ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

9.3 PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR ROAD Author: Ricardo Ramos - Statutory Planning Coordinator File No: PLP298/19 Attachments: 1. Advertising Map 2. Planning Policy Framework 3. Development Plans

Property No.: 122902 Title Details: Crown Allotment 19C Parish of Volume 09531 Folio 375 Applicant: SPIIRE Zoning: Farming Zone Overlays: Bushfire Management Overlay (partial) Objections Received: 27 submissions received - 16 objections and 11 support letters received Cultural Heritage Management No, the subject site is not located within an Plan Required: area of Aboriginal cultural heritage sensitivity Officer Declaration of Conflict No officers involved in the preparation of this of Interest: report have any direct or indirect interest in this matter

SITE MAP

MITCHELL SHIRE COUNCIL Page 88 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.)

SUMMARY The subject site is located at 1755 Seymour Tooborac Road, Glenaroua. The site is subject to the Farming Zone, is affected by the Bushfire Management Overlay and adjacent to a Road Zone Category 1. The application is seeking approval for three festivals per calendar year, one in March/April and two consecutive festivals in September/October, which will consist of four days per event (a total of twelve days per annum). A maximum number of 5,000 patrons is proposed at any one festival. The festivals will run from Thursday to Sunday and be held in Autumn and Spring, exact dates are not proposed. This is to provide flexibility around local community activities, weather and local authority requirements such as the CFA. The festivals will be focused on wellness and include workshops such as presentations, group discussions and classes. In terms of music, there is a silent disco proposed and evening concerts (noise is proposed to cease between 11:50pm and 7:00am), with no music or sound allowed. The sale and consumption of alcohol is not permitted at the events. The application was advertised extensively by sending notices to adjoining properties. To date 27 submissions have been received, 16 submissions objecting to the application and 11 submissions supporting the application. This report recommends the issuing of a Notice of Decision to issue the planning permit subject to conditions. Conditions include a limit on the use for five years to establish if the use can be conducted without impacting the amenity of the area at which point further permissions can be sought to continue the use as appropriate.

MITCHELL SHIRE COUNCIL Page 89 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) SITE AND SURROUNDS Subject Site Description The subject site is an irregularly shaped allotment with a land area of 45.47 hectares. The site contains a northern frontage to Seymour Tooborac Road, with a single crossover providing access to the site. Part of the western boundary adjoins an unmade road reserve, although an informal gravel track located within Crown Land currently provides access to the dwelling located to the west of the site, which the site can utilise. The site currently contains a single dwelling, which is located adjacent to the central driveway that contains planted native trees on each side. The site has an undulating topography, with the centre of the site forming the highest point. There are two dams on the site, with the majority of the site being clear of native vegetation (excepting planted vegetation). The road reserve adjoining the site is heavily vegetated with remnant native vegetation.

Planning Background No previous planning related outcomes have been determined for the site.

Title/Restrictions/Agreements The copy of title submitted with the application indicates that the subject site is not affected by any restrictive covenants or agreements, nor do any easements traverse the site.

Surrounding Area The surrounding area is mostly located within common zoning (Farming Zone), with dwellings scattered few and far between the area. The nearest dwelling is located approximately 100 metres from the western boundary, with other dwellings located along The Bridle Track to the south-east. Most of the land to the east, south and west is used for grazing or equine purposes. The Puckapunyal Military Area is located to the north of the subject site. The topography of the surrounding area is undulating, with vegetation mostly contained within patches along road reserves and watercourses to the east and west of the subject site. A number of dams can be found within the surrounding area. The subject site is located approximately 23 kilometres to the north-east of Tooborac, 24 kilometres to the west of Seymour and 32 kilometres to the south-east of Heathcote. Access to Seymour Tooborac Road is available via the Northern Highway to the west and the Hume Freeway to the east. The site can also be accessed from Broadford via Broadford-Glenaroua Road.

PROPOSAL The application is seeking approval for three festivals per calendar year, which will consist of four days over three weekends on an ongoing basis (a total of twelve days per annum).

MITCHELL SHIRE COUNCIL Page 90 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) Union Festival will be held in March/April and two Seven Sisters Festivals to be held over consecutive weekends in September/October. Specific days of the festival will be established in conjunction with the CFA and their recommendations. Proposed Use The proposal is for the use of land as a place of assembly (Seven Sisters Festival and Union Festival). The festivals are a wellness festival and focus on learning and healing. The festival will encompass the following: • Presentations, group discussions, yoga, meditation, dance classes and craft workshops; • Food, craft, product and jewellery stands; • A healing village with different practitioners offering treatments; • A silent disco; • Community art projects and retreat spaces (e.g. hammock land, a mums & bubs space); and • Live and acoustic music throughout the festival. Ancillary uses – Camping The camping area will be located within the eastern half of the site, with the western half of the site to be used for activities associated with the festival. Number of Patrons A maximum number of 5000 patrons is proposed which typically consists of approximately: • 4000 camping guests; • 450 daily guests; and • 500 staff. Hours of Operation The hours of operation are as follows: • Thursday (pre-event day): 10:00am to 10:00pm; • Friday (event day): 7:30am to 11:50pm; • Saturday (event day): 7:30am to 11:50pm; and • Sunday (event day): 7:30am to 5:55pm. Access and Car Parking Access to the proposed festival will be via the existing crossover to the subject site along Seymour-Tooborac Road. The crossover will be widened to enable two-way vehicle access (subject to VicRoads conditions). 3,500 car parking spaces are proposed to cater for patrons and will be located within the surrounding camping areas and to the west of the festival area.

MITCHELL SHIRE COUNCIL Page 91 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) There will also be two additional emergency vehicle access points to the south of the festival site. Built Form and Works The proposal involves the development of an operations centre, amenities, main stage, two storage structures and internal roads. The application drawings detail the proposed location, size, materials and finishes of the proposed built form. The proposed operations centre will be located within the northern portion of the site. The toilet and shower facilities will be located at various sections across the site. In addition, the main stage will be located along the sites north western portion. Works are also proposed to construct new internal roads, which will be required to facilitate the development. Specific details of the proposal are as follows: • Main Stage: The stage is proposed to measure 10m in length, 4m in height (1m floor height from ground level and an additional 3m to the ceiling) and 6m in depth. The stage will contain three closed walls with the stage to be open air. The stage is to be constructed on stumps.

• Festival Operations Centre (FOC): The FOC is to be constructed of converted shipping containers and pod roofs which will include:

o First aid; o Emergency control centre; o Site office; o Volunteer office; o Staff lounge; o Kitchen; o Undercover dining area; o Equipment storage; and o Workshop space. The FOC is proposed to measure 4.4m in height, with a total width of 35.1m and depth of 17.4m. This will consist of shipping containers (six 40ft containers and one 20ft container), a 50,000Lt water tank and two pod roofs. • Storage structure: The storage structure will be for both festival storage and agricultural storage associated with the management of the land outside of the festival. The structure will consist of two 20ft shipping containers with an arch dome connecting them. The dome will measure 6m as its highest point and 5m in width. The shipping containers each measure 2.4m in height and width and 6m in height.

MITCHELL SHIRE COUNCIL Page 92 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) • Shower blocks: Each shower block is to contain 10 shower stalls, will be serviced by a 50,000Lt water tank (water to be from an off-site supplier), with wastewater to be stored in an in-ground tank (which will be pumped and treated offsite).

• Toilet facilities: The toilet facilities are proposed to consist of compost toilets and requires no water to function. The proposal seeks to cluster 10 toilet blocks within the abovementioned locations. These facilities are also transportable. Amplified music The hours of amplified music are as follows: • Pre-Festival Day: 10:00am – 2:00pm (sound check) and 4:00pm – 10:00pm (background music, no live music); • Festival Day 1: 10:00am – 11:50pm; • Festival Day 2: 12:00pm – 11:50pm; and • Festival Day 3: 12:00pm – 5:55pm. No amplified music will occur between the hours of 11:50pm and 7:00am. Vegetation Removal The alterations to the existing access will include the removal of two native trees to facilitate safe sightlines along Seymour Tooborac Road. This will allow for the widening of the crossover to add a splitter island for appropriate traffic management.

PLANNING SCHEME PROVISIONS Zoning Farming Zone The site is found within the Farming Zone. Pursuant to clause 35.07-1, to use land as a place of assembly under the provisions of the Farming Zone. Pursuant to clause 35.07-4, to undertake buildings and works associated with a Section 2 land use (i.e. a place of assembly) under the provisions of the Farming Zone. Overlays Bushfire Management Overlay The subject site is affected by the Bushfire Management Overlay pursuant to Clause 44.06-2, to construct a building or construct or carry out works associated with a place of assembly under the provisions of the Bushfire Management Overlay.

Particular Provisions

Native Vegetation (Clause 52.17) A permit is required to remove, destroy or lop native vegetation (including dead native vegetation).

MITCHELL SHIRE COUNCIL Page 93 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road (Clause 52.29)

A permit is required to create or alter access to a road in a Road Zone, Category 1 (Seymour-Tooborac Road).

Bushfire Planning (Clause 53.02)

This clause applies to an application under Clause 44.06 - Bushfire Management Overlay. The provisions in this clause contain the specific measure which must be met to satisfy the Bushfire Management Overlay.

Planning Policy Framework (PPF) and Municipal Strategic Policy Framework (MSPF) There are a number of policies of the PPF and MSPF relevant to the consideration of this application. A full list of the applicable policies considered in the assessment of this application is included as an attachment to this report.

PUBLIC NOTIFICATION (ADVERTISING) Formal notification of the application was given by means of notices to owners and occupiers. A total of 16 objections have been received and are addressed in the section Objectors’ Concerns in this report. 11 submissions of support were also received. Attachment 1 outlines the properties that were notified.

REFERRALS The application was referred to the following authorities under Section 52 and Section 55 of the Planning and Environment Act 1987 pursuant to Clause 66 of the Scheme. VicRoads The application was referred to VicRoads who provided consent to the proposal subject to conditions. The conditions require annual submission of a Traffic Management Plan and a Memorandum of Authorisation for any traffic control devices. Country Fire Authority The application was referred to the CFA who provided consent to (CFA) the proposal subject to conditions on the planning permit. Department of The application was referred to the DELWP under Section 52. Environment, Land, DELWP objected to the grant of a permit. Please note, DELWP is Water and Planning not a determining authority. DELWP was required to provide notice (DELWP) to under the Mitchell Planning Scheme as an adjoining landowner.

DELWP leases the land to Parks Victoria who is the public land manager. Parks Victoria objected to the proposal as the public land manager. The concerns with the objections of DELWP and Parks Victoria have been addressed throughout this report and conditions recommended in any permit issued. Internal The application was referred to relevant internal departments whom have consented to the proposal.

MITCHELL SHIRE COUNCIL Page 94 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) DISCUSSION

Farming Zone (FZ) The proposed festivals are considered to meet the purpose of the FZ for the following reasons:

• The land will continue to be used for agricultural purposes when the festivals are not occurring. The festivals will only be held three times per annum, totalling twelve days per year and the remainder of the year the land will be returned for agricultural purposes. The permit will be restricted to five years at which point further permissions will be required to continue the use. • The proposal will not permanently remove agricultural land use from the site as the festival is only held three times per annum. • The proposal is not considered to adversely affect the use of land for agriculture and surrounding land uses. The subject site being over 45 hectares is largely vacant and can accommodate the festival and buildings and works without having any significant impact on adjoining land uses. • The festival promotes sustainable land management practices such as: o Composting toilets that do not produce liquid waste. o Wastewater will be treated as greywater and removed from the site. o All effluent will be taken offsite and not be contained on the land. o Promoting reusable cutlery, plates, cups to reduce waste. o Having recycling bins placed throughout the festival site. • The proposed festival comprises of minimal permanent structures and includes predominately temporary built form. As such, the proposal will not permanently remove the site from agricultural production. The permanent structures will remain onsite year-round; however, their siting is designed in a way to minimise any possible large-scale farming in the future.

The applicant has applied to use two shipping containers and a dome for the storage of agricultural equipment and festival storage (only permanent structures proposed). The use of these sheds for the storage of agricultural equipment and festival equipment is acceptable. However, the built form of this structure is not sympathetic to the surrounding area and will set a precedent as they are shipping containers. A condition will be placed on the permit to require amended plans to require it to blend and be more sympathetic to the surrounding area and not appear as shipping containers.

Lastly, a condition will be placed on the permit to ensure all temporary structures associated with the festival are removed from the site within two weeks of the festival completion.

Overlay Implications Bushfire Management Overlay

The subject site is partially affected by the bushfire management overly, as such a planning permit is required for the development on the site. The application contained the required bushfire management statement (including supporting documents) and

MITCHELL SHIRE COUNCIL Page 95 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) was referred to the CFA. The CFA have consented to the proposal subject to conditions on the planning permit.

The emergency accessway to gate D was removed as a result of DELWP and Parks Victoria objecting to the application. The permit applicant undertook discussions with the CFA regarding this, and an amended bushfire management plan and site plans were submitted removing the accessway. The CFA have consented to the amended bushfire management plans with the removal of the accessway. It is noted that gates B and C will provide for emergency vehicle access and the adjoining landowner at 120 Bridle Track has consented to this.

Amplified Music

Amplified music is proposed and will occur between the following hours:

• Pre-Festival Day: 10:00am – 2:00pm (sound check) and 4:00pm – 10:00pm (background music); • Festival Day 1: 10:00am – 11:50pm; • Festival Day 2: 12:00pm – 11:50pm; and • Festival Day 3: 12:00pm – 5:55pm.

The location and direction of the main stage within the site has been selected to reduce overall noise impact by orientating away from the closest dwellings. It is noted that from 10:00pm on weekday nights and 11:00pm on weekends, the noise level will not exceed 60 dB from the boundaries of the property.

Noise monitoring will be implemented by audio engineers throughout the festival and sound level meter readings will be taken on site for continuous monitoring to ensure sound will not exceed the required noise levels. Noise levels must comply with the State Environment Protection Policy (Control of Music Noise from Public Premises). This will be enforced via a condition on the planning permit. Further, a condition will be included on the planning permit to ensure that noise monitoring will be undertaken at the expense of the permit holder via a condition on the planning.

Amenity Impacts

Dwellings are located to the east, southeast and west of the site, with Puckapunyal Army Training Facility located to the north of the site. The location of the main stage (where amplified music will be held) is 300 metres from the nearest dwelling at 1825 Seymour-Tooborac Road. A letter of support for the festival has been provided from the resident at 1825 Seymour-Tooborac Road. In addition, the main stage will be located approximately 1 kilometre to the west of the existing dwelling (adjoining property) located at 1705 Seymour-Tooborac Road (whom objected to the application).

The festivals are drug and alcohol-free, with a focus on promoting well-being. A large aspect of the Sevens Sisters Festival and Union Festival is around connection, to each other and self-connection, which is achieved through yoga, meditation and quiet self-

MITCHELL SHIRE COUNCIL Page 96 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) reflection. It is considered that the festival will be relatively calm in manner as the emphasis is focused on well-being and patrons will be well behaved. General conditions will be included on the permit to ensure the amenity of the area is not detrimentally affected.

Waste Management

The festivals promote a high degree of sustainability, which includes composting toilets, removal of all wastewater from the site, and recycling (including organic waste). Staff are employed to ensure that recycling is sorted appropriately.

The site will utilise composting toilets which are a closed loop system and do not produce a liquid waste. The only wastewater generated will be from handwashing and showers that will be treated as greywater and removed from the site. All removal of wastewater will be in accordance with the EPA requirements and disposed at an appropriate facility.

Recycling will take place on site to ensure that waste is minimised. Festival participants are encouraged to reuse materials (i.e. keep cups, water bottles, plates, cutlery) and ensure that materials can be recycled. Further, all vendors are to be plastic free, therefore encouraged to utilise reuse plates and cutlery.

Economy and Tourism

The proposed use and development of the site will contribute to promoting economic development and tourism opportunities in Mitchell Shire. The Seven Sisters Festival and Union Festival will attract approximately 15,000 people (in total) to the region each year during the festival weekends with the possibility of return visits to the area throughout the year, promoting the Mitchell Shire as a place to visit.

The proposal also supports local industry as visitors will purchase local good and visit local shops/cafes. This type of tourism aims to facilitate rural tourism activities that support agricultural enterprises. Whilst the proposal does not directly involve agriculture, the amount of people the festival brings to the area could have secondary contribution and support on the existing or new rural based tourism activities such as glamping, bed and breakfast, wineries and business of the like. Therefore, the proposal is of a net community benefit.

Particular Provisions

Road Zone Category 1 – Seymour Tooborac Road.

The existing access onto the Seymour-Tooborac Road can accommodate the peak hour traffic likely to be generated by the proposal, being 195 vehicles per hour entering on Friday and 220 vehicles exiting per hour Sunday. The Traffic Impact Assessment submitted with the application concluded that the proposed use would have no adverse traffic impacts onto Seymour-Tooborac Road. However, it was recommended that one wide entry lane and one wide exit lane be provided at the existing access.

MITCHELL SHIRE COUNCIL Page 97 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.)

The number of vehicles accessing the site and widening is subject to VicRoads approval. Consultation prior to the application being lodged with VicRoads was sought to provide in-principle support. VicRoads provided in principle support subject to the traffic management plans requirements relating to access widening and memorandum of authorisation to be submitted for each festival to VicRoads.

Car Parking

The car parking rate for a Place of Assembly is 0.3 car spaces for each patron permitted. A maximum of 4,500 patrons are expected to be present at any one-time which results in the requirement for 1,350 car spaces to be provided on site. A total number of 3,500 car spaces are being provided on site which comfortably meets the requirements under Clause 52.06 – Car Parking of the Mitchell Planning Scheme.

Native Vegetation

In order to facilitate the widened entrance/exit into the site, it has been identified that one tree and one shrub which equates to 0.031 hectares of native vegetation, will be required to be removed. The entrance has been designed to minimise the loss of vegetation. Offsets have been provided to compensate for the loss of vegetation. An offset of 0.023 general habitat units is required and will be delivered within the Goulburn Broken Catchment Management Authority or Mitchell Shire Council.

It should also be noted that the landowner has planted over 2,500 trees on the subject site to provide screening from the neighbouring properties and improve the nature of the biodiversity of the area.

OBJECTORS’ CONCERNS The objections received in relation to the current proposal cover a number of matters and are addressed below: Advertising extent • The advertising was advertised to a wide area by sending notices to a wide area. Noise, including loud music • The decibel level of music will be controlled via conditions on the planning permit. Further the festival will only run three weekends a year (12 days per year), therefore leaving all other days and weekends noise free from the festival. Further, amplified music will be limited from 10:00am at the earliest until 11:50pm at the latest time. Sound testing will regularly occur to ensure that amplified music will be to an acceptable level. It is expected that there will be a level of noise from the festivals and this noise will be managed appropriately via conditions. Impacts on surrounding agricultural land, including other agricultural activities (such as horse breeding)

MITCHELL SHIRE COUNCIL Page 98 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) • The proposal is not foreseen to have any significant impact on other agricultural activities within the surrounding area. The festivals are held only 12 days of the calendar year, therefore if any agricultural impacts are to occur it would be limited to festival days. The festival area (not camping area) is located where it causes the least amount of impacts on the surrounding area which will further limit any impacts to agricultural activities in the surrounding area. Vehicle traffic, impact on roads • A traffic management plan was submitted with the application including recommendations. This report was submitted to VicRoads who are the relevant road authority. VicRoads consented to the proposal subject to access widening conditions to eliminate the congestion when entering and exiting the subject site.

VicRoads has also required a memorandum of authorisation to be submitted for each festival. This will ensure the accessing of each festival is to VicRoads satisfaction. Bushfire concerns (application not meeting requirements) & campfires • The application was referred to the CFA who have consented to the proposal subject to conditions. The permit holder must accord with the requirements of the bushfire management plan and the bushfire management statement, this will eliminate risk to human life.

In regard to campfires, a condition will be placed on the permit to ensure there are no campfires on site when a festival is held. Waste and rubbish concerns • A waste management plan is submitted with the applications and considered satisfactory. The festivals are promoting environmental sustainability and seek to reduce waste by ensuring attendees and food stalls bring their own cups, plates and cutlery. Further recycling is encouraged, and plastic is limited, therefore reducing waste impacts on the subject site. All waste will be disposed of offsite with a waste company. Wastewater treatment • Conditions are placed on the planning permit to ensure that wastewater complies with the relevant EPA requirements. Mobile network • The impact on the mobile network has no bearing on the assessment of this planning permit application. Non-compliance with the Farming Zone • A place of assembly is a Section 2 use under the planning scheme. The festival will run only 12 days of the year, leaving all other days suitable for agricultural purposes. Impacts on local business

MITCHELL SHIRE COUNCIL Page 99 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) • The festival is foreseen to provide economic growth to the area by its attendees. This will include people using local shops, pubs, accommodation and bring tourism to the region. Impacts on wildlife • The paddocks are largely clear of vegetation, therefore limiting the amount of wildlife that enter the site. As it occurs naturally, it is expected wildlife will avoid the festival site. Detrimental to the sale of surrounding property • The sale of surrounding property and devaluation of property is not a consideration of any planning permit application. Potential people wandering on the land • Festival attendees must remain in the permitted area approved under the planning permit. If festival attendees wandered off and trespassed on another property, this would be an issue dealt with by Victoria Police. Due to the festival being focused on wellness, it is not foreseen that people wandering will be an issue. Emergency Management • An emergency management plan will be required to be submitted six weeks prior to each event and to the satisfaction of the relevant authorities. Advising surrounding residents of a festival • A condition will be included on the planning permit to ensure that residents within three kilometres of the site will be advised when a festival is to occur. Drug and alcohol use at the festival. • The festival is alcohol and drug free. The planning permit application did not include the sale and consumption of liquor.

LETTERS OF SUPPORT The letters of support received and supporting comments are summarised below: • The festival supports a safe and supportive environment and is focused on wellness. • Includes people of all ages and demographics including all types of women, including corporate, retired, stay at home mums, single women, working parents, disabled and people from different geographical locations within . The festival is open to all types of people from different background and is a positive environment. • The festival is an alcohol and drug-free and does not encourage partying, but rather happiness. • Brings economic wealth to the region, including local shops, bed and breakfast, and other types of accommodation.

MITCHELL SHIRE COUNCIL Page 100 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) • Creates a network of friends and support for people who battle mental and physical illness. • The festival teaches people new skills and experiences by the various programs. • The campsites are quiet at night and a very peaceful area to sleep and relax. • The festival promotes sustainability and recycling, creating a positive environmental outcome. • Festival promoters and attendees respect the environment and the surrounding agricultural area. • It is a positive festival to attend as a family (i.e. grandmother, mothers, daughter and grandchildren).

CONCLUSION This report establishes the planning basis to support the proposal at 1755 Seymour- Tooborac Road, Glenaroua. In particular, this report should be supported for the following reasons: • The proposal accords with the relevant planning policy and provisions contained in the Planning Scheme; • The proposal accords with the relevant decision guidelines of the FZ; • The proposal will not result in any adverse risk to bushfire and accords with the provisions of the Bushfire Management Overlay; • The proposal will contribute positively to the local economy and will improve tourism by encouraging visitors to the region; • The proposal will not have a negative impact on surrounding agricultural land uses by way of noise, the spread of noxious weeds, trespassing and traffic issues; • The surrounding local road network and infrastructure is capable of supporting the proposed land use; • The proposed access arrangements comply with the requirements of Clause 52.29, VicRoads requirements; • The proposal will not put strain on existing emergency services within the community; • The proposal won’t result in any adverse environmental impacts and accords with the requirements of Clause 52.17 (Native Vegetation); and • The proposal will not result in any unreasonable acoustic impacts on surrounding properties. For the above reasons it is considered that the proposal is compliant with planning policy, the Mitchell Planning Scheme and allows for the opportunity for a business to grow within Mitchell Shire and is supported subject to conditions.

MITCHELL SHIRE COUNCIL Page 101 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.)

RECOMMENDATION THAT Council having complied with the relevant Sections of the Planning and Environment Act 1987, resolve to issue a Notice of Decision to grant a permit in respect of application No. PLP298/19 for use and development of the land as a place of assembly, alteration of access to a Road Zone Category 1 and removal of native vegetation at Crown Allotment 19C Parish of Puckapunyal Volume 09531 Folio 375, known as at 1755 Seymour Tooborac Road, Glenaruoa, subject to the following conditions: Amended Plans

1. Before the use starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and an electronic copy must be provided. The plans must be generally in accordance with the application plans but further modified to show: a. Removal of the accessway from Seymour-Tooborac Road to Gate D. b. All permanent structures be re-designed so they do not appear as shipping containers and must be cladded and in a colour to blend with the surrounding environment. c. Land Management Plan. General Conditions

2. The layout of the use and the development as shown on the endorsed plans must not be altered or modified unless otherwise agreed in writing by the Responsible Authority. 3. The extent of vegetation to be removed, as shown on the endorsed plans and documents must not be altered or modified unless otherwise agreed in writing by the Responsible Authority. 4. The use and/or development must be managed so that the amenity of the area is not detrimentally affected though the: a. transport of materials, goods or commodities to or from the land; b. appearance of any buildings, works or materials; c. emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, reflection or glare, steam, soot, ash, dust, wastewater, waste products, grit or oil; d. the presence of vermin; and e. in any other way. to the satisfaction of the Responsible Authority.

MITCHELL SHIRE COUNCIL Page 102 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) 5. Construction activities must be managed so that the amenity of the area is not detrimentally affected through the: a. transport of materials, goods or commodities to or from the land; b. inappropriate storage of any works or construction materials; c. hours of construction activity; d. emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, reflection or glare, steam, soot, ash, dust, waste and storm water runoff, waste products, grit or oil; e. presence of vermin; and f. in any other way. g. to the satisfaction of the Responsible Authority. 6. Car spaces, access lanes and driveways must always be kept available for these purposes and maintained to the satisfaction of the Responsible Authority. 7. The discharge of water from the land must be controlled around its limits to prevent any discharge onto any adjacent property or streets other than by means of an approved drainage system discharged to an approved outlet in a street or to an underground pipe drain to the satisfaction of the Responsible Authority. 8. Stormwater works must be provided on the subject land to prevent overland flows onto adjacent properties. 9. All waste material not required for further onsite processing must be regularly removed from the land. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created to the satisfaction of the Responsible Authority. 10. All buildings must be maintained in good order and appearance to the satisfaction of the Responsible Authority. 11. All lighting must be designed, baffled and located to prevent any adverse effect from light spill on adjoining land to the satisfaction of the Responsible Authority. 12. At all times during the operation of the use, there must be present on the premises a person over the age of 18 years who is responsible for ensuring that the activities on the premises and the conduct of persons attending the premises do not have a detrimental impact on the amenity of the area (referred to in this permit as "the manager"). 13. The manager must be authorised by the operator under this permit to make statements at any time on his/her behalf to any officer of the Responsible Authority and of the Victoria Police and/or to take action on his/her behalf in accordance with a direction by such officer. 14. If the festival falls on an extreme or code red rated fire danger, the festival will be cancelled. 15. Before the use commences the owner must enter into an agreement with the Responsible Authority made pursuant to Section 173 of the Planning and

MITCHELL SHIRE COUNCIL Page 103 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) Environment Act 1987 and the agreement must be registered on the title/s to the land under Section 181 of the Act. The agreement must provide that: a. The land must be continually managed in accordance with the actions and requirements of the land management plan, unless otherwise agreed in writing by the Responsible Authority b. Should the land cease to be managed in accordance with a land management plan approved by the Responsible Authority, the use must cease. c. The owner of the land must acknowledge the agricultural activity occurring on surrounding farmland, the potential amenity impacts associated with the farming use and note that the level of amenity expected in the farming zone will not be the same as experienced in a residential area The owner must pay the reasonable costs for the preparation, execution and registration of the Section 173 Agreement.

Before the use commences, a copy of the Titles Office registration number (dealing number) for the Section 173 Agreement must be provided to Council as proof of registration.

Hours of Operation 16. Unless otherwise agreed in writing the festival is only permitted to operate on a maximum of three occasions per calendar year and only within March, April, September and/or October. The responsible authority must be notified in writing at least three months prior to any permitted event occurring. 17. Except with the written consent of the Responsible Authority, the use may operate only between the hours of: a. Thursday: 10:00am to 10:00pm; b. Friday: 7:30am to 11:50pm; c. Saturday: 7:30am to 11:50pm; and d. Sunday: 7:30am to 5:55pm. Amplified Music 18. Except with the written consent of the Responsible Authority, amplified music must occur between the hours of: a. Thursday: 10:00am – 2:00pm (sound check only) and 4:00pm – 10:00pm; b. Friday: 10:00am – 11:50pm; c. Saturday: 12:00pm – 11:50pm; d. Sunday: 12:00pm – 5:55pm.

MITCHELL SHIRE COUNCIL Page 104 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) Noise Conditions 19. Noise emissions from the subject premises, must comply with the relevant State Environment Protection Policy at all times with permissible noise levels determined from those policies to the satisfaction of the Responsible Authority. 20. Noise monitoring of each festival must be undertaken by a suitably qualified acoustic engineer, at the cost of the operator, at a minimum of five surrounding residential properties, locations to be agreed in writing with Council, to ensure compliance music permitted hours under this permit and State Environment Protection Policy. Pre-Festival Conditions 21. No less than thirty (30) days prior to the first day of each festival; a. The permit holder must provide notification to all lots within 3 kilometres from the lot boundaries of the subject site advising of the dates, times, contact information for emergency services and managers name, including contact details. b. Agreement in writing with Responsible Authority the noise monitoring locations. 22. No less than sixty (60) days prior to the first day of each festival, the permit holder must submit to the Responsible Authority: a. The following plans, generally in accordance with the plans submitted and updated to the relevant event: i. Waste Management Plan. ii. Emergency Management Plan. iii. Risk Management Plan. iv. Noise Management Plan. v. Fire Management Plan. vi. Emergency Management Plan. vii. Vehicle Camping and Pedestrian Management Plan. viii. Sustainability and Policy Report. b. Written confirmation of the festival dates, including approval from the CFA. c. Written confirmation from the adjoining landowner at 120 Bridle Track, Glenaruoa, for the use of emergency access. d. The names and contact details of the festival director, head management staff and all external service provides including medical support staff for the festival. e. An environmental management plan must be submitted to the satisfaction of the Responsible Authority. Plan is to include the following;

MITCHELL SHIRE COUNCIL Page 105 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) i. Sediment control techniques to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system, waterways, roads, streets or reserves; ii. Methods to control erosion and the flow of water to nominated points of discharge; iii. Methods to prevent and manage illegal dumping on the land; iv. Methods to ensure that only EPA clean fill material is imported/exported to and from the site; v. Location of and details of the Tree Protection Zones around the trees to be retained as shown on the endorsed plans; vi. Methods for weed and pathogen management; vii. Designated machinery wash down and storage location; viii. Methods to protect Environmental fauna and flora; ix. Methods to control spill and storage of hazardous chemicals; x. Methods identify, report, and protect the discovery of archaeological and or heritage objects; xi. Methods to ensure earthwork disturbed areas will have adequate vegetation cover after a period of 6 weeks of absence; and xii. Methods to ensure that the festival organisers that are on the land are aware of the requirements of the all Management Plans and any other obligations of the planning permit. f. The internal traffic management for the use must be in accordance with the following requirements: i. The car parking of all vehicles must be confined to the festival boundary within the designated parking areas on the endorsed plan. ii. Parking attendants must be present at all times to ensure free flowing traffic movements within the site and that all access/egress at the site is in a forward movement. iii. Onsite parking must be generally in accordance with the relevant Standards. To the satisfaction of the Responsible Authority.

23. A traffic management plan prepared by a suitably qualified and experienced person for vehicle movements to and from the site 60 days prior to the start of the festival, to the satisfaction of the Responsible Authority. The traffic management plan must provide for: a. Proposed routes to and from the subject site; b. Expected vehicle movements to and from the site;

MITCHELL SHIRE COUNCIL Page 106 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) c. Site access arrangements for vehicles; d. Measures proposed to mitigate traffic impacts resulting from the use; e. Road signage including location type and size.

Festival Requirements 24. For each festival, the following is required: a. A public address system must be installed throughout the site to advise patrons of any emergency on the site. b. No more than 5000 patrons and staff may be permitted on the land at any one time. c. No campfires or cooking within camping area are permitted during the operation of the festival. d. No fireworks, including pyrotechnics are permitted during the operation of the festival. e. No domestic animals are allowed at the festival. f. Fencing constructed along the permit boundary. unless otherwise agreed in writing by the Responsible Authority.

Post-Festival Conditions

25. Following each festival: a. The participants (excluding staff) must vacate the property by 5:00pm on the day immediately after the festival occurs. b. All temporary structures erected on the site, including signage and waste must be removed from the site no later than two weeks after completion of a festival. c. A Noise Impact Assessment Report must be submitted to the Responsible Authority no later than 30 days after each festival, the report must address results of noise monitoring required by noise monitoring condition (condition 20). d. Within four (4) weeks of an festival concluding, a post festival review report must be supplied to Council which provides details of an overall analysis of the festival including persons evicted, any festivals involving intoxication/drug/violence, use of the CFA, Victoria Police, Ambulance Victoria, noise complaints received, actions taken to these complaints and the final response. To the satisfaction of the Responsible Authority.

MITCHELL SHIRE COUNCIL Page 107 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) Environmental Health

26. Management of wastewater for the proposed activity must be in accordance with EPA requirements. The applicant must submit a Pathways Application to the EPA for assessment of the management of wastewater and comply with any requirements set by the EPA. 27. No buildings or works shall occur over any part of the approved waste disposal system including the septic tank in accordance with the requirements of the Environment Protection Act 1970, the Guidelines for Environmental Management: Code of Practice – Onsite Wastewater Management 891. 4 (2016). Environment

28. In order to offset the removal of 0.031 hectares of native vegetation and 1 scattered tree, approved as part of this permit, the permit holder must provide a native vegetation offset that meets the following requirements, and is in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual. The offsets must: a. A general offset of 0.023 general habitat units b. Be located, preferably within the Mitchell Shire or failing this the Goulburn Broken Catchment boundary. c. With a minimum strategic biodiversity score of at least 0.424 29. Before any native vegetation is removed, evidence that an offset has been secured and meets the requirement of the permit must be provided to the satisfaction of the Responsible Authority. Offset evidence can be either: a. A security agreement for the offset site or sites, including a 10-year offset management plan b. A credit register extract from the Native Vegetation Credit Register. 30. Every year after the offset has been secured (except for offsets on the native vegetation credit register), the permit holder must provide notification to the Responsible Authority of the management actions undertaken towards the implementation of the offset management plan for a period of ten years. An offset site condition statement, including photographs must be included in this notification to the satisfaction of the Responsible Authority. 31. Any metal fence posts (star pickets) must have yellow caps on the top. 32. All construction of stages, placement of temporary infrastructure such as portable toilets etc must be set back at least 15 metres from existing trees on the property. Management Plan Requirements

33. No less than sixty (60) days prior to the start of each festival, to the satisfaction of the Responsible Authority an environmental management plan must be

MITCHELL SHIRE COUNCIL Page 108 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) submitted to the satisfaction of the Responsible Authority. Plan is to include the following; a. Sediment control techniques to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system, waterways, roads, streets or reserves; b. Methods to control erosion and the flow of water to nominated points of discharge; c. Methods to prevent and manage illegal dumping on the land; d. Methods to ensure that only EPA clean fill material is imported/exported to and from the site; e. Location of and details of the Tree Protection Zones around the trees to be retained as shown on the endorsed plans; f. Methods for weed and pathogen management; g. Designated machinery wash down and storage location; h. Methods to protect Environmental fauna and flora; i. Methods to control spill and storage of hazardous chemicals; j. Methods identify, report, and protect the discovery of archaeological and or heritage objects; k. Methods to ensure earthwork disturbed areas will have adequate vegetation cover after a period of 6 weeks of absence; and l. Methods to ensure that the festival organisers that are on the land are aware of the requirements of the all Management Plans and any other obligations of the planning permit.

Traffic Management Requirements

34. The internal traffic management for the use must be in accordance with the following requirements 60 days prior to the start of the festival, to the satisfaction of the Responsible Authority. a. The car parking of all vehicles must be confined to the festival boundary within the designated parking areas on the endorsed plan. b. Parking attendants must be present at all times to ensure free flowing traffic movements within the site and that all access/egress at the site is in a forward movement. c. Onsite parking must be generally in accordance with the relevant Standards.

35. A traffic management plan prepared by a suitably qualified and experienced person for vehicle movements to and from the site 60 days prior to the start of

MITCHELL SHIRE COUNCIL Page 109 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) the festival, to the satisfaction of the Responsible Authority. The traffic management plan must provide for: a. Proposed routes to and from the subject site; b. Expected vehicle movements to and from the site; c. Site access arrangements for vehicles; d. Measures proposed to mitigate traffic impacts resulting from the use; e. Road signage including location type and size. f. The approved traffic management plan must be implemented for all festivals operated under this use.

Reinstatement Requirements 36. Any road, footpath and/or other infrastructure damaged as a result of the festival (including but not limited to trenching and excavation for utility service connections, movement of vehicles and the likes), must be reinstated to the satisfaction of the Responsible Authority and at the cost of the permit holder.

Department of Transport 37. Prior to the commencement of any works hereby approved by this permit, the following works must be undertaken to the satisfaction of and at no cost to VicRoads: a. The existing unsealed crossover must be sealed and constructed generally in accordance with VicRoads’ standard drawing SD2066 but be at a full width of 15 metres. The seal of the crossover must commence from the arterial road and extend to the boundary of the private property/road reserve. b. The splitter island must extend toward the arterial road and must have a Keep Left sign (code: R2-3(L), B size) at each end facing opposite from each other. c. No entry signs (code: R2-4, B size) must be installed on both sides of each access points facing in following directions: i. At the entry access, located within the subject land, facing away from the arterial road; and ii. At the egress, located nearer to the end of the extended splitter island within that arterial road reserve and facing toward the arterial road. 38. Prior to the commencement of the development hereby approved by this permit commences use for every event: a. A Traffic Management Plan must be prepared by a VicRoads pre-qualified consultant, to be submitted and approved by VicRoads; and b. Memorandum of Authorisation for this event must be obtained from VicRoads.

MITCHELL SHIRE COUNCIL Page 110 ORDINARY COUNCIL MEETING AGENDA 20 APRIL 2020

PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.) CFA Conditions

Buildings and Works - Bushfire Management Plan endorsed

39. The Bushfire Management Plan (prepared by SPIIRE, drawing no.s 306331-V1- BMP (ECC Building) & 306331–V1-BMP (Stage), dated 24/10/2019) must be endorsed to form part of the permit and must not be altered unless otherwise agreed in writing by the CFA and the Responsible Authority.

Mandatory condition to Clause 44.06-5 – Building and works

40. The bushfire protection measures forming part of this permit or shown on the endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the responsible authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

Festival / Event Emergency Management / Fire Management Plans

41. No less than sixty (60) days prior to any event being held on the site, a comprehensive Emergency Management Plan (encompassing a customized Fire Management Plan) must be submitted to CFA for review. 42. The Emergency Management Plan and Fire Management Plan must be of a satisfactory standard no less than 5 working days from the start of the bump in process for the event and once approved, will form part of the endorsed plans for which the event must be conducted in accordance with.

Permit Expiry 43. This permit will expire if one of the following circumstances applies: a. The development and vegetation removal is not started within two years of the date of this permit. b. The development is not completed within four years of the date of this permit. c. The use is not started within four years of the date of this permit. d. The use is discontinued for a period of two years. e. Five years after the date of issue of the permit.

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PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA (CONT.)

MITCHELL SHIRE COUNCIL

Council Meeting Attachment

DEVELOPMENT AND INFRASTRUCTURE

20 APRIL 2020

9.3 PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA

Attachment No: 1 Advertising Map

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Advertising Map

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MITCHELL SHIRE COUNCIL

Council Meeting Attachment

DEVELOPMENT AND INFRASTRUCTURE

20 APRIL 2020

9.3 PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA

Attachment No: 2 Planning Policy Framework

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PLANNING POLICY FRAMEWORK

Clause 13.02-1S ‘Bushfire’ contains the following objective:

- ‘To strengthen the resilience of settlements and communities to bushfire through risk- based planning that prioritises the protection of human life.’

Clause 12.01-1S ‘Protection of Biodiversity’ aims:

- ‘To assist the protection and conservation of Victoria’s biodiversity.’

Clause 12.01-2S ‘Native Vegetation Management’ seeks:

- ‘To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation.’

Clause 13.02-1S ‘Bushfire Planning’ contains the following objective:

- ‘To strengthen the resilience of settlements and communities to bushfire through risk- based planning that prioritises the protection of human life.’

Clause 13.05-1S ‘Noise Abatement’ seeks to:

- ‘Ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area’

- - Relevant policy documents include the ‘State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2’.

Clause 13.07-1S ‘Land Use Compatibility’ contains the following objective:

- ‘To safeguard community amenity while facilitating appropriate commercial, industrial or other uses with potential off-site effects.’

Clause 14.01-1S ‘Protection of Agricultural Land’ aims to protect productive farmland which is of strategic significance in the local or regional context.

Clause 14.01-2S ‘Sustainable Agricultural Land Use’ seeks to ensure agricultural and productive rural land use activities are managed to maintain the long-term sustainable use management of existing natural resources.

Clause 17 ‘Economic Development’ states that:

- ‘Planning should provide for a strong and innovative economy, where all sectors are critical to economic prosperity.’

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Clause 17.01-1R ‘Diversified Economy – Hume’ contains the following relevant strategy:

- ‘Encourage appropriate new and developing forms of industry, agriculture, tourism and alternative energy production.’

Clause 17.04-1S ‘Facilitating Tourism’ contains the following objective:

- ‘To encourage tourism development to maximise the economic, social and cultural benefits of developing the state as a competitive domestic and international tourist destination.’

- Relevant strategies include creating innovative tourism experiences and encouraging investment that meets demand and supports growth in tourism.

Clause 17.04-1R ‘Tourism – Hume’ includes the following relevant strategy:

- ‘Facilitate rural tourism activities that support agricultural enterprises such as cellar door and farm gate sales and accommodation in appropriate locations.’

Clause 18.02-4S ‘Car Parking’ contains the following objective:

- ‘To ensure an adequate supply of car parking that is appropriately designed and located.’

LOCAL PLANNING POLICY FRAMEWORK

The Local Planning Policy Framework provides the local policy context for land use and development within Mitchell Shire.

MUNICIPAL PLANNING STRATEGY

Clause 21.01 ‘Mitchell Shire’ states that Mitchell has a diverse employment base, without being reliant or dependent upon a single employer or industrial sector. The employment sector includes retail and community services in the major towns, and agriculture and the service sector more broadly throughout the Shire. The tourism sector, which attracts 456,000 visitors per annum, is principally serviced by single operators and small businesses.

The Mitchell 2020 – Community Plan describes the Council and community vision and priorities for the next 10 years and establishes a shared basis for joint planning, service delivery and advocacy.

The Mitchell 2020 ‘vision’ includes the following:

- ‘Mitchell Shire in 2020 will be seen as a municipality that has embarked upon a journey of significant growth. In doing so it will have been recognised for achieving sustainable outcomes and prosperity for its distinctive communities. Mitchell will be a sought-after location in which to actively live and work. Visitors will seek to explore the many and varied experiences within the Shire.’

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Clause 21.03-1 ‘Biodiversity’ seeks to protect and enhance indigenous flora, fauna and habitat. A key strategy includes:

- ‘Revegetate and connect bio-links, including along watercourses.’

Clause 21.08 ‘Economic Development’ seeks to facilitate new development and employment opportunities in business, industry and tourism. Key objectives and strategies that are relevant to the proposal are provided overleaf.

Objectives

- ‘To facilitate new development and employment opportunities in business, industry and tourism.’

- ‘To facilitate Mitchell becoming a recognised tourist destination.’

Strategies

- ‘Support and develop the tourism industry. - Encourage new uses that promote or assist local tourist attractions and visitation.

MITCHELL SHIRE COUNCIL Page 117 Item 9.3 - Attachment 2 Planning Policy Framework

MITCHELL SHIRE COUNCIL

Council Meeting Attachment

DEVELOPMENT AND INFRASTRUCTURE

20 APRIL 2020

9.3 PLANNING PERMIT APPLICATION PLP298/19 FOR USE AND DEVELOPMENT OF THE LAND AS A PLACE OF ASSEMBLY, ALTERATION OF ACCESS TO A ROAD ZONE – CATEGORY 1 AND REMOVAL OF NATIVE VEGETATION AT 1755 SEYMOUR TOOBORAC ROAD GLENAROUA

Attachment No: 3 Development Plans

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