1954-1955

VICTORIA

------

NINTH ANNUAL REPORT

OF THE

TOWN AND COUNTRY PLANNING BOARD OF

FOR THE PERIOD

I ST JULY, I 953, TO 30TH JUNE, 1954.

PRESE!>.'TED TO BOTH HOUSES 01<' PARLIAMENT PURSUANT TO SECTION 4 (3) ·OF THE TOWN AND COUNTRY PLANNING ACT 1944.

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[Approximate Cost of Report-Preparation, not given. Printing (950 copies), £140.]

81 ~nth.ortt p: W. M. HOUITON, GOVERNMENT PIINTIR, MILBOURNI. No. 30.-[Is .9D.J.-259j55.

INDEX

PAGE The Act 1

Planning Schemes-General 11

Details of Planning Schemes in Course of Preparation 11 Latrobe Valley Sub-Regional Planning Scheme, Amendment No. 1, 1953 15 Shire of N arracan- Moe-Newborough Planning Scheme 16 Yallourn North Planning Scheme 17 Shire of Morwell- Morwell Planning Scheme 17 Yinnar and Boolarra 17 Shire of Turalgon- Planning Scheme 17 Eildon Sub-Regional Planning Scheme 18 Club Terrace Planning Scheme () 18 Ocean Road Planning Scheme 18

Geelong and District Joint Planning Committee 19 Portland and District Joint Planning Scheme 19 Proposed Ballarat and District Planning Scheme 19

Metropolitan Planning Scheme 20 City of Moorabbin Planning Scheme 1952 21 City of Camberwell Planning Scheme 21 City of Richmond Planning Scheme 22 Shire of Ferntree Gully Planning Scheme-Dandenong Ranges 22 Mornington Peninsula 22 City of Planning Scheme 23 Shire of Planning Scheme 23 Land Use Zoning-By-laws under Local Government Act 24 Uniform Building Regulations 24 Registration of Factories 25 Housing Commission and Town Planning 25 Special Use Zones 25 Place Names 26 Visits by Board 27 Staff .. 27

Town and Country Planning Board.

NINTH ANNUAL REPORT.

State Offices Annexe, 107 Russell-street, , C.l, 16th December, 1954. The Honourable the Commissioner of Public ·works, Treasury Place, Melbourne, C.2. SIR, 1. In accordance with the requirements of Section 4 (3) of the Town and Country Planning Act 1944 (No. 5043), the Board has pleasure in submitting to you for presentation to Parliament, the report on its decisions, recommendations, and other transactions during the twelve months ended 30th June, 1954. 2. The Board held 48 meetings as well as being represented at many conferences in both metropolitan and country centres.

THE ACT. 3. During the May Sessions of Parliament, a Bill to amend the Town and Country Planning Acts was passed. This Bill contained most of the amendments recommended by the Board over a number of years, as well as certain other amendments required in connexion with the Metropolitan Planning Scheme. 4. 'l'he Act, No. 5778, became effective on 11th May, 1954. 5. The amendments contained in the Act are as follows:­ (1) Section 2.-Joint Planning Schemes.- This amendment adds two further sub-sections to Section 9 of the Principal Act (No. 5043) and provides for a joint planning committee to continue in existence for twelve months after the approval of the joint planning scheme, or for such further period or periods as determined by the councils concerned. During the existence of the joint committee no planning scheme, which would alter or affect the joint scheme, may be prepared unless by the joint committee or with the joint committee's sanction. Upon the termination of the existence of the committee, the councils concerned may form a further committee to advise generally in regard to the planning scheme. The object of this amendment is to enable the joint committee propounding the scheme to be retained to advise on any problems which the individual implementing councils may have in the early stages of the administration of the approved planning scheme. It is felt that this continued consultation after the approval of the scheme will go a long way towards ensuring mutual co-operation in the enforcement of its provisions. (2) Section 3.-Interim Development Orders. For Section 12 of Act No. 5043 a new section is substituted. The several changes which have been brought about by this amendment are mainly designed to assist the more practical operation of interim development orders in line "''ith the Board's recommendations over a number of years. The Act now provides that, after the date determined and notified as the commencement of the preparation of a planning scheme, and. before ita approval, the responsible authority 6 may, with the approval of the Governor in Council (given after consideration of a report by the Town and Country Planning Board), make an interim development order " regulating, restricting, restraining, or prohibiting the use or development of any land or the erection, construction or carrying out of any buildings or works on any land which may be included in such scheme ". The responsible authority may, during the operation of the order, permit, subject to such conditions as are specified in the permit, such use or development of any land, &c., " as the authority thinks proper". It is provided, however, that nothing in any interim development order shall prevent the continuance of the use of any land or buildings for the purposes for which such land or buildings were lawfully used immediately before the coming into operation of the order. By the inclusion of the word " regulating ", it is felt that the misconception that the operation of interim development orders has the effect of " freezing " all development, will be removed. The amendment also permits the use of land to be controlled, as well as its development. The practical application of such orders has always been to permit normal development to proceed as usual and to prevent only that which would nullify the planning proposals. This amendment, therefore, ensures that the continued administration of interim development orders will be in accordance with the practice so far followed in many parts of the State.

Sub-section (2) of this section relates to the publication of the order in the Government Gazette and in two newspapers.

To assist in reducing the cost of advertisements, where the order contains a lengthy technical description, it is now provided that a notice of the approval of the order, giving a summary of its contents in a form approved by the Minister, may be published in lieu of the complete order. The notice shall also state that copies of the order, and (where so required by the Minister) of a map showing the area affected, may be inspected at the office of the responsible authority and at the office of the Town and Country Planning Board. The interim development order comes into op.eration upon the date of publication of a copy of the order or the notice of approval thereof in the Government Gazette.

The appeal provisions of the Principal Act have also been slightly amended, and it is now provided that any person who feels aggrieved by the refusal or failure within a period of two months of a, responsible authority to permit the use or development of any land, &c., or by the conditions specified in any permit, may appeal to the Minister, whose decision shall be final and shall be given effect to by the responsible authority. The appeal may be heard by some person or persons appointed by the Minister and the Minister shall give hia decision after considering the report of the person or persons who have heard the appeaL

This amendment provides a further safeguard for any person making application for a permit under an interim development order as it now enables an appeal to be made to the Minister if there is any undue delay in obtaining a determination from the responsible authority.

Sub-section (4) of Section 12, relating to the power of the Governor in Council to prohibit public works not in conformity with the scheme, replaces sub-section (6) of Section 12 of the Principal Act and remains unchanged. Sub-sections (5) and (6) of Section 12, empowering a responsible authority to remove any works, &c., commenced or continued in contravention of the provisions of an interim development order, replaces sub-sections (3) and (4) of Section 12 of the Principal Act and are virtually unchanged. 7 The object of the new sub-section (7) is to ensure that, where a responsible authority is preparing a planning scheme for, say, the whole of the municipality and portion of the scheme is submitted and approved in advance of the whole, the interim development order, which was approved for the whole of the municipality, shall only lapse in respect of that area for which a planning scheme has been approved. Sub-section (8) enabling the revocation of interim development orders by the Governor in Council, replaces sub-section (7) of Section 12 of the Principal Act and remains virtually unaltered.

(3) Section 4.--Deposition of Copies of Proposed Scheme for Public Inspection. This amendment, which replaces paragraph (a) of sub-section (2) of Section 13 of the Principal Act, retains the provision that, for purposes of public inspection copieB of a propoBed planning scheme shall be deposited at the office of the responsible authority and at the office of the Board. However, where the responsible authority is not the council of a municipality, it is now provided that copies of only so much of the scheme as relates to land in a particular municipality shall be deposited at the office of that municipality for inRpection. In the case of a joint planning committee, this would mean that copies of the whole of the planning scheme need not be deposited at the office of each constituent council, but only that portion relating to the particular municipality concerned. In the case of the Metropolitan Planning Scheme also, this amendment will overcome the necessity for copies of the whole scheme to be deposited at the office of each of the municipalities within the metropolitan planning area. Copies of the complete scheme will, however, still be required to be deposited at the office of the Board of Works and at the office of this Board.

Deposition of Copies of Approved Schemes. The amendment also contains a similar provision to the above in regard to the depositing of copies of approved schemes. Section 18 of the Principal Act, as amended, now requires, in addition to its other provisions that, where the responsible authority is not the council of a municipality, only so much of the approved scheme as relates to land within a particular municipality shall be kept at the office of that municipality for public inspection.

(4) Section 5.-Submission and Consideration of Object1:ons to Schemes. For paragraphR (d) and (e) of sub-section (2) of Section 13 of the Principal Act, a new paragraph (d) is substituted. Among the changes brought about by this amendment is the removal of the necesHity for objections to a planning scheme to be considered by the responsible authority at its next ordinary meeting after the expiration of the exhibition period. It is now provided that the responsible authority shall, " as soon as practicable," take into consideration all objections and, for that purpose, may refer the consideration of any objection to a sub-committee for examination and report to the authority. Before the responsible authority disallows any objection, however, it is obliged to give the objector or his solicitor or agent, an opportunity of being heard. Either the 1·esponsible authority or a sub-committee thereof may hear the objection but, in all cases, the decision on the objection must be made by the responsible authority. Prior to this amendment, it was necessary for the responsible authority to hear every objector who desired to be heard, irrespective of whether it intended to uphold his objection or not. Without derogating from the rights of objectors, this new procedure for the hearing and consideration of objections will enable responsible authorities to deal with objections more speedily. Sub-paragraph (iv) of paragraph (c) of sub-section (2) of Section 13 of the Principal Act is repealed. 8

(5) Section 6.-F,urther Exhibition of Planning Schemes. By this amendment to sub-section (3) of Section 14 of the Principal Act, the Minister may require the responsible authority to exhibit a planning scheme for public inspection for such further period as he determines if, in his opinion, any modification made by the responsible authority in its adoption of the scheme, or any modification which it is proposed to submit to the Governor in Council, is of such a substantial nature as to warrant such a course. In such a case the further period of exhibition for public inspection is notified in the Government Gazette and in a newspaper circulating in the neighbourhood of the area included in the scheme. Any person affected by the modification, alteration, or proposed modification to the scheme may notify the Minister in writing of any objections thereto.

(6) Section 7.-Acquisition and Use of Land. For sub-section (1) of Section 21 of the Principal Act, a new sub-section is substituted. Under this amendment a responsible authority may purchase or, with the approval of the Minister, compulsorily acquire-- (a) any land or any casement, right or privilege, in over or affecting any land which is required for the purposes of any planning scheme ; or (b) any land which is vacant and unoccupied or on which a non-conforming use is establi;;;hed if, in the opinion of the responsible authority, to achieve the proper development of any area in accordance "'ith the planning scheme, it is desirable that the non-conforming use should not be continued or, in the case of vacant and unoccupied land, that the land should be put to appropriate use. Any land purchased or compulsorily acquired under this section may be sold to any public authority or by public auction or tender, subject to such terms, conditions, and restrictions as the responsible authority thinks fit. The effect of the amendment is to considerably enlarge the powers of a responsible authority to acquire and dispose of land for the purposes of a planning scheme. Where vacant and unoccupied land is zoned in the planning scheme for a certain purpose and the owner will not develop the land or make it available for development for that purpose, the responsible authority may, if it considers it desirable that the land be developed for the purpose for which it is zoned, purchase the land or, with the approval of the Minister, compulsorily acquire. The land may then be disposed of for development in accordance with the provisions of the scheme. It is a general principle that, where an existing use does not conform to the provisions of a planning scheme, the continuance of such use is permitted. However, there may be certain instances where the existing non-conforming use is of such a nature that its continuance is not desirable. The provisions of this section enable the responsible authority to discontinue such use.

(7) Section B.-Compensation. For Section 22 of the Principal Act a new section is substituted. A number of changes is brought about by this amendment, the most important being the removal of any liability for a responsible authority to pay compensation in respect of any provision in an interim development order which specifies or enables to be specified the purposes for which land may be used. 9 The compensation provisions under an interim development order have now been brought into line with those relating to an approved planning scheme and a responsible authority is now not liable for payment of compensation where interim development powers are operated to regulate the use of land for specific purposes. There are, however, two exceptions to this provision. Compensation is payable under an interim development order or under an approved planning scheme where land is reserved for public purposes or where the responsible authority has ordered the discontinuance of a non-conforming use. No liability for compensation under an interim development order arises, however, until a permit has been applied for and refused, an appeal pursuant to Section 12 of the Act has been lodged with the :Minister and the Minister has disallowed the appeal. Where any loss or damage results from any provision in an interim development order or a planning scheme, if immediately before the approval of the order or scheme such a provision could have been enforced under other legislation without payment of compensation, then no compensation is payable. If compensation would have been payable under other legislation then the amount payable under the interim development order or planning scheme shall not exceed the amount payable under other legislation, and shall be paid in the same circumstances and in the same manner. Wnere compensation is paid under an interim development order, the amount so paid shall be taken into account in determining any compensation payable for the same matter under a planning scheme and in the eventual acquisition of the land concerned. No compensation is payable in respect of any provision in a planning scheme which requires the provision of accommodation for the loading, unloading, fuelling, or parking of vehicles in connexion "rith any land or buildings used or intended to be used for business or industry. (8) Section 9.-Contents of Planning Schemes. Items 6 to 8 of the Schedule to the Principal Act, which set out the matters which may be included in a planning scheme, have been amended to include, as item 8- " Land to be reserved for public purposes and the location of buildings or works to be used for public purposes." This amendment, which is in consequence of the Board's recommendation for the addition to the Schedule to the Act of a provision relating to transportation, will now enable the inclusion in a planning scheme of proposals for the reservation of land for such purposes as well as the location of buildings or works to be used for public purposes. The inclusion of this item in the Schedule also clearly defines the distinction between the prescription of the use of private land for private purposes (zoning) and the prescription of the use of private land for public purposes (reservation).

(9) Section 10.-Widening of Streets. This Section helps to simplify the procedure necessary to implement a street-widening proposal included as part of a planning scheme. Where such a proposal is included in a planning scheme, and is intended to be implemented under the Local Government (Streets) Act 1948, it is not necessary to prepare additional plans of the proposal as required· under Parts II. and Ill. of that Act. In addition, publication of the notice of approval of the planning scheme in the Government Gazette shall he deemed to be the notice of the fixing of the new alignment referred to in Sections 20 to 23 of the Local Government (Streets) Act 1948. 10 (10) Section 11.-Issue of Certificates. It is provided in this section that a responsible authority shall, in response to an application being made to it in writing, issue a certificate that, at the date of such certificate, the land referred to in the application is or is not land to which an interim development order or planning scheme applies. Provision is also made for certificates to be issued in respect of any other matter prescribed by Regulations. Before this section can become effective, it will be necessary to prescribe, by Regulations under the Principal Act, a fee for the issue of such a certificate and details of the procedure required. The purpose of this provision is to enable a prospective purchaser or developer of land to ascertain whether or not certain land is subject to planning control. The issue of a certificate in respect of any land does not remove the necessity for a permit to be obtained for the use or development of the land where it is subject to an interim development order or an approved planning scheme.

(11) Section 12.-Evidence of Maps. This section of Act No. 5778 provides that any instrument, map, or plan made or issued in connexion with any interim development order or planning scheme, and certified as such under the hand of the secretary of the responsible authority, shall be deemed to be evidence of the due making, existence, and approval of such instrument, map, or plan.

(12) Section 13.-Melbourne and Metropolitan Board of Works as Authority for Metropolitan Planning. Section 3 of the Town and Country Planning (Metropolitan Area) Act 1949, is amended by substituting new sub-sections (1) to (5) for sub-sections (1) to (5) of that section. By this amendment provision is made for the Board of Works to continue as a planning authority for the metropolitan area for up to three months after the approval of the Metropolitan Planning Scheme, whereupon the implementation of the scheme rests with the individual municipalities concerned. Under the original provisions of the Act the functions of the Board of Works, as a planning authority, ceased upon the submission of the planning scheme for approval. After the approval of the scheme, it will be necessary for copies of the approved scheme, incorporating any modifications required by the Governor in Council, to be prepared for lodging in accordance with the requirements of the Act. Amongst other matters, the extended period is necessary for this purpose. A further new provision is included in sub-sections (4) and (5) where the Board of Works is empowered to delegate to the Council of any municipality such powers as it thinks fit to grant permits for the use or development of land which is included in any interim development order made by the Board of Works. The Board of Works may, at any time, revoke any such delegation and no such delegation shall derogate from any powers or responsibilities of the Board of Works as a responsible authority. These powers of delegation are considered necessary to obviate any delay or inconvenience that may be caused in the issuing of permits under any interim development order made by the Board of Works. In most cases, a prospective developer of land "''ill enquire at the local municipal office for permission to carry out such development and, by encouraging the continuance of this procedure, much time and inconvenience can be saved. The applicant can, at the same time, be advised of any local by-laws or regulations in force which would also affect the proposal. 11 The other new sub-sections included do not materially alter the original provisions of the Act. (13) Section 14.-Consequential Amendments to Act No. 5404. This section contains two consequential amendments to Section 4 of the Town and Country Planning (Metropolitan Area) Act 1949. The procedure for the statutory exhibition of the Metropolitan Planning Scheme, referred to in paragraph (a) of Section 4 of Act No. 5404 (which paragraph is repealed by Act No. 5778), has now been clarified in a general amendment to the Principal Act. This amendment is referred to under Section 4 above. (14) Section 15.-Application of 1lfetropolitan Plunning Rate. A minor amendment to sub-section (5) of section 5 is brought about by this section. By the deletion of the words " for the purposes of the preparation of any planning scheme " and the substitution of the words " for the purposes of this Act ", the proceeds of a metropolitan planning rate are not restricted to the defraying of the cost of preparation of the planning scheme alone.

PLANNING SCHEMES-GENERAL: 6. Of the 202 municipalities in Victoria, no less than 95 are now benefiting from the preparation of a planning scheme under the Town and Country Planning Acts. 7. Fifty-two of these municipalities are outside the Metropolitan Planning Area which embraces 43 municipalities. Twenty of the 43 metropolitan municipalities are preparing or have prepared planning schemes for the whole or portion of their municipal district. 8. Powers of interim control are being exercised by most of the municipalities engaged in the preparation of a planning scheme and, as at 30th June, 1954, 62 interim development orders are in current operation throughout Victoria. Thirteen of these orders are being operated by individual councils within the metropolitan area. 9. The following is a list of planning schemes commenced, in course of preparation, or completed as at 30th June, 1954 :-

CoMMENCED PRIOR To 1sT JuLY, 1953. (Position as at 30th June, 1954.)

Date of Exhibition I Scheme. Population Commenced. Approval of Period Remark&. I in Area. I.D.O. Expired. I

I Cities.

Ararat . . .. 7,400 9.6.47 22.7.47 19.6.52 Awaiting approval of Governor in Council Ballarat .. . . 47,960 13.10.47 28.3.50 . . Possibility of joint planning corn- mittee with adjacent mum- cipalities being investigated. See page 19 *Brunswick ...... 28.3.49 . . 30.4.49 Approt•ed by Governor ~n Council on 25th October, 1949 *Brunswick (2) (amending) .. 26.5.52 . . 30.6.52 Approved by Governor tn Council on 25th August, 1953 *Camberwell ...... 19.3.51 15.5.51 . . Well advanced. See page 21 *Chelsea ...... 21.10.46 . . . . Inactive. Renewal of LD.O. not approved by Governor in Council *Coburg ...... 3.10.49 . . 6.12.50 Approved by Governor tn Council on 21st Attg~tst, 1951 Hamilton . . .. 8,500 12.9.46 15.10.46 12.6.50 Xo progress during the year *Heidelberg ...... 25.8.52 14.10.52 .. Proceeding Horsha.m . . .. 7,700 3.9.46 1.10.46 . . Preparatinn of scheme temporarily deferred. Revocation of I.D.O. under consideration

• ln Metropolitap Piannin>! Arta. 12

CoMMENCED PRIOR TO 1sT JuLY, 1953----continued. (Position as at 30th June, 1954---rontinued). ···-······------

Da~ of Exhibition Scheme. P.opulatlon I Commenced Approval of Period Remarks. 1n Area. · I.D.O. Expired.

Cities-continued.

*Malvern . . . . 20.4.53 9.6.53 Proceeding Mildura . . . . 11,000 8.5.47 21.11.50 Preparation of scheme proceeding *Moorabbin (Section 1) .. 1.11.48 23.8.51 Approved by Governor in Council on 9th December, 1952 *Moorabbin (Section 2) .. 4.4.49 Proceeding *Moorabbin (1952 Scheme) 15.9.52 21.7.53 30.10.53 Scheme submitted for approval­ being examined by Board. See page 21 *Moorabbin (Section 1, 2.3.53 30.6.53 Appraved by Gavernor ~n Cc;uncil Amendment No. 1) on 15th September, 1953 *Nunawading (part only) 16.12.46 ' 7.12.49 Appraved by Governar in Cc;uncil on 15th M.ay, 1951 *Prahran 17.7.50 Inactive. Interim Development Order lapsed *Preston 18.2.52 4.3.52 Advanced *Richmond 22.9.52 20.11.52 2.7.53 Objections being considered. See page 22 *Sandringham (1) (part 16.7.46 24.6.48 Apprc;ved by the Gavernar in Council only) on 26th April, 1949 *Sandringham (1) 5.12.50 5.2.51 Approved by Gavernar in Cc;uncil (amending) on 28th August, 1951 Shepparton .. 10,800 9.8.48 9.11.48 } Submitted for approval-being 26.7.49 3.12.53 examined by Board. See page 13.4.54 23 Warrnambool 10,800 26.9.50 Joint Planning Committee with being considered

Towns.

Castlemaine .. 6,500 21.11.46 25.3.47 Inactive Colac 8,000 23.6.48 10.8.48 Draft scheme being used to guide development Portland 4,750 20.8.46 15.10.46 Part of Portland and District Joint Committee

Baroughs.

Benalla . . . . 6,000 23.5.49 28.2.50 Inactive Maryborough .. 6,800 1. 7.48 21.12.48 No progress *Ringwood (part only) .. 19.4.51 22.5.51 No progress Swan Hill . . . . , 5,000 7.3.50 4.4.50 Inactive Wangaratta . . . . 10,700 30.6.47 15.11.49 Planning proceeding as part of Wangaratta and District Joint Committee

SMres.

Ballarat (part only) 1,000 15.6.49 5. 7.49 Draft scheme nearing completion Benalla (part) 220 11.5.53 31.8.53 Awaitin~ approval of Govemor in Council. See page 23 Berwick (Pakenham 500 21.8.50 19.12.50 Inactive Township) Berwick (Berwick 500 18.9.50 19.12.50 Inactive Township) *Berwick (Prince's 19.2.51 16.3.51 Inactive Highway) *Broadmeadows (1) 28.10.4:8 20.10.49 A ppraved by Gavernor in Council (part only) on 14th October, 1952 *Broadmeadows (2) 24.5.51 Inactive. Interim Development (part only) Order lapsed

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CoMMENCED PRIOR TO 1sT JuLY, 1953-continued. (Position as at 30th June, 1954)-continued.

Date of Exhibition Scheme. Population Commenced. Approval of Period Remarks. in Area. I I I.D.O. Expired.

Shires-continued.

*Broadmeadows (1) 25.5.53 27.8.53 Approved by Governor in Council (Amendment No. 1) on 4th May, 1954 28.2.50 Proceeding Buln Buln (Drouin 2,300 21.11.49 I and Longwarry) ! Cobram (Cobram 1,700 5.8.46 1.6.49 Approved by Governor in Council Township) on 19th December, 1950. (Scheme prepared by Shire of ) On approved date, Cobram was in ) Cobram (Cobram 20.2.52 Amendment originally proposed Township) (Amendment by Shire of Tungamah No. 1) I Colac (part only) 1,000 8.11.48 Inactive Corio (part only) 5,000 28.8.46 17.9.46 Now planning as a member of and District Town Planning Committee Euroa (township only) 2,600 11.9.46 12.11.46 Inactive *Fra.nkston and Hastings 5.3.48 11.11.53 Proceeding. See page 23 (part only) Grenville (part only) .. 500 2.8.47 2.9.47 Inactive. Area would be included m Ballarat and District Joint Planning Committee if formed l\l[ansfield (Mansfield 1,800 i 4.5.49 26.7.49 Inactive Township) l\l[ansfield (Jamieson 250 2.4.52 26.8.52 Inactive Township) :M:ornington .. 3,500 8. 7.49 11.10.49 .. Proceeding. See page 22 :M:orwell (Morwell 9,000 17 .3.48 Under consideration by Council. Township) { 15.8.51 ~\i:;~ }18.4.50 See page 17 :M:orwell (Herne's Oak 600 15.8.51 On land which may be required for Township) coal winning .Morwell (Yinnar 250 15.8.51 7.11.51 7.8.52 Proceeding. See page 17 Township) .Morwell (Boolarra 300 23.4.52 27.5.52 16.10.52 Proceeding. See page 17 Township) *.Mulgrave . . . . 16.8.51 2.10.51 Advanced Narracan (Moe- 12,400 12.8.46 12.11.46 11.3.52 Awaiting approval of Governor in l'fewborough Township) Council. See page 16 Narracan (Trafalgar 2,500 19.7.51 No progress and Yarragon Town­ ships and surrounding areas) Numurkah . (Numurkah 2,500 11.8.47 2. 9.47 No progress during the year Township) Numurkah (Katunga 100 17.4.52 27.4.54 No progress Township) Portland (Heywood 900 ! 9.8.46 Interim Development Order Township) revoked Seymour (Seymour 3,700 9.9.46 23.11.48 30.4.52 Scheme to be revised by Council Township) Swan Hill (Robinvale 250 13.5.47 10.6.47 Inactive Township) Tambo (Lakes Entrance 1,200 18.6.52 Inactive Township) Traralgon (Traralgon 9,000 { 5.9.46 14.1.47 fl Township) 4.8.49 23.8.49 Well advanced. See page 17 Warragul (Warragul 5,300 5.47 22.7.47 7.3.52 Being finalized by Council Tow.nship) *Wernbee (Altona 17.10.46 10.4.51 Revision of scheme well advanced Riding) Werribee (Werribee 4,300 17 . 10 .46 25.3.47 Inactive Township) Werribee (Laverton 14.6.51 9.9.52 Inactive Township)

• In Hetropollta.n Platmlllll .\rea. 14

COMMENCED PRIOR TO 1sT JuLY, 1953--continued. (Position as at 30th June, 1954)--continued.

Date of Exhibition Scheme. Population [ Commenced. Approval of Period Remarks. in Area. I.D.O. Expired.

Joint CommiUees.

Geelong and District 72,600 14. 9.46 17.12.46 Draft scheme nearing completion. comprising­ See page 19 and Chilwell (part) (part) Shire of Bellarine (part) (part) Shire of South Barwon (part) Wangaratta and District 10,700 12.7.51 11.9.51 No progress during the year comprising­ Borough of W angaratta Shire of W angaratta Portland and District 4,800 18.11.52 20.1.53 Proceeding. See page 19 comprising- Town of Portland Shire of Portland and District 39,000 I Formation of Joint Planning comprising­ Committee under consideration Shire of Marong

Board as Responsible Authority.

Club Terrace Township 50 5.6.52 24.6.52 23.12.53 Awaiting approval of Governor in (Shire of Orbost) Council Eildon Sub-Region 2,300 30.11.49 1.5.52 Approved by Governo'f in Council on 26th May, 1953 Gelliondale 500 : 19.2.51 18.12.51 Area being protected by Board's Interim Development Order Latrobe Valley Sub- 5,000 28. 7. 48 26.5.50 Approved by Governo'f in Council Region on 24th July, 1951 Ocean Road compnsmg 5,500 18.9.52 11.11.52 } Draft scheme nearing completion. portions of­ 16.6.53 I See page 18 Shire of Barrabool Shire of South Barwon Tyers Township 150 30.10.50 7.8.51 30.4.52 Awaiting approval of Governor m Council Ya.llourn North Town­ 1,500 30.10.50 31.7.51 30.4.52 Awaiting approval of Governor m ship Council. See page 17

Melbourne and Metro­ politan Board of Works as Responsible Authority.

Metropolitan Planning 1,484,500 11.1.50 Scheme proceeding to schedule as Area (comprising forty- required by the Act. See page 20 three (43) municipal districts)

• In Metropolitan Planning Area. 15

CoMMENCED SmcE 1sT JuLY, 1953-continued. (Position as at 30th June, 1954)-continued.

I, Date of Exhibition Scheme. Population Commenced. Approval of Period Remarks. In Area. I.D.O. Expired.

Cities. *Brunswick (3) . . . . 5.10.53 .. 23.11.53 Appr01)ed by Governor m Council on 16th June, 1954 *Coburg (2) (part) . . . . 18.9.53 10.11.53 .. Proceeding *Coburg (3) (zoning) . . . . 13.11.53 6.4.54 .. Proceeding *Moorabbin (1952) . . 21.6.54 . . .. Amendments No. 1-3 on public (Amendment No. 1) exhibition until 25th July, 1954 *Moorabbin (1952) . . 21.6.54 . . .. (Amendment No. 2) *Moorabbin (1952) . . 21.6.54 .. . . (Amendment No. 3) *Moorabbin (1952) . . 21.6.54 . . .. (Amendment No. 4) *Oakleigh (part) . . . . 15.2.54 . . .. *Oakleigh (whole) .. . . 1.3.54 . . . . }Proceeding

Boroughs. Port Fairy (part) .. . . 24.2.54 1.6.54 . . Proceeding

Shires. *Broadmeadows (Part 1) . . 8.9.53 .. 9.10.53 Awaiting approval of Governor in (Amendment No. 2) Council *Eltham (part) . . . . 9.3.54 19.5.54 .. Proceeding Fern Tree Gully . . 25,000 7.6.54 . . .. Base maps· being prepared. Se(t page 22 Numurkah (additional . . 1.3.54 8.6.54 .. areas) Rodney (Township of 1,900 28.6.54 . . .. Tatura) Wodonga .. . . 5,200 4.11.53 . . .. No progress

Board as Responsible Authority.

Latrobe Valley Sub- . . 6.8.53 .. 26.10.53 Approved by Governor ~n Council Regional Planning on 22nd June, 195(. See page Scheme, Amendment 15 No. 1, 1953

• In Metropolitan Planning Area. Population in areas outside the Metropolitan Planning Area for which a planning scheme has been commenced or approved 374,310 Population in Metropolitan Planning Area . . . . 1,484,500 Total population within areas for which a planning scheme has been commenced or approved . . 1,858,810 Estimated population of Victoria .. . . 2,448,697

LATROBE VALLEY SUB-REGIONAL PLANNING SCHEME. AMENDMENT No. 1, 1953. 10. As intimated in its Eighth Annual Report, this Board concurred with the suggestion of the Latrobe Valley Development Advisory Committee that development over those brown coal areas which were included within the boundaries of the Morwell Planning Scheme may be more expeditiously defined and protected by an amendment of the Latrobe Valley Sub-Regional Planning Scheme which would include the necessary areas. It was also explained that such an amendment would have the effect of giving statutory significance to the town boundary of Morwell in this area, generally in accordance with a previous Government decision, and would also relieve the Council of the Shire of Morwell of certain responsibilities in exercising interim development control in furtherance of these objects. 16

11. In July, 1953, you requested the Board to prepare an amending planning scheme. This scheme, which was duly commenced and carried through the necessary stages in accordance with the requirements of the Act, was approved by the Governor in Council in June of this year. 12. While the major purpose of the amending scheme was to determine that portion of the boundary of the town of Morwell and to protect the area over winnable coal, advantage was taken of the opportunity to introduce some general minor amendments which would overcome certain administrative difficulties brought to notice since the approval of the Latrobe Valley Sub-Regional Planning Scheme in July, 1951. 13. These general amendments relate to the Agricultural "A" Zone and are designed to overcome special cases, such as the construction of an additional house on a property where a farmer and son may require separate title to home sites lesser in area and frontage than the minimum requirements prescribed in the original scheme. This provision is subject to the aggregate frontages and areas being maintained. 14. The provisions of the original scheme were also relaxed in regard to the application of the minimum house site requirements in relation to irregular allotments and allotments which were existing at the date of approval of the scheme, but did not comply with the minimum frontage and area prescribed. 15. In the Agricultural " B " Zone, the minimum site area for a house, in all cases, was raised to 10 acres. SHIRE OF NARRACAN. MoE-NEwnoRucGH PLANNING ScHEME. 16. Subsequent to 30th June, 1953, the Council of the Shire of Narracan brought the 1\foe-N ewborough Planning Scheme through its final stages and, after adopting the scheme, forwarded· it to the Jlinister in September, 1953, for the approval of the Governor in Council. 17. The provisions of the scheme were examined by this Board and a report recommending its approval, subject to some minor amendments, was forwarded to you early this year. 18. The planning scheme for 1\foe-Newborough fits into the general framework of the approved sub-regional planning scheme for the Latrobe Valley and provides the more detailed planning requirements of the 1\foe-N ewborough area which was excluded from that scheme. 19. The scheme provides for residential zones sufficient to accommodate approximately 28,000 people, which is about three times the present population. 20. The extensive developments carried out by the Housing Commission and the State Electricity Commission paid due regard to the proposals of the planning scheme with the result that many of the major parts of the scheme are no longer proposals but form a substantial part of pre-planned existing developments. 21. Much use has been made of the natural topographic features, such as the water courses, which are planned to supply a considerable portion of the recreational requirements of the towns and also have the effect of dividing the residential sections into well-defined communities. 22. The commercial and business zones in the central area are sufficient for the planned residential population. Local shopping zones of the requisite size have been set aside in locations selected to best serve the every-day needs of the residential communities in which they are situated. 23. The zones for light and heavy industry are located on land less attractive fo:r residential development and, together with the adjacent industrial zones in the Latrobe Valley Sub-Regional Planning Scheme, should provide sufficient land for this purpose for many years. 24. The Country Roads Board's proposals for the deviation of the Prince's Highway and the main road to Yallourn are incorporated in the scheme and the proposals are designed to limit access to the "through traffic" carriage-ways as far as practicable. TOWN AND COUNTRY PLANNING I::SUAHU I

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YALLOURN NORTH PLANNING SCHEME. 26. This planning scheme, which was prepared by the Board pursuant to Section 4 of the Act, was submitted for the approval of the Governor in Council on 18th June, 1953, but, bf.fore its approval, the State Electricity Commission sought a modification of the scheme with the object of enabling the retention of the recreational area on relatively fiat land within the town area. 27. Although the difficulty of selecting a suitable and convenient site to replace the area originally used for recreation was appreciated by the Board when the scheme was being prepared, and representations were made accordingly, the urgency of the housing situation at that time prevented the Commission from agreeing to allocate this part of its land for recreational purposes. 28. The subsequent financial stringency and curtailment of the housing project, coupled with the insistence of the local people for recreational facilities, led to the request for a modification of the plan. 29. After seeking the views and agreement of the Council of the Shire of Narracan, the plan has been amended by the Board to provide for the siting of the recreation area in a central location. Some variations to the school ground and the street lay-out have also been made as consequential amendments. 30. At 30th June, 1954, the planning scheme, as amended, is now ready for submission for the approval of the Governor in CounciL

SHIRE OF MORWELL. MoRWELL PLANNING ScHEME. 31. In the Board's last Annual Report, reference was made to the regrettable delays that had taken place in the completion of this scheme. It was also reported that the Latrobe Valley Development Advisory Committee had recommended that the town boundaries be altered so as to remove some obstacles to the plan by transferring the areas concerned to the sub-regional planning area. The Board took action along these lines and an amendment of the Latrobe Valley Sub-Regional Planning Scheme was approved by the Governor in Council. 32. The Board has since been pleased to learn that the . Council has now resolved to finalize the Morwell Planning Scheme and to submit it for the approval of the Governor in CounciL YINNAR AND BooLARRA PLANNING ScHEMEs. 33. Although these planning schemes were completed by the Council over a year ago, as reported in the Board's Eighth Annual Report, they have not yet been submitted to the Minister. The Board assumes that;, as the Council has now reached finality on the much more important Morwell Scheme, it "·il] not further delay the transmission of thes6 smaller schemes. . TRARALGON PLANNING ScHEME. 34. Considerable progress has now been made towards the completion of the Traralgon Planning Scheme, and many of the matters which were causing delay, through the necessity for negotiation with other authorities, have been resolved. 35. During the year, the Board discussed certain of the planning proposals with the Council's planning consultants, and it is understood that the scheme is now almost readv to be placed on public exhibition. The completion and adoption of this plannina scheme by the Council will mean that all the major towns in the Latrobe Valley Sub-Region will be benefiting from planning schemes wl.tich will guide their future growth. 259/55.-1 18

36. The Council, by the use of the powers under its interim development order, has consistently protected the planning proposals. It is, therefore, desira.ble that the submission of the scheme for public exhibition and its subsequent adoption should not be unduly delayed. The approval of the planning scheme in due course by the Governor in Council will remove the uncertainties of interim control and will define and enable its provisions to be clearly understood by the public.

EILDON SUB~REGIONAL PLANNING SCHEME. 37. As previously reported, this planning scheme, prepared by the Board pursuant to Section 4 (2) of the Act, was approved by the Governor in Council on 26th May, 1953. Since that date, the responsibility for the administration and enforcement of the scheme has rested with the Council of the . 38. The announcement in June of this year that the township of Eildon, built by the State Rivers and Water Supply Commission to house the staff and workmen engaged on the Big Eildon project, would be offered for sale was noted with interest by the Board. 39. As the detailed planning of the township is included within the general framework of the sub~regional plan, its future development by private interests will be governed by the provisions of the planning scheme.

CLUB TERRACE PLANNING SCHEME. (SHIRE OF 0RBOST.) 40. In October, 1953, following discussions with the Department of Crown Lands and Survey and the Forests Commission, the planning scheme for Club Terrace was placed on public exhibition for three months in accordance with the requirements of the Act. During this period, objections to the planning proposals were invited and copies of the scheme were made available to the Lands Department, Forests Commission, and the Council to enable a detailed examination of its provisions to be made. 41. No objections to the planning scheme were submitted. 42. The scheme was, therefore, adopted by the Board and, on 6th May, 1954, was submitted to you for the approval of the Governor in CounciL 43. Already several new developments have taken place in compliance with the adopted scheme.

OCEAN ROAD PLANNING SCHEME. 44. The base maps for this planning scheme were completed during the year, and all relevant information regarding existing land uses and particular scenic areas has been collected and compiled. 45. The completion of this task has enabled the planning proposals to be advanced to the stage where the interested public authorities and the Councils concerned can be invited to discuss the provisions and objects of the scheme on a fairly definite basis. It is intended to arrange such discussions at an early date prior to the scheme being placed on public exhibition. 46. The Board considers that the protection and preservation of the scenic stretches of the Ocean Road between existing centres of population is more urgent at this stage than the planning of the various towns and, therefore, planning efforts so far have been directed towards finalizing the scheme provisions for these sections of the road. 47. A number of the areas included in the planning scheme is becoming increasingly popular as camping and caravan sites, and due consideration and encouragement are being given to this type of use, provided that the scenic beauty of such areas is not spoiled and that the requisite provisions are made in regard to such matters as sanitation. The erection of sub-standard holiday shacks, such as have already been established in certain areas, will no longer be permitted. 48. During the year, 24 applications for development permits under the Board's interim development order were received ; 20 of these were granted. 19

49. All applications for development permits are transmitted to the Board through the council concerned, and the council is invited to submit, with each application, its comments on the particular proposal. Likewise, permits or decisions of the Board are forwarded to the council for transmission to the applicant. The Country Roads Board has continued to render valuable assistance by commenting on any applications in respect of land fronting or adjacent to the Ocean Road.

GEELONG AND DISTRICT JOINT PLANNING SCHEME. 50. The very rapid growth of the Geelong district over the past few years has delayed the completion of the planning scheme by necessitating the diversion of a good deal of effort into the control and guidance of current development. By the use of powers of interim control the Joint Planning Committee has been able to ensure that the rapid development which is taking place is in accordance with the draft planning proposals. Much of the scheme has, therefore, already been implemented. 51. Certain other problems which have been causing delay, such as the determination of the planning proposals for the central commercial area, are now almost resolved, and it is anticipated that the draft planning scheme will be ready for public exhibition early in 1955.

PORTLAND AND DISTRICT JOINT PLANNING SCHEME. 52. Satisfactory progress has continued to be made by the Portland and District Joint Planning Committee in the preparation of the planning scheme for the town and adjacent portion of the Shire of Portland and the Board understands that the draft planning scheme has now almost been completed. 53. Consultation with the Portland Harbour Trust and the Victorian Railways has resulted in agreement being reached on the general principles involved in the new location of the railway connexion to the port, and it is understood that the Harbour Trust is proceeding to acquire the land necessary for this importan~ project. 54. Negotiations are also proceeding satisfactorily in regard to the proposed civic centre and the Department of the Interior has been approached with a view to an exchange of the present post office, which is on portion of the proposed civic centre site, for vacant land in the principal business area. Public and municipal buildings already existing on the site selected will form the nucleus of the proposed civic centre, and it is intended that further allocations of land will be made for other public buildings as sites are required. 55. It is now anticipated that the draft planning scheme will be completed by the Joint Planning Committee within the next few months for preliminary discussion with the two councils concerned and this Board.

PROPOSED BALLARAT AND DISTRICT PLANNING SCHEME. 56. During the year, the Board was invited to attend a conference at Ballarat, convened by the Ballarat City Council with the object of discussing the preparation of a joint planning scheme for Ballarat and district. In addition to this Board, representatives of the following councils and authorities attended the conference:- City of Ballarat ; Shires of Ballarat, Bungaree, Buninyong, and Grenville ; Postmaster-General's Department; State Electricity Commission; Country Roads Board; Ballarat Water Commission; Ballarat GaE Company; Central Highlands Regional Committee; and Greater Ballarat Association. 57. The conference affirmed the desirability of a joint planning scheme, embracing an area which would coincide with the Ballarat Water Supply District, and it was agreed that a further conference of the municipalities concerned should be arranged to enable details concerning the formation of a joint planning committee to be discussed. 58. This further conference was held in October last but, owing to the difficulty of obtaining the requisite data on which to base discussion on such matters as estimate of cost, proportional contribution and basis of representation on the proposed joint planning committee, no firm decisions were reached. It was agreed to await the compilation of this data before again meeting. 20

59. The Board trusts that the information required to enable the proposal to form 1':1. joint planning committee to be further discussed by the councils concerned will be available at an early date and that positive action will be taken to commence the preparation of a joint planning scheme for Ballarat and district. 60. Recent developments in the establishment of new industries in the have been assisted by the fact that the council had advanced planning proposals defining suitable areas for housing and industry. A planning scheme for the whole district could result in further encouragement being given to similar types of development. 61. The future expansion of this important provincial centre and the protection of its numerous attractive features should be guided by a practical planning scheme for the whole area, similar to that for Geelong and district which is now nearing completion.

METROPOLITAN PLANNING SCHEME. 62. The general outlines of the planning scheme being prepared by the Melbourne and Metropolitan Board of "\Vorks for the metropolitan area were revealed to the public in a Report and Analysis which was distributed in November of last year. This Report, with a wealth of maps, diagrams, and photographs, was extremely well produced, and created widespread public interest. 63. The public interest was further stimulated by an excellent exhibition of maps, models, and other material illustrating the planning proposals. This exhibition was officially opened by the Minister of Public Works on 16th November, 1953. 64. At the end of November, 1953, the ordinance and such part of the planning -scheme maps affecting each particular municipality within the metropolitan planning area, were made available for public inspection at each of the 41 municipal offices. The complete maps and ordinance covering the whole of the metropolitan area were also available for inspection a.t the offices of the Board of Works and this Board. 65. This procedure enabled a more critical examination of the planning proposals by interested organizations and persons before the commencement of the three months' statutory exhibition period, which was delayed pending the passage of amending legislation. This amendment of the Act was considered necessary to clarify a doubt as to the number of plans which were required to be exhibited at each municipal office. The new legislation, which also contained revised provisions relating to the manner of dealing with objections to the scheme, was enacted by Parliament during this year and became effective on 11th May, 1954. 66. During the period between November, 1953, and April, 1954, when the scheme was available for preliminary inspection, a number of matters was brought to the notice of the Board of Works by interested parties. This resulted in some modifications being incorporated in the scheme to be presented during the statutory exhibition period, which was expected to follow soon after the enactment of the amending legislation. 67. By proclamation of the Governor in Council in May, 1954, the metropolitan area, for planning purposes, was extended to include portions of the Shires of Berwick and Cranbourne contiguous to the Shire of Dandenong. These areas were included so as to enable planning direction to be given to the considerable industrial and other development taking place in the locality. 68. Under present legislation, the ultimate enforcement and carrying out of that part of the scheme which relates to any municipal district becomes the duty and responsibility of the council of that municipality. 69. While the general provisions of the Metropolitan Planning Scheme have been made known to the public prior to the statutory exhibition period, no interim development control is being exercised by the Board of \Vorks. This Board has consistently advocated the necessity for such control. The protection of the planning proposals up till the approval of the planning scheme is essential to prevent any wrong development or expenditure of capital on land reserved for public uses which would thereby increase the ultimate cost of acquisition. 21

70. This very necessary control was held in abeyance pending the passage of amending legislation which would simplify the making and administration of the enabling order to avoid undue delay and inconvenience to persons applying for permits. The legislation which was passed in May last should be followed by the introduction of a control which would give planning protection until the scheme is approved. 71. In the exercise of interim control, it will be necessary to refuse a limited number of applications to develop. In such cases where the land is reserved for public purposes, an owner may require the authority to purchase the land or to pay compensation because its development has been prohibited. 72. To enable the satisfaction of claims for compensation for land to be acquired for works which are metropolitan in character, this Board has, on numerous occasions, and in its previous Annual Reports, recommended the establishment of an improvement fund from which disbursements could be made for such purposes. 73. The completion of the metropolitan planning scheme will necessitate the partial and gradual implementation of the proposals contained therein, even in advance of the approval of the scheme. The provision of some form of Metropolitan Improvement Fund is, therefore, becoming an increasingly urgent matter.

CITY OF MOORABBIN PLANNING SCHEME 1952. 74. Progress on this planning scheme, which embraces the remaining part of the municipality not covered by the approved scheme for Section 1, has continued to be maintained. 75. The scheme was placed on exhibition for the three months ending 30th October, 1953, and the objections received during this period were considered by the council. After dealing v.rith the objections and modifying the scheme in accordance with the determinations made, the council adopted it and submitted it to the Minister for the approval of the Governor in Council in December, 1953. 76. As the scheme is mthin the metropolitan planning area, it was referred to the Board of Works for a report pursuant to Section 3 (2) of the Town and Country Planning (Metropolitan Area) Act 1949. 77. As at the 30th June last, the scheme and the report of the Board of Works was being examined by this Board. 78. Although the provisions of the zones in the scheme submitted by the council are largely in agreement with the Board of Work's planning proposals, there are many matters of metropolitan concern, such as main road reservations and major parks, included in the Board of Work's scheme which, so far as practicable, should be protected by zoning provisions until the metropolitan plan is finally determined. 79. This Board's examination of the Moorabbin Scheme has also necessitated an examination of the metropolitan scheme in this part of the metropolis but, notwithstanding the large amount of work involved, it is hoped to be able to report to the Minister at an early date.

CITY OF CAMBERWELL PLANNING SCHEME. 80. The continued operation of interim development orders over long periods is not favoured by the Board and, as a result of this policy, the Camberwell City Council was informed, in October, 1953, of the desirability of the planning scheme being further advanced before its interim development order again became due for renewal. 81. Further progress was made in the preparation of the planning scheme and following the Board's recommendation, the extension of the interim development orde; for a further twelve months was approved by the Governor in Council. 82. The scheme is now being brought to its final stages by the Council and it is understood that it is almost ready for public exhibition. 22 83. The Council's scheme has been prepared in close co-operation with the Melbourne and Metropolitan Board of \V orks which is concurrently preparing the overall plan for Metropolitan Melbourne. The two schemes follow similar lines, but the Council's scheme does not incorporate those provisions in the Board of Work's plan which are metropolitan in nature and could involve local financial responsibility. The Council's scheme does, however, protect those provisions in as practical a manner as possible.

CITY OF RICHMOND PLANNING SCHEME. 84. The exhibition period of the City of Richmond Planning Scheme terminated on the 2nd July, 1953, and a total of 75 objections was received. In view of the fact that a number of these objections were from industrial and commercial firms with long­ established factories and premises in the area of the municipality, it was decided that the objections should be heard at a number of Council meetings to enable the legal representatives to co-ordinate the objections of their individual clients. 85. The principal objections which the Council had to consider resulted from a provision in the scheme which was designed to protect existing houses and to prevent a further mixing of industrial, commercial, and residential uses within the city. 86. As at 30th June, 1954, the Council is proceeding with the consideration of the remaining objections to the scheme, and has indicated that, within a reasonable period of time, the planning scheme will be adopted and submitted for the approval of the Governor in Council.

SHIRE OF FERNTREE GULLY PLANNING SCHEME. DANDENONG RANGES. 87. The desirability of preparing a planning scheme for the Shire of Ferntree Gully, particularly that portion embracing the Dandenong Ranges, was stressed in the Board's last Annual Report, and the need for the production of a suitable base map for planning, and other purposes, was also emphasized. 88. During the year, as a result of representations made to the Minister, and conferences between the Shire Council and this Board, arrangements were finalized for the mapping of the requisite areas. The general mapping and topography of the area will be compiled from aerial photographs by the Aerial Survey Branch of the Department of Crown Lands and Survey, while much of the detailed information relating to land subdivisions and development is being compiled by the Council. A combination of this information will enable the production of a complete map at an early date. 89. In June of this year, the Council of the Shire of Ferntree Gully resolved to prepare a planning scheme for the whole Shire and has appointed an officer of the Council to devote his time to the collection and compilation of the requisite information which will precede the preparation of the planning scheme. 90. In taking these effective steps, which will encourage the development of the Shire in an orderly and economic manner, and at the same time give the necessary protection to the scenic areas under its control, the Council merits the highest commendation of all who derive so much pleasure and recreation from the Dandenong Ranges. 91. This Board is extremely gratified that its conferences with the Council have resulted in the commencement of a scheme which will undoubtedly be of such far reaching benefit.

MORNINGTON PENINSULA. 92. During the year, the Board was represented at two conferences convened by the Shire of Mornington, to which delegates from the Shire of Frankston and Hastings and Shire of Flinders were invited to discuss the proposal to prepare a joint planning scheme for the Mornington Peninsula. 93. The representatives of the three councils discussed the question of the formation of a joint planning committee, and tentatively agreed on the area which might be included in the scheme, and the proportion of the cost of preparation which might be borne by each municipality. The recommendations of the conference were then submitted to each of the councils concerned. 23 94. The Council of the Shire of Frankston and Hastings, which had already made considerable progress in the preparation of a planning scheme for the more rapidly developing portions of its municipality, intimated to the convening council (Shire of Mornington) that it preferred to complete its own planning scheme which was already well advanced. Portion of the area included in the Frankston and Hastings planning scheme is also within the metropolitan area being planned by the Board of \Vorks. 95. The Mornington Shire Council, upon receiving this advice from the Council of the Shire of Frankston and Hastings, then decided to proceed with a scheme for the whole of its municipality. 96. As at 30th June, 1954, the Flinders Shire Council had not embarked on the preparation of a planning scheme, but it is known that that Council's interest has not diminished by reason of the decision of the other two Councils to plan within their own municipal areas. 97. While the conferences which were held did not result in the formation of a joint planning committee, it was readily appreciated by the councils concerned that the planning problems of the Mornington Peninsula were common to all. Offers to co-operate with the adjoining councils were made by those deciding to plan v.rithin their own municipalities, and the Board will endeavour to assist a co-ordination of the respective planning schemes.

CITY OF SHEPPARTON PLANNING SCHEME. 98. The Board, in its last Report, stated that the Council of the had resolved to place its planning scheme on statutory public exhibition. During the exhibition period, which was from 3rd September to 3rd December, 1953, a total of nineteen objections was received. These objections were dealt with and, in February of this year, the scheme was forwarded by the Council for the approval of the Governor in Council. 99. At the end of March, 1954, the Council submitted a further interim development order for approval as it was becoming apparent that development contrary to the plan was contemplated in the area not covered by the existing orders, which protected only portion of the planning area. This development, if carried out, would have had the effect of nullifying certain of the planning proposals. 100. The interim development order was recommended for approval by the Board, and was subsequently approved by the Governor in Council on 13th April, 1954. In the meantime, the scheme, as submitted, was examined by the Board and, as at the 30th June, 1954, the Board's report on the planning scheme is being finalized. 101. Although the Council of the City of Shepparton was one of the first municipalities to become interested in the preparation of a town plan, little progress had been made to prepare a planning scheme under the provisions of the Act until late in 1951. During the two years in which the planning scheme was actually being prepared, the Council and its officers conferred with the Board on a number of occasions and maintained a continuous planning effort which has now resulted in the completion of a practical scheme for this important country centre.

SHIRE OF BENALLA PLANNING SCHEME. 102. In May, 1953, the Council of the resolved to prepare a planning scheme for that part of its municipal district adjoining and surrounding the Borough of Benalla. At that date the Council and its officers had already conferred with most of the interested authorities and had prepared a draft planning scheme. 103. The completed planning scheme was placed on public exhibition from 1st June to 31st August, 1953, and, during this period, only four objections were r.eceived. As a result of the Council's consideration of these objections, certain modifications were made to the planning scheme, and it was subsequently adopted and forwarded for approval in February, 1954. 104. The Board's examination of the scheme is now 3lmost completed and, due largely to the fact that a close liaison between the Council and the Board was maintained during the period of its preparation, it is considered likely that very few modifications will be necessary. 24 105. When approved, the scheme will regulate the development of the rural areas adjacent to Benalla by preventing ribbon and scattered development. Care has been taken to ensure that the future expansion of the town is not unduly restricted and, therefore, provision for limited residential zones is included in the planning scheme. The scheme also includes reservations for two new roads on the northern and southern side of the town. These routes are protected from building development until such time as the roads are required.

LAND USE ZONING-BY-LAWS UNDER LOCAL GOVERNMENT ACT. 106. During the twelve months ending 30th June, 1954, 50 zoning by-laws, prepared and submitted for approval pursuant to Section 197 (xxxviii) of the Local Government Act, were examined and reported upon by the Board. 107. These by-laws were submitted by the municipalities listed below. Where more than one by-law was submitted the number is indicated after the name of the council concerned :- Cities- Ballarat, Box Hill, Brighton, Coburg, Collingwood, Essendon (3), Fitzroy, Footscray (15), Heidelberg (2), Kew, Melbourne (3), Moorabbin (2), Northcote (2), Oakleigh (3), Prahran (2), Sandringham (3), St. Kilda, Sunshine, and Williamstown. Borough­ Echuca. Shires- Alexandra, Broadmeadows, Lillydale, and Marong.

108. In most cases it has been necessary for the Board to make an inspection of the land referred to in a proposed amending by-law and, in a number of instances, it has been found that development or a change of use has already been commenced or established in anticipation of the Governor in Council's approval. 109. Machinery exists under the Local Government Act for the amendment of municipal by-laws, and the practice of permitting development contrary to an existing by-law before such an amendment is effected is one that should be firmly discouraged. Any person carrying out development contrary to the provisions of a by-law, in anticipation of the Governor in Council's approval of an amendment, could be placed in a most embarrassing position if the amendment were not approved, and may be able to substantiate a claim where a council has issued a permit contrary to its existing by-laws. 110. It has also been noted that many of the amendments that have been submitted are in respect of by-laws which are based on the early provisions of the Local Government Act and merely prescribe various types of residential areas in which houses, houses and shops, or houses and factories are permitted. A mixed and undesirable type of development is encouraged by by-laws framed in this manner.

111. In reporting on these by-laws, the Board has drawn attention to the powers available under the 'rown and Country Planning Acts to prepare a zoning scheme and, in a number of cases, has recommended the Council to consolidate its existing by-laws by the preparation of such a scheme. 112. The Board regards this duty of examining and reporting on zoning by-laws as a most important one and a detailed review of each case is made before the Board's report goes forward to the Minister. In the majority of by-laws submitted the Board has been able to recommend approval by the Governor in Council.

UNIFORM BUILDING REGULATIONS. 113. Following the appointment of the Building Regulations Board of Inquiry this Board was invited, in February, 1954, to make representations on any matters which it considered came within the terms of reference of the Board of Inquiry. 25

114. In making its submissions, the Board again drew attention to the recommendations contained in its Third and Eighth Annual Reports in regard to those portions of the Uniform Building Regulations affecting the height, area, and bulk of buildings and the space about them. 115. The Board considers that such matters can be more adequately covered in an approved planning scheme, and has consistently recommended an amendment of Clause 201 of the Uniform Building Regulations to provide for the suspension of Chapters 8 and 9 of those Regulations insofar as they are inconsistent with the provisions <{)f an approved planning scheme.

REGISTRATION OF FACTORIES. 116. The Labor and Industry Act, No. 5771, which was enacted in 1953, overcomes a difficulty experienced by councils for many years in obtaining an observance of by-laws dealing with zoning matters. 117. Section 51 of this Act now requires that any person who applies for the registration of a factory shall forward an application, as prescribed, to the council as well as to the Secretary of the Department of Labour and Industry. If the council notifies the Secretary of the Department, within one month of the receipt of the application, that th~ establishment of the factory or the process or trade to be carried on would contravene ·its municipal by-laws, the premises would not be registered. 118. Before the advent of this legislation a person who, in ignorance of municipal by-laws, sought and was granted registration of premises for a factory, frequently found that the use was not permissible under the municipal by-laws. The former procedure, in such cases, often resulted in much inconvenience and expense to the person affected. 119. Most planning schemes approved by the Governor in Council provide, in accordance with the Town and Country Planning Act, for the suspension of by-laws and regulations inconsistent with the provisions of the scheme. Therefore, an approved planning scheme "Would, in most cases, supersede the relevant by-law provisions. It is considered that the Labour and Industry Act should be amended to include a reference to the " provision:;; of an approved planning scheme ", as well as to municipal by-laws. A recommendation has been made to the Department suggesting that consideration should be given to such an amendment. 120. Until an amendment along the lines suggested is incorporated, any council administering a planning scheme should inform the Department if the granting of any registration would be contrary to the provisions of an approved planning scheme.

HOUSING COMMISSION AND TOWN PLANNING. 121. During the year, certain amendments to the Housing Act were enacted which, .amongst other things, enable the Housing Commission to participate in a joint planning scheme, under the provisions of the Town and Country Planning Acts, with the council ·of any municipality as if the Commission, in relation to such area, were the council of an .adjoining municipality. 122. Whilst the Housing Commission has not, as yet, availed itself of these provisions, the Board feels that considerable mutual benefits could result where, in the development -of the larger Housing Commission estates, the Commission and the council concerned jointly prepare a planning scheme under the Town and Country Planning Acts.

SPECIAL USE ZONES. 123. In the preparation of a planning scheme, land is allocated to various zones in accordance with the estimated requirements of each use and the suitabilit.y of the land for that purpose. 124. According to the type of zone planned, the necessary provisions can be made for the siting of land required for the various public purposes, such as schools and recreation areas. These areas will necessarily need to be purchased and controlled by the authority concerned. 259/55.-3 26

125. i\Iany private uses, such as private schools, churches, &c., which are ancillary to the predominant use prescribed for a residential zone, are normally permitted in such a zone, as their precise location is not usually vital. Those desiring to establish such uses are thereby not restricted in their choice of location.

126. It often happens, however, that areas of privately-owned land are being used for some defined purposes, and are supplying a section of the community with some special facility. Such facilities as large private or denominational schools, golf links, racecourses, and similar uses, although privately owned, are fulfilling a public need, and every encouragement should be given for these uses to continue.

127. As many of the areas held in this manner are large, an examination of the general planning requirements of the locality is desirable before any change of the existing use is allowed.

128. The inclusion of these areas in Special Use Zones, in which the uses permitted are limited to those existing or likely to be needed in connexion there\Yith, appears the most satisfactory way of encouraging the continuance of such uses. As a change of use would require an amendment of the planning scheme, any circumstances favouring the discontinuance of such a use, which might have arisen over a period of time, could be given detailed consideration in the amending scheme. . 129. Since the uses to which any land and buildings situated in a Special Use Zone may be put, are limited to those specified for the zone, the assessment of a valuation for rating purposes, based on such limited uses, may pose some difficulty. Under some circumstances, an area zoned and used for private recreational purpoBes, which could not attain a value for any other purpose until its use for such purpose \,-as permitted by an amendment of the planning scheme, may be much lower than adjacent land in another zone. 130. This, therefore, could have the effect of reducing the amount of rates payable by the particular owners during the period that such use is supplying to the community a facility for which some public provision would otherwise have to be made. 131. The restriction of the permitted uses in an area to those specified in a Special Use Zone would not prejudice a later change under an amending planning scheme or destroy any potential that the area may have acquired.

PLACE KA:.\JES. 132. 1n the Report of this Board for the year ending 30th June, 1951, special attention was drawn to the extremely unsatisfactory position that applies by the duplication, triplication, and other confusions of names of towns, geographical features, &c. Much public support \vas given to the comments expressed by the Board at that time, and it was obvious that there was general approval for the recommendations made. 133. In May, 1952, a representative conference of interested authorities, under the chairmanship of the Surveyor-General, unanimously supported the proposals put forward by this Board and recommended the formation of a Nomenclature Committee. 134. The conference further agreed that, because of the delay which might occur in securing an amendment of the Land Act to provide for the formation of a statutory committee, an advisory Komenclature Committee should immediately be established. 135. No further action has so far been taken.

136. There is a growing need for some authority to advise on the selection of place names and to remove anomalies and confusion already existing and the Board feels that a great deal of practical work could be done by an advisory committee pending legislation for the establishment of a statutory body. 137. For some years the K omenclature Board of Tasmania and the N omenelature Committee of South have functioned most effectively as advisory bodies, and have secured the full co-operation of all authorities concerned. V V 27

VISITS BY THE BOARD. 138. In the course of official duties, the following centres outside the metropolitan area were visited by :Members and officers of the Board during the year:- Airey's Inlet, Anglesea, Apollo Bay, Ballarat, Barwon Heads, Benalla, Colac, Cowes, Dandenong, Daylesford, Echuca, Geelong, Lorne, ~1ornington, :Morwell, Seymour, Shepparton, Swan Hill, Tatura, Torquay, \Varragul, \Varrnambool, Wodonga, and Yarrawonga.

STAFF. 139. The growing volume of town planning work being carried out in this State, together with the fact that many of the planning schemes in course of preparation are now reaching their final stages, has caused increasingly heavy demands on the Board's small staff'. 140. Numerically the staff has not exceeded ten persons. 141. The Board desires to record its appreciation of the enthusiastic and capable manner in which all members of the staff have performed the duties allotted to them during the past year. Yours faithfully, F. C. COOK, Chairman. A. N. KEMSLEY, :Member. A. C. COLLIXS, Member. NOEL L. L YNEHA:M, Secretary. BRUCE J. OPIE, Chief Planning Officer.

By Authority: W. M. HoUSTON, Government Printer, Melbourne