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Planning and Environment Act 1987 BAW BAW PLANNING

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Planning and Environment Act 1987 BAW BAW PLANNING Planning and Environment Act 1987 BAW BAW PLANNING SCHEME AMENDMENT C22 APPLICATION NUMBER 03130 EXPLANATORY REPORT Who is the Planning Authority? This combined amendment and permit application has been prepared by the Baw Baw Shire Council, which is the planning authority for this amendment. The combined amendment and permit application has been made at the request of Environmental Resources Management Australia Pty Ltd on behalf of Warraview Developments Pty Ltd. Land affected by the Amendment/Application. The amendment applies to part of Crown Allotment 36, Parish of Drouin West, County of Buln Buln (the north west corner of Princes Way and the Princes Highway, Drouin). What the Amendment/Application does. The subject land is currently included in the Low Density Residential Zone (LDRZ) and the Development Plan Overlay (Schedule 3). Schedule 3 to the DPO relates specifically to land included in the LDRZ. The land is located within the long-standing identified ‘boundaries’ of Drouin and has access to all necessary services. The amendment proposes to rezone the land from the LDRZ to the Residential 1 Zone (R1Z) to facilitate the subdivision of the land into lots of between 500 and 1950 square metres. The amendment also proposes to remove DPO Schedule 3 from the land and replace it with DPO Schedule 1, which relates specifically to development in the R1Z. A Development Plan (including a landscape concept plan) has been prepared in response to the requirements of Schedule 3 to the R1Z and forms part of the amendment documentation. In addition it is proposed to make a minor adjustment to the wording of Clause 21.08-3 in Council’s Municipal Strategic Statement, which Council believes incorrectly sets the context of existing and future residential development within the Shire. The planning permit application seeks approval for the subdivision of the land and for the construction of a new access point to Princes Way (which is included in a Road Zone Category 1). The proposed subdivision will include the following features. • A total of 148 lots ranging in area from a minimum of 534 square metres to a maximum of 2371 square metres. • An open space area comprising a total of 1.684 hectares, to connect with existing public open space to the west. The public open space will include a lake which will be fed from the existing natural spring on the site. • The location of lots fronting the open space and lake to ensure appropriate surveillance of the area. • The design of the road and lot layout to enable the retention of existing trees on the site if future residents desire. • The provision of evergreen street tree planting including red flowering gums, spotted gums, red spotted gums, narrow leaved peppermints and dropping sheoaks. • The provision of deciduous planting, including Chinese Pistachio and Ornamental Pear, along Waterside Drive and Valleyview Drive and at the main entry to the Estate. • The design of the road and load layout to ensure appropriate solar access to lots and to provide outlook to the central open space area. • The construction of a single access point from Princes Way into the site, with access streets leading from this central collector road. • The retention of the existing water supply easement that runs in an east-west direction through the site and the use of this easement for a pedestrian link. A draft planning permit has been prepared for the proposed development and forms part of the documentation for this amendment. Why the Amendment/Application is required. The rezoning of the land to the R1Z is required to provide for the consolidation of the residential area within the Urban Growth boundary for Drouin and to assist in achieving the settlement policy and consolidation aims of Melbourne 2030 and the State Planning Policy Framework. The rezoning is also required because the subject land is serviced and thus able to be developed for residential purposes. In this regard it is inappropriate that it remains in the low density residential zone which is intended for land that is not serviced. The proposed modifications to Council’s MSS at Clause 21.08-3, under the heading ‘Policy Influences – Local Context’ is also required because it includes a misleading statement about the level of supply of residential land in the Shire of Baw Baw. Specifically Clause 21.08-3 states the following: Based on new projected housing demand Baw Baw Shire has over 100 years zoned residential supply. There is no justification in the planning period of the next ten years for additional residential land to be supplied. Council’s recent investigations have shown that not all zoned land in the Shire is available, serviceable, or attractive for development. As a consequence, an amendment to the MSS is proposed to correct the mis-statement. Impact of the Amendment/Application. Minister's Directions Minister’s Direction No. 9 ‘Metropolitan Strategy’ only relates to amendments in the Melbourne metropolitan area. Given that Drouin is located well outside the Melbourne metropolitan area then technically the provisions of Melbourne 2030 do not apply. However, there is one direction that is of some relevance to this rezoning – Direction 3: Networks with the Regional Cities. Direction 3 promotes the growth of regional cities and key towns on regional transport corridors as part of a networked cities model. Drouin falls within the identified eastern regional corridor which extends to Traralgon. The rezoning of land in Drouin to enable residential development is therefore consistent with the overall strategic intent of Melbourne 2030 in terms of encouraging development of key towns along regional transport corridors. The amendment is also consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act. Environmental Effects The amendment/application will not impact negatively on the environment. The Development Plan that has been prepared for the site to enable the retention of the existing significant trees on the land. The impact of the development on the natural springs on the site is a concern for the Baw Baw Shire Council, and a resolution will be reached with the other relevant authorities as to an appropriate future for these areas of the site. The layout of the proposed subdivision with predominantly east-west and north-south lots will also ensure that future residential development has the opportunity for good solar access. Social and Economic Effects The proposed rezoning and subdivision will have positive social and economic effects. The rezoning will result in a more prudent use of serviceable residential land in Drouin. Consequently it will assist in consolidating the town within the identified township boundaries and increase the usage of existing services and facilities that are available in the town. In this sense the proposal will have positive economic impacts on the town of Drouin and the wider Baw Baw Strategic Development Corridor. Strategic and Policy Justification of the Amendment/Application The proposed development is consistent with the relevant components of the SPPF and the MSS and Local Policies sections of the Scheme The SPPF identifies the importance of ensuring that a sufficient supply of land is available for residential development and the importance of protecting and conserving bio-diversity. The SPPF also identifies the need for open space networks to be appropriately linked and integrated with open space areas on adjoining land parcels and for subdivisions to be designed and located where they have appropriate access to physical and community infrastructure (including the provision of water, sewerage and drainage). The proposed amendment is consistent with these directions of the SPPF given the following: • The proposed subdivision has been designed to retain the existing vegetation on the site and thus minimise vegetation loss. The road and lot layout has been designed to ensure that the existing trees will be located either along the boundary of lots or in the road reserves to ensure their retention. • A large open space area is proposed on the site which is linked with the adjoining open space area to the west. Pedestrian links are proposed are also proposed throughout the subdivision and to adjoining land. • The subject land is able to be fully serviced with water, sewer and drainage. • The proposed development of the land will result in further utilisation of the existing community services available in Drouin. • A diversity of lots are proposed on the site including smaller lots in proximity to the proposed open space area. The proposed rezoning is also consistent with the strategic direction for Drouin as outlined in the MSS. The MSS identifies Drouin as being one of the key service towns in the Shire and as forming part of a ‘twin town’ relationship with Warragul. In this regard the MSS encourages the development of the two towns and the coordinated provision of infrastructure and services. The MSS also identifies the need to identify an Urban Growth boundary for the towns and to focus major new development in the Shire in the Baw Baw Strategic Development Corridor, of which Drouin forms part. The proposed rezoning is consistent with these identified strategies of the MSS and will result in the development of a large land parcel which falls within the identified Urban Growth boundary of Drouin, and within the Strategic Development Corridor. The proposed rezoning will change the pattern of development in Drouin and will reduce pressure on the urban growth boundary. The location of the land on the eastern edge of Drouin in proximity to Warragul will also assist in consolidating the twin town concept with future residents of the Estate likely to use the services of both towns given the location of the land. The proposed rezoning is also consistent with the relevant local planning policies of the Scheme.
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