By Parker McKenzie
A plant nursery in a residential Upwey street was the catalyst for a lively debate in Yarra Ranges’ Council Meeting on Tuesday 23 May, ultimately resulting in the decision on whether to award it a planning permit being deferred.
Council officers recommended that the planning application for “use of a nursery and reduction of car parking requirement” at the Morris Road residence should be refused because the proposed plant nursery was inappropriate for a low-density residential zone, it was not compatible with the existing surrounding residential use, the single-use retail purpose was outside the Upwey activity centre, the proposed carpark was inappropriately designed, the proposal would have a negative impact of the amenity of the area and the application did not comply with the on-site car parking requirements.
Nicci Foster from Tapir Planning and Design, in objection to the recommendation and on behalf of the applicant, said in her considerable experience the project was “exceptionally low risk.”
“The other deciding factor in me taking on the application was the owners who are such lovely people and just want to humble existence running a small business within reach of one of their elderly mothers who were suffering from illness,” she said.
“Councils should be supportive of small businesses doing their best and providing a really wonderful service to the community. They should not be a weapon for NIMBYism and bullying and whoever shouts loudest wins.”
The motion to reject the application had an equal number of submissions supporting and opposing it during the consultation period.
A second speaker said she was appearing at the meeting on behalf of a number of local residents who support the Council’s decision to deny the planning permit.
“There reason that we do not agree with the application that has been made is first and foremost safety, the traffic risks that this proposal presents are quite high,” she said.
“It is adding unnecessary risks to the local population, particularly our young school children and it has the potential to really damage the tranquil environment that people seek out when they’re moving to the hills, and approval would set quite a dangerous precedent for the broader Hills community.”
After questions to the speakers and council staff, Streeton Ward Cr Andrew Fullagar said he had spent a substantial amount of time reading, analysing and thinking about the application before deciding to support the council’s decision to reject it.
“On one hand, we have a lovely couple whom we’d like to help. On the other hand, we have to interpret and apply state planning laws and consider the community as a whole,” he said.
“With that lens, I believe the council officers have reviewed this application thoroughly and fairly, and I support the recommendation.”
With a mixed response from counsellors — with Cr Fiona McAllister speaking in support of the motion and Cr Len Cox and Mayor Jim Child against it —the motion to reject the application was voted down by the councillors.
Mayor Child introduced an alternative motion to approve the permit with minor changes, which Cr McAllister labelled “extremely disappointing.”
“I’m probably fine with us approving this application, but to get an alternate recommendation, with planning conditions handed to us in the chamber, is extremely disappointing,” she said.
“I would prefer we deferred it to allow due process and counsellors to actually read what we’re being asked to make a decision on.”
The motion to approve the alternative motion was voted down before the council unanimously voted to defer the decision on the planning permit until its next meeting.
