Planning and Environment Act 1987

MACEDON RANGES PLANNING SCHEME

AMENDMENT C46

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Minister for Planning, which is the planning authority for this amendment.

The amendment has been made in accordance with Section 48 of the Heritage Act 1995.

Land affected by the amendment.

The amendment applies to the following sites:  HO2 Alton  HO6 Elderslie  HO19 Botanic Gardens Precinct  HO26 Degraves Mill  HO27 Skelsmergh Hall  HO28 Rock House  HO29 St. Agnes Homestead  HO31Bridge Abutments and Surrounding Mature Trees  HO34 Avenue of Honour  HO37 Macedon Cross  HO46 Carlsruhe Railway Station  HO53 Former Kerrie Primary School No 1290  HO55 Weatherboard Gardener’s Store  HO59 Railway Bridge  HO60 Malmsbury Rail Bridge  HO65 Former Wills House  HO78 Woodend Court House  HO81 Road over Rail Bridge  HO111 Kyneton Court House  HO117 Macedon House  HO120 Pastoria Homestead  HO127 Windmill  HO165 Kyneton Botanic Gardens  HO167 Isaac Smith Drinking Fountain  HO168 Kyneton Railway Station Complex  HO169 Shelter Shed Pavilion  HO191 Malmsbury Railway Station  HO197 Freemasons’ Hall  HO202 Folk Museum  HO203 Shops  HO204 Kyneton Secondary College  HO204 Shop  HO205 Barbour’s Tramway & Log Chute  HO205 Shop  HO215 Rail Bridge over Riddells Creek

 HO220 Kyneton District Hospital  HO249 Bolobek  HO250 New Gisborne Railway Station Complex  HO251 Insitu Horseworks  HO252 Braemar House  HO253 Malmsbury Botanic Gardens and Town Hall  HO254 Mechanics Institute and Library  HO255 Stonemasons Yard  HO256 Kyneton Arts Centre  HO259 Gisborne Mains Homestead Site  HO262 Former Willis Flour Mill  HO263 Velvet Soap Advertising Sign  HO264 Balance of Macedon House

What the amendment does.

The amendment is to alter the planning scheme maps and the schedule to the Heritage Overlay so that the above heritage places shown in the Macedon Ranges Planning Scheme are consistent with the Victorian Heritage Register.

Strategic assessment of the amendment

. Why the amendment is required?

The amendment is required because Section 48(1) of the Heritage Act 1995 states that the Minister must prepare and approve an amendment to any planning scheme applying to a place which is included in the Heritage Register to identify the inclusion of that place in the Heritage Register.

This amendment corrects the extent of registration shown on the planning scheme maps to show the accurate area of the heritage sites, to depict recently included places in the Heritage Register in the planning scheme and to modify the Schedule to the Heritage Overlay where appropriate so that the planning scheme is consistent with that as registered on the Victorian Heritage Register.

. How does the amendment implement the objectives of planning in Victoria? (S4 of the Planning and Environment Act 1987)?

The amendment implements S1 (d) of the Act: to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value;

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

Not applicable - Section 48(1) of the Heritage Act 1995 states that the Minister must prepare and approve an amendment to any planning scheme applying to a place which is included in the Heritage Register to identify the inclusion of that place in the Heritage Register.

Section 48(4) of the Heritage Act 1995 states that the Planning and Environment Act 1987 (except sections 12(1)(a) and (e), 12(2), 12(3), Divisions 1 and 2 of Part 3 and sections 39(1), 39(2), 39(3), 39(4), 39(5), and 39(6) and any regulations made for the purpose of those

provisions) applies to the preparation and approval of amendments under sub-section (1) of section 48.

Accordingly, no regard is required to be given to Minister’s directions, the VPP’s, environmental, social or economic effects.

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

Section 48(4) of the Heritage Act 1995 exempts the Minister for Planning from taking relevant Minister's Directions into account.

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

. How does the amendment support or implement the State Planning Policy Framework?

. How does the amendment support or implement the Local Planning Policy Framework?

. Does the amendment make proper use of the Victoria Planning Provisions?

Yes. The amendment will ensure that the heritage places identified above and as listed in the Victorian Heritage Register are clearly identified within the Heritage Overlay of the Macedon Ranges Planning Scheme.

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

. What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at:

Macedon Ranges Shire Council, 129 Mollison St, Kyneton, Vic 3444.

The amendment can also be inspected, free of charge, at the Department of Planning and Community Development web site at www.dpcd.vic.gov.au/planning/publicinspection.