Application for a Planning Permit If You Need Help to Complete This Form, Read MORE INFORMATION at the End of This Form

Office Use Only

Application No.: Date Lodged: / /

Application for a Planning Permit If you need help to complete this form, read MORE INFORMATION at the end of this form. Planning Enquiries Any material submitted with this application, including plans and personal information, will be made Phone: (03) 5728 8000 available for public viewing, including electronically, and copies may be made for interested parties for Local call: 1300 365 003 the purpose of enabling consideration and review as part of a planning process under the Planning Web: www.indigoshire.vic.gov.au and Environment Act 1987. If you have any questions, please contact Council’s planning department. Questions marked with an asterisk (*) must be completed. If the space provided on the form is insufficient, attach a separate sheet. i Click for further information.

The Land i Address of the land. Complete the Street Address and one of the Formal Land Descriptions. Street Address * Unit No.: St. No.: St. Name:

Suburb/Locality: Postcode:

Formal Land Description * Complete either A or B. A Lot No.: Lodged Plan Title Plan Plan of Subdivision No.:

This information can be OR found on the certificate of title. B Crown Allotment No.: Section No.: If this application relates to more than one address, attach a separate sheet Parish/Township Name: setting out any additional property details.

The Proposal You must give full details of your proposal and attach the information required to assess the application. Insufficient or unclear information will delay your application.

i For what use, development or other matter do you require a permit? *

Provide additional information about the proposal, including: plans and elevations; any information required by the planning scheme, requested by Council or outlined in a Council planning permit checklist; and if required, a description of the likely effect of the proposal.

i Estimated cost of any development for which the Cost $ You may be required to verify this estimate. permit is required * Insert ‘0’ if no development is proposed.

Application for a Planning Permit | Regional Council Page 1 Existing Conditions i Describe how the land is used and developed now * For example, vacant, three dwellings, medical centre with two practitioners, licensed restaurant with 80 seats, grazing.

Provide a plan of the existing conditions. Photos are also helpful.

Title Information i Does the proposal breach, in any way, an encumbrance on title such as a restrictrive covenant, section 173 agreement or other obligation such as an easement or building envelope? Encumbrances on title * Yes (If ‘yes’ contact Council for advice on how to proceed before continuing with this application.) No Not applicable (no such encumbrance applies).

Provide a full, current copy of the title for each individual parcel of land forming the subject site. The title includes: the covering ‘register search statement’, the title diagram and the associated title documents, known as ‘instruments’, for example, restrictive covenants.

Applicant and Owner Details i Provide details of the applicant and the owner of the land.

Applicant * Name: The person who wants the Title: First Name: Surname: permit. Organisation (if applicable): Postal Address: If it is a P.O. Box, enter the details here:

Please provide at least one Contact information for applicant OR contact person below contact phone number *

Where the preferred contact Contact person’s details* Same as applicant person for the application is Name: different from the applicant, provide the details of that Title: First Name: Surname: person. Organisation (if applicable): Postal Address: If it is a P.O. Box, enter the details here: Unit No.: St. No.: St. Name:

Suburb/Locality: State: Postcode:

Owner * Same as applicant The person or organisation Name: who owns the land Title: First Name: Surname:

Where the owner is different Organisation (if applicable): from the applicant, provide the details of that person or Postal Address: If it is a P.O. Box, enter the details here: organisation.

Owner’s Signature (Optional): Date: day / month / year

Application for a Planning Permit | Regional Council Page 2 Declaration i This form must be signed by the applicant * Remember it is against I declare that I am the applicant; and that all the information in this application is true and the law to provide false or correct; and the owner (if not myself) has been notified of the permit application. misleading information, which could result in a Signature: Date: heavy fine and cancellation of the permit. day / month / year

Need help with the Application? i General information about the planning process is available at planning.vic.gov.au Contact Council’s planning department to discuss the specific requirements for this application and obtain a planning permit checklist. Insufficient or unclear information may delay your application.

Has there been a pre-application meeting with a council planning No Yes If ‘Yes’, with whom?: officer? Date: day / month / year

Checklist i Filled in the form completely? Have you: Paid or included the application fee? Most applications require a fee to be paid. Contact Council to determine the appropriate fee.

Provided all necessary supporting information and documents?

A full, current copy of title information for each individual parcel of land forming the subject site.

A plan of existing conditions.

Plans showing the layout and details of the proposal.

Any information required by the planning scheme, requested by council or outlined in a council planning permit checklist.

If required, a description of the likely effect of the proposal (for example, traffic, noise, environmental impacts).

Completed the relevant council planning permit checklist?

Signed the declaration above?

Lodgement i MaMailing address: Lodge the completed and Indigo Shire Council signed form, the fee PO Box 28 and all documents with: Beechworth VIC 3747

Planning Office location: 34 High Street YaYackandandah

Contact information: Phone: 1300 365 003 FaFax: (03) 5728 1676 Email: [email protected]

Deliver application in person, by post or by electronic lodgement.

Application for a Planning Permit | Regional Council Page 3

PLANNING REPORT

Proposed Use and Development of a Dwelling

CA 1 & 2 Sec A3 (Proposed lot 3) 719 Osbornes Flat Road

Planning Report – Dwelling – Proposed Lot 3 719 Osbornes Flat Road Page 1 of 8

1. Applicant: Eslers Land Consulting, 598 Macauley Street, Albury NSW

2. Owner: Caryn Diffey-Wentworth of 719 Osbornes Flat Road, Allans Flat 3691

3. Address of Land: 719 Osbornes Flat Road, Allans Flat

4. Title Details: Volume 03792 Folio 220, Crown Allotments 1 & 2 Section A3, Parish of Yackandandah.

5. Restrictive Covenants: Nil

6. Proposal: Use and development of a dwelling

7. Existing Use: Vacant Land

8. Zoning: Rural Living Zone (RLZ)

9. Overlays: There are no overlays affecting this property.

Planning Report – Dwelling – Proposed Lot 3 719 Osbornes Flat Road Page 2 of 8

10. Subject Site The subject site is located on the east side of Osbornes Flat Road 170.85m south of Scholz Road, Allans Flat. The subject site is comprised of Crown Allotments 1 & 2, Section A3, Parish of Yackandandah. The site is rectangular in shape and has a frontage of 80.4m to Osbornes Flat Road and a depth of 201m, yielding an area of 1.62ha. The site forms part of a larger holding including the land at the rear which is zoned Farming. The land opposite and to the north and south is all zoned Rural Living. Land to the north of Scholz Road has been developed with housing on lots of around 2ha. Osbornes Flat Road is a sealed road. The subject land is located approximately 8km north east of Yackandandah and 22km south of Wodonga.

11. Proposal in Detail:

Plan showing the subject site

The proposal is to consolidate CA’s 1 & 2 and use and develop the site for a dwelling. Access to the site is proposed to be via a shared vehicle crossing with proposed lot 2 to the north. The site is cleared and does not contain any water ways. A 30m x 50m building envelope is proposed to be located on the southern side of the site, set back 15m from the rear boundary and 15m from the southern boundary.

12. Permit Triggers: • Clause 35.03-1 (Rural Living Zone) a dwelling is a section 2 use as the site is less than 4ha. • Clause 35.03-4 (Rural Living Zone) a permit is required to construct a building that is associated with a use in Section 2. Planning Report – Dwelling – Proposed Lot 3 719 Osbornes Flat Road Page 3 of 8

13. Assessment against scheme:

Zoning of the land and any relevant overlay provisions 13.1 Rural Living Zone The purpose of the Rural Living Zone is: o To implement the Municipal Planning Strategy and the Planning Policy Framework. o To provide for residential use in a rural environment. o To provide for agricultural land uses which do not adversely affect the amenity of surrounding land uses. o To protect and enhance the natural resources, biodiversity and landscape and heritage values of the area. o To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. The proposal is considered to be in accordance with the purpose of the zone by providing a residential use in a rural environment while protecting the natural resources, biodiversity and landscape and heritage values of the area. An assessment of the proposal against the decision guidelines of Clause 35.03-5 is provided below:

Guideline Response General issues The Municipal Planning Strategy and the Refer to 13.2, 13.3 and 13.4 below. Planning Policy Framework Any Regional Catchment Strategy and Not applicable associated plan applying to the land. The capability of the land to accommodate The site is considered large enough to the proposed use or development. contain all effluent on the site. Whether the site is suitable for the use or There is existing rural residential development and whether the proposal is development to the north Scholz Rd. The compatible with adjoining and nearby land land to the north and south is planned for uses. similar development. The site is large enough to provide an adequate setback to the farming land to the rear of the site. Agricultural issues The capacity of the site to sustain the It is not proposed to use the site for an agricultural use. agricultural use, however the site has the capacity for small scale agricultural uses.

Planning Report – Dwelling – Proposed Lot 3 719 Osbornes Flat Road Page 4 of 8

Any integrated land management plan Not required as no agricultural use is prepared for the site. proposed. The potential for the future expansion of the Other than the dwelling there is no other use or development and the impact of this on development planned. adjoining and nearby agricultural and other land uses. Environmental issues The impact on the natural physical features The proposed dwelling should have minimal and resources of the area and in particular impact soil and water quality. any impact caused by the proposal on soil and water quality and by the emission of noise, dust and odours. The impact of the use or development on the As the site is cleared it is not expected that flora, fauna and landscape features of the the proposed dwelling will have any impact locality. on flora or fauna. The need to protect and enhance the It is likely that the construction of a dwelling biodiversity of the area, including the need to on the site will lead to future planting on the retain vegetation and faunal habitat and the site. need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area. The location of on-site effluent disposal areas An effluent disposal area can be located so to minimise the impact of nutrient loads on that it will minimise impact of nutrient loads waterways and native vegetation. on vegetation. Design and siting issues The impact of the siting, design, height, bulk, The proposed dwelling can be located to colours and materials to be used, on the minimise impacts on the landscape. Other natural environment, major roads, vistas and matters regarding colour and material can be water features and the measures to be included in conditions of approval. undertaken to minimise any adverse impacts. The impact on the character and appearance The proposed dwelling is not expected to of the area or features of architectural, impact the character and appearance of the historic or scientific significance or of natural area. scenic beauty or importance. The location and design of existing and Infrastructure in the form of roads, electricity proposed infrastructure including roads, gas, telecommunications are available to the site. water, drainage, telecommunications and On site waste water disposal and potable sewerage facilities. water supply will be provided. Whether the use or development will require Not applicable. traffic management measures.

Planning Report – Dwelling – Proposed Lot 3 719 Osbornes Flat Road Page 5 of 8

13.2 Planning Policy Framework • Clause 11.01-1R (Settlement – Hume) includes the strategy: Support growth and development in other existing urban settlements and foster the sustainability of small rural settlements. • Clause 16.01-3S (Housing diversity) has the objective: To provide for a range of housing types to meet diverse needs. The proposal provides for a dwelling on a rural residential lot in close proximity to Yackandandah and other nearby similar development. • Clause 16.01-5S (Rural residential development) has the objective: To identify land suitable for rural residential development. Strategies include: Encourage consolidation of existing isolated small lots in rural zones. The proposal will result in the consolidation of two existing small lots.

13.3 Local Planning Policy Framework • Clause 21.05-9 (Rural Areas) has the objectives: o Retain agricultural land for agricultural purposes. o Accommodate a diverse range of residential, lifestyle and tourism opportunities whilst protecting agriculture, rural landscapes, rural character and environmental assets. o Avoid conflict between agricultural uses and residential uses. o Limit rural residential use and development to strategically justified and appropriately zoned areas. o Minimise adverse ecological or environmental impacts arising from development. The proposal is consistent with these objectives as it provides for rural residential housing in the appropriate zone while avoiding conflict with agricultural uses and minimising adverse ecological and environmental impacts. 13.4 Local Planning Policies • Clause 22.01-1 (Rural Residential) it is policy for dwellings in the Rural Living zone that: o The maximum density of dwellings reflects the subdivision potential established by the Schedule to the Zone. o In areas which are not connected to reticulated services, a dwelling may only be established if the lot is of a sufficient size to enable all domestic wastewater to be adequately treated and retained within the boundaries of the lot. Planning Report – Dwelling – Proposed Lot 3 719 Osbornes Flat Road Page 6 of 8

o A dwelling may only be established on a lot which has legal frontage and access to a properly constructed road, and can be provided with a permanent water supply which satisfies the requirements of the Country Fire Authority for firefighting purposes. o The siting of a proposed dwelling allow for the maximum retention of native vegetation. o Siting considers orientation, protection from winds, relationship to landscape, avoidance of visually prominent sites, privacy and noise.

While the proposed lot is less than the minimum that could be created by subdivision and therefore less than the density of 1 lot per 4ha as encouraged by the scheme, it is an improvement on the density of the existing Crown allotments. The density is similar to the development immediately to the north of Scholz Road. The site is of sufficient size to contain all waste water within its boundaries. The site has frontage to a made road. Water supply necessary for firefighting can be provided in tanks. No native vegetation will be affected by the development. Orientation of the dwelling has been taken into account.

14. Relevant Particular Provisions There are no relevant particular provisions associated with this proposal. 15. General Provisions • Decision guidelines of Clause 65

Guideline Response The matters set out in Section 60 of the Act. All relevant matters have been considered. The municipal planning strategy and the Refer to 13.2, 13.3 and 13.4 above. Planning Policy Framework. The purpose of the zone, overlay or other The proposal is consistent with the purpose of provision. the Rural Living Zone. Any matter required to be considered in the All relevant matters have been considered. zone, overlay or other provision. The orderly planning of the area. The proposal provides for a dwelling in the Rural Living zone by combining two existing small Crown Allotments. The effect on the amenity of the area. The proposal is consistent with existing rural residential development on the land to the north of Scholz Road. The proximity of the land to any public land. Not applicable. Factors likely to cause or contribute to land The proposal is unlikely to contribute to land degradation, salinity or reduce water quality. degradation, salinity or reduced water quality.

Planning Report – Dwelling – Proposed Lot 3 719 Osbornes Flat Road Page 7 of 8

Whether the proposed development is The proposed development will maintain the designed to maintain or improve the quality quality of stormwater exiting the site. of stormwater within and exiting the site. The extent and character of native vegetation There is no native vegetation on the site. and the likelihood of its destruction. Whether native vegetation is to be or can be Not applicable protected, planted or allowed to regenerate. The degree of flood, erosion or fire hazard The land is located outside of any flood, erosion associated with the location of the land and or bushfire overlays. The dwelling will be the use, development or management of the appropriately located and designed to minimise land so as to minimise any such hazard. the risk of fire.

The adequacy of loading and unloading No applicable. facilities and any associated amenity, traffic flow and road safety impacts.

16. Conclusion The proposal is for the use and development of a dwelling on two existing Crown Allotments in the Rural Living Zone. While the proposed lot is less than the minimum lot size that could be created by subdivision and therefore less than density of 1 lot per 4ha as encouraged by the scheme, it is an improvement on the density of the existing Crown allotments. There is similar existing rural residential development to the north Scholz Road. The site is of sufficient size to contain all waste water within its boundaries. The proposal is consistent with the purpose of the Rural Living Zone, the municipal planning strategy and the Planning Policy Framework.

Frank Darke MPIA October 2020

Planning Report – Dwelling – Proposed Lot 3 719 Osbornes Flat Road Page 8 of 8 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. None of the State of Victoria, LANDATA REGD TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

VOLUME 07243 FOLIO 474 Security no : 124085811881U Produced 30/09/2020 05:05 PM

LAND DESCRIPTION

Crown Allotment 7 Section A2, Crown Allotment 8 Section A2, Crown Allotment 9 Section A2, Crown Allotment 10 Section A2 and Crown Allotment 7 Section A7 Parish of Yackandandah. PARENT TITLE Volume 02094 Folio 655 Created by instrument 2146061 10/06/1948

REGISTERED PROPRIETOR

Estate Fee Simple Sole Proprietor CARYN ELIZABETH DIFFEY-WENTWORTH of

ENCUMBRANCES, CAVEATS AND NOTICES

For details of any other encumbrances see the plan or imaged folio set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE TP540851W FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

DOCUMENT END

Title 7243/474 Page 1 of 1 Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Victorian Land Registry Services.

Document Type Plan Document Identification TP593957F Number of Pages 1

(excluding this cover sheet)

Document Assembled 30/09/2020 17:02

Copyright and disclaimer notice: © 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 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA® System. None of the State of Victoria, LANDATA®, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.