Planning and Environment Act 1987

HORSHAM PLANNING SCHEME AMENDMENT C18 EXPLANATORY REPORT

Who is the planning authority?

The amendment has been prepared by the Horsham Rural City Council. The Horsham Rural City Council is the planning authority for this amendment.

Land affected by the amendment

The amendment affects the Rural .

What the amendment does

The objective of this amendment is to update and revise the Horsham Planning Scheme. The amendment does not change the strategic direction or policy position of the planning scheme. The amendment updates and refines the MSS, removes policies that duplicate other elements of the planning scheme, adds additional policy points to better deliver on strategic directions, revises overlay controls to produce better outcomes and corrects mapping errors.

Map / Clause No. Proposed Change Reason for Change New Map 1 ESO3 & Apply ESO3 (Watercourse Protection) to the ESO3 has been applied to the 6 ESO3 part of the north of River south of the Polkemmet Bridge. There Polkemmet Bridge. is no reason why it should not be applied to the northern section. Map 8 Rezone Part Crown allotment 3B, Parish of Plozzas land opposite golf course was not Horsham from Rural Living to Low Density mapped correctly as per planning panel's Residential Zone. requirements, as all of his title should be LDRZ. Map 10 HO Remove HO5(Leamont) from the corner of The heritage overlay was on the wrong Rose Street to Lot 1 LP11077 being the property corner of Brooks Ave and Road Map 10 Amend the boundary of the B4Z on the north Presently the B4Z extends partially into side of the Western Hwy to along Henry properties on the north side of Henry Street. Street to R1Z. These are residential properties and the boundary of the B4Z is Henry Street. Map 10 Rezone CA 5B (corner of Wawunna Road This property was formerly a railway and Railway Ave) from PUZ4 to R1Z. property. It has since been sold into private ownership. Map 13 Rezone Lots13(pt), & 14 LP209241, Lot 18 These properties are residential lots. An LP204490 and pts19 & 26 LP148935 Parish adjacent lot is public land and the PPRZ has of Horsham (Colla Crt and Heslop Crt) from been applied more extensively that it should PPRZ to RIZ be. Map 13 & 14 Change RLZ between R1Z and Burnt Creek This area is part of the Residential area and (Mardon Rd) to R1Z has been subdivided into Residential sized lots. Map 15 & 23 Rezone reserve adjacent to Dock Lake This public recreation reserve is presently PPRZ zoned Rural. Map 11 DPO & Remove DPO 2 from Rural zoned land DPO 2 Rural Living Development Plan is to 15 DPO between Wimmera River, Riverside East be applied to Rural Living zoned land to Road, Horsham Drung South Road and ensure rural living development has access Rural Living zoned land to appropriate infrastructure. Map 15 HO Remove HO 19(Dooen Hotel) and HO 20 These heritage overlays are on the wrong (former Dooen Store and Post Office) from properties. south of railway line and place on correct lots north of the line Map 20 Rezone CA 7 Section 8 Township of This public land is to be sold by the State Noradjuha from Public Use - Other to Government to the adjoining land owner. The Township. land is in the Noradjuha township on the southern side of the Horsham Noradjuha Road. Surrounding land is zoned Township. Map 24 SLO Apply SLO1 ( National Park) to All land on the south side of the Western CA 63 Parish of Golton Golton on the south Hwy, in the surrounds of the Grampians side of the Western Hwy National Park, was zoned SLO1. This lot of land was inadvertently excluded. Map 10 HO London Plane Tree, Horsham House, 27-29 This 100 year , 26.5m high tree has been Roberts Avenue, Horsham to be added as classified by the National Trust of Australia HO24 and needs to be added to the Heritage Overlay Map 29 Remove RDZ1 Zone from The existing mapped Henty Highway existing incorrect roadway to correct alignment doe not follow the Henty Highway alignment from Old Adelaide Road to Cherrypool Map 15 ESO3 & Remove ESO3 Overlay to Green Lake and ESO3 has been applied to Taylors and Map 23 ESO3 Taylors Lake. Green Lakes. There is no reason why it should be applied to these lakes. Map 10 Rezone part of Lot S2 PS317361 Parish of The PPRZ should be restricted to Part 1 only Horsham, Florence Street Horsham from and not intrude into Lot S2 PPRZ to RIZ Map 21 ESO3, Apply ESO3 to parts of McKenzie, Boggy, The existing ESO3 does not cover these Map 23 ESO3 & Burnt and Norton Creeks not already covered sections New Map 30 ESO3 Map 21 ESO3 & Apply ESO3 to Norton and Blackfellow The existing ESO3 does not cover these New Map 29 ESO3 Creeks sections Map 6 ESO3 Extend ESO3 to Natimuk Lake The existing ESO3 does not cover this section Clause 21 Update and refine MSS The MSS has been rewritten to update the issues and influences, remove excess material and introduce additional strategies to achieve the vision. The direction and objectives of the MSS have not been changed. Clause 22.01 – Delete this policy This policy duplicates strategic directions Central Activities expressed in the MSS. These directions are District Policy achieved through the selection of the appropriate zone. Clause 22.02 - Delete this policy This policy duplicates strategic directions Medium Density expressed in the MSS. These directions are Housing Precinct achieved through the selection of the Policy appropriate zone. Clause 22.03 – Delete this policy This policy duplicates strategic directions Hospital and Medical expressed in the MSS. These directions are Services Precinct achieved through the selection of the Policy appropriate zone. Clause 22.04 – Delete this policy This policy duplicates strategic directions Highway Commercial expressed in the MSS. These directions are Area Policy achieved through the selection of the appropriate zone. Clause 22.05 Insert requirement about ensuring access is This change adds an additional matter to be Commercial suitable for all types of vehicles using the considered in ensuring commercial Development Policy site. development is suitable. Renumber policy as a result of removal of other policies Clause 22.06 - Amend referral requirements to reflect areas The existing referral requirements of this Resource Protection of responsibility and interest of agencies. policy in some cases duplicate referral Policy Renumber policy as a result of removal of requirement of other legislation and other other policies referral requirements relate to issues that are not the responsibility of the nominated referral agency. Clause 22.07 – Refine and clarify these policy requirements The minimum subdivision size was not Small Lot Subdivision to better protect rural land, including removal appropriate as many properties in this area in the Rural Zone of the minimum subdivision size and have the house well setback from the road, Policy replacing it with a performance based and applications for excision were unable to requirement. A requirement regarding house meet the minimum specified. The lot excisions in the Riverside area has also requirement about the Riverside area been included. identifies this area as generally unsuitable for Renumber policy as a result of removal of further subdivision as the ability for it to be other policies used for productive agriculture has already been compromised. Clause 22.08 Renumber policy as a result of removal of Dam Policy other policies Clause 22.09 Remove requirements that duplicate zone Wartook Area Policy requirements (access and effluent disposal) Update water supply requirements Renumber policy as a result of removal of other policies. Clause 22.10 – Add an additional point in relation to tourism This change further clarifies Council’s Natimuk and Mt development at Mt Arapiles that clarifies that position with respect to this matter. Arapiles Area some small developments may be permitted Tourism Policy in the vicinity of this tourist attraction, although large facilities must be located in Natimuk or Horsham. Renumber policy as a result of removal of other policies Clause 22.11 – Add an additional policy point “Tourist This change further clarifies Council’s Natimuk Township development should be located within the position with respect to this matter. Policy Township boundary.” Renumber policy as a result of removal of other policies Clause 22.12 – Renumber policy as a result of removal of Low Density other policies Residential Policy Clause 22.13 – Renumber policy as a result of removal of Grampians Region other policies Water Authority Policy Clause 37.01 Replace the existing Schedule 1 to 37.01 The Horsham Golf Course is presently zoned (Special Use Zone) with a new Schedule 1 to SUZ1. The Schedule 1 to 37.01 relates to 37.01 Extractive Industry. SUZ1 has not been applied to any land used or to be used for extractive industry. There is not a schedule that relates to the golf course. Clause 42.01 Add “Natural water flows” the Decision This addition improves the consideration of Schedule 2 Guidelines of ESO 2 Natimuk Douglas issues under this overlay. Wetlands

Clause 42.03 Delete the following from Decision Guidelines This overlay does not require a permit for Schedule 2 & 3 of SLO 2 Mt Arapiles-Tooan State Park “The such development. desirability of allowing the construction of farm buildings associated with extensive animal husbandry or traditional crop raising without the requirement to clad the building in non reflective materials or muted shades” Delete the following from Notification of SLO 2 Mt Arapiles-Tooan State Park “excluding applications for dwellings and/or buildings associated with extensive animal husbandry or crop raising” Delete the following from Decision Guidelines of SLO 3 Grampians and Black Range Environs “The desirability of allowing the construction of farm buildings associated with extensive animal husbandry or traditional crop raising without the requirement to clad the building in non reflective materials or muted shades”

Why is the amendment required

The amendment is a result of the three year review of the Municipal Strategic Statement. The MSS review provided Council the opportunity to review the strategic directions for land use planning and test its performance in relation to these directions. The outcome of this review was that the direction it set itself three years ago is still considered relevant, but some changes were required to the MSS and other provisions of the planning scheme to continue to work towards this direction.

Impact of the amendment

Social and economic effects

The Horsham Planning Scheme, which includes the Horsham MSS, seeks to enhance the regional centre of Horsham as the commerce, service, entertainment and residential centre of the Wimmera. It also seeks to enhance agriculture and tourism opportunities and sustain smaller settlements, including Natimuk. The aim of these amendments is to continue to pursue these outcomes.

Environmental effects

The Horsham Planning Scheme, which includes the Horsham MSS, seeks to protect and improve the condition of the environment, including local waterways, native vegetation and soils. The aim of these amendments is to continue to pursue these outcomes. Minister’s Directions

The use and development envisaged by this amendment is not affected by any of the Minister’s Directions under Section 12 of the Planning and Environment Act 1987. The amendment is consistent with the Minister’s Directions on the Form and Content of Planning Schemes under Section 7 of the Act.

Strategic and Policy Justification of the Amendment

As discussed above, the proposed amendments to the Horsham Planning Scheme, arise from a review of the performance of the planning scheme. All of the amendments are seeking to better support the strategic directions of the planning scheme, which are;

• Enhancing the role of Horsham as the commerce, service, entertainment and residential centre of the Wimmera; • Sustainable management of the rural environment; • Sustaining small towns and settlements; • Controlling low density and rural living development.

Where you may inspect this amendment

Horsham Rural City Council Municipal Offices Roberts Ave Horsham

Department of Sustainability and Environment Western Region Office State Government Offices 402-406 Mair Street BALLARAT, 3350

Department of Sustainability and Environment Planning Information Centre Nauru House 80 Collins Street

Any person may make a submission about this amendment. Submissions should clearly state all of the grounds on which the amendment is supported or opposed. Any submission lodged is a public document.

All submissions must be sent to: Mr Kerryn Shade Chief Executive Officer Horsham Rural City Council P O Box 511 HORSHAM, 3402

Submissions must be received by: Monday 28th June 2004