ref: 1600252 - south gippsland shire · 2016-06-15 · ref: 1600252 proposed dwelling - downings...

fj Beveridge Williams

Leongatha Office 45A Bair Street

Leongatha 3953 P0 Box 161

Leongatha 3953

Tel: (03) 5662 2630 Fax: (03) 5662 3578

www.beveridgewilliams.com.au

M r R Argento Proposed Dwelling Downings Hill Road, Toora

Ref: 1600252 Proposed Dwelling - Downings Hill Road, Toora

TABLE OF CONTENTS

1. INTRODUCTION.....................................................................................................................2

2. SITE & SURROUNDS...............................................................................................................2

2.1 SUBJECT SITE .................................................................................................................................2 2.2 SURROUNDING AREA ......................................................................................................................3

3. THE PROPOSAL......................................................................................................................3

4. PLANNING CONTROLS ...........................................................................................................4

4.1 STATE PLANNING POLICY FRAMEWORK ..............................................................................................4 4.2 LOCAL PLANNING POLICY FRAMEWORK ...........................................................................................10 4.3 ZONING & OVERLAYS .................................................................................................................... 11

S. PLANNING CONSIDERATIONS ..............................................................................................12

5.1 THE PURPOSES OF THE FARMING ZONE ...........................................................................................12 5.2 How THE DWELLING RESPONDS TO THE DECISION GUIDELINES OF THE FARMING ZONE ..........................13 5.3 DECISION GUIDELINES OFCLAUSE 22.05 ..........................................................................................19 5.4 How THE DWELLING RESPONDS TO ESO SCHEDULE 5 .......................................................................20 5.5 How THE DWELLING RESPONDS TO SLO SCHEDULE 3........................................................................22

6. CONCLUSION.......................................................................................................................25

ATTACHMENTS

ATTACHMENT A. .................................................................................................... CERTIFICATE OF TITLE ATTACHMENT B ............................................................................................................LOCALITY PLAN ATTACHMENTC...........................................................................................PROPOSED DWELLING PLANS ATTACHMENT D .........................................................................................PLANNING PROPERTY REPORT

BEVERIDGE WILLIAMS & Co PAGE 1


1. INTRODUCTION

Mr R Argento has requested Beveridge Williams and Co Pty Ltd lodge a planning application for the use and development of a dwelling on land at 24 Foster Road, Toora.

The subject land comprises four separate parcels of land which upon grant of the planning permit would be consolidated together.

Two of the parcels because of their size would be capable of development with a dwelling as they meet the size criteria for a dwelling under clause 22.05 of the planning scheme. The third lot has been recently granted a planning permit for the use and development of a farm shed.

As such it is intended to consolidate the land and the potential opportunities to develop the land for a dwelling into a single lot and single dwelling opportunity.

This report provides an assessment of the proposal having regard to the provisions of the South Gippsland Planning Scheme.

2. SITE & SURROUNDS

2.1 SUBJECT SITE

The subject land has an area of 21.22ha and is contained in four separate parcels of land being;

Lot 1 TP893100.

This a small parcel of land of approximately 0.33ha situated on Downings Hill Road, just near the intersection with South Gippsland Highway.

This lot is presently being developed with a farm shed.

Lot 2 TP893100

At 16.6ha this is the largest parcel of land in the application. This parcel contains a good building site in the north west section of the land.

The lot presently contains a small outbuilding and has abuttal to Downings Hill Road.

Lot 1 TP863006

This parcel has an area of approximately 0.92ha and is situated at the intersection of Creamery Valley Road and South Gippsland Highway.

There is a suitable dwelling location on the land and we are instructed that there was a house on this land a number of years ago.

Lot 2 TP863006

This is a parcel of 3.37ha and has abuttal to Creamery Valley Road.



There is also a potential house site on this land however the majority of the land is constrained by the terrain and the small creek running through the land.

Overall the land is gently to moderately undulating and includes some steep sections of land.

Under Clause 22.05 there would be two reasonable opportunities for a dwelling (lots 1 and 2 TP863006 respectively) with a third possible on Lot 1 TP893100 although siting would be constrained and it would be necessary to remove or "convert" the shed currently under development.

Overall the best dwelling site both physically and aesthetically is situated on lot 2 TP893100 which would not comply with the basic provision of Clause 22.05

A copy of each certificate of title is contained in Attachment A.

2.2 SURROUNDING AREA

The subject site is located immediately adjacent to the northern edge of the Toora township and is bound in part by the South Gippsland Highway, Creamery Valley Road and Downings Hill Road. Locality plans displaying the site in relation to the surrounding area are contained in Attachment B.

The area immediately north of the town is primarily utilised for grazing however there is a significant rural living presence taking account of the spectacular views available from portions of the area.

Whilst Toora itself is situated on flat to gently undulating land, the land to north rises quite steeply from the coastal plains.

Both Downings Hill Road and Creamery Valley Road adjacent to the subject land are sealed roads with a bitumen pavement. Downings Hill Road is essentially a local road whilst Creamery Valley Road is a more significant local/regional connecting road.

3. THE PROPOSAL

The proposal is to use and develop the land for a dwelling. The purpose of the application is to primarily establish the opportunity to construct a dwelling on the land with the final plans to be submitted later

The site for the dwelling will be that utilised by the applicant with some fine tuning likely in the future

The dwelling is 4/5 bedroom, brick clad with a colorbond roof and attached garage. The dwelling is orientated to maximise views to the south.

No ancillary buildings are shown at this time as there are ample as of right opportunities for ancillary outbuildings possible under the scheme.

A nominal effluent disposal area is shown with the notation that all future septic tank/effluent treatment and disposal would require additional permits/approval from Council.

Access to the land would be from a new driveway entry to be constructed to Downings Hill Road.



As part of the application process the applicants accept that it will be necessary to consolidate the subject land into a single lot.

Overall the application will result in the conversion of three potential rural living opportunities into a consolidated rural lifestyle parcel of approximately 21.22ha.

4. PLANNING CONTROLS

4.1 STATE PLANNING POLICY FRAMEWORK

The following clause of the State Planning Policy Framework is relevant to this proposal:

11 SETTLEMENT

11.05-3 Rural productivity Objective

To manage land use change and development in rural areas to promote agriculture and rural production.

12 ENVIRONMENTAL AND LANDSCAPE VALUES

12.01 Biodiversity

12.01-1 Protection of biodiversity

Objective

To assist the protection and conservation of Victoria's biodiversity, including important habitat for Victoria's flora and fauna and other strategically valuable biodiversity sites.

Strategies

Use statewide biodiversity information to identify high value biodiversity and consider the impact of land use and development on these values.

Ensure strategic planning:

• Avoids and minimises significant impacts, including cumulative impacts, of land use and development on Victoria's biodiversity.

• Considers impacts of any change in land-use or development that may affect the biodiversity value of adjoining national parks and conservation reserves or nationally and internationally significant sites including wetlands and wetland wildlife habitat designated under the Convention on Wetlands of international Importance (the Ramsar Convention), and sites utilised by species designated under the Japan-Australia Migratory Birds Agreement (JAMBA) or the China-Australia Migratory Birds Agreement (CAMBA).

• Assists in the protection and management of sites containing high value biodiversity.



• Assists in the re-establishment of links between isolated habitat remnants that contain high value biodiversity.

14 NATURAL RESOURCE MANAGEMENT

14.01 -1 Protection of agricultural land Objective

To protect productive farmland which is of strategic significance in the local or regional context.

Strategies

Ensure that the State's agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use.

In considering a proposal to subdivide or develop agricultural land, the following factors must be considered:

• The desirability and impacts o f removing the land from primary production, given its agricultural productivity.

• The impacts o f the proposed subdivision or development on the continuation of primary production on adjacent land, with particular regard to land values and to the viability of infrastructure fo r such production.

• The compatibility between the proposed or likely development and the existing uses of the surrounding land.

• Assessment o f the land capability.

Subdivision of productive agricultural land should not detract from the long-term productive capacity of the land.

14.01-2 Sustainable agricultural land use Objective

To encourage sustainable agricultural land use.

Strategies

Ensure agricultural and productive rural land use activities are managed to maintain the long-term sustainable use and management of existing natural resources. Encourage sustainable agricultural and associated rural land use and support and assist the development of innovative approaches to sustainable practices. Support effective agricultural production and processing infrastructure, rural industry and farm- related retailing and assist genuine farming enterprises to adjust flexibly to market changes.



4.2 LOCAL PLANNING POLICY FRAMEWORK

4.2.1 The Municipal Strategic Statement (MSS)

The following clauses of the Municipal Strategic Statement are relevant to this proposal.

Clause 21.02 depicts the Municipal Profile and the following are considered relevant to the proposal.

21.02 MUNICIPAL PROFILE

21.02-4 Environment

The Shire's natural beauty attracts residents and tourists from around the world. South Gippsland is home to a diverse range of indigenous plants and animals. The Strzelecki Ranges contains warm temperate rainforest; the hills and plains are the home o f the unique Giant Gippsland Earthworm; areas such as Corner Inlet support a wealth of marine, estuarine and freshwater plants and animals; and there are a large number of parks and reserves containing flora and fauna of State and national significance. The Shire contains areas o f State, national and international natural significance, such as Wilson's Promontory National Park, Cape Liptrap Coastal Park, the Strzelecki Ranges, and Corner Inlet and Nooramunga Marine parks.

The Shire is characterised by a diverse topography of ranges, plains, low lying land and coastal areas. This has created some of Victoria's most picturesque landscapes ranging from the natural ruggedness and beauty of the coastline and beaches (including Wilson's Promontory, Cape Liptrap, Andersons Inlet, Waratah Bay and Corner Inlet), to the rolling hills o f the agricultural districts and the tall tree forests of the Strzelecki Ranges.

A number of environmental challenges face the municipality, including:

The loss of biodiversity (native flora and fauna)

Land and water degradation

Ensuring sustainable land use and development occurs

Managing the environmental impacts resulting from climate change

21.02-5 Natural resource management

The South Gippsland Shire's natural resources are essential fo r biodiversity, agriculture, industry and recreation. The Shire contains some of the most productive agricultural areas in Victoria and provides

a substantial proportion of Victoria's milk and milk products as well as beef, prime lamb and timber products. Other forms of agricultural production include vegetables (for example, potatoes and snow peas), cereal cropping and grape growing. The relatively abundant rainfall and high quality agricultural soils of the area will likely continue to make the Shire attractive to agricultural producers.

21.02-7 Economic development

Agricultural and associated manufacturing and service industry underpin the Shire's economy. The agricultural industry is supported by large dairy processing plants at Leon gatha and Korumburra, with some value adding such as cheese production occurring on farms. Major sale yards are located at



Koonwarra and abattoirs are at Foster and Poowong. Boutique farming is a small but emerging sector with activities such as alpaca rearing, olives, native bush food and organic food production have been introduced into the municipality in recent years.

Clause 21.03 identifies the Key Issues facing the Municipality and those considered relevant to the proposal are;

21.03-1 Settlement

• The need to recognise that the network o f smaller rural towns throughout the Shire provide a valid alternative to the large settlements, particularly where reticulated services are provided

• The need to demarcate settlement boundaries and provide improved design guidance and control over development in coastal settlements, in order to protect settlement and coastal character as the pressure fo r development in these areas continues to increase

• The need to plan f o r housing and facilities to cater fo r anticipated population growth in the north-west o f the Shire

21.03-2 Environmental and landscape values

• The need to conserve the region's biological diversity

• The poor integration of public and private land management to provide a diversity of flora and wildlife refuge areas

• The need to closely regulate industry and farming practices to ensure environmental standards are maintained

21.03-4 Natural resource management

• The need to protect and promote the importance o f a strong agricultural base to the Shire's economy

• The need to preserve rural land fo r commercial scale agricultural production • The diversification and restructuring of the agricultural industry through the development of

more intensive farming, value-adding opportunities and the decline of traditional forms of agricultural employment

21.03-6 Housing

• The need to raise the awareness of people who choose to live in rural areas that they must expect rural land uses and infrastructure levels as well as a rural amenity and lifestyle, while supporting living opportunities in rural areas throughout the Shire

• The need to provide diversity in housing

Clause 21.04 identifies the Vision for development, land use and other elements within the South Gippsland Shire, again those considered relevant to the current proposal are;

21.04-2 Vision

The visions fo r South Gippslcind are:



Settlement

• Availability of high quality and diverse lifestyle opportunities • The environment, landscape, built form and heritage of the Shire

The MSS then goes onto include Objectives and Strategies to achieve the desired outcomes or address issues identified previously The following are considered relevant to the current proposal,- roposal;

21.06 21.06 ENVIRONMENTAL AND LANDSCAPE VALUES

21.06-2 Coastal and hinterland landscapes

Overview

The Coastal Spaces Landscape Assessment Study (2006) identifies six perceptibly different Character Areas. These are shown on the Landscape Character Areas map and described in detail in clause 21.15. Further detail, including Landscape Management Guidelines, is found in the Coastal Spaces Landscape Assessment Study: South Gippsland Municipal Reference Document (2006).

The Landscape Character Areas Map has been derived from the Coastal Spaces Landscape Assessment Study (2006). Additional to the direction outlined above, specific coastal landscapes within the Shire have been determined to have either State or regional significance.

These are the landscapes of Venus Bay Peninsula and Anderson Inlet, Cape Liptrap and Waratah Bay, and Corner Inlet Amphitheatre. The Significant Landscape Overlay has been applied these areas to protect the landscape values by requiring a planning permit for specified development and stipulating objectives to be achieved.

The general objectives and strategies of this clause, and the specific objectives and strategies for the Character Areas should be considered when assessing planning permit applications fo r development in these areas. The design objectives and decision guidelines of the relevant Significant Overlay schedule should be met when assessing planning permit applications in areas affected by the Overlay.

Objectives and strategies

Objective 3 To ensure that hinterland development between settlements responds appropriately to the landscape setting and character

Strategy 3.1 Ensure building design strongly responds to the natural setting in relation to siting, materials and colours to minimise visibility, particularly in prominent and highly visible locations and when viewed from main road corridors and key public use areas

Strategy 3.2 In open rural areas, ensure buildings are set back long distances from roads and/or group buildings in the landscape among substantial landscaping of indigenous or non-invasive exotic/ native feature planting (including existing shelterbelts)

Strategy 3.3 Maximise the undeveloped area of a lot and utilise permeable surfacing to support vegetation and minimise surface run-off

BVERIDGE WILLIAMS & Co PAGE 8


Strategy 3.4 Retain trees that form part o f a continuous canopy beyond the property, and encourage new trees to be planted in a position where they will add to a continuous canopy

Objective 4 To maintain locally significant views and vistas that contribute to the character of the coastal and coastal hinterland region

Strategy 4.1 Protect views o f M t Hoddle, the Welshpool Hills and the Corner inlet Amphitheatre and other hinterland areas by avoiding development in these areas that is visually intrusive, particularly when viewed from the South Gippsland Highway, as well as from other key touring routes, lookouts and residences

21.08-1 Agriculture

Overview

Agriculture and associated agricultural manufacturing has always been the major industry within the Shire, Considerable opportunities exist to add value to primary produce and to diversify the base income of the rural sector and improve employment opportunities. The region's competitive strengths of rich agricultural soils, high rainfall and close proximity to Melbourne should be promoted to attract new industries complementary to the region's lifestyle.


Objective I To maintain a viable and sustainable agricultural industry as the corner stone to the Shire's economy and its future wellbeing

Strategy 1.1 Protect high quality agricultural land fo r primary production

Strategy 1.2 Strongly discourage rural residential land use on lots over 4.1 hectares in agricultural areas

Strategy 1.3 Strongly discourage the development of houses in old Crown township areas except where such lots form part o f a sustainable farm or are adjacent to existing urban/serviced areas or have been approved fo r re-structure

Strategy 1.4 Limit the impact of house lot excisions by strongly encouraging:

minimum lot size of 0.4 hectares and a maximum lot size of 2 hectares fo r a house lot

. residual lot to generally be a minimum of 40 hectares

21.10-1 Housing choice and diversity

Overview

The Shire contains a diverse range o f housing types that contribute to the lifestyle opportunities and attractiveness of the region as a place to work, live and visit. For the long-term sustainability of the region, i t is important that adequate opportunities are provided to accommodate the changing lifestyles and housing needs of the existing and future population. Currently, there is a lack of



innovative and creative medium density housing development within the Shire and opportunities exist to encourage this type of development in appropriate locations.


Objective 1 To provide diversity in housing types across the Shire to meet the changing needs of the population

Strategy 1.1 Encourage diversity in dwelling type and size to provide greater choice and affordability

4.2.2 Local Planning Policy

In March 2012 Amendment C63 to the South Gippsland Planning Scheme introduced a new policy for Rural Dwellings the purpose of which is to guide future dwelling development within the farming zone. Following a recent review of the MSS in 2013 the policy has been renumbered to 22.05.

The policy was introduced into the planning scheme following the completion of the Rural Land Use Strategy (RLUS) for the Shire. One of the key outcomes of the RLU5 was to clarify the circumstances under which dwellings, on small lots in the Farming Zone might be considered appropriate.

The basic tenet behind the current policy is that lots less than 4.1ha are considered suitable for rural living without detriment to the larger agricultural land resource throughout the municipality. Dwellings on lots between 4.1ha and 40ha must be genuinely in support of agricultural enterprises or on land where there is significant remnant vegetation which would impact on its capacity for farming.

The policy seeks to achieve the following objectives:

• To discourage the proliferation of dwellings not associated with agriculture on lots over 4.1ha.

• To discourage the proliferation of dwellings on lots over 4.1 ha where the agricultural use of the land does not require the presence of a land manager.

• To ensure that the development of dwellings on rural land does not prejudice existing agricultural activities on surrounding land.

• To ensure that agricultural land is maintained fo r the cost-effective production of food and raw materials.

• To retain the open farmed landscape as the defining visual characteristic o f the Shire. • To ensure the cost-effective servicing of towns and communities across the Shire by avoiding the

impacts of a dispersed population base.

• To provide a consistent basis fo r considering planning permit applications fo r the use and development of dwellings in rural areas.

The clause then goes onto state:

It is policy that:

• The grant o f a permit for a dwelling in the Farming Zone is strongly discouraged unless any of the following apply:

• The dwelling is proposed fo r rural-residential purposes on a lot less than 4.1ha. • The dwelling is proposed in association with agriculture on a lot greater than 4.1ha in area.



• The dwelling is proposed on a lot that is predominantly occupied by remnant Native Vegetation (remnant vegetation or regrowth over 15 years old and at least 50% cover).

4.3 ZONING AND OVERLAYS

The subject land is included in the Farming Zone and is included in Significant Landscape Overlay Schedule 3 (Corner Inlet Amphitheatre) and Environmental Significance Overlay Schedule 5 (areas Susceptible to Erosion) under the South Gippsland Planning Scheme. A Planning Property Report is contained in Attachment D.

The purpose of the Farming Zone is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To provide fo r the use of land fo r agriculture.

To encourage the retention of productive agricultural land.

To ensure that non-agricultural uses, including dwellings, do not adversely affect the use o f land for agriculture.

To encourage the retention of employment and population to support rural communities.

To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

In accordance with Clause 35.07-1 Section 2 of the Farming Zone, a permit is required for the development and use of a dwelling on land less than 40ha in area.

Clause 35.07-5 states:

An application to use a lot fo r a dwelling must be accompanied by a written statement which explains how the proposed dwelling responds to the decision guidelines fo r dwellings in the zone.

The purpose of the Environmental Significance Overlay is:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To identify areas where the development of land may be affected by environmental constraints.

• To ensure that development is compatible with identified environmental values.

Schedule 5 to the Environmental Significance Overlay contains the following Statement of Environmental Significance for Areas Susceptible to Erosion:

"Erosion is recognised as a land management concern with diverse causes that may affect any property. Therefore it is important to encourage best practices fo r farming, building and associated land disturbances and to increase awareness of the issues that may exacerbate the process such as earthworks, control of water run-off and removal of vegetation.



"The Department of Natural Resources and Environment has mapped certain areas in the Shire as susceptible to erosion. There are other areas within the Shire which have been specifically identified as prone to land slips. Whereas this overlay is applied to the areas susceptible to erosion as identified by the Department of Natural Resources and Environment, the Erosion Management Overlay is applied to the areas specifically identified as prone to land slips."

(Clause 42.01, Schedule 5, Point 1.0)

In accordance with Clause 42,01-2 of the Overlay, a permit is required to construct a dwelling in excess of 200m2.

Schedule 3 to the Significant Landscape Overlay identifies the following Statement of nature and key elements of landscape

1.0 Statement o f nature and key elements of landscape

Mount Hoddle and the Welsh pool Hills are prominent landforms that provide an amphitheatre setting fo r Corner Inlet and Wilsons Promontory, with the entire landscape unit being of regional significance. The area is also o f high environmental significance. It is identified by the RAMSAR Convention as a bird habitat of international importance, and is listed on the Register of the National Estate fo r its plant life, which is of bio-geographic significance. Aboriginal middens are plentiful along the shores of Corner Inlet, adding cultural heritage to the landscape's layers of significance.

The Schedule also contains the following criteria for obtaining planning permits;

A permit is not required for:

• A building or extension to an existing building where all of the following are met: • The building is single storey and no more than 7.5 metres in height above natural

ground level; and,

• Has a total area o f less than 250 square metres; and • is constructed in muted, non reflective tones.

In this circumstance a planning permit is required as the dwelling will exceed 250m2.

5. PLANNING CONSIDERATIONS

5.1 THE PURPOSES OF THE FARMING ZONE

The key purpose of the Farming Zone is to provide for and protect land for agricultural production and support applications which are related to, or necessary, in support of that agricultural production.

Of significant note in the current circumstances are the following points;

To provide for the use of land for agriculture.

To encourage the retention of productive agricultural land.

To encourage the retention of employment and population to support rural communities.



To encourage use and development o f land based on comprehensive and sustainable land management practices and infrastructure provision.

Overall the proposal will see the existing fragmented land resource consolidated from four lots into a single parcel of approximately 21.22ha. The proposal would also the rural living potential possible under Clause 22.05 reduced from three to a single rural lifestyle lot.

At 21ha the subject land is of size suited to a small scale rural enterprise.

The proposal would also help (To) encourage the retention of employment and population to support rural communities by creating a rural lifestyle opportunity close to the town centre.

5.2 HOW THE DWELLING RESPONDS TO THE DECISION GUIDELINES OF THE FARMING ZONE

5.2.1 General Issues

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. (See 5.3 for analysis of Clause 22.09)

Both the State and Local Planning Policy Frameworks contain objectives and strategies to ensure the protection of agricultural land from permanent changes of land use that will result in the removal of the land from productive purposes.

Having regard to the State Planning Policy Framework and particularly the issues to be considered when assessing an application to develop or subdivide rural land the following comments are offered:

o The desirability and impacts of removing the land from primary production, given its agricultural quality and productivity.

There would be minimal impacts from removing the land around the dwelling from primary production. Only a relatively small area would be lost to agricultural production through the area to be developed for the dwelling and ancillary buildings and works.

The proposal in fact consolidates the land into a more useable rural parcel and reduces the rural living potential of the land.

o The impacts of the proposed subdivision or development on the continuation of primary production on adjacent land, with particular regard to land values and to the viability of infrastructure fo r such production.

The proposed dwelling would not detrimentally impact on the continuation of primary production on adjacent or nearby land.

The proposal in fact reduces the rural living opportunities currently available on the land.



o The compatibility between the proposed or likely development and the existing uses o f the surrounding land.

The proposed dwelling would be compatible with adjoining and nearby properties which are developed at a similar scale.

o Assessment of the land capability.

As discussed previously the proposal is responsive the land capability of the subject land. The terrain of the land affects its overall usability for agriculture.

The land is presently lightly stocked primarily as a land management tool and this would likely continue following the development of the dwelling.

The opportunity to reside on the land will provide the owner with the opportunity to better the land and maximise overall production.

Any Catchment and Land Protection Strategy and policies applying to the land

No alteration to the site, by way of substantial earthworks or vegetation removal is proposed as a result of the proposed dwelling.

The proposed dwelling would not have a detrimental impact on local water catchments or waterways.

The proposed dwelling will not detrimentally affect the quantity, quality or velocity of water entering the local catchment system.

Waste water will be treated and retained onsite in accordance with Council requirements. Setbacks from waterways can be easily achieved.

The capability of the land to accommodate the proposed use or development, including the disposal of effluent.

The subject land could easily accommodate the proposed dwelling and subsequent outbuildings and works.

There is ample area on the land for the treatment and disposal of effluent.

How the use or development relates to sustainable land management

The proposed dwelling would facilitate to ongoing management of the land.

The proposal does not detrimentally affect the management of any natural resources.

Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land.

The subject land is considered to be suitable for the use and development of a dwelling.

The proposal would be consistent with the rural and rural living presence in the local area.

BEvERIDGE WILLIAMS & Co PAGE 14


5.2.2 Agriculture issues

Whether the use or development will support and enhance agricultural production

The proposed dwelling would support agricultural production on the land.

There is sufficient anecdotal evidence to suggest that rural properties with an onsite residence are better managed and maintained than those with off site management.

As indicated previously the nature agriculture on the land is limited by the terrain with grazing being the most suited enterprise.

Overall the proposal sees a reduction in the rural living opportunities afforded the subject land under the existing title structure and local planning policy.

Whether the use or development will permanently remove land from agricultural production.

The proposed dwelling will not result in the permanent loss of significant land from agricultural production.

The proposal will in fact see a portion of the rural land resource consolidated and the overall rural living potential of the land substantially reduced.

At present there is approximately 4.8ha of land could be lost to agriculture through rural living opportunities present under the current title structure.

The potential for the use or development to limit the operation and expansion of adjoining and nearby agricultural uses.

The proposed dwelling will in no way detrimentally affect the existing operation or expansion of nearby agricultural enterprises.

Overall the subject land would have little appeal or practical benefit to a sustainable/viable agricultural enterprise wishing to expand.

The capacity of the site to sustain the agricultural use.

As indicated previously the capacity of the site to sustain agriculture is quite limited due to the terrain of the site.

The land is presently lightly stocked primarily as a land management tool and this would likely continue following the development of the dwelling. Stocking rates could also improve and be better managed with the presence of an onsite manager.

The agricultural qualities of the land, such as soil quality, access to water and access to rural infrastructure

As discussed previously the subject land in a local context at least is not considered to be a strategically important part of the rural land resource.



Any integrated land management plan prepared for the site

No such plan exists for the subject land at this time.

5.2.3 Dwelling issues

Whether the dwelling will result in the loss or fragmentation of productive agricultural land.

The proposed dwelling would not result in the additional loss or fragmentation of significant agricultural land in the circumstances.

By virtue of the existing subdivision and subsequent development pattern the broader area is already considered fragmented from productive farming. This does not mean however that agricultural production need cease on the land completely.

The proposal would however see the land resource consolidated and ensure that some 4.8ha of land is not lost to agriculture by conversion to rural living.

Whether the dwelling is reasonably required for the operation of the agricultural activity conducted on the land.

There is little argument that the dwelling would be required solely for agricultural purposes. This however is only one of a number of issues to be considered by Council.

It is considered that the proposal would in fact reduce the land potentially lost to rural living in the circumstances.

Overall the presence of an onsite land manager is still likely to result in a better maintained property, better animal welfare practices and fire protection.

Whether the dwelling will be adversely affected by agricultural activities on adjacent and nearby land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of operation.

Adjoining land is utilized for small scale low intensity agricultural activities. As such these would be unlikely to impact significantly on the amenity of the proposed dwelling.

The dwelling itself is suitably located where it would be well buffered to activities on adjoining properties.

Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby agricultural uses.

See previous comments.

The subject land would simply not appeal to any nearby substantial agricultural enterprise.



The potential for the proposal to lead to a concentration or proliferation of dwellings in the area and the impact of this on the use of the land for agriculture.

The use of the subject land for a dwelling would not lead to a concentration or proliferation of dwellings in the area to the particular detriment of broadscale agriculture.

The proposal would in fact reduce the possibility of this happening through the consolidation of the land into a single title and the extinguishment of the existing rural living potential afforded to the land.

The subject land represents one of the few remaining undeveloped lots through the local area.

5.2.3 Environmental issues

The impact of the proposal on the natural physical features and resources of the area, in particular soil and water quality

Overall the proposal will not have a negative impact on the natural physical features of the land, similarly it will not detrimentally impact on the quality of, or access to existing natural resources.

In particular there are no adverse affects on soil and water quality anticipated as a result of the proposed dwelling.

The impact of the use or development on the flora and fauna on the site and its surrounds

The development of the dwelling will not require the removal of any vegetation nor will it have a detrimental impact on the flora and fauna values of the area.

The need to protect and enhance of the biodiversity of the area, including retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridge lines, property boundaries, discharge and recharge areas

There is no significant vegetation on the land.

The location of onsite effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation

There is sufficient area in which to dispose of waste water effluent onsite without detriment to water ways.

Waste water treatment and disposal will be in accordance with a subsequent permit issued by Council.

5.2.4 Design and siting issues

The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural uses and to minimise the loss of productive agricultural land.

The dwelling is proposed in such a location.



The impact of the siting, design, height, bulk, colours and materials to be used, on the natural environment, major roads, vistas and water features and the measures to be undertaken to minimise any adverse impacts.

The proposed dwelling is single storey and to be built along the existing contour.

Only minimal site cut is needed in the circumstances with a maximum fill depth under the eastern portion of the slab being approximately 500mm.

The proposed materials of construction an external colours would be appropriate for the location and whilst the dwelling would be visible its visual impact would be acceptable in the circumstances.

The impact on the character and appearance o f the area or features o f architectural, historic or scientific significance or of natural scenic beauty or importance.

There are no features of these type within the immediate area.

Downings Hill Road is not a major tourist route in the area.

The wind turbines behind the subject land are the dominant landscape feature in the area.

The location and profile of the proposed dwelling ensure that it is subservient to the landscape and would not become a dominant feature in the circumstances.

The location and design of existing and proposed infrastructure including roads, gas, water, drainage, telecommunications and sewerage facilities.

No additional roads will be required.

The proposed will not generate sufficient additional traffic that would warrant upgrading of the existing road networks or the implementation of specific traffic management programs.

Reticulated electricity is available in the local area and reasonably able to be extended to the subject land.

Whether the use and development will require traffic management measures.

At this stage a new access point is proposed to Downings Hill Road. Any such entry would be built in accordance with the standards and conditions of Council.

5.2.5 DECISION GUIDELINES OF CLAUSE 65.02

The following decision guidelines of Clause 65.02 are considered to be relevant to the proposal.

The orderly planning o f the area.

The approval of a dwelling on the subject land is considered to be orderly planning in the circumstances.



The overall proposal would represent the highest and best use of the land having regard to the limited agricultural capacity of the land and the structure of Council's rural and economic development policies.

The proposal would see an overall reduction of the rural living potential possible under the provisions of Clause 22.05.

The effect on the amenity of the area.

There are no detrimental impacts on the amenity of the local area likely.

The proposal would be consistent with the rural living and rural lifestyle character established in the area.

The proximity of the land to any public land.

The use and development of the land for a dwelling would not have a detrimental impact on any nearby public land.

Factors likely to cause or contribute to land degradation, salinity or reduce water quality.

The construction of a dwelling on the subject land is unlikely to contribute to land degradation, salinity or a reduction of water quality.

The degree o f flood, erosion or fire hazard associated with the location o f the land and the use, development or management of the land so as to minimise any such hazard.

The proposed dwelling would not be at significant risk from the hazards identified above.

Any risk associated with bushfire can be adequately addressed. The dwelling is sited within a cleared area and is not within a BMO/WMO area. As such the BAL will be determined by the building permit process and would likely be quite low in the circumstances.

Good property maintenance would ensure that adequate defendable spaces can be retained in accordance with current standards.

Proper management techniques can effectively reduce the risks of erosion to almost nil.

5.3 HOW THE DWELLING RESPONDS TO CLAUSE 22.05

The planning Scheme now requires that all applications for dwellings be assessed against the relevant criteria of Clause 22.05.

The following is an assessment against what are considered to be the relevant provisions of the policy as the proposal is for a dwelling on a lot between 4.1ha and 40.Oha.



The grant of a permit for a dwelling in the Farming Zone is strongly discouraged unless any of the following apply:

• The dwelling is proposed for rural-residential purposes on a lot less than 4.1ha. • The dwelling is proposed in association with agriculture on a lot greater than 4.1ha in

area. • The dwelling is proposed on a lot that is predominantly occupied by remnant Native

Vegetation (remnant vegetation or regrowth over 15 years old and at least 50% cover).

As discussed previously the current policy and existing title structure would potentially allow for upto three rural living opportunities for the subject land (three existing lots less than 4.1ha in area).

As such the proposal will see this opportunities "consolidated" into a single rural lifestyle parcel.

This will enable the applicant to utilise the most appropriate physical location for the dwelling as well as being able to take advantage of the high quality amenity available from the subject site.

Whilst not necessarily producing an ideal outcome the proposal does present an acceptable one in the circumstances having regard to the existing title structure and development potential of the land.

Overall the proposal will promote a positive outcome for agriculture and one that would be consistent with the overall intent of the policy.

5.4 THE DECISION GUIDELINES OF THE ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 5 (AREAS SUSCEPTIBLE TO EROSION)

However having regard to the intent of the overlay and the decision guidelines of the ESO schedule the proposal would be entirely consistent whereby the following comments are offered.

The dwelling is sited on a local hill top where slopes would not exceed 5%. It is proposed that the house site be "leveled" to 101.Om AHD which would involve removing soil (site scrape) to a maximum depth of approximately 200mm. Upto 500mm of fill is then required under the eastern portion of the slab. A simple batter and vegetation/grass would be used to stabilize the excavated and filled areas.

Any remedial works can be achieved through basic site compaction methods and significant engineering works such as large retaining walls are not considered necessary.

Having regard to the decision guidelines of the ESO schedule S the following comments are offered.



The purpose of the overlay.

The proposed development of a dwelling on the subject land will not impact on the environmental significance identified in the overlay Le erosion. The overlay is broadly applied across the Shire however the proposed house site is unaffected by either serious erosion or land slip.

The house is to be sited on the flattest portion of the land with the express purpose of minimizing earthworks for the construction of the house therefore complying with the objectives of the overlay.

The following publications: • Environment Guidelines for Major Construction Sites, Environment Protection

Authority, February 1996. • Construction Techniques for Sediment Pollution Control, Environment Protection

Authority, May 1991 • Control of Erosion on Construction sites, Soil Conservation Authority. • Your Dam, on Asset or a Liability, Department of Conservation and Natural

Resources.

The appropriate techniques identified in the above reports will be utilised during the construction of the dwelling and preceding site preparation.

Any proposed measures to minimise the extent of soil disturbance and runoff.

The site has been selected to minimize the amount of earth works necessary for the construction of the dwelling.

As stated previously a maximum of 200mm of site excavation is proposed so as to create the appropriate house platform.

The need to stabilise disturbed areas by engineering works or vegetation.

Due to the simple nature of the excavation and subsequent fill a simple batter with appropriate vegetation/grass is all that is necessary to stabilize the filled area.

It is anticipated that any surplus excavated material would be removed from the site.

The access track will be constructed according to best engineering practice so as to reduce any potential for erosion. The driveway can be built across the top of the ridge avoiding steep sections of driveway. The slope of the proposed driveway would be approximately 10% at the steepest point.

Whether the land is capable of providing a building envelope, which is not subject to high or severe erosion problem.

The site chosen is not considered to be subject to either a high or severe erosion problem. As stated previously grades for the house site are estimated at less than 5% which is not considered to be high risk in the circumstances.



Having regard to the intent of the overlay the site chosen for the dwelling represents the best choice available.

Whether the proposed buildings or works are likely to cause erosion or landslip.

The dwelling and associated works are not considered likely to cause either erosion or landslip.

Whether the proposed access and servicing of the site or the building envelope is likely to result in erosion or landslip.

The site of the dwelling has also been chosen because of the ease of access. The slope of land for the proposed access track is estimated to be less than l v to lOh at the steepest point. The driveway is to be built across the top of the contour where possible.

Such works would be within the confines of "normal" engineering practices and no complex stabilization works are considered necessary.

Any Land Capability Report Guidelines prepared by the Department of Natural Resources and Environment, Centre for Land Protection Resource.

Due to the minimal extent of earthworks required this is not considered to be appropriate.

The views of the Department of Natural Resources and Environment in respect to: • Subdivision applications of greater than four lots or any subdivision application which

may have adverse environmental effects. • Applications which immediately abut Crown Land. • Applications, which in the opinion of the responsible authority may cause or otherwise

cause erosion, land degradation or affect land stability on either the subject land or on adjoining land.

The proposed development of the dwelling is not likely to cause erosion on the subject land or adjoining land. As the land does not abut a Crown Reserve referral to DSE should not be necessary.

5.5 HOW THE DWELLING RESPONDS TO SLO SCHEDULE 3

Whether buildings are sited and designed to maximise retention of existing vegetation throughout the landscape, and whether the proposal provides for the planting of new indigenous coastal vegetation wherever possible.

No vegetation will be required to be removed to facilitate the proposed development.

There is an opportunity to provide some additional, but limited, screen plantings (using indigenous vegetation) around the development, particularly to the north.

Whether landscaping around buildings uses indigenous species (e.g. Eucalyptus or Melaleuca spp.) or non-invasive exotic I native feature planting that is already a feature of the character (e.g. existing shelterbelts).

The proposed buildings are sited to take advantage of the existing cleared areas of land.

BEvERIDGE WILLIAMS & Co PAGE 22


There are no significant plantations in the vicinity of the proposed dwellings site.

In landscapes visible within 500 metres o f Foster - Wilsons Promontory Road, whether the proposed development is sited to retain the open rural character and views to coastal landscape features.

Not applicable the development is not in the vicinity of the Foster Promontory Road.

Whether ridgetops and visually prominent hill faces are largely kept free from development, particularly slopes visible from the coast and coastal hinterland such as between Mount Hoddle and Yarram

The buildings are to be developed at the foothills of the Strzelecki Ranges well below any existing major hilltops or major ridgelines.

The terrain behind the subject land rises quite steeply.

Also the existing wind turbines behind the subject land tend to dominate the visual landscape of the area.

The dwelling would be obvious from a number of vantage points but would not dominate the local landscape.

Along the South Gippsland Highway, ,vhether buildings are sufficiently set back to avoid intrusion into views to Corner Inlet, Wilsons Promontory and the Welshpool Hills.

The proposed dwelling is set back approximately 550m from the South Gippsland Highway.

The terrain of the land screens the proposed dwelling from time to time. The dwelling is single storey and a maximum of 5.78m from NGL at the highest point. Minimal earthworks are also required and would therefore ensure the visual impact of the dwelling is acceptable and not a dominate feature of the landscape.

Whether the proposed development is kept below the dominant tree canopy height.

Not applicable there is minimal vegetation in the area.

The sparse location of buildings and structures outside of settlements, to avoid the loss of existing vegetation.

The proposed buildings are typical of the development found in rural areas. The site chosen offers significant advantages to the applicant including;

• A relatively level building site reducing earth works. • No vegetation removal • Close access to existing road network • Access to power from the local network



Whether the proposed development reduces visual intrusion by utilising low scale building forms, tucked into the landscape, with the use o f materials and colours that occur in the local area.

The development would have limited visual intrusion in the circumstances. The dwelling is single storey and situated atop an existing small hilltop.

In coastal locations, whether the proposed development utilises materials and colours that minimise contrast with the surrounding landscape and whether the visibility o f buildings and structures is minimised when viewed from a distance, including from offshore.

The subject land is some 3.20km inland and north of the South Gippsland Highway. As such it would not be considered a coastal location or within a major coastal view shed.

Notwithstanding the above the chosen colours would blend with the surrounding landscape.

In f latter locations (e.g. adjoining Shallow Inlet) whether the proposed development is substantially set back to minimise visual intrusion and to retain a dominant natural character within 500 metres o f the edge o f the coast.

Not applicable.

In steep or hilly locations, whether the proposed development is designed to follow the contours or step down the site, to minimise need f o r earthworks on the site and whether buildings are articulated into separate elements to avoid visually dominant elevations.

Overall the site chosen is relatively flat in comparison to the majority of the land.

The dwelling is to be built on a slab footing with only minimal earthworks necessary to create the level building platform.

A maximum of 200 mm of excavation is required and approximately 500m (max) of fill is required under the eastern end of the slab.

The roof utilises a relatively gentle pitch and some articulation to ensure it does not dominate the dwelling or landscape.

Whether the proposal includes the use o f permeable surfacing f o r all unbuilt areas to minimise surface run-off and to support vegetation.

Car parking and driveways associate with the buildings are proposed to have a gravel surface to improve permeability and to match the existing main driveway. All other areas will be retained primarily as pasture in the immediate term.

Whether the proposal includes the use o f vegetation f o r screening and to delineate property boundaries, instead o f fencing. I f fencing is necessary, the proposal should include open style fencing o f a type traditionally used in rural areas i.e. post and wire.

Some minor change to internal fencing may be necessary to exclude stock from the dwelling area.



This would utilise traditional rural fencing materials.

Excessive screening would effectively enclose the development reducing the ambience and overall "open" feel currently available from the site and proposed as part of the attraction of the site.

It is not considered necessary to hide the dwelling away but rather to ensure that its' overall appearance is subservient to the landscape rather than dominate it.

Whether the proposal contributes to the retention of the character of large open rural areas offering scenic views by siting developments back from roads, amongst vegetation and low in the topography.

The proposed dwelling is set back approximately lOOm from Downings Hill Road which is not a major tourist route or regional connector road. The proposal would certainly conform with the criteria above.

Similarly views from the broader local road network to the subject land are limited by the terrain, the winding nature of the road alignments and existing vegetation.

The existing wind turbines in the area tend to dominate the local landscape and the proposed dwelling would be subservient to these landscape elements.

6. CONCLUSION

This report demonstrates that the proposal is consistent with the provisions of the South Gippsland Planning Scheme including the state and local planning policy framework. It is also considered to be consistent with the purposes of the Farming Zone and the intent of the Rural Dwellings Policy incorporated into the Scheme.

The proposal will in fact limit the rural living opportunities possible on the subject land and help secure agriculture as a long term use on the land.

Importantly the proposal will not detrimentally impact on agricultural uses and activities on nearby farm properties or the area generally.

There are no significant physical or environmental constraints to the use of the land for a dwelling on the site chosen.

It is considered that the proposal has planning merit and is consistent with key aspects of Rural Land Use Strategy, Council's preeminent rural planning document and we therefore request that South Gippsland Shire Council issue a planning permit to use and develop the land for a dwelling generally in accordance with the plans submitted.

BEVERIDGE WILLIAMS & Co PTV LTD

CHISHOLM Senior Town Planner March 2016


ref: 1600252 - south gippsland shire · 2016-06-15 · ref: 1600252 proposed dwelling - downings...

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