Planning and Environment Act 1987

BASS COAST PLANNING SCHEME

AMENDMENT C89

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Bass Coast Shire Council, which is the planning authority for this amendment.

The amendment has been made at the request of Jeff Bennett Planning and Development Services on behalf of Christobel and Anne Marie Puyol

Land affected by the amendment.

The amendment applies 4136 Bass Highway, Dalyston described as Lot 2 PS 70705 (formerly CA92A).

What the amendment does.

The amendment proposes to include the land in the Township Zone to enable it to be subdivided and used for low density residential purposes. The amendment request involves the following:

 Rezoning the land (LP 70705) from Farming Zone to Township Zone on Map 56 of the Bass Coast Planning Scheme;

 Applying a new Development Plan Overlay on the subject site and introducing a new Planning Scheme Map 56DPO;

 Amend the Bass Coast Municipal Strategic Statement, Clause 21.05-1 – Urban Settlement, to include the strategic policy reference in relation to Dalyston from the adopted Wonthaggi Dalyston Structure Plan.

A planning permit application No.080367, to subdivide the land will be assessed in conjunction with the proposed amendment.

Strategic assessment of the amendment

 Why is the amendment required?

An amendment is required to apply the appropriate zoning control over the subject site to facilitate the use and development of the land for low density residential purposes. The strategic intent of Amendment C89 is to facilitate

the development of the subject site for uses consistent with the Township Zone. The amendment is also necessary in order to make changes to the Municipal Strategic Statement, to insert a reference to the Dalyston Structure Plan in Clause 21.05-1 (Settlement) of the Bass Coast Planning Scheme.

The strategic basis of Amendment C89 is as follows: - . It seeks to ensure an adequate supply of land for residential use is available as required by the State Planning Policy Framework . It seeks to assist in accommodating population growth as required by the Municipal Strategic Statement; and . It rezones land which is within the identified town boundary of Dalyston as noted in the Wonthaggi Dalyston Structure Plan.

 How does the amendment implement the objectives of planning in Victoria?

The objectives of planning in Victoria are: a) to provide for the fair, orderly, economic and sustainable use and development of land. b) to provide for the protection of natural and man made resources and the maintenance of ecological processes and genetic diversity. c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria. d) 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. e) to protect public utilities and other assets and enable the orderly provision and coordination of public utilities and other facilities for the benefit of the community. f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e). g) to balance the present and future interests of all Victorians. The amendment is consistent with the objectives of the Planning and Environment Act in that it will allow for the fair, orderly, economic, and sustainable development and use of the subject land.

The amendment will enable the orderly provision and coordination of public utilities and other facilities for the benefit of the community. It will provide for and assist in the orderly residential development of Dalyston in a manner consistent with the local and state coastal strategies and policies.

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

Environmental

There will be no adverse environmental impact generated by the rezoning of the subject site.

The proposed amendment will facilitate the development of the site and associated landscape works. The proposed urban, and landscape, design resolution for the subject site will incorporate a stormwater management system that could accommodate the excess stormwater from the urban runoff area in Dalyston north of the Bass Highway. This will enhance the environmental quality of the stormwater from Dalyston before it flows into the estuarine environment of the Powlett River.

The subject site is currently devoid of vegetation except for exotic pastoral grasses. The proposed development will provide substantial landscaping improvements and the planting of indigenous vegetation.

Economic

The proposed amendment would facilitate the subdivision of the subject site and any subsequent development of the land. Essential Economics Pty Ltd, working on behalf of the proponent, has estimated that the development of the site, including infrastructure works, would generate local economic activity of around $4 million.

They also estimate an additional $10 million in local expenditure to result from dwelling construction on the future lots. The housing construction industry is one of the largest employers in the region.

Other benefits may include expenditure on goods and services in the local area by future residents. This would have the affect of building the economic base for local businesses.

Social

The proposed amendment offers the opportunity for a number of community benefits and in particular the environment to support Council’s Healthy by Design principles.

The integrated arrangement of pedestrian linkages will encourage walking activities. The proximity, and connection, to the existing Dalyston Recreation Reserve will provide ready access to other organised community activities and recreational activities.

The additional population in Dalyston could assist in maintaining a critical population mass to support the existing commercial, and community infrastructure, including the Powlett River Primary school.

The proposed landscaping works and stormwater management system will assist in protecting the Powlett River estuarine environment. This will contribute to the protection and enhancement of the coastal environment. The protection of the environment reflects, and supports, a key concern of the Bass Coast community.

Other social benefits are linked to the potential positive economic impact of any future development of the subject site. The initial construction of infrastructure on the site will provide 5-10 EFT positions for approximately one year.

In addition, direct jobs will be created, through the housing construction phase. These jobs will contribute to the ongoing viability of the local construction industry.

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

The use and development facilitated by the proposed amendment is not affected by any of the Minister's Directions under section 12 of the Planning and Environment Act 1987.

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

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

The State Planning Policy Framework informs planning authorities of the State policy to be taken into account when making decisions. The following clauses should be considered when making an assessment of the proposed amendment:

Clause 14.01 –Planning for Urban Settlement

14.01-1 Objective To ensure a sufficient supply of land is available for residential, commercial, industrial, recreational, institutional, and other public uses and to facilitate the orderly development of urban areas.

14.01-2 General implementation Planning authorities are required to accommodate projected population growth whilst considering opportunities for redevelopment and intensification of existing urban areas. Existing urban areas should be consolidated while respecting the neighbourhood character. Higher density development should occur near public transport routes.

Clause 15.01- Protection of catchments, waterways, and groundwater

15.01-1 Objective To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

15.01-2 General implementation Catchment planning and management Planning authorities should encourage the achievement of the following criteria: ▫ The retention of natural drainage corridors with vegetated buffer zones at least 30m wide along waterways to maintain the natural drainage function, stream habitat and wildlife corridors and landscape values, to minimise erosion of stream banks and verges and to reduce polluted surface runoff from adjacent land uses. ▫ Measures to minimise the quantity and retard the flow of stormwater runoff from developed areas. ▫ Measures, including the preservation of floodplain or other land for wetlands and retention basins, to filter sediment and wastes from stormwater prior to its discharge into waterways. Water quality protection Planning and responsible authorities should ensure that land use activities potentially discharging contaminated runoff or wastes to waterways are sited and managed to minimise such discharges and to protect the quality of surface water and ground water resources, rivers, streams, wetlands, estuaries and marine environments.

Clause 15.09 – Conservation of native flora and fauna

15.09-1, Objective To assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals.

15.09-2, General Implementation ▫ Planning authorities should site new buildings and works in a manner that ensures minimal damage to native vegetation. ▫ Assist re-establishment of links between isolated habitat remnants.

Clause 15.10 - Open Space

15.10-1, Objective To assist creation of a diverse and integrated network of public open space commensurate with the needs of urban communities and rural areas. ▫ Planning and responsible authorities should ensure that land use and development adjoining regional open space networks, national parks and conservation reserves complements the open space in terms of visual and noise impacts, treatment of waste water to reduce turbidity or pollution and preservation of vegetation.

Clause 16 Housing

16.01-1 Objective Subdivisions are encouraged in locations that have access to physical and community infrastructure and a range of lot sizes are encouraged. This Clause also seeks to ensure that there is a sufficient amount of useable public open space.

Clause 17 Agriculture

17.05-1 Objective To ensure that the State’s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use and to enable protection of productive farmland which is of strategic significance in the local or regional context.

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

The Municipal Strategic Statement provides a vision for the future development of the Shire. It sets out the key strategies that provide clear directions for land use and development within the municipality for the next 15 years.

The Municipal Strategic Statement is consistent with State Policy and recognises key issues that influence land use and development in certain areas of the Shire. The Municipal Strategic Statement specifies that settlement patterns in the Shire indicate a need to accommodate approximately 4,400 additional dwellings by 2011. The following sections of the Local Planning Policy Framework should be considered when making and assessment of the proposed amendment.

Vision

Clause 21.04-1 – Settlement Clause 21.04-1 sets out the Council’s vision with respect to settlement. This includes fully serviced residential and low density residential development within defined town boundaries. Issues facing urban settlement and township character are explained under Clause 21.05-1 including the Council’s objectives with respect to settlement. This Clause also lists those strategies required to meet these objectives and the ways to support and implement these strategies. Issues of relevance to this amendment include the need for the Shire to set aside adequate residential land to accommodate the expected increase in population and to provide fully serviced urban areas.

Clause 21.04-3 - Housing

Clause 21.04-3 describes the Council’s vision with respect to housing, including increased housing densities in proximity to commercial centres, community facilities, and services. Strategic directions for residential development contained under Clause 21.05-3 include the subdivision of existing lots where local amenity and the environment are not adversely affected.

Objectives-Strategies- Implementation

Clause 21.05-1 – Settlement

Objectives ▫ To provide adequate residential land in each town to accommodate anticipated residential growth; ▫ To consolidate urban development within existing urban boundaries separated by rural land;

▫ To provide open space and community facilities to satisfy demand within each town; ▫ To maximise the use of infrastructure; ▫ To provide an appropriate level of physical and community infrastructure in new urban areas; and ▫ To have innovative subdivision layouts relating to, and incorporating recreation or environmental features in appropriate locations.

Clause 21.05-2 – Environment

Objectives ▫ To facilitate development which does not impact or conflict with the quality and sensitivity of the natural environment

Clause 21.05-3 – Housing

Objectives ▫ To provide a range of housing types and lot sizes to suit the diverse needs of the community

Clause 21.05-5 – Infrastructure

Objectives ▫ To maintain and improve water quality and supply; and ▫ To provide an appropriate level of physical infrastructure in new subdivisions

Clause 22.07 Stormwater Management Policy

Objectives ▫ To incorporate stormwater management considerations in the decision making for the use and development of land; ▫ To maintain and enhance stormwater quality introduced to the drainage and waterway environment of the Shire; and ▫ To maintain stormwater flows and discharges at a maximum of the pre- development flow level.

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

The amendment proposes to include the subject site in a Township Zone. This zone applies generally to the Dalyston Township. The purpose of this 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 residential development and a range of commercial, industrial and other uses in small towns.

▫ To encourage residential development that respects the neighbourhood character

The proposed subdivision and development of the subject site would provide for low density residential use. The landscape plan for the subdivision includes significant areas of open space. The use of the Township Zone, which would reflect the underlying zoning for existing residential areas in Dalyston, in conjunction with a Development Plan Overlay are considered to be the most appropriate VPP tools.

This would enable the subject site to be used for low density residential development in a subdivision that would incorporate large areas of open space and the proposed wetland.

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

The amendment will be referred to all relevant agencies and their views will be addressed as part of the amendment process.

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

The new planning provisions are not expected to have any adverse impact 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 the following places.

Bass Coast Shire Council At the Bass Coast Shire Council Civic Centre website on 76 McBride Avenue www.basscoast.vic.gov.au WONTHAGGI

The Department of Planning and Community Development website at www.dpcd.vic.gov.au/planning/publicinspection