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AGENDA

FOR THE ORDINARY MEETING OF COUNCIL TO BE HELD ON

TUESDAY 24 MAY 2016 COMMENCING AT 7.30 PM IN THE

COUNCIL CHAMBER, MOUNT ALEXANDER SHIRE CIVIC CENTRE

CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.

Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 24 May 2016 of 89

TABLE OF CONTENTS

1. PRESENT 4

2. APOLOGIES 4

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4

4. MINUTES 4

4.1. ORDINARY MEETING OF COUNCIL – 10 MAY 2016 4

5. PUBLIC QUESTION TIME 5

6. PETITIONS AND JOINT LETTERS 5

7. COMMITTEE REPORTS 5

8. ASSEMBLIES OF COUNCILLORS 5

8.1. ASSEMBLIES ON 3 MAY (2.00 PM) AND 10 MAY (6.00 PM) 2016 5

9. OFFICER REPORTS 11

9.1. A VIBRANT HEALTHY COMMUNITY (VIB) 11 VIB 08 ADOPTION PUBLIC OPEN SPACE STRATEGY 11

9.2. BETTER COMMUNITY FACILITIES (BET) 17 NO REPORTS 17

9.3. A THRIVING LOCAL ECONOMY (ECO) 18 ECO 28 PLANNING PERMIT APPLICATION 258/2015 – 8 LOT SUBDIVISION

AT CA5 AND 5A SECTION 4A, PARISH OF CASTLEMAINE, 59 MOSCRIPT STREET, CAMPBELLS CREEK AND CA114, CA114A AND CA115 SECTION 4A, PARISH OF CASTLEMAINE, 4 AJAX LANE, CAMPBELLS CREEK (PA258/2015) 18

ECO 29 PLANNING PERMIT APPLICATION PA299/2015- USE AND DEVELOPMENT OF A DWELLING AT CROWN ALLOTMENT 11B SECTION A1 PARISH OF CASTLEMAINE, 72 SPECIMEN GULLY ROAD, BARKERS CREEK 35

ECO 30 PLANNING PERMIT APPLICATION 256/2015 - USE AND DEVELOPMENT OF A CAMPING SITE AND ROAD WORKS AT LOT 1, TP235155V, 47 COOKS LANE, TARRENGOWER (PA256/2015) 51

ECO 31 PLANNING PERMIT APPLICATION 187/2015- USE AND DEVELOPMENT OF FOUR DWELLINGS AT CA 7, 8, 9 AND 12 SEC 5A AND CA4, SEC 6A PARISH OF HARCOURT, 10 CRAIGIE STREET, HARCOURT (PA187/2015) 66

9.4. BUILDING SUSTAINABLE COMMUNITIES (COM) 75 COM 34 LODDON CAMPASPE INTEGRATED TRANSPORT STRATEGY 75 COM 35 REQUEST AUTHORISATION FOR AMENDMENT C81 – REZONING

OF FORMER CASTLEMAINE POLICE STATION AND FREDERICK STREET CARPARK 79

COM 36 STRUCTURE OF RURAL COUNCILS VICTORIA 86


10. DELEGATES REPORTS 89

11. NOTICE OF MOTION 89

12. URGENT SPECIAL BUSINESS 89

13. MEETING CLOSE 89

SEPARATE ATTACHMENTS: Separate Attachment VIB 08A: Public Open Space Strategy, Jason Moran SED Advisory, March 2016 Separate Attachment COM 34A: Loddon Campaspe Integrated Transport Strategy Final Document – April 2016 Separate Attachment COM 36A: Rural Councils Victoria Incorporated Rules


ACKNOWLEDGEMENT OF COUNTRY

To start the official proceedings I would like to acknowledge that we are meeting on Jaara country

of which the members and elders of the Jaara Jaara community and their forebears have been custodians for many centuries

and have performed age old ceremonies of celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region.

1. PRESENT

2. APOLOGIES

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL – 10 MAY 2016

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 7.30 pm on 10 May 2016 at the Mount Alexander Shire Civic Centre have been circulated to Councillors. The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council held on 10 May 2016 be confirmed.


5. PUBLIC QUESTION TIME

6. PETITIONS AND JOINT LETTERS

Nil

7. COMMITTEE REPORTS

Nil.

8. ASSEMBLIES OF COUNCILLORS

8.1. ASSEMBLIES ON 3 MAY (2.00 PM) AND 10 MAY (6.00 PM) 2016

RECOMMENDATION

That the Records for the Assemblies of Councillors on 3 May at 2.00 pm and 10 May at 6.00 pm 2016 be entered into the record of this meeting (Attachments 8.1 and 8.2).


9. OFFICER REPORTS

9.1. A VIBRANT HEALTHY COMMUNITY (VIB)

VIB 08 ADOPTION PUBLIC OPEN SPACE STRATEGY

Responsible Director: Acting Director Sustainable Communities Responsible Officer: Manager Liveable Communities Original Document: DOC/16/17408

Purpose 1.

The purpose of this report is for Council to consider adoption of the Public Open Space Strategy.

Refer to:

Separate Attachment VIB 08A: Public Open Space Strategy, Jayson Moran SED Advisory, March 2016

Background 2.

In April 2015, Council appointed SED Advisory to develop the Public Open Space Strategy through a review of Council strategies and plans relating to open space, analysis of current and future population trends and engagement with key stakeholders and members of the community.

The aim of the Strategy is to guide the planning, future provision, development and preservation of open space across the Shire for the next 15 years as well as providing Council with guidelines for a developer contribution program and management.

On 15 March 2016, Councillors were presented with the draft Strategy and the key findings and recommendations at a Briefing. The draft Strategy was on public exhibition for a two week period for the public to provide feedback.

Policy and Statutory Implications 3.

The development of the Strategy is consistent with the following goals and objectives identified in the Council Plan 2013 – 2017:

• Better Community Facilities – to provide access to well-maintained sporting and recreation facilities for all residents

• A Vibrant and Healthy Community – to provide an environment for a healthy, active, prepared and resilient community

• Building Sustainable Communities – leading by example in our approach to sustainability and the environment and actively respond to climate change

The Public Health and Wellbeing Plan 2013 – 2017 recognises the importance of how the built and natural environments can positively impact health and prioritises infrastructure improvements that supports passive and active recreation.

The Investing in Sport Strategy 2011 identifies that Council has an important role to play in promoting health and preventing illness to the whole community by providing and maintaining infrastructure like parks and reserves, swimming pools, sports grounds and facilities for organised sport and informal physical activity.


The Arts Strategy Action Plan 2015 – 2017 prioritises the invigoration and activation of public spaces through a public arts program, enhancing open space in the municipality.

Issues 4.

Vision and Principles

The Strategy identifies the following vision for open space:

Mount Alexander Shire has a diverse range of attractive, appealing and sustainable public open spaces that protect and enhance natural environments, support a range of physical activity participation opportunities and enhance the character of individual townships or neighbourhoods in which they exist.

This vision is supported by nine guiding principles that underpin Council’s role in open space planning, provision and management:

Principle Description

Access and Connectivity

Council recognises that all residents should have access to appropriate open space reserves regardless of their socio-economic status, ethnicity, age, gender, ability or geographic location.

A high level of connectivity to/from and within open space reserves will be encouraged in order to enhance overall walkability of townships and settlements and to support uptake of active transport options and informal physical activity participation which includes walking and cycling.

Diversity and Choice

Council encourages and supports a variety of culturally relevant open space options that enable individuals to make choices based on their needs and interests.

Lifelong Involvement

Council recognises that whilst individual activities may be structured by defined age categories, overall opportunities for participation and use of open space should not be limited by age.

Hierarchical Approach

Council supports a hierarchical approach to open space management which recognises that different standard of facilities, assets and maintenance may be required to support different levels of participation, catchments or functions.

Sustainability

Council encourages and supports the development, maintenance and enhancement of sustainable open space environments (i.e. social, economic and environmental sustainability).

Healthy Communities

Council supports development of open space reserves that facilitate healthy lifestyles, community connectedness and social cohesion.

Community Participation Council will provide open space venues and facilities that

support a range of formal and informal sport, recreation,


physical activities, community events, festivals and gatherings.

Council will actively support and encourage community involvement and stewardship in the management of appropriate open space reserves.

Shire Character

Council will utilise open space to provide relief from urban development and to preserve and enhance the natural and rural qualities of the Shire.

Open space reserves may also be used to help support cultural expression and diversity through the use of public art, nature play, festivals, community gatherings and associated uses.

Environment & Cultural Protection

Council will utilise open space reserves to protect and enhance native flora, fauna, habitat, landscape and/or areas of environmental or cultural significance.

Strategic Management Directions

The Strategy recommends the following actions across five specific directions:

Policy

1. Recognise the Public Open Space Strategy within the Mount Alexander Shire Planning Scheme as a Reference Document.

2. Council to adopt the Public Open Space Strategy. 3. Establish a Council policy and/or guidelines to effectively guide commercial

uses and activities within Council controlled reserves, including signage and advertising.

4. Establish a Council policy and/or guidelines that clearly outline Council's approach to vegetation protection and bushfire preparedness.

Planning and Management

5. Explore opportunities to increase levels of Council support/resourcing for community groups or agencies in order to promote stewardship, conservation and enhanced environmental outcomes for waterway and conservation and environment open space reserves throughout the Shire.

6. Continue to develop site specific reserve master plans for priority high-use public open space reserves in order to avoid ad-hoc developments and improve asset management, usage, amenity and Place Making outcomes, including integration of public art, cultural expression, environmental outcomes and historic interpretation where relevant.

7. Establish an Open Space Asset Management Plan for all classes/types of open space assets and park furniture.

8. Explore opportunities to improve Council’s open space GIS systems and capability for ongoing use as an effective management and customer service tool.

Provision

9. Consider opportunities to improve the appeal of existing public open spaces for all ages; where appropriate including installation of multi-use half-court areas, park seating, drinking taps, shade/shelter, public toilets, informal gathering


spaces, play equipment, nature play elements, exercise equipment and improve paths, trails, connections and vegetation management, particularly weed control.

10. Review all undeveloped open space sites in the Shire and assess options for possible rationalisation or alternative management in order to maximise Council’s existing maintenance resources

11. Undertake a review of existing Council controlled former landfill and gravel reserves in order to consider future roles, functions, opportunities for rehabilitation and future management.

12. Where possible, support opportunities for arts and cultural expression in existing reserves including interpretive information and relevant signage in public spaces to promote heritage connections and to support tourism initiatives.

Settlement Specific - Growth Areas

13. The focus for resource allocation in Castlemaine should concentrate on improving the amenity and appeal of existing open space sites and implementing recommendations from existing plans. Acquisition of new/additional open space should only be considered where required to address potential gaps in walkability access to a local reserve, to achieve environmental outcomes or to improve the scope and functionality of linear linkages / connections.

14. Develop a master plan to guide future use, revegetation, strategic trail linkages and management of the area known as 70Ft Hill Reserve (i.e. Diamond Hill). Explore options for transferring management responsibility to Parks Victoria for ongoing management as a conservation reserve.

15. Explore opportunities to acquire an open space site suitable for development of an informal park, play space and family recreation destination in the Diamond Gully / McKenzie Hill area.

16. Establish a district level play space in central Harcourt and upgrade facilities in central Stanley Park to improve functionality and appeal.

17. Support the development of a regional mountain bike park on Crown Land adjoining the western side of the Mount Alexander Regional Park, including establishment of a connecting trail to/from Harcourt to the proposed Trail Head facility.

18. Ensure the proposed Structure Plan for Harcourt considers opportunities to incorporate public open space along Barkers Creek to support conservation and recreational needs, including a network of walking and cycling paths, tracks and trails.

19. Additional open space is not considered required, rather resource allocation should concentrate on improving pathways and connections to surrounding open space reserves, including Bill Woodfull Reserve and Beehive Reserve.

Settlement Specific - Established Areas

At a strategic level, future directions for open space in other established and low growth settlements will focus on maintaining and improving what we already have.

The Strategy presents priorities for implementation by Council in short, medium, long term and ongoing categories. The timing of implementation will be subject to Council’s budget capacity, external funding and/or other partnership opportunities as appropriate.

The development of the Strategy includes detailed assessments of open space in growth and established townships which will support implementation.


Financial and Resource Implications 5.

The Open Space Reserve balance is expected to be $655, 000 by the end of 2015/2016 financial year. The Strategy outlines that Council is eligible to access the reserve to make improvements to public open space in the developable areas.

Some of these improvements to the area could consist of improved connections and footpaths, lighting, signage, amenities and playgrounds.

The Strategy provides draft Open Space Policy guidelines that outline a schedule of rates for subdivision contributions.

Type or Location of Subdivision Amount of Contribution for Public Open Space

Residential

Land Contribution

5% of the net developable area as unencumbered land.

Cash Contribution

5% of the site value of net developable area.

Combination: Cash and Land

Can be negotiated up to 5% of net developable area.

Industrial 2% of the net developable area in cash or land contribution. Land provided must be unencumbered.

Commercial 2% of the net developable area in cash or land contribution. Land provided must be unencumbered.

Consultation 6.

Following the 15 March 2016 Councillor Briefing, the draft Strategy was on public exhibition for two weeks to allow the community an opportunity to provide their feedback. Council received one item of feedback, via email from a resident:

“The public land along Forest Creek as public open space and not developed. I imagine this area is in a flood zone anyway, so public park zoning would be appropriate. Please provide one long parkland beside the creek”.

The Department of Sport and Recreation Victoria were also sent a copy of the draft Strategy as they have been a member of the Strategy’s Project Control Group. The feedback received was:

“It is pleasing to see that the draft strategy provides information which I am sure will be of use for Council’s land use and recreation planners, including:


• A greater understanding of the volume, quality and distribution of public land across the municipality;

• Clarifying Council's focus to concentrate on improving the quality of targeted parcels of public land as opposed to substantially increasing the overall stock of open space;

• The drafting of Open Space Policy & Guidelines that could enhance the Shire's Planning Scheme and MSS, and Guiding Principles to support Council's ongoing role in planning management and investment of open space; and

• A suite of recommendations to improve Council's capacity to manage and develop open spaces, coupled with place based recommendations”.

The Director of Sustainable Development (chair of the Strategy Project Control Group) and SED Advisory reviewed the overall feedback and concluded that it does not impact the draft Strategy and is being presented to Council as previously for adoption.

Conclusion 7.

The aim of the Public Open Space Strategy is to guide the planning, future provision, development and preservation of open space across the Shire for the next 15 years.

The Strategy identifies a vision for open space planning, provision and management and articulates guiding principles.

The draft Public Open Space Strategy will enable Council to identify strategic management processes through policy, planning management, provision, growth and established areas for implementation over short, medium and long term timeframes.

RECOMMENDATION

That Council adopt the draft Public Open Space Strategy.


9.2. BETTER COMMUNITY FACILITIES (BET)

NO REPORTS


9.3. A THRIVING LOCAL ECONOMY (ECO)

ECO 28 PLANNING PERMIT APPLICATION 258/2015 – 8 LOT SUBDIVISION AT CA5 AND 5A SECTION 4A, PARISH OF CASTLEMAINE, 59 MOSCRIPT STREET, CAMPBELLS CREEK AND CA114, CA114A AND CA115 SECTION 4A, PARISH OF CASTLEMAINE, 4 AJAX LANE, CAMPBELLS CREEK (PA258/2015)

Responsible Director: Director Sustainable Development Responsible Officer: Manager Development Services Original Document: DOC/16/17462

Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 258/2016 for an 8 lot subdivision at 59 Moscript Street and 4 Ajax Lane, Campbells Creek. The application has been referred to Council for a decision as there are six outstanding objections.

Refer to:

Attachment ECO 28A: Context and site aerial Attachment ECO 28B: Final plans submitted with application

Background 2.

The application was lodged on 25 September 2015 and proposes an 8 lot subdivision.

The subdivision proposes seven lots ranging in size from 620 to 1,455 square metres and a residual lot of 10,992 square metres.

Access to the proposed lots would be via the existing road network off Moscript Street and no new roads are proposed to be constructed. Lot 1 will have an individual vehicle access point while Lot 2 to 8 will be accessed via a proposed 6.5 metre wide common property.

The subject site is located on the north eastern side of Moscript Street and abuts Ajax Lane and Chapmans Lane to the west and east respectively. The subject site is comprised of CA5 and CA5A Parish of Castlemaine known as 59 Moscript Street and CA114, 114A, CA115, Section 4A, Parish of Castlemaine known as 4 Ajax Lane, Campbells Creek. The lots identified as 59 Moscript Street are accessed from Moscript Street while lots of 4 Ajax Lane have lot frontages to Ajax Lane and Chapmans Lane which are unsealed. Ajax Lane to the north west of the site is currently an unmade road reserve.

The irregular shaped site measures a total of 18,818 square metres. The existing dwelling on Lot 1 will be retained while the existing carport will be removed or modified to fully contain it within Lot 1. The existing outbuildings will be removed.

The subject site is zoned Township and is affected by the Bushfire Management Overlay.


State Planning Policy Framework (SPPF)


Clause 11.02-1 Supply of urban land

The objective of this clause is to ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.

Clause 11.10-3 Planning for growth

The objective of this clause is to focus growth and development to maximise the strengths of existing settlements.

Clause 11.05 Regional Development

The objective of this clause is to promote the sustainable growth and development of regional Victoria through a network of settlements identified in the Regional Victoria Settlement Framework plan.

Clause 13.05 Bushfire

The objective of this Clause is to assist to strengthen community resilience to bushfire.

Clause 15.01-1 Urban design

The objective of this clause is to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

Clause 15.01-2 Urban design principles

The objective of this clause is to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

Clause 15.01-3 Neighbourhood and subdivision design

The objective of this clause is to ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable diverse and sustainable neighbourhoods.

Clause 15.02-1 Energy and resource efficiency

The objective of this clause is to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

Clause 16.01-1 Integrated housing

The objective of this clause is to promote a housing market that meets community needs.

Clause 16.01-4 Housing diversity

The objective of this clause is to provide for a range of housing types to meet increasingly diverse needs.

Clause 16.01-5 – Housing affordability


The objective of this clause is to deliver more affordable housing closer to jobs, transport and services.

Clause 19.03-2 Water supply, sewerage and drainage

The objective of this clause is to plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment.

Local Planning Policy Framework (LPPF)

Clause 21.02-1 Municipal Vision

The vision for Mount Alexander Shire, as expressed in the Mount Alexander Shire Council Plan 2013-2017 is to be a “thriving community working together to create a sustainable and vibrant future”. Through the plan, Council has expressed four goals for the Shire which includes a vibrant healthy community, better community facilities, a thriving local economy and building sustainable communities.

Clause 21.02-2 Planning Vision

The land use planning and development vision for the Shire is:

The Mount Alexander Shire’s townships and rural environs engender an identifiable character which reflects the areas unique heritage, its beautiful landscapes and the quality of life.

The Shire Council will seek to manage and sensitively develop the built and natural resources of the Shire in ways which are ecologically sustainable so as to secure an improved economic future, enhance the lifestyle quality of the community and maintain the unique heritage character.

Clause 21.02-3 Township role and identity

Campbells Creek is classified as a local community centre. Campbells Creek is a satellite of Castlemaine due to its location. Its identity derived from tree-lined entrances along the Midland Highway and development patterns that reflect gold mining activities

Clause 21.03-1 Urban Growth

This clause states that managing future urban growth is a key strategic issue in the Shire. Consideration must be given to infrastructure capacities, protection of landscape and environmental features and maintaining the urban form and character of settlements.

The Shire has prepared a growth management model to accommodate potential growth called “Cluster Connect and Consolidation”. The model seeks to encourage balanced development across the Shire building on the Shire’s existing settlement pattern with a regional urban focus on Castlemaine.

The objective of this clause is to establish a settlement pattern that is generally consistent with the ‘Cluster Connect and Consolidation’ urban growth model and to ensure that low density residential development is appropriately located and serviced.

Clause 21.03-2 Urban consolidation


The objective of this clause is to encourage the consolidation of the Shire’s existing urban areas. Strategies to achieve this include:

• Ensure that residential development provides opportunities for a range of lot sizes, dwelling sizes and types;

• Encourage increased residential densities within 20 minutes walking distance from town centres or close to retail, health and community facilities; and

• Maintain township boundaries for settlements and townships.

Clause 21.07-1 Urban Environment

The objective of this clause is to protect the identity and existing urban character of the Shire’s townships.

Clause 21.07-2 Sustainable Environments

The objective of this clause is to reduce energy use and greenhouse gas emissions and to reduce water use and improve water quality in new urban development.

Clause 21.08-1 Housing location and diversity

The objective of this clause is to provide housing that will accommodate the needs of residents at various stages in their lives.

Clause 21.08-2 Affordable Housing

The objective of this clause is to ensure that all people, including low-income earners, can afford to live in the Shire.

Clause 21.05-5 Bushfire

The objective of this clause is to establish a sound planning framework to respond to bushfire risk and to minimise the risk of bushfire to life and property.

Zoning

Clause 32.05-4 Township zone

Under this clause, a planning permit is required to subdivide land.

Overlays

Clause 44.06 Bushfire Management Overlay

A permit is required to subdivide land under this overlay, and a Bushfire Management Statement has been submitted as per the requirements of this Clause.

Particular provisions

Clause 52.01 Public Open Space Contribution and Subdivision

A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under section 18 of the Subdivision Act 1988.

Clause 52.47 Bushfire Protection: Planning Requirements


The purpose of this Clause is:

• To implement the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) , including the Municipal Strategic Statement and local planning policies;

• To ensure that development is only permitted if the risk to life, property and community infrastructure can be reduced to an acceptable level; and

• To specify requirements for buildings, works and subdivision on land to which the Bushfire Management Overlay applies.

Clause 56 Residential Subdivision

The purpose of this clause is:

To ensure residential subdivision design appropriately provides for policy implementation, liveable and sustainable communities, residential lot design, urban landscapes, access and mobility management, integrated water management, site management and utilities.

Clause 65 Decision Guidelines

Because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause

Issues 4.

Strategic justification

The land is in the Township Zone and in principle is apt for an intensification of residential development. The proposal meets the overarching objectives of housing policies within the SPPF and LPPF as it would provide for urban consolidation in an area which has good access to local services and facilities. State policy objectives include encouraging development that improves housing choice and accommodates future housing needs. In terms of strategic location, the subject site is appropriately located for infill residential development given the size of the land, its zoning, proximity to public transport, public open spaces and community infrastructure.

Neighbourhood character

The surrounding allotment pattern provides for a range of lot sizes. The existing lots in the area range from 500 square metres to over 1000 square metres. The proposed lot sizes are considered appropriate in the context of the neighbourhood as the lot sizes are similar to existing lots in the area.

The proposed lot sizes, configuration and orientation of the subdivision are considered to be in keeping with the existing character.

Waste Collection

Council’s Infrastructure Department has advised the number of waste collection bins (16 fortnightly) that would congregate at the street frontage would give rise to an unacceptable outcome, and have recommended a private bin collection managed through a Section 173 Agreement.

This is considered onerous and that while tight, there would be sufficient area for garbage collection.


Clause 56 Assessment

All standards and objectives of Clause 56 are satisfactorily met. The proposed lots provide areas and dimensions that enable appropriate siting of future development, solar access, vehicle access and parking, water management, easements and retention of significant vegetation where appropriate.

The carport on Lot 1 is not contained within the lot boundary. The carport will be required to be modified or removed prior to issue of statement of compliance. The shed on proposed Lot 3 will be required to be removed prior to issue of statement of compliance.

Vehicle Access

Given the entrance to the subject site is on a bend, it is recommended that one crossover be permitted. Lot 1 is therefore required to be accessed via the proposed common property.

Public open space contribution

Clause 52.01 of the Mount Alexander Planning Scheme states that a person who proposes to subdivide land must make a land or monetary contribution to Council for public open space, of up to 5% of the land, in accordance with section 18 of the Subdivision Act 1988.

As a result of subdivisions there is an increase in the need and demand for public open space in the Shire. A 5% public open space contribution will be charged for the proposed subdivision if a permit is to issue.

Bushfire Assessment

The application has been assessed against the current Bushfire Management Overlay provisions. An application to subdivide land must meet all the approved measures under Clause 52.47-2.4. The CFA consents to the proposal subject to standard CFA conditions. The conditions are proposed to form part of the recommended permit.

Outstanding objections

There are six outstanding objections, as follows.

Increase in residential density will impact on quality of life

There is no provision in the planning scheme which stipulates minimum or maximum densities in a residential area.

There will be change with any intensification of the land, however this change is acceptable given the zoning of the subject land and neighbouring land.

Future development on proposed lots will adversely affect the amenity of the area.

Residential development of this land will not adversely affect the amenity of this residential area.

Application lacks detail of future development

This is not required as part of this application as the proposal is for the subdivision of land.

Will Lot 8 be further subdivided into 18 lots?


Council is not in a position to predict whether Lot 8 will be further subdivided. If the owner of Lot 8 decides to subdivide the lot in the future, a planning permit will be required and Council will consider all relevant matters under subdivision.

Is the developer proposing to sell or develop the lots?

The planning application is for the subdivision of land only. The decision to sell or develop the lots prior to selling is made by the property owner. This information is not required as part of this application.

What environmental impacts will the proposal minimise?

The proposal will minimise and control stormwater run-off, flooding, erosion and sediment, litter, concrete and other construction wastes.

Overload on existing infrastructure

The applicant will be required to enter into agreements with service providers and will be directed to improve services should any service authority deem that it is necessary.

Bushfire risk

The impact of the proposed subdivision in relation to the Bushfire Management Overlay has been considered during the referral process to the Country Fire Authority (CFA) who had no objection to the proposal. The risk associated with the proposed subdivision will be managed through the inclusion of permit conditions specified by CFA.

Flooding/drainage concerns in Moscript Street

There are current drainage issues in Moscript Street and the drainage system needs to be upgraded. The proposed subdivision will have a direct impact on the Moscript Street drainage system. It is therefore considered reasonable to request the developer to upgrade part of the existing drainage assets in Moscript Street. The applicant will be required to upgrade the culvert pipe located across Moscript Street at the property frontage of 53 Moscript Street. The drainage system between the subject property and 53 Moscript Street will also be required to be upgraded.

An onsite detention system is required as a condition of permit which will be designed for the entire site to capture and retain development flows and discharge water at predevelopment levels. It is considered that there will be no excess flows entering the drainage system as a result of the proposed subdivision.

Detailed drainage plans are required to be submitted to Council’s Infrastructure Unit prior to the commencement of construction. These plans will take into account drainage from the site and if necessary surrounding properties such that stormwater is directed to a legal point of discharge compliant with Council’s specification.

Council schedules work to upgrade Moscript drainage system

The applicant will be required to upgrade part of the drainage system in Moscript Street.

Increase in traffic and Moscript Street should be widened and upgraded to accommodate additional traffic


Council’s Infrastructure Unit advises each lot will create approximately 10 vehicle movements per day and that the surrounding road network can accommodate the additional traffic generated by this subdivision.

Access should be from Ajax and Chapmans Lane

The main access to the subdivision is proposed off Moscript Street and is considered acceptable. No secondary access is proposed via Ajax Lane and Chapmans Lane hence the roads will not be required to be sealed.

The subdivision will impact on the ‘rural-feel’ of the area.

The proposed is considered appropriate given the zoning of the land.

Loss of views

There is no right to a view in the planning scheme. Further, urban growth that changes the view can be expected in a township zone.

Advertising notice is too small and not visible

The standard advertising notice sign is A3 in size.

Dust and noise generated from the proposed common property

The proposed common property will be required to be sealed as a condition of permit and any noise generated from its use will be considered residential in nature given the zoning of the land.

Erect colorbond fence between the shared property boundary of 57 Moscript Street and the proposed common property.

Boundary fences are a civil matter.

Amenity issues such as increase in noise and traffic during construction period

Permit conditions to minimise the impact on the amenity during construction period will be applied.

Property devaluation

Specific matters raised can be considered, however property values is not a valid ground of objection.

Proposal will set a precedent

Concern was raised that if the subdivision is approved it would set precedence for the development of other vacant land in the surrounding area. Planning permits do not set a precedent. Each application is considered on its merits and Council is considering the application before it.

Land within the township zone could be expected to be further subdivided. It has been zoned for residential purposes.

Referrals

External Referrals

• Downer Utilities Australia Pty Ltd No objection subject to conditions

• Coliban Region Water Corporation


No objection subject to conditions

• Powercor No objection subject to conditions

• North Central Catchment Authority No objection to proposal, apply permit foot notes

• Country Fire Authority No objection subject to conditions

• Goulburn Murray Water No objection subject to conditions

Internal Referrals

• Infrastructure Unit No objections subject to conditions


Cost of potential appeal to the Victorian Civil and Administrative Tribunal.

Consultation 6.

Advertising

Notice of the application was given in accordance with Section 52 (1) (a) and 52 (1) (d) of the Planning and Environment Act 1987 to owners and occupiers of the land and an A3 sign was also placed on site fronting Moscript Street. Six objections were received following the notice period.

Applicant – objector correspondence

No applicant-objector meeting was undertaken as it was not considered that an outcome which satisfied both applicant and objectors could be reached.

Conclusion 7.

Council has received an application for subdivision of land into eight lots at 59 Moscript Street and 4 Ajax Lane, Campbells Creek. The site is located within the Township Zone and is not covered by any overlays. Six objections were received.

The site is appropriately located for infill residential development given the size of the land, its zoning, proximity to public transport, public open spaces and community infrastructure.

The surrounding allotment pattern provides for a range of lot sizes and the proposed subdivision responds well to the characteristics of the neighbourhood.

It is recommended that Council issue a Notice of Decision to Grant a Permit subject to typical conditions that require the future lots to be serviced.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit for an 8 lot subdivision on CA5 and CA5A, Section 4A, Parish of Castlemaine, 59 Moscript Street, Campbells Creek and CA114,CA114A and CA115, Section 4A, Parish of Castlemaine, 4 Ajax Lane, Campbells Creek, subject to the following conditions:

1 SUBDIVISION LAYOUT PLAN


1.1 The subdivision, as shown on the endorsed plan(s), must not be altered without the prior written consent of the Responsible Authority.

2 FORMAL PLAN OF SUBDIVISION 2.1 The formal plan of subdivision lodged for certification must be in

accordance with the approved plan and must not be modified except to comply with statutory requirements or with the further written consent of the Responsible Authority.

3 TELECOMMUNICATIONS The owner of the land must enter into an agreement with:

3.1 A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

3.2 A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

3.3 A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

3.4 A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

4 POWERCOR 4.1 The plan of subdivision submitted for certification under the Subdivision Act

1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

4.2 The applicant shall:-

• Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.

• Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System.


• The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

• Any buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

• Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

5 COLIBAN REGION WATER CORPORATION 5.1 The owner is required to provide reticulated water and sewerage services to

each of the lots within the subdivision, and comply with any requirements arising from any effect of the proposed development on Coliban Water assets. Services are to be provided in accordance with our specifications.

5.2 All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

6 DOWNER UTILITIES AUSTRALIA PTY LTD 6.1 The plan of subdivision submitted for certification must be referred to

AusNet Services (Gas) in accordance with Section 8 of the Subdivision Act 1988.

7 ENGINEERING PLANS 7.1 Prior to commencement of any construction works associated with the

subdivision including building works, engineering plans must be submitted to and approved by the Responsible Authority. The engineering plans must accord with the Infrastructure Design Manual. When approved, the plans will be endorsed and form part of the permit. All works constructed or carried out must be in accordance with those endorsed plans.

The plans to include:

1) Vehicle crossing works , Common property driveway works as required by the conditions of this permit

2) Drainage and flood mitigation works as required by the conditions of this permit.

8 COMMON PROPERTY DRIVEWAY 8.1 Prior to issuing the statement of compliance for the subdivision, all works

within the common property area shown on the Engineering plans must be completed to the satisfaction of the Responsible Authority.

8.2 Common Property Driveway – Asphalt or Concrete driveway providing a turning circle area at the end within the subject land. Provision shall be made for underground drainage, kerb and channel and other service utilities.

8.3 Lot 1 to access Moscript Street through the common property driveway. Direct access to Moscript Street will not be permitted due to traffic safety reasons.

9 DRAINAGE AND FLOOD MITIGATION WORKS 9.1 The applicant shall provide a drainage system to drain all lots to the legal

point of discharge.


9.2 The whole of the subject land, including landscaped and paved areas, must be graded and drained to the legal point of discharge to prevent the discharge of water from the subject land across any road or onto any adjoining lands.

9.3 The drainage system shall include provision of an underground storm water retention system to limit flows downstream from the development to pre-development levels in accordance with the current Australian rainfall and Runoff – Flood Analysis and Design for a 10 year annual recurrence interval.

9.4 Easement drains with access pits shall be provided to all lots falling away from the road and/or to all lots which slope toward adjoining properties.

9.5 Provision of cut off drains and underground drainage to protect adjoining properties. Provision is to be made to divert major rainfall (1 in 100 year) storm events away from the building envelopes of lots within this subdivision and away from adjoining properties. As part of the drainage works provision of more drainage controls are required in all proposed lots to capture and redirect surface runoffs connecting to the subdivision drainage system preventing any overland flows entering the downstream properties.

9.6 Designation of the minor and major flow paths shall be indicated on drainage plans.

10 UPGRADING WORKS 10.1 The developer to upgrade the drainage system in Moscript Street. The

minimum works required are:

• Upgrading the high side drainage system of Moscript Street between the subject property and 53 Moscript Street; and

• Upgrading the culvert pipe located across Moscript Street at the property frontage of 53 Moscript St (Recommend using suitable size box culverts).

10.2 The legal point of discharge to the development is to the creek running at the low side of Moscript Street.

11 VEHICLE CROSSOVER WORKS 11.1 Vehicle crossover appropriate to the development and existing site

conditions are to be constructed/ upgraded to the levels/requirements of Council. Council’s minimum standards are:

• 3.5 metres wide; • Appropriately sized reinforced concrete pipes 4.8 metres long centred on

the crossover matching the capacity of the open drain. Alternatively Asphalt or concrete Vehicular bridge crossover over the council open drain;

• High endwalls and other type of safety barriers to both culvert ends to provide safe access for vehicles and pedestrians;

• In concrete or Asphalt; and • No impeding or redirection of existing surface flows as a result of these

works.

12 SEDIMENT POLLUTION CONTROL 12.1 The developer must restrict sediment discharges from any construction

sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991).


13 BUSHFIRE MANAGEMENT PLAN 13.1 The Bushfire Management Plan (Attachment 5 (Drawing Number 15005-

BMO01 Rev B) in the Bushfire Management Statement dated 31 March 2015 and prepared by Phil Neander &Associates) must be endorsed to form part of the permit and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority. When endorsed the plan must be included as an annexure to the section 173 agreement prepared to give effect to Clause 44.06-3 of the Mount Alexander Shire Planning Scheme.

14 SUBDIVISION MANDATORY CONDITION 14.1 Before the statement of compliance is issued under the Subdivision Act 1988

the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987. The agreement must:

• State that it has been prepared for the purpose of an exemption from a planning permit under Clause 44.06-1 of the Mt Alexander Planning Scheme.

• Incorporate the plan prepared in accordance with Clause 52.47-2.4 of this planning scheme and approved under this permit.

• State that if a dwelling is constructed on the land without a planning permit that the bushfire mitigation measures set out in the plan incorporated into the agreement must be implemented and maintained to the satisfaction of the responsible authority on a continuing basis. The land owner must pay the reasonable costs of the preparation, execution and registration of the Section 173 Agreement.

15 STATEMENT OF COMPLIANCE 15.1 Council is to be paid a fee of 0.75% of the total construction costs for these

works for the approval of said plans plus 2.5% for supervision of construction. Said fees to be paid prior to commencement of any road/ drainage works

15.2 All existing and proposed easements and sites for existing and required utility services and drainage must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

15.3 Prior to issue of a statement of compliance for the subdivision, the road, drainage, flood mitigation works and vehicle crossovers must be installed to the satisfaction of Council in accordance with the approved Engineering plans.

16 CONSENT FOR CONSTRUCTIONS 16.1 Prior to the commencement of any works on the road reserve the

owner/applicant must submit a Minor Works in a Road Reserve application and be issued a permit to occupy the road for works.

16.2 All existing road reservation assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance.

17 PUBLIC OPEN SPACE CONTRIBUTION 17.1 Prior to the issue of the Statement of Compliance, a monetary contribution of

an amount equal to 5% of the current value of all the land within the subdivision shall be paid to the Responsible Authority. If the land is


subdivided in stages, the contribution may be paid proportionally to the area of the lots being created.

18 VALUATION EXPENSES 18.1 The applicant or owner must pay on demand to Council, the Council’s

reasonable costs and expenses to provide valuation for payment in lieu of open space.

19 GOULBURN MURRAY WATER 19.1 Prior to the certification of the plan of subdivision a soil report must be

prepared and submitted to the Responsible Authority which includes data on a reasonable number of test bores on the site. Any fill and the nature of that fill shall be detailed in the report.

19.2 Each lot must be provided with connection to the reticulated sewerage system in accordance with the requirements of the relevant urban water authority.

19.3 All works within the subdivision must be done in accordance with EPA Publication 960 “Doing It Right on Subdivisions, Temporary Environmental Protection Measures for Subdivision Construction Sites”, September 2004.

19.4 All stormwater discharged from the site must meet best management practice urban run-off objectives. All infrastructure and works to manage stormwater must be in accordance with the requirements of the Responsible Authority.

20 FIRE HYDRANTS 20.1 Prior to issue of statement of compliance fire hydrants should be provided:

• A maximum distance of 120 metres from the rear of the each lot. • No more than 200 metres apart.

Hydrants and fire plugs must be compatible with the relevant fire service equipment. Where the provision of fire hydrants and fire plugs does not comply with the requirements, of standard C29, fire hydrants must be provided to the satisfaction of the Country Fire authority.

21 PRIOR TO ISSUE OF STATEMENT OF COMPLIANCE THE EXISTING CARPORT ON PROPOSED LOT 1 MUST EITHER BE MODIFIED TO FIT WITHIN THE LOT BOUNDARIES OF LOT 1 OR REMOVED.

22 PRIOR TO ISSUE OF STATEMENT OF COMPLIANCE THE EXISTING SHED ON PROPOSED LOT 3 MUST BE REMOVED.

23 CONSTRUCTION PHASE 23.1 During the construction phase of works associated with the subdivision, the

following conditions must be met: 1) Only clean rainwater shall be discharged to the stormwater drainage

system; 2) Stormwater drainage system protection measures shall be installed as

required to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises, enters the stormwater drainage system;

3) Vehicle borne materials shall not accumulate on the roads abutting the site;


4) All machinery and equipment must be cleaned (if required) on site and not on adjacent roads;

5) All litter (including items such as cement bags, food packaging and plastic stripping) must be disposed of responsibly;

6) All site operations shall comply with the Environment Protection (Residential Noise) Regulations 2008.

24 EXPIRY OF PERMIT 24.1 The plan of subdivision must be certified within two (2) years of the date of

issue of this Permit unless the Responsible Authority grants an extension of the Permit upon application in writing by the permit holder within six (6) months of the prescribed expiry date. Once the plan of subdivision is certified, the Permit will expire five years from the date of certification of the plan of subdivision. Note: The starting of a subdivision is regarded by Section 68(3A) of the Planning and Environment Act 1987 as the certification of a plan under Section 6 of the Subdivision Act 1988. Completion is regarded as registration of the subdivision.

PERMIT NOTES

North Central Catchment Management Authority

Flood levels for the 1 % AEP (100 year ARI) flood event have been determined for this area under provisions of the Water Act 1989. The determined 1 % AEP flood level for the location described above is 278.7 metres AHD, which was obtained from Castlemaine, Campbells Creek and Chewton Flood Management Plan 2013.

Advice to Applicant / Council

North Central CMA advises that in the event of a 1% AEP flood event it is possible that the property may be subject to inundation. However it is recommended that a licensed surveyor be engaged to determine the exact effect of the applicable flood level on the property.


ECO 29 PLANNING PERMIT APPLICATION PA299/2015- USE AND DEVELOPMENT OF A DWELLING AT CROWN ALLOTMENT 11B SECTION A1 PARISH OF CASTLEMAINE, 72 SPECIMEN GULLY ROAD, BARKERS CREEK


Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 299/2015 for use and development of a dwelling at Crown Allotment 11B Section A1 Parish of Castlemaine, 72 Specimen Gully Road, Barkers Creek. The application has been referred to Council for a decision as it is proposed to construct a dwelling on a site within the Farming Zone.

Following advertising of the application, one submission has been received, raising concerns regarding how access would be provided and maintained.

Refer to:


Background 2.

This application was lodged on 5 December 2015 and seeks approval for use and development of a dwelling in the Farming Zone.

The subject site is located approximately 4 kilometres to the north-east of Castlemaine on the northern side of an unnamed, un-made Council road reserve which connects to Blakely Road.

The site is an irregularly shaped parcel with a total area of approximately 2.87 hectares or 28,745 square metres. The site is currently vacant of any buildings, with a small empty dam and some cleared areas on the site which is otherwise covered in remnant native vegetation.

The subject site is located within the Farming Zone and is covered by the Bushfire Management Overlay. Surrounding land comprises mostly forested areas with some clearings, and a there is a proliferation of dwellings scattered along both Blakely Road and Specimen Gully Road.

The proposed dwelling would be single storey and located within a 15 metre wide and 15 metre long building envelope, which is setback 30 metres from the southern property boundary and just over 30 metres from the western property boundary and frontage with the unnamed Council road reserve which connects to Blakeley Road.

The proposed dwelling would be constructed with weatherboard wall cladding and Colourbond sheet metal roof cladding, with no colours specified in the plans. The dwelling includes two bedrooms, an open-plan living/kitchen/dining area, a bathroom, deck area, entry hall, and verandah.


A new septic system is proposed to be located within a disused dam on the site, and vehicle access to the site is proposed to be provided by upgrading a driveway access via the unnamed road reserve to Blakely Road.



Clause 11.05-3 Rural productivity

The policy objective for rural productivity is to manage land use change and development in rural areas to promote agriculture and rural production. It includes strategies to prevent inappropriately dispersed urban activities in rural areas and limit new housing in rural areas including directing housing growth into existing settlements.

Clause 12.04-2 Landscapes

Planning should assist in the protection of landscapes and significant open spaces that contribute to character, identity and sustainable environments.

Clause 13.05 Bushfire

The main objective of this clause is to strengthen community resilience to bushfire. Strategies aim to prioritise human life over other policy considerations and only permit development where risk from bushfire can be reduced to an acceptable level.

Clause 14.01-1 Protection of Agricultural Land

This clause aims to protect productive farmland which is of significance in the local or regional context and also protect unplanned loss of agricultural land due to permanent changes in land use.

Clause 14.02-1 Catchment Planning and Management

The objective of this clause is to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 14.02 -2 Water Quality

The objective of this clause is to protect water quality.

Clause 16.02-1 Rural Residential Development

Planning should manage development in rural areas to protect agriculture and avoid inappropriate rural residential development.


Clause 21.02 Vision and framework plan

This clause contains some of the guiding policy linking the municipal vision, derived from Mount Alexander Shire Council Plan, to the land use and development planning vision for the Shire. This policy identifies the unique and identifiable character of the Shire’s townships and rural environs and the need to manage and sensitively develop the built and natural resources of the Shire in


ways which are ecologically sustainable and secure an improved economic future, enhances lifestyle quality and maintains heritage character.

Strategies include ensuring development is compatible with the Shire’s cultural heritage and landscapes and also supporting the productive agricultural use of rural land.

Clause 21.03-3 Rural Living

This clause identifies rural living as a key element of the Shire’s attraction for many new residents. Within the Shire, the only areas specifically designated for rural living are around Castlemaine. These areas are to the north of Castlemaine (Barkers Creek area), to the west of Castlemaine (towards Muckleford) and to the south of Castlemaine (Ross Drive area). In areas in close proximity to services and settlements and in locations which do not compromise existing land uses and values and future needs of the community.

The prevalence of small lots throughout many areas of the municipality makes a substantial contribution to potential supply of rural living land and poses a significant land management issues and infrastructure provision costs, including road maintenance, waste management and community services.

Strategies to implement this policy include to encourage rural living within existing Rural Living Zone and discouraging rural living development outside of areas zoned Rural Living Zone.

Clause 21.04-3 Rural and landscape character

This policy recognises the importance and appeal to both residents and visitors of the rural appearance and character of the Shire. When deciding on an application for development of land in rural zones, Council should consider, where appropriate, issues such as the effect on views and the natural landscape, setbacks of nearby development and consideration of topographical features in the siting of the development.

Clause 21.05-5 Bushfire

This clause recognises the significant risk of bushfire to much of the Shire’s urban and rural areas. A number of objectives and strategies are outlined to assist the community to respond to and minimise risk of bushfire to life and property.

Clause 21.06-1 Protection of agricultural land

Policy within this clause recognises the prominent role that agriculture plays in the Shire. Objectives aim to protect land and water resources relied upon by agriculture and to reduce the number of small lots in rural areas.

Clause 21.06-3 Water

This clause aims to protect and improve water quality and quantity in the Shire. Policy recognises the poor condition of water catchments, including open potable water catchment areas, which cover much of the Shire and outline strategies to address identified issues.

Clause 21.07-2 Sustainable environments

This clause recognises the higher community expectations that urban development will incorporate sustainable principles and that planning can influence these outcomes by ensuring development is environmentally and site responsive and encourages opportunities to incorporate sustainability measures. This policy also


outlines how the type, location and form of housing has a major influence on sustainability outcomes in terms of energy use and other resources and that consolidation of development into existing urban areas is usually the most sustainable form of development.

Clause 21.11 Infrastructure

This clause gives an overview of the Shire’s significant infrastructure assets and also issues arising due to lack of infrastructure in some areas. Key issues include managing wastewater options in unsewered townships and preventing unplanned residential development in rural area which can increase costs of infrastructure maintenance and provision.

Clause 22.04 Use and development of land in the Farming Zone and Rural Living Zone

The policy basis for this clause builds on other Municipal Strategic Statement objectives of:

• Clause 21.03 to provide for rural living development in identified areas and to ensure that rural living development is economically sustainable.

• Clause 21.06 to protect the land resources relied upon by agriculture.

Objectives include that use and development of land for a dwelling is required to support the rural use of land, ensure dwellings do not adversely impact on agricultural activities on adjacent site and that a proposed dwelling will not result in the loss or fragmentation of productive agricultural land.

Zoning

Clause 35.07 Farming Zone

As the land is less than 40ha, the use of land for a ‘dwelling’ is a Section 2 Use for which a permit is required under Clause 35.07-1 of the Farming Zone.

Building and works associated with a Section 2 Use also require a permit under Clause 35.07-4 of the Farming Zone.

Overlays

Clause 44.06 Bushfire Management Overlay (BMO)

A permit is required under the BMO to construct a building or construct or carry out works associated with Accommodation. Under the planning scheme, the definition of Dwelling is included in the broader land use term of Accommodation.

Issues 4.

Farming Zone

The State Planning Policy Framework and Local Planning Policy Framework place a strong emphasis on protecting agricultural land zoned Farming for on-going agricultural use, and avoiding dwellings adversely affecting this preferred outcome.

There is a clear direction throughout state and local policies, particularly Clauses 11.05-3, 16.02-1, 21.03-3, 21.06-2 and 22.04, to focus rural living into areas zoned for that purpose, to discourage development of isolated small lots throughout the Shire and to discourage the use of existing old Crown allotments in the Farming Zone for rural living purposes.


Within the Shire, the only areas specifically designated for rural living are around Castlemaine.

The use of a dwelling in the Farming Zone on a lot less than 40 hectares in area is a discretionary use. Clause 22.04 provides clear policy for assessment of dwellings on lots less than 40 hectares, and seeks to retain land for farming purposes above any other land use. Specifically the policy states:

It is policy to:

• Discourage new dwellings on existing small lots in the Farming Zone, particularly where (and in addition to all other considerations):

• The lot was created prior to the introduction of planning controls; • The development will inhibit the operation of existing farming operations; • The lot is located in an area of ‘moderate’ agricultural quality as identified

in Clause 21.06; and • The lot is located in a ‘groundwater management area’ or an ‘irrigation

area’ identified in Clause 21.06.

While the lot was likely created prior to the introduction of planning controls, the proposed use and development of a dwelling on the site would not inhibit the rights of existing farmers to continue their operations, the site is not located in an area of ‘moderate’ agricultural quality as identified in Clause 21.06, and the site is not located in a ‘groundwater management area’ or an ‘irrigation area’ identified in Clause 21.06.

The site is not used for farming and is not likely to ever be used for farming as it is entirely covered in remnant native vegetation which requires planning permission to remove. Further, the use and development of this site for a dwelling would be a discrete use and being surrounded by vegetation, would not impact on surrounding uses.

Surrounding properties are mostly either already developed or Crown land reserves. It is unlikely that a single dwelling with the large setbacks proposed would create a conflict between any uses in this area, nor would it lead to a proliferation of similar development.

The proposal may also support the retention of population to support the small rural community of the area, and may provide opportunities for the greater land management practices in conjunction with the residential use of the site, such as pest and weed management and control on the land.

The subject land is identified as being of low agricultural quality in the 2014 Mount Alexander Shire Council Rural Land Study, which is further confirmed by the land capability assessment and simple observations of the site and surrounding area. Furthermore, the site is covered in remnant native vegetation which would create very expensive vegetation offset requirements if the land was to be widely cleared for agriculture. It is unlikely that a proposal could be submitted that could fully accord with the purpose and decision guidelines of the zone and all relevant policy.

Bushfire Management Overlay (BMO)

Pursuant to Clause 44.06-1 a planning permit is required to construct a dwelling within the Bushfire Management Overlay, and such proposals must be assessed against the requirements of Clause 52.47-2. The proposed development has been assessed as follows:


• The building has been sited towards the public road access while still complying with all applicable setback requirements.

• The upgraded access which will be required by proposed permit conditions ensures quick and easy access can be provided for emergency vehicles.

• The roof design avoids creating any unnecessary accumulation and entry points for embers with a simple pitched roof layout.

• All necessary defendable space can be provided within the property. A BAL rating of 29 is proposed with 21 metres of defendable space around the proposed dwelling.

• A static water supply of 10,000 litres with appropriate fire authority fittings will be required by permit conditions as part of an endorsed Bushfire Management Plan, and there is ample space available for the placement of such water tanks while still providing easy access for fire authority vehicles.

The development is considered to satisfy the requirements of the Bushfire Management Overlay and Clause 52.47 –Planning for Bushfire, subject to appropriate planning permit conditions.

The application has been referred to the CFA and it has no objection subject to appropriate permit conditions.

Vegetation Removal

Under Clause 52.48 Bushfire Exemptions, the defendable space required for a dwelling is exempt from the offset requirements of Clause 52.17 Native Vegetation for the removal of native vegetation. This exemption however does not include any other clearing such as:

• The creation of driveways outside of the defendable space area. • Any clearing of vegetation associated with providing trenching for effluent

fields outside the defendable space area. • Any other clearing that may be desired outside of the defendable

It is proposed to construct the dwelling within an existing clearing, to locate the effluent fields within a disused dam, and to provide access via the unnamed road reserve which has an existing rough dirt track. As such, no specific remnant native tree removal has been proposed.

However, proposed permit conditions require the provision of upgraded access, including suitable clearances from encroachments (such as trees) and widening of the access way. Permit conditions will require amended plans showing the full length, location, and dimensions of the driveway, and proximity to any trees or significant vegetation.

A note will be placed on the permit, and in the permit conditions, highlighting that if any remnant native vegetation is required to be removed as a result of the preparation of these more detailed plans, separate planning permission may be required, which could be sought in the form of either a new planning permit application or a planning permit amendment.

Outstanding objections to the application

Following advertisement of the application in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987, one submission was received.


The submission is from a neighbouring landowner and is as follows:

• ‘Who will be responsible for the construction and maintenance of the access road to the property?’

Officer response

The access to the property would be a private driveway through the unnamed Council road reserve, and the landowner would be entirely responsible for the suitable construction and maintenance of this access.

Both Council’s engineers and the CFA have provided detailed permit conditions which will ensure that the access is constructed to a good all-weather standard which allows for emergency vehicles to access the site.



Consultation 6.

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land and a sign was also placed on-site.

One submission was received raising concerns as to how access would be maintained.

External Referrals

• Country Fire Authority No objection subject to conditions.

Internal Referrals

• Infrastructure Unit No objection subject to conditions

• Environmental Health No objection subject to conditions

Conclusion 7.

Council has received an application for use and development of dwelling at Crown Allotment 11B Section A1 Parish of Castlemaine, 72 Specimen Gully Road, Barkers Creek. The site is located within the Farming Zone and is covered by the Bushfire Management Overlay. One objection has been received.

The purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture.

The use of a dwelling in this location would not undermine agricultural land uses in the immediate area. The subject site is entirely covered in remnant native vegetation and has no agricultural potential.

A dwelling on a lot under 40 hectares is a discretionary use, and in this instance is supported by policy that recognises not all lots are suitable for agricultural productivity.


The application has been assessed against the provisions of the planning scheme and the development of a dwelling can meet the vegetation off-set requirements and bushfire requirements.

It is recommended that this application be approved subject to conditions.

RECOMMENDATION

That Council:

Issue a Notice of Decision to Grant a Planning Permit for the Use and Development of a Dwelling on Crown Allotment 11B Section A1 Parish of Castlemaine, 72 Specimen Gully Road, Barkers Creek, subject to the following conditions:

GENERAL

1 AMENDED PLANS 1.1 The development must not be commenced until three copies of plans drawn

to scale and with written dimensions are submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. Such plans must include and show: 1) Detailed plans showing the full length, location, and dimensions of the

driveway proposed to provide access to the dwelling from Blakeleys Road, and proximity to any trees or significant vegetation. These plans must meet the requirements of all Council and CFA permit conditions including driveway width, gradient limits, and clearances from encroachments.

2) If any remnant native vegetation is required to be removed as a result of the preparation of these more detailed plans, separate planning permission may be required, which could be sought in the form of either a new planning permit application or a planning permit amendment.

3) A full schedule or annotation of the proposed materials and paint colours/finishes, which must be subtle and appropriate to the aesthetic of the rural area.

4) The location and dimensions of the proposed effluent fields/wastewater envelope for the new septic system.

5) A Bushfire Management Plan in accordance with CFA conditions, addressing all relevant requirements.

6) The defendable space areas (and associated vegetation removal exemptions) in accordance with CFA conditions.

2 NO CHANGES TO ENDORSED PLANS 2.1 The development allowed by this permit as shown on the endorsed plan(s)

and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

3 ENVIRONMENTAL HEALTH 3.1 The applicant will be required to install an all-waste on-site waste water

system. The system must be an Environment Protection Authority approved system capable of treating effluent to a 20/30 standard. Irrigation must be


via subsurface irrigation. All works and maintenance must be in accordance with the EPA’s current edition of publication 891.3 Code of Practice – Onsite wastewater management and the Australia New Zealand Standard AS/NZS 1547:2012 – On-site wastewater management.

3.2 The applicant shall be required to comply with the recommendations and strategies contained in the Land Capability Assessment prepared by James Maw of Ehpic Assessments dated September 2015.

3.3 Prior to any development the applicant shall apply for a Permit to Install a Septic Tank in accordance with Part IXB of the Environment Protection Act 1970.

4 ENGINEERING 4.1 Drainage

Prior to commencement of any construction works associated with the development, detailed access from Blakeley Road to the development site and drainage construction plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and form part of the permit. All works constructed or carried out must be in accordance with those endorsed plans. If required, minor amendments may be approved by Council to the standards stipulated in the conditions below provided a similar outcome is achieved.

4.2 The whole of the subject land, including landscaped and paved areas, must be graded and drained to the satisfaction of the council as the responsible drainage authority so as to prevent the discharge of water from the subject land across any road or footpath or onto any adjoining land.

4.3 The stormwater runoff from future buildings and paved areas must be directed to storage tanks / reuse dams and any overflow dissipated as normal unconcentrated overland flow.

4.4 Access The access to the lot is from Blakeley Road. The applicant must construct a driveway from Blakeley Road up to the property access point as per following council requirements.

• The necessary approval must be obtained for removal and pruning of any vegetation prior to commencement of any works in council road reserve.

• Engineering plans for the proposed road construction works. • Upgrade to a minimum clear width of 3.5 metre and clear of

encroachments for at least 0.5 metres on each side and 4 metres above the access driveway.

• 150 mm minimum compacted thickness of road base gravel to be provided so as to ensure that all weather access

• Provision is to be made for the turning circle – minimum inner radius of 10 metres or “T” at the location within the site for emergency service vehicles.

• Provision of culverts at the start with Blakeley Road which is to be constructed to the levels/requirements of Council and table drains.

Council’s minimum standards are: -

• Appropriately sized reinforced concrete pipes. Minimum size is 375 mm diameter.

• Low profile driveable culvert end-walls to all culvert ends


• No impeding or redirection of existing surface flows as a result of these works

This unmade licenced road reserve is currently not formed and not on the council asset register. Therefore landowners will be responsible for construction and maintenance of the road reserve and new accessway which will be considered as a private driveway.

4.5 The internal driveway access shall be constructed to appropriate engineering standards approved by council along with appropriate cut off table drains and cross culverts.

4.6 Sediment pollution Control The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991)

4.7 Erosion management All earthworks are to be designed and constructed to avoid soil erosion. All fill is to be compacted, batters are to be topsoiled and revegetated and all drainage is to be diverted around the disturbed areas/batters. Drainage from benched areas, batters and access tracks is to be diverted on non-scouring grades to stable vegetated areas. Several drainage points are to be used to avoid concentration of drainage water.

4.8 Trees in road reserve Where there are existing trees to be removed in the road reserve, Council will calculate the value of the trees using the appropriate model. Council may require the developer to pay a contribution equal to the value of the trees or undertake additional landscape works of an equivalent value adjacent to the site.

4.9 Road Assets All existing road reservation assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance

5 COUNTRY FIRE AUTHORITY (CFA) 5.1 Bushfire Management Plan

Before the development starts a Bushfire Management Plan (generally in accordance with the Bushfire Assessment Plan – Ref 1307 Version 1 contained in the Bushfire Management Statement prepared by Musgrave-Evans and Gilbert Consulting Pty Ltd) must be submitted to and endorsed by the Responsible Authority. The plan must show the following bushfire mitigation measures, unless otherwise agreed in writing by the CFA and the Responsible Authority:

1) Defendable space Show an area of defendable space for a distance of 21m around the proposed building where vegetation (and other flammable materials) will be modified and managed in accordance with the following requirements:

• Grass must be short cropped and maintained during the declared fire danger period.


• All leaves and vegetation debris must be removed at regular intervals during the declared fire danger period.

• Within 10 metres of a building, flammable objects must not be located close to the vulnerable parts of the building.

• Plants greater than 10 centimetres in height must not be placed within 3m of a window or glass feature of the building.

• Shrubs must not be located under the canopy of trees. • Individual and clumps of shrubs must not exceed 5 sq. metres in area

and must be separated by at least 5 metres. • Trees must not overhang or touch any elements of the building. • The canopy of trees must be separated by at least 5 metres. • There must be a clearance of at least 2 metres between the lowest tree

branches and ground level. 2) Construction standards

Nominate a minimum Bushfire Attack Level of BAL 29 that the building will be designed and constructed to in accordance with AS3959.

3) Water supply Show 10,000 litres of effective water supply for fire fighting purposes which meets the following requirements:

• Is stored in an above ground water tank constructed of concrete or metal.

• All fixed above-ground water pipes and fittings required for fire fighting purposes must be made of corrosive resistant metal.

The water supply must also –

• Incorporate a ball or gate valve (British Standard Pipe (BSP) 65mm) and coupling (64 mm CFA 3 thread per inch male fitting).

• The outlet/s of the water tank must be within 4m of the driveway and be unobstructed.

• Be readily identifiable from the building or appropriate identification signage to the satisfaction of CFA must be provided.

• Any pipework and fittings must be a minimum of 65 mm (excluding the CFA coupling).

4) Access Show the access for firefighting purposes which meets the following requirements:

• Curves must have a minimum inner radius of 10m. • The average grade must be no more than 1 in 7 (14.4 per cent) (8.1

degrees) with a maximum of no more than 1 in 5 (20 per cent) (11.3 degrees) for no more than 50m.

• Have a minimum trafficable width of 3.5m of all- weather construction. • Be clear of encroachments for at least 0.5m on each side and 4m above

the access way. • Dips must have no more than a 1 in 8 (12.5 per cent) (7.1 degrees) entry

and exit angle.

6 MANDATORY BUSHFIRE MANAGEMENT OVERLAY CONDITION


6.1 The bushfire mitigation measures forming part of this permit or shown on the endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the responsible authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

7 PERMIT EXPIRY 7.1 This permit will expire if one of the following circumstances applies:

• The development and associated works are not started within two years of the date of this permit;

• The development and associated works are not completed within four years of the date of this permit;

• The use is not commenced within four years of the date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

PERMIT NOTES

Vegetation Removal:

It should be noted that the plans submitted with the application do not detail the exact location and dimensions of the proposed driveway in relation to any vegetation. If any remnant native vegetation removal is necessary to provide access as a result of detailed driveway plans being provided, this may require separate planning permission as either a new planning permit application or a planning permit amendment.


ECO 30 PLANNING PERMIT APPLICATION 256/2015 - USE AND DEVELOPMENT OF A CAMPING SITE AND ROAD WORKS AT LOT 1, TP235155V, 47 COOKS LANE, TARRENGOWER (PA256/2015)


Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 256/2015 for use and development of a camping site and road works at Lot 1 TP235155V, 47 Cooks Lane, Tarrengower. The application has been referred to Council for a decision as officers are recommending refusal and there are 20 outstanding objections including a petition against the proposal with 59 signatures. A further petition with 109 signatures was presented at the Council Meeting on 10 May 2016.

Refer to


Background 2.

The application was lodged on 22 September 2015 and seeks approval for use and development of a camping site and road works.

The subject site is bounded by Bridgewater - Maldon Road to the north and Cooks Lane to the west. The site is approximately 6 kilometres north-west of Maldon Township.

The irregular shaped site is approximately 74 hectares. The subject site contains a dwelling and is currently used for raising thoroughbred horses. The site is traversed by a waterway on the southern side of the site.

The subject site is located within the Farming Zone and is covered in part by the Erosion Management Overlay (EMO), Heritage Overlay (HO362) and partly by the Significance Landscape Overlay (SLO1). The surrounding land is zoned farming and the majority of the lots in the area are used for stock grazing.

The proposal is for use and development of camping site. The camping facility will comprise of:

• 15 semi-permanent eco tents providing furnished boutique camping accommodation;

• 5 transient camping sites for tourists with their own camping equipment; • A semi –permanent camp kitchen (portable BBQ and a water tank for supply); • 23 car spaces; • Amenities block (shower and toilet facilities); and • Use of solar panels to generate electricity.

It is proposed that the camp site will be open from March to mid – November.

Vehicle access to the camping site will be from Cooks Lane. Part of Cooks Lane is unmade and would require upgrading.




Clause 10.4 Integrated decision making

Society has various needs and expectations such as land for settlement, protection of the environment, economic well-being, various social needs, proper management of resources and infrastructure. Planning aims to meet these by addressing aspects of economic, environmental and social well-being affected by land use and development.

Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations.

Clause 12.04-2 Landscapes

Planning should assist in the protection of landscapes and significant open spaces that contribute to character, identity and sustainable environments.

Clause 11.05-3 Rural Productivity

The policy objective for Rural Productivity is to manage land use change and development in rural areas to promote agriculture and rural production. It includes strategies to prevent inappropriately dispersed urban activities in rural areas and limit new housing in rural areas including directing housing growth into existing settlements.

Clause 13.03-2 Erosion and landslip

The objective of this clause is to protect areas prone to erosion, landslip or other land degradation processes.


The objective of this clause is to protect productive farmland which is of strategic significance in the local or regional context. The subdivision of productive agricultural land should not detract from the long –term productive capacity of the land.

Clause 14.02-1 Catchment Planning and Management

The objective of this clause is to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 14.02 -2 Water Quality

The objective of this clause is to protect water quality.

Clause 15.03-1 Heritage

The objective of this clause is to ensure the conservation of places of heritage significance.


Clause 17.03-1 Facilitating tourism

The objective of this clause is to encourage tourism development to maximise the employment and long-term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination. Strategies to achieve this clause include:

• Encourage the development of a range of well designed and sited tourist facilities, including integrated resorts, motel accommodation and smaller scale operations such as host farm, bed and breakfast and retail opportunities.

• Seek to ensure that tourism facilities have access to suitable transport and be compatible with and build upon the assets and qualities of surrounding urban or rural activities and cultural and natural attractions.

Clause 19.03-2 Water Supply, Sewerage and Drainage

The protection of water supply from uses that may cause possible contamination must be considered in permit applications.

Appropriate on-site waste disposal methods in areas not connected to a reticulated sewerage system must be provided to all lots created through subdivision.


Clause 21.01 Overview of the Mount Alexander Shire

The main employment sectors within the Shire are agriculture (including horticulture), manufacturing, wholesale and retail trade, community services and tourism. Tourism is a growing industry, which is built around heritage, gardens, festivals and events.

Clause 21.02-1 Municipal vision

The vision for Mount Alexander Shire, as expressed in the Mount Alexander Shire Council Plan 2013-2017 is to be a “thriving community working together to create a sustainable and vibrant future”. Through the Plan, Council has expressed four goals for the Shire: a vibrant healthy community; better community facilities; a thriving local economy and building sustainable communities.

Clause 21.02-2 Planning vision

The Mount Alexander Shire’s townships and rural environs engender an identifiable character which reflects the areas unique heritage, its beautiful landscapes and the quality of life.

The Shire Council will seek to manage and sensitively develop the built and natural resources of the Shire in ways which are ecologically sustainable so as to secure an improved economic future, enhance the lifestyle quality of the community and maintain the unique heritage character.

Clause 21.03 Settlement

This clause states that managing future urban growth is a key strategic issue in the Shire. Consideration must be given to infrastructure capacities, protection of landscape and environmental features and maintaining the urban form and character of settlements.

The Shire has prepared a growth management model to accommodate potential growth called “Cluster Connect and Consolidation”. The model seeks to encourage


balanced development across the Shire building on the Shire’s existing settlement pattern with a regional urban focus on Castlemaine. The main components of the model include planned growth of Calder Corridor towns, limited growth of smaller settlements, urban consolidation and expansion in Castlemaine; urban containment and limited expansion in Maldon and planned urban infill and expansion at Newstead.

Clause 21.04-2 Significant landscapes

Significant landscapes exist throughout the Shire. These landscapes are important for a range of reasons, including their visual and scenic appeal and social, cultural heritage and environmental values. Often, landscapes have a range of values that need to be recognised and managed.

Significant landscapes have also been formally identified in the areas immediately surrounding the townships of Castlemaine and Maldon and in Vaughan and Glenluce. There is an interplay between important townscapes and the landscapes that surround them.

Clause 21.03-3 Rural living

Opportunities to provide for new rural living development in the Shire are limited. The Rural Land Study (2014) found that agricultural should be the primary land use in the Shire’s rural areas.

The objective of this clause is:

• to provide for rural living development in identified areas; • to ensure that rural living development occurs in appropriate areas and

provides a net gain in the environmental condition of land; and • to ensure that rural living development is economically sustainable.

Strategies to achieve the above objectives include:

• Ensure the full impact of rural living development is met by the proposed development in relation to road infrastructure, services and the management of storm water.

• Ensure that all rural living development is serviced with sealed roads to a standard approved by Council.

• Discourage rural living development outside areas zoned Rural Living Zone, including land zoned Farming Zone.

Clause 21.04-3 Rural and landscape character

The rural appearance and character of the Shire is a strong element of its appeal for residents and visitors. It is the combination of many physical elements that contribute to this character.

The objective of this clause is to ensure that the use and development of rural land does not detract from the appearance and character of the area.


Agriculture is the main rural land use by area across most rural areas of the Shire.

In Council’s Rural Land Study (2014) the best quality agricultural land in the Shire is rated ‘moderate’: the lowest quality land is rated ‘very low’. The largest areas of


‘moderate’ quality land exist in the north west of the Shire and along waterways in the other parts of the Shire.

The key issues include protecting the future of agricultural land of local and regional strategic significance and controlling the unplanned loss of agricultural land to rural living and residential uses.

Clause 21.06-2 Sustainable agricultural land use

The objective of this clause is to minimise potential amenity impacts between agricultural uses and rural lifestyle or other sensitive uses. Strategies to achieve this objective include:

• Discourage the use and development of land that could create conflict with existing agricultural activities through consideration of noise, dust, odour, spray drift or hours of operation;

• Restrict urban development to areas within the township/urban boundaries identified in the framework plans in Clause 21.12; and

• Ensure the appropriate siting and operation of intensive activities so as to negate off-site negative impacts and give accessibility to required infrastructure.

Clause 21.06-3 Water

The objective of this clause is to improve water quality and waterway health in the Shire and increase environmental flows in all streams and watercourses.

Clause 21.07-3 Heritage

The objective of this clause is to protect and conserve the significance of all Aboriginal and non-Aboriginal heritage Places and to protect significant natural and cultural heritage landscapes.

Clause 21.09-3 Tourism

The objective of this clause is to encourage new tourism-related development in appropriate locations. Strategies to achieve this include:

• Encourage tourist facilities and services that are compatible with and add value to the existing built and natural attractions of the municipality;

• Encourage new tourist development to be sited and designed to minimise its impact on the natural environment and landscapes or productive agricultural land;

• Ensure tourism related developments are planned, located and integrated with existing settlements consistent within the settlement planning vision in Clause 21.03 and commercial vision in Clause 21.09-1; and

• Encourage tourist, recreational activities, primary produce sales and tasting, linked with or dependent upon agricultural activities, to establish in appropriately zoned rural areas.

Clause 21.09-1 Commercial

The objective of this clause is to reinforce the role of the Castlemaine Commercial Centre as the primary commercial centre in the Shire.

Clause 21.09-1 (Commercial) is relevant to this application as it is stated in Clause 21.09-3 (Tourism).

Clause 22.01 Heritage


Mount Alexander Shire exhibits natural and cultural assets which include buildings, townscapes, streetscapes, remnants of settlements, mining sites, sites of Aboriginal cultural significance, trees and significant landscapes and natural features which are fundamental to the Shire’s character and attractiveness as a place to live, invest and visit.


This policy builds upon the following Municipal Strategic Statement objectives:

• Clause 21.03 to provide for rural living development in identified areas. • Clause 21.03 to ensure that rural living development is economically

sustainable. • Clause 21.06 to protect the land resources relied upon by agriculture.

Before deciding on an application, in addition to the decision guidelines in the zone, the responsible authority will consider: the planning history of the site; surrounding land uses; existing levels of infrastructure; the agricultural quality of the land; the level of any environmental constraints; and the degree to which the proposal supports the continued agricultural use of the land.

Zoning

Clause 35.07 Farming Zone

The use of land for camping is a Section 2 Use for which a permit is required under Clause 35.07-1 of the Farming Zone.


Overlays

Clause 42.03 Significant Landscape Overlay (SLO1)

The environmental objective is to identify significant landscapes and to conserve and enhance the character of significant landscapes.

No permit is required under Clause 42.03-2 (SLO) as the proposed building and works will be located outside the area covered by SLO.

Clause 43.01 Heritage Overlay

The purpose of this clause is to ensure that development does not adversely affect the significance of heritage places.

The Heritage Overlay (HO362) covering the site is mapping error which will be amended as a planning scheme error amendment. The individual overlay applies to the property at 407 Bridgewater – Maldon, Tarrengower.

Despite the mapping error the site is covered by a Heritage Overlay and will be assessed against this clause.

Under Clause 43.01-1 a permit is required to construct a building or construct or carry out works.

Clause 44.01 Erosion Management Overlay (EMO)


The purpose of this clause is to protect areas prone to erosion, landslip or other land degradation processes, by minimising land disturbance and inappropriate development.

Under Clause 44.01-1 a permit is required to construct a building or construct or carry out works including road works.

Particular provisions

Clause 52.06 Car parking

The objective of this clause is to ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality.

In Clause 52.06 the car parking rate for a camp uses is not specified. Where a parking requirement is not specified for the use of land, car parking spaces must be provided to the satisfaction of the responsible authority.

Issues 4.

Farming Zone

The six objectives of the Farming Zone all concern the agricultural use of the land. One encourages the retention of employment and population to support rural communities but none refer to residential or accommodation activities.

The purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture. A camping site on land zoned Farming is explicitly a non-agricultural activity.

Council’s Rural Land Study, 2014, classifies the land quality of the subject site as class 4 low. Class 4 is identified as land capable of supporting grazing under moderate to low stocking rates where clearing has occurred. As the subject site is currently being used for raising thoroughbred horses it is considered that the proposed use and development of a camping site on the subject site would result in the loss of productive agricultural land.

The submitted planning report provides insufficient justification to demonstrate how the proposed use and development will enhance agricultural productivity on the land.

The proposed use and development is likely to impact agricultural activities on adjacent land. The proposed 17 metre buffer on the southern boundary of the subject site is not adequate to separate the proposed land use and activity from adjoining agricultural activities.

State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF)

The major thrust of the SPPF and LPPF is the protection of productive agricultural land from the intrusion of inappropriate land uses and the discouragement of the fragmentation of existing rural holdings. The loss of productive agricultural land is also specifically discouraged.

There is a clear theme throughout State and Local policies particularly Clause 11.05-3, 16.02-1, 21.03-3, 21.06-1, 21.06-3 and Clause 22.04, to protect the


agricultural land and discourage the use and development of land that could create conflict with existing agricultural activities.

The introduction of the current proposal into a rural environment is likely to contribute to the emergence of land use conflicts with surrounding agricultural uses to the detriment of the ongoing viability of those uses.

It is acknowledged that camping sites do play an important role in providing affordable tourist accommodation in appropriate locations. However this particular location is not suitable for the proposed use.

Clause 21.09-3 (Tourism) seeks to ensure tourism related developments are planned, located and integrated with existing settlements consistent within the settlement planning vision in Clause 21.03 and commercial vision in Clause 21.09-1. The proposed use and development is considered contrary to these clauses. The subject site is isolated from existing urban areas and is not supported by existing infrastructure and not compatible with surrounding agricultural uses.

It is also important to consider whether the proposed use and development achieves a net community benefit.

While the proposal is favoured by policies relating to providing more tourist accommodation, housing diversity, social needs and economic benefits., the benefits of the proposal do not outweigh clauses which seek to protect agricultural land and discourage the use and development of land that would result in land use conflicts with existing agricultural activities.

Car parking

The proposed 23 car spaces for the use and development are considered satisfactory; the proposal complies with the requirements of Clause 52.06.

Heritage

Given the location, bulk, form or appearance of the proposed buildings, the proposal will not adversely affect the significance of the heritage place. The proposal complies with the decision guidelines of the Heritage Overlay.

Erosion Management Overlay

The proposed use and development including roadworks is unlikely to cause erosion or landslip. Appropriate permit conditions for revegetation along the creek lines, sediment control and drainage could form part of any permit issued

Outstanding Objections

There are a number of other concerns raised by objectors. These are discussed as follows:

Road safety issues at the intersection of Cooks Lane and Bridgewater - Maldon Road

This application was referred to VicRoads and it had no objection to the proposal subject to a condition. All access to the subject land must be via the local road Cooks Lane and no additional vehicle access from the subject land to the Bridgewater-Maldon Road will be permitted.

Maintenance of Cooks Lane


Cooks Lane is managed and maintained by Council.

Capacity for Cooks Lane to accommodate additional traffic

In its current form Cooks Lane is not wide enough to carry the traffic increase generated by the proposed use and development. Traffic movement is likely to be enhanced by road works that would be required, notably widening of Cooks Lane to 5.5 metre wide, should a permit issue.

Bushfire risk

The subject site is not covered by a Bushfire Management Overlay, and the application was not referred to the Country Fire Authority. The applicant would be required to comply with fire and emergency requirements under the Residential Tenancies - Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 if a permit is to issue;

Speculation of potential future large parties (raves)

No large parties are proposed as part of this application. This application is for use and development of a camping site.

Loss of privacy and lifestyle

There will be no loss of privacy and life style given the separation distance between the camping site and dwellings on adjoining lots.

As this site is in a Farming Zone the type of residential amenity expectations expressed by the objector, such as privacy and a quiet neighbourhood, are not commensurate with the purposes of the zone.

Criminal activities i.e. trespassing, theft etc

There is no evidence to suggest that the short term residents of a camping site are any more likely to commit crime than any other sector of our community.

Flooding and erosion concerns

The application was referred to Goulburn Murray Water, North Central Catchment Management Authority, Coliban Water and Council’s Infrastructure Unit who had no objection to the proposal subject to conditions. Issues regarding appropriate setbacks from the waterways, revegetation, land management, drainage, sediment and erosion control will be addressed by permit conditions if a permit is to issue.

Stock safety if the camp ground allows pets

In a rural environment pets are allowed. It is considered that pets for camp users will not overly pose a risk to stock. A condition could form part of any permit issued to not permit patrons to bring pets on site.

Property devaluation

Specific matters raised can be considered, however property values is not a valid ground of objection.

Noise from wind turbines and lighting impacts on adjoining properties

The application does not propose a wind turbine to power the camping facilities. On-site power generation will be from solar panels.


All external lighting will be required to be baffled if a permit is to issue to minimise amenity impacts on adjoining properties.

Site management

A patron management plan would be required if a permit is to issue.

Compliance with camping ground regulations

If a permit is to issue, prior to the commencement of the use and development of the camping site, the camping facilities must obtain registration under the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010.

Restriction to patron numbers

If a permit is to issue a condition would form part of the permit to restrict the number of patrons on site at one given time.

Signage design must be small

No signage is proposed as part of this application.

Adequacy of the notification period

The application was advertised for 14 days, which is the standard period under the Planning and Environment Act 1987.

Capacity of the site to retain wastewater generated by the proposed use

A land capability report was submitted with the application and assessed by Council’s Environmental Health Unit, Coliban Water and Goulburn Murray Water. It is considered that the subject site is capable to retain all the waste water generated by the use and development.

Impact on waterways

Appropriate conditions will form part of any permit to protect waterways.

Policing of planning permit

Council will take enforcement action on any breach to permit conditions if a permit is to issue.



Consultation 6.

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land and a sign was also placed on-site.

Twenty objections including a petition with 59 signatures were received. A further petition with 109 signatures was presented at the Council meeting on 10 May 2016.

Applicant-objector correspondence


A mediation meeting was held on 27 April 2016 to discuss objectors concerns. The meeting did not result in any mediated outcome.

External Referrals

• VicRoads No objection subject to conditions

• Coliban No objection subject to conditions

• Goulburn Murray Water No objection subject to conditions

• North Central Catchment Management Authority No objection subject to conditions

Internal Referrals


• Heritage Advisor No objection subject to conditions


Conclusion 7.

Council has received an application for use and development of a camping site and road works at lot 1 TP235155V, 47 Cooks Lane, Tarrengower. The site is located within the Farming Zone and is covered in part by the Erosion Management Overlay, Heritage Overlay (HO362) and in part by the Significant Landscape Overlay. The application received 20 objections including a petition containing 59 signatures. A further petition with 109 signatures was presented at the Council meeting on 10 May 2016.

A purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture.

This proposal does not achieve an acceptable outcome with respect to the applicable policy framework and the purpose and decision guidelines of the zone. Specifically, the proposed use and development is not compatible with surrounding agricultural activities.

The proposal will not provide a net community benefit in the terms set out in Clause 10.04 of the Mount Alexander Planning Scheme.

It is recommended that this application be refused.

RECOMMENDATION

That Council:

Issue a Notice of Refusal to Issue a Planning Permit for use and development of a camping site and road works at lot 1, TP235155V, 47 Cooks Lane, Tarrengower on the following grounds:

1. The proposed use and development of a camping site on the subject site is contrary to State Planning Policy Framework and Local Planning Policy


Framework, more specifically Clause 11.05-3 – Rural Productivity, Clause 14.01-1 – Protection of Agricultural Land, Clause 16.02-1 – Rural Residential Development, 21.03-3 – Rural Living, Clause 21.06-1 – Protection of Agricultural Land, Clause 21.06-2 – Sustainable Agricultural Land Use & Clause 22.04 – Use and Development of land in the Farming Zone and Rural Living Zone;

2. Use and development of a camping site is contrary to the purpose and decision guidelines of the Farming Zone;

3. Use and development of a camping site would not retain productive agricultural land.

4. Use and development of a camping site would not support and enhance agricultural production on nearby land;

5. Use and development of a camping site is contrary to Clause 21.09-3 (Tourism) which particularly requires tourism related developments be located and integrated with existing settlements consistent within the settlement planning vision in Clause 21.03 (Settlement) and commercial vision in Clause 21.09-1 (Commercial); and

6. Use and development of a camping site will not result in a net community benefit contrary to Clause 10.4 (Integrated decision making).


ECO 31 PLANNING PERMIT APPLICATION 187/2015- USE AND DEVELOPMENT OF FOUR DWELLINGS AT CA 7, 8, 9 AND 12 SEC 5A AND CA4, SEC 6A PARISH OF HARCOURT, 10 CRAIGIE STREET, HARCOURT (PA187/2015)


Purpose 1.

The purpose of this report is to enable Council to make a determination on Planning Permit Application 187/2015 for use and development of four dwellings at CA 7, 8, 9 and 12 Sec 5A and CA4, Sec 6A Parish of Harcourt, 10 Craigie Street, Harcourt. The application has been referred to Council for a decision as officers are recommending refusal.

Following advertising of the application, one (1) submission was received. The submission was not an objection to the application

Refer to:


Background 2.

The application was lodged on 8 July 2015 and seeks approval for use and development of four dwellings on five separate parcels of land within the farming zone.

The subject site is located approximately 500 metres to the north of the centre of Harcourt. The subject site consists of five parcels of land generally bound by Craigie Street to the south, Leafy Lane to the North and Eagles Road to the west. Four parcels (CA 7, 8, 9 & 12, Sec 12) are located on the western side of Shady Lane. The remaining lot (CA 4, Sec 6A) is located on the eastern side of Shady Lane.

The application proposes to construct a single dwelling on each of the following sites:

• CA 4, Sec 6A, the parcel having an overall area of 18,231 square metres; • a site consisting of CA 7 & 8, Sec 12, the combined site having an overall area

of 20,411.3 square metres; • CA 9, Sec 12, the parcel having an area of 25,733.42 square metres; and • CA 12, Sec 12, the parcel having an area of 19,703.13 square metres.

Each site is generally clear of significant vegetation. Dams, a watercourse and drainage lines are present on respective sites. The general topography of the land slopes gently down towards Barkers Creek to the west.

The subject sites are located within the Farming Zone. No overlays affect the land. Surrounding land displays a mixed character. Land to the south of Craigie Street has a rural-residential character, being located on the edge of the Township Zone. Land to the north of Craigie Street displays a more rural character with small scale grazing and horticultural activities occurring further to the west.


No dwelling plans have been submitted with the application. Building envelopes have been allocated to indicate general location of dwelling.

No agricultural land use is proposed as part of the application nor has any association between the use of the land for a dwelling and an agricultural land use been indicated.


State Planning Policy Framework (SPPF) (In Style Report Heading 2)

Clause 11.02-1 Supply of urban land

The objective of this policy is to ensure that sufficient supply of land is available for a range of uses, including residential uses. Strategies include ensuring sufficient residential land is available to meet demand and restricting low-density rural residential development that would compromise future development at higher densities.

Clause 11.05-3 Rural productivity

The policy objective for rural productivity is to manage land use change and development in rural areas to promote agriculture and rural production. It includes strategies to prevent inappropriately dispersed urban activities in rural areas and limit new housing in rural areas including directing housing growth into existing settlements.

Clause 11.12 Loddon Mallee South regional growth

This clause contains specific policy to manage population growth and settlements within the Loddon Mallee South region. Strategies include supporting sustainable growth and expansion in towns, including Harcourt, to capitalise on their proximity to Bendigo.


This clause aims to protect productive farmland which is of significance in the local or regional context and also protect unplanned loss of agricultural land due to permanent changes in land use.

Clause 16.02-1 Rural Residential Development

Planning should manage development in rural areas to protect agriculture and avoid inappropriate rural residential development.


Clause 21.02 Vision and framework plan

This clause contains some of the guiding policy linking the municipal vision, derived from Mount Alexander Shire Council Plan, to the land use and development planning vision for the Shire. This policy identifies the unique and identifiable character of the Shire’s townships and rural environs and the need to manage and sensitively develop the built and natural resources of the Shire in ways which are ecologically sustainable and secure an improved economic future, enhances lifestyle quality and maintains heritage character.

The policy states that cultural identity of Harcourt is derived from the town’s horticultural heritage. The Mount Alexander Strategic Framework Plan specifically supports expansion of the Harcourt horticultural area.


Clause 21.03-1 Urban Growth

The policy statement of this clause outlines the existing and preferred settlement pattern within the Shire. This clause specifically identifies Harcourt as a location for planned growth given its strategic location and availability of reticulated services within the township area.

This policy states that Mount Alexander Shire currently has at least 15 years’ supply of residential land and an additional 15 years of ‘future’ or unzoned land stocks that will require more detailed investigation to determine their development potential.

Objectives of this clause include to ensure low density residential development is appropriately located and serviced. Strategies to achieve this objective include discouraging development of land for low density residential development if the land is likely to be required for future urban development.

Clause 21.03-3 Rural Living

This clause identifies rural living as a key element of the Shire’s attraction for many new residents. Within the Shire, the only areas specifically designated for rural living are around Castlemaine. These areas are to the north of Castlemaine (Barkers Creek area), to the west of Castlemaine (towards Muckleford) and to the south of Castlemaine (Ross Drive area). In areas in close proximity to services and settlements and in locations which do not compromise existing land uses and values and future needs of the community.

The prevalence of small lots throughout many areas of the municipality makes a substantial contribution to potential supply of rural living land and poses a significant land management issues and infrastructure provision costs, including road maintenance, waste management and community services.

Strategies to implement this policy include to encourage rural living within existing Rural Living Zone and discouraging rural living development outside of areas zoned Rural Living Zone.


Policy within this clause recognises the prominent role that agriculture plays in the Shire. Specifically, Harcourt is identified as one of Victoria’s significant fruit producing regions which also contains manufacturing that adds value to horticultural produce.

The subject site lies within the broader Harcourt area which contains some of the Shire’s highest quality agricultural land. The site is also located within the Harcourt irrigation area, being one of two major areas within the Shire where significant quantities of water are available to improve agricultural potential of land.

Strategies to implement the objectives of this clause include:

• Promote agriculture and horticulture as the primary land uses in the Shire unless other land uses are strategically justified;

• Discourage development of dwellings in areas of moderate agricultural land unless they directly linked and will benefit an agricultural use, and;

• Strongly discourage the fragmentation of, or non-agricultural uses within, the farming zone in the Harcourt irrigation area.

Clause 21.12-5 Harcourt


This clause contains policy specific to Harcourt in the context of the Shire and, in turn, the wider Loddon Mallee South region.

The Harcourt Land Use and Framework Plan details existing and future land use and development issues for the township.

The subject site is located within an area identified as having potential for residential expansion and infill. However, the site is currently within the Farming Zone and no further strategic work has been undertaken to support the rezoning of the area to a residential zone.


The policy basis for this clause builds on other Municipal Strategic Statement objectives of:

• Clause 21.03 to provide for rural living development in identified areas. • Clause 21.03 to ensure that rural living development is economically

sustainable. • Clause 21.06 to protect the land resources relied upon by agriculture.

Objectives include that use and development of land for a dwelling is required to support the rural use of land, ensure dwellings do not adversely impact on agricultural activities on adjacent site and that a proposed dwelling will not result in the loss or fragmentation of productive agricultural land.

Zoning

Clause 35.07 Farming Zone (FZ)

As the land is less than 40ha, the use of land for a ‘dwelling’ is a Section 2 Use for which a permit is required under Clause 35.07-1 of the Farming Zone.


No permit is required to consolidate land under the zone.

Issues 4.

Farming Zone

The proposed use and development of a dwelling on each of the sites is inconsistent with the purpose and decision guidelines of the farming zone.

The purpose of the Farming Zone includes to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture. A dwelling on land zoned Farming is explicitly a non – agricultural activity.

The application proposes no agricultural activity nor provides any association between the proposed dwelling with an agricultural use of the land.

It is considered, that in this instance, the use and development of a dwelling would not enhance and support the existing or any potential future agricultural production on the site.


No dwelling plans have been submitted with the application. Insufficient information has been provided for Council to make a determination on the potential impact of design and siting issues as required by the decision guidelines of the farming zone.

State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF)

It is considered that the application is contrary to a range of policy outlined within the SPPF and the LPPF relating to protection of significant agricultural land and also preventing ad hoc residential development within a potential strategic growth area.

Much of the policy within the SPPF and LPPF place a strong emphasis on protecting agricultural land zoned Farming for on-going agricultural use, and avoiding dwellings adversely affecting this preferred outcome.

There is a clear theme throughout state and local policies particularly Clause 11.05-3, 14.01-1, 16.02-1, 21.02, 21.03-3, 21.06-1 and 22.04, to focus rural living and residential development into areas zoned for that purpose and to discourage the use of existing small allotments in the Farming Zone for rural living purposes.

The site is located within an area identified in clause 21.06-1 as one of the Shire’s most productive and significant agricultural areas. Despite the predominantly rural land use of the Shire, there are relatively limited areas of high productivity potential due to relatively poor soils and lack of sufficient water supply. Agricultural land within Harcourt has proven to be highly productive due to the combination of access to water through the Coliban supply system and its location within an area of moderate land quality. The ad hoc construction of dwellings on locally and regionally strategic agricultural land in the Harcourt area without further strategic justification would be contrary to a range of state and local planning policies.

In addition to its role as a key agricultural centre, Harcourt has also been identified in a range of state and local planning policies as a potential growth centre for the municipality and the region.

Properly planned supply of urban land and strategic management of population growth are key themes within state and local policies particularly Clause 11.02-1, 11.12, 21.02, 21.03-1, 21.12-5. The development of the sites as proposed by the application is contrary to the policy within these clauses as it proposes low density, ad hoc development that may likely be required for future urban development at higher densities.

The Harcourt framework plan within Clause 21.12-5 identifies the sites as being within an area of potential residential expansion and infill. The framework plan also recommends rezoning of the land to Residential 1 Zone (now the General Residential Zone) and application of Development Plan overlays to co-ordinate town growth. This is not strategic justification for the immediate development of land in the area for residential use, but does lend support for further strategic study and assessment once a shortfall of residential land is identified. Clause 21.03-1 indicates that the Shire currently has more than 15 years’ supply of residential land available.

For the reasons outlined above the proposal is deemed to be inconsistent with policy which aims to protect the significant agricultural potential of the land currently, and also inconsistent with policy which aims to take a strategic and long term approach to future urban development.




Consultation 6.

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land and. A sign was also placed on-site.

One submission was received.

External Referrals

• Nil Internal Referrals



Conclusion 7.

Council has received an application for use and development of four dwellings at CA 7, 8, 9 & 12 Sec 5A and CA4, Sec 6A Parish of Harcourt, 10 Craigie Street, Harcourt. The site is located within the Farming Zone and is not covered by any overlays.

The application has not demonstrated any relationship between the proposed dwellings and farming activity and would result in the removal of agricultural land from production.

The purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture.

The application is contrary to a variety of State and Local Planning Policy relating to protection of agricultural land.

The application is also contrary to a variety of State and Local Planning Policy relating to strategic residential land supply.

The application does not meet the requirements of the planning scheme.

It is recommended that this application be refused.

RECOMMENDATION

That Council:

Issue a Notice of Refusal to Issue a Planning Permit for use and development of four dwellings at CA 7, 8, 9 and 12 Sec 5A and CA 4, Sec 6A Parish of Harcourt, 10 Craigie Street, Harcourt on the following grounds:


1. The proposed use and development is contrary to State Planning Policy Framework and Local Planning Policy Framework, more specifically Clause 11.02-1 Supply of Urban Land, 11.05-3 – Rural Productivity, Clause 11.12 – Loddon Mallee South Regional Growth, Clause 14.01-1 – Protection of Agricultural Land, Clause 16.02-1 – Rural Residential Development, Clause 21.02 – Vision and Framework Plan, Clause 21.03-1 Urban Growth, Clause 21.03-3 Rural Living, Clause 21.06-1 – Protection of Agricultural Land, Clause 21.12-5 – Harcourt, Clause 22.04 – Use and Development of Land in the Farming Zone and Rural Living Zone;

2. The proposed use and development is contrary to the purpose and decision guidelines of the Farming Zone;

3. Use and development of dwellings would not support and enhance agricultural production; and

4. The proposed use and development will not result in sustainable residential development.


9.4. BUILDING SUSTAINABLE COMMUNITIES (COM)

COM 34 LODDON CAMPASPE INTEGRATED TRANSPORT STRATEGY

Responsible Director: Director Sustainable Development Responsible Officer: Director Sustainable Development Original Document: DOC/16/17933

Purpose 1.

The purpose of this report is to enable Council to consider the endorsement of the Loddon Campaspe Integrated Transport Strategy.

Refer to:

Separate Attachment COM 34A: Loddon Campaspe Integrated Transport Strategy Final Document – April 2016

Background 2.

Over the past couple of decades councils across Victoria have worked together to develop regional transport strategies or action plans. The southern New South Wales and Gippsland councils were one of the first groups to develop a strategy; the South East Australia Transport Strategy. The Green Triangle Freight Action Plan centred around south west Victoria and adjoining South Australian municipalities was also developed early. These strategies provided an evidence based list of priority transport actions and advocacy for their respective regions. Both groups were successful in attracting significant funding for roads in the regions and drawing attention to their transportation issues.

Central Victoria was the last region in Victoria to develop a regional transport strategy. The absence of a transport strategy places the region at a disadvantage in the competition for available government funding for transport infrastructure.

The Loddon Mallee Regional Growth Plan provides the context for the development of a regional transport strategy. Regional growth will require development of the enabling regional transport infrastructure. Having a clear understanding of regional transport needs is essential to focus effort and attract the funding that will be required to complete projects. Regional support and consensus for projects assists in securing project funding.

The Loddon Mallee South Regional Growth Plan Steering Committee agreed to fund the development of a regional transport strategy in 2014. The strategy covers the municipalities of City of Greater Bendigo, Loddon, Mount Alexander, Campaspe, Macedon Ranges and Central Goldfields. Representatives from the six municipalities, together with senior staff from VicRoads, Department of Economic Development, Jobs, Transport and Resources, and Department of Environment, Land, Water and Planning formed a working group to develop the strategy. Consultant firm InfraPlan Pty Ltd was engaged to assist in development of the strategy.



Loddon Mallee South Regional Growth Plan

Eight regional growth plans have been developed for Victoria to provide broad direction for land use and development across regional Victoria. The Loddon Mallee South Regional Growth Plan provides the basis for regional coordination and future planning of infrastructure to support regional land use objectives.

A regional transport strategy is an important tool to build on the regional context identified in the regional growth plan and to provide direction for the region’s transport needs and priorities.

Council Plan 2013 -17

The Council Plan vision is ‘a thriving community working together to create a sustainable and vibrant future.’

A regional transport strategy with clear priorities and actions relating to transport will assist achievement of the vision.

Issues 4.

The objective of the Loddon Campaspe Integrated Transport Strategy was to understand the transport drivers and needs of the region and identify priority projects. The process presented an opportunity for an in-depth dialogue between the councils across the region about all transport related issues.

The Strategy has now been drafted and is in the process of being endorsed by the member municipalities.

The Strategy includes six key goals and identifies 10 priority projects. The strategy also includes a triple bottom line assessment tool to assist with the analysis and ranking of projects on a regional basis. The Strategy recommends an ongoing committee or working group to progress the identified projects and matters that need further work.

The Strategy outlines the following six goals:

• Goal 1: Protect and enhance a transport system that supports regional economic development and population growth.

• Goal 2: Improve the capacity and function of the transport network, and integrate it with land use.

• Goal 3: Manage the transport system so that it is maintained to a safe and affordable level of service.

• Goal 4: Provide equitable community access and connectivity for large and small communities.

• Goal 5: Support efficient and sustainable transport of products between producers, markets and nodes within the region and with other regions.

• Goal 6: Support improved community health and environmental outcomes.

The Strategy provides an evaluation tool for new projects to enable them to be assessed, determined if they are regionally significant, and provide an indication of priority.


The tool has been developed to assist in building a business case for the project and assist in developing funding applications. The tool uses criteria for assessment established by the working group.

The 10 priority projects identified in the strategy are:

1. Murray Basin Rail Project 2. Echuca Moama Bridge 3. Capacity Improvements on the Bendigo, Swan Hill and Echuca Passenger

Rail Lines 4. Increased passenger rail services throughout the region 5. Bridges, Structures and Higher Mass Limit Access Study 6. Develop a functional road use hierarchy for freight, community access and

tourist routes, then prioritise investment on these road networks. 7. Freight Hub study for Loddon Campaspe region 8. Railway Station Access Improvement Program, encouraging active and

public transport 9. Rail Trails and recreational tourism bike networks 10. Small towns connectivity plans


The Loddon Mallee South Regional Growth Plan Steering Committee agreed to allocate a budget of $80,000 to the development of the regional transport strategy. The funding to undertake the strategy comprises $50,000 from State Government for the implementation of regional growth plans and $5,000 from VicRoads and each of the councils involved.

The development of the strategy has required staff to allocate time to attend meetings and follow up project tasks. Projects identified in the strategy will require future resources.

Consultation 6.

The Loddon Mallee Integrated Transport Strategy was developed following consultation with industry, council staff, and State Government transport and planning agencies. The strategy is informed by existing State and Local Government transport strategies.

Each municipality will consider endorsement of the Strategy at a council meeting.

Conclusion 7.

The Loddon Campaspe Integrated Transport Strategy is an important regional document that provides a succinct list of regional transport priorities and actions.

The Strategy positions the Loddon Campaspe group of councils well to articulate its transport vision for the region and to attract investment in critical regional transport projects.

Each of the six councils is in the process of considering endorsement of the Strategy.

Each council has committed to an ongoing working group to implement the Strategy. Senior State Government staff would also continue to contribute to the working group.


RECOMMENDATION

That Council endorse the Loddon Campaspe Integrated Transport Strategy, April 2016.


COM 35 REQUEST AUTHORISATION FOR AMENDMENT C81 – REZONING OF FORMER CASTLEMAINE POLICE STATION AND FREDERICK STREET CARPARK


Purpose 1.

The purpose of this report is to enable Council to resolve to request the Minister for Planning to authorise the preparation of Planning Scheme Amendment C81.

Amendment C81 will rezone the land at 44-50 Lyttleton Street, Castlemaine (CP155099 and CA 8A, Sec 15, Parish of Castlemaine) to a Commercial 1 Zone and apply a Design and Development Overlay. This subject land comprises the former Castlemaine Police Station and a privately owned carpark.

Refer to:

Attachment COM 35A: Aerial photograph showing the subject area of proposed rezoning

Attachment COM 35B: Proposed schedule to the Design and Development Overlay (Clause 43.02, Schedule 14)

Background 2.

The new Castlemaine Police Station in Hargraves Street opened in 2014. This left the former police station building at 50 Lyttleton Street vacant. The property is owned by the Department of Treasury and Finance and the intention is to dispose of the property.

Policy of the Victorian Government Land Monitor is that an agency must not offer land for sale where the land is zoned for a public purpose.

The former police station is currently zoned for public purposes. The neighbouring site to the west is also zoned for public purposes. Until recently this land was leased by Council for the purpose of a carpark. This zone is not inappropriate for land in private ownership.

This amendment will rezone both sites from Public Use Zone to Commercial 1 Zone and apply a Design and Development Overlay. The Design and Development Overlay will ensure a high quality development is achieved at this important Castlemaine commercial centre location.


Council Policy

The amendment is consistent with the Council Plan 2013-2017 A Thriving Local Economy section, and the objective to ‘encourage the establishment of innovative, creative and sustainable businesses’.

This leads further into the objectives of the Economic Development Strategy 2013-2017, which aims to ‘ensure that Council’s planning and policies support economic development’. One of the strategies which support this objective is the ‘provide adequate commercially zoned areas and serviced sites in Castlemaine’.


Municipal Strategic Statement

The Municipal Strategic Statement for Mount Alexander Shire states that the Shire will manage its unique heritage in a sensitive and sustainable manner. Clause 21.09 Economic Development outlines Council’s vision to develop and reinforce the Castlemaine Commercial Centre’s role as the primary local service centre in the Shire, whilst building on its historic features and improving activity mix, functionality and amenity.

Clause 21.12 contains the local clauses relating to the Shire’s townships with the statement for Castlemaine outlining the objectives of reinforcement of the role of Castlemaine’s CBD as the Shire’s primary commercial centre and to protect its identity and existing character.

Statutory Implications

Section 4(1) of the Planning and Environment Act 1987 sets out the objectives of planning in Victoria, the first of which is to provide for the fair, orderly, economic and sustainable use, and development of land.

Section 8A(2) of the Planning and Environment Act 1987 stipulates that a municipal council may only prepare an amendment to a planning scheme if it is authorised to do so by the Minister for Planning.

Section 12(1) of the Planning and Environment Act 1987 requires that Planning Authorities “provide sound, strategic and co-ordinated planning of the use and development of land in its area”.

Section 20(4) of the Planning and Environment Act 1987 allows the Minister for Planning to exempt himself from giving notice of the amendment where he believes that compliance with requirements is not warranted, or not in the interests of Victoria or any part of Victoria.

Direction 12 of Ministerial Direction ‘The Form and Content of Planning Schemes’ requires that:

A planning scheme may only include land in a Public Use Zone, a Public Park and Recreation Zone or a Public Conservation and Resource Zone if the land is Crown land, or is owned by, vested in or controlled by a Minister, government department, public authority or municipal council.

Issues 4.

The public purpose zoning of the former police station and neighbouring carpark is not suitable for future use of the sites.

Rezoning of the sites to Commercial 1 Zone will ensure the land is in the same zone as surrounding land. This will also enable Department of Treasury and Finance to sell the former police station site.

Zoning

There are two properties that will be affected by this amendment.

Public land type zones should only be applied to land in public ownership to recognise use for public utility and community services and facilities (Public Use Zone – PUZ schedule 1-7), to recognise areas for public recreation and open


space (Public Park and Recreation Zone – PPRZ) and to protect and conserve the natural environment and natural processes (Public Conservation and Resource Zone – PCRZ).

Rezoning of the subject land to Commercial 1 Zone will allow each or both of the sites to be developed for a variety of purposes appropriate to a location in the CBD of a regional town. This includes, but is not limited to, shops, offices, shop-top housing, entertainment, education or food premises.

Design and Development Overlay

Applying a Design and Development Overlay to the land will ensure that future development of the site:

• Appropriately responds to the street and contributes to public amenity and safety;

• Is designed to a high standard; and • Does not result in a loss of amenity and significance to the adjacent Imperial

Hotel and other nearby heritage buildings.


This amendment was applied for by the Department of Treasury and Finance in respect of the former police station. Preparation of the amendment documentation has been undertaken by the Department. Council has made revisions to the documentation to include the car park site.

The costs for a planning panel would be borne by Council and the Department, dependent on the type of submissions. This cost can be accommodated within current budget allocations for strategic planning.

Consultation 6.

The owner of the car park is aware that Council plans to rezone the land, but has not yet been given any formal notice. It is a statutory requirement that once the Minister has provided authorisation Council exhibit the proposed amendment for at least one month. Council officers will write to all affected land owners, giving them the opportunity to make a submission, as well as advertise in the local newspaper and in the government gazette.

Conclusion 7.

Council is seeking Minister for Planning authorisation for the preparation of Planning Scheme Amendment C81.

Council is responsible for ensuring its planning scheme is accurate and land within its boundaries is appropriately zoned. The former police station and adjacent carpark at 44-50 Lyttleton Street, Castlemaine are currently zoned Public Use, which is no longer appropriate.

The proposed amendment will rezone both pieces of land to Commercial 1 Zone and apply a new Design and Development Overlay.

This change will ensure the subject land can be developed to its full potential in a way that doesn’t detract from the surrounding area.


RECOMMENDATION

That Council:

1. Seek authorisation from the Minister for Planning under section 8A(2) of the Planning and Environment Act 1987 to prepare proposed Amendment C81 to the Mount Alexander Planning Scheme;

2. Once authorisation is received, exhibit the amendment in accordance with the Planning and Environment Act;

3. Delegate, to Manager Development Services, the ability to include any additional errors in the Mount Alexander Planning Scheme in Planning Scheme Amendment C81 prior to exhibition; and

4. Delegate, to Manager Development Services, the ability to make changes to Planning Scheme Amendment C81 that are required by, or suggested to be made, in the authorisation process.


COM 36 STRUCTURE OF RURAL COUNCILS VICTORIA

Responsible Director: Director Corporate Support Responsible Officer: Director Corporate Support Original Document: DOC/16/17846

Purpose 1.

The purpose of this report is for Council to consider the proposed incorporation of Rural Councils Victoria and to authorise a Councillor to vote on the matter at a meeting of Rural Councils Victoria to be held on 10 June 2016.

Refer to:

Separate Attachment COM 36A: Rural Councils Victoria Incorporated Rules.

Background 2.

Rural Councils Victoria (RCV) is an unincorporated organisation which represents the interests of rural councils within Victoria and currently has 38 members, of which Council is one.

The RCV's work includes:

1. providing opportunities for networking and professional development;

2. activities directed at ensuring the sustainability of rural councils; and

3. activities to assist rural communities to remain sustainable.

This occurs via a number of mechanisms, including the:

1. organisation of forums and conferences for member councils;

2. engagement of consultants to undertake project work; and

3. applying for Government grants, particularly through Regional Development Victoria.

Given that the RCV is not a separate legal entity, it conducts its business through a 'Secretariat'. This involves the Executive appointing a willing council member to, essentially, act as its agent, providing administrative support and entering into contracts on its behalf.


Exercise of Entrepreneurial Powers

As Council will, if in favour of this proposal, be participating in the formation and operation of a separate legal entity, it is required, in accordance with Section 193 of the Local Government Act 1989 (the Act), to have regard to the risks involved and comply with Sections 193(5A) and (5B) of the Act.


Council is advised that

• the total investment involved in Council's participation in the formation of Rural Councils Victoria Limited is $0;

• Council will be required to continue paying membership fees, as fixed by the Committee from time to time, but will not be required to invest anything in respect of the incorporation; and

• the total risk involved in Council's participation in the formation of Rural Councils Victoria Limited is $0.

Any liability for the activities of Rural Councils Victoria Limited will attach to it, not to the individual members.

Therefore the total investment and risk exposure will be $0, meaning that Council is not required to take any further action in relation to this matter under Section 193(5C) of the Act.

Issues 4.

As the RCV is currently unincorporated, Council is, together with all other member councils, exposed to liability in respect of its operations.

To address this, and to enable the RCV to operate with greater independence and ease, it is proposed to incorporate the RCV as an incorporated association. It will be called 'Rural Councils Victoria Incorporated' and will operate in accordance with the draft Rules (Attachment COM 36A).

The benefits of the RCV being incorporated include that it:

• is recognised as a separate legal entity, with protection from debts for members and perpetual succession;

• has the power to own and hold property, enter into contracts and otherwise act as any other legal entity would;

• cannot distribute profit to its members;

• must operate in accordance with a set of rules, including a statement of purpose – being the draft Rules attached to this report as 'Attachment A'; and

• is operated by a Committee of Management and a Secretary, which are responsible for ensuring that all legislative obligations are complied with and purposes are being achieved.

The RCV fulfils a number of functions that are important to rural councils in Victoria. Perhaps most importantly, it currently has responsibility for applying for Government grants, particularly through Regional Development Victoria, which is of benefit to rural councils.

It will be important that the RCV is incorporated to enable it to carry on those functions with greater independence and flexibility while still being subject to the views of its member councils.


It is not expected that the manner in which the RCV operates will be different from its current operations although election to the Committee of Management will be based on slightly different zones, as set out in the draft Rules attached to this report as 'Attachment A'.


The total investment involved in Council's participation in the formation of Rural Councils Victoria Limited is $0.

Council will be required to continue paying membership fees, as fixed by the Committee from time to time, but will not be required to invest anything in respect of the incorporation.

Consultation 6.

It is proposed that a vote of all current members will be held at the next meeting of RCV on 10 June 2016. The vote will, if a majority is in favour, authorise Jim Nolan, Chief Executive Officer of Pyrenees Shire Council (the current Secretariat council), to apply to the Registrar of Incorporated Associations for the incorporation of RCV and approve the draft Rules (Attachment COM 36A).

Conclusion 7.

If the RCV continues operating as an unincorporated association, there is a risk that its individual members, including Council, will be exposed to liability if the RCV fails to properly conduct its business. Furthermore, it will be unable to enter into contractual arrangements on its own behalf, relying on the Secretariat council to do so.

It is therefore recommended that Council accept the analysis of Council's investment and risk exposure and votes in favour of the RCV being incorporated on the basis of the draft Rules.

RECOMMENDATION

That Council:

1. Note that the proposed incorporation of Rural Councils Victoria does not involve an investment and/or risk exposure that exceeds the thresholds set out in Section 193(5C) of the Local Government Act 1989;

2. Votes in favour of authorising Jim Nolan, Chief Executive Officer of Pyrenees Shire Council, to apply to the Registrar of Incorporated Associations for the incorporation of Rural Councils Victoria Incorporated;

3. Approves the draft Rules attached to this report as 'Attachment A' as the Rules for Rural Councils Victoria Incorporated; and

4. Authorises a Councillor to vote on Council's behalf on this matter, in accordance with this resolution, at the meeting of RCV to be held on 10 June 2016.


10. DELEGATES REPORTS

11. NOTICE OF MOTION

12. URGENT SPECIAL BUSINESS

13. MEETING CLOSE


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