Planning and Environment Act 1987

GOLDEN PLAINS PLANNING SCHEME

AMENDMENT C85gpla

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Council, who is the planning authority for this amendment. The Amendment has been made at the request of Golden Plains Shire Council.

Land affected by the Amendment

The Amendment affects towns in the northern part of Golden Plains Shire. Specifically the amendment affects the part of the Shire that is defined as part of the Central Highlands Region (as shown below).

What the amendment does The Amendment:

Amends Clause 21.02 (Settlement) in order to bring it into alignment with key findings from the northern settlement strategy and recognise towns designated for growth by the same strategy.

Amends sub Clause 21.07-4 (North West Area) in order to delete superseded content, replace the “North West Area Structure Plan” with the framework plan from the Northern Settlement Strategy, provide direction and analysis from the same strategy and to include the Northern Settlement Strategy as a reference document.

Local Planning Policy Framework Review

Golden Plains Shire is currently in the process of translating the Golden Plains Planning Scheme from its current structure (LPPF) to the new Planning Policy Framework (PPF). Below is a copy of how the amendment would appear in the Planning Scheme once the translation has been gazetted, this is likely to be before gazettal of this amendment (C85). Please note the proposed PPF content is solely for information purposes and that while the content is accurate it does not reproduce the entirety of Clause 02.03 or 74.01 and if approved, will be integrated with the PPF at a later stage and at which point it will be fully in accordance with the required Ministerial Direction.

In Summary the PPF will: • Include detail for the North West Area in Clause 02.03-X of the Municipal Planning Strategy • Include the Northern Settlement Strategy Strategic Directions Framework Plan in Clause 02.04 • Include further work regarding Haddon and Cambrian Hill in the Schedule to Clause 74.02

Strategic assessment of the Amendment

Why is the Amendment required?

The Amendment is required to update the Municipal Strategic Statement to reflect the findings of the Northern Settlement Strategy (2019) and to include the Strategy as a reference document within the Golden Plains Planning Scheme, providing a future work program for Council in the northern towns of the Shire. The amendment is also intended to provide clear guidance for Council when considering how and where growth in the north of the municipality should be accommodated based on factors including:

• The supply and demand for land.

• The proximity to jobs and services.

• Environmental constraints.

• The cost to Council of maintaining public infrastructure associated with different density levels.

• Existing policy context including the Central Highlands Regional Growth Plan.

The Strategy provides an overarching framework that identifies how the Shire will manage the future of its small towns and settlements in the northern parts of the Shire. It provides direction on where growth and the containment of growth can occur sustainably. Key to the strategy is a framework plan indicating where Council will support growth. Also provided are strategic actions aimed at facilitating growth. This includes a new structure plan for Haddon, a growth investigation for Cambrian Hill and a review of the Urban Design Framework.

The Amendment is also required to delete redundant content about the northern areas of the Shire which is either in conflict with, or not supported by the Northern Settlement Strategy.

How does the Amendment implement the objectives of planning in ?

The amendment implements the objectives of planning in Victoria by providing a clear basis for the implementation of a Strategy aimed at the sustainable growth of small towns and settlements in considered locations to help provide a secure, pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria.

The amendment provides a clear policy framework for the fair, orderly, economic and sustainable growth in the rural parts of the municipality. The introduction of the Strategy into the Planning Scheme ensures future development of the small towns and settlements occurs in line with the availability of infrastructure, a relative absence of environmental constraints and the preferred location for development and growth.

How does the Amendment address any environmental, social and economic effects?

The amendment will guide the use and development of land in the small towns and settlements and promote social and economic sustainability in terms of jobs, services and the liveability of communities. In particular the amendment places a high weighting on promoting growth in locations where jobs and services already exist and directs most future growth to towns that are either near to or border .

Furthermore the amendment provides direction limiting any rezoning that would create more rural living allotments. This is considered to be an economic benefit to Council and the wider community. One input study to the Northern Settlement Strategy ascertained that public infrastructure associated with rural living allotments such as roads and drains are relatively expensive for Council to maintain compared to denser living arrangements.

The amendment is not anticipated to have any negative environmental impacts. The Northern Settlement Strategy considered environmental constraints such as bushfire hazard, land capability and the consequences of the level of lack of sewer.

Does the Amendment address relevant bushfire risk? The amendment addresses bushfire risk, as it is based on implementing and recognising the Northern Settlement Strategy, which selectively supports the expansion of a small number of settlements taking into account bushfire risk and avoiding the growth of towns subject to extreme bushfire risk. The Strategy recognises bushfire risk on a town by town basis where it is a significant constraint. Nonetheless the strategy is a high level plan and detailed bushfire assessment for towns affected by bushfire risk would occur with any future structure plans or rezoning.

Does the Amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes.

The amendment is consistent with Ministerial Direction 11 Strategic Assessment of Amendments as it has a sound strategic basis that provides an appropriate level of justification.

The amendment considers the Ministerial Direction 1 Potentially Contaminated Land. The amendment does not propose to rezone any land and therefore does not allow for any sensitive use, agriculture or public open space to be developed on potentially contaminated land.

How does the Amendment support or implement the Planning Policy Framework and any adopted State policy?

The amendment supports and builds on the principles outlined in the SPPF. In particular, it implements the objectives and strategies of Clause 11 (Settlement) through the direction of development to discrete settlements within Ballarat’s hinterland, and has regard for the range of considerations within the municipality by encouraging the development of settlements that optimise the use of existing infrastructure, whilst respecting the development constraints within the Shire.

The amendment implements and supports the objectives of other SPPF clauses (16 – Housing, 17 – Economic Development, 18 – Transport and 19 – Infrastructure) by providing clear guidance on appropriate development, the need for to build on the economic strengths of small towns and settlements and the constraints on development arising from infrastructure and transportation considerations.

The amendment supports and implements the SPPF and the Central Highlands Regional Growth Plan (CHRGP) by ensuring the MSS is current and accurately reflects the local response to State Policy.

With the exception of Smythesdale which is identified for medium growth, the CHRGP is silent on specific references for the towns and settlements nominated for growth within amendment C85, but provides a range of policy statements supportive of the goals of the amendment.

The amendment is considered to implement the following directions of the CHRGP:

• Direct settlement growth and development to areas where it will avoid impacting on high value environmental assets, including designated water supply catchment areas, strategically important terrestrial habitat, soil health, waterways and wetlands (13.3).

• Take a precautionary approach in planning new developments by avoiding locations that pose an extreme risk from bushfire or flood (13.4).

• Ensure planning responds to its regional and inter-regional context, including capitalising on links to other centres and responding to growth pressures associated with proximity to Ballarat and (14.2).

• Plan for development and facilities shared around clusters of linked settlements, particularly for groups of small settlements, or settlements without easy access to a close major settlement (14.2).

• Encourage small settlements to be planned as part of a cluster of settlements to improve access to key services (14.7).

How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? The amendment supports the following objectives and strategies of the Municipal Strategic Statement (MSS).

• Clause 21.02-1 (Settlement Patterns) includes an objective to make efficient use of land. The amendment promotes this objective by supporting the majority of future development in the northern areas of the Shire close to the border with Ballarat, where significant amounts of services and jobs already exist.

• Clause 22.09 (Low Density Residential Subdivision Policy) seeks to ensure that elements of land capability and character are addressed when considering subdivision. Objectives of this clause include ensuring that lots created in the LDRZ are of sufficient size to capably treat wastewater within property boundaries and to maintain an open and spacious character. The amendment supports this Clause by recognising development limitations imposed by the need for septic tanks and different soil qualities.

Does the Amendment make proper use of the Victoria Planning Provisions?

The amendment makes proper use of the VPPs by providing local content to support State Policy at Clause 11. Furthermore the amendment is based on broad direction from the Northern Settlement Strategy, with a Framework Plan central to this Strategy. The MSS is the most appropriate part of the Planning Scheme to include direction at this level of detail.

How does the Amendment address the views of any relevant agency?

The amendment will be exhibited to relevant agencies for their feedback through the exhibition stage. Although agency advice has not been sought prior to exhibition, feedback was sought on the Northern Settlement Strategy from key utilities authorities.

Does the Amendment address relevant requirements of the Transport Integration Act 2010?

The amendment will not have a significant impact on the transport system. It is possible that there may be some impact from future strategic work included within the amendment, such as a Structure Plan for Haddon. However this depends on the detail of the future projects, and would be considered for individual projects at the relevant time.

Resource and administrative costs

What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

The amendment affects the MSS only and is not anticipated to have any significant effect on the resource and administrative costs of the responsible authority. Notably there is no change to permit triggers and the amendment is not expected to impact the number of planning permit applications. The amendment adds some new content to the Planning Scheme that will be taken into consideration when development applications are lodged, however it removes more content than it adds.

Where you may inspect this Amendment

The Amendment is available for public inspection, free of charge, during office hours at the following places: Golden Plains Shire Council Bannockburn Offices: 2 Pope Street, Bannockburn VIC 3331 Golden Plains Shire Linton Offices: 68 Sussex Street, Linton VIC 3360 The Well Smythesdale: 19 Heales Street, Smythesdale VIC 3351

The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.planning.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 23 September 2019. A submission can be sent in any of the following ways: By mail Attention: Laura Wilks Golden Plains Shire PO Box 111 BANNOCKBURN VIC 3331

By email to:

[email protected] Include “Amendment C85 Submission” in the title.

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: To commence in the week of Monday 25 November 2019

• panel hearing: To commence in the week of Monday 16 December 2019