Planning Panels Victoria

Annual Report 2010 ‐ 2011

Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Foreword to the Minister for Planning

Planning Panels Victoria (PPV) has entered its 15th year since its inception by former Minister for Planning Robert Maclellan. It continues to play a very important part in the Department of Planning and Community Development (DPCD) in reviewing submissions, conducting hearings and inquiries, and reporting on a wide range of matters. PPV plays a critical advisory role in delivering on State and Local Government policy and projects. Feedback on its performance over the past year is very positive and the preparation of this Annual Report allows for a time of reflection about the past 12 months.

At the end of 2010 there was a change of Government. This has resulted in new policy and new directions for planning in Victoria. I am pleased to work with our new Minister for Planning – Matthew Guy and that he has affirmed and endorsed the work of PPV. I believe he is confident about our role in the overall planning system. The Minister has sought PPV to be involved in a range of reviews through the appointment of Advisory Committees to consider planning controls in Narrawong, review of the alignment of the 4C Geelong Ring Road and the Logical Inclusions for land in the growth area Councils abutting the Urban Growth Boundary.

Other changes in Government policy has meant that some matters previously dealt with by PPV, including wind farms and PSPs are under review, as the Minister is seeking alternative ways to consider these in the planning framework.

This is my seventh year as Chief Panel Member, and I continue to be very proud of the way in which PPV works and the contribution it makes in achieving excellence in the establishment and delivery of all matters that come before it. I particularly thank all members and staff for their ongoing commitment to PPV and for the way in which we all work together to achieve excellent results. One of the issues that has resulted in significant improvement in performance is the timeliness of report submission, with 95% of all PPV reports being submitted within the agreed timeframes.

I know that all of us at PPV have enjoyed the range of work undertaken, the challenges it presents and the outcomes it resolves. On behalf of all staff and members of PPV, I commend this 2010/2011 Annual Report to you.

Kathryn Mitchell Chief Panel Member

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1. ABOUT PLANNING PANELS VICTORIA

1.1 Planning Panels Victoria

Planning Panels are established under either the Planning and Environment Act 1987 or the Environment Effects Act 1978 and are a means of facilitating public participation in the planning and environmental decision making process. They provide a process to independently assess various planning scheme changes or development proposals through the consideration of submissions, the conduct of hearings and the preparation of reports. Planning Panels are advisory and make recommendations, with the final decision making being left to the appropriate statutory bodies or the Minister for Planning.

Planning Panels are administered by Planning Panels Victoria, which is located within the Planning and Local Government group of DPCD. It consists of the Chief Panel Member, six Senior Panel Members; 73 Sessional Panel members, two Senior Project Managers/Officers and six administration and support staff.

1.2 New Staff Members and Changes

Over the past twelve months, PPV welcomed the following three staff members:

 Senior Project Manager – Jessica Cutting  Senior Project Officer – Greta Grivas  Accounts Payable and Administrative Assistant – Tina Ding

The organisation structure for PPV can be found on page 6.

With the secondment of Briana Eastaugh ending in December 2010, a decision was made to combine two Senior Project Officer roles (Policy and PSP) into one. This decision was implemented during the year and Jessica Cutting (who was previously employed on a contract to provide policy support) was formally appointed to the role. While PPV was very sad to say goodbye to Briana Eastaugh as she commenced as a Lawyer at Maddocks, we note with great pride that she has already been promoted to Associate.

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At the beginning of the financial year, Michael Crossman accepted a role with the Department of Sustainability and Environment and his role as Senior Project Officer (Environment) has been filled by Greta Grivas, who has assisted on a wide range of environmental and infrastructure projects.

PPV welcomed Tina Ding into the role of Accounts Payable and Administration Assistant. Tina’s role is to process member fees and payments and to assist the Finance Manager in her duties.

Finally, Bernadette Woutersz joined in a temporary administrative support role and is currently staffing reception for PPV as well as helping the admin team in other areas.

PPV could not undertake and fulfil its work without the tremendous and ongoing support provided by its sessional members. Some of these members have been involved with PPV for over 20 years, with others commencing late in 2009. Some members work almost full time on Panel work. PPV acknowledges and thanks all sessional members for their contribution over the last year.

During the year Peter Sheehan, Frank Fleer and Christine Forster retired from the pool. PPV would like to thank these members for their work and wish them well for the future.

As of 30 June 2011, the pool of sessional members is as follows:

 Gordon Anderson  Alan Chuck  Chris Banon  Andrew Clarke  David Blore  Ian Coles  Kevin Breen  Maxine Cooper  Darrel Brewin  Craig Czarny  Colin Burns  Graeme David  Megan Carew  Brett Davis  Geoff Carruthers  Rob Deutscher  Jack Chiodo  Shane Dwyer

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 Rodger Eade  Chris McNeill  Bob Evans  David Merrett  Ian Gibson  David Mitchell  John Glossop  Doug Munro  Alison Glynn  Peter Newman  Rod Gowans  Ken Northwood  Des Grogan  Tim Nott  Stephen Hancock  William O’Neil  Ian Harris  Jane Osborn  Chris Harty  John Ostroff  Graeme Holdsworth  Margaret Pitt  Jim Holdsworth  Boyce Pizzey  Richard Horsfall  Sue Porter  Warwick Horsfall  Ross Ramus  Renate Howe  Cazz Redding  Catherine Hunichen  Robin Saunders  Robert Johnson  Bob Seiffert  Esther Kay  Greg Sharpley  John Keaney  Lorraine Stupak  Ann Keddie  Alan Thatcher  Jodi Kennedy  Ray Tonkin  Michael Kirsch  Henry Turnbull  Neil Longmore  Neville Wale  Helen Martin  Ian Walters  Peter McEwan  Helen Weston  Gaye McKenzie  David Whitney  Jacqui McLeod  Catherine Wilson  Ken McNamara

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1.3 Organisational Structure Update

Chief Panel Member

Kathy Mitchell

Senior Members: Mark Marsden Trevor McCullough Assistant Cathie McRobert Director: Senior Project Jenny Moles Lester Townsend Officers: Harry Matheas Finance Nick Wimbush Jessica Cutting Manager/EA Sessional Members: Greta Grivas to CPM:

73 Sharon Walker

Business Manager: Panel Coordinator: Administration Admin/Finance Adrian Williams Officer: Laura Agius Bernadette Support: Woutersz Tina Ding (Temporary)

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1.4 Chief and Senior Panel Members

Kathy Mitchell – Chief Panel Member

Major Panels for 2010/11 included:

 Complete the consideration of 11 sites in metropolitan Melbourne and regional Victoria for proposed Oxygen Concept Stores (Woolworths Advisory Committee).  Consider Housing Affordability funded (HAF) social housing developments in Richmond, Fitzroy and Malvern; and the Moorabool Housing Project for VicUrban (Standing Advisory Committee ‐ Social Housing Projects).  Introduce Urban Design Guidelines for business zoned areas in Aireys Inlet (Surf Coast C55).  Review planning controls for redevelopment of the Geelong Station Precinct/Western Wedge area (Geelong Station Precinct Advisory Committee).  Rezone land for the Epping North Neighbourhood Activity Centre (Whittlesea C118).  Review policy relating to caravan park sites on the Mornington Peninsula (Mornington Peninsula C133).  Rezone industrial land for business purposes to revitalise the Gipps Precinct in Collingwood (Yarra C102).  Rezone a difficult wedge of land in Milleara Road, Keilor to allow for the redevelopment of this land (Moonee Valley C97).  Develop planning controls and policy to allow for the redevelopment of the Eastern Golf Course in Doncaster (Manningham C86).  Consider new planning controls for business zoned land on the Bellarine Highway at Moolap to allow for a wider range of uses (Greater Geelong C197).  Rezone land in accordance with a Structure Plan for land at Lang Lang (Cardinia C86).  Introduce the Point Lonsdale Structure Plan into the Greater Geelong and Queenscliffe Planning Schemes (Greater Geelong C165 and Queenscliffe C22).

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 Commence work to consider Logical Inclusions into the growth area Council Planning Schemes (Logical Inclusions Advisory Committee).  Introduce the North of Merri River Structure Plan and Development Contributions Plan for the northern growth area of Warrnambool (Warrnambool C69).

Kathy recently retired as President of the Victorian Planning and Environmental Law Association (VPELA) after serving in that role for six and a half years and remains a judge for the Urban Development Institute (UDIA) Victoria state awards. Kathy regularly speaks at various industry seminars and conferences.

Over the past year, Kathy undertook a lead role in the Planning and Local Government (P&LG) unit in DPCD on issues relating to conflicts of interest, as a result of the work she has done at Planning Panels Victoria. She project managed a paper on indentifying and dealing with conflicts of interest for the unit and supplemented this by attending an Australia and New Zealand School of Government (ANZOG) conference in Canberra in May on ‘Integrity in the Public Service’. The PPV procedures and issues in relation to conflicts of interest have been updated and made available to all members.

Mark Marsden

Major Panels for 2010/11 included:

 Identify port environs for the ports of Melbourne, Hastings, Geelong and Portland and review the planning controls applying to the ports of Hastings, Geelong and Portland (Ports Environs Advisory Committee).  Rezone land from the Low Density Residential Zone to the Residential 1 Zone and issue a planning permit for the subdivision of 56 lots in three stages (Manningham C83).  Make recommendations on the most appropriate planning controls to apply to 18 Crown allotments in East Street Narrawong (East Street Narrawong Planning Controls Review Advisory Committee).  Implement the recommendations of the Eltham and Diamond Creek Activity Centre structure plans (Nillumbik C51 and C53).

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 Review of the Wildfire Management Overlay in parts of Mornington Peninsula Shire Council and Yarra Ranges (Wildfire Management Overlay Standing Advisory Committee).  Implement the recommendations of the Strathfieldsaye Structure Plan (Greater Bendigo C137).  Consider the joint amendment and application for planning permit to establish a Soil Processing Facility at the existing Lyndhurst landfill.

Additionally, Mark contributed to DPCD reviews on the review of the State Planning Policy Framework and the Activity Centre Zone. He undertook study leave in April and May to participate in the VPELA/UDIA Study Tour to Singapore, London, Manchester, Amsterdam and Barcelona.

Mark also continues to chair the RMIT Course Advisory Committee, where he is a sessional teaching member.

Trevor McCullough

Major Panels for 2010/11 included:

 Alter the Floodway Overlay and Land Subject to Inundation Overlay to land throughout the Shire (Wellington C33).  Introduce a Design and Development Overlay to implement the recommendations of the Lake Benalla Environs Study (Benalla C13).  Rezone the Lacola site on Maroondah Highway Chirnside Park and introduce a Development Plan Overlay to facilitate a comprehensive redevelopment of the site (Yarra Ranges C102).  Rezone and apply a Design and Development Overlay to implement the expansion of the Lara town centre (Greater Geelong C225).  Apply the Special Building Overlay and Land Subject to Inundation Overlay to areas in the City affected by flooding (Greater Geelong C127 Part 2).

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 Review the alignment and previous consultation processes for the road and make recommendations on remedial measures (Geelong Ring Road Section 4C Advisory Committee).  Introduce the Boronia Structure Plan (Knox C62).  Revise the local planning policy framework (Port Phillip Amendment C62).  Implement a Gaming Policy for the Shire (Macedon Ranges Amendment C64).

In addition, Trevor chaired a number of Panels on a range of smaller amendments covering a wide range of issues including: reviewing local planning policies; structure plans; gaming policies; and public acquisition overlays for road projects.

Trevor continues to convene the PPV Transport Infrastructure group. During the year Trevor continued his RMIT studies towards a Master of Planning and Environment and participated in the UDIA/VPELA Study Tour to Singapore, London, Manchester, Amsterdam and Barcelona.

Cathie McRobert

Major Panels for 2010/11 included:

 Review the Tarrone Power Station which proposed a planning framework to facilitate the construction of a gas‐fired power station in south‐ western Victoria. The cumulative impacts of energy projects in the region were raised as a key issue (Moyne C47).  Implement the housing strategy for all settlements in the municipality (Greater Shepparton C93).  Vary a restrictive covenant and issue a permit to legitimise existing non‐residential uses at ‘Heronswood’, which is a heritage place of State significance (Mornington Peninsula C137 and Application CP09/004).  Upgrade the Western Highway between Ballarat and Beaufort (Ballarat C128 and Pyrenees C29).

In addition to chairing the above Panels, Cathie has chaired the Standing Advisory Committee considering submissions referred relating to the introduction by the Minister of the Wildfire Management Overlay to 26 planning schemes. The reviews of

Page 10 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011 these referrals have applied existing criteria, pending new bushfire provisions to be introduced in September 2012.

Cathie volunteered in Sri Lanka under the Planning Institute of Australia (PIA) – AusAid Tsunami Redevelopment Project during part of her long service leave from late July to mid November 2010.

Jenny Moles

Major Panels for 2010/11 included:

 Implement planning controls over coastal landscapes (Glenelg C52).  Introduce structure plans for Kennett River, Wye River and Separation Creek (Colac‐ Otway C58).  Rezone a site for a proposed waste transfer station at the outskirts of Lilydale from Industrial 1 to Industrial 3 (Yarra Ranges C80).  Introduce 10 new heritage precincts in four townships and revise the local planning policy content (Buloke C14).  Rezone land at the cusp of a core industrial area within the buffer of a rendering plant to Industrial 3 Zone (Maribyrnong C77).  Implement the Bayswater Activity Centre Structure Plan (Knox C54).  Introduce heritage controls over a number of properties (Nillumbik C72).  Rezone former industrial land and introduce the Environmental Audit Overlay (Moreland C112 Part 2).  Introduce further controls over flood‐liable land (Nillumbik C64).

Jenny again conducted a Planet training program on Writing Planning Permits and undertook training sessions for Aboriginal Affairs Victoria on writing recommendations in Cultural Heritage Management Plans. She provided input to the Growth Areas Authority guide to preparing permit conditions. She has also continued teaching Planning Law at Monash University.

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Lester Townsend

Major Panels for 2010/11 included:

 Complete the Toolern Precinct Structure Plan (Melton C84 Part 2).  Implement a growth area plan for Miners Rest (Ballarat C127).  Implement a growth area plan for Huntly (Bendigo C136).  Amend controls to facilitate the expansion of the Lethbridge airfield (Golden Plains C51).  Introduce heritage controls in the Shire (Golden Plains C55).  Review the rezoning of land outside of the Urban Growth Boundary (Kingston C110).  Introduce a new Gaming Machine Policy (Macedon Ranges C64).  Implement the findings and recommendations of a number of strategies dealing with vegetation protection, and rationalise the number of overlays applying to individual properties and provide greater certainty, clarity and result in more consistent decision making (Manningham C54).  Introduce a new MSS and Local Planning Policies for Maribyrnong (Maribyrnong C82).  Propose a general policy change for specialist medical facilities and changes directed at the Maroondah Hospital precinct including the application of a Public Acquisition Overlay to support the expansion of the Hospital (Maroondah C69).  Rezone land in Heathmont with a planning permit for the development of 66 dwellings (Maroondah C77).

Lester is the chair of the Potentially Contaminated Land Advisory Committee that commenced work during the year, and the Deputy Chair of the Logical Inclusions Advisory Committee.

Lester has again delivered training sessions on effective strategic planning as part of the Planet program of DPCD. Lester has acted in the role of Chief Panel Member in the absence of Kathy, and has attended a number of Senior Executive and Planning and Local Government group meetings.

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Nick Wimbush

Major Panels for 2010/11 included:

 Review the capability of the Victorian Planning System to address the impacts of climate change (particularly sea level rise) on the coast (Coastal Climate Change Advisory Committee).  Review the Environment Effects, associated planning scheme amendment and planning permit of the proposed Mornington Safe Harbour in Mornington (EES inquiry, Mornington Peninsula C107 and planning permit application);  Review the appropriateness of planning and consultation for Section 4C of the Geelong Ring Road (Geelong Ring Road 4C Advisory Committee).  Review the proposal for a 100 turbine wind farm proposal near Mortlake in western Victoria (Planning Permit Application 2008/0538).  Planning scheme amendments Brimbank C124 and Whitehorse C129.

Nick taught in the Planet Planning Scheme Amendment unit this year and also gave a talk to the Environment Defenders Office on the precautionary principle in Panel reports.

In August 2010 Nick gave a paper to the VPELA seminar on wind farms, recounting the experience of Planning Panels Victoria in project assessment.

Nick is continuing to make progress on his postgraduate law studies.

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2. OUTPUT AND PERFORMANCE

2.1 Key Achievements in 2010/11

In 2010/11, a total of 131 matters were referred to PPV for consideration. Matters for consideration included Planning Scheme Amendments, Ministerial Call Ins, Advisory Committees, Environmental Effect Statements, and Wind Farm Permits (all matters completed are included as Attachment 1). The total represents a 2.2% decrease from 2009/10; however the total number of submissions to Panels and Inquiries received in 2010/11 by PPV increased by 44% from the previous financial year as can be seen in the following table.

2010/2011 2009/2010 % Change Total Number of Matters 131 134 ‐ (2.2) Considered/Completed Number Of Submittors 9270 6430 + 44.2 Across All Panels & Inquiries Amendments 123 110 + 11.8 Ministerial Call Ins 0 14 ‐ (100.0) Advisory Committees 6 9 ‐ (33.3) Assessment Committees 1 0 n/a EES Inquiries 1 1 0.0

The main increase in matters referred to PPV has come from the increased numbers of Amendments (including combined Amendments/Permit Applications). In 2010/11 PPV only had one major EES (Mornington Safe Harbour) and one Assessment Committee appointed under the Major Transport Facilitation Act 2009.

Hearings and submission of reports are generally resolved within agreed timelines. Panels are appointed promptly (within one week of request), hearings come on line within 3 to 4 weeks of appointment, and reports are submitted within four weeks (for a one person Panel), six weeks (two person) and eight weeks (three person), unless other timelines are stipulated (for example in Terms of Reference for Advisory Committees and EESs). Harry Matheas – Assistant Director

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In the 2010/11 financial year, PPV can report 95% compliance to these target reporting dates. The breakup of reports received by PPV can be seen in the following chart.

Planning Panels Victoria Reporting Performance 2010-11 Ontime And Days Overdue

Ontime 95%

61+ Days 1-7 Days 0% 4% 15-30 Days 31-60 Days 8-14 Days 0% 1% 0%

Ontime 1-7 Days 8-14 Days 15-30 Days 31-60 Days 61+ Days

2.2 Key Projects

(i) Environmental Effects Inquiries

Shaw River Power Station During the year, PPV completed the Inquiry into the Shaw River Power Station project. The project comprised a nominal 1500MW gas‐fired power station together with a high‐ pressure gas pipeline. The power station site is a farming property adjoining the Moorabool to Portland 500 kV transmission line near the township of Orford in Moyne Shire.

The project requires the construction of a high‐pressure gas pipeline from the power station site to connect with the South West Pipeline near the Otway gas plant at Port Campbell. The project may require a new water supply pipeline from the Port Fairy water reclamation plant to the power station site.

Mornington Safe Harbour This considered an Environment Effects Statement and Planning Scheme Amendment for the Mornington Safe Boat Harbour Project.

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(ii) Ministerial Advisory Committees

Woolworths “Oxygen” Proposals Woolworths Limited and its joint venture partner, propose to roll out around 150 new ‘Oxygen’ large format home improvement stores across Australia, including some 30 in Victoria, over the next three to five years. Woolworths initially proposed twelve stores to be developed in Victoria. The former Minister for Planning appointed an Advisory Committee to provide him with advice on planning matters relating to the twelve Oxygen proposals.

Port and Environs Advisory Committee The Port and Environs Committee was established to review the planning controls applying to the ports of Hastings, Geelong and Portland and to identify the port environs surrounding each of Victoria’s four commercial trading ports, including Melbourne, in order to determine whether additional planning controls were required to protect the ports from the encroachment of sensitive uses and to protect sensitive uses from port activities.

Coastal Climate Change Advisory Committee The Coastal Climate Change Advisory Committee was established by the former Minister for Planning to advise how Victoria’s land‐use planning and development controls can best support the Victorian Government’s policy for managing the coastal impacts of climate change.

Geelong Ring Road Section 4C Advisory Committee The purpose of the Advisory Committee was to advise the Minister for Planning on the planning consultation and approval arrangements for Section 4C of the Geelong Ring Road and the relative merits and impacts of the approved alignment of Section 4C of the Geelong Ring Road with any other known alignment.

Greta Grivas ‐ Senior Project Officer

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East Street, Narrawong Planning Controls Review Advisory Committee

The purpose of the Advisory Committee was to advise the Minister for Planning on appropriate permanent planning scheme provisions for 18 lots held in private ownership to the east of the Surry River and south of the existing township, at Narrawong.

Port Phillip Woollen Mills Advisory Committee The (former) Minister for Planning appointed an Advisory Committee to review planning and urban design matters related to the proposed redevelopment of the former Port Phillip Woollen Mills, Nelson Place, Williamstown and land to the south of Nelson Place.

(iii) Precinct Structure Plan Panels

Precinct Structure Plans (PSPs) are currently being rolled out in Melbourne’s growth areas as part of an integrated approach to the planning for new communities on the fringe of metropolitan Melbourne. PSPs include residential, employment, community and business uses, as well as allocation of open space, integrated water management and other public areas. Melbourne has six growth area municipalities, including Cardinia, Casey, Hume, Melton, Whittlesea, and Wyndham.

The Growth Areas Authority is currently managing the preparation of Precinct Structure Plans (PSPs) across these growth areas. According to the GAA, as at March 2011 the program status is as follows:

 Twenty one completed;  Four at planning scheme amendment stage;  Eight under preparation; and  Eight at pre‐planning stage.

Of these PSPʹs, five were considered by Planning Jessica Cutting, Senior Project Panels Victoria over the past year. These were: Manager

 Hume C119: Greenvale North (R1) – September 2010;  Casey C129: Clyde North – October 2010;  Hume C121: Greenvale West (R3) – November 2010;  Wyndham C123: Truganina South – January 2011 and March 2011;  Melton C84, Part 2: Toolern PSP – 26 May 2011; and

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 Greater Geelong C214: Armstrong Creek East DCP – Hearing held in May/June 2011

In August 2010, PPV produced an interim report on issues emerging from PSP matters that provided an overview and summary of the issues canvassed in PSP hearings conducted over the preceding 18 months. It is intended that this report will act as a guide for future PSP Amendments and assist in achieving a consistency in approaching PSP Amendments. The aim is also to communicate PPV’s views on what lessons can be learnt over that time and bring these matters to the attention of stakeholders negotiating PSPs. The report was prepared by Kathy Mitchell and Briana Eastaugh, with input from a number of members who had participated in PSP matters. It was widely circulated amongst stakeholders.

The number of PSPs being considered by PPV has declined in the past months due to the GAA and the Government dealing with them in a different way.

(iv) Urban Growth Boundary Review

On 16 May 2011, the Minister for Planning appointed an Advisory Committee under Section 151 of the Planning and Environment Act 1987 to consider proposals for Logical Inclusions within the Urban Growth Boundary.

The Advisory Committee will consider submissions for changes to the Urban Growth Boundary affecting Wyndham, Melton, Hume, Mitchell, Whittlesea, Casey and Cardinia growth areas. Under this process the Growth Areas Authority (GAA) will review the merits of land submissions already submitted to the 2009 urban growth boundary review, together with proposals which have been made after this time but which are supported by growth area councils.

The Advisory Committee will hold hearings over approximately six weeks commencing on 29 August 2011 and its final report is due to be submitted in November 2011.

(v) Heritage Panels

PPV has continued to deal with amendments which propose the application of the Heritage Overlay to numerous properties across extensive areas of municipalities as well as to single sites. The latter are often subject to demolition proposals and fiercely contested. In these cases, conflicting expert evidence is normally presented and tested. Consideration of whether a place is of sufficient significance to warrant inclusion in the

Page 18 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011 overlay continues to raise interesting issues not previously dealt with by earlier panels. Greater Bendigo C144, Buloke C14, Warrnambool C68, Whitehorse C129, Boroondara C98, Stonnington C117 and C118, Golden Plains C55, Brimbank C125 Part 2 and Greater Geelong C190 have been some of the Panels/Advisory Committee matters involving heritage issues in the last year.

(vi) Coastal Panels

The Coastal Climate Change Advisory Committee presented its report to the Minister during this financial year. The report recommends appropriate planning responses to the flooding and erosion threats occasioned by rising sea levels along the Victorian coastline.

The Coastal Spaces Project conducted by the Department of Sustainability and Environment in recent years has led to a number of amendments dealing with the protection of coastal landscapes, and the structure planning and urban design of coastal settlements. The amendments have variously involved the introduction of Significant Landscape Overlays, Environment Significance Overlays, Design and Development Overlays and Development Plan Overlays and the inclusion of new local policy relating to the coast including structure plans for townships. In the last 12 months, Panels have assessed amendments of this kind for the municipalities of Greater Geelong and Glenelg. A Panel has been appointed to consider the Corangamite coastal landscapes but has not yet had a hearing.

Other Panels/Advisory Committees have dealt with development proposals along the coast. These have included a new safe harbour facility at Mornington and consideration of appropriate controls on subdivided land on the dunes near Narrawong.

(vii) Local Policy and MSS Reviews

Councils continue to review their MSSs and with the change in the structure of the SPPF a number of Councils have been able to better align local and State policy. In June 2009, PPV prepared a consolidated report that bought together the recommendations of a number of Panels on the drafting of MSSs and Local Policies and this report continues to be well used.

There is a clear trend for revised MSSs to be shorter and more carefully drafted than the MSSs they replace.

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As was the case last year, a number of Panels have dealt with gaming policies. While the policies vary between municipalities a consistent approach to drafting is emerging that will make the policies easier to understand and apply.

(viii) Wind Farms

The following wind farm Panel reports were submitted in the 2010‐2011 financial year:

 Mortlake – 100 turbines near Mortlake;  Moorabool – 110 turbines near Ballan;  Stockyard Hill – 242 turbines south of Beaufort;  Ararat – 75 turbines near Ararat; and  Yaloak South call‐in – 14 turbines south of Ballan.

These projects were all issued permits although Mortlake and Stockyard Hill were reduced in size on the recommendation of the respective Panels.

No new proposals were referred to Planning Panels Victoria from the beginning of 2011.

2.3 Professional Development of Staff and Members

Planning Panels Victoria is keen to ensure that all staff and members participate in a range of professional development activities. Staff and members are encouraged to attend courses and seminars, and to run seminars and contribute to programs where appropriate.

PPV holds three full day professional development and training seminars for members each year. This year they are on 5 May, 25 August and 15 December. All members are encouraged to attend, and there is usually a 75% sessional attendance. Due to budgetary issues, members are not paid for this time, but can claim travelling expenses (especially if they are travelling from regional Victoria). The PPV Interest Groups also hold further training meetings approximately twice a year. Again, members are not paid to attend. Speakers over the past year included:

 Minister for Planning;  Deputy Secretary – Planning & Local Government;  Justice Iain Ross, President of VCAT:  Adrian Finanzio (Barrister) and Sarah Carlisle, Principal Lawyer, DPCD;

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 Departmental staff advising on new projects and initiatives.

Members of PPV conduct smaller groups meetings for Special Interest Groups on an as required basis and these have included matters relating to energy and environment and the Precinct Structure Plan processes. The assessment process for local heritage significance was also addressed.

PPV provides regular email updates and provision of key DPCD information, significant VCAT decisions and other matters of interest to members on an as required basis, including significant Panel reports.

There is continuing professional development for Senior Members through participation, attendance and in many cases, the running of seminars, conferences, and presentation of papers, including:

 PLANET Training – both as presenters and participants;  Presentation and participation at VPELA, PIA and UDIA conferences, seminars and forums;  Representation at DPCD Regional Conference and forums; and  Participation in ANZSOG conference.

Administration staff undertake regular training courses and seminars, including Word and Excel, financial training, web design, and PLANET courses.

2.4 PPV Regional Profile

In 2007 PPV took an initiative aimed at developing a stronger working relationship between PPV and regional DPCD staff. This has continued through 2010/11. Each region is visited during the financial year for discussions, feedback and to create strong working relationships.

With new staff members coming on board we were able to establish a Metropolitan Group. As part of this, a Senior Panel Member and PPV support officer has been assigned to each regional office, as follows:

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Region Member Barwon South‐West Nick Wimbush and Sharon Walker Metropolitan Melbourne Lester Townsend and Jessica Cutting Gippsland Kathy Mitchell and Adrian Williams Grampians Cathie McRobert and Laura Agius Hume Jenny Moles and Tina Ding Loddon Mallee Mark Marsden and Harry Matheas/Greta Grivas

Barwon South West:

Nick and Sharon visited Warrnambool in the Barwon South West Region in April 2011. A presentation for local and State government representatives on the Panel process and technique before Panels was provided.

Gippsland:

In March 2011, Kathy and Adrian travelled to Traralgon to attend the Gippsland Regional meeting with representatives of DPCD (Planning) and the Baw Baw, East Gippsland, Latrobe, South Gippsland and Wellington Shires.

The meeting took the form of a round table discussion with many issues including Panel costs, resources and current projects being openly discussed. All parties commented on the value they had gained from the meeting.

Since that meeting there has been follow up discussion with the Department and various Councils on a range of issues which has enhanced and strengthened the relationship of PPV with the region.

Grampians:

Cathie, Laura and Chamila Liyanage (a Sri Lankan planner on placement with DPCD) visited the Grampians Regional office in April 2011 to provide an update on PPV activities and processes and gain feedback on issues in the region. A further session with local government and referral agency officers is being planned.

Page 22 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Hume:

Jenny and Tina made a visit to the Hume Region in May 2011 which coincided with a regular regional meeting of local government planners and DPCD in Mansfield. A review of PPV current major projects was presented and tips on preparing for and presenting at Panel hearings.

Loddon Mallee:

In March 2011, Mark and Greta presented at the Loddon Campaspe Regional Planners Forum. The presentation provided an overview of major activities and issues at Planning Panels Victoria, which included a discussion on the approach Panel members adopt in terms of preparing for hearings, writing reports and formulating conclusions and recommendations.

Metropolitan Melbourne:

Lester has met with DPCD staff, and Council officers from the metropolitan region. The meeting provided an opportunity for discussion on current issues with amendments and how councils might approach presenting to Panels.

2.5 Panel Member Interest Groups

The Interest Groups continue to operate well. Each is convened by a Senior Panel Member and these have been modified over the past year as follows:

 Built Environment and Heritage: Jenny Moles;  Economic Development and Activity Centres: Mark Marsden;  Energy and Environment: Nick Wimbush;  Policy: Lester Townsend;  Precinct Structure Plans: Kathy Mitchell;  Regional Issues: Cathie McRobert; and  Transport Infrastructure Group: Trevor McCullough.

Establishment of the groups and regular discussion and meetings ensure consistency in review of issues and professional development and collegiate discussions.

The Economic Development and Activity Centres Interest Group held its first forum in October on activity centres. Presentations were made by DPCD staff on the economic dynamics underpinning activity centres, key challenges in structure planning process

Page 23 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011 for activity centres and emerging built form issues in activity centres. The forum was attended by over 40 participants and feedback was positive.

The Transport Infrastructure Group met in August 2010 and two major presentations were heard by members. Firstly DPCD provided an overview of the new major transport projects assessment process and how Planning Panels Victoria might be involved. VicRoads outlined its major road projects in progress or about to be commenced.

A briefing on potential forthcoming PSP matters was provided to Panel Members at the PPV meeting in March of this year, where officers from the GAA, VicRoads, DPCD, and the growth area Councils were in attendance. However, there have been no amendments referred to PPV for review and consideration.

In July 2010 the Regional Interest Group members were briefed and provided feedback on DPCD initiatives, such as the Regional Blueprint and the Future Farms report. An interest group session planned for August will address the new bushfire provisions to be introduced and rural strategies.

The Heritage and Built Environment Interest Group met in May 2011. A number of outside consultants spoke about how they approached assessing local level heritage significance. Issues around Aboriginal heritage significance were also addressed. Some useful insights were gained. It was thought by the group to be beneficial to undertake a survey of members about issues addressed in heritage panel reports. This is in preparation.

The Policy Interest Group met in June 2011. Issues with gaming policies and MSS drafting was discussed. DPCD staff attended to discuss issues related to the implementation of Structure Plans on local planning policy and scheme controls.

The Energy and Environment Group met in October 2010 to hear presentations on the Climate Change Act 2010 and recent enquiries into Environmental Impact Assessment by the Victorian Competition and Efficiency Commission. A session on wind farms was held in the afternoon. In May 2011 a session with the Commonwealth was held on joint

Page 24 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011 environmental assessment under the Victorian and Commonwealth bilateral agreement.

2.7 Updates to Office/Panel Procedures

PPV Administration Manual

PPV has prepared a Revised Administration Manual. The Manual provides an overview of the administrative tasks undertaken by PPV and what is expected of officers undertaking those tasks. Edition 2 of the Manual was completed and issued to staff in June 2011.

PPV Administration & Finance: Laura Agius, Sharon Walker, Adrian Williams, Tina Ding

Web page redevelopment

DPCD is looking at an overhaul of its web presence. As part of this review PPV have mapped out a much more dynamic web page which will be updated on a fortnightly basis and include more relevant material on Panel hearings and reports. The design is now operational and will be continually updated.

Australasian Legal Information Institute ‐ AustLII

This initiative seeks to ensure that all publicly released PPV reports are available on line through the AustLII web page http://www.austlii.edu.au/au/cases/vic/PPV/.

Reports going back to 2001 are currently online and PPV is continually updating the site with reports as they are publicly released. Reports from the introduction of the New Format Planning Schemes to 2011 are gradually being added as resources permit.

Page 25 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

3. KEY ISSUES FROM 2010/11

Over the past 12 months, there were five key issues that emerged requiring a PPV response. These are outlined and discussed as follows.

3.1 Changed Sessional Member Review Processes (i) The Issue

As a result of the sessional member review of late 2009, one member who was not recommended for re‐appointment pursued the matter with the Department, as he felt he had been unfairly dealt with. An external review of the issue was conducted by a consultant and the position of PPV was upheld. Notwithstanding, PPV undertook measures to improve its review processes and these have now been put in place.

(ii) Summary and Outcomes

During the year, PPV has sought to further improve the process of reviewing the performance of sessional members. This has been done in a number of ways including further clarifying the competencies required of sessional members as well as regular communication of performance in respect of the submission and quality of Panel reports.

With a mid term review of sessional members occurring over the June July period, PPV have developed a series of key competencies which are used as part of the review of members performance.

These competencies were also discussed with the People and Culture Unit of DPCD and communicated to sessional members at the beginning of June. Members were asked for any comments or feedback. The competencies are as follows:

Prior to Hearings  provides advice in advance of any availability issues;  routinely accepts Panels when offered and continues to be available;  identifies and reports any potential conflicts of interests and  prepares well for the Hearing.

Page 26 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Hearings  is punctual and attentive at the Hearing;  treats all people presenting and others attending hearings with courtesy, respect and dignity;  identifies, acknowledges and sets aside personal prejudices; and  asks clear, concise and relevant questions which are understood by those to whom they are addressed.

Report Writing  report contributions are well written, in line with PPV templates with clear and pertinent recommendations;  report contributions are submitted to the Panel chair on time; and  as chair, ensures reports are submitted to PPV on time.

Administration  promptly submits claims at the end of each month and after the submission of reports; and  claims are prepared in accordance with PPV protocols.

These competencies were successfully used by PPV as part of the mid term performance review and will be used as part of the end of term review at the end of 2012. They will become part of the key selection criteria for any new sessional member appointments.

PPV was pleased to receive positive feedback regarding the introduction of the mid term review process from sessional members.

Additionally, PPV developed a framework for assessing the performance of all Senior Panel Members. This framework focused on all areas of performance including:

 the conduct of public hearings;  the development and management of ongoing stakeholder relationships;  contribution to PPV operations including continuous improvement; and  chairing of Interest Groups on specialist areas.

In addition, Senior Panel Members were asked to identify training needs to enable them to further develop capabilities. The framework was piloted during the year and was well received by all members. It will continue to be used extensively with both mid and end year assessments to be completed.

Page 27 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

3.2 Potential for Conflict of Interest in a Panel Process

(i) The Issue

The Ombudsman requested information from DPCD and PPV regarding a complaint by a submittor in relation to the Panel process for Amendment C78 to the Moreland Planning Scheme. In essence, the submittor asserted that one of the Panel members had a conflict of interest (this claim was made several weeks after the Panel had completed its report and submitted it to Council).

PPV refuted this claim and ultimately, so did the Ombudsman. However, PPV enhanced its procedures relating to potential conflicts of interest to ensure that better documentation occurs in all PPV matters.

(ii) Summary and Outcomes

PPV’s appointment procedures have been reviewed and the steps involved tightened to ensure that completed nomination forms are received and assessed prior to a Panel member’s appointment.

PPV recognises that potential conflicts of interest can arise during later stages of the Panel process. For example, a Panel member may become aware of a potential conflict of interest once a party to the hearing lodges a Request to be Heard form and indicates the witnesses to be called at the hearing. These details cannot be known at the time of appointment.

For this reason, PPV has implemented a ‘dual process’ with regard to conflicts of interest, whereby a Panel member is required to complete a further form after all requests to be heard have been received and witnesses identified, confirming that they have no known or perceived conflict of interest. This is similar to the one which is completed prior to the Directions Hearing. To further assist in this, PPV prepared an internal paper on conflict of interest issues which has resulted in a number of other system improvements.

Additional administration checks have been put in place at PPV to ensure that all members nominated to a Panel or Advisory Committee complete the required conflict of interest forms, even if they are the full time members. If it is the Chief Panel Member herself appointed to a matter, those forms are attached to the appointment

Page 28 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011 documentation that is sent to the Minister for Planning, Deputy Secretary or their delegate. The completed and signed forms must now be sighted before an appointment is made for any matter.

3.3 Coastal Estates s39 Inquiry i. The Issue

Coastal Estates Pty Ltd, a submitter in relation to Bass Coast Planning Scheme Amendment C93, brought a proceeding under section 39 of the Planning and Environment Act 1987 against the three member Panel which heard and considered submissions in relation to this Amendment together with two other amendments in December 2009. The Amendment proposed the introduction of structure plans for ten coastal townships including Coronet Bay. As well as other land to the north of that township, Coastal Estates owns a large undeveloped land parcel to its south. The southern land was designated in the Amendment for mid‐term future expansion of the town. Coastal Estates sought to have this land designated for short term growth. Coastal Estates was represented at the Panel Hearing by a planning barrister and a solicitor. They called three expert witnesses.

Having considered all of the nine submissions about the township, the Panel considered that the allocation of land for town growth, as was the case in a number of other townships, was excessive, and recommended the southern land parcel should not be included as a future growth area. In identifying the parts of the surrounding land suitable to accommodate future growth, the Panel relied in part on the Victorian Coastal Strategy.

Coastal Estates claimed that the Panel had failed to comply with sections 24(a), 25(1) and 161 (1)(b) of the Act in considering the submissions and reporting to the Council. While the proceeding initially lodged with VCAT was one brought within the established procedural confines of the ambit of section 39, in a later amended version of their application, Coastal Estates argued for a wider interpretation of section 39 – that it enabled a form of judicial review – claiming that the Panel took into account irrelevant considerations and/or made findings not open on the evidence, wrong in law or manifestly unreasonable.

ii. Summary and Outcomes

VCAT found that substantive errors that stem from a Panel’s reasoning or use of the material placed before it are not ‘defects in procedure’ which is the proper ambit of

Page 29 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011 section 39: substantive errors are instead reviewable by a court. VCAT also commented that in as much as a planning authority is not obliged to follow a Panel’s recommendations, a submitter might seek to pursue any concerns about errors in a Panel’s reasoning, not reviewable under section 39, by putting that view to the planning authority or Minister prior to adoption or approval of the amendment. VCAT made no findings on the alleged substantive errors.

As to the alleged procedural failures, VCAT also found that there had been no breach of natural justice by the Panel process. VCAT relied heavily on the decision in Winky Pop Pty Ltd (No. 2) v Hobson’s Bay City Council [2008] VCAT 206 and reiterated the view that the rules of natural justice applicable in a particular situation will vary and that Panel hearings may be site‐specific and typically conducted adversarially; or they may be broader policy based inquisitorial hearings. VCAT noted that this proceeding was of the latter type and that the Panel was considering a range of submissions concerning the Coastal Estates land.

The VCAT decision notes that Coastal Estates were aware of the other submissions and had experienced representatives at the Hearing, therefore it had the opportunity to address the other submissions about its land. VCAT found that it was not necessary for the Panel to put the views of all other submitters to the submitter. It was said that, indeed, a requirement to put all other submissions before every party would make hearings of this type unworkable. Nor is it required, VCAT said, for the Panel to put all of its possible findings before a submitter for response.

3.4 Ombudsman Inquiry into the Windsor Hotel (i) The Issue

An Ombudsman’s inquiry was held into the probity of matters relating to the approval process for the Windsor Hotel. The report of the Ombudsman was made public in February 2011 and it included three recommendations for PPV. These are discussed further.

Recommendation 5: Planning Panels Victoria implements mandatory recording of all planning panel and advisory committee hearings.

Recommendation 7: Planning Panels Victoria review its conflict of interest policies and procedures for members of planning panels and advisory committees, including:

Page 30 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

 Requiring all members of planning panels and advisory committees to sign a conflict of interest declaration for each panel or advisory committee for which they are nominated.  Reviewing conflict of interest declarations prior to the appointment of members to planning panels and advisory committees.  Ensuring that a record detailing the Chief Panel Members decision making regarding a conflict of interest situation is made and kept on file.  Maintaining a register of conflicts of interest that contains clear and accurate records of all declared or identified conflicts of interest and the management of them.

Recommendation 8: Planning Panels Victoria provide initial and refresher training on conflicts of interest to all members of planning panel and advisory committees.

(ii) Summary and Outcomes

With regard to recording of hearings, this needs to be further explored as it has significant cost implications. A full cost benefit analysis would need to be undertaken for the recording of all hearings, especially for those held outside of PPV’s hearing rooms in Melbourne. That assessment has not been undertaken at this point in time. It would seem likely that PPV would need to develop threshold criterion for identifying significant matters for recording.

With regard to conflicts of interest procedures, PPV has initiated and complies with all of these recommendations. All members are required to complete the following for probity upon appointment:

 Appointee Declaration (or Declaration of Private Interests);  Standard Curriculum Vitae;  Consent Form (Appointee); and  National Criminal History Record Check.

Page 31 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

In addition members need to provide certified copies of ID that add up to 100 points. A copy of a passport and a driver’s licence meets this requirement.

Members must also nominate upon appointment any potential conflict they may have (i.e. their own municipality, previous and current professional associations, particular consultants they may work with, former employees etc). These are taken into account prior to any potential appointment.

As earlier indicated, from August 2010, PPV directed that all members, including the Chief Panel Member and Senior Panel Members are required to sign an initial nomination form that provides a declaration that the nominated member is available to assist and has no known conflict of interest for the matters to which they had been asked to sit on. Previously only sessional members were required to submit these forms for any planning scheme amendment Panel they were asked to sit on.

As stated above, from January 2011, all members have been required to sign a second conflict of declaration form after the Directions Hearing had been held for a matter. They are required to nominate any declarations they made (if any) and then sign that form.

Additionally, PPV has prepared a new paper for all members (Conflict of Interest Paper November 2010) that has been circulated to all members – this is in addition to information contained in the Panel Members Manual. This was reviewed and is supported by DPCD Legal.

A record of any potential conflict is maintained (usually by email exchange) and kept in the relevant job file.

In late 2009, PPV appointed 19 new sessional members. As part of their inception, they were required to attend a full training day, which was held on 4 February 2010. Apart from the various issues discussed by the Chief Panel Member and Senior Members, a senior barrister from the Victorian Bar also attended and discussed a range of matters relating to planning law, the conduct of hearings, conflicts and the like.

The focus of the first seminar in February this year was on conflicts of interest issues, and an interactive workshop was held by a senior barrister and DPCD’s Principal Lawyer.

Page 32 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

3.5 Privacy Issues

(i) The Issues

A submittor to a wind farm matter raised a complaint with the Privacy Commissioner that private information was collected and disclosed during a public hearing process.

Concurrently, during the year, PPV was involved in a working group on Privacy issues within the Department. The work of this group involved how business units within the Department dealt with private information that was received primarily in submissions.

(ii) Summary and Outcomes

DPCD’s privacy officer and PPV conducted a thorough assessment of the complaint. The assessment acknowledged that DPCD did collect and disclose personal information as required to meet its obligations under the Planning and Environment Act 1987 regarding public submissions. This information was provided by the Complainant and then disclosed by PPV in compliance with the Information Privacy Act 2000. The Privacy Commissioner held that the complaint was lacking in substance and/or was being dealt with adequately. This response was upheld by the Privacy Commissioner.

A substantial part of PPV and the Department’s business is to facilitate public participation in a range of planning decision‐making at the direction of the Minister for Planning. This occurs through collecting, publishing and considering submissions from the public and creating opportunities for public debate through the hearing process. In recognition of the challenges involved in ensuring open and fair process for the consideration of submissions and complying with Information Privacy, the privacy officer commenced working with the Department on these issues earlier this year.

The end result of this work was the formulation of a privacy Guideline which is now being used across all of DPCD. This will involve each business unit including PPV developing a procedure to ensure that privacy issues are dealt with in accordance with the DPCD policy.

For PPV, this has ramifications as it not only in relation to written submissions, but also for submissions that are made at hearings and how members identify submittors in their reports.

Page 33 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

All letters sent out by PPV include information that all submissions and material received will be considered as public documents. This is reiterated at all Directions Hearings. PPV will take into consideration any future use of the information received as well as its storage and disposal. It is anticipated that this work will be completed and a final procedure issued by the end of 2011.

Page 34 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

4. FINANCE SUMMARY

As anticipated in 2009/2010, Planning Panels Victoria’s expenditure was expected to rise. Total Planning Panel expenditure was $2.94 million for the 2010/2011 financial year, of which $2.69 million was recouped.

In January 2011, a Panel charge was introduced as an additional means of offsetting increasing costs associated with running the Panels process. This has resulted in $216,000 being received in the 2010/2011 financial year.

PPV recoups its costs for most matters. Invoices are sent to the relevant Planning Authority (or party as provided for in the Acts) either on an interim basis or on completion of the Panel. The current and types of charges that PPV recovers include:

 Panel Member Fees (current rates for a Senior Panel Member $403 Chair $389 and Member $352.00 half day rates);  Mileage or transportation charges involved travelling to site inspections, Panel hearings. (Cents per kilometre method depending on car size) *;  Accommodation (if any) *;  Meals associated with an overnight stay *;  Catering for Panel members during the hearing process; and  Photocopying – Administrative charge.

Planning Panels Victoria is pleased that most members submit their claims on a monthly basis and at the completion of any matter. It greatly assists the office being able to process claims and prepare invoices in a timely manner.

** PPV uses the Australian Taxation Office‐ Travel and Meal Allowance Schedule to determine rates applied for mileage, accommodation and meals expenses associated with overnight stay

Page 35 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

5. THE YEAR AHEAD

Planning Panels Victoria looks forward to continuing its important role in deliberating on a wide range of planning and environmental matters referred to it over the coming year. It undertakes its work with a great deal of commitment and pride, and all members are keen to ensure that quality resolutions are provided that balance the needs of the various stakeholders. Our stakeholders include Councils, Government departments, agencies and authorities, various project proponents, community groups, and individual submittors.

The year ahead will present many opportunities and challenges for PPV in the context of working with a new Government and assisting it to meet its planning agenda.

The significant amount of work undertaken in the past year with respect to conflicts of interest and privacy procedures will provide clearer guidelines for all members.

PPV advocates a process of continuous improvement in all aspects of its work and is always keen to gain feedback to ensure this. PPV thanks you for your support and is always pleased to engage in further discussion to ensure it upholds best practice in all aspects of its work.

Kathy Mitchell, Chief Panel Member Planning Panels Victoria 31 July 2011

Page 36 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Attachment 1: Planning Panels Victoria Matters ‐ 2010/2011

Matter Member/s Report No. of Details of the Panel considered Date sub’s Yarra C126 Richard Horsfall 16/07/10 3 Amend clause 45.01 to apply a Public David Blore Acquisition Overlay 3 to 182 – 186 St Georges Road, Fitzroy North to allow for development of a community hub. Greater Geelong Gaye McKenzie 20/07/10 15 Amend clauses 43.04 and 61.03, apply a C103 Sue Porter Development Plan Overlay and rezone 28 ha bounded by Clarendon Road, Princess Street, Woodville Street and the rear of Murradoc Road, Drysdale from part Farming and part Low Density Residential to Residential 1 to allow for the subdivision and development. Greater Geelong Gaye McKenzie 20/07/10 32 Amend clauses 21.33, 32.04, 37.01 and C194 Sue Porter 61.03 and rezone various sites to implement the Drysdale – Clifton Springs Structure Plan April 2009. Glen Eira C60 Alison Glynn 27/07/10 67 Amend clauses 22.06, 37.96, 61.03 and David Mitchell 81.01, apply a Road Closure Overlay and Ken Northwood rezone land bound by Station Street, Kambrook Road, Bond Street, Heywood Street and Normanby Road, Caulfield from part Residential 1 and part Mixed Use to Priority Development 2 to allow for mixed use development. Shaw River Power Cathie McRobert 04/08/10 12 Construction of a gas‐fired power station Station EES and Ian Coles near Orford, together with a high‐pressure Amendment Jacqui McLeod gas pipeline from Port Campbell and a Moyne C36 Greg Sharpley water supply pipeline from Port Fairy. Mortlake Wind Nick Wimbush 06/08/10 139 Call‐in of Planning Permit Application Farm Esther Kay 2008/0538 for the construction of a 96 Ian Harris turbine Wind Farm on two sites to the east and south of Mortlake. Maribyrnong C47 Peter Newman 11/08/10 6 Amend clause 43.04, apply Development Ken McNamara Plan Overlay 8, Environmental Audit Overlay, Design and Development Overlay 1 and rezone Lot 1 Williamstown Road, Maidstone from Special Use 1 to Residential 1 to allow for the residential development of the site. Greater Geelong Helen Weston 12/08/10 31 Amend clauses 22.20, introduce Design C205 John Ostroff and Development Overlay 19, an

Page 37 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Environmental Audit Overlay, Public Acquisition Overlay 9 and delete Design and Development Overlay 14 and rezone land to implement the recommendations of the Housing Diversity Strategy 2007 and the West Fyans – Fyans Street Precinct Structure Plan 2009. Greater Geelong John Keaney 18/08/10 666 Amend clauses 43.04 and 61.03, apply C73 Craig Czarny Development Plan Overlay 22 and rezone Trevor McCullough 36 ha bounded by Flinders Avenue, Windermere Road and existing residential areas, Lara from Rural Living to Residential 1 to allow for residential development in accordance with the Lara Structure Plan 2009. Greater Geelong John Keaney 18/08/10 72 Amend clause 21.31 to replace the existing C198 Craig Czarny MSS policy provision for Lara with a new Trevor McCullough version to reflect the preparation of a new Planning policy (Lara Structure Plan 2009) for the township of Lara. Social Housing Kathy Mitchell 20/08/10 19 Construction of Housing Affordability Standing Advisory Rodger Eade Fund social housing at: Committee ‐ Des Grogan  147 – 181 Elizabeth Street, Stonnington and Renate Howe Richmond; Yarra Ann Keddie  Atherton Gardens Estate at 140 – Bill O’Neil 172 Brunswick Street, Fitzroy; and  Horace Perry Estate at 267 – 271 Malvern Road, Prahran. Corangamite ‐ Jenny Moles 23/08/10 306 Call‐in of Planning Permit Applications P2009/104 and Graeme David 2009/104, 2009/105 and PL‐SP/05/0548 for P2009/105 Rod Gowans the construction of a 242 turbine Pyrenees ‐ PL‐ Doug Munro Stockyard Hill Wind Farm between SP/05/0548. Beaufort and Skipton. Stockyard Hill Woolworths Stores Kathy Mitchell 25/08/10 87 Review of matters related to the proposed Advisory Gordon Anderson location of Woolworths hardware concept Committee ‐ Final Kevin Breen stores at Report Brett Davis  Burnside; Rob Deutscher  Carrum Downs; Jodi Kennedy  Coolaroo; Chris McNeill  Geelong North; Ian Walters  Hawthorn East;  Knoxfield;  Mornington;  Oakleigh South;  Preston;  South Morang

Page 38 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

 Wendouree Mt Alexander C37 Lester Townsend 26/08/10 12 Rezone 159 incorrectly zoned sites across the municipality, to the most appropriate zone. Moorabool Permit Chris Banon 26/08/10 103 Call‐in of Application 2009012877 to allow 2009/012877 Call Colin Burns for the establishment of the 110 turbine In ‐ Moorabool Helen Martin 5600 ha Moorabool Wind Farm 5km south Wind Farm of Ballan. Doncaster Hill Lester Townsend 27/08/10 10 Advise on the classes of applications for DAC Advisory John Ostroff permit within Doncaster Hill Activity Committee. Ian Walters centre that will be determined by a Development Assessment Committee. Greater Bendigo Lester Townsend 27/08/10 26 Amend the scheme and rezone 500ha in C136 Catherine the Huntly Township Plan 2009 Study Area Hunichen to a range of zones to accommodate commercial and residential growth in Glen Huntly and facilitate Greenfield and infill redevelopment. Greater David Merrett 30/08/10 10 Amend clauses 32.04 and 44.04 to amend Dandenong C102 Kevin Breen the schedules to the Mixed Use Zone and Development Plan Overlay 8 for 7.9 ha on the south‐east corner of Cheltenham Road and Springvale Road, Keysborough to allow for mixed use development. Wildfire Mgt Mark Marsden 08/09/10 3 Review of the appropriateness of the Overlay Standing David Merrett Wildfire Management Overlay for 41 Committee Report Crestwood Drive, 13 Murawa Drive and No. 4 Mornington 62 Parkedge Circuit, Rosebud. Peninsula. Ararat Application Robin Saunders 09/09/10 20 Call‐in of Permit Applications to allow for 09/004799 Call In Ian Gibson the establishment of the 75 turbine Ararat North Grampians Jack Chiodo Wind Farm on land in Bulgana and 5.2009.94.1 Call‐in surrounding areas. Ararat Wind Farm Moorabool Appeal David Blore 10/09/10 148 Establishment of the 14 turbine, Yaloak Call In P664/2010 Colin Burns South Wind Energy Facility. Application Ian Harris PA2010/002 Call In ‐ Yaloak Wind Farm. Wodonga C62 Michael Kirsch 13/09/10 7 Rezone 2, 4 and 6 Melrose Drive, Wodonga from Residential 1 to a Business 4 to allow for the commercial development of the land. Stonnington C108 Margaret Pitt 17/09/10 2 Amend clause 43.01 to apply permanent Jim Holdsworth heritage controls for the following:

Page 39 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

 HO127 Chatsworth Road Precinct Extension, Prahran  HO145 Portland Place Precinct, South Yarra  HO385 Banole Estate Precinct, Prahran  HO386 Chomley Street Precinct, Prahran Stonnington C112 Margaret Pitt 17/09/10 14 Amend clause 21.06, 22.04 and 43.01 to Jim Holdsworth apply or extend a Permanent Heritage Overlay for the following:  HO356 Repton and Ardrie Estate Precinct, Malvern East;  HO387 Gardiner Park Estate Precinct, Glen Iris;  HO388 Stanley Gardens Precinct, Malvern East;  HO389 Caulfield Junction Precinct, Malvern East;  HO390 Darling Road Precinct, Malvern East Greater Andrew Clarke 23/09/10 12 Amend clauses 21.02, 21.04, 21.06, 22.10, Dandenong C73 Jodi Kennedy 34.02, 43.02 and 61.03, apply Overlays and rezone land bounded by Ericksen Street, Whitworth Avenue, Mile Creek, the western boundary of Sandown Race Course, View Road, Hillcrest Grove, Heather Grove, Albert Avenue, Balmoral Avenue, and Princess Avenue, Springvale to implement the recommendations of Springvale Activity Centre Structure Plan. Yarra Ranges C90 Trevor McCullough 23/09/10 1 Rezone 30 Heritage Lane, Healesville, Part 3 from Public Use 1 – Service and Utility to Green Wedge Zone 5 to reflect private ownership of the site. Macedon Ranges Michael Kirsch 23/09/10 46 Amend clauses 21.02, 21.07, 21.08, 22.02, C67 Brett Davis 32.03, 37.07, 43.02, 43.04 and 61.03 and update various maps to implement the recommendations of the Gisborne/New Gisborne Outline Development Plan, Revised Final Report, September 2009. Hume C119 Alison Glynn 29/09/10 11 Amend clauses 37.07, 45.056, 52.01, 52.16, Des Grogan 61.03 and 81.01 and rezone land to Urban Bill OʹNeil Growth 2 Zone to incorporate the Greenvale North R1 Precinct Structure Plan (including the Greenvale North R1 Native Vegetation Precinct Plan) and the

Page 40 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Greenvale North R1 Development Contributions Plan into the scheme. Social Housing Kathy Mitchell 30/09/10 14 Construction of housing proposal at 312 – Standing Advisory Rodger Eade 328 Moorabool Street, Geelong. Committee Renate Howe Moorabool Street Geelong Glen Eira C75 Mark Marsden 30/09/10 14 Amend clauses 21.01, 21.03, 21.06, 21.07, Chris McNeill 34.02, 43.04, 45.03 and 61.03, apply a Development Plan Overlay 2 and an Environmental Audit Overly and rezone 12.35 ha at 236‐262 East Boundary Road, Bentleigh East (‘Virginia Park’) from part Business 3 and part Industrial 1 to part Business 3 and part Business 2 to allow for the redevelopment of the site. Wildfire David Merrett 30/09/10 3 Appropriateness of Wildfire Management Management Ian Gibson Overlay Application to: Overlay Standing 70 Feathertop Track, Harrietville. Committee Report No. 5 Feathertop Track Harrietville. Casey C127 Rodger Eade 06/10/10 10 Amend clauses 34.01 and 34.05 to amend Catherine the Business 1 Zone and rezone 2.4 ha at Hunichen 1390 Thompsons Road, 375 Narre Warren Road, 81S and 85S Springhill Drive, Cranbourne from Residential 1 to Business 5 facilitate the development of a Medium Neighbourhood Activity Centre at Carlisle Park. Kingston C110 Lester Townsend 07/10/10 8 Rezone 369‐385 Spring Road and 642‐660 Springvale Road, Dingley Village from Public Use 3 to Green Wedge Zone 2 to correct a zoning error that occurred during the introduction of the Kingston New Format Planning Scheme. Greater Bendigo Gaye McKenzie 06/10/10 11 Amend clauses 21.10, 42.01, 43.02, 43.04, C133 Christine Forster 52.16 and 81.01, amend the Environmental Significance and Design and Development Overlays, and rezone 160 ha bounded by Eaglehawk – Epsom Road, Edwards Road, Jobs Gully Road and Watson Street, Jackass Flat from Farming to Residential 1 to implement the Jackass Flat Local Structure Plan 2009. Cardinia C124 Bill OʹNeil 08/10/10 18 Rewrite of the Cardinia Planning Scheme. Lorraine Stupak

Page 41 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Knox C54 Jenny Moles 25/10/10 8 Amend clauses 21.09, 21.10, 21.11, 22.07, 22.09, 22.10 and 43.02 to implement recommendations of Bayswater 2020: Bayswater Structure Plan. Casey C129 Michael Kirsch 27/10/10 36 Amend clauses 21.03, 22.01, 22.07, 34.01, Geoff Caruthers 37.07, 45.06, 52.01, 52.16,61.03 and 81.01 Robert Johnson and remove the Urban Floodway Zone: apply the Urban Growth Zone 3; introduce a Development Contributions Plan Overlay 13; apply and Environmental Audit Overlay; revise the Heritage Overlays; apply a Public Acquisition Overlay 3; and incorporate the Clyde North Precinct Structure Plan to allow for residential development of land bounded by Grices Road, Pound Road, Thompsons Road and Cardinia Creek, Clyde North. Port Phillip C62 Helen Weston 28/10/10 19 Review of the Port Phillip Planning Trevor McCullough Scheme. Ballarat C127 Lester Townsend 29/10/10 25 Amend clauses 21.01, 21.0, 21.04, 21.05, Sue Porter 21.06, 21.08, 21.11 to implement the Miners Rest Outline Development Plan (Volumes 1 and 2). Ports and Mark Marsden 01/11/10 60 Review of the Planning Controls for the Environs Advisory Des Grogan port and environs areas for the Ports of Committee Helen Weston Melbourne, Geelong, Portland and David Whitney Hastings. WMO Standing Chris Banon 01/11/10 3 Review the appropriateness of the Advisory Peter Sheehan Wildfire Management Overlay for Lot 122 Committee – Inverloch Venus Bay Road, Inverloch. Report No 6 Inverloch Mildura C47 David Blore 03/11/10 5 Amend clause 43.01 to revise the extent of the Heritage Overlay:  reduce HO125 that applies to ‘Imbarlee’ at 617 Mateo Avenue  reduce HO177 that applies to ‘Wonwonda’ at 574 Mateo Avenue  delete HO122 that applies to a house at Crown Allotments 5 and 6 Walnut Avenue to correct anomalies in the Heritage Overlay mapping. Benalla C13 Trevor McCullough 04/11/10 20 Amend clauses 21.06, 21.07, 21.09, 21.10, Brett Davis 22.06, 43.02, 45.01 and 61.03, apply Design and Development Plan Overlay 6 and

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Public Acquisition Overlay 9 to implement the Lake Benalla Environs Study 2007 to include new strategic directions for land use and development in the lake environs. Glen Eira C76 and Trevor McCullough 10/11/10 7 Amend clause 22.07 and rezone 235 and Permit 237 Murrumbeena Road, Murrumbeena Application from Residential 1 to Business 1 to extend GE/PP‐22010/2009 the boundaries of the Murrumbeena Local Centre. Hume C121 Alison Glynn 11/11/10 11 Amend clauses 21.01, 21.06, 31.07, 45.06, Des Grogan 52.01, 52.16, 61.03 and 81.01 and rezone Bill O’Neil 106 ha on the north west corner of Somerton Road and Mickleham Road, Greenvale to include the site in the Greenvale West R3 Precinct Structure Plan. Surf Coast C55 Kathy Mitchell 12/11/10 8 Amend clauses 21.13 and 43.02 and apply Design and Development Overlay 15 to 26 – 44 and 73 – 89 Great Ocean Road, Aireys Inlet to implement the recommendations of the Aireys Inlet Commercial Areas Design Guidelines, June 2009. Greater Geelong Megan Carew 16/11/10 7 Apply Design and Development Overlay C215 and Permit 24 and rezone 1364‐1368 Murradoc Road, Application St Leonards from Residential 1 to Business 1295/2009 1 to allow for a supermarket, including a car park, altered access to a road, variation of the sewer easement and construction of public amenities. Greater Geelong Nick Wimbush 16/11/10 8 Amend clause 43.04, apply Development C202 Plan Overlay 22 and rezone land bound by Portarlington Road, Moss Road, Kensington Road and to the north of the Bellarine Rail Trail, Leopold from Farming to Residential 1 to allow for the residential development. Moyne C25 Nick Wimbush 22/11/10 13 Amend clauses 22.01 and 32.06 apply Jim Holdsworth Design and Development Overlay 22 to implement the design objectives and standards of the Peterborough Urban Design Guidelines to allow for sponsorship signage for tee markers on the Peterborough Golf Course. Greater Bendigo Mark Marsden 24/11/10 19 Amend clauses 21.04, 21.05, 21.06, 21.07, C137 Brett Davis 21.10, 32.03, 43.03, 43.04, 45.01, 61.03 and 81.01 and rezone 385 ha known as New Development Areas East and West,

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Strathfieldsaye from part Low Density Residential, part Rural Living and part Business 1 to Residential 1 to implement the recommendations of the Strathfieldsaye Township Plan, 2009. Surf Coast C57 Andrew Clarke 24/11/10 10 Amend clauses 45.06, 52.01, 61.03 and Richard Horsfall 81.01, apply a Development Contributions Plan Overlay to the Torquay Jan Juc township and introduce new open space contribution requirements. Whittlesea C188 Kathy Mitchell 25/11/10 7 Amend clause 32.04 and rezone the Rodger Eade proposed Epping North East Neighbourhood Activity Centre at part of 126A Harvest Home Road and 220, 235 and 290 Epping Road, Wollert from Residential 1 to part Mixed Use and part Road 1 to allow for development of the Epping North East Neighbourhood Activity Centre. Golden Plains C55 Lester Townsend 01/12/10 15 Amend clauses 21.04, 22.12, 43.01, 42.03 Ray Tonkin and 61.03 to introduce a new local planning policy for Heritage Precincts and apply Significant Landscape Overlays to 12 sites and a Heritage Overlay to 76 sites as identified in the Golden Plains Shire Heritage Study Stage Two (2009). WMO Standing Mark Marsden 03/12/10 3 Review the appropriateness of the Advisory David Merrett Wildfire Management Overlay for 63 Scott Committee – Road, Yarra Glen. Report No 7 Maribyrnong C77 Jenny Moles, 05/12/10 67 Amend clause 43.02 to apply and Design Catherine Wilson and Development Overlay 9, remove Heritage Overlay 18 and rezone 1.49 ha at 170 and 180 Ashley Street, Maidstone from part Public Use 7 and part Residential 1 to Industrial 3 to allow for industrial development of the land. South Gippsland Henry Turnbull 02/12/10 6 Amend clauses 43.02, 61.03 and 66.04 and C54 apply Design and Development Overlay (Schedules 7, 8, 9 and 10) to areas surrounding the Leongatha and Foster Hospital helipad sites to protect the helicopter flight paths from future development Geelong Station Kathy Mitchell 13/12/10 3 Review of the controls covering the Precinct Controls Jim Holdsworth Geelong Station Precinct Advisory Trevor McCullough

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Committee. Yarra Ranges C95 Chris McNeill 13/12/10 698 Amend clause 43.01 to introduce a 5,195 and Permit Gordon Anderson square metre retail floor space limit and Application Ross Ramus rezone 547 ‐ 585 Warburton Highway, 6 YR2009/1606 Link Road and 12 Britton Road, Seville from part Residential 1 and part Business 1 to Business 1 to allow for development of a supermarket, specialty shops, medical centre, petrol station, car wash and associated car parking and works. WMO Standing Cathie McRobert, 21/12/10 3 Review the appropriateness of the Advisory David Merrett Wildfire Management Overlay for 4A Committee – Kristen Close, Frankston South. Report No 8 Yarra C112 Cathie McRobert 21/12/10 2 Rezone the surplus the Kangan Batman TAFE site at 70 Gwynne Street, Cremorne from Public Use 2 (Education) to Business 3 to allow the land to be developed. Nillumbik C51 Mark Marsden 21/12/10 31 Amend clauses 22.07, 22.08, 22.15, 34.05, Jodi Kennedy 42.03 and 43.02 to apply a suite of controls John Ostroff to implement the Eltham Major Activity Centre Structure Plan (August 2004) in the Eltham Town Centre (Precincts 1 to 4 of the Eltham Major Activity Centre). Nillumbik C53 Mark Marsden 21/12/10 13 Amend clauses 22.14, 34.05, 42.03, 43.02, Jodi Kennedy and 61.03 for Precincts 1, 3, 4, 5 and 6 as John Ostroff set out in the Diamond Creek twenty20 Major Activity Centre Structure Plan and Leisure Facilities Plan (Sept 2006) to provide for land use and built form recommendations of the Structure Plan. Coastal Climate Nick Wimbush, 24/12/10 54 Investigate and recommend ways in Change Advisory Chris Harty, which Victoria’s land‐use planning and Committee Helen Martin, development controls can best support the Catherine Wilson Victorian Government’s policy for managing the coastal impacts of climate change as outlined in the Victorian Coastal Strategy 2008. Colac Otway C58 Jenny Moles 22/12/10 9 Amend clauses 21.02, 21.03 and 21.07, Greg Sharpley introduce new reference documents and rezone land north of Separation Creek from Low Density Residential to Rural Conservation to implement the recommendations and findings of the Kennett River, Wye River & Separation Creek Structure Plans, February 2008. Mornington Kathy Mitchell 23/12/10 24 Amend clauses 21.09 and 22.19 to

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Peninsula C133 Bill O’Neil introduce a Green wedge camping and caravan park policy on a permanent basis, for land outside the Urban Growth Boundary. Maroondah C69 Lester Townsend 24/12/10 5 Amend clauses 22.03, 22.17, 43.02 and 45.01 to:  introduce Public Acquisition Overlay 4 to 4 (Unit 1), 6, 10, 18 and 20 Grey Street, Ringwood;  introduce the “Maroondah Hospital and Specialised Medical Centres” Local Policy, introduce Design and Development Overlay 9 and alter the Maroondah Neighbourhood Character Policy for land in Ringwood East; to allow for the future expansion of the Maroondah Hospital. Melton C80 and Lester Townsend 24/12/10 14 Rezone 1.79 ha at Lot 1 Hume Drive, Permit 2010/2901 Taylors Hill, including the Sydenham Reservoir Holding Tank from Public Use to Residential 1 to allow for the land to be subdivided into two lots. Wyndham C123 Michael Kirsch 29/12/10 40 Amend clauses 21.03, 21.04, 21.05, 22.05, Darrel Brewin 37.07, 45.06, 52.01, 52.16, 61.03, and 81.01, apply Development Contributions Plan Overlay 8 and apply an Environmental Audit Overlay to introduce the Truganina South Community PSP. Frankston C53 Ian Gibson 10/01/11 1 Amend clause 43.01 to apply a permanent Supplementary Boyce Pizzey Heritage Overlay to the former Post Office Report site at 2‐4 Davey Street, Frankston. Bass Coast C114 Mark Marsden 12/01/11 7 Rezone 89 Church Street, Cowes from Residential 1 to the Business 1 to allow for the commercial development of the site. Moyne C35 Part B Cathie McRobert 12/01/11 3 Rezone 5 Commercial Road, Koroit from Farming to Industrial 1 to allow for the industrial development of the site. Brimbank C124 Nick Wimbush 12/01/11 2 Amend clause 43.02 to apply a new Design and Development Overlay Schedule to the Furlong/Majorca Street and St Albans Road/St Albans South precincts, St Albans in the vicinity of the Sunshine Hospital. Latrobe C39 Rodger Eade 19/01/11 17 Amend clauses 21.05, 21.07, 43.02, 43.04 Jodi Kennedy (Interim and 61.03 to: report)  include more specific references to 16/02/11 Bulky Goods Retailing;

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(Final  introduce Design and Development Report) Overlay 9 and Development Plan Overlay 4;  remove part of Design and Development Overlay 4 and part of Development Plan Overlay 3; and  rezone land at Princes Drive, Morwell and Princes Highway and Stammers Road, Traralgon East from Industrial 1 to Business 4 to introduce the recommendations of the Bulky Goods Sustainability Assessment Report 2009 and provide greater flexibility for bulky goods and restricted retailing. Wellington C33 Trevor McCullough 21/01/11 139 Amend clauses 44.03, 44.04 and 61.03 to Stephen Hancock  rename the existing Rural Floodway Helen Weston Overlay to the Floodway Overlay;  modify the Floodway Overlay and Land Subject to Inundation Overlay maps to reflect updated flood information; and  introduce new schedules to the Floodway Overlay and Land Subject to Inundation Overlays to exempt buildings and works that are not expected to adversely affect flood flows/levels, from having to obtain a planning permit. Maribyrnong C82 Lester Townsend 28/01/11 18 Review of the Maribyrnong Planning Cazz Redding Scheme. Greater Geelong Trevor McCullough 03/02/11 12 Amend clauses 21.13 and 43.02 to apply C225 Design and Development Overlay Schedule 25 and rezone the following land known as the Lara town centre expansion site part Station Lake Road and the adjoining road reserve, Lara from part Public Park and Recreation and part Road Zone Category 2 to part Business 1, part Public Park and Recreation and part Road Zone Category 2; and part of Waverley Road, Lara from Residential 1 to Business 1 to allow for:  the expansion of the Lara town centre;  the reconfiguration of Austin Park; and  the realignment of Station Lake Road.

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 to implement the Lara Town Centre Expansion Project. Whittlesea C77 Trevor McCullough 14/02/11 15 Amend clause 52.17 to delete the Development Plan Overlay 6 and Vegetation Protection Overlay 1 and apply Public Acquisition Overlay 2 for land along the proposed alignment for the extension of Findon Road between Plenty Road and Gorge Road, South Morang. Moira C56 Mark Marsden 10/02/11 7 Amend clauses 22.05, 52.06 and 81.01 to:  replace the Car Parking Policy with a new policy;  Introduce a new schedule for the Yarrawonga Parking Precinct Plan and the Cobram Parking Precinct;  delete the Yarrawonga Central Activities District Car Parking Precinct Plan, June 200; and  include the Yarrawonga Parking Precinct Plan and the Cobram Parking Precinct Plan as Incorporated Documents. Moira C63 Mark Marsden 10/02/11 6 Amend clauses 21.04, 21.07 and 61.03, apply Development Plan Overlays and rezone various sites in Numurkah to implement the recommendations of the Numurkah Strategy Plan. Moira C64 Mark Marsden 10/02/11 6 Amend clauses 21.04 and 21.07, apply a Development Plan Overlays and rezone various sites in Nathalia to implement the recommendations of the Nathalia Strategy Plan. Hobsons Bay C67 Cathie McRobert 18/02/11 11 Amend clauses 52.03 (Specific Sites and Permit PA1020959 Exclusions) and 81 to allow for the development of a medical centre on Industrial 3 zoned land at 196‐ 200 Hall Street, Spotswood. Wellington C65 Gordon Anderson 24/02/11 5 Amend clauses 45.01 and 61.03 and apply Public Acquisition Overlay 5 to 0.17 ha adjoining the Airly Clydebank Hall to the south of Clydebank Road and west on Monaghans Lane, Airly to allow the land to be used for car parking for the hall. Yarra Ranges C80 Jenny Moles 25/02/11 1 Rezone 65 Quarry Road, Lilydale from Richard Horsfall Industrial 1 to Industrial 3 to ensure that amenity issues relating to nearby sensitive land uses including an existing residential

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area are appropriately considered. Moonee Valley Kathy Mitchell 28/02/11 10 Amend clauses 43.03 and 81.01, apply C97 Incorporated Plan Overlay 10 and rezone 157A Milleara Road, East Keilor from Residential 1 to Mixed Use to allow for the mixed use development of the site. Yarra C102 Kathy Mitchell 28/02/11 15 Amend clause 43.02 to introduce Design Bob Seiffert and Development Overlay 11 and rezone land known as the Gipps Precinct bounded by Hoddle Street, Victoria Parade, Wellington Street and Vere Street, Collingwood from Industrial 1 to Business 3 to allow for potential for office development of the land. Moyne C35 Part B Cathie McRobert 02/03/11 3 Rezone 5 Commercial Road, Koroit from Farming to Industrial 1 to allow for the industrial development of the site. Banyule C59 Trevor McCullough 09/03/11 2 Amend clause 45.01 to apply Public Acquisition Overlay 7 to 2‐4 & 6 Stubley Court, Greensborough to allow the land to be used for car parking, access roads and associated landscaping and streetscape purposes associated with the Greensborough Principal Activity Centre. Greater Geelong Trevor McCullough 15/03/11 28 Amend clause 61.03 and amend the maps C127 Part 2 Chris Banon to refine the extent of: land affected by the Land Subject to Inundation Overlay in Little River, Point Wilson and Avalon; land affected by the Special Building Overlay in Barwon Heads, Bell Park, Corio, Geelong, Geelong West, Hamlyn Heights, Herne Hill, Moolap, Newcomb, Newtown, Norlane, North Shore, North Geelong, Rippleside, Whittington to reflect the findings of flood studies and flood mapping undertaken by Council and Melbourne Water Wyndham C123 Michael Kirsch 17/03/11 4 Further addendum to the Truganina South Further Report Darrel Brewin Community Precinct Structure Plan Panel Report This addendum relates to the classification and treatment of native vegetation on 105 Palmers Road, Truganina. Moyne C42 Mark Marsden 16/03/11 5 Amend clauses 21.01, 21.09, 21.10, 21.11, 32.03, 35.03, 42.01, 42.02, 32.02, 43.04 and 61.03 and rezone various sites as to

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implement the recommendations and strategic directions of the Strategy and Structure Plan for the Mailors Flat Township (Final Plan – March 2010) prepared by smec urban consulting group. Warrnambool C68 Margaret Pitt 17/03/11 29 Amend clauses 21.01, 21.02, 21.05, 21.06, Jim Holdsworth 21.07, 21.08, 21.09, 21.10, 22.02, 43.01 and 81 and revise the Planning Scheme Maps to implement the recommendations of the Warrnambool Gap Heritage Study – Stage 3 (a). Bass Coast C103 Michael Kirsch 22/03/11 17 Amend clauses 43.04 and 61.03, delete the Ken McNamara Significant Landscape Overlay, apply Design and Development Overlays 1 and 22 and rezone Lots 1& 2 TP821186R, Lots 1 and 2 TP078297W and Lot 7 PS 302496J bound by Phillip Island Road, Potters Hill Road and existing residential land, San Remo from Farming to Residential 1 to implement the recommendations of the San Remo, Newhaven and Cape Woolamai Structure Plan. Yarra Ranges C102 Trevor McCullough 23/03/11 14 Amend clause 43.04 to apply Design and Bill OʹNeil Development Plan Overlay 7 and rezone the ‘Lacola Site’ bounded by Old Melbourne Road, Maroondah Highway and Kimberley Drive, Chirnside Park from part Industrial 1 and part Business 4 to Mixed Use to allow for the mixed use development of the site Glenelg C52 Jenny Moles 24/03/11 14 Amend clauses 21.02, 21.03, 21.08, 21.09, Neil Longmore 22.02, 43.01, 42.03 and 61.03, revise the Mss, introduce the Significant Landscape Overlay and remove a number of Heritage Overlays for land within the state and regionally significant landscapes including: the Glenelg River estuary and surrounds, Bridgewater Lakes and surrounds, Cape Bridgewater, Cape Nelson, Mount Clay and the Narrawong coast, to implement the recommendations of the Coastal Spaces Landscape Assessment Study. Greater Megan Carew 28/03/11 9 Amend clause 34.01 and rezone 177‐193 Shepparton C119 Numurkah Road, Shepparton from and Permit Business 4 to Business 1 to allow for the Application 2008 – development of a neighbourhood

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436. shopping centre. Greater Cathie McRobert 29/03/11 56 Amend clauses 21.04 and 21.09 to Shepparton C93 Peter McEwan implement the recommendations of the Greater Shepparton Housing Strategy 2009. Moonee Valley Gordon Anderson 29/03/11 1 Correct a number of anomalies and C99 inconsistencies in the mapping of zones and overlays affecting properties at 3, 5 and 7 Donald Avenue and 1‐3 Moreland Road Essendon and 181‐187 Pascoe Vale Road, Moonee Ponds. Whitehorse C94 Brett Davis 29/03/11 7 Amend clauses 21.07 and 43.02 to introduce and apply a permanent Design and Development Overlay 5 to Business 1 and Mixed Use zoned land in the Mitcham Neighbourhood Activity Centre on the north and south sides of Whitehorse Road generally between Doncaster East Road and west of Station Street, Mitcham to guide the future development of the centre. Greater Geelong Neville Wale 29/03/11 12 Amend clauses 22.09, 22.45, 22.46, 22.47, C190 Boyce Pizzey 22.48, 22.49, 22.50, 22.51, 22.52, 22.53, 22.54 and 22.55 to introduce permanent heritage controls for:  the individual heritage places listed in the Newtown Heritage Study, vol. 3, adopted July 2009, and  all land within the Aberdeen, Eyre, Hermitage, William & Margaret, Shannon Avenue, Clarkes Hill, Bareena Estate, Mercer’s Hill, Cairns Avenue, Fair View and Bona Vista Heritage. Yarra Ranges C89 Gaye McKenzie 30/03/11 8 Amend clause 43.01 to apply a Heritage Alan Chuck Overlay to:  HO407 ‐ Brocklesby Rest Home, 71 – 81 Albert Hill Road, Lilydale;  HO408 – ‘The Bend’ Precinct at 1607 – 1615 Burwood Highway, Belgrave;  HO409 – ‘Morson Court’ at 1683 – 1693 Burwood Highway, Belgrave;  HO410 ‐ Victorian/Pre Federation House types, Lilydale;  HO411 ‐ Federation/Edwardian House Types, Lilydale; and  HO412 – ‘Interwar House Types’,

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Lilydale. Manningham C83 Mark Marsden 30/03/11 78 Amend clauses 42.03, 43.01 and 43.02 to and Permit Ian Walters  introduce Design and Development Application Overlay 11; PL09/020741  introduce Significant Landscape Overlay 116;  delete Heritage Overlay 16; and  rezone 20 ha at 112‐126 Old Warrandyte Road and 35 Illawong Drive, Donvale from part Low Density Residential to part Residential 1 and part Public Conservation and Resource to allow for the Residential Development of the site. Moyne C47 Cathie McRobert 04/04/11 17 Amend clauses 37.01, 42.01, 52.03, 61.03 Ian Coles and 81.01 to: Greg Sharpley  introduce Schedule 5 to the Special Use Zone  introduce Schedule 5 to the Environmental Significance Overlay; and  insert ‘Tarrone Power Station, Tarrone, September 2010’ and an incorporated document; and  rezone 75 ha on the corner of Landers Lane and Riordans Road, Tarrone from Farming to Special Use 5 to allow for the establishment of a gas‐ fired power station Greater Bendigo Jenny Moles 05/04/11 1 Amend clause 43.01 to apply Heritage C144 Overlay HO837 to replace the interim heritage overlay controls that apply to a weatherboard and mud brick miners cottage at 69 Chum Street, Golden Square East Street, Mark Marsden 06/04/11 8 Review of planning controls for land at Narrawong, David Merrett Crown Allotments 1–18, Section 3A, East (Glenelg Shire) Alan Thatcher Street, Narrawong. Advisory Committee Maroondah C77 Lester Townsend 07/04/11 4 Amend clause 43.04 to apply Development and Permit Plan Overlay 5 and rezone 40 ha in Application Heathmont Road, Heathmont from Public M/2010/430 Use 2 to Residential 1 to allow for the residential subdivision of the land into 66 lots. Melbourne C163 Renate Howe 08/04/11 4 Amend 21.11 and 22.24 to introduce a new

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Student Housing Policy Local Policy and delete the Student Housing – Development and Management Controls, 1999 as a Reference Document. Bass Coast C100 Alison Glynn 11/04/11 6 Amend clause 42.01 to apply Environmental Significance Overlay 4 and rezone land on both sides of White Road, between South Dudley Road and Lower Powlett Road, Wonthaggi from Farming to part Mixed Use and part Business 4 to allow for the mixed use development of the land. Brimbank C125 Helen Martin 14/04/11 1 Revise the boundaries and make the Part 2 current interim heritage controls for Precinct HO23 (part of the former McKay Residential Estate in Sunshine/Albion) WMO Standing Cathie McRobert 19/04/11 3 Review the appropriateness of the Advisory David Merrett Wildfire Management Overlay for 1499 Committee – Bass Highway and 25 Grantville – Glen Report No 9 Alvie Road, Grantville Moreland C112 Jenny Moles 20/04/11 8  Apply and Environment Audit Part 2 Overlay and rezone 30 54 Hope Street, Brunswick from Industrial 3 to Business 2; and  Rezone 2 Frederick Street, Brunswick from Industrial 3 to Residential 1 Casey C114 Richard Horsfall 27/04/11 1 Apply a Public Acquisition Overlay to 61 – 63 Webb Street, Narre Warren to allow for the extension of Brechin Drive through to Narre Warren North Road. Wodonga C80 Ian Gibson 27/04/11 12 Amend clauses 21.10, 35.03 and 43.04, David Merrett introduce Schedule 16 to the Development Plan Overlay and rezone 111 ha at 52 Ashworth Lane and 532 Wodonga – Yackandandah Road, Staghorn Flat from part Farming and part Rural Conservation to Rural Living to allow for the rural subdivision of the site with a minimum 2ha lot size. Wodonga C81 Ian Gibson 27/04/11 14 Amend clause 43.04 to apply Development David Merrett Plan Overlay 17 and rezone 108.9 ha of Baranduda Springs Estate in Wodonga – Yackandandah Road, Jillamatong Drive and Bromley Drive, Staghorn Flat from part Rural Living and to part Low Density Residential, part Public Park, part Recreation and part Rural Conservation to

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allow for the residential development of the land. Bayside C80 Helen Weston 28/04/11 24 Amend Clauses 21.05, 22.07, 42.03, 43.02, Catherine 43.05 and 61.03 to implement Hunichen Neighbourhood Character Controls across the municipality. Mornington Safe Nick Wimbush 28/04/11 2108 Environment Effects Statement for the Harbours EES, Chris Harty Mornington Safe Harbour project. Mornington Peninsula C107 & PPA CP09/00 Macedon Ranges Lester Townsend 29/04/11 7 Amend clauses 21.07, 21.08, 22.21, 52.20 C64 Trevor McCullough and 81.01 to introduce a Local Gaming Policy. Hobsons Bay John Keaney 09/05/11 146 Review planning and design matters Advisory Bob Evans relating to the proposed redevelopment of Committee Ann Keddie the former Port Phillip Woollen Mills site in Nelson Place, Williamstown. Greater Geelong Kathy Mitchell 10/05/11 15 Delete Design and Development Overlay C197 Kevin Breen 14 and rezone land on the north side of the Bellarine Highway between Coppards Road and Twitt Street, Moolap from Business 4 to Mixed Use to increase the range of discretionary uses Mornington Michael Kirsch 11/05/11 13 Amend clauses 42.01, 43.04, 52.03, 61.03 Peninsula C100 and 81.01 and amend the various sites.

Manningham C86 Kathy Mitchell 17/05/11 12 Amend clauses 21.04, 21.05, 21.16, 22.17 Jim Holdsworth and 52.01 to:  introduce a new Local planning policy; and  apply an open space contribution to allow for the development of the 47 ha Eastern Golf Course at 463 – 535 Doncaster Road, Doncaster. Manningham C54 Lester Townsend 19/05/11 90 Amend clauses 21.02, 21.03, 21.04, 21.05, Sue Porter 21.06, 21.07, 21.16, 22.02, 42.021, 42.02, Alan Thatcher 42.03, 43.03, 52.17, 61.03, 66.04 and 81.01 and update various maps to implement the recommendations of the following strategies:  Manningham Biosites: sites of Biological Significance Review 2004;  Wildlife Management and Habitat Needs 2009;  Locally threatened Plants in Manningham; and

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 Manningham Monterey Pine and Cypress Tree Assessment 2003. Mt Alexander C57 Lester Townsend 19/05/11 5 Apply a new Schedule 10 to the Design and Development Overlay to part of Lot G on Plan PS503415, 2‐12 Hitchcock Street, Castlemaine and amends Clause 21.04‐3 and 21.05 of the Municipal Strategic Statement and Clause 22.23 of the LPPF to implement the recommendations of the Wesley Hill Business Park Urban Design and Landscape Guidelines and include the Guidelines as a reference document in the scheme. Melton C84 part 2 Lester Townsend 24/05/11 7 Rezone 31.15 ha south of Abey Road, west Maxine Cooper of Ferris Road and north of the Bill O’Neil Melbourne‐Ballarat railway line, Toolern from part Industrial 1 and part Urban Growth to Urban Growth 3 to complete the urban structure of the Toolern PSP. Whitehorse C129 Nick Wimbush 26/05/11 8 Amend clauses 21.04, 22.01, 22.03 and Jim Holdsworth 43.01 to apply a permanent Heritage Overlay to 9 properties at 28‐44 William Street, Box Hill Stonnington C117 Neville Wale 27/05/11 14 Permanent heritage controls over land in Boyce Pizzey three precincts being Hampden Road Extension (HO136), Sorrett Avenue (HO396), and Sutherland Road (HO397). Stonnington C118 Neville Wale 27/05/11 7 Provide permanent heritage protection in Boyce Pizzey the Heritage Overlay for the Waverley Road Gateway, Malvern/Tooronga Roads and High Street Rail and Retail Precincts and for additional land in the Hawksburn Retail Precinct. Macedon Ranges Mark Marsden 30/05/11 12 Amend clauses 21.08, 22.11 and 43.01 to C33 apply a Heritage Overlay as recommended in the Macedon Ranges Shire Council Stage One Heritage Review, 2010. Macedon Ranges Mark Marsden 30/05/11 2 Rezone: C69 Part 1  3378 m2 at 155 Main Street, Romsey from Public Use 7 (Other Public Use) to Residential 1; and  3378 m2 at 27 Corinella Road, Woodend from Public Use 4 (Transport) to Residential 1 to correct errors in Planning Scheme. Whittlesea C111 Alison Glynn 30/05/11 4 Amend clauses 21.06 and 43,04, apply a

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Public Acquisition Overlay 2 and Development Plan Overlay 26 and rezone part of 172 and 182 and 214 Greenhills Road, Thomastown from part Industrial 1 and part Urban Floodway to Residential 1 to allow for a land use and development framework capable of achieving a range of net community benefits. Cardinia C86 Kathy Mitchell 7/06/11 29 Amend clauses 43.04 and 61.03 introduce Geoff Carruthers Development Plan Overlay 16 and rezone 52 James Street and 250 Westernport Road, Lang Lang from Rural to Residential 1 to allow for the residential development of the land. Greater Geelong Nick Wimbush 9/06/11 87 Review of the planning consultation and Advisory Trevor McCullough approval arrangements for proposed Committee 4C Richard Horsfall Section 4C of the Geelong Ring Road. Ring Road Bill OʹNeil Wildfire Cathie McRobert 10/06/11 3 Review of appropriateness of the Wildfire Management David Merrett Management Overlay for Lots 1 – 20 Overlay Standing Viminaria Road, Harmers Haven Advisory Committee – Report No 10 Knox C62 Trevor McCullough 10/06/11 23 Amend clauses 21.05, 21.06, 21.07, 21.09, Sue Porter 21.10, 21.11, 22.07, 22.12 and 43.02, delete the Boronia Airspace Local Policy, incorporate the Boronia Precinct Parking Plan, introduce Design and Development Plan Overlay 7 and rezone land within the Boronia Major Activity Centre to implement the Boronia Structure Plan. Golden Plains C51 Lester Townsend 14/06/11 29 Amend clauses 37.01, 43.04 and 61.03 and Colin Burns apply a Development Plan Overlay and rezone the Lethbridge Airport at 3429 Midland Highway, Lethbridge from Farming to Special Use 3 to facilitate the ongoing use of the airport and to enable expanded operations to both the airport and associated uses. Mornington Cathie McRobert 21/06/11 905 Amend clauses 52.02, 52.03 and 81.01 to Peninsula C137 & Chris Banon vary a restrictive covenant currently Permit Richard Horsfall applying to the Heronswood Property at Application 107 and 117 La Trobe Parade, Dromana to CP09/004 allow for the development of a 70 seat restaurant and a variation to the car parking requirement.

Page 56 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Ballarat C128 & Cathie McRobert 22/06/11 36 Ballarat C128: Amend clauses 42.01, 44.01 Pyrenees C29 Gordon Anderson and 52.17 Graeme David Pyrenees C29: Amend clauses 42.01, 45.01, 52.17 and 61.03 to allow for the duplication of the Western Highway between Beaufort – Carngham Road, Beaufort and Dowling Road, Mitchell Park. Stonnington C129 Nick Wimbush 23/06/11 21 Amend clauses 21.04, 21.06 and 22.10 to introduce policy and requirements for applications for Source of Potential Harm Venues in the Chapel Street Precinct Study Area. Greater Geelong Trevor McCullough 28/06/11 8 Amend clauses 45.06, 61.03 and 81.01 and C230 Gordon Anderson apply Development Contributions Plan Overlay 2 and Public Acquisition Overlay 4 to Stage 1 of the Jetty Road Growth Area bounded by Port Phillip, the Bellarine Rail Trail, Jetty Road and Griggs Creek and 400 metres east of McDermott Road, Drysdale and Clifton Springs to give effect to the Jetty Road Urban Growth Area Development Contributions Plan.

Page 57 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

Attachment 2: Significant Panels and EES’s recently commenced

Matter under Panel Appointment Details of the Panel consideration Member/s Date Potentially Lester 20/03/11 The Advisory Committee will Contaminated Land Townsend  update and clarify the planning Advisory John Glossop processes and guidelines pertaining Committee Catherine to planning for potentially Wilson contaminated land  amend the planning controls by incorporating greater flexibility to better reflect the intent of the regulatory environmental audit system  address any other matter that the Advisory Committee considers will improve outcomes. Greater Geelong Kathy Mitchell 01/04/11 To consider proposed Amendments to C165 and David Whitney allow for the implementation of the Point Queenscliffe C22: Lonsdale Structure Plan 2009. Point Lonsdale Structure Plan Greater Dandenong Mark Marsden 06/04/11 Rezone the 55.33 ha Taylors Road Landfill C125 & Permit 2010‐ Jack Chiodo site at 890 Taylors Road, Dandenong South 013898– Lyndhurst Ian Harris from Farming to Industrial 1 to reflect the landfill Jacqui McLeod ongoing use of the site and the creation of a soil treatment facility. Regional Rail Link Jennifer Moles, 05/05/11 An Advisory Committee has been Section 2 Advisory Colin Burns appointed to consider the noise impacts and Committee Doug Munro mitigation responses associated with the Robin Saunders approved rail alignment for Section 2 of the Regional Rail Link from west of Werribee to Deer Park. Healesville – Koo Nick Wimbush 08/06/11 Assess all relevant impacts of the Wee Rup Advisory Des Grogan Healesville‐Koo Wee Rup Road Upgrade Committee Esther Kay Project, including the controlling provisions under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. Logical Inclusions Kathy Mitchell 16/06/11 The review will consider the merits of land Advisory Lester considered in the 2009 Urban Growth Committee Townsend Boundary review, for possible inclusion Brett Davis within the Urban Growth Boundary. Rodger Eade This process will apply to the Wyndham, Jodi Kennedy Melton, Hume, Whittlesea, Mitchell, Casey

Page 58 Planning Panels Victoria Annual Report – 2010/2011: 31 July 2011

David Mitchell and Cardinia growth area councils only. Yarra C104 (Panel & Mark Marsden, 12/07/11 Consider submissions on Amendment C104 Advisory Des Grogan, to the Yarra Planning Scheme and Committee) Ann Keddie concurrently report on the draft Development Plan.

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