Cape Paterson North Planning Scheme Amendment C136 – Page I

Cape Paterson North Planning Scheme Amendment C136 – Page i

This report has been prepared by Beveridge Williams & Co Pty Ltd.

1 Glenferrie Road Malvern Vic 3144 PO Box 61 Malvern Vic 3144 Tel: (03) 9524 8888 Fax: (03) 9524 8899 www.beveridgewilliams.com.au

Cape Paterson North Planning Scheme Amendment C136 – Page i

CONTENTS

1.0 INTRODUCTION ...... 3 2.0 SUBJECT LAND AND SITE CONTEXT ...... 5

2.1 REGIONAL AND SITE CONTEXT ...... 5 2.2 SUBJECT LAND ...... 7 3.0 EXISTING PLANNING FRAMEWORK ...... 10

3.1 STRATEGIC PLANNING POLICIES ...... 10 3.2 BASS COAST PLANNING SCHEME ...... 15 3.3 CURRENT ZONES AND OVERLAYS ...... 23 4.0 THE PROPOSED AMENDMENT ...... 27

4.1 REZONE THE LAND GENERAL RESIDENTIAL 1 ZONE ...... 27 4.2 APPLY THE DEVELOPMENT PLAN OVERLAY ...... 28 4.3 INSERT NEW PUBLIC OPEN SPACE CONTRIBUTION ...... 30 4.4 REMOVE THE ENVIRONMENTAL SIGNIFICANCE OVERLAY AND SIGNIFICANT LANDSCAPE OVERLAY 30 5.0 POPULATION PROJECTIONS AND LAND SUPPLY / DEMAND ...... 31 6.0 SITE AND TECHNICAL ASSESSMENTS ...... 33

6.1 BIODIVERSITY ...... 33 6.2 INTEGRATED WATER MANAGEMENT ...... 36 6.3 CULTURAL HERITAGE ...... 37 6.4 COMMUNITY INFRASTRUCTURE ...... 39 6.5 TRAFFIC MANAGEMENT ...... 40 6.6 RETAIL NEEDS ...... 40 6.7 INFRASTRUCTURE SERVICING ...... 41 7.0 STRATEGIC PLANNING ASSESSMENT ...... 42

7.1 NECESSITY OF THE AMENDMENT ...... 42 7.2 STRATEGIC BASIS FOR THE AMENDMENT ...... 43 7.3 OUTCOME OF THE AMENDMENT ...... 53 8.0 CONCLUSION ...... 56 9.0 APPENDICES ...... 59

APPENDIX A CERTIFICATE OF TITLE ...... A APPENDIX B DISTINCTIVE AREA AND LANDSCAPE REPORT ...... B

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1.0 INTRODUCTION

Land to the north of Seward Drive was identified for the expansion of the Cape Paterson township following ten years of comprehensive strategic planning, and is identified for both short and long-term growth within the Cape Paterson Strategic Framework Plan (included within the Bass Coast Planning Scheme at Clause 21.09-7). Planning Scheme Amendment C136 seeks to rezone approximately 52.74 hectares of this land, for residential purposes consistent with its strategic designation.

To ensure benefit to the community is optimised, Amendment C136 also seeks to apply the development plan overlay to a larger area, approximately 97 hectares. Amongst other things, the Development Plan Overlay Schedule will provide for indicative development sequencing and staging for all future residential land north of Seaward Drive including the delivery of key infrastructure being roadworks, community facilities, service infrastructure, drainage, and landscaping. The Schedule will also provide for the coordinated provision of infrastructure through developer contributions benefiting both the existing township area and the new residential estate.

The amendment applies to the area shown in Plan 1, and would amend the Bass Coast Planning Scheme in the following ways:

• Rezones the land from the existing Farming Zone (FZ) to the General Residential Zone (GRZ1) to facilitate residential development; • Applies the Development Plan Overlay (DPO) and a new Schedule to guide the future subdivision and development of the land to ensure an integrated development outcome; • Amends the open space contribution requirements for the land at Clause 53.01 Public Open Space Contribution and Subdivision; • Removes the Environmental Significance Overlay (ESO) from the land affected by the proposed rezoning; • Removes the Significant Landscape Overlay (SLO) from the land affected by the proposed rezoning; and • Makes associated administrative changes.

The amendment is requested by Beveridge Williams & Co Pty Ltd on behalf of Wallis Watson Cape Paterson Pty Ltd.

This report supports the request for the amendment, outlining the proposed changes, background studies, and a detailed strategic justification.

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2.0 SUBJECT LAND AND SITE CONTEXT

2.1 Regional and Site Context

Located in Bass Coast Shire, Cape Paterson is on the South Gippsland coast, 145 kilometres southeast of Melbourne via the South Gippsland and Bass Highways, and approximately 7 kilometres to the south of the township of Wonthaggi (Plan 1).

Wonthaggi, less than 10 minutes’ drive from Cape Paterson, is the major service and employment centre for the area, providing a wide range of higher-order retail facilities as well as a range of supporting specialty shops and community facilities. Inverloch and Cape Paterson are identified as secondary centres within the Bass Coast Planning Scheme.

Bass Coast Shire has experienced strong growth in its permanent residential population for a number of years with its coastal towns accommodating a large proportion of this growth. Cape Paterson has an estimated permanent resident population of approximately 900 residents as at 2019 (Cape Paterson Residential Land Assessment 2019 and is a popular location for retirees.

The coastal areas are also popular locations for holiday homes, and the majority of dwellings are used by non-permanent residents (around 65% according to Cape Paterson Residential Land Assessment 2019). Cape Paterson is characterised by a casual coastal atmosphere featuring an extensive vegetated foreshore reserve, walking tracks and beaches. It is popular for its beaches and rockpool, surfing and fishing, and is a popular tourist destination during the summer months. The total peak population, including persons staying in the caravan park and camping ground, is approximately 2,981 persons (Cape Paterson Community Infrastructure Needs Assessment, 2015).

The Cape Paterson township includes only a small number of commercial facilities providing convenience and food catering services. This area is located at the corner of Surf Beach Road and Market Place, and includes a general store and café, tavern and real estate offices. These facilities serve the permanent resident population in Cape Paterson, but also the many holiday makers and semi-permanent residents. There are two camping and caravan parks, and two surf lifesaving clubs, an underutilised community hall and a sports complex comprising a tennis court, a basketball/netball court and a bocce pitch.

The existing Cape Paterson residential area is situated between Seaward Drive (to the north) and the coastline (to the south). The Golden Cape Estate, on the western side of the existing township, is the most recent residential subdivision in Cape Paterson (released in April 2002) and is nearing full development (27 vacant lots remaining). Further west, an environmentally sustainable residential and tourism development known as ‘The Cape’ has commenced construction. ‘The Cape’ was rezoned in 2011 (Amendment C119 to the Bass Coast Planning Scheme) and will accommodate 219 lots. The development represents a niche residential/holiday accommodation product and has a strong focus on environmentally sustainable principles through the implementation of design guidelines. It will operate under an owner’s corporation arrangement, and will contain a community hub with recreational, entertainment and health and well-being related uses.

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Cape Paterson Source: Cape Paterson Community Plan 2010

Cape Tavern, corner Surf Beach Road and Market Place Cape Paterson town centre, Surf Beach Road

Cape Paterson rockpool Cape Paterson beach

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2.2 Subject Land

The Cape Paterson North Development Plan area is approximately 97 hectares and is bounded by Cape Paterson Road to the east, Seaward Drive and the existing Cape Paterson township to the south, and farmland to the north and west (Plan 2). The Cape Paterson North precinct comprises five land parcels in separate ownership, further identified as:

• 2 Seaward Drive, Cape Paterson (Lot 1 on Plan of Subdivision 219915T) • 20 Seaward Drive, Cape Paterson (Lot 1 on Plan of Subdivision 417548A) • 40 Seaward Drive, Cape Paterson (Lot 2 on Plan of Subdivision 417548A) • 140 Seaward Drive, Cape Paterson (Lot 3 on Plan of Subdivision 410049H) • Seaward Drive, Cape Paterson (Lot 2 on Plan of Subdivision 410049H)

Amendment C136 however, only seeks to rezone approximately 53 hectares of the land at this time (Plan 1). The land parcels affected by the proposed rezoning are identified as:

The land is currently used for farming and rural living. Accordingly, the land has previously been subject to extensive vegetation clearance, and is highly modified and degraded. The area is dominated by exotic pasture grasses throughout, with the majority of remnant vegetation being comprised of small, fragmented, low quality patches, predominantly located in the south-east part of the site. Seven (7) scattered remnant native trees (Manna Gums) are also located on the site.

The topography varies from low lying areas, grassy open plains up to gently rolling hills and sand dunes. There is a defined drainage line running north-south adjacent to Cape Paterson Road. There are also several smaller informal farm drainage systems connecting to Seaward Drive.

Subject site, looking north toward town water tower Existing dwelling within the subject site, looking south towards the existing township and coast

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Vegetated sand dunes within the site Subject site, looking towards existing township and Seaward Drive

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3.0 EXISTING PLANNING FRAMEWORK

The amendment is to the Bass Coast Planning Scheme, and is consistent with relevant State and Local policy objectives. This section of the report outlines the current planning framework.

3.1 Strategic Planning Policies

Plan Melbourne and Gippsland Regional Growth Plan

Plan Melbourne is the State Government's blueprint for development and is currently referenced in the State Planning Policy Framework. This document strongly advocates strongly for expanded regional growth, noting that regional cities will need to take a greater share of Victoria’s population growth. Plan Melbourne notes that Wonthaggi is growing at a higher rate than Victoria as a whole and regional Victoria, and identifies Wonthaggi as a peri-urban town with growth potential where the supply of land for housing will be increased and population growth will be attracted out of Melbourne. Unlocking the growth potential of these cities like Wonthaggi will create a state of cities where there are greater choices for people about where to live, work or start a business.

Eight regional growth plans have been developed across regional Victoria to provide a 20-30- year land-use strategy and set out how each region can accommodate a greater share of the state’s growth. In particular, the regional growth plans identify cities and towns in regional Victoria with the capacity to accommodate growth. The Gippsland Regional Growth Plan 2014 provides a regional approach to land use planning in the Gippsland region. The Gippsland Regional Growth Plan supports medium scale growth in Cape Paterson, consistent with local plans. It identifies Cape Paterson as a secondary centre to Wonthaggi, with areas identified for future urban growth and notes that it will rely on combined services at Inverloch and Wonthaggi (page 56).

“Wonthaggi provides a higher level of services particularly in retail/commercial, government, education and health services. Inverloch provides a more local scale of services. Cape Paterson includes areas identified for future urban growth and will rely on combined services at Inverloch and Wonthaggi.”

Bass Coast Strategic Coastal Planning Framework

Areas for the future urban expansion to the north of Cape Paterson were identified initially through the Bass Coast Strategic Coastal Planning Framework 2005. It included structure plans for the townships which include settlement boundaries, and consideration of significant landscapes with respect to the 2006 state-wide Coastal Landscapes Assessment Study.

The Bass Coast Strategic Coastal Planning Framework was reviewed in 2009 and the Cape Paterson Structure Plan was updated.

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Cape Paterson Structure Plan 2005

Cape Paterson Structure Plan 2009

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Council then sought to have the Structure Plan implemented in the Bass Coast Planning Scheme as part of Amendment C93, which sought to set the town boundaries for a number of Bass Coast coastal communities. This was considered by an independent Planning Panel in April 2010. At the time, there was concern that there was provision of an oversupply of urban land. The Panel concluded in relation to the subject site, that “the 100 ha extension to the north is consistent with coastal planning policies and the potential environmental impacts are low. This area is able to accommodate all the projected growth.” The Panel recommended “that new growth is concentrated in Cape Paterson and Grantville, the two settlements with the best access to urban services”.

The Panel recommended the approval of the amendment.

Current Cape Paterson Strategic Framework Plan (Clause 21.09-7)

The Bass Coast Planning Scheme was then amended, incorporating the Panel’s recommendations which introduced a local areas policy for Cape Paterson at Clause 21 of the Bass Coast Planning Scheme, and within which Cape Paterson North was identified as being suitable for rezoning to residential, with short term and long-term development areas identified. The Cape Paterson Strategic Framework Plan sits within the Planning Scheme at Clause 21.09-7 and provides the strategic direction for the town and identifies an ultimate town boundary which includes the subject land, and the short and long-term areas for urban growth, being within the subject land.

Victorian Coastal Strategy and Central Regional Coastal Plan

The Victorian Coastal Strategy 2014 is the State Government's policy commitment for coastal, estuarine and marine environments in Victoria. It provides for the long-term planning of the

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Victorian Coast, including identification of suitable development areas and development opportunities on the coast. The Victorian Coastal Strategy has been relied upon by Council in settlement planning within the Bass Coast Planning Scheme including establishing a settlement hierarchy, setting settlement boundaries, and structure planning. The Strategy identifies Wonthaggi as a regional centre where growth will be supported and defers to the Regional Growth Plans for confirmation of the coastal settlement framework.

The Central Regional Coastal Plan 2015-2020 also draws upon the Regional Growth Plan identifying Wonthaggi as a regional centre nominated to accommodate major growth, and Cape Paterson and Inverloch as towns that can accommodate medium growth.

Coastal Spaces Landscape Assessment Study

The Coastal Spaces Landscape Assessment Study (2006) identifies and maps individual landscape characteristics and provides recommendations for protection of significant landscapes of the Victorian coast. A set of best practice policies are recommended to protect and manage visual qualities of the coastal landscape in Victoria, including:

• Retain the natural and undeveloped character of the coastal strip between settlements by avoiding or carefully siting and designing development • Prevent ribbon development along main roads and key touring routes.

The study recommends the inclusion of a local policy for the ‘Management of Coastal Landscapes’. The recommended Significant Landscape Overlays (SLO) have been introduced to the Bass Coast Planning Scheme to ensure protection of coastal landscapes including at Cape Paterson, and the Study was taken into consideration as part of the preparation of the Cape Paterson Structure Plan 2009.

Cape Paterson Community Plan

The Cape Paterson Community Plan 2010 identifies the following broad objectives:

• A Cape Paterson Community Hub that creates a gathering place, meeting place for the community, including part time and full time residents, and visitors. • To promote wise land use, sustainability, monitoring environmental amenity and an attractive environment where native vegetation is monitored/promoted/conserved, and weeds are controlled/eradicated, whilst encouraging sensitively placed facilities for the enjoyment of all. • A safe environment for residents and visitors. Clear, safe vehicle access and walking tracks for people to enjoy the environment and clear audible warning system for fire, reducing the effect of fire. • To maintain the natural beauty of Cape Paterson while providing community facilities. • A safe and unique shared path between Cape Paterson and Inverloch that allows the user to experience the natural beauty of the South Gippsland Bunurong coast.

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The Community Planning Group have identified a number of projects that help address local issues and needs. These include improving the foreshore, developing a shared pathway (for bikes and walking) and establishing a community garden.

Rural Land Use Strategy

The Rural Land Use Strategy 2013 was implemented via Planning Scheme Amendment C140 in February, 2017. In relation to the Bunurong Coast and Hinterland, the Strategy notes that “Development in the near-coastal hinterland will be restricted to the settlement of Cape Paterson or set a sufficient distance back from the coast to be nestled in topography and screened from views by landscaping and increased vegetation on the inland side of coastal viewpoints.” The map of the Proposed Inverloch-Cape Paterson Rural Activity Zone shows the subject land as being within the Cape Paterson settlement boundaries.

The strategy identifies land to the east of Cape Paterson as suitable for a Rural Activity Zone to facilitate the desired future rural land use outcomes. This was drawn from the Bass Coast Rural Tourism Development Strategy which noted that tourism in Bass Coast is the most significant economic driver based on its coastal and natural values, and identified a Rural Tourism Investigation Precinct for investigation for application of the Rural Activity Zone.

Proposed Inverloch-Cape Paterson Rural Activity Zone, Rural Land Use Strategy

Land Supply and Demand Project

Council has made a commitment to undertake a Land Supply and Demand Project every 12 months to help inform the Strategic Planning Work Program. In April 2019, Council released the 2017/2018 Bass Coast Residential Land Supply and Demand Assessment.

The report notes that in a coastal location such as Bass Coast, demand for housing is driven by two main factors: growth in resident population; and growth in demand for holiday homes.

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The 2017/2018 Assessment estimated the residential land supply to be 8,059 lots across Bass Coast Shire. At the time of writing the 2017/2018 Assessment, updated Victoria in Future (VIF) data had not been released. For this reason, the 2016 data was utilised as the best available information. In addition, Council confirmed that in determining the number of existing residential lots within Cape Paterson, the Cape Paterson Ecovillage lots were erroneously counted twice (94 additional lots).

The 2017/2018 Assessment notes that future demand for residential land is estimated at 509 new dwellings per annum (average), equating to 7,636 new dwellings over the 15-year period from 2016 to 2031. Using demand projections, the residential land supply, comprising vacant zoned residential land, using 2016 data was estimated at 16.6 years.

3.2 Bass Coast Planning Scheme

When considering any request to amend the Planning Scheme, the Bass Coast Shire Council must be satisfied that the proposed amendment is consistent with the Bass Coast Planning Scheme objectives.

Policies considered relevant to the site and their context that have been summarised in this section are as follows:

State Planning Policy Framework:

• Clause 11 Settlement • Clause 11.07 Regional Victoria • Clause 11.10 Gippsland • Clause 12 Environmental and Landscape Values • Clause 13 Environmental Risks • Clause 14 Natural Resource Management • Clause 15 Built Environment and Heritage • Clause 16 Housing • Clause 18 Transport • Clause 19 Infrastructure

Local Planning Policy Framework:

• Clause 21.01 Council Profile • Clause 21.02 Settlement • Clause 21.04 Environment • Clause 21.05 Landscape and built form • Clause 21.06 Infrastructure • Clause 21.09 Low growth settlements

Clause 11 Settlement

The objective of this Clause is to anticipate and respond to the needs of existing and future communities through the provision of zoned and serviced land for housing, employment,

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recreation and open space, commercial and community facilities and infrastructure, and to facilitate sustainable development that takes full advantage of existing settlement patterns and investment in transport, utility, social, community and commercial infrastructure and services.

Relevant sub clauses include Clause 11.01-1S Settlement. The objective of this clause is ‘To promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements’. A relevant strategy of this clause states:

• Ensure regions and their settlements are planned in accordance with any relevant regional growth plan.

Clause 11.01-R Settlement – Gippsland seeks to:

• Support urban growth in Latrobe City as Gippsland’s regional city, at Bairnsdale, Leongatha, Sale, Warragul/Drouin and Wonthaggi as regional centres, and in sub- regional networks of towns. • Support the continuing role of towns and small settlements in providing services to their districts, recognising their relationships and dependencies with larger towns.

Clause 11.02-1S Supply of urban land. The objective of this clause is: 'To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses'. A relevant strategy of this Clause states:

Planning for urban growth should consider:

• Opportunities for the consolidation, redevelopment and intensification of existing urban areas. • Neighbourhood character and landscape considerations. • The limits of land capability and natural hazards and environmental quality. • Service limitations and the costs of providing infrastructure.

Clause 11.02-2S Structure Planning, includes the objective 'To facilitate the orderly development of urban areas’. The relevant strategies of this clause include:

• Ensure effective planning and management of the land use and development of an area through the preparation of relevant plans.

Clause 11.02-3S Sequencing of development, includes the objective 'To manage the sequence of development in areas of growth so that services are available from early in the life of new communities'. The relevant strategies of this clause include:

• Define preferred development sequences in areas of growth to better coordinate infrastructure planning and funding. • Ensure that planning for water supply, sewerage and drainage works receives high priority in early planning for new developments.

Clause 11.03-4S Coastal settlements includes the objective ‘To plan for sustainable coastal development’ by:

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• Supporting a network of diverse coastal settlements that provide for a broad range of housing types, economic opportunities and services. • Directing new residential and other urban development and infrastructure to locations within defined settlement boundaries of existing settlements that are capable of accommodating growth.

Clause 11.03-5S Distinctive areas and landscapes includes the objective ‘To protect and enhance the valued attributes of identified distinctive areas and landscapes’. Strategies to achieve this include:

• Protecting the identified key values and activities of these areas. • Support use and development where it enhances the valued characteristics of these areas. • Avoiding use and development that could undermine the long-term natural or non-urban use of land in these areas.

Clause 11.03-6S Regional and local places aims ‘To facilitate integrated place-based planning’ by:

• Integrating relevant planning considerations to provide specific direction for the planning of sites, places, neighbourhoods and towns. • Consider the distinctive characteristics and needs of regional and local places in planning for future land use and development.

Clause 12 Environmental and Landscape Values

This Clause includes a range of policy which seeks to protect the health of ecological systems and biodiversity and conserve areas with identified environmental and landscape values. Clause 12.01-1S Protection of biodiversity has the objective:

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

Further to this, Clause 12.01-2S Native vegetation management, seeks to ensure that the clearing of vegetation should result in no net loss in the contribution made by native vegetation to Victoria’s biodiversity.

Clause 12.02-1S Protection of coastal areas has the following objective: ‘To recognise the value of coastal areas to the community, conserve and enhance coastal areas and ensure sustainable use of natural coastal resources. Strategies to achieve this include:

• Ensure development protects and seeks to enhance coastal biodiversity and ecological values. • Ensure development is sensitively sited and designed and respects the character of coastal • settlements. • Encourage revegetation of cleared land abutting coastal reserves. • Maintain the natural drainage patterns, water quality and biodiversity in and adjacent to coastal estuaries, wetlands and waterways.

Clause 13 Environmental Risks and Amenity

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This Clause outlines that planning should adopt a best practice environmental management and risk management approach in seeking to avoid or minimise environmental hazards and degradation. The Clause further identifies that planning should identify and manage the potential for the environment, and environmental changes, to impact upon the economic, environmental or social well-being of society.

Clause 14 Natural Resource Management

This Clause addresses the need for planning to assist in the conservation of natural resources, including, water, energy, land, minerals etc. to achieve environmental quality and sustainable development.

A relevant sub-clause includes Clause 14.01-1S Agriculture, where the objective is: ‘To protect the state’s agricultural base by preserving productive farmland’. The policy seeks to ensure that the State’s agricultural base is protected from the unplanned loss of high quality productive agricultural land due to permanent changes of land use and to enable protection of productive farmland, which is of high quality and strategic significance in the local or regional context.

In addition to the above, Clause 14.02-1S Catchment planning and management aims to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 15 Built Environment and Heritage

Clause 15 establishes a framework for planning to ensure all new land use and development appropriately responds to its context (landscape, valued built form and cultural context) and which protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

Overall Clause 15 contains a range of broadly relevant objectives which seek:

• Creation of quality built environments which support the social, cultural, economic and environmental wellbeing of our communities, cities and towns; • Development and maintenance of communities with adequate and safe physical and social environments for their residents; • Appropriate location of uses and development and quality of urban design; and • Minimising detrimental impact on neighbouring properties.

Clause 16 Housing

This Clause identifies the need for housing diversity which has sufficient access to services and supporting infrastructure. Planning must also facilitate residential development that is cost- effective in infrastructure provision and use, energy efficient, incorporates water efficient design principles and encourages public transport use.

The Clause further illustrates the need to ensure increasing housing types are diverse and meet the needs of households as they move through life cycle changes and to support diverse communities.

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Clause 18 Transport

Clause 18 seeks to ensure safe, integrated and sustainable transport systems which contribute to environmental sustainability. A relevant sub-clause includes Clause 18.02 Movement Networks which contains relevant objectives to:

• Promote the use of sustainable personal transport; the management of road systems; • Making use of existing infrastructure; developing an efficient and safe network; and • Ensuring an adequate supply of appropriately designed and located car parking.

Clause 19 Infrastructure

Broadly Clause 19 seeks to ensure the provision of social and physical infrastructure in an efficient, equitable, accessible and timely manner.

Clause 21.01 Municipal Profile

Clause 21.01-2 notes Wonthaggi as a major population centre where ‘the majority of the future urban growth within the municipality will be concentrated in particular in the north east growth area. The growth area will accommodate approximately 8,000 people in a high amenity residential area. Council is also planning for significant residential expansion of San Remo, and the development of Grantville as a service centre for the northern part of the Shire’.

Clause 21.01-2 also notes that the larger centres of Cowes, San Remo and Inverloch also considered major population centres that experience large population fluctuations during holiday and summer periods.

Identified at Clause 21.01-4 is the Council Plan which includes strategic objectives that shape Council’s vision for land use planning including:

• Our unique natural environment is protected, maintained and enhanced for the enjoyment of all. • Our built environment complements our landscape, lifestyle and climate. • Our community feels connected, safe and strong. • Our leadership will be achieved through good governance, community engagement and excellence in service delivery. • Our economy is supported by diverse, local and innovative businesses and employment.

Relevant to this amendment, Council’s vision, articulated at Clause 21.01-5 Vision further seeks that “Residential development and related urban land uses [are] contained to existing activity nodes and designated growth areas.”

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Clause 21.02 Settlement

Clause 21.02 -1 Growth of towns notes the hierarchy of townships and villages within Bass Coast Shire. Cape Paterson is identified within this clause as a ‘Village’, as a settlement with moderate population levels and seasonal fluctuations. Council has prepared Design Frameworks and Structure Plans for all towns and informs the Low Growth Settlements section at Clause 21.09. A key objective of this Clause is to identify towns that are suitable for urban growth, and restrict urban development to existing urban areas except where the land is identified in an adopted Structure Plan as being within a future settlement boundary.

A key objective of this Clause is to identify towns that are suitable for urban growth, and restrict urban development to existing urban areas except where the land is identified in an adopted Structure Plan as being within a future settlement boundary, and where the future settlement boundary from the adopted Structure Plan has been incorporated into the Bass Coast Planning Scheme. Staging of the development will need to be in accordance with a development plan to be approved by Council.

Other objectives include:

• To ensure that residential development and related urban uses are restricted to existing or identified settlements. • To encourage sustainable development and minimise impacts on the environment. • To discourage urban development that encroaches or impacts on significant environmental features. • To discourage inappropriate development in areas where an environmental hazard has been identified. • To enhance the sense of identity for each community.

Clause 21.04 Environment

This clause highlights the importance of the coastal environment in the municipality and emphasises its relationship with land use planning. Clause 21.04-3 Biodiversity Conservation and Habitat Protection recognises the decline and fragmentation of indigenous vegetation and loss of biodiversity as a major issue in the Shire and includes policies to protect and enhance significant habitat and vegetation and minimise impacts on areas with high habitat value. It also discourages development in locations which impact or conflict with the quality and sensitivity of the natural environment particularly foreshore areas. Developments should retain and incorporate existing vegetation.

Clause 21.04-4 Catchment Management seeks to improve water quality and availability through water sensitive urban design, and revegetation, and improve water quality by better management of urban stormwater inflows. It encourages the use of "constructed wetlands" or other similar systems, as a means of storing floodwater, improving water quality and adding to natural habitats.

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Clause 21.04-5 Environmental hazards notes the risks associated with fire, and requires that development be sited, designed and constructed to minimise the impact of emergency conditions arising from fire.

Clause 21.05 Landscape and built form

Clause 21.05-1 Landscape overview highlights that ‘The coastal landscapes and hinterlands are highly valued by the community for their visual, environmental and cultural qualities, as well as being productive agricultural land.’ It raises concern with building dwellings on hilltops and ridgelines and the need to protect landscapes and views from inappropriate development.

Clause 21.05-2 Character areas identifies Cape Paterson to be within the Bunurong Coast and Hinterland Character Area, and identifies it to be ‘a coastal holiday home location set atop the rugged coastline’. It notes the inland open grazing land interspersed with corridors of native vegetation (especially riparian reserves and at roadsides), exotic windbreaks, farmhouses and settlements. Future character directions for this area are:

• The Character Area will continue to be characterised by an open rural hinterland and an undeveloped coastal edge offering outviews to scenic coastal features free of built development. • Development in the near-coastal hinterland will be restricted to the settlement of Cape Paterson or set a sufficient distance back from the coast to be nestled in topography and screened from views by landscaping and increased vegetation on the inland side of coastal viewpoints. • An open and uncluttered hinterland offering occasional outviews to the Bass Hills, Mt Liptrap, Mt Hoddle and the Venus Bay dunes will be interspersed with native vegetation corridors. • Extensions to existing urban areas will be sensitive to views from key viewing corridors, maintenance of open rural character and protection and enhancement of the wild, natural coastline.

A range of policies support the growth of Cape Paterson, such that development maintains individual settlement identity, protects coastal and hinterland landscapes and views, and manages the pressures to develop land in locations of high scenic value. It requires that development be set back from the coast in flatter locations and avoids development on ridgetops and prominent hill faces. It encourages views to be protected within public recreation areas.

Clause 21.05-4 Design and built form notes that ‘where the built form character of an area is established and valued (and the area has not been identified for substantial change), new development should respect this character and add to the overall quality of the urban environment.’ It includes a range of objectives and policies to ensure that valued aspects of the municipality’s character are not lost through redevelopment.

In particular, Clause 21.05-5 New Urban Subdivision states that “Many of the towns within the municipality have unique settlement patterns and particular housing types. New residential

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subdivision estates should be designed to respond to, and enhance, the character of existing townships.” The objectives are:

• To encourage new residential subdivision estates to integrate with the existing community. • To protect and enhance the environmental value of the site and surrounding area.

Under Clause 21.05-6 Landscape architecture, landscaping is to be an integral part of any proposal for development, and should increase vegetation, and maintain a high-quality landscape setting.

Clause 21.06 Infrastructure

Clause 21.06-3 Transport notes that the majority of residents and visitors rely on cars for transportation and public transport is minimal. Full street construction and drainage works are required for all new subdivisions in urban areas. Council will also seek a shared path network between and within towns, including along coastal roads, in foreshore areas, and around popular recreational/tourist areas.

This clause at Clause 21.06-4 Community Facilities also seeks to provide safe places for social interaction and for residents to gather and requires developers of all new subdivisions to provide an appropriate level of community infrastructure by implementing tools such as Social Impact Assessments and Developer Contributions Plans.

Clause 21.06-5 Open space and recreation encourages the provision of a range of types and sizes of open space, and that have minimal effect on the natural environment. Recreation areas should be linked by pedestrian and cycle networks within, and between, towns and along the coastline.

Clause 21.09 Low growth settlements

It is policy that “In the event additional recreation areas are required, the northern precinct for long-term development is considered an appropriate location”, this is referring to the subject land. In addition, policy seeks to “Limit community and commercial facilities in the other precincts of town to ensure that the existing main centre remains viable and central to the commercial needs of the town.”

In relation to infrastructure, the following policies are relevant:

• Development north of Seaward Drive should be subject to assessments of required utility service upgrades, local traffic analysis, and traffic management measures may be

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required to minimise impacts on the existing road network and surrounding areas, including appropriate road extensions, upgrading, reconfiguring, enhancing and landscaping of existing impacted streets and intersections. • The road status of Seaward Drive should be updated to reflect its function as a collector road as development to the north and west of Cape Paterson goes forward.

Cape Paterson Strategic Framework Plan (Clause 21.09-7) – subject land highlighted

Clause 22.01 Stormwater Management Policy

Consideration of stormwater management must occur in the decision-making for the use and development of the land. It is policy to maintain stormwater flows and discharges at a maximum of the pre-development flow level, and to manage flooding and drainage so as to minimise risks to the community and the environment. This policy requires a stormwater management strategy to be submitted with any subdivision application, and outlines the requirements for it.

Clause 22.02 Hilltop, ridgeline, and prominent coastal landform protection policy

This policy applies to all land located on and adjacent to significant hilltops, ridgelines and prominent coastal landforms found within Farming, Rural Activity and Rural Conservation Zones in the Shire. Whilst the subject land is not identified as a specific landform, it does include some dunes and low hills. It is policy that development on ridgelines, prominent hill faces or distinctive coastal landforms should be avoided wherever possible. Where development cannot be avoided, the policy outlines a number of considerations.

3.3 Current Zones and Overlays

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The land is currently zoned Farming Zone (FZ), pursuant to Clause 35.07 of the Planning Scheme. The purpose of the zone is:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. • To provide for the use of land for agriculture. • To encourage the retention of productive agricultural land. • To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. • To encourage the retention of employment and population to support rural communities. • To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

Under the zone, the current minimum subdivision area for each allotment to be created is 40 hectares.

The site is also subject to the Environmental Significance Overlay (ESO1) and the Significant Landscape Overlay (SLO4). Both overlays apply to land outside of the urban areas of townships along the coastline.

Objectives of ESO1 include:

• To ensure that development is compatible with the environmentally sensitive coastal areas. • To maintain and enhance the ecological attributes such as the biological, physical and chemical components of the wetland ecosystem, and their interactions which maintain the function of wetlands and of Ramsar sites. • To protect and ensure the long-term future of terrestrial and aquatic habitat for native plants and animals, include shorebird feeding areas and roosts and species and communities listed under the Fauna and Flora Guarantee Act 1988. • To encourage ecological restoration, regeneration and revegetation with indigenous species within the site and in adjoining areas. • To ensure that land abutting or draining into wetlands is managed to prevent any degradation of wetland function and values. • To protect water quality and prevent water pollution in watercourses, water bodies, wetlands and groundwater.

The objectives for the SLO4 are:

• To maintain and improve indigenous vegetation, particularly at roadsides and in riparian strips throughout the landscape. • To protect cultural vegetation patterns in the landscape. • To maintain locations of highly scenic and natural vistas along roads and at formal lookout points. • To retain clear views of the coastal dunes, cliffs and formations from coastal areas, including the Bunurong Coastal Drive and other coastal roads.

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• To create a clearly defined edge softened by vegetation at the interface between settlements and rural/natural areas. • To ensure that the natural landscape dominates the coastal edge and foreshore of the settlements of Kilcunda and Cape Paterson. • To retain the dominance of the undulating, uncluttered pastoral landscape throughout the hinterland by ensuring that buildings and structures outside settlements sit within, rather than dominate the landscape. • To maintain the dominance of the natural landscape along the coastline, on hill slopes visible from main roads and settlements and prominent slopes adjoining Anderson Inlet. • To protect the undeveloped character of the coastal strip between Kilcunda and Cape Paterson, and Cape Paterson and Inverloch. • To minimise the visual impact of signage and other infrastructure, particularly on hill faces, in coastal areas and in other areas of high landscape values or visibility. • To ensure that the open rural character and scenic coastal features of the landscape are not dominated by plantation forestry. • To protect landscape character and attributes that are consistent with the Aboriginal cultural heritage values of the area. • To recognise, and protect, the landscape of the Kilcunda to Inverloch Coast as a place of significant Aboriginal cultural heritage value.

Farming Zone to subject land and zoning of surrounding land

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Environmental Significance Overlay 1 Significant Landscape Overlay 4

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4.0 THE PROPOSED AMENDMENT

The amendment is required to facilitate the future development of the land for residential purposes as provided for by the Cape Paterson Strategic Framework Plan. The proposal is consistent with the strategic intent for this land as evidenced by the strategic policy outlined in section 3.1.

The amendment seeks to rezone land from the Farming Zone to the General Residential Zone (Schedule 1) and apply the Development Plan Overlay as shown in Plan 1. The land affected by the amendment is detailed below.

The rezoning request applies to three parcels of land known as:

The application of the Development Plan Overlay applies to the above three parcels and two additional parcels of land, five in total, known as:

• 2 Seaward Drive, Cape Paterson (Lot 1 on Plan of Subdivision 219915T); • 20 Seaward Drive, Cape Paterson (Lot 1 on Plan of Subdivision 417548A); • 40 Seaward Drive, Cape Paterson (Lot 2 on Plan of Subdivision 417548A); • 140 Seaward Drive, Cape Paterson (Lot 3 on Plan of Subdivision 410049H); and • Seaward Drive, Cape Paterson (Lot 2 on Plan of Subdivision 410049H).

The proposed Planning Scheme Amendment will make the following statutory changes:

• Remove the Environmental Significance Overlay (ESO) from property numbers 2, 20 and 40 Seaward Drive, Cape Paterson; • Remove the Significant Landscape Overlay (SLO) from property numbers 2, 20 and 40 Seaward Drive, Cape Paterson; • Apply the Development Plan Overlay (DPO) to the entire Cape Paterson North Development Area; • Insert a new Schedule to Clause 43.03 Development Plan Overlay (DPO) to cover the entire Cape Paterson North Development Area; and • Insert a new Schedule to Clause 53.01 Public Open Space Contribution and Subdivision. • Updates the Schedule to Clause 72.03 to reflect mapping changes.

The details of the amendment are outlined below.

4.1 Rezone the Land General Residential 1 Zone

It is intended to rezone property numbers 2, 20 and 40 Seaward Drive to the General Residential 1 Zone, to facilitate the future use and development of the land for residential purposes in keeping with the existing Cape Paterson township and strategic intent for this land. The

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rezoning will increase the amount of residential land available within Cape Paterson to meet future housing demand.

As per Clause 32.08 of the Bass Coast Planning Scheme, the purpose of the GRZ1 is:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. • To encourage development that respects the neighbourhood character of the area. • To implement neighbourhood character policy and adopted neighbourhood character guidelines. • To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. • To allow educational, recreational, religious, community and a limited range of other non- residential uses to serve local community needs in appropriate locations.

A planning permit will be required for subdivision of the land under this zone.

4.2 Apply the Development Plan Overlay

The proposed amendment will apply the Development Plan Overlay to the subject land, and insert a new Schedule to Clause 43.03. The primary purpose of the Development Plan Overlay at Clause 43.04 is:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. • To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. • To exempt an application from notice and review if it is generally in accordance with a development plan.

The proposed new Schedule to the Development Plan Overlay outlines the key requirements for a Development Plan, which must be prepared to Council’s satisfaction prior to a permit being issued for the development or subdivision of land. Any permit granted must be generally in accordance with the approved Development Plan.

In addition to the necessary information and plans, the key requirements for the Development Plan include:

Built environment and heritage

• A layout that responds to the existing topography of the land including key view lines. • Integration of new development with the existing township, including access and interface treatment. • Measures to promote greater housing choice through the delivery of a range of lots capable of accommodating a variety of dwelling types and densities.

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• Measures for the protection of heritage values, including addressing the potential sensitivity of dune ridges. • A residential subdivision which: • Provides a range of lot sizes, whilst achieving an average lot size across the entire development generally consistent with the existing Cape Paterson township average of 580 square metres and which discourages allotments of less than 300 square metres. • Maintains a sense of spaciousness within and between residential buildings. Setbacks and design standards will vary depending on lot size and can be restricted via the Plan of Subdivision as agreed by the responsible authority. • Provides a clear, legible road network that provides a high level of internal connectivity and external linkages for local vehicle, pedestrian and bicycle movements.

Open space and natural environment

• Measures for the protection, management and enhancement of areas with high environmental value, including remnant vegetation. • A network of passive public open space which: • Provides a visible, safe, convenient and accessible area to serve the recreational needs of residents and visitors. • Incorporates any existing natural features including native vegetation and creeks or drainage lines. • Is fronted by lots, avoiding any lots backing onto reserves. • Includes shared path linkages internally and connecting with nearby areas. • Measures to reduce and manage bushfire risk.

Movement network

• Road layouts including internal roads and connections to existing road networks that integrate with and facilitate access to the existing Cape Paterson township. • A convenient and safe pedestrian and bicycle network in accordance with the Bass Coast Shire adopted Bicycle Strategy and including a direct pedestrian link to Seaward Drive.

Services and infrastructure

• A conceptual integrated Drainage Strategy for the entire development plan area.

Sequencing, staging and infrastructure delivery

• A process to collect development contributions. This process should identify the infrastructure projects, including their scope & cost, to be delivered in conjunction with the development of the land contained within the Development Plan Overlay. The process should outline: • How contributions are to be calculated; • How project costs are to be calculated; • How project costs & contributions are to be indexed; • How the funds are to be collected;

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• How funds are to be administered; • Payment & timing of contributions; and • Nominate projects that can be completed as works in kind.

The Development Plan Overlay will ensure that the site is developed in an orderly and sustainable way, with appropriate urban design, environmental protection, and integration with the existing Cape Paterson township, and which provides for a pleasant and safe urban living and recreational environment, and all required infrastructure to the land.

4.3 Insert new Public Open Space Contribution

Clause 53.01 requires that a contribution to the Council for public open space in an amount specified in the Schedule to this clause must be made when subdividing land. The amount specified is a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both.

The amendment proposes to introduce a new Schedule to Clause 53.01 which provides for an increased contribution of open space than that usually required. The total amount being 11 % of the Net Developable Area. The public open space contribution will be equalised across the entire development plan area.

4.4 Remove the Environmental Significance Overlay and Significant Landscape Overlay

The proposed amendment seeks to remove the ESO1 and SLO4 from the land affected by the proposed rezoning (property numbers 2, 20 and 40 Seaward Drive, Cape Paterson. These overlays apply to land outside of townships, along the coastline. The objectives of these overlays are outlined in section 3.3.

As the subject land will be located within the township, the overlays are proposed to be removed consistent with surrounding township land. The proposed Development Plan Overlay provides for the protection, maintenance and enhancement of relevant biodiversity and landscape matters.

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5.0 POPULATION PROJECTIONS AND LAND SUPPLY / DEMAND

An important aspect of the strategic consideration of the proposed Planning Scheme Amendment is to have regard to land supply and demand projections.

Essential Economics Pty Ltd prepared a report titled ‘Cape Paterson Residential Land Assessment’ in 2007, which was considered as part of the Panel’s consideration of Amendment C93. Amendment C93 set the town boundaries for a number of Bass Coast coastal communities including Cape Paterson and implemented the Cape Paterson Strategic Framework Plan at Clause 21.09-7.

In December 2019, the Cape Paterson Residential Land Assessment (Ethos Urban) was updated to ensure it reflected the latest socio-economic data and current market conditions. The updated report provides an assessment of the residential land market at Cape Paterson, including an analysis of residential land demand and supply factors, and identifies the potential contribution of the subject land in meeting future residential demand.

Bass Coast Shire has experienced strong growth in its permanent residential population for a number of years with its coastal towns accommodating a large proportion of this growth. Between 2008 and 2018, Bass Coast Shire’s population increased at a rate of 2.4% pa, compared to an average rate of growth of 1.2% pa for regional Victoria. Between 2008 and 2018, coastal towns in Bass Coast accounted for 60% of the Shire’s growth in its permanent resident population.

A continuation of strong population growth is forecast in Bass Coast Shire (as determined by Victoria in Future 2019 (VIF2019) – the Victorian state government’s population forecast, and by id Consulting – an independent forecaster). VIF2019 forecast average population growth in Bass Coast of 1.73% pa over the 2018 to 2036 period, while id Consulting forecast growth of +1.68% pa over the same period.

Cape Paterson currently has a permanent resident population of approximately 900 residents and is a popular location for retirees. The permanent population of Cape Paterson has increased from approximately 780 residents in 2013, representing an average annual growth rate of +2.6%. Further growth in the number of retirees seeking coastal living opportunities is expected to occur over the coming decades. While growth in the permanent residential population will drive demand for residential land, demand for holiday homes will also be a key consideration for Cape Paterson where the majority of dwellings (around 65%) are currently used by non- permanent residents.

As of December 2019, Cape Paterson’s total existing and future residential land supply (vacant lots) was 245. The vacant lots comprise:

• 55 lots in the established area of Cape Paterson • 190 lots in ‘The Cape’ Ecovillage.

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Importantly, whilst on paper this comprises approximately 8.2 - 12.3 years supply, in reality these provide very limited choice in residential land and housing products, with only a handful of lots (3 lots as of December 2019) in the established township being available for sale at any one time. This leaves ‘The Cape’ as the only opportunity for anyone seeking to develop in Cape Paterson. While ‘The Cape’ is considered to be an award winning development in regard to its environmental credentials (it won a Built Environment – Design award at the Premiers Sustainability Awards in 2012), it does not necessarily appeal to a wide proportion of the market place.

The proposed rezoning and application of the DPO will provide an additional element of choice the Cape Paterson residential land market.

Based on analysis of recent development trends that take into consideration a period of time when a limited choice in residential land is available, annual demand for residential dwellings in Cape Paterson is approximately 20 dwellings a year. However, it is likely that with the additional choice provided to the market, demand for residential dwellings is more likely to be in the order of 30 dwellings year. Therefore, over the next 20 years (short to medium term) demand for up to 600 dwellings in Cape Paterson is forecast to eventuate (assuming an adequate supply is available to the market). Importantly, the rezoning and application of the Development Plan Overlay will add an element of choice to the residential market in Cape Paterson which is likely to stimulate further demand in the future. The proposed rezoning of the subject land will provide for approximately a further 481 standard residential lots to the supply and will satisfy the medium - longer term residential requirements in Cape Paterson.

However, the Bass Coast Planning Scheme requires that residential land supply be considered on a municipal basis, rather than a town-by-town basis (Clause 11.02-1S). It recommends that Council accommodate projected population growth over at least a 15-year period, and provide clear policy direction as to where growth should occur.

Shire population growth is forecast to increase at a rate of 1.73% per annum (VIF2019). This proposed amendment will add less than one year supply of residential land to the Bass Coast Shire. Taking account of the Bass Coast Land Supply and Demand Report 2017 / 2018 (refer section 3.1 of this report), the residential land supply in the municipality is currently 13.4 years, with trends indicating increasing dwelling demand, and declining supply.

Following the rezoning process, a Development Plan will need to be approved by Council and planning permits sought for subdivision, a process with could take a further 18-24 months before early stages commence construction. It is therefore prudent to commence the rezoning process at this time to maintain at least 15 years’ residential land supply.

The subject land is the only remaining unzoned urban land within a township boundary within the Bass Coast Planning Scheme specifically identified for short term growth.

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6.0 SITE AND TECHNICAL ASSESSMENTS

A range of Specialist Site Assessments were prepared which guided the preparation of the Planning Scheme Amendment documentation.

A summary overview of the specialist's reports and inputs which underpin this current Planning Scheme Amendment request is provided below.

6.1 Biodiversity

A Biodiversity Assessment was undertaken by Ecology & Heritage Partners in 2016 (EHP) to identify and characterise the vegetation within the subject land, determine the presence (or likelihood thereof) of any significant flora and fauna species and/or ecological communities, and address any implications under Commonwealth and State environmental legislation. The study area occurs within the Gippsland Plain Bioregion. The results of the assessment are summarised as follows:

• The subject land area has previously been subject to extensive vegetation clearance, and is highly modified and degraded due to its past and current use for agricultural purposes. The area is dominated by exotic pasture grasses throughout, with the majority of remnant vegetation being comprised of small, fragmented patches of low quality Swamp Scrub, with some higher quality, albeit still modified patches of Damp Sands Herb-rich Woodland in the south-east of the study area. • Fifty-four flora species (29 indigenous and 25 non-indigenous) were recorded within the study area during the field assessment. The assessment found that based on the habitat present within the study area, landscape context and the proximity of previous records, significant flora species are considered unlikely to occur within the study area. • Eighteen fauna species were recorded within the study area during the field assessment, including one introduced mammal and 17 birds (14 native and 3 introduced). Based on habitat present within the study area, landscape context and the proximity of previous records, significant fauna species are considered unlikely to occur within the study area. • Vegetation within the study area did not meet the condition thresholds that define any significant ecological communities.

The assessment recommended that any future development plan for the site should look to retain the higher quality areas of vegetation that provide foraging and breeding habitat for local fauna, namely the Damp Sands Herb-rich Woodland patches DSHrW4 and DSHrW5 situated in the south-east of the study area (identified in figure 2a of the assessment).

Due to a change in native vegetation legislation prior to Council’s approval to commence a planning scheme amendment, Brett Lane & Associates Pty Ltd (BL&A) (now Nature Advisory) were engaged to undertake a Native Vegetation Assessment. The Assessment was completed in June 2018 and included the entire Development Plan Overlay area.

The purpose of the assessment was to provide information on the extent and condition of native vegetation in the study area according to Victoria’s Guidelines for the removal, destruction or

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lopping of native vegetation (DELWP 2017a), as well as any potential impacts on flora and fauna matters listed under the state Flora and Fauna Guarantee Act 1988 (FFG Act) in the adjoining Cape Paterson Road and/or Seaward Drive road reserves.

Habitat for significant fauna species at the site was not assessment as part of this investigation, as this was assessed by EHP in June 2016. EHP’s conclusion was that the study area is unlikely to support any significant fauna species and through review of their assessment report and BL&A observations on site, BL&A concurred with this.

Findings of the BL&A Assessment are presented below:

• The majority of the study area comprises farmland distinguished by large paddocks of introduced pasture, currently utilised for cattle grazing. Wooded vegetation in the study area largely comprised remnant native stands of woodland and scrub, with the largest most intact stands present in the south east of the study area. • Extensive regrowth of Austral Bracken in areas subject to previous farming occurred in the study area, radiating west of the main sandy ridge, as well as to the north and south west of the water tower. Several planted rows of trees, namely Cypress and Radiata Pines also occur within the study area. • 30 patches of native vegetation were identified in the study (including patches recorded along the adjoining Cape Paterson Road and Seaward Drive road reserves), totalling 6.785 hectares. This native vegetation was classified as belonging to one of two Ecological Vegetation Classes (EVCs), namely Damp Sands Herb-rich Woodland (EVC 3) or Swamp Scrub (EVC 53). • Two large trees were recorded in patches. In addition to this, 18 scattered trees were recorded within the study area.

The BL&A Assessment provided the following design recommendations to avoid / minimise impacts on native vegetation, and flora and fauna habitat:

• Retain as much native vegetation as possible in the south east corner of the study area within a Conservation Reserve – this is the largest, most intact stand of native vegetation in the study area. • Appropriate construction environmental management controls including: o Vegetation protection fencing around native vegetation to be retained during construction. o Clearly marked no-go zones. o Environmental site inductions for all construction personnel. • Develop and implement a Conservation Management Plan (CMP) for the area of native vegetation to be retained in a Conservation Reserve. Such a CMP should include: o Appropriate fencing of native vegetation; o Weed control; o Pest control; o Supplementary planting as appropriate; and o Monitoring and reporting.

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The implementation of the Development Plan Overlay Schedule 26 will provide a planning mechanism to ensure that existing vegetation can be retained as far as practicable. The retention and protection of significant vegetation within the future conservation reserves, drainage reserves and open space reserves as well as road reserves will improve the biodiversity value of the area. The DPO Schedule requires that any planning permit issued include a condition that mandates the establishment of Vegetation Protection Zones (VPZ) around all vegetation or biodiversity assets to be retained. The provision of VPZs will ensure the vegetation to be retained is protected during development of the site.

A preliminary Indicative Development Plan (IDP) has been prepared for the site. The preliminary IDP captures much of the existing native vegetation within conservation and drainage reserves. Whilst the preliminary IDP will be further refined through the Development Plan process, the current working version illustrates how the site can be developed to retain and further maximise the biodiversity within the subject land.

Study area and native vegetation. Source: Brett Lane & Associates - Seaward Drive, Cape Paterson Native Vegetation Assessment

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Preliminary Indictive Development Plan

6.2 Integrated Water Management

The Cape Paterson North Drainage Strategy 2016 prepared by Stormy Water Solutions considers the implications of future development of the subject land for residential purposes. The report details a comprehensive drainage strategy designed to mitigate stormwater impacts and to improve the flood impact within the Cape Paterson township.

The strategy is based upon a preliminary Indicative Development Plan which could be prepared under the DPO Schedule in the future. The Strategy:

• Ensures no discharge south into the existing township in all events up to the 100-year event, thus reducing the current flood impact in the township considerably. • Ensures no increase in the 100-year flood flows downstream thus addressing flood impact considerations in the waterway through Parks Victoria Land. • Meets the current best practice in regard to stormwater treatment. • Demonstrates that the frequency of the times in which a flow event occurs capable of opening the estuary does not increase.

The report notes:

‘…enough analysis has been conducted to clearly show that development of the subject site is achievable without adverse stormwater impact on downstream properties or ecological habitats. In fact, by formally constructing an outfall for the catchment north of Seaward Drive, flooding impacts through the existing township should be reduced when the drainage strategy is implemented.’

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Changes in stormwater modelling have occurred since the completion of the Stormy Water Solutions Drainage Strategy, 2016. Beveridge Williams’ Drainage Engineers have undertaken a review of the Stormy Water Solutions Report in response to the stormwater modelling changes. The review was undertaken to confirm that the current 2016 Drainage Strategy is still valid for consideration by authorities. The findings of the review are as follows:

• The stormwater treatment modelling methodologies and parameters used since the writing of the 2016 Drainage Strategy don’t have any changes that would impact on sizing of wetlands and other WSUD assets. Therefore, the results contained within the report would still be valid. • The hydrology component of the report has been prepared using the Australian Rainfall and Runoff methodology prior to the 2016 update. Although the updated industry standard was a major change in the methods employed for flow estimation, the magnitude of the peak flow events should not vary greatly. Any variances in flow rates using the new method will impact on sizing of the retarding basins and outlet sizing, which are only expected to be considered during later stages of the functional and detailed designs. • The overall arrangement of stormwater management and treatment assets, reserves, and overland flow paths would not be changed as a result of industry changes in flow estimation. They will be considered in functional and detailed design stages of the development to ensure that they are consistent with current industry practice.

The proposed Amendment implements the drainage strategy, through requirements for any future Development Plan as set out in the proposed Schedule to the Development Plan Overlay. It requires that the Development Plan include a conceptual integrated Drainage Strategy for the entire development plan area, and that individual planning permits include an Integrated Water Management Statement detailing how stormwater will be collected, treated and re-used within the development and the removal of sediment, litter and other wastes from stormwater prior to discharging from the site, having regard to the Stormwater Management Strategy prepared as part of the approved Development Plan.

6.3 Cultural Heritage

Heritage Insight prepared a preliminary review of the potential for cultural heritage on the Cape Paterson North Development Plan area. The property had not previously been subject to an archaeological assessment either by way of desktop or field assessment. The review found that:

• There are currently no Aboriginal archaeological sites on the site which are registered with Aboriginal Affairs Victoria. • There are no historic archaeological sites, historic places or structures on the site that are listed on the Victorian Heritage Inventory, the Register of the National Estate, the Register of the National Trust or in a heritage overlay in the Bass Coast Planning Scheme. • There are nine previously registered Aboriginal archaeological sites along the south coast of Cape Paterson situated between 1.1 and 1.2 kilometres of the subject site. The

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previously recorded archaeological sites are predominantly Aboriginal shell middens or more complex sites comprising shell middens and surface scatters of stone artefacts. • The northern part of the property is situated within an area of Cultural Heritage Sensitivity defined in the Aboriginal Heritage Regulations 2007.

Heritage Insight has undertaken a review of their 2009 preliminary advice to ascertain whether the advice contained in this document remains current following several rounds of changes to the Victorian heritage legislation since 2009.

Although some of the specific pieces of Victorian heritage legislation cited in the 2009 report have since been amended (ie, the Aboriginal Heritage Regulations 2007 are cited in the report but these are now the Aboriginal Heritage Regulations 2018), the conclusions of the report still stand. These include:

1. Preparation of a Mandatory Cultural Heritage Management Plan (CHMP)

Regulation 7 of the Aboriginal Heritage Regulations 2018 makes provision for when a Cultural Heritage Management Plan (CHMP) is required:

• A cultural heritage management plan is required for an activity if-

(a) All or part of the activity area for the activity is an area of cultural heritage sensitivity; and

(b) All or part of the activity is a high impact activity.

In the case of the land at Seaward Drive, Cape Patterson part of the property contains an area of cultural heritage sensitivity, and future subdivision and development of the land constitutes a high impact activity. For these reasons, as stated in the 2009 report, a mandatory Cultural Heritage Management Plan (CHMP) will be required before any development of the land occurs.

2. Preparation of an Historic Heritage Assessment

• The 2009 report also states that a historic heritage field survey and report also be prepared prior to any development in order to avoid accidental harm to any historic heritage sites that may be present on the property, and ensure compliance with the Heritage Act 2017.

As the property is situated partly within an area of Cultural Heritage Sensitivity and future residential development is defined as a High Impact Activity, the future developers of the land will be required to prepare a mandatory Cultural Heritage Management Plan (CHMP). An approved CHMP will be required prior to the approval of a planning permit.

As part of the CHMP, it is likely that some form of sub-surface testing (excavation) will be required to assess the likelihood of buried Aboriginal archaeological sites occurring on the property. The desktop assessment indicates that there is some likelihood that sites of this type will be found on the property but a more detailed assessment is required to determine this with any degree of certainty. A survey for historic archaeological sites will also be required.

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The Development Plan Overly Schedule 26 notes under Clause 3.0 Conditions and requirements for permits, the following:

• A Cultural Heritage Management Plan and Historic Heritage Assessment for the site and proposed development.

6.4 Community Infrastructure

The Cape Paterson Community Infrastructure Needs Assessment (Nancy Vaughan, May 2015) identified community infrastructure needs within Cape Paterson.

In February 2015, Cape Paterson had minimal commercial facilities and these comprised a general store/take away food shop, a tavern, a cafe, a caravan park and an office space (formerly a take away food shop). Reflecting the small population, community infrastructure is also minimal and takes in Cape Paterson Hall; Cape Paterson Sports Complex (featuring a tennis court, a basketball/netball court and a bocce pitch); the Wonthaggi Life Saving Club building; the Cape Paterson Surf Life Saving Club building; three public toilet blocks; Alan Birt Reserve - a grassed area, bush land, a playground, a BBQ and picnic tables; Park Parade Reserve - a sporting oval, playground, picnic table and rotunda/shelter; as well as a network of walking and shared trails mostly in the foreshore area.

A review of community survey results and interviews with key representatives from community facilities and local agencies has identified the following key issues and gaps associated with existing community infrastructure located in Cape Paterson:

• Strain on foreshore community facilities over the peak season • No disability access to First Surf Beach • Neither life saving club buildings meet club needs for training, storage, patrolling etc. • Duplication of hall facilities • Under-utilisation of Cape Paterson Hall • Low functionality and versatility of Cape Paterson Hall • Limited public transport services • Limited open space away from foreshore • Need to relocate Cape Paterson CFA shed • Bike racks are needed at the beach access points • Limited off-road shared trails and that there is no off-road trail/path connecting the northern parts of the settlement to the Cape Paterson Hall

In addition to the above, the Wonthaggi Life Saving Club was significantly damaged due to a thunderstorm that occurred on 10 May, 2019. The Wonthaggi Life Saving Club website notes the following:

On 10 May, 2019 ‘An intense localised storm cell passing through the state’s southeast which brought more than 135mm of rain and an extensive Hail storm.

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The drainage system was unable to cope with the deluge, which, rather than letting water escape, let more water into the park. The force of the rushing water stripped bricks away from the hall, blew concrete drain covers clear off, washed away access into the park and washed away a significant quantity of sand from the foundations of the building.

This has left the members of the Wonthaggi Life Saving Club struggling for solutions as our lifesaving patrol tower and clubhouse have suffered significant damage and we are preparing to abandon them both as they are unsafe to access’.

The proposed rezoning and growth of the township provides an opportunity through the collection of developer contributions to improve community infrastructure within the existing Cape Paterson township, which benefit both current and future residents. In addition, the population increase will support existing retail and community services. This is reflected in the proposed Development Plan Overlay Schedule which requires these matters to be addressed within any future Development Plan for the land.

6.5 Traffic Management

A Traffic Engineering Assessment has been prepared for the subject site, including land that will be rezoned in the long term. Residential development of the land would create approximately 910 lots, and at full development will generate an upper limit in the order of 9,400 additional vehicle trip ends per day inclusive of 940 vehicle trip ends during the peak tourist season, which is expected to occur only on a few occasions annually.

The land has direct access to Cape Paterson Road and Seaward Drive and new access points to these roads will provide safe and convenient access to the site. The additional traffic generated by the development of the subject land can be accommodated within the surrounding road network and will not compromise its safety or function. The report recommends that the intersection of Seward Drive and Tarooh Street be amended to re-instate the primary east-west function of Seaward Drive.

The proposed amendment requires with the Development Plan Overlay, that a Development Plan provide a layout that appropriately integrates new development with the existing township, including access. Furthermore, there will be opportunity to consider site access vehicle movements as part of future Planning Permit applications to subdivide and develop the subject land. Any application for subdivision will need to meet the intent of the standards and objectives of Clause 56 of the Bass Coast Planning Scheme in relation to vehicle access, carriageway arrangements, pedestrians and on-street parking provisions. A requirement of the proposed Development Plan Overlay is that an application for subdivision also include a Traffic Impact Assessment and Management Plan.

6.6 Retail Needs

An assessment of retail needs in Cape Paterson (Cape Paterson North Retail Assessment, Ethos Urban December, 2019) was prepared to identify the future retail and activity centre requirements arising from the proposed rezoning. The assessment concludes that despite estimated growth in the permanent population and increased visitation, Cape Paterson’s town

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centre has sufficient development opportunities to facilitate commercial development in the future, if required. Wonthaggi is expected to continue to meet resident’s higher order and weekly shopping needs. Accordingly, there is no requirement for additional commercial land to be provided elsewhere in the township.

The proposed and future rezoning of the land will support the viability of existing businesses within Cape Paterson and contribute to a vibrant town centre.

6.7 Infrastructure Servicing

There are no known impediments to provision of electricity, water, telephone or sewer to future residential development, though some upgrades and new works will be required.

There is a town water supply water tower and associated access easement on the site. South Gippsland Water has confirmed that the current bulk water system to Cape Paterson has sufficient capacity to cater for peak week and peak day demands of future residential development of the subject land. However, the current water network has insufficient pressure and flow for higher elevated areas, particularly around the water tower. Works will be required at the time of subdivision to ensure adequate pressure and flow, and reliability of service.

South Gippsland Water has also confirmed that the current sewer network has inadequate hydraulic and treatment capacity to cater for the residential development of the land. Construction of new sewerage infrastructure and/or upsizing the existing infrastructure will be required to accommodate the growth. These works are likely to form conditions on a planning permit for subdivision in the future. There are no technical issues associated with the sewerage servicing of the site.

Overhead powerlines are located on the south side of Seaward Drive and west side of Cape Paterson Road. AusNet Services have advised that the electricity supply network can be upgraded to provide capacity to supply future residential development of the land. Supply to the early stages can be provided from a pole near the corner of Seaward Drive and Park Parade, and next stages can be supplied from Cape Paterson Road. Ultimately to supply the entire development, the overhead 22kV high voltage conductors may need to be upgraded.

The potential to provide mains gas and recycled water will be investigated.

The servicing investigations outlined above demonstrate there are not any major critical issues associated with providing infrastructure servicing to the subject land. It is acknowledged that infrastructure agencies will be likely to impose conditions on the subdivision of the land, which will be logically addressed during the planning permit application stage.

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7.0 STRATEGIC PLANNING ASSESSMENT

The proposed Planning Scheme Amendment will facilitate the future residential development and use of the subject land for residential purposes. In considering the appropriateness of the proposed amendment, the broad issues to be considered include:

• The necessity of the Amendment; • The Planning and Environment Act 1987, the State Planning Policy Framework, the Local Planning Policy Framework, and the relevant Ministerial Directions constitute the strategic basis for the amendment; • The outcome of the Amendment having regard to the proposed planning controls and relevant Planning Practice Notes.

7.1 Necessity of the Amendment

The amendment is required to facilitate the future development of the land for residential purposes.

Bass Coast Shire has experienced strong growth in its permanent residential population for a number of years with its coastal towns accommodating a large proportion of this growth. Forecasting anticipates continued growth within Bass Coast Shire and Cape Paterson. In particular, further growth in the number of retirees seeking coastal living opportunities is expected to occur over the coming decades. While growth in the permanent residential population will drive demand for residential land, demand for holiday homes will also be a key consideration for Cape Paterson where the majority of dwellings (around 67%) are used by non- permanent residents.

However very limited residential land supply currently exists in Cape Paterson, as outlined in section 5. Importantly, whilst on paper the existing supply comprises approximately 8.2 – 12.3 years supply, in reality it provides very limited choice in residential land and housing products, with only a handful of lots (3 lots as of December 2019) in the established township being available for sale. ‘The Cape’ appeals to a smaller proportion of the market place for the reasons discussed in section 5. The proposed rezoning and application of the Development Plan Overlay will provide for an additional element of choice within the Cape Paterson residential land market in the short term. The application of the Development Plan Overlay schedule across the entire Cape Paterson North development plan area will ensure that future development of the long-term portion of land is integrated with the short-term development. It also provides for the coordinated provision of infrastructure through development contributions.

The land subject to this rezoning request has been identified for short term residential growth for more than 10 years. The subject land is the only remaining unzoned urban land within a township boundary within the Bass Coast Planning Scheme specifically identified for short term growth. Its potential is clearly identified within the Cape Paterson Strategic Framework Plan and the Gippsland Regional Growth Plan.

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The proposed rezoning of the subject land will add approximately a further 481 residential lots to the supply and will satisfy the longer term residential requirements in Cape Paterson. The proposed rezoning will add less than one year supply of residential land to the Bass Coast Shire, which is currently 13.4 years, with trends indicating increasing dwelling demand, and declining supply.

7.2 Strategic Basis for the Amendment

How does the Amendment implement the objectives of planning in Victoria?

The amendment will implement the objectives of Planning in Victoria, as set out in Section 4(1) of the Planning and Environment Act 1987 as it would:

• Provide for the orderly and sustainable development of the land for residential, recreational, environmental and other urban purposes. • Facilitate development in accordance with the objectives of the State and Local Planning Policy Frameworks and the urban growth nominated in the Cape Paterson Strategic Framework Plan. • Provide additional residential land supply to a township identified in the Gippsland Regional Growth Plan and Bass Coast Shire Council’s Municipal Strategic Statement as one that can sustain spatial growth within appropriately zoned land within defined settlement boundaries. • Provide provisions which will facilitate appropriate future development that responds sensitively to site features, including protection of biodiversity values, provides a pleasant and safe urban living and recreational environment, which integrates with the existing Cape Paterson township, and provides all required infrastructure to the land.

How does the Amendment address any environmental, social and economic effects?

Environmental Effects

The majority of the site is highly modified and has been extensively cleared for agricultural uses. A small amount of remnant native vegetation exists on the site, and is predominantly located in the south-east part of the site. Seven (7) scattered remnant native trees (Manna Gums) are also located on the site.

The amendment facilitates improved environmental outcomes for the site through the application of the Development Plan Overlay (DPO). The introduction of the DPO across the site ensures that any development occurs in accordance with an approved Development Plan. The proposed Schedule to the Development Plan Overlay provides for areas identified to be high environmental value, including remnant vegetation within dunes, to be protected, maintained and enhanced. This will improve habitat for native fauna species. It also provides for the retention of vegetation along Seaward Drive, which is seen as integral to the character of the site.

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A Biodiversity (Flora and Fauna) Assessment will be required to accompany any application for a planning permit, to quantify the impacts of the proposed subdivision on flora and fauna values and ensure appropriate offsets are provided.

The amendment ensures that a sufficient amount of public open space, consistent with the desired character of the area, is provided on the site. The amendment to the Schedule to Clause 53.01 increases the standard open space contribution for subdivision within the area. The proposed Schedule to the DPO requires that a Development Plan provide a network of passive open space.

There are no registered Aboriginal archaeological sites or any listed historic heritage sites on the land. However, the northern and western sections of the property are within an area of Cultural Heritage Sensitivity as defined in the Aboriginal Heritage Regulations 2018. As subdivision is considered a high impact activity as defined in the Regulations, a mandatory Cultural Heritage Management Plan (CHMP) will be required for any application for planning permit within a sensitive area.

As Cape Paterson has had a long history of coal mining and grazing the possibility of historic archaeological sites occurring on the site cannot entirely be ruled out. Accordingly, a survey for historic archaeological sites will also need to be undertaken the planning permit stage. The proposed Schedule to the DPO includes a requirement for any Development Plan to reinforce these requirements.

As the site is well setback from the coast, it will not be prominent when viewed from the coast, and is directly adjacent to an area that is already developed for urban uses. The proposed Schedule to the DPO requires that viewlines are considered as part of any Development Plan.

Social and Economic Effects

The subject land is not regionally significant for agriculture, and consists of generally poor pasture used for broad acre grazing to maintain the property and derive a small income. The property is not used for intensive agriculture. Grazing of the property is likely to continue on the balance of the property as it is progressively developed. The land has been identified for future urban growth for many years, and it’s rezoning will not have a significant impact on the quantity of productive agricultural land within Bass Coast Shire.

It is noted that the long-term portion of land will remain unchanged until such time that a second planning scheme amendment to rezone this land is approved and a subsequent planning permit issued.

The amendment will facilitate the viable expansion of the Cape Paterson township in a manner that is consistent with the Cape Paterson Strategic Framework Plan, and follows a 10-year strategic planning process, which included substantial community consultation, and identified the land as suitable for urban growth.

By facilitating the growth of the township, the amendment results in additional population accommodated within Cape Paterson which assists in supporting the existing commercial and community infrastructure of Cape Paterson and nearby Wonthaggi. Construction activities will

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also create additional direct and indirect jobs. The strengthening of local employment opportunities is a key issue for the Shire.

The proposed Schedule to the DPO ensures that any Development Plan prepared will:

• Incorporate the protection and enhancement of the key environmental values of the site. • Provide new open space areas that enhance facilities available to the local community. There is little open space currently within the urban part of the existing township. • Provide for the improvement of local community facilities and services through development contributions.

The Schedule requires that a Development Plan integrate with existing residential areas, which would provide an increased sense of neighbourhood, improved access to open space, and through appropriate treatment of the site’s southern interface.

How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy?

The State Planning Policy Framework (SPPF) sets out the broad parameters of planning policy in the State and is a guide for planning authorities and responsible authorities to refer to when administering their roles, including the development of specific planning policy.

There is significant policy support and a strong strategic basis for this amendment. It is considered that the proposed amendment is highly consistent with the relevant policy objectives of the SPPF. These relevant policies as they relate to the proposed amendment have been considered below.

Clause 11 Settlement

The amendment will support future residential development in accordance with the relevant growth plan in accordance with Clause 11.01-1S Settlement. Specifically, the amendment will provide for residential zoned land in accordance with the directions of the Gippsland Regional Growth Plan which identifies medium scale growth within the Cape Paterson settlement boundary as per Clause 11.01-1R – Settlement - Gippsland.

The amendment will ensure a sufficient supply of land is available for residential, recreational, institutional and other community uses consistent with Clause 11.02-1S Supply of Urban Land. The policy provides that planning authorities should plan for at least a 15 year supply of land. The subject site has been identified in the Gippsland Regional Growth Plan for medium scale growth, and in the Cape Paterson Strategic Framework Plan as the favoured location for the future short and long-term growth of the Cape Paterson township. The proposed rezoning of the short term portion of land only will help mediate community concerns regarding land supply and overdevelopment with the long term portion of land subject to consideration in a future planning scheme amendment request. The future amendment request will, again need to demonstrate that additional land supply for residential purposes is required.

The Gippsland Regional Growth Plan supports medium scale growth in Cape Paterson consistent with Clause 11.02-2 Structure Planning. The subject site is already located within the township

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boundary of Cape Paterson and has been identified in the Cape Paterson Strategic Framework Plan as site for short term and long term future urban growth. The amendment facilitates coordinated growth in accordance with these policies through the utilisation of appropriate planning tools including the GRZ1 and application of the DPO.

Consistent with Clause 11.02-3S Sequencing of Development, the subject site is one of the last remaining nominated short term growth areas within Bass Coast, and one of largest identified future development sites within the municipality. It will provide significant residential opportunities to support growth in the region. The land will contribute less than one year residential land supply to the current 13.4 years’ supply. The land has been identified as suitable for urban growth for a number of years, and there are no constraints to servicing. The amendment ensures that future development would integrate with the existing Cape Paterson township and associated physical infrastructure through the application of the proposed Schedule to the DPO.

The amendment will facilitate future development that will create a diverse and integrated network of public open space commensurate with the needs of the community. The proposed Schedule to the DPO requires a Development Plan to provide a network of passive open space and areas for environmental protection, that serves the recreational needs of residents and visitors, incorporates existing natural features, and includes shared path linkages internally and connecting with nearby areas. The proposed amendment to the Schedule to Clause 53.01 provides for an increased contribution of open space than that usually required.

The amendment facilitates the development of a diverse coastal settlement which provides for a broad range of housing types consistent with Clause 11.03-4S Coastal Settlement. The site abuts the existing residential area of Cape Paterson and is located within the nominated township boundary. The site is located away from sensitive foreshore environments and its future development would not have any impact on sensitive coastal areas.

Clause 11.03-5S Distinctive Areas and Landscapes is relevant to the amendment. In October 2019, the entire Bass Coast Shire municipality was declared a Distinctive Area and Landscape (DAL) under the Planning and Environment Act 1987. The declaration triggered the requirement to prepare a Statement of Planning Policy which is intended to better protect the Bass Coast area’s unique landscapes, environment, and lifestyle. A planning response to the Distinctive Area and Landscape - Phase One Bass Coast Community Engagement Report has been prepared and included with the formal planning documentation in support of this planning scheme amendment. The response provides the following conclusions:

• The subject land is not considered environmentally significant but does contain areas to be protected and enhanced. • The amendment is generally consistent with the Cape Paterson Strategic Framework Plan. • Land forms of potential heritage and / or environmental significance can be protected through development controls, • The amendment will provide a benefit to the Cape Paterson community through the delivery of infrastructure improvements.

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The amendment ensures that community values will be protected and enhanced through the application of the proposed Development Plan Overlay Schedule 26 including, the protection and enhancement of remnant vegetation, consideration of Aboriginal Cultural Heritage and historical heritage, integration and responsiveness to the existing residential area and provision of development contributions that will benefit existing residents and new residents alike.

The amendment supports an integrated planning outcome for the short term and long term development of Cape Paterson, consistent with Clause 11.03-6S Regional and local places. The amendment implements the strategic direction for this land and in doing so will strengthen Cape Paterson’s identity within the region and ensure its long term prosperity and environmental sustainability. The proposed DPO Schedule will ensure the appropriate staging of development having regard to servicing requirements, and will provide for the coordinated provision of infrastructure through developer contributions. The application of the DPO over the short term and long term development area provides the community and Council with certainty of coordinated infrastructure and community services, and will enhance currently underutilised facilities and services and enhance the viability the town centre.

Clause 12 Environmental and Landscape Values

This amendment, through the application of the DPO will ensure that a future Development Plan for the subject land identifies areas of high environmental value to be protected, maintained and enhanced to minimise further decline of the site’s indigenous vegetation and biodiversity. In particular, consistent with Clause 12.01 Biodiversity and Clause 12.02 Coastal Areas it highlights the dune areas of being of particular importance. It also requires that applications for subdivision quantify the impacts of the proposed subdivision on flora and fauna values and ensure appropriate offsets are provided. Building envelopes are to be provided on lots that contain significant vegetation.

Clause 13 Environmental Risks and Amenity

This Clause outlines that planning should adopt a best practice environmental management and risk management approach in seeking to avoid or minimise environmental hazards and degradation. The proposed Schedule to the DPO is consistent with this Clause whereby it requires that a Development Plan identify measures to reduce and manage bushfire risk. The land is not affected by a Bushfire Management Overlay but is located within a broader Bushfire Prone Area (BPA). As the amendment would facilitate residential development within a BPA, a Bushfire Attack Level (BAL) Assessment Report would need to be undertaken for the site and any future dwelling certified would need to meet a minimum BAL rating of 12.5. This would be addressed in detail at the planning permit stage of the subdivision of the land. A BAL Assessment would also be undertaken prior to the certification of any residential dwelling on the site.

Clause 14 Natural Resource Management

A relevant sub-clause includes Clause 14.01-1S Protection of agricultural land, where the objective is: 'To protect productive farmland, which is of strategic significance to the local or regional context'. As outlined in the Rural Land Strategy, Agriculture is an important part of the local economy generating around 7% of total economic output and 8% of all jobs. The largest

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commodity groups by value of production are dairy ($52million) and meat ($28million) (Bass Coast Rural Land Use Strategy, 2014).

Agricultural use of the subject land is restricted to grazing and rural living. It is not nominated as farmland of particular significance. The major impact of the proposed rezoning is to ultimately remove agriculture as a form of land use. The current farming system is beef production which is operating at moderate levels of productivity, the main constraint being stocking rate. The land is identified as Class 4 land, and is generally unsuitable for cropping. Because of the small size of the property and its stocking rate limitations, the loss of grazing capacity is not high and should be easily accommodated in other districts. The permanent loss of the land from agricultural use is proposed on a strategic and planned basis as the site has been identified in the Bass Coast Strategic Coastal Planning Framework as an appropriate expansion of Cape Paterson.

The proposed Development Plan Overlay requires that a Development Plan provide for the orderly sequencing and staging of development to meet demand. Existing farming uses will continue on the land as the land is progressively developed for urban township purposes. Given the low scale agricultural operations on the land, it is not expected that there will be any amenity issues associated with the continuation of existing farming practices. Potential impacts of future development on adjoining agricultural land, which is also not used intensively, can be easily managed at the interface through vegetative buffering.

Consistent with Clause 14.02-1S Catchment Planning and Management, the proposed Schedule to the DPO will require the preparation of an integrated drainage strategy as part of a Development Plan. A strategy has been prepared for a future development of the site. The concluded development of the land is achievable without adverse stormwater impact on downstream properties or ecological habitats, and will in fact reduce existing flooding impacts through the existing township. The proposed amendment and DPO Schedule also requires that any application for a planning permit for subdivision provide an Integrated Water Management Statement detailing how stormwater will be managed, having regard to the Integrated Drainage Strategy prepared as part of the approved Development Plan. This will ensure that any future development protects and, where possible, restores catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 15 Built Environment and Heritage

The proposed Schedule to the DPO will establish a framework for development of the site to ensure all new land use and development appropriately responds to its context (landscape, valued built form and cultural context) and is consistent with Clause 15.

Consistent with Clause 15.03-1 Heritage Conservation the development will be subject to further detailed heritage and archaeological studies as outlined in the proposed DPO Schedule and any design response will need to protect the natural and heritage values of the site. Further, as per Clause 15.03-2 Aboriginal Cultural Heritage, the Schedule requires that a Development Plan provide measures for the protection of heritage values, including addressing the potential sensitivity of dune ridges. The northern and westernmost parts of the subject land are within

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an area of Aboriginal heritage sensitivity. A mandatory Cultural Heritage Management Plan will be prepared for the relevant land at the planning permit application stage. The findings of the CHMP will inform the final design response for the site.

Clause 16 Housing

The proposed rezoning will provide for a housing market that will meet community need, consistent with Clause 16. This Clause identifies the need for housing diversity which has sufficient access to services and supporting infrastructure. The land has been previously identified within a number of State and local policies and strategies as a growth area due to its location and the available access to services and supporting infrastructure.

The Clause further illustrates the need to ensure increasing housing types are diverse and meet the needs of households as they move through life cycle changes and to support diverse communities. Housing choice in Cape Paterson is currently very limited and the proposed rezoning will contribute to hosing choice and affordability.

The application of the Development Plan Overlay will ensure that future urban design will incorporate networks of open space and walking and cycling paths. Future applications for subdivision will be required to be consistent with Clause 56, and the sustainability provisions in that Clause.

Clause 18 Transport

The proposed Schedule to the DPO requires that a Development Plan provides for a safe and sustainable movement network consistent with Clause 18.01 and Clause 18.02 such that road layouts and connections integrate with and facilitate access to the existing Cape Paterson township, and such that it provides a convenient and safe pedestrian and bicycle network. A Traffic Impact Assessment and Management Plan will be required for all proposals for subdivision or development of land in accordance with an approved Development Plan.

Clause 19 Infrastructure

Broadly, Clause 19 seeks to ensure the provision of social and physical infrastructure in an efficient, equitable, accessible and timely manner. This has been a key consideration of this amendment and considerable research and planning, and community consultation has been undertaken. The proposed Schedule to the DPO requires that a development plan provide for drainage and community infrastructure which will benefit future residents and existing residents of Cape Paterson. It also requires a Development Plan to provide for indicative development sequencing and staging including the delivery of key infrastructure. This will include a schedule showing the approximate costs of works to be carried out by the developer and apportionment of contributions to relevant infrastructure, being roadworks, community facilities, service infrastructure, drainage, and landscaping.

How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

The following policies of the MSS and LPPF apply to the subject amendment.

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Clause 21.01 Council Profile

Relevant to this amendment, Council’s vision, articulated at Clause 21.01-5 The Vision seeks that “Residential development and related urban land uses [are] contained to existing activity nodes and designated growth areas.” The Amendment is consistent with Council’s vision for the Municipality, as it would facilitate residential development within an identified growth area.

Council’s vision also seeks high quality urban areas which benefit residents and visitors, diverse housing options and types, vital commercial areas, networks of vegetation, improved water quality and catchments, and protection of views and heritage sites. It seeks that “New developments designed and sited to complement the specific context in which they sit and take account of existing land form, vegetation and urban character.” Through the application of the proposed Schedule to the DPO, the proposed Amendment would result in a high quality urban environment, which enhances the surrounding natural environment, provides a range of housing options and provides recreational opportunities for existing and future residents.

Clause 21.02 Settlement

Clause 21.02 -1 Growth of Towns notes the hierarchy of townships and villages within Bass Coast Shire. Cape Paterson is identified within this Clause as a ‘Village’, as a settlement with moderate population levels and seasonal fluctuations. Council has prepared Design Frameworks and Structure Plans for all towns and informs the Low Growth Settlements section at Clause 21.09. These provide more specific guidance about future land use in the Shire’s towns. A key objective of this Clause is to identify towns that are suitable for urban growth, and restrict urban development to existing urban areas except where the land is identified in an adopted Structure Plan as being within a future settlement boundary.

The amendment would facilitate expansion of Cape Paterson within a nominated growth area and within an existing township boundary. It would apply an appropriate zone to the land proposed to be developed in the short term, and through the proposed DPO Schedule provide for the enhancement of community infrastructure, and ensure that future development enhances the sense of identity for Cape Paterson through integration with the existing township. Consistent with the Clause, staging of the development will need to be in accordance with a development plan to be approved by Council.

Clause 21.04 Environment

Clause 21.04-3 Biodiversity Conservation and Habitat Protection recognises the decline and fragmentation of indigenous vegetation and loss of biodiversity as a major issue in the Shire. The amendment would introduce a new Development Plan Overlay schedule to the site, which would ensure that all development occurs in accordance with a Development Plan. The Development Plan needs to identify any areas of high environmental value to be protected, maintained and enhanced.

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other similar systems, as a means of storing floodwater, improving water quality and adding to natural habitats. The proposed Schedule to the DPO will require the preparation of an integrated drainage strategy as part of a Development Plan. The proposed amendment and DPO Schedule also requires that any application for a planning permit for subdivision provide an Integrated Water Management Statement detailing how stormwater will be managed, having regard to the Integrated Drainage Strategy prepared as part of the approved Development Plan. This will ensure that any future development protects and, where possible, restores catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 21.04-5 Environmental Hazards notes the risks associated with fire, and requires that development be sited, designed and constructed to minimise the impact of emergency conditions arising from fire. The proposed Schedule to the DPO requires that a Development Plan identify measures to reduce and manage bushfire risk.

Clause 21.05 Landscape and Built Form

Clause 21.05-1 Landscape overview highlights that ‘The coastal landscapes and hinterlands are highly valued by the community for their visual, environmental and cultural qualities, as well as being productive agricultural land.’ The proposed Schedule to the Development Plan requires that a Development Plan respond to the site features and context, including topography of the land including key view lines.

Clause 21.05-2 Character areas identifies Cape Paterson to be within the Bunurong Coast and Hinterland Character Area, and identifies it to be ‘a coastal holiday home location set atop the rugged coastline’. Consistent with the policy, the rezoning is restricted to the short term portion of land located within the existing designated township boundary and within the nominated growth area. The land is set back from the coast.

Consistent with Clause 21.05-4 Design and built form the proposed Schedule to the DPO requires that new development be integrated with the existing township, including access and interface treatment.

Consistent with the requirements of Clause 21.05-5 New Urban Subdivision, the proposed amendment ensures that future subdivision provides the necessary physical infrastructure, including open space, road, bicycle and pedestrian links, and reticulated services. The amended Schedule to Clause 53.01 requires an increased open space contribution, applicable to all land within the proposed development area.

Clause 21.06 Infrastructure

Clause 21.06-3 Transport notes that the majority of residents and visitors rely on cars for transportation and public transport is minimal. The proposed Schedule to the DPO requires that a Development Plan provide for road layouts including internal roads and connections to existing road networks that integrate with and facilitate access to the existing Cape Paterson

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township. A planning permit application for subdivision will need to be accompanied by a Traffic Impact Assessment under the proposed DPO.

In addition, consistent with this Clause, the Development Plan will need to provide a convenient and safe pedestrian and bicycle network in accordance with the Bass Coast Shire adopted Bicycle Strategy and including a direct pedestrian link to Seaward Drive.

The proposed Schedule to the DPO requires that a Development Plan provide for improvements to community infrastructure within the Cape Paterson township, which benefit future residents, and that are located external to the subject site consistent with Clause 21.06-4 Community Facilities. Additionally, as a requirement of the proposed Schedule to the Development Plan Overlay, a Development Contributions Scheme is to be included. The Development Plan is to outline sequencing and staging, and infrastructure delivery, and apportioned contributions to ensure delivery. Further, the development contributions schedule has been written to allow for the delivery of infrastructure in the short term, consistent with the proposed rezoning of the land.

The size of the site and its context would provide numerous opportunities for the provision of passive open space and a range of recreational opportunities consistent with Clause 21.06-5 Open space and recreation. The Schedule to the Development Plan requires open space, drainage, road, and community infrastructure to be provided. The amended Schedule to Clause 53.01 requires an increased open space contribution for this area.

Clause 21.09 Low Growth Settlements

Clause 21.09-7 Cape Paterson identifies Cape Paterson as a small to medium sized settlement, that was traditionally a holiday/recreational village but which now has an increasing permanent population. The Clause includes the Cape Paterson Strategic Framework Plan and identifies the settlement boundary, in which future urban development should be contained. This amendment, to rezone the short term portion of land, is consistent with this Clause, as the subject land is included within the preferred settlement boundary and is identified in the clause as a location for short (and long term) residential development. It is policy that “In the event additional recreation areas are required, the northern precinct for long-term development is considered an appropriate location”, this referring to the subject land.

In addition, policy seeks to “Limit community and commercial facilities in the other precincts of town to ensure that the existing main centre remains viable and central to the commercial needs of the town.” The proposed amendment will support the viability of the existing town centre through the increase in population, and through developer contributions required in the proposed Schedule to the DPO will contribute to the upgrade of existing community facilities.

In relation to infrastructure, the Clause notes that “Development north of Seaward Drive should be subject to assessments of required utility service upgrades, local traffic analysis, and traffic management measures may be required to minimise impacts on the existing road network and surrounding areas, including appropriate road extensions, upgrading, reconfiguring, enhancing and landscaping of existing impacted streets and intersections.” Also that, “The road status of Seaward Drive should be updated to reflect its function as a collector road as development to

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the north and west of Cape Paterson goes forward.” All relevant technical assessments have been undertaken to inform the amendment and the future subdivision layout, as set out within the proposed Schedule to the DPO.

Clause 22.01 Stormwater Management Policy

It is policy to maintain stormwater flows and discharges at a maximum of the pre-development flow level, and to manage flooding and drainage so as to minimise risks to the community and the environment. This policy requires a stormwater management strategy to be submitted with any subdivision application, and outlines the requirements for it.

Consistent with the requirements of Clause 22.01, the amendment would ensure that consideration of stormwater management occurs in the decision-making for the use and development of the land. An overarching integrated Drainage Strategy is required as part of the Development Plan. An Integrated Water Management Statement will be prepared as part of any planning permit application for the subdivision of the site, as required by the proposed Schedule to the Development Plan. A Drainage Strategy prepared for the future development of the land confirms that drainage can be managed without adverse stormwater impact on downstream properties or ecological habitats, and will in fact reduce existing flooding impacts through the existing township.

Clause 22.02 Hilltop, Ridgeline, and Prominent Coastal Landform Protection Policy

Whilst no specific hilltops, ridgelines and prominent coastal landforms have been nominated as significant on the subject land, the land is part of a broader significant coastline. The site includes some dunes and low hills. It is policy that development on ridgelines, prominent hill faces or distinctive coastal landforms should be avoided wherever possible. The proposed Schedule to the DPO requires that a Development Plan provides a layout that responds to the existing topography of the land including key viewlines. The Development Plan and any future application will need to respond directly to this policy.

7.3 Outcome of the Amendment

The amendment makes proper use of the Victoria Planning Provisions. The amendment rezones the land identified as short term residential growth under Clause 21.09-7 from Farming Zone to General Residential Zone 1 and removes the SLO4 and ESO1 from this land also. This amendment also seeks to and apply a new Schedule to the DPO across the entire Cape Paterson North Development area to provide a coordinated approach to the delivery of infrastructure in the longer term. The amendment also amends the Schedule to Clause 53.01, to increase the contribution towards public open space.

The proposed Planning Scheme Amendment is an appropriate response to the site and surrounding area, and the proposed changes to the Bass Coast Planning Scheme would provide for the most appropriate planning controls. The proposed Planning Scheme Amendment responds to the identified demand for housing within Bass Coast Shire, and would provide increased choice and affordability.

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The rezoning of the site will provide for the fair, orderly, economic and sustainable use and development of the land. The proposed zone and DPO are suitable as they provide for the use and development of the site for township purposes consistent with the strategic intent for the land as set out in State and local planning polices, the Cape Paterson Strategic Framework Plan and having regard to the context of the site and the surrounding area. The land proposed for rezoning is identified for short and long term urban growth.

The GRZ1 is the most appropriate zone for the proposed development outcome, in that it facilitates residential development and protects residential amenity in an ongoing sense following development. The Development Plan Overlay requires that a future Development Plan provide for the orderly sequencing and staging of development to meet demand and to ensure the coordination of infrastructure in a timely manner. Existing farming uses will continue in the interim until the land is progressively developed and the long term portion of land rezoned (via a future planning scheme amendment), and given the low intensity of farming on the subject land and adjoining land, would not be impacted by the rezoning and progressive development in the interim.

The amendment will ensure appropriate residential design and development through the implementation of the Development Plan Overlay. A DPO requires that a planning permit cannot be issued for subdivision and construction of a new dwelling until a Development Plan has been approved. The proposed DPO sets out the requirements for a Development Plan. In this way, the application of the Development Plan Overlay will facilitate development in accordance with the site assessments and recommendations of technical advice provided for the amendment, and ensure the environmental and coastal township character qualities of the land are appropriately managed. Further to this, the proposed DPO Schedule requires the preparation of Design Guidelines as a condition of permit to ensure that the future dwellings will be responsive to the natural landform and the coastal setting. The Design Guidelines will be prepared to ensure that all homes are built to a high standard and contribute to the establishment of high quality streetscapes and sustainable outcomes within the estate. The provisions of the Design Guidelines will be incorporated into the restrictions created by the Plans of Subdivision or via a Section173 Agreement.

The amendment has been prepared based on State Government guidelines for preparing Development Plan Overlays and in reference to Clause 43.04 of the Bass Coast Planning Scheme, tailoring the overlay to the design and development objectives of this site.

Application of the GRZ1 to the short term portion of the land and the DPO to the whole of the Cape Paterson North development area ensures that the future development is undertaken in a coordinated way, environmental responses are appropriately addressed, and that infrastructure can be provided that benefits the wider township. It also ensures that landholders and nearby residents have a degree of certainty about the way that the land will develop.

The amendment proposes that the SLO4 and ESO1 be removed from the land proposed to be rezoned. This is appropriate as they were applied to the land on the basis that this area was non-urban. This is consistent with the approach taken in the existing township, including newer

Cape Paterson North Planning Scheme Amendment C136 – Page 54

subdivisions at ‘The Cape’ and in ‘The Golden Cape’ in the west of the township. Landscape, views and biodiversity matters are appropriately dealt with in the proposed DPO as part of the amendment, and existing State and local policy.

Cape Paterson North Planning Scheme Amendment C136 – Page 55

8.0 CONCLUSION

This report supports the proposed Planning Scheme Amendment which seeks the rezoning of 2 Seaward Drive, Cape Paterson (Lot 1 on Plan of Subdivision 219915T), 20 Seaward Drive, Cape Paterson (Lot 1 on Plan of Subdivision 417548A) and 40 Seaward Drive, Cape Paterson (Lot 2 on Plan of Subdivision 417548A) from Farming Zone (FZ) to General Residential Zone (GRZ1) and remove the Significant Landscape Overlay (SLO4) and Environmental Significance Overlay (ESO1) from this land also.

In addition, this Planning Scheme Amendment seeks to apply the Development Plan Overlay to the entire Cape Paterson North development area which comprises:

Finally, the amendment modifies the Schedule to Clause 53.01, to increase the contribution towards public open space.

This report notes that:

• Cape Paterson’s population is currently estimated at 900 persons in 2018, having increased from approximately 790 residents in 2013, representing an average annual growth rate of +2.6%. The proposed amendment will add less than one-year’s supply of residential land to the Bass Coast Shire which is currently 13.4 years, with trends indicating increasing dwelling demand, and declining supply. • There is currently limited choice for housing within Cape Paterson. The application of the GRZ1 will assist in the provision of dwelling diversity and housing choice for Cape Paterson and the wider region. • There are no critical issues that would prevent the development of the site. Any conditions of infrastructure servicing authorities can be logically managed as part of a future Planning Permit application to subdivide the land. • The rezoning of the land would not result in a significant loss of agricultural land, and would not impact on surrounding agricultural land uses. • The rezoning is consistent with the Gippsland Regional Growth Plan, and Bass Coast Planning Scheme. • The Traffic Assessment concluded that access from Cape Paterson Road and Seaward Drive can provide sufficient access to the site. The level of anticipated additional traffic generated at full development was assessed to not compromise the safety or function of the surrounding road network against existing traffic volumes in the vicinity of the site. • The land is the last remaining unzoned residential growth area within a township boundary specifically nominated for short term growth in Bass Coast Shire.

Cape Paterson North Planning Scheme Amendment C136 – Page 56

• The proposed application of the Development Plan Overlay will facilitate the orderly development of the subject site and ensure the environmental and coastal township character qualities of the site are appropriately managed through the future subdivision and development of the land. • The proposed application of the Development Plan Overlay will facilitate the appropriate planning and development of the subject site and the integration of services such as road connections, bike and pedestrian links, and public open space and contribute to improved community infrastructure within Cape Paterson. Further, the requirement for the preparation of Design Guidelines as a condition of any permit to issue will ensure an appropriate coastal response of all future dwellings. • The proposed Planning Scheme Amendment will have positive economic impacts, as the future development of the land will provide opportunities for local businesses, both during construction and as a consequence of an increased population base. The future development of the land will contribute to the viability of retail and commercial businesses in the Cape Paterson town centre, and potentially contribute to the attraction of additional facilities and services that would benefit the entire Cape Paterson community, and support the tourism sector. • The site is identified for short and long term urban growth. Application of the GRZ1 and DPO ensures that the future development is undertaken in a coordinated way, environmental responses are appropriately addressed, and that infrastructure can be provided that benefits the wider township. It also ensures that landholders and nearby residents have a degree of certainty about the way that the land will develop.

The relevant policies contained within the Bass Coast Planning Scheme and the relevant sections of the Planning and Environment Act 1987 provide strong support for the amendment, and form a strategic basis for the rezoning and development of the land for residential purposes.

Cape Paterson North Planning Scheme Amendment C136 – Page 57

Cape Paterson North Planning Scheme Amendment C136 – Page 58

9.0 APPENDICES

Cape Paterson North Planning Scheme Amendment C136 – Page 59

Appendix A Certificate of Title

Cape Paterson North Planning Scheme Amendment C136 Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1 Land Act 1958 VOLUME 09969 FOLIO 254 Security no : 124072696949F Produced 03/07/2018 01:43 pm

LAND DESCRIPTION

Lot 1 on Plan of Subdivision 219915T. PARENT TITLE Volume 07226 Folio 094

REGISTERED PROPRIETOR

Estate Fee Simple TENANTS IN COMMON As to 2 of a total of 4 equal undivided shares Sole Proprietor LOUISA PANORAMA PTY LTD of 16 MCCARTIN STREET LEONGATHA VIC 3953 As to 1 of a total of 4 equal undivided shares Joint Proprietors WAYNE ANTHONY SKATE SARA ANNE SKATE both of 35 CASSIA STREET CAPE PATERSON VIC 3995 As to 1 of a total of 4 equal undivided shares Sole Proprietor W & S SKATE PTY LTD of 35 CASSIA STREET CAPE PATERSON VIC 3995 AL395030R 01/10/2014

ENCUMBRANCES, CAVEATS AND NOTICES

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan or imaged folio set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE LP219915T FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------END OF REGISTER SEARCH STATEMENT------

Additional information: (not part of the Register Search Statement)

Street Address: 2 SEAWARD DRIVE CAPE PATERSON VIC 3995

DOCUMENT END

Title 9969/254 Page 1 of 1

Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1 Land Act 1958 VOLUME 10403 FOLIO 838 Security no : 124072696980W Produced 03/07/2018 01:45 pm

LAND DESCRIPTION

Lot 1 on Plan of Subdivision 417548A. PARENT TITLE Volume 09969 Folio 255 Created by instrument PS417548A 01/10/1998

REGISTERED PROPRIETOR

Estate Fee Simple Sole Proprietor CAPE PATERSON BOWLS CLUB INC of 25 WHEELERS ROAD CAPE PATERSON VIC 3995 AB692378D 13/11/2002

ENCUMBRANCES, CAVEATS AND NOTICES

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE PS417548A FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------END OF REGISTER SEARCH STATEMENT------

Additional information: (not part of the Register Search Statement)

Street Address: 20 SEAWARD DRIVE CAPE PATERSON VIC 3995

DOCUMENT END

Title 10403/838 Page 1 of 1

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1 Land Act 1958 VOLUME 10363 FOLIO 827 Security no : 124072697928R Produced 03/07/2018 02:10 pm

LAND DESCRIPTION

Lot 2 on Plan of Subdivision 410049H. PARENT TITLE Volume 08174 Folio 008 Created by instrument PS410049H 12/01/1998

REGISTERED PROPRIETOR

Estate Fee Simple Sole Proprietor ROBYN MARGARET DUKE of 3/64 EDGAR ST. NORTH GLEN IRIS 3146 V989614L 14/04/1999

ENCUMBRANCES, CAVEATS AND NOTICES

CAVEAT AG272796J 31/12/2008 Caveator WALLIS WATSON CAPE PATERSON PTY LTD Capacity SEE CAVEAT Lodged by LUSCOMBE COLAHAN Notices to LUSCOMBE COLAHAN of 45 MCBRIDE AVENUE WONTHAGGI VIC 3995

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE PS410049H FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------END OF REGISTER SEARCH STATEMENT------

Additional information: (not part of the Register Search Statement)

Street Address: SEAWARD DRIVE CAPE PATERSON VIC 3995

DOCUMENT END

Title 10363/827 Page 1 of 1

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1 Land Act 1958 VOLUME 10403 FOLIO 839 Security no : 124072697001Y Produced 03/07/2018 01:45 pm

LAND DESCRIPTION

Lot 2 on Plan of Subdivision 417548A. PARENT TITLE Volume 09969 Folio 255 Created by instrument PS417548A 01/10/1998

REGISTERED PROPRIETOR

Estate Fee Simple Sole Proprietor WALLIS WATSON CAPE PATERSON PTY LTD of LEVEL 1 356 MAIN STREET MORNINGTON VIC 3931 AG428471Y 30/03/2009

ENCUMBRANCES, CAVEATS AND NOTICES

MORTGAGE AG428472W 30/03/2009 NATIONAL AUSTRALIA BANK LTD

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE PS417548A FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------END OF REGISTER SEARCH STATEMENT------

Additional information: (not part of the Register Search Statement)

Street Address: 40 SEAWARD DRIVE CAPE PATERSON VIC 3995

ADMINISTRATIVE NOTICES

NIL eCT Control 16089P NATIONAL AUSTRALIA BANK LIMITED (59) Effective from 23/10/2016

DOCUMENT END

Title 10403/839 Page 1 of 1

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1 Land Act 1958 VOLUME 10363 FOLIO 828 Security no : 124072697027V Produced 03/07/2018 01:46 pm

LAND DESCRIPTION

Lot 3 on Plan of Subdivision 410049H. PARENT TITLE Volume 08174 Folio 008 Created by instrument PS410049H 12/01/1998

REGISTERED PROPRIETOR

Estate Fee Simple Joint Proprietors MICHAEL MARTIN O'SULLIVAN EILEEN ELIZABETH O'SULLIVAN both of 140 SEAWARD DR. CAPE PATERSON 3995 X243225L 04/01/2001

ENCUMBRANCES, CAVEATS AND NOTICES

MORTGAGE X243226H 04/01/2001 RAMS MORTGAGE CORPORATION LTD

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE PS410049H FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------END OF REGISTER SEARCH STATEMENT------

Additional information: (not part of the Register Search Statement)

Street Address: 140 SEAWARD DRIVE CAPE PATERSON VIC 3995

DOCUMENT END

Title 10363/828 Page 1 of 1

Appendix B Distinctive Area and Landscape Report

Cape Paterson North Planning Scheme Amendment C136

Response to the DAL Phase One - Community Engagement Key Findings Report

Bass Coast Planning Scheme Amendment C136

Client Wallis Watson Cape Paterson Pty Ltd

Issued 12/06/2019

Melbourne Office 1 Glenferrie Road PO Box 61 Malvern VIC 3144 Tel: (03) 9524 8888

beveridgewilliams.com.au

Client: Wallis Watson Cape Paterson Surveying Asset Recording Pty Ltd Civil Engineering Infrastructure Engineering Issued: 12/06/2019 Traffic & Transport Engineering Version: 1 Environmental Consulting Water Resource Engineering Prepared by: Fiona Wiffrie Strata Certification (NSW) Town Planning Checked by: Hayley Down Urban Design Landscape Architecture Project Manager: Lincon Morris Project Management Project Number: 3927

Revision Table

REV DESCRIPTION DATE AUTHORISED A Draft 06-12-2019

B Final 17-12-2019 BC

Copyright Notice © Copyright – Beveridge Williams & Co P/L Users of this document are reminded that it is subject to copyright. This document should not be reproduced, except in full and with the permission of Beveridge Williams & Co Pty Ltd

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Contents INTRODUCTION ...... 3 STATEMENT OF PLANNING POLICY ...... 5 1.1. Landscape 5 1.2. Biodiversity and environmental value 6 1.3. Water catchments and supply, Transport and Infrastructure 8 1.4. Aboriginal culture, heritage and caring for Country and post contact cultural heritage 8 1.5. Agriculture and natural resources 8 1.6. Tourism and Recreation 9 1.7. Risk and Resilience 9 1.8. Settlements and Settlement boundary maps 10

Appendix APPENDIX A: Bass Coast distinctive areas and landscape – community engagement keY findings report

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INTRODUCTION

The Department of Environment, Land, Water and Planning (DELWP) is collaborating with the Bass Coast Shire Council and the Bunurong Land Council, to declare the Bass Coast as a Distinctive Area and Landscape (DAL) under the Planning and Environment Act 1987.

DELWP has recently released the Bass Coast – Distinctive Areas and Landscapes Community Engagement Key Findings Report. The report presents a summary of the key findings from the first phase of public engagement for the Bass Coast DAL which will shape a 50-year vision for the region.

The participants of the public engagement were asked to consider what they valued most about the Bass Coast, the threats to these values, and how these values can be protected. Participants were asked to explore five key themes: natural environments, landscapes and scenic views, culture and heritage, townships and settlements, and areas of economic prosperity. A review of the Phase One Key Findings Report notes the following responses:

Value

Across the five themes, the most frequently identified values were:

• Beaches • Natural landscapes • Aboriginal heritage and history • Township character • Tourism Threats

Across the five themes, when participants were asked to identify the threats to what they value, they most frequently noted:

• Overdevelopment • Buildings as a ‘visual intrusion’ on the landscape • Development threatening sites of Aboriginal and European historical value • Removal of vegetation, development outside of township boundaries and loss of identity and character • Inadequate infrastructure for growth Protection

Across the five themes, when participants were asked how their values should be protected, they most frequently noted:

• Protecting habitats • Planning mechanisms – maintain zoning and having strict settlement boundaries • Planning mechanisms – better planning and heritage controls, definition of specific township character, retaining existing township boundaries and height restrictions • Increased education to protect cultural and heritage sites • Protecting agricultural, farming land, rural zone controls. Visioning

Participants were asked to envision what they want the Bass Coast lifestyle to be like in 2070. Overall, responses to the visioning question were reflective of the identified key areas of value. Key themes included:

• Natural environment, vegetation, wildlife and marine environment and life

• Farmland and food production, the countryside or rural landscapes • Township connection to the coastline, bushland and rural landscapes • Economic sustainability, keeping the status quo, growth mindful of environmental sustainability

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• Community, friendliness, retaining connections with Bass Coast and a shared connection to the land. The values identified within the Phase One Key Findings Report are applicable across the wider bass Coast municipality, however they generally reflect the emotion and opinions surrounding the values within Cape Paterson.

Council has well established strategic policies, structure plans and statutory controls in relation to Cape Paterson that address the majority of the issues identified in the Phase One Key Findings Report.

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STATEMENT OF PLANNING POLICY

Following the declaration of Bass Coast as a Distinctive Area and Landscape, a Statement of Planning Policy will be developed to better protect the Bass Coast area’s unique landscapes, environment, and lifestyle. It is expected that the Statement of Significance will support the Bass Coast Planning Scheme and help implement legislation - primarily the Planning and Environment Act 1987 - creating a framework for future use and development of land that protects and conserves the distinctive attributes of Bass Coast.

Using the Macedon Ranges Statement of Planning Policy as a guide, a response to the key policy areas has been prepared, relying on the findings of the Phase One Bass Coast Community Engagement Report.

The Policy Domains to be addressed include:

• Landscape • Biodiversity and environmental value • Water catchments and supply, Transport and infrastructure • Aboriginal culture, heritage and caring for Country and post-contact cultural heritage • Agriculture and natural resources • Tourism and recreation • Settlements and settlement boundary maps

• Risk and resilience Each Policy Domain identifies objectives and strategies to protect and conserve the declared area’s distinctive attributes. The Domains reflect the objectives of the Planning and Environment Act 1987 in relation to distinctive areas and landscapes, and recognise that the area’s landscapes are formed by a complex interaction of the area’s unique geology, ecology, history, and land uses.

1.1. Landscape

The Phase One Key Findings Report identified beaches to be the most valued feature of the municipality. Rock platforms and formations such as Eagle’s Nest, the connection of beaches and cliff faces, as well as the views of beaches connecting with farmlands, rural landscapes and rolling hills were highly valued by the community. Landscape and scenic views were considered of value with regard to recreation and native fauna.

1.1.1. Amendment C136 Response

The subject land is within an undulating area with vegetation stands dispersed throughout the site together with high points adjacent to the northern boundary alignment. The site has an approximate 1000m² frontage to Seaward Drive on its southern boundary. The existing development of Cape Paterson is located immediately south of Seaward Drive. The eastern boundary of the site is approximately 1,400m in length and abuts Cape Paterson Road, a Vic Roads arterial road that comprises a 3.5m wide traffic lane in each direction and 1.3m sealed shoulders on both sides. The Cape Paterson Road reservation ranges from approximately 28 – 32m. The northern boundary of the subject site adjoins grazing land. The coastline is located approximately 2.1km west of the land to be rezoned (approximately 1.3km from the western boundary of the development plan area). Farming land separates the subject land from the coast.

The landscape values of Cape Paterson are unlikely be compromised as a result of the proposed rezoning given the site’s location away from the coastline and beach to which the existing urban area fronts. The Development Plan Overlay Schedule 26 requires integration with the existing residential areas, including a high level of internal connectivity and external linkages for local vehicle, pedestrian and bicycle movements

The provision of additional public open space, far above the mandated 5 %, integrated with drainage and conservation reserves will facilitate a natural and non-urban feel to the estate. The incorporation of open space in proximity to the high points of the site will also minimise interference with the landscape values of the land.

The preparation of subdivision and housing design guidelines, as required by any planning permit to issue for the development of the site, will facilitate appropriate built form outcomes responsive to the coastal setting.

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1.2. Biodiversity and environmental value

The Community Engagement Report identified wildlife and vegetation to be of most value with regard to this Policy Domain. The natural state of the coastline and the retention and protection of native vegetation, mature trees, wildlife corridors, local wildlife, remnant environments and green breaks between townships were of importance.

Overdevelopment was cited as the main threat to the biodiversity and environmental value of Bass Coast, including inappropriate development, which was described as inappropriate housing subdivisions, particularly small blocks of land. The community considered planning mechanisms and policy to be the most effective tools to facilitate preservation of the biodiversity and environmental value of Bass Coast. A requirement for revegetation and the establishment of wildlife corridors and green spaces within new estates was noted within the Community Engagement Report.

1.2.1. Amendment C136 Response

The land proposed to be rezoned is approximately 2.1km from the coastline to the west and approximately 700m from the beach, which is located to the south of the site. Access to this beach is available via the existing Cape Paterson township. As the site is set back from the coastline and located north of the existing township, the proposed rezoning and subsequent development of the land will not impact on the natural state of the coastline or the retention and protection of native vegetation in these areas.

With regard to the subject site, technical assessments confirming the quantity and quality of native vegetation as well as the occurrence of fauna species and habitat has been undertaken. The most recent assessment was undertaken in 2018 and notes the following:

‘The majority of the study area comprises farmland distinguished by large paddocks of introduced pasture, currently utilised for cattle grazing. Wooded vegetation in the study area largely comprised remnant native stands of woodland and scrub, with the largest most intact stands present in the south east of the study area. Extensive regrowth of Austral Bracken in areas subject to previous farming occurred in the study area, radiating west of the main sandy ridge, as well as to the north and south west of the water tower. Several planted rows of trees, namely Cypress and Radiata Pines also occur within the study area.

30 patches of native vegetation were identified in the study (including patches recorded along the adjoining Cape Paterson Road and Seaward Drive road reserves), totalling 6.785 hectares. This native vegetation was classified as belonging to one of two Ecological Vegetation Classes (EVCs), namely Damp Sands Herb-rich Woodland (EVC 3) or Swamp Scrub (EVC 53). Two large trees were recorded in patches. In addition to this, 18 scattered trees were recorded within the study area.

Habitat for significant fauna species at the site was not assessment as part of this investigation, as this was assessed by Ecology and Heritage Partners (EHP) in June 2016. EHP’s conclusion was that the study area is unlikely to support any significant fauna species and through review of their assessment report and our observations on site, we concur with this’.

The implementation of the Development Plan Overlay Schedule 26 will provide a planning mechanism to ensure that existing vegetation can be retained as far as practicable. Significant vegetation within the future conservation reserves, drainage reserves and open space reserves as well as road reserves will improve the biodiversity value of the area. The DPO Schedule requires that any planning permit issued include a condition that mandates the establishment of Vegetation Protection Zones (VPZ) around all vegetation or biodiversity assets to be retained. The provision of VPZs will ensure the vegetation to be retained is protected during development of the site.

A preliminary Indicative Development Plan (IDP) has been prepared for the site. The IDP captures much of the existing native vegetation within conservation and drainage reserves. Whilst the IDP will be further refined through the Development Plan process, the IDP illustrates how the site can be developed to retain and further maximise the biodiversity within the subject land.

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Figure 1: Study area and native vegetation Source: Brett Lane & Associates - Seaward Drive, Cape Paterson Native Vegetation Assessment

Figure 2: Preliminary Indicative Development Plan

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1.3. Water catchments and supply, Transport and Infrastructure

Water management and supply, availability of transportation and community and physical infrastructure were identified in the Phase One Key Findings Report as areas of concern. Specifically, concerns were raised relating to peak tourism periods and ongoing population growth, and the associated impacts on infrastructure capacity.

Inadequate provision of infrastructure such as parks, and traffic and transport facilities is considered a key threat to the community. Concerns were also raised that existing infrastructure is not meeting current needs and will continue to be under pressure even without an increase in population.

1.3.1. Amendment C136 Response

Extensive strategic planning work has been undertaken at a State and Local government level to establish the appropriate township boundary for Cape Paterson which includes the subject land. With the inclusion of the subject site within the Cape Paterson township boundary, population growth within Cape Paterson and the subsequent pressure on physical and social infrastructure has been previously considered albeit at a high level.

The application of the Development Plan Overlay Schedule 26 to the site will require the preparation of technical assessments and details regarding the staging of delivery of infrastructure for the subject site. The schedule also requires the preparation of detailing the delivery of community infrastructure within the existing township. The timing and implementation of this infrastructure will be formalised via a Section173 Agreement.

1.4. Aboriginal culture, heritage and caring for Country and post contact cultural heritage

Aboriginal culture and history was considered an important value to Bass Coast. The history associated with the settlement of townships within the municipality was also considered of value to the community. Lack of planning and or planning controls is considered to be a threat to these values, as are increased population and tourism within Bass Coast.

Increased education for tourists and locals alike was considered an effective method of protection for heritage values. The promotion of sensitive or appropriate development and protection of the small-town feel was also suggested as a means to protect heritage values. The need for better controls over large estate developments was also noted in community responses.

1.4.1. Amendment C136 Response

The northernmost part of the land to be rezoned is within an area of Aboriginal Cultural Heritage Sensitivity. A mandatory Cultural Heritage Management Plan will be prepared to inform the future Development Plan. The Development Plan Overlay Schedule 26 requires that a Development Plan provide measures for the protection of heritage values, including addressing the potential sensitivity of dune ridges.

1.5. Agriculture and natural resources

The Community Engagement Report highlighted farms and farmland as a form of economic prosperity that is valued in the municipality. Further, agriculture was linked closely with tourism, with participants stating it ensures economic benefits for the entire community and is a tourism drawcard, particularly wineries and farmers markets. A reduction in agricultural land was noted as a concern as this land is valued for its food production and ability to sustain the economic prosperity of the region.

Overdevelopment was often cited as a key threat to agriculture and farming land and specifically the use of fertile farming land for housing developments.

1.5.1. Amendment C136 Response

Agricultural use of the subject land is restricted to grazing and rural living. It is not nominated in any Council strategic plan as farmland of particular significance. The current farming system is beef production which is operating at moderate levels of productivity, the main constraint being stocking rate. The land is identified as Class 4 land, and is generally unsuitable for cropping. Due to of the small size of the property and its stocking rate limitations, the loss of grazing capacity will not be significant and should be easily accommodated in other districts. The permanent loss of the land for agricultural use is proposed on a strategic and planned basis as the site has been identified in the Bass Coast Strategic Coastal Planning Framework as forming part of an appropriate expansion of Cape Paterson.

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The proposed Development Plan Overlay Schedule 26 requires that a Development Plan provide for the orderly sequencing and staging of development to meet demand for residential development. Existing farming uses will continue on the land as the land is progressively developed for urban township purposes. Given the low scale agricultural operations on the land, it is not expected that there will be any amenity issues associated with the continuation of existing farming practices. Potential impacts of future development on adjoining agricultural land, which is also not used intensively, can be easily managed at the interface through vegetative buffering.

1.6. Tourism and Recreation

Comments surrounding tourism and recreation were mixed with some respondents concerned with the impact of increased tourism and visitor numbers on the natural environment and township character. Further constraints on community infrastructure as a result of population growth was also noted as a concern. Conversely, there was acknowledgement of the economic benefit and importance of tourism to the region.

1.6.1. Amendment C136 Response

It is acknowledged that the rezoning of land will place additional pressure on existing facilities. The proposed rezoning and growth of the township provides an opportunity to improve community infrastructure within the existing Cape Paterson township, which benefit both current and future residents. This will be achieved through the provision of new infrastructure within the land, and developer contributions to fund works by or on behalf of Council. This is reflected in the proposed Development Plan Overlay Schedule 26 which requires these matters to be addressed within a Development Plan for the land.

1.7. Risk and Resilience

Much of the discussion regarding risk and resilience was centred around the impacts of climate change, specifically the erosion of the coastline and beaches due to weather, climate change and increased population.

Environmental impacts of new residential development, such as storm water run-off, native vegetation removal, and disruption of wildlife corridors) was also noted as a concern.

1.7.1. Amendment C136 response

The proposed area to be rezoned is located approximately 2.1km from the western coastline. Accordingly, development of the subject land will not cause erosion to the coastline.

The proposed Development Plan Overlay Schedule 26 requires consideration of the environmental values of the land. Background reports have identified the location of important habitat links and areas of high quality vegetation.

A Drainage Strategy prepared by Stormy Water Solutions demonstrates that drainage can be appropriately managed onsite through future development. The report also demonstrates how drainage solutions on the subject land can improve the current drainage management for the existing township. This report has been prepared based on the retention of high quality vegetation.

Following the preparation of this Drainage Strategy, an additional assessment that specifically reviewed the potential ecological implications associated with the proposed outfall was undertaken. The assessment noted the following:

At this stage of the overall planning process, ‘no native vegetation is currently proposed to be impacted at the outfall points to implement the proposed drainage strategy’.

‘Impacts to aquatic ecological values, both marine and freshwater, are lost likely to occur through changes in run-off volume, velocity and quality. Providing the project does not substantially alter the hydraulic regime in this regard, significant aquatic impacts are considered negligible’.

‘Construction activities can pose a significant risk to water quality in the short term. However, this risk can be mitigated by ensuring that best practice sedimentation and pollution control measures are undertaken at all times, in accordance with Environmental Protection Agency guidelines to prevent onsite and offsite impacts to waterways and wetlands.

A Bushfire Hazard Assessment was prepared by Brett Lane and Associates (now Nature Advisory). The Assessment confirmed that the site can be developed to achieve a BAL construction requirement no greater than 12.5. The assessment was undertaken based on the retention of high quality vegetation.

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The future Development Plan will be guided by these technical assessments.

1.8. Settlements and Settlement boundary maps Settlements and township boundaries was a key discussion point of the Community Engagement Report. Overdevelopment was overwhelmingly cited as the main threat to the identified values of Bass Coast. The removal of trees, too much inappropriate housing and subdivisions, extending housing outside existing town boundaries, and loss of character were identified as the key threats to what is valued.

A number of participants noted that the mix of housing should be well thought out and planned to ensure sustainable growth. However, it was suggested that this should occur within the township boundaries with growth directed inland and not along the coast. Space between towns was valued with activity occurring in distinct town centres. A few participants commented that new development should not occur outside of Wonthaggi.

Protection measures identified by the community included:

• Protecting the existing natural habitat by creating vegetation corridors that link natural habitat; and reducing speed limits and creating safe road crossover points for wildlife. • Controlling feral and domestic animals. • Expert and thoughtful town planning is needed to ensure there is a deep understanding as to how new development will affect the environment, tourism and local agriculture. • Limiting township expansion to specific areas. 1.8.1. Amendment C136 Response

Extensive strategic planning work has been undertaken at a State and Local government level to establish the appropriate township boundary for Cape Paterson. The subject land has been identified as a future development area since 2005, and was formally incorporated into the Planning Scheme in 2010 via Amendment C93 - Bass Coast Strategic Coastal Planning Framework Plan 2010. A summary of the strategic documents in support of residential development of the subject land is provided below.

Bass Coast Strategic Coastal Planning Framework 2005

The 2005 Structure Plan was informed by significant community feedback on where growth should occur. Council determined that future growth of the town should occur to the north. This was shown in:

• The Cape Paterson Structure Plan 2005. • The Department of Planning requested that a definitive boundary be established.

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Coastal Spaces Recommendations Report, April 2006

The Coastal Spaces Recommendations Report provided a series of recommendations which sought to improve and clarify strategic planning and provide tools for managing sustainable coastal development in non-metropolitan coastal areas. The Report focused on coastal areas across Victoria, including Cape Paterson.

Specific to Cape Paterson, the Report states:

• Settlement Plans outlined within the Bass Coast Strategic Coastal Planning Framework finalised in June 2005 requires implementation into Planning Scheme. The Cape Paterson Structure Plan 2005 identified the subject land as a potential future residential area.

Cape Paterson Structure Plan 2009

The Bass Coast Strategic Coastal Planning Framework 2009 included an updated Cape Paterson Structure Plan, and established the township boundary following extensive community and stakeholder consultation and input.

• Through the process it was determined that the subject land is required to accommodate both short term and long-term growth. • Cape Paterson and specifically, the subject land was one of only two townships in Bass Coast identified for short term growth to address land supply in the Shire.

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Bass Coast Strategic Coastal Planning Framework Plan 2010

The Bass Coast Strategic Coastal Planning Framework Plan 2010 was incorporated into the Bass Coast Planning Scheme, in 2012, via Amendment C93.

Local areas policy for Cape Paterson as proposed at Clause 21 of the Bass Coast Planning Scheme, and within which Cape Paterson North was identified as being suitable for rezoning to accommodate residential development. Specific to the subject site, Cape Paterson North was identified as a short term and long-term development area.

The Bass Coast Strategic Coastal Planning Framework Plan 2010 was thoroughly scrutinised by an Independent Planning Panel prior to its incorporation into the Bass Coast Planning Scheme. A 9-day planning panel was convened to consider Amendments C53, C93 and C98 as they shared interrelated issues. The panel noted the following at page 18 of the panel report:

‘Amendments C93 and C98 both are part of the implementation of planning controls along the whole of the Victorian coast as envisaged in the Victorian Coastal Strategy. They seek to manage the growth of coastal settlements and conserve significant intervening landscapes. Issues have arisen at the interface between the two Amendment areas ‐ at the edges of the coastal settlements – as to whether Amendment C98 provisions should apply to future urban land. Care has been needed to ensure a consistent approach is taken to statutory controls across the coastal areas of the municipality.

Amendments C93 and C53 interact in so far as both apply to Cape Paterson township and its future growth directions. The general strategic issues for township expansion are addressed as part of Amendment C93 and the particular characteristics of the Ecovillage development are addressed in our discussion of Amendment C53’.

A summary of each amendment is provided below:

Amendment C53

Amendment C53 sought to rezone the Cape Paterson Eco Village from the Farming Zone to the Comprehensive Development Zone Schedule 1 (CDZ1). The purpose of the proposed rezoning was generally to establish an integrated environmental, recreational, accommodation and tourism use and to allow development generally in accordance

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with the Cape Paterson Ecovillage Comprehensive Development Plan 2011. Amendment C53 was approved by the then Minister for Planning and has commenced construction.

Amendment C93

Amendment C93 sought the following changes to the Bass Coast Planning Scheme:

• Incorporate the Bass Coast Strategic Coastal Planning Framework 2008 into the Scheme as a Reference Document, • Amend Clause 21.04 Settlement by introducing settlement maps for the Coastal Settlements included in the Bass Coast municipality. The amendment was considered by an independent Planning Panel in April 2010. At the time, there was concern regarding the potential oversupply of urban land. The Panel concluded in relation to the subject site, that “the 100ha extension to the north is consistent with coastal planning policies and the potential environmental impacts are low. This area is able to accommodate all the projected growth.” The Panel recommended “that new growth is concentrated in Cape Paterson and Grantville, the two settlements with the best access to urban services”.

The Independent Panel recommended the inclusion of the subject land within the township boundary. Council and subsequently the then Minister for Planning approved the inclusion of the site on the Cape Paterson Strategic Framework Plan, which is incorporated within the Planning Scheme and provides the strategic direction for the town.

Amendment C98

Amendment C98 sought to protect significant coastal landscapes along the western, southern and eastern coastlines of Phillip Island, along the Bunurong coast between Kilcunda and Wonthaggi, along the coast around Cape Paterson between Harmers Haven and Inverloch, and on the northern side of Andersons Inlet east of Inverloch.

The independent panel considered the Significant Landscape Overlay in the context of the subject site and noted the following:

‘The Panel’s view on the issue of applying a SLO over land either proposed to be rezoned for urban use or to be included within an expanded urban settlement boundary has been set out in our response to the same issue at Newhaven in the previous section of this report.

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It is considered that if the land to the west of Cape Paterson which is proposed to be developed for the Ecovillage is rezoned to an urban zone (SUZ) then there might be no need for the application of the SLO4. If the land is not rezoned, however, the SLO4 should remain unchanged as proposed under Amendment C98, even if the land were to be identified as future urban in the structure plan.

The Panel considers the same principle should apply to the land north of Cape Paterson that is proposed to be included within an expanded settlement boundary and earmarked for either immediate or longer term urban rezoning.

In both cases, the application of the SLO4 should apply while the land remains in a non‐urban zone and only should be removed when other planning tools are introduced which would assist in guiding the development of the land for urban purposes ‐ these should take into consideration landscape design issues. This would likely occur when urban rezoning takes place.

The Gippsland Regional Growth Plan 2014

The Gippsland Regional Growth Plan 2014 provides a regional approach to land use planning. The Regional Growth Plan identifies Cape Paterson as a secondary centre to Wonthaggi. Together with Inverloch, Cape Paterson forms the sub-regional network for growth of Wonthaggi.

Within the Regional Growth Plan, Cape Paterson is identified as an important part of growth for the wider Gippsland region and is expected to support medium scale growth, consistent with the adopted local plans.

State and Local strategic planning documents demonstrate strong support for the rezoning of land identified for short- term development, as proposed. The land has been identified as future residential land for fourteen (14) years (Bass Coast Strategic Coastal Planning Framework 2005) and within the Cape Paterson township boundary for seven (7) years (Bass Coast Strategic Coastal Planning Framework Plan 2010.

1.8.2. Location of growth in proximity to the coastline

The subject land is located immediately north of the existing residential area. The closest foreshore area is approximately 700m south of the subject land and accessible via the existing Cape Paterson township.

The coastline to the west is located approximately 2.1km from the area proposed to be rezoned. Accordingly, development of the subject land will not impact views to or from the coastline.

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1.8.3. Inappropriate housing and subdivision development

The proposed Development Plan Overlay Schedule 26 requires the preparation of Subdivision and Housing Design Guidelines to facilitate a consistently high quality of design for both homes and landscaping across all stages of the development. The Design Guidelines will shape the form and enhance the character of the new estate to reflect the coastal character of the township.

As a starting point, Design Principles have been prepared to guide the preparation of design guidelines. It is envisaged the dwellings in the Cape Paterson North Development will be inspired by the natural landform and beauty of the foreshore, together with the landscape character and the environmental features of the area. It is intended to create a place of outstanding aesthetic quality and high ecological value for all its residents to enjoy.

Design Principles have been prepared to ensure that all homes are built to a high standard and contribute to the establishment of high quality streetscapes and sustainable outcomes within the development. Designs should respond to the site and maximise the opportunity to capture views of the coastline, surrounding hinterland and rural areas. Landscaping should reflect the coastal surrounds with meandering pathways and indigenous vegetation, which is capable of withstanding the natural elements of salt, wind and sand, whilst also being naturally low maintenance.

These design principles have been prepared to guide the preparation of design guidelines. Once prepared, Design Guidelines will be enforced via either a restriction on the respective plans of subdivision or a Section 173 Agreement. They would be read in conjunction with the Planning Controls and Building Regulations 2006.

In addition to the above, the Development Plan Overlay Schedule 26 requires that a future development plan ‘provide a range of lot sizes, whilst achieving an average lot size across the entire development generally consistent with the existing Cape Paterson township average of 580 square metres and discourages small allotments of less than 300 square metres’. The implementation of this requirement will minimise the sense of suburbia and provides an appropriate interface to the existing residential area to the south.

1.8.4. Loss of Vegetation and habitat

The proposed Development Plan Overlay Schedule 26 requires consideration of the environmental values on the land. Background reports have identified the location of important habitat links and areas of high quality vegetation. The future Development Plan will be guided by these technical assessments.

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APPENDIX A: BASS COAST DISTINCTIVE AREAS AND LANDSCAPE – COMMUNITY ENGAGEMENT KEY FINDINGS REPORT

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REPORT

Image source - Visit Victoria: Kilcunda Trestle Railway Bridge

Bass Coast – Distinctive Areas and Landscapes Community Engagement Key Findings Report

Final Report: Stage One 22 October 2019

This document belongs to and will remain the property of Capire Consulting Group Pty Ltd.

All content is subject to copyright and may not be reproduced in any form without express written consent of Capire Consulting Group Pty Ltd.

Authorisation can be obtained via email to [email protected] or in writing to: 96 Pelham Street Carlton VIC Australia 3053.

Privacy

Capire Consulting Group and any person(s) acting on our behalf is committed to protecting privacy and personally identifiable information by meeting our responsibilities under the Victorian Privacy Act 1988 and the Australian Privacy Principles 2014 as well as relevant industry codes of ethics and conduct. For the purpose of program delivery, and on behalf of our clients, we collect personal information from individuals, such as e-mail addresses, contact details, demographic data and program feedback to enable us to facilitate participation in consultation activities. We follow a strict procedure for the collection, use, disclosure, storage and destruction of personal information. Any information we collect is stored securely on our server for the duration of the program and only disclosed to our client or the program team. Written notes from consultation activities are manually transferred to our server and disposed of securely. Comments recorded during any consultation activities are faithfully transcribed however not attributed to individuals. Diligence is taken to ensure that any comments or sensitive information does not become personally identifiable in our reporting, or at any stage of the program. Capire operates an in-office server with security measures that include, but are not limited to, password protected access, restrictions to sensitive data and the encrypted transfer of data. For more information about the way we collect information, how we use, store and disclose information as well as our complaints procedure, please see www.capire.com.au or telephone (03) 9285 9000.

Consultation

Unless otherwise stated, all feedback documented by Capire Consulting Group and any person(s) acting on our behalf is written and/or recorded during our program/consultation activities. Capire staff and associates take great care while transcribing participant feedback but unfortunately cannot guarantee the accuracy of all notes. We are however confident that we capture the full range of ideas, concerns and views expressed during our consultation activities. Unless otherwise noted, the views expressed in our work represent those of the participants and not necessarily those of our consultants or our clients.

BASS COAST – DISTINCTIVE AREAS AND LANDSCAPES, FINAL REPORT, 2019

Executive summary 3

1 Introduction 7

1.1 Project background 7

1.2 Purpose of this report 9

2 Engagement approach 10

2.1 Objectives 10 2.2 Engagement activities 11

2.3 Engagement limitations 13

3 Participation 15

3.1 Face-to-face 16 3.2 Online 17

4 Engagement findings 18

4.1 Natural environments 19 Values 19 Threats 21 Protection 22

4.2 Landscapes and scenic views 25 Values 25 Threats 26 Protection 27

4.3 Cultural and heritage 29 Values 29 Threats 30 Protection 32 4.4 Townships 33 Values 33 Threats 34 Protection 35

4.5 Economic areas 36 Values 36 Threats 37 Protection 38

4.6 Future aspirations for the Bass Coast 40 40 40 41 41

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4.7 Location specific findings 43

4.8 Extended responses 51

5 Next steps 54

6 Engagement evaluation 55

Engagement promotion 56 Session attendance 56 Further comments 57

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Executive summary

The Department of Environment, Land, Water and Planning (DELWP) is working in collaboration with the Bass Coast Shire Council and the Bunurong Land Council, to declare the Bass Coast as a Distinctive Area and Landscape (DAL) under the Planning and Environment Act 1987.

The Bass Coast includes a number of state and national significant areas including Phillip Island and the Bunurong Coastal Park and attracts a large number of visitors who come to enjoy its beauty, nature and surrounds. The Shire is also experiencing significant development pressures and there is strong community sentiment that township growth should be managed.

Following a declaration, a Statement of Planning Policy will be developed to better protect the Bass Coast area’s unique landscapes, environment, and lifestyle.

This report presents a summary of the key findings from the first phase of engagement for the Bass Coast DAL. The engagement started on 10 July 2019 and finished on 12 August 2019. The engagement process sought to reach a broad range of residents and stakeholders from across the Bass Coast, to communicate that DELWP was beginning the process for the Bass Coast DAL declaration. The engagement sought feedback from the community on what was most valued about the Bass Coast, and their vision for the future of the area. The process was designed and delivered by Capire Consulting Group (Capire) and supported by DELWP.

The purpose of engagement was to input into Stage One of the project, including informing the declaration of Bass Coast as a DAL, and to shape a 50 year vision for the region. Additional consultation will be undertaken in Stage Two and Stage Three of the project and will provide guidance for the Statement of Planning Policy.

During the engagement, approximately 2,118 people were reached by the project either online or through participation in face-to-face engagement activities.

The participants were asked to consider what they valued most about the Bass Coast, the threats to these values, and how these values can be protected. Participants were asked to explore five key themes: natural environments, landscapes and scenic views, culture and heritage, townships and settlements, and areas of economic prosperity. All online and face-to- face engagement feedback was consolidated, and comments were analysed into themes.

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Values

Across the five themes, the most frequently identified values were:

Natural landscapes: beaches, Beaches: coastal walks, cliff Aboriginal heritage and history: rock platforms, formations e.g. faces and coastline, rocky culturally significant sacred sites Eagle’s Nest, connection to cliff foreshore, sand dunes, rock to the Bunurong people, middens faces, views of beaches ledges with rock pools and artefacts, burial sites and connecting farmlands, rural scar trees landscapes and rolling hills

Township character: small size, Tourism: keeping young relaxed and village feel, easy people in the townships and access to open space, amenity having environmentally and facilities considered, sustainable and appropriate tourism

Threats

Across the five themes, when participants were asked to identify the threats to what they value, they most frequently noted:

Overdevelopment: Buildings as a ‘visual intrusion’ Development threatening sites of inappropriate housing on landscape, large scale, high- Aboriginal, European historical value, subdivisions, small blocks of rise residential, resorts, leading to demolition of historic land. New developments developments for visitors, close buildings, destruction of sacred sites. approved effecting to the foreshore creating loss of Site clearing increases exposure/ overcrowding of natural space vegetation and biodiversity erosion of sacred sites

The removal of trees, extending Inadequate infrastructure for housing outside existing town growth in tourism & permanent boundaries, and loss of character residents and identity

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Protection

Across the five themes, when participants were asked how their values should be protected, they most frequently noted:

Protecting habitats: planting more Planning mechanisms: native vegetation, undertaking Increased education, for tourists maintaining zoning, having urgent remedial work to impede and locals, to protect cultural and strict settlement boundaries to coastal erosion, protecting heritage sites, more research of protect valued farmland, green foreshore, wetlands, forest from significant sites, more information wedges and valued views disruption due to development to the public, and education of and over visitation history in schools

Planning mechanisms: better Protecting agricultural, farming planning and heritage controls, land: rural zone controls, definition of specific township housing developments only in character, retaining existing designated growth areas, township boundaries and height keeping townships restrictions ‘country feel’, small scale, sensitive

Visioning

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Natural environment: vegetation, Farmland and food production, the Townships maintaining strong connection wildlife, and marine environment and countryside, or rural landscapes to the coastline, bushland and rural life landscapes

Economic sustainability, keeping the Community: friendliness of communities area exactly as it is now, any growth or within towns, retaining connection to development should be mindful of the Bass Coast and a shared environmental sustainability connection to the land

A recommendation regarding declaration of the Bass Coast as a Distinctive Area and Landscape is expected in the second half of 2019. Following declaration, a second phase of engagement will be undertaken to test potential policy directions and help to inform the development of the Statement of Planning Policy. A third phase of engagement will then be undertaken with submissions sought on the draft Statement of Planning Policy. The final Statement of Planning Policy is expected in mid-2020.

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1 Introduction

1.1 Project background

The Bass Coast Shire includes a number of state and national significant areas including Phillip Island and the Bunurong Coastal Park and attracts a large number of visitors who come to enjoy its beauty, nature and surrounds. The Shire is also experiencing significant development pressures and there is strong community sentiment that township growth should be managed.

In 2018, the Victorian Government passed the Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018. This legislation enables the government to recognise, declare and protect Victoria’s distinctive areas and landscapes (DAL), subject to meeting defined criteria. This legislation aims to achieve better coordinated decision-making by government agencies, local councils and other key stakeholders.

Once an area is declared, a partnership approach is taken to preparing a Statement of Planning Policy with the contribution of Traditional Owners, local council and the community. The policy must include a long-term vision, set the objectives of the vision, and define strategies for how it is to be achieved. A strategic framework plan is also developed to guide the future land use and development in declared areas and may include long-term settlement boundaries to prevent encroachment into valued landscapes.

Bass Coast is one of three coastal areas in Victoria that the Victorian Government has announced its intention to declare as a distinctive area and landscape.

An overview of the engagement program is outlined in Figure 1 Error! Reference source not found.Error! Reference source not found.and a map of the Bass Coast DAL study area is provided in Figure 2.

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Phase 1 Public Engagement Project Understanding the Declaration of Bass commencement values the community Coast as a DAL (May 2019) want to protect (late 2019) (10 July to 12 August 2019)

Phase 3 Phase 2 Public Engagement Public Engagement Final Statement of Consultation on draft Planning Policy Development of the Statement of Planning Statement of Planning (late 2020) Policy (public Policy submissions process) (mid 2020) (Early 2020)

Figure 1: Bass Coast DAL project timeline

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Figure 2: Bass Coast DAL study area

1.2 Purpose of this report

This report provides a summary of the views of the community and stakeholders gathered in person and online between 10 July and 12 August 2019. The analysis has been structured around:

• a vision for the future of the Bass Coast

• what is valued, considered a threat and ideas to protect locally in relation to:

o natural environments

o landscapes and scenic views

o cultural and heritage

o townships

o economic areas.

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2 Engagement approach

2.1 Objectives

The engagement to support the development of the Bass Coast DAL aimed to achieve the following objectives.

• To inform stakeholders and the community about the program for declaring the Bass Coast a DAL, preparation of a Statement of Planning Policy (SPP) and Framework Plan.

• To inform stakeholders and the community about the work that has been undertaken to date.

• To inform stakeholders and the community about future opportunities to be involved with the project and what will be considered through future engagement.

• To provide the community and stakeholders with engagement opportunities that are easy to access, understand, and take part in.

• To obtain meaningful community and stakeholder input into the SPP process and long- term vision for the area.

• To identify significant local values and understand the threats to what is valued.

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2.2 Engagement activities

Engagement activities were undertaken between 10 July and 12 August 2019. These included promotion activities, open house sessions and an online survey and mapping tool.

Communication and promotion

Engagement promotion was undertaken by DELWP. All promotional activities are summarised in Table 1 below.

Table 1: Promotional activities undertaken

Promotion type Date and reach

Public announcement of program and launch 10 June 2019 of Engage Vic site

Launch of online mapping and comment tool 10 July 2019

Distribution of flyers and postcards in local 13-14 July 2019 businesses across all Bass Coast townships

Classified advertisement in the South 23-24 July Gippsland Sentinel Times and Phillip Island Advertiser

Social media promotion via DELWP and Mid July – early August Bass Coast Shire Council

Local promotion

The open house sessions and online engagement were promoted through distribution of post cards and fact sheets at key locations throughout the Bass Coast including Cowes, Corinella, Coronet Bay, Grantville and Wonthaggi, Inverloch, Cape Paterson, San Remo and Kilcunda.

Flyers with the open house dates and locations and a postcard, with the website for the engagement, were handed out to encourage people to spread the word to their friends, family and neighbours. The times and locations for pop up promotion is outlined in

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Table 2.

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Table 2: Pop-ups

Location Date Time

Cowes Island Craft Market 13 July 2019 9-11am

Corinella Community Market 13 July 2019 11.30am-12.30pm

Wonthaggi Activity Centre Strategy Open House 13 July 2019 1-3pm

Inverloch main street 14 July 2019 9-11am

Open houses

Five, two-hour open house sessions provided participants with opportunity to read about the project with a series of information stations and to speak with members of the project team. Participants were invited to complete questions at activity stations about what they value, see as a threat, and ideas for protection. Participants were also asked to share their future aspirations for the Bass Coast. A space was provided for comments about anything that had been missed.

The times and locations open houses outlined in Table 3.

Table 3: Open House times and locations

Corinella & District Community Centre Inverloch Community Hub 48 Smythe Street Corinella 16 A'Beckett Street, Inverloch Tuesday 23 July, 5.30pm - 7.30pm Wednesday 24 July, 11am - 1pm

San Remo Recreation Centre Cowes Heritage Centre 1A Wynne Road, San Remo 89 Thompson Avenue, Cowes Thursday 25 July, 11am - 1pm Thursday 25 July, 5.30pm - 7.30pm

Wonthaggi Workmens Club 65-75 Graham Street, Wonthaggi Saturday 27 July, 12pm - 2pm

Online engagement

Online engagement was hosted on the Victorian Government engagement platform engage.vic.gov.au with a specific page, survey and mapping tool dedicated to the Bass Coast DAL. The online survey provided the same opportunity to input as the open house activities.

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2.3 Engagement limitations

Outlined below are the limitations of the engagement process.

• There were high levels of participation in the engagement process from community members and stakeholders representing a range of different interests and locations. This provides a high level of confidence in the representativeness of issues covered, however this cannot be considered a statistically valid sample.

• Some information included in this report may be factually incorrect or unfeasible. The information has not been validated as it is purely a summary of participants' opinions, ideas and feedback.

• Some participants raised concerns that were outside the scope of the discussions. These points have been noted but may be out of scope for consideration.

• The report presents the key points of discussion and includes a broad range of feedback expressed by participants. It provides an overview of participant sentiment but does not report on the sentiment of individual participants.

• Participants may have participated in engagement activities through more than one channel, on more than one occasion. Reporting refers to the number of responses or the number of comments received rather than the number of participants.

• In some instances, participants did not answer all questions, this meant that some questions received fewer responses than others.

• There were some instances where participants made comments in relation to specific locations and others made comments that related to the Bass Coast as a whole. Some participants attended a face to face engagement activity in a particular location but made comments in relation to other locations throughout the study area. It was not always clear if some comments related to a specific location or applied to more than one location.

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3 Participation

An overview of the overall levels of participation is outlined in Figure 3:

222 1001 1,896 217 20 FACE-TO-FACE PINS MAPPED VISITORS ONLINE SURVEYS WRITTEN Participants Face-to-face and online to the webpage SUBMISSIONS

Figure 3: Overview of engagement participation

Five open house sessions were held to engage with communities in Bass Coast about the declaration of the area as a DAL. All engagement activities were replicated online. Table 4 provides an overview of the number of participants for each engagement activity.

Table 4: Summary of who we heard from during the engagement

Engagement activity Participation

Community open houses − 5 open house sessions − 222 people signed-in1 − 633 comments mapped Online − 1,896 visitors online − 217 online surveys − 368 comments mapped online by 95 contributors

1 Actual attendance exceeded sign-ins, as not all participants signed in at events.

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3.1 Face-to-face

A total of 222 people signed in at an open house event. The break-down of attendees at each event is outlined in Table 5.

Table 5: Number of attendees at each engagement event

Corinella, 23 July 2019 San Remo, 25 July 2019

33 participants 54 participants

Inverloch, 24 July 2019 Wonthaggi, 27 July 2019

57 participants 34 participants

Cowes, 25 July 2019

44 participants

Figure 4: Engagement participation online (survey responses to the question ‘which Bass Coast town do you most associate with?’) and face-to-face (by open house location)

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3.2 Online

Overall, there was a high level of engagement online through both the online survey, through visiting a dedicated Engage Vic web page, and through dropping pins onto an online map.

Online participants were asked to indicate their connection to the Bass Coast (see Figure 5) and were welcomed to select more than one field.

Tourist 7

Other 10

Local business owner/operator 28

Work on the Bass Coast 30

Recreation 41

Volunteer 48

Secondary residence 65

Primary residence 138

0 20 40 60 80 100 120 140 160

Figure 5: Online participants’ connections to Bass Coast (n=367)

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4 Engagement findings

Participants provided feedback in relation to what they value in Bass Coast, the threats to what is valued, and how those values can be protected. The feedback was collected through: written responses on coloured coded cards at open house events, via an online survey, and through pins dropped onto an online mapping tool. This section provides a summary of the findings related to five key themes:

1. Natural environments

2. Landscapes and scenic views

3. Culture and heritage values

4. Townships

5. Economic areas.

Please note that this section indicates numbers to show how many comments mentioned a particular value or theme; the number of comments does not represent the number of participants. Some comments may have been reflected under more than one theme, and some participants may have made multiple comments through various engagement channels. The graphs in sections 5.1 to 5.5 show the comments that were mentioned ten times or more under each key theme.

The qualitative sections preceding the graphs provide an overview of participants comments, focusing on the themes that received the most feedback with quotes to illustrate sentiment. Through the analysis some comments were counted more than once as they sometimes covered more than one characteristic. For example, one unique response may have discussed two or more distinct ideas or suggestions. This explains why some of the graphs total more than the total number of unique responses.

Participant’s comments sometime refer to specific locations however many participants made comments that relate to the whole of the Bass Coast. Location-specific comments are also discussed in section 4.7.

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4.1 Natural environments

Feedback relating to the natural environments was collected through green coloured cards during the open houses, visual representation on an online map, and via online questions: ‘What natural environmental features do you value the most?’; ‘Do you think there are any threats to these natural environmental features?; and ‘How can we better protect these natural environmental features?’. Responses included:

• 164 comments face-to-face

• 219 comments online

• 200 mapped online pins.

Values

The characteristics that were most valued by participants were beaches, wildlife and vegetation. (see Error! Reference source not found.6).

When discussing beaches participants said that they most valued the coastal walks, cliff faces and coastline. Participants often referred to the beautiful beaches, rocky foreshore, sand dunes, rock ledges with rock pools, and the way in which the scrub and farmland connect.

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The natural state of the coastline was mentioned, with comments focusing on how it is not built up or commercialised, impacting on the natural character and environment.

Comments on values of Bass Coast also focused on vegetation and wildlife. Many comments focused on the value of the native vegetation and mature trees that support wildlife and provide a sense of peace. Participants said they valued the wildlife corridors, remnant environments and green breaks between townships that support wildlife. Hooded Plovers were frequently mentioned as well as the marine life, seabirds such as fairy penguins and wildlife including koalas, kangaroos, wombats and echidnas.

Participants also said they valued the natural landscapes, including the uninterrupted coastal views, the wetlands, mangroves and dark night skies for stargazing.

“We value the natural environment of Phillip Island, in particular its beaches, and native flora and fauna. The natural environment is unique and should be preserved.”

“All of the beaches, wetlands, dunes and bushland of Bass Coast are extremely important and precious. The Ramsar wetlands of Western Port. All of the Phillip Island Nature Parks areas on Phillip Island are extremely highly valued.”

“I value the unspoiled beauty of many of the areas such as the cliffs of Corinella, the mangroves of Grantville area, the rugged sea scapes of Kilcunda to Wonthaggi, the various wetlands throughout the region including the vista of Churchill Island, the surf beaches of Phillip Island and the inlet and beaches of Inverloch and Cape Paterson.”

“The golden coastal cliffs, sand dunes, rugged waves and clean sandy beaches.”

Ocean 12 Township character 12 Views 24 Recreation 24 Untouched environments 26 Parks 29 Wetlands 54 Natural landscapes 76 Vegetation 114 Wildlife 117 Beaches 170

0 20 40 60 80 100 120 140 160 180

Figure 6: Natural environmental values comments by theme (n=694)

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Threats

Overdevelopment was overwhelmingly cited as the main threat to the identified values of Bass Coast (Figure 77). Participants commented on inappropriate development which was often described as inappropriate housing subdivisions, particularly small blocks of land. Comments focused on the perception that new developments were being approved and having a direct effect to the overcrowding of natural spaces.

There was concern that developers often do not see the value of the environment and subdividing the land was displacing wildlife and reducing habitat, especially trees which was causing muddy inflow into Westernport Bay. For example, concerns were raised about new developments bordering on a creek, salt marsh, mangrove and/or inlet. There was also concern about the poorly designed aspects of newer estates with comments highlighting that they lack walking and cycling paths and access to towns.

Participants also mentioned increased population and planning controls as threats to what they valued. Participants often cited a lack of planning coupled with increased population pressures as key threats. It was thought that increased human activity is creating more traffic, dogs and wildcats that is endangering the local wildlife. The speed limit was frequently referred to as having a significant impact on the deaths of local wildlife. There was also mention of the increased visitor population with participants expressing concern that there are not adequate facilities to mitigate the impacts.

Participants were concerned with the effects of climate change, particularly erosion, pollution and biodiversity loss. Comments focused on the erosion of the coastline and beaches due to weather, climate change and increased population. There was also concern that the coastal erosion is having a huge detrimental impact on the local bird life and vegetation. Comments highlighted pollution, specifically plastic waste as a major threat to the Bass Coast with participants often highlighting that all waterways lead to the sea.

“Development, specifically the wilful damage done by developers in the construction phase. Clear-felling destroys unnecessarily and any replanting cannot replace the aged vegetation and biodiversity originally present.”

“Our thirst for development and ignorance of the impact we have on the destruction of the natural environment, and our unwillingness to maintain a balance of the natural environment. There has been a failure to adequately control development by humans.”

“Climate change, over development and inadequate infrastructure to support the tourism and short-term influx of visitors.”

“Natural erosion of the sand dunes and cliffs and more and more people climbing up the sand dunes despite the notices. More people using the beaches, parking their cars on the roads as well as in the car parks, extra rubbish left behind.”

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Lack of education 14 Tourism threat 16 Recreation threat 17 Pests/weeds 29 Biodiversity loss 30 Pollution 35 Climate change 42 Erosion 44 Planning response/controls 47 Increased population 53 Overdevelopment 173

0 20 40 60 80 100 120 140 160 180 200

Figure 7: Natural environmental threats comments by theme (n=536)

Protection

To protect elements of the natural environment, participants mostly suggested habitat protection, planning mechanisms and policy (Figure 88).

Participants who frequently mentioned protecting habitats, suggested that this could be done by planting more native vegetation and undertaking urgent remedial work to address coastal erosion and protecting areas of the foreshore, wetlands and forest from disruption due to development and over visitation. Participants suggested protecting the ocean and other waterbodies from waste, urban and agricultural run-off and industrial pollution. Suggestions also included protecting the existing natural habitat by creating vegetation corridors that link natural habitat; and reducing speed limits and creating safe road crossover points for wildlife. Controlling feral and domestic animals was also mentioned.

Participants cited planning mechanisms including policy initiatives to protect what they value in the Bass Coast. Comments focused on having a strategic plan to ensure that more significant habitat areas are maintained and protected as well as limiting the expansion of town boundaries. It was felt that expert and thoughtful town planning is needed to ensure there is a deep understanding as to how new development will affect the environment, tourism and local agriculture. Participants suggested limiting township expansion to specific areas and ensuring that revegetation and wildlife corridors and green spaces were included in new estates.

Regarding new developments, participants said that ‘good planning’ is required, which was often considered as residential lots that have space to grow plants and vegetables with urban design that includes appropriate water management.

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“Support the Marine Coastal Park with more planting of indigenous species of plants and develop well planned access paths, enforce marine protection laws and environmental laws. Monitor erosion and provide adequate signage identifying fragility of environment.”

“Sympathetic sustainable developments that build communities, not fences.”

“Stop inappropriate development make house block sizes a minimum 1000 square meters to stop overcrowding and keep as much old growth vegetation.”

“Appropriate planning controls and not permitting the coast to be overrun by developments, which will bring more people, remove vegetation, and scare off the birds and wildlife.”

Partnerships 10

Control visitor numbers 18

Educate 23

Maintenance 28

Regulation 42

Provision of additional infrastructure 56

Limit development 86

Policy 94

Planning mechanisms 133

Habitat protection 138

0 20 40 60 80 100 120 140 160

Figure 8: Natural environmental protect comments by theme (n=650)

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4.2 Landscapes and scenic views

Feedback relating to landscapes and scenic views was collected through yellow coloured cards during open houses, visual representation via an online map, and via online questions: ‘What landscape and scenic views do you value the most?’; ‘Do you think there are any threats to these landscape and scenic views?; and ‘How can we better protect these landscape and scenic views?’. Responses included:

• 121 comments face-to-face

• 218 comments online

• 65 mapped online pins.

Values

Of the valued landscapes and scenic views, participants again said they most valued beaches (Figure 9). Participants frequently commented on rock platforms and formations such as Eagle’s Nest. Participants also mentioned the connection of beaches and cliff faces, as well as the views of beaches connecting with farmlands, rural landscapes and rolling hills.

Participants often commented on natural landscapes as being highly valued, commenting that the pristine nature needs be protected including the bush and woodlands. Many participants also commented on the rolling hills and rural landscapes, however some participants contested that though they appreciate the beauty of the hills, it is not a natural state. Many participants who commented on bushland and vegetation, spoke of the potential for vegetative recovery and revegetation. Many also appreciated wildlife and birdlife as an important feature of the natural landscape.

Participants also frequently commented on views more generally, including the views from their homes. Participants commented on the views as visual enjoyment and linked views to recreation, such as dining with beach views, and walking whilst admiring the beauty of beaches, rural landscapes, animals and the coastline.

“Walking around the headland from the Bay Beach at Cape Paterson, along 1st and 2nd surf beaches at sunset is just beautiful and so far, totally unspoiled along the ridge line where pasture meets the coast line.”

“My favourite view, from the top of Townsend’s Bluff looking up and down Anderson’s Inlet. In particular looking towards Eagles Nest Rock.”

“Always the natural attractions for me and whilst the ‘hills’ can be stunning at times, these are far from what was natural. The seascapes and coastline will hopefully always be stunning.”

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Farms/farmland 15

Wildlife 16

Ocean 21

Recreation 24

Township character 27

Vegetation 29

Natural landscapes 137

Beaches 177

0 20 40 60 80 100 120 140 160 180 200

Figure 9: Landscapes and scenic views values comments by theme (n=614)

Threats

Participants most frequently identified overdevelopment as a threat to valued landscapes and scenic views (Figure 10). Many participants identified specific buildings as a ‘visual intrusion’ on a landscape. Some participants who commented on the threat of overdevelopment commented on large scale development and high-rise development. Most participants specified residential development as the greatest threat, though some commented that resorts or development for visitors was also a threat. Development close to the foreshore was also identified as a threat, and participants often commented on loss of vegetation and biodiversity loss.

Many participants commented that poor planning controls, or inadequate application of planning controls was a threat. They expressed concerns about expansion of towns and subdivision of land to allow for suburban style housing estates. They also frequently commented that development was inappropriate for the landscape e.g. blocking valued views, incongruent colours, materials and ensuring that trees and planting occurs.

Increasing population was also frequently noted as a threat, with participants identifying the need for additional infrastructure to support increased population and visitors, with many commenting on increased traffic. Some participants specifically referenced expansion of roads to be impactful. Participants also commented on increased pollution and rubbish associated with increased human activity.

“Too much clearing for housing estates, they clear everything, they should leave behind so many native trees.”

“The desire to open these areas to greater human activity is counterproductive as it imposes ever greater strains on the eco systems that once flourished here.”

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Commercialisation 14 Tourism threat 14 Pollution 17 Recreation threat 18 Climate Change 19 Other threat 21 Biodiversity loss 28 Erosion 33 Increased population 42 Planning response/controls 83 Overdevelopment 183

0 20 40 60 80 100 120 140 160 180 200

Figure 10: Landscapes and scenic views threats comments by theme (n=489)

Protection

Participants frequently commented that planning mechanisms such as maintaining zoning and having strict settlement boundaries would help to protect valued farmland and green breaks and valued views (Figure 11). They also frequently commented on development heights and density controls. Though most participants expressed that planning mechanisms should serve to limit development, some participants expressed that planning controls could be applied to achieve more considered and suitable development in appropriate areas.

Participants commented on protecting and restoring flora and fauna habitats. Many participants spoke of reducing clearing of vegetation for subdivisions and ensure replanting, particularly of native vegetation. Participants also suggested allowing flora and fauna time to recover from existing impacts or creating additional parks or reserve land to support flora and fauna protection. Participants frequently referenced the expansion of the Bass Coast Marine and Coastal Park.

Participants commented on policy that encouraged maintenance of landscapes, including funding for regeneration works and of volunteer groups who already care for these landscapes. One participant suggested a ‘shire wide Tidy Towns’ approach to landscape care. Participants also frequently cited the need for policy around fire hazards and fire prevention, and speed and traffic management.

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“Restrict the current town boundaries to the existing limits. Planning decisions that value these views. Do not allow future major infrastructure, caravan parks, resorts etc. in key landscape areas with scenic views.”

“Provide opportunities for housing in locations where people want to be but in well planned townships that can accommodate expansion without impacting on the coastline or significant view lines.”

“We need massive replanting of the Island, where farmland is converted into subdivisions especially. They look like Legoland. Each new subdivision should ONLY be allowed to plant indigenous trees and tall shrubs.”

Control visitor numbers 11

Regulation 18

Provision of additional infrastructure 31

Policy 68

Limit development 70

Habitat protection 110

Planning mechanisms 135

0 20 40 60 80 100 120 140 160

Figure 11: Landscapes and scenic views protect comments by theme (n=482)

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4.3 Cultural and heritage

Feedback relating to cultural and heritage was collected through orange coloured cards during open houses, visual representation on an online map, and via online questions: ‘Which cultural and heritage sites do you value the most?’; ‘Do you think there are any threats to these cultural and heritage sites?; and ‘How can we better protect these cultural and heritage sites?’. Responses included:

• 74 comments face-to-face

• 219 comments online

• 40 mapped online pins.

Values

Aboriginal heritage and history were the most frequently cited cultural and heritage values noted by participants (Figure 12). Participants cited that they valued sites that were sacred or culturally significant to the Bunurong people. People frequently referenced sites with middens and artefacts, burial sites and scar trees. Some participants identified known sites but commented that more could be done to make these sites and the culture better known.

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Participants also commented on the settlement history of the area, particularly noting the explorer history in the area which pre-dates Melbourne. Participants also frequently noted Corinella Pier, Churchill Island, Newhaven Boys’ home, the railway history, Bourne Creek Trestle Bridge and coal tramway, the mining and industrial history, and chicory kiln. Many participants also commented on dinosaur fossils.

Participants also remarked that they valued the quiet, waterside township characteristics, old buildings, old farmhouses and other structures from farming activity.

“I know that the Bunurong people have many significant cultural areas in our region, and I am also aware of the paleontological significance of the Inverloch coastline, but I am ashamed to say that I am not really aware of the Bunurong people's sites. Aboriginal history is something that we all more aware of, and the tourism industry could go a long way to assisting in this.”

“We need to preserve sites which are associated with the coal mining and railway history of the area. The dinosaur fossils and the history of their discovery needs to be protected as well.”

Vegetation 10

Beaches 25

Natural Landscapes 28

Township character 32

History 96

Aboriginal heritage 104

0 20 40 60 80 100 120

Figure 12: Cultural and heritage values comments by theme (n=332)

Threats

Overdevelopment was the threat to cultural and heritage values most commonly referred to by participants (Figure 13). They frequently noted threats to sites of both Aboriginal and European historical value, noting that development pressures could lead to the demolition of historic buildings and destruction of sacred sites. Participants also noted that increased development and site clearing was leading to increased exposure and erosion of sacred sites. Some participants noted the impacts of overdevelopment as a threat to the small-town identity of coastal townships, the threat of urbanisation, increased subdivision and density, and the changing aesthetic qualities with increasing use of “new age materials”.

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When participants discussed overdevelopment, they often cited a lack of or insufficient planning response and controls as a threat to valued sites. Participants connected a lack of planning control to loss of trees, destruction of heritage buildings due to lack of heritage protection, and lack of controls to prevent development encroachment on beaches.

Participants often suggested that lack of education, of both of visitors and locals, increases the risk of damage to sites of cultural or heritage significance. They noted that many sites were not identified, and there was a lack of research undertaken to identify significant sites. Some participants expressed concern that sites of significance could be damaged before they are identified as significant.

Participants also cited increased population and tourism as a threat, noting that access to valued sites was not adequately controlled and that increased population/visitation led to trampling of bushland, increased vandalism, and rubbish.

“Our society is moving too fast to appreciate the past, we are becoming all about development, more people equal more revenue and the past only matters to too few.”

“The most dangerous threats to these sites are the lack of knowledge about where they are and what their significance is or was to the local inhabitants (Aboriginal and European).”

“Over visitation is a real threat with removal of rocks and objects of significance, loss of value of the indigenous history, for many no awareness of the indigenous connection or history of the different areas.”

Other threat 10

Erosion 11

Tourism threat 20

Increased population 25

Planning response/controls 30

Lack of education 56

Overdevelopment 71

0 10 20 30 40 50 60 70 80

Figure 13: Cultural and heritage threats comments by theme (n=267)

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Protection

Participants most frequently identified increased education, for both tourists and locals, as the means of protection for cultural and heritage sites (Figure 14). They suggested that more research of significant sites should be undertaken, more information provided to the public, and increased education of history in schools. Many participants also suggested the need for more signage to identify and celebrate significant sites. Some participants suggested that increasing local celebration of valued sites would help to educate people of their significance.

Habitat protection was also frequently cited as necessary for protection of cultural and heritage sites, particularly suggesting the need for increased protection of natural sites, and appropriate vegetation or revegetation of areas that have been developed or already suffered human impacts. Participants also suggested the need for habitat protection around walking tracks and suggested the possibility of exclusion zones to prevent human impacts. Several participants made mention of the potential of the Marine and Coastal Park to promote habitat protection and provide information about local heritage and cultural values.

Participants suggested that planning mechanisms could better support protection, including declaration of old cottages as heritage protected, establishment of settlement boundaries and preservation of greenbelts to prevent urban sprawl. Promotion of sensitive or appropriate development and protection of the small-town feel was also suggested. Participants frequently cited the need for better controls over large estate developments.

“More information out there. I know of heaps of wetlands, heathlands and other reserves. I know embarrassingly little about the cultural sites”

“Increase awareness, create grants at local, state and federal government levels to protect them and to increase education programs to appreciate them.”

“Designated Marine and Coastal park with education into cultural and heritage significance in the area.”

Regulation 11 Maintenance 14 Provision of additional infrastructure 24 Partnerships 30 Limit development 30 Policy 31 Research 32 Planning mechanisms 37 Habitat protection 58 Educate 68

0 10 20 30 40 50 60 70 80

Figure 14: Cultural and heritage protect comments by theme (n=354)

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4.4 Townships

Feedback relating to the townships was collected through blue coloured cards during open houses, visual representation on an online map, and via online questions ‘What township characteristics do you value the most?’; ‘Do you think there are any threats to these township characteristics?’; and ‘How can we better protect these township characteristics?’. Responses included:

• 154 comments face-to-face

• 220 comments online

• 39 mapped online pins.

Values

The participants mostly valued the small township character throughout the Bass Coast because the towns are relaxed and provide a village feel (Figure 15). Easy access to open space, amenity and facilities was also mentioned. People highly valued the community feel of the townships, where people are all friendly and strong community connections are evident. Neighbours are caring and people support each other when needed, either individually or through the many volunteer groups that exist. The fact that local communities and visitors alike are supported by a few strong local businesses was also valued.

Limited development, with low rise and low density was highly valued. The mix of housing should be well thought out and planned to ensure sustainable growth however it was suggested that this should occur within the township boundaries with growth directed inland and not along the coast. Space between towns was valued with activity occurring in distinct town centres.

The natural landscapes and native vegetation of the townships were also highly valued. In particular the green spaces and trees were mentioned as well as the closeness of the townships to the beaches, walks, views and trails.

“I love the fact that the townships are still retained within their own unique boundary lines. This and the green wedges between these townships are crucial to the ongoing beauty of the island. These boundaries also help to ensure that overdevelopment does not occur in the future. We don’t want to look like Torquay!!”

“The fact that so many of the townships have a smallish and contained feel. They are bounded by natural features like coast, bush, creeks or farmland.”

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Economic prosperity 10 Recreation 12 History 12 Transport 13 Retail/shopping 18 Other value 18 Vegetation 23 Beaches 32 Natural Landscapes 43 Limited Development 48 Community 74 Township character 166

0 20 40 60 80 100 120 140 160 180

Figure 15: Townships values comments by theme (n=494)

Threats

Participants highlighted overdevelopment, planning response and controls, infrastructure constraints as the greatest threats to townships (Figure 16). When discussing overdevelopment participants mentioned the removal of trees, too much inappropriate housing and subdivisions, extending housing outside existing town boundaries, and loss of character and identity, as the key threats to what is valued.

When discussing planning responses and controls participants mentioned the lack of protection for remnant vegetation, heritage properties, town boundaries and township character. A few commented that new development should not occur anywhere other than in Wonthaggi.

Participants felt that inadequate infrastructure such as parks, traffic and transport infrastructure is a key threat and that existing infrastructure is not meeting current needs and will continue to be under pressure without an increase in population.

“They are threatened by the excessive growth promised by development of the area North of Seaward Drive, with large numbers of extra houses planned, but no extra recreational facilities or other infrastructure, e.g. parking, being planned to go with it.

The existing infrastructure is adequate only for the existing population, and would be strained by the addition of extra people, even within the existing developed areas - many blocks of land within the existing boundaries are not yet built on and may add to the pressure on existing infrastructure”

“Yes - too much 'redevelopment' with contemporary architecture - although some is necessary if urban sprawl is to be prevented. Also - too many people are too keen to chop down trees.”

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Tourism threat 12

Biodiversity loss 12

Other threat 15

Commercialisation 20

Infrastructure constraints 37

Increased population 61

Planning response/controls 127

Overdevelopment 166

0 20 40 60 80 100 120 140 160 180

Figure 16: Townships threats comments by theme (n=474)

Protection

Planning mechanisms was mentioned the most in relation to what is needed to protect township values along with limiting development and policy development (Figure 17). When discussing planning mechanisms participants wanted to see better planning and heritage controls, definition of specific township character, and to retain existing township boundaries. Height restrictions and planning for sustainable growth in designated locations such as Wonthaggi were also mentioned.

When discussing limiting development participants mentioned the need for protecting the village feel of towns and reducing housing sprawl. Participants felt it was important to protect the natural environment and limiting tourist development. This included reducing the introduction of large shopping centres and large business development. Participants would like to maintain a sense of separateness between each of the small towns.

Participants suggested applying green wedges, creating legislation to define exactly what can and cannot happen to ensure appropriate urban development as possible policy responses.

“Make statutory regulations on height and planting, open space and community facilities.”

“The protection of the potential that these townships have to provide a quality residential lifestyle for a greater number of people requires good planning.”

“- Limit or reject town expansion which should only take place in Wonthaggi

- The existing commercial businesses such as the Tavern and General Store are sufficient for the existing population however, town boundary expansion will lead to infrastructure stress and hence, alter the existing town character”

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Educate 11

Support development 12

Partnerships 12

Regulation 17

Other protect 18

Habitat protection 27

Additional infrastructure 30

Policy 44

Limit development 86

Planning mechanisms 184

0 20 40 60 80 100 120 140 160 180 200

Figure 17: Townships protect comments by theme (n=466)

4.5 Economic areas

Responses relating to economic areas were collected through red coloured cards during open houses, visual representation on an online map, and via an online survey through the questions ‘What areas of economic prosperity do you value the most?’; ‘What do you believe are the threats to these areas of economic prosperity?’; and ‘How can we better protect these areas of economic prosperity?’. Responses included:

• 102 comments face-to-face

• 220 comments online

• 24 mapped online pins.

Values

Participants most frequently mentioned tourism as an economic prosperity they value the most in the Bass Coast region (Figure 18). Comments highlighted that tourism was a very important element for the region, particularly to keep young people in the townships. Participants often spoke about having environmentally considered, sustainable and appropriate tourism but did not necessarily mention examples.

Participants highlighted farms and farmland as an economic prosperity they value the most in the region. Agriculture was linked closely with tourism with participants stating it ensures economic benefits for the entire community and is a tourism drawcard. Wineries and farmers markets were often mentioned. Participants commented on the reduction in agricultural land,

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with many firmly believing that this land is valued as it provides food and to sustain the economic prosperity of the region.

Other elements of economic prosperity mentioned included retail and shopping and the characteristics of the townships. Participants mentioned the local traders as well as the diversity and vibrancy of Inverloch shops, the town centre in Cowes, the retail in Wonthaggi.

“Tourism – 39 per cent of the Phillip Island economy is reliant on the visitor economy. The Phillip Island and San Remo Visitor Economy Strategy is the most important document to execute for this region.”

“Tourism. Without it, the Island would not be as viable for living.”

“Tourism. People visit here from all over the world to visit our unique wildlife, so we need to do more to protect them by leaving their habitat, having wildlife corridors and signage.”

“Agriculture is part of the Bass Coast's heritage. Stop selling farmland for housing.”

“I do believe farming land needs to be protected because farming provides our food security and keeps our country safe.”

Beaches 13

Other value 16

Economic prosperity 16

Limited Development 16

Natural Landscapes 20

Community 21

Township character 27

Retail/shopping 30

Farms/Farmland 98

Tourism 104

0 20 40 60 80 100 120

Figure 18: Economic areas values comments by theme (n=407)

Threats

Participants frequently mentioned planning response and controls as a threat to the things they value in the Bass Coast (Figure 19). Participants commented on overuse of the land, inappropriate land use and inappropriate development often citing that new residential development is built too close and on lots that are too small creating poor housing outcomes. There was concern this was impacting negative changes to township character.

Participants spoke about inadequate infrastructure to support the growth in tourism and permanent residents. Specific threats mentioned included poor maintenance of local roads and congestion around peak periods meaning that getting on or off Phillip Island is a huge traffic jam.

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Overdevelopment was often cited as a key threat to what people value in the region, particularly the threats to agriculture and farming land. Participants were concerned that fertile farming land is being lost for housing developments.

“A lack of future vision of what 'could be' with good forward planning and zoning.”

“Potentially rezoning of farmland, not protecting sensitive wildlife areas and eco systems from mass visitation with no facilities and infrastructure in place. For example, at the whale festival there are too many cars and people parking in protected vegetation.”

“Residential development is a threat to farming if it continues to creep onto rural land.”

“There will be pressure to create more housing which in turn makes it more viable for farmers to sell land.”

“Development of any more green space on Phillip Island is endangering more wildlife areas.”

Increased population 10

Biodiversity loss 14

Climate Change 14

Commercialisation 16

Tourism threat 19

Infrastructure constraints 27

Other threat 30

Overdevelopment 75

Planning response/controls 80

0 10 20 30 40 50 60 70 80 90

Figure 19: Economic areas threats comments by theme (n=308)

Protection

To protect what they value, participants often cited planning mechanisms, in particular to protecting agricultural and farming land (Figure 20). Some suggestions for planning mechanisms included strict rural zone controls, retaining the existing settlement boundaries and allowing new housing developments only in areas designated as high growth. Participants suggested keeping the townships ‘country feel’ through small scale sensitive development and having height limits on developments to two to three storeys.

Participants also spoke about policy to protect the environment and habitat and to also support local farmers to do the same.

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“Carefully settled arrangements where each area has a role to play in complement to a regional growth plan.”

“Housing is necessary to accommodate the growing population but where possible use or consider land areas of poor agricultural quality primarily for housing purposes and protect good quality land for agricultural purposes rather than for housing.”

“Ensure all planning regulations, local government vision and plans are based around the core issue being to protect the natural environment.”

“More support is required for the farmers to help them manage their land and on many levels, such as pest control and adapting to climate change. They need support to make the necessary changes and restore the environmental balance, which benefits everyone and the natural wildlife.”

Transport connections 10 Regulation 10 Educate 14 Partnerships 19 Other protect 20 Provision of additional infrastructure 21 Support development 23 Limit development 30 Habitat protection 36 Policy 50 Planning mechanisms 87

0 10 20 30 40 50 60 70 80 90 100

Figure 20: Economic areas protect comments by theme (n=339)

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4.6 Future aspirations for the Bass Coast

We asked participants to define their future aspirations for Bass Coast. A total of 107 participants responded to the question ‘What do you want the Bass Coast to be like in the future? Consider what you love most about this place, what it looks and feels like. Responses included:

• 29 face-to-face vision statements

• 78 online vision statements.

The following key themes emerged through the responses:

• natural environment

• farmland and food production

• townships

• economic sustainability

• community.

Many participants held aspirations for the natural environment (vegetation, wildlife, and marine environment and marine life) in their vision of the future, noting that the natural environment had attracted them to live in the Bass Coast. Participants often envisioned a future that was clean, green and pristine, a place where the current environment was maintained or even improved with re-vegetation and renewal of habitats. Many participants spoke of improved habitats for wildlife, the joy they felt in viewing wildlife which continued to thrive and spoke of improved biodiversity because the landscape was protected and allowed to recover from human impacts.

Most participants spoke of how they valued the coastline, including beaches for swimming and surfing, the cliffs, sand dunes and clean waters. Other aspirations focused on the vegetation, bushlands, coastal vegetation and thriving wetlands. Many participants imagined that legislation would protect the environment in the future, mentioning increased natural reserve land, protected trees, whilst noting the Ramsar listed wetlands and UNESCO listed biosphere reserves in Western Port.

Some participants imagined enhanced environmental sustainability, and dreamed of a pollution free, carbon neutral Bass Coast. They noted increased use of solar energy, a decrease in car usage, and an increase in active and public transport to better connect towns.

Participants spoke highly of the connection of the Bass Coast townships to the surrounding farmland, noting the importance of the countryside, or rural landscapes. Participants hoped that the farmland would be protected from encroaching development, and that farming would be sustainable, both economically and environmentally and continue to be viable into the future. Participants made mention of farming families as part of the community.

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Some participants imagined a future where local produce and sustainable food was better showcased to visitors.

Participants imagined a future where their townships continued to have a strong connection to the coastline, bushland and rural landscapes. They spoke of their towns continuing to be small villages throughout the ‘rural hinterland’. Many spoke of preserving each unique towns’ identity, culture and heritage.

Many participants imagined that legislation would help to secure town boundaries and consolidate development in order to conserve nature and the coastline. The future of Bass Coast is not like a city, not suburban, but townships that merge with the environment. Participants envisioned that appropriate growth areas would be defined and well planned, and that sensitive land and coastlines would not be subject to development.

Some participants imagined a future Bass Coast that is exactly as it is now, with little to no further growth in development, populations or visitation. However, many envisioned that the future Bass Coast would see some development that was mindful of environmental sustainability. Some participants suggested future growth in eco-tourism and eco resorts, which could both support tourism economic growth while preserving the landscape. Many linked the ongoing preservation of the natural environment and wildlife to the success of the tourism industry. Some participants imagined that tourism would be better managed in the future so as not to impact on the local lifestyle.

Other participants believed that future growth could be accepted and beneficial if the small-town feel was preserved. Overall participants wanted town boundaries to be maintained, however some imagined higher density towns with thriving businesses, affordable housing, job opportunities for future generations, and revitalisation of abandoned buildings. Participants longed for a future that finds balance between environment and economy.

Many participants spoke of the friendliness of the communities within their towns, their long-time connection to the Bass Coast and a shared connection to the land, and how they hoped that this sense of community and care for the land would continue. Many participants spoke of having familial attachment to the Bass Coast, and valued interaction with other families and friends, and the connection between younger and older people. Participants talked about connecting with their community through activities such as enjoying the arts and creative endeavours, walking and bush walking, cycling, and mountain biking. They imagined these activities would be better supported by appropriate infrastructure and services in the future.

Participants also imagined a Bass Coast that was not exclusive, that welcomed people from diverse backgrounds and financial means. They imagined improved community services, such as hospitals, and accessible facilities and activities for people of all abilities.

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“I won’t be around then, but I would wish for an environment that’s at least as good or preferably better than it currently is.”

“I would like to see San Remo maintain its pristine coastal marine village atmosphere which has been lost in many parts of Australia.”

“I want there to be a farming community here in the future”

“to be a vibrant coastal town full of heritage but not stuck in the past.”

“I would love Bass Coast to be valued for its connection to the natural environment. I love the kangaroos on the golf course and in the wetlands in Wonthaggi.”

“the ease of moving by foot between the two (town & bush) that most inspires me about the region.”

“I love the natural environment and being part of a wonderful dynamic and caring community, a community that respects and honours our First Nations peoples and one that continues to work towards a sustainable future for all residents; human, flora & fauna”

“Lifestyle and affordability. I don't want Bass Coast to turn into a Lorne or Portsea where only a small percentage of the population can afford a property due to limited land supply which in turn leads to higher prices and unaffordability.”

“I hope this initiative saves the wild and beautiful Bass Coast from extinction.”

“If we enact strong regulatory planning and preservation laws that cannot be overturned on the whim of politicians, councils or governments we stand a chance of keeping what we have.”

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4.7 Location specific findings

Mapping activities were available at open houses as an engagement tool (physical maps with colour coded numbered dots that correspond with the colour coded cards, and annotations), and online pins. A screenshot of dots mapped and online pins for each discussion theme is shown in Figures 20-24.

Figure 21: Participant mapping related to Natural Environments

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Figure 22: Participant mapping related to Landscapes and Scenic Views

Figure 23: Participant mapping related to Culture and Heritage Sites

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Figure 24: Participant mapping related to Townships and Settlements

Figure 25: Participant mapping related to Areas of Economic Prosperity

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A summary of references made to particular locations is provided in Table 6Table 6: Summary of location specific comments from participants in order of frequency mentioned.

Table 6: Summary of location specific comments from participants in order of frequency mentioned

Location Summary Quote

Cape Paterson Cape Paterson was referenced in 129 “Cape Paterson is a comments. Participants mostly valued the small but integrated beaches, township character, views and township. All existing community feel. houses are close to the Bay and Surf Beaches, Participants commonly referenced the following as well as to the "town local landmarks and areas: centre" with its Tavern, • first and second surf beaches shops and café. • sand dunes The dead-end nature of • rocky coastline/rock platforms Cape Paterson means • coastline views that traffic is not racing sites of Aboriginal significance • through on its way to • dinosaur fossils elsewhere, so is much • coastal road between Cape Paterson less dangerous than in and Inverloch. many other beachside The biggest threats to values are towns. overdevelopment, increased population and There are excellent planning response and controls. community facilities - Participants felt that their values should be parks, playgrounds, protected through planning mechanisms, tennis courts, a limiting development and habitat protection. community hall, two lifesaving clubs to cover the two main beaches, and ample camping and caravanning facilities”

Phillip Island Phillip Island was referenced in 122 comments. “I most value the natural Participants mostly valued the natural environment, wildlife and landscapes, beaches and township character. coastal areas and beaches of Phillip Island. Participants commonly referenced the following local landmarks and areas: It is an important environmental distinctive • Philip Island Nature Park and landscape and area, full attractions of natural habitat and • Bunurong cultural sites wildlife. Habitat includes • Cape Woolamai not only trees (habitat for • Pyramid Rock birds, koalas, possums • Chicory Kiln etc, but also significant remnant coastal

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• southern coast beaches and views vegetation and important (generally) grasslands that provide • Smith’s Beach habitat for endangered • Berry's Beach Cape Barren Geese and • Forest Caves. ground nesting birds such as plovers, The biggest threats to values are wallabies, echidnas etc overdevelopment, planning response and and sand dunes and controls and increased population. wetlands important for Participants felt that their values should be migratory birds like protected through planning mechanisms, shearewaters, and limiting development and policy. beaches for endangered Several participants commented on the Phillip hooded plovers. Phillip Island Airport and re-development or Island has significant naturalisation of the area. landscapes with its rock formations, caves, cliffs, and world-renowned beaches.”

Inverloch Inverloch was referenced in 96 comments. “Inverloch is noted for its Participants mostly valued the beaches, views, natural beauty which township character, vegetation, community does include trees - feel, natural landscapes and recreation mature ones, vegetation options. and wetlands and even farmland.” Participants commonly referenced the following local landmarks and areas: “The coastal road from Inverloch to Cape • dinosaur fossils Paterson and the view as • rocky coastline and views you come into Kilcunda, • flat rocks breathtaking!” • surf beach • coastal road between Cape Paterson “The beauty of our and Inverloch. coastline. Everything should be done to The biggest threats to values are maintain the specialness overdevelopment, planning response and of this magical place.” controls, increased population and erosion.

Participants felt that their values should be protected through habitat protection, provision of additional infrastructure, planning mechanisms and policy, and limiting development.

Wonthaggi Wonthaggi was referenced in 95 comments. “The wonderful natural Participants mostly valued the township biodiversity of Wonthaggi character, natural landscapes, wetlands, and and it's many bush land parks.

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Participants commonly referenced the following areas. It is a unique local landmarks and areas: landscape.”

• Rifle Range Reserve and wetlands “Small coastal towns, we • Baxter’s wetland need to retain and grow • wetlands (generally) Wonthaggi as the hub.” • heathland “Bunurong coastal views, • mining heritage. the farmland around The biggest threats to values are Wonthaggi, The Harmers overdevelopment, planning response and heathland.” controls and infrastructure constraints. “Wonthaggi is Participants felt that their values should be recognised as a high protected through planning mechanisms, growth area meeting habitat protection, limiting development and infrastructure needs for provision of additional infrastructure. the surrounding smaller towns and villages. This Participants noted that Wonthaggi was more model enables the suitable for growth and development, as smaller towns to retain compared to smaller surrounding townships. their distinctive They also frequently noted Wonthaggi as a characters.” place to access social services, such as education and healthcare.

Corinella Corinella was referenced in 67 comments. “The rural small-town Participants mostly valued the township character of Corinella” character, beaches, wildlife, history, Aboriginal “Corinella feels in heritage and vegetation. harmony of the natural Participants commonly referenced the following environment but has local landmarks and areas: been allowed to develop inappropriately. We are • pier losing the natural beauty • cliffs from Corinella to Coronet Bay with acres upon acres of • coastal vegetation and mangroves trees being cut down.” • Settlement Point • sites of Aboriginal significance. “Indigenous and site of first Victorian white The biggest threats to values are settlement. Need to overdevelopment, planning response and balance these and controls, increased population and biodiversity protect for future loss. generations to Participants felt that their values should be understand.” protected through planning mechanisms, habitat protection and limiting development.

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Cowes Cowes was referenced in 66 comments. “I love the feel of the Participants mostly valued the township Cowes old fashioned pier character, beaches, and vegetation. area, the eateries and having fish and chips Participants commonly referenced the following sitting on the grass local landmarks and areas: watching the fabulous • Cowes Beach sunset on a perfect • Silverleaves Beach evening. What an • north facing beaches (generally) experience for a family, • significant trees on Coghlan, kids chasing the Settlement Road and Thompson seagulls, laughing Avenue. together, that's when The biggest threats to values are memories are made. A overdevelopment, planning response and totally relaxing controls, commercialisation and biodiversity experience for visitors loss. and residents alike, and apart from the food it's all Participants felt that their values should be free!” protected through planning mechanisms, habitat protection and limiting development. “The magnificent north facing Cowes and Silverleaves beaches”

Coronet Bay Coronet Bay was referenced in 57 comments. “Coronet Bay - the Participants mostly valued the beaches, foreshore, beach and vegetation, township character and natural Water, as well as the landscapes. recreation reserve area within the town” Participants commonly referenced the following local landmarks and areas: “Area of Coronet Bay. Corinella not being • Coronet Bay Beach developed. No • coastal cliffs residential besides • unique coastal vegetation. existing blocks.” The biggest threats to values are “Coronet Bay Beach and overdevelopment, planning response and Waterviews, plus controls, and biodiversity loss. surrounding rolling hills Participants felt that their values should be and pastures” protected through planning mechanisms, limiting development and habitat protection.

Cape Cape Woolamai was referenced in 51 The view from any point Woolamai comments. Participants mostly valued the of Cape Woolamai natural landscapes, beaches and views. Beach is crowned by the rust red rocks of the Participants commonly referenced the following pinnacles. The view from local landmarks and areas: this point is made • forest caves significant by the long

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• Cape Woolamai Beach and surf expanse of coastline with culture buildings settled into the • ridges and ridgeline. native vegetation. Views The biggest threats to values are to and from this overdevelopment, planning response and significant feature should controls and tourism. be protected.”

Participants felt that their values should be protected through planning mechanisms, habitat protection and limiting development.

San Remo San Remo was referenced in 51 comments. “The village atmosphere Participants mostly valued the beaches, of San Remo.” township character, natural landscapes and “San Remo's pristine recreation. waterways.” Participants commonly referenced the following “Events held on local landmarks and areas: foreshore at San Remo • Shelly Beach and Aboriginal and in the car park.” significance “The coastal area • foreshore parklands between Lions park and • jetty. Foots lookout at San Participants felt that their values should be Remo.” protected through planning mechanisms and provision of additional infrastructure and limiting development.

Newhaven Newhaven was referenced in 48 comments. “Important grassland Participants mostly valued the, natural habitat for ground landscapes, township character and wildlife. dwelling/ nesting wildlife - Cape Barren Geese, Participants commonly referenced the following wallabies, plovers, local landmarks and areas: echidnas. Increasingly • Newhaven Boys Home getting squeezed out of • Newhaven Beach housing developments • swamplands and farmlands.”

The biggest threats to values are “Historic Boys Home overdevelopment, planning response and should be Heritage controls and biodiversity loss. protected.”

Participants felt that their values should be “Natural environment protected through planning mechanisms, needs to be protected limiting development and habitat protection. and accessed by walking tracks.”

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4.8 Extended responses

Some resident groups, individual community members, businesses, and land managers submitted extended responses as part of the engagement process. These responses raised a range of concerns which are summarised in this section. Twenty submissions were received in total. Overall, these submissions reflected many of the same themes found throughout this phase of engagement.

Community

Ten community groups from across the Bass Coast submitted extended responses.

In addition, several individuals submitted their own extended responses. Though community groups and individual responses often focused on their local area, they largely revolved around some common themes. Primarily they supported the proposed declaration and highlighted what they valued about the region or their local area, as well as what they perceived as threats and potential options for protecting valued assets. The common themes which emerged from these submissions were:

• Development. Submissions often strongly opposed future subdivision of agricultural land for housing development and instead supported “low growth” and the preservation or reduction of existing settlement boundaries. These responses often focused on the environmental impact of new residential development, such as storm water run-off, native vegetation removal, disruption of wildlife corridors (especially in the non-urban breaks between townships), and the interaction of new development with climate change-related coastal hazards. Within this theme, some submissions asserted that there ought to be a limit to the height and density of developments near the coastline to protect vistas and character, as well as restrictions around locating tourism accommodation in sensitive environmental areas. In addition, some submissions also cited the impact that new development has on township character and already “struggling” infrastructure as their cause for concern over increased housing development. It should be noted that not all submissions were consistent in this sentiment: one submission from an individual was concerned about the rising prices of land and the cost this creates for new homebuilders, and another cited the lack of land supply to support population growth and economic development. One submission emphasised the need to strike a balance between tourism development and protecting environment values.

• Character and heritage. Many submissions stressed the need to protect Aboriginal cultural heritage, such as the middens on Philip Island, as well as historical settlers’ sites such as original homesteads and significant trees. These sites were seen to be under threat from development and coastal recession, with many suggesting they be protected under planning overlays or legislation. In addition, the idea of “suitable development” was raised, wherein submissions emphasised that large buildings negatively impact coast scapes and rural landscapes. Some submissions felt that character of the Bass Coast was already under threat from new developments, which “don’t retain a coastal feel” due to being of increased density and height. Many suggested a height limit of eight meters. In addition, some submissions expressed a

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desire to prescribe colours and materials of new developments to “reflect the character of the coast”. Consultation with Traditional owner groups was encouraged as early as possible and throughout the entire policy development process. Assessment of Aboriginal values should consider historic values and ongoing cultural attachments to Country.

• Environmental protection. Many submissions expressed a desire to protect and enhance the natural landscapes of the area. Protection was sought for sensitive environmental attributes such as wetlands, saltmarshes, mangroves, seagrass, habitat for endangered and/or migratory birds, significant remnant paddock trees, and remnant indigenous vegetation.

o Native vegetation. Many submissions were concerned with the depletion and fragmentation of native vegetation. Some felt that private landowners were responsible for the clearing of native vegetation, either for development, views, or under the bushfire management regulations that allow for tree removal proximate to dwellings and boundaries. Others highlighted the impact of sea level rise, coastal recession and recreational use on vegetation, either reducing overall area, health or resilience or the vegetation. Often native vegetation protection was linked to the non-urban breaks between townships and identified as important habitats and corridors for wildlife. Particular attention was paid to coast wetlands and estuaries and the threat that climate change poses for these areas and the habitat they provide. Some suggestions for the protection included extending native vegetation through the planting of indigenous species, strengthening of regulation around removal, and the buy-back of private land. Within this theme, many submissions mentioned the endangered species which rely on native vegetation for habitat, such as the Orange-bellied Parrot.

o Beaches and dunes. Many submissions also highlighted the importance of the beaches and dune systems, often relating their health to mitigating the impacts of rising sea levels, and providing habitat for endangered shorebirds, such as the Hooded Plover. Threats identified include human activity, coastal erosion and recession, invasive weeds, and sea level rise. Tourism and housing development were also identified as threats to sensitive coastal environments. Some submissions suggested that a study of the coastline and dunes be conducted to understand how best to protect these areas.

o Climate change. Sea level rise, coastal erosion and other climate change related hazards were commonly identified as general or widespread threats to environmental attributes of all kinds, including inland biodiversity, as well as sites of geomorphological significance. Many expressed a desire for a declaration of a “climate emergency” and additional studies into how to best protect areas under threat from the impacts of climate change.

o Policy development. An assessment of landscape character, values and significance was encouraged and a strengthening of overlays for landscape, environment and vegetation. Alignment with Council policies was suggested to

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reduce duplication and ensure clarity and consistency. French Island was specifically mentioned and suggested to be included in the declared area.

Commonly suggested methods of protection from these threats were: well-planned access paths to the beach to reduce human impact on dunes and beaches, protect and extend native vegetation through further planting of indigenous species and control of invasive weeds, environmental educational signage, enforcement of existing environmental regulations, and monitoring of coastal erosion. In addition, one submission suggested a 100m coastal buffer wherein landowners would transfer this land to state ownership, while another suggested a ‘user pays’ system for visitation to sensitive landscapes.

• Bushfire prevention. There were several submissions which raised concerns over the threat that bushfires pose to the natural and built environment of the Bass Coast, though most focused-on wildlife and habitat loss. Some suggested that there should be a more proactive approach to fire management plans, such as mosaic burning. However, there were also concerns that the current bushfire management regulations were excessive or ‘abused’ in order to remove native vegetation and large trees (which would have otherwise required a permit to remove). Some felt these regulations were excessive for parts of the Bass Coast.

Overall, these submissions generally supported the Bass Coast being designated as a Distinctive Area and Landscape. However, there were concerns over the impact this would have on future population growth and housing development in the area. Many of these submissions provided considerable detail to the values and threats or made specific suggestions for protection in specific, mapped locations. Further detail can be found in the individual submissions.

Other submissions

• Two submissions were received from responsible public entities in Bass Coast. They identified their key values and threats in the area, opportunities for protection, as well as on-going projects and strategies within their organisation which should be considered as part of the DAL process.

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5 Next steps

A recommendation regarding declaration of the Bass Coast as a DAL is expected in the second half of 2019. Following any such the declaration, a second phase of engagement will be undertaken to test potential policy directions and help to inform the development of the Statement of Planning Policy. A third phase of engagement will then be undertaken to inform the draft Statement of Planning Policy through a public submissions process. The final SPP is expected in 2020.

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6 Engagement evaluation

A total of 46 participants completed an online engagement evaluation survey after attending an open house event. Engagement evaluation is important in ensuring participants have a chance to provide feedback on the engagement content and format and inform future engagements.

We asked participants to answer the following questions using a five-point Likert scale:

• Quality of information - “How well did we present the required information?

• Use of time - “How well did we use our time?

• Participation - “How well did we do on making sure everyone was involved?

• Facilitation - “How well did we describe activities and keep the event focused?”

• Organisation - “How well was the event set up, managed and run?”

Overall participants were mostly satisfied with the event organisation (weighted average 3.63), and the quality of information (weighted average 3.57). Participants were least satisfied with the

event facilitation (weighted average 3.37) (Figure 26).

- Responses

Engagement evaluation survey questions

Figure 26: Engagement evaluation results

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Engagement promotion

We asked participants “how did you hear about the event”? Most participants were informed by

email, print media and word of mouth (Figure 27).

- Responses

Figure 27: How participants were informed about the events Session attendance

We asked participants, “Which session did you attend?”. The two most popular sessions attended by the survey participants included those held in Inverloch and Cowes. The session in Inverloch on Wednesday 24 July was the event which attracted the greatest numbers of

attendants (Figure 27).

- Responses

Figure 28: Engagement evaluation survey participants session attendance by location

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Further comments

We also asked participants, “Is there anything else you’d like to add?”. A total of 33 survey participants chose to add further comments.

• Some participants were confused by the design and layout of the activities at the session, indicating it took them time to understand how to participate.

• Several participants suggested they would have preferred to begin the session with a more formal presentation, indicating this would have allowed them to gain a better understanding of the project and how to participate in the engagement activities.

• A few participants expressed an interest in being kept informed with future developments of the project and any further planned community engagement sessions.

“A brief talk by officers explaining the process objectives and timelines would have been helpful” – Cowes open house participant

“Thank you for this opportunity although it took a while for me to understand how I could input my thoughts on various map places” – San Remo open house participant

“Need to know what has been decided and if any more input would be liked. Maybe another event to show what has been approved and any other suggestions or changes can be done” – Wonthaggi open house participant

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