Planning and Environment Act 1987

STRATHBOGIE PLANNING SCHEME

AMENDMENT C21

EXPLANATORY REPORT

Who is the planning authority?

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

The amendment has been made at the request of the Strathbogie Shire Council.

Land affected by the amendment.

The amendment applies to various parcels of land in within the municipality, including Avenel, Euroa, Nagambie, Mangalore, Violet Town, Balmattum and Strathbogie, and amends a zone schedule applying to land at Euroa and the schedule to the Heritage Overlay.

What the amendment does.

The amendment proposes to correct a number of anomalies, omissions, errors and inconsistencies in the mapping of zones, overlays and schedules to a zone and overlay in the Strathbogie Planning Scheme through the following changes:

Planning Scheme Maps:

Zoning maps: Euroa:

1. Rezone land at 4, 6, 8, 12, 16, 18 and 20 Armstrong Street, Euroa, being Lot LP18430, Lot 1 LP184430, Lot 2 LP18430, Lot 3 PS314703, CA 1 Section 77, and 99-101 Hunter Street, Euroa, being Lot 1 LP91455, and Hunter Street, Euroa, being Lot 3 & 4 LP18430, from Farming Zone to Residential 1 Zone (Planning Scheme Maps No 16 & 18).

Nagambie:

2. Rezone land at the Nagambie Lakes Leisure Park (formerly known as the Chinaman’s Bridge Caravan Park), Nagambie from Farming Zone to Public Park and Recreation Zone (Planning Scheme Map No 10 & 21). 3. Rezone land at 66 Loddings Lane, Nagambie (known as the Nagambie Regatta Centre), Nagambie from Farming Zone to Public Park and Recreation Zone (Planning Scheme Map No 21). 4. Rezone land at 285 High Street, being Lots 1 and 2, TP606358P, Nagambie from Business 1 Zone to Public Park and Recreation Zone (Planning Scheme Map No 22). 5. Rezone land located south of Jacobson’s lookout and north of Lakeside Resort Motel, being Lots 1 and 2, TP 341710B, Lots 4, 5 and RD, LP 4275, Part CA 10A and B, Parish of Tabilk, from Business 1 Zone to Public Park and Recreation Zone (Planning Scheme Map No 22). 1

Mangalore:

6. Rezone land at 36, 38, 40 and 42 Grant Street, Mangalore, being Crown Allotments 14, 15, 16 and 17 Section G Parish of Mangalore from Public Use Zone 4 (Transport) to Farming Zone (Planning Scheme Map No 21).

Violet Town:

7. Rezone land at 2 Mitchell Street, Violet Town, being Part Crown Allotment 1 Section 25 Parish of Shadforth, from Public Park and Recreation Zone to Township Zone (Planning Scheme Map No 7). 8. Rezone land located at Crown Allotment 3 Section F Township of Violet Town, known as the Violet Town Recreation Reserve, from Farming Zone to Public Park and Recreation Zone which includes rezoning the adjacent road reserve, Shiffner Street, to the south from Farming Zone to Township Zone (Planning Scheme Maps No 6 & 7).

Strathbogie: 9. Rezone part of land at 30 Main Street, Strathbogie, being Lot 1 LP147115, from Public Use Zone 1 to Township Zone (Planning Scheme Map No 27). 10. Rezone part of land at 17 Armstrong Street, Strathbogie, being Lot C PS534557, from Farming Zone to Township Zone (Planning Scheme Map No 27).

Overlay maps:

Avenel:

11. Apply a Heritage Overlay on land at 52 Mitchell Street, Avenel being the Former Campion House, Crown Allotment 19 Section 3 Parish of Avenel (Planning Scheme Map No 23HO).

Nagambie:

12. Remove the Heritage Overlay notation HO15 from 244 High Street, Nagambie and apply the Heritage Overlay notation HO15 to the former Shire Hall building at 344 High Street, Nagambie (Planning Scheme Map No 22HO [shown on two separate amendment maps]).

Balmattum (West of Violet Town):

13. Remove the Public Acquisition Overlay notation PAO2 from part Crown Allotment 91, part 141 and part 144B Parish of Balmattum (Planning Scheme Map No 6PAO).

Planning Scheme Schedule: 14. Amend Schedule 2 – Freeway Service Centre to the Special Use Zone to insert Category 1 Signage (Business areas – minimum limitation). 15. Amend the Heritage Overlay Schedule to include the former Champion House at 52 Mitchell Street, Avenel (refer above item no. 12).

Strategic assessment of the amendment

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• Why is the amendment required?

The amendment has been prepared to correct a number of errors, omissions, anomalies and inconsistencies that have been identified in the Strathbogie Planning Scheme. Correction of these inaccuracies will contribute to the more effective operation and administration of the Strathbogie Planning Scheme. Details of each site requirements are:

1. Armstrong and Hunter Streets, Euroa. Rezone land from Farming Zone to Residential 1 Zone as the existing subdivision pattern and development reflects a Residential 1 Zone. 2. Nagambie Lakes Leisure Park (also known as Chinaman’s Bridge Caravan Park). Rezone the land from Farming Zone to Public Park and Recreation Zone to recognise the approved use and development on the site and to apply the most appropriate zoning. This rezoning is supported by the land manager being Goulburn- Murray Water. 3. 66 Loddings Lane, Nagambie (known as the Nagambie Regatta Centre). Rezone the land from Farming Zone to Public Park and Recreation Zone to recognise the approved use and development and to allow further development on the site by applying the most appropriate zoning. This rezoning is supported by the land owner being Goulburn-Murray Water. 4. 285 High Street, Nagambie (Lots 1 & 2 TP606358P), which is the former Uniting Church site. This land is being rezoned from Business 1 to Public Park and Recreation to reflect the ownership by Strathbogie Shire Council and use as a public park. The land is the site of the former Uniting Church, which was destroyed, allowing the vacant land to be used for recreation purposes. The rezoning will provide consistency with the zoning and use of surrounding land. 5. Land located south of Jacobson’s lookout also described as land north of the Lakeside Resort Motel (the old Verge Motors site). This land is being rezoned from Business 1 to Public Park and Recreation to reflect the use as a public park. The rezoning will provide consistency with the zoning and use of surrounding land. 6. Lots 14-17 Grant Street, Mangalore are incorrectly shown as Public Use Zone (PUZ4 - Transport) on map No. 21. As this land is in private ownership it requires rezoning to reflect its private land status and is to be rezoned to Farming Zone, the same zone as the remainder of the Mangalore Township. 7. 2 Mitchell Street (residential allotment), Violet Town. As this land is in private ownership it requires rezoning to reflect its private land status and it to be rezoned from Public Park and Recreation Zone to Township Zone. The land has been developed for residential purposes and was never used as part of the public recreational area. 8. Violet Town Recreation Reserve (C.A. 3 Sec. F Township of Violet Town). Rezone from Farming Zone to Public Park and Recreation Zone to accurately reflect the public use as a community recreation park. This rezoning correction was requested from the Department of Sustainability and Environment (DSE) being the crown land manager. 9. 30 Main Street (Part), Strathbogie. Rezone part of land (Lot 1 LP147115), from Public Use Zone 1 to Township Zone to accurately reflect the current use and development, and to correct an anomaly in the Strathbogie Planning Scheme. The land is in private ownership and the land has no public use. 10. 17 Armstrong Street, Strathbogie. Rezone part of land from Farming Zone to Township Zone to accurately reflect the current use and development, and to correct an anomaly in the Strathbogie Planning Scheme. The land is owned by the Strathbogie Golf Club who made the request for Council to correct the inconsistency in the Strathbogie Planning Scheme.

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11. 52 Mitchell Street, Avenel. Apply a Heritage Overlay at the site of the Former Campion House which is a locally significant heritage site that was overlooked in the heritage controls in the Strathbogie Planning Scheme. This anomaly in the Planning Scheme has been highlighted by a heritage assessment on the site. 12. The former Shire hall building located at 344 High Street, Nagambie, should be covered by a Heritage Overlay (HO15). The location of this overlay has been incorrectly identified at 244 High Street, Nagambie, on planning scheme map No. 22. This amendment will place the Heritage Overlay on the correct site. 13. Remove the Public Acquisition Overlay (PAO2) at Balmattum west of Violet Town from the planning scheme map No. 6 as the Gas Transmission Corporation has been sold by the State Government to a private operator and the land acquisition is no longer required for any gas utility. 14. Amend the Schedule to the Special Use Zone (Schedule 2 – Freeway Service Centre) to reflect Category 1 signage (Business areas - minimum limitation). This will enable the Service Centre to display signage that is more appropriate for the land use and development. The Special Use Zone enables reference to the type of signage through the Schedule to the zone. 15. Amend the Schedule to Heritage Overlay (refer item 12 above) to include the former Champion House at 52 Mitchell Street, Avenel. This will correct an inconsistency in the Strathbogie Planning Scheme and enable heritage controls over a locally significant heritage site. A heritage assessment by a qualified heritage consultant supports the overlay control.

• How does the amendment implement the objectives of planning in Victoria? (S.4 of the Planning and Environment Act 1987)

The amendment is intended to correct anomalies in the Strathbogie Planning Scheme. Thus the corrections will ensure that the objectives of planning in Victoria are implemented by: (a) providing for the fair, orderly, economic and sustainable use, and development of land; (b) assisting to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria; (c) ensuring the protection of public utilities and other assets and enable the orderly provision and coordination of public utilities and other facilities for the benefit of the community; (d) facilitating development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); and (e) assisting to balance the present and future interests of all Victorians.

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

It is not anticipated that the amendment will have any significant effects on the environment.

The amendment is likely to provide positive social and economic benefits by ensuring that the appropriate zoning, schedules and overlays are applied to parcels of land in the Strathbogie Shire which inturns enables the proper use and development of residential, rural and public park land. • Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

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

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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 amendment is consistent with the SPPF goal of Clause 11.02 which states: The State Planning Policy Framework seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development.

The amendment which corrects anomalies contained in the Strathbogie Planning Scheme will ensure that the appropriate land use and/or development is aligned with State goals and objectives.

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

The Amendment seeks to correct a number of errors, omissions and anomalies that have been identified in the mapping of zones and overlays and in the Schedules to the Special Use Zone and Heritage Overlay. By correcting these items, the Amendment will assist in implementing the Municipal Strategic Statement for the Strathbogie Shire Council by ensuring the vision and strategic framework detailed in Clause 21.02 is supported by appropriate zoning provisions and overlay controls. In addition, it will enable proper and efficient administration of the Strathbogie Planning Scheme and provide for the orderly planning and development of the municipality. Furthermore, landowners and the community will be provided with clarity on future land use and development on their allotments and public land. In particular the Amendment supports the implementation of the Strathbogie Municipal Objectives:

21.03-2 Settlement Objectives • To provide for the orderly development of towns based on the coordination of services and infrastructure, the provision of housing diversity (including high quality lot layout, diversity in lot sizes, energy efficiency and enhanced environmental features), neighbourhood character and the facilitation of high standards of residential and community amenity. • To ensure future subdivision and development of housing in urban and rural areas is responsive to a demonstrated need, has the appropriate infrastructure and will not negatively influence the long-term sustainability of farming. • To protect areas of built and cultural heritage. • To protect agricultural land from urban encroachment.

21.03-5 Environment Protection of built and cultural heritage The Shire has a legacy of many important heritage structures and places, with some of these being listed within the Heritage Schedule of the Planning Scheme. A full and comprehensive evaluation of the locality, condition and significance of the Shire’s heritage needs to be prepared.

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21.03-7 Environmental Strategies • Provide for the recognition, protection and management of the Shire’s heritage assets.

21.03-10 Economic Development Objectives • To facilitate further business, industry and tourism investment which reinforces the role of the local towns, increases local employment opportunities and makes productive and sustainable use of the Shire’s resources. (Relevant to the rezoning proposal at Nagambie Lakes Leisure Park and Nagambie Regatta Centre).

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

The amendment makes proper use of the Victoria Planning Provisions, as it corrects a number of errors, omissions and anomalies in the Planning Scheme. The rezoning of land is required to ensure that the existing and future land use and development for each parcel is appropriately applied and consistent with the Victoria Planning Provisions.

The removal of the Public Acquisition Overlay (PAO2) is to allow the deletion of an overlay control that is no longer warranted and is contrary to the Victoria Planning Provisions due to its redundancy. The applying of the Heritage Overlay to the correct site and ensuring a locally significant heritage site at Avenel is included is consistent with the Victoria Planning Provisions to ensure protection of heritage areas and built form.

The amendment to Special Use Zone Schedule 2 - Freeway Service Centre makes proper use of the Victoria Planning Provisions by allowing appropriate signage development for the use approved on the site under the zone provisions.

The changes proposed by the Amendment have been reviewed to ensure that the Victoria Planning Provisions have been applied appropriately and are consistent with Victoria Planning Provision Practice Notes including: • Applying the Public Land Zones (February 1999); • Applying the Heritage Overlay (February 1999); • Writing Schedules (May 2000); and in particular • Advisory Note: Monitoring and Review of Planning Schemes (October 2000) Extract from above Advisory Note: Reviewing implementation methods

• You should review the content of schedules. They may need rewriting in accordance with the VPP Practice Note Writing schedules. • Zones and overlays should be reviewed to ensure they are the most appropriate means of implementing the strategies in the MSS. Multiple overlays applying to the same land should be reviewed to see if they can be simplified.

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

The relevant agencies that are landowners or managers of land affected by the amendment have been contacted to ensure their support for the amendment. All comments from these agencies have been considered in the preparation of the amendment.

These agencies and other relevant agencies will also be notified as part of the formal exhibition process.

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

It is not anticipated that the corrective amendment will have a negative impact on the resource and administrative costs of the responsible authority.

Public Notice

Notice of the amendment will be given to all affected land owners and land managers by direct correspondence. Public notice will be given by notice in all the relevant local newspapers that circulate in the Shire of Strathbogie.

Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at the following place.

Strathbogie Shire Council Cnr Binney and Bury Streets EUROA VIC 3666

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

Submissions.

Written submissions about the amendment will be received until Friday 27th March 2009 and should be addressed to:

The Chief Executive Officer Strathbogie Shire Council PO Box 177, Euroa, Vic, 3666

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