Planning and Environment Act 1987

BASS COAST SHIRE COUNCIL PLANNING SCHEME

AMENDMENT C93

EXPLANATORY REPORT

Who is the planning authority?

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

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

Land affected by the amendment.

The amendment generally applies to all land within 5 km of the Westernport and coastlines in the Bass Coast Shire.

In particular, it applies to the land in and around the following settlements within Bass Coast Shire:

 Bass   Corinella  Pioneer Bay/ The Gurdies  Coronet bay  Tenby Point  Grantville   Harmers Haven  Jam Jerrup

What the amendment does.

The amendment proposes to:

 Amend Clause 21.10 (Local Areas) to implement the recommendations of the Bass Coast Strategic Coastal Planning Framework 2008 by introducing planning objectives and implementation strategies for:

 Bass  Kilcunda  Corinella  Pioneer Bay/ The  Coronet bay Gurdies  Grantville  Tenby Point  Harmers Haven  Cape Paterson  Jam Jerrup  Amend Clause 21.12 by including the Bass Coast Strategic Coastal Planning Framework as a reference document.

 Rezone land east of Jam Jerrup from Farming Zone (FZ) to Residential 1 Zone (R1Z) as indicated in the Jam Jerrup Structure Plan in the Bass Coast Strategic Coastal Planning Framework.

 Rezone a number of land parcels in Grantville as indicated in the Grantville Structure Plan in the Bass Coast Strategic Coastal Planning Framework, including:

 Rezone land fronting from Farming Zone (FZ) to Residential 1 Zone (R1Z);

 Rezone existing Low Density Residential Zone (LDRZ) land east of Doherty Road to Residential 1 Zone (R1Z);

 Rezone land at 55 Grantville Glen-Alvie Road, Grantville from Farming Zone (FZ) to Residential 1 Zone (R1Z).

 Rezone land in Coronet Bay from Farming Zone (FZ) to Low Density Residential Zone (LDRZ) as indicated in the Coronet Bay Structure Plan in the Bass Coast Strategic Coastal Planning Framework.

 Rezone land in Bass from Rural Living Zone (RLZ) to Low Density Residential Zone (LDRZ) as indicated in the Bass Structure Plan in the Bass Coast Strategic Coastal Planning Framework.

 Rezone a number of land parcels in Kilcunda as indicated in the Kilcunda Structure Plan in the Bass Coast Strategic Coastal Planning Framework, including:

 Rezone (4) parcels of land from Farming Zone (FZ) to Rural Living Zone (RLZ);

 Rezone (13) parcels of land from Township Zone (TZ) to Rural Living Zone (RLZ);

 Rezone land within Kilcunda town centre from Farming Zone (FZ) to Township Zone (TZ); and

 Rezone land adjoining Township Zone (TZ) to Residential 1 Zone (R1Z).

 Amend Design and Development Overlay – Schedule 1  Apply a Design and Development Overlay - Schedule 1 to the future growth area in Jam Jerrup

 Amend Design and Development Overlay – Schedule 16

 Apply a Development Plan Overlay – Schedule 16 to the land at 55 Grantville - Glen Alvie Road, Grantville

 Amend Development Plan Overlay - Schedule 3

 Apply Development Plan Overlay - Schedule 3 to land at the corner of Bass Highway and Grantville - Glen Alvie Road, Grantville

Strategic assessment of the amendment

 Why is the amendment required?

An amendment is required to implement the recommendations of the Bass Coast Strategic Coastal Planning Framework 2008. These recommendations include implementing:

 Settlement boundaries  Design and Development Overlay Schedules  Development Plan Schedules  Rezoning of land

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The amendment is necessary in order to make changes to the Municipal Strategic Statement, to insert statements that incorporate the strategic objectives of the Bass Coast Strategic Coastal Planning Framework into Clause 21.10 (Local Areas) of the Bass Coast Planning Scheme.

The strategic basis of Amendment C93 is as follows: - . It seeks to manage growth in a sustainable manner . It seeks to ensure an adequate supply of land for residential use is available as required by the State Planning Policy Framework . It seeks to assist in accommodating population growth as required by the Municipal Strategic Statement; and . It applies settlement boundaries that reflect the recommendations of the Victorian Coastal Council – Coastal spaces Recommendations 2006.

How does the amendment implement the objectives of planning in ? (S.4 of the Planning and Environment Act 1987) The objectives of planning in Victoria are: a) to provide for the fair, orderly, economic and sustainable use and development of land b) to provide for the protection of natural and man made resources and the maintenance of ecological processes and genetic diversity c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria d) to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value e) to protect public utilities and other assets and enable the orderly provision and coordination of public utilities and other facilities for the benefit of the community f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e). g) to balance the present and future interests of all Victorians.

The amendment is consistent with the objectives of the Planning and Environment Act 1987 in that it will allow for the fair, orderly, economic, sustainable development and use of land within the Bass Coast Shire

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

The amendment will protect natural resources and ecological processes by managing urban growth in Coastal areas.

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

Environmental

There will be no adverse environmental impact generated by the incorporation of the strategic objectives of the Bass Coast Strategic Coastal Planning Framework into the Bass Coast Planning Scheme

The proposed amendment will provide a number of planning mechanisms that will assist in the management of development along the coast.

The amendment will incorporate settlement boundaries for coastal townships. This will contain linear coastal development, taking pressure off coastal environments, and preserving important foreshore habitats. In addition, the amendment provides for a 200 metre buffer from the coastline to urban development on all greenfield sites within urban settlements. This will minimise the impact on the foreshore environments adjacent to settlements.

Social & Economic

The amendment seeks to manage social issues by providing opportunities for urban growth adjacent to existing service centres. This will reduce dependence on motor vehicles and provide increased activity within town activity areas. A range of residential zones is used within the urban growth boundaries to provide opportunities for lot diversity.

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

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

How does the amendment support or implement the State Planning Policy Framework? The proposed amendment supports the strategic objectives of the following Clauses:

Clause 14 Settlement has the following objective for urban settlements: To ensure a sufficient supply of land is available for residential, commercial, industrial, recreational, institutional and other public uses. To facilitate the orderly development of urban areas. The proposed amendment is consistent with this clause. The policy says that planning authorities should plan for at least a 10 year supply of land. The town boundaries proposed support land supply for 15 years in areas that can sustain the growth due to existing infrastructure and services centres.

Clause 15 sets out the environment policy and includes the following: Clause 15.08 Coastal areas has the following objective: In coastal areas, to protect and enhance the natural ecosystems and landscapes of the coastal and marine environment, ensure sustainable use of natural coastal resources and achieve development that provides an environmental, social and economic benefit enhancing the community’s value of the coast. The amendment prevents undesirable growing together of coastal towns and protects farming and bushland between these towns by preventing development. The amendment also further seeks to protect coastal ecosystems by providing a 200 metre foreshore buffer.

Clause 15.09 Conservation of native flora and fauna has the objective: To assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals. The provision of a 200 metre foreshore buffer provides many opportunities to allow revegetation of coastal foreshore and protection of existing coastal vegetation.

Clause 15.10 Open space has the objective: To assist creation of a diverse and integrated network of public open space commensurate with the needs of urban communities and rural areas. The provision of a 200 m foreshore buffer will provide additional open space and further opportunities for recreation such as walking tracks. The proposed buffer will facilitate the connection of existing open space along the coast line. Additional opportunities for the provision of open space have been identified within the proposed urban growth boundaries.

Clause 15.11 Heritage has the objective: To assist the conservation of places that have natural, environmental, aesthetic, historic, cultural, scientific or social significance or other special value important for scientific and research purposes, as a means of understanding our past, as well as maintaining and enhancing Victoria’s image and making a contribution to the economic and cultural growth of the State. The Coastal Strategic Planning Framework seeks to protect key view corridors along the coastline especially open vistas across agricultural land to the bay or ocean. By limiting settlements to existing locations and managing linear growth, these views are protected. Proposed foreshore buffers protect the existing coastline and provide opportunities to enhance the vegetation and views from the water.

Clause 16 Housing includes at 16.01 the following objective for residential development for single dwellings: To encourage: . Subdivisions in locations with access to physical and community infrastructure and providing a range of lot sizes, a convenient and safe road network, appropriate pedestrian and cycle paths, sufficient useable public open space and low vulnerability to fire. . Opportunities for increased residential densities to help consolidate urban areas. The Coastal Planning Framework provides opportunities for growth in existing centres. This ensures that development is provided in towns that have existing physical and community infrastructure. Areas that do not have sufficient infrastructure to support growth have been nominated for minimum changes to the settlement boundaries. A range of zones have been provided for within settlement boundaries to facilitate a diverse range of lot sizes.

Clause 17 Economic development includes the following objectives: 17.05 Agriculture To ensure that the State’s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use and to enable protection of productive farmland which is of strategic significance in the local or regional context. The Coastal Strategic Planning Framework protects agricultural land by clearly defining settlement boundaries and preventing opportunities for inappropriate development on agricultural land outside these boundaries. The settlement boundaries further seek to protect agriculture by providing lower density zones as a buffer between residential uses and agricultural uses.

How does the amendment support or implement the Local Planning Policy Framework? The Municipal Strategic Statement (MSS) at Clause 21 of the Bass Coast Planning Scheme sets out the key strategies for land use and development in the Shire. The following aspects are relevant to the coastal strategic framework.

Clause 21.05 Settlement Clause 21.05 sets out the Council’s vision with respect to settlement. This includes fully serviced residential and low density residential development within defined town boundaries. Council’s settlement hierarchy for growth and the role of individual townships is set out under Clause 21.05. This Clause also lists those strategies required to meet these objectives and the ways to support and implement these strategies. Issues of relevance to this amendment include the need for the Shire to set aside adequate residential land to accommodate the expected increase in population and to provide fully serviced urban areas. The amendment generally supports the implementation of the objectives set out in 21.05 (Settlement), including;

21.05-1 (Growth of Towns)

 Objective 1 - To identify towns that are suitable for urban growth and to provide for sufficient land in these towns for growth until 2030.  Objective 2 - To ensure that residential development and related urban uses are restricted to existing or identified settlements.  Objective 3 - To encourage sustainable development, minimise impacts on the natural systems, increase natural reserves and vegetation in urban areas, and improve the quality of life for the community.  Objective 4 - To discourage urban development that encroaches or impacts on significant environmental features and in areas affected by future climate change impacts.

Clause 21.06 - Land Uses Clause 21.06 describes the Council’s vision with respect to land use and housing. It describes the strategies that encourage increased housing densities in proximity to commercial centres, community facilities, and services. Strategic directions for residential development contained under Clause 21.06-1 (Housing) include the subdivision of existing lots where local amenity and the environment are not adversely affected. The amendment generally supports the implementation of the objectives set out in 21.06 (Land Uses), including;

21.06-1 (Housing)  Objective 1 - To increase housing densities and the consolidation of urban areas in appropriate locations and restrict increased housing densities and the consolidation of urban areas in inappropriate locations.  Objective 2 - To provide a diversity of housing types and lot sizes to meet the needs of all residents and visitors to the municipality.

Clause 21.07 Environment

Clause 21.07 describes the Council’s vision with respect to the environment. The amendment supports the implementation of a number the objectives set out in 21.07 (Environment), including; 21.07-1 (Biodiversity Conservation and Habitat Protection)

 Objective 2 - To discourage development in locations, which impacts or conflicts with the quality and sensitivity of the natural environment.  Objective 3 - To minimise impacts on areas with high habitat value.

21.07-4 (Climate Change)

 Objective 3 - To discourage development in areas that may be affected by climate change.

Clause 21.08 Landscape and Built Form

Clause 21.08 describes the Council’s vision with respect to the landscape and built form. The amendment supports the implementation of a number the objectives set out in 21.08 (Landscape and Built Form) including;

21.08-1 (Landscape)  Objective 1- To ensure that development is subordinate to the natural, visual and environmental landscape character and significance.  Objective 2 - To protect locally significant views and vistas that contributes to the character of the coastal and coastal hinterland region.

Clause 21.10 Local Areas The purpose of Clause 21.10 is to provide direction for the future physical form and planning objectives for individual townships within the municipality. The amendment will introduce specific subclauses for each of the settlements included in the Bass Coast Strategic Coastal Planning Framework.

Does the amendment make proper use of the Victoria Planning Provisions? The amendment proposes to make a number of zoning changes and to introduce new Design and Development Overlay and Development Plan Overlay Schedules in order to implement the strategic recommendations of the Bass Coast Strategic Coastal Planning Framework. The amendment gives affect to policies contained within the State Planning Policy Framework and provides the tools to implement the objectives and strategies contained within the Bass Coast Planning Scheme Municipal Strategic Statement.

The amendment makes proper use of standard and local provisions from the VPP in the light of the practice note guidance.

How does the amendment address the views of any relevant agency? The amendment will be referred to all relevant agencies as part of the exhibition process. Any comments of the agencies can be addressed at that stage. Relevant agencies were provided the opportunity to express their views through consultation in preparing the amendment. The proposed amendment does not introduce any new formal or informal requirements for any referral authorities or any relevant agencies. What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The amendment will result in the assessment of more planning permit applications than would be the case if the framework didn’t support further rezoning. This could generate additional work for the responsible authority, however once the land has been subdivided, it is expected that the additional workload that the amendment will generate will be negligible. Where you may inspect this Amendment? The amendment is available for public inspection, free of charge, during office hours at the following places.

The Department of Planning and Bass Coast Shire Council Community Development website at Customer Service Centre www.dpcd.vic.gov.au/planning 76 McBride Avenue

Bass Coast Shire Council Bass Coast Shire Customer Service Centre Customer Service Centre 91-97 Thompson Avenue Shop 3 Bass Highway COWES GRANTVILLE Bass Coast Shire Council website at www.basscoast.vic.gov.au