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Council Refuses Planning Applications for Convenience Restaurant and Service Station

Friday, 20 March, 2020 - 11:00

Two planning applications; one for a convenience restaurant and the other for an amendment to an existing permit for a service station in Mansfield, were refused permission in front of 80 people at Tuesday’s Council meeting.

A current planning permit exists for the service station. It was issued by Council on 30 July 2018. The applicant was seeking an amendment to the existing permit to change the layout of the service station to accommodate heavy vehicle refuelling.

Both the service station and convenience restaurant are permitted uses in the Commercial 1 zone.

Council received more than 261 submissions for the convenience restaurant application, of which 254 were objections and 29 people addressed the meeting regarding this application.

Mayor, Cr Marg Attley OAM said Council refused the application for the Station Street restaurant for a range of reasons including traffic movement issues, inaccurate descriptions of the land involved, not addressing the decision guidelines for such a development in the Commercial 1 zone and impacts on local amenity. The application also failed to comply with clause 53.18 of the Mansfield Planning Scheme regarding stormwater, environment and drainage.

“Most of the objections we had from the community focused on the environmental impact of the development, traffic and amenity and also from a community health perspective; they were concerned about noise, odours and the building overlooking nearby residential properties,” Cr Attley said.

“We thank the community for their input as we work together within the Planning Scheme rules to enhance the liveability of our Shire. This level of interest highlights the partnership we have with community to deliver on their vision,” she said.

The Council meeting was moved to the Mansfield Performing Arts Centre to accommodate the public interest but due to coronavirus advice on social distancing, many people listened to the Council meeting on Mansfield Community Radio or watched via Facebook.

“I would like to thank Mansfield Community Radio for their broadcast and for all those residents who demonstrated their interest either in person or by listening remotely. It was really important to us that we could provide alternative ways for the community to engage on these two planning matters.”

The application, seeking an amendment to an existing planning permit for a service station in High Street, received 25 objections. Eight people spoke to this application at the meeting.

“Again, the community raised issues of amenity; mainly noise from heavy trucks, traffic and light pollution from a proposed 7m illuminated sign. Site layout and access were also raised,” Cr Attley said.

“The basis for our decision to refuse the application was that the Traffic Impact Assessment Report was lacking, two-way traffic movement couldn’t be supported on the site and that it didn’t demonstrate how amenity issues, such as noise and light pollution, would be adequately managed.”

Cr Attley said the planning process means that the applicants and submitters can take the cases to the Victorian Civil and Administrative Tribunal (VCAT) for final determination.



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Last Updated: Friday, 20 March, 2020 - 11:14