Planning and Environment Act 1987

MOIRA PLANNING SCHEME

AMENDMENT C13

EXPLANATORY REPORT

Who is the Planning Authority? This amendment has been prepared by the Moira Shire Council. The Moira Shire Council is the Planning Authority for this amendment.

Land affected by the Amendment. The amendment affects land in all areas of the municipality.

What the Amendment does. The Amendment implements the recommendations of the recently completed “Three Year Review” of the performance of the Moira Planning Scheme since 1999. The Amendment comprises the following:

Clause 21 - Municipal Strategic Statement This part involves a completely new MSS to reflect the recommendations of the Three Year Planning Scheme Review which provides the broad strategic framework for the local policies and controls. The Municipal Strategic Statement has been developed as the overall land use strategy for the Moira Shire. The Statement is to be read in conjunction with Council’s Community Plan which provides the overall corporate direction for the Shire.

Clause 21.01 provides a brief overview of Moira Shire and identifies the three key strategic issues that need to be addressed arising from this overview. These three issues are listed in accordance with their classification in the State Planning Policy Framework (SPPF) – Environment; Settlement; and Economic Development.

Clause 21.02 contains the vision for the Shire based on its current Community Plan.

Clause 21.03 contains Council’s environment strategy and describes the way in which this strategy will be implemented.

Clause 21.04 describes Council’s settlement strategy and describes the way in which this strategy will be implemented. Town Structure Plans are provided for the four major townships in the Shire (, Nathalia, and Yarrawonga) as well as for the Yarrawonga to corridor.

Clause 21.05 describes Council’s economic development strategy and describes the way in which this strategy will be implemented. Clause 21.06 describes the manner in which Council will monitor and review the performance of the Moira Planning Scheme.

Clause 21.07 lists a number of reference documents that have influenced the strategies contained within the Statement.

Clause 22 - Local Planning Policies This part involves the introduction of a completely new suite of local policies into the scheme as follows:

• Clause 22.01 – Small lot subdivision in Rural Areas Policy • Clause 22.02 – Housing in Rural Areas Policy • Clause 22.03 – Application Notification Policy • Clause 22.04 – Highway Environs Policy • Clause 22.05 – Car Parking Policy

Zones and Schedules

Some rezonings have been undertaken as a result of issues arising from the strategic work undertaken since gazettal of the scheme (ie “Yarrawonga Urban Design Framework” and the “Yarrawonga to Bathumi Land Use Strategy”); others relate to correcting mapping anomalies; and others relate to site specific issues. Major changes include the following.

Yarrawonga to Bathumi Corridor - Rationalisation of Residential 1 and Township zones and rezoning Bathumi from a Township zone to a Rural zone.

Yarrawonga Town Centre - Use of Mixed use zone in two identified locations. One location is at the southern end of Belmore St; and the other is in the area bounded by Witt, , Hunt and Lynch Streets. In both cases the rezonings partly implement the findings of the “Yarrawonga Urban Design Framework”.

Other • Modifications to the Low Density Residential zone at Cahills Road Yarrawonga to take account of approved developments. • Rezoning a small area of land in Ashley Court Numurkah from Rural to Low Density Residential to reflect the current settlement pattern. • Inclusion of some identified public assets in the appropriate Public Use zone. • Inclusion of land on the west side of the , south of Irrigation Road Numurkah in a Industrial 1 zone. • Rezoning of Low Density Residential land on the western edge of Nathalia to Residential 1. Overlays and Schedules

This part involves the replacement of several schedules and maps to the following overlays and new overlays with schedules and maps as follows:

Development Plan Overlay - Inclusion of an extended DPO for undeveloped residential land in the towns of Cobram, Numurkah, Nathalia, Yarrawonga and Bundalong. Inclusion of a specific new Development Plan Overlay (Schedule 3) for undeveloped land in the Yarrawonga to Bathumi corridor.

Significant Landscape Overlay - Inclusion of an extended SLO (with new schedule) along Lake Mulwala.

Airport Environs Overlay - Inclusion of an AEO to cover the Yarrawonga Airport and environs in accordance with the Yarrawonga Airport Review.

Restructure Overlay - Inclusion of a Restructure Overlay (RO) on old and inappropriate subdivisions at Bathumi, (part), and .

Why the Amendment is required. The amendment to the Moira Planning Scheme has arisen from a review of the existing Moira Planning Scheme. The review was undertaken in response to recommendations made by the Planning Panel appointed to consider the new format Moira Planning Scheme in 1998 and as a consequence of the requirement in the Planning and Environment Act to review the Municipal Strategic Statement every three years. In addition, the Council and other agencies have recently completed a variety of strategic studies, all of which contain some recommendations relating to land use and development in Moira.

Impact of the Amendment.

Social and Economic Effects The amendment is expected to have positive economic and social benefits to the Shire in that it contains a clear direction for the future growth and development of the Shire as well as protecting the assets which make the Shire an attractive living, working and visitor environment.

Environmental Effects The amendment will have no significant effect on the environment and is expected to have positive impacts through clearer articulation of environmental objectives and strategies.

Minister’s Directions The amendment is not affected by any of the Minister’s Directions other than Ministerial Direction No. 6. While two minor adjustments have been made to include land in the Low Density Residential zone, these reflect the existing settlement pattern in both cases. A more thorough review of Low Density and Rural Living opportunities, including a full Ministerial Direction No. 6 analysis, is recommended as part of the strategic work program arising out of the three year review. Strategic and policy justification of the Amendment. The amendment is consistent with State Planning Policy and implements State policy on settlement, environment, housing, economic development and infrastructure. The Municipal Strategic Statement has been informed by the following strategic research most of which has been commissioned by Council or other agencies since the introduction of the new format planning scheme:

ƒ ’s Native Vegetation Management Framework (2002) ƒ Selected Biodiversity Mapping Components – LGA Moira Map, DNRE; ƒ Irrigation Region Surface Drainage Strategy. ƒ Floodplain Management Plan (1987) ƒ Goulburn Broken Regional Catchment Strategy (1997) ƒ North East Regional Catchment Strategy (1997) ƒ Goulburn Broken Native Vegetation Management Strategy – Volume 1 (2000) ƒ Goulburn Broken Native Vegetation Management Strategy – Volume 2, Draft Guidelines for Native Vegetation Retention Controls (2000) ƒ Goulburn Broken Water Quality Strategy, 1997 (Draft 2002) ƒ Goulburn River Regional Floodplain Management Strategy (2002) ƒ Broken Creek Management Strategy (1998) ƒ Moira Shire Native Vegetation Management Strategy 1997 ƒ The Moira Shire Integrated Planning Strategy and Background Report (Interim)(1997); ƒ Dairy Cattle Feedpad Guidelines (2002); ƒ Sport and Recreation Strategy (1998); ƒ Shire of Moira Tourism Strategy (1998); ƒ Planning Controls for Earthworks in the Goulburn Broken Catchment (1997); ƒ Towards 2010 - Moira Small Towns Study (1997); ƒ Moira Shire – “Open for Business” Assessment of Industrial Land Needs (2001) ƒ Yarrawonga Urban Design Framework (2000) ƒ Yarrawonga to Bathumi Future Land Use Strategy (2002) ƒ Lake Mulwala Land and On-water Management Plan Issues Paper (2002) ƒ Victorian River Health Strategy (2002) ƒ North East Planning Referrals Committee Guidelines-Protection of Water Quality (2001) ƒ Yarrawonga Aerodrome Development Plan (1996) (ANEF Maps 2001) ƒ Numurkah Parking Study (Draft) 1999 ƒ Cobram Shopping Centre Parking Strategy 1999 ƒ Yarrawonga Parking Study (Draft) 1999 ƒ Moira Community Plan July 2001

In addition, the MSS has been informed by the general review of its performance and by extensive community consultation.

Where you may inspect this Amendment. The amendment is available for public inspection, free of charge, during office hours at the following places:

Moira Shire Council 44 Station Street COBRAM 3644

Department of Sustainability and Environment 35 Sydney Road BENALLA 3672 Department of Sustainability and Environment Planning Information Centre Nauru House 80 Collins Street

Moira Shire Council web site at: http://www.moira.vic.gov.au