Planning and Environment Act 1987 ARARAT PLANNING SCHEME AMENDMENT C39
EXPLANATORY REPORT Who is the planning authority?
This Amendment has been prepared by the Ararat Rural City Council which is the planning authority for this Amendment.
The Amendment has been made at the request of Ararat Rural City Council.
Land affected by the Amendment
The Amendment applies to approximately 100 individual places within both private and public ownership in the localities of Buangor, Cathcart, Dobie, Elmhurst, Lake Bolac, Maroona, Mininera, Mount Cole, Moyston, Nerrin, Norval, Pomonal, Pura, Rhymney, Rocky Point, Rossbridge, Streatham, Tatyoon, Warrak, Westmere, Wickcliffe, Willaura and Yalla T Poora within the Rural City of Ararat.
The Amendment also applies to three discrete areas in Willaura, specifically: 14-20 Delacombe Way, Willaura 96-110 Main Street, Willaura 40-78 Main Street and 49-65 Main Street, Willaura A mapping reference table is attached at Attachment 1 to this Explanatory Report.
What the Amendment does
The Amendment implements the recommendations of the Rural Ararat Heritage Study March 2016.
The Amendment proposes to apply a Heritage Overlay to individual places and three precincts identified in the Rural Ararat Heritage Study, update the Municipal Strategic Statement to make reference to the Heritage Study and make the Heritage Study an Incorporated Document within the Planning Scheme. Specifically, the Amendment will:
Amend Clause 21.04-7 (Heritage) to include an additional strategy to consider the Rural Ararat Heritage Strategy March 2016 when assessing planning permit applications.
Amend Clause 21.08 (Reference Documents) to include the Rural Ararat Heritage Study, volumes 1-4, March 2016 as a reference document.
Amend the Schedule to Clause 43.01 Heritage Overlay to include new individual places and three precincts.
Amend planning scheme maps 4HO, 5HO, 12HO, 14HO, 17HO, 18HO, 19HO, 20HO, 21HO, 24HO, 25HO, 26HO, 27HO, 35HO.
Insert new planning scheme maps 1HO, 2HO, 13HO, 15HO, 28HO, 31HO, 33HO, 34HO.
Amend the Schedule to Clause 61.03 to include new planning scheme maps 1HO, 2HO, 13HO, 15HO, 34HO, 31HO, 33HO, 34HO in the Ararat Planning Scheme.
Amend the Schedule to Clause 81 to include Rural Ararat Heritage Strategy, volumes 1-4, March 2016 as an Incorporated Document.
The Amendment also updates Clause 21.04 and the Schedule to Clause 43.01 Heritage Overlay to ensure compliance with the Ministerial Direction The Form and Content of Planning Schemes.
The Heritage Overlay does not change the zoning of the land. Rather, it identifies that there is a significant feature. The Heritage Overlay means that a planning permit is required for: Subdivision or consolidation of land (Note: subdivision already requires a planning permit) Demolition or removal of identified buildings Construction of a building External alternations to a building Construction of carrying out of works Construction or display of a sign (Note: in many instances display of signage already requires a planning permit) Externally paint an unpainted surface. Some individual buildings may be subject to additional tree controls. These specific requirements only apply to a place if the Schedule to the Heritage Overlay specifies “Yes”. The Schedule to the Overlay also identifies original fences and outbuildings that contribute to the heritage place and indicates properties where a planning permit may be applied for uses which are otherwise prohibited under the zone.
Strategic assessment of the Amendment
Why is the Amendment required?
The Heritage Overlay is currently applied to places in former City of Ararat and a small number of properties in the rural areas (Ararat Heritage Study 1994 and Ararat Heritage Study Review 2001).
Ararat Rural City Council commissioned the Rural Ararat Heritage Study. The Heritage Study identified over 100 places and three precincts that demonstrate and reach the threshold of local significance for historic, scientific, aesthetic, social or spiritual reasons using the criteria set out in the Victoria Planning Provisions Planning Practice Note Applying the Heritage Overlay”. The Study recommended that these places be included in the Planning Scheme under a Heritage Overlay.
The Amendment is required to implement the findings of the Rural Ararat Heritage Study March 2016. The Heritage Overlay is the tool in the Planning Scheme which formally recognises places that have been assessed as significant. The purpose of the Heritage Overlay is to conserve and enhance places of natural or cultural significance and ensure that development does not adversely affect the significance of heritage places.
The Amendment will add individual places and three precincts to the Heritage Overlay and incorporate the Heritage Study and its policies in the planning scheme to assist owners and Council in making decisions about changes to these important places and features.
Inclusion of these places in the Heritage Overlay will ensure that identified heritage places are properly recognised and decision making frameworks are put in place to assist owners and Council to manage sympathetic change to these places.
How does the Amendment implement the objectives of planning in Victoria?
Section 4(1)(d) of the Planning and Environment Act 1987 states that one of the objectives of planning in Victoria is “to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural, historical or otherwise of special cultural value”. The Amendment implements this objective by including those places identified in the Rural Ararat Heritage Study March 2016 as having cultural heritage significance within the Heritage Overlay.
How does the Amendment address any environmental, social and economic effects?
The Amendment will have no adverse effects on the natural environment and will contribute to the richness and diversity of the built environment. The Amendment will have a positive effect on sites with significant historic, architectural, aesthetic, scientific and cultural values.
It is expected that the Amendment will have positive economic and social effects for the community by recognising and celebrating the cultural significance of particular places. The Burra Charter states that “significant places, sites and buildings help us understand the past; the enrich our life now and we expect them to be of value to future generations”. Heritage places within the municipality demonstrate important post-contact phases in the development of the region and in many cases
provide evidence of now-obsolete aspects of daily life. They are valuable and irreplaceable elements which can contribute to a sense of place for the local community and enrich the experience of visitors to the region.
While the Heritage Overlay imposes obligations to individual landowners by requiring a planning permit when changes are proposed to these places, the Overlay does not preclude development or alteration to a heritage place, nor does the Overlay require places to be restored. Rather, the overlay requires that future development or alterations are considered in the context of the potential impact on the significance and understanding of the place. It is also envisaged that the retention and restoration of heritage places will have a positive social and economic impact in terms of fostering tourism, township identity and liveability.
Does the Amendment address relevant bushfire risk?
There are no implications for bushfire risk as a result of the Amendment.
Does the Amendment comply with the requirements of any Minister’s Direction applicable to the Amendment?
The Amendment complies with the requirements of the Ministerial Direction on the Form and Content of Planning Schemes (section 7(5) of the Act).
The Amendment is not affected by any other Minister’s Directions under section 12(2)(a) of the Act.
How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy?
Clause 15.03-1 of the State Planning Policy Framework requires Councils to ensure the conservation of places of heritage significance. This is achieved by:
Identifying, assessing and documenting places of natural and cultural significance as a basis for their inclusion in the planning scheme.
Providing for the protection of natural heritage sites and man-made resources and the maintenance of ecological processes and biological diversity.
Providing for the consideration and enhancement of those places which are of aesthetic, archaeological, architectural, cultural, scientific or social significance, or otherwise of special cultural value.
The Amendment ensures that those places that have been identified in the Rural Ararat Heritage Study March 2016 are recognised and protected in the planning scheme and decisions about the future of these places consider any impacts on the significance of these places.
How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?
The Amendment is consistent with the objectives and strategies in the Local Planning Policy Framework under Clause 21.04-7 (Heritage).
The policy objective is to protect, conserve and enhance areas, features and sites of historic, aboriginal, natural and cultural significance. Strategies include identifying and protecting heritage places.
Does the Amendment make proper use of the Victoria Planning Provisions?
The Amendment is consistent with the format and the intent of the Victoria Planning Provisions. The Amendment correctly uses the Heritage Overlay as the tool to provide formal heritage recognition and protection for significant local places. The proposed changes to the Planning Scheme ordinance and the maps are consistent with the VPP Practice Note Applying the Heritage Overlay, July 2015.
For large complex sites, a curtilage around the heritage features has been proposed to include those features of significance and exclude the wider area. For sites on a standard allotment, generally the whole lot has been included.
Where specific trees contribute to the significance of a place, they have been listed in the Schedule to the Heritage Overlay. In addition, original fences and outbuildings noted in the Statement of Significance are also referenced in the Schedule.
The Amendment proposes to include reference to the Heritage Study in the Local Planning Policy Framework at Clause 21.04-7 and makes the Heritage Study an Incorporated Document within the Planning Scheme, consistent with other heritage studies, so that applications are directly considered against the Statements of Significance for the respective place.
How does the Amendment address the views of any relevant agency?
Heritage Victoria was consulted during the preparation of the Rural Ararat Heritage Study March 2016 which has informed the recommendations being implemented through this Amendment.
Other agencies such as public land managers for sites included in this Amendment will be formally notified through the Planning Scheme Amendment process.
Does the Amendment address relevant requirements of the Transport Integration Act 2010?
The Amendment is not likely to have any significant impacts on the implementation of the Transport Integration Act 2010. A number of railway infrastructure sites are included in the Amendment. The listing of these places in the Heritage Overlay will not undermine the requirements of the Act but will require consideration of how these assets should be managed should future works be required to them.
Resource and administrative costs
What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? Presently there are 136 places listed in the Heritage Overlay in the Ararat Planning Scheme. Since 2010 Council has received between 7 to 17 applications per year. It is expected the Amendment may result in additional permit applications of a similar number which is able to be processed within Council’s existing resources.
The protection of these places will reduce the potential for requests for Ministerial Amendments (through Section 29(B) of the Building Act 1993) and the Heritage Overlay will provide increased certainty for land holders and Council as well as improved and easy access to information by landowners and the community.
Where you may inspect this Amendment
The Amendment is available for public inspection, free of charge, during office hours at the following places:
Rural City of Ararat Municipal Offices, Cnr Vincent and High Streets, Ararat
Willaura Post Office, 84 Main Street, Willaura
The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.
Submissions
Any person who may be affected by the Amendment may make a submission to the planning authority. Submissions about the Amendment must be received by Monday 28 May 2018.
A submission must be sent to: Mr Joel Hastings Acting Executive Manager Planning and Health Ararat Rural City Council GPO Box 246 Ararat Victoria 3377 Or [email protected]
Panel hearing dates
In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing dates have been set for this amendment:
directions hearing: In the week commencing 19 August 2018
panel hearing: In the week commencing 16 September 2018
ATTACHMENT 1 - Mapping reference table
Location Land /Area Affected Mapping Reference Buangor Buangor Railway Station and Railway House, Railway Reserve Map 21HO (HO137) Buangor Road and 19 Buangor Road, Buangor Buangor Former Buangor Public Hall, 52 Main Street (part), Buangor Map 21HO (HO138) Buangor Yerabin Farm Homestead and Canary Island Palms, 388 Map 20HO (HO139) Yerrabin Road, Buangor Buangor ‘Buangor Park’ Farm Complex, 25 Dip Road, Buangor Map 21HO (HO140) Buangor Bluestone Ford over Charleycombe Creek, Dip Road, Buangor Map 21HO (HO141) Buangor Buangor Store Complex, 19 Main Street, Buangor Map 21HO (HO142) Buangor Çhallicum South’ Farm Complex and Cypress Tree Avenue, 199 Map 20HO (HO143) Webbs Road, (Bally Rogan) Buangor Buangor Avenue of Honour, Western Highway, Buangor Map 20HO/21HO (HO144) Cathcart Road Bridge over Denicull Creek, Denicull Creek-Moyston Road, Map 5HO (HO145) Cathcart Cathcart Cathcart Cemetery, Phillips Flat Road, Cathcart Map 18HO (HO146)
Cathcart Callemondah Farm Complex and Cypress Trees, 327 Tatyoon Map 19HO (HO147) North Road, Dobie
Cathcart ‘Kooringa’Farm Complex, 342 Tatyoon North Road, Dobie Map 19HO (HO148)
Elmhurst Church of St Mark Anglican and Uniting Church, Bell, Memorial Map 15HO (HO149) Gates and Trees, 20 Green Street (part), Elmhurst
Elmhurst Tree Avenues, High Street, Elmhurst Map 15HO (HO150)
Elmhurst Elmhurst Mechanics Institute, 34 High Street, Elmhurst Map15HO (HO151)
Elmhurst Elmhurst Store, Residence, Outbuildings and Oak Tree, 66 High Map 15HO (HO152) Street, Elmhurst
Elmhurst Former CBC Bank and Residence, 71 High Street, Elmhurst Map 15HO (HO153)
Elmhurst J. Strain Butcher Store, 76 High Street, Elmhurst Map 15HO (HO154)
Lake Bolac Fintry Farm Outbuildings Complex, 1480 & 1554 Back Bolac Map 29HO (HO155) Road, Lake Bolac
Lake Bolac Former Lake Bolac Station, 1979 Glenelg Highway, Lake Bolac Map 29HO (HO156)
Lake Bolac Lake Bolac General Store, Bulk Store and Pepper trees, 2124 Map 31HO (HO157) Glenelg Highway, Lake Bolac
Lake Bolac Lake Bolac Hotel, Stables and Elm tree, 2127 Glenelg Highway Map 31HO (HO158) (part), Lake Bolac
Lake Bolac Bluestone residence, 2151 Glenelg Highway, Lake Bolac Map 31HO (HO159)
Lake Bolac Scots Uniting Church, Sunday School Hall, Fence, Gate and Map 31HO (HO160) Stone Pine, 139 Montgomery Street, Lake Bolac
Lake Bolac Bluestone Residence, 149 Montgomery Street, Lake Bolac Map 31HO (HO161)
Lake Bolac Bluestone Residence, Stables and Blacksmith, 161 Montgomery Map 31HO (HO162) Street, Lake Bolac
Location Land /Area Affected Mapping Reference
Lake Bolac Lake Bolac Memorial Hall, War Memorials and Pepper Trees. Map 31HO (HO163) 172 Montgomery Street, Lake Bolac
Lake Bolac Bluestone Residence, 199 Montgomery Street, Lake Bolac Map 31HO (HO164)
Lake Bolac Former Lake Bolac State School No. 854, Teachers Residence, Map 31HO (HO165) and Currajong and Pepper Trees, 205-211 Montgomery Street, Lake Bolac
Lake Bolac Former Lake Bolac Flax Mill Remains and Former Flax Mill Map 31HO (HO166) Shed, 97 South Beach Road (part), Lake Bolac
Maroona Avenue of Honour, Mortlake-Ararat Road, Maroona Map 18HO (HO167)
Maroona Maroona Railway Complex Railway Reserve Mortlake-Ararat Map 18HO (HO168) Road, Maroona
Maroona Former Maroona Railway Station Masters House, 7344 Mortlake- Map 18HO (HO169) Ararat Road, Maroona
Mininera Former Mininera Post Office, Store and Associated Residence, Map 26HO (HO170) 1-5 George Street, Mininera
Mininera Mininera Railway Complex, 17 George Street (west of railway Map 26HO (HO171) line)
Mount Cole Mount Cole Reservoir, Reservoir Road, Mount Cole and Map14HO (HO172) Reservoir Track, Warrak
Moyston Avenue of Honour, Ararat-Halls Gap Road, Moyston Map 4HO (HO173)
Moyston Moyston Hall and War Memorial, 12 Brooke Street, Moyston Map 4HO (HO174)
Moyston Residence and Former Store, 18 Brooke Street, Moyston Map 4HO (HO175)
Moyston Stonehurst Farmhouse, 19 Decker Road, Moyston Map 4HO (HO176)
Moyston Moyston Cemetery, Cemetery Road, Moyston Map 4HO (HO177)
Moyston Moyston Christ Church and Pines, 14 Moyston-Dunkeld Road, Map 4HO (HO178) Moyston
Moyston Barton Station Shearing Shed, 531 Moyston-Dunkeld Road, Map 17HO (HO179) Moyston
Moyston Former Moyston Reservoir, Old Moyston Reservoir Road, Map 4HO (HO180) Moyston
Moyston Former Moyston Presbyterian Church, 37 Campbells Reef Road, Map 4HO (HO181) Moyston
Moyston Stone outbuildings, 864 Rocky Point Road, Moyston Map 4HO (HO182)
Nerrin Mount Hamilton Farm Outbuildings Complex, 2570 Woorndo- Map 32HO (HO183) Nerrin Streatham Road, Nerrin Nerrin
Nerrin Former Nerrin Nerrin Public Hall, 2442 Woorndoo-Streatham Map 32 (HO184) Nerrin Road, Nerrin Nerrin
Norval Springfield Hill Farm Complex and Hedge, 172 Rhymney Road, Map 5HO (HO185) Norval
Norval Dares Culvert over unnamed Creek, Salvation Gully Road (over Map 5HO (HO186) unnamed creek), Norval
Norval Spring Lead Cemetery, Spring Lead Road, Norval Map 5HO (HO187)
Location Land /Area Affected Mapping Reference
Pomonal St Days Residence, 3285 Ararat-Halls Gap Road, Pomonal Map 2HO (HO188)
Pomonal Fernside Residence, 222 Cherry Tree Road (part), Pomonal Map 1HO (HO189)
Pomonal Tobacco Kiln, 163 Springwood Hill Road, Pomonal Map 1HO (HO190)
Pomonal Tobacco Kiln, 3444 Ararat-Halls Gap Road, Pomonal Map 2HO (HO191)
Pomonal Adair Residence, 220 Cherry Tree Road, Pomonal Map 1HO (HO192)
Pomonal Tunnel and Pumphouse Remains, Stawell Water Supply System, Map 1HO (HO193) Birdrock Road, Pomonal
Pomonal Oak Trees, 639 Tunnel Road, Pomonal Map 1HO (HO194)
Pura Pura Pura Pura Public Hall, 2171 Darlington-Carranballac Road, Pura Map 34HO (HO195) Pura
Rhymney Stone Wine Cellar, 857 Moyston-Great Western Road, Rhymney Map 5HO (HO197)
Rhymney Brick Farmhouse and Canary Island Palm, Pentland Creek Map 5HO (HO198) Road, Rhymney
Rhymney Stone Residence, 149 Pentlands Creek Road, Rhymney Map 5HO (HO199)
Rhymney Brick Farmhouse and Hedge, 69 Pentland Road, Rhymney Map 5HO (HO200)
Rocky Point Rocky Point Hall and Pines, 730 Moyston-Rocky Point Road, Map 18HO (HO201) Rocky Point Rossbridge Former Inn and Pines, 6869 Mortlake Road, Rossbridge Map 18HO (HO202) Streatham Streatham Memorial Hall, 30 Campbell Street, Streatham Map 35HO (HO203) Streatham Former Streatham State School No. 844 Teachers Residence, Map 35HO (HO204) 31 Campbell Street, Streatham Streatham St Columbas Catholic Memorial Church, 50 Campbell Street, Map 35HO (HO205) Streatham
Tatyoon Bowmont Farm Complex and Canary Island Palms, 1331 Map 19HO (HO206) Helendoite Road, Tatyoon
Tatyoon Yeronga Residence, Garage and Trees, 900 Helendoite Road Map 19HO (HO207) (part), Tatyoon
Tatyoon Avenue of Honour, Tatyoon Road, Tatyoon Map 26HO (HO208)
Tatyoon Tatyoon Railway Station Complex, Tatyoon Road, Tatyoon Map 26HO (HO209)
Tatyoon Water Tank, Travellers Rest Reserve on Fiery Creek, Mt William Map 26HO (HO210) Road, Tatyoon
Tatyoon Tatyoon Hall, 2712 Tatyoon Road, Tatyoon Map 26HO (HO211)
Tatyoon Water Tower, 2739 Tatyoon Road, Tatyoon Map 26HO (HO212)
Warrak Warrak Recreation Reserve, 1245 Buangor-Ben Nevis Road, Map 13HO (HO213) Warrack
Warrak Warrak Hall and War Memorial, 1673 Buangor-Ben Nevis Road, Map 13HO (HO214) Warrak
Warrak Warrak Uniting Church and Cypress, 1688 Buangor-Ben Nevis Map 13HO (HO215) Road, Warrak
Warrak Former Warrak State School No. 834 and Former Tatyoon State Map 13HO (HO216) School No. 1812, 1663 Warrak Road, Warrak
Location Land /Area Affected Mapping Reference
Warrak Langi Ghiran Reservoir, Reservoir Track, Warrak Map 12HO/14HO (HO217)
Westmere Westmere Hall, War Memorial and Gates, 914 Glenelg Highway, Map 33HO (HO218) Westmere
Westmere St Johns Anglican Church, 916 Glenelg Highway, Westmere Map 33HO (HO219)
Westmere Westmere Railway Station Complex, Holdsworth Lane, Map 33HO (HO220) Westmere
Westmere Former Westmere State School No. 3833 and Teachers Map 33HO (HO221) Residence, 18-28 School Road, Westmere
Westmere Former St Andrews Presbyterian Church, Sunday School Hall, Map 33HO (HO222) Fence and Pines, 38 School Road, Westmere Wickcliffe Cast Iron Milepost, Chatsworth-Wickcliffe Road, Wickcliffe Map 29HO (HO223) Wickcliffe Berrambool Farm Complex, 1009 Chatsworth-Wickcliffe Road, Map 28HO (HO224) Wickcliffe Wickcliffe Residence, 27 Johnstone Street, Wickcliffe Map 30HO (HO225) Wickcliffe Bluestone Bridge Remains over Hopkins River, Glenelg Map 30HO (HO226) Highway, Wickcliffe Wickcliffe Western Hotel and Bluestone Stables, 62 Walker Street, Map 30HO (HO227) Wickcliffe Wickcliffe Residence, 18 Walker Street, Wickcliffe Map 30HO (HO228) Wickcliffe Former Store, 34 Walker Street, Wickcliffe Map 30HO (HO229) Willaura St Patricks Catholic Church, 24-26 Ayrey Street, Willaura Map 25HO (HO230) Willaura Wongalee Residence, Pines and Canary Island Palm, 334 Back Map 24HO (HO231) Bolac Road, Willaura Willaura Edgarley Bridge over Hopkins River, 724 Delacombe Way, Map 24HO (HO232) Willaura Willaura Agricultural and Horticultural Show Pavilion and Oak Tree, 7 Map 25HO (HO233) Delacombe Way, Willaura Willaura Willaura District Hospital, Gates and Trees, 21 Delacombe Way, Map 25HO (HO234) Willaura Willaura Yooranalee Farm Complex and Oaks, 831 Edgarley Estate Map 24HO (HO235) Road, Willaura Willaura Willaura Memorial Hall, Main Street, Willaura Map 25HO (HO236) Willaura Willaura Post Office, 84 Main Street, Willaura Map 25HO (HO237) Willaura Former Bluestone Hotel, 718 Maroona-Glenthompson Road, Map 18HO (HO238) Willaura Willaura Willaura Uniting Church, 6 Warranooke Street, Willaura Map 25HO (HO239) Willaura Willaura Railway Station Complex, (49 Main Street) Wickcliffe- Map 25HO (HO240) Willaura Road, Willaura Willaura Willaura Anglican Church Heritage Precinct, 14-20 Delacombe Map 25HO (HO241) Way, Willaura Willaura Willaura Main Street Heritage Precinct, 96-110 Main Street, Map 25HO (HO242) Willaura Willaura Willaura Town Centre Heritage Precinct, 40-78 Main Street and Map 25HO (HO243) 49-65 Main Street, Willaura Yalla-Y- Former Yalla-Y-Poora State School No. 4756, 1922 Yalla-Y- Map 27HO (HO244) Poora Poora Road, Tatyoon