
5      NOTICES OF MOTION .......................................................................................... 84
       5.1        Notice of Motion 295 (Cr Holland) .......................................................... 84

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       5.2        Notice of Motion 296 (Cr Gill) ................................................................. 88
       5.3        Notice of Motion 297 (Cr Gill) ................................................................. 91
       5.4        Notice of Motion 298 (Cr Gill) ................................................................. 93
       5.5        Notice of Motion 299 (Cr Marsh) ............................................................ 95
6      URGENT BUSINESS ............................................................................................. 99
7      CONFIDENTIAL ITEMS ......................................................................................... 99
8      MEETING CLOSE ................................................................................................ 100

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Meeting opened at 6.30pm

Appointed Chairperson – Mayor, Mayor, Cr Despi O'Connor

1.1      Acknowledgement of Country

(Read by Cr McCafferty)

Mornington Peninsula Shire acknowledges and pays respect to the elders, families and
ancestors of the Bunurong/BoonWurrung people, who have been the custodians of this land
for many thousands of years. We acknowledge that the land on which we meet is the place
of age-old ceremonies, celebrations, initiation and renewal; and that the Bunurong/
BoonWurrung peoples’ living culture continues to have a unique role in the life of this region.

1.2      Prayer

(Read by Cr Marsh)

We pledge that this Council will act in the best interests of the entire Mornington Peninsula
community. We will conduct our deliberations and make decisions with an open mind and on
each item’s individual merit. We further commit to carry out our duties impartially and in good
faith, treating each other with respect, dignity and kindness, and at all times, acting in
accordance with the Councillor Code of Conduct and Governance Rules.

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Mayor, Cr Despi O'Connor (Chairperson)
Cr Susan Bissinger
Cr Antonella Celi
Cr Lisa Dixon
Cr David Gill
Cr Steve Holland
Cr Debra Mar
Cr Anthony Marsh
Cr Kerri McCafferty
Cr Paul Mercurio
Deputy Mayor, Cr Sarah Race

Mr John Baker, Chief Executive Officer

2.1       Apologies


2.2       Disclosure of Conflicts of Interest Pursuant to Sections 126 – 131 of the Local
          Government Act 2020

Cr Race, declared a general, Conflict of Interest in regard to Item 3.9 – Waste Services
Contract Extension, as Cr Race’s husband is employed by another waste management

2.3       Confirmation of Minutes


That the Minutes of the previous Council Meetings held on 1 June 2021 and 22 June 2021,
be confirmed.


Moved:         Cr Celi
Seconded:      Cr Dixon

That the recommendation be adopted.
                                                                       Carried Unanimously

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2.4     Assembly of Councillors

Assembly of Councillors – 25 May 2021 and 8 and 15 June 2021.


That Council receives and notes the record of Assembly of Councillors for 25 May 2021 and
8 and 15 June 2021.


Moved:        Cr Race
Seconded:     Cr Marsh

That the recommendation be adopted.
                                                                    Carried Unanimously

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2.5     Council Decision Register

Attachment(s)     1.      Summary of the 2019 Council Decision Register
                  2.      Summary of the 2020 Council Decision Register
                  3.      Summary of the 2021 Council Decision Register


Council has requested a Decision Register for all its Council resolutions to be maintained by
Shire Team Leaders and Managers.

Attached are Summaries of the 2019, 2020 and 2021 Decision Registers (Attachments 1-3)
as at 5 July 2021.


That Council receives and notes the Decision Register Summaries for 2019, 2020 and 2021
(Attachments 1-3) as at 5 July 2021.


Moved:          Cr Gill
Seconded:       Cr Celi

1.    That Council receives and notes the Decision Register Summaries for 2019, 2020
      and 2021 (Attachments 1-3) as at 5 July 2021.

2.    That all Council decisions in 2019 and 2020 where there have been no actions
      undertaken or actions are still in progress, be itemised and reviewed by Council
      in September 2021.

3.    That in 2021 and in the future, all decisions of Council not completed within three
      months (excluding budget program decisions) be reviewed by Council within a
      further 30 days.

                                                                       Carried Unanimously

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2.6      Public Question Time

Questions from the public shall be dealt with at commencement of the meeting.

The aim of public question time is to provide an opportunity for the public to ask general
questions at Council Meetings requiring routine responses. Questions are received without
notice and are responded to without research or reference to Council records.

Questions must be in writing, with the person submitting the question to be in the public
gallery at the time.

Questions which contain material that relates to specific people or properties will be
summarised at the discretion of Council.

Responses to public questions answered at the meeting, will be general in nature, provided
in good faith and should not exceed two minutes. These responses will be summarised in the
minutes of the meeting.

Questions requiring research or a detailed reply will be provided a written response as soon
as possible following the meeting from the nominated officer. These written responses will be
collated for each meeting and available via the Shire’s website.

This segment does not substitute for appeal or other formal business procedures with the

Gender based services and facilities

The following question was received from Ms Moira Deeming who asked: Under Victorian
law, is it legal for Local Government councils to provide sex based/targeted services and
facilities separately to gender identity based/targeted services and facilities? If not, why not?
For example, can we legally put signs on a set of public toilets declaring that one is for
biological males (including males with an intersex condition), one is for biological females
(including biological females with an intersex condition) and one is for people with
transgender identities (of any biological sex)? If not, why not? As a taxpayer, I would like
clarification on this issue and would like to know Councillors’ opinion on the answer. I would
also like to have the response made both at the meeting and also in writing.

Mr Chris Munro, Manager – Community Partnerships provided the following response:

Local government plays a critical role in creating an environment in which a self-determined,
engaged and inclusive community is accessible to all residents. Councils consider the needs
of all residents when developing policies and facilities. These include those who face barriers
to participation including our LGBTIQA+ communities and also people with disability,
refugees and migrants as well as Aboriginal and Torres Strait Islander people.

The Sex Discrimination Act 2013 makes it unlawful to discriminate against someone because
of their gender identity, including when accessing bathrooms. The Shire is committed to
ensuring those of all genders and gender identities have inclusive access to public toilets. A
recent example in the redevelopment of Somerville Recreation Centre and the new Yawa
Aquatic Centre is that All Gender toilet and shower facilities were incorporated into these
centres. Anyone can use these toilets, including trans, non-binary, intersex people, parents
and carers to assist children or people with a disability of the opposite gender.

The Shire’s Council Plan and Municipal Health and Wellbeing Plan aim to ensure that the
Mornington Peninsula is safe and welcoming for LGBTIQA+ communities and Council is
committed to celebrating diversity and promoting equality across the Shire.

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3.1      Presentation of Community Vision

         Prepared By         Pauline Gordon, Director - Community Strengthening
         Authorised By       Director - Community Strengthening
         Document ID         A10510322
         Attachment(s)       1.    Community Engagement Strategy 2020-2026
                             2.    Demographic of Citizens Panel Members


The purpose of this report is to receive the Imagine Peninsula 2040 Community Vision,
developed by an independent Citizens Panel that was selected through a deliberative
engagement process.


A Community Vision is an aspirational description of what our residents and rate payers hope
for the future of the Mornington Peninsula.

Changes to the Local Government Act 2020 (the Act) requires Council to develop a
Community Vision that will guide Council’s planning and service delivery and provide
direction on how to best benefit and support our community.

The Act states that a Vision is developed with its municipal community in accordance with its
deliberative engagement practices with the scope of the Community Vision being a period of
at least the next 10 financial years.

Council adopted our Community Engagement Strategy 2020-2026 (Attachment 1) and within
it the community engagement principles of the International Association of Public
Participation (IAP2), which are acknowledged as a global best practice benchmark.

These principles, more commonly known as the engagement Spectrum is designed to assist
with the selection of the level of participation that defines the public’s role in any community
engagement program. Most importantly, it sets out the promise being made to the public at
each participation level. To ensure that more community members will feel encouraged to
share responsibility for their neighbourhoods and environment, create deeper local
connections and better alignment with our community,

Council has empowered the community to develop its Community Vision.

To ensure the Citizens Panel would be equipped with all necessary information to develop a
Community Vision, a broader engagement program Imagine Peninsula 2040, was
undertaken to provide the community’s views to inform the Panel’s decision making.

Across all the engagement, the community has been asked the same four questions:

•     What do you want life to look like on the Mornington Peninsula in 2040?

•     What do you love most about the Mornington Peninsula and want to protect?

•     When you think about the future of the Peninsula, what is most important to you?

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3.1 (Cont.)
•     If it were up to you, what would you change about the Peninsula?

Over 2,400 people shared their ideas through the online survey. More than 150 people from
across the Mornington Peninsula joined online community forums with targeted forums also
held across themes such as youth, aged and disability and transport. Hundreds more spoke
with Community Engagement Ambassadors who worked their way across the Mornington
Peninsula, connecting with people in shopping centres, schools, business groups,
community groups, markets, who shared drawings or wrote on postcards, from children right
through to older adults from all walks of life.

Concurrent to this process, the Sortition Foundation was engaged to select a Citizens Panel
to work through the community feedback and develop the Community Vision. 8,600 letters
were randomly mailed to residents, inviting them to submit their interest in becoming a Panel
member to develop the Community Vision. From those responses, Sortition then provided
the selected members information to MosaicLab.

Engaged by Council to facilitate the visioning process, MosaicLab works with government
agencies, community groups, industry and commercial organisations seeking to invest in
quality engagement processes. They specialise in high-influence and deliberative
engagement processes with a focus on long term outcomes and tangible results.


This is the first Community Vision for the Mornington Peninsula.

The Citizens Panel is comprised of a randomly selected group of 38 people who represent
the community. Originally 43 members were selected through independent consultants
Sortition, however five were unable to continue due to time or other commitments. The local
community members who make up the Deliberative Citizens Panel broadly represent the
Mornington Peninsula demographic profile (Attachment 2).

The Citizens Panel met online across a number of sessions throughout June, facilitated by
MosaicLab and received a comprehensive report of the data collected from the community
engagement, plus additional information to assist in understanding the issues and options
related to the decisions they are making to create the shared Community Vision.

They reviewed the data from the engagement program and created a community vision and
key principles for the community. They worked together online through the COVID-19
lockdown period and finalised their Community Vision report in June 2021 ready to present to

The Community Vision captures what the community most value about their community and
sets out the future vision and aspirations for the community. Developed in conjunction with
the community it identifies and describes a vision for the Mornington Peninsula, as well as
priorities that define future success.

Following receipt of the Community Vision, the development of the Council Plan led by the
Mayor and Councillors will set the strategic objectives and strategies for achieving Council’s
and the community’s aspirations over the next four years. Councillors will be required to
complete the Plan and submit to the Victorian State Government no later than 30 October


No person involved in the preparation of this report has a direct or indirect interest requiring

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3.1 (Cont.)

The Community Vision has been developed by the Independent selected Citizens Panel after
a comprehensive community engagement process and reflect the thoughts, values, and
ideas of our local community. The Vision will be will inform the council planning and decision
making for the future of the Mornington Peninsula.


1.   That Council receives and notes the Community Vision developed and presented by
     the Imagine Peninsula 2040 Citizens Panel.

2.   That Council acknowledges the outstanding contribution of the Citizens Panel, in
     volunteering their time on behalf of the community to develop a Community Vision.


Moved:        Cr Celi
Seconded:     Cr McCafferty

That Standing Orders be suspended at 6.43pm for the presentation of the Community
Vision presented by Imagine Peninsula 2040 Citizens Panel.
                                                                       Carried Unanimously


Moved:        Cr Gill
Seconded:     Cr Race

That the recommendation be adopted.
                                                                       Carried Unanimously

Moved:        Cr Gill
Seconded:     Cr Dixon

That Standing Orders be resumed at 7.07pm.


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3.2     Planning Application P18/0603 - 61 Bentons Road, Mornington

         Prepared By            Graham Scott, Principal Planner
         Authorised By          Interim Director - Planning and Building
         Document ID            A10198094
         Attachment(s)          1.   Development Plans
                                2.   Planning Policy
                                3.   Site Photos
                                4.   Submissions (confidential)
         Application No.        P18/0603
         Proposal               Construction of two three-storey buildings above basement,
                                with 53 motel apartments and construction and use of a two-
                                storey childcare centre, reduction in car parking and
                                variation to bicycle facilities
         Melway Reference       145 E6
         Zoning                 General Residential Zone – Schedule 1
         Applicant              George Makool
         Date of Application    6 April 2018


The purpose of this report is to seek a decision from Council regarding Planning Application
P18/0603 (the Application) relating to the site at 61 Bentons Road, Mornington. The
Application seeks planning permission for the development of two three-storey buildings
above basement, with 53 units for the existing motel use and construction and use of a two-
storey childcare centre and associated works, reduction in car parking for the motel and
variation to staff bicycle facilities generally in accordance with the submitted plans.

The Application was advertised via the sending of letters to the owners and occupiers of the
surrounding sites, for which 59 objections have been received. The principal concerns relate
to neighbourhood character, building height, use, car parking and traffic (including impacts to
the ambulance station), vegetation loss, amenity impacts and construction impacts.

The proposed use and development has been considered against the requirements of the
General Residential Zone – Schedule 1 (GRZ1), the relevant State and Local Planning
Policies and clause 52.06 – Car Parking of the Mornington Peninsula Planning Scheme (the
Planning Scheme).

The assessment identifies that the proposed uses of the land are consistent with both the
historical commercial uses of the site and the purpose of the GRZ. Whilst the proposed
three-storey built form for the motel use is atypical for residential areas within Mornington,
the height, building mass and landscape outcome are, in this instance, an appropriate
response to the planning controls, site circumstance and context. Furthermore, the subject
site has a history of providing much needed crisis accommodation for the community, and in
this regard, the proposed development provides an opportunity to continue to provide
services for a form of community-focused accommodation into the future, providing a net
community benefit. It is therefore recommended that the Committee resolves to issue a
Notice of Decision to grant a permit for the Application.

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3.2 (Cont.)
    Proposal               Construction of two three-storey buildings above basement, with
                           53 motel apartments and construction and use of a two-storey
                           childcare centre, reduction in car parking and variation to bicycle

    Zoning and             General Residential Zone – Schedule 1 (GRZ1), no overlays.

    Permit Triggers        Clause 32.08-2 (GRZ1) – Use as childcare centre.
                           Clause 32.08-9 (GRZ1) – Buildings and works.
                           Clause 52.06 (Car Parking) – Reduction in car parking.
                           Clause 52.34 (Bicycle Facilities) – Variation to bicycle facilities.
    Advertising            Notification of the Application was via the sending of letters to the
                           owners and occupiers of the surrounding sites.

    Submissions            59 objections received.

    Consultation           An information session was held on Friday 4 June 2021 to provide
                           the community with an opportunity to ask questions about the

    Key Issues              •   Built form and height.
                            •   Offsite amenity impacts.
                            •   Adequacy of car parking.
                            •   Traffic.
    Recommendation         That a Notice of Decision to grant a permit be issued.


Previous Permits

•       Planning Permit P17/1200 – for the use and development of the land for a restaurant,
        variation to Clause 52.34 (bicycle facilities), business identification signage and
        associated words was issued on 28 September 2017. The permit expired on
        28 September 2020.

•       Planning Permit P17/2083 – for the sale and consumption of liquor was issued on
        14 March 2018. This was related to the approved restaurant use and is therefore also

History of the Application

This Application was initially submitted as an application for 38 residential apartments
(dwellings) and a 108-place childcare centre. During the assessment process the Application
was amended, to provide 53 smaller serviced apartments (motel apartments) and to reduce
the number of childcare places to 97. Significant changes were also made to the built form to
change the façade and separate the motel into two buildings and to relocate the childcare
carpark to the rear to provide landscaping within the frontage.

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3.2 (Cont.)
Original proposal (ground floor layout and perspective elevation):

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3.2 (Cont.)
Final proposal (ground floor layout and perspective elevation):

Existing conditions

The subject site is located on the north-east corner of the intersection of Nepean Highway
and Bentons Road, Mornington.

The site has an irregular shape with a frontage of 58.3 metres to the intersection and a
frontage of 79.5 metres to Bentons Road, with a total area of 5,632 square metres and a
4.8 metre wide easement along the north boundary and a three metre wide easement along
the south-west boundary. The land is formally identified as Lot 1 on Lot Plan 93651.

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3.2 (Cont.)
The topography of the land has a slight fall from the south-east to north-west, by
approximately four metres across 130 metres. The site contains a 13-unit motel along the
east boundary and a single storey building central to the site which is currently used as a
gallery. Vehicle access to the site is currently from a double width crossover to Bentons
Road towards the eastern side of the site. There are several trees onsite, most notably a
Narrow-leafed Peppermint Gum and a Southern Mahogany Gum along the north boundary
and a Red Ironbark along the east boundary. There are also large trees within the adjacent
nature strip.

Surrounding land

    North      Residential properties – 780 Nepean Highway, 3, 5 and 7 Ranch Court,
               Mornington, all single dwellings.

    South      Bentons Road with residential properties opposite the subject site, as well as
               an emergency services facility (Ambulance Victoria) at 62-64 Bentons Road
               Mount Martha.

    East       Residential properties – 1, 3, 3A, 5 and 7 Darcy Street Mornington all single

    West       Nepean Highway (Road Zone Category 1).

Aerial photograph of the subject site and surrounding land

            Subject site


Please refer to the following Attachments:

•      Attachment 1 – Development plans and documents.

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3.2 (Cont.)
•     Attachment 2 – Planning Policy.

•     Attachment 4 – Submissions (Confidential).

The Application proposes the demolition of the existing buildings on the land (no permit
required for demolition), to facilitate the development of two three-storey buildings above
basement, with 53 motel apartments and construction and use of a two-storey childcare
centre. Throughout this report, any use of the term apartment will be a reference to a motel



Single one-level basement for use by both buildings, utilising a single crossover in the
location of the existing crossover to be shared with the childcare centre.

The basement will provide a total of 52 car parking spaces, inclusive of a single Disability
Discrimination Act (DDA) space, three spaces with access to an electric vehicle charging
point, and 10 tandem spaces.

The basement also includes six bicycle spaces, a bin store with associated loading bay,
substation, services rooms, a single toilet with basin, 35,000 litre rain tank and lifts and stairs
to each building.

Building A – 22 Motel Apartments

•     Three-storey building (maximum height of 10.1 metres) with a north-west to south-east
      orientation setback to the Bentons Road frontage six metres at ground and first floors
      and 8.5 metres at second floor. Adjacent to the entry path is eight bicycle spaces.

•     Ground floor comprises of reception with office and 11 single-bedroom motel
      apartments, four of which are arranged in a dual-key arrangement so that they can be
      utilised as two-bedrooms motel apartments. Each motel apartment has a courtyard with
      the six motel apartments facing Bentons Road having gates to the roadway.

•     First floor comprises of six two-bedrooms motel apartments, all with balconies.

•     Second floor comprises of one one-bedroom, two two-bedrooms and two three-
      bedrooms motel apartments, all with balconies/terraces.

Building B – 31 Motel Apartments

•     Three-storey building (maximum height 10.4 metres) with a west to east orientation
      setback to the north boundary nine metres at ground and first floors and 11.6 metres at
      second floor and setback to the intersection frontage six metres at ground and first
      floors and 8.6 metres at second floor. Due to the large nature strip at the intersection
      the minimum setback to the footpath is 17.8 metres.

•     Ground floor comprises 16 single-bedroom motel apartments, all of which are arranged
      in a dual-key arrangement so that they can be utilized as two-bedrooms apartment.
      Each apartment has a courtyard.

•     First floor comprises of eight two-bedrooms apartments.

•     Second floor comprises of seven two-bedrooms apartments, all with

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3.2 (Cont.)
Built form and materials

The building walls consist of a combination of precast concrete metal trimmings at ground
and first floors, metal cladding and trimmings at second floor, and aluminium windows and
door frames. Colours are of muted tones.

Childcare Centre

•    Two storey building setback between 6.6 metres and 12.3 metres from Bentons Road,
     nine metres from the northern boundary and 2.5 metres from the eastern boundary.

•    Five children’s rooms allowing for 97 places (as shown on plans).

•    Opening times 7.00am to 6.30pm, Monday to Friday.

•    29 car parking spaces at ground level to the rear of the property.

•    Ground floor reception to the rear adjacent to the parking area with path to roadside

•    Four children’s play areas (two each at ground level and first floor).

Waste collection

Waste will be collected onsite from the driveway to the childcare centre and from the loading
bay within the motel basement by a private contractor utilising a mini rear-loading waste
collection vehicle.

Vegetation removal

It is proposed to remove all vegetation from the site except for Tree 17 (Red Ironbark)
adjacent to the east boundary.



The Application was advertised by way of letters to adjoining and nearby landowners and
occupiers, as well as two signs (one at each frontage boundary).


Fifty-nine objections have been received in relation to the proposal. The issues raised in the
objections can be summarised as:

•    overdevelopment with insufficient setbacks

•    three-storey building inconsistent with character of the area

•    loss of vegetation

•    amenity impacts from noise (including from rear carpark), overlooking, overshadowing,
     light spill and thrown objects

•    traffic and car parking concerns, including impacts to the ambulance station

•    the acoustic report has proposed hours of childcare centre as 8.00am to 5.00pm, but
     the submission report says 7.00am to 6.30pm.

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3.2 (Cont.)
•     proposed use:

      o     incompatible uses which will create safety issues

      o     potential for long term tenancies with inadequate facilities with inconsistencies in
            the report on length of stays

      o     lack of potential to retrofit for long term residencies if the proposed use is

      o     site is inappropriate for commercial uses and additional childcare centre and
            motel use is not required.

•     construction impacts

•     loss of views.

The objector concerns will be addressed in this report.


A community information session was held on Friday 4 June 2021, to provide the community
with an opportunity to discuss the Application with the Applicant and Mornington Peninsula
Shire (Shire) officers.

Matters were discussed in relation to use and amenity impacts, tenancy lengths, car parking
and traffic, vegetation removal and landscaping, and construction impacts.

External Referrals

No referral to any external referral authority is required by the Planning Scheme relating to
this Application.

An objection was received from Ambulance Victoria relating to traffic impacts affecting the
ambulance station opposite the site.

The Application was advertised to Department of Transport. No objections or proposed

Internal Referrals

Design Advisory Panel and Urban Designer

The Application was reviewed by the Design Advisory Panel (DAP) and Council’s Urban
Designer in June 2018, at which time a number of design concerns were raised. The design
has been significantly modified since that time. Regarding the current plans, the Urban
Designer advised that:

•     The revised development has taken into consideration the previous advice from
      Council and the DAP and I believe the revised design response is now an appropriate
      outcome for the site and the context.

•     There is a meaningful break in built form between both buildings, which is able to be
      landscaped and provide relief along the Nepean Hwy frontage.

•     The built form becomes ‘lighter’ and opens up in terms of setbacks and materiality as it
      gets higher. This allows for the development to respect the streetscape and remain

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3.2 (Cont.)
     consistent with the character of the area, even if it is higher than typical residential
     development in the area.

•    The landscape design response appears to provide substantial areas of landscaping
     that will create a layered effect and add aesthetic appeal to the site. The landscaping
     incorporates native and indigenous plants which is also supported.

•    The bulk of the car parking located to the rear of the site is a welcome revision and one
     that allows the front of the site to incorporate substantial areas of landscaping to soften
     the built form.

•    Overall, I offer no objections to the amended design response and support the
     development as currently proposed.

Vegetation Officer

Confirmed that there are no protected trees on the subject site. Was supportive of the
retention of Tree 17 and had no objection, subject to specified conditions on any approval to
be issued.


Provided comments which have been summarised below:

•    The post development Nepean Highway-Bentons Road intersection operates under fair
     conditions in both peak times (pursuant to the SIDRA analysis submitted by One mile

•    The shortfall of one parking space and provision of five tandem parking spaces for the
     motel is acceptable subject to, the parking spaces in the adjacent childcare centre
     carpark being always available for peak time/overflow parking for the motel.

•    In regard to the Ambulance Victoria concerns, the Applicant should be required to
     arrange for:

     o     a ‘no standing any time’ sign on the north side of Bentons Road – which would
           ensure safe and easy exit of Ambulances for the Ambulance Station

     o     'Ambulance Station, W5-37B' signs on either side of the signal poles to warn

Development Engineering

No objection, subject to specified conditions on any approval to be issued.

Environmental Health

No objection, subject to specified conditions including noise levels on any approval to be

Social Housing and Community Development

No objection. Supportive of recommendation to include a contribution towards crisis
accommodation and has contributed towards the drafting of related conditions. Stated that it
is a valuable offer worthy of trialling as a means of increasing housing diversity for high
quality temporary last-resort housing, without relying upon a significant government funded
investment for the same.

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3.2 (Cont.)

Refer to Attachment 3 – Planning Policy for policy detail.

Permit Triggers

Clause 32.08-2 (GRZ1):

•       Use of the land as a childcare centre (nested under education centre).

Clause 32.08-9 (GRZ1):

•       Buildings and works for the construction of motel apartments (existing motel use) and
        proposed childcare centre.

Clause 52.06-5 (Car parking):

•       Reduction in car parking associated with the motel.

Clause 52.34 (Bicycle facilities):

•       Variation to bicycle facilities associated with the motel.

                                State Planning Policy Framework
    Clause 11.03-5S Distinctive areas and landscapes
    Mornington Peninsula Localised Planning Statement (Victorian Government, 2014)
    Clause 13.05-1S Noise abatement
    Clause 13.07-1S Land use compatibility
    Clause 15.01-1S Urban design
    Clause 15.01-2S Building design
    Clause 15.01-5S Neighbourhood character
    Clause 15.02-1S Energy and resource efficiency
    Clause 17 Economic development
    Clause 19.02-2S Education facilities
                                Local Planning Policy Framework
    Clause 21.02 Profile of the Mornington Peninsula
    Clause 22.12 Non-residential uses in residential zones
    Clause 22.13 Township environment
    Clause 32.08 General Residential Zone 1 (GRZ1)
                                       Particular Provisions
    Clause 52.06 Car parking
    Clause 52.34 Bicycle facilities
    Clause 53.18 Stormwater management in urban development
    Clause 55 Two or more dwellings on a lot and residential buildings

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3.2 (Cont.)
                                       General Provisions
    Clause 65.01 Decision guidelines
    Clause 73.03 Land use terms


The following key issues arising from this application are discussed below:

•       whether the new use and intensification of the existing use is appropriate

•       whether the built form is appropriate

•       whether amenity impacts are appropriate

•       whether the vegetation removal and landscaping is appropriate

•       whether car parking provision and impacts to traffic is acceptable

•       consideration of objections.

Is the new use and intensification of the existing appropriate?

The subject site has a history of commercial uses. There is currently a 13-room motel along
the eastern side of the site, with associated facilities comprising of a barbeque and swimming
pool in the center of the site. To the west of the motel facilities is a separate building, which
was historically used as a restaurant associated with the motel and has in more recent times
been used as a food and drinks premises (‘Oasis Bakery Pop-up’) and an artist’s studio.

The Application proposes to retain the motel use onsite and increase the intensity of that use
in the form of ‘Serviced Apartment’ style accommodation, in two three-storey building on the
western side of the property. In the location of the current motel units it is proposed to
construct a two-storey building for use as a childcare center. The motel is proposed to have
53 apartments (including 13 pairs of apartments at ground floor in a dual-key arrangement).
The childcare centre is proposed to have five children’s rooms allowing for 97 places with
opening times of 7.00am to 6:30pm Monday to Friday.

The proposed intensification of the motel use in the less sensitive western side of the site
and the provision of a childcare centre on the eastern side of the site is consistent with the
purpose of the GRZ which is to allow educational, recreational, religious, community and a
limited range of other non-residential uses to serve local community needs in appropriate

The proposed motel buildings are classified as a type of residential building and therefore the
objectives, standards and decision guidelines of Clause 55 apply to these buildings. When
considering non-residential uses and development within the GRZ, the Shire must consider
whether the use or development is compatible with residential use and whether the use
generally serves local community needs.

To assist with determining whether a non-residential use or development is compatible with
residential use, Clause 22.12 (Residential Uses in Residential Zones) has an objective to
ensure that non-residential uses are appropriately located having regard to the intensity and
hours of operation of the proposed activity; and to reduce the potential adverse impacts on
the amenity of residential properties. Clause 13.07-1S (Land use compatibility) also has an
objective to protect community amenity, human health and safety while facilitating
appropriate commercial, industrial, infrastructure or other uses with potential adverse off-site

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3.2 (Cont.)
impacts. This Clause includes a strategy to ensure that use or development of land is
compatible with adjoining and nearby land uses.

Clause 55 includes an objective to limit views into existing secluded private open space and
habitable room windows. It is noted that all buildings are setback from the north boundary a
minimum of nine metres and therefore comply with Standard 22 (Overlooking) of Clause 55.
Notwithstanding compliance, objectors have rightly noted that there will be a significant
amount of overlooking to the north, particularly given that there is a large first floor children
play area on the north side and nine motel apartments at first and second floors with a
primary outlook to the north. This is a reasonable concern given that the motel apartments
are not dwellings and will instead be used by short-stay occupants, which is likely to attract a
more regular use of the balconies facing the north and a greater attention to the outlook
presented from the upper levels.

It is therefore recommended that a higher privacy standard be applied between both the
childcare centre and motel and adjoining dwellings. It is recommended that louvre screens
be applied to the Building B north elevation first and second floor balconies and windows and
the childcare north elevation, to prevent downward views of the abutting properties to the
north, which would enable light to filter through into the respective motel apartments. The
provision of these screens will also help to address the objector concern that visitors to the
motel will throw objects into neighbouring properties.

The childcare centre also has proposed setbacks to the east of 2.5 metres with two play
areas and windows at first floor which enable overlooking of the abutting dwelling to the east.
It is recommended that these windows and play areas are also screened to prevent
overlooking to the east.

The Application includes an acoustic report which assessed noise impacts from the childcare
centre between the hours of 8.00am and 5.00pm, including from mechanical plant and
kitchen exhaust. While this time period is shorter than the 7.00am to 6:30pm operating hours
for the childcare centre, it is noted that child numbers would be significantly less outside of
the peak period of 8.00am to 5.00pm and that it would be unusual for any child to be in an
outdoor play area outside of the peak play period during the pick-up period.

The acoustic report assumes barrier heights on level one outdoor areas of 1.2 metres and
boundary fence heights of two metres. The plans show acoustic fences to the north and east
boundaries but do not indicate the height. It is recommended that the details of the fences be
clearly demonstrated on plans. This will assist with addressing objector concerns regarding
noise from the rear carpark.

The acoustic report advises that the proposal will comply with the State Environment
Protection Policies N-1 (Control of Noise from Commerce, Industry and Trade) (SEPP N-1),
which is the standard required by Clause 13.05-1S (Noise abatement), without the need for
any additional treatments at first floor. Specifically, the report notes that current background
noise levels during the Day Period are 59dB(A) on account of traffic noise and that
anticipated noise levels from the childcare centre will not at any time exceed 53dB(A).
Therefore, while first floor childcare centres often require acoustic treatments at first floor, the
report concluded that in this instance such treatments are not required because of the
existing traffic noise. While existing noise levels under existing circumstances would reduce
the impacts of noise generated by the use, Council officers suspect that the proposed
buildings would reduce the traffic noise on the surrounding residential uses to less than
53dB(A), which would make the impact of noise from the childcare use more prominent.

It is therefore suggested that another acoustic assessment be conducted once all three
buildings are at lock-up stage and that any recommendations of the report be implemented.
Noise levels will be controlled by conditions proposed by the Shire’s Environmental Health

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3.2 (Cont.)
The Application also includes a Traffic Noise Intrusion Assessment which considers noise
impacts on the proposed uses. The assessment lists required glazing treatments which will
be addressed in conditions.

Objectors have also raised concerns regarding potential light spill, which can often be an
issue when commercial buildings interface with residential properties. Recommended
conditions require that there be no adverse impacts to adjoining properties from light and that
the site will not be illuminated in a way that causes any adverse visual prominence of the
site. The Application incudes a Lighting Plan which details all proposed external lighting. This
plan includes several floodlights. While the lighting of building facades facing Nepean
Highway is acceptable, flood lights at the residential interfaces comprising of one lighting the
front of the childcare centre and five lighting the east elevation of the Building B should be
removed and replaced with bollard lights if needed.

Objectors have raised concerns that an additional childcare centre and increased motel use
is not required. This is an issue often raised by objectors to childcare centres and has been
addressed by the Victorian Civil and Administrative Tribunal (VCAT) on numerous occasions,
which has consistently advised that this is not a relevant planning consideration. It is instead
expected that being a large site at a prominent location, the new motel buildings will provide
accommodation for visitors to the area, supporting local tourism and businesses, and the
childcare centre will provide a service for local residents and workers. This is consistent with
the purpose of the zone to allow non-residential uses to serve local community needs in
appropriate locations.

Concerns have also been raised regarding the potential for long term tenancies at the motel
apartments with inadequate facilities and the lack of potential to retrofit for long term
residencies if the proposed use is unsuccessful. Inconsistencies in the report on length of
stays have also been noted. The Mornington Peninsula is a significant holiday destination.
This is recognised by Clause 21.02, which describes Mornington Peninsula as a key
recreation area, often described as Melbourne’s playground, meeting both local and
metropolitan needs. Not only is it inappropriate to require a proposal for one use (motel) to
be designed for an alternative use (dwellings), it is anticipated that there will be a continuous
demand for the proposed uses.

In regard to objector concerns regarding lengths of stay/tenancy and identified
inconsistencies in the report on length of stays, with page 5, stating that both short and long
term stays are proposed and page 35 stating that rooms are for short term stays only, the
Application being assessed is for buildings and works to construct 53 motel apartments for
the existing motel use. Clause 73.03 (land use terms) defines a motel as land used to
provide accommodation in serviced rooms for persons away from their normal place of
residence, and where provision is made for parking guests’ vehicles convenient to the rooms.
It is noted, however, that no permit is required within the GRZ for use as a dwelling. This
means that unless a restriction is placed on title it would be possible to use each of the motel
apartments as dwellings if the motel use ceased on site.

It is agreed that the proposed motel buildings have not been appropriately designed for
dwelling uses, having deficiencies for that use such as inadequate balcony sizes and storage
facilities. Accordingly, it is recommended that a permit condition reinforced via a Section 173
Agreement be required to remove the automatic right to use the motel apartments as
dwellings. Accommodation will then be limited to persons away from their normal place of
residence in accordance with the approved use as a motel.

Questions have also been raised by objectors regarding the compatibility of the proposed
uses and the potential for safety issues for the children of the childcare centre on account of
it being next door to a motel which will have apartments overlooking the childcare centre.
Whilst five apartments at second floor will have sightlines of the children’s play areas, it is
notable that these are motel apartments which will have a lower usage during the daytime
hours when the play areas will be in use. Furthermore, the ground level play area in the

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3.2 (Cont.)
frontage will have a semi-transparent fence open to the public, it is not proposed to impose
any overlooking of an existing facility, and safety in childcare centres is strongly regulated by
other legislation and not stipulated in planning policy and decision guidelines.

It is possible that the above concern regarding compatibility of onsite uses was in some way
influenced by the fact that the current motel buildings are old and have for some years been
providing affordable basic accommodation, which has been attractive for community groups
looking for temporary crisis accommodation options. This fact has been recognised by
Council’s Senior Social Planner Housing Justice and Advocacy officer (Social Planner), who
has expressed concern that the current Motel operation is no longer viable, and that this
valuable service will soon be lost to the community.

In recognition of both the past service to the community that has been occurring onsite and
the ongoing need for such services, the Applicant has agreed to a condition of approval
requiring that the site continue to provide five motel apartments for use as temporary crisis
accommodation in a manner similar to the past onsite practice. This offer was preferred by
Shire officers to an alternative offer to pay a contribution of $70,000 to a registered housing
provider, which was equivalent to providing a subsidy of $96 to a single room for two full

The provision of temporary crisis accommodation would need to be managed through a
homelessness services provider or registered housing provider, and include an agreement of
the categories of guests who will be suitable for staying at the motel, having regard to the
smooth operation of the motel and the abutting childcare centre use. While the range of
persons to whom the service will be offered would be reduced compared to the current
circumstance, Shire officers are confident that there will continue to be a high demand for the
service and welcome the offer that was made. A requirement to provide crisis
accommodation will be included in permit conditions and the proposed Section 173

The Shire’s Social Planner has noted that the applicant has not yet entered into any
negotiation with any service providers. Should the Applicant be unable to find a willing
service provider then the Applicant would need to apply to amend the Section 173
Agreement to provide an alternative equivalent contribution to the community. The Social
Planner has also noted that not all the motel apartments are shown with laundries and
kitchenettes and that the ground floor dual-key rooms with foyers would not be suitable for
crisis accommodation. These issues are addressed in the permit conditions.

The Application also includes an Operational Management Plan (OMP) for the Motel which
provides details regarding the following:

•     accommodation and facilities

•     guest behaviour and conduct

•     complaints resolution process

•     waste collection and management

•     fire management and staff training

•     security and guest belongings

•     car parking and travel

•     cleaning and maintenance.

Notably, the OPM includes that:
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3.2 (Cont.)
•     The duty manager reception will be 24 hours.

•     Noise, parties, loud music and any other activity that creates a negative impact on the
      surrounding area will not be permitted.

•     Should a guest hold a party/event it will be required to be terminated immediately. If it
      continues, they will be required to vacate the premises immediately.

•     No noise that is audible outside the buildings will be permitted before 7.30am and after

•     The duty manager’s name and phone number will be made available for guests during
      check in and also on the website.

The OMP also states that the eight bicycle spaces at ground level will be used by the
childcare centre and that signs will be erected near/on the bicycle spaces that will say
“bicycle spaces for use of the childcare centre only”. These spaces should however be
available for visitors to both the childcare centre and the motel uses. A condition of approval
should instead require the sign to say: “bicycle spaces for childcare centre and motel

Is the built form appropriate?

The purpose of the GRZ includes to encourage development that respects the
neighbourhood character of the area. As the use as a motel is defined as a type of residential
building, the provisions of Clause 55 (Two or More Dwellings on a Lot and Residential
Buildings) apply, although Clause 55.07 (Apartment Developments) does not apply as the
proposal does not include dwellings and an apartment is defined as a dwelling located above
the ceiling level or below the floor level of another dwelling and is part of a building
containing two or more dwellings.

When considering non-residential use and development within the GRZ, Council must
consider the scale and intensity of the use and development; the design, height, setback and
appearance of the proposed buildings and works; and the proposed landscaping.

The site does not have any Planning Overlays that affect the land. This narrows Council’s
assessment with regard to built form and the ability to consider the sharing of view lines. It is
noted that Planning Scheme Amendment C219, which is seeking authorisation from the
Minister for Planning to progress to public notification, proposes for a Neighbourhood
Residential Zone (NRZ2) to apply to the subject site. If successful, this would mandate nine
metres and two storey height limits and recommend a number of setback requirement. It is
noted that while the height limits are not met the side and rear setback comply with the policy
and that at the time of writing this report no weight is able to be applied to this policy.

Within the GRZ the maximum building height for a motel must not exceed 11 metres and the
building must contain no more than three storeys above ground at any point. The two motel
buildings are proposed to be three storeys high and comply with the maximum height
requirements. The childcare centre is two storeys high with a height of seven metres.

The proposed two-story built form of the childcare centre is normal for new childcare centres.
The setbacks to Bentons Road of 6.6 metres to 12.3 metres for the canopy and eight metres
to 13.5 metres for the front wall provide a transition from the proposed six metres setback for
the motel and the 7.6 metres setback of the abutting property to the east. The front setback
area is proposed to be used as a children’s play area landscaped with two trees.
Notwithstanding the appropriateness of the setbacks, the proposed 14 metres deep two-
storey canopy projecting forward of the ground floor by about two metres is unsuitably
dominant and fails to provide a suitable transition in character from the commercial motel
buildings to the residential buildings to the east. To resolve this issue, the canopy should be
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