By Romy Stephens
The outcome of a planning application to rezone a Green Wedge Zone in Sassafras has resulted in a win for both the applicant and the community.
In February, Yarra Ranges Council requested an independent panel to review a planning application for 361-365 Mt Dandenong Tourist Road Sassafras.
The application sought to rezone the site from green wedge to commercial, to ensure the businesses on the site could remain in compliance with the planning scheme.
The panel’s recommendation to apply a site Specific Control Overlay (SCO), rather than rezone the land, was passed by councillors at their 25 August meeting.
Louis Delacretaz spoke in support of the SCO. He said there was “clear community support” to keep the land as green wedge and retain the existing uses, which included a nursery and cafe.
“The panel concluded that rather than rezone the site it would be more appropriate to apply a site Specific Control Overlay to regularise any existing unlawful aspects,” he said.
“I support that recommendation to abandon the commercial rezoning and instead use the site Specific Control Overlay.”
However, Mr Delacretaz raised concerns about the permitted uses under the SCO, which included the potential development of a laundromat or adult sex shop.
“It’s confirmed that each land use includes all the associated uses in the planning scheme definitions,” he said.
“This means that in a few years an application could be made on this land for a gambling premise, including a betting agency or gambling premises, a motor vehicle, boat, caravan sales or car sales, supermarket, trade sales, timber yard, a bar or a hotel.”
But Councillor Mike Clarke said there were other parts of the planning scheme that would restrict and prevent inappropriate facilities.
“This has been a very delicate balance that has been well negotiated between our strategic planners and the planning panel leaders who are very highly acclaimed accomplished in this field,” he said.
“That balance is between setting up the future to have flexibility but at the same time to avoid any undesirable business for this locality.
“An adult sex shop can’t happen there anyway because it’s within short range of a primary school.”
The site is currently a Green Wedge Zone occupied by a bakery, bonsai nursery, a second nursery and tourist information centre – the latter two functioning out of shipping containers.
Simon Merrigan, who spoke on behalf of the applicant, said his client accepted the panel’s and the council officers’ findings.
He added that the impact of Covid-19 on the site’s businesses meant it was critical for the application to be approved.
“The intention of my client is to be able to allow the existing uses to continue but also to allow for flexibility into the future recognising that businesses can change,” Mr Merrigan said.
“The nursery tenant on the site has not been able to continue and so my client is going to need to find a new tenant for the site.
“That’s really a demonstration of how critical it is for this amendment to go through because as it currently stands, the cafe on site…wouldn’t be able to continue without this amendment because the cafe is dependent on being in conjunction with the nursery.”
Considerable debate from councillors went into a proposed alternate recommendation, which offered to add additional restrictions to the SCO. A deferral of the decision was also discussed at the council meeting.
However, in the end councillors voted unanimously for the initial SCO recommendation.
