Restrictions placed on Loch Ard Drive proposal

A PROPOSED commercial development in Torquay will not be allowed to have take-away food shops and will have restrictions on its height, following a resolution by the Surf Coast Shire.

Councillors considered an update on the planning scheme amendment and planning permit, which would rezone land at 3-5 Loch Ard Drive from General Residential to Commercial 1, at their meeting on Tuesday.

Under the proposal, the vacant block – located next to the existing shops on Loch Ard Drive – would be developed into four commercial premises, an upper level dwelling and associated car parking.

The council considered submissions to the initial amendment and permit application in December, but deferred a decision on the application so the proponent could investigate options for a modified proposal with restricted commercial uses/offices and a dwelling with a lower height.

Since then, the proponent has offered to enter into a Section 173 agreement, which would restrict future uses on the land to exclude take away food premises and convenience restaurants, as well as restricting the height of the dwelling to no greater than 7.5 metres above ground level.

“To me, it’s a much improved agreement,” Cr Hodge said.

Under the motion, successfully moved by Cr Hodge, the Section 173 agreement and draft planning permit will be circulated to all submitters with an invitation to withdraw, amend or add to their submission based on the changes.

Any new or amended submissions received will be reported back to the council at a future meeting.

However, if all objections are not withdrawn, and the shire wants to go ahead with the application, the council will need to request the Minister for Planning to appoint an independent planning panel to consider all submissions and the merits of the application.