Title? title, such as a restrictive covenant, section 173 agreement or other obligation such as an easement or building envelope.

Applicant Contact Applicant Contact Mr Roger Whyte Berry and Whyte Surveyors Pty Ltd 81A Percy Street, Portland, VIC, 3305 and PO Box 674 Street, Portland, VIC, 3305 Business Phone: 0355233377 Mobile Phone: 0427052070 Email: [email protected]

Applicant Applicant Mr Peter, Sandra & Adam Robertson 22 Panoramic Drive, , VIC, 3305 Australia Mobile Phone: 0427267272 Email: [email protected]

Owner Owner (Owner details as per Applicant)

Declaration I, Roger Whyte, declare that I have notified the owner(s) about this application. I, Roger Whyte, declare that all the information supplied is true.

Authorised by Roger Whyte Organisation Berry and Whyte Surveyors Pty Ltd

SPEAR S089678A Printed: 25/08/2016 Page 2 of 2

PLANNING REPORT PROPOSED TWO (2) LOT SUBDIVISION (RE-SUBDIVISION OF TWO LOTS TO CREATE TWO NEW LOTS)

Lots 8 & 9 on PS 145899X

22 PANORAMIC DRIVE CAPE BRIDGEWATER For P Robertson

Prepared by: ANDREW LACEY B.App. Sci (Planning) Grad. Dip. U & R Planning MPIA

28th July 2016

Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater

TABLE OF CONTENTS

1 Introduction to Planning Report ...... 3 2 Certificate of Title Details ...... 4 3 Site Description ...... 6 3.1 Lot 8 Site Description ...... 8 3.2 Lot 9 Site Description ...... 9 4 The Proposal ...... 11 5 State Planning Policy Framework ...... 12 6 Local Planning Policy Framework (LPPF) ...... 16 6.1 Municipal Strategic Statement ...... 21 7 Zone and Overlay Controls ...... 22 7.1 Rural Conservation Zone (RCZ1) ...... 22 7.2 Bushfire Management Overlay (BMO) ...... 24 7.3 Environmental Significance Overlay (ESO) ...... 25 7.4 Significant Landscape Overlay (SLO) ...... 26 8 Assessment against permit triggers ...... 26 8.1 RCZ1 ...... 26 8.2 BMO ...... 30 8.3 ESO ...... 31 9 Clause 65 Decision Guidelines ...... 32 9.1 Clause 65.01 Approval of an Application or Plan...... 32 9.2 Clause 65.02 Approval of an application to subdivide land ...... 34 10 Conclusion to Planning Report ...... 37

APPENDIX

Appendix A – Certificates of Title and Restrictive Covenant Appendix B – Planning Permit TPA 072/04 Appendix C – Proposed Plan of Subdivision Appendix D – Bushfire Management Statement

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1 Introduction to Planning Report

This planning report has been prepared to accompany a planning application for a two (2) lot subdivision – re-subdivision of two lots to create two (2) new lots.

The land is comprised of Lots 8 and 9 on PS 145899X. Lot 8 contains an existing dwelling and holiday unit (second dwelling). Lot 9 is currently vacant.

The effect of the proposed re-subdivision would be to create a title for each of the dwellings e.g Lot 8 would accommodate the existing dwelling and Lot 9 the holiday unit.

The subject land is located on the west side of Bridgewater Bay within a small pocket of residential development perched on a hill.

The proposed re-subdivision of land does not change the existing approved access and wastewater treatment systems associated with each of the dwellings. The covenant registered to each title does not preclude the ability to subdivide the land. The zoning of the land as Rural Conservation Zone allows re-subdivision of lots where the number of lots is not increased and the number of dwellings the land could be used for does not increase. The application is also supported by a Bushfire Management Statement

The application is made having regard to the provisions of the Rural Conservation Zone, the Environmental Significance Overlay and Bushfire Management Overlay provisions of the Glenelg Planning Scheme, as detailed later within this report.

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2 Certificate of Title Details

The allotments subject to this report are described as follows:

Lot 8 Plan of Subdivision LP145899 - Certificate of Title Volume 09785 Folio 813 • Lot 8 has an area of 3366m² and has an 8m wide drainage easement running the length of the rear boundary and a smaller easement running the length of the front boundary reserved for electricity purposes.. • Lot 8 is affected by instrument N843201D dated 17/11/1988 which provide that: o The land cannot be used for trade or business o No improvements on part of the land are permitted to exceed 49m above sea level with other parts not to exceed 48m above sea level o No plants to exceed 49m above sea level on parts of the land and not to exceed 48m above sea level on other parts o Land cannot be used to park unregistered vehicles having a gross weight over 2.5 tonnes and cannot be used as a “storage area”.

o Extract of title plan showing Lot 8

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Lot 9 Plan of Subdivision LP145899 - Certificate of Title Volume 09785 Folio 814 • Lot 9 has an area of 2978m² and has an 8m wide drainage easement running the length of the rear boundary and a smaller easement running the length of the front boundary reserved for electricity purposes. • Lot 9 is affected by Covenant P786734S dated 08/05/1990 which provides that: o The land cannot be used for trade or business o No improvements on part of the land are permitted to exceed 44m above sea level with other parts not to exceed 47m above sea level o No plants to exceed 44m above sea level on parts of the land and not to exceed 47m above sea level on other parts o Land cannot be used to park unregistered vehicles having a gross weight over 2.5 tonnes and cannot be used as a “storage area”.

Extract of title plan showing Lot 9 Pierrepoint Planning, P.O. Box 5003 Tarrington, 3301. Ph 5572 5558 Page 5 of 57 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater

Lots are in separate ownership although within the same family..

A full copy of the Certificate of Titles for each of the lots subject to this report and the registered covenant is attached at Appendix A.

3 Site Description

The land included in this application is located to the west of Bridgewater Bay within a cluster of residential development.

Land is elevated to the surrounding land and by virtue of the slope down to the bay in the east the site affords expansive views of the ocean.

Land to the north of the subject site is comprised of native vegetation while elsewhere land has been cleared for either residential uses or farming practices.

The two titles that form this application form part of a twenty (20) lot subdivision created in 1987. Lots within the subdivision all have an area of approximately 3000m².

Lots 6 & 7 to the west and Lot 17 directly opposite are vacant while Lot 10 to the east has been developed with a single dwelling.

The surrounding land use (with the exception of the scrub covered land to the north) is characterised as residential or rural living within the Cape Bridgewater settlement.

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Subject site

Aerial of the subject land in context with the surrounds.

The following Land base map below provides an overview of the subdivision pattern within the immediate locality.

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Application Site: Lots 8 and 9

3.1 Lot 8 Site Description

Lot 8 is generally rectangular shaped with dimensions of approximately 44m x 80m providing an area of 3366 m².

Lot 8 contains the existing single storey dwelling and a holiday unit approved by TPA 072/04 issued on the 30th March 2004. A copy of that Permit is attached. Refer to Appendix B.

The permit allowed for the use and development of two (2) holiday units, however the permit expired before the second unit was constructed. Holiday unit #2 proposed to be located in the north east corner of the site has not been constructed.

The constructed holiday unit has obtained all relevant permits including building approval and a septic permit. The constructed holiday unit is able to meet the definition of dwelling having regard to land use definitions at Clause 74 of the Glenelg Planning Scheme.

Lot 8 therefore contains two dwellings with approved septic treatment systems that comply with State Environment Protection Policy.

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The site contains minimal vegetation with the exception of a shelterbelt plantation on the western boundary.

Photograph 1: Existing dwelling on lot 8

3.2 Lot 9 Site Description

Lot 9 is irregular in shape with a depth of approximately 72m, a rear boundary with a length of 56.57m and front boundary to Panoramic Drive of 30m. Lot 9 has an area of 2978m².

The site is vacant and void of any vegetation with the exception of some recent screen planting at the front of the site.

No fencing separates the land from that of the neighbours or the rear scrub land.

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Photograph 2: Vacant lot 9 with dwelling on Lot 10 visible to the right

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4 The Proposal

The application seeks approval for a two (2) lot subdivision of land to create two (2) new lots- effectively a re-subdivision of land.

No additional lots will be created.

The effect of the re-subdivision would be to create a title for each of the existing dwellings.

Each of the dwellings would benefit from its own vehicular access from Panoramic Drive.

An extract of the Proposed Plan of Subdivision follows:

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A copy of the Proposed Plan of Subdivision is attached. Refer to Appendix C.

An aerial with proposed subdivision layout is provided below.

The easements and covenant will apply to the titles to be created.

5 State Planning Policy Framework

Relevant Clauses of the SPPF include:

• Clause 10 ‘Operation of the State Planning policy Framework’ seeks to ensure the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development policies and practises which integrate with relevant environmental, social and economic factors in the interest of net community benefit and sustainable development. The objectives of planning in Victoria include: o To provide for the fair, orderly, economic and sustainable use, and development of land.

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• Clause 13.05 Bushfire This Clause seeks to assist to strengthen community resilience to bushfire. Where appropriate it is acceptable to apply the precautionary principle. In areas identified in the planning scheme as being affected by the bushfire hazard, Council should require a site-based assessment to be undertaken to identify appropriate bushfire protection measures for development that has the potential to put people, property or community infrastructure at risk from bushfire.

• Clause 15 Built Environment and Heritage Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

• Clause 15.01-3 Neighbourhood and Subdivision Design To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods. Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character. o Protecting and enhancing native habitat. o Environmentally friendly development that includes improved energy efficiency, water conservation, local management of stormwater and waste water treatment, less waste and reduced air pollution.

• Clause 16.02-1 Rural Residential Development Relevant Strategies include: • Manage development in rural areas to protect agriculture and avoid inappropriate rural residential development. • Encourage the consolidation of new housing in existing settlements where investment in physical and community infrastructure and services has already been made. • Ensure planning for rural living avoids or significantly reduces adverse economic, social and environmental impacts by:

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o Maintaining the long-term sustainable use and management of existing natural resource attributes in activities including agricultural production, water, mineral and energy resources. • Protecting existing landscape values and environmental qualities such as water quality, native vegetation, biodiversity and habitat. • Minimising or avoiding property servicing costs carried by local and State governments. • Discouraging development of isolated small lots in rural zones from use for rural living or other incompatible uses. • Encouraging consolidation of existing isolated small lots in rural zones. • Maintaining an adequate buffer distance between rural residential development and intensive animal husbandry. • Ensure land is not zoned for rural living or rural residential development if it will encroach on high quality productive agricultural land or adversely impact on waterways or other natural resources. • Ensure land is only zoned for rural living or rural residential development where it: o Is located close to existing towns and urban centres, but not in areas that will be required for fully serviced urban development. o Can be supplied with electricity and water and good quality road access

Assessment of the SPPF

The relevant State Planning Policy encourage the protection of productive agricultural land from the intrusion of inappropriate land uses. Where residential uses intrude into the natural landscape particular effort should be made to ensure environmental values are not adversely affected.

The subject land sits in the context of an established rural residential subdivision. Land in this area is used for lifestyle properties and to a lesser extent hobby farms.

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The proposal is for subdivision of existing lots i.e. no additional lots are proposed and therefore the land will not be further fragmented.

The land has already been improved with two (2) dwellings. No improvements to either of the dwellings or elsewhere on the land are proposed in this application. The residential use of this land has already been established with the creation of the subdivision and permits being issued for the dwellings.

The use of the land will not change, the land is to remain unfenced and no vegetation is proposed to be removed. Therefore the status quo will remain in regard to policy considerations relating to water quality, native vegetation, biodiversity and habitat.

No changes to the land will be apparent and the landscape will remain the same. The proposal only seeks to realign the legal title boundary to allow each of the dwellings to be owned separately.

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6 Local Planning Policy Framework (LPPF)

Clause 22.01-1 Urban Growth and Development

This policy applies to the urban areas and fringes of Portland, Heywood, Casterton, Dartmoor, Nelson, Cape Bridgewater, Narrawong, , Sandford, Digby, Merino and .

It is policy that:- • Residential development is serviced by reticulated infrastructure, in particular sewerage. • Future urban development is confined to the established urban growth areas associated with each township, as outlined in the structure plans at Clause 22.01-3.

Clause 22.01-3 Growth Corridors and Structure Plans

Policy Basis The designation of land for future urban uses assists investment in services and reduction in land use conflicts. The strategic directions and structure plans will guide the future development and growth of the Shire’s settlements.

Development within and around townships and their future expansion will be guided by reference to the strategic directions of the Glenelg Sustainable Settlement Strategy 2012 and the structure plans attached to this clause.

This Policy includes the following action with respect to Cape Bridgewater: • Investigate Township Zone with a Design and Development Overlay as identified on the Cape Bridgewater Structure Plan;

Clause 22.02-1 Land Management and Protection Local Policy

This policy applies to all proposed uses and developments in the rural zones and the low density residential zone.

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The basis of the policy is as follows:

“Sound land use, land management and protection of the natural resource asset base are essential to ensure the continued economic performance of the primary industry sector.”

The objectives of the policy are as follows:

• To adopt the principles of Landcare when considering applications to use and develop land. • To have regard to the regional catchment strategy as prepared by the Glenelg Regional Catchment and Land Protection Board. • To facilitate the rectification of land degradation and the improvement of the Shire’s rural land. • To support and encourage an integrated total catchment management approach. • To encourage the preparation of whole farm management plans.

It is policy that:

Use and development of land within rural zones should take into account relevant Landcare plans, any catchment management strategy and relevant Salinity Land Management Plans.

• The importance of existing stands of native vegetation should be considered. • Conditions on permits should be applied to prevent the degradation of land or to rectify current land degradation problems. • Council shall seek to assist the implementation of land management plans. • Comments from the Department of Natural Resources and Environment should be considered where sites have demonstrated land degradation problems.

Clause 22.02-3 Fire Hazard

This policy applies to developments throughout the Shire.

Fire Protection measures: It is policy that: • Buildings and access roads be sited and subdivisions designed to minimise the impact of fire and the emergency conditions which arise from fire.

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• Development associated with residential or public use incorporate fire prevention measures where appropriate in accordance with the relevant fire prevention guidelines. • Access, fencing and the location of dams and tanks maximise fire fighting potential and minimise interference with fire fighting measures where appropriate.

Clause 22.02-4 Coastal Areas This policy applies to land included in Schedule 1 to the Environmental Significance Overlay

Urban and Residential Development It is policy that: • Care will be taken to minimise, or where possible totally avoid, any impact on environmentally sensitive areas from the expansion of urban and residential areas, including the provision of infrastructure for urban and residential areas. • Urban and residential development in the coastal area will be based on existing towns and townships. Compact and contained development will be encouraged in order to avoid ribbon development and unrelated cluster developments along the coast. • Any urban and residential development in the coastal area will be identified through designation of areas in planning schemes consistent with the objectives, principles and outcomes of this policy. • Where applicable, new uses and development shall demonstrate how they are compatible with foreshore and management planning for the coast.

Bridgewater Bay Coastal Area It is policy that: • Future residential and commercial development shall be planned, designed and sited to ensure that the landscape features and qualities and the natural environmental of the area shall not be lessened. Applications for changes of use and new development will demonstrate how they are compatible with the role of the coast as an environmental, conservation, recreation, open space and tourist natural resource.

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Comment: Much of the Local policy relevant to Bridgewater requires that new development has regard to various environmental values and bushfire risk.

This application only concerns the subdivision of land.

Reticulated sewer is not available to dwellings within the subdivision. Both dwellings have therefore been required to obtain -septic permits and are required to meet State Environment Protection Policy. This is a requirement under Clause 35.06-2 of the RCZ. Failure to comply would render each dwelling, if not both, in breach of the Planning Scheme. The proposed re-subdivision of the land to create a lot for each dwelling will continue to ensure each dwelling is able to retain and treat all wastewater on-site.

No visual changes will result from the proposed re-subdivision and no vegetation is proposed to be removed. Therefore policy relating to protection of vegetation, habitat and the landscape is not a relevant consideration.

Of key importance is to address the risk of bushfire.

The risk of bushfire is at its highest on the northern boundary of Lots 8 & 9 where the site interfaces with an area containing native vegetation. The accompanying Bushfire Management Statement is able to demonstrate the proposed subdivision would not trigger additional protection measures or increase the risk to human life. Refer to Appendix D.

The subject land is not within an area of coastal hazard as identified in the Cape Bridgewater Coastal Hazard Vulnerability Assessment dated February 2016, primarily because of its elevation.

Additional observations include:

• The proposal would not see the expansion of the township beyond existing boundaries.

• Approval of the proposal would not prejudice the outcome of any future structure planning for the area.

• Additional native planting is already evident within the site thus improving the amount and quality of vegetation in the environs.

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• Approval of the re-subdivision will not bypass the need for further planning approvals for improvements to the site.

• The subject land is located in the study area for the Cape Bridgewater Structure Plan (Background report January 2016). The Site is acknowledged by the Report as being part of the existing settlement. An extract of the report is provided below.

Subject site

• The Glenelg Sustainable Settlement Strategy (GSSS) 2012 on page 43 provides that future work should include the investigation of the “potential application of the Township Zone for land on the south west of the coastal strip (Panoramic Drive).” Other recommendations of the GSSS focus on potential future development and the need to address landscape values and the risk of bushfire.

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Extract from the GSSS 2012 (p44)

• Neither documents discourage re-subdivision of existing lots.

6.1 Municipal Strategic Statement

Clause 21.09 includes the following Objectives and Strategies for Agriculture:

Objectives To provide for agricultural uses which are environmentally and ecologically sustainable through encouraging investment in existing agricultural enterprises and diversification of agricultural enterprises

Comment The subject land is within a rural residential subdivision where there is no opportunity for farming in the conventional sense.

The application site consists of limited native vegetation and habitat. Of note is the fact that significant area of native vegetation exists north of the site. The proposed re-subdivision will not be detrimental to the existing habitat value of that area.

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Typically rural living land use results in the establishment of tree plantations around perimeters of properties and the establishment of internal landscaping associated with the development of a dwelling on the land for amenity purposes. However, because of the views afforded to each of the dwellings it may not be favourable to carry out significant planting on the new lots. Further the existing covenant carries a restriction on the height of vegetation on parts of the land. This may discourage the owners from investing money and time in further landscaping of either of the lots.

The application sites do not have any land degradation problems.

7 Zone and Overlay Controls

7.1 Rural Conservation Zone (RCZ1)

The site is zoned Rural Conservation Zone and Schedule 1 applies under the provisions of the Glenelg Planning Scheme. The purpose of the zone is:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

• To conserve the values specified in the schedule to this zone.

• To protect and enhance the natural environment and natural processes for their historic, archaeological and scientific interest, landscape, faunal habitat and cultural values.

• To protect and enhance natural resources and the biodiversity of the area.

• To encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality. • To provide for agricultural use consistent with the conservation of environmental and landscape values of the area • To conserve and enhance the cultural significance and character of open rural and scenic non urban landscapes.

An extract of Glenelg Planning Scheme Zoning Map No. 34 follows:

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Application site

Application Sites - Lots 8 & 9

The land falls with Schedule 1 to the Rural Conservation Zone.

The Conservation Values of Schedule 1 of the Rural Conservation Zone are as follows:

“To conserve the environment, landscape and vegetation qualities of the area by encouraging sound management practices and land capability principles which recognize the environmental sensitivity and biodiversity of the locality.” The Schedule provides that the minimum subdivision area for all land is 40 hectares.

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Clause 35.06-3 provides that a permit may be granted to create smaller lots if any of the following apply (emphasis added):

• The subdivision is the re-subdivision of existing lots, the number of lots is not increased, and the number of dwellings that the land could be used for does not increase.

• The subdivision is by a public authority or utility service provider to create a lot or a utility installation.

7.2 Bushfire Management Overlay (BMO)

The application site is covered by the BMO.

Purpose

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

• To ensure that the development of land prioritises the protection of human life and strengthens community resilience to bushfire.

• To identify areas where the bushfire hazard warrants bushfire protection measures to be implemented.

• To ensure development is only permitted where the risk to life and property from bushfire can be reduced to an acceptable level.

44.06-1 Permit requirement Subdivision A permit is required to subdivide land. This does not apply if a schedule to this overlay specifically states that a permit is not required.

44.06-2 Requirement of Clause 52.47 An application to construct a building, construct or carry out works or to subdivide land must meet the requirements of Clause 52.47 unless a schedule to this overlay specifies different approved measures or additional alternative measures and decision guidelines to those set out in Clause 52.47.

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44.06-3 provides mandatory conditions for subdivisions. This does not apply for applications to subdivide land into lots each containing an existing dwelling. A bushfire Management Statement and associated Bushfire Site Assessment and Bushfire Landscape Hazard Assessment is attached. Refer to Appendix D.

7.3 Environmental Significance Overlay (ESO)

The application site is covered by the ESO.

Purpose

• To implement the State Planning Policy Framework and the Local Planning Policy

• Framework, including the Municipal Strategic Statement and local planning policies.

• To identify areas where the development of land may be affected by environmental constraints.

• To ensure that development is compatible with identified environmental values.

Clause 42.01-2 states a permit is required to Subdivide land.

Schedule 1 to the ESO applies- COASTAL AREAS The Statement of environmental significance is as follows:

• The Shire’s coastline is a significant environmental resource and long term public asset which should not be compromised by inappropriate development. Coastal environments must be protected especially features of ecological, geological, geomorphological, cultural and historic significance. The environmental objectives to be achieved are as follows:

• To ensure the long term protection of coastal and marine ecosystems. • To prevent inappropriate development in coastal areas that is likely to prejudice the long term environmental values of the coast.

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7.4 Significant Landscape Overlay (SLO)

Purpose

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

• To identify significant landscapes. • To conserve and enhance the character of significant landscapes.

Clause 42.03-2 does not trigger a permit requirement for subdivision.

8 Assessment against permit triggers

8.1 RCZ1 Clause 35.06-6 Decision guidelines A response follows in regard to each of the decision guidelines to the zone. General issues

• The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Comments are provided to relavant State policy at Section 5 in this report. The proposed subdivision is considered appropriate.

• Any Regional Catchment Strategy and associated plan applying to the land. There does not appear to be a Strategy that applies to this site.

• The capability of the land to accommodate the proposed use or development. Both dwellings on the site have an appropriate septic system. Should Council consider it appropriate a condition of any permit could require a certified plumber to confirm that both septic systems are in working order prior to certification/ Statement of Compliance.

• How the use or development conserves the values identified for the land in a schedule. There is no change to the status quo as a result of effectively realigning the title boundary.

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• Whether use or development protects and enhances the environmental, agricultural and landscape qualities of the site and its surrounds. There is no change to the status quo as a result of effectively realigning the title boundary.

• Whether the site is suitable for the use or development and the compatibility of the proposal with adjoining land uses. No new use or development is proposed in this application Weight must be given to the intent of the earlier subdivision application which anticipated use and development of each lot with a dwelling.

Rural issues • The environmental capacity of the site to sustain the rural enterprise. No new use is being proposed in this application

• The need to prepare an integrated land management plan. There is no change to the status quo as a result of effectively realigning the title boundary. An integrated land management plan would be unnecessary and onerous.

• The impact on the existing and proposed infrastructure. There will be no change to existing infrastructure. The site already benefits from two crossovers which will suit the proposed layout of subdivision.

• Whether the use or development will have an adverse impact on surrounding land uses. No new use or development is proposed. The realignment of boundaries would not adversely affect amenity. Environmental issues

• An assessment of the likely environmental impact on the biodiversity and in particular the flora and fauna of the area. There is no change to biodiversity as a result of effectively realigning the title boundary. • The protection and enhancement of the natural environment of the area, including the retention of vegetation and faunal habitats and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge areas.

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There is no change to biodiversity as a result of effectively realigning the title boundary. No vegetation is to be removed. The site continues to be improved with additional native plantings- particularly along the front boundary.

• How the use and development relates to sustainable land management and the need to prepare an integrated land management plan which addresses the protection and enhancement of native vegetation and waterways, stabilisation of soil and pest plant and animal control. No use and development is being proposed in this application

• The location of onsite effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation. Both dwellings have approved septic systems. Such systems are likely to be consistent with others within the rural residential subdivision.

Dwelling issues

• Whether the dwelling will result in the loss or fragmentation of productive agricultural land. No additional dwelling is proposed. The land is not considered ‘productive’ by virtue of the pattern of subdivision which is typical of rural residential developments.

• Whether the dwelling will be adversely affected by agricultural activities on adjacent and nearby land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of operation. No additional dwelling is proposed. There is no farm land adjacent to the site

• Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby agricultural uses. No additional dwelling is proposed Design and siting issues

• The need to minimise any adverse impacts of siting, design, height, bulk, and colours and materials to be used, on landscape features, major roads and vistas. There is no proposal for development as part of this application.

• The location and design of existing and proposed infrastructure services which minimises the visual impact on the landscape. There is no proposal for development as part of this application.

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• The need to minimise adverse impacts on the character and appearance of the area or features of archaeological, historic or scientific significance or of natural scenic beauty or importance. There is no proposal for development as part of this application.

• The location and design of roads and existing and proposed infrastructure services to minimise the visual impact on the landscape. • There is no change proposed to the existing road network.

SCHEDULE 1 TO THE RURAL CONSERVATION ZONE Shown on the planning scheme map as RCZ1.

Conservation Values

• To conserve the environment, landscape and vegetation qualities of the area by encouraging sound management practices and land capability principles which recognise the environmental sensitivity and biodiversity of the locality. The proposed re-subdivision would continue to have respect of the identified conservation values as no new use or development or reduction in vegetation on the site is proposed.

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8.2 BMO

44.06-2 Requirement of Clause 52.47 An application to construct a building, construct or carry out works or to subdivide land must meet the requirements of Clause 52.47 unless a schedule to this overlay specifies different approved measures or additional alternative measures and decision guidelines to those set out in Clause 52.47.

44.06-3 Mandatory condition Subdivision A permit which creates a lot for a single dwelling on land zoned for residential or rural residential purposes must include a condition requiring a Section 173 Agreement acknowledging that any future dwelling on the lot is able to incorporate bushfire mitigation measures to the satisfaction of the responsible authority (paraphrased).

This does not apply (emphasis added):

• For the subdivision of the land into lots each containing an existing dwelling or car parking space.

A permit to subdivide land must include any condition specified in a schedule to this overlay. The Glenelg Planning Scheme does not include a Schedule to the BMO.

Clause 44.06-4 Referral of applications An application must be referred under Section 55 of the Act to the person or body specified as the referral authority in Clause 66.03, unless a schedule to this overlay specifies otherwise.

Clause 44.06-4 Notice and review An application under the overlay is exempt from notice and review.

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Clause 44.06-6 Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 52.47 and Clause 65, the responsible authority must consider, as appropriate:

• The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

• Any other matters specified in a schedule to this overlay.

Comment The proposal is considered to meet with the relevant state and local policies including the MSS in that the attached Bushfire Management Plan demonstrates that neither dwelling forming part of this application would be more at risk of bushfire as a result of the proposed re-subdivision.

8.3 ESO

Clause 42.01-4 Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

• The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The proposed re-subdivision is able to comply with the relevant planning policy framework as detailed in section 5 of this report.

• The statement of environmental significance and the environmental objective contained in a schedule to this overlay. The proposed re-subdivision complies with the statement and objective

• The need to remove, destroy or lop vegetation to create defendable space to reduce the risk of bushfire to life and property. No vegetation is required to be removed. • Any other matters specified in a schedule to this overlay. n/a

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SCHEDULE ONE TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY Shown on the planning scheme map as ESO1

COASTAL AREAS 1.0 Statement of environmental significance The Shire’s coastline is a significant environmental resource and long term public asset which should not be compromised by inappropriate development. Coastal environments must be protected especially features of ecological, geological, geomorphological, cultural and historic significance.

2.0 Environmental objectives to be achieved • To ensure the long term protection of coastal and marine ecosystems.

• To prevent inappropriate development in coastal areas that is likely to prejudice the long term environmental values of the coast.

Comment No new development is proposed in this application. Coastal and marine ecosystems will remain unaffected by the proposal.

9 Clause 65 Decision Guidelines

9.1 Clause 65.01 Approval of an Application or Plan.

Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate:

• The matters set out in Section 60 of the Act.

Response:

These matters include the planning scheme, objectives of planning in Victoria, objections, referrals and effects on the environment and are matters which the Responsible Authority must consider.

• The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

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Response:

The SPPF and LPPF including the MSS and Local Planning Polices are addressed in Section 5 of this report.

• The purpose of the zone, overlay or other provision.

Response:

The purpose of the Rural Conservation Zone and relevant overlays is addressed in Section 8 of this report.

• Any matter required to be considered in the zone, overlay or other provision.

Response:

Matters required to be considered by the zone and overlays are addressed in Section 8 of this report.

• The orderly planning of the area.

Response:

The orderly planning of the area is considered throughout this report

• The effect on the amenity of the area.

Response:

There will be no adverse affect on the amenity of the area as a result of the proposed re-subdivision. No new use or development is being proposed.

• The proximity of the land to any public land.

Response:

Public land exists to the east in the beach area. This land would not be affected by the proposal, which would only serve to maintain the status quo,

• Factors likely to cause or contribute to land degradation, salinity or reduce water quality.

Response:

There would be no change as a result of the re-subdivision

Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site.

Response:

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There would be no change as a result of the re-subdivision

• The extent and character of native vegetation and the likelihood of its destruction.

Response:

No native vegetation is proposed to be removed.

• Whether native vegetation is to be or can be protected, planted or allowed to regenerate.

Response:

There is an opportunity for native vegetation to be planted on each of the lots and a condition of any planning permit(s) issued could be to that effect.

• The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.

Response:

Flood, erosion and fire hazard associated with the land is not a high risk.

9.2 Clause 65.02 Approval of an application to subdivide land Before deciding on an application to subdivide land, the responsible authority must also consider, as appropriate:

• The suitability of the land for subdivision. Response: The land is being subdivided to create two new lots. There is no net increase in the number of lots.

• The existing use and possible future development of the land and nearby land Response: The existing use is authorised by permit. Further permits would be required should any of the owners wish to further develop either of the lots. Development of the Structure Plan for Bridgewater would dictate whether any development of nearby land is possible.

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• The availability of subdivided land in the locality, and the need for the creation of further lots. Response: The proposal does not seek to create additional lots on the premise that there is no available vacant lots in the area. The re-subdivision is acknowledgement of existing development of two dwellings on a single lot.

• The effect of development on the use or development of other land which has a common means of drainage. Response: No new use or development is proposed. Notwithstanding, drainage easements are in place for a common means of drainage

• The subdivision pattern having regard to the physical characteristics of the land including existing vegetation. Response: The subdivision pattern would be compromised although not to the detriment of the proper and orderly planning of the area. The re-subdivision would retain an undeveloped portion of land to the east which is favourable to allow views of the bay form the dwellings that form this application. Further, with distant views of the site afforded from the Bay the undeveloped portion would serve to address the various policy that seeks to promote an undeveloped and uncluttered coastal landscape.

• The density of the proposed development. Response: No development is proposed in this application.

• The area and dimensions of each lot in the subdivision. Response: The areas and dimensions of each lot are appropriate in this instance providing the necessary space for the septic to comply with SEPP.

• The layout of roads having regard to their function and relationship to existing roads. Response: No change to the road network is proposed in this application Pierrepoint Planning, P.O. Box 5003 Tarrington, 3301. Ph 5572 5558 Page 35 of 57 Proposed Re-subdivision of Lots 8 & 9 PS 145899X Panoramic Drive Cape Bridgewater

• The movement of pedestrians and vehicles throughout the subdivision and the ease of access to all lots. Response: No change to the pedestrian and road network is proposed. Sufficient space is provided within each lot to ensure appropriate vehicle movement.

• The provision and location of reserves for public open space and other community facilities. Response: No requirement for public open space is required.

• The staging of the subdivision. Response: The subdivision is not staged.

• The design and siting of buildings having regard to safety and the risk of spread of fire. Response: No new development is proposed in this application. However, existing buildings have been taken into account in the preparation of a Bushfire Management Plan as required by the BMO.

• The provision of off-street parking. Response: No off-street parking is required as all can be provided internal to the site.

• The provision and location of common property. Response: No common property is proposed.

• The functions of any body corporate. Response: No body corporate is proposed,

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• The availability and provision of utility services, including water, sewerage, drainage, electricity and gas. Response: The site has existing connection to services. The Planning Scheme does not call for referral of an application when the proposal is for re-subdivision of existing lots.

• If the land is not sewered and no provision has been made for the land to be sewered, the capacity of the land to treat and retain all sewage and sullage within the boundaries of each lot. Response: Land capability for each of the dwellings has been considered at the development permit stage. If Council considers it appropriate a plumber’s certificate could be required prior to certification to confirm each system is working satisfactorily.

• Whether, in relation to subdivision plans, native vegetation can be protected through subdivision and siting of open space areas. Response: Each of the proposed lots contains minimal vegetation. Protection is therefore not considered warranted.

10 Conclusion to Planning Report

Lots 8 & 9 are located within an existing rural residential subdivision acknowledged by various strategic documents that make up the Glenelg Planning Scheme to be within the boundaries of the existing settlement.

The majority of lots within the subdivision have been developed with single dwellings positioned to take advantage of the coastal views. Permit triggers exist for most forms of use and development on the land given the Zone and Overlay controls.

No new use or development is proposed as part of this application. The main change to the way the land functions as a result of the re-subdivision would be that the two dwellings currently on a single title would have their own title.

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By placing each of the dwellings on a separate title the key issues, having regard to State and Local Policy the Zone and Overlays, relate to the potential impact on the settlement boundary, land capability, landscape values and risk from bushfire. In each of these regards this report has highlighted that there will be no impact in either regard.

The subdivision of land is the re-subdivision of two titles to create two (2) new titles. The common boundary between Lots 8 & 9 would be realigned but would have no consequence on the external boundaries of the plan of subdivision which might otherwise result in encroachment of the surrounding landscape.

Each of the lots is able to contain a single dwelling, meeting the requirements of the zone in regard to containing and treating wastewater in accordance with State Environment Protection Policy (Septic Code of Practice). Each dwelling has access from Panoramic Drive and will not require an additional crossover.

The landscape values of the site and surrounds would not change as a result of the proposal.

Although the subdivision would have the effect of creating lot areas with dimensions inconsistent with the prevailing pattern of subdivision, this is not fatal to the application as there would be no apparent change to the character of the area as a result of the subdivision. There are no decision guidelines or specific policy that governs lot design for this area. Lastly, the covenant registered to each of the titles does not prevent subdivision.

The proposed re-subdivision of titles is considered to be an appropriate outcome for the site having regard to all the relevant matters discussed in this report and accordingly a permit should issue.

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Appendix A – Certificates of Title and Restrictive Covenant

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Appendix B – Planning Permit TPA 072/04

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Appendix C – Proposed Plan of Subdivision

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Appendix D – Bushfire Management Statement

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