Planning and Environment Act 1987

EAST PLANNING SCHEME

AMENDMENT C63

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Minister for Planning. The Minister for Planning is the planning authority for this amendment.

The amendment has been made at the request of East Gippsland Shire Council.

Land affected by the amendment.

The amendment applies to the following land:  Lot 1 TP 910014, Patons Road,  Crown Allotment 3 Parish of Ludrick-Munjie, 408 Kellys Road, Omeo Valley  Crown Allotment 30 Parish of Bingo-Munjie, 2855 Omeo Highway, Anglers Rest  Crown Allotment 1F Section 20 Parish of Tongio-Munjie West, 925 Cassilis Road, Swifts Creek  Lot 1 TP 180280, Lot 2 TP 180280 and Lot 3 TP 180280, 3447 , Chandlers Creek  Crown Allotment 1 Section E Parish of Tambo, Nicholson River Road, Waterholes  Lot 1 LP 87986, 65 Old Pub Road, Ensay  Crown Allotments 1A, 1B and 1C Parish of Loomat, Monaro Highway, Cann River  Lot 1 TP 644086, Lots 1 and 2 TP 119143 and Lot 1 TP 83883, 3130 Monaro Highway, Cann River  Crown Allotments 4A, 4B and 4C Parish of Loomat, 2516 Monaro Highway, Chandlers Creek  Crown Allotment 3C Section B Parish of Weeragua, 2930 Monaro Highway, Chandlers Creek  Crown Allotment 3F Section B Parish of Weeragua, 107 Buldah Road, Chandlers Creek  Crown Allotment 3L Section B Parish of Weeragua, 2960 Monaro Highway, Chandlers Creek  Lot 1 TP 756049, 3008 Monaro Highway, Chandlers Creek  Lot 2 TP 97920, 3019 Monaro Highway, Chandlers Creek  Crown Allotments 15 and 16 Section A Parish of Wangarabell, Wangarabell Road, Genoa  Crown Allotment 12A Parish of Karlo, 474 Upper Wingan Road, Wingan River  Crown Allotments 1A and 3A Section B Parish of Maramingo, 189 Yandown Road, Genoa  Lot 1 LP 336627, 32 Lakeside Drive, Mallacoota  Lot 2 LP 336627, 30 Lakeside Drive, Mallacoota  Lot 4 LP 517795, , Hillside  Lot 1 LP 528612, Princes Highway, Hillside  3 Collins Street,  67A Goold Street, Bairnsdale  67B Goold Street, Bairnsdale  Lot 2 LP 71079, 128 , Lucknow  Lot 2 LP 72400, 92 Great Alpine Road, Lucknow  21 Mitchell Street, Bairnsdale  Lots 1 and 2 LP 144976, Boole Poole Peninsula, Boole Poole

What the amendment does.

The amendment removes redundant and unnecessary provisions and corrects anomalies in the East Gippsland Planning Scheme. The proposed changes to the provisions and corrections required and the land(s) affected are:-

(1) Rezoning the following land(s) from Public Conservation and Resource Zone to Farming Zone – Schedule 1:-  Crown Allotment 3 Parish of Ludrick-Munjie, 408 Kellys Road, Omeo Valley  Crown Allotment 30 Parish of Bingo-Munjie, 2855 Omeo Highway, Anglers Rest  Crown Allotment 1F Section 20 Parish of Tongio-Munjie West, 925 Cassilis Road, Swifts Creek  Lot 1 TP 180280, Lot 2 TP 180280 and Lot 3 TP 180280, 3447 Monaro Highway, Chandlers Creek  Crown Allotment 1 Section E Parish of Tambo, Nicholson River Road, Waterholes  Lot 1 LP 87986, 65 Old Pub Road, Ensay  Crown Allotments 1A, 1B and 1C Parish of Loomat, Monaro Highway, Cann River  Lot 1 TP 644086, Lots 1 and 2 TP 119143 and Lot 1 TP 83883, 3130 Monaro Highway, Cann River  Crown Allotments 4A, 4B and 4C Parish of Loomat, 2516 Monaro Highway, Chandlers Creek  Crown Allotment 3C Section B Parish of Weeragua, 2930 Monaro Highway, Chandlers Creek  Crown Allotment 3F Section B Parish of Weeragua, 107 Buldah Road, Chandlers Creek  Crown Allotment 3L Section B Parish of Weeragua, 2960 Monaro Highway, Chandlers Creek  Lot 1 TP 756049, 3008 Monaro Highway, Chandlers Creek  Lot 2 TP 97920, 3019 Monaro Highway, Chandlers Creek  Crown Allotments 15 and 16 Section A Parish of Wangarabell, Wangarabell Road, Genoa  Crown Allotment 12A Parish of Karlo, 474 Upper Wingan Road, Wingan River  Crown Allotments 1A and 3A Section B Parish of Maramingo, 189 Yandown Road, Genoa

All of the above land(s) are privately owned, used and developed but they have been inadvertently zoned Public Conservation and Resource Zone which is a Public Land Zone. Rezoning the land(s) to Farming Zone – Schedule 1 is consistent with the ownership, use and development of the land(s), and, with that of adjoining or nearby privately owned, used and developed land. (2) Rezoning the following land(s) from Public Conservation and Resource Zone to Rural Conservation Zone – Schedule 1 (RCZ1) and Rural Conservation Zone – Schedule 3 (RCZ3) as specified :-  Lot 1 TP 910014, Patons Road, Omeo – to be rezoned to RCZ1  Lots 1 and 2 LP 144976, Boole Poole Peninsula, Boole Poole – to be rezoned to RCZ3

The above land(s) are privately owned, used and developed but they have been inadvertently zoned Public Conservation and Resource Zone which is a Public Land Zone. Rezoning the land(s) to RCZ1 and RCZ3 respectively is consistent with the ownership, use, development and characteristics of the land, and, with that of adjoining or nearby privately owned, used and developed land.

(3) Rezoning the following land(s) from Public Park and Recreation Zone to Residential 1 Zone:-  Lot 2 LP 71079, 128 Great Alpine Road, Lucknow  Lot 2 LP 72400, 92 Great Alpine Road, Lucknow

The above land(s) are privately owned, used and developed but they have been inadvertently zoned Public Park and Recreation Zone which is a Public Land Zone. Rezoning the land(s) to Residential 1 Zone is consistent with the ownership, use and development of the land(s), and, with that of adjoining or nearby privately owned, used and developed land.

(4) Deleting the redundant Public Acquisition Overlay 4 (PAO4) from the land Lot 1 LP 336627, 32 Lakeside Drive, Mallacoota, consequently deleting the redundant Map 23PAO from the Schedule to Clause 61.03 and rezoning the land from Farming Zone – Schedule 1 to Public Park and Recreation Zone (PPRZ). Rezoning the adjoining land Lot 2 LP 336627, 30 Lakeside Drive, Mallacoota from Public Conservation and Resource Zone to PPRZ.

East Gippsland Shire has acquired Lot 1 LP 336627, 32 Lakeside Drive, Mallacoota. Therefore the PAO4 applying to the land is redundant. Consequent on deleting this PAO4, Map 23PAO is redundant and it should be deleted from the list in the Schedule to Clause 61.03.

East Gippsland Shire also owns adjoining Lot 2 LP 336627, 30 Lakeside Drive, Mallacoota.

East Gippsland Shire manages Lots 1 and 2 LP 336627, Lakeside Drive, Mallacoota conjointly for public recreation and open space purposes. The PPRZ is appropriate for this public purpose.

(5) Deleting the redundant Public Acquisition Overlay 1 (PAO1) from the land(s) Lot 4 LP 517795, Princes Highway, Hillside and Lot 1 LP 528612, Princes Highway, Hillside, deleting the consequently redundant Maps 28PAO and 49PAO and deleting the listing of the maps from the Schedule to Clause 61.03. Rezoning that part of the land Lot 1 LP 528612, Princes Highway, Hillside that has been acquired by VicRoads but is zoned Farming Zone – Schedule 1 to Road Zone 1 (RDZ1).

The land(s) are two strips adjoining the Princes Highway, west of Bairnsdale. The land(s) have been acquired by VicRoads. Therefore the PAO1 is redundant. Consequent on deleting the PAO1, Maps 28PAO and 49PAO are redundant and should be deleted from the list in the Schedule to Clause 61.03. (6) Deleting the redundant HO6 heritage overlay from the land 3 Collins Street, Bairnsdale, deleting the redundant HO103 from the land 21 Mitchell Street, Bairnsdale and applying HO38 to the land 67B Goold Street, Bairnsdale.

The HO6 heritage place (house) was removed from 3 Collins Street, Bairnsdale in 2000. Therefore HO6 is redundant and should be deleted from the planning scheme map and the anomalous HO6 heritage place listing in the Schedule to the Heritage Overlay should be deleted.

The HO103 heritage place (house) was removed from 21 Mitchell Street, Bairnsdale prior to 1996. Therefore HO103 is redundant and should be deleted from the planning scheme map. There is no HO103 heritage place listing in the Schedule to the Heritage Overlay.

Arising from a subdivision of 67 Goold Street, Bairnsdale in 2008, the HO38 heritage place (house) is fully contained on 67B Goold Street, Bairnsdale. Consequently, HO38 should be amended on the planning scheme map to only apply to 67B Goold Street, Bairnsdale (ie deleted from 67A Goold Street, Bairnsdale) and the heritage place address in the Schedule to the Heritage Overlay should be corrected.

(7) Reinstating the Healeys Road Overall Development Plan as a listed document in the Schedule to Clause 81.01 Incorporated documents.

Amendment C39 to the East Gippsland Planning Scheme, approved on 31 May 2007, incorporated the Healeys Road Overall Development Plan document in the planning scheme. The consequential listing of the Healeys Road Overall Development Plan in the Schedule to Clause 81.01 was inadvertently not carried forward when Amendment C53 was approved on 5 July 2007. Reinstatement corrects this anomaly.

(8) Reinstating the complete list of Maps that comprise the East Gippsland Planning Scheme in the Schedule to Clause 61.03, excepting Maps 23PAO, 28PAO and 49PAO which should be deleted because they are redundant as a consequence of Amendment C63 deletion of redundant overlays.

Amendments C4 and C5 of the East Gippsland Planning Scheme were both approved on 10/1/2002. However a number of Planning Scheme Maps not affected by C4 and C5 were inadvertently deleted from the list in the Schedule to Clause 61.03 in the approved C4 and C5. Reinstating the complete list, excepting the maps which are redundant as a consequence of Amendment C63, corrects this anomaly which arises from the mechanisms of the planning process.

Strategic assessment of the amendment

Both the Minister’s Direction No.11, 8 April, 2008 and the Strategic Assessment Guidelines for preparing and evaluating planning scheme amendments, General Practice Note, revised April 2008 (SAG) set out the types of amendments that do not require assessment, or require brief assessment, against the strategic considerations. Amendment C63 is such an amendment as it proposes corrections to the planning scheme, removal of planning controls that are no longer required, minor ordinance changes that are consistent with the State and local policy and the rezoning of land(s) to reflect its current use or ownership.  Why is the amendment required?

S12 of the Planning and Environment Act 1987 (the Act) requires planning authorities to regularly review the provisions of planning schemes.

The amendment removes redundant and unnecessary provisions and corrects anomalies that have been identified in the East Gippsland Planning Scheme.

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

The amendment deletes redundant and unnecessary provisions, corrects the inadvertent application of public land zones and the heritage overlay, applies zones and overlays that are appropriate to the use and development of land(s) and makes consequential changes and corrections to the schedules and provisions of the planning scheme.

These changes provide for the fair, orderly, economic and sustainable use, and development of the land(s).

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

The amendment changes and corrections of anomalies are essentially minor and administrative in nature. The zones and overlays applied are appropriate to the sustainable use and development of the land(s) and have regard to the zoning, use and development of adjoining and nearby land(s).

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

The strategic justification for the amendment, compliance with legislation, the planning framework, Minister’s Directions, Practice Notes and planning authority responsibilities which support the request for, and exercising, the Section 20(4) of the Act powers are summarised in the attached supporting document titled Strategic Justification and Explanation.

The Practice Note, Ministerial Powers of Intervention in Planning and Heritage Matters, November 2004, the SAG and the Advisory Note, A protocol for fast tracking amendments, Department of Sustainability and Environment, March 2007, provide guidance on the circumstances when the Minister will consider exercising the Section 20(4) of the Act powers to amend a planning scheme with exemption from notice, relevant criteria and the supporting information required. The amendment changes and corrections satisfy the circumstances set out in the Practice Note and the Advisory Note. All owners of the land(s) affected by the amendment have been informed about the amendment. All owners of the land(s) affected have provided their written agreement and support for the amendment proposed changes and corrections, and, their support for exercising the Section 20(4) of the Act powers including exemption from notice. Copies of the written notification given to the owners of land(s) and the written agreement and support of the owners of land(s) are included in the attached supporting document titled Landowner C63 notification documents and landowner C63 written agreement and support. The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes which provides at 12 and 15 respectively the land(s) that can/cannot be included in the Public Park and Recreation Zone or the Public Conservation and Resource Zone, and, that roads that are declared freeways are to be shown as Road Zone-Category 1 on the planning scheme map. The amendment is consistent with the VPP Practice Note Applying the Public Land zones, Department of Infrastructure, February 1999 which provides that the public land zones can only be applied to public land.

 How does the amendment support or implement the State Planning Policy Framework?

The amendment is consistent with the State Planning Policy Framework (SPPF). As the amendment changes and corrections of anomalies are essentially minor and administrative in nature there are no implications for the SPPF.

 How does the amendment support or implement the Local Planning Policy Framework?

The amendment is consistent with the Local Planning Policy Framework (LPPF). As the amendment changes and corrections of anomalies are essentially minor and administrative in nature there are no implications for the LPPF.

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

The amendment corrects the previous inadvertent application of the Victoria Planning Provisions.

 How does the amendment address the views of any relevant agency? There are two acquiring and referral authorities relevant to land(s) affected by the amendment, East Gippsland Shire and VicRoads.Both authorities have provided written advice that they have acquired the land(s) affected by the amendment proposed changes and corrections, and, that they agree with and support the amendment proposed changes and corrections and support the exercising of the Section 20(4) of the Act powers.

 What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The amendment is not expected to impact on the resource and administrative costs of the responsible authority.

Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at the East Gippsland Shire Council, 273 Main Street, Bairnsdale.

The amendment can also be inspected free of charge at the Department of Planning and Community Development web site at www.dpcd.vic.gov.au/planning/publicinspection.