MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council

MANSFIELD SHIRE

TUESDAY, 16 JANUARY 2018 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield MINUTES 5.00PM

CONTENTS

1. OPENING OF THE MEETING...... 3 2. STATEMENT OF COMMITMENT ...... 3 3. ACKNOWLEDGEMENT OF COUNTRY ...... 3 4. APOLOGIES...... 4 5. CONFIRMATION OF MINUTES ...... 4 6. DISCLOSURE OF CONFLICT OF INTERESTS ...... 4 7. REPRESENTATIONS ...... 4 8. NOTICES OF MOTION ...... 4 9. MAYOR’S REPORT ...... 5 10. OFFICER REPORTS ...... 7 10.1 DEPARTMENTAL REPORTS ...... 7 Attachment 10.1 ...... 8 10.2 DEVELOPMENT SERVICES ...... 21 10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) ...... 21 Attachment 10.2.1 ...... 55 10.2.2 Planning Scheme Amendment C36 Domestic Wastewater Management Plan – Recommendations of the Planning Panel ...... 58 Attachment 10.2.2 ...... 64 10.2.3 Mansfield Township Housing Strategy – Public Consultation ...... 106 Attachment 10.2.3 ...... 110 10.3 COMMUNITY SERVICES ...... 222 10.3.1 Leasing of Council Land at 141 Lakins Road, Mansfield...... 222 10.4 EXECUTIVE SERVICES ...... 225 10.4.1 Mansfield Shire Council Administration of Grant Income Policy 2017 ..... 225 Attachment 10.4.1 ...... 229

1 1. Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

11. ASSEMBLIES OF COUNCILLORS ...... 241 12. ADVISORY AND SPECIAL COMMITTEE REPORTS ...... 242 13. AUTHORISATION OF SEALING OF DOCUMENTS ...... 242 14. PUBLIC QUESTION TIME ...... 242 16. CLOSE OF MEETING ...... 242

2. 2 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

TUESDAY, 16 JANUARY 2018 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield MINUTES 5.00PM

1. OPENING OF THE MEETING

The Mayor, Cr Volkering, opened the meeting at 5.02pm.

Councillors: Marg Attley Tolmie Ward Peter Olver Mansfield Ward Paul Volkering Mansfield Ward Cr Paul Sladdin Bonnie Doon Ward Harry Westendorp Jamieson Ward

Chief Executive Officer: Alex Green Community Services Manager: Melanie Hotton A/Development Services Manager: Dawn Bray Finance Manager: Mandy Kynnersley Governance Co-ordinator: Dawn Bray Senior Strategic Planner: Kathy Richardson

In Attendance

Planning Consultant Nick Vlahandreas (part)

2. STATEMENT OF COMMITMENT

The Councillors affirmed the following Statement of Commitment:

“We the Councillors of Mansfield Shire / declare that we will undertake on every occasion / to carry out our duties in the best interests of the community / and that our conduct shall maintain the standards of the Code of Good Governance / so that we may faithfully represent / and uphold the trust placed in this Council by the people of Mansfield Shire.”

3. ACKNOWLEDGEMENT OF COUNTRY

The Councillors affirmed the “Acknowledgement of Country” for the Mansfield Shire Council:

“Mansfield Shire Council recognises that indigenous people have been custodians of this area for generations. We acknowledge the living culture and unique role of Taungurung people in our region.”

3 3. Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

4. APOLOGIES

The Mayor requested that an apology from Mr Terry Harris, applicant for item 10.2.1, be formally noted.

5. CONFIRMATION OF MINUTES

Cuncillors Attley/Olver:

That the Minutes of the Mansfield Shire Council meeting, held on 19 December 2017, be confirmed as an accurate record. Carried

6. DISCLOSURE OF CONFLICT OF INTERESTS

Nil.

7. REPRESENTATIONS

Deputations were received in relation to item 10.2.1 from the following members of the general public:

1. Mr Peter Wright – Merrijig Residents Action Group 2. Mr Brian Jones – Merrijig Residents Action Group 3. Ms Mary Dunne – Merrijig Residents Action Group 4. Ms Louise Jacobs – Merrijig Residents Action Group 5. Mr Des Dunne – Merrijig Residents Action Group 6. Ms Angela Killingsworth – Merrijig Residents Action Group 7. Ms Kyn Lynch – Merrijig Residents Action Group 8. Ms Fiona Tweedy

8. NOTICES OF MOTION

Nil.

4. 4 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

9. MAYOR’S REPORT

The Mayor, Councillor Paul Volkering, will present the monthly Mayor’s report to the Council as follows:

For some reason the period prior to Christmas 2017 didn’t seem as busy for the Mansfield township as last year, but nonetheless, it hasn’t meant that there wasn’t plenty of excitement and plenty of visitors through our community subsequent to Christmas Day. Throughout the hectic days of after Christmas and through New Year, parking was once again at a premium in Mansfield, as was access to our fuel stations, hotels, boat ramps and supermarkets.

From all reports, it would appear that visitors came with a rush this year after Christmas and it is interesting that the visitation habits of tourists across the nation are changing. I heard a report on ABC Radio alluding to the fact that tourists aren’t necessarily taking the traditional long break over Christmas/New Year as they once did. With more and more choices and more leisure time, people are becoming far more selective about when and where they will take their holidays, no doubt a real challenge for our tourist industry at a local level; as if they don’t already have enough challenges?

According to locals in Jamieson, numbers of campers along the river beyond Jamieson are down on previous years, however, according to Tim Gerrish, operator of a food and ice delivery service into the Howqua camping areas, numbers of visitors in those area were at record levels.

If movement of traffic in and around the Mansfield township is anything to go by, we probably had another very successful holiday season. I also went down to Bonnie Doon and numbers in and around the caravan parks and boat ramps were quite extraordinary. I had the additional pleasure of attending the Jamieson Farmer’s Market held last weekend in really hot conditions. Numbers may have been down somewhat on expectations due to the extremely hot day, but they certainly weren’t down if numbers of people by the river were anything to go by!

I also attended the Tolmie Twilight Farmer’s market in mid-December, where two local families were honoured for their contributions over many years - Graham and Joan Tie (Baron of Barjarg) and Arthur and Glenda March (The Coffee Truck) for their support for the Tolmie Sports and Tolmie Craft and Farmers' Market over more than 20 years. Well done to the Tolmie community for conducting such a positive event.

Once again, we were subjected to a rather nasty summer storm which wreaked havoc through a narrow corridor all the way from north of Barjarg into the hills beyond Howqua. Most affected areas included parts of Bonnie Doon, The Paps, Howes Creek, Macs Cove and Howqua. Mansfield and surrounds experienced some heavy downpours of rain, but it was the corridor west of the town which experienced the worst conditions with many farmers reporting extensive damages to trees and fences.

5. 5 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

9. MAYOR’S REPORT CONT.

The SES had to be called to an emergency on the night of the storm when a female driver was impaled in her car after a tree fell across the road and hit her car as she was driving along. The last report that I have was that the female was home and recuperating. I wish her a speedy recovery.

Thanks once again to our Emergency Services - SES, CFA, Police and Ambulance – and Council staff for their responsiveness and professionalism. SES were also out sandbagging once again after some heavy rain in the Mansfield township.

Quite amazingly there were few reports of power blackouts due to storms, which speaks volumes for the maintenance work that SP Ausnet have been doing around the Shire over the last 12 months.

It is unfortunate that we have a few areas around town where local residents are significantly impacted whenever we have heavy rain. It does seem as though these heavy storms over summer are more the “norm” than not. This means, that somehow, we’ve got to consider more fully and carefully than in the past, these issues in our planning and engineering work. Clearly, we are at a point where the township is growing so rapidly, we need to start positioning for major infrastructure works to address some of the drainage issues we continue to face. The “hotpots” are well known to us, so we need to be aware and commence planning for this much needed work.

Old timers around the district probably have a good laugh when they see these storms, because a few that I’ve spoken to say that it is typical of Mansfield in late December to see wild weather and storms and nothing whatsoever to do with climate change, which is often blamed for extreme weather events.

If my memory serves me correctly, at the very same time last year (2017) we were similarly impacted by unseasonal summer rain. However, on the plus side, Lake Eildon has not looked better at this time of year and the numbers of boats at all parts of the Lake seem to be at record levels. The ongoing debate along the Murray River about damage caused by wake Board boats can only mean more boats destined for Lake Eildon. With the big rain of early December and more follow up rain, Lake Eildon is currently at approximately 75% capacity which augurs well for next season with average rainfall predicted.

The heavy rains and storms over the last few months have once again exposed the frail nature of some drainage assets and resources across parts of the Shire.

The “carry in, carry out” message to tourists regarding waste has also caused a few concerns at a local level with reports that the good work commenced last year hasn’t resonated with tourists this year, possibly reflecting the changing nature of our tourist profile. We can’t expect that the same people will be coming to Mansfield year in, year out. Once again Council staff and the staff out at the resource recovery centre are to be commended on their professional attitude and service to ensure that this initiative is properly supported.

6. 6 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

9. MAYOR’S REPORT CONT.

I spent quite a deal of time at Jamieson over the Christmas/New Year period, and with the recent summer rains we’ve experienced, was not surprised to see the growth rate of grass at the picnic ground. The Shire Parks and Gardens team, who were operating on a skeleton staff during this period, ensured this popular area was scheduled for mowing during this time so that visitors and locals could continue to enjoy a freshly mown public area.

I hope you are all looking forward to Australia Day later this month and that you are as excited as I am by the opportunity to celebrate the fantastic contribution of many talented individuals within our wonderful community.

Our Australia Day Ambassador for this year is Mr Dennis Banfield. We welcome Dennis to Mansfield and look forward to him celebrating not only Australia Day, but also his birthday which just so happens to fall on the same day!!

Cr Paul Volkering Mayor

Councillors Westendorp/Attley:

That the Mayor’s report be received. Carried

10. OFFICER REPORTS

10.1 DEPARTMENTAL REPORTS

File Number: E103 Responsible Officer: Chief Executive Officer, Alex Green

Introduction

Departmental reporting allows a short briefing to be provided to the Council on the current operations, tasks and projects undertaken within each Department over the past month.

The Chief Executive Officer will present the following monthly Departmental reports to the Council, as follows:

· Corporate and Organisational Development · Development Services (statistics for the month of December 2017) · Engineering and Works · Executive Services

Councillors Olver/Sladdin:

That the monthly Department reports be received. Carried

7. 7 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

ATTACHMENT 10.1

DEPARTMENTAL REPORTS

(12 PAGES)

8. 8 Mansfield Shire Council – Corporate and Organisational Development

CORPORATE AND ORGANISATIONAL MANAGEMENT DEPARTMENTAL REPORT January 2018

INFORMATION MANAGEMENT RECORDS

Planning for an upgraded website has The Records team are assembling the required commenced. Preliminary work has been information for the External Records Audit which undertaken on data preparation and cleansing to will occur on 28 March 2018. provide additional services. The records office remained open between An evaluation of transition options to move from Christmas and New Year. This proved valuable IBM Domino to Microsoft Exchange has been providing backup for the Customer Service team undertaken and recommendations made to with overflow calls regarding storm damage and management. other queries.

Additional analysis and investigation has been CUSTOMER REQUESTS undertaken regarding the replacement planning system. It is expected that a final CRMS statistics for the month show 149 recommendation will be made in January. customer requests registered with 136 open requests closed during the month. The majority CUSTOMER SERVICE of requests opened were for Field Services (66.4%) with Local Laws (14.1%) as the second The provision of Customer Service between largest group. Christmas and New Year was successful. The team was busy for the three days, with a New Events Pend’ significant number of queries, information Department Events Closed Open g requests and VicRoads licence renewals. The No 4 2 0 2 storm damage on Thursday resulted in a Department number of service requests, and 29 requests Customer 6 6 1 2 were logged over the 3 days (out of a total of Service & 149 for the month). Records Engineering 9 10 1 3 The period leading up to Christmas was steady, Environmental 2 1 0 1 with the team handling the normal mixture of late Health rates payments, learner permit applications, Field Services 99 84 17 9 licence renewals and general queries and Local Laws 21 25 0 9 service requests. Planning & 7 5 1 4

Environment Customer Service handled a major mail out of Waste 1 3 0 0 1,300 letters concerning weed spraying for the Environment team within Development Services. Total 149 136 20 30 Staff also worked on updating all the contacts in the Emergency Relief and Recovery Centre Database, and assisting the Environmental Health team following up on annual Premises Registration and Food Act renewals.

Corporate and Organisational Development - Page 1 of 2

9 Mansfield Shire Council – Corporate and Organisational Development

INFORMATION TECHNOLOGY

The new printing kiosk for public printing has been installed at the library. This allows the public to pay for printing via EFTPOS and cash. Print jobs can be sent from the public library PCs, from library visitor PCs and via email. A new printer has also been installed which provides a significant improvement in print quality.

New Wi-Fi access points have been deployed in the Shire offices, providing improved speeds and communication. It is planned to use the older access points that have been replaced to extend services at the depot.

The new Café Connect computers have been deployed. The old computers have been cleaned and returned to the leasing company.

Corporate and Organisational Development - Page 2 of 2

10 DEVELOPMENT SERVICES STATISTICS – DECEMBER 2017

PLANNING

Planning Applications Lodged for the Month Type of Application Lodged New dwellings 2 Development of 2 dwelings 1 Development for 2 dwellings & 2 lot subdivision 1 Development of 11 dwellings (units) 1 Section 173 Assessment Mountain Bay 1 Outbuilding 1 Buildings & works (extension to existing dwelling) & outbuilding 1 Use of land for a service station & convenience store, signage & 1 access to road zone category 1 Buildings & works (extension to existing caravan park) 1 Buildings & works (extension to existing dwelling) 1 Consent to build within the building exclusion zone 1 Two Lot Subdivision 1 TOTAL 13 (includes combined applications)

Planning Applications Determined for the Month Type of Application Determined Dwelling (2 with outbuilding) 4 Outbuildings 5 Use & development for leisure & recreation (The Maze) 1 Use & development of caretakers house 1 Buildings & works (extension to existing dwelling) 1 Two lot subdivision 1 Development of retail premises 1 Applications withdrawn 2 TOTAL 16

Other Planning Consents & Enquiries Statement of Compliance 3 Endorse plans to meet conditions 1 Extension of time 4 Notification from Optus upgrade of antenna & ancillary equipment – Paps Land & 1 Pollards Road Mansfield 11

Certification Applications Lodged for the Month Date Application Application No Type Location Lodged Stage 260 McKees Lane Bonnie Under S114716B/17 14/12/2017 Two lot subdivision (Lot 1) Doon assessment Under S114722M/17 14/12/2017 Two lot subdivision (Lot 2) 260 McKees Lane assessment Under S115384M/17 27/12/2017 Two lot subdivision 156 Ashwin Road Howqua assessment Under S115305M/17 22/12/2017 Two lot subdivision 4622 Midland Hwy Barjarg assessment

Days Taken to Approve Planning Application JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL

1 - 30 days 2 4 4 0 1 3 4 3 0 5 2 2 30

31 - 60 days 2 4 6 4 5 4 7 11 3 6 3 9 64

Over 60 days 6 11 9 8 11 8 7 10 13 7 17 3 110 Withdrawn / Permit not req. / 0 4 1 1 1 3 0 2 0 2 0 2 16 Lapsed Number of applications 10 23 20 13 18 18 18 26 16 20 22 16 220 finalised

Delegated Planning Approvals File No. Description Property Address VCAT Approved Use & development for leisure DA3950 & recreation, use as a function centre & erection 678 Piries Goughs Bay Road Goughs Bay of signage DA6531 Development of retail premises (6 shops) 30 High Street Mansfield

DA6769 Development of outbuildings Lot 3 Buttercup Road Merrijig

DA6771 Two lot subdivision 20-22 Logan Street Mansfield

DA4254 Use & development of caretakers house 744 Maroondah Highway Merton

DA6804 Development of dwelling 50 Alpine Ridge Drive Merrijig

Buildings & works (Extension to existing DA6790 355 Campagnolos Road Mansfield dwelling)

DA6808 Development of outbuilding 22 Youngs Road Barjarg

DA6034 Development of dwelling 26 Rosella Street Sawmill Settlement

DA6583 Development of outbuilding 647 Dry Creek Road Bonnie Doon

DA5947 Development of rural store Lakins Road Mansfield

DA6294 Development of land for an outbuilding 40 McMillan Point Drive Mansfield

DA6820 Development for dwelling & outbuilding 28 Changue road Merrijig

DA6370 Development for dwelling & outbuilding 116 Quarry Lane Mansfield

12 BUILDING

Monthly Comparative Value of Building Permits Lodged 2017-18 2016-17 2015-16 JUL $2,806,374 $1,239,521 $2,882,301

AUG $2,575,688 $3,028,490 $2,036,159

SEP $3,525,850 $3,283,640 $4,076,727

OCT $3,669,368 $3,087,059 $3,980,488

NOV $2,110,805 $2,840,190 $4,195,913

DEC $3,425,626 $1,287,616 $2,340,597

JAN $4,662,701 $1,931,990

FEB $3,473,971 $3,256,275

MAR $5,215,249 $3,259,043

APR $4,342,287 $2,648,340

MAY $3,247,878 $4,056,281

JUN $1,011,969 $3,462,222

TOTAL $18,113,711 $36,720,571 $38,126,336

Monthly Comparison of Permits Lodged for Dwellings 2017-18 2016-17 2015-16

JUL 7 7 3 3 10 10

AUG 7 14 11 14 5 15

SEP 8 22 9 23 12 27

OCT 9 31 10 33 12 39

NOV 5 36 6 39 9 48

DEC 7 43 5 44 6 54

JAN 9 53 5 59

FEB 10 63 11 70

MAR 9 72 9 79

APR 11 83 9 88

MAY 12 95 10 98

JUN 3 98 11 109

TOTAL 43 98 109

13 Value of Building Permits Lodged with Council Type Number Value RESIDENTIAL (5 Rural, 2 Township) 7 $3,063,204

ALT & ADDITIONS 3 $47,080

DOMESTIC SHEDS & CARPORTS 9 $242,502

SWIMMING POOLS & FENCES 2 $68,840

COMMERCIAL & PUBLIC AMENITIES 1 $4,000

TOTAL COST OF BUILDING WORKS 22 $3,425,626

SEPTIC

Septic Applications Lodged, Approved and Issued for the Month Permits to Install Permits to Use Applications Lodged Issued Issued

JUL 5 5 7

AUG 4 9 6

SEP 6 4 3

OCT 5 3 2

NOV 2 5 6

DEC 6 6 6

JAN

FEB

MAR

APR

MAY

JUN

TOTAL 28 32 30

14 Septic Applications Lodged 2017-18 2016-17 2015-16 JUL 5 5 5 5 8 8

AUG 4 9 8 13 7 15

SEP 6 15 4 17 15 30

OCT 5 20 8 25 7 37

NOV 2 22 7 32 5 42

DEC 6 28 5 37 8 50

JAN 2 39 3 53

FEB 4 43 7 60

MAR 12 55 2 62

APR 6 61 5 67

MAY 6 67 3 70

JUN 6 73 5 75

TOTAL 28 73 75

15 Mansfield Shire Council – Ordinary Meeting of Council: Engineering and Works Department Report

ENGINEERING AND WORKS DEPARTMENT REPORT January 2018

CAPITAL WORKS FIELD SERVICES

The Additional Playing Fields are at practical Major works for the month: completion with all infrastructure and turf installation works are complete. The ground is • Cleaning of CBD bins and butt bins. currently being heavily watered and the turf is • Removal of fallen trees on rural roads. establishing with excellent results. • Backfill School Crossing Supervisors. • Seal road works, filling in depressions and potholes in Mansfield area and continuing with reseal preparations. • Maintenance to toilets in Mansfield and Merton • Long reach mower (cow) utilized to remove vegetation from shoulders in Bonnie Doon and Barwite areas. • Grading in Merton and Tolmie and also fire tracks and roads following storm damage

Defect rectification works is nearing completion on Ogilvies Road with the majority of the road now sealed. Minor works will be completed in January and a final seal is planned for March 2018.

Troy Menhenett out cleaning drains after heavy rains

• Repairs to blocked drains, washouts and flood ways following storms. • Replace soft fall in Tolmie playground. • Maintenance at the swimming pool. • Fire plug report and maintenance report in Mansfield ,Woods Point and Merrijig. • Removal and installation of bins in Mansfield township. • DrumMuster at the Depot. Tenders were awarded for the Rural Resheet • Install Christmas tree in High Street. program, and the Landfill Rehabilitation project. • Rubbish removal from Maintongoon Road.

Engineering and Works - Page16 1 of 3

Mansfield Shire Council – Ordinary Meeting of Council: Engineering and Works Department Report

PARKS & GARDENS

Major works for the month:

Mansfield • Oval scarifying of Lords and also Mansfield Recreation Reserve. Transportation of turf sprigs to Additional Playing Field for sowing. • Summer chemical application on both ovals. Pre-emergent for weeds and soil spray for insects.

James Brown in one of our rollers with Paul Marks following with the water cart.

Minor Works for the month: Photo taken by Greg Edwards of the main street with the added • Christmas tree Playground maintenance and reporting. • Vandalism is still happening with a few hours • Topping up sunken graves in all cemeteries a week spent mainly on signage. due to heavy rainfall. • Sealed roads maintenance. • Strong “Spring” growth continues. Additional • Road sign replacement and drain cleaning in rain has popped up weed infestations and the Mansfield, Bonnie Doon and Jamieson grass is growing fast again. townships. • Jamieson - slashing roadside areas. Fire • Install and remove banners at the start of prevention. High Street. • Macs Cove - slashing public areas and lake • Street sweeper in Mansfield, Jamieson and front reserves. Bonnie Doon. • Goughs Bay - slashing reserves and boat • Working to complete CRMS issues. ramp areas. • Staff training. • Maindample - mowing public park and slashing large public reserves. Plant Hours: Combined, three Graders • Merton - slashing pubic reserves and operated for 205 hours throughout the month roadside areas. Fire Prevention. of December 2017.

Engineering and Works17 - Page 2 of 3

Mansfield Shire Council – Ordinary Meeting of Council: Engineering and Works Department Report

• Bonnie Doon - slashing roadside areas, TRAINING, STAFF NEWS, GENERAL UPDATES public reserves and lakeside reserves. • Rail Trail - tree removals after heavy rain and Extreme rain event at the beginning of wind caused falls (see photos). December 2017.

CEMETERY

During December 2017 there were three burials at Mansfield. Construction of the shelters at Bonnie Doon and Jamieson has commenced and should be completed by early in the new year 2018.

Luke Stower and Mal Edwards tree clearing.

Minor Works for the month:

• Installation of plaques at Mansfield and Bonnie Doon cemeteries. • Prepare for Funerals, 3 new doubles, Mansfield. • Daily rubbish pick up/walk through in Mansfield. • Regular scheduled rail trail maintenance • Regular scheduled garden rounds (see photo above of High Street freshly mown). • Regular scheduled mowing rounds.

Backhoe in action assisting with the tree clearing.

Engineering and Works18 - Page 3 of 3

Mansfield Shire Council – Executive Services Department Report

EXECUTIVE SERVICES DEPARTMENTAL REPORT January 2018

EXPOSURE DRAFT OF THE LOCAL GOVERNMENT BILL 2018 Dennis has a particular interest in the area associated with children under the The State government has released its age of 5 facing or experiencing trauma, Exposure Draft of the Local Government and is passionate about helping in any Bill 2018. This is the final stage of public way he can to support and assist children consultation on the current Local in need who have suffered as a result of Government Act Review before the Bill trauma at an early age. enters Parliament. AUSTRALIA DAY CELEBRATIONS In 2015 the Andrews Government committed to deliver on a seventeen-point action plan to overhaul the governance, capacity and performance of councils over this term of Government. A central feature of the Exposure Draft has been a determination to more clearly define the outcomes required of councils while simultaneously giving councils greater agency to determine how to achieve them.

Submissions to the Exposure Draft close on 23 February 2018, and Council will make its second submission on the Draft Bill.

AUSTRALIA DAY AMBASSADOR

We’re delighted to announce that Mansfield Shire’s Australia Day Ambassador for 2018 is Commencing at 8.30am on 26 January Mr Dennis Banfield - a 2018, a complimentary barbecue breakfast Senior Executive with and entertainment will be held along the over 25 years’ High Street median strip in Mansfield to experience in the retail, celebrate Australia Day. franchise and not-for- Our Australia Day event will also include: profit sectors.

• entertainment by Dennis Tucker, Michael Dennis is a FOLIO Leadership Victoria Isbister and the MAD Orchestra Fellow and an Advisory Board Member • a flag raising ceremony by the Colonial for the Starlight Children’s Foundation. Re-enactment Society He is also a member of the Foundation’s • a citizenship ceremony and citizenship Corporate Sub-Committee. affirmation • the announcement of the winners of the He is a member of the Australian Institute children’s colouring competition of Company Directors, and understands (sponsored by the Mansfield Courier) how important it is to evolve these skills to continue to make valuable contributions in the corporate and not-for- profit sectors. Executive Services - Page 1 of 2 19 Mansfield Shire Council – Executive Services Department Report

Our Citizen, Senior Citizen, Young Citizen ADOPTION OF THE MANSFIELD SHIRE AMENITY, and Community Event of the Year winners ENVIRONMENT AND COMMUNITY will also be formally acknowledged. LOCAL LAW NO. 1

Australia Day celebrations will also be held Council has considered the submissions in Jamieson, commencing at 11.30am at received at its Special meeting held on 5 Brewery Bridge Reserve (Licola Road) December 2017 in relation to the Mansfield beside the Jamieson River. Shire Amenity, Environment and Community Local Law No. 1. The ceremony will include a free CFA sausage sizzle, flag raising ceremony and The outcomes of the submissions will be entertainment. formally endorsed at next month’s Ordinary meeting prior to the adoption of the new NEW COUNCIL POLICY Law (also scheduled for the February 2018 meeting). Presented to Council this month for endorsement is the new Administration of Grant Income Policy 2017. ENGAGING WITH OUR COMMUNITY

This policy has a number of intended As a result of the very successful Councillor purposes, such as: attendance at the last Mansfield Bush Market, Councillors will again be ‘manning’ • Ensure funding sought and received is a stall at the Australia Day Bush Market consistent with Council Plan objectives. event. • Facilitate forward planning of funded projects, and links with budget and the This provides an opportunity for our long term financial plan. residents and visitors to raise any issues or concerns, and for our Councillors to inform • Provide a broad oversight of grant and discuss what’s planned for our Shire in funding via the Active Grants Register. the future. • Facilitate more effective co-management of projects between Council Chief Executive Officer, Alex Green, will departments. also be in attendance.

The Policy has been established as a result of several recommendations from a Grant Management Audit held in 2015 for the improvement of grant management processes.

Executive Services - Page 2 of 2 20 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2 DEVELOPMENT SERVICES

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S)

File Number: DA6669 Responsible Officer: Acting Governance & Development Services Manager, Dawn Bray

Disclosure of Conflicts of Interest

The author of this report does not have a Conflict on Interest in this matter.

Introduction

The purpose of this report is to consider a retrospective planning permit application for use and development of the land now known as 401 Buttercup Road, Merrijig (Lot 2, PS607242S) for the purpose of earth and energy resource industry (stone extraction).

A planning permit is required to use and develop land for ‘earth and energy resources industry’ under the Mansfield Planning Scheme. For ease of readability of this report, the proposed use will be referred to as ‘extraction of stone’.

The initial retrospective permit application was received on 12 April 2016 following complaints from local residents about noise and a subsequent investigation by Council Officers.

There have been two amendments to the application since the original application was lodged with Council. The amended application submitted on 17 January 2017 is known as the current application and the subject of this report.

All Councillors have inspected the site and that two public consultation meetings have been held; one in relation to the original application and the other for this current (amended) application.

Application Details

Application Details Applicant Mr Terry Harris Proposal Use and development of the land for earth and energy resources industry (extraction of stone) Application Lodged 17 January 2017 Notice and Submissions The amended application was advertised through notice to affected parties and notices in the local paper. Forty seven (47) objections and two petitions have been received.

2121. Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Property Details Property Address 401 Buttercup Road, Merrijig Land Description Lot 2 on PS607242 Land Area 41 hectares Existing Use Vacant – used for grazing Planning Provisions Zone Farming Overlays Significant Landscape Overlay – Schedule 1 State Planning Policy Framework Clause 11.07-1 Regional Planning, Clause 11.12-1 A diversified economy, Clause 12.04- 2 Landscapes, Clause 14.03 Resource exploration and extraction Local Planning Policy Framework Clause 21.05-1 Landscapes and Clause 22.02, Design and siting guidelines in rural areas and upon significant ridgelines Particular Provisions Clause 52.08 Earth and energy resources industry Restrictive covenants Nil Permit triggers Section 2 use under Clause 35.07-1 Farming Zone Permit required for works under Clause 42.03-2 Significant Landscape Overlay - Schedule 1 Use and development of land for earth and energy resources industry pursuant to Clause 52.08-1

Executive Summary

· This application seeks permission to use and develop the land for the purposes of extraction of stone from the land for use in landscaping.

· The current application is the second amendment to the original application received for extraction of stone and is of a smaller scale in response to the quantum of objection and issues raised by local residents and ratepayers.

· The extraction area will be a maximum of 250 metres by 40 metres (up to 1 hectare) and extraction will not occur beyond 2m in depth.

· The extraction area will be located approximately 311m north of the nearest adjoining property boundary. There are 21 houses located south of the proposed extraction area within a 1 kilometre radius.

· The Minister for Energy and Earth Resources Gazetted an exemption for the extraction of stone within these parameters from the requirements of the Mineral Resources (Sustainable Development) Act 1990 on 23 December 2009. This is important in determining the appropriate land use definition and applicable provisions under the Mansfield Planning Scheme. 22. 22 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

· The Applicant estimates that around 100 loads of stone per annum will be extracted, representing around 200 hours of work per annum.

· A maximum of 2 trucks per week (ie 4 vehicle movements) for the transportation of the extracted stone are proposed.

· No processing of the material or additional development of buildings is proposed.

· The extraction area will be located downslope of the ridgeline on the northern side and is hidden from view from most of Buttercup Road.

· The Applicant agrees to the application of permit conditions relating to hours of operation, ingress and egress routes for vehicles, speed limits for vehicles along Buttercup Road and limits on the total number of loads per annum.

· After considering State and Local Planning Policy, Farming Zone objectives, Significant Landscape Overlay (Schedule 1) objectives and particular provisions in relation to earth and energy resources industries, it is recommended that a Notice of Decision to Grant a Planning Permit be issued in relation to the proposed use and development subject to conditions.

Background

Defining the land use and applicable provisions under the Mansfield Planning Scheme

Before this report deals with the details of the application, it is important to explain how the proposed use is defined in the Planning Scheme, and therefore, what the planning permit triggers are.

Clause 74 of the Planning Scheme contains the Land Use Terms used to categorise various uses.

The proposal falls within the broader land use group of Earth and Energy Resources Industry which is defined as:

Land used for the exploration removal or processing of natural earth or energy resources. It includes any activity incidental to this purpose including the construction and use of temporary accommodation.

The proposed use has been referred to as stone extraction since its lodgement. This is incorrect and an updated application form has been submitted on 9 January 2018 to address this error. It should be noted that the change in land use definition does not change the nature of the operations proposed land use, rather it ensures that the correct technical analysis is undertaken in terms of the controls of the Planning Scheme that apply to this application and that the relevant referral authorities are correctly identified.

23. 23 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

The definition for ‘stone extraction’ in Clause 74 is not applicable to this application as this definition is for proposals that are subject to the Mineral Resources (Sustainable Development) Act 1990.

The Minister for Energy and Earth Resources Gazetted an exemption for the extraction of stone with the following parameters from the requirements of the Mineral Resources (Sustainable Development) Act 1990 on 23 December 2009: · An extraction or removal of stone from any land to a depth of less than 2 metres below the natural surface, if the total of the area or adjacent areas of the surface of the land broken up by the extraction or removal is less than 1 hectare.

This exemption is confirmed by the Code of Practice for Small Quarries, developed under the Mineral Resources (Sustainable Development) Act 1990 and operational from 1 January 2010.

This means that the proposed land use is defined under the broader term of Earth and Energy Resources Industry as the proposal meets the very criteria outlined in the Minister’s Gazetted exemption.

Subject Site and Surrounding Area

The subject land is known as 401 Buttercup Road, Merrijig. It is irregular in shape and comprises of approximately 41 hectares in area.

The subject land was part of a larger holding, known as 395 Buttercup Road, however this holding has now been subdivided into four allotments. The address for the application changed between the original application in 2016 and the second amended application in 2017.

There is a current planning application for a dwelling and outbuildings on the newly created lot to the immediate west; the proposed dwelling would be located approximately 300m west of the proposed extraction area.

It should be noted that when the original planning permit application was lodged, the proposed operator of the extraction of stone business was also the owner of the land, however following the subdivision of the broader property in early 2017, this land has now been sold but with the new owner’s consent for the planning permit application to continue. This was confirmed by the receipt of an updated application form on 9 January 2018.

The land is accessed via an unnamed government road which adjoining the northern boundary. The unnamed government road in turn connects to Buttercup Road.

The land forms part of the ridgeline which runs east-west across the landscape and is visible from Buttercup Road. The subject land contains a small agricultural building and dam. It is presently used for grazing and hay production.

There a number of scattered mature native trees across the land.

The subject land has a base elevation of approximately 500m in the eastern corner and rises to 580m in the north western corner of the site.

24. 24 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Figure 1: Existing access to the subject land

Figure 2: Approximate area for extraction (trees will not be removed)

25. 25 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Figure 3: Example of the stone to be extracted

The surrounding properties are undersized Farming Zone lots which appear to have been created in the 1970’s. There are 17 small lots ranging in area from 0.3 hectares to 5.9 hectares extending along Buttercup Road to the south of the subject land. Each of these allotments contains existing dwellings and there a number of tourist accommodation facilities in this area.

Taking a broader view of the neighbourhood, there are over 20 dwellings, some of which are also used for tourist accommodation, within a 1km radius of the subject land, as can be seen in the figure below. There are other farming enterprises in the locality, primarily in the form of grazing cattle and sheep.

26. 26 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Subject site

Figure 4 Locality Map

Site Planning History

The use and development of land for the purpose of an earth and energy resources industry is a defined use in the planning scheme under Section 74.

The original retrospective planning permit application was lodged in April 2016 following investigations by Council officers resulting from complaints from local residents about the extraction of stone activity on site. Following this investigation, a letter was sent to the owner/operator of the site requesting that extraction of stone cease on 26 April 2016.

Following the receipt of over forty five objections from local residents, including a petition with several hundred signatures and consultation meeting between all parties in early July 2016, an amended application was received on 27 July 2016 reducing the active number of stone extraction sites from four to one and any point in time.

A further amended planning application was submitted on 17 January 2017 reducing the number of extraction sites to one. The location of the extraction site, although being of the same dimensions, was moved from what was originally proposed to sit to be entirely within the boundaries of the new lot created by the subdivision of the land.

Attachment 1 – Existing site conditions

27. 27 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Proposal

It is proposed to extract stone from the subject land for use in landscaping.

The proposed extraction site is shown to be a maximum of 250 metres long by 40 metres wide. It is located in the north east corner of the subject land, on the northern slope and downslope of the ridgeline on the property. The Applicant states the site has been located to face away from the majority of properties along Buttercup Road.

The amount of stone to be extracted from the site is approximately 2000 cubic metres per annum, approximately half of which will be rock pieces. The other half of the material excavated is topsoil, which is to be set aside for rehabilitation purposes. This means that approximately 1000 cubic metres of stone will be extracted in total and removed from the site. The Applicant states this is represents a maximum of 100 loads of stone per annum and approximately 200 working hours per annum.

The Applicant has stated that it is proposed to remove 20,000 cubic metres of material overall, which will provide for around 10 years of supply. The Application states around 1000m2 of land will be disturbed at any one time, not the entire extraction area.

No full time staff are proposed, rather the Applicant states that either himself or a sub- contractor will undertake the work on an “as required” basis. Further, no additional buildings are proposed on site as part of this application.

The method of extraction will be a cut and fill operation. This means that as material is extracted, the stone is set aside and the topsoil is distributed in the area extracted and the area left to naturally regenerate with grass so that in the future it can be readily slashed and managed.

The Applicant has stated that the maximum depth of extraction will not exceed 2m and as the area to be extracted will be less than 1 hectare to ensure that the proposal fits the exemptions the Minister for Energy and Resources granted in 2009.

Figure 1: Cross section of Proposed Excavation Area

28. 28 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

The operation will be conducted by a single operator within a 30 tonne tracked excavator; it is noted that the Applicant states that no explosives or chemicals are to be used.

Further, the applicant does not propose to undertake any treatment or processing of the extracted material onsite; the material is to be stored onsite and then loaded into the truck and trailer.

Hours of operation for the extraction are proposed to be 7am to 4.30pm Monday to Friday, excluding Public Holidays (see section below on Access and Truck Movements for the proposed hours of operation for trucks).

Attachment 2 - Proposed site plan

Setbacks In terms of setbacks, the plans submitted with the application show that the proposed extraction site has: · a minimum setback of 311 metres from the lot’s southern boundary; · a minimum setback of 388 metres from the cultural heritage sensitivity area which runs along Stony Creek to the east; · a setback of approximately 400 metres to the nearest residence; · an approximate minimum setback of 100 metres from the lot’s northern boundary; and, · an approximate setback of 400 metres from Buttercup Road.

Landscape Analysis As required under the Significant Landscape Overlay, the Applicant submitted a landscape analysis prepared by L. A. Garnett, landscape designer and consultant, which made the following observations: · the area of extraction is some distance from Buttercup Road and cannot be seen from that road; and, · there are a number of trees within the extraction area. The Applicant is prepared to construct a tree protection zone around each tree, 2 metres outside the dripline of each tree, consisting of a star picket and wire fence. No extraction of stone will be taken from within these areas.

Access and truck movements Access to the site will be via the unnamed government road running north of the subject land from Buttercup Road, via a newly created gravel access track constructed within the lot. It is noted that the access way crosses Stony Creek, by way of crossing a culvert constructed in recent years.

It is proposed to extract a maximum of two (2) truckloads of stone per week, resulting in a maximum of two trucks into the site and two trucks out of the site per week (4 vehicle movements per week). The Applicant states the trucks servicing the site will weigh 18 tonnes when empty and 50 tonnes when fully loaded.

29. 29 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

The Applicant proposes a ‘looped’ haulage route with entry via a left hand turn from Mount Buller Road into Buttercup Road and then onto the unnamed government road. Egress is proposed via the unnamed government road, turning right to travel west for a short distance along Buttercup Road, turning left onto Purcells Road then turning right to travel south down School Lane, with a right turn onto Mount Buller Road.

The type of truck proposed is a single truck and trailer. The applicant has submitted that truck speeds would be restricted to 30km/hr when using gravel roads, which would increase to 60 km/hr when on a bitumen road. The Applicant has stated he is prepared to ensure the trucks used are equipped with GPS capabilities that log the speed of trucks to demonstrate compliance.

Truck access is proposed to be restricted between the hours of 7:30am and 4:30pm Monday to Friday, excluding Public Holidays.

The Applicant proposes to mitigate dust emissions from operations by watering down the internal access track with a 1000 litre water tank on the bank of a ute.

A Transport Impact Assessment, prepared by onemilegrid Traffic Engineering, was submitted with the application and concludes: · the proposed use of the site is expected to generate one traffic movement per day; · the proposed access route over Stony Creek is considered acceptable, as truck and trailer axle mass limits do not exceed the capacity of the box culverts; · the sight lines at the proposed access points are considered to have sufficient distance to meet the requirements of Austroads; and, · there are no traffic engineering reasons which would preclude a permit from being issued for this proposal.

Noise An Acoustic Assessment Report, prepared by Acoustical Advisory & Consulting Services, was submitted with the application. After measuring the noise emitted from a 30 tonne excavator, the report concluded that the noise to be generated at a distance of 55 metres would be 62 dB(A). At 235 metres the noise level would be 52 dB(A). Given the distance to the nearest abutting dwelling, the report concluded that the noise generated is well within the limit of the Environmental Protection Authority (EPA) guidelines ‘Noise from Industry in Rural Victoria’ (NIRV).

Recommended noise abatement measures identified in the report include: · controlling hours of operation so that activities are only carried out during the day with no activity during the evening or night; · the trucks to be used to transport the stone should be fitted with Broadband safety beepers, which are only detectable in proximity to the vehicles; · a residential type exhaust muffler could be fitted to the excavator.

30. 30 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Drainage The Applicant states the site is currently free draining and that a berm or grading of the work site will be undertaken to divert run off from the work area. The extraction depth of a maximum of 2 metres is above the water table.

Cultural heritage Cultural heritage is a relevant issue for land use and development within an area of cultural heritage sensitivity, which in this case is 200 metres from a waterway.

The Applicant submitted a letter from Dr Justin Shiner, Australian Cultural Heritage Management (Vic) Pty Ltd, stating that the proposed extraction site was several hundred metres from this area of sensitivity and therefore a cultural heritage management plan was not required.

Mansfield Planning Scheme Context

State Planning Policy Framework (SPPF)

The relevant provisions of the SPPF which must be considered in the assessment of this proposal are outlined in this section.

Clause 11.07-1 Regional Planning strategy aims to:

Maintain and provide for the enhancement of environmental health and productivity of rural and peri-urban landscapes by:

(…) Avoiding development impacts on land that contains high biodiversity values, landscape amenity, water conservation values, food production and energy production capacity, extractable resources and minerals, cultural heritage and recreation values, assets and recognised uses.

Officer analysis Complies as: · an assessment has been undertaken on the impacts on the landscape and it is evident that the proposed stone extraction area on the northern side of the ridgeline, downslope from its peak, which runs, roughly, across the site in an east west direction. This means the proposed extraction area will not be visible from Mount Buller Road and the majority of Buttercup Road, including the dwellings located on the western side of Buttercup Road to the south of the subject site; · it is considered that the proposed stone extraction area is modest and that even when visible from the section of Buttercup Road to the east, it is not considered to adversely impact on the landscape values of the site or the broader ridgeline;

31. 31 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

· the nature of the proposal and how the stone will be extracted mean that relatively small areas will be exposed at any one time; excess topsoil will be spread over worked areas which will quickly grow grass to minimise scarring of the landscape. An inspection of the site, and areas where stone extraction has previously occurred, found that the topsoil had been replaced and pasture regrown; and, · the land is not high in biodiversity value as it is highly modified pasture.

Clause 11.12-1 A diversified economy provides the following relevant strategy:

Plan for rural areas by considering the location of earth resources, the potential for their future extraction and how to minimise impacts on sensitive uses and the environment.

Support the availability of construction materials locally and consider measures to facilitate and manage their extraction.

Maintain and develop buffers around mining and quarrying activities to manage potential land use conflicts.

Officer analysis Complies as: · State planning policy encourages the development of land for the extraction of earth resources providing adequate buffers are provided to minimise land use conflicts; · an important consideration in this application is that the buffer, which is a minimum of 311 metres to the southern property boundary adjoining small farming lots used for residential purposes, is proposed; · the proposal does not rely on buffers being provided on land not involved in the extraction activity and therefore permit conditions can ensure that the buffer is protected; and, · the extraction site benefits from being located on the far side of the ridge from residential land uses, which should serve to mitigate noise impacts to some extent.

Clause 12.04-2 Landscapes includes the following relevant objective and strategies:

To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments.

Recognise the natural landscape for its aesthetic value and as a fully functioning system.

Ensure natural key features are protected and enhanced.

32. 32 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Officer analysis Complies as: · it is considered that the landscape will not be adversely impacted by the proposed small scale stone extraction activity; · the extraction area is not considered to have a significant visual impact when viewed from any major roads or public view points; · the majority of dwellings in the neighbourhood do not have a viewline to the proposed extraction area as they are located on the other side of the ridgeline; and, · landscape buffer requirements and the protection of existing scattered eucalypts will help soften any view of the extraction site.

Clause 14.03 Resource exploration and extraction provides the following objective:

To encourage exploration and extraction of natural resources in accordance with acceptable environmental standards and to provide a planning approval process that is consistent with the relevant legislation.

Officer analysis Complies as: · State policy encourages the extraction of stone; · conditions can be placed on the permit to ensure there are no adverse environmental impacts from the land use and that rehabilitation is undertaken once the stone has been removed; and, · the proposed scale of extraction activities are considered to be small.

Clause 14.02-1 Catchment planning and management includes the following strategies:

Encourage measures to filter sediment and wastes from stormwater prior to its discharge into waterways….

Officer analysis Complies as: · conditions can be placed on the permit that mitigates effects of run off and sediment, as set out by Goulburn Murray Water.

Clause 14.03 Resource exploration and extraction includes the following objective:

To encourage exploration and extraction of natural resources in accordance with acceptable environmental standards and to provide a planning approval process that is consistent with relevant legislation.

33. 33 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Strategies under this clause include:

Planning schemes must not impose conditions on the use or development of land that is inconsistent with the Mineral Resources (Sustainable Development) Act 1990, the Greenhouse Gas Sequestration Act (2008), the Geothermal Energy Resources Act (2005), or the Petroleum Act (1998).

Planning permit applications should clearly define buffer areas appropriate to the nature of the proposed extractive uses, which are to be owned or controlled by the proponent of an extractive industry.

Buffer areas between extractive activities and sensitive land uses should be determined on the following considerations:

- Appropriate limits on effects can be met at the sensitive locations using practical and readily available technology. - Whether a change of land use in the vicinity of the extractive industry is proposed. - Use of land within the buffer areas is not limited by adverse effects created by the extractive activities. - Performance standards identified under the relevant legislation.

Officer analysis Complies as: · appropriate buffers are considered to be provided between the proposed extraction area and abutting residences; · the scale of the operation is considered to be relatively small and complies with exemptions for small operations set out by the Minister for Energy and Resources; · strict permit conditions can be applied to avoid adverse impacts on the amenity; and, · noise generated from the proposed use are considered to be within those acceptable in a Farming Zone and expert advice indicates that EPA requirements can be met.

Local Planning Policy Framework (LPPF)

The relevant objectives and policies requiring consideration in this application are predominantly associated with the protection of the landscape, as outlined below.

34. 34 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Clause 21.05-1 Landscapes provides the following objective and strategy:

To recognise and protect the environmental and landscape significance of the broader alpine approach areas.

Protect significant landscape features, large old trees, visually significant ridges and view corridors of the Shire.

Clause 22.02 is a Local Policy relating to the design and siting of development in rural areas and on significant ridgelines. The relevant objectives are:

To ensure that all buildings are designed and sited to minimise environmental and visual impacts.

To ensure that the siting of buildings does not threaten or reduce the rural capability of the land or introduce the potential for land use conflicts.

To ensure that access driveways and other earthworks are designed and sited to limit environmental impact and the impact on the visual amenity.

It is policy that:

Buildings should be unobtrusive in the landscape, be located along tree lines or topographically obscured to reduce their visual impact.

Buildings should not be sited on visually exposed ridgelines, unless the visual impact is minimised by using designs and colours that merge with, or compliment, the landscape.

Officer analysis Complies as: · the proposed extraction area is located downslope of the ridgeline and is located on the side of the slope facing away from distant viewlines to the south along Buttercup Road; · the proposed excavation area cannot be seen from the alpine approach, that is Mount Buller Road; and, · the requirement for a landscape buffer and the protection of existing significant trees will help mitigate any views of the site from surrounding properties.

Zoning and Overlays

Farming zone The subject land, and surrounding area, is zoned Farming under the Mansfield Planning Scheme. The figure below shows that all surrounding land is also in the Farming zone.

35. 35 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

The purpose of the Farming Zone includes:

To provide for the use of land for agriculture.

To encourage the retention of productive agricultural land.

To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture.

To encourage the retention of employment and population to support rural communities.

To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

Officer analysis Complies as: · when taking a broader view in terms of the range of zones across the municipality it is considered that the Farming Zone is an appropriate location for the extraction of stone; · the proposed use of the land will also not result in the use of highly productive agricultural land; and, · conditions can ensure appropriate rehabilitation and land management practices are employed on site.

36. 36 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Significant Landscape Overlay (Schedule 1)

The subject land is also covered by Schedule 1 to the Significant Landscape Overlay. The landscape character objectives to be achieved are:

Identify and protect the visual values of the landscape of state significance on the approaches to mountains and ranges, including Mount Buller, Mount Stirling, Mount Timbertop and other significant mountains.

Protect short and long distance views of Mount Buller from the Mt Buller Road, other approach roads and public viewpoints.

Avoid the visual impact of buildings and works in the landscape.

Minimise the visual impact of buildings and works by requiring setbacks from prominent visual areas, ridgelines and adjoining and nearby private land.

The relevant decision guidelines are:

The impact of the proposed buildings and works on the landscape including effect on landscape within and outside the land (due to siting, design, size, and colour and texture of external construction materials), flora and fauna, land form, heritage values, and views to the land from roads, other public viewpoints and private land.

The impact of buildings and works on views to the land from any road, public viewpoints and private land.

Officer analysis Complies as: · a site inspection, and the photos below, demonstrate that there will be no view of the proposed extraction site from Mount Buller Road or to the western end of Buttercup Road.

Ridgeline Proposed extraction area

37. 37 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Figure 4: View from the highest point in the extraction area.

Figure 5: View south of the proposed extraction area. Note the extraction area is on the other side of the ridgeline

38. 38 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Figure 6: View from Buttercup Road with extraction area on the other side of the ridgeline

39. 39 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Figure 7: View from Buttercup Road with extraction area on the other side of the ridgeline

Particular Provisions

Pursuant to Clause 52.08-1 of the Mansfield Planning Scheme a planning permit is required to use and develop land for earth and energy resources industry. The purpose of this clause relevant to this particular application is:

To encourage land to be used and developed for exploration and extraction of earth and energy resources in accordance with acceptable environmental standards.

To ensure that planning controls for the use and development of land for the exploration and extraction of earth and energy resources are consistent with other legislation governing these land uses.

40. 40 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Officer analysis Complies as: · given the small scale of the extraction and the proposed rehabilitation of the site, it is considered that permit conditions can ensure appropriate environmental management can be achieved; · the parameters of the application, which can be reinforced by conditions, can ensure compliance with Ministerial exemptions for small scale extraction of stone.

Consultation

Referrals and Responses

Section 55 of the Planning and Environment Act 1987 requires referrals to authorities that may have an interest in an application.

In turn, Clause 66 of the Mansfield Planning Scheme identifies a range of referral authorities relevant to this application. It should be noted that there are two types of referral authorities; determining authorities where an objection must lead to a refusal and all requested conditions must be placed on any permit issued, and secondly recommending authorities whereby advice and conditions are to be considered by the Responsible Authority when making a decision.

Referrals Type of Determining or Response referral Recommending Authority Goulburn-Murray Water Section 55 Determining authority No objection. (GMW) for the special water Conditions. supply catchment area VicRoads Section 55 Determining authority No objection. for uses which impact No conditions. on traffic along main roads EPA Victoria Section 52 Referral sent as a No objection. courtesy as the authority Conditions. may have some interest in the proposal Heritage Victoria Section 52 Referral sent as a No objection. courtesy as the authority No conditions. may have some interest in the proposal Department of Section 52 Referral sent as a DEDJTR Economic courtesy as the authority requested further Development, Jobs, may have some interest information but Transport and in the proposal did not respond Resources once this was provided.

41. 41 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Referrals Type of Determining or Response referral Recommending Authority Ausnet Services Section 52 Referral sent as a No comment. courtesy as the authority may have some interest in the proposal Council’s Engineering Internal No objection. Department team referral Conditions. Council’s Tourism & Internal No comment. Economic referral Development team

Advertising

The original application was advertised to 24 surrounding land owners, however this amended application was sent to these owners as well as all submitters to the original planning permit application.

In total 47 objections were received, along with two petitions, one of which has several hundred signatories. Under section 57A (7)(b) of the Planning and Environment Act 1987, all objections to the original application are valid for the amended application.

A consultation meeting, attended by three Councillors, the Applicant and 22 submitters, was held on 26 September 2017.

The matters raised by the objectors at the consultative meeting were: · The subject land is within a rural living context · The proposal will result in unacceptable amenity impacts · The petition was signed by over 600 people · The proposal is contrary to the decision guidelines of the Farming Zone and Schedule 1 to the Significant Landscape Overlay · The proposal will create noise, dust and vibration · The proposal is incompatible with surrounding land uses · The proposal will impact on tourist uses · Inconsistencies within the Transport Impact Assessment Report · Noise created by reversing beepers · Impacts on Buttercup Road.

The Applicant also detailed the proposal and submitted the following: · The stone resource is only found within the first 1.5m · A maximum of 100 truck and trailers per year will access the site · Hours of operation will be 8:00am to 5:00pm, five days a week · A truck and trailer can be filled within one hour; this will limit noise impacts · A maximum of 200 hours of extraction would occur per year

42. 42 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

· No operations will occur on weekends and Public Holidays · He will limit truck speeds to 30km/h along Buttercup Road · The site will have a 10 year life span · The driver of the truck and trailer will load the truck.

No agreements were reached at the consultative meeting.

Further correspondence has been received from two submitters in relation to concerns arising out of the consultative meeting, including: · Mr Harris said he was now the applicant, however the application form states it is Carson Simpson · Queries around the correct address for the land given the recent subdivision of land · Concerns that the new owner of the subject land may not have consented to the application · Concern that the Transport Impact Assessment was not sent to VicRoads with their referral · Concern that the hours operation and number of truck movements outlined by Mr Harris differed from the application · Concern about traffic impacts on School lane due to the proposed route of trucks exiting the site and potential amenity and stock movement impacts.

In response to the above, an updated application form was received on 9 January 2018 nominating Mr Terry Harris as the Applicant. The change in applicant is due to the former consultant, Carson Simpson, having semi-retired and sold his firm. The form indicates that the owner of the land has been informed of the application, which is what is required to satisfy the Act. The correct address of the land is 401 Buttercup Road, which is reflected on the application form and all future correspondence.

The Transport Impact Assessment was referred to VicRoads in November 2017, however no response has been received to state that they have changed their views on the application. Their referral response therefore stands.

The truck movements outlined in this report, and the proposed conditions in the Recommendation, are based on the written application, not verbal comments made at a Consultative Meeting. This is because the written application must form the basis of this decision, as it has been advertised and referred in this form.

Traffic impacts on School Lane have been assessed by Council’s Engineering Department. Further, extensive notification was undertaken of the amended application by way of notices in the local paper and to all submitters to the first application. This consultation meets the requirements of the Act. It is also noted there has been significant coverage of this application in local media, therefore the community awareness of this application is considered to be high in the locality.

43. 43 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Grounds for Objection

The objections to the proposed development are summarised in the table below along with a response.

Objection Officer Response The proposed extraction of stone An Acoustic Assessment Report was prepared by Acoustical Advisory will generate noise which will & Consulting Services. The report concluded that the noise to be adversely impact the amenity of generated from the use of a 30 tonne excavator at 55m away would be surrounding residents 62 dB(A) and with no line of sight between the extraction activity and the nearest dwelling would be <46dB(A).

Bearing in mind the closest boundary with a lot containing a dwelling is located approximately 311m from the proposed extraction area. The Acoustic expert concluded, therefore, that the predicted noise levels are well within the EPA guidelines Noise from Industry in Rural Victoria (NIRV), which states the noise levels should be a maximum of 46dB(A).

The EPA has requested that a condition be placed on any permit issued requiring compliance with this NIRV to ensure ongoing compliance.

It is considered that noise emissions will also be reduced by the fact that the proposed extraction area will be on the northern side of the ridgeline; this will direct noise to the north and will minimise noise level emitted to the south where the majority of the residential dwellings are located.

With the inclusion of condition restricting hours of operation and a limitation of only one excavator working on the land at any one time and the fitting of broadband beepers to trucks, noise levels can be further reduced to protect the amenity of the area.

It must also be remembered that the subject land is zoned Farming and the emission of noise, along-with dust, traffic and light emissions, is considered to be acceptable.

It would be unreasonable to expect that the Farming Zone does not create unreasonable impacts. However, in this current application what must be balanced is the need for existing dwellings to be protected of their amenity and the need, or desire, to undertake stone extraction which is a suitable use in the Farming Zone.

It is considered that the Applicant has provided evidence that the proposal can comply with the relevant EPA guidance.

44. 44 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Objection Officer Response The use of heavy trucks on Council’s Engineering Department have reviewed the proposal, the Buttercup Road is unacceptable Traffic Impact Assessment Report prepared by One Mile Grid and the due to dust and poor road information provided by the Merrijig Residents Action Group. conditions in winter. The Engineering Department did not consider an onsite traffic count analysis to be warranted given 4 traffic movements were proposed per week.

The traffic count data for Buttercup Road does not well represent long term traffic data and the road experiences greater traffic numbers, however that the proposed four truck movements (4 per week) and limit of 208 movements per annum is acceptable.

To minimise the impacts of dust the Engineering Department recommends the imposition of a condition requiring that trucks do not exceed 50km/h along Buttercup Road, Purcells Road and School Lane. This can be enforced by requiring that trucks are fitted with GPS and if it suspected that trucks are breaching the speed limit the operator must provide Council the GPS data for review.

A breach of a planning permit condition can be dealt by Council through the issuing of a Planning Infringement Notice or Enforcement Order through the Victorian Civil and Administrative Tribunal (VCAT).

The condition to be imposed to minimise impacts on the road condition in wet periods would prohibit truck movements along Buttercup Road, Purcells Road and School Lane when more than 20mm of rain has fallen within the preceding 24 hours. The proposed extraction of stone is The scale of the proposed extraction of stone is considered to be an an incompatible use for the area. appropriate use within this zone, however, any decision must consider amenity impacts. Therefore, Council must be satisfied that the proposed extraction of stone, and any offsite impacts, can be controlled by conditions on the planning permit.

Overall, given the small scale of the proposed extraction and the willingness of the operator to accept conditions restricting the use of the land, it is considered that the proposed use would not result in adverse amenity impacts.

It should be noted that a Farming zone is often subject to noise from farming machinery and heavy vehicles, such as stock vehicles, and that on balance the scale of activity for the stone extraction would not be significantly above and beyond that which would be expected if the land were actively farmed.

45. 45 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Objection Officer Response The intersection with Buttercup VicRoads and Council’s Engineering Department has considered the Road and Mount Buller Road is not intersection at Buttercup Road and Mount Buller Road to determine suitable to accommodate the whether the intersection is safe for the proposed trucks. The sight line proposed trucks. Recommended distances from the intersection looking east down Mount Buller Road sight lines adopted by VicRoads is 210 metres, while to the west it is 200 metres. cannot be met. Given that the Applicant is proposing, and suggested conditions require, a looped ingress and egress route, this means no trucks will be egressing Buttercup Road into Mount Buller Road (rather they will be egressing via School Lane to the south east). Compliance with sight distances is not considered to be a reason to refuse the application.

Neither VicRoads nor the Engineering Department have objected to the use of Buttercup Road for ingress or Buttercup Road/Purcells Road/School Lane for egress. Buttercup Road has an insufficient The submission by the Merrijig Residents Action Group questioned width to accommodate the ability of local roads to cater for large trucks. proposed trucks. Council’s Engineering Department considered the existing road conditions to be satisfactory for the proposed, low number, of truck movements. With a maximum of 4 truck movements proposed per week the impact on existing traffic along Buttercup Road would be minimal and certainly not sufficient to warrant any upgrades to the road. A condition is suggested to ensure that the number of truck movements is kept to this number.

Council does not have the power to require an applicant to upgrade a road given the relatively small impact on traffic movements along the unmade roads. If any upgrades are required to the road then these would need to be paid for by Council in the same manner that Council maintains other government roads within the Shire. The proposed extraction of stone There are a number of tourism facilities in the surrounding area. The will affect the tourist uses within the protection of the amenity of these facilities requires the same area. consideration as surrounding dwellings.

It is acknowledged that the tourism industry is a major contributor to the economy of the Shire and Council must ensure that proposed uses do not compromise the viability of this industry. Therefore, Council must be satisfied that the proposed extraction of stone will not impact on these uses.

It is submitted that the possible impacts can be mitigated through conditions of the planning permit, including limiting hours of operation to daylight hours on weekdays only, and no use on public holidays. It is noted these are the times proposed by the Applicant.

Further, the very small scale of the proposed extraction will also assist in minimising any offsite impacts.

46. 46 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Objection Officer Response The proposed extraction of stone A number of submissions raised concerns regarding the potential for will pose an unacceptable fire risk the proposed land use to increase the bushfire risk to the area. to the area. The original application was referred to the Country Fire Authority (CFA) and their response was that the proposal will not pose a bushfire risk to the surrounding area and no additional conditions are required on any planning permit issued. The proposed extraction site will be The proposed extraction site will be located on the northern side of the visible from nearby dwellings. ridgeline, downslope from the crest. Therefore, the proposed extraction area will not be visible from any dwellings located along Buttercup road on the western side of the unnamed Government access road.

It may be that the proposed site is visible from dwellings along Purcells Road, however, that in itself does not mean that it is inappropriate.

The proposed operation will be relatively small and the worked area will barely be visible from the broader landscape, particularly given the retention of mature trees on the subject site and the requirement for a landscape buffer. The permissible truck movements Truck movements can be enforced by requiring trucks to be fitted with will be difficult to enforce. GPS units which are automatically logged.

If there is any dispute the GPS data can be reviewed. Further, a condition is suggested to ensure that these logs be provided on an annual basis, and also within 7 days of the Operator receiving a written request from Council to do so.

Similar conditions exist on planning permit issued for water extraction in other municipalities and are reported to work effectively. The proposed extraction of stone This issue has been discussed at length under the Mansfield Planning will impact the landscape character Scheme Context section of this report. of the area. In summary, the proposed excavation site will not be visible from Mount Buller Road of Buttercup Road. The proposed extraction site will be located on the northern side of the ridgeline, facing away from properties to the west on Buttercup Road. Further, protection of the landscape can be achieved by requiring the planting of a landscape buffer around the perimeter of the proposed extraction area. The proposed extraction site will be After conducting a thorough site inspection it has been concluded that visible from the Mount Buller Road. the proposed extraction site will not be visible from the Mount Buller Road. The proposed extraction may lead The application was referred to GMW to consider erosion, to erosion, sedimentation and sedimentation and impacts on waterways. GMW is satisfied that any impact on waterways. impacts can be minimised through the inclusion of conditions on the planning permit.

Officer Assessment

In considering the merits of this application Council must weigh up the objectives of various provisions in the Planning Scheme, which encourage earth resource development, the protection of the amenity of the surrounding area and the application of appropriate environmental management practices.

47. 47 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

This application has generated a significant amount of interest from a range of landowners and occupiers predominantly concerned with the possible impacts of the proposed extraction of stone on the residential amenity of the area. Concerns were also raised with the possible impacts on the landscape due to the Significant Landscape Overlay that covers the subject land.

The amenity impacts raised predominantly relate to visual impacts, noise, dust, vibration and truck movements. In considering these impacts it must be remembered that this proposal is very small – so small that it is exempt from having to require a Works Approval under the Mineral Resources (Sustainable Development) Act 1990. Conditions can ensure that the operations on site are within these parameters.

The extraction operations will only require the use of one 30 tonne excavator and one truck and trailer. Only four truck movements are proposed each week, two full truckloads of stone each week, which will minimise impacts on traffic flow along Buttercup Road and also impacts on the road. The proposal will not require any blasting which minimises vibration and noise impacts. In addition, the hours of operation will be restricted to weekdays, with no operations permitted on declared Public Holidays. No evening or night time operations are permitted.

Having considered the nature of the proposal it is submitted that the concerns of the submitters and possible amenity impacts can be effectively managed through conditions on the planning permit.

It must also be said that it is unreasonable to expect in the Farming Zone that there will be no noise, dust, vibration or traffic. Indeed, active farming of the land would result in these very things. Overall, it is considered that the Farming Zone is the most appropriate of all the zones, that impact on privately owned land, for the proposed extraction of stone.

The protection of the landscape character is a key consideration in the assessment of this application due to the Significant Landscape Overlay.

As discussed, the location of the proposed extraction area greatly assists in reducing the impact to the landscape. The proposed extraction area will be located on the northern side of the ridgeline which means it will not be visible from Mount Buller Road, Buttercup Road or the dwellings on the western end of Buttercup Road. Further, the size of the proposed extraction site is such that its impact on the landscape, if it was visible, would be minimal. To prevent any possible impacts a condition will be imposed requiring a landscape buffer around the perimeter of the extraction area.

In conclusion, the proposed development is supported by State and Local planning policies, the use is an appropriate one within the Farming Zone and due to the very small scale of the extraction of stone, a Notice of Decision to Grant a Permit should be issued. To minimise any impacts on the amenity of the area conditions are recommended to be included and monitored by Council.

48. 48 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Cr Sladdin moved the following motion. There was no seconder.

That Council resolve to approve Planning Permit Application P049/16 for Use and Development of Land for Earth and Energy Resources Industry (extraction of stone) at 401 Buttercup Road, Merrijig (Lot 2, PS607242S) and issue a Notice of Decision to Grant a Permit subject to the following conditions:

Plans Required 1. Before the use and development commences amended plans must be submitted to the satisfaction of, and approved by, the Responsible Authority. When approved, the plans will be endorsed and form part of the permit. The plans must be drawn to scale, with dimensions, and be generally in accordance with the plans submitted with the application but modified to show:

a. a site plan depicting the location and nature of drainage works to control run off and sediment loss from the excavation site, in accordance with Condition 30. b. a landscape plan for a landscape buffer around the perimeter of the extraction area and the identification of Tree Protection zones in accordance with Condition 38. c. a Rehabilitation Plan in accordance with Condition 40; d. plans for the internal access road in accordance with Condition 26.

Endorsed Plans 2. The use and development must be in accordance with the endorsed plans forming part of this permit and must not be altered without the prior written consent of the Responsible Authority.

Layout Not Altered 3. The layout of the land, and the proposed works as shown on the endorsed plans, must not be altered or modified (whether or not in order to comply with any Statute, Statutory Rule or Local Law or for any other reason) without the prior written consent of the Responsible Authority.

Expiry of Permit 4. The permit for the use and development of the land for earth and energy resources industry (extraction of stone) will expire 10 years from the date of issue of this permit.

The Responsible Authority may extend the permit if a request is made in writing before the permit expires or within 6 months afterwards in accordance with section 69 the Planning and Environment Act 1987.

49. 49 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Land Use and Operation Parameters 5. The hours of operation for the extraction of stone is limited to 7am to 4.30pm Monday to Friday only. The use shall not operate on a declared Public Holiday or on Saturdays and Sundays.

6. The extraction area must not exceed 1 hectare in total and the depth of excavation not exceed 2 metres.

7. An area not exceeding 20 by 50 metres (1000m2) can be excavated at any one time.

8. The only excavation method to be employed to extract the stone is to be cut and fill. No chemicals, explosives or other methods are to be used to extract the stone at any time.

9. No treatment or processing of the stone may be undertaken on the site.

10. Only one excavator may be in operation at any one time.

11. The excavator used in the extraction of stone must be fitted with a residential muffler to minimise noise emissions to the satisfaction of the Responsible Authority.

12. The use and development must be managed so that the amenity of the area is not detrimentally affected through the emission of dust.

13. All trucks accessing the site for the purpose of carting the extracted stone shall be fitted with broadband beepers to the satisfaction of the Responsible Authority.

14. The operators’ cars and all vehicles associated with the approved use must be parked on the subject land.

Vehicle access and movements 15. Truck movements on Buttercup Road, Purcells Drive and School Lane associated with the approved use must not exceed 4 per day (2 return trips) or 208 per annum (104 return trips), unless with the prior written consent of the Responsible Authority.

16. All trucks associated with the approved use must be fitted with a GPS system that automatically logs truck movements and the speed of vehicles to the satisfaction of the Responsible Authority.

17. The logs of truck movements and speeds required under Condition 16 must be submitted to Council each year on the anniversary of the date of commencement of the use.

50. 50 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

18. Trucks may only access the site for the collection of stone between 7.30am and 4.30pm Monday to Friday. No trucks may collect stone from the site on a declared Public Holidays.

19. Trucks must only gain access to Mount Buller Road by exiting the site by turning right onto Buttercup Road, left onto Purcells Road, right onto School Lane and right onto Mount Buller Road.

20. Trucks accessing the site for the purpose of collecting the extracted stone are limited to travelling 50 km/hr when travelling along the unnamed Government access road, Buttercup Road, Purcells Road and School Lane.

21. Trucks accessing the site for the purpose of collecting extracted stone must be fitted with GPS capabilities that record travelling speeds to the satisfaction of the Responsible Authority.

22. Data logs of all vehicle movements and speeds must be uploaded onto a publically accessible website, with contact details of the Operator to receive complaints from the public.

23. Dust must be suppressed from the unnamed Government Access road connecting to Buttercup Road and the internal access road on the subject land by watering down these unmade roads on an as needs basis to the satisfaction of the Responsible Authority.

24. No trucks shall travel on Buttercup Road, Purcells Road or School Lane if more than 20 millimeters of rain has fallen in the area within the preceding 24 hours to the satisfaction of the Responsible Authority.

25. Access to the extraction area must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles. The road must be formed and drained to avoid erosion and to minimise disturbance to surrounding land to the satisfaction of the Responsible Authority.

26. A typical cross section and construction details shall be provided to the Responsible Authority prior to the commencement of works.

27. No additional crossings are permitted to be constructed unless approved by the Responsible Authority.

28. Prior to the commencement of the use, the existing crossing shall be upgraded in accordance with SD255 of the Infrastructure Design Manual (refer www.designmanual.com.au) to the satisfaction of the Responsible Authority.

29. Prior to the commencement of the use, a Works Within a Road Reserve Permit application, including plans, must be submitted to the satisfaction of, and approved by, the Responsible Authority. 51. 51 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

Drainage 30. Prior to the commencement of the use an on-site stormwater treatment facility designed to capture run off and remove suspended solids (silt, sand, gravel etc) shall be installed to the satisfaction of the Responsible Authority.

31. No interrupted overland flows resulting from the works must be allowed to impact on adjacent properties.

32. No concentrated stormwater shall drain or be discharged from the subject land onto adjoining properties.

Tree Protection Zones and Landscaping 33. No vegetation removal is permitted.

34. Tree protection barriers consisting of star pickets and wire fencing shall be constructed around each of the existing trees within the stone extraction area prior to the commencement of stone extraction operations to delineate a Tree Protection Zone.

35. No excavation or works are permitted within the Tree Protection Zone at any time.

36. The tree protection barriers required under Condition 34 are to be a minimum of 2 metres outside of the dripline of each tree.

37. The tree protection barriers are to be maintained to the satisfaction of the Responsible Authority.

38. Before the use and development starts a landscape plan to the satisfaction of the Responsible Authority must be submitted to the satisfaction of, and approved by, the Responsible Authority.

When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale and three copies must be provided. The plans must show:

a) Existing vegetation on the site, including canopy trees and shrubs;

b) A landscape buffer with a minimum width of 3 metres around the perimeter of the proposed excavation area.

c) Tree Protection Zones as specified under Conditions 34 and 36.

d) Means of watering the landscaped area.

e) All species proposed to be planted in the landscaped area must be indigenous to the area. 52. 52 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

f) A Planting Schedule (in table format) of all proposed trees and shrubs, including botanical names, common names, pot sizes and quantities of each plant. The Planting Schedule predominantly using species selected from the “Revegetation Guide for the Goulburn Broken Catchment” relevant to the subject site. Landscaping in accordance with this approved plan and schedule shall be completed before the use commences and thereafter maintained to the satisfaction of the Responsible Authority.

Asset Protection 39. Maintenance works to Buttercup Road, Purcells Drive and School Lane must be undertaken at the expense of the permit holder if, in the opinion of the Responsible Authority, truck movements associated with the approved use have damaged these roads.

Rehabilitation of Land 40. Prior to the use and commencement of works a Rehabilitation Plan for the extraction area must be submitted to the satisfaction, and for the approval of, the Responsible Authority. The Rehabilitation Plan must include, but not be limited to:

a) Existing conditions and significant trees; b) The objective of the end use (eg farming, agriculture); c) Progressive rehabilitation methodology of disturbed areas; d) Staging and timing of rehabilitation.

41. The use and development must be undertaken in accordance with the approved Rehabilitation Plan to the satisfaction of the Responsible Authority.

Goulburn Murray Water conditions 42. Ongoing sediment control principles must be used to ensure sediment cannot be transported off-site particularly during rainfall events.

43. A diversion band or drain must be constructed upslope of the extraction pit to ensure runoff does not flow through the pit and carry sediment offsite. All construction and ongoing activities must be in accordance with sediment control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (Environment Protection Authority 1991).

44. All back fill will be returned to the extracted quarry in a way that reassumes the natural drainage of the site. The material must be revegetated upon return to the extraction pit.

53. 53 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.1 Planning Permit Application P049/16 - Use and Development of Land for Earth and Energy Resources Industry (Extraction of Stone), 401 Buttercup Road, Merrijig (Lot 2, PS607242S) cont.

45. Application must be made to Goulburn Murray Water prior to construction of any dams on the subject land. A licence must be obtained where surface or groundwater supplies are taken and used for commercial or irrigation purposes including dust suppression.

46. The extraction area must be located at least 100m from all waterways.

Environment Protection Authority conditions 47. Nuisance dust must not be discharged beyond the boundaries of the premises.

48. Noise emitted from the premises must not exceed the recommended levels as set out in Noise from Industry in Regional Victoria (NIRV; EPA Publication 1411, 2011) or as amended.

49. Any direct or indirect discharge to a watercourse must not exceed the water quality objectives from the State Environmental Protection Policy (Waters of Victoria), and must not cause pollution.

The motion lapsed for want of a seconder

Councillors Attley/Olver

That Council issue a Notice of Refusal to Grant a Planning Permit (P049/16) for the Use and Development of Land for Earth and Energy Resources Industry (extraction of stone) at 401 Buttercup Road, Merrijig (Lot 2, PS607242S) based on the grounds that the application fails to meet:

1. The objectives and strategies outlined in clause 21.05-1 Landscapes as the proposed extraction site is located in an elevated position within the landscape. 2. The objectives of clause 22.02 Design and siting guidelines in rural areas and upon significant ridgelines given potential visual impacts. 3. The objectives of Significant Landscape Overlay (Schedule 1) as it fails to avoid visual impacts of buildings and works in the landscape. 4. The decision guidelines under clause 35.07-6 Farming Zone as the proposed use and development is not compatible with adjoining and nearby land uses. 5. Objectives of the Mansfield Planning Scheme in terms of protecting and enhancing amenity. Carried

54. 54 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

ATTACHMENT 10.2.1

PLANNING PERMIT APPLICATION P049/16 - USE AND DEVELOPMENT OF LAND FOR EARTH AND ENERGY RESOURCES INDUSTRY (EXTRACTION OF STONE), 401 BUTTERCUP ROAD, MERRIJIG (LOT 2, PS607242S)

(2 PAGES)

55. 55 56 57 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

6.48pm SUSPENSION OF STANDING ORDERS Councillors Attley/Sladdin

That Council suspend standing orders. Carried

6.55pm RESUMPTION OF STANDING ORDERS Councillors Westendorp/Olver:

That Council resume standing orders. Carried 10.2 DEVELOPMENT SERVICES CONT.

10.2.2 Planning Scheme Amendment C36 Domestic Wastewater Management Plan – Recommendations of the Planning Panel

File Number: E3498 Responsible Officer: Senior Strategic Planner, Kathy Richardson

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in relation to this matter.

Introduction

This report outlines the recommendations of the Planning Panel report for Planning Scheme Amendment C36. The amendment seeks to embed the Shire of Mansfield Domestic Wastewater Management Plan 2014 (DWMP) in to the Mansfield Planning Scheme through a local policy, two revised Environmental Significance Overlay Schedules and a revision of clause 66.04 with regard to the referral of permit applications.

In summary, the amendment as proposed by Council is supported by the Panel and its recommendation is that C36 be adopted subject to some post exhibition changes agreed to by all parties.

A decision is required by Council in regard to the next step in the amendment process following consideration of the recommendations expressed by Panel in its report.

Background

Amendment C36 seeks to embed the planning actions of the DWMP into the Mansfield Planning Scheme through a more refined risk based assessment process to what is currently reflected in the scheme. The amendment proposes to apply a Local Planning Policy at clause 22.04 Managing water quality in special water supply catchments and two revised schedules at clause 42.01 Environmental Significance Overlay (ESO) to address high and medium risk locations. The external referral requirements for planning applications at clause 66.06 Referral of permit applications to Goulburn Murray Water and Goulburn Valley Water have also been clarified.

5858. Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.2 Planning Scheme Amendment C36 Domestic Wastewater Management Plan – Recommendations of the Planning Panel cont.

The amendment was placed on exhibition from 20 April 2017 to 1 June 2017. Public notice was extensive and community consultation was robust. A total of nine submissions were received. Seven of these were supportive and two partially opposed. Council’s strategic planning staff met on two occasions with the submitters and Goulburn Murray Water to address the submitters concerns. Many of these concerns were addressed through changes to the exhibited controls which consequently formed part of Council’s submission to Panel.

At Council’s Ordinary Meeting of 19 September 2017 Council resolved to refer the submissions to a Planning Panel appointed by the Minister for Planning. The purpose of a Panel hearing is to consider submissions and make recommendations back to Council. Council then has the discretion as to how it then proceeds with an amendment.

A Panel Hearing was held on 17 November 2017. Council presented its submission and the two submitters partially opposed to the Amendment were given the opportunity to speak to their submissions. Goulburn Murray Water presented in support of the amendment.

A Panel Report was received by Council on 15 December 2017. Pursuant to section 26 of the Planning and Environment Act 1987, Council is able to restrict public access to the Panel Report for a period of twenty eight days from its receipt but has the discretion to release the report to the public earlier. The report was made publicly available on 8 January 2018.

In its deliberations the Panel Report finds that the Amendment is strategically justified and that many of the issues raised by the submitters are outside the scope of the Amendment. The Panel Report provides a detailed discussion of the Amendment, the issues raised by the submitters and Panel’s response and recommendations (see Appendix A). These are outlined as follows:

· Alternative mechanisms for oversight of wastewater issues Submitters argued that the issuing of building permits and septic tank permits is sufficient to safeguard water quality. Council submitted that the planning system is broader in its scope than the building and environmental health systems and that under the State Planning Policy Framework it is charged with a broad range of water quality protection roles.

The Panel concludes that the implementation of the Wastewater Plan through the Amendment, as proposed by Council and as required by the Guidelines, is appropriate.

· Streamlining of permit exemptions and referral requirements This part of the Amendment included some post exhibition changes to the ESO schedules to exempt lots of 40 hectares or more and other low risk situations and amended the schedule to clause 66.04 to reflect this.

59. 59 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.2 Planning Scheme Amendment C36 Domestic Wastewater Management Plan – Recommendations of the Planning Panel cont.

The Panel supports this in its recommendations.

· Drafting matters A suite of minor drafting changes to the exhibited planning controls were put to Panel in order to create more consistent language and grammar. Post Panel additional changes were proposed to the ESO’s to make them compliant with the new Ministerial Guidelines.

The Panel supports the changes in its recommendations.

There are three options available to Council with regard to the ongoing processing of Amendment C36. These are: a) the amendment can be abandoned; or b) the amendment can be submitted to the Minister for Planning as submitted by Council to the Panel with changes in accordance with all or some of the submitters issues; or c) the amendment can be submitted to the Minister for Planning as submitted by Council to the Panel.

Given that the Panel Report is supportive of the Amendment as submitted to Panel, it is officer recommendation that the Amendment in this form progress to the Minister for Planning for approval.

Statutory Requirements

Pursuant to the Planning and Environment Act 1987 Section 12(2)(A) Ministerial Direction No.15 The Planning Scheme Amendment Process, Council is required to make a decision on a Panel report within 40 business days of its receipt. The report was received on 16 December 2017. An exemption to this may be granted by the Minister for Planning.

Section 27 of the Act requires Council to consider the panel’s report prior to deciding whether or not to adopt the amendment.

If adopted, the amendment must be submitted to the Minister for approval. In turn the Minister may approve an amendment, or part of an amendment, with or without changes or can refuse to approve the amendment.

An amendment comes into operation once the notice of approval is published in the Government Gazette, or any date specified in the notice.

60. 60 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.2 Planning Scheme Amendment C36 Domestic Wastewater Management Plan – Recommendations of the Planning Panel cont.

Council Plan

The previous Council Plan 2014-2017 made no specific mention of the DWMP or its implementation into the planning scheme but broadly covered it through Theme 4 – Improving Our Built and Natural Environment and one of its goals being that “Council having strong partnerships with land and water management agencies.”

Again, the current Council Plan doesn’t make specific mention of the implementation of the DWMP or Amendment C36, however, it does fit broadly with Strategic Direction Four- Enhanced liveability and more specifically Strategic Objective 4.3 - Our community proactively manages its health and wellbeing and Strategic Objective 4.4 - We have strong policy and decision making frameworks in place to protect and enhance the unique character of our Shire for future generations. Ultimately the DWMP is focused on catchment health and therefore community health. The planning controls proposed by Amendment C36 will provide a strong policy and decision making framework within the Mansfield Planning Scheme to manage the issues outlined in the DWMP for ongoing catchment health.

Financial

Funding was allocated in the Strategic Planning budget for an anticipated Panel Hearing. Officer time to review the Panel report and finalise the amendment process are part of operating costs for the Strategic Planning Unit.

Social

The amendment addresses potential public health risks to recreational users and irrigation customers of Lake Eildon and Lake Nillahcootie from inadequately treated wastewater entering the water, and seeks to ensure that water sourced for drinking water supplies is of an acceptable quality.

Environmental

The amendment introduces planning provisions to better manage the risks to public health and the environment from pathogens, nutrient loads and sediment caused by development that generates wastewater and concentration of stormwater runoff.

The provisions included in the proposed controls seek to protect the delicate riparian, riverine and aquatic environment in Mansfield Shire.

Economic

The long term health of Mansfield’s water ways is important to water based tourism in the Shire. Tourism is the Shire’s largest industry and negative impacts such as decreases in water quantity or quality are felt by many of the providers of accommodation and hospitality.

61. 61 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.2 Planning Scheme Amendment C36 Domestic Wastewater Management Plan – Recommendations of the Planning Panel cont.

Risk Management

The amendment will assist in ensuring that development related risks to water quality across potable water catchments will reduce over time.

Community Engagement

Community engagement to date is outlined in the Background section earlier in this report. No further community engagement is required.

Officer’s Comments

Approximately 95% of Mansfield Shire is located in an open, potable water supply catchment. Due to the risks to public health from the discharge of contaminated run-off and wastes into waterways and water storages, use and development should be sited and managed to protect the quality of water collected from the catchment. As Lake Nillahcootie and Lake Eildon and many of the Shire’s waterways are also used for recreational pursuits and drinking water up take to Mansfield Township, water quality is also an issue beyond the downstream use of Eildon’s water supply for drinking water.

Land held in private ownership within this catchment is not directly controlled by the water authorities or responsible authority without the use of strategic and statutory planning processes to influence development and land use through appropriate planning provisions. The provisions of Amendment C36 give the responsible authority and the water authorities the ability to place requirements for development into the planning scheme particularly in relation to setbacks to waterways, earthworks, vegetation removal and some agricultural uses.

The amendment also provides strategic direction and references the DWMP document into local policy which gives it weight in a decision making appeal forum. The requirements of a Land Capability Assessment for high, medium and low risk will be expressed through the local policy and will be graded to respond to the science behind the DWMP and the relevant information needed to make an assessment accordingly.

The proposed controls will provide the necessary checks and balances for catchment health to be expressed through the Mansfield Planning Scheme. The controls have been through a rigorous and robust review and exhibition process. The issues of the submitters who were not supportive of the exhibited controls have been heard and their issues addressed through changes to the exhibited controls where thought to be reasonable and beneficial to the reading and workings of the controls. The controls will provide a suitable planning response to the DWMP and the health of the catchment and that the community will benefit from their implementation.

It is the officer recommendation that the Amendment as submitted to Panel be progressed to the Minister for Planning for approval.

62. 62 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.2 Planning Scheme Amendment C36 Domestic Wastewater Management Plan – Recommendations of the Planning Panel cont.

Councillors Sladdin/Attley:

That Council: a) Having considered the Panel Report, adopts Mansfield Planning Scheme Amendment C36 as exhibited but with the inclusion of the Panel’s recommendations, as outlined in Appendix A, pursuant to section 29 of the Planning and Environment Act 1987; b) Submits the adopted Mansfield Planning Scheme Amendment C36 to the Minister for Planning, as per section 31(1) of the Planning and Environment Act 1987, requesting the approval of Amendment C36 under section 35 of the Planning and Environment Act 1987. c) Inform in writing all submitters of the adoption of the amendment by Council. Carried

63. 63 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

ATTACHMENT 10.2.2

PLANNING SCHEME AMENDMENT C36 DOMESTIC WASTEWATER MANAGEMENT PLAN – RECOMMENDATIONS OF THE PLANNING PANEL

(41 PAGES)

64. 64 Planning and Environment Act 1987

Panel Report Mansfield Planning Scheme Amendment C36 Mansfield Domestic Wastewater Management Plan

15 December 2017

65

Planning and Environment Act 1987 Panel Report pursuant to section 25 of the Act Mansfield Planning Scheme Amendment C36 Mansfield Domestic Wastewater Management Plan 15 December 2017

Jennifer Fraser, Chair

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Contents Page 1 Introduction ...... 1 1.1 The Amendment ...... 1 1.2 Background to the proposal ...... 4 2 Planning context ...... 9 2.1 Policy framework ...... 9 2.2 Planning Scheme Provisions ...... 10 2.3 Ministerial Directions and Practice Notes ...... 11 2.4 Conclusion ...... 12 3 Issues ...... 13 3.1 Alternative mechanisms for oversight of wastewater issues ...... 13 3.2 Streamlining of permit exemptions and referral requirements ...... 14 3.3 Drafting matters ...... 16

Appendix A Document list Appendix B Schedule to Clause 66.04 Appendix C Clause 22.04 Appendix D ESO1 Panel preferred version Appendix E ESO2 Panel preferred version

List of Figures Page Figure 1 Shire of Mansfield: land in special water supply catchments declared under the CALP Act...... 2 Figure 2 Environmental Significance Overlays ...... 3

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List of Abbreviations

CALP Act Catchment and Land Protection Act 1994 CMA Catchment Management Authority Code of Practice EPA Code of Practice (891.4) for On-site Wastewater Management Systems Council Mansfield Shire Council DELWP Department of Environment, Land, Water and Planning EPA Environment Protection Authority ESO Environmental Significance Overlay GMW Goulburn Murray Water Guidelines Ministerial Guidelines for Planning Permit Applications in Open, Potable Water Supply Catchments 2012 GVW Goulburn Valley Water LPPF Local Planning Policy Framework Ministerial Direction Ministerial Direction on the Form and Content of Planning Schemes MOU Memorandum of Understanding between the Mansfield Shire Council, Goulburn Murray Water and Goulburn Valley Water. Referral Agreement Clause 66 Referral Exemption Agreement between Mansfield Shire Council and GMW SPPF State Planning Policy Framework VCAT Victorian Civil and Administrative Tribunal Wastewater Plan Mansfield Domestic Wastewater Management Plan 2014

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Overview

Amendment summary The Amendment Mansfield Planning Scheme Amendment C36 Common name Mansfield Domestic Wastewater Management Plan Brief description The Amendment proposes to implement the planning actions of the Mansfield Domestic Wastewater Management Plan (2014) to better manage development that has the potential to affect water quantity and quality in special water supply catchments Subject land All land in the Mansfield Shire within a special water supply catchment under the Catchment and Land Protection Act 1994. The Proponent Mansfield Shire Council Planning Authority Mansfield Shire Council Authorisation 27 July 2016 Exhibition 20 April to 1 June 2017 Submissions Number of Submissions: 9 In support :7 - Murrindindi Shire Council - Goulburn Valley Water - Goulburn Murray Water - Environment Protection Authority - DELWP (Hume Region) - DELWP (Native Title) - Goulburn Broken CMA Partially opposed: 2 - Ms Ellen Hogan - Mr Brian Johnston

Panel process The Panel Jennifer Fraser, Chair Directions Hearing 19 October 2017, Shire of Mansfield Council Chamber Panel Hearing 17 November 2017, Shire of Mansfield Council Chamber Site inspections Unaccompanied, 16 November 2017

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Appearances Mr John Keaney for Mansfield Shire Council Mr Neil Repacholi for Goulburn Murray Water Ms Ellen Hogan Mr Brian Johnston Date of this Report 15 December 2017

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Executive summary

(i) Summary Mansfield Planning Scheme Amendment C36 (the Amendment) seeks to: • modify existing planning scheme maps for the Environmental Significance Overlay • apply two revised schedules at Clause 42.01 (Environmental Significance Overlay) • apply a Local Planning Policy at Clause 22.04 (Managing water quality in special water supply catchments) • modify external referral requirements for planning applications in the schedule to Clause 66.04 (Referral of permit applications under local provisions). The Amendment proposes to implement planning actions contained in the Mansfield Domestic Wastewater Management Plan 2014 (the Wastewater Plan) to better manage development that has the potential to affect water quality and quantity in special water supply catchments. The Amendment embeds a scientific, risk based approach to the assessment of development applications into the planning scheme replacing a previous regime which is not considered as providing effective protection. The Panel was advised the Wastewater Plan was the product of many years work by a range of partners. Whilst the Wastewater Plan is not the first Domestic Wastewater Management Plan to be included in a Victorian Planning Scheme, the process led by the Mansfield Shire Council was the pilot that led thinking about the development of these type of plans. In response to exhibition, no government department or agency raised any issue. At the Hearing, GMW actively supported the Amendment. Individual submitter issues raised at the Hearing included the time and cost of developing the Wastewater Plan and preparing the Amendment, compliance with elements of the action plan contained within the Wastewater Plan, the need to update the Wastewater Plan implementation agreement, the need to streamline referrals and permit requirements and proposals for alternative implementation mechanisms of the risk based methodology contained within the Wastewater Plan. The Panel considered these submissions and on a range of matters relating to wastewater management in the Shire of Mansfield. The Panel must deal with the strategic justification for, and the drafting of, the amendment before it. An amendment’s journey to Panel; the amendment of, or compliance with, documentation or agreements outside of the Amendment; and potential alternative implementation regimes are not matters which can be considered. The Amendment is strategically justified and the Panel notes that many of the issues raised in submissions are outside the scope of the Amendment. The Panel recommends that the post-Panel version of the Amendment should be adopted.

(ii) Recommendations Based on the reasons set out in this Report, the Panel recommends that Mansfield Planning Scheme Amendment C36 be adopted as exhibited subject to the following: 1. Change the Schedule to Clause 66.04 to include the post-exhibition changes shown in Appendix B.

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2. Change Clause 22.04 (Managing Water Quality in Special Water Supply Catchments) to include the post-exhibition changes shown in Appendix C. 3. Change Environmental Significance Overlay Schedule 1 to include post-Panel changes shown in Appendix D. 4. Change Environmental Significance Overlay Schedule 2 to include post-Panel changes shown in Appendix E.

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1 Introduction

1.1 The Amendment

(i) Amendment description The Amendment proposes to implement the planning actions of the Wastewater Plan to better manage development with potential to affect water quantity and quality in special water supply catchments. Specifically, the Amendment proposes to: • apply the Environmental Significance Overlay Schedule 1 (ESO1) to land identified in the Wastewater Plan as having a high risk of development impacting water quality in the catchment • apply the Environmental Significance Overlay Schedule 2 (ESO2) to land identified in the Wastewater Plan as having a medium risk of development impacting water quality in the catchment • amend Planning Scheme Map Nos. 1ESO, 2ESO, 3ESO, 6ESO, 7ESO, 9ESO, 10ESO, 11ESO, 13ESO, 17ESO, 20ESO, 21ESO, 22ESO, 23ESO, 24ESO, 25ESO, 26ESO, 28ESO • insert new Planning Scheme Map Nos. 4ESO, 5ESO, 14ESO, 15ESO, 16ESO, 18ESO, 27ESO, 29ESO, 30ESO, 31ESO, 32ESO, 33ESO, 36ESO • delete Planning Scheme Map Nos. 8ESO, 12ESO, 19ESO • insert new Local Planning Policy at Clause 22.04 Managing water quality in special water supply catchments • replace Schedule 1 to Clause 42.01 Environmental Significance Overlay with a new Schedule 1 that applies only to areas identified as being at high risk of development impacting water quality in the catchment • replace Schedule 2 to Clause 42.01 Environmental Significance Overlay with a new Schedule 2 that applies only to areas identified as being at medium risk of development impacting water quality in the catchment • amend the Schedule to Clause 61.03 to reference new maps and delete redundant maps • amend the Schedule to Clause 66.04 Referral of permit applications under local provisions to clarify when Goulburn Murray Water (GMW) and Goulburn Valley Water (GVW) are determining referral authorities under the ESOs.

(ii) Purpose of the Amendment Mansfield Shire Council (Council) prepared the Wastewater Plan in 2014. This was done in conjunction with GMW, GVW, the Environment Protection Authority (EPA) and the former Department of Environment and Primary Industries. The Wastewater Plan was prepared so that Council could meet the requirements of Guideline 1 of the 2012 Ministerial Guidelines for Planning Permit Applications in Open, Potable Water Supply Catchments (the Guidelines). This allows relaxation of the one dwelling per 40 hectare dwelling density requirement under certain conditions.

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(iii) The subject land The Amendment applies to all land in the Mansfield Shire within a special water supply catchment declared under the CALP Act and shown in Figure 1. Figure 1 Shire of Mansfield: land in special water supply catchments declared under the CALP Act.

In particular, the Amendment applies two ESOs across areas where high or medium risks of development impacting water quality in the catchment have been identified. ESO1 and ESO2 are shown in Figure 2 below.

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Figure 2 Environmental Significance Overlays

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1.2 Background to the proposal Approximately 95 per cent of the Mansfield Shire is in a special water supply catchment. These catchments are open to a variety of land uses. As a consequence of water from the catchments being supplied for irrigation and drinking purposes, wastewater in these areas needs to be carefully managed to avoid health risks. Mansfield Township, Bonnie Doon and Merrijig/Sawmill Settlement/Alpine Ridge are the only towns in Mansfield Shire with reticulated sewerage. Unless appropriate measures are taken, development outside of these sewered areas will impact water quality in the catchments. As a consequence, there have been planning controls to address water quality issues in the Mansfield Shire since at least 1999. Their purpose is to manage risks to public health and the environment and provide protection from pathogens, nutrient loads and sediment caused by development generating wastewater and concentration of stormwater runoff in special water supply catchments. The former Delatite Planning Scheme contained ESO2 and ESO3 to address water quality issues in Lake Eildon and Lake Nillahcootie catchments respectively. A planning permit was required for most buildings and works and the few permit exemptions included residentially zoned land with reticulated sewerage and land affected by the Special Use Zone at Mountain Bay. Subdivision applications of less than 40 hectares, applications for intensive animal husbandry and all development within 200 metres of the full supply level of lakes and watercourses within the catchment required a permit and were referred to (the then) Department of Natural Resources and the Environment and to GMW. After its separation from Delatite, the first Mansfield Planning Scheme carried over the ESOs. These were subsequently modified and renumbered to ESO1 and ESO2. The modified ESO1 (Lake Eildon) sought to: • improve water quality in the watercourses contributing to Lake Eildon, as well as the lake itself • discourage land uses in the catchment that contribute to the degradation of downstream water quality in the Goulburn River • encourage land management practices that minimise impacts on water quality • ensure water is provided to waterways in volume, quality and seasonal patterns that conserve or enhance natural biological processes/approximate natural conditions. Nevertheless these two ESO schedules did not require planning permits for: • any alterations or additions to an existing dwelling, provided the proposed floor area is not greater than 100 per cent of the existing floor area and the cut and fill of land does not exceed a maximum height and depth of 0.5 metres • any outbuilding or extension to an outbuilding associated with an existing dwelling on the land or for the use of agriculture, provided the proposed floor area does not exceed 200 square metres and the cut and fill of land does not exceed a maximum height and depth of 0.5 metres. These very broad exemptions have been of on-going concern to the water authorities, especially GMW, which is a “determining” referral authority.

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In 2000, the State Government released an ‘Interim Guideline for planning permit applications in open, potable water supply catchment areas’. This applied a dwelling density of one dwelling per 40 hectares in addition to the planning scheme requirements. In 2007, the Victorian Civil and Administrative Tribunal (VCAT) decision in Rozen v Macedon Ranges SC1 tested the interim guidelines and the dwelling density regime. In Rozen, VCAT overturned a Council refusal and granted permits for four dwellings on rural zoned land at a density of about 1 dwelling per 18 hectares. On review in 2008, the Supreme Court set aside the decision and remitted it back to VCAT for rehearing, noting, among other things, that VCAT had misapplied the ‘precautionary principle’ required as part of State Environment Protection Policy (Waters of Victoria). In May 2009, the government released the ‘Guidelines: planning permit applications in open, potable water supply catchment areas’ to replace the interim guidelines. Upon rehearing Rozen in August 2009, VCAT permitted only one dwelling on the land, representing a density of about one dwelling per 72 hectares, citing issues of water quality, the precautionary principle and other planning policies. In particular, VCAT considered the cumulative risk created by otherwise individually appropriate septic tank systems. The Tribunal noted2: We consider that every time an additional dwelling is permitted in the catchment, an additional, albeit unquantifiable, risk, is created of potential contamination to the quality of water. Individually, the risk from each dwelling may be minimal but the cumulative effect of these incremental risks, coupled with all the other risks which exist, mean that dwelling density in open potable water supply catchments must be curtailed. We accept that the special needs of open potable water supply catchments justify a limitation on dwelling density that operates over and above any zone provisions. In the absence of a specific water catchment overlay, the Government has clearly expressed a strong policy position to limit dwelling density to one per 40 hectares by adopting the Guidelines: planning permits in open, potable water supply catchment areas (May 2009). This strict application of the precautionary principle by VCAT required strict implementation by Council and referral authorities and was of concern to rural communities.

(i) Ministerial Guidelines In November 2012, the Minister for Water released Ministerial guidelines for planning permit applications in open, potable water supply catchment areas (the Guidelines). The Guidelines were linked to the planning system by adopting them for the purposes of s.60 (1A)(g) of the Planning and Environment Act 1987 in order:

1 Rozen v Macedon Ranges SC [2007] VCAT 1814 2 Rozen v Macedon Ranges SC [2009] VCAT 2749 87 88.

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… to assist water corporations and other referral and responsible authorities in their assessment of planning permit applications for use and development of land within all open, potable water supply catchments in Victoria. The purpose of the Guidelines is to: … protect the quality of potable water supplies, using a risk based approach, whilst facilitating appropriate development within ... catchments. The Guidelines signalled a change from the strict precautionary approach previously required. The Guidelines again limited development density of dwellings in a potable water supply catchment to one dwelling per 40 hectares. However, this could be relaxed in certain circumstances, including the relevant water corporation being satisfied that Council had prepared, adopted and was implementing a domestic wastewater management plan in accordance with the Minister for Water’s requirements.

(ii) Domestic Wastewater Management Plan Given this background, in November 2012 the Council, in partnership with GMW, GVW, the EPA and the then Office of Living Victoria, commenced the preparation of a domestic wastewater management plan. The purpose of the Wastewater Plan is to address the Guidelines and enable Council to depart from the one dwelling per forty hectares development restriction in appropriate circumstances. The Wastewater Plan was adopted by Council in October 2014 and the Amendment expresses the Wastewater Plan into the Planning Scheme. The Wastewater Plan uses a scientifically developed risk based approach to the management of wastewater issues in the catchments. It classifies land on a sub-catchment basis into areas where development of land presents a low, medium or high risk to the catchment of adverse impacts from domestic wastewater. The classification is based on whether the land is sewered and the application of the Edis risk algorithm3. The Edis algorithm was developed specifically for the Wastewater Plan and, applying weighted factors, assesses the risk to the catchment of unsewered development on land parcels. Since its development it has been applied to parcels of land in the Shire. In 2017 a peer review of its application to 69 parcels of land in sub-catchments designated as high risk concluded that:4 The assessment has demonstrated the efficacy of the Edis risk algorithm and confirms that mappable units based on geology-slope-soil associations be used in the further development of the Wastewater Management Plan.

(iii) Code of Practice A land capability assessment assesses the suitability of unsewered land for development. The EPA Code of Practice (891.4) for On-site Wastewater Management Systems (the Code of Practice) outlines the twelve step process for a land capability assessment.

3 Document 3 Edis Risk Algorithm 4 Document 4 Peer Review of Edis Risk Algorithm

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The categorisation of land into low, medium or high risk determines the nature of the application requirements for a planning permit. These requirements are based on the twelve step land capability assessment process and on the provision of information about mitigation measures.

(iv) Action Plan The Wastewater Plan contains an Action Plan which commits Council and its delivery partners, GMW and GVW, to a suite of actions to ensure its implementation. These include planning actions to be undertaken by Council to ensure the Wastewater Plan is implemented in the planning scheme. To further embed the Wastewater Plan into the operations of Council, GMW and GVW, a Memorandum of Understanding (MOU) was signed in 2015. The MOU committed the parties to an audit process to track progress against the Action Plan.

(v) Post-exhibition changes Amendment C36 was prepared following Council adoption of the Wastewater Plan. It was exhibited in 2017. In response to submissions, a number of amendments to the planning documents were adopted by Council on 19 September 2017. Changes made included exempting lots of 40 hectares or more from the requirement for a planning permit. This post-exhibition version was presented to Panel. Subsequent to the Amendment being prepared, the Minister issued new Ministerial Direction on the Form and Content of Planning Schemes (Ministerial Direction). At the Hearing, Council advised the Panel that it would circulate after the Hearing, a post-Panel version of the Amendment to update references, make minor adjustments and to comply with the Ministerial Direction. Neither the content nor the meaning of the Amendment would be changed. Amended ESO1 and ESO2 (the post-Panel version) were circulated to all parties after the Hearing.

(vi) Issues not dealt with in this report Submitters were concerned with the time and cost of developing both the Wastewater Plan and the Amendment. It was also submitted that these delays required the updating of actions in the MOU. Time and costs associated with any background plans and with preparing the Amendment are outside the scope of the Amendment and not discussed further in this report.

(vii) Issues dealt with in this report This Report deals with the issues under the following headings: • Planning context • Alternative oversight mechanisms for wastewater issues • Streamlining of referral requirements and permit exemptions • Delay and cost • Correct form of the Amendment.

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The Panel considered all written submissions made in response to the exhibition of the Amendment, observations from the site visit, submissions, and other material presented to it during and after the Hearing regardless of whether they are specifically mentioned in the report.

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2 Planning context

Council provided a response to the Strategic Assessment Guidelines as part of its 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 overlay controls and other relevant planning strategies. 2.1 Policy framework

(i) State Planning Policy Framework Council submitted that the Amendment is supported by Clauses 14.02-01, 14.02-2 and 12.01-1 in the State Planning Policy Framework (SPPF). Clauses 14.02-1 and 14.02-2 seek to protect water catchments and water supply facilities to ensure the continued availability of clean, high-quality drinking water. The objective of Clause 14.02-1 is to “... assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.” The clause contains a comprehensive range of strategies to direct the catchment management and planning actions of decision makers and a range of policy guidelines that must be considered as part of that decision making process. The Guidelines are included as policy to be considered. The objective of Clause 14.02-2 is to “... protect water quality.” The clause contains a comprehensive range of strategies to direct the actions of decision makers when protecting water quality and a range of policy guidelines that must be considered as part of that decision making process. The Guidelines are included as policy to be considered. The environmental strategies contained in Clause 12.01-1 are also relevant; especially those that require consideration of the impact of land use and development on important aquatic and riparian habitats that contain high value biodiversity and threatened species habitat. The Panel has identified considerable strategic justification for the Amendment and finds that it gives effect to the above clauses in the SPPF.

(ii) Local Planning Policy Framework Council submitted that the Amendment supports the following local planning objectives: • Clause 21.01-2 which identifies issues to be addressed by planning including: - Protecting and where possible improving water quality - Managing development in Special Water Supply Catchments • Clause 21.03-01 notes: The future growth of all towns will depend upon the provision of infrastructure, particularly reticulated sewerage. Mansfield Township, Bonnie Doon and Merrijig/Sawmill Settlement/Alpine Ridge are the only

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towns with reticulated sewerage. Development in other towns will be restricted to infill development provided wastewater can be managed on site. • Clause 21.03-3 which requires, in the absence of reticulated sewerage, a land capability assessment in accordance with the Code of Practice to demonstrate the capability of the land to accommodate on-site effluent disposal. • Clause 21.05-3 deals with catchment planning and notes that: Onsite wastewater management is a key issue. In this regard Council has adopted the Mansfield Shire Domestic Wastewater Plan 2014. It provides a framework for the consideration of development in unsewered areas and will be implemented in the planning scheme in the near future. • Clause 21.05-3 also identifies a range of key issues including: - The cumulative impacts of onsite wastewater treatment systems within declared water supply catchments. - Balancing development with the need to protect water quality. - Pressure from residential and recreational uses on water quality and the environs of waterways and lakes. - Land use and development of land abutting Lake Eildon and Lake Nillahcootie needs to be carefully assessed having regard to their attributes and ensuring that water quality, biodiversity and the visual amenity of the landscape is not prejudiced. - Implementing the Mansfield Shire Domestic Wastewater Management Plan 2014. • Clause 21.05-3 contains a suite of strategies to protect the catchments. As further strategic work it identifies implementing the Wastewater Plan. • Clause 21.08 deals with infrastructure and notes that there ‘... are many unsewered small towns and settlements that consist of small lots and are located in Special Water Supply Catchments. Council will consider both the cumulative impacts of wastewater management systems and on a site by site basis. Council will advocate for the provision of reticulated sewerage infrastructure to improve the environmental performance of these settlements.’ The Amendment responds to these clauses and refines them through the changes proposed below.

2.2 Planning Scheme Provisions

(i) Local Planning Policy Framework The Amendment proposes a new local policy at Clause 22.04 Managing Water Quality in Special Water Supply Catchments. This new local policy has been developed to give effect to the Wastewater Plan. It maps the areas covered by the new ESO1 and ESO2. It contains a range of objectives that include providing clarity for the community by identifying planning permit application requirements for unsewered land in low, medium and high risk areas; and also for development and subdivision within a declared sewerage district. A planning permit for:

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• land in high risk areas must contain a land capability assessment that complies with the Code of Practice and is informed by extensive soil testing and contains a water balance • land in medium risk areas must contain a land capability assessment that complies with the Code of Practice and which details water cycle management initiatives to be included on site • land in low risk areas must have a design based land capability assessment and details of the water cycle management initiatives to be included on site • development and subdivision within a declared sewerage district must contain confirmation from GVW that the land either is or can be connected to sewer and details of the water cycle management initiatives to be included on site. This hierarchy of requirements derived from the Code of Practice is matched to the catchment risk presented by the location of a proposed development. The Amendment provides transparency about permit requirements and will enable applicants, Council and water corporations to focus resources on applications in high and medium risk areas.

(ii) Overlays The Amendment proposes two new schedules to the ESO, Schedules 1 and 2. These schedules build on the new local policy at Clause 22.04 and respectively deal with catchments at high risk of water quality impacts and catchments at medium risk of water quality impacts. In each case the overlays contain an appropriate statement of environmental significance, an environmental objective, permit requirements and decision guidelines. GMW submitted that the decision guidelines in the current ESO schedules are “vague rather than risk based ... They do not apply a comprehensive risk based control ... nor differentiate between levels of risk ...”

(iii) General provisions The Amendment replaces the schedule to Clause 61.03 identifying maps composing part of the scheme. It also proposes an amended schedule to clause 66.04 clarifying the referral requirements for planning permit applications under clause 3.0 of ESO1 and ESO2. These seek to remove duplication and streamline referrals to GMW and GVW (See section 3.2 of this report).

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) • Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Planning and Environment Act 1987.

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Planning Practice Notes The Amendment is consistent with: • Planning Practice Note 46 Strategic Assessment Guidelines, June 2015 • Planning Practice Note 54 Managing Referrals and Notice Requirements, June 2015 • Planning Practice Note 55 Planning in open drinking water catchments, April 2015. 2.4 Conclusion The Panel concludes that the Amendment is supported by, and implements, the relevant sections of the SPPF and LPPF, and is consistent with the relevant Ministerial Directions and Practice Notes. The Amendment is well founded and strategically justified, and the Amendment should proceed.

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3 Issues

3.1 Alternative mechanisms for oversight of wastewater issues

(i) The issue The issue is whether the Wastewater Plan should be implemented through the building and environmental health systems instead of the planning system.

(ii) Submissions Submitters argued that there was overlap between the planning, building and environmental health systems. It was submitted that, as Council must issue a building permit and, as the Responsible Authority, through its Environmental Health Officer, must sign off when issuing septic tank permits, these permissions would be sufficient to safeguard water quality. There is no need for a planning permit as well as the building and environmental health approvals. Alternatively it was submitted that if there must be permits, there should be a reduced number of permit triggers in ESO1 and ESO2. In this way, the process for land development could become more streamlined. Council submitted that the planning system is broader in its scope than the building and environmental health systems; and that under the SPPF the planning system is charged with a broad range of water quality protection roles. Council drew the attention of the Panel to the strategies contained in Clause 14.02-2 Water quality: Strategies • Protect reservoirs, water mains and local storage facilities from potential contamination. • 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 groundwater resources, rivers, streams, wetlands, estuaries and marine environments. • Discourage incompatible land use activities in areas subject to flooding, severe soil degradation, groundwater salinity or geotechnical hazards where the land cannot be sustainably managed to ensure minimum impact on downstream water quality or flow volumes. • Prevent the establishment of incompatible land uses in aquifer recharge or saline discharge areas and in potable water catchments. • Encourage the siting, design, operation and rehabilitation of landfills to reduce impact on groundwater and surface water. Council submitted that these strategies could only be delivered by the planning system and that the building and environmental health approvals could not discharge these responsibilities.

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Council added that it was required to implement the Wastewater Plan by embedding it into the planning scheme if it was to meet the requirements of the Guidelines and relax the dwelling density rule when appropriate. In summary it submitted5 that it “strongly rejects the suggestion that permission be left to the building and environmental health system rather than the planning system”.

(iii) Discussion Council planning, building and environmental health have roles to play in the protection of water quality. Council has not proposed implementation of the Wastewater Plan through the environmental health and building systems as these systems have narrower and more specific remits. The permitting of a building and/or a septic tank is not in itself sufficient to protect water quality broadly. Indeed removal of the planning permit requirements and reliance on building and environmental health systems is likely to create the very situation that VCAT criticised in Rozen and promote, rather than curtail, incremental risks. The Amendment proposes implementation of the Wastewater Plan through the planning system. In this way, Council will meet the requirements of the Guidelines and allow development to occur on lots of less than 40 hectares in appropriate circumstances. This is the Amendment before Panel. The Panel supports implementation of the Wastewater Plan by way of a planning scheme amendment. It does not consider the alternative mechanisms proposed will deliver the twin outcomes sought by Council: • to protect water quality • to relax the dwelling density rule in appropriate circumstances.

(iv) Conclusions The Panel concludes: • Implementation of the Wastewater Plan through the Amendment, as proposed by Council and as required by the Guidelines, is appropriate. 3.2 Streamlining of permit exemptions and referral requirements

(i) The issue It was submitted that the requirements for permit should be reduced or could be replaced by s.173 agreements on title; and that referral requirements contained in the amended schedule to Clause 66.04 could be further streamlined as referrals from the planning system to the water authorities: • have resourcing implications for all organisations • slow development approvals • usually contain standard conditions • are duplicative of the environmental health role performed by Council.

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(ii) Submissions GMW submitted that there was no overlap between its responsibilities and the environmental health role performed by Council. GMW’s role broadly covers rural water management across the north of Victoria, an area much greater than the Shire of Mansfield. As a result, it has broad expertise. In terms of its domestic wastewater decision making, it inspects all high risk sites. It monitors the quality of the land capability assessments received from assessors across the north of the state and it provides training for these assessors. These functions are not undertaken by the environmental health system of Council. GMW referred to an agreement6 (the Referral Agreement) between itself and Council to streamline the circumstances in which applications for rural sheds and outbuildings, dwelling extensions, boundary re-alignments, native vegetation removal and rural dwellings must be referred from Council to GMW. The Referral Agreement removes the need for referral provided certain matters are satisfied by way of a permit condition or as a result of the specific nature of the proposal. In addition, the Referral Agreement ensures an application for development located in a low risk area will not require referral. GMW indicated that submitters would not have been aware of the work it had been progressing in respect of the Referral Agreement and that the Referral Agreement will reduce referrals. GMW submitted that it has analysed 2016 planning referrals and it anticipates the Referral Agreement will lead to a significant reduction in the number of referrals for consideration which will streamline the approvals process and reduce the resourcing impacts. Council submitted that s.173 agreements were inappropriate as means to implement the Wastewater Plan broadly across the catchments, contrary to the Action Plan and would not meet the requirements of the Ministerial Guidelines. Council advised the Panel of work on the Referral Agreement and that the Schedule to Clause 66.04 had been updated post- exhibition in line with the changes made to the permit requirements under the ESOs. Council submitted that the post-exhibition version of the Amendment has benefitted from the input from submitters and as a consequence the situations where a planning permit is not required has broadened. In this way, it has addressed concerns raised by submitters about exemptions and referrals.

(iii) Discussion In response to submissions on the exhibited Amendment, Council prepared a post-exhibition version of the Amendment. The post-exhibition version reduced the situations where a planning permit is required and contained exemptions from permit for lots of 40 hectares or more and areas designated as low risk. The post-exhibition version of the Amendment and the Referral Agreement demonstrate how Council and GMW have worked to streamline permits and referrals. The Panel does not see further opportunities to streamline permits and referrals prior to the introduction and operation of the Amendment.

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1587 Mansfield Planning Scheme Amendment C36  Panel Report  15 December 2017

(iv) Conclusions The Panel concludes: • The exemptions from planning permits and the streamlining of referrals proposed in the post-exhibition version of ESO1 and ESO2 and the amended schedule to clause 66.04 significantly streamline the planning permit process proposed by the Amendment.

(v) Recommendation The Panel recommends: 1. Change the Schedule to Clause 66.04 to include the post-exhibition changes shown in Appendix B. 3.3 Drafting matters

(i) The issue The exhibited version of the Amendment was prepared prior to the introduction of the Ministerial Direction and so needed changes to comply.

(ii) Submissions The Panel was provided with a post-exhibition version of the Amendment which contained Council agreed changes to the local policy at Clause 22.04 made in response to submissions received. Council submitted that submissions had improved the Amendment both in terms of its drafting consistency and in terms of broadening the exemptions from permit. At the Hearing, Council proposed some further changes to ensure the Amendment complied with the Ministerial Direction and to make minor corrections. These are included in the post-Panel version of ESO1 and ESO2 circulated to Parties, as appended to Appendix B and Appendix C of this report. At the Hearing, a submission proposed further changes to ESO1 and ESO27. In part, the proposed changes repeated earlier submissions made on the exhibited version of the Amendment and already considered by Council. This submission proposed drafting changes to the ESOs, broader permit exemptions in respect of the depth and maximum area of a site cut, and formal roles for Council’s environmental health officer.

(iii) Discussion The Panel agrees that the post-exhibition changes to Clause 22.04 improve both the drafting and consistency of the local policy. The Council proposed minor changes to the post-Panel version of ESO1 and ESO2 ensure compliance with the Ministerial Direction and are supported by the Panel. The Panel’s views on implementation of the Wastewater Plan through the environmental health system are provided in 2.1(iii). It follows that it does not support the submission to amend ESO1 and

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ESO2 to make approval of land capability assessments the responsibility of the Responsible Authority “on the advice of the council’s Environmental Health Officer.” During the Hearing, both GMW and Council expressed concern about the potential catchment impacts of run off arising from large and deep site cuts. The Panel was persuaded by their submissions and does not support any further broadening of the exemptions from permit in respect of site cut and maximum area. Other drafting changes proposed by the individual submitter did not follow drafting conventions and cannot be supported. The Council proposed changes which were flagged in the Hearing and circulated post-Panel do correct minor inconsistencies and update the Amendment to ensure it complies with the Ministerial Directions and are supported.

(iv) Conclusions The Panel concludes: • The minor changes proposed by Council in the post-Panel version of the Amendment are supported.

(v) Recommendations The Panel recommends: 2. Change Clause 22.04 (Managing Water Quality in Special Water Supply Catchments) to include the post-exhibition changes shown in Appendix C. 3. Change Environmental Significance Overlay Schedule 1 to include post-Panel changes shown in Appendix D. 4. Change Environmental Significance Overlay Schedule 2 to include post-Panel changes shown in Appendix E.

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Appendix A Document list

No. Date Description Tabled by 1 17/11/2107 Planning Advice Notice Mr Keaney 2 17/11/2107 Mansfield Shire Council Part B Submission Mr Keaney 3 17/11/2107 GMW submission and associated documents Mr Repacholi 4 17/11/2107 Peer review of Edis risk algorithm Mr Repacholi 5 17/11/2107 Schedule 2 to Environment Significance Overlay Mr Keaney 6 17/11/2107 Council paper and Section 55 Referral agreement between Mr Keaney Council and GMW 7 17/11/2107 Ms Hogan submission Ms Hogan 8 17/11/2107 ESO1 & ESO2 proposed further amendments Mr Johnston 9 17/11/2107 Council closing submission Mr Keaney

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Appendix B Schedule to Clause 66.04

-- /--/20-- SCHEDULE TO CLAUSE 66.04 REFERRAL OF PERMIT APPLICATIONS C-- UNDER LOCAL PROVISIONS

1.0 Referral of permit applications under local provisions

--/--/20— Proposed C36 Clause Kind of application Referral authority Referral authority type Clause 3.0 of All applications for Goulburn Murray Determining Authority Schedule 1 to subdivision in Water Clause 42.01 unsewered areas (ESO). creating lots less than 40 hectares. All applications for subdivision (re- subdivision or boundary realignment) where an additional dwelling opportunity is created in an unsewered area) creating lots less than 40 hectares. All applications for development that generates wastewater in an unsewered area on lots less than 40 hectares. All applications for development of land associated with intensive animal husbandry. All applications for development of land within 100 metres of the full supply level of Lake Eildon or Lake Nillhacootie on lots less than 40 hectares. All applications for development of land within 50 metres from of any waterwaycourse within the catchment area on lots less than 40 hectares. Applications for removal of vegetation within 30 metres of a waterway if the total area proposed to be removed is 0.5 hectares or more.

1991 Mansfield Planning Scheme Amendment C36  Panel Report  15 December 2017

Clause Kind of application Referral authority Referral authority type All applications for development of land associated with intensive animal husbandry.

Clause 3.0 of All applications for Goulburn Valley Water Determining authority Schedule 1 to development that Clause 42.01 generates (ESO) wastewater on land within 800 metres of a Goulburn Valley Water off take point.

Clause 3.0 of All applications for Goulburn Murray Determining Authority Schedule 2 to subdivision in Water Clause 42.01 unsewered areas (ESO) creating lots less than 40 hectares. All applications for subdivision (re- subdivision or boundary realignment) where an additional dwelling opportunity is created in an unsewered area) creating lots less than 40 hectares. All applications for development that generates wastewater in an unsewered area. All applications for development of land associated with intensive animal husbandry. All applications for development of land within 100 metres of the full supply level of Lake Eildon or Lake Nillahcootie. All applications for development of land within 50 metres of any waterwaycourse within the catchment area. Applications for removal of vegetation within 30 metres of a waterway if the total area proposed to be removed is 0.5 hectares or more.

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Clause Kind of application Referral authority Referral authority type All applications for development of land associated with intensive animal husbandry.

Clause 3.0 of All applications for Goulburn Valley Water Determining authority Schedule 2 to development that Clause 42.01 generates (ESO) wastewater on land within 800 metres of a Goulburn Valley Water off take point.

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Appendix C Clause 22.04

22. LOCAL PLANNING POLICIES

--/--/20-- C-- 22.04 MANAGING WATER QUALITY IN SPECIAL WATER SUPPLY CATCHMENTS

--/--/20-- Proposed C36 This policy applies to planning applications on land within a Special Water Supply Catchment Area listed under Schedule 5 of the Catchment and Land Protection Act 1994, as shown on the map below.

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22.04-1 Policy Basis

--/--/20-- Clause 21.05-3 of the Municipal Strategic Statement supports recognition of the environmental Proposed C36 significance of declared catchments and encourages land management practices that contribute to improvements in water quality.

This policy seeks to avoid cumulative impacts to water quality from domestic wastewater and other activities which may affect catchment health and public health. Cumulative impacts result from effluent that is not contained onsite within the boundaries of an allotment and results in nutrients, pathogens and other pollutants being transported to surface waters. This has a net effect on catchment health and public health. Over 95% of the Shire lies within a declared catchment. Unsewered towns such as Goughs Bay, Macs Cove and Howqua are located on the shores of Lake Eildon, and Jamieson is located on two of the Lake’s key tributaries. The Upper Goulburn, Lake Eildon Environs and Upper Goulburn (Upper Delatite) Catchments supply irrigation and potable water to nearby townships and downstream communities. Lake Nillahcootie supplies irrigation water. Lake Eildon and Lake Nillahcootie are both used for recreational purposes. This policy gives effect to the Mansfield Shire Domestic Wastewater Management Plan 2014 (as amended). This document e Domestic Wastewater Management Plan (DWMP) identifies how future growth and development can be managed to balance economic and social needs while contributing to the protection of water quality and catchment health. It also The DWMP uses a scientific risk based approach to classify land at a sub-catchment scale into high, medium and low risk of adverse impacts from domestic wastewater. Theis DWMP risk assessment has informed the application of two schedules to the Environmental Significance Overlay,s ESO1 and ESO2 to high and medium risk areas respectively.

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22.04-2 Objectives

--/--/20-- ▪ To reduce the potential for domestic wastewater, particularly in unsewered areas, to cause Proposed C36 cumulative impacts on public health, water quality and catchment health by implementing the recommendations of the Mansfield Shire Domestic Wastewater Management Plan 2014 (as amended). ▪ To adopt a scientific, risk analysis based approach to management of development and subdivision within declared special water supply catchments. ▪ To ensure cumulative benefits are achieved through incremental upgrades of existing onsite wastewater management systems to meet current day standards. ▪ To maximise connections to reticulated sewerage infrastructure. ▪ To provide clarity for the community by identifying planning permit application requirements and development capacity in high, medium and low risk areas. ▪ To encourage the adoption of integrated water cycle management initiatives (such as those which minimise water consumption, recycle water and harvest rainwater) to achieve better domestic wastewater management and water quality outcomes, particularly in high risk townships.

22.04-3 Policy

--/--/20-- Proposed It is policy to: C36 ▪ Consider the risk for potential cumulative impacts on catchment health and water quality when assessing applications within declared special water supply catchments. ▪ Support new development where connection to reticulated sewerage infrastructure is proposed or there is scientific evidence demonstrating the proposal does not have a cumulative impact on nutrient and pathogen loads. ▪ Encourage integrated water cycle management features in developments to reduce overall wastewater volumes and level of nutrients, pathogens and pollutants entering the catchment.

22.04-4 Application requirements

--/--/20-- Proposed Application requirements are based on the risk rating for the land established by the Mansfield C36 Shire Domestic Wastewater Management Plan 2014 (as amended) and indicated by the Environmental Significance Overlay (Schedules 1 and 2). The following information must be provided to the satisfaction of council and the relevant water authority: All applications ▪ An individual site risk analysis using the Edis Algorithm outlined in Chapter 5 of the Mansfield Shire Domestic Wastewater Management Plan 2014 (as amended). The algorithm weights various risk factors according to their potential impact on a special water supply catchment. Unsewered Land in High Risk Areas ▪ A land capability assessment that: ▪ Follows each of the twelve steps outlined in the EPA Code of Practice- for Onsite Wastewater Management Systems, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended). ▪ Is informed by extensive soil testing including an in-situ permeability test, assessment of colloid stability, soil reaction trend and electrical conductivity of all soil horizons. ▪ Contains a water and nutrient balance calculation. ▪ Includes aA feature survey identifying waterways, surface flow paths and buffers. ▪ Includes aA management plan outlining what soil improvement works are required.

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▪ Details of the whole of water cycle management initiatives to be applied to minimise water consumption, recycle water and harvest rainwater as appropriate.

Unsewered Land in Medium Risk Areas ▪ A land capability assessment that follows each of the twelve steps outlined in the EPA Code of Practice for- Onsite Wastewater Management Systems, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended). ▪ Details of the whole of water cycle management initiatives to be applied to minimise water consumption, recycle water and harvest rainwater as appropriate. Unsewered Land in Low Risk Areas ▪ A design-based land capability assessment. ▪ Details of the whole of water cycle management initiatives to be applied to minimise water consumption, recycle water and harvest rainwater as appropriate. Development and subdivision within a declared sewerage district ▪ If the lot is not currently connected to a reticulated sewerage system, written confirmation from Goulburn Valley Water that the land can be connected. ▪ Details of the integrated water cycle management and water sensitive urban design features incorporated into the proposal.

22.04-5 Decision Guidelines --/--/20-- Proposed C36 When considering an application, in addition to the decision guidelines in the zone and overlay, council will consider the following matters:

Greenfield subdivision and development ▪ The findings and recommendations of the land capability assessment, particularly the individual site risk analysis prepared using the Edis Algorithm. ▪ Whether all standards under the Code of Practice-Onsite Wastewater Management, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended) and the Mansfield Shire Domestic Wastewater Management Plan 2014 (as amended) are met, particularly setback requirements to reservoirs and waterways. ▪ If connection to existing reticulated sewerage infrastructure is possible and practicable. ▪ If integrated water cycle management measures have been incorporated into the design to the satisfaction of council and the relevant water authority. ▪ The views of the relevant water authorities, as appropriate. Infill development ▪ Whether the land capability assessment proposes mitigation measures to support a variation of one or more standards from the Code of Practice-Onsite Wastewater Management, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended) standards on the basis that there will be no adverse impacts on catchment health or water quality to the satisfaction of Council and the relevant water authority. ▪ If connection to existing reticulated sewerage infrastructure is possible and practicable. ▪ If integrated water cycle management features have been incorporated into the design. Redevelopment/extensions of existing unsewered dwellings ▪ If an incremental cumulative benefit is gained through the proposal by way of upgrades to the existing system. ▪ Whether the land capability assessment supports a variation of one or more standards from the Code of Practice-Onsite Wastewater Management, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended) standards on the basis that there will be no adverse

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impacts on catchment health or water quality to the satisfaction of Council and the relevant water authority. ▪ If integrated water cycle management features have been incorporated into the design. ▪ If connection to existing reticulated sewerage infrastructure is possible and practicable.

22.04-6 Policy References --/--/20-- Proposed C36 Mansfield Shire Domestic Wastewater Management Plan 2014 (as amended) EPA Code of Practice- for Onsite Wastewater Management, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended) North East Planning Referral Committee Guidelines for the Protection of Water Quality 201601 (as amended) Ministerial Guidelines for planning permit applications in open, potable water supply catchment areas, Department of Sustainability and Environment Melbourne November 2012

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Appendix D ESO1 Panel preferred version

--/--/20-- SCHEDULE 1 TO CLAUSE 42.01 ENVIRONMENTAL SIGNIFICANCE Proposed C36 OVERLAY

Shown on the planning scheme map as ESO1.

CATCHMENTS AT HIGH RISK OF WATER QUALITY IMPACTS

1.0 Statement of environmental significance

--/--/20-- Proposed The Upper Goulburn, Lake Eildon Environs and Upper Goulburn (Upper Delatite) catchments C36 supply irrigation and potable water to nearby townships and downstream communities. Lake Eildon is used for recreational purposes. The Mansfield Shire Domestic Wastewater Management Plan 2014 (as amended) risk analysis identifies areas of the municipality that are at high, medium and low risk of causing adverse impacts on potable water quality, public health and the environment. Development in the areas where this schedule applies has a high risk of causing adverse impacts to potable water quality, public health and the environment through increased nutrients, pathogens and sediment in waterways and water storages. It is important that development is carefully managed to ensure there is no detriment to the catchment and cumulative benefits can be gained over time through improved management of wastewater and stormwater. This can be achieved through careful design and siting of development and works, management of wastewater generated by development and adoption of integrated water cycle management principles. As a result there should be incremental and cumulative reductions in nutrient, pathogen and sediment loads in water storages and waterways.

2.0 Environmental objective to be achieved

--/--/20-- Proposed ▪ To improve water quality in Lake Eildon’s tributaries through careful design and siting of C36 development and works, management of wastewater generated by development and adoption of integrated water cycle management principles. ▪ To achieve incremental and cumulative reductions in nutrient, pathogen and sediment loads in water storages and waterways. ▪ To discourage development and works that potentially contribute to the degradation of water quality and quantity.

3.0 Permit requirement

--/--/20-- Proposed Dwellings, outbuildings and associated works C36 ▪ A permit is not required for buildings and works associated with the construction of a new dwelling or outbuilding or the extension of an existing dwelling or outbuilding an existing building or proposed building that is connected to a reticulated sewerage system. Lots of 40 hectares or more ▪ A permit is not required for buildings and works associated with the construction of a new dwelling or outbuilding or the extension of an existing dwelling or outbuilding where all of the following requirements are met:  The lot is 40 hectares or more  Where new wastewater is generated a land capability assessment is prepared in accordance with the Code of Practice-Onsite Wastewater Management, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended) and approved by the responsible authority.

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Lots less than 40 hectares ▪ A planning permit is not required for buildings and works associated with the construction of a new dwelling or outbuilding- or the extension of an existing dwelling or outbuilding- where all of the following requirements conditions are met:  No newadditional wastewater is generated.  No works are being carried out within 50 metres of Lake Eildon or the Goulburn River or 30 metres of any other waterway.  The total floor area of any proposed outbuilding or extension to an existing outbuilding does not exceed 200 square metres.  Any site cut is less than 1 metre in depth and less than 300 square metres in area.  No concentration of stormwater is discharged less than 100 metres from a waterway, water storage or reservoir unless via a drainage system approved by the responsible authority. Vegetation ▪ A planningpermit is not required to remove, destroy or lop vegetation, including dead vegetation and grasses if the vegetation to be removed, lopped or destroyed has a setback greater than 50 metres from Lake Eildon or the Goulburn River or 30 metres from another waterway and:  The vegetation is exotic.  Any native vegetation is seedlings or regrowth less than 10 years old.  The removal, destruction or lopping of any vegetation by a government department, public authority or council for the purposes of any public or local government utility, service, facility, stream improvement or other works. Subdivision ▪ A permit is not required to subdivide land if each lot is connected to a reticulated sewerage system or is greater than 40 hectares. Other A permit is not required for: ▪ A sign. ▪ Works to sewerage, electricity, drainage, water or gas mains approved or undertaken by a public or government authority or utility provider. ▪ Any buildings or works by a government department, public authority or council for the purposes of any public or local government utility, service, facility, stream improvement or other works. ▪ The carrying out of any works required by, or approved by the Department of Environment, Land, Water and Planning, Goulburn Murray Water, Goulburn Valley Water, Goulburn Broken Catchment Management Authority or council. ▪ Any development or works in accordance with any management plan approved or adopted by council or the Department of Environment, Land, Water and Planning. ▪ Subdivision or the construction of a building or the construction of or carrying out of works to land within the Special Use Zone (Schedule 1 – Mountain Bay). ▪ Other buildings and works on lots of 40 hectares or more. ▪ Other buildings and works that meet all of the following:  No new additional wastewater is generated.  No works are being undertaken within 50 metres of Lake Eildon or Goulburn River or 30 metres of any other waterway.  Any site cut is less than 1 metre at its maximum depth and less than 300 square metres in area.  Any site cut is less than 300 square metres in area.

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 No effluent is discharged within 100 metres of a waterway, water storage or reservoir.  No concentration of stormwater is discharged within 100 metres of a waterway, water storage or reservoir unless it is into a drainage system approved by the responsible authority.

4.0 Decision guidelines

--/--/20-- Proposed Before deciding on an application the responsible authority must consider: C36 ▪ The comments of the relevant water authority.

▪ Whether the application meets the requirements of Clause 22.04 Managing Wastewater in Special Water Supply Catchments. ▪ Whether wastewater can be treated and contained within site boundaries in accordance with the standards of the Code of Practice-for Onsite Wastewater Management,2016 Environment Protection Authority Publication 891.4 July 2016 (as amended). ▪ If the setback requirements of the North East Planning Referral Committee Guidelines for the Protection of Water Quality 201601, (as amended), are met or if they are not met, whether the land capability assessment identifies mitigation measures to justify a reduced setback. ▪ If an incremental benefit is gained through the proposal by way of upgrades to existing onsite wastewater management systems. ▪ If the land capability assessment supports a variation of one or more standards of the Code of Practice-Onsite Wastewater Management, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended) standards where infill development, or extensions or alterations to existing dwellings is proposed. ▪ Whether measures have been included to prevent increased surface water run-off or concentration of surface water run-off leading to increased nutrient loads, erosion, siltation, pollution of waterways courses, drains and other features. ▪ Whether a section 173 Agreement is necessary to secure ongoing maintenance or management of a wastewater system or impose limitations on development such as number of habitable rooms in a dwelling or restricting further subdivision. ▪ The potential for the proposed development to reduce water yields within the catchment.

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Appendix E ESO2 Panel preferred version

--/--/20-- Proposed SCHEDULE 2 TO CLAUSE 42.01 ENVIRONMENTAL SIGNIFICANCE C36 OVERLAY

Shown on the planning scheme map as ESO2.

CATCHMENTS AT MEDIUM RISK OF WATER QUALITY IMPACTS

1.0 Statement of environmental significance

--/--/20-- Proposed The Upper Goulburn, Lake Eildon Environs, Upper Goulburn (Upper Delatite) and Lake C36 Nillahcootie catchments supply irrigation and potable water to nearby townships and downstream communities. Lake Eildon and Lake Nillahcootie are both used for recreational purposes. The Mansfield Shire Domestic Wastewater Management Plan 2014 (as amended) risk analysis identifies areas of the municipality that are at high, medium and low risk of causing adverse impacts on potable water quality, public health and the environment. Development in the areas where this schedule applies has a medium risk of causing adverse impacts to potable water quality, public health and the environment through increased nutrients, pathogens and sediment in waterways and water storages. It is important that development is carefully managed to ensure there is no detriment to the catchment and cumulative benefits can be gained over time through improved management of wastewater and stormwater. This can be achieved through careful design and siting of development and works, management of wastewater generated by development and adoption of integrated water cycle management principles. As a result there should be incremental and cumulative reductions in nutrient, pathogen and sediment loads in water storages and waterways.

2.0 Environmental objective to be achieved

--/--/20-- Proposed ▪ To improve water quality in Lake Eildon’s tributaries through careful design and siting of C36 development and works, management of wastewater generated by development and adoption of integrated water cycle management principles. ▪ To achieve incremental and cumulative reductions in nutrient, pathogen and sediment loads in water storages and waterways. ▪ To discourage development and works that contribute to the degradation of water quality and quantity.

3.0 Permit requirement

--/--/20-- Proposed Dwellings, outbuildings and associated works C36 ▪ A permit is not required for buildings and works associated with the construction of a new dwelling or outbuilding or the extension of an existing dwelling or outbuilding an existing outbuilding or proposed building that is connected to a reticulated sewerage system. Lots of 40 hectares or more ▪ A permit is not required for buildings and works associated with the construction of a new dwelling or outbuilding or the extension of an existing dwelling or outbuilding where all of the following requirements are met:  The lot is 40 hectares or more  Where new wastewater is generated a land capability assessment is prepared in accordance with the Code of Practice-Onsite Wastewater Management, Environment Protection

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Authority Victoria Publication 891.4 July 2016 (as amended) and approved by the responsible authority. Lots less than 40 hectares ▪ A planning permit is not required for buildings and works associated with the construction of a new dwelling or outbuilding, or the extension of an existing dwelling or outbuilding, where all of the following requirements conditions are met:  No newadditional wastewater is generated.  No works are being carried out within 50 metres of Lake Eildon, Lake Nillahcootie or the Goulburn River or 30 metres of any other waterway.  The total floor area of any proposed outbuilding or extension to an existing outbuilding does not exceed 200 square metres.  Any site cut is less than 1 metre in depth and less than 300 square metres in area.  No concentration of stormwater is discharged less than 100 metres from a waterway, water storage or reservoir unless via a drainage system approved by the responsible authority. Vegetation ▪ A planning permit is not required to remove, destroy or lop vegetation, including dead vegetation and grasses if the vegetation to be removed, lopped or destroyed has a setback greater than 50 metres from Lake Eildon, Lake Nillahcootie or the Goulburn River or 30 metres from another waterway and:  The vegetation is exotic.  Any native vegetation is seedlings or regrowth less than 10 years old.  The removal, destruction or lopping of any vegetation by a government department, public authority or council for the purposes of any public or local government utility, service, facility, stream improvement or other works. Subdivision ▪ A permit is not required to subdivide land if each lot is connected to a reticulated sewerage system or is greater than 40 hectares. Other A permit is not required for: ▪ A sign. ▪ Works to sewerage, electricity, drainage, water or gas mains approved or undertaken by a public or government authority or utility provider. ▪ Any buildings or works by a government department, public authority or council for the purposes of any public or local government utility, service, facility, stream improvement or other works. ▪ The carrying out of any works required by, or approved by the Department of Environment, Land, Water and Planning, Goulburn Murray Water, Goulburn Valley Water, Goulburn Broken Catchment Management Authority or council. ▪ Any development or works in accordance with any management plan approved or adopted by council or the Department of Environment, Land, Water and Planning. ▪ Subdivision or the construction of a building or the construction of or carrying out of works to land within the Special Use Zone (Schedule 1 – Mountain Bay). ▪ Other buildings and works on lots of 40 hectares or more. ▪ Other buildings and works that meet all of the following:  No new additional wastewater is generated.  No works are being undertaken within 50 metres of Lake Eildon, Lake Nillahcootie or Goulburn River or 30 metres of any other waterway.  Any site cut is less than 1 metre at its maximum depth and less than 300 square metres in area.

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 Any site cut is less than 300 square meters in area.  No effluent is discharged within 100 metres of a waterway, water storage or reservoir.  No concentration of stormwater is discharged within 100 metres of a waterway, water storage or reservoir unless it is into a drainage system approved by the responsible authority.

4.0 Decision guidelines

--/--/20-- Proposed Before deciding on an application the responsible authority must consider: C36 ▪ The comments of the relevant water authority. ▪ Whether the application meets the requirements of Clause 22.04 Managing Wastewater in Special Water Supply Catchments. ▪ Whether wastewater can be treated and contained within site boundaries in accordance with the standards of the Code of Practice-for Onsite Wastewater Management, 2016 Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended). ▪ If the setback requirements of the North East Planning Referral Committee Guidelines for the Protection of Water Quality 201601, (as amended), are met or if they are not met, whether the land capability assessment identifies mitigation measures to justify a reduced setback. ▪ If an incremental benefit is gained through the proposal by way of upgrades to existing onsite wastewater management systems. ▪ If the land capability assessment supports a variation of one or more standards of the Code of Practice-Onsite Wastewater Management, Environment Protection Authority Victoria Publication 891.4 July 2016 (as amended) standards where infill development or extensions or alterations to existing dwellings is proposed. ▪ Whether measures have been included to prevent increased surface water run-off or concentration of surface water run-off leading to increased nutrient loads, erosion, siltation, pollution of waterways courses, drains and other features. ▪ Whether a section 173 Agreement is necessary to secure ongoing maintenance or management of a wastewater system or impose limitations on development such as number of habitable rooms in a dwelling or restricting further subdivision. ▪ The potential for the proposed development to reduce water yields within the catchment.

10533 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2 DEVELOPMENT SERVICES CONT.

10.2.3 Mansfield Township Housing Strategy – Public Consultation

File Number: E4645 Responsible Officer: Senior Strategic Planner, Kathy Richardson

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in this matter.

Introduction

This report outlines the findings of the two draft documents of the Mansfield Township Housing Strategy (draft Strategy) consisting of the draft Background Report and draft Housing Strategy, and requests Council to endorse the documents for the purposes of public consultation.

Background

The Mansfield Township Housing Strategy project has been made possible through a $50,000 grant from the Victorian Planning Authority’s Streaming for Growth Program. Funding was granted to projects across Victoria that have a direct link to employment and housing. Given the current growth in Mansfield’s housing industry it seemed prudent to undertake a housing strategy to identify issues and opportunities for housing in the township and provide strategic direction and actions to address them.

The study area for the strategy is based on the township boundary as identified in the Mansfield Township Structure Plan 2015. A Residential Framework Plan has been developed that aims to identify existing and planned residential areas, where future residential growth should occur, strategic locations that require more detailed review and guidance for future planning to accommodate population growth.

Following background analysis and stakeholder engagement that formed the background report (see Appendix A Draft Background Report), a set of strategic directions was developed to form the basis for the strategy document. These included issues such as planning for residential growth and diversity, respect for heritage, character and good design, social and affordable housing and responding to climate change and environment. These are addressed in detail in the draft Strategy (see Appendix B Draft Housing Strategy). These strategic directions incorporate strategies and actions to achieve them.

An implementation plan has been developed that identifies key strategic projects to implement the actions identified. These projects are prioritised and form an extensive work plan around achieving desirable housing outcomes from a social, economic and environmental perspective.

Statutory Requirements

There are no specific statutory requirements with regards to informal public consultation of a strategic project prior to any formal planning scheme amendment.

106106. Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.3 Mansfield Township Housing Strategy – Public Consultation cont.

Council Plan

This project sits within the Council Plan 2017-2021 at Strategic Objective 4.4 - We have strong policy and decision making frameworks in place to protect and enhance the unique character of our Shire for future generations. The draft Strategy is a document that will recognise the unique qualities of Mansfield Township and how it sits within its context of the surrounding landscape.

Financial

The draft Strategy to date has been undertaken with funding made available by the Victorian Planning Authority. This has been used to engage Tract Consultants to undertake the project. Public consultation will not incur any significant additional costs that cannot be absorbed by the operational budget for Strategic Planning.

Social

The draft Strategy addresses many social aspects around housing including housing affordability for the more vulnerable members of the community including social housing and housing for the aged.

Environmental

The draft Strategy investigates issues around climate change such as sustainable design, water sensitive urban design, tree retention and planting within residential areas, bushfire risk and other environmental issues around the natural environment.

Economic

The housing market and its industries are a significant economic contributor to the Shire’s economy. Providing greater guidance to this market and a structure for growth is an important element in its continued growth and success.

The other side to this is the affordability of housing and how this is balanced with a strengthening market to allow for more vulnerable sections of the community to continue to live in Mansfield Township in an affordable and livable environment.

The draft Strategy provides strategies and actions to address these issues.

Risk Management

There are no inherent risks associated with the draft Strategy. Perhaps the only risk identifiable is that reduced and limited resources of Council staffing and budgets will delay the implementation of the actions of the draft Strategy.

107. 107 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.3 Mansfield Township Housing Strategy – Public Consultation cont.

Community Engagement

To date community consultation has been limited to the initial key stakeholder and community engagement undertaken in early to mid 2017. This consisted of two meetings publicised to key stakeholders and the broader community and a Saturday stall in High Street. Additionally, Councillors and strategic planning officers staffed a market stall at the Mansfield Bush Market. This process so far has been for the purpose of information gathering to collate key issues from the community and anecdotal evidence.

The next stage in consultation is to go out to the community with the draft Strategy documents to obtain feedback. This will inform the final Strategy document. The methodology for undertaking the next step in consultation will include two notices in Mansfield Matters section of the Mansfield Courier, placing the documents on Council’s website, a notice on Council’s Facebook page and placing the documents at the Shire offices and library. Key stakeholders will be notified of its availability.

Officer’s Comments

The draft Strategy is a robust set of documents that has incorporated analysis of the local housing market and identified issues and strategies for Mansfield Township. The Strategy document itself will be a key planning document within the Mansfield Planning Scheme that provides the blueprint for housing in the township for the foreseeable future.

Public consultation is an integral part of any strategic project as it seeks to incorporate community aspirations and identify issues that may not be easily identifiable. The gathering of anecdotal evidence is invaluable as it gives first had experience a platform to be heard.

It is officer recommendation that the draft Strategy documents (as attached to this report) be put out to public consultation for a period of one month and that any comments that are considered applicable are incorporated into the draft documents in order to finalise the documents. The final documents will then go before Council for adoption.

108. 108 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.2.3 Mansfield Township Housing Strategy – Public Consultation cont.

Councillors Olver/Westendorp:

That Council

1. endorse the draft Housing Strategy Background Report and draft Housing Strategy for the purpose of public consultation.

2. give public notice in the Mansfield Courier that the draft Housing Strategy Background Report and draft Housing Strategy is on public exhibition from 18 January 2018 to 5.00pm on 16 February 2018 and that Council is seeking written submissions on the draft Strategy, which can include a request for an opportunity to make a supporting verbal presentation to Council, as per the provisions of section 223 of the Act.

3. place a copy of the draft Housing Strategy Background Report and draft Housing Strategy on exhibition at the following locations:

- Mansfield municipal office - 33 Highett Street, Mansfield - Mansfield Library, Collopy Street, Mansfield - Mansfield Family and Children’s Centre, Davies Street, Mansfield - on the home page of Council’s website - through a link on a post on Council’s Facebook page - Council’s ‘market stall’ at Mansfield Bushmarket on 27 January 2018. Carried

Acting Development Services Manager, Dawn Bray, and Senior Strategic Planner, Kathy Richardson, departed the meeting

109. 109 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

ATTACHMENT 10.2.3

MANSFIELD TOWNSHIP HOUSING STRATEGY – PUBLIC CONSULTATION

(111 PAGES)

110. 110 DRAFT

Township Housing Strategy MANSFIELD BACKGROUND SUMMARY REPORT SEPTEMBER 2017

Mansfield Shire Council 33 Highett Street, Mansfield Private Bag 1000, Mansfield VIC 3724 t (03) 5775 8555 111 e [email protected] Wednesday 20 September 2017 1 w www.mansfield.vic.gov.au 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

Quality Assurance Report Card

Project Name 0317-017401 R001-2 Mansfield Housing Background Summary Report_Rev 10

Document Number PR01

Revision (See below) 00

Prepared By DM

Reviewed By MN

Approved By MN

Date of Issue Wednesday 20 September 2017

112 2 Contents

01 Introduction 4

1.1 What is a Housing Strategy? 4 1.2 Why prepare a Township Housing Strategy for Mansfield? 4 1.3 Project Process 6 1.4 The Project Team 6 1.5 Purpose of this Report 6 1.6 The Study Area 7 02 Context Analysis 8

2.1 Overview 8 2.2 Key Demographics and Social Trends 10 2.3 Key Influencing Documents 16 03 Community Consultation 31

3.1 Community Consultation 31 04 Analysis, Opportunities and Issues 34

4.1 Overall - Analysis / Issues and Opportunities 34 4.2 Greenfield Development - Analysis / Issues and Opportunities 51 4.3 Infill Development - Analysis / Issues and Opportunities 55 05 Summary of Key Issues and Opportunities 57

113 Wednesday 20 September 2017 3 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

The Great VictorianRail Trail

01 INTRODUCTION 1. Introduction

This section provides an introduction to the Mansfield 1.2 Why prepare a Township Housing Strategy project including its process, the study area and the structure of this report. Housing Strategy for Mansfield? 1.1 What is a Housing Strategy? The housing needs in Mansfield are diverse and A housing strategy sets a framework for changing. It is important to understand what is driving and influencing new and changing demands for housing, managing residential development and and set in place appropriate strategies and directions to future housing growth. meet housing requirements for the next 20 years. A housing strategy responds to the changing and diverse The Mansfield Structure Plan 2015, provides the basis needs of the current and future community by: for the development of the Township Housing Strategy. ■■ Identifying preferred locations for future housing. While some key elements of the structure plan have been investigated further, the housing strategy will ■ Identifying a range of lot sizes and housing types ■ provide that next level of guidance for Council. to provide housing choice. ■■ Encouraging best practice and excellence in The Township Housing Strategy has been developed to housing design and sustainability. guide land use planning and development for housing in the Mansfield township. The Strategy has been ■ Ensuring future residential development respects ■ developed through a process involving community and the valued character elements and heritage of stakeholder input, research and investigations. Mansfield. ■■ Ensuring future residential development responds to climate change and limits exposure to natural hazards. ■■ Supporting the provision of services and infrastructure and affordable housing. A housing strategy provides the basis for planning controls which will be used to assess planning and building permit applications.

114 4

Other factors influencing housing and residential development in Mansfield are outlined below:

Physical Context Planning and i.e. climate, Policy Context environment, topography, location

Valued Best Practice Character Techniques Elements / i.e sustainability, environmentally History sustainable design CURRENT AND FUTURE HOUSING Changing Global Impacts Demographics and Social Trends i.e. climate change

Personal Housing Market Preferences i.e. large lots

115 Wednesday 20 September 2017 5 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

1.3 Project Process The Mansfield Housing Strategy is running throughout 2017, and is made up of the following stages;

Background Vision and Draft Housing Finalise the 1 Research 2Strategic 3Strategy 4 Housing Directions Strategy

April - May May 2017 June - September Early September 2017 2017

Analysis and Develop a vision Develop a draft Finalising the investigations to and strategic housing strategy housing strategy. understand the directions for the for Mansfield. key issues and housing strategy. opportunities associated with housing and residential development in Mansfield.

Findings from Findings from Findings from Stage 1 will Stage 2 will Stage 3 will inform the vision inform the inform the and strategic draft Housing final Housing directions. Strategy. Strategy.

Stage 2 Stage 1 Potential Consultation Consultation Consultation Information Feedback on the if required. draft housing Gathering strategy.

1.4 The Project Team 1.5 Purpose of this Report This project is being undertaken by Mansfield Shire This Background Summary Report has been prepared Council in conjunction with specialist consultants. to document the issues and opportunities surrounding current housing trends and expectations in Mansfield. The project team includes: This report synthesises the background research, site 1. Mansfield Shire Council; analysis, and consultation undertaken by the project team. 2. Tract Consultants - Lead Consultant / Urban Design/ Landscape / Planning; The preparation of this report will enable the project team to recommend any changes to the future direction 3. Essential Economics; and of residential growth in Mansfield, to locate key areas 4. The Mansfield community. for development, and also take into account the requirements and views of landowners and residents.

116 6 1.6 The Study Area The study area for the housing strategy is generally bounded by the Township Urban Growth Boundary as identified on the figure below.

SCALE 1:30,000

Figure 1 The Study Area 117 Wednesday 20 September 2017 7 Views0317-0174 to the 01 R001-2 east Mansfield and the Housing local Background hills alongSummary MtReport_Rev 10 Battery Road

2. Context Analysis

2.1 Overview Mansfield is a historic town, located approximately 180km Whilst Council cannot directly influence population north east of Melbourne along the Maroondah Highway. growth, Council has a clear role to plan for and accommodate the housing needs of the current and Situated in Mansfield Shire, the town is the largest in future community. the municipality and provides civic, business, retail, educational and social services to the surrounding Population growth in Mansfield is projected to increase community. Nearby towns include Merton, Bonnie Doon, approximately 1.6% per annum to reach a population of Tolmie, Merrijig, Jamieson and Woods Point. 4,098 by 2031. This is an increase of approximately 829 people over 20 years. It is anticipated that there will also The Hume Regional Growth Plan identifies Mansfield be a change in demographics with an ageing population as a town for key sub regional settlement. It recognises and fewer people in each household. Context Analysis that Mansfield offers residential growth opportunities 02 given its unique natural characteristics and the lifestyle This trend places pressures on existing housing and benefits offered. It also noted that this growth needs to requires consideration of where additional housing be managed to protect environmental assets and values diversity can be accommodated to protect the long term and limit exposure to natural hazards such as bush fire liveability, affordability, and sustainability of the township. and flood.

118 8

WANGARATTA

GLENROWAN

BENALLA

HUME FWY

50km Radius WHITFIELD MIDLAND HIGHWAY

MANSFIELD- LAKE WHITFIELD ROAD NILLAHCOOTIE

BARJARG TOLMIE 15km Radius BARWITE 0k 1 m Radius MAROONDAH HIGHWAY MAINDAMPLE 5km Radius

MANSFIELD

MERRIJIG

HOWES CREEK

BOOROLITE DELATITE PIRIES DELATITE PLANTATION MT BULLER ROAD

GOUGHS BAY

HOWQUA HILLS MOUNTAIN BAY MACS COVE

HOWQUA LAKE EILDON

MANSFIELD-WOODS POINT ROAD Figure 2 Location Map

119 Wednesday 20 September 2017 9 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

2.2 Key Demographics and Social Table 1 Selected Socio-Economic Characteristics Trends CATEGORY MANSFIELD REGIONAL 2.2.1 Basic Community Profile VICTORIA

The following data is relevant to the Mansfield urban Income area, which is generally consistent with the Study Area Median individual income (annual) $25,490 $25,740 boundary as shown in Figure 1. This data has been derived from the 2011 National Census of Population and Variation from Regional Victoria -1.0% 0.0% Housing. median Selected socio-economic characteristics are provided Median household income (annual) $44,910 $49,270 in the tables opposite and the highlights summarised Variation from Regional Victoria -8.8% 0.0% below: median ■■ Median annual household income ($44,910) is lower Age Structure than that of Regional Victoria ($49,270). 0-4 years 7.4% 6.3%

■■ The median age (43 years of age) in Mansfield is 5-19 years 17.9% 19.7% generally consistent with Regional Victoria (41); 20-34 years 14.8% 16.0% ■■ The proportion of residents born in Australia in Mansfield (91.1%) is higher than in Regional Victoria 35-64 years 39.1% 40.4% overall (88.8%); 65-84 years 16.9% 15.2%

■■ Mansfield has a relatively even proportion of couple 85 years and over 3.9% 2.3% families with no children (40.8%) and couple family with children (37.1%); Median Age (years) 43 41 ■■ There is a higher proportion of one parent families in Country of Birth Mansfield (20.3%) than in Regional Victoria (16.1%); Australia 91.1% 88.8%

■■ Mansfield has a high proportion of separate / Other Major English Speaking 5.2% 5.4% detached housing (81.6%). That being said, it does Countries have a higher proportion of smaller housing types Other Overseas Born 3.8% 5.9% including semi-detached, row or terrace house, townhouse, flats, units and apartments (17.3%) than % speak English only at home 96.3% 94.4% Regional Victoria (10.1%); Family Composition ■■ The proportion of households in Mansfield renting Couple family with no children 40.8% 42.2% (30.1%) is higher than in Regional Victoria (25.2%); Couple family with children under 26.6% 28.2% ■■ The median weekly rents for Mansfield ($200) are 15 years higher than Regional Victoria ($190); Couple family with no children 10.5% 12.2% ■■ Mansfield contains a significantly higher proportion under 15 years of persons identifying as Technician and Trade Work- Couple family with children - Total 37.1% 40.4% ers (21.9%) than Regional Victoria (15.7%). In contrast, the proportion of persons identifying as Managers Couple family - Total 77.9% 82.7% and Professionals is lower in Mansfield (23.5%) than One parent family with children 11.1% 9.1% in Regional Victoria (32.6%). under 15 years

One parent family with no children 9.2% 7.0% under 15 years

One parent family - Total 20.3% 16.1%

120 10 Table 2 Selected Socio-Economic Characteristics Table 3 Selected Socio-Economic Characteristics continued continued

CATEGORY MANSFIELD REGIONAL CATEGORY MANSFIELD REGIONAL VICTORIA VICTORIA

Dwelling Structure (Occupied Private Dwellings) Highest Year of School Completed (% of population aged 15 years and over) Separate house 81.6% 88.9% Year 12 or equivalent 37.5% 37.0% Semi-detached, row or terrace 13.8% 4.0% house, townhouse etc. Year 9-11 or equivalent 47.5% 45.3%

Flat, unit or apartment 3.5% 6.1% Year 8 or below 7.6% 8.5%

Other dwelling 1.0% 1.1% Did not go to school 0.5% 0.5%

Occupancy rate 85.4% 83.0% Highest year of school not stated 7.0% 8.7%

Average household size 2.3 2.4 Occupation

Tenure Type (Occupied Private Dwellings) Managers & professionals 23.5% 32.6%

Owned outright 38.3% 39.6% Clerical & sales workers 35.9% 32.2%

Owned with a mortgage 30.8% 34.3% Technicians & trades workers 21.9% 15.7%

Rented 30.1% 25.2% Machinery operators & drivers 5.7% 7.0%

Other tenure type 0.8% 0.8% Labourers & related workers 12.9% 12.5%

Housing Costs Industry of Employment (employed persons aged 15 years and over)

Median monthly mortgage $1,290 $1,320 Primary sector 5% 9% repayment Secondary Sector 18% 20% Variation from Regional Victoria -2.3% 0.0% median Tertiary sector 77% 72%

Median mortgage as a share of 34.5% 32.1% Producer services 14% 17% median household income Consumer services 62% 54% Median weekly rents $200 $190

Variation from Regional Victoria 5.3% 0.0% median

Share of occupied dwellings 71.4% 73.2% connected to the internet

Car Ownership per Dwelling

None 6.8% 6.7%

One 41.7% 34.8%

Two 34.4% 38.7%

Three of more 17.1% 19.8%

Attending Education (% of those attending)

Pre-school 10.2% 7.4%

Infants/Primary 35.0% 36.8%

Secondary 31.7% 31.6%

Technical or Further Educational 10.7% 9.8% Institution

University or other Tertiary 5.6% 11.1% Institution

Other type of educational institution 6.8% 3.2%

% of total population attending 24.2% 28.5% education

121 Wednesday 20 September 2017 11 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

2.2.2 Historic Population Growth 2.2.3 Projected Population Growth

Table 4 provides the estimated residential population at Table 5 provides the VIF2016 population projection for 2006, 2011 and 2016, the average annual rate of growth the municipality and a derived forecast for the town area between each five year period and the annual average (an area consistent with the Study Area) based on the numerical growth rate. assumption that, with additional residential development opportunities available going forward, Mansfield (town) The area for which the data is provided is that of the will assume a greater proportion of the Shire's population Mansfield urban area, consistent with the Study Area growth. boundary on Figure 1. The ABS estimates Mansfield (town) accounted for 47% It demonstrates that generally growth within Mansfield of the Shire's growth between 2011 and 2016. For the has been stable. purposes of this forecast, it has been assumed that the Table 4 Recent Population Growth (Mansfield 2006 to town will account for 60% of the Shire's growth between 2016). 2016 and 2021, 65% between 2021 and 2026 and 70% between 2026 and 2031. 2006 2011 2016 The result is a township population of 4,098 in 2031. This Population 2,913 3,089 3,269 is lower than the forecast contained in the Deep End Report (May 2014) prepared as part of the Mansfield Average Annual Growth (%) 1.2% 1.1% Structure Plan, primarily because that report was Average Annual Growth (no.) 35 36 informed by Victoria In Future 2012 which assumed a higher Shire projection. The VIF 2016 projection estimates Shire growth at 9,595 in 2031, as opposed to 10,040 (VIF 2012).

Table 5 Projected Population Forecasts

2016 2021 2026 2031

Victoria In Future 2016

Mansfield Estimated Residential Population 8,325 8,719 9,140 9,595 (Municipality)

Rate of Growth (%) 0.9% 0.9% 1.0%

Average annual growth (no.) 79 84 91

Derived forecast

Mansfield (Town) Estimated Residential Population 3,269 3,505 3,779 4,098

Rate of Growth (%) 1.4% 1.5% 1.6%

Average annual growth (no.) 79 84 91

122 12 2.2.4 Building Approvals and Dwelling Forecasts Table 7 Dwelling Demand 2016-2031 ABS approvals data provides an insight into the level of building activity. This is provided at a municipal level and 2016 2021 2026 2031 includes dwellings for non-permanent occupancy. Estimated Residential Population

Table 6 ABS Building Approvals Data 2012 - 2016 Mansfield Township 3,269 3,505 3,779 4,098

ABS BUILDING APPROVALS DATA Remainder of Mansfield 5,056 5,214 5,361 5,497 Shire Total Dwellings 2012 2013 2014 2015 2016 Total: Mansfield Shire 8,325 8,719 9,140 9,595 Mansfield 37 15 27 14 24 Municipality Persons in occupied private dwellings

Mansfield Township 3,092 3,298 3,537 3,832

Table 7 provides a forecast of Dwelling Demand from Remainder of Mansfield 4,591 4,729 4,846 4,964 2016 to 2031. The starting point is the VIF2016 projection Shire for the municipality and the derived forecast for the Total: Mansfield Shire 7,683 8,027 8,381 8,798 Mansfield Township. Assumptions have been made Average household size around Average Household Size and Occupancy Rate. Mansfield Township 2.14 2.12 2.11 2.11 The result is a need for Structural Private Dwellings for Mansfield Township of 27 per annum between 2016 and Remainder of Mansfield 2.25 2.23 2.22 2.20 2021, 33 between 2021 and 2026, and 37 between 2026 Shire and 2031. Total: Mansfield Shire 2.21 2.19 2.17 2.16

This is a lower figure than that established in the Deep Occupied private dwellings End report of May 2014. This is primarily due to VIF2016 revising future growth in Mansfield Shire down from Mansfield Township 1,445 1,556 1,676 1,816 where VIF2012 had projected. Remainder of Mansfield 2,040 2,121 2,183 2,256 It can be noted that the number of dwellings at the base Shire date (2016) is higher in this projection/forecast because Total: Mansfield Shire 3,482 3,672 3,858 4,067 the Average Household Size applied in the VIF2016 Occupancy Rate projections is lower than that used in the Deep End report. Mansfield Township 84.2% 84.0% 83.1% 82.5%

Remainder of Mansfield 44.6% 44.3% 44.1% 43.9% Shire

Total: Mansfield Shire 55.4% 55.3% 55.4% 55.4%

Unoccupied private dwellings

Mansfield Township 271 296 340 385

Remainder of Mansfield 2,532 2,669 2,768 2,883 Shire

Total: Mansfield Shire 2,807 2,969 3,111 3,273

Total structural private dwellings

Mansfield Township 1,716 1,852 2,017 2,201

Remainder of Mansfield 4,573 4,789 4,951 5,140 Shire

Total: Mansfield Shire 6,289 6,641 6,969 7,340

Average annual dwelling requirement (no.)

Mansfield Township 27 33 37

Remainder of Mansfield 43 32 38 Shire

Total: Mansfield Shire 70 65 74

123 Wednesday 20 September 2017 13 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

2.2.5 Household Composition 2.2.6 Social Housing

The following table highlights the projected change in Adequate supply of social housing remains a critical household type at a municipal level. This projection is issue across Australia. This shortage has resulted in an useful in providing some insight into how much medium increasing number of households renting in the private density, conventional density and rural residential land market where the availability of affordable housing might be required. has declined, thereby leaving many families and disadvantaged households without a suitable place to However, it's important to note that, generally, a greater live. The volume of housing applicants far exceeds the proportion of persons prefer conventional density number of available dwellings. housing than a strict analysis of household types would suggest, particularly in regional areas. In 2016, Victoria had a total of 86,266 social housing properties, of which 75% were public housing, 22.7% This projection (which comes directly from VIF2016) is community housing and 2.3% Aboriginal community for the whole of Mansfield Shire. While projections of housing. household types for the separate areas are not available, the 2011 census notes that couples without children Social housing is made up of two types of housing, comprised 50.1% of the total Shire and only 40.8% of the public housing and community housing and is for people township, while one parent families were 13.3% for the on low incomes who need housing, especially those who Shire but 20.1% for the township. The other household have recently experienced homelessness, family violence types are similar. or who have other special needs. Social housing is short and long term rental housing that is owned and run by Table 8 Household Types the government or not for profit agencies.

HOUSEHOLD TYPES 2016 2021 2026 2031 In terms of context, 1700 more social housing homes are needed each year over the next 20 years to maintain Couple family with 768 760 778 815 social housing at its current 3.5% share of the total homes children in Victoria. This requires an increase of over 30,000 social Couple family without 1,208 1,298 1,357 1,392 homes over the next two decades. Further to this, double children this amount of social housing homes is needed over One-parent families 285 289 301 322 the next 20 years if lower income households, currently facing housing stress in the private rental market, are to Other family have affordable housing. Group household 94 102 109 115 At the time of the 2016 census, Mansfield (LGA) had 27.4% Lone person 1,105 1,197 1,290 1,392 of households with an income less than $650 (compared with 20.3% of Victoria) and 6.8% of households had All household types 3,482 3,671 3,862 4,066 a weekly income of more than $3,000 (compared with 15.5% of Victoria). This combined with a higher proportion of households in Mansfield renting (30.1%) than in Regional Victoria (25.2%) and higher median weekly rent for Mansfield ($200) compared with Regional Victoria (25.5%) clearly shows a need for affordable housing. Further to the above, the population of Mansfield is an ageing one whereby a substantial proportion of the projected population growth in the Shire will involve an increase in the number of people at or approaching retirement age. This is likely to result in an increased demand for smaller housing options and in some cases, affordable housing options.

124 14 A report prepared by La Trobe University , identifies the 2.2.10 Summary of Key Demographic and moderate projected population growth for Mansfield Social Trends which could put further strain on the private rental market with significant affordability problems and could create greater need for social housing. At the time of this report, Mansfield is identified as having 77 DHHS owned and community-owned housing options in the form of houses or medium density (attached) dwellings. It is noted that between the years of 2004-2014 the percentage of rental housing that is ‘affordable’ in Mansfield has decreased from 86.5% in 2004 to 54.8% in 2014. In this definition, ‘affordable housing’ requires OUR POPULATION IS THERE IS A NEED FOR that no more than 30% of gross income is spent on rent. GROWING MORE HOUSING The Future in Victoria 2012 data To support the estimated population 2.2.7 Housing Affordability estimates an average population growth, an additional 27 new homes growth of 55 persons per year within will the required each year. With housing affordability in Mansfield significantly the Mansfield Township. decreasing (between the years 2004-2014) this suggests a need for more affordable housing options for existing and future residents. This housing could be delivered in many forms but is likely to take the form of smaller housing typologies such as units and townhouses which are well located in terms of services and infrastructure. Affordable Housing is defined by the Department of Health and Human Services (DHHS) as housing that meets the needs of low to moderate income households unable to access suitable housing in the private market without assistance. PEOPLE ARE GETTING HIGH RENTAL RATES 2.2.8 Rentals Mansfield has a relatively high rate of OLDER rented private dwellings, compared The percentage of rental housing that is considered A substantial proportion of the to Mansfield Shire and the regional projected population growth in the Victorian average. ‘affordable’ in Mansfield has significantly decreased over Shire will involve an increase in the This is likely to include a large number number of people at or approaching time. Mansfield also has higher median weekly rental of holiday rentals. rates when compared with Regional Victoria overall. This retirement age. This is likely to increase demand for retirement and indicates a need for more affordable rental properties, aged care facilities as well as smaller either in the form of community housing or a shift in the housing options for those looking to typical housing typology to encourage smaller housing downsize. types which may provide more affordable housing options. The Latrobe report identifies the lack of 1 bedroom rental dwellings overall in the Hume region as a significant barrier in accessing affordable private rental housing.

2.2.9 Crisis and Emergency Accommodation � Based on anecdotal commentary through consultation for the Housing Strategy, there were suggestions from HOUSEHOLDS ARE HOUSES ARE the community organisations that there was a need for CHANGING BECOMING LESS crisis/emergency accommodation. Mansfield has an above average AFFORDABLE proportion of lone person households The Latrobe study identifies Mansfield’s projected and a lower proportion of couple Rental prices in Mansfield were found population growth as 1.2%, a rental affordability index households (for regional Victoria). to be higher than other regional towns across Victoria. of 54.8% and rate of homelessness as 0.7%. It is noted This trend is anticipated to continue in the future and is likely to generate a however that limitations on data and reporting are such demand for smaller houses. that some cases, particularly of homelessness related to domestic violence are not accurately captured. Nonetheless there is a demonstrated need for more housing including crisis/emergency and short term accommodation suitable for single person households within Hume as a whole. 125 Wednesday 20 September 2017 15 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

2.3 Key Influencing Documents A number of planning policies, studies, projects currently exist for Mansfield relevant to the housing strategy. These include:

2.3.1 State Planning Policy

HUME REGIONAL GROWTH PLAN

Prepared in partnership between local government and state agencies and authorities

Plan Melbourne Hume Regional Growth Plan, May 2014 Plan Melbourne recognises that regional Victoria The Hume Regional Growth Plan provides a regional accounts for 25 percent of Victoria’s population. By the approach to land use planning in the Hume Region, census year of 2051, the population of Victoria’s regions including the Mansfield municipality. is expected to grow from 1.5 million to 2.2 million. The Plan identifies Mansfield as an area of moderate Development of individual cities and towns should be urban growth in the Central Hume subregion that is in keeping with their character and balanced with the serviced by larger regional towns further west and south. protection of the productive land, economic resources It will provide for increased tourist development while and biodiversity assets that are critical to the state’s continuing to support surrounding rural communities by economic and environmental sustainability. providing services and access to services in larger urban Relevant policies in relation to Mansfield in Plan localities Melbourne include: ■■ Policy 7.1.1 – Stimulate employment and growth in regional cities. This policy requires that development strategies be made that reflect the individual growth opportunities and priorities of each regional city, including the identification of urban renewal and infill opportunities to optimise infrastructure investment and surplus government land

126 16 2.3.2 Local Planning Policy Clause 21.01 Municipal Profile This policy identifies the need to provide for residential ■■ Development should not lead to a concentration expansion as a key issue for the Mansfield Shire. of dwellings so as to change the land uses and/ or character of the rural locality, unless it can be The key issues identified in relation to settlement and shown that the clustering of dwellings will not limit housing includes: the productive use and development of adjacent ■■ To maintain the role of Mansfield Township as the agricultural land. main town in supplying the majority of housing ■■ Only consider future rezonings where the land is growth; close to infrastructure and town facilities, of higher ■■ To ensure that there is sufficient land supply to meet visual amenity and capable of sustaining a higher lot demand; yield and managing wastewater on site. ■■ To provide a diversity of housing choices including ■■ To master plan new rural living estates based on ‘lifestyle’ opportunities on rural living land and appropriate lot size. medium density housing; and Clause 21.04 Heritage and Character ■■ To protect productive agricultural land and to This Clause recognises that the character of Mansfield is address the pressure to use it for other purposes than linked to its heritage. The character of Mansfield can be farming. distinguished as urban and rural character. The clause Clause 21.02 Vision aims to ensure that the urban character of the Mansfield Township is maintained. This policy aims to implement the Council Plan 2013-2017. The Mansfield Township has been identified as the focus Clause 21.05 Environment and Natural for residential, industrial and commercial development Resource Values (as compared to other towns within the municipality). This clause provides local content to support Clause 12 Clause 21.03 Settlement and Housing (Environmental and landscape values) and Clause 14 (Natural resource management). The clause aims to implement the aims of the Council Plan 2013-2017. As landscape features and environmental values feature prominently in the Mansfield area, the protection and Relevant strategies of the policy include: management of these significant landscapes is critical. ■■ Ensure there is a sufficient land supply to support The relevant strategies and objectives include: residential growth. ■■ Protecting significant landscape features, large old ■■ Encourage medium density housing within 400 trees, visually significant ridges and view corridors of metres of shopping centres and other services and the Shire. facilities. ■■ Protect areas of remnant vegetation, including ■■ Provide a broad range of housing opportunities, roadside vegetation, scattered trees and native including medium density housing for an ageing grasslands. community. ■■ Seek balance between maintaining biodiversity ■■ Retain the fully serviced low density residential values and encouraging appropriate development. development at the Kareen Hills estate. ■■ Prevent unjustified removal of native vegetation. ■■ Provide a land supply that meets demand for ‘rural lifestyle’ opportunities, principally in the Rural Living ■■ Ensure residential and rural living projects protects Zone. native vegetation. ■■ Ensure housing needs for the community in ■■ Ensure best practice W.S.U.D. general are to be met within the townships and the ■■ Prevent development in the catchment that is designated rural living areas in the Shire. detrimental to water quality. ■■ For lots of less than 10 hectares that are not Crown ■■ Provide a riparian buffer of 30m to development. allotments ensure any residential development is sited to minimise off site impacts, including ■■ Discourage land uses in the upper catchments of avoidance of impacts on adjoining agricultural land use.

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Clause 21.09 Mansfield Township Clause 21.10 Local Areas This Clause recognises that the Mansfield Township is This Clause recognises the importance of each of the expected to grow from a population of 3,120 to 4,385 in smaller settlements within Mansfield Shire, and the 2031 and that this growth will need to be supported by implementation of the objectives and strategies set out an additional 900 dwellings in 2031. in Clauses 21.03-21.08. Relevant objectives and strategies of this policy are listed Clause 22.03 Floodplain Management below in Table 9. This Clause and its planning controls ensures that risks associated with the use and development within the floodplain are recognised and appropriately responded to via the planning permit process.

Table 9 Clause 21.09 Key Objectives and Strategies

Objectives Strategies

To provide an adequate land supply ■■ Contain and intensify residential development within existing to meet current and future housing residentially zoned land. needs. ■■ Encourage the redevelopment of key strategic sites, infill sites and currently vacant General Residential land. ■■ Discourage any proposed General Residential rezonings in the short to medium term (0-10 years). ■■ Discourage any proposed Low Density Residential rezonings in the short term (0-5 years). ■■ Discourage any proposed Rural Living rezonings in the medium to long term (10-20 years). ■■ Ensure land south of Stoneleigh Road is protected for a long term residential growth corridor. To maintain housing affordability ■■ Encourage higher density development in areas that can capitalise on and increase the range of housing existing physical and social infrastructure in proximity to the town centre, choices. including a range of smaller dwelling sizes. ■■ Encourage a range of lot sizes within new subdivisions to provide for a variety of dwelling sizes. ■■ Support smaller housing options and retirement and aged care accommodation within proximity to existing social and physical infrastructure close to the town centre. ■■ Encourage opportunities to increase the supply of affordable housing within the private and public sector to cater for lower income households, older people and young people who wish to remain in the town. ■■ Support facilities for temporary housing to provide accommodation for workers during peak summer and winter periods To encourage development that ■■ Implement the Mansfield Heritage Survey and provide appropriate respects the unique character and statutory protection for places of heritage significance. location of Mansfield Township ■■ Use the Development Plan and Design and Development overlays and and protects areas of natural, environmental buffer areas to ensure that new residential development environmental, architectural and does not disrupt or restrict existing or future viable agricultural, industrial, cultural significance. or rural activities ■■ Ensure that new residential development protects existing environmental features, including: large stands of trees, remnant River Red Gums, native vegetation, native animal habitat and movement corridors, high points, watercourses and drainage lines ■■ Ensure new development achieves high standards of urban design, architecture and landscape architecture ■■ Encourage new subdivisions to adopt best practice in relation to walkable neighbourhoods, water sensitive urban design and other energy efficient/sustainability initiatives

128 18 2.3.3 Planning Zones

The following zones are relevant to the Mansfield Housing Strategy study area: General Residential Zone (GRZ) - The GRZ has been Low Density Residential Zone (LDRZ) - The LDRZ applied to existing the township areas generally between applies to pockets the north west east of the township, Dead Horse Lane to the north, Stoneleigh Road and along Mansfield - Whitfield Road, closer to the town Monkey Gully Road to the south, Fords Creek to the east centre along Mansfield - Whitfield Road, to the south and Kidston Parade and Stock Route to the west. west of the township near Kidston Parade and Malcom Street and to the east of Stock Route. LDRZ provides for This purpose of the zone is to ensure development low-density residential development on lots which, in the respects and preserves neighbourhood character absence of reticulated sewerage, can treat and retain all while allowing modest housing growth and diversity. wastewater. Nonresidential uses which serve local community needs are permitted in appropriate locations.

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Figure 3 Planning Zones

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Rural Living Zone (RLZ) - Areas of RLZ are generally Mixed Use Zone (MUZ) - The MUZ has been applied to located outside the township boundary to the east, west a small group of properties at the corner of Mount Buller and south. A small pocket also lies between industry and Road and Greenvale Lane, along Cheney Street leading Low Density Residential Uses to the north of the town. into the town centre and north of Mullum Wetlands. RLZ provides for residential use in a rural environment The MUZ seeks to provide for a range of residential, and agricultural land uses which do not adversely affect commercial, industrial and other uses which complement the amenity of surrounding land uses. the mixed-use function of the locality. It also provides for housing at higher densities. Farming Zone (FZ) - The FZ generally applies to areas outside the township boundary, although there are areas Urban Floodway Zone (UFZ) - Applies to low lying of farming to the north west of the town, near Dead areas along Fords Creek. The purpose of this zone is Horse Lane. to identify and protect waterways, major flood paths, drainage depressions and high hazard areas within urban The purpose of the zone is to encourage the retention of areas which have the greatest risk and frequency of being productive agricultural land and ensure non-agricultural affected by flooding. uses such as dwellings do not affect the use of land for agriculture. Much of this area is identified in the Mansfield Public Use Zone (PUZ) - Applies to various properties Structure Plan as requiring further investigation. throughout Mansfield including schools, the hospital, the water treatment plant and the waste water treatment Industrial 1 Zone (IN1Z) - Areas of IN1Z are dispersed plant. It recognises public land for public utility use for throughout the township. Key pockets are located public utility and community services and facilities. along Dead Horse Lane between Midland Highway and Mansfield - Whitfield Road, south of Mount Buller Road Public Park and Recreation Zone (PPRZ) - Applies to towards the town entry, south of Lakins Road and along scattered open space reserves throughout Mansfield. It Stock Route, to the west of the town centre. generally identifies and protects public recreation and open space. This zone provides for manufacturing industry, the storage and distribution of goods and associated uses in Commercial 1 Zone (C1Z) - The main C1Z area is a manner which does not affect the safety and amenity generally located along Maroondah Highway and of local communities. extends to the Gold Course to the east and Fords Creek to the west. C1Z seeks to create vibrant mixed- use commercial centres for retail, office, business, entertainment and community uses, with residential uses at complementary densities. Commercial 2 (C2Z) Zone - The C2Z has been applied to land along Mount Buller Road which lies between Greenvale Lane and Reardon Lane. C2Z encourages offices, appropriate manufacturing and industries, bulky goods and other retailing, with associated business and commercial services.

130 20 2.3.4 Planning Overlays Clause 42.01 Environmental Significance Overlay – Schedule 1 (Lake Eildon The following overlays are relevant to the Mansfield Catchment) Housing Strategy study area: This clause applies to the catchment for Lake Eildon Clause 42.03 Significant Landscape Overlay and aims to protect these areas to ensure it remains – Schedule 1 (Alpine Approach Significant attractive to residents and visitors and that land use and Landscape Area) development are not detrimental to the quality of water This clause aims to identify and protect the visual values on the catchment. This overlay applies to land to the of the state significant landscape on the approaches south of Maroondah Highway approach. to the surrounding hills. In particular, it seeks to protect Clause 45.03 Environmental Audit Overlay the short and long distance views of Mount Buller from Mount Buller Road approach roads and public This Clause ensures that potentially contaminated land is viewpoints. All proposed developments must be of suitable for a use which could be significantly adversely muted tones and constructed in non-reflective materials, affected by any contamination. to the satisfaction of the responsible authority.

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Figure 4 Planning Overlays - Landscape and Environment

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Clause 43.04 Development Plan Overlay – Clause 43.01 Heritage Overlay Schedule 1-4 (General Residential Zone and Mixed Use Zone, Low Density Residential This Clause identifies areas have natural or cultural Zone, Rural Living Zone, Southern Side of significance, in order to preserve and enhance the High Street) elements which contribute to the places of heritage significance. This includes Victorian Heritage Registered This Clause identifies areas which require the form and elements, and ones of local significance. HO30, HO32 conditions of the future use and development to be and HO33 are VHR properties, whilst HO31 is of local shown on a development plan before a permit can be significance. granted to use or develop the land. Clause 43.02 Design and Development Different schedules provide guidance for specific land Overlay – Schedule 1 (Alpine Approaches use outcomes, which have to be generally in accordance and Township Gateways) with the Development Plan incorporated within the This overlay ensures that building design, form, height, Planning Scheme. The objectives and guidelines for each appearance and scale, complement the adjacent schedule are specific to the zone that applies to each gateway to and from Mansfield. area of land covered by the overlay.

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Figure 5 Planning Overlays - Heritage and Built Form

132 22 Clause 44.03 Floodway Overlay Clause 44.06 Bushfire Management Overlay This Clause identifies waterways and major floodpaths This Clause ensures that the development of land and high hazard areas which have the greatest risk and prioritises the protection of human life and strengthens frequency of being affected by flooding. It also ensures community resilience to bushfire. It ensures that that development maintains or improves river and development is only permitted where the risk to life and wetland health, waterway protection and flood plain property from bushfire can be reduced to an acceptable health. level. Clause 44.03 Land Subject to Inundation Overlay This Clause identifies land areas affected by the 1 in 100 year flood, and ensures that development maintains the free passage and temporary storage of floodwaters.

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Figure 6 Planning Overlays - Land Management

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Amendment C36 Amendment C36 proposes to implement the planning Dwelling growth has been occurring at an average actions of the Mansfield Shire Domestic Wastewater of 2.0%pa in Mansfield and is forecast to experience Management Plan 2014 (DWMP) to better manage dwelling growth of approximately 45 new homes per development that has potential to affect water quantity year over the next twenty years. A total of 900 new and quality in special water supply catchments. dwellings are projected to be required within Mansfield The DWMP was prepared to address the Ministerial over the period 2011 to 2031. Mansfield is a focus for Guidelines for Planning permit applications in open, higher density residential development. Apartments potable water supply catchment areas (November account for 17% of all dwellings in Mansfield. 2012), with a view to being able to relax precautionary There are large parcels of vacant General Residential Zone development restrictions imposed to protect water land that are capable of accommodating a large supply supply catchments. of conventional housing and there are a large number Areas within the Mansfield Township Boundary of vacant lots in the Kareen Hills Estate and River Gum were identified in the DWMP as having a low risk of Estate. Land in the Highton Lane Development Plan area development impacting water quality in the catchment. is capable of accommodating up to 40% of the future As such the amendment does not propose to apply dwelling requirements. The Structure Plan considers an Environmental Significance Overlay (ESO) here. The immediate rezoning of residential land unnecessary amendment does however propose to apply an to areas given the supply of existing residentially zoned land to the south of the Township Boundary, which were available. The Plan advises that Council should avoid identified as having a high - medium risk of development the intensification of residential development at the impacting water quality in the catchment. periphery of Mansfield. Implementation 2.3.5 Local Strategies and Plans Amendment C37 of the Mansfield Planning Scheme implements the recommendations of the Mansfield Mansfield Township Structure Plan 2015 Township Structure Plan 2015, the Mansfield Planning Scheme Review Report and the Merrijig Framework Plan. The Amendment was exhibited 1 October 2015 and gazetted 8 December 2016. The Panel supported the Amendment and most of the proposed changes. The Structure Plan informed the new Clause 21.09 – Mansfield Township in the revised Municipal Strategic Statement and it is now included as a reference document at Clause 21.03-6 – Settlement and Housing. The Amendment also rezones land in accordance with the Structure Plan. Specifically, the Amendment has: ■■ Rezoned land on Mansfield-Whitfield Road (known Mansfield Shire Council as Kareen Hills estate) from General Residential Zone – Schedule 1 to Low Density Residential Zone. Mansfield Township Structure Plan, Mansfield Shire Council, 2015 ■■ Amended Planning Scheme Map No.9DPO and 12DPO to delete DPO1 from Kareen Hills estate and The Mansfield Structure Plan 2015, provides the basis for apply a DPO2 to Kareen Hills estate. the development of the housing strategy. While some key elements of the structure plan will be investigated ■■ Replaced the schedule to Clause 32.03 with a new further, the housing strategy will provide that next level Schedule to Clause 32.03. of guidance for Council. ■■ Replaced Schedules 1 and 2 to Clause 43.04 – The Structure Plan recommendations are focused on the Development Plan Overlay with new Schedules 1 existing urban area. It aims to develop an understanding and 2. of gaps in Mansfield’s housing stock (i.e. seasonal ■■ Amended Planning Scheme Map No. 12 to rezone housing demands and rental accommodation) which are Mount Buller Road commercial area (except impeding economic growth. 8 Timothy Lane) from Commercial 1 Zone to The population of Mansfield is currently 3,120. Overall Commercial 2 Zone. an additional 1,200 residents are predicted to live in Mansfield by 2031. Of the current population, 40% of the Shire’s population are living in Mansfield township. Mansfield has a relatively older age profile with an average age of 42.5 years.

134 24 13.0 Overall Plan

Development Guidelines to manage interface, Racecourse - explore including: setbacks, location of storage areas, future alternative uses vehicle access, landscaping and built form including possible active playing field location for Council. Discussion MANSFIELD TOWNSHIP LAKINS ROAD required with government. FRAMEWORK PLAN “Investigation Area’ Kareen Hills Estate * Industrial Fully serviced LDRZ MANSFIELD WASTE Zone Land “Investigation Area’ WATER 500m BUFFER TREATMENT PLANT Council ZONE Depot Investigate rezoning HIGHETT STREET (medium term) to LDRZ. DEAD HORSE LANE Creek Crossing Will require upgrade to Dead Horse Lane Currently RLZ industrial estate * Withers Lane and Dead NE Consider medium term

Currently LA rezoning to LDRZ Horse Lane and buffer zone * Farming Zone STOCK to sewerage plan Industrial zoning (medium long term) conflicts with adjoining residential Retain zones * Farming LDRZ General TOWNSHIP Zone AD Residential MAR OOND Development* Plan Connection D RO Zone GRZ *L AH H to Botanic GATEWAY E I I * GHW Garden AY F OVERALL PLAN T application for 73 lots I

H

WITHERS LANE

W Residential Township Urban Growth Boundary Wetlands * MUZ subdivision Heritage Site potential - Railway and MANSFIELD- Core Retail Visitors Centre Yencken Hills Hardware Community/ Civic Precinct INDZ BOTANIC * GARDENS BEOLITE HIG Explore rezoning H STREET VILLAGE * Residential development to MUZ or Residential * * MT BATTERY ROAD subject to environmental Tennis opportunities MANSFIELD Club Recreation * considerations Reserve GOLF CLUB Low Density Residential

VICTOR IA STRE SHOW ET MUZ GROUNDS Retain landscape median LORDS HUNT Development is restricted by OVAL ER STREET Development MALCO LM ST TREET REET S Potential EAO, requires contamination E

W

investigation. RO Gateway Views FUTURE HOSPITAL EXPANSION Intersection to be upgraded * Additional playing * COMMERCIAL Landscape treatment improvement elds ZONING Possible gateway MDH Site MANSFIELD MIXED USE SECONDARY SITES SCHOOL R GATEWAY Future footpath/ shared track FFE MOU U INDUSTRIAL NT BULLER ROAD

B

E HIGHETT STREET ZONING P Ultimate heavy vehicle bypass

A GRZ C

Poor configuration reduces ANDS L Education/health Precinct development opportunities M

O ANE DP to be prepared to resolve N L HIGHTON LANE K * Existing RLZ EY DEVELOPMENT Potential Mixed Use Sites G TON access constraints & allow further Long term residential U H LL PLAN AREA IG Y H Possible future development opportunites growth subject to further R O subdivision 300-400 A Retain Industrial- residential buffer/ investigation D lots subject to Council approval Interface issues RLZ Landscape buffer

Significant strategic sites HIGHTON * MANOR BED & BREAKFAST

Monkey Gully industrial estate Mansfield Township Structure Plan 33 Figure 7 Overall Plan, Mansfield Township Structure Plan, 2015

Mansfield Structure Plan Economic Report , Deep End Services, May 2014 ■■ Potential subdivision opportunities on vacant blocks This report provides specialist economic analysis as input either side of Fords Creek, south of Dead Horse Lane to the preparation of a Structure Plan for the Mansfield Township. Economic analysis has been prepared to ■■ Development on vacant land north and east of the ensure that the Structure Plan reflects the needs and former sawmill, including in the Mixed Use Zone demands of the local community and the operation of ■■ Infill development (often involving units, dual property markets, and responds to economic issues of occupancies and other medium density formats) in relevance to the Mansfield region established urban areas The study has found that there requirement for an ■■ Potential for more efficient subdivisions in the additional 895 dwellings to be provided over the period southern part of the township, although these to 2031. It specifies that the new dwellings will consist of opportunities are constrained by the existing a mix of conventional housing built on existing and new subdivision pattern subdivisions, infill development (often comprising units) and high density housing located close to the town ■■ Remnant vacant lots within the township. centre. ■■ Potential unit development in and around the town Potential land supply opportunities identified include the centre within the Business 1 Zone (B1Z)/C1Z following: ■■ Redevelopment of sawmill site ■■ Completion of the existing Kareen Hill Estate ■■ Development on vacant MUZ lots to the east of the and expansion northwards into approved 86-lot sawmill subdivision ■■ MUZ land on the eastern edge of the township along ■ Completion of existing estate south of Redgum Drive ■ Mt Buller Road ■■ Vacant R1Z land east of Mansfield-Whitfield Road ■■ Potential rezoning of some RLZ land to the R1Z, ■■ Highton Lane Development Plan area, with potential for example along Whitfield Road to ‘connect’ the to deliver 300-400 lots Kareen Hill estate with existing R1Z land to the south.

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■■ The supply of low-density residential land is predominantly to the south of town in precinct 8. There are three vacant lots in this precinct. ■■ Rural living land (RLZ) is predominantly located to the east and south of the township in precincts 3, 7, 12 and 13. There are around 20 vacant RLZ lots capable of accommodating a dwelling.

Mansfield Highton Lane DP | Final Report

Mansfield Urban Design Framework, Urban Enterprise, June 2005 The Mansfield Urban Design Framework was developed to provide a plan of the Council’s and community’s vision for the structure and appearance of Mansfield.

The Framework identifies that the Mansfield Township © planisphere 2013 iii has for the most part developed in a conventional grid form with primary roads being High Street Mansfield Highton Lane Development Plan, and Highett Street. The area south of High Street is Planisphere, November 2015 identified as predominantly residential with allotments of conventional residential densities, namely 500- ■■ Mansfield Highton Lane is located approximately 1 1500 square metres in area. Township boundaries are kilometre south east of the Mansfield town centre. influenced by the topography of the land which rises The Development Plan identifies the area as a future steeply to the south of Stoneleigh Road. To the east, land high standard residential development providing a falls away to Monkey Gully, meaning that Highton Lane variety of housing opportunities and densities. generally represents the eastern boundary of the town. ■■ The objectives and strategies for the development To the north of the town the framework identifies the plan in relation to housing are: physical constraints, including Ford Creek and the former ■■ Provide a range of lot sizes and housing types to railway reservation as the barriers to the urban expansion meet a variety of housing needs, and cater for a of the town in this direction. range of different residential uses. The Framework provides an analysis on existing ■■ Achieve a range of densities that response to on- residential housing supply. The Mansfield Township is site location, characteristics, and significance of largely composed of conventional residential lots with landscape. lot sizes ranging between 800 square metres and 1200 square metres. These lots generally accommodate single ■■ Protect the environmental values and significant family, detached houses. The Framework provides the landscape features of the area. following analysis in regards to existing housing supply: ■■ Provide opportunities for long-range views to ■■ The opportunities for infill residential development surrounding mountain ranges. on existing vacant lots are very limited. ■■ Lots range lots may range between 800m² and ■■ There are four broad-acre areas of residential zoned 3,000m², particularly where land owners intend to land in the northern part of Mansfield that are retain existing dwellings on larger allotments. theoretically available (by virtue of R1Z zoning) for ■■ The Development Plan allows for a mix of housing residential development (precincts 1,2,3). These areas types and sizes to be developed across the subject total around 95 hectares. site. ■■ The prime opportunity for medium density ■■ The Development Plan provides for the majority residential development is the area west of Kitchen of the subject site to be developed with standard Street, comprising around 15 hectares of land residential allotments. The standard residential lot (precinct 1) sizes average 800 to 3,000 square metres. 136 26 ■■ Medium density residential lots and/or retirement Footpath, Cycle, Bridleway Strategy, living opportunities should be encouraged on land Mansfield Shire Council, January 2017 to the north of the site on land known locally as O’Briens Paddock. The medium density residential lot The Footpath, Cycle, Bridleway Strategy identifies the key size should be a minimum of 350 square metres. drivers for footpaths in the shire, a basis for evaluating projects and details on key projects and initiatives to improve connectivity within Mansfield Township. The

strategy identifies that there is a significant amount of land within the Mansfield Township for future

Mansfield Shire development with it being able to cater for more than Sport and Recreation 1,000 additional residential dwellings. The proposed Strategy future footpath network will include expanding the existing network by approximately 10,500 m of which 2014 – 2019 3,300 m is concrete pathway, and 7,200m is chert (gravel)

Endorsed by Council - 19 August 2014 pathways.

138

Mansfield Shire Sport and Recreation Strategy 2014-2019, Mansfield Shire Council, August 2014 This Strategy identifies the importance of recreational areas in the area. Through wide community engagement, the Strategy has found that the main reason choose to live in Mansfield is the environment. Specifically, the proximity to the mountain ranges, lakes and rivers and the lifestyle that the rural environment supports such as hobby farming. e e Road tte Mansfield Neighbourhood Character Study January 2017 December, Planisphere, December 2002 This Study area covers residential areas of Mansfield that are covered by the Residential 1 Zone (RIZ) and Low Density Residential Zone (LDRZ). Mansfield Shire Road Strategy, Mansfield Shire Council, January 2017 The residential areas throughout the town largely vary The Mansfield Shire Road Strategy 2017 provides details according to the era of development. The residential on the key priority upgrades proposed to provide streets closest to the town centre were the first to be substantial improvements to the transport network established and are set on a formal grid. Streets in these within Mansfield Shire to satisfy expected demands over areas are often wide and sometimes planted in formal the next 25 years. It develops a list of road upgrades avenues. The formality does not extend to the road verge required for residential areas, addressing critical locations treatments however, which are mostly characterised by with limited traffic capacity. gravel edges, no formal drains and grassy verges. This combined with the older, historic homes gives these The Strategy identifies that future growth and population areas a ‘country town” flavour. data appears to be moderate and the existing infrastructure should be able to accommodate this In contrast, the newer residential areas tend to be laid out growth. However the tourist aspect of the Shire (i.e. Mt on a curvilinear street pattern with cul-de-sacs. These Buller Resort, Eildon Lake) adds significant pressure to the areas are less formal, often with no front fences and shire roads especially during the holiday periods, summer vegetation informally planted right up to the frontages. and the ski season. These areas often have a spacious quality, with setbacks from all boundaries allowing views to the surrounding landscape.

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Mansfield Heavy Vehicle, Alternative Routes Planning Study, CPG, November 2010 This study identifies roads that could be designated as preferred routes for heavy vehicles to use to avoid travel through the CBD of Mansfield Township. Mansfield continues to grow and develop as a tourist centre. These seasonal peaks generate high visitor traffic in addition to the local traffic. This local traffic is incompatible with the heavy vehicles that also use the direct routes through the townships. It is expected that traffic safety and amenity for local traffic will be improved once alternative routes are provided which result in express type heavy vehicle facilities bypassing the CBD where possible. At the time of this report, part of this project was underway, including improvements along Withers Lane to Lakins Road, Mansfield - Whitfield Road and Mt. Battery to Greenvale Lane. Future Vision, Mansfield Transportation Strategy, Mansfield Shire Council, May 2016 Urban Street Tree Policy, 21 July 2009, Mans- field Shire Council This study investigates key road and path upgrades for priority construction and funding in order to improve The Urban Street Tree Policy provides a management safety for local road users, and attract tourism to the approach for the long and short term future of street area. It uses a set of evaluation criteria to allocate funds trees within the Mansfield Shire. to improve the experience for all road users, including The policy recommends a number of tree species for drivers, pedestrians, cyclists, riders and other footpath future planting including Pin Oaks, Golden Ash, Cimmzan users. The study identifies upgrades to the broader Shire Ash, Callistemons and Crepe Myrtles. These species may road network for the next 25 years to cover expected also be appropriate for future landscape works within increased demands. Some of these upgrades align residential areas. with broader pedestrian and cycle connectivity issues within Mansfield, which will assist in the connectivity and walkability of the township, in addition to increasing tourism opportunities and through traffic. Many roads within the shire have been designated for some form of upgrade, which will assist in the overall connectivity of the broader area, and facilitate increased ease of travel between townships.

138 28 Areas of Cultural Heritage Sensitivity Areas of Cultural Heritage Sensitivity aim to recognise, protect and conserve areas relating to aboriginal cultural heritage. In Mansfield these areas are predominately located within 100m of creek corridors such as Fords Creek. A scar tree is also located at the visitor information centre. These are culturally significant and provide a connection to the original inhabitants of Mansfield.

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Figure 8 Areas of Cultural Heritage Sensitivity

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Shire of Mansfield - Stage One Heritage Survey, 12 June 2014 The purpose of the heritage study was to identify, A planning scheme amendment has been sought for assess and document post-contact places of cultural a number of these heritages places (an addtional 32 significance within the townships of Mansfield and heritage places) as part of Amendment C39. Most of Jamieson and to make recommendations for their future these heritage places are commercial buildings located conservation. along the High Street in the Mansfield Township. This includes recommendations for statutory protection, At the time of this report, the amendment was to be e.g. application of the most appropriate planning control, reported to Council in late September, requesting or inclusion in the Victorian Heritage Register. adoption of the amendment to send to the Minister for The heritage places considered as part of this study, Planning to approve. relevant to this study included: ■■ Alzburg Comfort Resort (Convent of Mercy and Shire of Mansfield - Climate Change Sacred Heart College), 39 Malcolm Street Adaptation Report , June 2009 ■■ Commercial Hotel, 83 High Street The report was undertaken as the third component in ■■ Davies Building, 47-55 High Street climate change risk assessment adaptation planning for the Mansfield Shire Council. ■■ Farmers’ Bank (State Savings Bank), 149 High Street It identified actions to address climate change risks ■■ Fire Station, 28 Highett Street previously identified by Council, and focused on ■■ Herbert John Goodman Memorial, High Street community engagement about climate change and Median Strip what it means for the community . Three 'major' and thirteen 'significant' climate change risks to Mansfield ■■ Hotel Delatite, 95-97 High Street Shire Council by 2030 were identified. ■■ Magnolia (Carinya, Amor’s Home), 190 Mt Buller Road These risks have been addressed by identifying a number ■■ Mansfield Hotel, 86 High Street of controls which aim to mitigate the consequences of the risk, followed by reducing their severity. Ideally, the ■■ Masonic Hall, 26 Highett Street control will have a greater focus on eliminating the risk ■■ McKenzie’s Building, 50-52 High Street rather than mitigation. ■■ Mechanics’ Institute and Library, 66 Alisa Street These controls identified require short-term on ongoing implementation, some of which build upon existing ■■ Memorial Trough, High Street Median Strip planning policies and controls currently in place. ■■ National Australia Bank Building, 76 High Street A criteria was set to score any potential new controls, ■■ Post Office, 90 High Street which included costs of implementing a new control, the Council time require to establish the control, operating ■■ RSL Hall, 30 Highett Street cost of the control, the control feasibility, and the ■■ Samuel Reynolds MD Memorial, High Street Median perceived community acceptance of the control. Strip The major risks identified include: ■ Sartain Building, 101-111 High Street ■ ■■ Reduced water availability for fire fighting leading ■■ Saw Dust Kilns, Maroondah Highway to difficulty sourcing water for fire fighting, and the needs for carting water to meet demand; ■■ Mansfield Men’s Club, 101 High Street ■■ Reduced water level in Lake Eildon may prompt a ■■ Cahn’s Shop, 91 High Street review by State Government of recreational use of ■■ McmIllan’s Store, 23 Highett Street the lake; ■■ Tavistock House, 1/93 High Street, and ■■ Increased bushfire relayed potential injuries or fatalities (public and fire fighters). ■■ War Memorial Gates, Highett Street.

140 30 3. Community Consultation Community Consultation Community 03 3.1 Community Consultation Engagement Purpose Community and stakeholder consultation is an important The purpose of this stage of engagement was to: part of developing the housing strategy. Consultation ■■ Provide an overview of the project. undertaken to date is outlined below. ■■ Provide a summary of key background data that will 3.1.1 Consultation Stage One inform the housing strategy i.e. demographics. Engagement Activities ■■ Seek initial feedback in order to understand values, likes, dislikes and aspirations for current and future The first stage of engagement was held during May housing within Mansfield. 2017. A number of opportunities were provided for the community to participate. These included: The feedback received during this first stage of engagement will be used to guide the identification of ■■ A key stakeholder workshop / open house held issues and opportunities and develop initial ideas for the between 1:30pm - 3:30pm on the 16th May 2017. draft housing strategy. ■■ A broader workshop / open house held between 5:30pm - 7:30pm on the 16th May 2017. ■■ A stall outside Marks IGA manned between 9:00am - 12:00pm on the 27th May 2017. ■■ A stall at the Bush Market manned between 9:00am - 12:30pm on the 10th June 2017. Additionally material from the workshop / open house was made available at the front counter of Council’s Offices during May and June with responses being captured via a feedback form.

Community Consultation - Bush Market, 10 June, 2017 141 Wednesday 20 September 2017 31 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

3.1.2 Key Findings

Following the first stage of engagement, the following ■■ Opportunity to balance growth and sense of key themes have emerged: community. Valued elements of existing residential and ■■ Consider parking requirements / allocation to avoid housing areas people parking on naturestrips. Participants were asked to identify elements that they ■■ Maintain larger lots / open space around buildings valued within existing residential and housing areas. Key which is more in keeping with the rural character of responses included: the town. ■■ Diversity of housing types and styles. ■■ Encourage the provision of affordable housing through incentives i.e. fast track development ■ Contemporary and rammed earth buildings which ■ applications if provide a % of affordable housing. add interest to the streetscape. ■■ Utilise the sale yards site to provide affordable ■ Retention of colonial style buildings and history. ■ housing options / medium density development. ■■ Landscaped gardens within allotments. ■■ Strategic development opportunities near the ■■ Low rise nature of the existing township. Railway Station, Kitchen Street and Walker Street. Opportunities to improve residential and ■■ Bring forward rezoning’s that impact residential land housing areas and future development i.e. Mansfield Structure Plan 2015. Participants were asked to identify opportunities to improve residential and housing areas. Key responses ■■ Increase housing around the existing town centre. included: ■■ Opportunity for smaller, affordable housing for ■■ Encourage more sustainable housing outcomes i.e. retirees. housing to consider energy efficiency, consider solar ■■ Provide good quality and flexible aged care units – access, eco villages etc. lack of this in the market. ■■ Encourage high quality, flexible and creative architectural outcomes. ■■ Differentiate Mansfield i.e. energy policy, housing form. ■■ Ensure good design in smaller / denser housing products with more street appeal ■■ Avoid the provision of large areas of rentals clustered together i.e. Griffin Avenue. ■■ Colourbond roofs and fences and narrow streets should be discouraged as part of future residential development. ■■ Improve medium density housing. Opportunities identified included street tree and public realm improvements, consideration of parking Community Consultation, May 16, 2017 requirement, clustering of homes around open space, being located close to services, avoiding gun barrel driveways, setbacks and permeable surfaces that allow for landscaping and the retention of privacy within adjacent properties. ■■ Granny flats may provide another option for smaller / affordable housing. ■■ Maintain separation between residential and commercial uses. ■■ Provide open space as a way of creating an engaged and connected community. ■■ Encourage wider streets that allow space for footpaths and street tree planting. Community Consultation, May 16, 2017

142 32 Current and future issues facing housing in Mansfield Participants were asked to identify what they thought ■■ Retirement Village housing along Maroondah were the current and future issues for housing in Highway is too dense. Mansfield. ■■ Mansfield Holiday Park caters for a growing number Potential issues that received the most votes included: of low income retirees and crisis and emergceny accommodation services in low cost units. ■■ Aging Population (26 participants agreeing this is a key issue) - The need for more independent living Housing for the future population and medium density dwellings to enable older Participants were asked to consider the types of housing people to stay at home was also noted. that would be suitable for the future population of ■■ Balancing development and the natural environment Mansfield. (20 participants agreeing this is a key issue) - The The housing type that received the most votes included: need to consider the existing natural environment that makes Mansfields' landscape unique, and the ■■ Retirement Living / Aged Care (20 votes) competing need for development. ■■ Rural Residential (7 votes) ■■ Protection of heritage and environmental assets (18 ■■ Crisis and Emergency Accommodation (7 votes) participants agreeing this is a key issue). All other housing types received 2-6 votes. ■■ Need for more sustainable homes (16 participants agreeing this is a key issue) – It was noted that While crisis accommodation got the third most votes, sustainable housing does not need to cost more. some respondents disagreed,and thought that crisis and emergency accommodation was not required for the Potential issues that received the least votes included: future Mansfield population. ■■ Need for good quality homes (3 participants Key take home messages agreeing this was a key issue). Key take home messages from the stakeholder meeting ■■ Shortage of crisis accommodation and affordable were: housing (4 participants agreeing this was a key issue) ■■ Future controls and guidelines relating to housing ■■ Limited housing diversity, for families, couples, and should make the process of seeking approvals for singles (4 participants agreeing this was a key issue) residential development easier and more efficient. ■■ Shortage of rental, temporary, or short term ■■ There was little consensus on an approach to tree accommodation (5 participants agreeing this was a retention, although it was noted that public safety key issue) should be considered if trees are retained and that Additional issues noted included: there might not be a one size fits all solution to tree retention. ■■ Commercial and industrial land uses and the need for future jobs to support population growth. Key take home messages from the community meeting were: ■■ Eco Development / Planning Assistance. ■■ There are a number of opportunities to improve the ■■ An overriding vision is required for housing and quality and appearance of medium density housing residential development in Mansfield. The vision in Mansfield, many focused on the provision of should reflect population forecasts and desired levels landscaping. of development. ■■ There are opportunities to enhance residential ■■ Council’s planning department is under immense neighbourhoods through linear trails, open space pressure to approve development. areas and consideration of Fords Creek interface. ■■ Rentals are in high demand including medium density for weekend visitors. It was noted that there was an opportunity for agents to better facilitate share housing. ■■ Affordability, although not necessarily getting a large number of votes was noted during discussions to be a big issue, particularly with public housing recently being sold off ■■ The Truck Route proposed along Dead Horse lane and the implications this might have for future residential uses here. Community Consultation, May 16, 2017

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04 Analysis, Opportunities and Issues

4. Analysis / Issues and Opportunities

4.1 Overall - Analysis / Issues and Opportunities

4.1.1 Landscape Setting

Topography is a significant contributor to the character Fords Creek traverses the township in generally a north and identity of Mansfield. The surrounding hills provide west to south east direction. Creek corridors including Mansfield with a strong sense of containment and Fords Creek and its tributaries, not only provide a distinct provides a visual backdrop to the town. Views to the framework for the town, but also provide important surrounding hills are facilitated by wide road reserves habitat and recreational links. Mullum Wetlands is an orientated towards these key features, as well as the attractive linear open space reserve that includes a generous spacing and low scale of buildings in the wetlands, as well as significant trees. township. Areas of agricultural land located on the lower Retaining a sense of connection between the landscape lying areas also provide visual contrast to the surrounding and rural setting of Mansfield and residential areas will hills and are an important contributor to the scenic help create unique and attractive neighbourhoods in the quality of the township setting. future. Figure 9 identifies areas of significant slope (areas greater than 15% slope). Land with a slope of 15% or greater is generally considered as constrained for residential development, due to the degree of difficulty in designing and constructing dwellings and streets. Generally areas affected by slopes greater than 15% are located on the periphery of the town, where land parcels are larger. This provides a natural limit to the expansion of the township to the south and east. Within the township boundary, significant topographical features are limited. A high point is located just south of the intersection of Highton Lane and Monkey Gully Road, while a significant ridgeline is located on rural residential lots along Mansfield – Whitfield Road. Low points are associated with the Mullum Wetlands, and creek corridors including Fords Creek.

Mullum Wetlands located along Maroondah Highway

144 34

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Figure 9 Slope Plan

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Figure 10 Topography Plan

146 36 4.1.2 Accessibility

Figures 11 - 16 illustrates the different properties in For the purposes of this analysis it was assumed that around the town centre in terms of their access to open access to retail and education was priority, followed by space, public transport, education, retail, community and access to community and health, with access to open health facilities. space and public transport as the lesser priority. Figure 17 provides an overall assessment of the Overall amenities and services tend to be located accessibility of lots. The highest access scores for centrally within Mansfield, based around the intersection Mansfield reflect the proximity of the parcels to a number of High and Highett Streets. That being said, health of different amenities, including important land uses, and education services are slightly skewed towards the such as access to open space, education, retail, health southern section of the town where there are currently and community facilities. more residential lots.

Study Area Study Area Study Area Properties Properties Properties Retail Education Community 0 - 100 0 - 100 0 - 100 100 - 200 100 - 200 100 - 200 200 - 300 200 - 300 200 - 300 300 - 400 300 - 400 300 - 400 400 - 500 400 - 500 400 - 500 500 - 1000 Figure 11 Access - Retail 500 - 1000 Figure 12 Access - Education500 - 1000 Figure 13 Access - Community 1000+ 1000+ 1000+ Indicates properties in the core of Indicates properties to the south Indicates properties to the south town have good access to retail. of High Street have good access to east and east have good access to education facilities. To the north of community facilities. High Street, this access is limited.

Study Area Study Area Study Area Properties Properties Properties Health Open_Space Retail 0 - 100 0 - 100 0 - 100 100 - 200 100 - 200 100 - 200 200 - 300 200 - 300 200 - 300 300 - 400 300 - 400 300 - 400 400 - 500 400 - 500 400 - 500 500 - 1000 Figure 14 Access - Health 500 - 1000 Figure 15 Access - Open Space500 - 1000 Figure 16 Access - Public Transport 1000+ 1000+ 1000+ / Bus Indicates properties to the south Indicates properties in and around Indicates properties in the core of of High Street have some access to the town centre located close to town have good access to public medical facilities. open space. There are some gaps transport. Note that this analysis does to the south east and north east, not consider the frequency and route particularly where there are rural and of these services. farming lots.

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This analysis, combined with the following lot size analysis enables the identification of accessible areas with redevelopment potential and accessibility that are potentially suitable for additional infill housing with Mansfield.

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Figure 17 Access - Combined

148 38 4.1.3 Lot Sizes

Figures 18 - 19 provide and analysis of the various Generally battle axe lots require additional driveway property parcel sizes within Mansfield. The groupings crossovers, the long driveways appear dominate and of the lot sizes assist in identifying varying subdivision fragment the streetscape and limit opportunities for patterns that have occurred within the township, and street tree planting. They also limit opportunities for varying housing densities. future development in these locations. There is the The plan also identifies areas of significant fragmentation opportunity to influence the layout of future residential and irregular lots. In particular, residential areas to the development in areas which are significantly fragmented south east of Mansfield and where smaller and battle to facilitate and coordinate development and ensure axe lots have been provided. Fragmented land parcels infrastructure and open space is delivered, as required. provide challenges for residential development in terms Also shown on Figures 18 - 19 are properties owned by of delivering a well considered residential layout and either Council or the Crown. Generally these sites provide coordinating services and facilities. for open spaces and community uses within Mansfield.

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Figure 18 Lot Sizes 149 Wednesday 20 September 2017 39 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

Figure 19 Lot Sizes - Enlargement 150 40 4.1.4 Vegetation 4.1.5 Open Space

Vegetation within Mansfield is a significant contributor Open spaces provide places for the community to gather to its character and identity. Trees both within the public and socialise, as well as influencing the character and (streetscapes and parks) and private realm (canopy trees identity of residential neighbourhoods. and established vegetation on lots) provide a strong Key open spaces in Mansfield include Botanic Park, link between the residential areas of Mansfield and the Mullum Wetlands, Mansfield Racecourse, Mansfield surrounding landscape and hills. They provide a strong Showgrounds, Lords Reserve, Mansfield Recreation canopy cover within residential areas, minimise the Reserve, as well as a number of smaller neighbourhood visibility of buildings within the landscape and provide parks and links. Geographically the provision of open shade. space areas within Mansfield are not evenly distributed Remnant trees in Mansfield are typically associated with across the town. While open spaces are generally focused agricultural landscapes, creek corridors and wetland around the established residential areas of Mansfield, areas. Remnant trees contribute to the character and there is a lack of access to open space to the south identity of Mansfield, provides visual impact and scale and north east of the town (Refer to Figure 15). Some and support wildlife (food and shelter). There are public open space areas are also located on flood prone land safety concerns associated with the retention of some or are affected by other encumbrances. These limit the tree species however, particularly River Red Gums, as well opportunity for these spaces to be used for passive and as bushfire risks that will need to be managed. active recreational pursuits. Additionally, generous front and side setbacks and street A number of planned greenfield developments will tree planting in established residential areas, afford provide additional open space reserves in these areas, Mansfield with a spacious and ‘leafy’ character. Future however there is also the opportunity to encourage residential development should maintain and reinforce the provision of a broader integrated open space the sense of space and ‘treed’ character of this site. This network, including links along creek corridors (i.e. could be achieved through tree planting along internal Fords Creek) in future residential areas. Access to open streets and the approach, retention of existing trees and space will increasingly become important as residential generous setbacks that allow space for tree planting and development increases in Mansfield and as smaller landscaping within individual properties. houses emerge (based on demographic projections). Currently, Mansfield Shire does not have an open space strategy.

Fords Creek pedestrian bridge between the town centre and Botanic Park

River Red Gums are a distinctive feature of Mansfield Great Victorian Rail Trail within Mullum Wetlands

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4.1.6 Sensitive Interfaces Township Approaches Open Space The four main approaches into Mansfield Township Not only is the provision of open space important in include Maroondah Highway (west); Mount Buller Road residential areas, but also its interface with residential (east); Midland Highway (north) and Mansfield Whitfield areas. In some instances, residential lots provide rear and Road (north). The approaches play an important role side fencing to open space areas for example to the edge in creating an attractive, inviting and memorable entry of the future expansion of Botanic Park. This detracts experiences for residents, businesses and visitors. from the open space experience and limits opportunities for passive surveillance. To ensure appropriate design outcomes along the four approaches into the Mansfield Township, built form and In the future, residential uses should be encouraged to landscape guidelines were developed in 2017 as part of provide an active address to open space reserves and the Mansfield Township Approaches Planning Controls create links to open space areas such as Botanic Park, and Guideline Study. to enhance passive surveillance and provide a more attractive interface. The guidelines consider the look and function of adjacent residential uses and how they should respond to the Ultimate Heavy Vehicle Bypass character of the approaches, the local environment and An Ultimate Heavy Vehicle Bypass was identified as part the surrounding context. of the Mansfield Township Structure Plan. The Ultimate These guidelines should be considered in delivering Heavy Vehicle Bypass aims to avoid large vehicles using residential developments along these approaches. High Street and Highett Street and travelling through the Industrial Uses CBD. The route will be along Withers Lane/Dead Horse Lane/ Within Mansfield there are a number of instances Mansfield-Whitfield Road/Mount Battery Road and where existing residential areas adjoin industrial uses, in Greenvale Lane. A number of key intersections will also particular along Dead Horse Lane (east). Industrial uses need to be upgraded. can have significant impacts on the amenity of residential uses, including noise, character / appearance and air The Ultimate Heavy Vehicle Bypass will pass by existing quality. The Mansfield Structure Plan also identifies and future residential areas and could also present industrial investigation areas along Dead Horse Lane amenity and safety issues for residents. (west) which could also present interface issues for future residential development areas. 4.1.7 Servicing There is the opportunity to develop design guidelines According to the Infrastructure Assessment section of for industrial development to ensure the interface to the Mansfield Structure Plan, residential areas within the residential development is carefully considered and existing township boundary can generally be adequately responded to. An industrial strategy would assist in serviced by the existing infrastructure and utilities or can resolving potential areas of conflict through appropriate be supported by future augmentation and upgrades to buffer treatments. utility networks. Goulburn Valley Water allows for septic tanks to be used in some areas, but this is not encouraged in environmentally sensitive areas. The Sewerage Treatment Plant is located to the north west of Mansfield, just outside of the township boundary. The plant is managed by Goulburn Valley Water and treats waste water from the township, and reuses recycled water to irrigate nearby pastures. A 500m odour buffer currently exists around the plant, restricting sensitive uses from occurring in close proximity (within the buffer) due to health and safety reasons. The buffer is currently under review and could potentially impact existing and future residential development nearby. This will need to be considered as part of the development of the housing strategy and other possible strategies to identify future best use of the land within the buffer. Existing industrial uses along Dead Horse Lane

152 42 4.1.8 Climate Change

The Hume Regional Growth Plan identifies climate Current planning tools in place relating to bushfire within change as a challenge for the region. It is predicted that Mansfield include the Bushfire Management Overlay - this will result in increased temperatures, increased risk of BMO (refer to Figure 6). BMO are applied to land affected drought and flooding, vegetation change and increased by bushfire risks and requires future development to fire and erosion potential across the region. provide adequate bushfire protection measures. This applies along Rifle Butts Road. Flooding is generally associated with existing creek corridors within Mansfield including Fords Creek and its ‘Bushfire Prone Areas’ (refer to Figure 20) cover a greater tributories. area within the Township Boundary and is more closely related to subdivison patterns and densities. It is Areas prone to flooding are generally identified through implemented under the Building Regulations. local planning scheme overlays including the Land Subject to Inundation Overlay (LSIO) and Flood Overlay The Mansfield Council website provides information on (FO). Refer to Figure 6. These provide restrictions for the greenhouse effect and climate change for the local development in these area. community including simple and practical steps that can be implemented at home and workplaces to help reduce the production of greenhouse gases. Future residential development and housing should consider and respond to these climate change risks in particular flooding and bush fire risks and increases in temperature through passive design.

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Figure 20 Bushfire Prone Areas 153 Wednesday 20 September 2017 43 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

4.1.9 Retirement and Aged Care 4.1.11 Built Form

Beolite Village is located on the periphery of town and Overall there is not a strongly defined residential built provides boutique retirement living options (refer Section form style and character within Mansfield. Residential 4.2). Aged care services are also provided through built form includes an eclectic mix of historic buildings Mansfield District Hospital, at Buckland House Nursing (i.e Highton Manor), older style homes and more recent Home and Bindaree. Buckland House Nursing Home contemporary developments including medium density provides 30 beds for high level aged care, while Bindaree and mixed use developments around the town centre. Retirement Centre provides a total of 42 low care beds, The predominately 1-2 storey height of buildings, allows including 11 dementia specific beds. Additionally for views to the surrounding hills, as well as agricultural Bindaree provides an ‘Ageing in Place’ program. Both landscapes. Generous front and side setbacks also afford facilities are located near Mansfield District Hospital, just residential areas with a spacious character and provide off Highett Street. opportunities for landscaping. It is anticipated that projected population growth in the Use of materials is generally mixed with more recent Shire will result in an increase in the number of people at housing using brick and render. or approaching retirement age. An aging population is likely to require an increased diversity of housing product Given the diversity of architectural styles, there is the in Mansfield, including independent living and medium opportunity to encourage high quality contemporary density dwellings to enable older people to downsize, as developments to reinvigorate the character of well as retirement villages and aged care. Affordability of Mansfield. It will also be important to ensure that future this type of housing offering is also a key issue that needs development is of a high quality and that it responds to to be addressed. the valued landscape setting.

4.1.10 Short Term / Temporary 4.1.12 Heritage Accommodation Heritage is an important aspect of local character and Short term / temporary accommodation includes a range identity for Mansfield. It is unique and authentic, provides of accommodation types including caravan parks, back a connection to the past and can enrich a community’s packers, hotels, motels, holiday homes etc. appreciation and experience of a place. Mansfield is influenced by seasonal housing demands Mansfield contains a large number of heritage places associated with tourism and seasonal trades. Community that make a positive contribution to the character of the and stakeholder feedback suggests that there is a township. That being said, there are only a few places need to provide additional short term / temporary that are formally acknowledged and protected by a accommodation to meet demand. Heritage Overlay or similar. Unfortunately there is limited information regarding the Given that there are relatively few examples of heritage current and future level of demand for the various types / valued buildings within Mansfield, it is particularly of accommodation, although anecdotally it is understood important that the buildings identified are retained, that rental housing is often occupied by itinerant workers. celebrated and complemented by future development. A Heritage Survey has been undertaken by Council to identify places within the township that are of heritage significance. This is to be referenced in the Planning Scheme to acknowledge additional heritage buildings in the township.

Highton Manor along Highton Road is an example of a valued Banjos accommodation along Mt Buller Road. heritage place. 154 44 4.1.13 Housing Types

Demographic trends indicate an increasing proportion The following are some of the different types of of people over 70 years in age and of lone person and housing currently in Mansfield. It outlines the benefits couples without dependent households in Mansfield of the housing types, who this housing type best suits, in the future. Additionally Mansfield is influenced by locational considerations, and design considerations seasonal housing demands associated with tourism and specific to Mansfield. seasonal trades. These trends will create demand for a variety of housing types and create a need for housing design to better respond to those wanting to age in place i.e. opportunities for medium density development and aged / retirement living options.

Infill Development

MIXED USE DEVELOPMENT / SHOP TOP

Mixed-use development blends commercial, office, and/or institutional land uses with residential uses, in one or more buildings.

Locational Considerations Close proximity and safe access to: ■■ Employment areas / jobs. ■■ Shops / community facilities. ■■ Walking trails and open spaces i.e. lifestyle. Mansfield Examples ■■ Public transport. Key Design Considerations and Challenges Benefits for Mansfield ■ More efficient use of land and public infrastructure. ■ ■■ Separate commercial and residential entrances ■■ Creates vibrant streets and places through the with each clearly defined. diversification of activities. ■■ Appropriate design solutions and management ■■ Generally more affordable given they require less practices to address potential conflict and the land area. impact of different uses i.e. noise ■■ Provides an adaptable building, which subject to ■■ Adaptability to cater for current and future market planning and building requirements, offers flexibility trends. to change uses. ■■ Provision of private open space. ■ New development offers opportunity to incorporate ■ ■■ Protection of heritage elements. environmentally sensitive technologies. Typical Development Parcel / Lot Sizes Who does this housing type best suit? Varies depending on the mix of uses and land available Mixed-use developments generally provide smaller housing for development. options that are conveniently located (i.e. near shops and services). For this reason mixed use developments are well suited to: ■■ Lone person households i.e. students. ■■ Couples without dependants. ■■ Temporary / short term residents / visitors.

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MEDIUM DENSITY DEVELOPMENT

Residential development occurring within established residential areas. Typically this type of residential development includes town houses, units and attached and detached duplexes.

Locational Considerations Close proximity and safe access to: ■■ Employment areas / jobs. ■■ Shops. ■■ Medical facilities / community facilities. ■■ Schools. ■■ Walking trails and open spaces i.e. lifestyle. ■■ Public transport. Key Design Considerations and Challenges for Mansfield ■■ High site coverage i.e. lack of permeable spaces and space for landscaping. ■■ Removal of existing trees / limited opportunities for tree planting within both the public and private realm. ■■ Minimal setbacks that allow for overlooking and / or overshadowing of adjacent properties. ■■ The provision of private open space. ■■ Allowance of resident and visitor car parking particularly within an existing streetscape. ■■ Removal of street trees to allow for additional cross overs. Mansfield Examples ■■ Gun barrel driveways that terminate with views to the garage. Benefits ■■ Protection of heritage elements. ■■ More efficient use of land and public infrastructure. ■■ Demand for this housing type appears to ■■ Generally more affordable given they require less anecdotally exceed supply. land area. ■■ Smaller housing reflects educedr household sizes Typical Development Parcel / Lot Sizes and an aging population. Medium density developments typically range from Who does this housing type best suit? 250 - 500sq.m in size, particularly in the context of Mansfield. Medium density developments are well suited to: ■■ Lone person households i.e. students, older people. ■■ Couples without dependants. ■■ Couples with dependants / families. ■■ Group households / other families / share houses.

156 46 Greenfield Development - Standard

CONVENTIONAL DENSITY

New areas for residential development likely to be developed for detached dwellings.

Locational Considerations Close proximity and safe access to: ■■ Employment areas / jobs. ■■ Shops. ■■ Medical facilities / community facilities. ■■ Schools. ■■ Walking trails and open spaces i.e. lifestyle. ■■ Public transport. Key Design Considerations and Challenges for Mansfield ■■ Outbuildings, sheds and services being located with views to the streetscape. ■■ Wider streets that allow for footpaths and street tree planting. Mansfield Examples ■■ Access to and provision of open space / communal spaces that allow for social contact Benefits and interactions. ■■ Provides maximum design flexibility. ■■ Retention of existing trees, while maintaining ■■ Provides opportunities to improve the image of a public safety. place (new identity). ■■ Responding to local context of Mansfield ■■ Opportunities for larger houses for families and including its environment and Fords Creek and group households. its climate. ■■ Allows for volume builder products, which are more ■■ The proposed truck route. readily available and may also be more affordable ■■ Interfaces i.e. industry (in comparison to a bespoke or architecturally Typical Development Parcel / Lot Sizes designed house). Who does this housing type best suit? Typically conventional greenfield development lot sizes range from 500sq.m - 2000sq.m Greenfield development - conventional are well suited to: ■■ Couples without dependants. ■■ Couples with dependants / families. ■■ Group households / other families / share houses.

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Greenfield Development - Rural

RURAL / LOW DENSITY RESIDENTIAL DENSITY

Larger lots provide opportunities for residential uses in a rural setting, that are large enough to accommodate a dwelling and a large open space.

Who does this housing type best suit? Greenfield development - rural are well suited to: ■■ Couples without dependants. ■■ Couples with dependants / families. ■■ Group households / other families. Locational Considerations Close proximity and safe access to: ■■ Walking trails and open spaces i.e. lifestyle. Key Design Considerations and Challenges for Mansfield ■■ Outbuildings, sheds and services being located Mansfield Examples with views to the streetscape. ■■ Wider streets that allow for footpaths and street Benefits tree planting. ■■ Provides maximum design flexibility. ■■ Access to and provision of open space / communal spaces that allow for social contact ■■ Provides opportunities to improve the image of a and interactions. place (new identity). ■■ Retention of existing trees, while maintaining ■■ Opportunities for larger houses for families and public safety. group households. ■■ Allows for volume builder products, which are more Typical Development Parcel / Lot Sizes readily available and may also be more affordable (in Typically rural greenfield development lot sizes range comparison to a bespoke or architecturally designed from 2000sq.m plus. house). ■■ Septic tanks may be permitted in rural developments.

158 48 Other

RETIREMENT LIVING AND AGED CARE

Retirement living and aged care are typically for older people (over 55 years old) who wish to, or need to for health reasons, downsize from the family home.

Locational Considerations Close proximity and safe access to: ■■ Medical facilities / hospitals / community facilities (particularly if this care is not provided on site). ■■ Public transport i.e. to allow for those who may no longer be able to drive. ■■ Walking trails and open spaces i.e. health Benefits benefits. ■ Provides the opportunity for older people to be part ■ ■■ Shops. of a community of like minded people allowing for social contact and interaction. Key Design Considerations and ■■ Provides access to services for older people Challenges for Mansfield i.e. medical care, personal care, housekeeping, ■■ On slopes less than 1:20 for ease of use by older gardening. people and people with a mobility disability. ■■ Typically less maintenance required than larger ■■ Space for gardens. homes given size of house and surrounding grounds. ■■ Responds to ageing population. ■■ Houses designed with older buyers in mind. Typical Development Parcel / Lot Sizes Who does this housing type best suit? ■■ Not applicable. ■■ Lone person households i.e. older people. ■■ Couples without dependants.

CRISIS AND EMERGENCY ACCOMMODATION

Crisis and emergency accommodation includes a range of specialist services for people who are homeless or at risk of homelessness or after an emergency.

Benefits Locational Considerations ■■ Provides temporary accommodation for those in Close proximity and safe access to: need. ■■ Public transport. ■■ Can include women refuges, youth refuges, major ■■ Shops for convenience. crisis supported accommodation services and housing for victims of domestic violence. ■■ Health / medical / community facilities. Who does this housing type best suit? Key Design Considerations and Challenges for Mansfield Vulnerable households of varying structures. Assumes that ■■ Demand for this housing type appears to they will only be in this housing for a short period of time. anecdotally exceed supply. Typical Development Parcel / Lot Sizes ■■ Not applicable.

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SOCIAL HOUSING

Short and long term rental housing that is owned and run by the government or not- for profit agencies. This includes both public housing and community housing.

Benefits Locational Considerations ■■ Provides housing for those who cannot afford to rent Close proximity and safe access to: at full private rental rates. ■■ Public transport. ■■ Allows for social inclusion and people to remain part ■■ Shops for convenience. of a community no matter their financial situation. ■■ Schools. Who does this housing type best suit? ■■ Walking trails and open spaces i.e. lifestyle. Vulnerable households of varying structures. ■■ Health / medical / community facilities. Key Design Considerations and Challenges for Mansfield ■■ Recent sale of public housing / its reduced supply. Typical Development Parcel / Lot Sizes ■■ Not applicable.

SHORT TERM / TEMPORARY ACCOMMODATION

Includes a range of accommodation types including caravan parks, hotels, motels etc that provides temporary or short term accommodation, in particular for seasonal workers and visitors.

Who does this housing type best suit? All people but assumes that they will only be in this housing for a short period of time. Locational Considerations Close proximity and safe access to: Mansfield Examples ■■ Public transport. ■■ Shops for convenience. Benefits ■■ Places of employment for temporary workers. ■■ Provides housing for a range of short term and temporary accommodation users. These users ■■ Tourist destinations for visitors. typically contribute to the economy i.e. tourism or Key Design Considerations and working. Challenges for Mansfield ■■ Can provide more affordable housing options i.e. ■■ Demand for this housing type appears to caravan parks. anecdotally exceed supply. Typical Development Parcel / Lot Sizes ■■ Not applicable.

160 50

4.2 Greenfield Development - Analysis / Issues and Opportunities

Existing greenfield residential areas are located within 4.2.1 Planned / Committed Greenfield the township boundary and to the south, west and north Developments of Mansfield’s established urban area. Generally these areas are located in close proximity to the town centre Planned / Committed Greenfield Developments are and are already zoned for residential purposes including identified on Figure 21 and include: areas that have been developed, are currently being Conventional Residential developed and /or yet to be developed. 1. Somerset Rise (south of Red Gum Drive) The existing rural residential land supply is located to the north east, south east, south and south west Completion of remaining stages of an existing residential of Mansfield’s established urban area. These include development estate (approximately 64 lots remaining) to Rural Living Zone and Low Density Residential Zoned the north of Botanic Park. The remaining stages include a land located towards the edges and outside the drainage reserve and provide an interface to Botanic Park. township boundary. These areas provide ‘rural lifestyle’ Residential lots also provide rear fencing to the edge opportunities and housing choice for the community of the future expansion of Botanic Park. This detracts and were identified as a housing type suitable for the from the open space experience, as well as views along future population during consultation. this edge. Future residential development should in the future provide an active address to open space reserves such as Botanic Park, to enhance passive surveillance and provide a more attractive interface. The urban structure of the development includes a number of battle axe lots, particularly along the northern boundary of the estate. Generally these require additional driveway crossovers, the long driveways appear to dominate and fragment the streetscape and limit opportunities for street tree planting. They also limit opportunities for future development in these locations. Generally battle axe lots should be avoided. Where long Example of battle axe lots occurring within Somerset Rise driveways are provided, these should be appropriately landscaped to soften side fencing and meandered to appear less linear. 2. Loyola Run Estate (south - east along Mansfield – Whitfield Road) The development includes approximately 284 conventional residential lots ranging from 500 – over 1000sq.m in size. A proposed reserve is identified at the corner of Mt Battery Road and Mansfield Whitfield Road, with a second reserve is located centrally within the development area. Both open space areas provide for drainage requirements and allow for the retention of significant trees. Rear and side setbacks are proposed for Development occurring within Somerset Rise residential lots along the Mansfield - Whitfield Road, with a landscape buffer provided along the boundary. In the future, the length of high and solid side and rear fencing visible along the approach should be minimised and appropriately screened.

Rear fencing of residential lots addressing the Botanic Park at Somerset Rise 161 Wednesday 20 September 2017 51 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

SENSITIVE INTERFACES ADJACENT TO OPPORTUNITY TO OPPORTUNITY TO ENCOURAGE INDUSTRIAL USES, THE HEAVY VEHICLE BY PASS, RETAIN SIGNIFICANT RESIDENTIAL GROWTH WHERE OPEN SPACE AND TOWNSHIP APPROACHES TO VEGETATION. THERE IS GOOD ACCESS TO BE APPROPRIATELY RESPONDED TO. SERVICES AND FACILITIES.

EXTENT OF SEWERAGE BUFFER SUBJECT TO FURTHER INVESTIGATIONS.

CONSIDER THE IMPACTS OF OPPORTUNITY TO PROTECT CLIMATE CHANGES INCLUDING AND CELEBRATE HERITAGE FLOODING AND BUSH FIRE. PLACES.

ENSURE RESIDENTIAL DEVELOPMENT RESPONDS TO THE LOCAL CHARACTERISTICS OF THE SITE I.E SLOPE

PROVIDE GUIDANCE FOR FRAGMENTED OPPORTUNITY TO RETAIN RURAL PARCELS TO ENSURE WELL CONSIDERED AND RESIDENTIAL AREAS TO PROVIDE COORDINATED RESIDENTIAL OUTCOMES. HOUSING CHOICE. SCALE 1:30,000

Figure 21 Greenfield Development - Issues and Opportunities 162 52 Retirement Living / Aged Care 3. Highton Lane Development Plan area (east of 6. Beolite Retirement Village (west of Kidston Highton Lane) Parade) A Development Plan Overlay applies to the site and A bespoke retirement village development providing attempts to organise the fragmented land parcels into over 55 living options on the periphery of the township. a consolidated subdivision layout. The proposed layout The village includes a community centre, croquet court provides for approximately 300-400 conventional and and open space areas. A landscape buffer incorporating a medium density lots subject to detailed design and wetland is proposed along the interface with Maroondah approval. The staging and delivery of a number of roads Highway. An additional 145 lots are anticipated to be and residential components of the Development Plan will delivered as part of the village. take significant coordination and agreement for this area The relatively dense built form and limited tree planting to develop. within the development currently appears suburban Rural Residential in form, particularly in contrast to the agricultural 4. Stockmans Rise appearance of uses to the west. Additional tree and shrub planting could also be provided within the village Located to the east of Withers Lane, within the township and to Maroondah Highway to provide visual relief and boundary. The development provides for 73 lots with break up the dense built form. a minimum lot size of 2000sq.m. The development provides a transition between the pastoral landscapes to the west and more intense development towards the town centre. Other features include a central reserve which allows for tree retention, drainage requirements and shared path connections to Mullum Wetlands. Remnant trees have also been retained within residential lots. A Section 173 applies to the site and requires the developer to construct telecommunication services and underground Low Voltage Electricity Supply for lots fronting Withers Lane, as well as providing a landscape buffer along Withers Lane. Construction of residential homes within this development is yet to commence. 5. Kareen Court and the Grange Partially complete low density residential development, located to the north east of the township along Beolite Village located along Kidston Parade Mansfield – Whitfield Road. The endorsed development plan for the site indicates a maximum of 385 allotments to be provided with a minimum lot size of 2250sq.m. The layout also includes an 8m landscape buffer along the northern boundary. The density of the development provides a transition between the pastoral landscapes to the north and the emergence of conventional development towards the south. The completed residential areas are characterised by rural fences provided adjacent to Mansfield – Whitfield Road, rural post and wire side fencing between allotments, detached and low scale built form, as well as generous setbacks. This contributes to a spacious character and allows for views to the surrounding landscape however exposes inactive edges, private uses, facades, garages, large sheds, storage areas, services and amenities which are less desirable. These uses could ideally be sited away from public views along the approach. There is the opportunity for future development to maintain this spacious character through the provision of generous setbacks and retention of significant trees. Both sites are covered by zoning and Development Plan Overlay controls.

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4.2.2 Unplanned Residential Areas 4.2.3 Residential Investigation Areas

There are also large areas of residentially zoned land that Additional residential areas were identified as part of the are yet to be developed. These include: Mansfield Structure Plan. These include: a. South of Dead Horse Lane d. Whitfield - Midland Road (north east) Properties to the south of Dead Horse Lane and between Currently Rural Living Zone the site was identified for Highett Street and Stock Lane. This area is zoned General medium term rezoning to Low Density Residential in the Residential Zone and has the potential to accommodate Mansfield Structure Plan. This zoning would allow for a residential development in close proximity to the town transition between the General Residential (conventional centre. Fords Creek also traverses this area and provides and medium density residential lots) to the south and the opportunity to create an open space connection to Low Density Residential to the north. The site does have the town centre. Development of this area will require a ridge line and significant slope that will need to be consideration of the urban floodway zone in order to considered. mitigate any potential issues of flooding. In addition, e. Dead Horse Lane (south) the proximity to the future potential expansion of the Currently Farming Zone, the site is located along the industrial estate to the north side of Dead Horse Lane proposed heavy vehicular bypass route. A buffer may have a potentially negative impact on the amenity associated with the Sewerage Treatment Plant limits of the residential allotments, which would need to be development on part of the site. Drainage is a key addressed, as would the heavy vehicle bypass along consideration for the site with a drainage line traversing Dead Horse Lane. from north west to south (centrally). b. South of Malcolm Street Further investigation of these areas is required to Includes properties to the south of Malcolm Street and determine the future use of these sites. between Highett Street and Stoneleigh Road. This area is partially zoned General Residential Zone and partially zoned Rural Living Zone. Due to the fragmented land ownership, irregular shaped properties and the emergence of smaller lots fronting onto Highett Street and Malcolm Street further guidance will be required to ensure that future residential development here is well planned and coordinated. c. East of Monkey Gully Road Includes land to the east of Monkey Gully Road, west of Highton Lane and south of View Street. This area is zoned General Residential Zone and has the potential to accommodate greenfield development. Due to the fragmented land ownership, irregular shaped properties and the emergence of smaller lots fronting onto Highton Lane further guidance will be required to ensure that future residential development here is well planned and coordinated. There is the opportunity to provide additional guidance in these areas to ensure future development is well considered, promotes best practice urban design principles, connected streetscapes, access to amenity, well sited allotments with street frontage, appropriate landscape guidelines and building setbacks, path networks to connect residents to the surrounding community and sharing infrastructure and costs and how development can be developed in stages to accommodate fragmented ownership.

164 54 4.3 Infill Development - Analysis / Issues and Opportunities

The established residential areas of Mansfield are Medium density development was raised as a key issue generally focused around the existing town centre / retail during community consultation. Key concerns regarding uses. Residential homes are generally located on General these types of developments included: Residential Zone and Mixed Use Zoned areas, but there ■■ High site coverage i.e. lack of permeable spaces and are some homes provided within the commercial areas of space for landscaping. the town (particularly north of High Street. The average parcel size in these areas are generally between 800- ■■ Removal of existing trees / limited opportunities 1000m2. for tree planting within both the public and private realm. Figure 22 provides a zoom in of the established residential area of Mansfield. It highlights some of the ■■ Minimal setbacks that allow for overlooking and / or existing issues and opportunities for infill development overshadowing of adjacent properties. including the township approaches, heritage buildings ■■ The provision of private open space. (registered and valued), existing services and amenities (including schools, community uses and open space ■■ Allowance of resident and visitor car parking areas), industrial interfaces, dual fronted lots and lots particularly within an existing streetscape. greater than 800sq.m. ■■ Removal of street trees to allow for additional cross Opportunities exist within the area currently identified as overs. the 90-100 access score range for infill development to ■■ Gun barrel driveways that terminate with views to occur. the garage. Figure 22 identifies properties within the 90-100% ■■ Impacts on heritage places. access score, which have dual road frontages. These properties allow for two lot subdivision to occur easily It will be important to ensure future medium density and it allows for future properties to have a presence to housing provides a high level of amenity for residents, the street, while retaining private open space to the rear. with high quality buildings designed in a way that Additionally lots over 800m2 are more likely to redevelop reflects the character of Mansfield. given the potential to subdivide into 400sq.m lots, while Within the established areas of Mansfield there are a providing space for setbacks and landscaping. number of large, underutilised, vacant landholdings and strategic sites which may be suitable for future residential development and diversification. These sites are identified on Figure 22 as 'Strategic Redevelopment Sites' and include: ■■ Stock Route - Industrial uses located within close proximity to the town centre. Currently the existing industrial uses presents potential conflicts for adjoining residential zones to the north and east. ■■ Stock Route – Currently zoned for mixed use purposes but has yet to be fully developed. ■■ Maroondah Highway - Commercially zoned land Existing of established residential streetscape located along the southern side of Maroondah Highway, opposite Mullum Wetlands. Highly prominent site that forms part of the gateway to the alpine region. ■■ Mount Buller Road – Mixed Use land located on the periphery of the town, along the key approach to Mount Buller. Highly prominent site that forms part of the gateway to the alpine region. There is the opportunity to provide diverse housing outcomes on these sites where there is good access to existing services and amenities and integrate them with surrounding land uses. Example of medium density housing. 165 Wednesday 20 September 2017 55 0317-0174 01 R001-2 Mansfield Housing Background Summary Report_Rev 10

RESIDENTIAL LOTS WITHIN LOTS OVER 800 SQ.M AND DUAL ACCESS SCORE OF 90 -100 FRONTED LOTS COULD PROVIDE GENERALLY HAVE GOOD ACCESS OPPORTUNITY FOR FURTHER TO SERVICES AND FACILITIES. SUBDIVISION.

LARGER SITES PROVIDE OPPORTUNITY FOR STRATEGIC REDEVELOPMENT

OPPORTUNITY TO PROTECT FORDS CREEK PROVIDES AND CELEBRATE HERITAGE OPPORTUNITY TO DEFINE AND LINK PLACES. RESIDENTIAL NEIGHBOURHOODS. NOT TO SCALE

Figure 22 Infill Development - Issues and Opportunities 166 56 Views along streetscape at Somerset Rise 05 Summary of Key Issues and Opportunities

5. Summary of Key Issues and Opportunities

Based on the previous analysis for housing and residential development and feedback from public consultation, a number of key and recurring themes, opportunities and issues have emerged. These have been grouped by emerging themes and include: Theme 1: Residential Growth and Diversity ■■ Provide additional guidance for residential ■■ Respond to the demand for liveable and high quality development in areas which are significantly places to live. fragmented to ensure development is well considered, promotes best practice urban design ■■ Ensure sufficient residentially zoned land to support principles, connected streetscapes, access to projected growth. amenity, well sited allotments with street frontage, ■■ Provide a diverse range of housing types that are appropriate landscape guidelines and building appropriately located. setbacks, path networks to connect residents to the surrounding community and how to develop these ■■ Further investigation is required to understand the current and future level of demand for the various areas with fragmented land ownership. types of accommodation in Mansfield. ■■ Ensure long term residential growth options are maintained. ■■ An aging population and smaller household sizes are likely to require diverse housing options, including ■■ Support the provision of short term and temporary independent living and medium density dwellings to accommodation options for visitors and workers. enable older people to downsize, retirement villages and aged care and shop top housing. ■■ Generally, a greater proportion of persons prefer conventional density housing, but acknowledge the need for medium density. ■■ Provide diverse housing outcomes on identified strategic redevelopment sites where there is good access to existing services and amenities and integrate them with surrounding land uses. ■■ Retain ‘rural lifestyle’ opportunities which provide housing choice for the community.

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Theme 2: Social and Affordable Housing ■■ A higher proportion of households with an income ■■ Ensure future residential development along less than $650, combined with a higher proportion of township approaches considers the guidelines households in Mansfield renting and higher median contained in the Mansfield Township Approaches weekly rent for Mansfield ($200) represent a need for Planning Controls and Guidelines Study. affordable housing. ■■ Develop design guidelines for industrial ■■ There is a demonstrated need for more housing development to ensure the interface to residential including crisis/emergency and short term development is carefully considered and responded accommodation suitable for single person to. households. ■■ Encourage residential development provides an ■■ Affordable housing is likely to take the form of active address to open space reserves such as smaller housing typologies such as units and Botanic Park, to enhance passive surveillance and townhouses which are well located in terms of provide a more attractive interface. services and infrastructure. Other typologies should ■■ Respond to the Ultimate Heavy Vehicle Bypass and also be investigated. potential amenity impacts on residential areas. Theme 3: Heritage, Character and Design ■■ The Sewerage Treatment Plant and associated ■■ Retaining a sense of connection between the buffers. landscape and rural setting of Mansfield and ■■ Encourage high quality contemporary developments residential areas will help create unique and to reinvigorate the character of Mansfield. attractive neighbourhoods in the future. ■■ Encourage best practice and excellence in housing ■■ Maintain and reinforce the sense of space and ‘treed’ design and sustainability. character of Mansfield. ■■ Retain and respect heritage / valued buildings within ■■ Retain significant vegetation that contributes to the Mansfield. character of the streetscape and provides visual impact and scale. ■■ Generally avoid battle axe lots as these restrict future development of an area and can have negative ■■ Maintain views to the surrounding hills through low impacts on streetscape cohesion. scale and generously spaced built form. ■■ Maintain the spacious character of established ■■ Future development should respond to the existing residential areas through the provision of generous topography of the site to avoid unnecessary cut / fill setbacks and retention of significant trees. and retaining walls. ■■ Provide tree and shrub planting to provide visual ■■ Create a broader integrated open space network, relief and break up the dense built form. including links along creek corridors (i.e. Fords Creek) in future residential areas. ■■ Ensure medium density housing provides a high level of amenity for residents, with high quality buildings designed in a way that reflects the character of Mansfield. Theme 4: Climate Change and Environmental Considerations ■■ Respond to climate change risks in particular flooding and bush fire risks and temperature rise.

168 58 DRAFT

Township Housing Strategy

MANSFIELD Part A DRAFT REPORT

OCTOBER 2017 Part B

Mansfield Shire Council 33 Highett Street, Mansfield Private Bag 1000, Mansfield VIC 3724 t (03) 5775 8555 169 e [email protected] w www.mansfield.vic.gov.au

Quality Assurance Report Card

Project Name 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

Document Number PR01

Revision 03

Prepared By DM

Reviewed By MN

Approved By MN

Date of Issue Thursday 12 October 2017

170 2 Contents

PART A - INTRODUCTION 4

1. About the Township Housing Strategy 5 2. Context 9 PART B - TOWNSHIP HOUSING STRATEGY 12

1. Vision and Strategic Directions 13 2. The Residential Framework Plan 16 3. Direction 1 - Plan for Residential Growth and Diversity 18 4. Direction 2 - Address Social and Affordable Housing Needs 36 5. Direction 3 - Respect Heritage and Character and Promote Quality Design Outcomes 38 6. Direction 4 - Respond to climate change and environmental considerations 43 7. Implementation 46 Part A Part B

171 Thursday 12 October 2017 3 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

PART A - INTRODUCTION

Figure 1 Plan 172 4

Introduction

1. About the Township Housing Strategy 1.2 Why prepare a Township Housing 1.1 What is a Housing Strategy? Strategy for Mansfield? A housing strategy sets a framework for managing The housing needs in Mansfield are diverse and residential development and future housing growth. changing. It is important to understand what is driving A housing strategy responds to the changing and and influencing new and changing demands for diverse needs of the current and future community by: housing, and set in place appropriate strategies and directions to meet housing requirements for the next ■■ Identifying preferred locations for future 20 years. housing. The Mansfield Structure Plan 2015, provides the ■■ Identifying a range of lot sizes and housing types basis for the development of the Township Housing to provide housing choice. Strategy. While some key elements of the Structure ■■ Encouraging best practice and excellence in Plan have been investigated further, the housing housing design and sustainability. strategy will provide that next level of guidance for Council. ■■ Ensuring future residential development respects the valued character elements and heritage of The Township Housing Strategy has been developed Mansfield. to guide land use planning and development for housing in the Mansfield township. The Strategy ■■ Ensuring future residential development responds has been developed through a process involving to climate change and limits exposure to natural community and stakeholder input, research and hazards. investigations. ■■ Supporting the provision of services and infrastructure and affordable housing. A housing strategy provides the basis for planning controls which will be used to assess planning and building permit applications. Part A Part B

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1.3 The Study Area The study area for the Township Housing Strategy is generally bounded by the Township Urban Growth Boundary as identified on Figure 1 below. This boundary is consistent with the Township Urban Growth Boundary identified in the Mansfield Structure Plan.

SCALE 1:30,000

Figure 1 The Study Area 174 6 1.4 Strategy Methodology The development of the Mansfield Township Housing Strategy has taken place throughout 2017, and was made up of the following stages;

Background Vision and Draft Finalise the 1 Research 2 Strategic 3 Housing 4 Housing Directions Strategy Strategy

April - May May 2017 June - October November 2017 2017

Analysis and Develop a vision Develop a draft Finalising the investigations to and strategic housing strategy housing strategy. understand the directions for the for Mansfield. key issues and housing strategy. opportunities associated with housing and residential development in Mansfield.

Findings from Stage Findings from Findings from 1 will inform the Stage 2 will inform Stage 3 will inform vision and strategic the draft Township the final Township directions. Housing Strategy. Housing Strategy.

Stage 2 Stage 1 Consultation Consultation Feedback on the Information draft Township Gathering Housing Strategy. Part A Part B

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1.5 Structure of this Report 1.6 Community Consultation This report collates information from all stages of the Community and stakeholder consultation was an project and consists of the following key sections: important part of developing the Township Housing Strategy for Mansfield. PART A - INTRODUCTION A summary of the key themes to emerge from consultation have been included in this report and are 1. INTRODUCTION aligned to the Strategic Directions. Sets the scene for why a Township Housing Strategy For further details on the community and stakeholder has been prepared and its purpose. engagement process, refer to the Background Summary Report.

2. CONTEXT Identifies the drivers for change considered during the development of the Township Housing Strategy.

PART B -TOWNSHIP HOUSING STRATEGY

3. VISION AND STRATEGIC DIRECTIONS Identifies a vision for housing and residential development in Mansfield and articulates strategic directions that underpin the vision and the Township Housing Strategy.

4. RESIDENTIAL FRAMEWORK PLAN Provides a framework for Mansfield's future residential growth focusing on the strategic directions.

5-8. STRATEGIC DIRECTIONS Aligns the strategic directions with strategies and actions which describe the desired outcomes to be achieved in the future.

9. IMPLEMENTATION Provides a plan for the implementation of strategies and actions contained in the Township Housing Strategy, an overview of who will be involved in the implementation and timing for delivery.

176 8 2. Context 2.1 Snapshot of Mansfield Mansfield is a historic town, located approximately Mansfield is the centre of a large primary production 180km north east of Melbourne along the Maroondah area. As such, agricultural land forms a distinct part of Highway. the surrounding landscape. Situated in Mansfield Shire, the town is the largest in Maroondah Highway, Midland Highway, Mt Buller the municipality and provides civic, business, retail, Road and Whitfield - Mansfield Road are the major educational and social services to the surrounding access routes within Mansfield Shire. These provide community. Nearby towns include Merton, Bonnie connections from Mansfield to the Hume Freeway and Doon, Tolmie, Merrijig, Jamieson and Woods Point. Melbourne, as well as to Benalla and Wangarratta. Tourism is a major contributor to the local economy. While railway services once operated between Mansfield’s unique location within Victoria’s Mansfield and Tallarook, the last passenger service High Country and its close proximity to natural ran in 1977. The former railway line reserve now environmental features attracts visitors to the town all provides the location for the Great Victorian Rail Trail. year round. This provides walking and cycling connections into Mansfield and offers an alternative arrival experience. Mount Buller and Mount Stirling form part of the Victorian Alps. Mansfield provides a gateway for Key features within Mansfield include the Mansfield visitors travelling to both and offers a range of Botanic Park, Mansfield Golf Course, Mansfield Mullum accommodation and commercial services to cater for Wetlands, Railway Station, Mansfield Race Course, their needs. The surrounding hills also afford Mansfield Fords Creek, heritage buildings, existing River Red with spectacular views, providing a distinct visual Gums and the distinct median along Highett and High character highly valued by the local community, as Street. well as lifestyle benefits for residents. Part A Part B

Mullum Wetlands 177 Thursday 12 October 2017 9 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

2.2 Drivers of Change The Township Housing Strategy has been influenced by a range of factors, both specific to Mansfield and others experienced nationally and internationally. In summary the key drivers for change include: ■■ The Hume Regional Growth Plan - Identifies ■■ Demographic trends - Indicating an ageing Mansfield as a town for key sub regional population and fewer people in each household. settlement, offering residential growth opportunities. ■■ Its Natural Setting - Mansfield’s unique location within Victoria’s High Country and its close ■■ The Mansfield Structure Plan - Identifies gaps proximity to natural environmental features which in Mansfield’s housing stock (i.e. seasonal housing offer lifestyle benefits for residents and attract demands and rental accommodation) which are visitors to the region. impeding economic growth. ■■ Increasing demand for liveable communities ■■ Population Growth - Mansfield is projected to – Communities increasingly demand liveable, increase approximately 1.6% per annum to reach high amenity places to live and work. Existing a population of 4,098 by 2031. This is an increase natural assets and community services positively of approximately 829 people over 20 years (2011 contribute to Mansfield’s liveability. - 2031). ■■ Climate Change - The potential impacts of climate change on the region including flood and bush fire.

Fords Creek - a key environmental feature of Mansfield 178 10 2.3 Key Issues and Opportunities A significant amount of analysis was completed to understand the opportunities and constraints for future residential growth in Mansfield. Detail of this analysis can be found in the Background Summary Report. The key issues and opportunities are summarised as follows: ■■ Providing diversity of housing styles to ■■ Enhancing the character of residential accommodate the changing demographics and neighbourhoods. population growth i.e. older people and smaller ■■ Existing heritage places including those protected households. and those yet to be protected. ■■ Providing sufficient residentially zoned land to ■■ Responding to the ultimate heavy vehicle bypass support projected growth. route and potential amenity and safety impacts on ■■ Encouraging infill development in well located residential areas. and well serviced areas. ■■ Fragmented land parcels which provide challenges ■■ Managing the roll out of land supply (staging). for residential development and service provision. ■■ Allowing for population growth whilst creating a ■■ Connectivity of residential development on the sense of community and identity. periphery of the township. ■■ Providing short term and temporary ■■ The Goulburn Valley Sewerage Treatment Plant accommodation options for visitors and workers. and associated buffers. ■■ Housing affordability and aging in place. ■■ The interface between existing and future residential and nonresidential uses such as ■■ Social housing options for at risk and low income farming uses, industrial uses, commercial uses and households. township approaches. ■■ Retention of remnant vegetation. ■■ Future provision of public open space and parks ■■ Provision of landscaping within residential for residents in Mansfield. developments. ■■ Ensuring funding is coordinated and available ■■ Encouraging high quality and ecologically for the provision of future services and facilities sustainable building design. required by the community. Part A Part B

Mixed use housing typology along Nolan Street 179 Thursday 12 October 2017 11 1. About the Housing Strategy

PART B - TOWNSHIP HOUSING STRATEGY

180 1. Vision and Strategic Directions 1.1 Vision The vision is a statement that outlines the preferred long term aspiration for housing and residential development in Mansfield. The vision is important as it sets out what residential and housing development in Mansfield should be in the future i.e. how it will look, function and feel. The vision is based on background research and investigations and on feedback received as part of the first stage of community engagement.

VISION - The town of Mansfield is a great place to live. Residential areas are well planned, attractive and inclusive. Affordable, accessible and sustainable housing options contribute to a diverse and inclusive community, whilst retaining Mansfield’s character, heritage and natural beauty. Part A Part B

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1.2 Strategic Directions The Strategic Directions underpin the Township Housing Strategy. The Strategic Directions provide guidance for all future planning and design outcomes as they reflect and are consistent with the community’s aspirations.

Direction 3 - Respect Heritage, Character and Quality Design Outcomes

Direction 1 - Plan for Protect areas of built form Residential Growth and landscape character and Diversity and heritage value and promote high quality Provide clear strategic residential design and direction to accommodate amenity outcomes. population growth and facilitate future housing development in Mansfield. Encourage a diverse range of lot sizes and dwelling Direction 4 - Respond types to suit current and to climate change future housing needs. and environmental considerations

Support and facilitate residential developments Direction 2 - Address that respond to best Social and Affordable practice ecologically Housing Needs sustainable design and promote more intensive Support and facilitate housing development affordable housing in in areas of existing appropriate locations, to infrastructure in walkable meet the needs of the distances to the town community. centre.

182 14

“The older residential areas show a lot of character. People seem proud of their homes and yards.”

“The single/ low rise nature of housing enhances Mansfield town living allowing sun to provide light and minimising wind tunnels.”

“Older people with limited income need affordable housing, more and more retirees will come to Mansfield."

“Fords Creek winding through length of town with potential to create a linking path from east to west.”

“Currently, there have been no subdivision developments driven primarily by sustainability. While challenging, this would be a great model leading the way to the future. This should be fostered and facilitated." Part A Part B Quotes from submitted responses at Council counter, June 2017

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2. The Residential Framework Plan

2.1 Overview 2.2 Key components of the Residential The Residential Framework Plan aims to identify Framework Plan existing and planned residential areas, where future A summary of the key components of the Residential residential growth should occur, strategic locations Framework Plan are outlined below. These are further that require more detailed review and guidance for elaborated in Sections 3-6. future planning to accommodate population growth. ■■ Provides for a diverse range of lot sizes and dwelling types to suit different households and incomes. ■■ Supports the development of planned / committed greenfield development areas and infill development, where there is good access to shops, services and transport. ■■ Longer term residential growth areas are provided in the south east and north west. These areas require additional planning due to fragmented land ownership and will be characterised by creeks and open space areas. ■■ Identifies investigation areas to the north east and north west. The feasibility of these areas for residential development will be subject to further investigations. ■■ Strategic redevelopment sites are identified in close proximity to the town centre and allow for the delivery of mixed use housing outcomes (i.e. home offices, shop top housing, medium density housing, retirement living social housing, temporary accommodation etc), to utilise existing infrastructure, as well as provide more activity on the streets. ■■ Rural residential development opportunities are located on the periphery of the town to provide diversity of housing. ■■ Sensitive interfaces, where residential areas abut the ultimate heavy vehicle bypass route, the four township approaches and industrial areas, are identified to ensure these areas are appropriately managed. ■■ Opportunities for open space to define the identity of residential neighbourhoods and create an engaged and connected community.

184 16

INVESTIGATE THE FEASIBILITY OF RESIDENTIAL DEVELOPMENT ON IDENTIFIED PARCELS.

USE OPEN SPACE AND NATURAL FEATURES TO DEFINE AND DISTINGUISH RESIDENTIAL NEIGHBOURHOODS.

APPROPRIATELY MANAGE SENSITIVE INTERFACES.

SUPPORT PLANNED / COMMITTED GREENFIELD DEVELOPMENT CLOSE TO SERVICES AND FACILITIES. Part A

ADDITIONAL PLANNING RURAL RESIDENTIAL

REQUIRED TO MANAGE Part B OPPORTUNITIES MAINTAINED TO SCALE 1:30,000 FRAGMENTED AREAS. PROVIDE HOUSING CHOICE.

Figure 2 Residential Framework Plan 185 Thursday 12 October 2017 17 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

3. Direction 1 - Plan for Residential Growth and Diversity

3.1 What we heard (community feedback) 3.2 Plan for Growth ■■ Residential growth should be balanced with creating The Hume Regional Growth Plan identifies Mansfield a sense of community. as a town for key sub regional settlement. It recognises that Mansfield offers residential growth opportunities ■■ Additional housing should be provided around the given its unique natural characteristics and the existing town centre where there is access to services lifestyle benefits offered. It also noted that this growth and facilities. needs to be managed to protect environmental assets ■■ Commercial and industrial growth opportunities to and values and limit exposure to natural hazards such provide future jobs and support residential growth. as bush fire and flood. ■■ There should be a range of housing types provided Population growth in Mansfield is projected to for families, couples, and singles. increase approximately 1.6% per annum to reach a population of 4,098 by 2031. This is an increase ■■ Retirement Living and Aged Care were considered key of approximately 829 people over 15 years. It is housing types required for the future population of anticipated that there will also be a change in Mansfield. demographics with an ageing population and fewer ■■ Future housing for the aging population is a key people in each household. concern. Independent living and medium density These trends place pressure on existing housing and dwellings were suggested as options to enable older require consideration of where additional housing people to stay at home longer. growth can be accommodated to protect the long ■■ Strategic development opportunities are located near term livability, affordability, and sustainability of the the Railway Station, Kitchen Street and Walker Street. community. ■■ There is the opportunity to utilise the sale yards site to To ensure Mansfield can fulfil its role as a key sub- provide affordable housing options / medium density regional settlement and to allow for anticipated development. growth, it is important to ensure that there is a ■■ Rentals are in high demand including medium sufficient supply of residentially zoned land. density homes for weekend visitors. It was noted Table 1 provides the VIF2016 population projection for that there was an opportunity for agents to better the municipality and a derived forecast for the town facilitate share housing. However some concern was area (an area consistent with the Study Area) based raised in regards to large areas of rentals clustered on the assumption that, with residential development together i.e. Griffin Avenue. opportunities available going forward, Mansfield ■■ An aging population and the need for more (town) will assume a greater proportion of the Shire's independent living and medium density dwellings population growth. to enable older people to downsize, as well as Based on the projected population forecasts and the retirement villages and aged care. anticipated average household size (of 2.11 people), it can be assumed that Mansfield will require an additional 393 dwellings by 2031 to meet forecast dwelling demand. Refer to Table 2.

186 18

Table 1 Projected Population Forecasts

2016 2021 2026 2031

Victoria In Future 2016

Mansfield Estimated Residential Population 8,325 8,719 9,140 9,595 (Municipality)

Rate of Growth (%) 0.9% 0.9% 1.0%

Average annual growth (no.) 79 84 91

Derived forecast

Mansfield (Town) Estimated Residential Population 3,269 3,505 3,779 4,098

Rate of Growth (%) 1.4% 1.5% 1.6%

Average annual growth (no.) 79 84 91

Table 2 Projected Housing Demand PROJECTED PROJECTED PROJECTED AVERAGE PROJECTED HOUSING DEMAND POPULATION POPULATION POPULATION HOUSEHOLD SIZE (PROJECT POPULATION FORECASTS FORECASTS GROWTH (2016 - (MANSFIELD) GROWTH / AVERAGE 2016 (DERIVED 2031 (DERIVED 2031) HOUSEHOLD SIZE) FORECAST) FORECAST)

3,269 4,098 829 2.11 393 NB: At the time of detailed planning estimated dwelling yield may vary. The above table should not be read as limiting development. Part A Part B

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3.3 Provide for Diverse Housing Needs

Currently in Mansfield, existing home styles are Table 3 provides an estimate of future dwellings across typically detached single level homes. This is each housing source. It assumes that a significant anticipated to change, with the proportion of people amount of housing demand will be directed towards over 70 years in age increasing and the proportion conventional dwellings with potential for medium and of lone person and couples without dependent mixed use development (80% which comprises 60% households also increasing. This will create demand greenfield and 20% infill). This is based on anticipated for a variety of housing types and a need for housing demand in response to an aging population and older design to better respond to those wanting to age people looking to down size and smaller household in place i.e. opportunities for medium density sizes. The balance of demand is assumed to be development and aged / retirement living options. directed to rural residential dwellings (20%). These In regards to the future supply of dwellings and figures generally reflect the assumptions made in the housing choice within Mansfield, the Township Mansfield Structure Plan. Housing Strategy identifies several different sources The below table has been used to understand including: where future supply for each housing source may be ■■ Greenfield Development; new development required. areas zoned or identified for residential purposes Table 3 Housing demand by housing sources where new development is likely to be developed for detached dwellings. HOUSING SOURCE ESTIMATED % ESTIMATED OF HOUSING DWELLINGS ■■ Infill Development; small scale multi-unit DEMAND development (villas and townhouses) and Housing Source strategic redevelopment sites dispersed through the established residential areas of Mansfield. Greenfield Development - 60% 235 Conventional In Mansfield, there are potential opportunities across each supply type, although in practice the major Greenfield Development - 20% 79 source of future residential supply is likely to come Rural from greenfield supply owing to the existing demand Infill Development - 20% 79 for detached homes. Conventional / Medium Density

PROJECTED HOUSING 100% 393 DEMAND

NB: At the time of detailed planning estimated dwelling yield may vary. The above table should not be read as limiting development.

Example of existing greenfield development within Mansfield

188 20 3.4 Retirement and Aged Care 3.5 Short Term / Temporary The proportion of residents over 65 years old in Accommodation Mansfield (20.89%) in 2016 was higher than in Regional Mansfield is influenced by seasonal housing demands Victoria overall (17.5%). It is anticipated that projected associated with tourism and seasonal trades. population growth in the Shire will result in an Community and stakeholder feedback suggests increase in the number of people at or approaching that there is a need to provide additional short term retirement age. / temporary accommodation to meet demand, An aging population is likely to require an increased particularly affordable options for seasonal workers diversity of housing product in Mansfield. Aged care i.e. for fruit pickers and those working up on the facilities, retirement and over 55 living are encouraged mountains during the snow season. in residential areas with good access to existing Short term / temporary accommodation includes a services and facilities. range of accommodation types including caravan Adopting the population forecast of approximately parks, hotels, motels, holiday homes, back packers etc. 4098 by 2036 and current age structure percentages, it Strategic Redevelopment Sites (including mixed use can be assumed that at least 860 residents will be over sites) as per the Residential Framework Plan, provide 65 years in 2031. opportunities to provide this type of housing. Refer to Section 3.7. That being said, short term / temporary Beolite Village is located on the periphery of town accommodation can be provided in greenfield, infill and provides boutique retirement living options (refer and existing residential areas as appropriate. Section 3.6). Aged care services are also provided through Mansfield District Hospital, at Buckland House While the Township Housing Strategy encourages Nursing Home and Bindaree. Buckland House Nursing opportunities to provide additional short term / Home provides 30 beds for high level aged care, while temporary accommodation in Mansfield; in particular Bindaree Retirement Centre provides a total of 42 the provision of more affordable / adaptable low care beds, including 11 dementia specific beds. accommodation offerings; it is recognised that further Additionally Bindaree provides an ‘Ageing in Place’ investigation is required in regards to the demand and program. Both facilities are located near Mansfield type of accommodation for Mansfield to effectively District Hospital, just off Highett Street. encourage and support these opportunities. Although Council is not responsible for the provision of Retirement and Aged Care, it can investigate and actively pursue opportunities for aged care facilities, retirement, over 55 living and co-housing within Mansfield. Medium density housing additionally offers opportunities for older people to down size and age in place. It should however be considered that older people often require specialised housing fitted out to suit their physical abilities. Those in the private rental market might be vulnerable given that landlords are often reluctant to make such modifications to meet the needs of individual tenants. Part A Part B

Mansfield District Hospital provides aged care services Examples of short term / temporary accommodation in Mansfield 189 Thursday 12 October 2017 21 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

Planned / Committed Greenfield 3.6 Greenfield Development Development Sites The majority of Mansfield’s population growth is likely Current planned and developing greenfield residential to occur within greenfield sites. Some of these areas areas in Mansfield include: are currently being developed, some have approved Conventional Residential plans in place, some are already zoned for residential development but not yet developed, while others will 1. Somerset Rise (south of Red Gum Drive) – be the subject of further investigation looking to a Completion of remaining stages of an existing possible rezoning. residential development estate (approximately 64 conventional lots remaining) to the north of It is important that greenfield residential development Botanic Park. is planned, to ensure sufficient land is available for growth and that residential growth is managed so 2. Loyola Run Estate (south - east along Mansfield that residents have access to a range of services and – Whitfield Road) – Includes approximately 284 amenities. These areas should also be planned to conventional residential lots ranging from 500 – integrate with existing residential communities to over 1000sq.m. create a connected network across Mansfield. 3. Highton Lane Development Plan area (east of Highton Lane) – Potential to accommodate 300- 400 lots subject to detailed design and approval. Difficulty of this site is the fragmented nature of land ownership and delivery of infrastructure. Rural Residential 4. Stockmans Rise Estate (east of Withers Lane) – Includes 73 lots overall with a minimum lot size of 2000sq.m. It has been assumed that stages 5-6 are remain only (approx. 35 lots). 5. Kareen Hills and The Grange Estates (north east along Mansfield – Whitfield Road) - Completion of existing residential development estate. The endorsed development plan for the site indicates a maximum of 385 lots to be provided with a minimum lot size of 2250sq.m. It has been Current greenfield development at Somerset Rise. assumed that 170 lots remain in this development. Retirement and Aged Care 6. Beolite Retirement Village (west of Kidston Parade) - A bespoke retirement village providing over 55 living options on the periphery of the town. A plan for the village indicates an additional 145 retirement dwellings are to be provided. Planned and committed greenfield development sites are identified on Figure 2 and Table 4.

Loyola Run Estate for sale along Mansfield Whitfield Road

190 22

The supply of planned / committed greenfield The Township Housing Strategy prioritises residential residential land in Mansfield is estimated to provide development in planned / committed greenfield in the order of 998 dwellings (648 conventional residential areas in the short term (0-5 years). These dwellings, 205 rural dwellings and 145 retirement sites are generally zoned for residential uses, are well dwellings). located and have access to shops and services. Rural greenfield development sites will also be retained That being said, the Highett Lane Development Plan and will provide additional housing choice for the area is constrained by fragmented land ownership. community. This area provides for a theoretical yield of some 300 - 400 conventional and medium density dwellings and if undeveloped could significantly impact land supply yields. A review of the Highton Lane Development Plan should be undertaken to identify blockages to its implementation and determine how the plan can be adjusted to facilitate residential development.

Table 4 Indicative Yields - Planned / Committed Greenfield Development Sites

PLANNED / COMMITTED GREENFIELD DEVELOPMENT SITES

IDENTIFICATION EXISTING LAND USE ESTIMATED NOTES / ASSUMPTIONS Existing zoned land to ZONING DWELLING YIELD be developed (As shown on Figure 2) Conventional Residential

1 - Somerset Rise General Residential 64 Assumes Stage 10 - 13 outstanding based on display board at Zone the front of the estate and cadastre data from www.land.vic. gov.au, 10 May 2017.

2 - Loyola Rise General Residential 284 Based on 'Dead Horse Lane Development Plan' from Council Zone Minutes 21st July 2015.

3 - Highton Lane General Residential 300 - 400 Based on the 'Mansfield Highton Lane Development Plan', May Development Plan Zone 2015.

648 - 748 Rural Residential

4 - Stockmans Rise Low Density 35 Assumes Stage 5 - 6 outstanding based on plan from 'Council Residential Minutes 21st July 2015' and cadastre data from www.land.vic. gov.au, 10 May 2017.

5 - Kareen Hills and the Low Density 170 Based on 'Kareen Hill Development Plan' from Council Minutes Grange Residential 20th May 2014.

205

Retirement and Aged Care

6 - Beolite Village General Residential 145 Based on concept plan from available from ' http://www. Zone / Low Density groundcontrol.com.au/testimonials.html'. Residential

145 Total 998 - 1098

NB: At the time of detailed planning estimated dwelling yield may vary. The above table should not be read as limiting development. Part A Part B

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Unplanned Greenfield Development Sites

There are also a number of new greenfield residential Unplanned greenfield development sites are identified development areas which will be subject to future on Figure 2 and Table 5. The Township Housing planning. These include: Strategy considers these as medium residential a. South of Dead Horse Lane - Includes properties growth options (5-10 years), given the need for future to the south of Dead Horse Lane and between planning, the difficulty associated with fragmented Highett Street and Stock Lane. This area is zoned land ownership and uncertainty with regarding General Residential Zone and has the potential to access to services across the sites. These areas are accommodate greenfield development in close already zoned for residential uses. It is recommended proximity to the town centre. Fords Creek also that a development plan be prepared for these traverses this area and provides the opportunity areas to provide detail around road and transport to create an open space connection to the networks, the location and dimensions of open space, town centre. Given construction of Stockmans community infrastructures, the retention / protection Rise, to the west, is underway the site provides of key environmental and heritage features and the the opportunity to consolidate and integrate provision of service and drainage infrastructure. residential development throughout this area. Importantly the costings for the development of b. South of Malcolm Street - Includes properties to these areas should be investigated and if appropriate, the south of Malcolm Street and between Highett apportioned to the individual land holdings. Street and Stoneleigh Road. This area is partially Additionally development should be appropriately zoned General Residential Zone and partially staged to allow for construction. zoned Rural Living Zone. Due to the fragmented land ownership, irregular shaped properties and the emergence of smaller lots fronting onto Highett Street and Malcolm Street further guidance will be required to ensure that future residential development here is well planned and coordinated. c. East of Monkey Gully Road - Includes land to the east of Monkey Gully Road, west of Highton Lane and south of View Street. This area is zoned General Residential Zone and has the potential to accommodate greenfield development. Due to the fragmented land ownership, irregular shaped properties and the emergence of smaller lots fronting onto Highton Lane further guidance will be required to ensure that future residential development here is well planned and coordinated.

192 24

Table 5 Indicative Yields - Unplanned Greenfield Development Sites

UNPLANNED GREENFIELD DEVELOPMENT SITES

IDENTIFICATION EXISTING GROSS ESTIMATED NET ESTIMATED NET ESTIMATED DENSITY / Unplanned LAND USE AREA (HA) DEVELOPABLE RESIDENTIAL DWELLING NDA greenfield ZONING AREA (HA) Assume AREA (HA) Assume YIELD

development sites 20% for key roads 20% for local roads. Assume 800 and open space. (As shown on Figure square metre 2) lot average. Conventional Residential

A - Unplanned G/F General 42.51 34.01 27.21 340 lots 10 dw/ha Development Site Residential Zone

B1 - Unplanned G/F General 45.21 36.17 28.93 362 lots 10 dw/ha Development Site Residential Zone

C - Unplanned G/F General 56.36 45.09 36.07 451 lots 10 dw/ha Development Site Residential Zone

144.08 115.27 92.21 1153 lots 10 dw/ha NB: At the time of detailed planning estimated dwelling yield may vary. The above table should not be read as limiting development. IDENTIFICATION EXISTING GROSS ESTIMATED NET ESTIMATED NET ESTIMATED DENSITY / Unplanned LAND USE AREA (HA) DEVELOPABLE RESIDENTIAL DWELLING NDA greenfield ZONING AREA (HA) Assume AREA (HA) Assume YIELD

development sites 20% for key roads 10% for local roads. Assume 2000 and open space. (As shown on Figure square metre 2) lot average. Rural Residential

B2 - Unplanned G/F Low Density 94.17 75.34 67.81 339 lots 4.5 dw/ha Development Site Residential

94.17 75.34 67.81 339 lots 4.5 dw/ha

Total 238.25 190.61 160.02 1492 -

NB: At the time of detailed planning estimated dwelling yield may vary. The above table should not be read as limiting development. Part A Part B

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Greenfield Investigation Areas

The Township Housing Strategy identifies a number of investigation areas where there is not currently sufficient information to determine the future use of these sites. The strategies and actions identify parameters for these investigations. These sites include: d. Greenfield Investigation Site - Mansfield - Greenfield investigation areas are identified on Figure Whitfield Road (north east) - Currently Rural 2 and Table 6. Living Zone the site was identified for medium The rezoning of 'Greenfield Investigation Site D' is term rezoning to Low Density Residential in the considered by the Township Housing Strategy as Mansfield Structure Plan. This zoning would a medium term option (5-10 years), reinforcing the allow for a transition between the General actions outlined in Mansfield Structure Plan. Residential (conventional and medium density residential dwellings) to the south and Low 'Greenfield Investigation Site E' are considered as long Density Residential to the north and will limit gaps term residential growth options (10-15 years), given the between development areas to ensure the risk of supply of existing residentially zoned land available, fire can be managed. the need for further investigations and that these e. Greenfield Investigation Site - Dead Horse Lane areas are yet to be fully zoned for residential uses. - Currently Farming Zone, the site is located along the proposed heavy vehicular bypass route. A buffer associated with the Sewerage Treatment Plant limits development on part of the site. Drainage is a key consideration for the site with a drainage line traversing from north west to south (centrally).

Rural living zone along Mansfield - Whtifield Road 194 26

Table 6 Indicative Yields - Investigation Greenfield Sites INVESTIGATION GREENFIELD SITES

IDENTIFICATION EXISTING LAND PROPOSED GROSS ESTIMATED ESTIMATED ESTIMATED DENSITY Investigation USE ZONING LAND USE AREA NET NET DWELLING / NDA greenfield ZONING (HA) DEVELOPABLE RESIDENTIAL YIELD

development sites AREA (HA) AREA (HA) Assume 2000 Assume 20% for Assume 10% (As shown on Figure square metre key roads and for local roads. 2) lot average. open space. Rural Residential

D - Investigation Rural Living Zone Low Density 33.07 26.46 23.81 119 4.5 dw/ha Greenfield Site Rural Living

E - Investigation Farming Zone Low Density 26.50 21.20 19.08 95 4.5 dw/ha Greenfield Site Rural Living

Total 59.57 47.66 42.89 214 lots 4.5 dw/ ha NB: At the time of detailed planning estimated net developable area, estimated dwelling yield and estimated density may vary. The above table should not be read as limiting development. Part A Part B

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3.7 Infill Development The Township Housing Strategy identifies g. Stock Route Strategic Redevelopment Site – opportunities for infill development within established Currently zoned for mixed use purposes. The residential areas of Mansfield to provide additional and Township Housing Strategy encourages a mix diverse housing options, where there is good access to of uses, including visitor accommodation, in this shops and services. location to activate and attract people to the Railway Station Precinct, similar to Site F. This could be in the form of medium density housing h. Maroondah Highway Strategic Redevelopment such as townhouses and units or low scale apartment Site - Commercially zoned land located along buildings, as well as shop top housing. These housing the southern side of Maroondah Highway, types will provide greater housing choices for the opposite Mullum Wetlands. This site provides community and will be increasingly sought after as the opportunity for tourism and /or short household sizes get smaller and the population ages. term accommodation uses that complement Strategic Redevelopment Sites Mansfield’s role as a gateway to the alpine region and reinforce the prominence of this site. There are a number of large, underutilised, vacant High quality built form would also reinforce the landholdings and strategic sites within the established importance of this site. area of Mansfield which may be suitable for future i. Mount Buller Road Strategic Redevelopment residential development and diversification. These Site – Mixed use land located on the periphery of sites will play an important role in the delivery of the town, along the key approach to Mount Buller. diverse housing outcomes, take advantage of existing These sites provide the opportunity for tourism services and amenities and provide opportunities to and /or short term accommodation uses that integrate these sites with surrounding land uses. complement Mansfield’s role as a gateway to the alpine region and reinforce the prominence of this Strategic Redevelopment Sites are identified on Figure site. High quality built form would reinforce the 2 and include: importance of this site and provide a book end to f. Stock Route Strategic Redevelopment Site - the township. Industrial uses located within close proximity to Strategic redevelopment sites allow for the delivery the town centre. Currently the existing industrial of mixed use housing outcomes (i.e. accommodation, uses provide limited activation of the Railway shop top housing, medium density housing and Station, Visitor Information Centre and Mullum retirement living), utilise existing infrastructure and Wetland interfaces. It also presents potential will activate underutilised sites and the surrounding conflicts for adjoining residential zones to the area. Given the flexibility of these sites, indicative north and east. The Railway Station Precinct is yields have not been provided. proposed to be a central hub for hospitality, tourism, arts/culture. The Township Housing Strategy encourages a mix of uses, including visitor accommodation, in this location to activate and attract people to the Railway Station Precinct. Potential contamination issues should be considered as part of investigations for the site.

Example of shop top housing / mixed use development 196 28 Incremental Infill

Areas for incremental infill are identified on the Figure Table 7 Indicative Yields - Incremental Infill 2 as ‘Infill Development Opportunity’. The boundary for this area has been defined by accessibility mapping undertaken as part of the Background Report and EXISTING GROSS ESTIMATED ESTIMATED represents those lots that are considered to be well LAND USE AREA (HA) % OF DWELLING located in terms of services and facilities. ZONING HOUSING YIELD Combined DEMAND The following table provides an estimate of yields area of Assume 400 based on possible infill development opportunities. lots over square metre It order to determine these yields the following was 800sq.m lot average (allowing assumed: for a shared ■■ Infill development opportunities would most driveway of roughly 50sq.m likely be focused within the 'Infill Development per lot) Opportunity’ boundary where there was good access to services and facilities. General 66.82 10% 167 Residential ■■ An average lot size of 350 sq.m based on recent Zone development in Mansfield. 66.82 10% 167 ■■ Lots over 800sq.m were seen as more likely to NB: At the time of detailed planning estimated dwelling yield may redevelop given the potential to subdivide into vary. The above table should not be read as limiting development. lots of around 400sq.m (allowing approximately 50sq.m per lot for a shared driveway). An important consideration for future infill Based on the above, analysis was undertaken to development and medium density housing will be to identify all residentially zoned lots, over 800sq.m ensure this type of development provides a high level within the 'Infill Development Opportunity' boundary. of amenity for residents, with high quality buildings This provided a gross area for potential future infill designed in a way that reflects the country town development. Even if only 10% of this infill potential setting of Mansfield and landscape outcomes (Refer to was realised, this would provide 167 dwellings. This is Direction 3). approximately 42% of the projected housing demand for Mansfield. Part A Part B

Examples of medium density / infill development 197 Thursday 12 October 2017 29 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

3.8 Ensure Sufficient Residentially Zoned Land The Mansfield Township Housing Strategy identifies It should be noted that these figures are estimates a significant amount of land for future residential only and based on the residential areas identified in development. Table 8 provides a summary of the the Township Housing Strategy. Detailed planning in estimated housing supply for planned / committed these areas will further refine the extent of residential greenfield development and infill development. development. State Planning Policy supports a 15 year residential supply, and this should be monitored Adopting the population forecast of approximately regularly to ensure this remains. 4098 by 2031, provides for the take up of 27 dwellings per year. Assuming a housing demand split as A review of the existing employment areas below, the planned / committed greenfield supply (commercial and industrial zoned land) should (853 dwellings) and the infill development supply also be undertaken to ensure residential growth (167 dwellings) could provide for approximately 38 is complimented by opportunities for jobs and years supply. The unplanned greenfield sites (1492 employment. Although, it is understood that the dwellings) could provides another 55 years supply attraction of new residents would also contribute to a approximately, while the investigation residential level of organic business and employment growth. supply (214 dwellings) could provide an additional 8 years supply. The table indicates that there is a sufficient supply of residentially zoned land already planned / committed within Mansfield, while generally unplanned and investigation areas provide opportunities for development, if higher than forecast growth occurs. The Township Housing Strategy therefore seeks to prioritise development in planned / committed residential greenfield, infill development and strategic redevelopment sites. Unplanned greenfield sites and investigation areas provide alternative options for development depending on market demand.

Table 8 Housing demand by housing sources versus supply HOUSING SOURCE ESTIMATED % OF HOUSING ESTIMATED DWELLINGS INDICATIVE YIELDS DEMAND Assuming infill development and planned / committed greenfield development yields only.

Housing Source

Greenfield Development - 60% 235 648 - 748 Conventional

Greenfield Development - Rural 20% 79 205

Infill Development - Conventional / 20% 79 167 Medium Density

100% 393 1020 - 1120

NB: At the time of detailed planning estimated dwelling yield may vary. The above table should not be read as limiting development.

198 30 3.9 Provide infrastructure and funding to support growth Open Space Infrastructure Framework

Geographically the provision of open space While the Mansfield Township Housing Strategy opportunities within Mansfield are not evenly identifies future residential growth opportunities in distributed across the town. There is a lack of open and around the existing township, there will be a need space to the south and north of the town for existing for upgrades to and additional road, transport, service and future residents i.e. homes are located more than and drainage infrastructure to support this residential 400m walking distance / 5 minutes from an open growth, but also additionally economic growth. space. A infrastructure framework will provide clear As residential development increases in Mansfield guidance around the provision and cost associated and as smaller houses emerge, the provision of open with the implementation of road, transport, service space will become increasingly important. There is and drainage infrastructure projects to assist in the the opportunity to develop an Open Space Strategy evolution and growth of the township. for Mansfield which addresses existing gaps in open As part of the future implementation of the Mansfield space provision, identifies opportunities for additional Township Housing Strategy, an infrastructure open space areas, provides greater diversity of open framework will physically identify relevant road, space areas, and encourages increased participation transport, service and drainage infrastructure required in sport and recreational activities. This information to support the planned future residential growth. can also form the background for potential future Importantly, the projects to be identified will be based Development Plan and Development Contribution on a justified position where the infrastructure will be investigations for the Mansfield township. based on the needs of the community at a particular While there are a number of Greenfield developments point in time. This approach allows projects to be already planned, large unplanned residential areas delivered in a timely and orderly manner and allows (particularly to the north of Mansfield) provide for the delivery of works and projects to support the opportunities to establish an integrated open space ongoing development and growth of the township. network, including neighbourhood parks and open This will also guide future investment into important space links along creek corridors (i.e. Fords Creek), to local infrastructure and assist Council in managing protect environmental features. Additionally future physical change to the Mansfield township over time. design and planning of fragmented residential areas to This can also form the background for potential future the south should ensure the provision of open space Development Plan and Development Contribution is carefully considered and ensure future residents in investigations for the Mansfield township. these areas are adequately provided for. Part A

Fords Creek and Botanic Park are key open space assets in Mansfield Part B

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Community Infrastructure Indicative Staging It is difficult to predict the precise staging of Population estimates indicate that the number of development in Mansfield as it is influenced by elderly people living in Mansfield will increase in the a number of factors that will change over time. future. As populations age, community infrastructure Such factors include the land owner’s ability and needs to respond accordingly to maximise community willingness to develop, changes in State Government wellbeing and mitigate the risk of social isolation and policy, changes in planned infrastructure and poor health outcomes. Additionally, as the population service provision, and the changing needs / lifestyle of Mansfield grows, there is likely to be a need to preferences of future residents. upgrade and / or provide additional community facilities. Figure 3 provides an indication of the potential development staging in Mansfield based on what A Community Infrastructure Needs Assessment is currently known. Several factors have been will identify and prioritise community services considered in identifying the staging including and facilities required for the current and future planning status, provision of nearby services and residential population of Mansfield, guide the infrastructure and the extent of fragmentation in land development, timing, design and location of ownership. community infrastructure and support the allocation of funds. The Township Housing Strategy identifies the development of a Community Infrastructure Needs Assessments, as a priority project for Mansfield. As with the Open Space Strategy and Infrastructure Framework Plan, this information can also form the background for potential Development Plan and Development Contribution investigations. Development Contributions

Development (or infrastructure) contributions are often a source of funding for many roads and facilities managed by Local Government. Currently infrastructure items associated with residential developments are funded through Section 173 Agreements with large land owners. The Township Housing Strategy encourages further investigation in regards to the implementation of a Development Contribution Plan (DCP) for future greenfield development areas to provide for the funding of infrastructure items within the township. As part of these further investigations, an Infrastructure Framework, a Community Infrastructure Needs Assessment and an Open Space Strategy should be developed for Mansfield to provide the background to establish what projects are required and determine if development contributions are an appropriate mechanism to source funding. An alternative mechanism may be to provide Section 173 Agreements to permits.

200 32

■■ Potential investigation area to ■■ Requires preparation of a ■■ Existing Development Plan rezone land from FZ to LDRZ. Development Plan. ■■ Currently being developed ■■ Will provide clear boundary to ■■ Limited no. of land owners - dependent on demand town. ■■ Close to existing town ■■ Close to existing town centre. centre. ■■ Requires flood mitigation

■■ Retirement Village ■■ Currently being developed - ■■ Well serviced dependant on demand.

■■ Existing Development Plan ■■ Currently being developed - dependent on demand

■■ Potential investigation area to rezone land from RLZ to LDRZ. ■■ Will provide transition between residential densities / areas.

■■ Existing Development Plan ■■ Currently being developed - dependent on demand

■■ Existing Development Plan ■■ Fragmented Land Ownership ■■ Requires the preparation of the following plans: −− Subdivision Layout −− Infrastructure Framework Plan −− Transport Impact Assessment ■■ Requires preparation of −− Landscape Master Plan a Development Plan. −− Development Contributions ■■ Fragmented land ■■ Abuts existing residential areas / Part A ownership. serviced areas. ■■ Abuts existing ■■ No development activity to date. residential areas /

serviced areas. Part B SCALE 1:30,000

Figure 3 Indicative Staging Plan 201 Thursday 12 October 2017 33 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

3.10 Strategies and Actions ■■ Encourage the redevelopment of underutilised General sites as identified as ‘Strategic Redevelopment Sites‘ on Figure 2 to provide for the delivery ■■ Support a range of lot sizes across future of mixed use housing outcomes (i.e. residential areas capable of accommodating a accommodation, shop top housing, medium variety of dwelling types. density housing and retirement living), to utilise existing infrastructure, as well as activating ■■ Prioritise the development of planned / vacant or underutilised sites and the wider area. committed greenfield, infill development opportunities and strategic redevelopment sites, ■■ For area identified as 'Strategic as identified in Figure 2. Redevelopment Site F', look to rezone the land to 'Mixed Use Zone' after considering the ■■ Undertake a review of the Highton Lane constraints, context and future development Development Plan to identify blockages to outcomes. its implementation and determine how the plan can be adjusted to facilitate residential ■■ Focus medium density and higher density development. housing within the area identified in Figure 2 as 'Infill Development Opportunity'. Ensure new ■■ Encourage lot consolidation throughout the housing in this area is responsive to the site and Highton Lane Development Plan area to realise local context, provides a high level of amenity residential development in this area. for existing and future residents, and provides ■■ Retain lower density housing forms around the contemporary design while reflecting elements periphery of the township boundary, where of the local character. access to services and amenities is limited. ■■ Avoid further fragmentation of residential areas, ■■ Work closely with the land owners and the in particular in areas identified as ‘Unplanned community to prepare Development Plan (s) for Greenfield Development’ (refer to Figure 2). constrained residential areas in Mansfield and ■■ Ensure sufficient (15 year supply) of residential ensure the following is considered: land is maintained. ■■ The mix, layout and location of land uses. ■■ Ensure sufficient, well serviced, and ■■ Provision of appropriate residential unconstrained land is available to support future densities. employment and industry development. ■■ The need for additional high quality, diverse and unencumbered open space areas. ■■ Develop an Open Space Strategy for Mansfield which addresses existing gaps in open space ■■ Integration with existing streets and open provision, identifies opportunities for additional space networks. open space areas, provides greater diversity of ■■ Key road networks. open space areas, and encourages increased ■■ Bushfire risks. participation in sport and recreational activities. ■■ Potential contribution obligations. ■■ Develop an Infrastructure Framework Plan to ■■ Promote opportunities for shop top housing / identify road, transport, service and drainage accommodation in the town centre including infrastructure required to support residential investigation of possible incentives to encourage growth, including estimated costs and delivery this type of housing and ways to target shop responsibilities. owners/lessees who might be interested. ■■ Develop an Community Infrastructure Needs ■■ Investigate and actively pursue opportunities Assessment to identify community infrastructure for aged care facilities, retirement and over 55 required to support residential growth, including living and co-housing within close proximity to estimated costs and delivery responsibilities. existing services and facilities. ■■ Investigate the potential to seek development ■■ Promote the consolidation of land parcels to contributions (or similar) to ensure that new facilitate renewal opportunities, including development (including infill development) that residential, accommodation, retirement living is likely to impact on the capacity of existing and aged care. infrastructure contributes to improvements and additions to physical infrastructure, including drainage and public open space. ■■ Encourage the development of a wide variety of short term / temporary accommodation ranging from high quality to more budget style accommodation offerings to suit a range of tourists and seasonal workers. 202 34 Site Specific

■■ For residential areas identified as ‘Unplanned ■■ For the area identified as 'Greenfield Greenfield Development Site A’ (refer to Investigation Area D' (refer to Figure 2), Figure 2), the following should be considered consider the rezoning of this area from rural through a Development Plan process: living to low density residential, consistent with ■■ An appropriate subdivision and built form the directions of the Mansfield Structure Plan. treatment to the northern interface i.e. ■■ For the area identified as 'Greenfield adjacent to potential future industrial uses Investigation Area E' (refer to Figure 2), the to the north and the ultimate heavy vehicle following should be considered through future bypass along Dead Horse Lane.) planning and design: ■■ Access arrangements onto Dead Horse Lane. ■■ An appropriate subdivision and built form ■■ Retention of existing significant trees. treatment to provide transition between ■■ Creek and drainage corridor widths and existing and future residential areas. treatments. ■■ An appropriate subdivision and built form treatment to the northern interface i.e. ■■ For residential areas identified as ‘Unplanned adjacent to potential future industrial uses Greenfield Development Site B1 and B2’ (refer to the north and the ultimate heavy vehicle to Figure 2), the following should be considered bypass along Dead Horse Lane.) through a Development Plan process: ■■ Creek and drainage corridor widths and ■■ Access arrangements onto Malcolm and treatments. Highett Streets. ■■ Landscape, vegetation, biodiversity values ■■ Staging and delivery (given the fragmented and ecological issues, particularly along land ownership). drainage corridors. ■■ For residential areas identified as ‘Unplanned ■■ Access arrangements onto Dead Horse Lane. Greenfield Development Site C' (refer to ■■ The Sewerage Treatment Plant Buffer. Figure 2), the following should be considered through a Development Plan process: ■■ Access arrangements onto Highett Street and Monkey Gully Road. ■■ Staging and delivery (given the fragmented land ownership). Part A Part B

203 Thursday 12 October 2017 35 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

4. Direction 2 - Address Social and Affordable Housing Needs

4.1 What we heard (community 4.2 Context feedback) Social housing is made up of two types of housing, ■■ A key issue facing housing in Mansfield was public housing and community housing and is for considered to be a shortage of rental, temporary people on low incomes who need housing, especially and short term accommodation and crisis those who have recently experienced homelessness, accommodation. family violence or who have other special needs. Social housing is short and long term rental housing that is ■■ Affordability was also identified as a key issue. owned and run by the government or not for profit Opportunities to encourage the provision of agencies. affordable housing included incentives for development applications that provide affordable ‘Affordable housing’ requires that no more than 30% of housing, utilisation of Council owned development gross income is spent on rent. The moderate projected sites such as the sale yards and consideration of population growth for Mansfield could put further alternative homes such as granny flats etc. strain on the private rental market with significant affordability problems and could create a greater need ■■ Mansfield Holiday Park currently caters for a for affordable and social housing. growing number of low income retirees and crisis and emergency accommodation services in low cost 4.3 Housing Affordability units. Affordable Housing is defined by the Department of Health and Human Services (DHHS) as housing that meets the needs of low to moderate income households unable to access suitable housing in the private market without assistance. With housing affordability in Mansfield significantly decreasing (between the years 2004-2014) this suggests a need for more affordable housing options for existing and future residents. This housing could be delivered in many forms but is likely to take the form of smaller housing typologies such as units and townhouses which are well located in terms of services and infrastructure.

204 36

4.4 Rentals The percentage of rental housing that is considered ‘affordable’ in Mansfield has significantly decreased 4.6 Strategies and Actions over time. Mansfield also has higher median weekly ■■ Encourage development of a crisis rental rates when compared with Regional Victoria accommodation centre within Mansfield. overall. This indicates a need for more affordable rental properties, either in the form of community ■■ Recommend preparation of a further study housing or a shift in the typical housing typology to (social planning) to determine location of encourage smaller housing types which may provide social housing in Mansfield and suitability/ more affordable housing options. The ‘Housing demand for additional housing. Affordability and Homelessness in the Hume Region ■■ Consult with housing providers and – Victoria’ report prepared by La Trobe University, community organisations to determine level of 2016, identified the lack of 1 bedroom rental dwellings need now and into the future. overall in the Hume region as a significant barrier in ■ Prepare a housing diversity policy for accessing affordable private rental housing. ■ Mansfield which includes the provision of 4.5 Crisis Accommodation social and affordable housing options. Based on anecdotal commentary through consultation for the Housing Strategy, there were suggestions from the community organisations that there was a need for crisis/emergency accommodation. Nonetheless there is a demonstrated need for more housing including crisis/emergency and short term accommodation suitable for single person households within the Hume region as a whole. Part A Part B

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5. Direction 3 - Respect Heritage and Character and Promote Quality Design Outcomes

5.1 What we heard (community 5.2 Respond to Mansfield's feedback) Landscape Setting ■■ Valued characteristics of existing residential areas in The character of Mansfield is largely influenced by its Mansfield include the contemporary and rammed natural and rural setting. Creek corridors including earth buildings which add interest to the streetscape, Fords Creek and its tributaries, not only provide a the colonial style buildings and history, landscaped distinct framework for the town, but also provide gardens within allotments and the low rise nature of important habitat and recreational links. Additionally the existing township. the surrounding hills to the south, east and north and provide a sense of containment within the natural ■■ Participants identified the need to encourage high landscape and a visual backdrop for the town. Botanic quality, flexible and creative architectural outcomes. Park and Mullum Wetlands are key recreational and ■■ While participants generally acknowledged that environmental assets for the community and are Mansfield would grow in the future, it was noted recognised as positive aspects of Mansfield. Areas that this should be balanced with creating a sense of of agricultural land located on the lower lying areas community. provide visual contrast to foothills and in key locations, are an important contributor to the scenic quality of ■■ Generally it was considered that there was a the township setting. need to ensure good design of smaller / medium density housing products. Opportunities identified Retaining and strengthening the sense of connection included street tree and public realm improvements, to the landscape and rural setting will help define consideration of parking requirement, clustering of and distinguish residential neighbourhoods within homes around open space, being located close to Mansfield. This will be achieved by ensuring future services, avoiding gun barrel driveways, setbacks and residential development responds to and retains visual permeable surfaces that allow for landscaping and and physical connections to key landscape features. the retention of privacy within adjacent properties. Fords Creek will form part of a broader integrated ■■ Opportunities to enhance residential open space network across the town, connecting neighbourhoods included the provision of wider residents to schools, services and amenities, parks streets that allow space for footpaths and street tree and environmental features. Additionally the sense planting, linear trails, open space areas that provide of Mansfield being retained within its landscape places for the community to gather and socialise setting will be maintained through reinforcement of and consideration of interfaces including addressing the township boundary identified on the Residential Fords Creek, and maintaining separation between Framework Plan. The townhsip boundary was commercial and industrial uses. established as part of the Mansfield Structure Plan and aims to protect existing environmental assets and ■■ The Ultimate Truck Route Bypass proposed along agricultural areas from development. Dead Horse Lane was considered to have amenity implications for future residential uses along its path. ■■ Future controls relating to housing should make the process of seeking approvals for residential development easier and more efficient.

Detached housing allows for views to surrounding landscape 206 38

5.4 Encourage Quality Design 5.3 Respect Mansfield's Heritage Outcomes Mansfield contains a large number of heritage places Residential buildings across Mansfield are varied in that make a positive contribution to the character of their architectural styles reflecting the incremental the township. Generally these places are located in growth of the town over a period of time. These and around the intersection of Highett Street and High include, but are not limited to, the Italian-style of Street. That being said, there are only a few places Highton Manor, federation homes, 1950's commision that are formally acknowledged and protected by a homes, 1980's dwellings, period reproduction styles Heritage Overlay or similar. and contemporary homes. A Heritage Survey has been undertaken by Council to The varied style of housing presents an opportunity identify places within the township that are of heritage for new buildings to define a new identity for significance. This survey has informed Amendment Mansfield, one that responds to the local environment C39 which aims to introduce a Heritage Overlay and context (i.e. the alpine region), whilst promoting over identified heritage places to protect them from excellence in architectural quality. Additionally, it demolition and to require any redevelopment of these was noted during community consultation that high sites to have regard for their heritage significance, quality, flexible and creative architectural outcomes both from an individual heritage perspective and should be encouraged. also from a township character perspective. The The Township Housing Strategy encourages the future amendment is with the Minister of Planning for development of residential buildings that respond to approval. the site and surroundings and provide quality design The Township Housing Strategy encourages future outcomes distinctive to the muncipality. residential development to respect and not adversely impact existing and future places of heritage significance.

Alzburg Comfort Resort (Convent of Mercy and Sacred Heart College), 39 Malcolm Street Part A Part B

Magnolia (Carinya, Amor’s Home), 190 Mt Buller Road Example of older and more recent housing developments 207 Thursday 12 October 2017 39 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

5.5 Create Inviting and Attractive Residential Areas The existing residential areas of Mansfield are valued Medium density development was raised as a key for their spacious character which is facilitated by low issue during community consultation. The strategies scale, detached built form that allow for views to the and actions in the Township Housing Strategy surrounding hills, generous setbacks that provide identify parameters to ensure future medium density space for landscaping and wide streets with street housing provides a high level of amenity for residents, trees. As Mansfield grows it will be important to with high quality buildings designed in a way that ensure these valued characteristics of Mansfield are reflects the character of Mansfield. This includes the maintained, protected and enhanced. preparation of a Neighbourhood Character Review Much of the established residential areas of Mansfield and Design Guidelines to encourage high quality are dominated by a grid pattern of development. The residential built form and landscape outcomes. streets are also wide, providing space for footpaths Within Mansfield, there are a number of sensitive and significant tree planting. More recent greenfield residential interfaces that require careful consideration developments, particulary to the north of the town and treatment. These are identified on Figure 2 centre, are characterised by the curvilinear street as 'Sensitive Interfaces' and include the interface patterns and cul-de-sacs. Streets are also typically between residential areas and industrial and / or open narrower, limiting opportunities for street tree space areas, township approaches and the ultimate planting in these areas and providing a more urban heavy vehicle bypass. residential character. Side and rear fences which form the interface between Additionally, battleaxe lots have emerged as part of residential uses and open space areas detract from recent subdivisions, requiring additional driveway the open space experience. The Township Housing crossovers and fragmenting the streetscape and Strategy encourages residential uses to address open limiting opportunities for future development in these space areas to create an active and engaging edge to locations. these spaces, while allowing for passive surveillance. The Township Housing Strategy encourages the Industrial interfaces will also need to be managed to delivery of future residential development patterns ensure that landscaping and built form provides an and street widths that are in keeping with the attractive interface to residential uses and amenity established residental and rural character of Mansfield. imapcts are managed. The Ultimate Heavy Vehicle Where possible, battle axe lots should be avoided to Bypass is proposed along Withers Lane and Dead minimise the impact of driveway crossovers on the Horse Lane and adjacent to both recent and future streetscape and allow for street tree planting. residential areas. Where this occurs, treatments will need to be provided to ensure the amenity of adjacent residential uses is not compromised.

Wide streets and tree planting within the established residential areas of Mansfield 208 40

5.6 Strategies and Actions General Site Specific

■■ Provide residential layouts that respond to the ■■ For residential areas identified as ‘Planned / landscape character of the area by preserving Committed Greenfield Development Sites’ landscape and topographical features within the (refer to Figure 2), the following should be site. considered through future planning and design: ■■ Use waterways, heritage and natural ■■ Deliver streetscapes that reflect the existing elements to define and distinguish residential character of Mansfield and provide space for neighbourhoods. These should be integrated street tree planting and pedestrian access. into a broader open space network across ■■ Ensure the siting of buildings and the design Mansfield. of residential lots, provides adequate space for landscaping and planting. ■■ Connect roads, open space networks from existing and planned and committed residential ■■ Ensure the form, colours, materials and areas into future residential areas to provide for finishes of future built form is compatible continuous networks across Mansfield. with the existing and local character of Mansfield. ■■ Maintain and reinforce the township boundary ■■ Ensure the design of buildings, fencing and (as shown on the Residential Framework Plan) to open space areas reflect the local character protect the landscape and agricultural setting of of Mansfield. Mansfield. ■■ Protect and retain heritage sites from the impacts of future development, including places identified by Amendment C39. ■■ Continue to undertake heritage assessments for individual places and/or precincts within established areas. ■■ Encourage new residential development that is of a high standard of design and construction, responds to the site and surroundings, is fit for purpose and built to last, is easy to access and use, provides a high level of amenity, responds to the street and adjoining spaces and to Ecologically Sustainable Design principles. ■■ Prepare a Neighbourhood Character Review and Design Guidelines to encourage sustainable and high quality residential built form and landscape outcomes in Mansfield. ■■ Develop design guidelines for industrial areas to improve the interface between residential and other sensitive uses. ■■ Continue to implement a program of street planting to progressively enhance neighbourhood character, and continue to improve the attractiveness and functionality of the public realm within Mansfield. Part A Part B

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■■ For residential areas identified as ‘Unplanned ■■ For residential areas identified as ‘Infill Greenfield Development Sites’, and 'Strategic Development Opportunity’ (refer to Figure Redevelopment Sites' and ‘Greenfield 2), the following should be considered through Investigation Areas’ (pending outcomes of future planning and design: respective investigations (refer to Figure 2), the ■■ Provide opportunities for the planting of following should be considered through future shade trees and screening plants, on site, planning and design: that enhances the setting of the building ■■ Design the road network of future within the streetscape. residential subdivisions to ensure that ■■ Reinforce the open and detached character development will front onto township of established residential areas through approaches and open space areas. the provision of generous front and side ■■ Deliver streetscapes that reflect the existing setbacks. character of Mansfield and provide space for ■■ Retain significant vegetation that street tree planting and pedestrian access. contributes to the existing streetscape ■■ Align residential streets and open spaces to character. capture views to landscape features. ■■ Ensure the form, colours, materials and ■■ Provide variation in local residential finishes of future built form is compatible streetscapes to create distinctive with the existing and local character of neighbourhood identities Mansfield. ■■ Provide perimeter roads as a fire buffer ■■ Ensure future access points into between pastoral landscapes and creek development sites are minimised to avoid frontages. the removal of significant vegetation within ■■ Where possible, battle axe lots should be the streetscape. avoided. ■■ Provide opportunities for daylight access ■■ Retain significant vegetation (includes and natural ventilation to dwellings. exotic, native and indigenous) within road ■■ Provide a reasonable level of privacy to reserves or public open space. building occupants while encouraging ■■ Ensure the siting of buildings and the design passive surveillance of streets. of residential lots, provides adequate space ■■ Ensure future residential development for landscaping and planting. provides an engaging and active interface to ■■ Ensure the form, colours, materials and township approaches and open space areas. finishes of future built form is compatible ■■ Provide adequate areas of Private Open with the existing and local character of Space to dwelling occupants and ensure that Mansfield. private open space is usable and functional. ■■ Locate entrance and exits to residential ■■ Ensure circulation areas, garages, car ports developments in safe and logical locations and car parking does not adversely impact and to avoid the removal of significant the existing streetscape character. vegetation within the streetscape. ■■ Ensure future residential development ■■ Ensure future residential development provides sufficient resident and visitor car provides an engaging and active interface to parking. township approaches and open space areas. ■■ Minimise the impact of adjacent industrial ■■ Minimise the impact of adjacent industrial area, where appropriate. areas, where appropriate. ■■ Respond to and respect existing heritage ■■ Ensure the design of buildings, fencing and places. open space areas reflect the local character of Mansfield. ■■ Encourage building designs that are energy efficient and sustainable.

210 42 6. Direction 4 - Respond to climate change and environmental considerations

6.1 What we heard (community 6.2 Protect and enhance biodiveristy feedback) values ■■ The existing natural environment makes Mansfields' Vegetation is an important visual and environmental landscape unique. There is a need to balance this feature of Mansfield. Established trees and vegetation with the competing need for residential development. contribute to the leafy character of Mansfield, while supporting wildlife (food and shelter), enhancing ■■ Participants identified the opportunity to encourage water sensitive design outcomes, reducing more sustainable housing outcomes within Mansfield greenhouse emissions and increasing personal i.e. energy efficiency, solar access etc. It was noted comfort through tree shading. that sustainable housing did not necessarily need to cost more and that some benefits could be provided As residential development increases in Mansfield, for through careful site consideration such as careful consideration will be required to ensure orientation. remnant vegetation is retained and appropriately integrated into overall site planning. Future residential ■■ Other opportunities relating to sustainability development should ensure the siting of buildings and included increasing housing around the town centre, design of public spaces (including streetscapes and where existing services and infrastructure was reserves) provides adequate space for landscaping provided and supporting residential development and planting to enhance biodiversity, shading and the which provided sustainable outcomes i.e. Eco character of these residential areas. This includes infill Villages. / medium density developments where the removal ■■ While there was little consensus on an approach of existing trees and limited opportunities for tree to tree retention, it was noted that public safety planting have been identified by the community as an should be considered if trees are retained and that issue. there might not be a one size fits all solution to tree The Township Housing Strategy recommends that retention. detailed assessments are undertaken to further define the ecological values and identify the presence / likelihood of significant species and ecological communities occurring within the township. Preservation of and enhancement of the natural and environmental character of Mansfield needs to be carefully balanced in the context of the risks that extensive vegetation cover and slope poses from a bushfire perspective and public saftey concerns associated with the retention of remnant trees, particulary River Red Gums. Part A Part B

River Red Gum retained as part of residential development 211 Thursday 12 October 2017 43 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

6.4 Encourage Ecologically 6.3 Adapt to Climate Change Sustainable Design Climate change is identified as a challenge for the Ecologically Sustainable Design requires the region in the Hume Regional Growth Plan and is consideration of better design and building practices predicted to result in environmental and landscape such as the incorporation of water sensitive urban changes including increased temperatures, increased design, minimisation, re-use and recycling of building risk of drought and flooding, vegetation change and materials, improved waste management, and the increased fire and erosion potential across the region. energy efficient design of buildings and subdivisions. The Mansfield Climate Change Risk Assessment Report For residential subdivisions, design considerations (February 2009) and the Mansfield Climate Change such as road layout and lot design that minimises Adaptation Report (June 2009) outline specific climate cut and fill, disturbance to natural drainage and change risks for Mansfield and recommendations to maximising solar access to future dwellings, manage these risks. Additionally the Mansfield Council minimising the proportion of impervious surfaces, website provides information on the greenhouse incorporation of water sensitive urban design and effect and climate change for the local community providing space for trees and vegetation within including simple and practical steps that can be residential lots and streetscapes can greatly reduce implemented at home and workplaces to help reduce environmental impacts. Additionally the location the production of greenhouse gases. of future residential developments can reduce the pressure to deliver additional infrastructure and It will be important that future residential can encourage sustainable transport modes such as development and housing consider and respond walking and cycling. to climate change risks in particular stormwater management and bush fire. One way to manage risks Buildings that incorporate Ecologically Sustainable is through planning scheme controls. Overlays relating Design (ESD) principles bring many benefits. to risks that currently apply to Mansfield include Considerations such as a building’s orientation, the Land Subject to Inundation, Flooding, Bush fire external shading, re-use of water or the materials used Management and Environmental Audit Overlays. can make a lasting difference to the environment and These overlays, including their extents and associated provide for improved health and comfort for building planning controls should be regularly reviewed occupants. Buildings constructed to best practice to ensure they accurately reflect the risks facing ESD standards can assist in reducing building running Mansfield. costs and the cost of the building over its life. Existing homes can also be upgraded to improve the quality, Other adaption strategies include developing comfort and energy efficiency of these buildings. residential design guidelines that incorporate ecologically sustainable principles (Refer to Section The Township Housing Strategy encourages and 6.4), ensuring that existing infrastructure is utilised supports the development of residential subdivisions where possible, protecting and enhancing vegetation and buildings that incorporate Ecologically systems, increasing awareness of tree planting as an Sustainable Development (ESD) principles. There important heat management and erosion control are a range of measures that can be considered to device and increasing awareness of ways individual encourage better designed subdivisions and homes, households can help reduce the impacts of climate from requiring design excellence (through design change. guidelines for residential development or similar), and providing information regarding sustainable design principles. There is also an ongoing opportunity for Council to continue to raise awareness of the long term benefits (i.e. economic, environmental and social) of ESD and provide incentives to encourage builders and developers to go ‘beyond compliance’.

Risks of flooding should be mitigated 212 44

6.5 Strategies and Actions ■■ Review measures to more effectively retain ■■ Encourage residents and developers to significant remnant trees, native vegetation, reduce, re-use and recycle household and high points, watercourses and drainage lines construction materials. as part of future residential development. ■■ Promote the retrofitting of existing dwellings ■■ Ensure regular review of planning scheme to encourage residents to make their homes provisions relating to environmental risks more sustainable and adaptable for different and climate change to ensure they accurately life stages. reflect the risks for Mansfield. ■■ Encourage building designs that are energy ■■ Ensure the siting of buildings and the design efficient, adaptable and sustainable i.e. make of residential lots, provides adequate space for appropriate use of daylight, solar access, landscaping and planting. shading and prevailing breezes, and minimise energy use for heating in winter and cooling in ■■ Enhance opportunities for biodiversity summer. through landscape treatments within residential streetscapes. ■■ Provide information to community members, applicants and the local building industry ■■ Encourage site consolidation where about sustainable housing design and appropriate to facilitate better design construction. solutions, maintain existing canopy trees and achieve high design standards. ■■ Investigate the opportunity to develop incentive programs that aim to reduce ■■ Locate future residents in close proximity household energy and water use and to existing infrastructure, social services, encourage developers to incorporate retail facilities, recreational and employment sustainable design features and green building opportunities, as identified on the Residential practices. Framework Plan. ■■ Provide additional training and support to ■■ Minimise the environmental impact on enhance the skills of planning staff on design, waterways within the catchment through the accessibility and ESD issues in order to assist introduction of measures for water sensitive applicants. urban design. ■■ Develop design guidelines for residential ■■ Ensure planting, landscaping and vegetation development within Mansfield to encourage along creek lines and within open space areas, sustainable and high quality residential built considers CFA emergency vehicle access form and landscape outcomes. recommendations and does not increase bush fire risks for adjacent residents. ■■ Stage development to limit gaps between development areas to ensure that the risk of fire can be managed. Part A Part B

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7. Implementation

This chapter aims to provide a plan for the implementation of actions contained in the Township Housing Strategy, an overview of who will be involved in the implementation and timing for delivery. 7.2 Statutory Implementation / 7.1 Implementation Process Recommendations The Township Housing Strategy will be issued to Key components of the Mansfield Township Housing Council for formal adoption. Strategy must be implemented into the Mansfield Planning Scheme. This is to ensure that decisions A Township Housing Strategy, once adopted, can by both Council and VCAT are guided by the key become a seriously entertained document giving it principles and elements of the strategy, and that these weight in planning decision making. elements are well known and understood by the An adopted Township Housing Strategy is a key community, landowners and service authorities. strategic document used to provide certainty to This section discusses the options available to Council residents, businesses and government agencies and the recommended approach. regarding future residential development in an area. A planning scheme amendment will be prepared to Adoption implement relevant parts of the Township Housing The first important step in the planning Strategy into the Mansfield Planning Scheme. implementation of the Township Housing Strategy Additional consultation will occur as part of the is the adoption of the final report by Council and planning scheme amendment process. implementation into the Planning Scheme. Mansfield Shire Council currently plays an active role Implementation into the Mansfield Planning Scheme is in advocating to state and federal governments and best achieved by incorporating the Township Housing other stakeholders, to help guide and contribute Strategy as a Reference document at Clause 21.03. funding to projects across the shire. The Township Housing Strategy contains a number of strategies and Zoning actions which will require ongoing advocacy to ensure the best outcomes are achieved in Mansfield. The Township Housing Strategy suggests a number of land use changes that should be implemented in the Mansfield Planning Scheme through rezonings. Figure 4 and Table 9 show generally a number of proposed rezonings as recommended through the Township Housing Strategy. The rezoning of 'Site D' is considered by the Township Housing Strategy as a medium term option (5-10 years), reinforcing the actions outlined in Mansfield Structure Plan. This rezoning should be initiated by the Proponent. The rezoning of 'Site E' is considered as a long term residential growth option (10-15 years), given the supply of existing residentially zoned land available and the need for further investigations. This rezoning should be initiated by the Proponent. The rezoning of 'Site F' is considered a short term option (0-5 years). The Township Housing Strategy provides strategic support for this area to be rezoned from Industrial 1 Zone to Mixed Use Zone to activate and attract people to the Railway Station Precinct. This rezoning should be initiated by Council. Future rezonings should proceed through a normal planning scheme amendment process, allowing for community and authority input. Each process should address any site specific issues as flagged by this Township Housing Strategy.

214 46

■■ Potential to rezone 'Industrial 1 Zone' to 'Mixed Use Zone.'

■■ Potential investigation area to rezone land from 'Rural Living Zone' to ' Low Desnity Residential Zone.

■■ Potential investigation area to rezone land from 'Farming Zone' to 'Low Density Residential Zone'. Part A Part B

SCALE 1:30,000

Figure 4 Potential Rezonings 215 Thursday 12 October 2017 47 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

Overlays

The Township Housing Strategy suggests preparing Alternatively, it could be beneficial to apply a town- Development Plans for constrained residential areas in wide Development Plan Overlay to ensure a more Mansfield to provide detail around road and transport holistic strategic analysis of infrastructure, services networks, the location and dimensions of open space, and facilities across the town. If this is the preferred community infrastructures, the retention / protection option, this could form the basis of any Development of key environmental and heritage features and the Contribution Plan which could be applied through a provision of service and drainage infrastructure and separate overlay. ensure the development is appropriately staged to allow for construction. It should also investigate and if appropriate, apportion the costings for the development of key infrastructure items to the individual land holdings. Given the fragmented land ownership, Council should work closely with land owners to prepare Development Plans for identified areas, allowing for community and authority input. Each should address any site specific issues as flagged by this Township Housing Strategy.

Table 9 Potential Rezonings / Overlays

REF. ZONES – ZONES - OVERLAYS - OVERLAYS – PROPONENT NOTES NUMBER EXISTING POTENTIAL EXISTING POTENTIAL LED OR ADDITIONAL COUNCIL LED

Potential Overlays (NB: Development Plan Overlays could be done as part of an overall Development Plan Overlay for the entire study area, rather than for individual parcels as noted).

A General Residential Development Development Council Requires preparation of a Zone 1, Urban Plan Overlay, Plan Overlay Development Plan. Floodway Zone Flood Overlay, (amended) Land Subject to Inundation

B1 General Residential Environmental Development Council Requires preparation of a Zone 1 Significance Plan Overlay Development Plan. Overlay

B2 Low Density Environmental Development Council Requires preparation of a Residential Zone Significance Plan Overlay Development Plan. Overlay

C General Residential n/a Development Council Requires preparation of a Zone 1 Plan Overlay Development Plan.

Potential Rezonings

D Rural Living Zone Low Density Proponent Reinforces directions in Residential the Mansfield Structure Zone Plan.

E Farming Zone Low Density Proponent Requires additional Residential investigations to ensure Zone proposed zoning is appropriate.

F Industrial 1 Zone Mixed Use Zone Council Requires development of a preferred future vision for the site in consultation with the community. Note existing use rights allow for current industrial operations to continue.

216 48

■■ Potential for 'Development Plan Overlay'.

REF. ZONES – ZONES - OVERLAYS - OVERLAYS – PROPONENT NOTES NUMBER EXISTING POTENTIAL EXISTING POTENTIAL LED OR ADDITIONAL COUNCIL LED

Potential Overlays (NB: Development Plan Overlays could be done as part of an overall Development Plan Overlay for the entire study area, rather than for individual parcels as noted).

A General Residential Development Development Council Requires preparation of a Zone 1, Urban Plan Overlay, Plan Overlay Development Plan. Floodway Zone Flood Overlay, (amended) Land Subject to Inundation

B1 General Residential Environmental Development Council Requires preparation of a Zone 1 Significance Plan Overlay Development Plan. Overlay

B2 Low Density Environmental Development Council Requires preparation of a Residential Zone Significance Plan Overlay Development Plan. Overlay

C General Residential n/a Development Council Requires preparation of a Zone 1 Plan Overlay Development Plan.

Potential Rezonings

D Rural Living Zone Low Density Proponent Reinforces directions in ■■ Potential for 'Development Residential the Mansfield Structure Plan Overlay'. Zone Plan.

E Farming Zone Low Density Proponent Requires additional Residential investigations to ensure Zone proposed zoning is appropriate.

F Industrial 1 Zone Mixed Use Zone Council Requires development of a preferred future vision for the site in consultation

with the community. Part A Note existing use rights allow for current industrial operations to continue. Part B

SCALE 1:30,000

Figure 5 Potential Overlays 217 Thursday 12 October 2017 49 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

7.3 Advocacy 7.4 Priority Projects and Staging Implementation of the Township Housing Strategy The Township Housing Strategy identifies a significant will require collaboration and support from a number number of strategies and actions that will guide the of stakeholders. While Council will generally lead and transformation of the residential areas of the township. manage the implementation process, some input and Tables 10 identifies 11 priority projects that are critical management may be required from others including to the success of the Township Housing Strategy. It State Government agencies, the private sector and includes an overview of the projects, key outcomes the community. These stakeholders may be referral to be achieved, responsibility, priority and advocacy agencies, own relevant sites or manage related opportunities. infrastructure, or could potentially fund aspects of the projects. Please refer to Sections 3 - 6 for all other strategies and actions to be implemented as part of the Township Council is active in advocating to State and Federal government and other stakeholders for improvements Housing Strategy. across the shire, and ensuring adequate infrastructure is provided to cater for future population growth.

Table 10 Priority Projects

REF. KEY OUTCOMES TO BE LEAD KEY PROJECT OVERVIEW PRIORITY NO ACHIEVED RESPONSIBILITY STAKEHOLDERS

1 Adoption of Implementation of ■■ Council endorsement of ■■ Council ■■ Minister for High (0 - 5 the Mansfield the final Mansfield the Township Housing Planning years) Township Township Housing Strategy. and State Housing Strategy Strategy by ■■ Provide planning scheme Government Council. changes that align with ■■ Community the Vision, Directions, ■■ Infrastructure Strategies and Actions of authorities the Township Housing and service Strategy. providers

2 Community Preparation of ■■ Identify relevant local ■■ Council ■■ Community High (0 - 5 Infrastructure a Community community infrastructure service years) Needs Infrastructure required to support providers Assessment Needs Assessment planned future growth as ■■ Community for Mansfield outlined in the Township ■■ Local municipality. Housing Strategy. clubs and ■■ Provide clear guidance community around the provision, groups responsibility and cost associated with the implementation of community infrastructure projects. ■■ Investigate the potential to seek development contributions or similar for identified projects.

3 Infrastructure Preparation of ■■ Identify relevant local road ■■ Council ■■ Landowners High (0 - 5 Framework Plan an Infrastructure and utility infrastructure within study years) Framework Plan required to support area for the Mansfield planned future growth as ■■ Infrastructure township. outlined in the Township authorities Housing Strategy. and service ■■ Provide clear guidance providers around the provision, responsibility and cost associated with the implementation of infrastructure projects. ■■ Investigate the potential to seek development contributions or similar for identified projects. 218 50 Table 10 Priority Projects continued...

REF. KEY OUTCOMES TO BE LEAD KEY PROJECT OVERVIEW PRIORITY NO ACHIEVED RESPONSIBILITY STAKEHOLDERS

4 Open Space Prepare an Open ■■ Address existing gaps in ■■ Council ■■ Local sporting High (0 - 5 Strategy for Space Strategy for open space provision. clubs and years) Mansfield Mansfield. ■■ Identify opportunities for community additional open space groups areas. ■■ Community ■■ Provide greater diversity of ■■ Regional open space areas. Development ■■ Encourages increased Victoria participation in sport and ■■ Sport and recreational activities. Recreation ■■ Investigate the potential Victoria to seek development contributions or similar for identified projects.

5 Social Housing Undertake a social ■■ Identify the quality and ■■ Council ■■ Community High (0 - 5 Study planning study quantity of existing social groups years) to determine housing in Mansfield. ■■ Community the location of ■■ Determine the future ■■ Department social housing demand / suitability of of Health in Mansfield social housing in Mansfield. and Human and suitability ■■ Provide strategies in Services / demand for response to findings. additional housing. ■■ Prepare a Housing Diversity Policy which includes provision for a range of accommodation options.

6 Development Work closely ■■ A Development Plan (s) ■■ Council ■■ Landowners High (0 - 5 Plan Overlay (s) with land owners that provides guidance for within years) to prepare a the staged development of Development Development Plan residentially zoned land. Plan area. (s) for Mansfield, ■■ Provide planning scheme ■■ Community in particular changes that align with the ■■ Infrastructure for Unplanned Development Plan (s). authorities Greenfield Sites. and service providers

7 Neighbourhood Undertake a ■■ Identify residential ■■ Council ■■ Landowners High (0 - 5 Character Review Neighbourhood character precincts and key ■■ Community years) and Design Character Review characteristics. ■■ Infrastructure Guidelines for Mansfield, ■■ Develop residential design authorities including the guidelines to encourage and service preparation of sustainable and high providers design guidelines. quality residential built form landscape outcomes in Mansfield. ■■ Implement the design guidelines i.e. planning scheme changes or similar.

8 Employment Prepare an ■■ Review existing ■■ Council ■■ Employers Medium (5 Strategy Employment commercial and industrial ■■ Landowners - 10 years) Strategy for land supply. within Mansfield. ■■ Determine future demand Mansfield

and industry sectors in ■■ Community Part A response to demographic ■■ Infrastructure data and projections. authorities ■■ Provide strategies and and service actions to ensure sufficient providers Part B land is available to compliment residential growth.

219 Thursday 12 October 2017 51 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

Table 10 Priority Projects continued...

REF. KEY OUTCOMES TO BE LEAD KEY PROJECT OVERVIEW PRIORITY NO ACHIEVED RESPONSIBILITY STAKEHOLDERS

9 Sustainable Council to ■■ Reduction in household ■■ Council ■■ Builders and Low (10 - design incentives investigate energy and water uses. developers 15 years) incentive ■■ Housing that incorporates ■■ Community programs to sustainable design features ■■ Local State encourage and green building and Federal sustainable design practices. Members of features and green Parliament building practices.

10 Industrial Develop design ■■ Design guidelines for ■■ Council ■■ Landowners Low (10 - Guidelines guidelines for industrial areas to improve ■■ Community 15 years) industrial areas the interface between ■■ Infrastructure within Mansfield. residential and other authorities sensitive uses. and service providers

11 Develop Strategic Actively ■■ Redevelopment of ■■ Council ■■ Landowners Low (10 - Redevelopment advocate for the Strategic Redevelopment within study 15 years) Sites development Sites so that they positively area of Strategic contribute to the town ■■ Community Redevelopment centre and streetscape ■■ Local State Sites as identified experience. and Federal in this Township Members of Housing Strategy. Parliament ■■ Regional Development Victoria

220 52 0317-0174 02 R003-1 Housing Strategy_PRELIMINARY Rev 5

7.5 Monitoring and review As part of the implementation process, Mansfield Shire Council will monitor and review the implementation of the Mansfield Township Housing Strategy on a regular basis. These reviews will identify and analyse: ■■ The actions and projects that have been undertaken or are underway. ■■ The success of key actions or projects. ■■ The consistency of all projects with the vision for Mansfield within the Mansfield Township Housing Strategy. ■■ Any blockages which may prevent successful implementation. This process will allow Council to measure the success of the program and to allocate future resources. The implementation program can be adjusted as necessary to ensure the vision is being achieved. Part A Part B

221 53 Thursday 12 October 2017 53 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.3 COMMUNITY SERVICES

10.3.1 Leasing of Council Land at 141 Lakins Road, Mansfield

File Number: E1784 Responsible Officer: Community Services Manager, Melanie Hotton

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in relation to this matter.

Introduction

Council currently owns a 16.9ha parcel of freehold industrial zoned land at Lakins Road, Mansfield.

This parcel of land is part of a larger allotment that also houses the Council’s Works Depot, Pound and a small area of land leased to SP Ausnet.

A Cultural Heritage Management Plan (CHMP) has recently been undertaken.

Council intends to subdivide the 16.9ha from the larger allotment to formally separate the subject land from the Council Depot.

Once completed the land will be offered for sale as per the Council’s Sale of Council Land and Buildings Policy.

The process to subdivide the allotment and offer land for sale can take several months to achieve.

In the interim Council will offer the land for lease as per Section 190 of the Local Government Act 1989.

Background

At the Ordinary Meeting of Council 17 October 2017 Councillors resolved to advertise the intention to lease 141 Lakins Road for the purpose of grazing for a minimum 12 months. A public notice was placed in the Mansfield Courier within Mansfield Matters seeking Expressions of Interest from potential lessees, with the candidates requested to provide a formal application inclusive of a property maintenance schedule and financial commitment as outlined in the table below.

Statutory Requirements

Although not a statutory requirement, Council’s Property Leasing and Licensing Policy procedure outlines that all Council owned or managed land will be offered as an Expression of Interest to the broader community to ensure that all proposals may be considered.

222222. Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.3.1 Leasing of Council Land at 141 Lakins Road, Mansfield cont.

Council Plan

Agreement to lease Council owned and managed property will be in keeping with the commitments in the 2017-2021 Council Plan:

We are a small municipality in terms of population. Decisions by other levels of government to cut recurrent grants and place a cap on rate revenue are starting to take a significant toll on our financial sustainability. Informed and decisive action is required by Council during the life of this Plan to secure Mansfield Shire’s long term financial viability.

Council is dedicated to achieving the highest standards of good governance, with a focus on informed, equitable and transparent decision making. Accountability for our actions is important to us and we will report on our decisions and performance through a variety of means. We will be true to our values and create a Council and organisational culture based on inclusiveness, impartiality and integrity.

Financial

Council will obtain for the purposes of livestock agistment, a valuation of rent for the current lettable area.

All revenue received from the establishment of this lease agreement will be treated as general revenue in the year it is received and will be considered as part of Council’s annual budget.

Social

Council leases should deliver direct and indirect benefits to the community. This can be achieved either by:

1. promotion of health and wellbeing, supporting service provision, cultural or recreational opportunities, or economic benefits; or

2. full market rent so that the funds can be used to support council activities; or

3. a combination of points 1 and 2.

Consultation

Notice of Intention to Lease will be placed in Mansfield Matters as a public notice for at least four weeks before the Lease is made.

Officer’s Comments

Three Expressions of Interest were received for consideration by Councillors to make a decision on the lessee:

223. 223 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.3.1 Leasing of Council Land at 141 Lakins Road, Mansfield cont.

NAME OF PROPOSED INTENDED INTERESTED PROPOSED MANAGEMENT OF LAND LEASE USE PARTY AMOUNT 1. Installation of solar panel electric fence to be installed and maintained at own cost; 2. Application of lime to entire acreage during period of annual lease; 3. Provision of weed free hay as required in own hay Grazing feeders; Mr Brian $3,250.00 cattle and 4. Weed management inclusive of blackberries near Mahoney Per annum sheep Fords Creek and any Pattersons Curse to be sprayed with standard recommended chemicals twice annually; and 5. Fire prevention would be monitored throughout declared fire danger period as per the MSC Municipal Fire Management Plan (MFMP). 1. Currently leases adjoining block; 2. Prepared to inspect boundary fence with Council rep and maintain fence to current standard; Mr Daniel Grazing 3. Fire prevention undertaken by grazing of stock; $1,252.50 Craddock cattle 4. No supplementary feed to be supplied; and Per annum 5. Feels a 12 month term is too short to embark on a fertilizer or weed management program but happy to discuss. 1. Will check cattle daily inclusive of water, pasture and fences; 2. Happy to fix any fences that could be damaged; 3. Will monitor pastures for weeds and act as required Mr Ryan Grazing and prepared to seek professional advice if needed; $500.00 Davies Cattle 4. May occasionally feed cattle to keep them nice and Per annum quiet; and 5. Has a water unit handy for fire prevention and prepared to maintain boundary fence grass on both sides to reduce fire hazards.

Councillors Westendorp/Olver:

That Council lease 141 Lakins Road, Mansfield, to Mr Brian Mahoney for a minimum term of one (1) year for the amount of $3,250.00 per annum with the option to extend the lease on an annual basis by mutual agreement. Carried

224. 224 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.4 EXECUTIVE SERVICES

10.4.1 Mansfield Shire Council Administration of Grant Income Policy 2017

File Number: E533 Responsible Officer: Finance Manager, Mandy Kynnersley

Disclosure of Conflicts of Interest

The author of this report has no conflict of interest in this matter.

Introduction

The Administration of Grant Income Policy is presented to Council for adoption.

Background

The Grant Management internal audit undertaken in 2015 made several recommendations for the improvement of grant management processes. Officers have prepared a draft policy that incorporates each of those recommendations, and provides a framework for the administration of grant income.

The policy has a number of intended purposes, including to:

· Facilitate more effective management of projects between Council departments · Ensure funding sought and received is consistent with Council Plan objectives · Facilitate forward planning of funded projects, and links with budget and the long term financial plan · Provide a broad oversight of grant funding to EMT via the Active Grants Register · Provide guidance to staff on documentation and reporting requirements · Provide a formal framework for staff to track project milestones and adherence to the requirements of funding agreements. · Provide clarity around the roles and responsibilities of individual departments and staff

The framework covers the entire grant income process from end to end:

· Identification: projects and available funding · Assessment: grant authorisation and approval · Administration: finance and records · Project management: project delivery · Reporting: monitoring and acquittal

225. 225 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.4.1 Mansfield Shire Council Administration of Grant Income Policy 2017 cont.

Statutory Requirements

There are no statutory requirements in relation to this matter.

Council Plan

The Administration of Grant Income policy supports delivery of the Financial Sustainability and Responsible Governance themes in the 2017-21 Council Plan.

Financial

There are no direct financial implications in relation to the policy.

The policy is not expected to require significant additional administration time by staff, but rather to formalise and ensure grant management is performed in a uniform way across the organisation.

The requirements of the policy will be resourced within existing roles and organisational constraints. Much of the processes required by the policy are already happening, albeit informally and in a variety of different ways.

Social

There is no direct social impacts of this policy.

Environmental

There is no direct environmental impact of this policy.

Economic

There is no direct economic impact of this policy.

226. 226 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.4.1 Mansfield Shire Council Administration of Grant Income Policy 2017 cont.

Risk Management

An Internal Audit was conducted by RSD Chartered Accountants in April 2015. The resulting Grant Management Internal Audit Report contained 12 recommendations.

Risk Rating Number of recommendations High 1 Medium 7 Low 4

The High Risk finding was that: “There are no policies or procedures in place. Council should develop guidelines that address all aspects of the grant identification, application and management process to enhance risk management and consistency objectives.”

Officers have developed a policy that addresses this, and 10 of the other 11 recommendations, providing a formal grant management framework that will be applied consistently across the organisation.

Community Engagement

There has been no community engagement required in relation to this matter.

The Audit and Risk Advisory Committee reviewed the draft on 20 November 2017 and resolved to recommend to Council the adoption of the policy, subject to minor amendments that have now been made.

Officer’s Comments

Each of the recommendations in the Grant Management Internal Audit Report (2015) have been addressed in the creation of this policy, with the exception of the requirement to create and maintain a register of all available grants and funding sources.

The resources required to maintain such a register are not currently available to Council. Officers believe it is sufficient to expect that once a project has been designed and a business case prepared for submission to Council, the responsible officer will then seek appropriate funding. This also has the desired effect of critically shifting the focus from “what funding is available?” and designing projects to fit, to a more strategic approach beginning with “what projects are required?” and seeking funding to match.

Once the policy is adopted by Council, staff will be trained on the application of the policy for immediate implementation.

The creation of this policy has highlighted the need for a complimentary Auspicing Policy which will be created subsequently.

227. 227 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

10.4.1 Mansfield Shire Council Administration of Grant Income Policy 2017 cont.

Councillors Sladdin/Westendorp:

That Council adopt the Mansfield Shire Council Administration of Grant Income Policy 2017. Carried

228. 228 Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

ATTACHMENT 10.4.1

MANSFIELD SHIRE COUNCIL ADMINISTRATION OF GRANT INCOME POLICY 2017

(11 PAGES)

229. 229

Council Policy

DRAFT Administration of Grant Income 2017

Department: New Policy drafted: September 2017 Origin: Finance Effective From: XXX Initiated by: Finance Manager Review Date: XXX Version: 1 Draft finalised by: Trim Reference: E698 Finance Manager Governance Use Only

• Draft to EMT for comment on: 09 October 2017 • Staff consultation required: No • Staff consultation comments/feedback to be received by NA • Reviewed by Audit & Risk Advisory Committee: Yes - 20 November 17 • For endorsement by Council: 16 January 2017

PURPOSE/OBJECTIVES

The purpose of this Policy is to ensure effective management of grant funding received from Federal and State government and other external organisations

SCOPE

This policy applies to all Mansfield Shire Council employees and Councillors.

This policy applies to all grant funding applications:

• where Council is the sole applicant in an external funding application; • where Council is one of any number of partners in an external funding application; • where Council auspices an external grant on behalf of another organisation; • where an application is being made for renewal of a currently held grant; • where a funding provider approves a grant application with variations to the original proposal.

DEFINITIONS

Auspice In the context of grant applications, an auspice organisation (auspicor) is one that actually receives and manages the grant money on behalf of the applicant (auspicee), often a non- incorporated organisation or individual.

CEO Chief Executive Officer

Conditional grant any grant funding received on the condition that the assistance is used for a specified purpose.

EMT Executive Management Team

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

Funding agreement a legally enforceable agreement setting out the terms and conditions governing funding determined by the grant-giving organisation. The form of the agreement will depend on the intent of the grant and the degree of control required.

The forms of enforceable funding agreements include: • Deed; • Contract; and/or • Other written exchange (ie letter, email).

Grant funding any assistance by way of a sum of money or other resource provided to Council by State, Federal or non-government agencies.

LTFP Long Term Financial Plan – a 10 year financial forecast document prepared by the Finance Department

Responsible officer Council officer responsible for managing the project to which the grant funding applies

SRP Strategic Resource Plan - a 4 year financial forecast approved by Council annually and submitted to the Minister for Local Government

POLICY STATEMENT

The key aim of this policy and its procedures is to provide a framework and process for the identification, assessment, administration and reporting of grant funding received by Council.

Council relies on grant funding as an important source of income to enable the introduction or continuation of services and facilities which might otherwise be outside of the immediate financial capacity of the Council.

There are several types of grants generally available to Council:

• Conditional: Grant funds that are to be used for specific programs or purposes; • Unrestricted: Grant funds that may be used for any purpose; • Refundable: Grants funds that must be returned if the terms of the grant are not met; • Non-Refundable: Grant funds that are retained regardless of the outcome of the intended project.

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

POLICY PRINCIPLES

The Grant Management Framework seeks to address the following areas:

• appropriate internal controls and authorisation mechanisms • efficient administration and operation of grant programs • efficient financial management of grants • affordability of matching contributions required by Council • consistency with Council Plan and Strategic Resource Plan priorities • the ability to meet various specialised reporting requirements • completion of auditing requirements for grants.

RESPONSIBILITIES

All Mansfield Shire Council employees and Councillors are responsible for adhering to and implementing this policy.

Adherence to this policy will be overseen by the Finance Manager, with any associated procedures implemented by the Finance Manager and the responsible officer.

Management and employees are to be familiar with, and competent in, the application of this policy, and are accountable for the delivery of that policy within their areas of responsibility.

The Finance Department is the owner of this policy. Any reviews of this policy must be made in consultation with the Finance Manager.

REFERENCES

Internal Audit Report: Grant Management (RSD Chartered Accountants, April 2015) Mansfield Shire Council Policy: Records and Information Management Mansfield Shire Council Policy: Auspice Arrangements Mansfield Shire Council Policy: Project Management

IMPLEMENTATION

This policy is effective from 1 January 2018 once endorsed by Council.

REVIEW DATE

This Policy is to be reviewed on a biennial basis. The next review is due by 31 December 2019.

Council reserves the right to review, vary or revoke this policy at any time.

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

AUTHORISATION TO IMPLEMENT POLICY

Signed: ______Witnessed: ______

Councillor Chief Executive Officer

Dated: XXX

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

PROCEDURES

GRANT MANAGEMENT FRAMEWORK

The framework within which Council will manage grant funding applications is outlined below. It includes the following key areas:

• Identification: projects and available funding • Assessment: grant authorisation and approval • Administration: finance and records • Project management: project delivery • Reporting: monitoring and acquittal

Identification: projects and available funding

Identification of projects

Projects requiring funding should be identified and incorporated into the LTFP well in advance where possible. To this end, Council should have a “library” of project business cases prepared and ready to go if appropriate funding becomes available.

Where there is a reasonable expectation of successful grant applications, such projects should be incorporated into the adopted SRP and Annual Budget. If funding is not obtained, the budgeted project will not be undertaken, but may be parked back in the “library” for future funding possibilities.

It is recognised that, at times, funding announcements will drive the creation of a project that has not been budgeted for. This is most common for operational expenditure, rather than capital.

Recurrent grants shall be reviewed annually to assess their relevance and any implications to Council, prior to adoption of the Annual Budget.

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

Identification of funding

Council officers will actively seek funding opportunities for projects that are consistent with the objectives identified in the Council Plan and other strategic planning documents of Council.

Most government grants are made known to officers through their everyday networks.

For these reasons Council Officers will not maintain a register of available grants.

Assessment: grant authorisation and approval

Grant funding applications for operational amounts over $50,000 or capital amounts over $200,000, that are not included in the Annual Budget or SRP, require Council resolution.

Council report recommendations should include a business case justifying the need for the funding and detailing the full life cost impact of the project.

The business case must consider:

• Relevance of the project to the Council Plan and/or other documented strategies of Council. • Council contribution to the implementation of the project (ie matching funding if required) • Third party contributions (grant funding, community funding, in-kind support etc) • If borrowings are required, the cost of borrowing over the life of the loan • If cash reserves are required, the cashflow impacts of spending the reserves • Potential for future income generation • Ongoing operational costs (ie repairs, maintenance, utilities, human resources) • Terms and conditions of the grant • Inherent and support costs of funded services, including contingency arrangements if the grant was suspended or cancelled • Likely outcome of the project or service and impact on Council’s financial position in the event of application failure.

Applications for operational amounts of $50,000 or less or capital amounts of $200,000 or less, that are not included in the Annual Budget or SRP must be approved by the CEO. A report to the CEO should include a business case justifying the need for the funding and detailing the full life cost impact of the project.

It is recognised that at times there is a short lead time for submission of grant applications that may not allow sufficient time for Council authorisations. In such circumstances, the CEO will authorise the application.

Applications for amounts that relate to projects approved in the Annual Budget or SRP must be approved by the relevant department manager.

If the funding application is successful, a full report must be provided to Council for resolution before the funding agreement is signed.

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

Where a third party entity is involved in the project funding application, any contribution arrangements (financial or in-kind) or auspice agreements must be formally documented prior to accepting grant funding. A formal agreement signed by both parties ensures the commitment of the third party and assists in mitigating financial risk to Council. Agreements should require cash contributions by third parties to be received in full prior to commencement of the project (exceptions to be approved by the CEO).

In-kind contributions should be explicitly described in the agreement (ie number of hours of labour, delivery of a specific part of the project etc) so they can be accurately measured.

A checklist for information that should be included in an auspice agreement is included in Council’s Auspice Arrangements policy.

If an application for a budgeted grant is unsuccessful, the financial impact will be recorded in the next quarterly finance report, at which time Council will re-assess the project or service to determine the treatment of any budgeted matching funding.

Administration: finance and records

Council has a duty to administer the use of grant funding in an efficient, effective, transparent and accountable manner to ensure that:

• The community receives the maximum benefit from grant funding; • The requirements of the grantor are satisfactorily met as outlined in the funding agreement; • Council achieves the agreed outcomes identified in its Council Plan and SRP; and • Council’s opportunities for subsequent grant funding are not compromised.

Finance and Accounting

Council shall maintain detailed financial records of grant income due and received, and for the associated expenses of every conditional grant. Where appropriate, a separate Job Code will be created in the Synergy general ledger for each conditional grant project. To request a new Job Code, staff must complete a request form and submit it to the Senior Accountant for processing.

To initiate receipt of funds from the grantor and/or other contributing agencies and organisations an invoice request form must be completed by the responsible officer and forwarded to the Revenue Unit.

The Revenue team will create an invoice in the debtors system (Synergy), giving due consideration to the treatment of GST (as outlined in the funding agreement). The invoice will provide details for the grantor to make payment via BPAY.

It is recognised that many grant providers will request Council’s bank account details to allow a direct electronic funds transfer to deposit the funds granted. Where this is the only available method for funds transfer required by the grantor, the Finance team will provide the details. In this case, an invoice request form must still be completed to allow the Revenue team to record and match the receipt of funds in Synergy when they appear on the bank statement.

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

Records Management

Records will be maintained in accordance with Council’s Records and Information Management policy.

For each grant awarded to Council, the following information (as a minimum) must be recorded and retained in an electronic file in TRIM. • Project business case approved by Council or CEO • Approved grant application • Signed grant agreement • Signed co-contribution or auspice agreement (if applicable) • Grant summary form (see template at appendix 1) • Grant milestone checklist (see template at appendix 2) • Submitted grant acquittal/s.

A new TRIM folder should be created for each new grant, under the “Grants and Subsidies – To Council” classification.

Active Grants Register

Council staff shall maintain an Active Grants Register in the OMNI system which will record for each grant: • Project Scope and expected outcomes of the grant • Officer and department responsible for the overall management of the grant (responsible officer) • All terms and conditions of the grant including overheads to be allocated (if any) • Key milestones & deliverables, due dates and assigned officers (these will then have progress reports made against them until completion of each milestone and deliverable is recorded by the responsible officer). • Reporting requirements (including audit if required) • Outcomes assessment report as a key deliverable (see Reporting: monitoring and acquittal)

The owner of the Active Grants Register is the Governance Co-ordinator. For each new grant awarded, the responsible officer should complete the Grant Summary Form (see appendix 2) and forward it to the Governance Officer for entry into OMNI.

Project management: project delivery

Funded projects will be delivered in accordance with the funding agreement and Council’s Project Management policy.

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

Reporting: monitoring and acquittal

Monitoring

The Active Grants Register shall be monitored regularly to ensure that entries accurately reflect all grant applications, application outcomes, funding arrangements and any other relevant conditions, and that claims are made promptly in accordance with funding agreements, Annual Budget and this Policy.

The Governance Co-Ordinator will report the contents of the Active Grants Register to Management and the Audit and Risk Advisory Committee on a quarterly basis.

Regular (quarterly) reporting to EMT will include:

Reporting item Responsible officer Active Grants Register (incl status of Governance Co-ordinator milestones) New successful external grant applications Relevant department manager Any change in scope or timeframe for Relevant department manager existing funded projects

Completion and acquittal

Many grants require formal acquittal reports on completion of the project. Acquittal requirements can vary from grant to grant and must be completed in the format required by the grantor, by the responsible officer. All financial data included in an acquittal report must be reviewed by the Finance Department (Senior Accountant or Finance Manager) for accuracy, prior to submission.

Acquittal reports that require independent audit must be submitted to a qualified auditor in accordance with the requirements of the grantor. The Finance Department can assist in procuring audit services.

For all completed projects, a report should be prepared assessing the outcomes of the project against the expected outcomes. This report should be placed on file in TRIM.

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

APPENDIX 1

GRANT SUMMARY FORM

Identification Project Title Responsible Officer [name/role] TRIM file # Project scope [project scope] Expected outcomes [expected outcomes] Grant provider Other parties

TRIM Assessment Approved by Date ref Budgeted project Unbudgeted $50k op / $200k cap Unbudgeted over $50kop / $200kcap

Auspice agreement Co-funding / 3rd party agreement

Funding agreement

Administration [conditional / unrestricted / refundable / Type of Grant non-refundable] Conditions (if any) Milestones / deliverables attached [Y/N]

Reporting Independent audit required? [Y/N] Acquittal report required? [Y/N] Outcomes assessment report completed [Y/N]

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POLICIES AND PROCEDURES: DRAFT EXTERNAL GRANTS ADMINISTRATION POLICY: FOR ENDORSEMENT BY COUNCIL

APPENDIX 2

GRANT MILESTONE CHECKLIST

Project Title Responsible Officer [name/role] TRIM file #

GRANT MILESTONES DATE DUE REPORT MILESTONE INVOICE SUBMITTED TRIM PAYMENT DATE ref Commencement Stage 1 - [name stage] Stage 2 - [name stage] Stage 3 - [name stage] Stage 4 - [name stage] Stage 5 - [name stage] Completion Acquittal Completed Outcomes assessment report (REQUIRED)

Extensions Extension Required: [Y/N] Extension Date Submitted Extension Date approved by funding body Project Completion date

Page 11 of 11 240

Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

11. ASSEMBLIES OF COUNCILLORS

Under section 76AA of the Local Government Act 1989 an Assembly of Councillors (however titled) is defined as a planned or scheduled meeting, comprising at least three Councillors and one member of Council staff, that consider matters that are intended or likely to be:

· The subject of a decision of the Council; or · Subject to the exercise of a function; duty or power of a Council that has been delegated to a person or committee [s.76AA].

An assembly of Councillors does not include a meeting of the Council, a special committee of the Council, or any club, association, peak body, political party of other organisation.

A written record of each assembly is held by Council and is available for public inspection.

The following is a list for the past month of assemblies held and the issues discussed.

Date Type of Assembly Issues Discussed 19 December 2017 Councillors’ Briefing Session Conflicts of Interest: Cr. Volkering declared an Interest in the Councillors: discussion around Reardon Lane and left the · Cr Paul Volkering Chamber at 4.19 pm returning at 4.21 pm · Cr Harry Westendorp · Cr Marg Attley Issues Discussed: · Cr Peter Olver · Urban Unsealed Roads · Grant Management Policy Apologies: · Youth Strategy · Cr Paul Sladdin · VicRoads Community · VicRoads Community Development Fund · Staffing matters · Officers: LG Act Review · · Chief Executive Officer, Alex Green Merrijig land clearing · · Engineering Manager, Neil Ogilvie Tolmie and Ancona Tower launch by Cathy McGowan · Community Services Manager, Melanie Hotton · Supported playgroup funding · HR Manager, Sharon Scott · Solar Farms · Finance Manager, Mandy Kynnersley · Historical Society Toilet Door · Community Development Co-Ordinator, Kirsten · Lingard Lease of old Maternal and Child Health Centre · Community Development Officer, · Regulations on roofing in Barwite Road · Keira McDonagh · Risk Officer presentation · Youth Development Co-Ordinator – Sue Binzer · Jones School Bus Stop cnr. Melba and Old Tolmie Roads. · Reardon’s Lane HACC Funding · Maintenance of Jamieson Island · Benalla Road Bridge · Martins Garage Subaru · Flood Update

19 December 2017 Councillors’ Christmas Break Up Conflicts of Interest:

Councillors: Nil · Cr Paul Volkering · Cr Harry Westendorp Issues Discussed: · Cr Marg Attley · Cr Peter Olver Nil.

Officers: · Chief Executive Officer, Alex Green

241241. Mansfield Shire Council – Ordinary Meeting of Council: 16 January 2018

11. ASSEMBLIES OF COUNCILLORS CONT.

Date Type of Assembly Issues Discussed 20 December 2017 Councillor Discussion Conflicts of Interest: NIL Councillors: · Cr Paul Volkering Issues Discussed: · Cr Harry Westendorp · Cultural Awareness and respect in the · Cr Marg Attley workplace

Officers: · Chief Executive Officer, Alex Green

Councillors Attley/Olver:

That the Council note the Assemblies of Councillors as provided. Carried

12. ADVISORY AND SPECIAL COMMITTEE REPORTS

Nil.

13. AUTHORISATION OF SEALING OF DOCUMENTS

Nil.

14. PUBLIC QUESTION TIME

There were no questions from the Gallery.

16. CLOSE OF MEETING

There being no further business the meeting concluded at 7.17pm.

CONFIRMED this twentieth day of February 2018.

______Mayor

242. 242