55B BEACH ROAD, RHYLL Planning Report in Support of a Two (2) Lot Subdivision

55B BEACH ROAD, RHYLL Planning Report in support of a Two (2) Lot Subdivision

Alistair and Karen Campbell

June 2019

www.planningcentral.com.au

ACN 161 565 902 ABN 68 625 299 632

PO Box 2301, Oakleigh 3166

Phone – 9568 3084

Mobile – 0407 511 616

Background Reference : 16083 Author: JC/GK

Client: Alistair & Karen Campbell Property: 55B Beach Road, Rhyll

Revisions Rev Description Date Authorised

1 Submitted June 2019 GK

Cover Photo – Subject Site

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TABLE OF CONTENTS

1 INTRODUCTION ...... 2 2 SUBJECT SITE AND SURROUNDS ...... 4

2.1 SITE LOCATION ...... 4

2.2 SITE DESCRIPTION ...... 5

2.3 SURROUNDING AREA ...... 6

3 PROPOSAL ...... 7 4 PLANNING ASSESSMENT ...... 8

4.1 STATE POLICY PLANNING FRAMEWORK ...... 8

4.2 MUNICIPAL STRATEGIC STATEMENT ...... 18

4.3 LOCAL POLICIES ...... 35

4.4 GENERAL RESIDENTIAL ZONE ...... 40

4.5 VEGETATION PROTECTION OVERLAY ...... 42

4.6 DESIGN AND DEVELOPMENT OVERLAY ...... 43

4.7 CLAUSE 56 – RESIDENTIAL SUBDIVISION ...... 48

5 CONCLUSION ...... 49

APPENDICES

CERTIFICATE OF TITLE

FEATURE SURVEY

PHOTOS: SITE AND SURROUNDS

PROPOSED SUBDIVISION PLAN

DESIGN RESPONSE PLAN

CLAUSE 56 ASSESSMENT

1 INTRODUCTION

Planning Central Pty Ltd acts on behalf of Alistair and Karen Campbell who own the land at 55B Beach Road, Rhyll.

Our clients seek planning approval from Bass Coast Shire to subdivide the land into two lots.

Pursuant to the Bass Coast Planning Scheme the land is:

• zoned General Residential Zone (Schedule 1 – General Residential Area). • affected by a Vegetation Protection Overlay (Schedule 2 – Phillip Island). • affected by a Design and Development Overlay (Schedule 1 – Residential Areas Near the Coast).

Presented within this report is:

• Description of the site and surrounds. • Details of the proposed subdivision. • An assessment against relevant provisions of the Scheme.

On the basis of information presented within, it is submitted that:

° Clause 21.05-5 New Urban Subdivision. o Clause 21.09 Low Growth Settlements. ° Clause 21.09-2 Rhyll. • The proposal is consistent with local planning policies, particularly: o Clause 22.01 Stormwater Management Policy. • The proposal is consistent with the intent and provisions of the General Residential Zone and associated Schedule. • The proposal does not compromise the intent or provisions of the Vegetation Protection Overlay and associated Schedule. • The proposal does not compromise the intent or provisions of the Design and Development Overlay and associated Schedule. • The proposal is consistent with the intent and provisions of Clause 56 – Residential Subdivision. • The proposal will not have an adverse impact on the surrounding environment. • The proposal will not have a detrimental impact on surrounding landowners / occupiers

Accordingly, we commend this proposal to Bass Coast Shire Council.

2 SUBJECT SITE AND SURROUNDS

2.1 Site Location

Phillip Island is located approximately 38km southeast of Frankston and approximately 78km southeast of Melbourne CBD. Rhyll is located on the east of Phillip Island, approximately 5km east of Cowes and 8km northwest of San Remo.

More locally, the subject site is located on the western side of Beach Road between Zelda Drive to the north and Waterloo Street to the south, in an established residential area approximately 850m southwest of Rhyll town centre.

Figure 1 – Location Plan Source: LASSI (land.vic.gov.au) Not to Scale

2.2 Site Description

The subject site is described as Lot 2 on PS808069J – or otherwise referred to as 55B Beach Road, Rhyll.

The land is irregular in shape with a frontage of approximately 5.01m to Beach Road and a depth of approximately 81.78m – 128.34m, equating to an area of approximately 2,725sqm.

A copy of the Certificate of Title is presented in Appendix A.

A review of the Title reveals the land is affected by carriageway and drainage easements.

Figure 2 – Subject Site Source: Google Earth Not to Scale

The site is effectively devoid of significant vegetation with the exception of Swamp-Gum located to be relatively central to the allotment – which will be retained along the prosed fenceline.

A Feature Survey has been prepared and is presented at Appendix B .

The Feature Survey shows:

• No buildings on the site. • The swamp-gum tree as described above. • Several weed, ornamental shrub, fruit trees adjacent to the north-east boundary which will be unaffected by the subdivision. • Contours of approximately 8.0m (south east) raising to approximately 17.5m (north west) . • Isolated vegetation along property boundaries.

Photos of the subject site are presented at Appendix C.

2.3 Surrounding Area

The surrounds of the subject site can be described as follows:

North Immediately north is a residential property, characterised by a single detached dwelling set back approximately 30m from Beach Road.

Beyond this is a General Residential Zone, characterised by detached dwellings.

East Immediately east is Lot 55A which has a dwelling currently under construction.

Beyond this a lot is Beach Road, which is a local road which provides access to the Rhyll local shops north east of the site.

Beyond Beach Road is a Public Conservation and Resource Zone and the Phillip Island foreshore.

South Immediately south is a local walkway which provides access between the residential area to the west and Beach Road / foreshore reserve.

Beyond the walking path is a large residential allotment.

Beyond this allotment are established residential properties.

West Immediately west is a recently subdivided land on Snapper Court, previously 17-31 Rhyll-Newhaven Road. The application (number 140066) was granted a planning permit for the subdivision of 27 lots, issued on the 19 th of May 2015.

Further west is an established residential area.

Photos of the surrounding area form part of Appendix C.

3 PROPOSAL

The current application seeks planning approval to subdivide the land into two (2) lots.

A copy of the proposed Subdivision Plan is presented at Appendix D.

The proposed subdivision comprises:

Lot 2A

• Comprising 1,066sqm. • Access from a common property driveway.

Lot 3

• Comprising 1,121sqm. • Access from a common property driveway.

A Site Response Plan depicting how the proposed subdivision also relates to the surrounding properties is presented at Appendix E.

As detailed above, a Swamp Gum tree is located centrally to the subject site and will be retained in proximity to the Lot 2A and 3 boundary.

Accordingly, no native vegetation will be impacted by the proposed subdivision.

Each allotment will be in excess of 1,000sqm and able to readily accommodate a dwelling, covered car parking and private open space area consistent with the provisions of the General Residential Zone.

The need for a cultural heritage assessment is not triggered on the basis that:

• no Aboriginal places were identified in or around the subject site. • no Council heritage overlays apply to the subject site. • the proposal is not a high impact activity under the Aboriginal Heritage Regulations 2007.

It is noted that the proposal relates to subdivision of the land only. In the event that building and works trigger the requirement for a planning under the Design and Development Overlay, then these requirements will be considered at that time.

4 PLANNING ASSESSMENT

Following are key provisions of the Bass Coast Planning Scheme, together with a planning response relevant to the proposal.

4.1 State Policy Planning Framework

The State Planning Policy Framework (SPPF) provisions promote a consistent approach to the implementation of local planning scheme provisions in accordance with Victorian Government policy.

Clause 11 Settlement

Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure.

Planning is to recognise the need for, and as far as practicable contribute towards:

• Health, wellbeing and safety. • Diversity of choice. • Adaptation in response to changing technology. • Economic viability. • A high standard of urban design and amenity. • Energy efficiency. • Prevention of pollution to land, water and air. • Protection of environmentally sensitive areas and natural resources. • Accessibility. • Land use and transport integration.

Planning is to prevent environmental and amenity problems created by siting incompatible land uses close together.

Planning is to facilitate sustainable development that takes full advantage of existing settlement patterns and investment in transport, utility, social, community and commercial infrastructure and services.

Clause 11.02-1S Supply of urban land

Objective

• To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.

Strategies

• Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban development. • Ensure that sufficient land is available to meet forecast demand.

• Plan to accommodate projected population growth over at least a 15 year period and provide clear direction on locations where growth should occur. Residential land supply will be considered on a municipal basis, rather than a town-by-town basis. • Planning for urban growth should consider: o Opportunities for the consolidation, redevelopment and intensification of existing urban areas. o Neighbourhood character and landscape considerations. o The limits of land capability and natural hazards and environmental quality. o Service limitations and the costs of providing infrastructure. • Monitor development trends and land supply and demand for housing and industry. • Maintain access to productive natural resources and an adequate supply of well-located land for energy generation, infrastructure and industry. • Restrict rural residential development that would compromise future development at higher densities.

Clause 11.03-4S Coastal settlement

Objective

• To plan for sustainable coastal development.

Strategies

• Plan and manage coastal population growth and increased visitation so that impacts do not cause unsustainable use of coastal resources. • Support a network of diverse coastal settlements that provide for a broad range of housing types, economic opportunities and services. • Encourage urban renewal and redevelopment opportunities in existing settlements to reduce the demand for urban sprawl. • Identify a clear settlement boundary around coastal settlements to ensure that growth in coastal areas is planned and coastal values are protected. Where no settlement boundary is identified, the extent of a settlement is defined by the extent of existing urban zoned land and any land identified on a plan in the planning scheme for future urban settlement. • Direct new residential and other urban development and infrastructure to locations within defined settlement boundaries of existing settlements that are capable of accommodating growth. • Support the sustainable management of growth around coastal, estuary and marine assets to protect environmental values, and to achieve regional economic and community benefits. • Avoid linear urban sprawl along the coastal edge and ribbon development in rural landscapes. • Protect areas between settlements for non-urban use. • Avoid development on ridgelines, primary coastal dune systems and low lying coastal areas. • Encourage the restructure of old and inappropriate subdivisions to reduce development impacts on the environment. • Ensure a sustainable water supply, stormwater and sewerage treatment for all development. • Minimise the quantity and enhance the quality of stormwater discharge from new development into the ocean, bays and estuaries.

Clause 11.03-5S Distinctive areas and landscapes

Objective

• To protect and enhance the valued attributes of identified distinctive areas and landscapes.

Strategies

• Recognise the significant geographic and physical features of these areas. • Recognise the important role these areas play in the state as tourist destinations. • Protect the identified key values and activities of these areas. • Support use and development where it enhances the valued characteristics of these areas. • Avoid use and development that could undermine the long-term natural or non-urban use of land in these areas. • Protect areas that are important for food production. • Develop Localised Planning Statements for the Bellarine Peninsula, Macedon Ranges, Mornington Peninsula and the Yarra Valley and Dandenong Ranges.

Clause 11.03-6S Regional and local places

Objective

• To facilitate integrated place-based planning.

Strategies

• Integrate relevant planning considerations to provide specific direction for the planning of sites, places, neighbourhoods and towns. • Consider the distinctive characteristics and needs of regional and local places in planning for future land use and development.

Clause 12 Environmental and Landscape Values

Planning should help to protect the health of ecological systems and the biodiversity they support (including ecosystems, habitats, species and genetic diversity) and conserve areas with identified environmental and landscape values.

Planning must implement environmental principles for ecologically sustainable development that have been established by international and national agreements. Foremost amongst the national agreements is the Intergovernmental Agreement on the Environment, which sets out key principles for environmental policy in Australia. Other agreements include the National Strategy for Ecologically Sustainable Development, National Greenhouse Strategy, the National Water Quality Management Strategy, the National Strategy for the Conservation of Australia’s Biological Diversity, the National Forest Policy Statement and National Environment Protection Measures.

Planning should protect, restore and enhance sites and features of nature conservation, biodiversity, geological or landscape value.

Clause 12.01-2S Native vegetation management

Objective

• To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation.

Strategies

• Ensure decisions that involve, or will lead to, the removal, destruction or lopping of native vegetation, apply the three-step approach in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (Department of Environment, Land, Water and Planning, 2017): • Avoid the removal, destruction or lopping of native vegetation. • Minimise impacts from the removal, destruction or lopping of native vegetation that cannot be avoided. • Provide an offset to compensate for the biodiversity impact from the removal, destruction or lopping of native vegetation.

Clause 12.02-1S Protection of coastal areas

Objective

• To recognise the value of coastal areas to the community, conserve and enhance coastal areas and ensure sustainable use of natural coastal resources.

Strategies

• Coordinate land use and planning with the requirements of the Coastal Management Act 1995 to: • Provide clear direction for the future sustainable use of the coast, including the marine environment, for recreation, conservation, tourism, commerce and similar uses in appropriate areas. • Protect and maintain areas of environmental significance. • Identify suitable areas and opportunities for improved facilities. • Apply the hierarchy of principles for coastal planning and management: o Principle 1: Ensure the protection of significant environmental and cultural values. o Principle 2: Undertake integrated planning and provide clear direction for the future. o Principle 3: Ensure the sustainable use of natural coastal resources. o Principle 4: Ensure development on the coast is located in existing modified and resilient environments where the demand for development is evident and any impacts can be managed sustainably. • Plan for marine development and infrastructure that is sensitive to marine national parks and environmental assets. • Ensure development protects and seeks to enhance coastal biodiversity and ecological values. • Ensure development is sensitively sited and designed and respects the character of coastal settlements. • Encourage revegetation of cleared land abutting coastal reserves. • Maintain the natural drainage patterns, water quality and biodiversity in and adjacent to coastal estuaries, wetlands and waterways.

• Avoid disturbance of coastal acid sulfate soils. • Protect cultural heritage places, including Aboriginal places, archaeological sites and historic shipwrecks.

Clause 12.05-2S Landscapes

Objective

• To protect and enhance significant landscapes and open spaces that contribute to character, identity and sustainable environments.

Strategies

• Ensure significant landscape areas such as forests, the bays and coastlines are protected. • Ensure development does not detract from the natural qualities of significant landscape areas. • Improve the landscape qualities, open space linkages and environmental performance in significant landscapes and open spaces, including green wedges, conservation areas and non-urban areas. • Recognise the natural landscape for its aesthetic value and as a fully functioning system. • Ensure important natural features are protected and enhanced.

Clause 13 Environmental Risks And Amenity

Planning should strengthen the resilience and safety of communities by adopting a best practice environmental management and risk management approach.

Planning should aim to avoid or minimise natural and human-made environmental hazards, environmental degradation and amenity conflicts.

Planning should identify and manage the potential for the environment and environmental changes to impact on the economic, environmental or social wellbeing of society.

Planning should ensure development and risk mitigation does not detrimentally interfere with important natural processes.

Planning should prepare for and respond to the impacts of climate change.

Clause 13.01-1S Natural hazards and climate change

Objective

• To minimise the impacts of natural hazards and adapt to the impacts of climate change through risk-based planning.

Strategies

• Consider the risks associated with climate change in planning and management decision making processes.

• Identify at risk areas using the best available data and climate change science. • Integrate strategic land use planning with emergency management decision making. • Direct population growth and development to low risk locations. • Develop adaptation response strategies for existing settlements in risk areas to accommodate change over time. • Ensure planning controls allow for risk mitigation or risk adaptation strategies to be implemented. • Site and design development to minimise risk to life, property, the natural environment and community infrastructure from natural hazards.

Clause 13.01-2S Coastal inundation and erosion

Objective

• To plan for and manage the potential coastal impacts of climate change.

Strategies

• Plan for sea level rise of not less than 0.8 metres by 2100 and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. • In planning for sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). • Ensure that land subject to coastal hazards is identified and appropriately managed to ensure that future development is not at risk. • Ensure that development or protective works that seek to respond to coastal hazard risks avoid detrimental impacts on coastal processes. • Avoid development in identified coastal hazard areas susceptible to inundation (both river and coastal), erosion, landslip/landslide, acid sulfate soils, bushfire and geotechnical risk.

Clause 15 Built Environment and Heritage

Planning is to recognise the role of urban design, building design, heritage and energy and resource efficiency in delivering liveable and sustainable cities, towns and neighbourhoods.

Planning should ensure all land use and development appropriately responds to its surrounding landscape and character, valued built form and cultural context.

Planning should protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

Planning must support the establishment and maintenance of communities by delivering functional, accessible, safe and diverse physical and social environments, through the appropriate location of use and development and through high quality buildings and urban design.

Planning should promote development that is environmentally sustainable and should minimise detrimental impacts on the built and natural environment.

Planning should promote excellence in the built environment and create places that:

• Are enjoyable, engaging and comfortable to be in. • Accommodate people of all abilities, ages and cultures. • Contribute positively to local character and sense of place. • Reflect the particular characteristics and cultural identity of the community. • Enhance the function, amenity and safety of the public realm.

Clause 15.01-3S Subdivision design

Objective

• To ensure the design of subdivisions achieves attractive, safe, accessible, diverse and sustainable neighbourhoods.

Strategies

• In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by: o Creating compact neighbourhoods that have walkable distances between activities. o Developing activity centres in appropriate locations with a mix of uses and services and access to public transport. o Creating neighbourhood centres that include services to meet day to day needs. o Creating urban places with a strong sense of place that are functional, safe and attractive. o Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people. o Creating landscaped streets and a network of open spaces to meet a variety of needs with links to regional parks where possible. o Protecting and enhancing native habitat. o Facilitating an urban structure where neighbourhoods are clustered to support larger activity centres served by high quality public transport. o Reduce car dependency by allowing for: ° Convenient and safe public transport. ° Safe and attractive spaces and networks for walking and cycling. ° Subdivision layouts that allow easy movement within and between neighbourhoods. ° A convenient and safe road network. o Being accessible to people with disabilities. o Creating an urban structure and providing utilities and services that enable energy efficiency, resource conservation, integrated water management and minimisation of waste and air pollution.

Clause 15.01-4S Healthy neighbourhoods

Objective

° To achieve neighbourhoods that foster healthy and active living and community wellbeing.

Strategies

° Design neighbourhoods that foster community interaction and make it easy for people of all ages and abilities to live healthy lifestyles and engage in regular physical activity by providing: o Connected, safe, pleasant and attractive walking and cycling networks that enable and promote walking and cycling as a part of daily life. o Streets with direct, safe and convenient access to destinations. o Conveniently located public spaces for active recreation and leisure. o Accessibly located public transport stops. o Amenities and protection to support physical activity in all weather conditions.

Clause 15.01-5S Neighbourhood character

Objective

° To recognise, support and protect neighbourhood character, cultural identity, and sense of place.

Strategies

° Ensure development responds to cultural identity and contributes to existing or preferred neighbourhood character. ° Ensure development responds to its context and reinforces a sense of place and the valued features and characteristics of the local environment and place by emphasising the: o Pattern of local urban structure and subdivision. o Underlying natural landscape character and significant vegetation. o Heritage values and built form that reflect community identity.

Clause 15.02-1S Energy and resource efficiency

Objective

° To encourage land use and development that is energy and resource efficient, supports a cooler environment and minimises greenhouse gas emissions.

Strategies

° Improve the energy, water and waste performance of buildings and subdivisions through environmentally sustainable development. ° Promote consolidation of urban development and integration of land use and transport. ° Improve efficiency in energy use through greater use of renewable energy technologies and other energy efficiency upgrades. ° Support low energy forms of transport such as walking and cycling. ° Reduce the urban heat island effect by greening urban areas, buildings, transport corridors and open spaces with vegetation. ° Encourage retention of existing vegetation and planting of new vegetation as part of development and subdivision proposals.

Clause 16 Housing

Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure.

Planning should ensure the long term sustainability of new housing, including access to services, walkability to activity centres, public transport, schools and open space.

Planning for housing should include the provision of land for affordable housing.

Clause 16.01-2S Location of residential development

Objective

° To locate new housing in designated locations that offer good access to jobs, services and transport.

Strategies

° Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas. ° Encourage higher density housing development on sites that are well located in relation to jobs, services and public transport. ° Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development. ° Facilitate residential development that is cost effective in infrastructure provision and use, energy efficient, water efficient and encourages public transport use. ° Identify opportunities for increased residential densities to help consolidate urban areas.

Clause 19 Infrastructure

Planning for development of social and physical infrastructure should enable it to be provided in a way that is efficient, equitable, accessible and timely.

Planning is to recognise social needs by providing land for a range of accessible community resources, such as education, cultural, health and community support (mental health, aged care, disability, youth and family services) facilities.

Planning should ensure that the growth and redevelopment of settlements is planned in a manner that allows for the logical and efficient provision and maintenance of infrastructure, including the setting aside of land for the construction of future transport routes.

Planning should facilitate efficient use of existing infrastructure and human services. Providers of infrastructure, whether public or private bodies, are to be guided by planning policies and should assist strategic land use planning.

Planning should minimise the impact of use and development on the operation of major infrastructure of national, state and regional significance, including communication networks and energy generation and distribution systems.

Planning authorities should consider the use of development and infrastructure contributions in the funding of infrastructure.

Response

It is submitted that the proposal is consistent with the intent and provisions of the SPPF, particularly:

• Clause 11 (Settlement) in that the proposal accommodated for residential development within a zoned and established residential area.

• Clause 12 (Environmental and Landscape Values) in that the proposal will have a minimal impact on the environmental and landscape values.

• Clause 13 (Environmental Risks) in that the proposed subdivision is located within that area that does not have recognized environmental risks - including but not limited to bushfire, erosion, flooding.

• Clause 15 (Built Environment and Heritage) in that the proposal will facilitate the development of each allotment with a dwelling in keeping with the established residential area of Rhyll.

• Clause 16 (Housing) in that the proposal will accommodate housing diversity in an appropriately zoned location.

• Clause 19 (Infrastructure) in that the proposal will make efficient use of existing infrastructure.

4.2 Municipal Strategic Statement

Clause 21 of the Bass Coast Planning Scheme presents the Municipal Strategic Statement (MSS). The MSS provides a snapshot of the Shire and its demographics, its key influencing factors vision for the future and actions to achieve the vision.

Provisions relevant to this proposal follow.

Clause 21.01 Municipal Profile

The Bass Coast Shire’s Council Plan 2013-2017 provides a vision that states:

• Bass Coast Shire will be recognised as a unique place of environmental significance where our quality of life and sense of community is balanced by sustainable and sensitive development, population and economic growth.

The current Council Plan includes five Strategic Objectives that shape Council’s vision for land use planning:

• Our unique natural environment is protected, maintained and enhanced for the enjoyment of all. • Our built environment complements our landscape, lifestyle and climate. • Our community feels connected, safe and strong. • Our leadership will be achieved through good governance, community engagement and excellence in service delivery. • Our economy is supported by diverse, local and innovative businesses and employment.

Clause 21.02 Settlement

Clause 21.02-1 Growth of towns

The distinctive settlement pattern of Bass Coast Shire, based on a hierarchy of townships and villages, contributes to the diversity of residential, commercial, recreational and employment opportunities available not only to Shire’s residents, but to the wider community who visit the area. A Settlement Hierarchy has been developed which seeks to set out the strategic directions and development opportunities in the Shire.

Key Issues

• Managing expectations regarding future residential or rural residential development of rural land, and promote sustainable rural land use. • Maintaining a separation between townships and avoiding extending residential development in a linear form along the coast. • Protecting areas of environmental, landscape, agricultural, cultural or recreational significance. • Protecting the liveability of Bass Coast’s rural areas. • Managing significant land use pressure from population growth and visitors. • Avoiding the expansion of settlements into areas where environmental hazards are identified.

Rhyll is identified as a hamlet (low growth settlement) in the Strategic Directions Framework Plan shown below. Hamlets are defined as settlements with low, seasonal population levels, located in a singular urban zone. Generally no sewer connection or major services and limited accommodation. High levels of holiday home ownership closer to Melbourne.

Figure 3 – Strategic Directions Framework Plan Source: Bass Coast Planning Scheme Not to scale

Relevant objectives and strategies of this clause follow.

Objectives and strategies Response

Objective 1

To identify towns that are suitable for urban growth and to provide for sufficient land in these towns for growth until 2030.

Strategies

Restrict urban development to existing urban Satisfied. areas except: The subject site is within the existing residential • Where the land is identified in an area of Rhyll. adopted Structure Plan as being within a future settlement boundary, or as part of a comprehensive review of the relevant Structure Plan for a town; and • Where the future settlement boundary

Objectives and strategies Response

from the adopted Structure Plan has been incorporated into the Bass Coast Planning Scheme; and • Where staging of the development is in accordance with a development plan approved by Council.

Objective 2

To ensure that residential development and related urban uses are restricted to existing or identified settlements.

Strategies

Discourage urban growth beyond existing Satisfied. settlement boundaries of towns not identified in the Settlement Hierarchy included in this The subject site is within the existing township Clause. area of Rhyll.

Strongly discourage expansion of isolated Satisfied. residential, low density residential, and rural living estates. As above.

Ensure that development within old and Satisfied. inappropriate subdivisions only occurs in accordance with an approved restructure plan. The subject site is in the area subject to the Rhyll Structure Plan as shown in Figure 4 below.

Restructure existing rural living and low density N/A. residential development within identified settlement boundaries, in accordance with an No rural living or low density residential approved restructure or development plan. development is proposed.

Protect and maintain the existing rural character N/A. of the Shire by providing clear definitions and distinctions between rural and urban areas. The subject site is not on a boundary between rural and urban areas.

Objective 3

To encourage sustainable development and minimise impacts on the environment.

Strategies

Minimise the impact on significant Satisfied. environmental features within identified settlement boundaries, and address these The subject site is located adjacent to the Rhyll impacts through the rezoning or development foreshore and the proposed development has planning processes. been designed to minimise any impacts on the surrounding environment.

Objectives and strategies Response

Objective 4

To discourage urban development that encroaches or impacts on significant environmental features.

Strategies

Ensure that urban growth and development N/A. enhances significant environmental features by identifying and protecting these areas during the The subject site is not adjacent to any significant preparation of Structure Plans. environmental features marked on the Rhyll Structure Plan as shown in Figure 4 below.

Manage climate change impacts by: Satisfied.

• Identifying areas subject to future The subject site is located adjacent to Rhyll impacts of climate change. foreshore but is not affected by any overlays • Preparing a strategy to deal with the relating to erosion, landslip or possible impacts of climate change for inundation/flooding and is considered a developments located within existing relatively low risk area. urban boundaries.

Ensure that development is set back from the Satisfied. coast to accommodate coastal features, vegetation and climate change impacts. The proposed development is separated from Rhyll foreshore by Beach Road and will be set back consistent with surrounding properties.

Objective 5

To discourage inappropriate development in areas where an environmental hazard has been identified.

Strategies

Identify and plan for environmental hazards. Satisfied.

The subject site is located adjacent to Rhyll foreshore but is not affected by any overlays relating to erosion, landslip or inundation/flooding and is considered a relatively low risk area.

Ensure development is responsive to Satisfied. environmental hazards. As above.

Apply the appropriate planning controls to Satisfied. ensure responsive development in areas affected by environmental hazards. As above.

Discourage inappropriate development in areas Satisfied. affected by riverine flooding and coastal

Objectives and strategies Response inundation, in particular, areas affected by the As above. Land Subject to Inundation Overlay.

Objective 6

To enhance the sense of identity for each community.

Strategies

Ensure that new urban development contains N/A. high quality infrastructure, community services and facilities. The proposed development is for a 2-lot subdivision only.

Objective 7

To provide for improved public open spaces to meet the needs of growing communities.

Strategies

Ensure the provision of unencumbered public N/A. open space meets the needs of the communities it is to serve by improving access, No public open space is proposed. facilities, presentation and environmental sustainability.

Clause 21.02-2 Housing

Provision needs to be made for a diverse range of housing types and tenures to cater for the municipality’s varied community. As the population ages a more diverse range of housing is required. Provision also needs to be made for housing that can be adapted to cater for people with disabilities and older persons when the need arises. Housing in the area is becoming increasingly difficult to afford for many residents in the municipality.

Urban consolidation is encouraged in areas that have the physical infrastructure, community facilities and commercial facilities to support an increase in population.

Key Issues

• Providing housing to meet the demands of a changing demographic profile. • Catering for an increasingly aged population. • Providing affordable housing in the municipality.

Objectives and strategies of this clause follow.

Objectives and strategies Response

Objective 1

To increase housing densities and the consolidation of urban areas in appropriate locations and

Objectives and strategies Response restrict increased housing densities and the consolidation of urban areas in inappropriate locations.

Strategies

Encourage increased housing densities within N/A. Wonthaggi, Cowes/Ventnor, San Remo, Inverloch and Grantville: The subject site is not located in these areas.

• In proximity to commercial centres, community facilities and services. • In areas nominated in structure plans or Design Frameworks. • Within 200 metres of a main commercial activity centre.

Discourage increased housing densities in Cape Satisfied. Paterson, Dalyston, Kilcunda, Bass, Corinella, Coronet Bay, Newhaven, Ventnor and Rhyll. The proposal is for a 2-lot subdivision in an Ensure that any development is consistent with established residential area of Rhyll and is not the prevailing character of the area and is only expected to exceed existing infrastructure and located in areas where there is adequate services. infrastructure and community services.

Discourage increased housing densities in N/A. towns without the appropriate infrastructure or services to support such development, or where The subject site is not located in these areas. there are particular environmental or character features, including the townships of Tenby Point, Jam Jerrup, Pioneer Bay, Adams Estate, Harmers Haven, The Gurdies, South Dudley, Mabilia Road Estate in Kilcunda, Silverleaves, Sunset Strip, Wimbledon Heights, Smiths Beach, Sunderland Bay, Surf Beach and Cape Woolamai.

Avoid inappropriate encroachment of N/A. residential/rural-residential subdivisions and rezoning on industry, including rural industry, The subject site is not adjacent to any rural or having regard to the threshold distances in industrial zoned land. Clause 52.10 and the EPA Recommended Buffer Distances for Industrial Residual Air Emissions (AQ 2/86).

Subdivisions should not create ‘battle-axe’ Noted. allotments, unless accompanied by a development application, or where there is an The proposed subdivision will utilize an existing approved permit for development. battle-axe allotment / common access due to the configuration of the site and the desire to avoid creating a shared accessway.

Objectives and strategies Response

Objective 2

To provide a diversity of housing types to meet the needs of all residents and visitors to the municipality.

Strategies

Ensure older person’s accommodation, N/A. including retirement villages and nursing homes, is provided in proximity to commercial, The subject site is not located in these areas. community and recreational facilities in Wonthaggi, Inverloch, Cowes, San Remo and Grantville.

Ensure housing is designed to be accessible for Noted. people with limited mobility. Future housing development can be designed to accommodate people with limited mobility.

Objective 3

To provide more affordable housing options in the municipality.

Strategies

Encourage the provision of affordable housing Noted. by ensuring that housing: The proposed subdivision will create additional • Is affordable for different income housing stock within the township of Rhyll. groups. • Is of different types and forms. • Is responsive to the needs of households at different life stages. • Includes a range of options that will sustain diverse communities.

Explore opportunities to use vacant or under- N/A. utilised Council owned land for affordable housing The subject site is not Council land.

Objective 4

To provide a diversity of lot sizes to meet the needs of all residents and visitors to the municipality.

Strategies

Encourage the following densities; Noted.

• 1 dwelling per 300 sqm on land located Rhyll has dispersed retail and commercial within 400 metres of a main commercial facilities along the foreshore and the main activity centre or community facility. Cowes-Rhyll road. The proposed subdivision • 1 dwelling per 450 sqm on land located will create two lots of 1,166 and 1,121sqm; each

Objectives and strategies Response

within 800 metres of a main commercial will contain one dwelling. This density is activity centre or community facility. consistent with the surrounding properties. • 1 dwelling per 600 sqm on land located more than 800 metres away from a main commercial activity centre or community centre.

Objective 5

To ensure new residential development contributes to the new and upgraded infrastructure.

Strategies

Ensure new residential developments contribute Noted. towards the provision of infrastructure. The proposal is for a 2-lot subdivision in an established residential area of Rhyll and is not expected to exceed existing infrastructure and services.

Encourage high speed communications Noted. infrastructure for new housing within the municipality. As above.

Ensure public open space contributions are N/A. used to improve the provision and quality of neighbourhood amenities. No public open space is proposed.

Clause 21.04 Environment

The relationship between the coastal environment and land use planning highlights the need for effective catchment management strategies. The municipality is subject to environmental hazards; they include erosion and landslip in Strzelecki foothills, salinity and acid sulphate soils around waterways and in coastal areas, and riverine flooding around waterways.

Climate change is predicted to cause an increase in sea levels, a decrease in rainfall and more frequent and severe storm events. It is predicted that sea levels will rise by not less than 0.8 metres by the year 2100. As a result there is likely to be impacts on coastal settlements, biodiversity, infrastructure and agricultural production.

Key Issues

• Managing the coastline, which contains the main proportion of significant habitat. • Protecting and enhancing environmental values. • Protecting areas subject to future impacts as a result of climate change. • Seeking a balance between urban growth of coastal communities and planning for the effects of climate change. • Halting the decline and fragmentation of indigenous vegetation. • Conserving and enhancing of the municipality’s biodiversity. • Balancing the competing interests of protecting existing habitat and development pressures.

• Maintaining water quality (avoiding increased concentrations of nutrients and suspended sediments) by better managing erosion, agriculture, forestry and urban uses. • Protecting estuarine, river and coastal environments, from pollution, high nutrient run off and flash flooding. • Managing environmental hazards including: o The effects of climate change and coastal inundation. o Riverine flooding. o Land subject to subsidence due to previous coal extraction. o Increased areas affected by salinity. o Erosion and landslip. o Acid Sulphate Soils.

Clause 21.04-6 Climate Change

Climate change is predicted to cause an increase in sea levels, a decrease in rainfall and more frequent and severe storm events. There will be impacts on coastal settlements, biodiversity, infrastructure and agricultural production. As Bass Coast Shire has a number of low lying regions (both on the coast and further inland), and a large amount of viable agricultural land, the future impacts of climate change on the municipality are significant planning issues.

Issues associated with climate change include potential sea level rise, storm surge, increased fire risk and rain intensity, and development will be strongly discouraged in areas that may be affected.

Relevant objectives and strategies of this clause follow.

Objectives and strategies Response

Objective

To conserve water resources within townships.

Strategies

Encourage developments to minimise Noted. stormwater run-off by reusing rainwater and recycling waste water. This should include, but See Section 4.3 of this report for a response to not be limited to, incorporating facilities for the the provisions of Clause 22.01 (Stormwater re-use of water, through the use of rainwater Management Policy). tanks, grey water tanks and grey water pipelines.

Objective

To discourage development in areas that may be affected by climate change.

Strategies

Determine the effects of sea level rise and storm Noted. surges and prepare and implement strategies to address any potential issues. The proposed subdivision will create two large lots which will provide flexibility for the location of future dwellings when considering potential

Objectives and strategies Response

future risks due to climate change.

Increase the Council and the community’s N/A. knowledge and understanding of the effects of climate change in the municipality.

Discourage individual landowners adjacent to N/A. the coast from constructing their own sea wall barriers in an attempt to minimise impacts from No sea wall is proposed. erosion and coastal processes.

Apply appropriate planning controls to ensure Noted. responsive development in areas affected by environmental hazards. The subject site is not affected by any overlays relating to erosion, landslip or flooding/inundation and is considered a relatively low risk area.

Discourage inappropriate development in areas Noted. affected by riverine flooding and coastal inundation, in particular, areas affected by the As above. Land Subject to Inundation Overlay.

Clause 21.05 Landscape and Built Form

Bass Coast Shire’s rural and coastal setting, historic development patterns, and residential architecture, combine to give the municipality its unique appearance and character. The Bass Valley, Phillip Island, Bass Highway and Bunurong Coastal Drive are locations and corridors where the rural farmed landscape and coastal views are key elements of the landscape character. Preventing ribbon development between towns, development at township and landscape edges and along corridors is critical to maintaining landscape character and values.

The majority of new residential subdivision estates within the municipality occur on the periphery of existing urban centres and at the interface between urban and rural land. New residential subdivision design should be responsive to environmental issues and habitat values, and the maintenance and protection of viable agricultural land.

The subject site is located in the Phillip Island Northern Coast Character Area.

Key attributes:

• This Character Area includes the majority of Phillip Island and is characterised by a rolling rural landscape adjoining a low-energy sandy and mud-flat coastline on the northern edge at Westernport Bay. • Features include a cultural vegetation pattern of wind breaks and roadside vegetation and extensive urban areas in three settlements at the northern coastal edge (Cowes / Ventnor / Rhyll). Rolling topography inland is largely undeveloped, offering open rural views with glimpses to Westernport Bay available in parts.

Future Character Directions:

• The majority of this Character Area will retain an open rolling rural character with cultural vegetation patterns associated with rural land uses and a few scattered homesteads and tourism facilities set among landscaped grounds. • The settlements will be characterised by indigenous vegetation which extends in corridors between inland reserves and the natural coastal edge. • Existing rural breaks between residential developments will be retained and development at the coastal edge will remain subordinate to vegetation and landform to a dominant natural coastal character and will reduce distant visibility.

Relevant objectives and strategies of this clause follow.

Objectives and strategies Response

Objective

To ensure that development is subordinate to the natural, visual and environmental landscape character and significance.

Strategies

Ensure that coastal related development Satisfied. responds appropriately to the landscape setting, character and desired future character The proposal will create two lots for residential directions. purposes consistent with the surrounding properties.

Strongly discourage development that is N/A. unsympathetic to significant landscape areas. The subject site is not affected by the Significant Landscape Overlay.

Avoid linear coastal development beyond urban N/A. boundaries. The subject site is located within the established residential area of Rhyll.

In open rural areas, set buildings back long N/A. distances from roads and/or group buildings together among substantial landscaping. As above.

Scale the height and form of new development Noted. at the coastal edge of settlements to be sensitive to surrounding development, the In the event that any future building or works surrounding landform and the visual setting of trigger the need for a planning permit, the settlement, particularly when viewed from particularly under the Design and Development the foreshore. Overlay, then these requirements will be considered at that time.

Objective

To protect the undeveloped character of the coastal strip.

Strategies

Objectives and strategies Response

Retain a dominant natural or undeveloped Noted. character, by setting development back from the coast, in flatter locations, avoiding loss of In the event that any future building or works vegetation, and minimising the visibility and trigger the need for a planning permit, impact of pedestrian and vehicular access paths particularly under the Design and Development and site servicing on the coastal landscape. Overlay, then these requirements will be considered at that time.

Ensure ridge tops and visually prominent hill N/A. faces are largely kept free of development, particularly slopes visible from the coast and The subject site is located in a low-lying area coastal hinterland. adjacent to the Rhyll foreshore.

Use existing landscape features where they N/A. exist (e.g. topography, vegetation coverage, vistas), to define edges to settlements and The subject site is not located on the edge of protect the surrounding landscape character. Rhyll township.

Objective

To protect locally significant views and vistas that contributes to the character of the coastal and coastal hinterland region.

Strategies

Strongly discourage development from locating N/A. on hilltops and ridgelines. The subject site is located in a low-lying area adjacent to the Rhyll foreshore.

Ensure that development does not impact on N/A. existing walking trails, and that it enhances views to and from these walking trails. The subject site is not located adjacent to any walking trails.

Protect scenic views in undeveloped landscape Noted. features along the coastline including views from public recreation areas, lookouts, and In the event that any future building or works roads that abut, or terminate at the coast. trigger the need for a planning permit, particularly under the Design and Development Overlay, then these requirements will be considered at that time.

Clause 21.05-4 Design and Built Form

It is important that the valued aspects of the municipality’s character are not lost through redevelopment.

Where the built form character of an area is established and valued (and the area has not been identified for substantial change), new development should respect this character and add to the overall quality of the urban environment. In areas where built form change will be more substantial,

high quality and site responsive design should add to the diversity of the built environment, enhance the sense of place and incorporate the principles of Environmentally Sensitive Design.

The strategies and objectives outlined in this clause apply to all forms of development, including residential, commercial and industrial development. Housing, particularly in areas where there are increased housing densities, needs to respond to its context in terms of character, cultural heritage, natural features, surrounding landscape and climate.

Objectives and strategies of this clause follow.

Objectives and strategies Response

Objective

To achieve a high standard of architecture and urban design for built form and public spaces throughout the municipality.

Strategies

Encourage high quality buildings and public Noted. spaces that are environmentally, economically, and socially sustainable. In the event that any future building or works trigger the need for a planning permit, particularly under the Design and Development Overlay, then these requirements will be considered at that time.

Design and site development to complement the Noted. context in which it sits. As above.

Ensure the siting of buildings contributes Noted. positively to the public realm and respects the character of the area. As above.

Ensure a high quality of design in industrial N/A. estates. The subject site is located in an established residential area.

Development proposals should be assessed Noted. against the following requirements: In the event that any future building or works • All roof elements, including plant, lift trigger the need for a planning permit, over-runs, and other building services particularly under the Design and Development should be absorbed within the overall Overlay, then these requirements will be building form, or included as part of considered at that time. overall roof design. • Visible service areas (and other utility requirements) of a building should be treated as an integral part of the overall design and fully screened from public areas. • All visible facades (including the rear

Objectives and strategies Response

and sides of buildings) should provide a positive contribution to public areas and interact with the public realm. • Long expanses of solid walls should be avoided. • Buildings should incorporate design elements and a variety of materials that create articulation and visual interest. • Development along main traffic routes should incorporate design elements that add visual interest to the front and rear of the buildings. • Commercial, public or large residential developments should incorporate public art. • The built form and materials used for development should reflect the coastal setting and coastal architecture (where relevant).

Objective

To maximise energy saving, water conservation, and the principles of Environmentally Sustainable Design.

Strategies

Ensure development considers energy, water Noted. and natural resource efficiency in the construction and operation. In the event that any future building or works trigger the need for a planning permit, particularly under the Design and Development Overlay, then these requirements will be considered at that time.

Encouraging passive solar design, especially Satisfied. where there are views to the north or south. The proposed lots will be oriented to the south to take advantage of the view towards Rhyll foreshore and passive solar energy.

Clause 21.05-5 New Urban Subdivision

Many of the towns within the municipality have unique settlement patterns and particular housing types. New residential subdivision estates should be designed to respond to, and enhance, the character of existing townships.

Objectives and strategies of this clause follow.

Objectives and strategies Response

Objective

To encourage new residential subdivision estates to integrate with the existing community.

Strategies

Ensure new residential subdivision estates Satisfied. recognise the surrounding context and township character. The proposal is for a 2-lot subdivision within a zoned and established residential area and integrates within the surrounds.

Ensure that new subdivisions maintain and Satisfied. enhance traditional street patterns of the locality. As above.

In addition to networks within subdivision N/A. estates, ensure that new residential subdivision estates improve wider pedestrian, bicycle and The proposal is for a 2-lot subdivision. vehicular networks, and encourage safe pedestrian movements through urban areas.

Ensure that subdivision plans nominate building Satisfied. footprints and a lot density that respond to, and reflect the character of surrounding Each allotment exceeds 1,000sqm and can neighbourhoods and any environmental readily accommodate a building envelope. constraints or features (where practicable).

Discourage single entry subdivisions (where Satisfied. practicable). An existing battle entry will be utilised and formalised with a common property arrangement.

Avoid gated communities. N/A.

The subdivision is not a gated community.

Objective

To protect and enhance the environmental value of the site and surrounding area.

Strategies

Minimise earthworks. Satisfied.

No earthworks are proposed to facilitate the 2 lot subdivision.

Minimise soil relocation. Satisfied.

No soil relocation is required for the proposed 2

Objectives and strategies Response

lot subdivision.

Protect, establish and regenerate recognised Satisfied. wildlife corridors as part of new residential subdivision estates. No recognised wildlife corridors will be compromised by the proposed 2 lot subdivision.

Encourage new residential subdivision estates Satisfied. to provide permeable fencing or landscaping in areas adjacent to roads and reserves. Appropriate fencing will be provided consistent with the nearby established residential areas.

Clause 21.09 Low Growth Settlements

Clause 21.09-2 Rhyll

The subject site is located within the existing urban area of Rhyll as shown below.

Figure 4 – Rhyll Source: Planning Maps Online Not to scale

The Rhyll Structure Plan establishes a clear direction for the future physical form of Rhyll in that it defines a town boundary for residential development and precincts for consolidated commercial areas.

Relevant directions include:

• Ensure development occurs within settlement boundaries.

• Maintaining the Rhyll-Newhaven Road, Hastings Road and McIlwraith Road as the boundary for residential development. • Encourage a mix of densities within the urban area to accommodate population growth without compromising the coastal village character. • Ensure that future development is high quality and has an appropriate scale for the compact nature of the urban area of Rhyll. • Maintain the existing compact residential character of the urban area. • Within residential areas: o Apply the design guidelines of the Phillip Island and San Remo Design Framework. o Encourage new buildings to respond to the hillside topography of Rhyll by varying the levels of each part of any dwelling to reduce building and wall heights and overall mass. o Limit building form to be a maximum of two storeys in height (7 metres from natural ground level to top of wall and 8 metres from natural ground level to the ridgeline).Encourage new developments to maintain existing view lines to and from the foreshore. o Maintain the roadside vegetation in Rhyll and on the approaches into the urban area. • Identify and plan for environmental hazards.

Response

It is submitted that the proposal is consistent with the intent and provisions of the Municipal Strategic Statement.

The proposal seeks subdivide land in a recognised and established residential area, in a manner that recognises environmental constraints (ie bushfire, flooding and erosion) and is able to readily accommodate 2 lots / dwellings without detrimentally affecting nearby landowners / occupiers.

4.3 Local Policies

Clause 22 of the Bass Coast Planning Scheme contains the Local Planning Policy Framework (LPPF). These policies assist statutory decision making and with achieving the vision set out in the MSS.

Provisions relevant to this proposal follow.

Clause 22.01 Stormwater Management Policy

This policy applies to all land within the Shire.

Council’s Municipal Strategic Statement identifies stormwater drainage as a concern in urban areas where there is inadequate street drainage infrastructure. Consequently, this inadequacy impacts on stormwater quality, which, in turn, affects coastal and inland waterways and flora and fauna habitats. The need for upgraded drainage networks and road infrastructure works is emphasised as a means to improve stormwater quality and reduce sediment and nutrient loads to local waterways. The incorporation of urban stormwater quality management into future, and where practicable, existing urban developments is also recommended.

Objectives:

• To incorporate stormwater management considerations in the decision-making for the use and development of land. • To maintain and enhance stormwater quality introduced to the drainage and waterway environment of the Shire. • To address priority stormwater threats facing the urban and non-urban areas of the Shire as documented in the Bass Coast Stormwater Management Plan (2003). • To promote and improve the contribution the drainage system makes in upholding and where possible improving the values of the waterways across the Shire. • To maintain stormwater flows and discharges at a maximum of the pre-development flow level. • To maximise the effectiveness of stormwater infrastructure in protecting the waters of Bass Coast Shire. • To manage flooding and drainage so as to minimise risks to the community and the environment.

It is policy that the following features are taken into consideration when evaluating applications to use and develop land:

Policy Response

Stormwater Management Plans or Reports

A stormwater management plan or report should Satisfied. be submitted for any subdivision with works or any development proposal. The stormwater A common property / carriageway easement is management plan should form part of an overall proposed along the south-western boundary of Environment Management Plan (EMP). Plans the property. and reports will be assessed against the A drainage will fall to the front the property following criteria, where relevant:

Policy Response

• Extent of disturbed areas and if applicable, consistent with the nature fall of the land. the proposed method of revegetation. • Envisaged timeframe for reducing impacts We anticipate that any future requirements during staged developments. relating to the drainage of the land can be imposed as a condition on any planning permit • Containment of sediment during the to be issued. construction phase through the appropriate type and location of storage facilities such as cut off drains, temporary sediment ponds and other structures. • Proposed method of builders waste collection during construction. • Location of proposed permanent stormwater treatment structures to be used prior to discharge to receiving waters. • Overall compliance with the Bass Coast Stormwater Management Plan (2003). • Compliance with the urban Stormwater Best Practice Environmental Management Guidelines (CSIRO 1999). • An emergency response plan detailing the drainage system, location of ecologically sensitive areas, notification protocol for other emergency services, the council role and the appropriate use of equipment. • Compliance with Publication 960, EPA guideline for Environment Management ‘Doing it Right on Subdivisions’.

Design

Best Practice Measures such as those Satisfied. contained in the Council’s Urban Stormwater Best Management Practice (2005) should be As above. incorporated into the design of new developments. Off site discharge of stormwater should be Satisfied. minimised by considering the application of Water Sensitive Urban Design, where As above. appropriate. For example: • Use of porous pavements instead of hard surface and paved areas that will also encourage increased water infiltration. • On-site collection or retention of stormwater. • Water conservation methods or re-use facilities.

Appropriate infrastructure should be installed to Satisfied. treat stormwater on site before discharging it.

Policy Response

As above.

Any detrimental impacts or increased flood risk Satisfied. as a result of development in floodprone areas should be minimised through appropriate As above. consultations with the relevant floodplain manager with regard to design and location. Infrastructure and Maintenance

Stormwater management infrastructure should Satisfied. be provided at the time of development by the developer and agreements covering As above. contributions may be required where the development detrimentally impacts on existing stormwater infrastructure or receiving waters. The proponent of any use or development of Satisfied. land that discharges stormwater should enter into an agreement with the relevant drainage As above. authority for the provision and upgrading of drainage infrastructure to the site. Infrastructure for the control of stormwater Satisfied. quality discharge to receiving environments should be installed, including but not limited to: As above. • On-site retention systems. • Gross Pollutant Traps. • Absorbents or soak pillows installed into existing Gross Pollutant Traps at major outfalls of heavily trafficked commercial catchments. • Oil and solids separation devices around areas producing high oil/fuel spills and runoff, such as car parks and main streets.

Development should be connected to reticulated Satisfied. sewage where available. The property will be connected to reticulated sewer networks.

Maintenance programs as highlighted in the Noted. Bass Coast Stormwater Management Plan (2003) should be implemented.

Discharge and Drainage

Stormwater generated from water falling on the Satisfied. impervious surfaces of a site should be retained on-site where appropriate, or otherwise collected As above. and discharged, via the onsite retention system, to the point of discharge nominated by the responsible authority.

Policy Response

Direct stormwater discharges to a waterway Satisfied. should be in accordance with the relevant Catchment Management Authority or Melbourne As above. Water licensing requirements. The rate of discharge should be limited to the Satisfied. design discharge for the site prior to development or redevelopment. As above.

Urban Stormwater Best Management Practice Satisfied. (2005) should be used in the design, construction and operation of drainage systems As above. to reduce impacts on surface waters and groundwater. No polluted water or sediment should be Satisfied. discharged directly or indirectly into any existing drain or watercourse. As above.

Apply Melbourne Water’s Guidelines for Satisfied. Development in Flood Prone Areas when considering applications. As above.

Environmental Conservation

Opportunities should be created to maximise the N/A. potential for the overall drainage system, including all creeks, drains and wetlands to No natural waterways apply to the land. contribute to the environmental and recreational qualities of the Shire. Development buffer zones be created along N/A. waterways to protect and enhance their potential as habitat corridors and assist the ecological As above. functioning of streams and their sustainability. Opportunities for stormwater harvesting for re- N/A. use on open space and recreation areas should be considered. As above.

Before deciding on an application, the responsible authority will consider, as appropriate:

Decision Guidelines Response

Whether the proposed works meet the Satisfied. objectives of this policy. The proposed 2 lot subdivision can clearly satisfy policy requirements as related to this type of application.

Whether the proposed works respond Satisfied. satisfactorily to the requirements outlined under the Section 22.01-3 above. Refer above.

Decision Guidelines Response

Whether the proposed stormwater infrastructure Satisfied. impacts or enhances other environmental and landscape values. The proposed 2 lot subdivision will not comprise natural environmental and landscape values by way for drainage / stormwater.

Whether the application is dependent on actions Satisfied. by other authorities for the provision, or ongoing maintenance of the stormwater system. The proposed 2 lot subdivision will be subject to condition on any planning permit to issue.

Any requirements of the relevant floodplain Satisfied. management authority. The proposed 2 lot subdivision will have limited impact on Floodplain Management Authority issues.

Advice and comments from other relevant Satisfied. authorities. The proposed 2 lot subdivision will be subject to condition on any planning permit to issue.

Response

It is submitted that the proposal is consistent with the intent and provisions of Bass Coast Shire Council’s local planning policies.

The proposal will appropriately respond to the issue of stormwater management and will be subject to conditions on any planning permit to issue.

4.4 General Residential Zone

The site is located in the General Residential Zone as shown below.

Figure 5 – General Residential Zone Plan Source: Planning Maps Online (land.vic.gov.au) Not to scale

The purpose of this zone is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To encourage development that respects the neighbourhood character of the area. • To encourage a diversity of housing types and housing growth particularly in locations offering • good access to services and transport. • To allow educational, recreational, religious, community and a limited range of other non- residential uses to serve local community needs in appropriate locations.

A permit is required to subdivide land.

An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and:

• Must meet all of the objectives included in the clauses specified in the following table. • Should meet all of the standards included in the clauses specified in the following table.

Class of subdivision Objectives and standards to be met

2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

Decision Guidelines Response

General

The Municipal Planning Strategy and the Satisfied. Planning Policy Framework. Refer to Sections 4.1- 4.3 of this report.

The purpose of this zone. Satisfied.

The proposal provides lot diversity in a manner that is sensitive to surrounding residential area.

The objectives set out in a schedule to this zone. N/A.

Refer below.

Any other decision guidelines specified in a N/A. schedule to this zone. As above.

The impact of overshadowing on existing rooftop Noted. solar energy facilities on dwellings on adjoining lots in a General Residential Zone, Mixed Use In the event that any future building or works Zone, Neighbourhood Residential Zone, trigger the need for a planning permit, Residential Growth Zone or Township Zone. particularly under the Design and Development Overlay, then these requirements will be considered at that time.

Subdivision

The pattern of subdivision and its effect on the Satisfied. spacing of buildings. The proposal is to subdivide the land into 2 lots. The proposed subdivision plan is presented at Appendix D and Site Response Plan presented at Appendix E. .

For subdivision of land for residential Satisfied. development, the objectives and standards of Clause 56. Refer to Appendix F.

Dwellings and residential buildings

For the construction and extension of one N/A. dwelling on a lot, the objectives, standards and decision guidelines of Clause 54. The proposal is to subdivide the land into 2 lots.

For the construction and extension of two or N/A. more dwellings on a lot, dwellings on common property and residential buildings, the As above. objectives, standards and decision guidelines of Clause 55.

Decision Guidelines Response

For a development of five or more storeys, N/A. excluding a basement, the Design Guidelines for Higher Density Residential Development As above. (Department of Sustainability and Environment 2004).

Schedule 1 to the General Residential Zone (General Residential Area) does not specify any further requirements relevant to this proposal.

Response

Based on the above, it is submitted that the proposal is consistent with the provisions of the General Residential Zone.

4.5 Vegetation Protection Overlay

The subject site is affected by the Vegetation Protection Overlay as shown below.

Figure 6 – Vegetation Protection Overlay Source: Planning Maps Online (land.vic.gov.au) Not to Scale

The purpose of this overlay is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To protect areas of significant vegetation. • To ensure that development minimises loss of vegetation.

• To preserve existing trees and other vegetation. • To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance. • To maintain and enhance habitat and habitat corridors for indigenous fauna. • To encourage the regeneration of native vegetation.

A permit is required to remove, destroy or lop any vegetation specified in a schedule to this overlay

Response

No vegetation will be removed by the subdivision.

It is submitted that the proposal does not compromised the intent and provisions of the Vegetation Protection Overlay (Schedule 2 – Phillip Island).

4.6 Design and Development Overlay

The subject site is affected by the Design and Development Overlay as shown below.

Figure 7 – Design and Development Overlay Source: Planning Maps Online (land.vic.gov.au) Not to Scale

The purpose of this overlay is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To identify areas which are affected by specific requirements relating to the design and built form of new development.

A permit is required to subdivide land.

This does not apply if a schedule to this overlay specifically states that a permit is not required.

Subdivision must occur in accordance with any lot size or other requirement specified in a schedule to this overlay.

A permit may be granted to subdivide land which is not in accordance with any lot size or other requirement in a schedule to this overlay, unless the schedule specifies otherwise.

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

Decision guidelines Response

The Municipal Planning Strategy and the Satisfied. Planning Policy Framework. Refer to Sections 4.1- 4.3 of this report.

The design objectives of the relevant schedule to Satisfied. this overlay Refer below.

The provisions of any relevant policies and urban Satisfied. design guidelines. Refer within to detailed assessment relevant strategy and policy provisions of the Bass Coast Planning Scheme.

Whether the bulk, location and appearance of N/A. any proposed buildings and works will be in keeping with the character and appearance of Refer below Schedule 1 of the DDO states adjacent buildings, the streetscape or the area. that “ a planning permit is not required for buildings and works that have a height of less than 7 metres above the ground level ”.

On this basis, planning approval for buildings and works is not being sought.

Whether the design, form, layout, proportion and N/A. scale of any proposed buildings and works is compatible with the period, style, form, As above. proportion, and scale of any identified heritage places surrounding the site.

Decision guidelines Response

Whether any proposed landscaping or removal of Satisfied. vegetation will be in keeping with the character and appearance of adjacent buildings, the No vegetation is being removed. streetscape or the area.

The layout and appearance of areas set aside for Satisfied. car parking, access and egress, loading and unloading and the location of any proposed off Access to proposed Lot 2A and Lot 3 will be via a street car parking battle axed and common property arrangement.

Whether subdivision will result in development Satisfied. which is not in keeping with the character and appearance of adjacent buildings, the The proposed 2 lot subdivision will be consistent streetscape or the area. with that in the surrounding General Residential area.

Any other matters specified in a schedule to this Satisfied. overlay. Refer below.

Schedule 1 to the Design and Development Overlay (Residential Areas Near the Coast) specifies the following:

Design objectives

• To protect views from the coast to adjacent residential areas. • To protect views to the coast from adjacent residential areas. • To minimise the impact of development along the coastline. • To protect and enhance the visual amenity and landscape of the coastal area. • To respond to the potential coastal impacts of climate change.

In all areas except Pioneer Bay, Grantville and Coronet Bay, a permit is not required for buildings and works that have a height less than 7 metres above ground level.

All buildings and works must be located and constructed so as to retain as much as possible existing native vegetation on the site. The proponent must justify the removal of any native vegetation.

Before deciding on an application, the responsible authority must consider:

Decision guidelines Response

The siting and design of proposed development in N/A. response to Council's adopted Design and Siting Guidelines for Coastal Areas and Rural Hinterland Refer above Schedule 1 of the DDO states that 1999, and Siting and Design Guidelines for “a planning permit is not required for buildings and Structures on the Victorian Coast, Victorian works that have a height of less than 7 metres Coastal Council 1998. above the ground level ”. On this basis, planning approval for buildings and

Decision guidelines Response

works are not being sought.

The risks and coastal impacts associated with Satisfied. climate change, including; • Tides; The proposal subdivision is not affected by such • Storm surges; risks and coastal hazards. • Coastal processes; and • Local topography and geology

Any Coastal Hazard Vulnerability assessment Satisfied. undertaken for the Western Port, Bass Strait and Anderson Inlet coastal areas The land is outside the Flooding and Inundation area that have recently being updated in the Planning Scheme by Council.

The maintenance and improvement of the visual Satisfied. quality of the coastal landscape. The proposed 2 lot subdivision will have limited impact on the coastal landscape given the current zone and residential nature of nearby properties.

The preservation of views from the waters of Satisfied. Western Port, Bass Strait, and Anderson Inlet. The proposed 2 lot subdivision will have limited impact on the coastal landscape given the current zone and residential nature of nearby properties.

The protection of views from coastal roads. Satisfied.

The proposed 2 lot subdivision will have limited impact on views from coastal roads given the current zone and residential nature of nearby properties.

The intensity of human activity that the coastal Satisfied. landscape and environment can sustain. The proposed 2 lot subdivision will have minimal impact on the capacity of the coastal landscape and environment.

The siting, colour and design of buildings. N/A.

Building and works do not trigger approval under the DDO Schedule – as detailed above.

The protection of the area for its recreational Satisfied. value. The proposed 2 lot subdivision will not compromise the wider area and it recreational value given the current zone and residential nature of nearby properties.

Decision guidelines Response

The extent of any proposed removal of native Satisfied. vegetation. No vegetation is being removed as part of the subdivision.

The need for landscaping or vegetation screening. Satisfied.

No need for landscaping or vegetation screening is considered necessary as part of this application given that substantive size of proposed allotment being 1,066sqm (Lot 2A) and 1,2121sqm (Lot #).

The location, dimension and level of any Satisfied. excavation or alteration to the natural surface including works to stabilise buffers in areas of fill or No excavation is required as part of the excavation. subdivision application.

The works to control drainage and stormwater run- Satisfied. off from any building, access road or driveway. The proposed 2 lot subdivision is able to readily satisfy Council drainage requirements which will be subject to conditions on any planning permit to issue.

The impact the provision of physical infrastructure Satisfied. (particularly electricity and telephone) will have on the landscape. Physical infrastructure will not have an adverse impact on the landscape and will be consistent with the surrounding and established General Residential Area.

The location of building envelopes and siting of Satisfied. services in any proposed subdivision. Each lot has capacity of accommodate a dwelling on each lot.

The views, if any, of the Department of Satisfied. Environment and Primary Industries. It is not envisaged that DEPI (or DELWP) would have an issue with the proposed 2 lot subdivision.

Response

It is submitted that the proposal does not compromise the intent or provisions of the Design and Development Overlay (Schedule 1 – Residential Areas Near the Coast) as detailed above .

In the event that the need for a planning approval is triggered for future buildings and works under the Design and Development Overlay, then those requirements will be considered at that time.

4.7 Clause 56 – Residential Subdivision

Purpose

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To create liveable and sustainable neighbourhoods and urban places with character and identity. • To achieve residential subdivision outcomes that appropriately respond to the site and its context for: o Metropolitan Melbourne growth areas. o Infill sites within established residential areas. o Regional cities and towns. • To ensure residential subdivision design appropriately provides for: o Policy implementation. o Liveable and sustainable communities. o Residential lot design. o Urban landscape. o Access and mobility management. o Integrated water management. o Site management. o Utilities.

Response

An assessment of the proposed subdivision against the provisions of Clause 56 is presented in Appendix F.

5 CONCLUSION

Planning Central Pty Ltd acts on behalf of Alistair and Karen Campbell who own the land at 55B Beach Road, Rhyll.

Our clients seek planning approval from Bass Coast Shire to subdivide the land into two lots.

Based on information presented within, it is submitted that:

• The proposal is consistent with State Planning Policy, particularly: o Clause 11 Settlement. ° Clause 11.02-1S Supply of urban land. ° Clause 11.03-4S Coastal settlement. ° Clause 11.03-5S Distinctive areas and landscapes. ° Clause 11.03-6S Regional and local places. o Clause 12 Environmental and Landscape Values. ° Clause 12.01-2S Native vegetation management. ° Clause 12.02-1S Protection of coastal areas. ° Clause 12.05-2S Landscapes. o Clause 13 Environmental Risks and Amenity. ° Clause 13.01-1S Natural hazards and climate change. ° Clause 13.01-2S Coastal inundation and erosion. o Clause 15 Built Environment and Heritage. ° Clause 15.01-3S Subdivision design. ° Clause 15.01-4S Healthy neighbourhoods. ° Clause 15.01-5S Neighbourhood character. ° Clause 15.02-1S Energy and resource efficiency. o Clause 16 Housing. ° Clause 16.01-2S Location of residential development. o Clause 19 Infrastructure. • The proposal is consistent with the Municipal Strategic Statement, particularly: o Clause 21.01 Municipal Profile. o Clause 21.02 Settlement. ° Clause 21.02-1 Growth of towns. ° Clause 21.02-2 Housing. o Clause 21.04 Environment. ° Clause 21.04-6 Climate Change. o Clause 21.05 Landscape and Built Form. ° Clause 21.05-4 Design and Built Form. ° Clause 21.05-5 New Urban Subdivision. o Clause 21.09 Low Growth Settlements. ° Clause 21.09-2 Rhyll. • The proposal is consistent with local planning policies, particularly: o Clause 22.01 Stormwater Management Policy. • The proposal is consistent with the intent and provisions of the General Residential Zone and associated Schedule. • The proposal does not compromise the intent or provisions of the Vegetation Protection Overlay and associated Schedule. • The proposal does not compromise the intent or provisions of the Design and Development Overlay and associated Schedule.

• The proposal is consistent with the intent and provisions of Clause 56 – Residential Subdivision. • The proposal will not have an adverse impact on the surrounding environment. • The proposal will not have a detrimental impact on surrounding landowners / occupiers

Accordingly, we commend this proposal to Bass Coast Shire Council.

Certificate of Title

Feature Survey

Photos: Site and Surrounds

Proposed Subdivision Plan

Design Response Plan

Clause 56 Assessment