Media Response |

- From City of Ballarat Director Infrastructure and Environment Terry Demeo

Council has received a Planning Permit application PLP/2018/502 for the development of a retail premises, installation of business identification signage and dispensation of car parking at 110 Skipton Street and 5 Urquhart Street, Ballarat Central.  110 Skipton Street is zoned Commercial 1 C1Z and the property at 5 Urquhart Street is zoned General Residential GRZ1. While the proposed retail premises would be contained entirely within 110 Skipton Street, a driveway would be constructed over an existing easement on 5 Urquhart St to provide access to the proposed car park on 110 Skipton Street, to avoid creating any new crossover onto the arterial road. The application was subject to public notice and has received one objection which included a petition containing nine signatures. In relation to your questions, please see responses below: 

The developer owns the commercial land on Skipton St and the residential land on Urquhart St. Is this a common way for businesses to set up access laneways?

Carriageway easements are not uncommon in the older parts of Ballarat and it would appear the easement had been created some time ago to provide access to 110 Skipton Street through 5 Urquhart Street.  As part of the Statutory Planning process the status of the existing easement is being investigated to identify whether the easement provides legal right of access to 110 Skipton Street through 5 Urquhart Street.

Does the heritage overlay in the neighbourhood affect these sorts of plans? Are impacts on amenity (ie noise, trucks) taken into consideration? and 3. Is council aware of what sort is business is being proposed for the Skipton St site?

The subject site is affected by the Heritage Overlay and as such the impacts of the proposed development on the heritage precinct are taken into consideration as part of the assessment of the application. Under the provisions of the Commercial Zone there are numerous uses the building could be used for where no planning permit would be required. In this instance, for the purposes of calculating the car parking requirements the applicant has advised the building will be used for a retail premises. The applicant has sought permission for a reduction in the car parking requirements under the Planning Scheme and as part of the assessment of the proposal the amenity implications caused by the reduction in car parks and associated access arrangements are given consideration.

4. What options do residents have post-mediation?

The concerns raised in the written objection and discussed at the mediation where they relate to planning matters are taken into account as part of the decision making process. The matter may be decided under delegation, however it could be determined by Council if considered appropriate.  All parties, including objectors to a planning application are notified in writing of Council’s decision and all parties have an opportunity to lodge an appeal with the Victorian Civil & Administrative Tribunal (VCAT) to have the decision reviewed.