Planning for French Island, Sandstone Island and Elizabeth Island:
A User’s Guide
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Accessibility If you would like to receive this publication in an accessible format, such as large print, please telephone (03) 5172 2533 or email [email protected] This publication is also published in PDF and Word formats on www.dpcd.vic.gov.au
Published by the Victorian Government Department of Planning and Community Development Gippsland Regional Office 71 Hotham Street Traralgon Victoria 3844 Telephone (03) 5172 2533
August 2011 © Copyright State Government of Victoria 2011 This publication is copyright. No part may be reproduced by any process except in accordance with provisions of the Copyright Act 1968 .
ISBN 978-1-921940-10-1
Designed by Planning and Development Unit Gippsland, Department of Planning and Community Development.
Print managed by Finsbury Green
This report has been printed on Monza Satin paper which is carbon neutral and 55% recycled.
Disclaimer The materials presented in this guide are for information purposes only, The information is provided solely on the basis that readers will be responsible for making their own assessments of the matters discussed and are advised to verify all relevant representations, statements and information and obtain independent advice before acting on any information contained in or in connection with this report.
While every effort has been made to ensure that the information is accurate, the Department of Planning and Community Development will not accept any liability for any loss or damage which may be incurred by any person acting in reliance upon the information.
User’s Guide to Planning
The User’s Guide to Planning outlines the planning scheme and the planning permit application process for French Island, Sandstone Island and Elizabeth Island.
The purpose of the Guide is to clarify the rights, roles and responsibilities of all involved.
The User’s Guide is intended only as a guide to the planning system and legislation in Victoria. It is not to be used as a substitute for the official documents – in particular the Acts, regulations and planning scheme. If in any case there appears to be a conflict between the Acts, regulations or the planning scheme and this guide, the requirements of the Acts, regulations or planning scheme must be followed.
Further information on planning and the French Island and Sandstone Island Planning Scheme, incorporating Elizabeth Island, can be found on the Department of Planning and Community Development (DPCD) website. www.dpcd.vic.gov.au/planning
Contents
Profile 4
Planning 8
Restructured subdivisions 16
Planning Permits 20
Planning Permit Applications 22
Permit Refusal 26
Further Information 27
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Profile
French Island
French Island is located approximately 65 kilometres south-east of Melbourne in Western Port Bay and has a land area of around 17,000 hectares. The population has remained stable since the closure of McLeod Prison Farm in 1975, with an estimated permanent population of 90 people and an additional part-time population of 90 people. The Island has approximately 50 dwellings. The lack of reticulated services and facilities on the Island restricts opportunities for further residential development. Access to and from the Island is by the passenger ferry from either Cowes or Stony Point to Tankerton or the vehicular ferry from Corinella to Saltmine Point.
Agriculture is the main industry on the Island. There are approximately 5,500 to 6,000 hectares of freehold rural land and, as such, cattle grazing is a common activity. However, landowners are diversifying their farming techniques to include horticulture, biodynamics, viticulture and free range poultry.
Land owners are generally self-employed through their farm holdings, through the visitor service or through a combination of the two. Limited commercial and community activity on the Island reflects both the low population and low visitor rates.
The Island has a general store and post office, one primary school (exempt from minimum pupil regulations), the Parks Victoria office, a public hall, a sports ground and a cemetery. The Environmental Protection Authority (EPA) monitors the small community tip. Infrastructure on the Island is limited to unsealed roads, a jetty and a mainland radio link for telephone. Electricity is provided by solar panels and other sustainable power sources, with backup generators, and water from rainfall or bores. Most of the Island’s areas of native vegetation are highly flammable, with a high risk of wildfire. There is a voluntary Country Fire Authority (CFA) operating on the Island.
The number of tourists visiting French Island is small in comparison to the number of tourists visiting adjacent Phillip Island and Mornington Peninsula. This can be understood in relation to the lack of access to the Island and the lack of recreational and tourist facilities.
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Items of environmental significance on French Island include: • French Island National Park • French Island Marine National Park • listed fauna species under the Japan-Australia Migratory Birds Agreement (JAMBA) and the Chinese-Australia Migratory Birds Agreement (CAMBA) • coastal environs • wetlands nominated to the Ramsar Convention • sites of national and State botanical and zoological significance.
French Island has a high number of rare or threatened animal species and is particularly rich in ground orchids. In addition, French Island supports a large population of the Long-nosed Potoroo and contains a State significant population of koalas.
Sandstone Island
Sandstone Island is located in Western Port Bay, approximately one kilometre south-east of the Hastings foreshore. It has an area of around 22 hectares and contains one dwelling and a shed. There is no opportunity for further development due to the environmental setting and land constraints. There are no tourism or commercial uses on the Island. It is predominately used for private agricultural purposes with access to the Island only by private aircraft or boat.
Given the constraints of the Island's limited access, infrastructure and isolation, there is little opportunity to provide further facilities. However, the Island has national and State heritage value. It has been registered on the Victorian Heritage Database for demonstrating patterns of agricultural land use and pioneering settlement of an island system.
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Sandstone Island is mostly cleared with some old Moonahs (Melaluca lancelota ) and introduced plants.
Elizabeth Island
Elizabeth Island has an area of approximately 26 hectares and is located in Western Port Bay, approximately two kilometres south-east of French Island. It is predominately used as a tourist retreat with activities focused on the natural affinity of the land such as bird watching, fishing, boating, swimming and walking. The dwellings consist only of a tourism accommodation facility which sleeps up to eight people, a caretaker’s facility and a shed. Access to and around the Island is limited. A barge is available on an as-needed basis, offering an irregular service from Corinella on the mainland and from the barge landing, Barge Access Road, on French Island. Otherwise, a private aircraft or boat is required to access the Island.
There are no provisions for agriculture or other farming activities and there are no identified areas of heritage significance. Elizabeth Island has a low vegetation bluff in front of low tide platform cuts in basalts and Mesozoic sediments. A small pocket of mangroves and salt marsh occurs in a sheltered site on the eastern coast of the Island.
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Climate change and the West er n Port Region
Located in Western Port Bay, all three islands are noted for their significance to the internationally acknowledged Ramsar Wetlands. However, the islands are also vulnerable to the impacts of climate change. The predicted impacts of climate change to the islands, as discussed in the report Adapting to the Impacts of Climate Change in the Western Port Region (Western Port Greenhouse Alliance, 2006), include a rise in temperature and an increase in the intensity and frequency of extreme rainfall events. Droughts are likely to become more intense, winds are likely to increase, particularly in winter, and sea level is predicted to rise.
These predicted climatic changes will place pressure on the islands’ water storages, agricultural industry, natural systems and emergency response services. In order to develop capacity to cope with climate change, easily accessible information needs to be made available to the public to assist with decision making processes.
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Planning
Authority
The Victorian Minister for Planning is the planning authority and the responsible authority for the unincorporated territories of French Island, Sandstone Island and Elizabeth Island which, under the Planning and Environment Act 1987 (the Act), do not fall within any municipal council boundary. The Minister delegates the day-to-day administration of the Act to the Manager of Planning and Development, Gippsland, DPCD.
Planning scheme
A planning scheme sets out the provisions for land use, development and protection. Its function is to facilitate orderly development and use of land. The planning scheme sets out State and local planning policies, zones, overlays, particular provisions, general provisions, definitions, relevant maps and defines planning permit triggers for proposed use and development of land.
A copy of the French Island and Sandstone Island Planning Scheme, incorporating Elizabeth Island, can be found at
www.dpcd.vic.gov.au/planningschemes
Strategic Statement
The Municipal Strategic Statement (MSS) is a statement outlining the strategic planning, land use and development objectives for the land and the strategies and actions for achieving the objectives. The statement provides the strategic basis for the application of the zones, overlays and provisions in the planning scheme.
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The objectives of the French Island MSS acknowledge the Island’s limited access, isolation and infrastructure constraints and seek to protect the Island’s unique environmental qualities. The objectives recognise that there is a need to protect the Island’s indigenous and cultural heritage, landscape values and agricultural land and to maintain community services and facilities. The objectives also recognise that given the constraints of the Island, there is limited opportunity for development, and that any development would need to address the Island’s environmental context.
Zones
The planning scheme zones describe land uses, such as rural, conservation, public use or other specialised land use activities. The zone contains information relating to permitted land uses, subdivision of land, construction of buildings and a range of other controls to determine the most appropriate uses for the land. All land on French Island, Sandstone Island and Elizabeth Island is zoned. Zone provisions can be (but are not always) supplemented by overlay provisions.
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French, Sandstone and Elizabeth Island Zoning Map
The zones applicable to the three islands are summarised below:
Rural Conservation Zone (Applicable to French Island and Sandstone Island)
Purpose: to protect and enhance the natural environment and natural processes for their historic, archaeological and scientific interest, landscape, faunal habitat and cultural values to protect and enhance natural resources and the biodiversity of the area to encourage development and use of land which is consistent with sustainable land management and land capability practices to provide for agricultural use consistent with the conservation of environmental and landscape values of the area
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to conserve and enhance the cultural significance and character of open rural and scenic non-urban landscapes.
Farming Zone (Applicable to French Island) Purpose: to provide for the use of land for agriculture to encourage the retention of productive agricultural land to ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture to encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision to protect and enhance natural resources and the biodiversity of the area.
Public Conservation and Resource Zone (Applicable to French Island) Purpose: to protect and conserve the natural environment and natural processes for their historic, scientific, landscape, habitat or cultural values to provide facilities which assist in public education and interpretation of the natural environment with minimal degradation of the natural environment or natural processes to provide for appropriate resource based uses.
Public Use Zone (Applicable to French Island) Purpose: to recognise public land use for public utility and community services and facilities to provide for associated uses that are consistent with the intent of the public land reservation or purpose.
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Rural Activity Zone (Applicable to French Island and Elizabeth Island) Purpose: to provide for the use of land for agriculture to provide for other uses and development, in appropriate locations, which are compatible with agriculture and the environmental and landscape characteristics of the area to protect and enhance natural resources and the biodiversity of the area to encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.
Public Park and Recreation Zone (Applicable to French Island)
Purpose: to recognise areas for public recreation and open space. to protect and conserve areas of significance where appropriate. to provide for commercial uses where appropriate.
Overlays
The planning scheme maps may show overlays, as well as zones, affecting the land. Overlays are planning scheme provisions that indicate the land has a special feature, such as a heritage building, significant landscape or wildfire risk. Overlays affect how land can be developed. Some land may have multiple overlays.
An overlay will indicate if a planning permit is required for the construction of a building or other changes to the land. For example, if a Heritage Overlay applies, a planning permit will be required to demolish an existing building. The Heritage Overlay requires the Minster for Planning to consider, before granting the permit, whether the demolition of the building will lessen the significance of the heritage place. An overlay may specify information which must be submitted with a planning permit application. DPCD planners will be able to inform you of any additional information required for the permit application.
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The overlays applicable to the three islands are summarised below:
Environmental Significance Overlay (Applicable to French Island and Elizabeth Island) Purpose: to identify areas where the development of land may be affected by environmental constraints to ensure that development is compatible with identified environmental values.
Restructure Overlay (Applicable to French Island and Sandstone Island) Purpose: to identify old and inappropriate subdivisions which are to be restructured to preserve and enhance the amenity of the area and reduce the environmental impacts of dwellings and other development.
Wildfire Management Overlay (Applicable to French Island and Sandstone Island) Purpose: to identify areas where the intensity of wildfire is significant and likely to pose a threat to life and property to ensure that development which is likely to increase the number of people in the overlay area: o satisfies the specified fire protection objectives o does not significantly increase the threat to life and surrounding property from wildfire. to detail the minimum fire protection outcomes that will assist to protect life and property from the threat of wildfire.
Significant Landscape Overlay (Applicable to French Island and Elizabeth Island) Purpose: to implement environmental policy contained in the Strategic Statement
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to identify significant landscapes to conserve and enhance the character of significant landscapes.
Road Closure Overlay (Applicable to French Island) Purpose: to identify a road that is closed by an amendment to the French Island and Sandstone Island planning scheme.
Heritage Overlay (Applicable to French Island) Purpose: to conserve and enhance heritage places of natural or cultural significance to conserve and enhance those elements which contribute to the significance of heritage places to conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.
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Zones and overlays on French Island, Elizabeth Island and Sandstone Island
Sandstone French Island Elizabeth Island Island
Rural Rural Activity Rural Conservation Zone Conservation Zone Zone Farming Zone Public Use Zone Public Conservation
Zones and Resource Zone Rural Activity Zone Public Park and Recreation Zone
Environmental Environmental Wildfire Significance Significance Management Overlay Overlay Overlay Significant Significant Restructure Landscape Landscape Overlay Overlay Overlay Heritage Overlay Wildfire Management Overlays Overlay Restructure Overlay Road Closure Overlay
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Restructured subdivisions
Restructure Overlays are applicable to three locations on French Island and Sandstone Island (Tankerton Estate, Bullock and Decoy Swamp and Sandstone Island), identifying old and inappropriate subdivisions which are to be restructured in accordance with the land’s environmental capabilities and infrastructure constraints.
They are only three of numerous such old and inappropriate subdivisions throughout Victoria whereby small allotments were created without any regard to the topography or capacity of the land to support such intensive potential development, and without the provision of services or facilities. Such land was usually sold cheaply, and often to unsuspecting purchasers.
The speculative nature of such subdivisions is evidenced by the fact that, on many of them, very little development has ever occurred. It is now accepted that proper planning principles preclude the development of individual lots of such subdivisions, and development should only be permitted, if at all, in accordance with an accepted restructure plan. The Tankerton Estate, Bullock and Decoy Swamp and Sandstone Island restructure plans are provided on the following pages.
Tankerton Estate
Located on French Island, Tankerton Estate is an inappropriate subdivision that is totally unsuited to and incapable of supporting the sort of development which the size and layout of the subdivision would suggest. It was created without the need for any municipal or government approval.
The Estate comprises 699 allotments, however the Tankerton Estates Restructure Overlay allows for a maximum of 19 dwellings to be developed on restructured lots within the Estate. These lots are to be developed in accordance with the land’s environmental capabilities and infrastructure constraints. The restructured subdivision will preserve and enhance the amenity of the area and reduce environmental impacts.
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Bullock and Decoy Swamp
A Restructure Overlay also applies to an area in the north-west of French Island known as the Bullock and Decoy Swamp. A total of 13 dwellings are permitted in the restructure plan, which reflects the environmental constraints and sensitivity, poor level of access and relative isolation in this part of the Island.
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Sandstone Island
The whole of Sandstone Island is also subject to a Restructure Overlay to address an old and inappropriate subdivision of 142 lots created in the 1960s. The restructure plan allows for one dwelling on the island, in accordance with its environmental setting and land constraints.
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Planning permits
What is a planning permit?
A planning permit is a legal document that gives permission for a use (a purpose that does not require building anything) or development (construction, alteration or demolition of a building or works, and, the subdivision or consolidation of land) on a particular piece of land. To obtain a planning permit, an application must be made to the responsible planning authority. For French Island, Sandstone Island and Elizabeth Island, the planning authority is the Minister for Planning. However, the Minister has delegated this responsibility to the Manager of Planning and Development, Gippsland, DPCD.
The planning permit contains written conditions and any relevant endorsed plans that show what is to be built and how the land can be used. The proposed use or development of the land must satisfy all the conditions on the planning permit and comply with the endorsed plans. The building and works must be generally in accordance with the endorsed plans. The responsible planning authority must also approve any changes to the approved plans. A new planning permit application may be required if the planning authority does not consider any proposed changes to be minor.
Before applying for a permit
Prior to lodging a planning permit application, it is recommended that the applicant speak to a planner from the Planning and Development Unit, Gippsland, as they are able to provide advice on whether or not a planning permit is required. DPCD planners will also advise if the development you wish to undertake is prohibited. If a permit is required, it is important to refer to the planning scheme provisions when preparing the planning permit application.
It is also recommended that the applicant talk to their neighbours about the plans so that you are aware of any concerns they may have. Early discussions may save time later if changes can be made to the plans that address their concerns. Although it may not be possible to
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make changes that please everybody, most people appreciate the time to discuss plans before the commencement of formal planning permit application processes.
It is worth considering professional advice to support the development of your proposal, as such advice will assist your proposal in relation to planning concepts and processes. The planning authority and the community are looking for proposals that will meet their expectations, as contained in the planning scheme through policies and land use controls. Getting the right professional advice at the beginning will help you progress your
ideas so that your application meets these expectations.
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Planning Permit Applications
Steps for preparing a planning permit application
Find out if a planning permit is required
If a planning permit is required find out what information must also be provided with the application and what policies and provisions will be used to assess it. Different information is required for different types of permit applications, speaking to a DPCD planner will assist you in preparing the correct information for your permit. There is no refund if the application is refused.
Fill out the application form
Download the French Island and Sandstone Island planning permit application form from the DPCD website. www.dpcd.vic.gov.au/planning/applicationforms
The Land
Land is commonly identified by a street address, but sometimes this alone does not provide an accurate identification of the relevant parcel of land relating to an application. Make sure you also provide the formal land description – the lot and plan number or the crown, section and parish/township details (as applicable) for the site. This information is shown on the title.
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The Proposal
Describe why you require a planning permit. State how the land will be used or developed as a result of the proposal. An application fee will be required. To help calculate the fee, you must provide an accurate cost estimate of the proposed development. Development costs should be calculated at a normal industry rate for the type of construction you propose.
Existing conditions
You need to describe, in general terms, the way the land is used now, including the activities, buildings, structures and works that exist (for example a single dwelling, 24 dwellings in a three-storey building, medical centre with three practitioners and 8 car parking spaces, vacant building, vacant land, grazing land, bush block).
Title information
Note down if the proposal breaches the encumbrance of the title. An 'encumbrance' is a formal obligation on the land, with the most common type being a 'mortgage'. A full, current copy of the title for each individual parcel of land forming the subject site must be provided.
Applicant and Owner Details
This section provides information about the permit applicant, the owner of the land and the person who should be contacted about any matters concerning the permit application. The applicant is the person or organisation that wants the permit. The applicant can, but need not, be the contact person.
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Declaration
The declaration should be signed by the person who takes responsibility for the accuracy of all the information that is provided. This declaration is a signed statement that the information included with the application is true and correct at the time of lodgement.
Checklist
Have you:
• provided all the required information on the form
• included payment of the application fee
• attached all necessary supporting information and documents
• completed the relevant Council planning permit checklist
• signed the declaration on the last page of the application form
Lodge application form
Lodge the completed and signed form, the fee payment and all documents with:
French Island and Sandstone Island Department of Planning and Community Development Planning and Local Government, Gippsland VIC 71 Hotham Street Traralgon VIC 3844
Contact information: Telephone (03) 5172 2533
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For all planning applications, the following must be provided:
an application form completed and signed (available from DPCD website)
a current copy of the title for the land showing the plan
the prescribed application fee (as set down by DPCD)
any registered restrictive covenant.
Further information on planning permits is available, free of charge, on the DPCD website. www.dpcd.vic.gov.au/planning
Submitting the application
Once you are ready to submit the application to the Planning and Development Unit Gippsland, ask the planner to check that all the required information is attached. If you need to follow up with the application, use the application reference number allocated by the Department and keep a copy of any correspondence.
Your application may be sent for comment to other referral agencies such as Department of Sustainability and Environment (DSE) and CFA if the application affects their interests.
When the application is lodged, DPCD will decide if and how notice is to be given to those who may be affected by the proposed development.
Objections to the application can be lodged up until a decision regarding the application is made; however the exhibition period is 14 days if notice is required to be provided. Objections must be considered by the responsible authority when determining the application.
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Permit refusal
DPCD may provide notice that it refuses to grant a permit and will issue a notice of Refusal to Grant a Permit. The reasons for refusal will be listed on the notice. DPCD will provide you, and all other parties involved in the application process, a copy of the notice. Information about applications for review to the Victorian Civil and Administrative Tribunal (VCAT) is printed on the back of the refusal notice. If your application is refused, you have 60 days from the date that the notice of the refusal is given to apply to VCAT for a review of the decision. If you choose to take the matter to VCAT, lodge an application for review as soon as possible so that you get in the VCAT system.
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Further Information
The following is a list of contacts, useful documents and websites.
Department of Planning and Community Development Planning and Development Unit, Gippsland 71 Hotham Street, Traralgon 3844 Telephone (03) 5172 2533 Fax (03) 5172 2100
Planning and Environment Act 1987 Planning and Environment Regulations 1998 Planning and Environment (Fees) Regulations 2000
Using Victoria’s Planning System, November 2007 What is a Panel? Planning: A Short Guide Planning Practice Notes – www.dpcd.vic.gov.au/planning www.dpcd.vic.gov.au/planningschemes www.dpcd.vic.gov.au/shared/ats.nsf
Victorian Civil and Administrative Tribunal 55 King Street, Melbourne 3000 Telephone (03) 9628 9777 Fax (03) 9628 9789 www.vcat.vic.gov.au
Victorian Civil and Administrative Tribunal Act 1988 Practice Note Planning & Environment List (No. 1) – General Procedures Practice Note Planning & Environment List (No. 2) – Information to be provided by a Responsible Authority Practice Note VCAT No. 2 – Expert Evidence Submissions in the Planning and Environment List
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