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TOWN PLANNING ASSESSMENT KAUFLAND SUPERMARKET NETWORK – VICTORIAN ENTRY PROPOSAL PART SEVEN – 1158 NEPEAN HIGHWAY, MORNINGTON
TOWN PLANNING ASSESSMENT
KAUFLAND SUPERMARKET NETWORK – VICTORIAN ENTRY PROPOSAL
PART SEVEN – 1158 NEPEAN HIGHWAY, MORNINGTON
Table of Contents
PART SEVEN – 1158 NEPEAN HIGHWAY, MORNINGTON .................................................. 3
1 Local strategic context .................................................................................................... 3
2 Site context ........................................................................................................................ 5 2.1 The subject Site ........................................................................................................................... 5 2.2 Site interfaces .............................................................................................................................. 6 2.3 Key contextual cues .................................................................................................................... 7
3 Proposal .............................................................................................................................. 8 3.1 Proposed changes to the Mornington Planning Scheme ...................................................... 8 3.2 Proposed use and development ............................................................................................... 8 3.3 Layout and built form .................................................................................................................. 9 3.4 Signage ....................................................................................................................................... 10
4 Planning policy context ................................................................................................. 11
4.1 Plan Melbourne & State Planning Policy Framework .......................................................... 11 4.2 Local Planning Policy Framework ........................................................................................... 11 4.3 Current planning controls ......................................................................................................... 15
5 Planning merits ............................................................................................................... 17 5.1 Key planning considerations .................................................................................................... 17 5.2 Strategic assessment guidelines assessment ...................................................................... 17 5.3 Is the proposal supported by strategic policy directives? .................................................... 21 5.4 Consistency with zone, overlay controls and other provisions ........................................... 22 5.5 Are acceptable built form, urban design, & streetscape outcomes achieved? ................ 24 5.6 Will the development be adequately serviced and accessible? ......................................... 27
6 Conclusion ....................................................................................................................... 29 6.1 Net community benefit .............................................................................................................. 29 6.2 State level planning objectives ................................................................................................ 29 6.3 Proposed planning framework & approval mechanism ....................................................... 29 6.4 Proposed use and built form .................................................................................................... 30
PART SEVEN – 1158 NEPEAN HIGHWAY, MORNINGTON
1 Local strategic context
The Site is located on the south-east corner of the Nepean Highway and Oakbank Road intersection within
the northern edge of Urban Growth Boundary (UGB) as it applies to the Mornington Township, and located
approximately 2km north-east of the Mornington Major Activity Centre (MAC).
Site Context Source: www.street-directory.com.au
The vision for the Mornington MAC is for it to be the heart of the district, recognising it as a destination in its
own right which people can identify and to be an exciting place to live.
The Site is located within 1 of the 10 industrial precincts as identified in the Mornington Peninsula Industrial
Areas Strategy (April 2018), that contains a range of large format retail stores. This strategy recognises this
is not a ‘core’ or typical industrial area, and suggests a future action of applying the Commercial 2 Zone to
this area.
For consistency purposes, this industrial precinct is referred to as the ‘Mornington Parkland Industrial Estate’
throughout this report to reflect its title within the Development Plan Overlay – Schedule (DPO2), which
applies to the precinct.
The Mornington Peninsula Strategic Framework Plan identifies the site on the northern boundary of the
township area of Mornington, with the Mornington MAC recognised as an Activity Node. The corner location
of the site provides a ‘gateway’ entrance into the Mornington township.
The site has excellent transport linkages to major arterial roads including Nepean and Moorooduc Highways
which are zoned Road Zone Category 1 (RDZ1) and controlled and operated by VicRoads. The nearby
Bungower Road forming the southern boundary of the Mornington Parkland Industrial Estate is zoned Road
Zone Category 2 (RDZ2).
Existing vehicle access into the site is acquired via the sites northern Oakbank Road frontage. Currently
there is no vehicular access to the site from Nepean Highway.
There is a range of public transport options, that operate along the sites Nepean Highway frontage being:
Subject Site
▪ Bus Route 781 – Frankston – Mount Martha, via Mt Eliza, Mornington.
▪ Bus Route 784 - Frankston – Osborne, via Mt Eliza, Mornington.
▪ Bus Route 785 - Frankston – Mornington East, via Mt Eliza, Mornington.
▪ Bus Route 788 – Frankston – Portsea via Dromana, Rosebud, Sorrento.
▪ Bus Route 887 (limited service) – Rosebud – Monash University, via Dromana, Safety Beach, Mt
Martha, Mornington, Mt Eliza, Frankston.
▪ Night Bus Routes 970 – Carrum – Frankston – Mornington – Rosebud.
Extract of Local Area Map, Mornington Source: Public Transport Victoria
Subject Site
2 Site context
2.1 The subject Site
The subject Site is formally known as Lot 1 on PS630840P (Volume 08727 Folio 330).
The Site contains a western frontage to Nepean Highway and a northern boundary to Oakbank Road. The
Site is irregular in shape due to its unique, splayed corner location, identified as a road on the Site’s title
information and an easement for way. The Site has a total land size area of 6.042 hectares and also
contains a drainage easement in its south-east corner.
The Site currently contains an existing warehouse/factory building setback from its two street frontages and
positioned near-to the Site’s centre. This existing structure on-site is of a single storey scale and currently
used for the purposes of the Bata Shoe Company of Australia Pty Ltd. Surrounding this existing building,
the site contains extensive landscaping to its Nepean Highway frontage with scattered trees found in this
location. Along the sites eastern and southern boundaries are existing trees and vegetation, with a cluster
of mature and smaller trees found in the Site’s north-east corner.
Two separate vehicle access points are provided for visitors and staff/deliverables to the existing use. Visitor
car parking access is provided via the central accessway to a dedicated at-grade visitor car park area, with
informal car parking spaces provided. Vehicle access for staff and deliveries/collectors is via the
westernmost access point to Oakbank Road, named Bata Court, which provides connection to the front of
the building as it presents to Nepean Highway and its rear for loading trucks and back-of-house operations.
In the north-east corner of the Site is an informal accessway which contains wooden bollards that restrict
vehicle access to/from the site in this location, but offers connection through-to the waste/services area of
the existing operation positioned along the eastern boundary of the site.
The Nepean Highway and Oakbank Road is a signalised and unique intersection that assists in
distinguishing the various land uses that form its immediate corners. This intersection forms as the transition
point for Oakbank Road before it is renamed Eagle Street which is the western road of this intersection.
Currently there is no vehicle access to/from the Site via Nepean Highway.
The planning unit for this proposal is located along the southern boundary of the site, south of the existing
Bata Shoe Company of Australia Pty Ltd building. The future lot of the planning unit is to be generally
rectangular in shape, maintaining a western frontage to Nepean Highway for approximately 91.29 metres;
a northern boundary to the Bata Shoe Company of Australia Pty Ltd; a southern boundary of approximately
212.74 metres; and an eastern boundary. Overall, the proposed planning unit contains a land size area of
approximately 19,147 square metres.
Image showing indicative location of the planning unit in context of the subject site
2.2 Site interfaces
The Site is unique forming part of the northern edge of the Mornington township area, with various planning
zoning controls, land uses and built form defining the immediate intersection and the Mornington UGB.
2.2.1 North
Oakbank Road forms the separation point of the UGB, with land on its northern side located within the Green
Wedge Zone – Schedule 3 (GWZ3) with larger allotments that front Nepean Highway and Oakbank Road a
prevalent characteristic and generally used for agricultural purposes. The Environmental Significance
Overlay – Schedule 1 (ESO1) applies to this northern land parcel, establishing it as part of the Moorooduc
Plain and Balcombe Valley.
2.2.2 East
The Sites eastern interface is located within the General Residential Zone – Schedule 1 (GRZ1), with the
allotments displaying a typical residential subdivision pattern and the built form generally consisting of
detached dwellings of a single storey scale, with pitched tiled roofs and generally constructed using brick
materials. There are examples of double-storey dwellings also in this immediate neighbourhood, although
less common.
Vegetated streetscapes and landscaped areas are definitive of this residential neighbourhood, with
generous front and rear setbacks provided, including the dwellings directly abutting the site which assist in
creating a buffer between the IN3Z land of the site and GRZ1 land.
Site Balance
Planning
Unit
2.2.3 South
South of the Site and the planning unit is land also within the Mornington Parkland Industrial Estate, which
contains a variety of uses atypical to those generally found within the IN3Z.
Directly south, various commercial operations are located with vehicular and pedestrian access acquired
from Nepean Highway.
Further south are larger scale restricted retail and bulky goods outlets that form part of the Mornington
Homemaker Centre, April 1999 which is an incorporated document pursuant to the Schedules of clause
52.03 and clause 81.01 of the Mornington Peninsula Planning Scheme. The various outlets include national
brands such as Bunnings Warehouse, Officeworks, Aldi, Harvey Norman, Boating Camping Fishing and
Forty Winks with associated business signage.
Collectively, these premises contribute to the uniqueness of this location in it not demonstrating a typical
industrial precinct as acknowledged in the Mornington Peninsula Industrial Areas Strategy (April 2018). A
large extent of this area is further set aside as car parking to service the various needs, with greened
setbacks generally provided to both street frontages and trees dispersed throughout the car park and front
setback areas.
2.2.4 West
To the west of the site and on the opposite side of Nepean Highway, is land within the Public Use Zone –
Schedule 2 recognising the Mornington Secondary College and its associated large outdoor recreation
areas for students. The built form of the school is generally of a single storey scale with a boulevard of trees
along the eastern border of this side, creating a buffer between it and the Nepean Highway.
To the north-west of the site is the Mornington Country Golf Club, located within the Special Use Zone –
Schedule 2 as well as a pocket of residential land to the north of Eagle Street, which creates the border of
the UGB on the immediate western side of Nepean Highway.
2.3 Key contextual cues
The key contextual elements that have been considered and informed the preparation of the design
response include:
▪ Responding to the existing arrangement and conditions of the site including:
- Vehicle access to the site from the Oakbank Road frontage, proposed via a future carriageway
easement to Bata Court.
- Loading arrangements at the eastern rear of the property.
- Central location of the built form associated with the Bata Shoe Company of Australia Pty Ltd.
▪ Recognising the established Mornington Homemaker Centre and the existing large format retail stores
which define the Mornington Parkland Industrial Estate.
▪ The built form requirements of DPO2, particularly how the planning unit relates to Nepean Highway.
▪ Acknowledge the site’s location on the fringe of the UGB and its ‘gateway’ entrance into the Mornington
township from Nepean Highway.
▪ Utilising the Nepean Highway frontage of the planning unit and the linkages to the broader road
network it affords.
3 Proposal
The land use of ‘supermarket’ in this instance is a Section 3 use noting the condition under Section 1 within
the IN3Z. A Planning Scheme Amendment is proposed to facilitate the proposed use via an incorporated
document.
3.1 Proposed changes to the Mornington Planning Scheme
This proposal will seek to amend the following Clauses of the Mornington Planning Scheme:
▪ Schedule to clause 52.03 (Specific site exclusions):
- Update the schedule to include reference to a proposed incorporated document comprising site
specific controls to allow the proposed use and development subject to appropriate conditions.
▪ Schedule to clause 81.01 (Incorporated documents):
- Update the schedule to include reference to a proposed incorporated document and associated
Planning Scheme Amendment.
3.2 Proposed use and development
It is proposed to use and develop the planning unit for a double-storey supermarket with ancillary retail uses
(including packaged liquor) and associated on site car parking, located beneath the supermarket and the
Nepean Highway frontage of the planning unit. The proposal is illustrated in the drawings of Leffler Simes
Architects and the consultant assessments submitted with the application.
Broadly, the application proposes the following:
▪ Use and development of the planning unit for 7,584sqm building with the proposed supermarket located
at first floor, accessed via the ground floor car park and internal travellator at the buildings entrance,
with the upper level containing the following, inter alia:
- 3,610sqm of supermarket floor area;
- 354sqm liquor;
- Mall and food hall and ancillary retail tenancy areas;
- Associated inhouse facilities including back of house and service areas, and administrative spaces.
- Loading area.
- Associated signage (refer details below).
- 36 bicycle spaces.
▪ A total of 430 car parking spaces to be allocated as follows:
- 409 general spaces;
- 8 accessible spaces;
- 13 family spaces;
The Kaufland store will involve employment generation in the order of 100 ongoing jobs.
Other than the creation of access, no development is proposed to the surplus land as part of this proposal.
3.3 Layout and built form
The proposed development adopts a built form and scale reflective of the nearby bulky goods and restricted
retail operations within the Mornington Homemaker Centre.
Car parking will be oriented towards the Nepean Highway frontage of the planning unit and beneath the
supermarket. Vehicle access will predominately utilise a new entry/exit from the Nepean Highway in a left
in/out operation or Bata Court as a carriageway easement from Oakbank Road.
Loading and deliveries are located at the rear of the planning unit and will be accessed off a newly created
common property driveway servicing the proposed supermarket and existing Bata Shoe Company of
Australia Pty Ltd.
The building is oriented towards the Nepean Highway car parking area to provide visibility from the car park
and safety of the public realm.
The proposed development involves Kaufland’s elevated store format. The proposal provides an internal
travelator that provides connection to/from the ground floor car park to the upper level at the buildings
customer entrance along its western frontage.
The building will contain a maximum height of 13.1m, with a feature parapet height to approximately 14.6m.
Behind this feature parapet, the building’s roof contains a slight west-east fall.
3.3.1 North elevation
The northern building elevation will act as the buildings secondary frontage due to its presentation to the car
park and the pedestrian/vehicular movements from the northern carriageway easement that provides
connection to Oakbank Road. It will contain central double-glazed windows and a timber pattern feature
cladding highlighting the first-floor presence of the supermarket/retail tenancy, with prefinished metal
battens in alternating timber pattern and dark grey cladding attached to the building at the eastern end of
the elevation.
The elevation contains an open ground floor car park, with highlight windows provided to the liquor store at
the elevations eastern end. Surrounding these components, is primarily a rendered light grey precast
concrete panel that is bordered by white sheet cladding with associated business signage. Two product
signs are proposed at the western end of this elevation. Only fire exit stairs are along this elevation, with no
customer entries.
Landscaping is incorporated along this secondary frontage to soften the car park presence, through planters
and small landscape beds.
3.3.2 East elevation
The eastern (rear) elevation, closest to the adjoining residential boundary, will primarily be clad in light grey
with a with a white sheet cladding toward its north. The elevation incorporates several powder-coated
aluminium louvres in mid-grey to provide a visual break at ground level and ventilation to the car park. There
are three windows and an external staff access door at the southern end to back-of-house facilities.
Loading occurs at the southern end with powder coated louvre fence used for any interfaces that require
screening. There is no customer access from this elevation.
3.3.3 South elevation
The southern interface presents to adjoining IN3Z with a business identification sign located at its western
edge and loading facilities towards the eastern end.
The ground floor car park is open along this elevation with the surrounding materials and finishes mostly
consisting of cladding in light grey, although at its western end has prefinished metal battens at ground floor
beneath the white feature cladding finish and business signage. This design treatment wraps around to the
buildings western principal frontage to assist in defining the car park entrance from the western elevation.
3.3.4 West elevation
The western elevation provides a clearly defined and recognisable customer entry to the building, that is
centrally located and highlighted with business signage above and double-storey glazing with powder
coated framing directly to its north. The glazing is located behind a steel and timber batten entry canopy
that enables pedestrian comfort at ground level, however the glazing proposed continues to provide
movement to the elevation through the internal travellator. Above the activated glazed component, is the
alternating feature timber pattern and dark grey cladding, with tenancy signage also provided.
The southern part of the elevation contains the entrance to the internal car park entrance with the prefinished
metal battens creating a contrast to not detract from the principal pedestrian entrance. Above this, and at
the edges of this elevation, is white sheet cladding with two business identification signs that present to
Nepean Highway and the car park area.
3.4 Signage
A signage location plan has been prepared by Leffler Simes Architects. The application proposes the
following signage:
▪ Internally illuminated logo signage: Entry logo sign (5m x 5m), typical logo sign 1b (5m x 5m) and typical
logo sign 1c (4m x 4m);
▪ Billboard signage lit by linear LED lighting from brackets above: 5.01m x 3.51m;
▪ Internally illuminated tenancy signage: 10m x 1.3m;
▪ Pylon Sign type 1: 8m (h) x 2-2.4m (w)
▪ Pylon sign type 2 (pole sign): 21.8m (h) with a sign 5m x 6.3m.
4 Planning policy context
4.1 Plan Melbourne & State Planning Policy Framework
The proposal is broadly supported by Plan Melbourne and State level planning policy directives having
regard to those elements of policy as summarised in Part One of this report and Appendix A to this report.
4.2 Local Planning Policy Framework
The Mornington Peninsula MSS includes policy direction that reflects the diverse land uses and significant
landscapes which make it a destination area for tourists and visitors and a desirable place to reside. The
policies are general in nature and build on the overarching strategic directions of the State planning policy
framework outlined above.
Relevant clauses of the Municipal Strategic Statement (MSS) include (with emphasis added):
▪ Clause 21.02 Profile of the Mornington Peninsula – Establishes the scenic landscapes and coastal
setting of the municipality, that are of high conservation and contribute towards the seasonal population
increases, the visitors to the area and overall population growth and associated pressure regarding urban
sprawl. It recognises that the economy is very diverse, with 40% of the Peninsula’s workforce working
outside the municipality, with a driver of this being the extent of smaller employers compared to larger
employers.
▪ Clause 21.03 Mornington Peninsula – Regional Role and Local Vision – Recognises the regional
role the Mornington Peninsula has to Victoria and it not being a designated growth area, however the
growing desire of the municipality requires the township boundaries to continue to be maintained.
▪ Clause 21.03-2 A Shared Vision – Council’s Corporate Plan – Establishes the need to provide a
shared community vision that is reflective of the range of views and values. The community vision is:
‘The Mornington Peninsula’s unique characteristics and community lifestyles will be maintained and
enhanced by continuing to be:
- A place where diverse communities can enjoy a quality lifestyle.
- A place where environmental sustainability is applied as a guiding principle.
- A place where social needs, ecological care and economic development are balanced and
integrated.
- A place where high landscape quality is promoted and enhanced.
In support of this vision, the following key commitments are stated:
- Servicing and developing communities - Council is totally committed to its community and will
encourage citizen participation and promote equity of access to a broad range of quality services
and programs that foster physical, social and cultural wellbeing.
- Enhancing our environment - Council will work in partnership with the community in responsibly
managing the distinctive natural and built environment.
- Facilitating a robust economy - Council will actively support economic development in the
agricultural, rural and commercial sectors which encourages employment opportunities and which
are compatible with the special character of the Peninsula.
▪ Clause 21.03-3 – Summary of Strategic Challenges and Opportunities – Recognises that further
population growth could widen the job gap unless it is accompanied by effective economic development
measures. It acknowledges that existing township industrial areas provide an important employment
base as well as services to the local population, with these industrial areas often located at the ‘gateway’
to townships and adjacent to main roads, strongly influencing their presentation.
The design of these industrial areas is required to respond to the opportunities and responsibilities
associated with the level of public exposure, often attracting large format retailing subject to it not
compromising the role and function of the town centres.
▪ Clause 21.04 – Mornington Peninsula Strategic Framework Plan – Provides Council’s broad strategic
direction for land use planning within the municipality, the subject site is designated within the ‘Township
Area’ (Mornington), where future development is to be the focus of. The location of the site on the fringe
of the ‘Township Area’ with the UGB boundary and GWZ3 land north, provides the ‘green break’ from
the Mornington and Mt Eliza townships.
▪ Clause 21.06 – Strategic Framework and the Peninsula’s Settlement Pattern – Reinforces the need
to strengthen established areas, with Mornington recognised as a ‘major town’ and where future
population growth is to be directed within its growth boundaries, thus putting added support to wider
services and facilities and to provide a focus for economic activity.
Relevant objectives and strategies include:
- To establish an integrated land use pattern that recognises the regional role and character of the
Peninsula, and ensures that urban development does not prejudice the environmental, recreational
and agricultural values of the Peninsula nor the potential for appropriate port related development
(objective 1).
- Establish a strategic framework plan, that recognises the key strengths and values of the Peninsula,
including: (strategy 1)
- A hierarchy of towns and villages, capable of meeting the needs of residents and visitors (strategy
1.1)
- Define clear and stable township boundaries which: (strategy 2).
- Maintain a clear separation or “green break” between metropolitan Melbourne and the Peninsula
(strategy 2.1).
- Reinforce the clear separation between Mt Eliza and Mornington (strategy 2.2).
- Recognise the character and ‘sense of place’ of individual towns, including the relationship between
towns, coastal areas and the rural hinterland (strategy 2.4)
- Provide for planned expansion of major towns, including Mornington, Hastings, Somerville,
Dromana and Rosebud (strategy 2.6).
▪ Clause 21.07 – Guiding Future Township Development - Reinforces the townships of the Mornington
Peninsula and the base they provide for social and economic needs for the community, with a range of
land use issues having to be considered and those of relevance addressed below:
▪ Clause 21.07-1 – Housing and Integrated local area planning contains the following objective and
strategies of relevance:
- To provide for land use and development within township areas which meets the needs and respects
the values of local communities (objective 1).
- Direct growth to major townships to give these towns the population base necessary to support a
wider range of infrastructure, facilities and services and to encourage the development of a stronger
employment base (strategy 1)
- Plan and coordinate the development of townships having regard to the surrounding environment,
the character and functions of the particular settlement, and to achieving a balance between planned
population growth and (strategy 2):
- Provision for the development of retail and commercial floor space (strategy 2.2).
- Encourage the development of multi-function facilities and the co-location of services to the extent
that this is compatible with maintaining and improving the accessibility of services (strategy 6).
▪ Clause 21.07-3 – Activity Centres establishes the hierarchy of Activity Centres across the municipality,
with the site located out of any recognised centres. This clause makes reference to similar scaled
development, that requires a significant land size area similar to the proposal stating:
‘Bulky goods retailing (restricted retail premises and trade supplies) has experienced strong growth in
recent years. This type of retailing is best provided in clusters developed for that purpose, as opposed
to being located inefficiently [sic.] in dispersed locations on industrial land along main roads or in other
out-of-centre locations. The land area and vehicular access requirements of these clusters make them
unsuitable for a location in the heart of activity centres. These clusters should be directed to the edge of
the three townships with major activity centres on the Peninsula. There they contribute to the overall
position of the activity centres of these townships in the hierarchy’.
The objective and strategy of relevance are:
- To strengthen the hierarchy of activity centres on the Mornington Peninsula shown on the map to
this clause and in Table 1 to this clause (objective 1).
- Encourage restricted retail premises to locate in clusters on the edge of townships with Major Activity
Centres (strategy 2).
▪ Clause 21.07-4 – Industrial Areas recognises that the Mornington Peninsula has a substantial supply
of industrial land, however a shortage in larger lots above 2,000sqm and it is necessary to prevent
premature subdivision so that larger sites and industries can be maintained, to encourage employment
while also recognising that impact on residential areas needs to be minimised.
Objectives and strategies of relevance are:
- To facilitate the expansion of existing industries and to attract new industries that provide services
to the Peninsula community, contribute to the local employment base and that are compatible with
the Peninsula’s character and environment (objective 1).
- Provide areas for industrial development on the basis of current and anticipated demand, where
possible in locations that provide separation from major residential and commercial areas and do
not generate industrial through traffic on residential roads. The area of industrial land should be in
proportion to the anticipated population growth of the township, unless other factors are identified
(strategy 2).
- Encourage the redevelopment of older and under utilised industrial sites in a way which makes
effective use of available infrastructure and improves the amenity of adjoining areas (strategy 4).
- Support retail or office activity in industrial areas only if (strategy 6) … it consists of restricted retail
premises, which require large display and storage areas, and where it is shown that the use cannot
be reasonably located in existing commercial activity centres (strategy 6.3).
- To ensure appropriate development of industrial areas which:
- Contributes to the efficient function of industrial area, in terms of traffic movement,
car parking, and loading (objective 2.2).
- Ensures development design and built form which complements and contributes to
the township environment (objective 2.3).
- Maintains the safety and efficiency of main roads (objective 2.4).
- Provides and maintains appropriate buffers between residential areas and other
land uses which are incompatible with industrial activity (objective 2.5).
In assessing the relevant provisions of the LPPF, it is recognised that clause 22.01 industrial areas,
clause 22.10 advertising signs and clause 22.13 township environment are of relevance to the future use
and development of the subject land.
▪ Clause 22.01 Industrial Areas - This policy applies to land in the IN3Z and is intended to provide
direction for the development of the industrial precincts given their very high public exposure on major
arterial roads and to avoid out-of-centre development which may undermine the activity centres policy.
Its objectives include:
- To achieve orderly design and development in industrial areas by maintaining consistent standards
for buildings in relation to siting, height and building materials.
- To prevent out-of-centre commercial developments in the industrial zones that undermine the
activity centres policy at clause 22.02, particularly along main roads.
- To provide for the establishment of landscaping, using native vegetation of local provenance where
appropriate, which contributes to the appearance of industrial development and provides screening
where necessary.
- To protect the amenity of residential and commercial areas in proximity to industrial land and the
amenity, safety and efficiency of main roads.
The policy outlines a list of policy directives to be taken into account when considering the use and
development of IN3Z land, with these assessed in section 5.5 of this report.
▪ Clause 22.10 Advertising Signs - This local policy operates in addition to clause 52.05 and lists further
considerations for applications involving signage on all land. This policy is discussed further in section
11.3.6 of this report.
Clause 22.11-1 policy basis acknowledged that signs are necessary to provide effective business
identification, however poorly designed signage can detract from the visual amenity and character of the
area, including impacting upon road safety and causing confusion to drivers.
Its objectives include:
- To ensure that advertising signs provide appropriate and effective identification of businesses and
other land uses requiring identification.
- To ensure that advertising signs do not detract from the amenity and streetscape /landscape
character of the surrounding area, particularly in sensitive and strategic landscape areas, residential
areas and along main roads.
- To ensure that advertising signs do not detract from the appearance of the building on which they
are displayed. Signs should fit the building rather than be attached by ad hoc structures. Signs
should not generally protrude above the height of the building, including any parapet. Freestanding
pole signs may be preferable to signs attached to buildings.
- To ensures that advertising signs compliment rather than dominate streetscapes.
- To ensure that the size and height of advertising sign is compatible with the scale of the building or
the site on which they are displayed, the surrounding streetscape and the size and scale of other
signs in the area.
- To ensure that sign clutter is avoided or reduced, so that equitable exposure for each site can be
achieved and the effectiveness of individual advertising signs is maintained.
- To ensure that sign clutter is avoided or reduced in order to maintain or enhance the built and natural
environment. Unnecessary duplication of signage should be avoided.
- To maintain the clarity and effectiveness of traffic management signs and signals, to avoid
distraction at points where driver attention to road conditions may be critical and to maintain driver
sight distances at intersections and other critical locations.
- To ensure that advertising signs are well designed and well maintained to contribute to the
appearance of buildings and streetscapes.
▪ Clause 22.13 Township Environment - This local policy applies to all Township Areas within the
Mornington Peninsula, including land contained within the IN3Z and emphasises the need to promote
environmental sustainability. Its objectives include:
- To ensure that infill development proposals, which will result in new or increased waste water
discharge, will meet State environmental standards and will not add to the pollution of groundwater
or surface waters.
- To ensure that proposals for new development provide appropriate stormwater treatment measures
in accordance with relevant best practice environmental management guidelines, including Draft
Best Practice Guidelines for Stormwater Management (Melbourne Water, 1999).
- To ensure that all development, including drainage, roads and sewerage systems are designed to
protect the air environment, land, waterways and ground water resources from polluting discharges
and activities in accordance with State environment protection policies and relevant best practice
environmental management guidelines.
- To ensure that development does not reduce the extent or integrity of areas of remnant indigenous
vegetation within township areas and provides for the reinstatement of native vegetation and the
protection and enhancement of habitat corridors.
- To promote energy efficiency in the design of new development.
- To ensure that where land that has been previously used for non residential purposes, including
orcharding or other forms of intensive agriculture, is proposed to be developed for residential or
community purposes, proper consideration is given to assessing potential contamination and
necessary remedial measures in accordance with the Minister’s Direction No 1.
The Kaufland Australia sustainability offer highlights the environmentally sustainable design initiatives of the
proposal in addressing the objectives and local policy guidance.
4.3 Current planning controls
The subject land and the proposal is affected by following controls within the Mornington Peninsula Planning
Scheme:
▪ Industrial 3 Zone (IN3Z)
▪ Development Plan Overlay – Schedule 2 (DPO2)
Pursuant to clause 33.03-1, the use of a supermarket is a Section 1 land use providing conditional
requirements are met. If these conditions are not met, a supermarket is then defaulted into a Section 3
prohibited use in the IN3Z. The conditions that need to be met are:
▪ The leasable floor area must not exceed 1800 square metres.
▪ The site must adjoin, or be within 30 metres of, a road in a Road Zone.
▪ Must be on land within an urban growth boundary and in metropolitan Melbourne.
The site is within the UGB of the Mornington township, which forms part of Metropolitan Melbourne and
maintains address to Nepean Highway. The proposal however contains 6,083sqm of leasable floor area,
exceeding the conditional requirement and is therefore prohibited under the IN3Z.
DPO2 applies to the ‘Mornington Parkland Industrial Area’ and would otherwise require a development plan
to first be approved on the site for the proposed development. No development plan has been approved
for the site. The discretionary development plan requirements of DPO2 have however been acknowledged
in the design proposal which generally seek:
▪ A minimum building setback of 90 metres from the Nepean Highway frontage and 58 metres from any
Bungower Road frontage.
▪ A minimum setback from side and rear boundaries of 15 metres.
▪ A maximum plot ratio of 0. 35.
▪ A minimum of 50 percent of any site set aside for landscaping.
The proposed use and development will also need to be considered against the following provisions of the
Mornington Peninsula Planning Scheme that would otherwise require planning permission:
▪ Clause 52.05 Signage: A permit is required for the proposed signage due to the size of each sign
(classified major promotion signs). An industrial area is designated as a low limitation area.
▪ Clause 52.17: The Preliminary Ecological and Cultural Heritage Assessment prepared by Eco Logical
Australia and dated 6 June 2018, identifies that the site contains remnant areas of vegetation and trees
of arboricultural value which would require a planning permit for their removal.
▪ Clause 52.27 Licensed Premises: A permit is required to use the land to sell liquor.
▪ Clause 52.29 Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category
1 Road: A permit is required for creation of access from Nepean Highway.
A permit is not required under the following planning scheme provisions:
▪ Clause 52.06 Car parking: The car parking provided on site exceeds the statutory car parking rates in
clause 52.06-5 for a ‘supermarket’ and ‘shop’ and do not require a permit.
▪ Clause 52.34 Bicycle Facilities: The bicycle parking and end of trip facilities required by clause 52.34-
3 and clause 52.34-4 are provided on site and do not require a permit.
5 Planning merits
This section of the report provides an objective assessment of the planning merits of the proposal.
Clause 10.04 of the Mornington Peninsula Planning Scheme (Integrated decision making and decision
guidelines) provides that “Planning authorities and responsible authorities should endeavour to integrate the
range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net
community benefit and sustainable development for the benefit of present and future generations”
(emphasis added).
Ultimately, when considering applications, as set out at clause 65, “the responsible authority must decide
whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause”
(emphasis added).
5.1 Key planning considerations
Based on review of the urban context and the statutory planning context, the key planning considerations
for this proposal are set out and addressed in turn below.
1. Assessment of the proposed required amendment against the strategic assessment guidelines – see
Practice Note 46
2. Is the proposal supported by and aligned to strategic policy objectives?
3. Is the proposal consistent with the zone, overlay and other provisions?
4. Are acceptable built form, urban design, and streetscape outcomes achieved?
5. Will the development be adequately serviced and accessible?
6. Does the project provide net community benefit?
5.2 Strategic assessment guidelines assessment
Given the proposal for a ‘site specific’ exclusion would otherwise require a review of the current zoning,
consideration against the Strategic Assessment Guidelines for evaluating planning scheme amendments is
warranted, in line with Planning Practice Note 46 (PPN46). A review against the criteria suggested in PPN46
is set out below.
1. Why is an amendment required?
An Amendment is required to facilitate development of the subject land for the use and development of a
supermarket with associated retail uses. The proposal could not be facilitated through the usual processes
available and the proposed Amendment will enable the coordinated consideration, approval and delivery on
this site as part of the broader Victorian entry proposal.
In line with PPN46 the Amendment will result in net community benefit and a good planning outcome based
on assessment contained in this report, the economic assessment prepared by Dimasi and Co, and
supporting access and acoustic studies.
2. Does the amendment implement the objectives of planning and address any environmental,
social and economic effects?
The amendment assists in the implementation of the following objectives set out at Section 4 (1) of the
Planning and Environment Act 1987:
▪ To provide for the fair, orderly, economic and sustainable use and development of land;
▪ To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians
and visitors to Victoria.
▪ To balance the present and future interests of all Victorians.
The Amendment seeks to achieve the objectives listed above by allowing land uses that would otherwise
be prohibited, to occur on the site. Given the mixed nature of the zoning to the surrounding land and various
uses, notably the Mornington Homemaker Centre, the proposed Kaufland store and associated retail uses
would complement the established role and function of the Mornington Parkland Industrial Estate and would
positively contribute to the fair, orderly, economic and sustainable use and development of the site.
The proposed land use would not only generate local employment and economic benefits, but it would also
provide a local shopping amenity option within walking distance of nearby residential developments and
workforce. The proposal is considered consistent with the established large format retail character within
the Mornington Parkland Industrial Estate and would positively contribute to the fair and orderly planning of
the area.
The expected improvements to access and movement within the site, and opportunities for landscaping will
create a secure, pleasant and safe place for the community to live and work. The population of the
Mornington Peninsula continues to grow while acknowledging the associated pressure of urban sprawl and
confining this within its UGB.
The proposal responds to the present and future interests of the community, providing a large-scale
employer that enables residents to work locally, as distinct from the circa 40% currently travelling to work
outside of the municipality.
3. Does the amendment address relevant bushfire risk?
Part of the site’s north is within a Bushfire Prone Area pursuant to the Building Regulations 2018, which is
different from planning controls regarding bushfire risk. The planning unit is not located within this Bushfire
Prone Area and therefore not considered relevant for this assessment.
4. Does the Amendment comply with all the relevant Minister’s Directions?
Ministerial Direction No.1 Potentially Contaminated Land
Environmental site investigations have been undertaken by Cardno and the Amendment, which does not
seek to facilitate any sensitive uses, complies with this direction.
Ministerial Direction No. 9 Metropolitan Planning Strategy
The Amendment has been prepared with regard to Ministerial Direction No. 9 – Metropolitan Strategy and
is highly consistent with Plan Melbourne as discussed in part one of this report and with respect to particular
objectives for employment generation for the Mornington Peninsula municipality.
Ministerial Direction on the form and content of Planning Schemes
The Amendment will comply with the Ministerial Direction on the form and content of Planning Schemes.
5. Does the amendment support or implement the State Planning Policy Framework?
The proposed amendment will support the relevant objectives of the SPPF. The Amendment will assist in
achieving objectives in relation to the following Clauses:
Clause 11 - Settlement:
Clause 11 provides strategic guidance for responding to the needs of existing and future communities
through the provision of appropriately zoned and serviced land for commercial, retail, and industrial uses,
among other considerations.
In addition, clause 11.06 seeks to attract investment and create jobs. The Amendment supports clause 11
by providing strategic direction at a local level to facilitate a commercial development, which complements
the mix of land uses in the surrounding area and particularly the Mornington Parkland Industrial Estate and
will also meet the current and future needs of the local community through creating jobs and investment in
the area, in addition to convenient access to daily shopping needs.
Clause 13 – Environmental Risk:
Clause 13 seeks to ensure that potentially contaminated land is suitable for its intended future use and
development and is used safely. As demonstrated in the Preliminary Site Investigation prepared by Cardno
Victoria Pty Ltd there is a low to moderate contamination risk for the proposed development, that the
proposed commercial land uses would not be precluded, and any contamination issues can be appropriately
managed.
Clause 15 – Built Environment and Heritage:
Clause 15 seeks to create urban environments that are safe, functional and provide a sense of place whilst
minimising detrimental impact on neighbouring properties. The Amendment supports this clause by
providing a building design and site layout that is appropriately separated from the closest residential land
to the east of the planning unit, responds appropriately to the built form requirements of DPO2 and clause
22.01 as well as the other similar developments in the Mornington Parkland Industrial Estate. In addition,
the development will be designed to provide functional and safe vehicle and pedestrian movement.
Clause 17 – Economic Development:
Clause 17 encourages development which meets the communities needs for retail, office and other
commercial services. It also seeks to ensure the availability of land for industry and seeks to avoid out-of-
centre development for single use unless there is a net community benefit, which has been demonstrated
through the work undertaken by Dimasi and Co. Further, the Kaufland store itself is a multi-use proposition
containing a broad range of goods and a mixture of retail tenants.
The Amendment takes advantage of underutilised industrial land within the Mornington Parkland Industrial
Estate and makes efficient use of the planning unit.
The proposed Supermarket development will provide convenient retail amenity essential provisions for local
residents and workers. This is considered to be a positive outcome for the local area and will positively
contribute to the viability of the existing industrial precinct through investment and providing complementary
land uses.
6. How does the amendment support or implement the LPPF and specifically the MSS?
The Mornington Peninsula LPPF contemplates restricted retail in out of centre locations where it cannot be
accommodated in centres, whereas the SPPF which seeks to manage out of centre development.
The MSS seeks to encourage the redevelopment of under utilised industrial sites, that makes efficient use
of available infrastructure. Restricted retail uses are only encouraged in industrial areas where it can be
established that they cannot be reasonably located in the existing commercial activity centres and does not
undermine their role. These issues are similar for the retail proposal at hand which is large format in scale
and cannot locate within the established nearby centre due to challenges of land size, land fragmentation
and inadequacy of suitably zoned land. The proposed Amendment addresses these aspects of policy noting
the requirements of Kaufland and the infrastructure available to the site, particularly its convenient location
along Nepean Highway, and balances these policy elements in a net community benefit sense.
The local policy objective at clause 21.07 recognises the need for development to contribute toward the
functional role of industrial areas and the local employment base, and aligned to this industrial strategy
contemplates the future potential of this area within the Commercial 2 Zone which provides further strategic
support to the proposal.
Clause 21.07-3 recognises the difficulties that Activity Centres have in providing the necessary requirements
for uses such as bulky good retailing, that require certain land size areas and vehicle access requirements
which make them unsuitable within activity centres.
The following key factors need to be considered in assessing the site and proposed Amendment:
▪ Consistency with the above aspects of the LPPF.
▪ The SPPF which seeks to manage single use out-of-centre development and Plan Melbourne and its
implementation plan which include recognition of the challenges for new retail formats to obtain a foothold
in centres.
▪ The challenges associated with sourcing a 25,000sq.m site in existing activity centres.
▪ The site’s location within the Mornington Parkland Industrial Estate and the various uses already
contained within this, particularly within the Mornington Homemaker Centre, and the large format retail
stores already existing and as recognised in the Mornington Peninsula Industrial Areas Strategy (April
2018).
▪ The multi-use nature of the proposal opportunity to strengthen employment within the Peninsula with a
large-scale employer, without compromising the future use and development opportunities on the
balance of the site.
▪ The demonstrable net community benefit that the proposal will deliver.
Having regard to the existing conditions of the Mornington Parkland Industrial Estate, elements of the LPPF
and the above factors, on balance the benefits of the proposed Amendment are considered to outweigh any
disbenefits associated with not locating within an existing centre.
As such in an overall and strategic sense the Amendment is aligned to the orderly planning of Mornington
Peninsula, and is considered to be supporting of the MSS vision and delivering the following commitment in
‘facilitating a robust economy - Council will actively support economic development in the agricultural, rural
and commercial sectors which encourages employment opportunities and which are compatible with the
special character of the Peninsula.’
7. Does the amendment make proper use of the Victoria Planning Provisions?
The proposal makes proper use of the Victoria Planning Provisions.
The proposal is consistent with Planning Practice Note 13 (Incorporated and Reference Documents, June
2015), which states that a document must be incorporated if … “the document is necessary to determine
the extent of a planning control”.
Other than updating the relevant schedules to clause 52.03 and 81.01, no further planning scheme changes
are proposed at this stage. This enables the existing zoning framework to be retained pending further
strategic review that may be required e.g. implementing actions of the Mornington Peninsula Industrial Areas
Strategy (April 2018) to the immediate area.
8. Does the amendment address the requirements of the Transport Integration Act 2010?
Based on technical review and assessment undertaken by GTA consultants, the proposed Amendment is
not expected to have a significant impact on the transport system, as defined by section 3 of the Transport
Integration Act 2010.
9. How does the amendment address the views of relevant agencies?
It is proposed that the views of relevant agencies be incorporated through appropriate engagement and
participation through the planning approval process.
10. What impact will the new planning provisions have on the administrative costs of the
responsible authority?
It is not anticipated that the new planning provisions would have any meaningful impact on the administrative
costs of the responsible authority.
5.3 Is the proposal supported by strategic policy directives?
The proposal is supported by strategic policy being located within the UGB of the identified Mornington
Township as recognised in the Mornington Peninsula Strategic Framework Plan (clause 21.04), where it
provides a ‘gateway’ opportunity into the township and the immediate Mornington Parkland Industrial Estate.
The proposal further recognises and continues to appreciate the ‘green break’ between Mornington and Mt
Eliza to the north of the site.
The Mornington Parkland Industrial Estate is defined by the Mornington Homemaker Centre and the large
retail stores and bulky goods associated with this and which differ it from a typical industrial precinct as
recognised in the Mornington Peninsula Industrial Areas Strategy (April 2018). This strategy includes a
potential ‘action’ for the land to be rezoned to the Commercial 2 Zone to better reflect the current and
anticipated future land use outcomes for this precinct.
Clause 21.07 of the Mornington Peninsula Planning Scheme acknowledges that bulky goods retailing is
best suited in clusters developed for such purposes, with the land size area and vehicular access
requirements making them unsuitable to be located within activity centres. Clause 21.07-4 recognises the
relative shortage of these larger allotments which Kaufland requires, and the proposed planning unit aligns
with. This provides an element of support noting the large format scale and breadth of retail offer the
Kaufland store provides.
The proposed location of the development will not undermine or detract from the significance of the
Mornington MAC to the township and greater Peninsula, but rather provides greater opportunity, access
and retail amenity and competition.
The proposal will offer jobs and consumer choice to the Mornington Peninsula with its locational context
appropriate for a large-scale supermarket with excellent traffic linkages and limited proximity and impact to
sensitive land uses.
5.3.1 Plan Melbourne
This project will deliver on some of the major initiatives contained at the top level of planning policy through
Plan Melbourne 2017-2050 in the following ways;
▪ Will attract investment from an internationally renowned supermarket chain, which will also result in
the creation of jobs.
▪ It will contribute to the creation of a city of 20-minute neighbourhoods.
▪ Utilisation of environmentally sustainable design technologies in the building design.
5.3.2 SPPF
This project will deliver on some of the key state planning policies in the following ways;
▪ Creating investment, employment and growth within the Mornington Township.
▪ Facilitating increased local access to employment.
▪ Promoting good urban design by the improving the appearance of the site and designing and
providing a building within an active frontage enhancing the public realm and the perception of safety.
▪ Recognition of the need to create consumer choice to provide a net community benefit in relation to
commercial facilities.
▪ Contributing to the existing mixed-use nature of the neighbourhood by delivering access to a new
large scale retail offering with complementary retail offerings.
5.4 Consistency with zone, overlay controls and other provisions
5.4.1 Zone
The current IN3Z purpose includes:
▪ 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 Zone or Industrial 2 Zone and local communities, which
allows for industries and associated uses compatible with the nearby community.
▪ To allow 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.
It is considered that the proposed use and development of the planning unit is consistent with the purposes
of the current zone in some respects, noting that it:
▪ Avoids conflict with other potential industrial uses.
▪ Is compatible for the nearby community in providing an appropriate response to the site’s only
residential interface.
▪ The site’s location for a supermarket is appropriate in satisfying the relevant locational conditions for
a supermarket.
▪ Is contextually aligned to the large format retail character of the adjacent area.
Notwithstanding the alignment above, the proposal is prohibited due to the size of the leasable floor area
and the requirements of Kaufland. It is not specifically proposed to rezone the land from its existing
industrial zoning as part of this proposal. However, a site-specific exemption is deemed to be appropriate
both in a collective coordination sense and given the mixed nature of the land uses in the Homemaker
Centre which is a recognised specific site with an exclusion incorporated in the Mornington Peninsula
Planning Scheme.
The proposed supermarket use of the proposed planning unit in the context of these surrounding sites and
land uses is consistent with the SPPF and LPPF.
The proposed use will also provide an appropriate transition to the existing residential areas to the east,
with existing vacant industrial land outside of the planning unit creating an approximate 65-90 metre
separation. This potential land parcel and its future redevelopment potential will need to respond to this
residential interface, similar to that occurring south of the site and the existing operations on the subject site.
While the use is prohibited under the IN3Z due to its size, it is considered that the proposed use and
development is appropriate on the proposed planning unit and will have a positive effect on the safety and
amenity of the local community and will not disadvantage the existing use of this atypical industrial precinct
– particularly noting the area is nominated for future application of the Commercial 2 Zone which would
provide a more supportive future zoning framework.
5.4.2 Overlay
The site is included within DPO2, which seeks to ensure an appropriate standard of development is provided
for this prominent area, including a consistent setback to Nepean Highway. The purpose of the Development
Plan Overlay (DPO) includes:
▪ To identify areas which require the form and conditions of future use and development to be shown
on a development plan before a permit can be granted to use or develop the land.
▪ To exempt an application from notice and review if it is generally in accordance with a development
plan.
The proposal has been designed to generally respond to the requirements of the DPO2 and the existing
built form within the Mornington Homemaker Centre, particularly how it presents to Nepean Highway in
adopting a similar front setback that meets the requirements and intent of DPO2.
5.4.3 Car parking and loading
The car parking layout and design has been dictated by the planning unit’s frontage to Nepean Highway,
away from its signalised intersection with Oakbank Road, and similar to the other nearby stores south with
frontage to Nepean Highway.
The statutory car parking requirement is dictated by the parking rates in Table 1 of clause 52.06-5. The
proposed provision of 430 car parking spaces exceeds the statutory car parking requirement of 298 car
parking spaces.
The car park design has been in accordance with clause 52.06-9 design standards for car parking.
Loading is provided at the back of house area separate from pedestrians and the main customer vehicle
access.
The traffic and car parking assessment prepared by GTA Consultants provides further details and confirms
appropriateness of proposed traffic and access arrangements requirements.
5.4.4 Bicycle requirements
Clause 52.34 sets out the statutory requirements for the provision of 29 bicycle facilities for the proposed
development. The proposal provides 36 bike parking spaces on-site. Staff bicycle parking is provided in a
secure area along the northern boundary of the site. The proposal will also generate a statutory requirement
for change rooms and showers under clause 52.34-3, which will be provided.
We refer you to the traffic and car parking assessment prepared by GTA Consultants for further details and
to confirm the appropriateness of proposed bicycle and end of trip facility arrangements.
5.4.5 Liquor
The proposal will incorporate the sale of packaged liquor for consumption off premises in a designated area
of 359sqm. It is envisaged that this liquor will be a component of the primary supermarket use.
Clause 52.27 requires consideration of the impact of the licensed premises on the amenity of the
surrounding area. In this instance, it is submitted the proposal will have a limited impact as the proposed
liquor provision operates ancillary to the supermarket use and is unlikely to have a negative impact on the
amenity of the area by virtue of the surrounding non-sensitive commercial / industrial uses and consumption
off-site.
5.4.6 Signage
A consideration of clause 52.05 and clause 22.10 is relevant to an assessment of signage. The proposal
incorporates several types of signage on the buildings northern and western interfaces as they present to
the streetscapes, with two pylon sites provided within the site. The site is classified as a category 2, low
limitation area in accordance with clause 52.05-8.
Refer to the proposed signage plan prepared by Leffler Simes Architect for details, locations and designs of
the proposed signage. Many of the signs are classified as major promotions signs subject to the definition
in clause 73 of the Mornington Peninsula Planning Scheme as they are over 18sq.m in area.
Kaufland is an international brand, and adherence to established corporate branding is a critical part of its
commercial communication. A signage strategy has been developed specifically for the Australian entry
into the market with careful consideration to local conditions for built form and development.
Overall, the proposed building design is typical of a contemporary supermarket building and signage is used
to add visual interest to each interface as much as for the identification of the premises. The planning unit
and positioning of the building towards the south of the site, the separation of the planning unit from
residential properties and location of signage to the northern and western interfaces enables these large
signs to not unreasonably dominate or visually impact the eastern residential area.
Note, the closest interface of the proposed building at the rear of the planning unit, is separated by vacant
industrial land that creates a buffer between the proposal and existing residential properties which maintain
frontage to Hill Park Drive in excess of 65 metres from the proposed building. Given this separation, it is
submitted that the signs will not create visual clutter. The main Pylon Sign to Nepean Highway is set within
the planning unit and similar to the existing business signage further south within the Mornington
Homemaker Centre. Importantly, no flashing lights or movement of signs is proposed that has the potential
to distract drivers along Nepean Highway, satisfying policy requirements of clause 22.10.
The signs have been positioned at strategic points on the building and site to add visual interest to the
building and contribute to the colour and vibrancy of this key gateway site. Billboard signage will be replaced
regularly to ensure that the signs are maintained appropriately and make a positive contribution to the built
environment.
In the context of the proposed planning unit’s location and the signage associated with the restricted retail
premises further south and the low limitation designation, it is submitted that the signage as proposed is
acceptable.
5.5 Are acceptable built form, urban design, & streetscape outcomes
achieved?
The proposal adopts a design and built form associated with a quality contemporary supermarket proposal.
Clause 22.01 Industrial Areas is relevant to the assessment of the proposal, which are further informed by
the requirements of DPO2. Clause 22.01-2 includes the following objectives of particular relevance:
▪ To achieve orderly design and development in industrial areas by maintaining consistent standards
for buildings in relation to siting, height and building materials.
▪ To provide for the establishment of landscaping, using native vegetation of local provenance where
appropriate, which contributes to the appearance of industrial development and provides screening
where necessary.
The following design elements and recommended standards at Table 1 of clause 22.01-3 are of relevance
to the proposals consideration:
Design
element
Recommended Standard Design Response
Building
setback from a
road frontage
▪ Buildings should be setback in accordance
with the established building line for the
road on which they are to be located.
▪ Where adjoining land is vacant a minimum
setback of at least 15 metres, should be
provided with the first 9 metres set aside
for landscaping.
▪ The building setback may be reduced to 9
metres if the land does not adjoin a Road
Zone and the maximum building height
does not exceed 4.5 metres within 15
metres of the frontage.
The building is setback a minimum
90 metres from the Nepean Highway
frontage, greatly exceeding the
recommended standard of clause
22.10 and responding to the
requirements of DPO2.
Building
setback from a
side road
▪ At least 5 metres, with the setback area set
aside for landscaping.
The building is significantly setback
from the northern Oakbank Road,
greatly exceeding the standard
requirement.
Building
setback from a
residential zone
boundary
▪ At least 20 metres. The building is setback
approximately 65-90 metres from the
eastern residential zone boundary,
exceeding the recommended
standard.
Minimum
landscaped
area
▪ At least 20% of the site area, including the
frontage setback landscape area and
excluding any areas that have a dimension
of less than 3 metres.
▪ A landscaped area with a minimum
dimension of at least 10 metres should be
provided adjacent to a residential zone
boundary or any site occupied by a school
or institutional use.
The front setback set aside for
landscaping is a minimum of 12.8
metres along the Nepean Highway
frontage greatly exceeding the
recommended standard.
The planning unit and associated
building is not adjacent to residential
zoned land, with vacant industrial
providing an approximate 65-90
metre separation.
The proposed areas set aside for
landscaping are reminiscent of other
nearby uses and buildings, further
south of the site and within the
Mornington Homemaker Centre.
Maximum
building height
▪ 10 metres. The proposed building contains a
maximum height of 13.1 metres, with
a feature parapet height of 14.4
metres at its western elevation.
The proposed height allows for the
efficient use of the planning unit and
convenience for future users.
Design
element
Recommended Standard Design Response
The provision of the 4.1 metre high
ground floor car park has raised the
building height above the 10 metre
guidance, however this creates the
benefit of reducing designated areas
for car parking and reducing travel
time for future users, adding to
convenience and safety. The height
is also contextually appropriate
noting the significant setbacks
provided.
Minimum lot
size and
frontage
▪ At least 2000 square metres, with a
minimum road frontage of at least 30
metres.
The planning unit is approximately
19,147 square metres with a 91.29
metre frontage to Nepean Highway.
Subdivision of land does not form
part of the proposal.
Building
materials and
elevations
▪ The external walls of all buildings and
pitched roofing to be constructed of
concrete masonry, brick, colour treated
steel cladding or other similar construction
materials of a non reflective nature.
Building materials are non-reflective
with a range of finishes and colours
provided as described in this report
and documented on the plans.
The urban design approach for Kaufland is generally reflective of the existing restricted retail and bulky-
goods stores south of the site which form the Mornington Homemaker Centre. Similar to these stores, the
proposal obtains primary vehicle access from its Nepean Highway frontage with a landscaped setback
provided before the car parking area and building.
The layout of the planning unit and proposed building are also generously setback from the eastern
residential interface of the site, with vacant industrial land directly behind the buildings rear providing an
approximate 65-90 metre buffer.
A response to the key matters listed above follows.
5.5.1 Built form
The built form has been designed to improve upon the surrounding existing commercial / industrial buildings
and the ‘gateway’ entrance the site provides to the Mornington township. The proposal adopts a design
typical of a contemporary double-storey supermarket development incorporating materials, finishes and
detailing that ensure an attractive and quality built form. The scale and height of the proposed building is
similar to other nearby stores which define the Mornington Homemaker Centre and the various colours,
materials and styles in this section of the industrial precinct.
The built form includes a clearly recognisable and functional entrance along the main (western) façade and
secondary frontage (north), with this conveniently accessed from the ground floor car park. The feature
western entrance is double-storey with glazing and the vertical timber batten acting as a focal point, which
contrasts against the light grey cladding, in-turn creating activation. The northern presentation is secondary
to the western front, with similar materials including the glazing and timber batten again adopted to assist in
the building turning the corner in concert with vehicular/pedestrian movements. The southern and eastern
elevations contain the light grey cladding due to their limited presentation to the car park and pedestrianised
areas, typical of back-of-house services.
Exterior elements and roof top services will be incorporated within the building design and sited
appropriately.
The main car parking area is within the planning unit’s front setback to Nepean Highway and beneath the
building structure for added convenience, further ensuring that its visibility is maximised from this arterial
road as well as the safety of pedestrians and vehicles.
Whilst the overall built form is typical of a supermarket design, the built form response has been carefully
conceived to ensure that the development will provide a meaningful built form contribution to the Mornington
Parkland Industrial Estate and the restricted retail premises and bulky-goods store which form to create an
atypical industrial precinct.
5.5.2 Setbacks & interfaces
The proposal will have generous setbacks to adjoining sites on its southern location of the site. The eastern
boundary is most sensitive given its GRZ2 zoning however is appropriately separated from the planning unit
given the approximate 65-90 metre width of the adjoining vacant industrial land that forms part of the site.
In terms of other interfaces, the building is approximately 90 metres from the Nepean Highway boundary in
response to DPO2 requirements, 6.3 metres from the southern boundary and appropriately separated from
the existing building associated with the Bata Shoe Company of Australia Pty Ltd.
In summary, the relevant boundary setbacks have been informed by the requirements of DPO2 and the
other nearby stores with frontage to Nepean Highway to ensure the streetscape character is continued. The
future redevelopment potential of the vacant land east of the planning unit will need to carefully consider the
built form relationship with existing residential uses east of the site.
5.5.3 Landscaping
Opportunities for landscaping are informed by the DPO2 requirements and the presentation of other nearby
stores to Nepean Highway. While limited trees are within the existing Nepean Highway frontage, the
proposal provides a minimum 12.6 metre wide landscaping strip. Internal to the site and dispersed
throughout the car park area and the building edge, additional opportunities for landscaping is possible.
5.5.4 Fencing & storage
There will be no boundary fencing along the main frontages of the planning unit.
There will be internal gates adjacent to the loading areas and louvres that separate the rear covered ground
floor car parks, and are incorporated into the overall design approach in order to maintain the quality and
character of the development and user safety.
5.6 Will the development be adequately serviced and accessible?
The traffic and transport assessment undertaken by GTA consultants concludes that the proposed vehicle
movements, car parking numbers, and configurations are appropriate noting:
▪ The provision of 430 car parking spaces.
▪ The utilisation of existing access points to the planning unit from the site’s Oakbank Road and additional
access directly from Nepean Highway.
▪ The appropriate provision of bicycle parking.
▪ Satisfactory space for loading and unloading of vehicles supported by swept path analysis and separate
from customer parking ingress/egress.
▪ Satisfactory service vehicle access and manoeuvrability throughout the site as supported by swept
path analysis.
For further details please refer to the assessment provided by GTA consultants.
6 Conclusion
Having regard to the carefully and comprehensively developed planning strategies, policies and controls,
this assessment has demonstrated that overall and on balance, the proposal will deliver significant net
community benefit, and will reflect sustainable and economic development principles as sought by the
Mornington Peninsula Planning Scheme.
For the following reasons, favourable consideration of this significant and important proposal both locally
and collectively as a whole to the State of Victoria, is warranted.
6.1 Net community benefit
Net community benefit will be derived from factors including the following:
▪ Significant employment generated through the construction phase of the project.
▪ Significant ongoing and additional permanent job creation, which is anticipated to be in the order of 100
direct ongoing jobs.
▪ The creation of local employment opportunities through a large-scale employer within the Mornington
Peninsula for residents, that will be equitable in an accessibility sense located within the Mornington
Parkland Industrial Estate on the edge of the township’s UGB.
▪ Greater range and quality of product and grocery lines available to the local community.
▪ Downward pressure on pricing of groceries that can be reasonably anticipated through the creation of
greater competition in the grocery and supermarket sector which has historically and is presently
dominated by a limited number of major operators.
▪ Broader economic and supplier benefits derived from a major investment sourced from offshore funds
additional to the Victorian economy.
6.2 State level planning objectives
▪ The proposal is strongly aligned to and reflective of Plan Melbourne’s key objectives for the city to
become a global city of opportunity and choice, and a city that is innovative and attracts investment
▪ It is also supported by Plan Melbourne directives for accessible employment creation, and the efficient
and competitive use of metropolitan land more generally as the city continues its significant growth
trajectory with accompanying growing demand for retail servicing spread across existing suburban
areas which are to accommodate 70% of new dwelling stock.
▪ The SPPF supports the managed introduction of ‘out-of-centre’ development, particularly where non
‘single use’ outcomes are facilitated and where net community benefit is achieved for the region to be
serviced – both tests that site satisfies, being within the Mornington Parkland Industrial Estate and the
existing uses and built form in this location. In the context of a broader current SPPF policy environment
that is geared towards economic growth, local employment and the pragmatic and efficient use of
metropolitan land the proposal and site responds appropriately.
6.3 Proposed planning framework & approval mechanism
▪ Due to the level of planning and timing certainty required to commit to a significant investment involving
coordination, implementation and operation of six stores, national headquarters and a major distribution
centre, a facilitated planning process is necessary to enable entering and competing in the Victorian
market, including where a review of existing zoning would otherwise be required in this instance.
Hence, the proposed approval via incorporated document pursuant to clause 52.03 is necessary and
appropriate.
6.4 Proposed use and built form
▪ The proposed built form and layout has been shown to be appropriate from a design perspective and from a technical / functional perspective including in relation to accessibility, environmental suitability, acoustic performance and the like.
