Planning Panels Victoria
Amendment C132 to the Knox Planning Scheme Knox Private Hospital 262 Mountain Highway and 2-8 Ainsdale Avenue, Wantirna Date of Inspection 17 March 2014 Date of Report 31 July 2014 Prepared by Robert Kelderman
© Contour Consultants Aust Pty Ltd The information contained in this document is confidential and intended solely for the use of the client identified in the
report for the purpose for which it has been prepared and no representation is made or is to be implied as being made to
any third party. Use or copying of this document in whole or part without the written permission of Contour Consultants
Aust Pty Ltd constitutes an infringement of copyright. The Intellectual property contained in this document remains the property of Contour Consultants Aust Pty Ltd.
Planning Panels Victoria
Amendment C132 to the Knox Planning Scheme Knox Private Hospital 262 Mountain Highway and 2-8 Ainsdale Avenue, Wantirna Date of Inspection 17 March 2014 Date of Report 31 July 2014 Prepared by Robert Kelderman
Contents
1 Introduction ........................................................... 4
2 Subject Site and Surrounds .................................. 6
2.1 Subject Site ................................................... 6
2.2 Surrounds ..................................................... 7
3 Existing Stage 1 Approval.................................... 16
4 Knox Planning Scheme --- Existing Provisions .... 17
4.1 State Planning Policy Framework ............. 17
4.2 Local Planning Policy Framework.............. 19
4.3 Zoning and Overlays ................................... 22
4.4 Plan Melbourne .......................................... 23
4.5 Other Informing Documents ...................... 23
5 Amendment C132 ................................................ 26
6 Amendment Process ........................................... 27
7 Planning Considerations ..................................... 28
7.1 Is a Development Plan Overlay Appropriate for the Subject Site? ................................... 28
7.2 Is the Development Outcome Envisaged Under the Development Plan Overlay Appropriate Having Regard to the Applicable State and Local Planning Policies? ...................................................... 28
7.3 Is the Development Outcome Envisaged by the Development Plan Overlay Appropriate Having Regard to the Amenity and Character of the Area? ................................ 31
7.4 Is the Content and Structure of Schedule 11 to the Development Plan Overlay Appropriate? ............................................... 34
8 Conclusion ........................................................... 38
Amendment C132 to the Knox Planning Scheme Contour Town Planners
Contents continued
Attachment 1 Summary of Qualifications and Experience for Robert Kelderman
Attachment 2 Proposed Schedule 11 to the Development Plan Overlay (as currently preferred by Council)
Attachment 3 Correspondence from Stanton Kroenert, Woods Bagot Australia
Attachment 4 Suggested Amendments to Schedule 11 to the Development Plan Overlay
Amendment C132 to the Knox Planning Scheme Contour Consultants Aust Pty Ltd 4
1 Introduction
1 I have been requested by Equipe Lawyers Pty Ltd, on behalf of the proponent; Healthscope Limited, to consider Amendment C132 to the Knox Planning Scheme, which affects land at 262 Mountain Highway and 2-8 Ainsdale Road, Wantirna. The land is primarily occupied by Knox Private Hospital.
2 I received this request and the associated instructions in correspondence from Equipe Lawyers Pty Ltd dated 15 June 2014.
3 I was not involved in the request for or the preparation of Amendment C132.
4 I recently provided planning evidence on behalf of the permit applicant (Healthscope Limited) at the Victorian civil and Administrative Tribunal (VCAT) hearing relating to Application for Review No. P192/2014.
5 I have been provided with a copy of the directions of the Panel appointed to receive and consider submissions in relation to this matter.
6 I have inspected the subject site and surrounding area.
7 In preparing this report I have, amongst other documents, reviewed the following:
• The relevant provisions of the Knox Planning Scheme.
• The exhibited version of Amendment C132 to the Knox Planning Scheme, including proposed Schedule 11 to Clause 43.04 Development Plan Overlay (DPO) titled; ‘‘Knox Private Hospital Expansion’’.
• The documents supporting Amendment C132 prepared by various members of the proponent’s consultant team.
• Copies provided to me of the submissions to Amendment C132 to the Knox Planning Scheme.
• The Knox City Council Ordinary Meeting Report and Council resolution relating to Amendment C132 dated 22 April 2014, including the Council’s adopted Amendments to Schedule 11 to the DPO in response to submissions.
• The VPP Practice Note titled; ‘Applying Incorporated Plan and Development Plan Overlays (January 2003)’.
• The order of VCAT in Healthscope Limited v Knox City Council dated 8 July 2014 with respect to Application for Review No. P192/2014, being Stage 1 of the Knox Private Hospital expansion.
Amendment C132 to the Knox Planning Scheme Contour Consultants Aust Pty Ltd 5
1 Introduction
• Correspondence to Planning Panels Victoria from Maddocks Lawyers, on behalf of Knox City Council dated 16 July 2014, which has attached to it the Council’s preferred version of Schedule 11 to the DPO. This version differs slightly from the version adopted by the Council on 22 April 2014.
8 A summary of my qualifications and experience is included as Attachment 1 to this report.
9 I am aware that expert evidence is to be provided in relation to other technical considerations as follows:
• Craig Czarny, Hansen Partnership Pty Ltd --- urban design
• John Kiriakidis, GTA Consultants --- car parking and traffic • Alistair Bavage, Marshall Day --- acoustics • Evan Dimitropoulos, John Patrick Pty Ltd --- landscape
10 I defer to the evidence of these experts with respect to their particular
areas of expertise.
Amendment C132 to the Knox Planning Scheme Contour Consultants Aust Pty Ltd 6
2 Subject Site and Surrounds
11 The subject site is located on the south-east corner of Mountain Highway and Boronia Road and opposite Wantirna Road in Wantirna. It comprises land known as 262 Mountain Highway, 2, 4, 6 and 8 Ainsdale Avenue, Wantirna and the intended discontinued section of Kidderminster Drive between 4 and 6 Ainsdale Avenue, Wantirna.
12 The discontinued section of Kidderminster Drive is proposed to be acquired from Knox City Council by Healthscope Limited. The Council resolved at its meeting on 24 September 2013 that this area of road is not required as a road for public purpose and to commence the statutory procedures to discontinue and sell the road to Healthscope Limited.
13 The main part of the site at 262 Mountain Highway is presently developed and used for a hospital known as the Knox Private Hospital. The hospital was established on the site in approximately 1985. The hospital presently provides 311 operational hospital beds, 11 theatres, a 24 hour emergency department, a 10 bed intensive care unit, a 10 bed coronary care unit and a day procedure unit. This part of the site also accommodates approximately 708 car parking spaces within two separate car parking areas located to the north and south of the hospital building. Vehicle access to the site is provided from both Mountain Highway and Boronia Road.
14 The properties at 2-8 Ainsdale Avenue are owned by Healthscope Limited. The properties at 2 and 4 Ainsdale Avenue have been used as dwellings, 6 Ainsdale Avenue has been used for consulting suites and 8 Ainsdale Avenue has been used for storage purposes associated with the hospital.
15 The main part of the site is irregular in shape with a frontage to Mountain Highway of approximately 300 metres and a frontage to Boronia Road of approximately 80 metres.
16 The properties at 2, 4, 6 and 8 Ainsdale Avenue and the discontinued section of Kidderminster Drive have a combined frontage to Ainsdale Avenue of approximately 84 metres.
17 The subject site has an overall area of approximately 4.15 hectares.
18 The subject site generally slopes in a south-westerly direction toward the north-east corner with a fall of approximately 12 metres. Along the Ainsdale Avenue frontage, the fall is approximately 3.7 metres towards Boronia Road. Along the southern boundary, the site falls from the middle section (approximately at the rear of 100 Kidderminster Drive) to the east and west by 2.84 metres and 3.32 metres respectively.
2.1 Subject Site
Amendment C132 to the Knox Planning Scheme Contour Consultants Aust Pty Ltd 7
2 Subject Site and Surrounds
19 The properties located adjacent to the intersection of Mountain Highway / Boronia Road / Wantirna Road opposite Knox Private Hospital are generally used for commercial and community uses. These include Wantirna Health and other medical centres, Wantirna Mall Shopping Centre, fast-food outlets (McDonald’s and KFC), restaurants, shops, service stations and other non-residential uses.
20 The subject site is located in an area identified as a ‘medical employment precinct’ in the Knox Planning Scheme.
21 The Wantirna Mall Shopping Centre forms part of a Neighbourhood Activity Centre.
22 The site also has access to public transport, including numerous bus services which operate along Mountain Highway, Boronia Road and Wantirna Road forming part of the Principal Public Transport Network. Bayswater Railway Station is located approximately 3.5 kms north-east of the site and is accessible by bus services operating along Mountain Highway.
23 The properties and areas located east and south of the site are within a General Residential Zone - Schedule 2 (formerly Residential 3 Zone) and generally comprise residential dwellings. The hospital adjoins seven properties to the east, being 10, 12 and 14 Ainsdale Avenue, 4, 5 and 6 Putney Close and 92 Kidderminster Drive, and ten properties to the south, being 94, 96, 98, 100, 102, 104, 106, 108, 110 and 112 Kidderminster Drive. These properties each contain a single or double storey dwelling with the exception of two properties adjoining the site to the south in Kidderminster Drive (94 and 98) which comprise medical consulting suites.
24 Pedestrian access and vehicle access to the car park associated with 98 Kidderminster Drive is provided from the hospital site, via the existing southern car park. Pedestrian access to 94 Kidderminster Drive is also provided from the southern car park of the hospital site.
25 The properties further to the south on the opposite side of Ainsdale Avenue, generally opposite 2 - 8 Ainsdale Avenue, comprise residential dwellings.
2.2 Surrounds
Amendment C132 to the Knox Planning Scheme
Contour Consultants Aust Pty Ltd 8
2 Subject Site and Surrounds
Figure 2.1 LOCALITY PLAN
Figure 2.2 CADASTRAL PLAN
Subject Site
Subject Site
Amendment C132 to the Knox Planning Scheme
Contour Consultants Aust Pty Ltd 9
2 Subject Site and Surrounds
Figure 2.3 AERIAL PHOTOGRAPH (NEARMAP P/L) --- SUBJECT SITE
Figure 2.4 AERIAL PHOTOGRAPH (NEARMAP P/L) - LOCALITY
Subject Site
Subject Site
Amendment C132 to the Knox Planning Scheme Contour Consultants Aust Pty Ltd 10
2 Subject Site and Surrounds
Figure 2.5 SUBJECT SITE - FRONTAGE TO MOUNTAIN HIGHWAY
Figure 2.6 SUBJECT SITE --- FRONTAGE TO BORONIA ROAD
Figure 2.7 SUBJECT SITE --- ENTRY TO CAR PARK FROM BORONIA ROAD
Figure 2.8 VIEW ALONG BORONIA ROAD
SUBJECT SITE
Amendment C132 to the Knox Planning Scheme Contour Consultants Aust Pty Ltd 11
2 Subject Site and Surrounds
Figure 2.9 COUNCIL LAND LOCATED AT NORTH WEST CORNER OF BORONIA ROAD AND AINSDALE AVENUE
Figure 2.10 VIEW WEST ALONG BORONIA ROAD
Figure 2.11 VIEW OF PROPERTIES OPPOSITE THE SUBJECT SITE IN AINSDALE AVENUE
2 AINSDALE AVENUE EXISTING HOSPITAL
2 AINSDALE AVENUE
Amendment C132 to the Knox Planning Scheme Contour Consultants Aust Pty Ltd 12
2 Subject Site and Surrounds
Figure 2.12 VIEW TOWARDS SUBJECT SITE FROM AINSDALE AVENUE, INCLUDING THE PROPOSED DISCONTINUED SECTION OF KIDDERMINSTER DRIVE
Figure 2.13 VIEW TOWARDS PROPERTIES IN AINSDALE AVENUE FROM BADMINTON COURT
Figure 2.14 VIEW GENERALLY NORTH-WEST TOWARD THE EXISTING HOSPITAL BUILDINGS (FROM THE EASTERN BOUNDARY OF THE SITE)
