Planning and Environment Act 1987

BAW BAW PLANNING SCHEME

AMENDMENT C92

EXPLANATORY REPORT

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

Land affected by the amendment The amendment applies to:  Reserve number 1 on PS63773P (Labertouche reserve)  480 Labertouche Road Labertouche being CA 59C Jindivick Parish (Labertouche CFA)  440 Labertouche Road Labertouche being CA 59F Jindivick Parish Land (Labertouche Hall)  10-12 Kennedy Street Longwarry being V 8810 F 494 CA 4 Sec 4 Longwarry Township and CA 5 Sec 4 Longwarry Township (Longwarry bowls club)  14 Kennedy Street Longwarry being CA 11 Sec 4 Longwarry Township (Longwarry Hall)  2-4 First Street Longwarry being CA 12 Sec 4 Longwarry Township (Longwarry tennis courts)  42 Pedder Street Darnum being CA 1 Sec 3 Darnum Township, CA 2 Sec 3 Darnum Township and CA 3 Sec 3 Darnum Township (Gippsland Water storage facility)  Part of Fraser Street Nilma being Lot 1 TP740848  32 Fraser Street Nilma being Lot 1 TP393546  7 Elliot Street Nilma being V 10129 F 482 Lot 2 PS 323515P Darnum Parish  9 Bloomfield Road Nilma being V 10820 F 223 CA 79 Drouin East Parish  7 Bloomfield Road Nilma being V 4022 F 286 CA 79 Drouin East Parish  5 Bloomfield Road Nilma being V 3170 F 859 CA 79 Drouin East Parish  Burke Street being Lot 3 TP 802173 Sec 9 Warragul Township, Lot 1 PS429744 Warragul Township and CA 3 Sec 9 Warragul Township (Warragul Soccer Club)  33 School Road, Trafalgar, being Lot 1 TP586864.  21 School Road, Trafalgar, being Lot 1 TP94833.  1976 Princes Highway, Trafalgar, being Lots 1, 2 and 3 PS321859.  1960 Princes Highway, Trafalgar, being Lot 3 PS321860.  – Thorpdale Road, Thorpdale being Part lot 1 TP320036 Parish of Moe.

What the amendment does  Rezone the Labertouche reserve, Labertouche Hall and CFA from Farming Zone (FZ) to Public Park and Recreation Zone (PPRZ) – Map 12.  Rezone the Longwarry Bowls Club from Public Conservation and Resource Zone (PCRZ) to Residential 1 Zone (R1Z) – Map 24.  Rezone the Longwarry Hall and tennis courts from Public Conservation and Resource Zone (PCRZ) to Public Park and Recreation Zone (PPRZ) - Map 24.  Rezone the Gippsland Water storage facility at Darnum from Township Zone (TZ) to Public Use Zone 1 (PUZ1) – Map 37.  Rezone land at Fraser Street, Nilma from Urban Floodway Zone (UFZ) to Township Zone (TZ) – Map 34.  Remove the Environmental Significance Overlay Schedule 1(High Quality Agricultural Land) from land at Fraser Street, 32 Fraser Street, 7 Elliot Street, 9 Bloomfield Road, 7 Bloomfield Road and 5 Bloomfield Road Nilma – Map 34 ESO.  Rezone the Warragul Soccer Club from Public Use Zone 2 (Education)(PUZ2) to the Public Park and Recreation Zone (PPRZ) – Map 32.  Morwell – Thorpdale Road, Thorpdale being Part lot 1 TP320036 Parish of Moe,  Deletes the Environmental Significance Overlay 1 - High quality agricultural land (ESO1) from the following land: . 33 School Road, Trafalgar, being Lot 1 TP586864. . 21 School Road, Trafalgar, being Lot 1 TP94833. . 1976 Princes Highway, Trafalgar, being Lots 1, 2 and 3 PS321859. . 1960 Princes Highway, Trafalgar, being Lot 3 PS321860.  Rezone Part lot 1 TP320036 Parish of Moe, Morwell – Thorpdale Road, Thorpdale from Farming Zone to Road Zone 1.

Rezone Part lot 1 TP320036 Parish of Moe, Morwell – Thorpdale Road, Thorpdale from Farming Zone to Road Zone 1. Strategic assessment of the amendment

 Why is the amendment required?

Labertouche

The rezoning to PPRZ is required to facilitate the use and development of the Labertouche & District Community Centre funded through the State Government and the Bushfire Appeal Fund. Under the FZ the use (place of assembly) is restricted to only ten days per year and would not be an appropriate zoning given the community use/public ownership of the land.

The reserve is in the process of being certified and will be vested with the Crown under the management of the Department of Sustainability and Environment. The rezoning to the PPRZ will assist in this transfer of land.

The development will improve existing hall infrastructure and surrounds including a child friendly playground; fencing; heating / cooling; BBQ and seating; toilets, commercial kitchen; beautification of garden; improved car park (sealed, increased parking) and a multipurpose shed and multipurpose venue.

The existing fire station and surrounding land is far too small for safe operations. It is therefore proposed to locate a new CFA in the north of the reserve which will interlink with a community common area to provide a safer workplace and training area for CFA fire fighters and a focal point in times of emergency for other emergency services and the public.

The development of such a facility for a bush fire affected community is of State and regional significance.

The Labertouche Hall will be retained and is proposed to be included in the Heritage Overlay through Amendment C90. Longwarry

The rezoning of the Longwarry bowls club will remove privately owned land from a public use zone, and into the underlying R1Z. If the bowls club was to be redeveloped for residential purposes, any intensive use (i.e. units or subdivision) would first need to go through a planning permit process where surrounding residential amenity would be taken into account. The PPRZ is the most appropriate zoning for the Longwarry hall and tennis court given the public recreation/education use of the land.

Nilma

The land owner of Fraser Street Nilma has engaged Water Technology consultants to undertake a flood risk study in order to remove their land from the UFZ and into the underlying TZ.

Water Technology found that based on their modelling for the Hazel creek floodplain a section of the lot is outside the extent of the 100 year ARI flood. It was then recommended that the UFZ be removed from this area and that development be allowed with a minimum floor level of 300mm above existing surface.

This report was referred to the Catchment Management authority which supported a reduction in the UFZ to the area identified as the proposed development site.

Given the lack of flood risk for this site, the UFZ is the incorrect zone and should be rezoned to the underlying TZ.

Under the TZ the applicant must gain the necessary approvals for retaining waste water on site before a dwelling can be constructed on the land.

Given the TZ zone is primarily a residential use zone in this area, the ESO1 (High Quality Agricultural Land) is no longer relevant and is also proposed to be removed from land in Nilma.

Darnum

The rezoning of Crown land in Darnum from TZ to PUZ1 will allow for the continuing use of the Gippsland Water storage facility recently constructed on the site.

This rezoning will remove the need Gippsland Water to gain unnecessary planning permit application for future buildings and works undertaken on the land.

Trafalgar

The land where the ESO1 is proposed to be deleted was rezoned to Residential 1 Zone under Amendment C65 to the Baw Baw Planning Scheme in December 2011. The objectives of the Overlay, which seek to protect agricultural land, are inconsistent with the current residential zoning. The amendment is therefore required in order to delete provisions which are no longer relevant as a result of the rezoning.

 How does the amendment implement the objectives of planning in ? The amendment implements the following objectives of planning in Victoria as outlined in section 4(1) of the Planning & Environment Act 1987:

a) To provide for a fair, orderly and economic and sustainable use and development of land.  How does the amendment address the environmental effects and any relevant social and economic effects? The amendment will have positive social and economic outcomes by removing the need for unnecessary planning controls and correcting anomalies which are a cost to proponents of development and the Council.

This in accordance with the State government Cutting red tape in planning initiative.

The development of the Labertouche and District Community Centre will provide for a meeting place and recreational space for a bushfire affected community.

 Does the amendment address relevant bushfire risk? The amendment assists in the provision of a facility for a bushfire affected community at Labertouche.

 Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment is not affected by any of the Minister’s Directions under section 12 of the Planning and Environment Act 1987.

The rezoning of Part lot 1 TP320036 Parish of Moe, Morwell – Thorpdale Road, Thorpdale from Farming Zone to Road Zone 1 is required in order to comply with clause 15 of the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act:

15. A road which is declared as a freeway or an arterial road under the Road Management Act 2004 must be shown as a Road Zone - Category 1 on the planning scheme maps.

Part lot 1 TP320036 was included in the Road Management Act 2004, Road Declaration section of the Government Gazette 1 February 2012 as part of a declared road. The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

 How does the amendment support or implement the State Planning Policy Framework? Clause 13.05-1 Bushfire planning strategies and principles.

The amendment is consistent with the objective of clause 13.05-1 being:

To assist to strengthen community resilience to bushfires

The development in Labertouche will relocate and update CFA activities while providing a community facility and meeting place.

The proposed amendment is generally administrative in nature. On this basis, there are not considered to be any other specific State Planning Policy issues raised by the proposed changes.

 How does the amendment support or implement the Local Planning Policy Framework? Clause 21.08-3 Wildfire

The amendment is generally consistent with this statement which aims to use planning measures to provide adequate protection of residents and visitors from wildfire. There are not considered to be any other specific Local Planning Policy issues raised by the proposed changes.

 Does the amendment make proper use of the Victoria Planning Provisions? By correcting existing anomalies in the planning scheme the amendment makes proper use of the Victorian Planning Provisions.

 How does the amendment address the views of any relevant agency? Both the CFA and DSE have been involved in the Labertouche & District Community Centre proposal. DSE as Crown land Manager has also given their consent to the rezoning of land occupied by a Gippsland Water water storage facility. The West Gippsland Catchment Management Authority supports the reduction in the UFZ in Nilma to the area identified for the proposed development site shown in flood risk report prepared by Water Technology. Any septic tank system in association with a dwelling on the site at Nilma must be approved by the Health Department of Baw Baw Shire Council.

 Does the amendment address relevant requirements of the Transport Integration Act 2010? Given the amendment is generally administrative in nature there will be no impact on the transport system.

Resource and administrative costs

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

The amendment should have no impact on the resources 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 following places:

Baw Baw Shire Council offices at:

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

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