Yarra Ranges Council has rejected an Upwey couples planning permit for a nursery at their residential address on Morris Road.
At the Tuesday 13 Council meeting, councillors undertook a second lengthy debate on whether the commercial venture should be allowed to continue after it was deferred at the Tuesday 23 May meeting following a lively and sometimes tense discussion.
Maxwell O’Brien, from Tapir Design and Planning, spoke on behalf of the applicant for the permit.
“The proposal is a change of use application for a small plant nursery in a low-density residential zoning application for plant nursery,” he said.
“Nurseries are considered to be largely compatible with low-density residential zone due to the landscape nature and their ability to operate at this scale with minimal traffic.”
He said some of the comments made in the last meeting “were unacceptable” and he didn’t feel they were within the conduct permitted in meetings.
“Specifically to the comments about illegal trade in general, but also during COVID-19 I’d like to clarify that no states did our clients trade illegally, they received information prior to commencing their businesses business that they should run as a home-based business,” Mr O’Brien said.
“Once a complaint had been received about the business…they were considered an essential service and operated delivery during Covid with occasional click and collect which was also permitted during this time.”
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.
A local resident spoke in support of the council officer’s recommendation to reject the planning application and said there are multiple businesses in Upwey offering similar services in retail areas.
“These shop owners pay the appropriate rent are compliant with all of the local laws and were compliant with the lockdown laws,” she said.
“They might be lovely people. I don’t know them personally. But I would like to remind the council that this is a planning matter and not a character assessment.”
Cr Andrew Fullagar, Fiona McAllister and Joanna Skelton spoke in support of the council’s recommendation to reject the application.
Cr Fullagar, whose ward includes Upwey, said it was appropriate to delay the decision to ensure councillors had time to reflect on the facts.
“The big one for me is that the applicants haven’t proved the net benefit to the community. And that’s a key one for me,” he said.
“Council, it is our duty tonight to assess the application on the planning merits and to consider the potential impact on the wider community. With that in mind, I believe the council officers reviewed this application thoroughly and fairly.”
The council unanimously voted to reject the planning application.
