Application by the City of Greater Geelong to:
· Rezone land
· Consolidate allotments
· Remove reserve restriction from land
Location:
1-19 and 33-39 Rollins Rd and Bingley Court Bell Post Hill
March 2011
CONTENTS
Page1. / Introduction / 2
2. / Property Description / 3
3. / Site Conditions / 3
4. / Surrounding Development / 4
5. / Availability of Services / 4
6. / Proposal / 4
7. / Justification / 5
8. / Justification – State and Local Planning Policies / 6
Attachment 1: Title Searches / 10
Attachment 2: Aerial View of Land and Land Uses / 16
Attachment 3: Existing Zones and Overlays / 17
Attachment 4: Proposed Zones and Overlays / 18
Attachment 5: Plan of Consolidation and removal of reserve restriction / 19
1. INTRODUCTION
This application seeks the rezoning of land in two ownerships located at 1-19 and 33-39 Rollins Road and Bingley Court, Bell Post Hill.
The City of Greater Geelong (“the Council”) is the owner of the land at 1-19 and 33-39 Rollins Road (“the Council’s land”) comprising:
· Lot 11 on PS518321S area 3.636ha at 1-19 and Rollins Road.
· Reserve 1 on PS96433 area 1,317m2 at 33-39 Rollins Road.
· Reserve 2 for Municipal Purposes on PS96433.
Lot 11 on PS518321S is land purchased by the former Shire of Corio in 1974 to provide for the construction of the original Geelong arterial ring road known as “R1”. Revised planning strategies later established the eventual route of the Geelong Ring Road (“GRR”) freeway further to the west.
Reserve 1 on LP96433 was created in 1972 as part of a 24 lot subdivision fronting Rollins Road.
Reserve 2 on LP96433 is reserved for Municipal Purposes and is approximately 0.3m wide and 500m long.
The Council’s land is surplus to Council requirements and is proposed to be sold following rezoning, removal of the reserve restrictions from title and consolidation.
David Williamson and JennyWilliamson (Bigelow) are the owners of Lot 10 (Part) area 1.762ha on PS518321S (“Williamson’s land”) being land located between Council’s land and the GRR with a street address of 305 Ballarat Road. This application is made with the support of the owners of the Williamson’s land.
This application is seeking to have those parts of both the Council’s and the Williamson’s currently zoned Farming Zone (RZ) rezoned to Residential 1 Zone (R1Z). It is also proposed to rezone Reserve 1 on Council’s land from Public Park and Recreation Zone (PPRZ) to Residential 1 (R1Z).
The application also proposes to:
· Remove the Public Acquisition Overlay (PAO) from part of both owners’ land;
· Extend the adjoining Design Development Overlay 14 (DDO14) over the Residential 1 Zone on both owners’ land;
· Remove the reserve restriction from the titles to Reserves 1 and 2 on Council’s land; and
· Consolidate Council’s land into one allotment (planning permit not required).
2. PROPERTY DESCRIPTION
The Council land to be rezoned is located at 1-19 Rollins Road, Bell Post Hill comprising the following Lot and Reserves:
· Lot 11 on PS518321S area 3.636ha Vol 08968 Folio 295.
· Reserve 1 on PS96433 area 1,317m2 Vol 09488 Folio 596.
· Reserve 2 on PS96433 Vol 10228 Folio 717.
The Williamson’s land to be rezoned is Lot 10 (Part) area 1.762ha on PS 518321S Vol 09622 Folio 815.
Copies of the title searches are provided in Attachment 1.
3. SITE CONDITIONS
Refer to Attachment 2 for an aerial view of land.
The land has a total area of 5.53ha (excluding Reserve 2) and is located approximately 6km north west of the Geelong Central Area on the western extent of the Geelong urban area. The land is relatively flat and slopes gently to the north.
Residential houses lie to the east of the land which has an open rural outlook to the west. The GRR, located immediately to the west of the land, is situated in a 7m deep cut and traffic on that road is not visible from the land. The Midland Highway interchange is located to the south of the land and both owners’ land has frontage to the unmade portion of Bingley Court to the north.
The Montpellier Lovely Banks water transfer main and easement controlled by Barwon Water runs through the southern part of the Council’s land and up the western boundary. The width of the easement varies between 15m in the south to 10m in the north.
The Williamsons’ land is entirely encumbered by a power easement on which is located a 220 kV transmission power line and other local supply poles and lines.
Visionstream Pty Ltd has installed an optical fibre cable (Nextgen) on the Council’s land near Reserve 2 at a depth of between 0.9 and 1.2m. The cable was installed in 2002 without the benefit of an easement and buildings are not permitted to be constructed over the asset.
At the eastern boundary of the Council’s land where it adjoins the existing residential houses is Reserve 2 on LP96433 (width 0.305m) which was designed to prevent access to the previously planned R1 ring road from the adjoining residential lots.
Several of the adjoining owners have encroached onto the Council’s land and Reserve 2 with structures, gardens and fences.
All the land is grass covered with a small stand of trees along the Rollins Road frontage. Apart from providing a works depot site during the construction of the GRR, the land has never been improved or actively used for recreation or any purpose since it was purchased in 1974.
4. SURROUNDING DEVELOPMENT
Refer to Attachment 2.
· The land lies on the western edge of the Geelong urban area which is now substantially defined by the GRR.
· The eastern boundary is defined by Rollins Road and Reserve 2 which forms the western boundary of 24 lots at 39-87 Rollins Road all of which have houses constructed thereon.
· The northern boundary consists of Bingley Court being an unconstructed government road providing access to the land and other properties. Bingley Court now terminates at the freeway boundary.
· The western and southern boundaries adjoin the GRR reserve.
· The land to the west of the GRR is used for agriculture, Myers Recreation Reserve and a primary school.
5. AVAILABILITY OF SERVICES
The land is able to be serviced with all services including sewer, water, drainage, power, gas and telephone either from public streets or through appropriate easements over private property.
Rollins Road is a bus route.
6. PROPOSAL
Refer to Attachments 3 & 4 Existing and Proposed Zones and Overlays.
Council’s Lot 11 is currently zoned partly zoned Residential 1 and Design Development Overlay 14, Farming Zone and Public Acquisition Overlay (PAO). Reserve 1 is zoned Public Park and Recreation Zone (PPRZ) and Reserve 2 is zoned Residential 1 along its entire length.
Williamson’s land is partly zoned Residential 1 and Design Development Overlay 14, Farming Zone and Public Acquisition Overlay (PAO).
The application for rezoning is to have those parts of both owner’s land that are zoned either Farming Zone or Public Park and Recreation Zone rezoned to Residential 1 Zone, remove the PAO and extend the Design Development Overlay 14 currently applied to adjoining land zoned R1Z.
In relation to Council’s land application is also made under s96A of the Planning and Environment Act for a planning permit to remove the reserve restrictions that apply to Reserve 1 and 2. It is also proposed to consolidate Lot 11 and Reserves 1 and 2 into a single allotment for which a planning permit is not requried. Refer to Attachment 5 for the relevant plans.
Following approval of the amendment and approval of planning permits that the Council’s land will be sold. Consequently there is no use or development proposed by the Council as owner under this application.
Likely Future Use of the Land
Enquiries have been received from prospective purchasers of the Council’s land to use the southern part for non residential uses permitted under the Residential 1 Zone. The southern portion of the site is encumbered by the water supply easement and this land which cannot be built on may be used to provide access and parking in conjunction with any associated use and development on land not encumbered.
It is likely that the balance of the land will be used for conventional residential development.
Transmission lines located on Williamsons’ land at their closest point are approximately 15m from the common boundary with the Council’s land and residential dwellings are permitted to be constructed within 15m of transmission lines. Council’s land at its narrowest point is 48m wide providing sufficient room for a road reserve of 16.15m and residential lots of minimum depth of approximately 31m. This depth could be increased by up to at least 10m if the road servicing the Council’s land was to be constructed on Williamsons’ land.
The Williamson’s land has restricted use potential due to the presence of the transmission line and easement which prevents the building of permanent structures. The land may complement the development of Council’s land providing for access, drainage and possibly open space.
7. JUSTIFICATION
Removal of the Farming Zone from the land and replacing it with a Residential 1 Zone, and the removal of the Public Acquisition Overlay are justified by the completion of the GRR. The current boundary between the Farming and Residential 1 Zones on the land is based on an earlier road design which was not implemented. Observation of the overall western edge of the Geelong urban area shows that for serviceable land the urban zones including Residential 1, Residential 3 or PPRZ zones are defined by the GRR boundary.
In relation to Reserves 1 and 2 on Council’s land, under s24A(2) of the Subdivision Act the Council may remove a reserve or restriction on a certified or registered plan if the applicant satisfies the Council that the land need no longer be used for the purpose for which it is reserved.
Reserve 1 of area 1,317m2 is reserved for recreational purposes and zoned PPRZ and was laid out on a plan of subdivision in 1972 that anticipated the construction of an arterial road which has been superseded by the GRR. The shape and location of the reserve no longer relates to the intended use of the adjoining land and the reserve has never been improved, identified or used for open space.
For the purposes of the Greater Geelong Planning Scheme, the public land manager is the Manager Sport and Recreation at the City of Greater Geelong who identifies Reserve 1 as no longer being required for the purpose for which it was reserved.
Reserve 2 on the Council’s land was intended to prevent access from the land at 39-87 Rollins Road to the former R1 arterial road. Now that the R1 has been superseded by the GRR, Reserve 2 no longer needs to be used for this purpose.
As a condition of the proposed sale of the consolidated land which will include the former Reserve 1, a s173 Agreement is proposed to be applied to the consolidated lot of area 3.781ha on PC366290J (refer to Attachment 5) requiring that if the land is used or developed for any purpose, a reserve of minimum size 1,317m2 shall be set aside in a location approved by the responsible authority in addition to any land required to be provided as public open space resulting from the subdivision of the land.
With the completion of the Geelong Ring Road there has been developed a lineal park and path along the eastern side of the freeway providing increased recreational opportunities for local residents.
Under the Local Government Best Practice Guideline for the Sale and Exchange of Land, the Council is required to ensure that “…Prior to being offered for sale, property should be appropriately zoned. This will ensure that the ultimate use of the land is determined by that zone and the highest possible sale price is achieved.”
8. JUSTIFICATION – STATE AND LOCAL PLANNING POLICIES
This section refers to the proposed re-zoning of the land in terms of an amendment to the Greater Geelong Planning Scheme.
How does the amendment implement the objectives of planning in Victoria?
Section 4 of the Planning and Environment Act sets out the objectives for planning in Victoria. Objectives of relevance to the amendment include:
(a) to provide for the fair, orderly, economic and sustainable use, and development of land;
(c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria; and
(f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d), and (e).
(g) to balance the present and future interests of all Victorians.
The western edge of the Geelong urban area was for many years undefined as planning for the GRR went through extensive planning and design phases. Now that construction is complete and the western edge of the urban area is defined, a review of the current non urban zones that remain within the Ring Road boundary is timely.
The land has good accessibility to utility services, public transport, education, recreation and other urban infrastructure.
The amendment is considered to satisfy the above objectives by facilitating the sale of surplus municipal land for future use consistent with the proposed Residential 1 Zone.
How does the amendment address the environmental effects and any relevant social and economic effects?