Planning and Environment Act 1987

GREATER SHEPPARTON PLANNING SCHEME

AMENDMENT C77

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Greater Shepparton City Council which is the planning authority for this amendment.

The amendment has been made at the request of the Greater Shepparton City Council.

Land affected by the amendment.

The amendment applies generally to the townships of Tatura and Merrigum.

What the amendment does.

The amendment proposes to introduce new flood mapping for Tatura and Merrigum to give statutory effect to the findings of the Tatura Floodplain Management Plan and the Merrigum Flood Study.

Specifically, the amendment will: - replace the existing Floodway Overlay (FO) plans and Land Subject to Inundation Overlay (LSIO) plans for Tatura and Merrigum with new plans which realign the boundaries of the flood overlays in accordance with the findings of the flood studies; - amend the zoning map for Merrigum to rezone various parcels of land from Township Zone (TZ) to Urban Floodway Zone (UFZ) and also to rezone various parcels of land from UFZ to TZ where the boundary of the UFZ has been retracted. - Amend the zoning maps for Tatura to: ƒ rezone various parcels of land to Urban Floodway Zone (UFZ) to realign the boundary of the UFZ in accordance with the findings of the flood study; and ƒ rezone various parcels of land from the UFZ to the Low Density Residential Zone, the Residential 1 Zone, the Special Use 3 Zone, the Farming Zone, the Industrial 1 Zone, the Public Park and Recreation Zone and the Public Use Zone 1-Service and Utility, where the boundary of the UFZ has been retracted.

Strategic assessment of the amendment

• Why is the amendment required? The amendment is required to give strategic direction to, and implement the recommendations of the recently completed Tatura Floodplain Management Plan (FMP) and Merrigum Flood Study (MFS).

Tatura Floodplain Management Plan Greater Shepparton City Council commissioned WBM Oceanics Australia (WBM) to undertake a floodplain management study for the township of Tatura in 2002. The objectives of the study were to identify, analyse and document flooding and flood risk at Tatura and assess potential floodplain management options using a risk management

Page 1 of 5 approach, based on detailed hydrological and hydraulic analysis. Key output from the study include recommended structural and non-structural floodplain mitigation measures, detailed flood inundation and planning maps, coupled with a progressive consultation program, to ensure stakeholder ownership of the outcomes.

Merrigum Flood Study Greater Shepparton City Council commissioned WBM Oceanics Australia (WBM) to undertake a flood study for the township of Merrigum. The objectives of the study were to identify, analyse and document flooding and flood risk at Merrigum. The key recommendations from the study included structural and non-structural floodplain mitigation measures, with the highest priority being to update the planning scheme maps to reflect the results from the study.

• How does the amendment implement the objectives of planning in Victoria? (S.4 of the Planning and Environment Act 1987)

The areas covered by these overlays are based on the most accurate available information. The amendment will assist local government and catchment management authorities in carrying out more effective planning and management of land affected by flooding.

• How does the amendment address the environmental effects and any relevant social and economic effects?

The amendment does not present any adverse social or economic or effects. The FMP and MFS comprise a combination of appropriate structural and non-structural flood mitigation measures, which will reduce the social and economic impacts of flooding in the Tatura and Merrigum areas.

Key outputs from the studies include recommended structural and non-structural floodplain mitigation measures, including detailed flood inundation maps. The maps and report will also provide the base for flood maps in the planning scheme, and provide and demonstrate an understanding of the risk and consequences. This in turn will provide the basis to develop and assess alternative floodplain management options.

The amendment is expected to have positive economic and social benefits for the municipality. Flooding carries significant costs for the community and the state. It can severely disrupt communities and in extreme cases, cause extensive damage to public and private property, agricultural losses, personal hardship and loss of life. By careful planning of new development and earthworks, future flood problems can be minimised.

The amendment should have a positive effect on the environment. Flooding has environmental benefits as flood-prone areas may provide valuable habitats for plants and animals and serve as natural water storage areas. Areas of environmental significance, such as swamps, billabongs and wetlands have an important role to play in supporting biodiversity, recycling nutrients and maintaining water quality. By accurately identifying flood-prone areas, these areas can be protected from inappropriate development that may pose a threat to water quality and flora and fauna communities.

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The environment should not have a detrimental effect on the use and development envisaged as a result of the amendment, as the identification of flood-prone areas will ensure that development is compatible with flood hazard and drainage conditions.

• Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The 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 Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Act.

• How does the amendment support or implement the State Planning Policy Framework (SPPF)?

The State planning policy objective for Floodplain Management (Clause 15.02) provides the framework for the inclusion of flood provisions in planning schemes. The objective is to assist the protection of: • Life, property and community infrastructure from flood hazard. • The natural flood carrying capacity of rivers, streams and floodways. • The flood storage function of floodplains and waterways. • Floodplain areas of environmental significance.

The policy states that flood risk must be considered in the preparation of planning schemes and land use planning decisions to avoid intensifying the impacts of flooding through inappropriately located uses and developments. Land affected by flooding, including floodway areas, as verified by the relevant floodplain management authority, should be shown on planning scheme maps. Land affected by flooding is land inundated by the 1 in 100 year flood event or as determined by the floodplain management authority.

Councils are encouraged to continuously improve their planning schemes and to assess whether the planning schemes are furthering the objectives of planning in Victoria. The amendment complies with State Planning policy objectives and will provide an improved basis for minimising flood damage and protecting the natural flood-carrying functions of waterways and floodplains.

• How does the amendment support or implement the Local Planning Policy Framework (LPPF)?

The Municipal Strategic Statement (MSS) (Clause 21.06-1) identifies that flooding imposes substantial costs on individuals and community and recognises that sound floodplain management in the municipality is the critical means by which the economic, social and environmental risks associated with floodplain use and development can be minimised.

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The new planning maps support the MSS as they identify the lands affected by the ‘Floodway’, ‘Land Subject to Inundation’ Overlays and Urban Floodway Zone for Tatura and Merrigum to reflect the findings of recently completed flood studies.

• Does the amendment make proper use of the Victoria Planning Provisions (VPPs)?

The VPPs provide for the identification of flood prone land through only one zone, which is the Urban Floodway Zone. The purpose of this zone is specifically to identify waterways, major floodpaths, drainage depressions and high hazard areas with urban areas which have the greatest risk and frequency of being affected by flooding and to ensure that any development maintains a free passage and temporary storage of floodwater. The VPPs also provide two overlays which relate to flooding, the Floodway Overlay and the Land Subject to Inundation Overlay. The requirements of these overlays apply in addition to the requirements of the zone of the subject land and do not change the intent of the zone. The Floodway Overlay has been applied to areas that have the greatest risk and frequency of being affected by flooding. It includes areas that convey active flood flows or store floodwater.

The areas included in the Land Subject to Inundation Overlay are likely to be affected by a 1 in a 100 year flood. Flooding in these areas is less severe although some property damage may occur. The Overlay seeks to ensure that development maintains the free passage of floodwaters, minimises flood damage, is compatible with flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

The areas covered by these overlays are based on the most accurate available information. The amendment will assist local government and catchment management authorities in carrying out more effective planning and management of land affected by flooding.

• How does the amendment address the views of any relevant agency?

Technical Steering Committees comprising membership from the Council, Goulburn Broken Catchment Management Authority, Goulburn Murray Water, Goulburn Valley Water, Department of Sustainability assisted in overseeing and providing input into both projects. All relevant agencies will be notified as part of the amendment exhibition process.

• What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? It is not anticipated that the amendment will have any adverse affect on the resource and administrative costs of the responsible authority.

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Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at the following places.

Department of Department of City of Greater Shepparton Sustainability and Sustainability and Municipal Offices Environment Environment 90 Welsford Street, Planning Information North Eastern Regional Office SHEPPARTON Centre, 89 Sydney Road Ground Floor BENALLA VIC 3672 8 Nicholson Street EAST MELBOURNE 3002

Tatura Library Merrigum Post Office Casey Street Waverley Avenue TATURA 3616 MERRIGUM

Submissions about the amendment will be received until Monday 16 July 2007 and should be addressed to:

City of Greater Shepparton Locked Bag 1000 SHEPPARTON 3632

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