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Glenelg Planning Scheme Amendment

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Glenelg Planning Scheme Amendment Planning and Environment Act 1987 GLENELG PLANNING SCHEME AMENDMENT C76 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Glenelg Shire Council, who is the planning authority for this amendment. The amendment has been made at the request of the Glenelg Shire Council. Land affected by the amendment The amendment, with regard to planning scheme map changes, applies to land within or near the settlements of Dartmoor, Heywood, Cape Bridgewater, Narrawong, Tyrendarra, Sandford, and Portland. Six properties in rural areas of Allestree, Condah, Lindsay, Mumbannar, Strathdownie and Hotspur are also affected. A total of 63 properties and road reserves are affected by proposed changes to zone and overlay maps and are listed at the end of this report (see Attachment to Explanatory Report). The amendment also affects all properties contained in the existing Special Use Zone under Schedules 1 to 6 with regard to proposed changes to the land use tables. The scheduled areas occur in Portland and the localities of Dutton Way, Allestree, Heywood and Breakaway Creek. What the amendment does The amendment corrects anomalies and updates land zonings in the Glenelg Planning Scheme. The changes to zone and overlay maps are to recognise existing use, development and ownership of land. The amendment affects Planning Scheme Map Nos. 5, 9, 14, 16, 20, 22, 23, 26, 30, 31, 32, 33, 34, 35, 38, 34ESO and 34BMO. The amendment includes two new schedules (7 and 8) to the Special Use Zone (SUZ) as part of rezoning to recognise golf courses in Heywood and Dartmoor. The amendment also proposes to replace redundant land use terms in the land use tables for six current SUZ schedules (1 to 6). A summarised explanation of the proposed changes for each property and SUZ schedule is attached at the end of this report (see Attachment to Explanatory Report). Strategic assessment of the amendment • Why is the amendment required? The amendment is required to correct and update zoning and overlay anomalies in the Glenelg Planning Scheme maps. The amendment is also required to replace land use terms in Subclause 1.0 of SUZ schedules 1 to 6 that have been made redundant under the Victoria Planning Provisions. Two new SUZ schedules (7 and 8) are also required as a consequence of proposed zoning changes to recognise golf courses. Correction and update of zone and overlay mapping and schedule anomalies will improve the currency, general operation and effectiveness of the Glenelg Planning Scheme. Council has undertaken similar corrections and updating amendments in the past including Amendment C47, C49, C50 and most recently C56. This amendment helps to exercise Council’s duty under Section 12(1)(c) of the Planning and Environment Act 1987 (the Act) to “ review regularly the provisions of the planning scheme for which it is a planning authority”. • How does the amendment implement the objectives of planning in Victoria? The amendment to correct and update zone, overlay and zone schedule anomalies is consistent with the objectives of Section 4 of the Planning and Environment Act 1987 . In particular, the Amendment will help to provide for the fair, orderly, economic and sustainable use and development of land. This is because rezoning of the subject properties would better reflect their context and individual circumstances. The replacement of redundant land use terms is also consistent with orderly planning and the proper implementation of the Victoria Planning Provisions. How does the amendment address the environmental effects and any relevant social and economic effects? Environmental Effects The extension of current zoning (RCZ1) and two overlays (ESO and BMO) at Cape Bridgewater will correct errors in the geographic coverage of the planning scheme. This also applies to a small extension of zoning coverage along the coast at Allestree. The extension of planning scheme coverage in these areas will help to avoid environmental impacts that could stem from the absence of planning controls under the scheme. Zoning changes to recognise public land, including reserves, will also help to avoid environmental impacts that might not otherwise be properly addressed through current incorrect zoning. Social and Economic Effects The Amendment will have positive social and economic effects by removing public zoning from private land and other zoning changes. These changes and the removal of redundant land use terms will remove an unnecessary burden on individuals to comply with inaccurate planning controls. • Does the amendment address relevant bushfire risk? Bushfire risk for each property affected by map changes will vary depending on its context, lot size and whether it is included in the Bushfire Management Overlay (BMO). Replacement of redundant land use terms in all current Schedules to the Special Use Zone will have no impact on fire risk. Of the 63 properties and road reserves affected by proposed map changes, 23 are included in the BMO on the Glenelg Planning Scheme maps. Some properties not included in the BMO are vegetated or in close proximity to forests and plantations. Some of the proposed changes have implications for future development in high fire risk areas. However, fire risk for these properties will continue to be addressed because adequate planning controls will be in place to address this issue. Examples include: • Rezoning to generally recognise existing rural residential development in Dartmoor will not alter the current inclusion of these properties in the BMO. The presence of the BMO will require any proposed new dwellings on several vacant blocks to meet the requirements of the overlay. • The conversion of large privately owned rural lots (i.e. with individual areas in excess of 40 hectares) from public zoning to the Farming Zone (FZ) will make dwelling use as-of-right. However, all of these large lots are currently included in the BMO. Consequently, any proposed new housing development will also need to meet the requirements of the overlay. • One rural lot proposed to be converted from public zoning to FZ does not occur in the BMO. However, this lot has an area below 40 hectares. Consequently, any proposed dwelling would still require a permit in circumstances where existing policy and decision guidelines under the scheme require fire risk to be addressed. In any case, the privately-owned lot already contains a timber plantation and is not appropriate to be left in public zoning. Many of the proposed corrections were identified on structure plans contained in the Glenelg Sustainable Settlement Strategy (GSSS), which was adopted by Council in June 2012. The amendment addresses relevant bushfire risk in relation to these plans because they have previously been considered twice by the Country Fire Authority (CFA). The CFA’s principle areas of concern were settlements that are included in the Bushfire Management Overlay (BMO). These include Dartmoor, Cape Bridgewater and Tyrendarra. The CFA did not object to the proposed removal of FZ from the existing rural living area in Dartmoor or to the recognition of the public reserve at Tyrendarra because these areas were already included in the BMO. Changes at Cape Bridgewater were not identified on the relevant structure plan, three which propose to extend existing BMO boundaries. The other two changes at Cape Bridgewater and Bridgewater Lakes area propose to recognise Crown land. This will result in future accommodation uses or other uses that are sensitive to fire risk obtaining the consent of Crown land management. • 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 under section 7(5) of the Act and complies with Ministerial Direction number 11 on the strategic assessment of amendments. • How does the amendment support or implement the State Planning Policy Framework? Objective 4(1)(a) of the Act and the goal under Clause 10.02 of the SPPF seek “To provide for the fair, orderly, economic and sustainable use, and development of land .” The amendment helps to achieve this objective and goal by correcting and updating the application of zones that currently impede the use and development of land. Correcting errors in the geographic coverage of the planning scheme maps will contribute to the sustainable use and development of land. The replacement of redundant land use terms will help to properly implement the Victoria Planning Provisions. The amendment is consistent with State Planning Policy Framework, making proper use of planning controls. The following clauses are supported in this amendment: Clause 14 Agriculture, Clause 16.03 Rural Living & Rural Residential Development, Clause 17.02 Industry, and Clause 19.02 Cultural Facilities. • How does the amendment support or implement the Local Planning Policy Framework? The amendment is considered consistent with the Local Planning Policy Framework. The proposed corrections of zone, overlay and schedule anomalies support the LPPF, as they do not conflict with its objectives or strategies. The rezoning of applicable land to reflect existing uses will also allow for relevant policies to be implemented more effectively. • Does the amendment make proper use of the Victoria Planning Provisions? The amendment meets the form and content requirements of the Victorian Planning Provisions. The amendment will remove and change controls from land which would otherwise impose unintended
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