Baw Baw Planning Scheme Amendment C108

Planning and Environment Act 1987

BAW BAW PLANNING SCHEME

AMENDMENT C108

EXPLANATORY REPORT

Who is the planning authority? The Minister for Planning is the planning authority for this amendment. The amendment has been made at the request of Baw Baw Shire Council.

Land affected by the amendment

The amendment applies to land included in the Drouin and Warragul Precinct Structure Plans (PSPs) as shown in Maps 1 and 2 below. The PSP area covers approximately 2,300 hectares of land. The amendment also makes changes to land directly adjoining the PSP areas. What the amendment does

The amendment will:

 Incorporate new documents into the planning scheme by listing in the Schedule to Clause 81.01:

o Drouin Precinct Structure Plan, September 2014 o Small Lot Housing Code, June 2013 o Warragul Precinct Structure Plan, September 2014

 Require public open space contributions in the Drouin and Warragul PSPs areas when land is subdivided by amending the Schedule to Clause 52.01;  Reference the Public Open Space Strategy, Baw Baw Shire Council 2014 in the Local Planning Policy Framework (clause 21.05);

 Introduce the Urban Growth Zone (clause 37.07) to the Baw Baw Planning Scheme;

 Update the Table of Contents to include the Urban Growth Zone to the Planning Scheme;

 Update Clause 61.03 with map deletions;

 Amend the schedule to the Commercial 1 Zone (Clause 34.01) to require: o A permit for a shop if the combined leasable floor area exceeds 5,000m2 for a neighbourhood centre in the incorporated Warragul Precinct Structure Plan

oA permit for a shop if the combined leasable floor area exceeds 1,500m2 for a village convenience centre in the incorporated Warragul Precinct Structure Plan

oA permit for a shop if the combined leasable floor area exceeds 2,000m2 for a neighbourhood centre in the incorporated Drouin Precinct Structure Plan

oA permit for a shop if the combined leasable floor area exceeds 1,500m2 for a village convenience centre in the incorporated Drouin Precinct Structure Plan

Specifically the amendment makes a number of changes to implement the PSPs:

Warragul PSP

 Introduce and apply Schedule 1 to the Urban Growth Zone (UGZ1) to land in the Warragul PSP area. This zone sets out the land use and development controls for the precinct. The zone requires land use and development to be generally in accordance with the incorporated Warragul PSP;

Drouin PSP

 Introduce and apply Schedule 2 to the Urban Growth Zone (UGZ2) to land in the Drouin PSP area. This zone sets out the land use and development controls for the precinct. The zone requires land use and development to be generally in accordance with the incorporated Drouin Structure Plan;

Other changes in Warragul:

 Rezone the following land from Farming Zone to the Low Density Residential Zone:

 Rezone the following land from Farming Zone to the General Residential Zone in:

o 65 Korumburra Warragul Road 8952 F346 | LOT 1 LP 95387 | o 69 Korumburra Warragul Road V8952 F345 | LOT 1 LP 95386 |

 Delete the Development Plan Overlay 7 (DPO7) from the following land:

o V 11377 F 352 Lot B PS 647689 o V 10989 F 542 Lot 2 PS 604316 o V 10989 F 541 Lot 1 PS 604316 o V09560 F805 Lot 1 LP 61685

 Delete the Heritage Overlay (HO70, HO71 & HO74) from the following land:

Other changes in Drouin:

 Delete the Development Plan Overlay 3 (DPO3) from the following land:

o 944 Princes Way, Drouin Lot 10 LP4044 o 70 Gardner & Holman Road, Drouin CA 1 & 2 Sec B Drouin Township o 13 McGlone Road , Drouin Lot 7 LP 142404 o 15 McGlone Road, Drouin Lot 2 LP 66798 o 17 McGlone Road, Drouin Lot 1 TP 843255

 Delete the Design and Development Overlay – Schedule 3 (DDO3) from the following land:

o 100 Buln Buln Road Lots 15 & 16 LP5440, Lot 1 TP161448, Lot 1 TP166225 and Lot 1 TP916025 o A portion of Buln Buln Road adjacent to the north-west boundary of the subject land being Lot 1 TP 80563 and Lot 1 TP 80562

 Delete Schedule 3 to the Design and Development Overlay (clause 43.02);

 Rezone the following land from the Public Conservation and Resource Zone or Farming Zone to the General Residential Zone:

o Princes Way Drouin Lots 1 & 2 TP161254 o Princes Way Drouin Lot 1 TP590827 o 70 Lardner Road Drouin Lot 1 LP 217436S

 Rezone a slither of land from Low Density Residential Zone to Road Zone 1 at Princes Way Drouin, Lot 2 LP 146034.

ESO4 changes

 Delete the Environmental Significance Overlay Schedule 4 (ESO4) from UGZ 1 & 2 areas as the mapping and schedule requirements are included in the PSPs;

 Delete the ESO4 from land parcels where there has been an assessment of potential earthworm habitat in Drouin and Warragul;

 Revise the schedule to the ESO4 (Clause 42.01) to include:

o Requirement for a permit to undertake new road works o Permit exemption for land parcels < 8000 m2 within a Residential, Township or Industrial Zone o Permit exemption for an extension to a dwelling with a floor area less than 100 m2, and o Permit exemption for establishment of a replacement building or dwelling within the same construction footprint

Strategic assessment of the amendment

Why is the amendment required?

The amendment introduces planning provisions to implement the State Planning Policy Framework in regards to Warragul and Drouin by facilitating new urban development and associated infrastructure provision and conservation & open space outcomes. Population growth is anticipated in the Gippsland Regional Growth Plan and Plan Melbourne, the Government’s strategy for Melbourne’s growth to the year 2050. Warragul and Drouin are specifically mentioned in the State of Cities section of the document. The State of Cities states as a principle that “attracting more growth to some of these strategic towns will not just take pressure off Melbourne, but attract greater provision of services to these towns as populations grow”.

The amendment also implements the Baw Baw Settlement Management Plan, August 2013 (Amendment C104) which provided a comprehensive analysis of environmental constraints and infrastructure considerations to provide for a settlement framework to the year 2036 with Drouin and Warragul the main growth centres with the values of the area - landscape, lifestyle, environmental and recreational assets maintained. This is Council’s long term plan to guide population growth and infrastructure investment anticipated in the above State documents.

A planning scheme amendment is the most appropriate method for managing the proposed urban growth and associated development as the matters relate to land use and development outcomes.

The planning scheme amendment allows for urban development outcomes specific to the land resulting in more certain and efficient regulation than might otherwise occur were the general provisions of the scheme to be relied upon.

The amendment provides for the development of approximately 20,000 new homes for approximately 48,000 people.

The amendment also includes approximately 119 hectares of employment land that will comprise of a mix light industrial and general industrial uses in both towns.

To service this new population, the amendment provides Neighbourhood Centres (NC) and Local Convenience Centres (LCC) sports field reserves, a series of local parks, extensive conservation and drainage land along waterways.

Potential sites for government and non-government schools sites are identified.

To ensure the area develops in an integrated way, the amendment provides an overall structure for the area providing certainty in the development decisions and clarity as to the cost and location of services.

The amendment replaces an existing Environmental Significance Overlays (ESO4) from the PSP area as it is no longer required with specific controls in the incorporated Drouin and Warragul Precinct Structure Plans.

Additionally since the introduction of the ESO4 into the Planning Scheme in May 2012, subdivisions which have been subjected to a Giant Gippsland Earthworm survey and habitat evaluation (as required by the ESO4) and have been subsequently certified and/or achieved Statement of compliance now contain land parcels less than 8000 m2. This revision to the ESO4 also proposes the inclusion of a permit exemption into Schedule 4 to exclude future approved land parcels 8000 m2 from requiring a permit to cover periods in between mapping edits.

The deletions to the Heritage Overlay East-West Road, Warragul:  HO74 – Elderberry Panax (Polyscias sambucifolia) – Affects the northern boundaries of 386-396 East West Road and the adjacent road reserve. Only some remnants if any exist of this plant type. This species is not significant from a biodiversity perspective nor is it threatened. The species has no heritage significance in the district.  HO71 – Swamp Gum (Eucalyptus ovata) – Affects Nos 408 – 420 East West Road, along the northern boundaries and adjacent road reserves of the sites. No trees of these species exist along this section at present, and there does not appear to be any remnant mature eucalyptus species within this polygon.  HO70 – Mountain Ash (Eucalyptus regnans) – Affects 440 East West Road, located in the northern portion of the lot. This area is out of the range of Mountain Ash, and it is assumed that a species such as Mountain Grey Gum (E. cypellacarpa) was mistaken for the Mountain Ash. Be that as it may, there is now no large Eucalyptus species within the polygon for this Heritage Overlay. . The amendment complements, and in some cases replaces, existing provisions of the scheme.

The amendment does not duplicate any management provisions for land use and development in other acts or regulations.

How does the amendment implement the objectives of planning in Victoria?

The amendment facilitates residential, retail, industrial, commercial and community development by introducing planning provisions that apply fairly and transparently to all affected landowners.

The amendment facilitates this development in a location where existing services and infrastructure can be easily expanded.

The planning provisions will protect and conserve the natural, cultural and scientific Assets.

The Amendment facilitates the development of land within township boundaries and provides for the efficient and sustainable servicing of the land.

The Amendment allows for further urban development that will improve the supply of housing, provide employment opportunities and create a robust neighbourhood structure with a legacy of funded local infrastructure projects.

The Amendment provides a balanced outcome in favour of net community benefit. The certainty provided by the amendment, in terms of land use, development and infrastructure outcomes, provides for a transparent and informed investment environment while delivering a clear picture of the future of the land for the existing community. The amendment provides for the housing and servicing of new residents in a manner that minimises disruption to the existing community.

The Amendment implements a number of the objectives of planning in Victoria under Section 4 of the Planning and Environment Act 1987 (Act). In particular:

To provide for the fair, orderly, economic and sustainable use and development of land

The Amendment facilitates the development of a new community with good access to services, employment and public open space. The delivery of housing makes effective use of the available land within the area.

The Amendment applies consistent controls across the precinct for residential development and sets out what development and community infrastructure is required to ensure the fair and equitable provision of works, services and facilities needed by the new community to secure a good quality of life.

The Amendment proportionally levies development for development and community infrastructure to ensure the fair and equitable provision of works, services and facilities needed by the new community to secure a good quality of life. To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity.

Stormwater flows will be managed through an integrated system that aims to manage flows beyond the growth areas to be generally kept to pre-development levels.

The growth areas will have a highly inter-connected road network, minimising dead-ends and containing continuous pedestrian and cycling footpaths with dedicated commuter and recreational bike lanes/ shared pathways on key routes.

Remanent vegetation stands will remain in waterway buffers or vegetation reserves. Provision for the protection of the Giant Gippsland Earthworm, Dwarf Galaxias and Growling Grass Frog has been built into PSP requirements for subdivision.

To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria.

The Amendment supports the upgrade to the existing and future road network to accommodate the proposed development within the PSPs. New local parks, new sport facilities and natural systems will also contribute to the creation of a pleasant living and recreational environment for the community and its visitors.

The Amendment ensures that housing will have good proximity to education and employment opportunities and will allow residents to have a larger choice in terms of travel modes in reaching these destinations.

How does the amendment address the environmental effects and any relevant social and economic effects?

Environmental effects

Approximately 15 -18 percent of the PSPs is set aside for open space of varying types.

Where possible, the PSP incorporates areas of environmental significance into the open space network.

The growth areas will require a range of constructed and natural waterways linked to a network of retarding basins to manage flooding, as identified in the background drainage reports. The distribution of open space within the precinct ensures that a majority of residential properties have access to open space within a walkable 400 metres.

A precautionary desktop environmental site assessment has been carried out for all the land whether or not it meets the definition of ‘potentially contaminated land’.

The amendment (via the UGZ Schedules) requires further investigation, testing and remediation for all land within the growth areas prior to use for sensitive land uses (eg. housing, schools, and child care).

The Amendment contributes towards increased transport choice and potential reductions in private car use, as the growth area establishes. The growth areas will have a highly interconnected road network, minimising dead-ends and containing continuous footpaths with dedicated recreational bike lanes/ shared pathways on key routes.

Economic effects The Amendment establishes a framework for the development of a new urban community which will have its own focus whilst seamlessly integrating with the existing community. The structural elements of the PSP are interlinked to facilitate an attractive built environment, a strong community and a sense of place for the precinct.

The PSPs include neighbourhood and local convenience centres, creating employment opportunities within the PSP areas and district.

The Amendment enables the delivery of a range of lifestyle opportunities to meet the needs of a variety of household sizes and budgets. It encourages the development of a range of house types from the conventional to medium density residential development.

Medium density homes in a variety of styles are promoted near services, community facilities, public transport corridors, open space and amenities. This will also support the viability of the neighbour centres and village convenience centres serving the precinct.

New infrastructure will ensure that new residents do not place an unfair burden on existing community assets in the area. The infrastructure maximises opportunities for new residents to safely and efficiently access employment and everyday services including shopping and engage in locally based social activities.

Social Effects

The amendment is expected to generate positive social benefits for the Baw Baw Shire through the provision of an employment district, a range of residential densities that are well served by community facilities and other key infrastructure including retail areas, parks and other public facilities.

Planning for the development of community infrastructure such as sporting fields and other community facilities, which will have a close spatial relationship with residential neighbourhoods, will assist in the creation of a ‘sense of place’ by fostering social interaction within the immediate and wider community.

Does the amendment address relevant bushfire risk?

The majority of land within the PSP area is cleared grazing land with some patches of vegetation to the north of Drouin.

Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The amendment complies with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

The amendment also complies with the following relevant Ministerial Directions:

Direction No. 1 Potentially Contaminated Land

Ministerial Direction No. 1 does not strictly apply to most of the land affected by the amendment as the amendment is proposing to rezone land that has typically been used for various agricultural uses rather than industrial uses. The ‘Desktop Environmental, Hydrogeological and Geotechnical Study: Warragul and Drouin Precinct Structure Plan Areas Growth Areas Authority’ (SKM, April 2013) assessment identified areas subject to historical localised land uses that are potentially subject to contamination. The amendment (via the UGZ schedule) requires further investigation, assessment and remediation of all land within the Precinct prior to use for sensitive land uses (e.g. housing, junior schools and child care).

Direction No. 11 - Strategic Assessment of Amendments

This direction seeks to ensure a comprehensive strategic evaluation of a planning scheme amendment. This explanatory report addresses the requirements outlined in this direction.

Direction No. 12 - Urban Growth Areas

Part 6 of Ministerial Direction 12 requires that when preparing an amendment to introduce or change provisions in a schedule to the UGZ, a planning authority must evaluate and include in the explanatory report a discussion about:

 How the amendment implements any Growth Area Framework Plan applying to the land

Drouin and Warragul (combined Regional Centre) are included in the Baw Baw Settlement Management Plan (SMP), August 2013 which provides a comprehensive analysis of environmental constraints and infrastructure considerations to provide for a settlement framework to the year 2036. The SMP reinforces the long standing policy direction of this municipality, with Drouin and Warragul the main growth centres with the values of the area - landscape, lifestyle, environmental and recreational assets maintained.

This direction is consistent with the draft State government documents including the Gippsland Regional Growth Plan and Plan Melbourne, the Government’s strategy for Melbourne’s growth to the year 2050. Warragul and Drouin are specifically mentioned in the State of Cities section of the document. The State of Cities principle indicates that “attracting more growth to some of these strategic towns will not just take pressure off Melbourne, but attract greater provision of services to these towns as populations grow”.

The amendment implements the land use aspects of these State government documents. It provides for an employment precinct and urban residential development of the land.

 How does the amendment accord with the Precinct Structure Planning Guidelines (October 2009)?

Objective one: To establish a sense of place and community

The topography of the precinct contains sloping land and several creeks. The creeks will provide passive and active recreational opportunities and shared path facilities.

School and community facility buildings have been proposed on connector streets central to catchment areas, co-located with active open space facilities for the future residential community.

The road network will build on the existing network while providing for much needed connector roads to allow future residents to access the Princes Freeway.

Nature strips along roadways will be of sufficient width to support long term tree growth and contribute to the attractiveness of the place.

Objective two: To create greater housing choice, diversity and affordable places to live An important new approach to housing diversity has been developed and introduced through this and other PSPs currently under preparation. New provisions in the PSP deliver a comprehensive guide to delivering diversity that provides for a range of densities across the area. This allows for increased choice to homebuilders and purchasers to build a house of the size they want in the location they want while meeting policy goals seeking higher dwelling densities.

Objective three: To create highly accessible and vibrant activity centres

Within both towns neighbourhood and village convenience centres are proposed adjacent to proposed schools and open space servicing the growth area.

Objective four: To provide for local employment and business activity

The business areas will be highly accessible the existing industrial area of both towns and the Princes Freeway.

Objective five: To provide better transport choices

The road network will provide a grid connector street system to ensure efficient connections between the new development area and the existing community.

The cycle and walking trail network is deliberately aimed at providing access to key local destinations but also to providing direct routes to the existing town centre.

Objective six: To respond to climate change and increased environmental sustainability

The provision for shared path facilities encourages the use of sustainable transport modes within the precinct.

All of the elements planned for the precinct, as described in the response to objectives above and below, have sustainability and climate change adaptability built into their design.

They provide for:

 Reduced travel times to key services and multiple mode and route options for travel including by means other than the currently dominant private car mode  Management of natural systems, and the effects of development on natural systems, so as to minimise or offset detriment to those systems  Efficient use of land for multiple purposes where practicable.

Objective seven: To deliver accessible, integrated adaptable community infrastructure

Community facilities hubs including schools and sports fields are co-located to provide opportunities for more efficient use and vibrant public places.

The proposed connector roads and cycling and shared trails within the precinct will provide excellent access to these community hubs.

 How the provisions give effect to the intended outcomes of the precinct structure plan

Most provisions in the incorporated documents and associated ordinance are designed to be implemented at the subdivision development stage. At this point requirements and guidelines are designed into subdivision plans (e.g. spatial outcomes), implemented through permit conditions (e.g. development and biodiversity contributions), implemented through referral authority agreements (e.g. essential services) or required to be applied as restrictions on title. This provides for a single permission after approval of the PSP which is central to providing certainty and clarity and timeliness in the planning process.

The applied zone provision in the UGZ Schedules list includes the recently introduced new residential zones and the alternative reformed commercial zones where applicable.

The PSP remains the guiding document for neighbourhood development.

The reformed Industrial 3 Zone will allow for increased development of office space which is encouraged in this local employment area. The Commercial 1 Zone, including as-of-right floor space limits, will allow for competitive development of growth area town centres.

 How a translation of the provisions can be achieved, once development anticipated by the precinct structure plan is substantially complete.

As discussed above most outcomes will be delivered through subdivision permits prior to translation of the PSP to standard provisions. Subdivision permits will implement most of the non-standard provisions.

An assessment of how development has proceeded and where public land uses have been established closer to the time of translation will provide a better guide to where zone boundaries should be settled.

Other than the UGZ, standard provisions are used to implement the plan including a open space contribution through Clause 52.01.

How does the amendment support or implement the State Planning Policy Framework and any adopted State policy?

The amendment represents an integrated decision making process that balances the conflicting objectives of the relevant State planning policies as follows:

Clause 9 – Plan Melbourne - the amendment applies the Plan Melbourne: Metropolitan Planning Strategy where Drouin and Warragul are specifically mentioned for their growth potential.

Clauses 11.01 Activity Centres, 11.02 Urban Growth, 11.03 Open Space – The amendment incorporates a precinct structure plan.

This plan sets out an orderly structure for development of the precinct including the location and function of activity centres taking into account the existing and planned network of centres in the region, bringing zoned land supply to the market, providing land with good proximity to existing and planned amenities and services, and infrastructure.

 Clause 11.04-6 A State of cities - The amendment will provide future high amenity neighbourhoods providing a diversity of housing choice that will attract population growth from Melbourne.

Clause 11.05 Regional development - PSPs promote the sustainable growth and development of regional Victoria.

 Clause 11.08 Gippsland Regional Growth – the PSPs support growth in the combined regional centre of Drouin and Warragul as defined by the Gippsland Regional Growth Plan and will ensure infrastructure is provided to the community in a timely manner. Clause 12.01 Biodiversity - Offsets for vegetation removal and habitat areas for nationally and state significant species will be provided in accordance with the prescriptions of the Strategic Impact Assessment Report and Victoria’s Native Vegetation Framework.

 Clause 16.01 Integrated housing - Housing in the precinct will be fully serviced. New residents will have access to existing services and employment opportunities in the community in adjacent developed neighbourhoods and through provision of new infrastructure in the precinct. The precinct structure plan sets out a range of housing densities that can be accommodated in the precinct.

 Clause 17.01 Commercial - The amendment provides for neighbourhood centres and village convenience centres providing local services and conveniences to the catchment within the PSP.

 Clause 18.01 Land use and transport planning, 18.02 Movement networks – The precinct is strongly integrated with the existing and planned arterial road network. The proposed road network provides a robust structure for traffic and transport movement within and through the precinct.

 Clause 19.02 Community infrastructure, 19.03 Development infrastructure – The development contributions plan provides for major roads, intersections, bicycle paths, sports facilities, community facilities and open space through a levying on new subdivision in Warragul.

How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

The amendment is consistent with and has been prepared in accordance with the Local Planning Policy Framework as discussed below.

The PSPs aims to meet the Land Use Planning Objectives as follows: Build a close-knit community which appreciates the unique country town character of the settlements in the Shire. - Provide for new development to occur in areas that are not isolated from the core urban area and which integrate well with existing communities and physical infrastructure.

- Provide for urban development that does not adversely affect the water quality, flows, environmental values, landscape feature and cultural heritage sites of creeks and watercourses, their waterway corridors and adjoining land.

- Encourage diversity in subdivisions and housing in terms of lot size and housing form.

- Encourage the integration of housing with compatible activities such as open space, community facilities and shopping centres

Does the amendment make proper use of the Victoria Planning Provisions?

The amendment meets the form and content requirements of the Victorian Planning Provisions. Importantly, the application of the UGZ is considered an appropriate tool to apply a suite of Victoria Planning Provision zones to guide future use and development of the site through the specification of conditions and requirements for permits. The amendment meets the form and content requirements of the Victoria Planning Provisions.

How does the amendment address the views of any relevant agency? The amendment, the Precinct Structure Plans have been prepared in consultation with affected agencies.

Does the amendment address relevant requirements of the Transport Integration Act 2010?

The amendment is likely to have a significant impact on the transport system at a local level. It will require upgrades to nearby parts of the regional road network and will allow the creation of a new local road network that will set the future pattern of development in the precinct. It will contribute to the development of the bus network in the area.

The proposed additions and changes to the existing transport system in and adjacent to the precinct will meet the transport system objectives by:

 Providing for an interconnected road system that responds to the likely level of use generated by the precinct and hence facilitating investment in housing and local retail services in the area.

 Enabling efficient access to existing and planned employment and services in and around the local area and region through connections to the arterial road network.

 Ensuring the road network minimises impacts on the site’s topography, native vegetation and water flow regimes.

 Providing locally based sports and recreational facilities to reduce the need for extended travel.

 Integrating relevant government bodies involved in the provision of transport infrastructure and services in the decision making process of the amendment.

Resource and administrative costs

 What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

The amendment will have minimal impact on the resources and administrative costs of the responsible authority. The incorporation of the PSP in the Planning Scheme will facilitate the future orderly and proper planning of the area. In most cases a single subdivision permit will capture all of the development requirements for a particular site.

Further, the UGZ Schedules 1 and 2 have been structured in such a way that the ultimate translation to conventional Victorian Planning Provisions zones can occur in a timely and efficient manner once the land has been substantially developed.

The amendment will have minimum impact on the resources and administrative costs of the responsible authority. The incorporation of the DCP into the Baw Baw Planning Scheme will facilitate the orderly and proper planning of the area.

Where you may inspect this Amendment The amendment is available for public inspection, free of charge, during office hours at the following places:

Customer Service Centre Technology Centre Customer Service Centre 61 Smith Street Princes Highway 33 Young Street Warragul 3820 Trafalgar 3824 Drouin 3818

The amendment can also be inspected free of charge at the Baw Baw Shire website at www.bawbawshire.vic.gov.au/amendments and at the Department of Transport, Planning and Local Infrastructure website at www.dtpli.vic.gov.au/publicinspection.