Planning and Environment Act 1987
Panel Report Benalla Planning Scheme Amendment C33 48 Four Mile Road, Benalla
27 December 2018
Planning and Environment Act 1987 Panel Report pursuant to section 25 of the Act Benalla Planning Scheme Amendment C33 48 Four Mile Road, Benalla 27 December 2018
Tim Hellsten, Chair
Benalla Planning Scheme Amendment C33 Panel Report 27 December 2018
Contents Page 1 Introduction ...... 3 1.1 The Amendment ...... 3 1.2 Background to the proposal ...... 7 1.3 Summary of issues raised in submissions and approach of the Panel ...... 7 2 Planning context ...... 9 2.1 Planning Policy Framework ...... 9 2.2 Planning scheme provisions ...... 12 2.3 Ministerial Directions and Practice Notes ...... 12 2.4 North West Benalla Outline Development Plan...... 13 2.5 Conclusion ...... 14 3 Native vegetation and habitat impacts ...... 15 3.1 The issue ...... 15 3.2 Submissions ...... 15 3.3 Discussion ...... 16 3.4 Conclusions ...... 17 4 Traffic impacts ...... 18 4.1 The issue ...... 18 4.2 Submissions ...... 18 4.3 Discussion ...... 18 4.4 Conclusions ...... 19 5 Drainage impacts ...... 20 5.1 The issue ...... 20 5.2 Submissions ...... 20 5.3 Discussion ...... 22 5.4 Conclusions ...... 23 6 Amendment approach ...... 24 6.1 Zoning Map ...... 24 6.2 Zoning and section 173 Agreement ...... 24 6.3 North West Benalla Outline Development Plan...... 27
Appendix A Revised Zoning Map Appendix B Development Concept Plan Appendix C Further submission from R Noonan
Benalla Planning Scheme Amendment C33 Panel Report 27 December 2018
List of Figures Page Figure 1 Subject land in context ...... 3 Figure 2 Site from south-eastern corner and north-eastern corner ...... 4 Figure 3 Vegetation in north-western low point of the site ...... 4 Figure 4 Four Mile road (looking west) and Goomalibee Road (looking west) ...... 5 Figure 5 Zoning context ...... 5 Figure 6 Exhibited and rectified Zoning Map ...... 6 Figure 7 Subject land title details ...... 6 Figure 8 Benalla Structure Plan ...... 11 Figure 9 North West Benalla ODP area ...... 13 Figure 10 North West Benalla ODP ...... 14 Figure 11 Flora and fauna assessment - ecological features map ...... 16
List of Abbreviations
the Act Planning and Environment Act 1987 DELWP Department of Environment, Land, Water and Planning GBCMA Goulburn - Broken Catchment Management Authority GRZ General Residential Zone LDRZ Low Density Residential Zone LSIO Land Subject to Inundation Overlay VPA Victorian Planning Authority
Benalla Planning Scheme Amendment C33 Panel Report 27 December 2018
Overview
Amendment summary The Amendment Benalla Planning Scheme Amendment C33 Common name 48 Four Mile Road, Benalla Brief description Rezone the subject land from Farming Zone to General Residential 1 Subject land 48 Four Mile Road (Lot 1 TP555039), Benalla The Proponent Perna Pty Ltd Planning Authority Benalla Rural City Council Authorisation 6 November 2014 (Amendment timeframe extended to 30 July 2019) Exhibition 29 January – 3 March 2015 Submissions Submissions were received from: 1. Goulburn Broken Catchment Management Authority 2. Environment Protection Authority 3. Goulburn Murray Water 4. APA Gas 5. North East Water 6. Department of Environment, Land, Water and Planning 7. R Noonan (Opposed)
Panel process The Panel Tim Hellsten (Chair) Directions Hearing Benalla Performing Arts and Convention Centre, Benalla, 22 October 2018 Panel Hearing Benalla Performing Arts and Convention Centre, Benalla, 28 November 2018 Site inspections Unaccompanied, 22 October 2018 and accompanied 28 November 2018 Appearances - Benalla Rural City Council represented by Mr Nick Vlahandreas of Mountain Planning - Perna Pty Ltd represented by Livio Sellante and Brett Mugridge of Spiire Citation Benalla Planning Scheme PSA C33 [2018] PPV Date of this Report 27 December 2018
Benalla Planning Scheme Amendment C33 Panel Report 27 December 2018
Executive summary
(i) Summary Benalla is located in the north east region of Victoria, 167 kilometres from Melbourne and along the Broken River. With a population close to 10,000 residents, it is the administrative centre of the Rural City of Benalla. Forecast for low to moderate population growth to 2031, Benalla is the designated growth town for the municipality. Its growth role is affirmed in the Hume Regional Growth Plan and the North West Benalla Outline Development Plan (NWB ODP). Benalla Planning Scheme Amendment C33 (the Amendment) seeks to rezone land at 48 Four Mile Road, Benalla from Farming Zone to General Residential Zone 1 to facilitate the next stages of township growth as identified in the NWB ODP. Exhibition of the Amendment attracted seven submissions, of which six offered no objection. The Department of Environment, Land, Water and Planning submission initially raised issues with the extent of flora and fauna assessment undertaken. This submission was subsequently resolved. The unresolved submission from Ms Noonan related to drainage, traffic, vegetation and habitat loss associated with the future residential development of the subject land. The Panel has considered all submissions and examined each of the proposed Amendment changes against the provisions of the Benalla Planning Scheme including the Planning Policy Framework and Local Planning Policy Framework and other materials provided to it during the Hearing. The Panel considers that the issues raised in Ms Noonan’s submission are important considerations in the next phase of site planning. There are adequate provisions in the Benalla Planning Scheme to address the issues of native vegetation, drainage and traffic through the planning permit process particularly given the provisions of Clauses 21.02 and 21.08 and aspirations and guidance in the NWB ODP. The Panel does not consider that these issues should prevent the rezoning of the subject land which enjoys strong policy support for its role in accommodating the future growth of Benalla. While there are a suite of residential zoning tools and overlays available to Council to guide the planning of growth areas, the Panel accepts Council’s position to apply the General Residential Zone given the residential outcomes it is seeking for Benalla. The Panel supports and encourages any future work that Council might undertake to use tools such as the Development Contribution Plan Overlay and Development Plan Overlay to provide an effective level of site planning to address vegetation management, drainage and flooding, traffic movement and interfaces. It is not premature for the Amendment to progress without these at this stage. However, in their absence, the Panel strongly supports the use of a section 173 Agreement based on the development concept included in Appendix B and the NWB ODP Growth Plan as proposed by Council, to provide guidance and direction around the level of planning required to manage native vegetation, drainage and flooding and the movement network considerations and expectations in the planning permit phase.
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The Panel is aware that Council has been involved in discussions with the Victorian Planning Authority (VPA) to facilitate the future planning of the North West Benalla growth area. This represents a significant opportunity to coordinate the strategic precinct level and infrastructure planning for the entire growth area through a more sophisticated application of the available planning tools. The VPA should be engaged in the next phase of site development to ensure that it does not prejudice a coordinated strategic approach to the growth area. During the Hearing, Council clarified the subject land’s title boundaries and provided a revised zoning map (Appendix A) which reduced the total area to be rezoned to align with the correct title boundaries. The Panel supports the revised version of the zoning map. The Panel concludes: • There is a sound strategic basis for the Amendment, with strong policy support for Benalla’s future growth being accommodated through the rezoning of the subject land. • The issues of native vegetation, drainage and flooding and traffic can be managed during the planning permit process. • The use of a section 173 Agreement in the absence of other overlays to guide planning and infrastructure provision is appropriate to manage expectations around planning for native vegetation, flooding and drainage and the transport network. • The exhibited zoning map should be replaced by the zoning map included in Appendix A of the Panel’s report.
(ii) Recommendations Based on the reasons set out in this Report, the Panel recommends that Benalla Planning Scheme Amendment C33 be adopted as exhibited subject to the following: Replace the exhibited zoning map with the zoning map included in Appendix A of the Panel’s report.
(iii) Further recommendations The Panel makes the following further recommendations: Council should consider the preparation of a Section 173 Agreement to accompany the Amendment to provide direction around site planning for vegetation, drainage and flooding and transport network connections, and to ensure consistency with the North West Benalla Outline Development Plan. Council should consider the application of a broader suite of overlays to guide the application of more detailed strategic precinct planning and development contributions of the North West Benalla growth area before proceeding with further Amendments of this type. Council should engage with the Victorian Planning Authority before the planning permit phase of the development.
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1 Introduction
1.1 The Amendment
(i) Amendment description The Amendment proposes to rezone the subject land from Farming Zone (F1Z) to the General Residential 1 Zone (GRZ1) to facilitate a residential development consistent with the North West Benalla Outline Development Plan (NWB ODP).
(ii) The subject land The Amendment applies to a 33.47 hectare site at 48 Four Mile Road, Benalla (Lot 1 TP555039). The subject land abuts Four Mile Road (gravel road for the majority of the sites frontage) and Goomalibee Road (sealed). The site is shown in context in Figure 1. Figure 1 Subject land in context
The subject land is flat and adjoins a main drainage channel to the west and a culvert along Four Mile Road. It drains to the west and north ultimately to the Broken River through an open swale on the site. The north-eastern portion of the site is located in the Land Subject to Inundation Overlay (LSIO). The site contains scattered remnant native vegetation (predominantly Red-gum and Box species with limited understorey) as shown in Figure 2. The site includes a concentrated patch of vegetation around the sites low point in the northwest corner of the site (Figure 3). The remainder of the site comprises introduced grasses in the main which reflect the sites historical grazing use. The site does contain pockets of native grasses and wetland native species in the north-western corner. Similar vegetation characteristics exist on adjoining land and on the adjoining road reserves (refer Figure 4).
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Figure 2 Site from south-eastern corner and north-eastern corner
Figure 3 Vegetation in north-western low point of the site
Adjoining land to the south and west is in the Farming Zone, reflecting its use for grazing. Land to the north is zoned Low Density Residential (LDRZ) and is currently vacant and used for grazing purposes. Land to the east is zoned GRZ1 and is currently being developed for residential purposes at its eastern edge. The zoning context is shown in Figure 5.
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Figure 4 Four Mile road (looking west) and Goomalibee Road (looking west)
Figure 5 Zoning context
(iii) Subject land clarification During the Hearing, Council identified that the exhibited zoning map (Figure 6) did not align with the site’s title boundaries (Figure 7). Council identified that this was due to an error in the State-based cadastre on which the VicPlan Amendment maps are based. This error is currently being rectified and a revised zoning map has been prepared to reflect the actual title
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details and is contained in Appendix A and included by way of comparison in Figure 6. The mapping issue is discussed further in Chapter 6.
Figure 6 Exhibited and rectified Zoning Map
Exhibited zone map Rectified zone map Figure 7 Subject land title details
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1.2 Background to the proposal The Proponent for the Amendment is Perna Pty Ltd. The Amendment application was first received by Council in July 2014 and was supported by the following reports and documents: • Proposed rezoning, 48 Four Mile Road, Benalla: Flora and fauna Assessment, 21 July 2014, prepared by Biosis (flora and fauna assessment) • 48 Four Mile Road Rezoning for Residential development Benalla Traffic Impact Assessment, 21 May 2014, prepared by Trafficworks (traffic assessment) • 48-88 Four Mile Road, Benalla Drainage Report – Residential Subdivision 8 August 2017, prepared by Spiire (drainage assessment) • Draft Concept, drawing CO2, 48 Four Mile Road, 3 October 2014, prepared by Urban Initiatives (development concept). A copy of the development concept is included in Appendix B. The development concept identifies: • a yield of 169 lots • lots ranging between 600sqm to 800sqm in the southern portion of the site • larger transition lots to the northern half of the site aligning with LSIO, LDRZ land to the north and proposed 8.5ha drainage reserve and open space. The Amendment provides no reference to the development concept and does not propose to include it in local policy or as a basis for an overlay. Council proposed to reference the development concept and the NWB ODP growth plan map through a s173 agreement. This is discussed in Chapter 6. Authorisation was sought in September 2014 and granted on 6 November 2014 subject to conditions regarding amendment documentation revision which was undertaken prior to exhibition. The Amendment was exhibited between 29 January and 3 March 2015.
1.3 Summary of issues raised in submissions and approach of the Panel Exhibition of the Amendment attracted seven submissions. Seven submissions offered no objection to the Amendment. The submission from the Department of Environment, Land, Water and Planning (DELWP) (Submission 6) initially raised issue with the extent of flora and fauna assessment undertaken. This submission was subsequently resolved. The unresolved submission from Ms Noonan (Submission 7) related to the impacts of future development of the site on: • vegetation and habitat loss • traffic • drainage. Ms Noonan did not originally request to be heard, however, following discussions with Council before the Hearing, she indicated a desire to make a submission to the Panel. With Council’s agreement, the Panel provided Ms Noonan with an opportunity to submit a further written submission by 20 December 2018. Her further submission is included in Appendix C. The Proponent was provided with the same opportunity but elected not to.
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The Panel considered all written submissions made in response to the exhibition of the Amendment, observations from site visits, and submissions, evidence and other material presented to it during the Hearing as well as the further submission from Ms Noonan. All submissions and materials have been considered by the Panel in reaching its conclusions, regardless of whether they are specifically mentioned in the Report. This Report deals with the issues under the following headings: • Planning context • Native vegetation and habitat impacts • Traffic impacts • Drainage impacts • Amendment approach.
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2 Planning context
Council provided a response to the Strategic Assessment Guidelines as part of the Explanatory Report. The Panel has reviewed Council’s response and the policy context of the Amendment, and has made a brief appraisal of the relevant zone and other relevant planning strategies.
2.1 Planning Policy Framework
(i) Planning Policy Framework The Panel considers that the Amendment is supported by: • Clause 11.01-1R (Settlement – Hume) through the facilitation of growth and development in the regional cities of Shepparton, Wangaratta, Wodonga and Benalla consistent with the Hume Regional Growth Plan. • Clause 11.02-1S (Supply of urban land) through the: - provision of a sufficient supply of land for residential use and to support sustainable urban development and to meet forecast demand and projected population growth over at least a 15-year period - identification of a clear direction on locations where growth should occur as identified in the Benalla Structure plan and NWB ODP - considering landscape, land capability, natural hazards and environmental quality, service capability and cost of providing infrastructure through the efficient and site responsive use of land - in rezoning land for residential purposes providing for an orderly approach to development - sequencing of development. The subject land is located on the western edge of land zoned General Residential and the rezoning of the subject land to facilitate future residential development is a logical progression of urban development for Benalla - release of new land growth areas in a timely fashion to facilitate coordinated and cost-efficient provision of local and regional infrastructure. • Clause 11.03-2S (Growth areas) through the: - location of urban growth close to transport corridors and services - protection of primary production and valued environmental areas - encouragement of housing densities at a minimum of 15 dwellings per net developable hectare - provision of a diversity of housing type and distribution - protection and management of areas of environmental significance. • Clause 12.01-1S (Biodiversity) by protecting the sites native vegetation, habitat and biodiversity values. • Clause 12.01-2S (Native vegetation management) by ensuring no net loss of biodiversity as a result of the removal, destruction or lopping of native vegetation. • Clause 13.03-1S (Floodplain management) directing growth outside land inundated by the 1 in 100 year flood event and considering the views of the floodplain manager.
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• Clause 19.03-3S (Integrated water management) by providing for an integrated water management approach.
(ii) Local Planning Policy Framework The Panel considers that the Amendment is supported by: • Clause 21.02 (Settlement, Housing and Character) through: - focussing residential growth within the established settlement boundary of Benalla - the provision of residential land that is able to be fully serviced and is not in a designated urban floodway area - a design concept which provides for the protection of remnant native vegetation, open space areas and pedestrian linkages - the provision of lot sizes that reflect the traditional residential demand in Benalla, with sufficient variability to respond to the strategic objectives for housing choice and housing diversity. • Clause 21.03 (Environment, Landscape and Heritage values) by identifying and protecting native vegetation by incorporating it into open space and drainage reserves. • Clause 21.8-1 (Benalla) by: - directing growth to Benalla in recognition of its role as the municipality’s major urban centre - the provision of residential land in accordance with the Benalla Structure Plan (which directs growth to the subject land as shown in Figure 8) - ensuring future development is consistent with the North West Outline Development Plan, 2005 and the Benalla Urban Growth Project, 2012 which has resolved local drainage issues within much of the Benalla West ODP area - promoting residential development that is consistent with the Benalla Neighbourhood Character Study, 2002 and providing for a diversity of choice - ensuring new development can be protected from the effects of flooding and located outside the designated urban floodway areas. Council submitted that the municipality contains approximately 15,000 people, with a current annual growth rate of 0.6 per cent and that: Due to changes in in the demographic profile, particularly household size, there is a need to provide greater housing choice and housing diversity within the Benalla urban growth boundary. Future residential growth should continue to reflect the garden character of the City. Where practical, retention of remnant native vegetation within new urban areas is desirable to reflect the open landscape and the important habitat and scenic linkages provided by native vegetation. The concept design for the proposed subdivision responds to these planning objectives. The Panel agrees that there is a strong policy setting that identifies the role of the subject land in accommodating Benalla’s future growth.
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Figure 8 Benalla Structure Plan
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2.2 Planning scheme provisions
(i) Zones The Amendment proposes to apply GRZ1 to the subject land. The purpose of the zone is: To implement the Municipal Planning Strategy and the Planning Policy Framework. To encourage development that respects the neighbourhood character of the area. To encourage a diversity of housing types and housing growth particularly 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. The choice of residential zone to be applied to the site and the broader NWB ODP growth area is discussed further at Chapter 6.
(ii) Overlays The subject land is located in the LSIO. The purpose of the LSIO is: To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority. To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria). To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health. The LSIO requires a planning permit for subdivision and referral to the relevant floodplain management authority under section 55 of the Act. The Goulburn Broken Catchment Management Authority have offered no objection to the Amendment but noted that part of the site is subject to shallow flooding. This is discussed further in Chapter 6.
2.3 Ministerial Directions and Practice Notes Ministerial Directions Council submitted that the Amendment meets the relevant requirements of Ministerial Direction 11 (Strategic Assessment of Amendments). The Panel considers that Council in preparing the Amendment has properly considered the strategic basis for the Amendment and sought to manage the environmental, social and economic effects of the proposal by
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facilitating growth in an identified growth area, providing housing choice and diversity through a mix of lot sizes and managing the impacts on native vegetation, traffic, drainage and flooding. The subject land is not affected by a Bushfire Management Overlay and no objection was received by the Country Fire Authority.
2.4 North West Benalla Outline Development Plan The North West Benalla Outline Development Plan Final Report, June 2005 (NWB ODP) was prepared by David Lock Associates and Urban and Regional Planning to guide the future growth area planning for the North West Benalla Growth Area shown in Figure 9. The subject land is located in the centre of the western growth area. The NWB ODP was introduced into the Benalla Planning Scheme as a reference document through Amendment C29 (gazetted on 21 April 2016). The NWB ODP is a reference document at Clause 21.02 and notated on the Benalla Structure Plan Map in Clause 21.08-1.
Figure 9 North West Benalla ODP area
The NWB ODP provides a comprehensive basis for the growth area analysis and the core urban design principles underpinning preferred option B (identified in figure 10) including: • housing densities – providing lots between 800 to 2000 square metres • movement networks – providing a linear, integrated distributed network of roads and path network
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• open space and landscaping – providing linear ‘greenways’ park and open space network that responds to vegetation, landscape and drainage • local centre/retail facilities – local services on Faithful Street at Goomalibee and Four Mile Road intersections (not in subject site) • staging – at 10 and 20 year development scenarios. Subject land is identified in stage 4 of the 10 year scenario (following development of land to the east) and early stages of the 20 year scenario (based on current annual 30 lot/year take up rate). Figure 10 North West Benalla ODP
The NWB ODP Implementation directions recommend the application of the then Residential 1 zone (current equivalent zone is the GRZ1) and the development of a Development Contribution Plan (DCP) supported by the use of an Incorporated Plan Overlay (IPO) or Development Plan Overlay (DPO) and a Development Contributions Overlay (DCO). Council has not proposed to use these supporting tools. This approach is discussed further in Chapter 6.
2.5 Conclusion The Panel concludes that the Amendment is supported by, and implements, the relevant sections of the Planning Policy Framework, and is consistent with the relevant Ministerial Directions and Practice Notes. The Amendment is well founded and strategically justified, and the Amendment should proceed subject to addressing the more specific issues discussed in Chapter 6.
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3 Native vegetation and habitat impacts
3.1 The issue Does the Amendment appropriately respond to the native vegetation and habitat values of the site?
3.2 Submissions Ms Noonan submitted that the subject land is only suitable for agriculture and not suited for housing development based on the potential for drainage, traffic and habitat loss. Regarding the latter, Ms Noonan identified concerns associated with the loss of large mature Red gums and swampy areas on the site which provide habit to “static and migratory species”. She indicated that such areas should be “guarded” from development. Council submitted that the habitat or native vegetation impacts would not be so great as to prevent residential development occurring. It indicated that while the land was suitable for residential development, the detailed design would need to consider the flora and fauna assessment prepared by Biosis. Council’s submission identified that the assessment indicated that the study area was likely to contain supporting habitat for: • Squirrel Glider • Eastern Great Egret • Hooded Robin • Speckled Warbler • Diamond Firetail • Brown Toadlet. Council summarised the flora and fauna assessment recommendations as: • retain linkages in roadside vegetation, particularly along Four Mile Road • retaining scattered trees in public open space as far as possible • including the native vegetation in zones 7A and 7B (as identified in Figure 11) which provide for good biodiversity values, within public open space or a large private allotment • using building envelopes to retain vegetation and habitat • offsetting the treeless grassy wetland as it will be impacted by modified hydrology • all areas of vegetation/habitat nominated on the development concept as ‘retained’ are to be treated as no go zones and are not to be encroached upon as the development progresses. Council identified that DELWP had reviewed the flora and fauna assessment and indicated that they did not object to the Amendment and that native vegetation and habitat impacts could be dealt with at the planning permit stage. Council submitted that any off-site native vegetation impacts were limited to the minimal removal of native shrubs along the south side of Goomalibee Road west of the proposed entrance to the site and that these impacts would be offset by the landowner.
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Figure 11 Flora and fauna assessment - ecological features map
3.3 Discussion The Panel inspected the subject land and noted the scattered nature of trees on the site and the clustering of trees towards the low point of the site in the north west corner. The Panel noted that the vegetation characteristics of the site were similar to adjoining land to the north, west and south.
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The Panel has relied on the flora and fauna assessment to understand the significance of vegetation on the site and its habit values. The assessment identified that: The majority study area supports predominantly introduced vegetation and is of low habitat value for native flora and fauna species. Patches of remnant native woodland and native wetlands are present within the study area, although these have been modified through clearing and grazing of the land. The patches of native vegetation connect with habitat corridors on roadsides to the north and south of the study area. The assessment identified that there were no significant ecological communities present in the study area. DELWP offered no objection to the Amendment. Informed by the assessment, the Panel considers that the vegetation on the site is not considered to be an isolated or particularly significant or representative remnant patch of vegetation that would warrant retention of the existing Farming Zone or abandonment of the site as a growth area. This is not to say that the habitat values associated with the trees on the site are not important. The Panel supports the position of Council that the next phase of planning of the site, the planning permit stage, will enable an appropriate response to the sites native vegetation and habitat values, consistent with the flora and fauna assessment. Adequate tools exist in the Benalla Planning Scheme to do this including: • planning policy (Clauses 13.03 and 21.03) • provisions of Clause 52.17 (Native Vegetation) which requires approval for native vegetation, application of the three-step approach (avoid, minimise and offset) • decision guidelines of Clause 65 which include consideration of vegetation retention in subdivision applications and siting of vegetation in open space areas. The Panel considers however, that a section 173 Agreement should accompany the Amendment’s approval as proposed by Council, to provide greater direction around management of vegetation on site and in the adjoining road reserve.
3.4 Conclusions The Panel concludes: • The site is of low habitat value for native flora and fauna. • Native vegetation on the site and roadside can be retained and appropriately managed through the planning permit process consistent with the development concept, NWB ODP and the Benalla Planning Scheme. • The recommendations of the flora and fauna assessment form an appropriate basis for assessing a future planning permit application. • The Amendment appropriately responds to the native vegetation and habitat values of the site.
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4 Traffic impacts
4.1 The issue Does the Amendment appropriately respond to potential traffic impacts?
4.2 Submissions Ms Noonan identified existing issues associated with dust issues associated with extra traffic on Four Mile Road and the location of access points to Goomalibee Road given current traffic speeds and volumes and sightline challenges with existing vegetation. She suggested the construction of a service road off Goomalibee Road and other drainage works along Four Mile Road. Ms Noonan also identified concerns associated with the cost of traffic management works being passed onto the community through rate increases. Council relied on the traffic assessment submitted with the Amendment proposal and its own engineers’ assessment of it and concluded that there were no traffic reasons why the rezoning should not proceed. Council submitted that the traffic assessment reviewed sight distances, the impacts on the existing road network and proposed internal road network and identified that: • Sight lines are acceptable. • The central collector road proposed is suitable for future bus services. • A basic Type BAR right turn and basic Type BAL left turn are required at the junctions with Goomalibee Road and Four Mile Road. The widening treatments along Goomalibee Road should be sealed. • Shrubs along the south side of Goomalibee Road west should be removed. • Flag lighting is required at each of the external intersection treatments. • The internal path network should be designed to facilitate use by pedestrians and cyclists. An off road shared path should be constricted along Four Mile Road to Faithful Street. • The internal collector road reserve width needs to be designed to accommodate the proposed drainage swale.
4.3 Discussion The Panel has relied on the advice of Council’ engineers and the traffic assessment in its consideration of traffic issues associated with the future development of the site (based on the development concept). The Panel agrees that the road network (with improvements including widening, road sealing and appropriate intersection treatments) can accommodate the additional traffic volume likely to be associated with the sites residential development. The assessment notes that a minimal amount of vegetation would need to be removed from the road side to improve sight clearances. Given the likely road improvements and low speed environment (60km/h), more substantial road side vegetation removal is considered unnecessary although this consideration would be more closely examined at the design and planning permit stage. While the development concept shows only one east-west connection to the existing residential area to the east, the
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NWB ODP anticipates additional connections which will enhance permeability and reduce volumes on Four Mile Road and Goomalibee Road. The traffic assessment identifies the provision of a pedestrian-cycle (shared path) along Four Mile Road to Faithfull Street. To minimise road side vegetation impacts this should be designed to be included within the site as far as possible or to use other internal street linkages. This is a matter of detailed design and can be managed through the planning permit phase. The Panel notes in Chapter 6 the upcoming role of the VPA in the planning of the north west growth area and considers that the overall transport network (including pedestrian and cycle routes) will be a key consideration in that planning. It will be appropriate to align the planning of this site with the work of the VPA. The Panel considers that in the absence of a DPO, a section 173 Agreement as proposed by Council would provide greater direction around the transport network and any infrastructure contributions associated with on and off-site works.
4.4 Conclusions The Panel concludes: • That the Amendment appropriately responds to potential traffic impacts • That the traffic generation associated with the Amendment and the site’s development for residential purposes can be readily accommodated within the local road network with appropriate network upgrades • That the traffic impacts of the Amendment and the site’s development for residential purposes can be appropriately managed through the planning permit process and in response to the Benalla Planning Scheme, including the Local Planning Policy Framework.
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5 Drainage impacts
5.1 The issue Does the Amendment appropriately respond to potential drainage and flooding impacts?
5.2 Submissions Ms Noonan submitted that the western main drain is at times of peak capacity during higher rainfall events and “unable to cope now, and any increase in runoff would be unsustainable”. She indicated that in periods of high flow in the Broken River the existing main drain backs up and floods extensive areas of land (including the subject land). She added that nearby residential estates were contributing further drainage flows to the main drain and that further development should not occur until an extensive drainage scheme is established. The secondary submission from Ms Noonan further focused on drainage and flooding issues and was accompanied by a series of photos of a rainfall event in December 2018. The submission notes that there is a flooding event “every 15 to 20 years or so, with a major flood event every 37 years or so” and that past flood events have left Four Mile Road and a substantial part of the subject land under water. Ms Noonan raised concern that Council’s reliance on the drainage assessment was flawed since: • [the] drainage is calculated on a presumption of 3.1 m3/s; • [the] southern railway line and Baddaginnie Road will constrain overflow, presumably from the south of the subject site; • [it] notes that existing properties such as the Baddaginnie-Benalla Road crossing would be inundated; • the design of flow assumptions need to be confirmed and agreed by Benalla Rural City Council; • the presumptions in relation to drain capacity are simplistic; • detailed assessment needs to be made; • a flow assessment needs to consider the performance that the main drain has provided to date; • the capacity of the drain needs to be modelled on actual and accurate data and proportionate to events that have occurred in the past. Ms Noonan questioned why the proposed levee (shown on the development concept) is necessary if the drain has sufficient capacity for the foreseeable future and was concerned that the actual capacity of the main drainage channel is not known. She further submitted that: …the present drain was designed to deal with runoff from the western side of Benalla and was designed to accommodate all that runoff from approximately where the golf club is, the old Hume Highway, through the railway culvert, through and over Four Mile Road, through and over Goomalibee Road, taking it through Nursery Lane and on in to the Broken. After the 1956 flood it was
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deemed that the drain be designed and built in 1957. At the time there was virtually no housing in the relevant catchment feeding the channel. Ms Noonan was concerned that the channel while serving the same catchment was also needing to accommodate new housing estates, swale drains on the railway and along Four Mile Road, overflows from Stapleton Court and into Dinning's paddock and that additional housing in the catchment area would encourage more runoff to the channel which she considers will not adequately function during a Broken River flood, causing localised flooding. She also considers that the proposed levee during a channel overflow event will force water to the southeast and on to her land and Goomalibee Road. In short it will “simply have the effect of moving the water from the subject site to other land and having the obvious effect of creating further and different problems”. Council’s submission relied on the drainage traffic assessment submitted with the Amendment proposal and its own engineers’ assessment of it and concluded that stormwater can be suitably treated and discharged from the site. Council submitted that the drainage assessment examined site and surrounding catchments and existing drainage infrastructure (including the main drainage channel to the west of the subject land and Four Mile Road culverts) concluding: • …detailed design and earthworks could easily be conducted to ensure flows are conveyed to the North West Basin. • The road side swales to the south of Goomalibee Road require regrading and this would redirect flows to the North West main drainage swale. • A wetland is required in the north west corner of the site. The approximate area of the basin is 3,102m2. • A linear basin and wetland to the western side of the subject land is required. • The assessment did not raise any concern that adjoining infrastructure does not have the capacity to facilitate the proposed development. In relation to flooding, Council submitted that the municipality is covered extensively by flood overlays and that available flood data was accurate based on more recent flood events in 1993. Council identified that the LSIO (which applies to the north east corner of the subject land), rather than prohibiting development, requires development to be designed to not be impacted by floodwaters and allow flood waters to flow freely. This generally means that the floor height of buildings is raised 300mm above the 100 year Average Recurrence Interval (1 per cent Annual Exceedance Probability). Council identified that the development concept included large allotments in the north east corner with building envelopes located outside of the area subject to inundation. Council referred to the submission from Goulburn - Broken Catchment Management Authority (GBCMA) (Submission 1) who advised that the declared 100year ARI flood level was 169m AHD and subject to shallow flooding. Council submitted that the site levels shown on the development concept identified that most of the subject land is below 169m AHD. Council concluded that based on the advice of GBCMA and the measures identified in the development concept, including a proposed levee along the western boundary, there would be minimal impacts of flooding to the subject land and
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that the site’s residential development would have minimal impact on the floodplain or on the safety of human life. In response to Ms Noonan’s secondary submission, Council indicated that it did not dispute any of the information contained in it but considered the drainage issues raised were not “insurmountable”; that the work undertaken in the drainage assessment demonstrated that a solution to the existing drainage issues can be implemented as a result of any proposed development. Council concluded that it was therefore “not necessary to go beyond the work undertaken by SPIIRE at the amendment stage as the future development potential of the subject land has not yet been determined”. Council further submitted that the planning permit process will require stormwater management to be addressed through a more detailed analysis of the catchment, including pre and post development flow rates and storm events up to and including the 20% AEP standard. It also indicated that as an adjoining land owner, Ms Noonan would be notified of any planning permit application which would be the appropriate stage for her to raise issues regarding the detailed design of drainage infrastructure “as the complete development potential of the land will be put forward and the detail submitted in the application may address Ms Noonan’s concerns”.
5.3 Discussion The Panel has relied on the advice of Council’ engineers and the drainage assessment in its consideration of drainage issues and the submission of GBCMA in relation to flooding impacts. The Panel considers that the drainage assessment is a high-level analysis, and while identifying the way in which internal stormwater flows can be managed, qualifies its support and advice by indicating the need for more detailed analysis of the Four Mile Road culverts, Goomalibee Road catchments, and further modelling of the main drainage channel capacity. The Panel considers that stormwater generated by the site’s residential development can be managed as outlined in the drainage assessment and as identified in the development concept. A more detailed drainage plan will be required as part of the planning permit process. In relation to potential flooding, only a small portion of the subject land is in the LSIO and this area is identified in the development concept for larger lots (approximately 2500 square metres) with building envelopes located outside the mapped LSIO area. The Panel notes Council’s observations that the flood level set by GBCMA are higher than site levels nominated on the development plan. It is unclear whether these are finished levels however, the works associated with road construction drainage, drainage swale construction and flood protection barrier are likely to work together to manage the impacts of flooding. Further flooding reports are likely to be required as part of the planning permit process and a referral to GBCMA likely. The Panel supports the position of Council that the next phase of planning of the site at the planning permit stage will enable an appropriate response to the site’s drainage and flooding impacts to be considered. Adequate tools exist in the Benalla Planning Scheme to do this including: • provisions of Clause 13.03-1S (Floodplain management)
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• provisions of Clause 53.18 (Stormwater Management in Urban Development) • provisions of Clause 56.01 (Subdivision Site and Context Description and Design response) • provisions of Clause 56.07 (Integrated Water Management) • decision guidelines of Clause 65 which include consideration of flooding. The Panel considers however, that the proposed section 173 Agreement would provide greater direction around management of drainage and flooding impacts on and off-site and the further role of GBCMA.
5.4 Conclusions The Panel concludes: • The Amendment appropriately responds to potential drainage and flooding impacts of the proposed rezoning such that they do not warrant the exclusion of this site from the designated north west growth area. • Drainage and flooding impacts of the site’s future development for residential purposes can be appropriately managed through the planning permit process in response to the Benalla Planning Scheme and Local Planning Policy Framework.
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6 Amendment approach
6.1 Zoning Map
(i) Discussion and conclusions As identified in Chapter 2.1, Council identified that the exhibited zoning Map did not align with the site’s title boundaries and a revised zoning Map has been prepared to reflect the actual title details and is contained in Appendix A. The Panel considers that the mapping error is an administrative matter, and that it was always intended to limit the rezoning to the subject land. The mapping change reduces the area rezoned and removes the proposed zone from a portion of the adjoining land containing the main drain. The Panel supports substituting the exhibited zone Map with the revised version of the zoning Map without the need for further notification. The Panel notes however, that the original zoning proposal aligns with the NWB ODP. The Panel assumes that the ODP relied on incorrect title details, as the accepted strategic planning practice would be to use an existing title boundary as an edge to a growth area.
(ii) Recommendation The Panel recommends: Replace the exhibited zoning Map with the zoning Map included in Appendix A of the Panel’s report.
6.2 Zoning and section 173 Agreement
(i) Submissions The Panel asked Council to identify as part of its submission, whether the GRZ1 was the most appropriate residential zone to apply to Benalla’s growth areas particularly in the absence of any overlays to manage vegetation, development contributions or guide area planning through development plans. Council identified that GRZ1 was the most appropriate zone to apply to the subject land as: • it reflected the Clause 21.02-5 implementation of the objectives and strategies by applying the “General Residential Zone (R1Z) on all existing and proposed residential land in Benalla” and that the GRZ1 was the direct translation equivalent of the R1Z • the zone applied to on all existing residential land in Benalla • it was consistent with the recommendations of the NWB ODP • it provided for “normal residential density” consistent with the character objectives of the Local Planning Policy Framework • the subject land is located within an area that abuts traditional residential development and agricultural land and it is more appropriate that future development consists of traditional housing types and no higher density development. The Residential Growth Zone supports building heights up to 13.5 metres and that this was considered out of character with the area
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• there were no unique character elements that would necessitate an outcome different to the General Residential Zone and that a Neighbourhood Residential Zone was not deemed appropriate. Council indicated that that a General Residential Zone 1 alone was: inadequate to manage these issues and ideally a control such as a Development Plan Overlay (DPO) or an Incorporated Plan Overlay (IPO) should have been prepared and exhibited as part of this amendment. However, this was not done, and at this point Council consider it is inappropriate to include one as both of these overlays remove third party appeal rights. In regard to a Development Contributions Plan Overlay (DCPO), Council has not undertaken the necessary detailed work required to introduce a DCPO at this point. Council proposed that a section 173 Agreement could adequately cover the matters that would generally be included in a DPO and specify development contributions required before approval of various stages or subdivisions: Despite the existing provisions of the planning scheme we also submit that a Section 173 agreement be entered into with the landowner following the gazettal of the Amendment. We have discussed this with the proponent who has consented to the entering into an agreement. A Section 173 agreement can adequately cover the matters that would generally be included in a DPO and specify development contributions required prior to approval of various stages of the subdivisions. The scope of the Section 173 will include: Management of native vegetation on site Management of road side native vegetation Management of drainage Internal road network and main intersection treatments Interface treatments with development to the east Details of infrastructure to be provide for or paid by the developer Public open space requirements. Council proposed that the development concept and the growth plan included in the ODP should be used as a basis for the section 173 agreement. Council has recently entered into an agreement with the VPA that will see the VPA undertaking the planning for the North West Benalla Growth Area. Council indicated that drainage has been identified as a significant issue with the VPA proposing to commission a further drainage study, with future rezoning is a minimum of 2 years away once the project is formally scoped and agreed. Council identified that it was unclear as to whether a Precinct Structure Plan or a Development Plan will be the output of the planning process.
(ii) Discussion and conclusions While there are a suite of residential zoning tools and overlays available to Council to guide the planning of growth areas such as this, the Panel accepts Council’s position to apply the GRZ1 given the residential outcomes it is seeking for Benalla. While the Panel supports and
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encourages any future work that Council might undertake to utilise tools such as the Development Contribution Plan Overlay and Development Plan Overlay to provide an effective level of site planning to address vegetation management, drainage and flooding, traffic movement and interfaces, not having them does not mean the Amendment is premature. However, in their absence, the Panel strongly supports the use of a s173 Agreement based on the development concept included in Appendix B as proposed by Council, to provide guidance and direction around the level of planning required to manage native vegetation, drainage and flooding and the movement network considerations and expectations in the planning permit phase. The Panel is aware that Council has been involved in discussions with the Victorian Planning Authority to facilitate the future planning of the North West Benalla growth area. This represents a significant opportunity to coordinate the strategic precinct level and infrastructure planning for the entire growth area through a more sophisticated application of the available planning tools. The Panel concludes: • There is a sound strategic basis for the Amendment, with strong policy support for Benalla’s future growth being accommodated through the rezoning of this site. • The issues of native vegetation, drainage and flooding and traffic can be managed at the next phase of development planning. • The use of a section 173 Agreement in the absence of other overlays to guide planning and infrastructure provision is supported to manage expectations around the planning for native vegetation, flooding and drainage and the transport network. • The next phase of planning for the site should as far as practical be integrated with any planning undertaken by the VPA. The VPA should be engaged before the planning permit phase if this precedes the VPA’s growth area planning work, to provide input and guidance.
(iii) Recommendations The Panel makes the following further recommendations: Council should consider the preparation of a Section 173 Agreement to accompany the Amendment to provide direction around site planning for vegetation, drainage and flooding and transport network connections, and to ensure consistency with the North West Benalla Outline Development Plan. Council should consider the application of a broader suite of overlays to guide the application of more detailed strategic precinct planning and development contributions of the North West Benalla growth area before proceeding with further Amendments of this type. Council should engage with the Victorian Planning Authority before the planning permit phase of the development.
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6.3 North West Benalla Outline Development Plan
(i) Background Council identified that the NWB ODP is a reference document at Clause 21.06-2 and was identified in Clause 21.08-1 as a strategy consideration and included as a notation on the Benalla Structure Plan Map (“promote residential development consistent with the Benalla North West ODP”) but was not a reference document in this clause. Council proposed that the NWB ODP be included as a reference document at Clause 21.08 for ease of reference.
(ii) Discussion and conclusion The Panel supports the general principle of identifying the MWB ODP as a reference document at Clause 21.08, however it notes that Clauses 21.06 and 21.08 include different title descriptions for the documents: • North West Benalla Outline Development Plan 2005 (Clause 21.06) • North West Outline Development Plan, 2005 (Clause 21.08-1) • Benalla North West ODP (Clause 21.08-1 Benalla Structure Plan map notation). The Panel considers it opportune to correct these references as part of this Amendment and supports that option if Council chooses to explore it as part of the adoption of the Amendment. The Panel notes however, that the future policy transition proposed by Amendment VC148 will enable all reference documents (as background documents) to be corrected and aligned with the Planning Policy Framework.
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Appendix A Revised Zoning Map
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Appendix B Development Concept Plan
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Appendix C Further submission from R Noonan
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