k auME 7/\~ Cl1YCOUNCL

Planning Enquiries

Phone: 03 9205 2200

Web: http://www.hume.vie.gov .au

The Land

Office Use Only Application No.: Date Lodged:

Application to

AMEND a Planning Permit If you need help to complete this form, read How to Complete the Application to Amend a Planning Permit form.

A Any material submitted with this application, including plans and personal information, will be made available for public viewing, including electronically, and copies may be made for interested parties for the purpose of enabling consideration and review as part of a planning process under the Planning and Environment Act 1987. If you have any concerns, please contact Council's planning department.

A This form cannot be used to amend a permit issued at the direction of VCAT.

A Questions marked with an asterisk (*) are mandatory and must be completed.

C) Address of the land. Complete the Street Address and one of the Formal Land Descriptions.

Street Address *

Formal Land Description * Complete either A or B.

A This information can be found on the certificate of title .

A I Lot No.: f.5 I OR

B I Crown Allotment No.:

I Parish/Township Name:

QTitle Plan

I Section No. :

Planning Permit Details @ What permit is being

amended? * I Planning Permit No.: P ~ ')__ l + l

The Amended Proposal A You must give full details of the amendment being applied for. Insufficient or unclear information will delay your application .

Q) What is the amendment being applied for? *

Indicate the type of changes proposed to the permit.

List details of the proposed changes.

If the space provided is insufficient, attach a separate sheet.

Development Cost 0 Estimate cost of

development * If the permit allows development, estimate the cost difference between the development allowed by the permit and the development to be allowed by the amended permit.

~pplication seeks to amend : /

~ ?t the permit allows C'.J plans endorsed under the permit

B'current conditions of the permit D other documents endorsed under the permit

Details: •) AU.OW vr-E 0--f' ~~ f:t:)Q $..A_l.;f_-/Co~SuMM,~ ~~ u ~\.X>R , ~ A~6ci-4,-to..) w rtt-1- ~ Wica.E-~ Fu..)~ C.£ 11-.-.:; h l 7-) €~\':> w€t \<Et.J~ .DA'rn l"'lt i-R-4tl ,~4 AA:>l)R:.....£

■ Provide plans clearly identifying all proposed changes to the endorsed plans, together with; any information required by the planning scheme, requested by Council or outlined in a Council checklist; and if required, include a description of the likely effect of the proposal.

Cost of proposed amended development

Cost of the permitted development Cost difference(+ or-):

Insert 'NA' if no development is proposed by the permit (eg. change of use, subdivision, removal of covenant)

A You may be required to verify this estimate.

Application to Amend a Planning Permit 2008 VIC. Aus Page 1 of 3

Existing Conditions @) Describe how the land Is

used and developed now *

eg. vacant, three dwellings, medical centre with two practitioners, licensed restaurant with 80 seats, grazing.

Title Information © Encumbrances on title *

If you need help about the title, read:

How to Complete the Application to Amend a Planning Permit Form

Have the conditions of the land changed since the time of the original permit application?

If yes, please provide details of the existing conditions.

■ Provide a plan of the existing conditions if the conditions have changed since the time of the original permit application. Photos are also helpful.

Does the proposal breach, in any way, an encumbrance on title such as a restrictrive covenant, section 173 agreement or other obligation such as an easement or building envelope?

Q Yes. {If 'yes' contact Council for advice on how to proceed before continuing with this application.)

o,-~ot applicable (no such encumbrance applies).

II Provide a full , current copy of the title for each individual parcel of land forming the subject site. (The title includes: the covering 'register search statement', the title diagram and the associated title documents, known as 'instruments', eg. restrictive covenants.)

Applicant and Owner Details (!) Provide details of the applicant an_d_t_h_e_o_w_n_e_r_o_f_th_e_l_a_n_d_. _____________________________ _

Applicant * Name:

The person who wants the permit.

Where the preferred contact person for the application is different from the applicant, provide the details of that person.

Please provide at least one contact phone number *

Owner *

The person or organisation who owns the land

Where the owner is different from the applicant, provide the details of that person or organisation.

J~Ti-tle-: M-R~J J First Name: M~ J J Surname:

J Organisation (if applicable): U Q \JDR..J1...A.2S Postal Address: If it is a P.O. Box, enter the details here:

J~u_n_it_N_o_._: --~J J St. No.: I St. Name: ro --so<.. ?-t:rc> I ._I s_ub_u_rb_lL_oc_a_lit_y:---=.;;_[s'A._LL.A __ ~ ___ ___,J I State: V tc I I Postcode: ~"14-?i Contact person's details * Name:

Same as applicant (if so, go to 'contact information')

J Title : J I._F_i_rs_t_N_a_m_e_: _______ ___, J Surname:

J Organisation (if applicable) :

Postal Address: If it is a P.O. Box. enter the details here:

JunitNo.: J St. No.: J St. Name:

I Suburb/Locality: I State: I Postcode:

Contact information

J Business Phone: JEmail :

J Mobile Phone: J Fax:

Name: Same as applicant D JTitle: J First Name: Surname:

Organisation (if applicable): fV'A~A. I /\j -. A1Afvit,/IA Postal Address: If it is a P.O. Box, enter the details here:

J Unit No.: J J St. No.: 3-f,. J J St. Name: RCJB,~\)'A.{.k A IJfuOt ~J s_u_bu_rb_lL_o_c_al_ity_:~----~--~-...)_~J J State: \J C J J Postcode: Tu-:, 4-- J

I OwoeCs Sigaat"'e (Oplioaal), J Date, I

_ dd I mm I yyyy

Application to Amend a Planning Permit 2008 VIC. Aus Page 2 of 3

Declaration ® This for~ 'must be signed by t_h_e_a_P_P...,,li.,_c_a_nt_• __________________________________ _

A, Remember it is against the law to provide false or misleading information, which could result in a heavy fine and cancellation of the permit.

I declare that I am the applicant; that all the information in this application is true and correct; that all changes to the ermit and plan have been listed as part of the amendment proposal at Question 3 of this form; an er (if not myself) has been notified of the permit appli ation.

Signature: Date:

Need help with the Application? If you need help to complete this form, read How to complete the Application to Amend a Planning Permit Form or contact Council's planning department. General information about the planning process is available at http://www.dpcd.vie.gov.au/planning

Contact Council's planning department to disc s the specific requirements for this application and obtain a checklist. Insufficient or unclear information may delay your appli

® Has there been a pre-application meeting with a council planning officer?

Checklist @ Haveyou:

Lodgement Lodge the completed and signed form, the fee payment and all documents with:

QYes I If 'yes', with whom?:

~I D_a_t_e_: -----------~I dd I mm I yyyy

/ ii{F,"i in the form completely?

deaid or included the application fee? A Most applications require a fee to be paid. Contact Council to .. determine the appropriate fee.

pa Attached all necessary supporting information and documents?

D c7eted the relevant council planning permit checklist? t--.J ~gned the declaration (section 8)?

Hume City Council PO Box 11 9 Dallas VIC 3047

1079 Pascoe Vale Road, Broadmeadows VIC 3047

Contact Information:

Telephone: 03 9205 2200

Fax: 03 9309 0109

Email : email@hume.vic.gov.au

DX: 94718

Translation: (03) 9205 2200 for connection to Hume Link's multilingual telephone information service

Application to Amend a Planning Permit 2008 VIC. Aus Page 3 of 3

30 December 2019

Mr Ka ran Bangera Town Planner Hume City Council PO Box 119 Dallas 3047

Dear Karan

L~Plan The town planners specialising in permit applications for licensed premises

PO Box 200, Ballan 3342 M 0410 762 304

E info@liquorplan.com.au W www.liquorplan.com.au ABN: 14 242 281164

azoz N'tr -z Application for Amendment to Permit P22171 ll!JNOOJ Al1:l 3WflH 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

Use of land for the sale and consumption of liquor (Restaurant and cafe licence or app -01Vl!'tt---..1

Function centre where a licence is required under the Liquor Control Reform Act 1998 and extension

to permitted operating hours for the approved Function centre (via an amendment to the existing permit)

Please find enclosed the following:

1. A completed Application Form.

2. Payment for the relevant fee.

3. Title details.

4. A plan showing the area in which liquor will be sold or consumed .

INTRODUCTION

The proposed sale and consumpt ion of liquor under a Restaurant and cafe licence and minor extension of trading hours fo r the approved Function centre is acceptable for this neighbourhood given its "Employment Land" designation, and the modest nature of the proposal.

The proposal will introduce a new licensed premises use into the neighbourhood, but it will be only an increase in the number of what is generally considered the best type of licence (ie Restaurant and cafe) from a public amenity perspective; especially given its very modest nature and scale, any broader "cumulative impact" is likely to be insignificant, except that the proposed food -based licensed premises will provide additional consumer choice.

EXISTING CONDITIONS

The site is a medium-sized lot that abuts the north side of Rushwood Drive, east of Hume Highway, in an industrial area of Craigieburn. There is no existing liquor licence applying to the site .

The site is developed with an industrial building plus ancillary car parking and landscaping. This is currently being fitted out for use as a Function centre use approved under the subject permit. Issued by the Council

,-.• OAIA .-.~ Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANOATA REGO TM System. None of the State of Victoria, LANOATA REGO TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

VOLUME 10390 FOLIO 793 Security no : 124080904688A Produced 24/12/2019 08:16 AM

LAND DESCRIPTION

Lot 53 on Plan of Subdivision 217966L. PARENT TITLE Volume 09964 Folio 666 Created by instrument V347326M 28/07/1998

REGISTERED PROPRIETOR

Estate Fee Simple Sole Proprietor

NARAIN-ADAMMA HOLDINGS PTY LTD of 36 ROBINVALE AV. THOMASTOWN 3074 V854038L 22/01/1999

ENCUMBRANCES, CAVEATS AND NOTICES

MORTGAGE AJ596028Y 12/04/2012 NATIONAL AUSTRALIA BANK LTD

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan or imaged folio set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE LP217966L FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------------------------END OF REGISTER SEARCH STATEMENT------------------------

Additional information: (not part of the Register Search Statement)

Street Address: 16 RUSHWOOD DRIVE CRAIGIEBURN VIC 3064

ADMINISTRATIVE NOTICES

NIL

eCT Control 16089P NATIONAL AUSTRALIA BANK LIMITED Effective from 23/10/2016

DOCUMENT END

Title 10390/793 Page 1 of 1

·~RIA ,. g:_,, .. Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by 'LANDATA®, Victorian Land Registry Services.

Document Type Plan

Document Identification LP217966L

Number of Pages 2 (excluding this cover sheet)

Document Assembled 24/12/2019 08:17

Copyright and disclaimer notice: © State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LAN DATA® System. None of the State of Victoria, LANDATA®, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 7 46 897 accept responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

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CERTIFICATION BY SURVEYOR

1. PCTt'R. JOHN TYUE.LL. of l!'t t:eilor ~d Eucndon North c:artify that this plan has bffn l)RPlftd from I nwwey made under my immediate dcrecti011 and MJpet'l/luort. 1n accordance with the Sun-eyon; Act 191B and completed on 26th t1ay 1969 and thlt trus plan 11 accurate and eorreetlv repreunu the adoptad boundar11!1 ,nd ~ dn:siln:at10n OI Ult ll.l1T9V ii C) O,te, 30th Hay 1989

AMENDMENTS

KEARNEY and TYRRELL PTY. LTD. LAND SURVEYORS PLANNING CONSULTANTS

194 KEILOR ROAD ESSENDON NORTH 3041 TELEPHONE 374 1666

Licerued Surveyor. Surwyon Act 1978.

SURVEYORS REF.

4791 STAGE 2 2

4

RESERVE N!! 1

(MUNICIPAL DRAINAGE AND

SEWERAGE PURPOSES)

l·t?iha

SEE SHEET 2

CERTIFICATE OF MUNICIPAL CLERK OFFICE'UseONLY

MUll)J;lf~L.!I!'... SHIRE OF WHITTLES EA COUNCIL REF. 1.4505.1000 ISTG 2 I

LIST OF MODIFICATIONS .APPROVALDATE / /

LAND MODIFICATION DEALING No. DATE EDN.No. LOTS 39,40 CONSOLIDATION

CONSOLIDATION

I'\ E.1--1 T )( '2.Q \ 4-QC,, y ? 'LAN APP ROVED n.=:,L~O_;,TS;,!--l--.l.5i~,,i;,,;~,l!,,~~M"'EN"'T.-------!---'-'--"A"'C'-'766=72S<6c,,N'--'------f-2-9-13-/04-+-A-'-C-M.,_-l-_ ___,6:::__-JIT

m-.:•;:.:• &:.,66"-if------"=-=-=-=-""----+-------1-----t-----l-----r" 26 - 7- 90 LOT 52 CREATION OF EASEMENT AQ780825J 1/03118 SN 7

ASStSlANTJ REGISTRAR OF TITLES

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7 8 OFFICE '-!SE ONLV

LP217966L EDITION 7

?AR1$\--\

NOTATIONS

LAND SUBJECT TO EASEMENT E-1 & E-10: DRAINAGE VIDE H104226

DRAINAGE& SEWERAGE VIDE LP2!68SIK E-2 : DRAINAGE & SEWERAGE VIDE LP2168SIK E-1, E-2, E-3, E-S, E--6, E-7, E-10, E-11 & ROADS:

EASEMENTS TO SHIRE OF WHITILESEA CREATED BY INSTRUMENT P296356K

E-12 :PARTY WALL CREATED BY INSTRUMENT V347326M

E-9, E-10 &E-11: SEWERAGE IN FAVOUR OF YARRA VALLEY WATER CREATED BY INSTRUMENT X201406Y

E-13: PARTY WALL IN FAVOUR OF LOT54 CREATED BY INSTRUMENT AC766726N

E-14: PARTY WALL IN FAVOUR OF LOT55 CREATED BY INSTRUMENT AC766726N

E-15: SUPPORT FOR ROOF BY WALL IN FAVOUR OF LOT 51 CREATED BY INSTRUMENT AQ780825J

LAND APPROPRIATED OR SET APART ROADS wrrnJN THE THICK LINES FOR WAY, DRAINAGE, SEWERAGE AND THE SUPPLY OF GAS, ELECTRICITY AND WATER E-1, E-3, E-8, E-10 & E-11 : DRAINAGE E-2 & E-4 : SEWERAGE E-5 & E-6 : DRAINAGE & SEWERAGE

A

B

C

OTHER NOTATIONS 0 LOT NUMBERS 1 TO 30 (BOTH INCLUSIVE), 49 AND SO HA VE BEEN OMITTED FROM THIS PLAN

TO BE COMl'LETEDM1E11£ APP LI CAIL£ THIS SURVEY HAS BEEN CONNECTED TO.PERMANENT MARICS NOS: IN PROCLAIMED SURVEY AREA NO.

THE LAND TO BE SUSDIVIDED IS SHOWN ENCLOSED BY THICK LINES

TITLE REF, VOL.9949 FOL.169 LAST PLAN REF: l.P.216851K LOT A

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COUNTY

PARISH

BOURKE

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CROWN SECTION 16 (PART)

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NUMBER OF SHEETS IN PLAN NUMBER OF THIS SHEET

SCALE

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OFFICE USE ONLY

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NUMBER OF SHEETS IN PLAN NUMBER OF THIS SHEET

SCALE

(PART)

ORIGINAL SCALE SHEET

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OFFICE USE OliL Y

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Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

on 12/9/19, Planning Permit PL12/022918 allows "Use of premises for Place of assembly (Function centre) and Reduction of car parking in accordance with the endorsed plans" Condition 2 states :

Except with the prior written consent of the Responsible Authority, the use permitted by this permit may only operate between the following time:

a. Monday to Friday- 10am to 6pm (for commercial kitchen use only)

b. Monday to Friday-6pm to 11.30pm (function centre only)

c. Saturday and Sunday-5pm to 11.30pm (function centre only).

Condition 3 states:

Accommodation for patrons except with the written consent of the Responsible Authority must not exceed:

a. Monday to Friday ofter 6pm - 63 persons

b. Saturday and Sunday-BO persons.

The neighbourhood includes industrial and public park and recreation zones, with land uses on and near the site generally reflecting this zoning. The nearest residential zone is about 850m from the site.

Rushwood Drive is a typical outer-suburban industrial street, with two-way traffic and kerb side parking. There is extensive onstreet parking along Rushwood Drive including during weekday business hours.

Locality plan

Zoning map with site highlighted in centre

LiquorPlan - the town planners specialising in permit applications for licensed premises 2

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

The site and its neighbourhood

Front of site

LiquorPlan - the town planners specialising in permit applications for licensed premises 3

Applicat ion for Amendment t o Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

Sites next to, opposite and near the site

Road conditions including onstreet parking along Rushwood Drive near site

LiquorPlan - the town planners specialising in permit applications for licensed premi ses 4

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

Grassland Reserve which abuts both Rushwood Drive and the site's rear

LiquorPlan - the town planners specialising in permit applications for licensed premises 5

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

Rushwood Drive - between the site and Hume Highway

Near intersection of Rushwood Drive and Hume Highway

LiquorPlan - the town planners specia lising in permit applications for licensed premises 6

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

Sikh temple next to Rushwood Drive/Hume Highway intersection and signage showing adjoining Indian businesses

THE PROPOSAL

The proposal is the Use of land for the sale and consumption of liquor (Restaurant and cafe licence) for

approved Function centre where a licence is required under the Liquor Control Reform Act 1998 and

liquorPlan - the town planners specialising in permit applications for licensed premises 7

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

extension to permitted operating hours for the approved Function centre (via an amendment to the existing permit) 1:

• The licensed area will cover all of the area currently approved for occupation by patrons.

• The licensed trading hours will be generally the same as those allowed under Condition 2 except that it is now proposed to also include in the permitted operating hours of the approved Function centre trade from 9am-11.30pm Saturday and Sunday (the permit already allows trade after 5pm on these days so that the proposed change will simply allow for additional daytime operation on weekends).

• No change is proposed to the maximum patron capacities al lowed by Condition 3 of the permit.

• There will be a minimum of one staff member on the site at al l times that liquor is to be served. Relevant Responsible Service of Alcohol (RSA) program requirements will apply.

• As per the requ irements of a Restaurant and cafe licence, the predominant activity carried out at all times on the premises will continue to be the preparation and serving of meals to be consumed on the premises: while patrons will continue to have the option of having a drink without a meal, food will be available during all li censed trading hours. Table and chairs will continue to be provided for at least 75% of patrons. Liquor will continue to NOT be sold for consumption off the premises.

• No change is proposed to permit Conditions 5 and 6, which state: "No public address or sound system shall be used on the subject land except on which is audib le only within the building on the land" and "Entertainment only in the form of pre-recorded background music may be provided for the benefit patrons on the premises. Highly amplified music must not be played".

• No new development is proposed.

• There will be a person responsible for security and patron management on the site at all times when liqu or is sold or consumed. Relevant Responsible Service of Alcohol (RSA) requirements will apply.

PLANNING CONTROLS AND POLICY

The Planning and Environment Act 1987 authorises the making of planning schemes, as well as setting out the procedures associated with applications for permits (or amendments to existing permits) under those schemes. Section 72 of the Act, "Application for amendment of permit", states:

{1} A person who is entitled to use or develop land in accordance with a permit may apply ta the responsible authority for an amendment ta the permit.

{2} This section does not apply to-

(a) a permit or a part of a permit issued at the direction of the Tribunal, if the Tribunal has directed under section 85 that the responsible authority must nat amend that permit or that part of the permit (as the case requires); or

(b) a permit issued under Division 6.

Section 73, "What is the procedure for the application?" states:

(1) Subject to this section, sections 47 to 62 (with any necessary changes) apply to an application to the responsible authority to amend a permit as if-

(a) the application were an application for a permit; and

{b any reference to a permit were a reference to the amendment to the permit.

1 Under the Liquor Control Reform Act, a Restaurant and cafe licence authorises the licensee to supp ly liquor on the licensed premises for consumption on the licensed premises where the predominant activity carried out at all times on the premises is the preparation and serving of meals to be consumed on the licensed premises and subject to the conditions that tables and cha irs are provided for seventy-five percent of patrons and that there generally not be any live or recorded music other than background music. The "ordinary trading hours" under the Liquor Control Reform Act for a Restaurant and cafe licence are between 7 a.m. and 11 p.m. on each day, other than Sunday, Good Friday or ANZAC Day; and between 10 a.m. and 11 p.m. on Sunday; and the hours between 12 noon and 11 p.m. on Good Friday and ANZAC Day.

LiquorPlan -the town planners specialising in permit applications for licensed premises 8

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

(2) If the responsible authority decides to grant an amendment to a permit subject to conditions, the conditions must relate to the amendment to the permit; and

(3) Any conditions to which an amendment to a permit is subject form port of the permit when it is issued.

The application is appropriately made, with the authorisation of the permit holder. The permit has been acted on and is still " live" . The permit was not issued at the direction of the Tribunal (VCAT) or under Division 6 of the Planning and Environment Act 1987. It should be noted that any decision on an amendment is limited by Section 73 above and is not an opportunity to revisit the "entire" Function centre proposal as though it were an application for an entirely new permit. This letter has been framed accordingly.

In technical terms, the following amendments to Perm it P22171 are required: in the permit preamble, insert "Use land for the sale and consumption of liquor pursuant to a (Restaurant and cafe) licence issued under the Liquor Control Reform Act 1998; endorse the submitted plan; amend Condition 2(c) so as to include the proposed additional trading times (replacing "Spm" with "9am") and make any reasonable changes to conditions (or add new conditions) as the Council sees fi t.

The Hume Planning Scheme2

Land use and development within the municipality is subject to the Hume Planning Scheme, which is a combination of state government and council provisions. All clauses referred to in this submission are those of the Hume Planning Scheme.

The definition of "Function centre" at Clause 73.03 Land use terms is "Land used, by arrangement, to cater for conferences, private functions, and in which food and drink may be served. It may include entertainment and dancing". Under Clause 73 .03, "Function centre" includes "Conference centre" and "Reception centre" is itself included in "Place of assembly".

The site is in the Industrial 3 Zone (IN3Z). There is nothing of relevance to the application in the zone schedule. No overlays affect the site.

As a form of "Place of assembly (other than Carnival, Cinema based entertainment facility and Circus)", Function centre is a Section 2 ("Permit required") use in the IN32. No conditions apply. The Function centre in this case has already been approved by the granting of permit P22171.

The IN32 also includes the following:

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To provide for industries and associated uses in specific areas where special consideration of the nature and impacts of industrial uses is required or to avoid inter-industry conflict.

To provide a buffer between the Industrial 1 Zane or Industrial 2 Zone and local communities, which a/laws for industries and associated uses compatible with the nearby community.

Ta a/law limited retail opportunities including convenience shops, small scale supermarkets and associated shops in appropriate locations.

To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land uses.

Summary of applicable permit requirements

In this case a planning permit is required to:

2 Non-applicable clauses

The following clauses(s), that might otherwise be thought applicable, also do not apply in this case:

• 22.01 Industrial Local Policy - this states that it applies in the Industrial 1 and 2 zones only.

• 52.06 Car parking- no change is proposed to the approved patron capacity.

• 52.34 Bicycle faci lities- no increase in the net floor area proposed.

LiquorPlan - the town planners specialising in permit applications for licensed premises 9

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

• Use land for the sale and consumption of liquor pursuant to a (Restaurant and cafe) licence where a licence is required under the Liquor Control Reform Act 1998.

Relevant state and local planning policy

There are several relevant state policies, mainly relating to noise, land use compatibility, economic development, and cultural facilities.

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Strategic Framework Plan from Clause 21.01 of the Hume Planning Scheme with site marked with blue arrow

The site is in the designated "Employment Land" on the Strategic Framework Plan at Clause 21.01 Municipal Profile. The key section of the Municipal Strategic Statement (MSS) is : 21.06 Economic Development. There is one relevant local policy: Clause 22.20 Liquor Licensing.

Details of all relevant policies are provided (and responded to) below.

The merits of the application

The proposed serving of liquor in association with approved Function centre use and extension of approved trading times is consistent with all rel evant policy:

• 13.05-15 Noise abatement - The proposed serving of liquor and the additiona l weekend daytime trading hours will occur at an approved Function centre that is located inside a building and well­separated from the nearest residential area.

There will continue to be no music other than background music, extended but still modest trad ing times, and a small patron capacity; any additional noise emissions would be commensurate with ambient noise levels currently around the environs of the area .

The proposal is also unl ikely to result in any significant or unreasonable noise emissions from the site or from patrons arriving or departing.

• 13.07-lS Land use compatibility - the proposal will be separated from the nearest sensitive uses.

• 17.01-lS Diversified economy - the proposal will help to strengthen and diversify the economy.

LiquorPlan - the town planners specialising in permit applications for licensed premises 10

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

• 17.02-1S Business -This seeks to "To encourage developments which meet community's needs for ... entertainment ... services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities". While it does not involve new development, the proposal will achieve this outcome by facilitating the growth of an approved business use on a site that is well located within this part of Craigieburn.

• 17.04-1S Facilitating tourism - while not a tourism facility per se, many people travel to attend functions; the proposal will thus facilitate a certain type of "tourism", attracting people who might otherwise never come to Craigieburn.

• 19.02-4S Social and cultural infrastructure, which seeks to: "To provide fairer distribution of and access to, social and cultural infrastructure". While this policy is somewhat vague, it nonetheless provides general state policy support for "social and cultural infrastructure", which can reasonably be said to include facilities for functions.

• 21.06 Economic Development. This includes:

21.06-1 Economic Development

Hume's economy currently generates $27 billion worth of output and hos o significant impact on Victoria's economic performance. Hume's employment and economic base is therefore of state significance. As the population of Hume and the Northern Sub Region grows, increasing the number and diversity of employment opportunities in Hume is critical. Plans are in place to enable the development of large areas of employment land north of Donnybrook Road, along the Hume Freeway, around Melbourne Airport and in parts of Sunbury. These will be capable of increasing employment in Hume to over 180,000 jobs. The majority of this growth is to be in transport and logistics, advanced manufacturing, healthcare, education, training, retail and professional services.

Achieving this job target will be a significant challenge, particularly given the slowdown in new job creation within the Hume Corridor and the transition from large scale manufacturing to small niche manufacturing in recent years. It will rely on significant investment in attracting new businesses, including major investment and support from the State Government to duplicate and upgrade the major transport network and attract global and regional investment.

Key issues

Growing and diversifying the employment options in Hume.

Promoting Hume as a place for business attraction and investment.

Protecting industrial land from the establishment of non-industrial uses that may compromise the continued operation of existing industrial uses.

Providing the necessary upgrades to State infrastructure to support economic growth.

Objectivel

To facilitate economic growth and job diversity through the continued support of existing businesses and the attraction of new businesses.

Strategies

1.1 Facilitate greater employment opportunities within activity centres.

1.2 Support existing employment areas with a large number of businesses in similar sectors.

1.3 Encourage site consolidation and integrated development on small sites within existing employment areas to improve their functionality.

1.4 Discourage community, leisure and health facilities and large supermarkets outside of identified activity centres.

1.5 Discourage the development of bulky goods retail premises in existing and future industrial areas outside of identified bulky goods centres.

1.6 Ensure adequate separation and buffer areas between sensitive land uses and industry with potential offsite amenity impacts.

1. 7 Support best practice management of industrial and resource recovery uses to better manage onsite storage and minimise offsite amenity impacts on the community and environment from upset conditions including fires or other emergency management events.

LiquorPlan - the town planners specialising in permit applications for licensed premises 11

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

The proposal will achieve these outcomes by being: associated with an approved Function centre; in an Employment Land area; facilitating economic growth and job diversity through the continued support of existing businesses as per Clause 21.06 Economic Development.

• 22.20 Liquor Licensing

This includes:

This policy applies to all applications for new licensed premises and for the extension of the licensed area (including the extension of hours and the extension of patron numbers), where o permit is required pursuant to Clause 52.27.

11.10-1 Policy Basis

Council recognises that alcohol is an enjoyable part of Australian culture and that licensed premises have substantial economic, social and cultural benefits. Well managed licensed premises can contribute positively to the activity, appearance, character and image of an area.

However inappropriate sale and consumption of alcohol can be associated with a range of social, economic and health harms, particularly for vulnerable groups and individuals. In addition, the concentrated location of licensed premises can have negative cumulative impacts on an area.

The purpose of this policy is to provide guidance for new licensed premises and where existing licensed premises change their operation.

11.10-1 Objectives

• To manage the appropriate locations, trading hours and patron numbers for licensed premises.

• To minimise amenity conflicts between licensed premises and other uses including cumulative impacts.

• To manage the impacts of licensed premises on the diversity of uses and economic viability of activity centres.

• To encourage an appropriate mix of licensed premises relative to other commercial, retail and residential uses within activity centres.

• To encourage daytime uses and active frontages within activity centres.

• To support reasonable commercial opportunities for the trading of licensed premises.

• To strongly encourage good venue design of licensed premises based on the Design Guidelines for Licensed Venues (Department of Justice).

How the proposal satisfies the policy at Clause 22.20-3 is set out in the following table:

Requirement Response

Policy

It is policy that:

• The operation of licensed premises should have no The proposed serving of liquor will occur at an unreasonable impact on the amenity and safety of approved Function centre on a site that is very well surrounding uses, in relation to noise, car parking,

separated from the nearest residential area. patron movement, traffic ond other amenity issues.

. The location of the licenced premises, its use, nature of surrounding uses, its zoning and the zoning of surrounding land will be considered in the determination of the hours of operation of licensed premises to ensure minimal impact on neighbourhood amenity and alcohol related harms.

• Patron numbers are reasonable having regard to The proposed patron capacity will be the same as what the size of the premises, its location, hours of has already been approved for the Function centre; the operation and does not adversely affect the

proposed extension of trading times will be minor amenity of the surrounding area. (weekend daytime) and will not have any significant effect on the amenity of the surrounding area, firstly because it is mainly an industrial area and secondly

LiquorPlan - the town planners specialising in permit applications for licensed premises 12

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966}

because (as it usua lly the case for industrial areas) most adjoining businesses would be closed on weekends.

. Licenced premises should not be concentrated to There is no other licensed premises within 500m of the the extent that there is an adverse cumulative site. effect an the area.

. Daytime uses and active street fron tages are NA encouraged within activity centres.

In relation to the zoning, the proposa l relates to an approved use in the Industrial 3 Zone. As above, the IN3Z includes as part of its Purpose: "To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land uses" . Th e proposal, including both the proposed serving of liquor and the additional weekend daytime t ra ding hou rs will achieve this because of the site's significant setbacks from the nearest resi dential areas, which will prevent amenity impacts on sensitive land uses.

Furthermore, the IN3Z encourages the proposal by seeking "To implement the Municipal Planning Strategy and the Planning Policy Framework", compliance with which is discussed above.

52.27 Licensed Premises

The Purpose of this clause is :

Ta ensure that licensed premises are situated in appropriate locations.

To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.

The licensed premises will be situated in an appropriate location (in a commercial area, separated from the nearest sensitive uses etc), and any impact of the licensed premises on the amenity of the surrounding area will be appropriate both in terms of the location and the nature of the proposal itself. The following is a brief response to the Clause 52 .27 Decision guidelines.

Decision guideline Response

The Municipal Planning Strategy and the The state and local policy support for the proposal is detailed above. Planning Policy Framework.

The impact of the sale or consump tion of The proposed sale or consumption of liquor will have only a reasonable liquor permitted by the liquor licence on

impact on the amenity of the surrounding area due to its relatively the amenity of the surrounding area.

conservative nature, patron numbers and trading times, and the area (including its Employment Land designation/Industrial 3 Zoning) .

The impact of the hours of operation on The licensed trading hours will be generally the same as those allowed the amenity of the surrounding area.

under Condition 2 except that it is now proposed to also include in the permitted operating hours of the approved Function centre trade from 9am-ll.30pm Saturday and Sunday (the permit already allows trade after 5pm on these days so that the proposed change will simply allow for additional daytime operation on weekends).

These trading hours are generally consistent with the standard VCGLR trading hours for the type of licence in question, appropriate to the amenity of the area and consistent with many other similar licensed premises in both Craigieburn and Hume.

Th e impact of the number of patrons on It is generally accepted that, while there are some "risks" associated with the amenity af surrounding area.

all licensed premises, they are particularly the case for also those with a patron capacity over 200, with Planning Practice Note 61, "Licensed premises : Assessing cumulative impact", Department of Environment, Land, Water and Planning, June 2015 ("PPN61"), specifically stating that

LiquorPlan - the town planners specialising in permit applications for licensed premises 13

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

these "may pose a greater risk of alcohol-related harm and result in a negative cumulative impact".

Conversely, much of the other policy and documents acknowledge that small (ie under 200 patron capacity) licensed premises have generally positive impacts by providing both diversity and intimacy, and minimising alcohol-related risks3•

As no change is proposed to the maximum patron capacities currently allowed by Condition 3 of the permit., the proposed patron capacity is small (40% of the patron capacity of the largest licensed premises considered "small") by the standards of most licensed premises and will not cause significant amenity impacts.

The cumulative impact of any existing This is addressed immediately below. licensed premises and the proposed licensed premises an the amenity of the surrounding area.

Pursuant to page 2 of PPN61 (full title details are in the above table), a formal Cumulative Impact Assessment is NOT required in this case because while some licensed trading is proposed after 11pm, the site is not in a cluster of three licensed premises within 100m or 15 licensed premises within 500m4

•

PPN61 is also a practice note only that essentially expands upon one of the decision guidelines of Clause 52.27. It is not a mandatory requirement of the scheme and it is generally accepted that its requirements apply most appropriately to licensed premises that are primarily non-food-based and/or late-night (eg nightclubs, hotels and taverns) rather than small Function centres operating during the day and evening.

It is however appropriate to provide some general comments pursuant to the principles of PPN61.

While the planning scheme does not define "cumulative impact", the Statement of Policy on "Assessment of the cumulative impact of licensed premises" pursuant to the Liquor Control Reform Act 1998, issued by the Victorian Government on 5 October 2010, includes:

Cumulative Impact refers to the impacts that result from a concentration of licensed premises in a defined area. Evidence has identified that cumulative impact is associated with a range of positive and negative outcomes that arise from the combination of many factors such as physical and environmental setting, the mix of premises and their operating conditions.

The positive outcomes can include the creation of a local 'identity' or status as an entertainment destination, enhanced vitality, economic benefits, and an increase in consumer choice. The negative outcomes of cumulative impact can include crime, a loss of amenity, and anti-social behaviours.

Potential cumulative impacts vary between locations, depending on the number and type of licensed premises, and the capacity of the local area to accommodate the concentration e.g. the availability of late night transport.

Thus, a licensed premises proposal can result in positive or negative outcomes for its area.

The key VCAT decision involving the concept of "cumulative impact"- ie Swancom Pty Ltd v Yarra CC (includes Summary) (Red Dot) [2009] VCAT 923 (10 June 2009 - makes a clear distinction between premises providing "vertical" drinking (eg nightclubs, hotel and taverns) and other forms of licensed premises: at paragraph 53, the Swancom decision states, "A late night 'vertical bar' will, for example, have a very different impact to a seated restaurant closing at 11 PM" - with the implication being that the latter is more acceptable in terms of this decision guideline.

3 The Melbourne Planning Scheme Licensed Premises Policy (Clause 22.22) states that "Small licensed premises are particularly important to the vitality of the Central City as a 24 hour city"; and the Stonnington Planning Scheme Licensed Premises Policy {Clause 22.09) says, "Small, well managed licensed premises generally present a low risk of adverse impacts, whereas there is a high risk of adverse impacts on safety and amenity from large licensed premises, operating late at night". The state-government's Decision Making Guidelines, 20 July 2015, for applications for licensed trading after 1 am in inner Melbourne also allow post 1 am trading to occur for licensed premises of less than 200 patrons

4 PPN61, page 2

LiquorPlan - the town planners specialising in permit applications for licensed premises 14

Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

This has a direct relevance to the proposed licensed premises, which while not involving a restaurant per se wil l operate under a Restaurant and cafe licence, which requires the predominant activity to be the preparation and serving of meals for consumption on the premises and the provision of tables and chairs for 75% of patrons, during generally similar trading hours.

Furthermore, the nature of functions is that they need to be pre -booked, which involves a high degree of social cohesion, with patrons known individually to both the licensee and each other (usually being families and friends), which, unlike where patrons walk in off the street. would promote better patron behaviour.

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--Map from VCGLR website, with circle representing a 500m radius around the site (shown with arrow) and the pins or dots

showing location of existing licensed premises in and around this area. There are no licensed premises within 500m of the site

According to the Victorian Commission for Gaming and Liquor Regulation (VCGLR) website, within a 500m radius of the site (the area that PPN61 requires consideration of) there are no existing liquor licences or BYO permits relating to sites therein. As this is so, the "cumulative impact" on the area from the proposed licensed premises would be negligible.

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LiquorPlan - the town planners specialising in permit applications for licensed premises 15

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Application for Amendment to Permit 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966)

Map from VCGLR website, with the site marked with an arrow and a dot and the nearest Designated Areas shown in red

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There is un li kely to be any significant issue with patron dispersa l from the site; to the credit of al l the relevant authorities, the area's publ ic infrastructure and facilities - including public transport, car parking, bicycle parking, footpaths, active frontages, police5, litter collection, public toilets etc - are all good, which will assist to absorb the incremental increase in licensed premises represented by the proposal.

The proposed sale and consumption of liquor under a Restaurant and cafe licence and minor extension of trading hours for t he approved Function centre is acceptable for this neighbourhood given its "Employment Land" designation, and the modest nature of the proposal. The proposal will introduce a new licensed premises use into the neighbourhood, but it will be only an increase in the number of what is generally considered the best type of licence (ie Restaurant and cafe) from a public amenity perspective; especially given its very modest nature and scale, any broader "cumulative impact" is likely to be insignificant, except that the proposed food-based licensed premises will provide additional consumer choice.

CONCLUSION

The appl ication involves the proposed Use of land for the sale and consumption of liquor (Restaurant and cafe licence) where a licence is required under the Liquor Contro l Reform Act 1998 and extension to permitted operating hours for the approved Function centre (via an amend ment to the existing permit).

The proposal is appropriate to this part of Craigieburn . It satisfies Clauses 21.06 Economic Development, 22.20 Liquor Licensing, 33.03 Industrial 3 Zone and 52 .27 Licensed Premises.

It is thus a suitable response to the planning provisions and physica l opportunities and constraints affecting its site, and we look forward to a favoura ble outcome.

Yours faithfully

Matt Gorman Consultant Town Planner

5 Craigieburn Police Station is at 155 Craigieburn Road Craigieburn, which is four minutes' drive from the site

LiquorPlan - the town planners specialising in permit applications for licensed premises 16

Site context plan: 16 Rushwood Drive Craigieburn 3064 (Lot 53 LP217966) (marked with red peg) Proposal: Use of land for the sale and consumption of liquor (Restaurant and cafe licence) for approved Function centre where a licence is required under the Liquor Control Reform Act 1998 and extension to

permitted operating hours for the approved Function centre (via an amendment to the existing permit)

Written Site context description

The neighbourhood includes industrial and public park and recreation zones, with land uses on and near the site generally reflecting this zoning. There are no apparent residential uses near the site; the nearest residentia l zone is about 850m from the site.

Please refer also to the maps in the submitted LiquorPlan letter.

There is extensive onstreet parking along Rushwood Drive including during weekday

business hours.

The site

Oblique aerial photo (from south) showing the site (identified with red peg) in context of adjoining development

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FOR APPROVAL ONLY

PROPOSED FLOOR PLAN

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VICTORIA BANQUETTES CRAIGIEBURN VIC

DRAWING NO:

04 ADDRESS:

16 RUSHWOOD DRIVE CRAIGIEBURN

DATE: 27.07.18

SCALE: 1:7S@A3

DRAWN: GD

CHECKED

REV DATE: 08.08.1~