VCAT overturns council decision, approves Newcomb servo, restaurant

The state’s planning umpire has overturned a council decision and granted permission for a service station and food outlet to be built in Newcomb.

VCAT has overturned a council decision and will allow for a service station and restaurant at 149 Bellarine Highway, Newcomb. Picture: Alison Wynd

The state’s planning umpire has overturned a council decision and granted permission for a service station and food outlet to be built in Newcomb.

Geelong council’s planning committee determined to refuse to grant a permit for the Bellarine Highway development.

Concerns included the proposed land uses represented an unplanned expansion of commercial uses, and the compatibility of those land uses with adjoining residential land.

The 149 Bellarine Highway site is at the corner of Coppards Rd and currently occupied by a single-storey house.

The land has a total area of about 3867 sqm.

“The council is also concerned regarding the proposed form of development and … impact on the surrounding residential and landscape character, and the impact on the amenity of nearby residential properties,” Victorian Civil and Administrative Tribunal (VCAT) documents showed.

Nearby residents raised concerns relating to the likely traffic impacts of the proposed development on the surrounding road network, and health impacts from fumes associated with the service station, documents said.

Before a VCAT hearing, amended plans were circulated, which included removal of a proposed car wash, more generous landscaping setbacks and reduction of proposed operating hours for the convenience restaurant down from 24 hours a day.

“On my site inspection, walking around Bellarine Highway and Coppards Rd, the review site sits in a context that felt very commercial, and heavily dominated by traffic,”

VCAT member Michael Deidun wrote.

“Further, the review site is a location which would offer a very poor level of residential amenity to future residents, due to the prevailing traffic noise from both abutting roads.”

He said prior to the commencement of the development, amended plans to the satisfaction of council must be submitted to and approved by the City of Greater Geelong.

Documents including a tree protection management plan must be submitted to and approved by council, Mr Deidun wrote.

“Unless otherwise approved in writing by (council), the convenience restaurant hereby approved must not operate other than between 7am – 10pm to the satisfaction of the (council),” his findings said.

“Not more than 36 patrons are permitted to be present within the convenience restaurant shown on the endorsed plans to the satisfaction of the (council).”

The applicant is listed as Gaage Developments.

Originally published as VCAT overturns council decision, approves Newcomb servo, restaurant