KAUFLAND STORES IN VICTORIA ADVISORY COMMITTEE

KAUFLAND STORES IN VICTORIA ADVISORY COMMITTEE STATEMENT OF EVIDENCE BY ANDREW CLARKE ON PLANNING ISSUES Prepared for Kaufland Australia Pty Ltd NOVEMBER 2018 Matrix Planning Australia Pty Ltd A. C. N. 0 9 6 7 4 1 5 5 2 2 nd Floor, 50 B u d d St r e e t C o l l i n g w o o d V i c t o r i a 3 0 6 6 T e l : + 6 1 ( 3 ) 9 4 1 9 3 2 2 2 Fa x: + 6 1 ( 3 ) 9 4 1 9 3 2 4 4

CONTENTS 1 INTRODUCTION: PRACTICE NOTE EXPERT EVIDENCE... 1 2 SUBJECT SITE & ENVIRONS... 2 3 THE PROPOSAL... 5 3.1 KAUFLAND STORES IN VICTORIA... 5 3.2 THE EPPING PROPOSAL... 5 4 PLANNING POLICIES & CONTROLS... 6 4.1 PLANNING POLICY FRAMEWORK... 6 4.2 LOCAL PLANNING POLICY FRAMEWORK... 7 4.2.1 Municipal Strategic Statement... 7 4.2.2 Local Planning Policies... 8 4.3 EXISTING PLANNING CONTROLS... 9 4.3.1 Zoning... 9 4.3.2 Overlays... 12 4.3.2.1 Parking Overlay... 12 4.3.3 Environmental Audit Overlay... 13 4.3.4 Development Contributions Plan Overlay... 13 4.4 PARTICULAR PROVISIONS... 13 5 OTHER STRATEGIC PLANNING DOCUMENTS... 13 5.1 EPPING CENTRAL STRUCTURE PLAN... 13 6 PROPOSED AMENDMENT... 14 7 PLANNING CONSIDERATIONS... 15 7.1 USE AND POLICY... 15 7.2 BUILT FORM AND LAND USE IMPACTS... 16 8 RESPONSE TO SUBMISSIONS... 18 9 CONCLUSIONS... 20 P18018-2

1 INTRODUCTION: PRACTICE NOTE EXPERT EVIDENCE Name and Address of Expert Andrew Clarke Director Matrix Planning Australia 2 nd Floor, 50 Budd Street Collingwood Vic 3066. Qualifications of Expert Bachelor of Town and Regional Planning (Hons), University of Melbourne, 1982 Member, Planning Institute of Australia Refer Curriculum Vitae at Attachment 1. Any Private or Business Relationship between the Expert Witness and the Party for Whom the Report is Prepared None. Instructions Written instructions from Planning and Property Partners Pty Ltd acting on behalf of Kaufland Australia Pty Ltd and dated 2 November 2018 included at Attachment 2 to this report. Facts, Matters and Assumptions Facts, matters and assumptions on which opinions expressed in the report are based are set out in the report. Documents and Materials Taken Into Account The documents and any literature or other materials taken into account in preparing the report are identified in the report. I have based my assessment on the exhibited plans (Revision A1). I understand that based on input from a range of consultants Kaufland Australia Pty Ltd has prepared an amending set of plans (Revision ACP). Examinations, Tests and Investigations All examinations, tests and investigations have been undertaken by me. Summary of Opinion A summary of opinion is included in the Conclusion. Provisional Opinion There are no provisional opinions. Relevant Questions Outside of Expertise There are no matters of relevance outside of my expertise. P18018-2 1

Whether the report is incomplete or inaccurate in any respect As far as I am aware the report is not incomplete or inaccurate in any respect. Declaration I have made all the enquiries which I believe are desirable and appropriate, and that no matters of significance which I regard as relevant have to my knowledge been withheld from the Committee. 2 SUBJECT SITE & ENVIRONS The subject site, 592-694 High Street Epping is a large, highly irregularly shaped lot in 3 parts comprising a total of 3.147 ha. It has carriageway frontage to both High Street and Cooper Street. The lot is constrained by a number of easements. The subject site is currently developed with a former Bunnings Warehouse building over its eastern end currently being used as a furniture and bedding store. It also advertises it has shared warehouse space to rent. The balance of the site is used as access, car parking and landscaping (refer Aerial Photograph and Map 1). The site has a fall of approximately 5 metres from west down to south-east. The site forms part of the Epping Activity Centre. This part of the activity centre east of High Street is known as the Epping Hub and contains a wide variety of retail, industrial, warehouse, restricted retail, offices and food and drinks premises. West of High Street is Epping Plaza, which contains a number of retail premises anchored by major retailers Target, Coles, Woolworths, Big W and Harris Scarfe. Epping Railway Station is located approximately 500 metres east of the subject site on the north side of Cooper Street. The Epping railway line forms the eastern boundary of the subject site. Epping is identified as a Metropolitan Activity Centre under Plan Melbourne 2017-2050. P18018-2 2

Aerial Photograph P18018-2 3

N Map 1: Subject site Eastward view over subject site from High St Epping Plaza as viewed from the subject site P18018-2 4

3 THE PROPOSAL 3.1 KAUFLAND STORES IN VICTORIA As noted in the Advisory Committee s Terms of Reference, Kaufland is a German based grocery chain, and a subsidiary of the Schwarz Group, the world s fourth largest retailer. I am instructed Kaufland currently operates in 28 countries across 11,730 stores and employs more than 400,000 people. The store format that is proposed in Australia as Kaufland stores will be a large full line supermarket, larger than the largest Woolworths and Coles supermarkets. The composition of each store is expected to be 70% food and groceries, 10% packaged liquor and 20% in non-food and non-grocery categories. I am instructed that the Kaufland offer will bring: 1. Regional sourcing. Some products will be sourced from the surrounding region to maximise fresh produce; 2. A new approach to fresh food departments including direct delivery from producers and multiple daily deliveries of fresh produce; 3. A new tier of labels. Kaufland will add to the available brand labels currently available in supermarkets by introducing additional international brands which are not currently available in Australia; 4. A range of non-food general merchandise items, such as crockery and cutlery, cookware, small electrical appliances and white goods and seasonal promotions. 3.2 THE EPPING PROPOSAL The proposal involves the demolition of the existing building and construction and use of a new Kaufland supermarket. The gross floor area of the new building will be 6,717m². Component activities and their leasable floor area are proposed as: Supermarket: 3,610m² Liquor: 354m² Tenancy 1: 224m² Tenancy 2: 34m² Administration Areas: 298m² Food Hall: 284m² Outdoor Eatery: 108m² P18018-2 5

Back of House: 1,178m² TOTAL LEASABLE 6,090m² Non leasable areas include: Entry: 52m² Mall Area: 351m² Public Toilets: 92m² Services: 169m² TOTAL NON LEASABLE 664m² A total of 494 car spaces is proposed accessed from High Street and Cooper Street. Loading access is from an accessway to High Street along the southern and eastern boundaries of the site to a loading area to the north of the proposed building. Building height ranges from 6.75 11.0 metres. An integrated signage pattern including Kaufland s corporate livery is proposed. A 22m high 3-sided pylon sign is proposed near the High Street entry (presumably internally illuminated). I am instructed that the proposed hours of operation are 7:00 am midnight each day. Deliveries are proposed as up to 10 during the store opening hours and one overnight (midnight 7:00 am). 4 PLANNING POLICIES & CONTROLS 4.1 PLANNING POLICY FRAMEWORK The Planning Policy Framework is the enunciation of State and regional planning policies common to all Victorian new format planning schemes and their respective regions. State and regional planning policies relevant to this matter include: Clause 11: Settlement. Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. Planning is to recognise the need for, and as far as practicable contribute towards various outcomes including diversity of choice. Clause 11.01-1R: Settlement Metropolitan Melbourne. The policy seeks to focus investment and growth in places of state significance, including Metropolitan Activity Centres. Epping is identified as a Metropolitan Activity Centre in Melbourne 2050. P18018-2 6

Clause 11.03-1R: Activity Centres Metropolitan Melbourne. The relevant strategy seeks to support the development and growth of Metropolitan Activity Centres by ensuring they are able to accommodate significant growth for a broad range of land uses. Clause 11.03-1S: Planning for Places Activity Centres. The objective seeks to encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community. Clause 15.01-4R: Healthy Neighbourhoods Metropolitan Melbourne. The strategy seeks to create a city of 20 minute neighbourhoods that give people the ability to meet most of their everyday needs within a 20 minute walk, cycle or local public transport trip from their home. Clause 17.01-1S: Employment - Diversified Economy. The relevant strategy seeks to facilitate growth in a range of employment sectors, including health, education, retail, tourism, knowledge industries and professional and technical services based on the emerging and existing strengths of each region. Clause 17.02-1S: Commercial Business. The objective seeks to encourage development that meets the community s needs for retail, entertainment, office and other commercial services. Relevant strategies are: Ensure commercial facilities are aggregated and provide net community benefit in relation to their viability, accessibility and efficient use of infrastructure. Locate commercial facilities in existing or planned activity centres. Provide new convenience shopping facilities to provide for the needs of the local population in new residential areas and within, or immediately adjacent to, existing commercial centres. Clause 18.02-2S: Public Transport. The objective is to facilitate greater use of public transport and promote increased development close to high-quality public transport routes. Clause 18.02-4S: Car Parking. The objective seeks to ensure an adequate supply of car parking that is appropriately designed and located. 4.2 LOCAL PLANNING POLICY FRAMEWORK 4.2.1 Municipal Strategic Statement The Municipal Strategic Statement (MSS) is the expression of the planning vision, objectives and strategies at the municipal level of consideration. Under Clause 21.02-3 of the Whittlesea Planning Scheme MSS the Epping Central Metropolitan Activity Centre Is identified as major location for employment growth. P18018-2 7

On the Municipal Framework Plan Epping is identified as a Metropolitan Activity Centre. Clause 21.04-1: Activity Centre Planning, the MSS states: The City s established Metropolitan Activity Centre is Epping Central. The centre has significant capacity to build on its existing commercial, service and infrastructure assets including Epping Station, the Northern Hospital, Melbourne Polytechnic and the Pacific Epping Shopping Centre. The development of Epping Central provides a significant opportunity to respond to the City of Whittlesea s housing, employment and service needs at a regional scale within an established urban context. The first objective is to provide for a number of major and neighbourhood activity centres each with its own role and function. Relevant strategies to implement this objective are: Continue to reduce the amount of escape expenditure by incorporating a range of other employment and entertainment activities in higher order centres. Allocate unmet potential for the provision of retail floor space in locations which are accessible to existing and future population and which contribute to or promote opportunities for employment generation and provision of public transport. The second objective is to support the development of Epping Central as a Metropolitan Activity Centre. It references the Epping Central Structure Plan. Clause 21.08 deals with Built Environment and Heritage. The third objective seeks to ensure new development in Activity Centres achieves high quality urban design outcomes. Clause 21.10 deals with Economic Development. Strategy 1.4 seeks to increase employment densities with commercial and industrial development in the Epping Metropolitan Activity Centre and Plenty Valley (South Morang) Activity Centre. Clause 21.13 deals with Local Areas, specifically the Epping Central Metropolitan Activity Centre. Strategy 1.3 seeks to Increase employment densities by supporting the development of diverse office, retail and industrial uses in appropriate locations. 4.2.2 Local Planning Policies There are no Local Planning Policies relevant to this matter. P18018-2 8

4.3 EXISTING PLANNING CONTROLS 4.3.1 Zoning Under the Whittlesea Planning Scheme, the subject site is in Activity Centre Zone (AZC1: Epping Central Metropolitan Activity Centre, refer Map 2). Map 2: Zoning The purposes of the Activity Centre Zone are: To implement the Municipal Planning Strategy and the Planning Policy Framework. To encourage a mixture of uses and the intensive development of the activity centre: As a focus for business, shopping, working, housing, leisure, transport and community facilities. To support sustainable urban outcomes that maximise the use of infrastructure and public transport. P18018-2 9

To deliver a diversity of housing at higher densities to make optimum use of the facilities and services. To create through good urban design an attractive, pleasant, walkable, safe and stimulating environment. To facilitate use and development of land in accordance with the Development Framework for the activity centre. A permit is required for buildings and works, unless the schedule to the zone specifies otherwise. The engine room of the zone is in the schedule (ACZ1). ACZ1 sets out various land use and development objectives including: To significantly increase the density of new residential and commercial development. To strengthen links between key attractors, particularly along Cooper Street between Epping Station, Pacific Epping, and the High Street Village (subprecinct 1A). To encourage a mix of uses in locations that ensure the most efficient use of land in the centre, protect the amenity of sensitive uses, and maximise use of existing resources, including: Retail uses, particularly in the retail core, which diversify the local retail offer and help to reduce escape expenditure. To facilitate the development of Precinct 6 as a major commercial precinct with a regional retail focus that reinforces the precinct s role as Epping Central s core retail area. To limit the proliferation of packaged liquor outlets and electronic gaming machines to reduce negative impacts on community health and wellbeing. Built form objectives include: Significantly more intensive development. Strategic redevelopment sites developed at a scale that optimises the opportunities presented and demonstrates exemplary architectural quality. Contemporary architectural style which is well articulated, fit for purpose, adaptable, robust and resilient. High quality landscaping that is integral to the development design. To encourage higher density development throughout the centre, particularly within walking distance of public transport and major services, with a built form transition towards the lower density areas outside the activity centre. P18018-2 10

Under the Epping Central Framework Plan (refer Map 3) the subject site is in Precinct 6: Regional Demand, which extends both sides of High Street south of Cooper Street. Map 3: Epping Central Framework Plan The proposed uses would fall within the planning scheme terms of supermarket, retail premises (shop), food and drinks premises and bottle shop. Supermarket, retail premises and food and drink premises are a Section 1 no permit required uses if located in Precinct 6. Bottle shop is a Section 2 permit required use subject to the following two conditions: Must be located in Precinct 6 or sub-precincts 1A or 4A. Must be at least 200 metres (measured by the shortest route accessible on foot) from a primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a primary school or secondary school. Both conditions are satisfied. P18018-2 11

The control goes on to state that a permit to use land to sell packaged liquor should not be granted if the floor area for the bottle shop component of the use (including sales and storage) exceeds 200 m². As noted the proposed bottle shop is 354 m². The control also includes preferred operating hours of 9:00 am to 9:00 pm. Precinct objectives for Precinct 6 include: To reinforce the role of Precinct 6 as a major commercial precinct with a regional retail focus through the encouragement of: Significantly more intensive uses and development of the land; To encourage a preferred character that will include: A strong and regionally attractive range of retail, commercial, entertainment and community service uses The preferred building height is 9-25 metres. 4.3.2 Overlays 4.3.2.1 Parking Overlay The subject site and Epping Central Activity Centre is in a Parking Overlay (PO1: Epping Central; refer Map 4) Map 4: Parking Overlay P18018-2 12

The overlay prescribes car parking rates for various uses such as: Supermarket: 5 spaces to each 100m² of leasable area; Food and drinks premises: 3.5 spaces to each 100m² of leasable area; Other shop: 3.5 spaces to each 100m² of leasable area. 4.3.3 Environmental Audit Overlay The subject site is in an Environmental Audit Overlay. However no sensitive uses are proposed. 4.3.4 Development Contributions Plan Overlay The subject site is in two Development Contributions Plan Overlays (DCPO 3: Drainage Infrastructure DCP and DCOP14: Epping Central DCP). DCPO3 requires $1.90/m² of additional impervious floor area indexed at CPI rates. Under DCPO14, the subject site is in Charge Area 7. The development contribution is $8,833.29/100m², but redevelopment of an existing building is exempt if it does not add any additional demand (units) to the land. 4.4 PARTICULAR PROVISIONS Particular Provisions relevant to this matter include: Clause 52.05: Signs Clause 52.27: Licensed Premises. Both provisions require permission for signs and licensed premises. 5 OTHER STRATEGIC PLANNING DOCUMENTS 5.1 EPPING CENTRAL STRUCTURE PLAN The Epping Central Structure Plan (Amended December 2013) provides the strategic justification for the current Activity Centre Zone controls and is a reference document in the Whittlesea Planning Scheme. P18018-2 13

The Public Transport Map on page 24 of the structure plan identifies that the subject site is in an area designated as significant increase in development density to integrate with public transport interchanges. The Retail Policy Statement (page 31) foreshadows an additional 113,000 m² of new retail development. The Retail Map on page 32 of the structure plan identifies the subject site as being in an area where retail based development is supported. The recommendations for the subject site and the area east of High Street is Employment focussed mixed use higher-density development. Offices and large-format retail at ground floor with office and residential above. (page 72). 6 PROPOSED AMENDMENT The draft planning scheme amendment seeks to include the land in a Specific Controls Overlay, with the use and development of the land as a Kaufland store controlled by an Incorporated Document. The Specific Controls Overlay was recently introduced by Amendment VC148 and is intended to replace the Specific Sites and Exclusions Particular Provision. It is similar but the overlay provides greater transparency by identifying the area subject to the Incorporated Document on a planning scheme map. I have perused the Incorporated Document. Its content is similar to a planning permit. It provides for the following: It provides for the subject site to be used as proposed without a permit; It requires the land to be developed and used generally in accordance with specified plans and detailed endorsed plans; It contains conditions relating to: Compliance with SEPP N-1; Preparation of a waste management plan; Preparation of a loading management plan; Preparation of a landscape plan; Traffic mitigation and management report and implementation; Preparation of a façade and materials strategy; ESD report and implementation; Preparation of a construction management plan; Signage; Expiry of control. P18018-2 14

As a starting point, I have no matters of substance that should also be included. Other matters may arise as a result of submissions (particularly some conditions requested by Government agencies) and during the course of public hearings. The purpose of the Specific Controls Overlay is: To apply specific controls designed to achieve a particular land use and development outcome in extraordinary circumstances. The proposed uses and development could have been dealt with as a permit application as none are prohibited. However, the proposal forms one of six initial sites intended for the Kaufland entry into Victoria, some of which are currently prohibited, so a relatively simple and standardised approvals approach has been adopted for all sites. The extraordinary circumstance is the almost simultaneous establishment of a number of new format supermarket stores entering the Victorian market. 7 PLANNING CONSIDERATIONS The proposal raises the following planning considerations: 1. Appropriateness of the use at this location from a planning policy perspective; 2. Built form and land use impacts to neighbours; 7.1 USE AND POLICY State, regional and local policy strongly support the aggregation of retail facilities into activity centres, and in particular identifies Metropolitan Activity Centres, such as Epping, as a focus for investment and job creation. Implementing this policy position, the Activity Centre Zone that applies to the subject site identifies that supermarket, retail premises and food and drinks premises are as of right uses in the zone that do not require planning permission. There is no other policy or control under the Whittlesea Planning Scheme that would represent a conflicting objective or outcome that the Advisory Committee needs to address and balance from a net community benefit perspective. The only policy issue raised by the proposal is the discretionary restriction of the bottle shop to 200m² floor area and its trading hours. P18018-2 15

A similar situation was raised in the decision of VCAT Deputy President Dwyer in Hunt Club Commercial v Casey City Council [2013] VCAT 725. In that case Casey City Council amended a development plan that applied to the Cranbourne East neighbourhood activity centre by inserting a requirement that packaged liquor outlets that occupy more than 10% of the total retail floorspace of a supermarket will not be supported. Council subsequently amended its position that a packaged liquor outlet should have a total floor area that does not exceed 300m² of retail floor area (in the case of a stand-alone outlet) or 10% of the retail floor area of the supermarket (in the case of the outlet being a component of a supermarket) and It should be subject to trading hours that are responsive to the need to minimise alcoholrelated harms and associated amenity impacts in the Cranbourne community, having regard to the outcomes of a social and economic impact analysis. The Tribunal found: the scope of relevant considerations under clause 52.27 of the Casey Planning Scheme is not restricted solely to impacts which manifest themselves into an amenity impact on the surrounding area. However, as a matter of general principle, a broad concern about the social harm caused by alcohol, the accessibility of alcohol in the community generally, or the potential for the abuse or misuse of alcohol, will rarely (if ever) be a relevant planning consideration in the exercise of discretion for a particular licensed premises under clause 52.27. On this basis the Tribunal ordered the Council proposed amendments be deleted. I find no reason for the limitations sought other than to address the social harm related to the abuse or misuse of alcohol. This is evidenced in the last dot point of Clause 2.0: Land Use and Development Objectives to be Achieved in ACZ1 which seeks to limit the proliferation of packaged liquor outlets and electronic gaming machines to reduce the negative impacts on community health and wellbeing. I find the circumstances of both cases are similar and the control should be given little weight. Nevertheless, an additional condition could be included in the Incorporated Document restricting the hours of the bottle shop, say from 9:00 am 9:00 pm. I note the Incorporated Document does not prescribe general hours of operation (noting above they are proposed as 7:00 am midnight, daily). Given the uses other than bottle shop are as of right in the existing ACZ1 I consider a limit is unnecessary and there are no sensitive uses proximate to the site that would necessitate such a control. If such a control was proposed it should be qualified by words such as Except with the further consent of the responsible authority,. 7.2 BUILT FORM AND LAND USE IMPACTS The proposed building is contemporary but nevertheless uncomplicated in design. External building materials are predominantly timber pattern and dark grey cladding and glass. The building footprint is substantially smaller than the existing former Bunnings store building. P18018-2 16

The location of the proposed access arrangements for cars and delivery vehicles are unchanged from the present. The loading bay and loading access are well removed from sensitive uses such as dwellings. The site is well removed from sensitive uses such as dwellings, the closest of which are on the opposite side of Cooper Street. The distance between those dwellings and the proposed building is approximately 150 metres so there will be no adverse built form impacts. ACZ1 contemplates (Clause 5.6-2): Multi-level mixed use development with active frontages, increased built form presence to Cooper Street, High Street and Deveny Road, with reduced visual presence of parking and paved areas. Whilst the Committee will be receiving separate urban design evidence, I make the following observations about this: This side of High Street comprising mostly retail uses is predominantly single storey in character; The proposal does not contemplate a mix of uses other than retail; The existing character of the site is of a single level building behind car parking visible and extending to High Street; Other than access, the subject site does not have a High Street frontage; The existing character of the opposite side of High Street and the south side of Cooper Street west of High Street is generally buildings located behind car parking visible and extending to both street frontages; Much of the western portion of the site is affected by carriageway easements. In terms of pedestrian access, the site is closer to the Epping Railway Station than other supermarkets in the Epping Metropolitan Activity Centre with access proposed from Cooper Street along a dedicated footpath to the store entry. Footpath access is also proposed from the High Street access point to the store entry. Signalised pedestrian crossings are provided at the High Street entry providing access to other parts of the activity centre west of High Street and around the station with either existing or proposed new footpath access. In terms of advertising, the advertising theme appears to be well integrated. However, the 22m high pylon sign appears to me to be unnecessarily high. Again, I understand separate urban design advice will be provided to the Committee. I understand that parking is provided at rates higher than the minimum planning scheme requirements. An over-provision is of no particular concern. An under-provision would be more of a concern. P18018-2 17

8 RESPONSE TO SUBMISSIONS Submissions E01 and EO5: VicRoads Many of the conditions requested are already covered in the Incorporated Document. Subject to expert traffic engineering, urban design and landscaping advice other detailed matters raised could also be included. Submission E03: City of Whittlesea (Draft) Refer to Sections 7.1 and 7.2 of this report. In addition: Signage I agree the 22 metre high pylon sign is unnecessarily excessive. Landscaping and Water Sensitive Urban Design These matters are dealt with as conditions (ESD and landscaping) in the Incorporated Document. Open Space A pedestrian plaza is now proposed. Appendix 1 I note the submission includes development proposals for land that is outside the Kaufland site or extensively covered by carriageway easements (refer also to Submission E04). The pedestrian connections/links are provided (their adequacy to be addressed by traffic engineering evidence). Submission E04: Tract on behalf of Aventus Epping Retaining Wall I note a ramp connection between both sites is now proposed through the proposed retaining wall. Land Use Exemptions I note the Incorporated Document requires the endorsed plans to be generally in accordance with specified plans which are prescriptive about permitted uses and does not mention the uses raised. Advertising Sign I agree the 22 metre high sign is excessive. Submission E06: Transport for Victoria The first two conditions can be included as requirements of the CMP. The third condition can be treated as a separate condition in the Incorporated Document. All are relatively standard conditions. P18018-2 18

Submission E07: IGA Epping Submission G03: Ritchies Stores Submission G04: Victorian Small Business Commission Increased competition, possible store closures, employment issues The submission raises principally economic competition arguments and I understand economic evidence will be provided to the Advisory Committee. Process The process provides a public forum for written and verbal submissions. Submission E08: BMDA on behalf of QIC and Bevendale Planning Policy Other than the bottle shop, all uses are as of right no permit required uses in the ACZ1. Use of SCO The use of SCO and its associated Incorporated Document is similar to a planning permit that would issue under ACZ1. Inconsistent with Epping Central Structure Plan Refer to Section 7.2 of this report. Submission G01: EPA Land Use Conflict The site is not proximate to residential uses that would necessitate the suggested delivery times. SEPP N1 Compliance with SEPP N1 is included in the Incorporated Document. Construction Management The Incorporated Document requires a CMP. The specific matters raised could also be itemised in the control. Submission G02: Fastnet Consulting on behalf of Master Grocers Association Planning Policy Other than the bottle shop, all uses are as of right no permit required uses in the ACZ1. No floor space cap There is no floor apace cap in the existing ACZ1. Retail floor space caps are usually avoided in Metropolitan Melbourne retailing zones. In any event the Incorporated Document requires the uses and development to be generally in accordance with specified plans which specify floor areas for the various activities proposed. P18018-2 19

Increased competition, possible store closures, employment issues The submission raises economic competition arguments and I understand economic evidence will be provided to the Advisory Committee. Inconsistent with ACZ1 Refer to Section 7.2 of this report. 9 CONCLUSIONS I am of the view that: 1. In terms of the existing planning policy and control matrix the proposed Kaufland store at Epping is strongly supported by State, regional and local policy and that there are no competing policies that need to be considered. The principal uses are already as of right uses in the existing Activity Centre Zone that do not require a permit. 2. There are no adverse land use or built form impacts of the proposal to neighbours. I have made all of the enquiries that I believe are desirable and appropriate and that no matters of significance which I regard as relevant have to my knowledge, been withheld from the Advisory Committee. Andrew Clarke B.TRP (Hons.), MPIA 16 November 2018 P18018-2 20

ATTACHMENT 1: ANDREW CLARKE CURRICULUM VITAE P18018-2 1

CURRICULUM VITAE ANDREW CLARKE OCCUPATION: Consultant Town Planner DATE OF BIRTH: 9 th July 1960 NATIONALITY: Australian ACADEMIC QUALIFICATIONS: Bachelor of Town and Regional Planning (Hons.), University of Melbourne, 1982 PROFESSIONAL AFFILIATIONS: Corporate Member, Planning Institute of Australia Member, Victorian Planning and Environmental Law Association SUMMARY OF CAREER HISTORY: Director, Matrix Planning Australia Pty Ltd, 2001-present Planning Manager, Fisher Stewart Pty Ltd, 1995-2001 Senior Planner, SJB Planning Pty Ltd, 1993-1995 Senior Planner, Fisher Stewart Pty Ltd, 1992-1993 Town Planner/Senior Planner/Associate, Wilson Sayer Pty Ltd/Wilson Sayer Core Pty Ltd, 1982-1991 OVERVIEW OF EXPERIENCE AND EXPERTISE Since 1982, Andrew Clarke has been employed as a consultant town planner, providing advice to private individuals and firms, as well as Commonwealth, State and local government. The particular expertise of Andrew Clarke has been in the area of planning and development approvals associated with a range of residential, commercial, industrial, recreational and institutional development projects. Andrew regularly appears as an expert witness in planning panels, tribunals and courts. Between 1988 and 2015, Andrew was regularly appointed by the Minister for Planning to sit on and chair planning panels and enquiries including advisory committees, environment effects statements and planning scheme amendments. Andrew is a former secretary (1990-91 and 1992-93) and chair (1993-94) of the Australian Association of Planning Consultants (Victoria Division). Andrew established Matrix Planning Australia Pty Ltd in June 2001 as a town planning consultancy. P18018-2 1

Representative projects undertaken by Andrew under the Matrix Planning Australia Pty Ltd banner include: Melbourne Cricket Ground Northern Stand Redevelopment for MCG5 Sports Architects on behalf of the Melbourne Cricket Club and Melbourne Cricket Ground Trust (2001) Central Creek Grasslands Residential Subdivision and Conservation Project for the Urban and Regional Land Corporation (2001) Pharmacy College, Redevelopment, Royal Parade Parkville for the City of Melbourne (2001) Watt Road Mornington, Residential Rezoning and 100 Lot Subdivision for private client (2001-2002) CSIRO Division of Petroleum Resources, Syndal, Subdivision Development, for CSIRO (2002) Hutchison Telecommunications Mobile Phone Towers Visual Impact Assessment, Hoppers Crossing (2001) Marlows Ltd, Marlows automotive outlets, Sunshine and Preston (2001-2002) Melbourne Sports and Aquatic Centre, Stage 2 Redevelopment for 2006 Melbourne Commonwealth Games (2002) The Esplanade Hotel, St Kilda Redevelopment for the City of Port Phillip (2002) Deakin University Melbourne Campus, Burwood, development control advice for Deakin University (2002) BassGas Project Environmental Effects Statement Panel Inquiry Chair for Victorian Department of Infrastructure (2002) Cheltenham Green: Land Subdivision, Apartment and Townhouse Complex, Cheltenham for VicUrban (2003) (2008 Winner Urban Development Institute of Australia (Vic) Award for Excellence in the category of Urban Renewal Projects) West Field Coal Mine Hazelwood Project, for International Power Hazelwood (2004-2005) Various School Building and Site Extensions for Brighton Grammar School (2004) Parkside Gardens Residential Subdivision, Shepparton, for VicUrban (2004) South Melbourne Supermarket and Mixed Use Commercial Development, for private client (2005) Mortlake Gas Fired Power Station, for Origin Energy (2005-2006) School Expansion Planning Scheme Amendment and Stage 1 Buildings Permit, for Donvale Christian College (2005-2006) and Plenty Valley Christian College (2008-2009) Princes Highway, Traralgon Bypass, for Department of Primary Industries (2007) Shaw River Gas Fired Power Station and Gas Pipeline, for Santos Ltd (2009-2010) Planning Controls Assessment, Nelson Place, Williamstown for Nelson Place Village Pty Ltd (2011) Numerous Licensed Premises Amenity Impact Assessments (ongoing) Numerous residential unit and land subdivision proposals for various private clients (ongoing) Numerous highest and best use advices and opinions in relation to land acquisition and compensation cases P18018-2 2

ATTACHMENT 2: INSTRUCTIONS P18018-2 3