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Ararat Planning Scheme Amendment C39

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Ararat Planning Scheme Amendment C39 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
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