A $?uide To Statutorv. Planning lr: ~. ie Geelong Reg1on

Geelong Regional Planning Authority Sep. 1975

TOWN AND COUNTRY PLANNING BOARD ...... LIBRARY. 4247

A Guide To Statutory Planning In The Geelong Region

~ . Geelong . Regional Planning Authority Sep. 1975 '

PORT PHilLIP BAY

8ASS STRAIT

GEELONG REGIONAL PLANNING AUTHORITY AREA

0 8 16 Miles CONTENTS PAGE

., CHAPTER 1 INTRODUCTION 1.

CHAPTER 2 THE PLANNING PROCESS IN VICTORIA 2. 1 Respons.ible Authorities 3. 2.2 Interim Development Orders and Planning Schemes 3. 2.2.1 Interim Development Orders 4. 2.2.2 Planning Schemes . 5. 2.3 Town Planning Permits 6.

CHAPTER 3 AIMS OF THE GEELONG REGIONAL PLANNING SCHEME 3. 1 Introduction 8. 3.2 Environmental Planning 8. 3.3 Rural Planning 8. 3.4 Urban Planning 9. 3.5 General 10.

CHAPTER 4 PROVISIONS IN THE GEELONG REGIONAL PLANNING SCHEME 4.1 Planning Scheme Maps 11. 4.2 Planning Scheme Ordinance 12. 4. 2.1 Machinery and General Administration 12. 4.2.2 Zoning Land Use and Development Controls 12. 4.2.3 Reservations 17.

CHAPTER 5 ADMINISTRATION 5. 1 Implementational Procedure 19. 5.1. 1 Inspection of Deposited Planning Scheme 19. 5. 1.2 Lodgement of Objections 20. 5.1. 3 Issue of Town Planning Certificates 21. 5.1.4. Town Planning Applications 21. 5. 1. 5 Town Planning Appeals 22. 5.2 Amendments to the Deposited Planning Scheme 22 and.Interim Development Order ·

THE GEELONG REGIONAL PLANNING AUTHORITY 24. 1.

GUIDE TO STATUTORY PLANNING IN THE GEELONG REGION

1. INTRODUCTION

This booklet has been prepared by the Geelong Regional Planning AuthoritY to assist the public in understanding the objectives of the new Geelong Regional Planning Scheme; the basis of the provisions proposed; and the administrative procedures which are to be adopted in connection with its exhibition and immediate implementation. The Regional Authority has consulted closely with Councils constituting the Region in the drafting of the Scheme. This does not mean of course that concensus has been reached on all matters, and nor does it mean that the Authority is adamant that the proposals now placed before the publi.c for scrutiny and comment are to be steadfastly adhered to in the future. The stage in Planning Scheme preparation now reached is one where agreement has been given for the draft proposals to be publicly exhibited. All members of the community now have the opportunity to examine these proposals; determine the effect which they will have on. their interests; and comment or object as they see fit. · Unforseen anomalies, matters of disagreement in principle or failure of specific provisions to achieve their underlying objectives will no doubt emerge. These will be dealt with as expeditiously as possible, and opportunity will be given for personal representations to be made to the Authority by those persons affected or those who wish to make submissions. In addition to promoting the proper use of land by defining preferred land use types for specific zones, the new Scheme also provides a wide range of discretionary powers in relation to other uses, and development standards (i.e. conditions of use) which may be appropriate to particular areas. This will enable more flexible, and albeit, more positive planning control to be exercised within the Region. To enable the introduction of the new Planning Scheme proposals without further delay, the Regional Authority has made an Interim Development Order which incorporates the provisions of the Exhibited Planning Scheme. This Order has a similar effect to that of the Scheme, if it were approved, and through the process of Delegation, will allow the fullest opportunity" for local decision-making in the day-to-day planping process. 2.

To avoid conflicts in planning control and the resulting confusion and inconvenience caused by overlapping planning controls, steps have been taken to have the old Schemes and Orders within the Region revoked in favour of the new Interim Development Order. Upon revocation, the Authority will delegate all powers for the implementation of the Order to local Councils. 3.

2. THE PLANNING PROCESS IN VICTORIA

2.1 Responsible Authorities Town Planning control within the State, and in the Geelong Region is made possible by the provisions of the Town and Country Planning Act 1961. The Act allows municipal Co~ncils to become "Responsible Authorities" for the purpose of preparing and implementing schemes and all of the municipalities within the Region have, for some years, undertaken planning control within their own areas. However, the Town and Country Planning Act was amended in 1968 to provide for the establishment of permanent Regional Planning Authorities.· These Authorities, to be financed on a shared basis by municipalities affected, and made up of Councillor representatives from the constituent municipalities, were empowered to prepare and implement Planning Schemes. Power was also given for a Regional Authority to delegate to Councils within the Regional Planning area any of its powers and · responsibilities for the preparation and implementation of regional planning scheme ·proposals. The Geelong Regional Planning Authority was therefore formed in 1969, having a Planning Area which encompassed not only the Geelong urban district, but also its rural hinterland comprised of the whole of the Shires of Corio, Bannockburn, Barrabool, Bellarine, the City of South Barwon, and the Borough of Queenscl iffe. The Authority immediately commenced studies on land use capabilities, transportation needs, and areas of varying environmental sensitivity within the Region. More recently the Authority has undertaken the preparation of the Geelong Regional Planning Scheme, which is now placed on public exhibition.

2.2 Interim Development Orders and Planning Schemes Urban and regional planning is concerned with the widest range of social, economic, environmental and land use planning questions. Many of these can be answered by the Planning Authority in community involvement and by direct representation to various levels of Government. Other planning questions however, can only be answered by use of the regulatory process of Law. Interim Development Orders and Planning Schemes fall into this latter category. Even though they are capable of achieving social and economic objectives, they are normally expressed as land use and development prescriptions, and 4.

are in the form of zoning plans and ordinances. These controls, in addition to regulating land use and development, have the advantage of affording individual property owners a significant increase of protection against the establishment of inappropriate uses or developments near by.

2.2.1 Interim Development Orders· Experience has shown that most Planning Schemes are initiated to solve problems which are already in evidence, and as the period required for Planning Scheme preparation can span over a period of years, interim control is often necessary. This can prevent the worst kinds of speculative abuses of land, encourage the future use and development of lan'd in an orderly manner, and provide a means whereby new planning te·chniques can be evaluated before being incorporated into the final Scheme. .The Act therefore provides for Responsible Authorities to make Interim Development Orders following their Resolution to commence the preparation of a Planning Scheme. · These Orders do not have to be placed on public exhibition prior to their introduction, and have effect immediately upon being approved by the Governor-in-Council and published in the · Government Gazette. An Interim Development Order can take one of two basic forms, namely: (a) A simple statement to the effect that all use and development of land must conform to a Permit granted by the Responsible Authority (i.e. the 11 Blanket 11 type}. (b) A comprehensive series of controls represented by plans and an ordinance, which prescribe specific zones, reserves, land use and development controls.

The latter cas~ is in fact in the general form of a Planning Scheme and is usually introducted following the public exhibition of a proposed scheme." The Inte.rim Development Order now made by the Geelong Regional Planning Authority is, in effect,in the form of a complete Scheme, and incor­ porates the entire provisions of the Geelong Regional Planning Scheme now on .public exhibition. Therefore land use and development proposals notin conformity to the new Geelong Regional Interim Development Order cannot be permitted by the Res pons i b1 e Authority and neither can · they be referred to the Town ·planning Appea 1s Tribuna 1 for determination. 5.

Flexibility does exist however for Orders to be easily amended, and the Regional Authority intends to make full use of this facility to update the new Regional Interim Development Order in the light of objections lodged to the Exhibited Planning Scheme and of other planning studies which are being carried out as an on-going function of the Authority.

2.2.2 Planning Schemes Planning Schemes are usually in the form of a Map and Ordinance and similar to that of the more complex types of Interim Development Order described above. The provisions of Schemes have the force of Law and Responsible Authorities are unable to permit any proposals which are specifically prohibited under the Scheme. Again, where discretionary powers are · established and permits are required for specific land use and development proposals, Responsible Authorities may adopt policies as a guide. As in the case of Interim Development Orders however, all decisions takenin accordance with adopted policies are still open to Appeal. Local flats codes are normally embodied in policies of this type, and as in the manner of the past, extensive rel nee will be placed on policy-making under the new Geelong Regional Planning Scheme. The procedure laid down for gaining approval to a Planning Scheme is prolonged and time-consuming.· It does however provide important safeguards for public evaluation of the proposals, and independent assessment (both of the proposals and objections lodged by the public) by the Town and Country Planning Board and the Minister for Planning. It will be seen therefore that full protection is given to the individual against the arbitrary dismissal of his objection. · Following the public exhibition period (at least three months) all objections and comments must be considered, with all objectors being given the right to be heard by the Authority. The draft Scheme is amended to incorporate objections and comments which are agreed to by the Authority. The amended draft of the Scheme is then adopted and~ together with copies of all objections and reports thereon, is submitted to the Minister for approval. The Minister in turn seeks a detailed report from his advisers, the Town and Country Planning Board. Should the adopted Scheme be substantially amended from the form in which it was originally exhibited, then the Minister can direct tnat the amended provisions be placed on public 6.

exhibition for a further period. Finally, the Minister may recommend that the Scheme be approved by the Governor-in­ Council. Subsequent amendments to an Approved Scheme are also required to be dealt with in the above manner. In the case of the Geelong Regional Planning Scheme, all objections and comments should be lodged with the Geelong Regional Planning Authority.

2.3 Town Planning Permits Wherever provision is made in a Scheme or .Order for approval to be obtained for a land use or development proposal, an Application should be lodged w.ith the Responsible Authority. In the event of a delegation of powers of implementation by the Regional Authority, all Applications made with respect to the new Geelong Regional Interim Development· Order should be lodged with the municipal Council concerned. In any instance where delegation has not been executed, Applications should be lodged with the Regional Authority,which in this context remains the Responsible Authority. The following procedure then applies: I (a) The Responsible Authority may determine to grant or refuse to grant a permit. . A period of two months is given for the Authority to arrive at its decision. If a permit is refused, .the applicant has the right of appeal to the Town Planning Appeals Tribunal. (b) If the Responsible Authority considers that the grant of a permit may cause substantial detriment to another person, then it shall require the Application to be advertised and adjoining owners notified (at the applicants expense). Persons aggrieved by the proposal have 14 days in which to lodge an objection. (c) The Responsible Authority must consider all objections, and if it approves. of the proposal, issue a "Notice of Determination" to all parti.es concerned. Objectors _have the right of appeal to the Tribunal (within 21 days). If the Responsible Authority refuses to grant a Permit the applicant may lodge an. appeal within two months of the date of notification. 7.

(d) Where no appeal is lodged in response to the issue of a "Notice of Determination" to grant a Permit then, the Responsible Authority shall issue a formal Permit after seven days from the date of closure of the period in which appeals can be lodged. (e) Following the hearing of an appeal, the Tribunal will direct the Responsible Authority to either grant or refuse to grant a Permit. 8.

3. AIMS OF THE GEELONG REGIONAL PLANNING SCHEME

3.1 Introduction· ·As -previously-mentioned, the.Geelong Region has had an inconsistent or fragmented statutory planning base for many years. The various Approved Schemes and Interim Development Orders .have been administered~by indivi~ual Councils and, through no fault of any.individual Council, have not been able to give full regard to overall Regional planning objectives. Since its formation in 1969, the Regional Authority has under­ taken broadly-based studies into rural and urban planning needs, and with the concurrence and assistance of Councils has undertaken the preparation of the Geelong Regional Planning Scheme. In the course of preparation, existing Schemes and Orders have been reviewed so as to assess their validity and to provide the basis for a maximum degree of flexibility in the achievement of both regional and local Planning objectives in the new Scheme. · The Scheme, it is hoped, will establish consistent planning practice throughout the region; allow for the realisati·on of land use and development opportunities in their most appropriate locations; provide co-ordinated procedure for future urban growth, redevelopment, and rehabilitation; and provide a means for the Statutory promulgation and public evaluation of any future Growth Centre proposals for the Region.

3.2 Environmental Planning A unique feature of the Scheme is its new measures which allow proper regard to be given to environmental planning objectives (both urban and rural). Provision is also made for the conservation and enhancement of historic buildings and sites, and of areas or features considered to be of special significance, scientific interest or importance.

3.3 Rural Planning Initial studies into land use capabilities (the first ever undertaken for planning purposes) within the Rural areas of the Regio·n, have been used as a basis for new zoning measures in the Scheme. These proposals are similar in nature to those of the Rural Area Planning Policy adopted by the Authority in 1974 and effectively implemented since that time. While based on data of a somewhat generalised nature, the Rural Planning proposal will make significant progress towards assisting the

., 9.·

continuance of appropriate forms of rural and agricultural land use, and provide opportunities for the establishment of properly located and conveniently-serviced rural residential communities. These measures should significantly assist in the long-term stabilisation of land prices; remove undesirable speculative pressures in the land market; and help overcome some of the financial strains now being experienced in the agricultural economy. The rural planning proposals mark the major difference to planning controls previously implemented in the Region, and while considerable effort has been taken to overcome serious cases of personal hardship, they will however bring with them some changes to existing opportunities for land development. The Authority has formed the view that these proposals should be· put before the public to enable an assessment to be made of their validity both in terms of achieving long-term and short term planning objectives, and of the degree of personal hardship which they may cause before any.final decisions are made on their adoption. Further detailed studies on rural planning are currently being undertaken so as to assist in the early assessment of any objections which may be lodged in respect of the Exhibited Planning Scheme: if appropriate, early amendments will be made to the draft Scheme before its adoption and submittal for approval, and also to the Geelong Regional Interim Development Order now in operation.

3.4 Urban Planning Although a different range of zone types has been introduced for the urban areas of the Region, the policy has been to consolidate existing land use planning objectives {particularly in the Geelong urban area itself) and undertake a transposition from the old Schemes to the new. For those rural and coastal towns where no clearly defined planning strategies have existed, the objective has been to rationalise established land use characteristics. The new Scheme will provide a basic frame work within which any new urban expansion policies might be introduced albeit in an orderly manner, as the needs of these become apparent and studies.are undertaken to assess the most appropriate procedure for their introduction. One particularly important feature of the Scheme is the introduction of new Residential Planning Standards. 10.

Rather than to introduce basic rigid siting requirements and zones throughout the Region, a Schedule is included within the-Ordinance from which Councils, in consultation with the Regional Authority, may develop·special policies appropriate to individual local areas. While retaining the necessary· flexibility to have regard, for example, to problems ranging from those of small sites in the inner areas, to those of comprehensive developments in newly developing areas, this procedure allows for common criteria for assessment and standards of performance to be adhered to. Other Provisions in the Scheme include restrictions on the emission of noise· from industrial uses, and from other uses which may be permitted in residential Zones (such-as hotels and reception rooms). For those industries likely to be . incompatible with the surroundings, an environmental impact statement w.ill have to be prepared before .they can be permitted. A-wide range of siting and landscaping requirements are .included in the Scheme to enhance non-residential-environments within the Region. In summary therefore the introduction of the new Planning Scheme has been seen as an opportunity to consolidate and upgrade the planning base of the Region, rather than~ at this stage, to make longer term provisions for urban expansion. Any subsequent expansion proposals will be introduced within the frame-work of the new Scheme as community needs emerge.

3. 5 General The whole Scheme has been drafted so as to allow a wide range of discretionary power for local Councils to be integrated with a broader policy making function for the Geelong Regional Planning Authority. The procedure adopted is unique to Victoria and seeks to introduce a truly two-tiered planning system for the Region with all Authorities working together towards common planning objectives. In delegating all of its powers of imple­ mentation of the. Scheme to Councils, the Regional Authority has therefore required that its.agreement should also be obtained in matters involving more detailed forward planning by means of outline deve.lopment plans, policies and standards of regional importance. The Authority wishes to stress however that its involvement in this joint decision-making process will be restricted to matters which are clearly of regional concern such as the provision of trunk services; broad strategies for population distribution and employment oppdrtunities; the pr0vision of major community facilities and services for shopping, business, education, recreation and other cultural activities; and of course o.n matters of major transport and communication services within and from the Region. 11.

4. PROVISIONS OF THE GEELONG REGIONAL PLANNING SCHEME

NOTE: -The following explanation is not to be taken as a substitute to the Planning Scheme as deposited for exhibition, nor of the Geelong Regional Interim Development Order. Reference must always be made to the Scheme, the Order, and any other related documents, and for the purposes. of legal interpretation, these only should be considered.

The Scheme is comprised of two parts:­ (a) Planning Scheme Maps. (b) Planning Scheme Ordinance.

4.1 Planning Scheme Maps The Maps, totalling 59 sheets in all, are drawn at two different scales:

11 (a) 1:10,000 (approx. 800' = 1 ) for urban areas, and rural areas involving complex zoning proposals;

11 (b) 1:25,000 (approx. 2000' = 1 ) for the remaining rural areas of the Region .. The maps show zones in which the use and development of privately-owned land is restricted, regulated, or prohibited for particular purposes, and reservations in which publicly-owned land or land proposed to be purchased for public ownership is to be used for public.purposes such as open space, for the purposes of specified public bodies, or for roads and other transportation purposes. In addition certain special Orders which impose additional land use and. development controls are superimposed over the basic zoning proposals. The nature of the zones anq special Orders, and the purpose of the reservations can be ascertained by reference to the legend which appears on each individual Map. To assist in the identification of particular localities with respect to the relevant map sheets, a small-scale Key map of the Region is a 1so inc 1uded' in the map series. 12.

4.2 Planning Scheme Ordinance The Ordinance is divided into three basic sections, namely:­ Machinery Cla.uses and general administration. Zoning, land use and development controls. Reservation prescriptions.

4.2. 1 Machinery and General Administration This section contains definitions of land use types and other terms which require specific interpretation for the purposes of the Scheme. lt also contains a number of 11 machinery .. clauses which determine the legal effect of the Scheme and the basic powers, duties and obligations of Responsible Authorities in implementing the Scheme ..

4.2.2 Zoning, Land Use and Development Contrrils· This section, which comprises the bulk of the Ordinance, sets down detailed r·equirements governing the use and development of private land. · (a) Zones Twenty-four different zones have been included to provide for the wide·range of urban and rural activities carried on throughout the Region. Although many of the zones are.similar to those previously contained in local Sche~es within the Region administered by Councils; other~ have been included to make more detailed provision for specific land use needs·and characteristics which have been identified as a result of more recent research programmes undertaken by the Regional Authority. ' 1. Rural (General Farming) for those areas in which a continuation of general agricultural activities is to be encouraged and where large individual land holdings ~hould be maintained. (Minimum subdivisional size is 75 hectares.) 2. Rural Intensive Fannin·) - for those areas of high agr1cu tura capa 1 1ty which ·are suitable for horticulture, and where the establishment of smaller land holdings is justified. (Minimum subdivisional size is 20 hectares.) 13.

3. Rural .(Conservation) for areas having special qualities of landscape, habitat, scientific value or rural environment where rigid controls over development are to be imposed and with minor exception, future land subdivision prohibited. 4. Rural (Landscape) . for areas having similar but less sensitive characteristics to those in the Rural (Conservation) zone, and where land subdivision should be permitted. (Minimum subdivisional size 10 hectares.) 5. Rural (Future Urban) for areas in which urban development may occur in the future, and where stringent short-term development control is necessary to avoid the erosion of longer-term development opportunities. (Minimum subdivisional size 50 hectares.) 6. Rural (Residential) for areas which are suitable for the establishment of semi-rural living areas. Variation in allotment. sizes to be encouraged. (Average subdivisional size 1.75 hectares.)

7. Rural ~Streamside Foreshore and Floodland) - for areas 1n the vicinity of streams, lakes and waterways, some of which are subject to-flooding. Stringent development controls, and no land subdivision permitted. ·

11 11 8. Residential A - a general residential zone within which particular residential development strategies are to be implemented by means of local sub-zoning policies~

9. Residential 11 811 for areas close to the centre of Geelong in wh1ch higher density m1xed commercial and residential development is appropriate.

10. ·Residential 11 C11 for areas on urban fringes having particular environmental characteristics or where servicing difficulties may exist and low density development is appropriate. (Average subdivisional size 0.4 hectares.) 11. Reserved Residential for areas which are suitable for general residential development but where subdivision should be in accordance with an outline development plan and the availability of basic trunk services. 14.

· 12. Township - for existi.ng·.small towns or villages and where the slow rate of change warrants wide discretionary powers as to future use and development. l3. Resort - for areas in which comprehensive tourist deve 1opmenls for camping :areas, motels and rent a 1 flats. are appropriate.

14. Cent~al:Bu~iness - for·the central reta~l and business and cultural area of Geelong in which development should accord with·a strategy plan adopted by the Council and the Regional Authority.

Distri~t Business for major neighbourhood, town, and suburban shopping centres in'which a mixture of retail, corrmercial and service activities is appropriate. 16. Local Business - for smaller shopping centres within the Region. 17. Commercial (Office) · - . for areas· on the fringe of major business centres in which office and commercial development is appropriate.

18. Service·Busine~s ·- ·for areas in which service industrial and·commercial sales uses are appropriate. 19. Industrial "A" for areas in which light industrial uses are appropriate (i.e. uses capable of meetin~ specified environmental and performance standards). 20. · Industrial "B". for areas.in which general heavy; and noxious industries are appropriate. 21. Special Industrial for industries which are of a special character and which require the adoption of specific planning and performance standards. 22. Reserved Industrial ·- for areas which are suitable for general or light iridustrial use but where subdivision and development should be in accordance with an outline development plan and the availability of basic trunk services. 23. Extractive Industrial for areas containing p.roven mineral deposits and where all extractive processes should be in accordance with an overall plan. 15.

24. Special Uses - for areas in private ownership which are used for specified recreati~nal religious or educational purposes. Certain of the above zones involve planning matters of Regional concern, and require detailed forward planning by means of an outline development plan which has been jointly agreed to by the Regional Authority and the local Council concerned. These are the Reserved Residential, Resort, Central Business, District Business, Special Industrial, Reserved Industrial, Extractive Industriar Zones; and the Residential 11 A11 and 11 B11 Zones in so far as they relate to broad strategies for the distribution of population within the Region.

(b) Non-Conforming Uses ·:I Similar to other Schemes which have operated in ... the Region, a range of provisions dealing with non-conforming uses are included. In essence, these provisions allow for th~ continuance of uses which were conducted lawfully prior to the introduction of the Scheme, but which fail to comply with the new Planning Scheme requirements. These provisions also allow for non-conforming uses to be expanded, changed, or temporarily discontinued. (c) Conditions for Specified Land Uses . ·, \ .~~ In addition to the requirements for particular Zones; there is a series of provisions which specify conditions under which certain uses may be established. These provisions generally deal with siting, location and general performance standards; and often require the Responsible Authority to exercise its discretion in fixing standards to suit particular circumstances. (d) Special Controls In addition to the basic Zoning measures already described, there are a series of 11 blanket 11 orders which are superimposed over Planning Scheme Zones and Reserves to protect buildings, sites or features of conservation importance; or to prevent indiscriminate development from taking place in areas likely to be affected by future freeways.

The prin~iples of these special orders are as follows: 16.

( i ) Historic Buildings, Sites, etc. these are to be protected and where possible their rehabilitation encouraged. The Second Schedule to the Ordinance gives the description and location for each building or site referred to on the Maps, and the Number (if applicable) in the Historic Bu-ildings Register made unde~ the Historic Buildings Act 1974. Preservation Order Areas - for those areas in which features (buildings,- objects, natural features and ·flora): of extreme conservation importance exist, and where such features should be preserved and enhanced. (iii) Areas of Special Significan-ce - for-those areas which are environmentally sensitive, and where development and land use changes should be sympathetic to the established characteristics of the general locality.

( i v) Tra~sportation Corridor Areas ~ areas which · may be affected by future freeways and wh·ere comment from relevant transportation ·authorities is re'qui red before development can··be ·permitted.

(e) ·Residential Planning Standards

Responsible Authorities (.Councils u~der delegated powers) are required to adopt codes for the control of.residential development within their local areas. These codes will provide a basis for the determination of planning applications for flats, auxilliary dwellings and, where appropriate, houses. The First Schedule to the Ordinance sets down a range of residential criteria or· principles, and basic standards· which would be capable of achieving these criteria in average situations. Should circumstances require however, the standards may be varied to make them more or less stringent, or other standards may be adopted to suit patticular site limitations - provided that the basic criteria are met. Provision is made for the Residential 11 A11 Zone to be further subdivided into Sub-Zones based on a range - of density objectives. These Sub-Zones should assist in providing a wider choice of available accommodation types, in both the inner and outer urban areas. In 17.

addition they should afford protection to residential areas of established character from the intrusion of incompatible developments. The Regional Authority is required to be consulted in the adoption of local codes.

(f) Car Parking and Vehicle Access Detailed standards for the design and layout of off-street car parking areas are included in the Scheme. Minimum car parking requirements are also laid down for a wide range of land use types. Where particular site limitations would prevent the satisfaction of these requirements, or where alternative, provision is to be made for car parking on a different site, the. Responsible Authority is empowered to reduce the minimum standard. Alternatively the Authority may accept cash payment in lieu of the provision of car parking so that it may establish a fund to provide more efficient and compr~hensively planned off-street car parks for the benefit of property owners who have contributed to that fund. ·

4.2.3 Reservations Reservations in the Scheme include lands owned or intended to be purchased by public authorities for specified public purposes. There are four basic types of reservations:· 1. _Public Open Space - land to be used for varioui types of active and passive recreation. With the exception of State Forests managed by the Forests Commission these Reserves are not intended to be used for commercial purposes. 2. Public Purposes - lands set aside and used by specified .public authorities for their own purposes. 3. Roads - all major roads in the Region are included within a Planning Scheme Reservation in order that regard is given to their proper function by adjacent land uses - particularly with respect to access. Privately­ owned land which is proposed to be purchased for road widenings are separately designated. 18.

4. Railways - all land·owned by the Victorian Railways Department is included in a Special Reservation. The standards of development on all reserved land are expected to meet with those requirements of the Scheme which would have applied if similar developments had been undertaken by the private sector on freehold land.

I I I. 19.

5. ADMINISTRATION

The principle objective of the new Planning Scheme and Interim Development Order has been to replace existing fragmented planning controls in the Region with a single statutory instrument, and provide a basis for co-ordinated local and regional planning. The opportunity now exists for the duplicity of separate local and regional planning schemes to be done away with - a feature common to other regions in the state which leads to the frustration of orderly planning, serious public confusion, and excessive administrative costs. Because the new Regional Planning Scheme and Interim Development Order will allow for total involvement in the planning process by local Councils under delegated powers the Authority has urged the Councils to request revokation of their existing Planning Schemes and/or Interim Development Orders by the Governor-in~council: to have effect as from the commencement date of the new Interim Development Order and execution of the Instruments of Delegation. Because conflicts of interest could arise should a Council attempt the implementation of both its existing local Schemes and/or Orders and the new Regional Scheme, the Authority has resolved that Instruments of Delegation to Councils should not be executed until such time as the Revocation of individual Schemes and/or Orders has been effected. This however, is a situation which the Authority is anxious to avoid and every effort has been made to ensure that the necessary statutory arrangements are made in an orderly and co-ordinated manner.

5.1 Implementation Procedure When the new Planning Scheme is placed on public exhibition, the Interim Development Order made, existing Schemes and/or Orders Revoked, and Instruments of Delegation executed to individual Councils, the following administrative arrangements will apply:

5.1.1 Inspection of Deposited Planning Scheme The Deposited Scheme, together with any Amendments or Mod­ ifications which may subsequently be made will be available for inspection at:- 20.

(a) The offices of the Geelong Regional Planning Authority, 117 Myers Street, Geelong. (b) The offices of the 1own and Country Planning Board, 235 Queen Street, Melbourne. (c) In so far as the Scheme affects land in each Municipality, at the municipal offices concerned, namely: (i) City of Geelong - Gheringhap Street, Geelong (ii} City of Geelong West - Pakington Street, Geelong West (iii) · City of Newtown· - Pak i ngton Street, Newtown (iv) City of South Barwon - Mt. Pleasant" Road, Belmont

11 (v) Shire of Corio - .. Osborne House , Swinburne Street, North Geelong (vi) Shire of Bannockburn - Shire Offices, Bannockburn (vii) Shire of Barrabool - Moorabool Street, South Geelong (viii) Shire of Bellarine - Shire Offices, Drysdale. (ix) Borough of Queenscliffe - Learmonth Street, Queenscliff.

5.1.2 Lodgement of Objections The Geelong Regional Planning Authority is the sole Responsible Authority for the preparation of the Scheme. Whether a·rising from an interest in specific property within the Region or not, any private individual, any unincorporated body or group of individuals {providing the bona fides of representation are established), any Corporation, any Municipal Council·, or any Pwblic Authority may lodge·an Objection addressed to the Geelong Regional Planning Authority. ·All objections shall be made in writing and forms to assist in their lodgement are available from the offi~es of the Town and Country Planning Board, Geelong Regional Planning Authority, and Municipal Councils. Objectors should state whether or not they wish to be heard in respect of their objections. Objections must be lodged on or before December 17th, 1975; or such other date as may subsequently be authorised or directed by the Minister for Planning. ' The Regional Planning Authority will conduct Objection hearings as soon as is practicable after the closing date of the statutory exhibition period. 21.

5.1.3 Issue of Town Planning Certificates Evidentiary· provisions in the Act require that upon application the Responsible Authority must issue statutory Certificates advising of the effect which a Planning Scheme or Interim Development Order has on specified lands. Instruments of Delegation will confer powers and responsibilities on Councils for the issue of Certificates in respect of land within their Municipal districts. As the Regional Authority will remain the Responsible Authority for the p·reparation of the Planning Scheme however, it remains obliged to issue Certificates also.

Members of the pu~lic are at liberty to decide from which authority they wish to receive a Certi.ficate. Applications should be completed on special forms provided, and lodged with the Responsible Authority together with the accompanying fee of three dollars and twenty cents. ($3.20).

5.1.4 Town Planning Applications Municipal Councils, under Delegated powers from the Regional Authority, are the sole Responsible .Authorities for the determination of all applications lodged in resp~ct of the Geelong Regional Interim Development Order. The Regional Authority will therefore not b~ empowered to consider any applications for Town Planning 'Permits. Applications should be lodged in duplicate on forms supplied by the Council in whose municipal district the land is situated. Except where any provision to the contrary is made in the Interim Development Order, a Council may not grant permission for the use or development of land not in conformity with the requirements of the Deposited Planning Scheme (as placed on public exhibition) or of any amendments or modifications which may subsequently be made thereto.

NOTE: The following requirement for a nwnber of Rural Zones is that a house may be erected if the site has a minimum area equivalent to the minimum size for subdivision in the Zone; although the Responsible Authority may grant a dispensation from this requirement in particular areas where the provisions of the Interim Development Order would otherwise prohibit the erection of a house.

In addition to the above discretionary provisions, there is a nwnber of specific provisions which allow, as of right, the erection of houses on smaller allotments. 22.

,. One such exception is where the site is smaller than the minimum size for subdivision in the Zone, but existed as a separate tenement on the commencement date of the Order (i.e. 17th September 1975).

Where permission is sought to erect a house pursuant to the "Tenement" provision, the onus rests with the Applicant ·to demonstrate to the Responsible Authority_ the exact extent of the tenement which is the subject of the Application. Where necessary,the Responsible Authority may require a Statutory Declaration to be furnished which certifies the true extent of the tenement. Forms for the completion of such·Statuto~y Declarations may be obtained from the offices ·of-any municipal Council, or the Regional Authority.

5.1.5 Town Planning Appeals Where municipal Councils are the sole Responsible Authorities for the issue of Town Planning Permits, they are also obliged to answer to the Town Planning Tribunal with respect to any Appeal lodged against a determination made by them.

Where a Countil h~s made a determi~ation in accordance with a stated policy, or upon a specific request of the Geelong Regional Planning Authority and an Appeal is lodged against the determination, then the-Authority will offer any appropriate assistance to enable the Councils case to be fully put before the Appeals Tribunal.

5.2 Amendments to the Deposited Planning Scheme and Interim Development Order · The Regional Authority has not delegated powers to Councils which would enable them to make amendments to the Scheme. The Regional Authority is therefore the sole Responsible Authority in this respect. Provision is made in the Act however for a Council to request. the Regional Authority to: (a) prepare an amendment in favour of its own recommendations; (b) accept for exhibition and adoption an amendment which it (the Council) has prepared.

Should the Regional Authority refuse or fail to prepare or I . accept an amendment in accordance with the above procedure, then the Council may with the Minister's approval, prepare, place on public exhibition, and submit its own amendment for approval. 23.

Amendments may be initiated to the deposited Scheme at any time after the completion of the current statutory exhibition period. These would be required to be placed on public exhibition for a period ranging from one month. (no reservations involved) to three months (where reservations are involved). Notwithstanding the above - mentioned procedures the Regional Authority may; as the circumstances warrant, modify the Deposited Scheme to incorporate any changes arising from the consideration of Objections lodged during the current statutory exhibition period. The Geelong Regional Interim Development Order incorporates the provisions of the Deposited Scheme and any amendments to the .Deposited Scheme wi 11 automatically be incorporated in the Order. Notwithstanding however, where any amendment to the Deposited Scheme provides for the reservation of land, the Order .m~y not also be amended until the owners of property so affected have been notified and given an opportunity for any objections which they may have to be considered .

. _, No. of -+;~ TOWN AND COUNTRY ~ s~,LQ. PLANNING BOARD ~ ·LIBRARY

THE GEELONG REGIONAL PLANNING AUTHORITY

JULY 1976

CHAIRMAN Cr. A.K. Lloydt M.B.E., J.P. Gity of Newtown MEMBERS Cr. A.R. McAllister, O.B.E.t J.P. City of Geelong Cr. J.G.V. Hudson City of Geelong Cr. W.H. Kenworthy t J.P. City of Geelong West Cr. G.T. Walker Gity of Geelong West Cr. J. E. Lakis City of Newtown Cr. A.L. Dean City of South Barwon Cr. G. E. Gardner City of South Barwon Cr. R.H. Beckley Shire of Co.ri o Cr. J.W. Pettitt Shire of Corio Cr. R. Guyett, J.P. Shire of Bellarine Cr. J.G. Davies Shire of Bellarine Cr. H.B. Cooke, J.P. Shire of Bannockburn Cr. J.E. Harvey Shire of Bannockburn Cr. W.H. Simon Shire of Barrabool Cr. w.s. McCann Shire of Barrabool Cr. D.W. Hardie Borough of Queenscliffe Cr. G.H. Spry Borough of Queenscliffe

DIRECTOR . Mr. Colin K. Atkins, M.Sc.(B'ham), D.G.S.(B'ham), Dip.C.E.(G.I.T.)t M.I.E., M.I.M.E., C.E.

SENIOR ... ~. ·. DRAFTSMAN Mr. C. Fadgyas

. · .. CONSULTANTS Meldrum Burrows and Partners . ' Mr. W.H.M. Barr, B.T.R.P., F.R.A.P.I., F.R.T.P.I. Mr. I.M. d'Oliveyra, B.T.R.P., M.R.A.P.I. Ms. S. Ryan, B.A. Dip. T.R.P.·, M.R.A.P.A. ..

I tl. ~o 9 9 ~s- .2. G.:E.~:~