I I I I I I I

I RURAL LAND USE IN EAST GIPPSLAND I I I" . I I I

EAST GIPPSLAND REGIONAL PLANNING COMMITTEE I FEBRUARY , 1978. I I

I 711 . 3099 456 I GIP:E I I 1· I I .I I °*" I

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I• I I I I I I I I I I MPE LIBRARY I TOWN AND COUNTRY . 1 11111111111111111111111111111111111111111111111111 .. ! PLANN f\IG srARD M0004023 3868 I LIBRARY I I I. I I

I· RURAL LAND USE. IN EAST GIPPSLAND I I . I . !I j I I :1 ·1 EAST GIPPSLAND REGIONAL PLANNING COMMITTEE .FEB RUA.RY , 1978. I. I

I~ 711,30.99 5576831· 456 Glp:E. Rura.l larld use in ,Eastt qippsland, · · · · '11 "I f. ! I. ) I I I I RURAL LAND USE SUB-COMMITTEE. I I Cr. L. Hamlyn, Shire of Avon.

I Mr. J'. Hopkins, Engineer, Shire of B~irnsdale

I Mr. M. Lee,, Department of Agriculture

Mr. D. Vernon, Rural Landholders Association I . ' I Mr . F. Garden, Soil Conservation Authority . I Mr. I. Stewart, Regional Planning Officer, Town and I Country Planning Board. I I I I III

i . I 1- I 'I I~

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I CONTENTS I INTRODUCTION PAGE 1. CURRENT SITUATION Gene.ral ·1 I As the Sub-Corrunittee Sees it. 2 Existing Planning Controls 2 I Surrunary 12

I 2. COMMUNITY ATTITUDES ·introduction 13 I Comments Received 13 3. ALTERNATIVE APPROACHES TO PLANNING FOR RURAL LAND USE I Introduction 17 ·Density Pol icy 17 I Zoning 18 Minimal or No. Subdivision Controls 20 I Locality or Area Planning 21 . Cluster Subdivision 22 I .combination of Density Pol icy and Zoning.· 23 Rural Land Use .Mapping 26 Land Holdings 28 I Zones . 29 Staging of Subdivisions 29 I Realignment of Boundaries 32 Excisions 32 I Compensation or Betterment 33 Development Rights. 36 I 4. OTHER ISSUES I Rating 37 Changing ·Rural Climate 37 Hardship 38 11 Landscape 38

'.I 5: RURAL. PLANNING GUIDELINES 40 I I

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I 6. RECOMMENDATIONS 41 I APPENDICES I A. Statement of Objectives B. Su1_1U11ary of Rural Land Use Controls Currently Admini·stered II by Municipalities in the Region. i C. List of Organisations who made comments or presented a 11I submission to the Rural Land Use Sub-Conmittee. I D.. Proposed Zones. E.. Extr~ct from the E.G.R.P.C. submission to the Rural I Rating Enquiry.

I FIGURES I 1. Municipalities in the Region . 2. Dens i_ty Policy and Zon i n9 Policy I TABLES I 1. Subdi~ision 6f Land 1972 - 1976 2. Number of Allotments Created I 3. Percentage of _Total Number of Allotments. I I I .I I I I I . c I I I . . ,...... ~-·--·~-·--.,,,,..r ...... \ ...... J ...... ·) ---~ .) . I' I ·; ~ ~ ( ~ j I /l "'> ,--. I "' / ,,.,. .J· ! I ~ 4--._.;..""'11 . . . ,,/ I I m ·--._r.... _ ./ ,· ~ --._.,.., I .,.... I ~..... i :::m < ! '- .., \ - . 0 "P'·--.J"'·\. · I · .. . m f" \..\ . . --"Y' \ (/ /-·"'-·-...... ,.... ._ ',. "'· < r- CID / '\ r .1 ', C I ./ > ".,_.- , l I ...... \..,) /- "' .... ____ ., . -1 (J ' - I . Z --~ ' ', ~., 1' ~ ;"·'\_..· / \ '"\ .,\,\ ~ > \ I· \'\"· ~ ,.... -·"' 0 \ r·C\. ir ,,~ ...... / ~ ., '\ \{\.,t f '\.i...v-...... b \'', .. y.l... \ .I \ I .. , l\,_ ) \ "-·--·--·--·--·--·--·--\ / I• . / \ ...... -4 ' ( -/ ...... ~/ -·- '\ ' ~ " \ ...... > . ·- i \. "' '\ ~ \.. \ \ GO I I I v ...... _ 0 / i '·c,..,. __ r·-,.r-·,..., . / Ii ."" ..... , ~, ·-7i I .. I . I I f I I I. / . I .I •c::: ~ I z ~ \ I c: \ I z - I ./ I ,I 0"' ..I . ', CID I . 0 I . 0 -· I (/) r c: I I -4 I .z ·~· I c - '\ )lo . I . I I "'~ I I I I - \ / I l\ / i \ / .I '\ I I ..... / ...... / '·\ / I [ I I - 1,v. / I I I INTRODUCTION

I In November 1976, the East Gippsland Regional Planning Committee established a sub committee to prepare a report on rural subdivision I in East Gippsland, and participate in a study being undertaken by the Town and Country Planning Board as part of its regional I studies pr()gramme.

The chang~s in Rural land use in the Region are ~f great concern I to the Planning Committee. At the inception of the sub-committee, a statement of goals was fonnulated and circulated to groups in the I Region seeking comment. This statement is attached as Appendix A.

I During the course of its work the committee has sought comments and data froin all municipalities in the region, relevant Government I Departments and local organisations. The committee also widely publicised the project in local newspapers seeking comments from· I interested individuals. This paper is a summary of the Sub-Committee's work and in its present I form is very much a working document.In its final form it is hoped • that it will .aid municipalities in formulating policies relating to I rural land use and provide the basis for a greater degree of uniform . approach to planning policies in ·I the region . The complexities and the number of factors involved in the rural land I use issue are such that the suh-committee deemed it advisable at this stage to prepare a document which examines the many factors and options I involved and which presents a general picture of its opinions. In view of the fundamental importance of this issue it is considered I I desirable to delay the preparation of a final reprirt until the Regional Committee and the general public have been able to study this draft I report and feed back their comments for further consideration in the final report.

I This report iS being circulated as an information document for anyone interested in rural land use and rural land use problems in East Gipps­ I larid. It is intended to serve as a source of ideas and as a basis for discussion - it is not a definitive document and is not a final state­ I ment of the Committee's views. I ------1. I I 1. CURRENT SITUATION 1.1 General I 1~1.1 Recent years have seen an increasing demand for smaller ·.rural allotments in previously entirely rural broadacres. I ·A depressed rural economy and increasing speculation in land have led to the subdivision of land into small I all6tm~nts in localised areas. Ho~ever, at present, the prime agricultural areas of the region have not been· I subdivided. It is in those areas where the genuine farmer is prepared to pay prices comparable to those I paid by the hobby farmer.

1.1.2 It is apparent that there is a general trend for rural I ·.holding sizes to become smaller when all economic indications for efficiency and minimisation of cost I are that they should be increasing in size. At present in many areas, there is a minimum subdivision size of I 40 acres. This has led to ~reqter · alienation of farming land than may be necessary. There has been a general i . acceptance by landowners of the 40 acre minimum which has resulted.in subdivision of holdings to the ~esignated ~ . I minimum · irrespective of land su·itabi l ity.

I 1.1. 3 Two types of demand for small rural allotments are ·.identified in the Region. The majority of hobby farmers II in fast Gippsland are full time residents who earn their living from other activities in nearby areas and towns I (for example, school teachers, docto~s, dentists etc.). These allotments tend to be well man~ged and well ·maintained and do not bring about many of the problems I normally attributed to hobby farming. Other hobby farms .are used for recreational purposes by absentee owners, I li~ing in other areas of the State, or region. I I I 2. I CURRENT SITUATION (contd)

I 1. 2 As the Sub-Committee sees it

I 1.2.l ·.Whilst the Sub-Committee believes that the overall effect of small lot rural subdivision has not been I of ~ignificant disbenefit to the region it has caused a number. of problems in localised areas. These problems I include: (i) the removal of pockets of land from economic agricultural production by subdivision. I (ii) The pressure for the provision of services (e.g. water, roads and electricity) which are costly ii to provide and an expense borne by the whole 11 community. (iii) Random and ad hoc approval of rural subdivision I on the basis of wh6 applies rath~r than which ,, are the most suitable areas. This leads to scattered and unplanned development and spot ,I ·demands for services. (iv) The increasing value of adjoining genuine farm­ ' land with consequent rate increases for genuine I farmers . .. (v) The lack of appropriate management of land ~esulting I in problems of maintenance and upkeep. For example; fire hazard, vermin,noxious weeds, dogs, etc. I 1.2.2 ·Many municipalities have experienced instances of the ·. above problems but the situation is not yet of significant I detriment to the region as a whole. It is critical, however, that as the problem has not yet reached major proportions I in East Gippsland adequate controls should be exercised now I to make sure that it does not do so in the future. 1.3 Existing Planning Controls I 1.3.l Many municipalities in East Gippsland have attempted to restrict or even prevent small lot rural subdivision I believing it to be generally detrimental to the area, I I 3. CURRENT SITUATION (contd).

but the imposition of particular planning controls, especially minimum subdivision sizes, have created their own problems for rural area. The specifying of a minimum subdivision size is merely a tool to· prevent the cutting up of rural holdings - it is not an optimum standard to be aimed for and it is not the minimum viable farm size. Possibly as a result of these or similar misconceptions some municipalities have exercised general tight rest~ictions on rural subdivision which have effectively prevented any small lot rur~l subdivisions being created.· These controls have prevented many would be hobby farmers from getting land in these areas as it is either not avail­ able or cannot be developed. These people (and others such as investors) thus buy land in areas where small lots already exist or can be created in the future. Therefore, if planning controls restrict or prevent a certain form of development in one area an increased pressure for that form of development may be tranferred to a neighbouring area wit~out that particular control~ .The .problem is then transferred from area to a nearby area at-an increased scale. This situation may occur adjacent to the boundary of the two. Shi res, particularly · in the instance where one shire does not have planning control and the other exercises strong subdivision control.

1.3.2 . Fu~ther problems arise along municipal boundaries where .. anomalies between minimum subdivision sizes occur. At prese~t, three adjoining Shires have different minimum rural subdivision controls of 50 hectares, 15 hectares and no minimum. These controls bear no relationship to the particular characteristics of the land and its suitability ·for rural land use which makes it difficult for the landowners in the area to appreciate the rationale for the controls and makes it difficult for owners or prospective·purchasers to develop land in the area. I CURRENT SITUATION (contd) · 4. .I It also tends to aggravate the situation referred to above where problems are transferred fr6m one area with a particular control to another area with a I differing control. A SUITallary of existing planning controls is attached as Appendix ~ .. This summary I ., highlights the variation and inconsisten~y" of rural controls within the region. This .. situation further I complicates the ·planning system in ~ast Gippsland a~d · makes it more di ffi cult for the average landowner I to understand.

· 1.3.3 ·The· Town and Country Planning Boa.rd has attempted to I regulate rural land use in a part of the region - the Gippsland Lakes Planning Scheme Area - by use of a I -development density policy. A development density ·policy does not specify any particular minimum size I into which land n:iay be subdivided - instead, it nominates a general density of development required I ·for a particular area of land and providing that density is not exceeded, land may be subdivided into allotments of any size. The density·of development chosen may be I .of any intensity appropriate to the suitability of .the area and the aims of the particular control (eg. 1 house I per 10 hectares, one house per 50 hectares, 1 house per 200 hectares etc.) The density selected for the Gippsland I Lakes area~ was ohe house per 50 hectares. ·This means 1, that a property may be subdivided and developed on the ba~is of one allotment/house··fot each 50 hectares of area. If then a person owns 200 hectare~ for example, I he may sLibdi vi de it into four a 11 otments. These allot­ ments may be of any size or various sizes ~ providing no . more than four hous~s are created on the whole 200 hectares.

1.3A A density policy has advantages over a minimum subdivision size. control in that it allows greater flexibility to the subdivider as he may create lots of any particular size or I various sizes. A range of allotment sizes related to · parti~ular demands of the time in that area can be provided. I I CURRENT SITUATION(contd) I 5.

The major disadvantage of the policy however has been that it enables groups of. smaller allotments to be created in areas which may not be desirable for that form of development (eg. in strips along roads) .. It is therefore desirable to use a density policy in conjunction with some other means of planning control in order to I avoid any of its potential disadvantages. 1.3.5 . Another factor to be considered is. that planning controls I can readily be changed·. This. has ·advantages in that it: allows for flexibility according to needs over a long term I period but it also produces disadvantages in that zones anq minimum subdi vfs ion requirements may change almost at will. bringing about long term inconsistency in land I use. Particular planning requirements when an area of :1 land is purchased will not necessarily still apply when the own~r comes to sell or develop the land in later ·years. The owner or purchaser th~s finds it difficult to . I make definite long range plans for his land. Considerable ' animosity may also be produced therefore if an area of 11 land is at some future date re-zoned so as to prevent the owner using the land for the purpose for which it was purchased. This animosity is increased when the owner I sees a nearby neighbour in a different shire which has .different controls using the 1and for the purpose prevented I by planning control in his own Shire.

I 1.3.6 .A further problem recognized by the sub-committee relates to the development potential of existing crown allotments I which, in some instances are undeveloped crown townships . .·Any existing allotment of any si,ie may be freely sold and many existing planning schemes and ordinances cannot · I ·control the development of such allotments. Many of these small lots may be in areas unsuitable for this form of I development and planning controls are needed to prevent them from being developed in their present form. Often these I areas are held in one ownership with no provision made for their consolidation into one large holding or holdings of a size appropriate to the capacity of the particular area. I CURRENT SITUATION (contd) 6. I A particular danger exists when a developer buys up an entire crown township or collection of small existing allotments and subsequently seeks to develop them. I · A similar danger arises if all or a large number of these I allotments are already in separate ownership. 1.4 Existing Subdivision Patterns

I 1~4.1 In early 1977, Municipal engineers and officers were asked to assist in a survey to determine the extent of rural I subdivision and residential development in East Gippsland.

I 1.4.2 The survey related to all pending and sealed subdivisions of less than 50 hectares and all residential development . . I in non urban areas Of the region (i~. outside townships and ex~luding strip subdivisions of farms which constitute additions to township living areas) which hav~ taken·place I over the past five years (since January.1972).

I 1.4~3 .· Responses were received from the Shire of Avon, Rosedale, ·- Maffra, Omeo, .Bairnsdale and Tambo and the Town of Bairns­ I dale. To supplement this information, data was also collected ·from the Titles Office in Melbourne in order to gain a ·1 comprehensive picture of subdivision in the Region.

1:4.4 Table 1 shows the number of allotments created of a ~articular I size in each shire between 1972 and 1977.

. . . I 1.4.5 Three categories of s~bdivi~ioh have beeri identified: The first, excision, accounts for many of the allotments of I 0-2 ha in area. This has been either for the purpose of creating an allotment for the erection of a dwelling·, or an I existing dwelling has been subdivided from a large allotment, · the balance of the remaining area of land is usually in I excess of 20.hectares in area. 1.4.6 The second type of subdivision identified has occurred I when a large area of land has been subdivided into many small allotments (2.1-4 ha). The subdivisions have I occurred predominantly in the western part of the region (for example the Shires of Avon an~ Maffra have a high I ·percentage of this type of subdivision). I CURRENT SITUATION (contd) 7. 1.4.7 The third form of subdivision which has been approved in I the past 5 years has been for farmlets of approximately 8~20 ha in area. The greatest percentage of allotments I created have been in this size rang~. This may be the result of a number of factors. The minimum subdivision I · size in rural areas in four shires - Avon, Bairnsdale, · Maffra and Roseda 1 e is 16 ha. There has been a tendency, in the past, for landowners to subdivide to the I ·minimum subdivision size permitted far· security even ·,though they do not necessarily wish to. sell the land. ,1 This may account for some of the subdivision into allotments of8.l.-20ha. There has been also increased demand for rural hobby farms especially along the shoreline ·of. the Gippsland Lakes and the areas surrounding the. regional I centres of Sale and Bairnsdale. It is significant to note that only 7.83% of all subdivisions in the Region are of 4.1- 8.00 11 ha in area. This trend occurs i n a 11 Shi res . i I ' 1.4 .8 The majority of subdivisions in the region have occured ii in the area around the western reaches of the Gippsland I Lakes and generally south of the Pririces Highway. Within each Shire, however, distinct trends can be identified.

1.4 .. 9 Subdivisi6ns in the Shire of Orbost, although few in number repre~ent a significant proportion of the cleared land in the Shire (Approximately 80% of land in the Shire I is public land used for forest purposes~. Subdivision has . been scattered throughout the Shire .clustered around the small I townships. Although subdivision is not critical in extent .at present there is a need for a comprehensive policy ,- to be established to ensure that valuable agricultural land is not lost to in-appropriate subdivision 1 and to ensure that the relatively small percentage of the Shire which is. able to be developed is used tcr its I best advantage. I I I I CURRENT SITUATION (contd) 8. I 1.4.10 The greatest amount of .subdivision in the region has occurred in the Shire of Tambo in the past five years with 202 new allotments being created. 57% of these allotments I were 1ess than 4 ha in .area. The Shi re of Tambe has no I specific planning controls at present. 1.4.11 Subdivision in the Shire of Omeo has occured in a I few contained areas, particularly around :Swifts Creek and Benambra~ 75% of subdivisions in the Shire have I been between 8.1 -20:ha. The majority of these subdivisions occured in 1976. I 1.4 .1~ Only a small portion of the Shire of R.osedale is in the East Gippsland Region and significant parts of this area are I not suitable for subdivision. This explains why there were only 28 allotments created in five years. The majority I of subdivisions permitted were8.1.,.20 hectares in category. I 1.4.13 The Shires of Maffra, Avon and Bairnsdale have similar patterns of subdivision. The subdivisions are scattered in location although contained in a belt adjacent to the Princes Highway I and the Lakes Area. In all three shires over 54% of I allotments created are greater than 8.lha in area. 1.4.14 The area surrounding the township of Bairnsdale is character- ised by small lot subdivision, 69% of lots created were less than 4 ha in area .. However, given the nature of existing fragmentation of land this pattern of subdivision is not significant change from the existing land use pattern.

1. 4.15 The results from the survey were not as comprehensive as was first anti~ipated. However, they provide a reasonably accurate picture of subdivision patterns in th~ region. It was hoped that data regarding the development on these new lots could . . . ·· a 1so .. be co 11 ected. However, this is not complete for the whole region and no accurate irlformation can be inferred from .I the few figures collected. It is necessary to note that . the data presented here is only for allotments which are less I than 50 ha in area. Many subdivison.s have occurred which are more than 50 ha and these are excluded from this survey. I

I 10. TABLE I (CONTD) I 0.2ha ·2.1-4ha 4.1-8ha · .· 8.1-20ha 20.1-50ha TOTAL 1972 0 0 0 0 0 0 I BAIRNS- 1973 1 2 2 1 1 7 DALE 2 .2 0 0 0 4 TOWN. 1974 I 1975 1 . 1 0 0 0 2 1976 0 0 0 0 0 0 I 4 5 ·2 1 1 13

I · ORBOST 1972. 0 0 1 1 2 4 1973 . ' 0 0 0 0 0 0 I 1974 1 0 0 0 0 1 1975 2 1 1. ·2 7 13 1976 6 1 1 3 9 20 I 9 2 3 6 18 38

I *No breakdown by year available in the Shire of Tambo. I

~ I I I I I I I I I I ----- I 11. TABLE 2 - NUMBER OF ALLOTMENTS CREATED BY SIZE·PER YEAR IN THE EAST I GIPPSLAND REGION 0-2ha 2.l-4ha 4.1-8ha 8.1-20ha ·.· 20.1-50 ha Total No.of lots I b ear. 1972 13 24 5 . 17 26 85 23 85 I 1973 19 .. 21 7 15 1974 22 11 2 17 17 69 I 1975 20. 8 6 48 33 115 1976 25 . 25 10 76 . 49 185 I & TAMBO 44 . 71 28 41 18 202 TOTAL 143 160 58 214 166 741 I % 19 .. 30 21. 59 7~83 28.88 22.40 100%

I TABLE 3 - PERCENTAGE OF TOTAL NUMBER OF ALLOTMENTS·BY.SIZE FOR EACH SHIRE I 0-2ha · 2.1-4ha 4.1-8ha 8.l-20ha 20.1-50ha AVON 13.99 28.67 4.20 20.98 .32.17 I MAFFRA 20.83 19.64 8.33 24.40 . 26. 79 22.86 5. 71 5. 71 48.57 17.14 ~- ROSEDALE OMEO 17.86. 3.57 0 75.00 3.57 I . 35.15 20.30 8.91 - TAMBO 21.78 13.86 SHIRE OF · 50.00 27.19 I BAIRNS DALE 15 ·79 4.39 2.63 TOWN OF 30. 77 ' 38.46 15.38 7 .6.9 7.69 I BAIRNSDALE I ORBOST 23.68 .. 5.26 7 .89. 15.79 47 .37 1..14.16 These Figures are only interim data and are pr.esently I being updated by work at the Titles Office~ I ,I I I I 12. I CUHBJ:.~T S,iTUATION(contc!l I l. 5.1 In s~nvnary, the following points can be identified:

I (1) At present,.rural subdivision is not a threat to the overall agricultural productivity of the region. I In most instances, small lot subdivision is not occurring in prime agricultural areas, but in areas I where other attributes, for example, amenity, proximity to towns and services and proximity to recreational facilities are the dominant factors. However, in I ·,, some localised areas a conflict between.rural land I uses has occurred and problems have arisen. (2) · It is desirable to identify areas which are I appropriate for small lot subdivision at a. regional scale. I (3) . Problems have arisen associated with the ·1 management of rural. holdings,; absentee ownership, maintenance, upkeep, overstocking, fire hazards, I vennin, dogs, etc. · (4) Existing planning controls are often inflexible and the I imposition of a min.imum subdivision size may create pr

(7) Existing planning controls do riot provide sufficient I fl exi bi l i ty to meet the full range .of land use needs I of the region. I I 13. I CHAPTER 2 -~ tOMMUNITY AttITUDES 2.1 Introduction I 2.1.1 Conments relating to rural land use and subdivision were sought from the community. The sub committee were anxious as part of the overall study to gain the community's :views. The sub I committee requested in particular, submissions relating to the desirable aims of a rural land ~se policy, the resultant I controls on the use of land that -would. be required and the 1· · appropriate means by which such aims should be implemented. 2.1.2 A copy of the statements of goals (Appendix A) has been I forwarded to.interested parties to indicate the terms of reference of the sub committee. I 2.1.3 Thirty one submissions were received. A li~t of contributors is attached as Appendix C. The submi5sions received came I ·from a wide range of groups in the conmunity including many government bodies, local organisations, municipalities I and individuals. No comments were received .from Real Estate ·• · bodies in the region. I 2 .1. 4 The comments made by these groups covered a wide range of issues, particularly; the location of smal_l lot subdivision adjacent to crown reserves; method~ of waste disposal; the I management Of small rural allotments;. the.environmental capacity of areas for subdivision; the cost of servicing I ·allotments; and, the identification of areas of prime a~ricult~ral importance for example, irrigation areas, I extensive grazing areas and river flat areas. I 2.2 Conments Received 2.2 .. l The issues raised by the community can be broadly categorised I .into groups expressing a wide range of views and are discussed below. · I 2.2~2 Subdivision . Although some bodies (for example S.R.W.S.C. and E.P.A.) I do not favour small lot rural subdivision, there is concensus that if subdivision is to be permitted it should occur only ..where demand exists and when studies have been undertaken to I assess the environmental capacity of land for different uses, and the cost to the community of servicing small lot subdivisions. ·------I COMMUNITY ATIITUDES (contd) 14. 2.2.3 In considering applications for small lot subdivision I care should be taken to ensure that the design and layout I are in. hannony with the environment. 2.2.4 It is important that rural subdivisions are only permitted I in areas where services (eg. electricity and water) are easily provided and where the topography of the land will I not constrain development .

2.2.5 Other r·g~dLlps were concerned with the existing subdivision I . policy and believed that it is too prohibitive, particularly existing excision provisions and the density policy admin­ I istered by the Town and Country Planning Board.

I · 2.2~6 Planning Policies Government Departments identified issues which should be consider~d by Shires in the formulation of planning policies. I For example, the Country Roads Board referred the sub committee to Statement of Planning Policy No. 5 :.. :Highway Areas I which i~ concerned with the co-ordination of highway plannin~ - I and land use planning. .~ 2.2.7 The Ministry for Conservation indicated a number of para- I meters which are relevant in the formulation of a land use policy. These parameters incTude; the manner in which resources are allocated, the environment capacity of an area, ·I the management of an area and the effect of subdivision on· I agricultural production. 2.2~8 Some of the Shires indicated that there should be sufficient . . . I flexibility in. policy guidelines to allow councils to. decide on a minimum subdivision size according to various . . . I land-forms and land· capability and not a 'blanket' control. All shires indicated, however, that planning controls are necessary to ensure that subdivision occurs in appropriate I areas and that high quality rural land is preserved' I I I I 15.

2;2.9 Management of Small Rural Allotments Most groups expressed concern with the management of small rural lot~ particularly in the ca~e of absentee owners. Problems such as: overgrazing, the introduction of noxious weeds, potential erosion through clearing or overgrazing, ·I maintenance and upkeep, an~ potenti~l fire hazard to I surrounding land were raised. 2.2.10 Areas Unsuitable for Subdivision ·I Certain specific areas were identified by Shires as being ·' . . ·1nappropriate for small lot subdivision (for example Mitchell I River Flat.sand theMacalisterirrigation District). Any . planning policy must identffy areas which are appropriate 'I for subdivision or other land uses and zone them accordingly. 2.2.llThe Department of Crown Lands and Survey recommend that I intensive subdivision should not occur adjacent to Crown Reserves to avoid increased usage.pressures and management I problems. In the past, without adequate control, subdivision has occurred adjacent to foreshore, river and lake frontages. I ·This· has resulted in the following problems. (i) the use of public land for the construction of buildings and works. I (ii) runoff from sewage systems affecting Crown land; (iii)increased uncontrolled vehicular and pedestrian use I of reserve areas; and I (iv) the risk of surface stability in some areas. eg.sand dunes. 2.2.12 State Rivers and Water Supply Commission do not favour I subdivision in the Macalisterlrr1gation District, flood prone areas and water supply catchme~ts. S.R.W.S.C. believe that guidelines for works and structures on fl~o~ plains I . should be incorporated in planning policies.

I 2.2.13 Eight submissions were received from individuals. Of these, four related to past planning applications made to a Shire I for permission to subdivide. Two individuals, considered the creation of small lots uneconomic and detrimental to the area I in that the pres~nt pattern of subdivision is resulting in fragmentation of farm land. I I 16. I COMMUNITY ATTITUDES (CONTD) 2.2~14 The issues raised by the government a·gencies, shires I and community groups and individuals have been useful in stimulating discussion towards the preparation of I· the next section of the report - Alternatives. I I I I I I I :1 I II I I I I I -I I I 17.

I CHAPTER 3 ALTERNATIVE APPROACHES TO PLANNING.FOR RURAL LAND USE

I 3.1 Introduction

3.1.1 An examin~tion of past policies relating to rural subdivision I has revealed that the anomalies 6f planning policies in different Shires together with other factor~ have resulted I in varying pressure for subdivsion in rural areas, giving rise to concern for the long term future of rural.land °both ,.;, scenic· and agricultural, within the Region.

3.1.2 It is recognised that with increasing pressure for sub­ I division in the future, the present planning policies may . be inadequate to identify areas which are appropriate for 'I subdivision and those which should be retained for agri­ purposes. ·I cultural or other 3.1. 3 ·. The sub coiTlmi ttee has examined many alternatives some of ,_,I which may be incorporated in a rural land use· policy. Although some approaches are 1favoured more than others by the sub­ .1 committee, all alternatives considered ·are presented below . . 3.2 Density Po 1icy I 3.2.1 The density policy was initially implemented by the. Town and Country Planning Board in the Gippsland Lakes Area. I Although the· Comm.ittee favours a density policy type approach, it d.oes not fa.vour the type of approach applied by the Town I and Country Planning Board.

:1 . 3.2~2 Advantages I 1.· Subdivision under the density pol icy .enables the creation of a range of allotments of varying sizes 1- according to demand without the loss of large areas of agricultural land. ' /.I 2. The density policy allows for flexibility in the location and layout of the subdivision according to i·I other criteria. For example,· location of roads, proximity to townships and the availability of I services. I ·1 18. I ALTERNATIVES (contd)

I 3. The resultant. allotments. of a subdivision could be dispersed over the property and-would serve to I maintain the rural integrity of an are~. 4. If the allotments were clustered in a particular ·area the servicing to these al lot ments would be I facilitated and more readily achieved than scattered development. I 5. The size of allotments created in a subdivision can ,, be determined according to market demand rather than by the arbitrary imposition of a minimum subdivision size. I 6. The provision of a range of all-0tments encourages a more aesthetically acceptable development. I 3.243 Disadvantages II 1. Under the provisions of the .density po 1 icy there is no specification as to the location of allotments, with the results that there may be an increase of I development along main roads (strip development) as a landowner~s entitlement to subdivide is taken up. I · 2. A blanket density policy does riot control subdivision in outlying rural areas .or other specific areas (for I example sand dunes, ~iver flats etc.) where subdivision may be generall~ undesirable.· 3. There are potential problems and cost in the provision I of Services to both the Shire and the Subdivider, particularly in outlying.areas and areas where I servicfhg is unfeasible. 4. A subdivider may only take part of hjs entit~ement I u_nder a density policy at any time resulting in ad hoc subdivision rather than an ov~rall conriept. I 5. Land may be subdivided for reasons of economic expediency a~d may not be related to market demand.

I 3.3 Zoning -.·.Usjng a. Min.imum Bloc.k Size 3.3.1 In most shires some form of zoning of rural land exists I for either or both of the following reasons: II (i) to regulate and control the rate and direction of subdivision (principally to allow proper planning ~I of services and l~nd use); 19. I ALTERNATIVES (contd) ( i 1) to preserve 1and for agri cu ltura 1 use (in the pub 1 i c I interest, land use patterns should be determined by council via planning, and.not by speculators and I unc.o-ordi nated i ndi vi dua 1 pressures). I 3.3.2 However, there are many anaomalies between the zones i~ different shires in the region(for example, subdivision minima, excision rights etc) which may cause undue I .pressures for subdivision in certain areas. The zoning of land must b~ rationalised on a regional basis to overcome this difficulty. I ·The Committee considers that zoning is one of the alternatives which must be considered in the formulation of a planning policy. I 3.~.3 Advantages 1. The zoning of land provides for the rational and I orderly development of land •. 2. Zoning excludes incompatible ~ses from being established I in close proximity to each other.(for example, residential areas and an abattoir). I 3. Zoning enables the provision of services in an economic• manner. 4. Zoning enables the timing of. development according I to demand. 5. Subdivisi-0n provisions withi~·a zone serve to control I density of development.

I 3.3.4 Disadvantages 1. The zoning of areas result in the inflexibility I of subdivision minima of areas and does not take account of other factors, for example; topography, ability of areas to be serviced etc. 2. The imposition of a blanket control may temporarily slow down subdivision. of rural areas but may not be the most I suitable method of controlling subdivision in an area. 3. Subdivision minima may not reflect mark~t,demand.An I alternative approach is to provide for a wide range of subdivtsion sizes in different areas to meet demand I however it is necessary to rationalise subdivision minima with future land use. I I I ALTERNATIVES· (contd) 20. 4. By providing high subdivision minima there is a tendency for the subdivision of large tracts of land I which may not be necessary if a range of opportunities were provided. I 5. A large number of allotments of identical size may be created in an area providing no range or I choice.

I 3.4 Minimal or No Subdivision Controls 3.4.i. This is an alternative which musi be considered as it is I at present accepted by some Shires in the region. Each application would be treated on its merits or under some general policy. Conditions may be attached to permits. I No specific zoning controls would be used however.

I 3.4.2 Advantages 1. With no planning co~trol initially,_ the administration of I planning is simplified. Decision making is also simplified as each application is considered on its I merits. .• 2. A general scheme_may be implemented quickly without I undue complications in statutory procedure and would -require no costly or lengthy research. 3. The scheme provides wide freedom of choice for the I individual and opportunities for: development. 4. Pro vi des a 11 otments whenever demand arises. I 5. Enables landowners to overcome financial difficulties.

'I 3.4.3 In the past, in support of the advantages outlined above, it has been argued by some that subdivision has proceeded for a I century or more in areas without planning control and few major problems have arisen. However~ i~ is considered that the disadvantages outlined below far outweigh any of I . the advantages.

I 3.4.4 Disadvantages 1. The system ignores the prindple of the best utiliza­ I tion of land in the public interest. 2. As a property is surrounded by unrestrained small lot I subdivision, particularly in an area of high agricul­ . tural productivity, rates are increased so that a ' . genuine farmer may find the existing agricultural use t;I of the land uneconomic. 21. I ALTERNAU VES (contd) _ 3. Uncontrolled subdivision leads to scattered isolated I subdivision which is difficult .and costly to ser~ice. 4. The subdivided land may be better suited to the rural I uses rather than a small rural resjdential allotment. 5. Subdivision and the development pattern are determined I by the. whim of a landowner or developer ·and not by a rational process. I 6. The absence of planning controls encourages land speculation and creates uncertanty for all _landowners 7. Decisions made on the merits of an application ignore I the long term impact any development may have on the · rural integrity of an area. (For example: I (i) the cost of providing services such as roads, power, water, sewage; I ( i.i) the fragmentation of soci.a l networks; (iii) the incompatibility of land uses; I (iv) the minimizing of.options for future land.use. ;. " I 3.5 Locality or Area Planning 3.5.1 If a group of landowners in a particular locaiity wished to take.the initiative and propose a zaning for their area I planning controls should be flexible to permit consideration I of a proposal •· 3.5.2 Localities ·or areas could be defined according to certain 11 criteria: (a) by a concens us of l andow·ners ; I fb) areas wi.th particular needs; (c) areas of simil~r compatible uses. I 3.5.3 Within these identified areas, th~ resi·dents could express their wishes for the type of control they want. For example: I rural subdivision, no subdivision and the continuation of farming, conservation or recreation. This system would only I work if sufficient active concensusis achieved between landowners. Within a locality, if concensus were reached I relating to goals and objectives, it would be necessary for a group to approach the relevant Shire to ask that a I proposal be considered as part of a planning policy. ,I I 22. I ALTERNATIVES (contd) 3.5.4 Advantages I 1. The initiative for planning is with the landowners 2. Planning is by the people and may lead to a greater I acceptance of planning in an area. 3. A planning policy if adopted wi.11 meet local needs I and desires. 4 .. It is recognised that while Councils adopt broad brush approaches it is difficult to meet the needs I of all landowners in the Shire, especially minority groups. The system of locality planning may meet I these needs.

I 3.5.5 . Disadvantages 1. It is difficult to gain concensu~ amongst landowners I within an area. 2.· Planning proposals may cause antagonism amongst I landowners. 3. Locality planning may lead to the 'spot' zoning of I areas within the Shire. . 4. A proposa 1 put forward by residents in ·a pa rt i c'u 1 a r locality may be contrary to the goal.sand objectives .I of the planning policy of the Shire.

I 3.5.6 The sub-committee believes that this approach to planning is one which could be initiated by Shires in certa1n I areas, as it may .result in the greater acceptance of planning.policies by the community. I 3.6 Cluster Subdivision I 3.6.1 Subdivision under.the provisions of the Cluster Titles Act may be appropriate in rural areas, particularly in .areas where a density po 1 icy is app 1 i ed and to a 1esser I extent minimum subdivision sizes. I I- I I 23. ~L TERNATIVEUcontd) I j. 6. ( ~-~an~o!J~~- I 1. The cost of servicing land is usually less to both The Shire and the Subdivider. 2. Cluster subdivision enables the protection of bushland, I or the environmentally sensitive areas. 3. Provides for different types of lifestyles. I 4. Most suitable in areas of high environmental quality in that it allows for a rational use of land. I 5. Provides for an efficient use of land.

I 3.6~·3 Disadvantages 1. The management of the common area may cause problems I similar to those found on small rural residential a 11 otments .. I 2. Cluster subdivision and the concept of common ownership of land is a new concept and may not be acceptable to. I . all prospective land purchasers . .·I .. 3.6.4 - An alternative approach to cluster subdivision under the .I ·Act, which is appropriate in·rural areas is to cluster allotments created by_ subdivision in one area. This would I ~inimize the impact of subdivision in certain rural areas and reduce the cost of servicing the land for both the I subdivider and the Shire~ To optimal,ly achieve this scheme it would be necessary io provide an overa11· plan of sub­ II division rather than create allotments on an adhoc basis.

3.7 f-1 CombinatiOn of Density Policy and Zoning (See Figure 2) I 3.7.1 ·An alternative form of control for rural subdivision may be a combination of both a density policy and zoning controls. This combination would aim to el~minate many of the dis­ advantages identified in the previous discussions of the two approaches.

I 3.7.2 Within a Shire areas would be defined, over which density policy would apply.· ·There may. be more than one density policy in a Shire according to the objectives of the I · planning control. Within these policy areas, certain small I . ,, I

I FIGURE 2 I I I house.· I . per 20hectare I density policy area ROAD I I I house I per I 40hectare · . density p_olicy .. I area·

' I 11 :·1 I I I COMBINED··· DENSITY AND ZONING POLICY ·1 I I I 24. ALTERNATIVES (contd}

I units may be identified where small lot subdivision would be apprn.p, 1,..iate. For example these may be areas wh.ere I services are provided, the topography and drainage would enable a greater density ~f development of the areas which I are close to towns. I 3.7.3 These two policies would be best introduced after a rural land use mapping programme ha~ been undertaken which will 1· identify areas suitable for development and those which should be retained for other specific purposes.

I 3.7.4 This system appears to be preferable to a density policy which does not specify any particular minimum sfze or one I which applies the same.minimum ov~r the entire area which it applies. However the advan~ages and disadvantages of I this policy are identical to those outlined in 3.2.2, . 3.2.3, 3,3.3, and 3,~,4.

I 3.7.5 To optimise the use of the combination of two policies it is necessary to develop a set of criteria with which to I .consider the potential use of an area~ Primarily the I · designation of an area should reflect its future potential I for a particular land use. I 3.7.6 Other basic criteria are set out below: : 1. Location I - proximity to service centres and recreational facilities. - ability of the land to be serviced economically. - potential effect of the subdivision on surrounding :I land uses. - subdivision should not be permitted which would I have a significant detrimental. effect on crown land, \ . . I water catchments and areas of scenic value. I I I 25. I ALTERNATIVES ( ~Qn.~c!) 2. Amenity and Environment ... ---·- - ---•R - I subdivision should be in ~h~ q~~i~~ ~f ~h~ .J l.I :J~ ' ·1 • .:'i t l'' r - fl· JU 1 l' lit:" , • h.~ merY ~1 ~h ~h~ n~ t~r~ 1. ~~¥i r~r.w~~~ ~n~ I ~n~~~ ~p,p,rep,ri~t~ ~nh~nf~ th~ ~~~ni~ ~~1~=~~ ~p,~~ie1 ~h~re~t~r ~ns r.~re1 ~nYir8nm~nt et I ·~h~ ~r~~-

3. 7 ! 7 2 Fi g~r~ illustr.ates...... the,_ ...... principle of having two I' _-· •'' I i - t. • l. t '•·:;r .. I ~f. ni~r.e. z.~mi D9 over. the one piece of land. ~Q~~r.91~ ""' ...... '\JI·~- ,'IL ._1,, I r ~ I '\..f , " '

I rn ~-~~ ~~~mPJ~ ~~9wn ~Y!9 9~~~E f.C?r~~ ~f t~n1n~ ,~Hn~re~ ~r~ ap_pl j~9! I 1. A 9!!n.~H:Y P9J·jf.Y f.

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2. The land may therefore be subdivided in any manner I providing that its overa.11 total density of develop­ ment does not exceed 1 house per 20 ha. I •. 3. The allotments. created may be of any size and in any location on the property providing that any allot­ I ments which are created in the zone coloured with ·tiny dots are not smaller than 4 ha in area and I any allotments which are created in the remaining I zone not smaller than 8 ha in area. 3.8 Inaddition the sub-committee·recommends a number of specific I alternatives which could be incorpora~ed in planning policies for rural a~eas. A di~cussion of these alternatives follows. I 3.9 Land Use Mapping I 3.9.l It is an essential requirement that before a,ny effective attempt can be made to overcome riJr&l land use and subdivisional problems a proper land use mapping I prograrrvne must be completed.

I 3.9.2 . The committee endorses the commencement of land use mapping programme(similar to the one being co-ordinated by the I Loddon-Campaspe Regional P·l anni ng Authority in conjunction with the Town and Country Planning Board} in the East I Gippsland Regton.

3.9.3 · The mapping would be of assistance to Shire Councils I and their Engineers in the following areas: · (i) The cbnsideratidn of subdivision and development I proposals; (ii) The drawing up or amendment of Interim Development I Orders; (iii) The formulation of Planning Schemes; I (iv) The formulation of policies on plan~ing and land-use matters throughout each Shire .. ·1 The project is undertaken by the Board in conjunction with the Shires .. It is essential that each Shire participates I for the.programme to be of maximum benefit in the future. I ALTERNATIVES(contd) 27. I 3.9.4 Other government agencies involved in the project include: · ( i) The Soi 1 Conservation Authority. I (ii) The Department of Agriculture. (iii) The State Rivers and Water Supply Commission. I (iv) The Department of Minerals and Energy. 3.9.5. The_ broad objective of the project is to produce a range I of maps at a useful and detailed scale which set out the main physical ch.aracteristics and development constraints I that exist within each shire in the Region. I 3.9.6 The main maps produced are:- (i) Land capability ..; an evaluation by the s.c.A. of the ability of each 11 Land Unit 11 in the I region to support small lot develop­ ment and subdivision. I (ii) Agricultural Land Quality - an assessment by the Depart­ ment of Agriculture's field officers ·1 of the quality, carrying capacity and versatility_.of land in each Shire. I (iii) Water Supply & Flooding - a map of town water supply . catchment, irrigation areas, and those areas known to be liable to I occas i ona 1 flooding. (iv) Mineral and Stone Deposits - The location of State I . Forests and· important mineral reserves I ·would also.be: shown on the maps.· 3.9.7 The maps of land capability are prepared with the assistance I of the Soil Conservation Authority; Within each Shire land is· divided into five classes according to its physical suit­ ability for small lot subdivision and development. The four I classes are arrived at by giving consideration to fourteen ·separate crite~ia which may be taken singly or in combination. I These criteria are: rainfall, geology, altitude, land form, gradient, soil depth, soil type, permeability of soil, surface I texture of soil, proportion of outcropping rock, soil micro­ relief, e~isting_ erosion hazard, incidence of salting and II risk of land slips. I ••-p ...~. • ··~

;1 ALTERNATIVES (contd) 28. I

I 3.9.8 Following the preparation of a map, the implications for land use can be assessed and recommendations relating to I the lo~ation of land suitable for subdivision can be made. I 3.9.9. In formulating planning policies State Rivers and Water · Supply Commission requires that its objectives in relation to the.development or utilization of land when considered. I The Commission has established guidelines for land use in relation to water resource management. These guidelines I together with maps detailing town water supply catchments, existing and potential irrigation areas and areas known I to be liable to occasional flooding are part of the project.

I 3.9.10 .In assessing the potential for min~~al and stone deposit existing geological data is used toQether with field ·1 surveys. Two maps are produced. The first identifies areas ·of probable mineral and stone deposits, the second, gives recommendations on the. suitability of land for subdivision I i~ relation to its mineral and stone potential.

1· 3.9.11 Jhe method for assessing agricultura1·1and involves two . steps. Firstly, the mapping and classification of land I into agricultural land-units accordi'ng to the following factors.: existing land use, productivity, versatility and non-physical criteria. After this has been done agri­ I cultural quality_is computed primarily from the combination of the productivity and versatility factors on a regional I basis~ See Appendix F.

I 3.10 Land H6ldirigs as a Basis for Subdivision

J.10.1 In formulating a rural subdivision policy .it is considered I essential that the existing pattern of land tenure be used as the basis for planning .. Th~ existing pattern pf I land holdings at the date of adoption of a scheme shoul~ , ' be adopted as a unit of ownership rather than crown all~t­ I ments, crown townships, parcels of land or tenements. This would solve many of the problems of .multiple titles parti­ I cularly as the pattern of tenure created by the Crown lands Department in the 1850 1 s does not ·represent the existing I land use pattern. 29. 1 1 I ALTERNATIV~S(contd) 3.10.2 Several councils at present have no controls over I development of individual existing allotments. It·is important that responsible author1ties _haye the ability to exercise controls over development of existing allotme~ts I in order to bring about rational planning and avoid . . the disadvantages of unplanned rural subdivision and I development.

I 3.10.3 The use of the term 11 land holdings 11 is an essential prerequisite to the adoption of several o.f the alternatives, I for examp 1e; density po 1 icy ..

3.10.4 legally the definition of 'holdings' appears to be the I best method' of controlling this problem. A definition of land holding should be incorporated in all planning

I schemes~

11 11 .I Holding - means the total area of all contiguous land held in one ownership and includes land not­ I withstanding that it may be divided by a road reserve (not designated by the Responsible Authority to be a major through· road) or stream reserve not in the· I same ownership.

I 3.11 Staging of Subdivision 3.11.1 Subdivision may.be carried out and released on a staged I basis provided that subdivider submits an overall plan of subdivision. Parts may be .released now and at subsequent I stages according to need and demand provided subsequent releases conform with initially approved overall plan of I subdivision.

3.12 Zones I / 3.12.l It is recorranended that the number of zones in a planning I scheme should be kept to a minimum. The zones proposed must be coherent, rational, easily understood and easily I identifiable. This will ensure that the zoning results are consistent with the intentions. I I ALTERNATIVES (contd) 30.

II 3.12.2 The Committee also believes that every planning ordinance administered by a responsible authority in East Gippsland I should include an explanatory statement defining the aim and objectives of the specified· land use ~ontrols, ie. what I .. is trying to be achieved by the particular control applied? By doing this landowners are able· to un'derstand why I · · particular controls are ,:being applied. 3.12.3 The objectives must be established prior to the commencement I ·of a scheme so that the resultant.plan for the area will I . implement thos~ objectives. An example of how this could be . ' I .achieved in a statutory scheme follows. (here the intent of the zone is contained within the ordinance): I "Rural E Zone

I (i) All the land coloured brown cross hatched on Plan No. 1 attached hereto is included in the Rural E Zone; I (ii) Purpose or the Zone The zone covers all freehold land in the Tabberaberra I area and is the area of land that will form and wi 11 be - adjacent to the storage basin of the proposed dam I I on the Mitchell River. The purpose of the zone is to: I (a) Pennit the continuation o.f existing land use . . until the area is required for water storage purposes; I . ' ' . (b) Limit all building ·development to areas that· I will not be subject to inundation by the flooding of the proposed dam storage basin; (c) Control the siting of puildings including housing I so that the potential "pollution of streams and waterways is minimised; I (d) Encourage the development.of an environment compatible with the future storage basin and I surrounding forest areas; and I I I 31. ALTERNATIVES (contd)

I / (e) Discourage residential development in areas I adjacent to the proposed storage basin and present fragmentation of existing land holdings either by subdivision or disposal of the land in I sma 11 er pieces •11

. I 3.12~4 By the inclusion of these clauses, councils are provided :with some guideline criter{a in making plarining decisions - I instead of merely considering whether a particular appli­ cation meets a minimum specified standard it may also be I considered whehter it meets the aims of the specified control. 3.12.5 Under the present system many councils decide on I a minimum subdivisio~ size on the basis of some fairly arbitrary criteria and only at some.time later do I they give thought to their aims and objectives in doing that .. This system makes decision making for Councils I more difficult, especially when 'borderline' cases a~ise. I 3.13 Uniformity in Controls . 3~13.1 To remove many of the anomalies which exist in the planning I controls between Shires, it is proposed that Qn a regional basis a range of zones could be defin~d and each Council I could include a combination of th~se zones in its ordinance according to different needs. For example, a Rural A Zone in the Shire of Avon co~ld be identical in purpose and I \ have similar provisions (varied according to local features) I to the Rural A Zone in the Shire of Maffra. Some zones (for example: a Forest Zone) may only be pertinent to a few ~hires. Th.is regional co-ordination and consistency will facilitate I planning controls being readily understood by all landowners. A 1ist of thirteen zones which serve as the type of zones I .. applicable in the region is attached as Appendix D. ii I I

~- : •. f .... ,

I . 32.

I 3.13. 2° Advantages 1. The uniformity of controls will reduce uncertainty I for individuals in the region. 2. Uniformity.of controls will reduce the anomalies I between Shires particularly at boundaries between Shires or of areas of similar attributes. I 3.13.3 · After a rural mapping programme has been undertaken it will be possible to identify areas with similar attributes I and these can be zoned accordingly. At present there is a wide range of divergence in each Shire between subdivision I sizes in each Zone. A table setting out the differences I between Shires is attached as Appendix A. 3.14 Realignment of Boundaries I 3.14.1 The realignment of boundaries of adjoining properties should be permitted even if it does not conform to sub­ I division minima. This would enable a person to enlarge a holding without the densitY of··development changing II provided that the remaining ~llotment is not less than the minimum subdivision size. An example of a clause I whi~h has been used is: I "Notwithstanding this provision the Responsible Authority may consent to the excision of one allotment of lesser I area for the purpose of: 1n·creasing the area of an existing allotment provided I ·that the balance of the land is either not less than x hectares in the area or is to be consolidated in the title I of the adjoining allotment, and the excised portion is consolidated with the title of an abutting allotment I which area is to be increased". ·1 3.15 Excisions 3.15.1 It is considered that the excision of a small allotment fr.om the balance of a property should only be permitted in I accordance with the appropriate density policy or minimum I subdivision size. To allow for excisions not in conformity ,·I • '• . ~. I ALTERNATIVES (contd) 33. I with a given policy would specifically negate the aims I of rural .. subdivision control. 3 .. .15.2 If the landowner cannot comply with the necessary zoning :1 requirements then subdivison would not be permitted. For example, if a landowner wish~d to excise 1 hectare for a I member of his family ·but is in a 2: hectares zone, he may fence off 1 hectare from the title and leave the balance in the I original holding. It is important that when the excision is granted the future use of the land is considered and if the excised allotment is sold and passed on to another person I that other person has 2 hectares, which meets the minimum ·1 req~irements and will meet with ·the needs -Of the purchaser. This eliminates the potential for numerou~ small allotments I below zone minima to come onto the market. · Compensation and Betterment I 3.16 3.16~1. The situation should be avoided where a landowner has ' the value of his· land. grossly increased by zoning changes I or where a landowner has the value of his lari~ grossly reduced by zoning changes. The latter of these two cases I has in the past been most publicised and many owners have been denied not only what they consider to be the highest I and best use of their land but in practice they have been denied any use of it at all.

I 3.i6.2 This problem is aggravated when zon'e boundaries follow some arbitrary criteria (such as a·government road or I crown allotment boundary) and a landowner on one side of this invisible line is subject of .a control grossly I different in effect to that on the other side of the line. This. situation produces anomalies, hardship, frustration I and hostility amongst the affected landowners. I I I I . ALTERNATIVES. (contd) 34.

I 3.16.3 One means by which the above problems may be overcome is for land which is clearly not suitable for development - I e.g. flood prone, steep, erosion hazard, sand dune, other­ wise committed etc. - to be identified on the basis of I obvious and sensible boundaries and let the remainder of the land develop with minimal controls.

I 3.16.4 Even with strong planning control zone boundaries can be made more acceptable and rational by selecting boundaries I according to some practicable,sensible, readily explained reason. This is facilitated by techniques such as the I rural land mapping programme. I 3.lo:s The Sub-Committee beli.eves that a 11 wipeout 11 situation is only likely to·occur when land is "down-zoned". - NOT !I when an owner is merely prevented from carrying out some ! new use which he wants to carry out on his land but to I which the land is not suited.

~ 3.16~6 Betterment I Item 13 of the 3rd Schedule of the Town and Country Planning Act provide·s for the imposition of a betterment levy. This I . section specifiE.'S that planning s.chemes may provide for 'as·certai ni ng whether and by what amount the value of any I land is increased by the Planning Scheme and the levying of a betterment rate·for the.recovery of one half of such I amount ... " 3.16.7 If then an area of land is re-zoned from Rural A with a I 50 ha minimum subdivision size to rural B which permits rural-residential subdivision dowri to 5 ha, the value of I of land in the area may be increased from say, $300 per hectare (general farming value) to $3,000 per hectare I (hobby farming value). Any person selling land in this zone may therefore be able to reap a profit of $2, 700 per I hectare as a result of the re~zoning. The imposition of a b~tterment rate would mean if land was sold, half of the value· differential (ie. $1,350) would be passed back to the I Responsible Authority. The landowner would retain the balance I of the profit. The Responsible Authority could use the !]

I ALTERNATIVES(contd) 35.

I added income from these sources to specifically aid rural rural areas and improve rural facilities and services I thereby bringing· about widespread benefits to the local community in general. In practice, in assessing the money I passed to the Council , allowance would be made for ser.vi ci ng expenses incurred by the subdjvider in the development of the land.

I 3·.16.8 The sub-committee is in favour of the imposition of a betterment rate and recommends that Councils in the region I \; consider applying Item 13 of the 3rd. Schedule of the Town and Country Planning Act to facilitate improved development I · of the rural parts -0f the region. I 3.16;9 Past experience has also shown that even where a subdivider puts in the initial basic services such as roads and water the increase ·in rates resultant from subdivision is only I sufficient to cover the cost of maintenance to those services - the rate increase incurred by Councils is certainly no I wi ndfa 11 for them. ,, ii 3.16.10 One of the problems which occurs in rural areas is when . . . land speculation is generally disadvantageous to the genuine I landowner or farmer. In certain instances land in the region which is quite sui.table for development is being held by speculators which prevents this land coming onto the market :1 to fulfil the needs of people wishing to live in the region . . and raises the price of land already on· the market to ' I unrealistic levels. When land suitable for development is being held back from use, pressure is exerted to develop I ·less-suitable land to meet the needs of the community. 3.16.11 Time Limits on Development I One method of approach to this situ~tion is to apply a requirement that the purchaser must develop the allotment for purposes stated at the time of sale within a specified I period - say 2 years - or the land will revert to the I se·ller. I I I ALTERNATIVES (contd) 36.

I 3.17 Development Rights

I 3.i7.l Under the Development Rights (DR's) System holdings as from-a specified date irrespective of their locality I would be allocated DR's on a common municipality wide· density basis (eg. 1 per 50 hectares). The system to I operate in conjunction with a zoned density policy. 3~17.2 . In practice ·this would mean that holdings in areas with a I a permitted density greater than the selected DR density would have a capacity to subdivide in excess of their I allocated DR's {eg. Zone density 1 house per 10 hectares with a holding of 100 he~tares creates potential for 10 I residential lots but the holding earns only 20Rs) 3.17.3 On the other hand there would be a surplus of DR's avail­ I able from zones of prohibition on residential subdivsion and also from those areas of little or no demand for such I subdivisions.

3.17.4 .it is from these latter sources that holdings with too few DR's to meet their capacity to. provide residential I Subdivisions can secure the required .DR's in an open market situation and with the market p1 ace. determi nj ng the price ..

I 3.17.5 The Development Rights system:-

I (i) Spreads the pro~its from the: residential subdivision of rural land over a greater number nf rural landholders. I (ii) Goes some of the way in overcoming the 11 wipe-out 11 situation. I (iii)Can help the "cash flow" situation of farmers in times of economic stress and thus may he·lp to retain more agritultural land free from ~ndesirable fragmentation. I (iv) May have a positive value in helping in the control I of :.inappropriate subdivistons. I I I ALTERNATIVES (contd) 36a

I 3.18.1 'Let-out' Clause . . Several Councils have expressed the desire to incorporate I more flexibility in their rural land. use controls by including a 'let-out' clause which enables council to permit a subdivision not in· accordance with its general policy in particular cir­ I cumstances. Such a clause is desirable in many instances but Councils must be wary not to use or abuse the power I and only u~e it in exceptional circumitances ..

I 3.18.2 An accept~ble ~ording for such a clause would be -

11 11 11 11 1. Within the Rural A , Rural 8 , and Rural Highway I Zones, no land shali be subdivided ~xcept with the consent of the Responsible Authority and unless I each allotemnt so created has an area not less than 40 hectares. I 1.1 Notwithstanding the provisions of sub clause 6, the Responsible Authority may consent to.the subdiv;sion I of land into one or more allotments of a lesser area than 40 hectares, provided it is satisfied that special I circumstances exist for the creation of allotments of .l~sser area after taking into consideration all . . . m~tters including:- I 1~1.1 ·The exisiing use and po~sible future development of such land and of contiguo~s 6r adjacent lands; 11 1.1.2 The orderly and proper plannin~ of .the Zan~; ,, 1.1.3 The effect·of development of the land upon the use or development of other land which has a common means of natural or artificial drainage; I 1.1.4 The advisability or otherwise of .retaining native vegetation; I 1.1.5 The ratio of depth to frontage of each allotment having regard to the purposes for which it is to I be used. I I I I ALTERNATIVES (contd} 36b I 1.1.6 The primary purpose for which the land is zoned; 1.1.7 The suitability of the allotments to be created I for the uses permitted in the respective zones; 1.1.8 Whether the proposal is likely to increase the I fire risk or the problems of controlling vermin or noxious weeds in the area; I 1.1.9 The extent to which the proposal may increase the demand for Local Government works and I services. 1.2 ·. Sub-clause 1.1 shall not be construed as limiting . . I, the excision of a parcel of land with the consent . I o.f the Res pons i b1 e Authority for the purpose of 1.2.1 Increasing the size of an existing allotment; I . 1.2.2 Providing a site for an existing house; 1.2.3 Providing a site for one,on]y additional house; I 1.2.4 Providing a site for a use or development for which consent has been obtained under :1 Column 2 of the Table Clause 4. I I I I I I I I I I 37. CHAPTER 4 - OTHER ISSUES

I 4.1 Other Issues I 4.1.1 From discussions a number of issues have been raised which relate to the formulation of policies for rural land use, yet do not fall within the scope of alternative approaches I to land use. The Committee considered it to be important I that these issues are raised. 4.2 Rating I 4.2.1 For a long time the problems associated with rating and planning activities particularly in rural areas has been I well known. The East Gippsland Regional Planning Committee presented a submission to the Rural Rating enquiry. This I Committee endorses the points put forward. A summary of these points is attached as Appendix E. I 4.3 1he Changing Rural Climate I 4.3.1 The returns from Broad acre farming· have been very poor in •· the last few years. This h~s created difficulties for landowners in meeting their on-going property costs, let I alone providing a return to their own labour and capital • • Farmers have sought to subdivide part of their property in I ·order to gain ·capital. With increased pressure for rural subdivision the value of rural land increases and often pre­ I cfodes any of the staple or standard agricultural enterprises from being economically vi~ble.· However,- on the other hand I. there is virtually no market for broadacre farm land due to a number of factors: I young people do not have money or desire to buy farmland. most genuine farmers are in such economically poor I situation they cannot afford to buy additional land. rural economy has been so. poor that virtually no one I is prepared to take it on. rural depression has forced many farms onto the market I - no one wants them there are plenty of other activities where people I can make a better living uncertainty and risk involved in the future means that I people are not prepared to gamble on rural land 38. I OTHER ISSUES (contd) there is no guarantee that the rural situation I will improve.

4.3.2 Although planning must recognise the implications in the I long term of the changing rural situation, other areas of reform and rebate must be offered to the farmer to I give po~itive assistance in the present economic climate .1 so that future land-use options are not destroyed . . 4.4 Hardship

I.· 4.4.. 1 The Committee believes that the question of hardship is NOT a planning consideration and should not be the I basis for planning policy decisions related to rural land use and rural subdivision. However, in determining a I planning application, the Responsible Authority must consider it on its merits.

I 4.4.2 The solutions to these problems iie in the economic system or social welfare system - not the planning system. I The misuse of planning td bring abo~t a short term relief ·1 for needy.people is not-justified by the longer term . problems it may cause for a far larger number of people . I 4.5 Landscgpe 4. 5 .1 . There is a need to consider the impact which any proposed .I development may have on the landscape quality of rural. areas. It·is recognised that in some areas the develop­

ment. that has taken place, particularly. farming has 11! - ·contributed to the beauty of areas~·

I 4.5.2 It is necessary that subdivision proposals are in harmony with the rural integrity "of an _area and that policies are I. incorporated in planning schemes to prevent future develop­ ment from having a significant effect not only on landscape I but on physical resources and other factors important in ·an area (habitat, scientific features etc.). I I I I OTHER ISSUES (contd) 39. 4.5.3 · Areas of hilly or rolling countrsy$ide, moderate to I he~vily vegetated, abutting lakes, rivers, or main ~oads, ~n a generally attracti~e and desirable emiiro~ment may need special controls on clearing I of vegetation, re-planting, setbacks, screening, location of house etc. to ensure that the attractiveness I desirability and quality of the .area is not spoiled I by development. I. I I I I

I. ·1 I I I I,, I I I CHAPTER 5 40 I RURAL PLANNING GUinELINES 1. The aims and objectives of a rural planning policy shoul~ be I clearly expressed. 2. Areas suitable for development or subdivision should be identified and zoned accordingly. 3. Areas unsuitable for development or subdivision should be I identified and zoned accordingly. 4. Rural subdivision should only be permitted.in accordance with I approved_ planning controls. 5. Rural land should not be subdivided so as to impose an I unnece~sary burden on servicing authoritiesor the potential owners of the land. I 6. The responsible authority should aim to provide as wide a range of development options as is possible. I 7. Subdivision and development should be in harmony with the ~ural character of an area . .I 8. Due account should be given to the physical capacity of land to support different land uses.

I 9. Plannin~·policies should take due account of existing land uses and the ability of the land to be serviced if a change I in the density of deve 1opment is to be cons.i dered . . 10. Policies which discourage economic farming or increase the ·1 pressure for further subdivision of productive, rural land should be avoided. I 11. Inctinsistencies in planning policies along municipal bounda~ies ~hbuld be avoided. ~1 I 'I. I, I I I I I 41 6.0 RECOMMENDATIONS I 1. All shires should take out planning controls within the Municipalities specifying appropriate I controls on rural land use and development. (Clause 3A) 2. Prior to the formulation of planning controls I a rural land mapping program should be under­ taken. Rural land Use controls pr zonings I should be based on the results of this program. I, (Clause 3.9) . 3. The aims and objectives of the planning policy should be published and public comments and . . I debate encouraged. This will enable the public to assess whether planning controls meet the I expressed aims and will lead to a better acceptance or planning policies. (Clause 3.12). I 4. Before formulating rural land use policies a program which identifies: I (a) existing services; (b) areas which can be serviced; I (c) cost of servicing areas. should be carried out. I 5. The cost of servicing should be.met by the subdivider at the time. of subdivision and ordinances should I include this requirement where appropriate. 6. The zoning of land should reflect its probable I use in the future. Controls should not have the effect of .preventing a later change of use I should thfs prove desirable. (Clause 3.12) 7. The intent and purpose of each zone should be I clearly stated in planning ordinances. (Clause 3.12) 8. Controls should be consistent throughout the I region to promote greater understanding of terms and avoid confusion betwe·en Shires. The number 11 of zones should be kept to a minimum. Individual planning controls should be amended to give effect I to this principle. (Clause 3.13). I . RECOMMENDATIONS (contd) 42 I ·9. Shires should impose controls through conditions on permits for clearing of v~get~tion, siting of I buildings and works etc. to maintain landscape amenity in specific areas where development may I jeopardise the rural integrity of an area. 10. Planning controls should be provided for the I ·.creation of a range of allotments to allow for market'demand. However, the location of these I allotments should be assessed by other criteria for example; proximity to towns, availability I, of services, i.e. 'blanket' controls should be ·avoided. (Clause 3.2). I 11. Subdivision should not be permitted on an ad ~QC basis but as a total concept approach. I Developers should be encouraged to submit an overall plan of subdivision which may if desirable I be released on a staged basis. (Clause 3.11). .12. Land holdings should be used ·as the basis of land tenure in the formulation· of policy and not I Certificate of Title. A uniform definition of . 'land holding' should be included in all planning I ordinances, and applied consi~tently throughout ' the region. (Clause 3.10) I 13. The realignment of boundaries between adjoining allotments should be permitted provided the I smaller resultant allotment is not less than the prescribed minimum subdivision size.· Ordinances I should specifically i~clude the provision. (Clause 3.14) 14. Subdivision under the Cluster Titles Act should I be encouraged providing it complies with the purpose of the zone in which ·it is to be permitted. I (Clause 3.6). 15. Both zoning controls and a density policy should I be introduced in planning schemes. These controls may operate simultaneously over the one piece of land and bring about greater flexibility in the I development of rural areas. (Clause 3.7). 16. 'Let-out' Clause (Clause 3~18) should be incorporated I in ~lanning ordinances. I I APPENDIX A STATEMENT OF OBJECTIVES I OVERALL GOAL To optimise the use of rural land in the region with respect to I considerations of: I SUB-GOALS OBJECTIVES (a) efficiency protection ~f agriculturally valuable I land. · · provision of rural land for residen­ tial purposes in areas which minimize I community financial outlays. protect significant natural resources. I (b} environmental preservation and/or conservation of areas of faunal, floral, geological, historcal and recreational I significance. maintehance and/or enhancement of areas of. high landscape quality. I I- new use or·development of land must I be of a high environmental standard. .I (c) · equity the rights of all landowners to use and to earn a living f~om the land. ~, protection for.the. cotnmunity from undue finaricial obligations arising out of chariges in land use. (d} lifestyles protection of the established way I of life of the existing rural corranunity. provision.of Gpportuni.ties for I people to seek and secure alternative ways of living to those presently I predominating in the community.

N.B. Not all. these objectives can be necessarily met by planning I for rural subdivision. However, ~hey must be given due consideration. I I I I I APPENDIX 13 I A SUMMARY OF THE PROVISIONS RELATING TO THE .SUl3DIVISION OF - . - RURAL LAND IN THE REGION I MUNI Cl PALI TY PLANNING SCHEME DATE MINIMUM SUBDIVISION SIZE OR I.D.O. GAZETTED IN RURAL AREAS I Shire of Avon I.D~O. 23.1.74 Forest Zorie = 130 ha Rural Higway = 16 ha Rural = 16 ha I R.R.B. = 4 ha Amend. 2 Forest Zone = 130 ha 24.12.75 Rural Highway, North Riding - 16 ha I Rural Highway, South and Central Riding = 32 ha I . Rural, Nth Rid.= 16 ha Rural, South and Central Rid. = 32 ha I R.R.B. = 4 ha Town of Bairnsdale · P.S. 1.12. 76 Rural A = 16 ha Rural B )subd~viston for I Rural C )market garden­ ing only. Shire of I.D.O. 6~10.71 Rur~l = 10 acres I Bairnsdale Amend. 1 29.10.75 Rural = 125 acres Amend. 2 I 2.12.75 Rural = 50 ha Shire of Maffra I.D.O. 3.7.77 Forest Conservation {balance) Zone = 90 ha Rural = 16 ha - Rural Highway = 16 ha Lake 19.1.77 Rural = 40 ha I Glenmaggie P.S. 19.1.77 Landscape Interest = 40 ha Heyfield P.S. 23.4.69 Rural = 4 ha I {provision for cluster subdivision) Maffra Township 1. 6. 60 Rural = 10 acres I P.S. {provision for cluster subdjvision) I Shire of Omeo I.D.O. 23 .1. 77 Blanket Shire of Rosedale P.S. 22.12.76 Rural A = 80 ha Rural B = 30 ha Rural c = 15 ha I Rural D = 15 ha City of Sale· P.S. 4.2.77 No size specified .I· Shi re of Tambo Resolved to make an Interim Development Order Lakes Entrance 10.11.76 P.S. I Shire of Orbost Resolved to make an Interim Development Order I I I I I ------APPENDIX C LIST OF ORGANISATIONS AND INDIVIDUALS WHO CONTRlBOTED TO THE STUDY I Department of Crown Lands and Survey State Electricty Conunission I Country Roads.Board Ministry for Tourism II Environment Protection Authority Town and Country Planning Board State Rivers and Water Supply Commission ii Ministry for Conservation C.S.I.R.O. Division of Land Use Research I Town of Bairnsdale Shire of Omeo :I Slnire of Maffra Shire of Bairnsdale I Shire of.Rosedale Shire of tambo Mr. Ivor Bowen I Land;Jwners of the East Riding of Bairnsdale·. Mrs. H. ·Riley . I J.H. &L.[. Lehman J.R. Cornall R.& J. Legge - E. & E Goode I N. & M Grace Gi pps 1and Water Ut i1 i zati on Conunittee Sale Branch of the Graziers Association of Victoria I Region 10.Rural Fire Brigade's Conservation sub conunittee Gippsland,Lakes Association I Loddon~campaspe Regional Planning Authority Australia~ C6nservation Foundation. 1. Bai·rnsdale Enviroriment Group Victorian Eastern Development Association I I· I· I I APPENDIX D I PROPOSED ZONES As proposed in Section 3.13.1, to remove many of the anomalies of planning controls between Shires, the sub-committee recommends that I a range of zones should be defined on a regional basis. An example of zones which may be suitable follows: I MAJOR ZONES (1) General Farming Zone I Purpose - to maintain broad acre farming and prevent the unnecessary fragmentation of such land by subdivision. Control: (i) One to achieve that aim. For exampl€ a subdivision size of 100-200 ha depending on the proposed land use and land capability of different areas within the region; (ii) Excision of an existing dwelling or a site for a dwelling or not less than a ha in area; I (iii) .To di~coura~e the use of land and the construction of ··_buildings or works which are not compatible with the I· ·primary purpose of the zone outlined above. (2) Forest ·zone Purpose: I The .zone includes State Forest and 1and controlled by the Forests Commission of Victoria, and p.rovides for forest operation of the Forests Commission and forestry activities I permitted by the Forests Commission. Control:. All forE!stry activities permitted by the Forests Commission I of Victoria should be penilitted and other uses prohibited. I (3) Irrigation Zone Purpose: The zone includes all areas within the boundaries of an I irrigation district, and land which has the.potential to be irrigated. the purpose of this zone is specifically to protect and maintain for agricultural use, land within these irrigation I districts .. Control: (i) Subdivision which would enable the fragmentation of I l~nd into small lots should be prdhibited. The control . _1nstituted should reflect the primary land use in the area; I (ii) . Prohibit land uses which would not be compatible with the future use of land for irrigatidn purposes. I (4) Rural Development Zone Purpose: The zone covers ·non-urban areas immediately surrounding townships I and is designed to: (i) provide for low intensity development in a rural I environment; · (ii) preserve the rural character and appearance of the area; I - 2 - I (iii). protect and encourage the growth of native trees and . shrubs indigenous to the area; · I (iv) retain options for future use of the land for residential purposes by retaining land in large allotments. I Control: (i) Subdivision of 16-30 ha may be permitted where land · cannot be adequately serviced; I (i1): One excision of an existing dwelling or a site for a dwelling on an allotment not less ~han 2 ha, for a member of the family or worker on the land; I (iii) Subdivision of less than 16 ha may be ·permitted where the land can be adequately serviced; · (iv) Any subdivision of existing landholdings must be in I accordance with a future outline plan for the area. I (5) Rural· Living Zone Purpose: To enable the provision of rural/residential allotments in I the rural environment, while still retaining the rural character and appearance of the landscape. Control: I ( i) the permitted uses in the zone should reflect land use capability; I (ii ) the removal of native vegetation should be discouraged except in accord~nce with the Country Fire Authority Act 1958; I (iii) The siting of buildings and works should be controlled to maintain the rural integrity of an area; ~ (iv) the supply and location of residentially subdivided I lBnd should be monitored to ensure that demand for land and supply are constant; · (v) the layout and standard of roads and the provision and I · standard :of .services,commensurate with the density of · development shall be specified .in the issue of a subdivision permit; I (vi) . .subdivision under the Cluster Titles Act should be encouraged; (vii) subdivision into allotments of 1-4 ha ~hould be permitted I where the land can be adequately serviced by the develope~ and from 6-16 ha where the land is not fully I s~rviced by water and roads. (6) River Plats Zone Purpose: I The zone in general covers the flood plains and the purpose of the zone is to: I (i) to maintain and encourage the extension of intensive fa~ming, agriculture and horticulture; (ii) to retain the land in practical units ~elative to the I above uses; · (iii) to restrict the construction of houses to areas not I subject to flooding. or isolation by flooding; - 3 - I (iv) to control the siting of buildings including housing so that the potential pollution of streams and waterways I ·is minimised; (v) to restrict the construction of hou~es and other buildings in areas where their presence would interfere I with the land use referred to in paragraph (i). Control: (i) land should be retained in holdings of.a size I sufficient to allow viable inten.sive farming; (il) . the construction of buildings and works should be I prohibited in flood prone areas. The delineation of flood prone areas should be the greater of: 'either the flood of record or the flood which I can be expected, based upon recorded h~storical precipitation and oth~r valid data, ~s havirtg .a statistical 1% chance of being equalled or I exceeded during any one year.' (1) (7) Water Catchment Zone I Purpose: . The ztine covers land which is adjacent to a storage basin, or which drains into and is within 1 km of a dam or storage used I to provide a public water supply. (;r ·.restrain residential development in areas adjacent to a storage basin and prevent fragmentation of existing land I holdings either by subdivision or disposal of the land in smaller pieces; · (ii)· encourage the development of an environment compatible I with the future storage basin and surrounding areas; ~ (iii) to retain grazing and similar low intensity activities I as land uses. Control:· ( i) to control the siting of buildings and works, by the I inclusion of setback provisions from str.eams so that the potential pollution of streams and waterways is minimised; I (ii l. the retention of native vegetation fn streamline areas so as to minimize erosfon and as a natural habit~t for animal and bird life.; I (iii). to ensure that wastes are adequately disposed of within the curtilage of a property; (iv) to prohibit all potentially polluting uses of an I intensive nature within the area (for example, a piggery, an abattoir or an extractive industry); (v) the use of land holding as the unit of ownership rather I than Certificate of Title. I MINOR ZONES These proposed zones may not be applicable to all Shires, however, they I may be appropriate in specific instances. (1) Water Resources Council of Victoria, "Flood Plain Management in I Victoria" Draft Report, June 1977. I - 4 ,. (8) Sites of Historical Interest Purpose: To ensure the conservation of any buildings and .works designated as being worthy of preservation: I Contrbl: , (i) the responsible authority shall have regard to any ·comment or report of the Historic Building Preservation I Council and all applications shall be ~eferred to the Historic Buildings Preservation Council pursuant to the Historic Buildings Act 1974i I (ii) a provision requiring consent of a Responsible Authority ·for an existing building, work or object specified as being of historic interest to be rebuilt, altered, I enlarged, extended, pulled down, defaced or decorated; (iii) a list of buildings and works contained on the Historic Buildings Register to which these provisions apply I ~hould be incorporated in a planning scheme; (iv) . the need to harmonise any proposed buildings and works with the character and appearance of adjacent buildings I with the character of the area and the need to conform to the former appearance of the area at some specified period. This can be achieved by a requirement that I the colours, materials, height, style and bulk of the proposed buildings and works be subject to the consent ,1 of the Responsible Authority. (9) Shore.line Policy Area Purpose: I The need to preserve the special character, scientific value

~ of the· shoreline/lake edge and retain their ecologically sensitive structure. I Control: · ( i) in considering an application the responsible authority I shall have due regard to: (a) the maintenance and improvement of the stabi. l ity of the coastline; · I (b) the protection of the area for its recreational value; · (c) the retention of the open farming landscape I immediately adjacent to the foreshore areas; · (d) the conservation of areas of environmental I significance; (ii) provisions relating to the retention.of natural vegetation as a habitat for native animals and birds should be I tncorporated in the ordinance; (iii) development should be of a low intensity. I (10) Hills. Landscape Zone Purpose: I To preserve the high landscape quality of the. hills area. I I - 5 - Control: I' ( i) the retention of significant stands of remnant bushland and positive incentives to replant~reas with local species; I (ii) siting controls on the most prominent ridge areas buildings should not be permitted within 10 metres of a ridge top unless they can be carefully sited or with I an appearance which blends in with the landscape; (iii) the subdivision or development of areas which are · i dent i fi ed (through a land use mapping programme) as I unstable slopes should be prohibited; · (iv) the creation of new roads should be minimized so as .to prevent a significant intrusion in.to. the landscape; I (v) within this zone, the density of development which can be sustained is greater due to the undulating topography therefore in certain areas small lot subdivision may be I permitted. (Subject to appropriate conditions on permit). ( 11) Rural Conservation I Purpose: To limfted subdivision to ensure that the· intensity of land use and development is appropriate·to the agricultural capacity and I natural attributes of the land and to the protection of landscape and the habitat for animal and bird.life. I Control: ( i) to protect and encourage the .growth of native trees and shrubs indigenous to the area and to restrict the ·clearing of vegetation.· This control· ·can be achieved I by stipulating an area which is a percentage of the .. total vegetated area of a property which.can be cleared ·· _subject to permission being grantedi · I ~ . ' (ii) subdivision into small·allotments.of 4~10 ha may be .. permitted; I (iii) the siting, colour, bulk and texture of all buildings or . work so as to preserve the landscape and character of ·the locality as a bushland area;

I I I (iv) ·cluster subdivision should be encouraged ~.m~thod of retaining large areas of bushland; · ii (v) the·grazing of animals should be restricted so as to .. preserve the natural understorey. (12) Rural Highway Zone I Purpose: To co-ordinate Highway planning and land use planning. I Statement of Planning Policy No. 5 (Highway Areas) directs respon­ sible authorities in implementing this policy to have regard for a number of factors, especially clauses: · I 4.3 Zoning and regulation of land use in. relation to highways, taking into account particularly the recdncili~tion of the needs of vehicular· and pedestrian ·access and.the cross I movements generated thereby with those of through traffic .. I ...------.,.--- I - 6 - • 2.2 Any new use or development of land in the vicinity of an I! existing or proposed highway shall be so planned and regulated as to avoid detriment to the levels of service, safety and amenity desirable for that highway in both.the short and long term. I Control: (i) the classification of a road hierarchy in the region; I (ii) all uses .within 500 metres -0f a de~ignated major road shall require the consent of the Responsible Authority; (iii ) where pract i ca 1 , a 11 access s ha 11 be obtained from mi nor f I .roads and egress onto the highway shall be minimised. (13) . Areas of Special Significance I Purpose: To designate specific areas of natural beauty, interest and I importance in conjunction with the provisions of zones. Control: (i) Pursuant to sections BA and SB of the Town and Country I Planning Act, ~~eas may be designated "Areas of Special Significances"; · (ii) Permission from the Responsible Authority shall be I required to use or develop.the:land in a manner .which ·would be detrimental to the unique qualities of an area. I This control may be used by a Responsible Authority where it recognises the need for some additional controls to protect or enhance a particul~r area or item·~hich has some special signi­ ficance - eg. an area of natural beauty, a historic·site or I monument, a feature of: scientific or geblbgical interest etc. ,_ I I I I I I I I I I APPENDIX E I RURAL RATING ENQUIRY The ColTITlittee believes that there are a number of possible changes I to the ·rat.ing system which could be made: 1. A change to the system to allow for a valuation to be I determined on the value of the site for.its present use (for example, farming,) rather than its· highest and .best I use (this is, market value); 2. Int_roduce and use a greater variety. o.t" rating categories which take account of the present use of land. This would I ~equire a system of zoning; perhaps related to planning sch~me zoning to ensure that the categofie~ are sufficient I to cover all types of land use. For success, there would need to be an acceptance .of land use plan~ing in rural I areas combined with a belief that planning· schemes zones reflect the land use; I 3. Extend the period of the back payment of rates. on land ~hich changes from rural to urbah use; 4. The replacement of the present r'ating. sy$tem with some other I method of financing local government. I For.example income tax. \.. CONCLUSION I On the basis of the foregoing it would appear that the following courses of acti6n warrant furth~r inves~igatio~s. ,I 1. Restructuring the system under whiGh local government is funded.to reduce the proportional liability of ratepayers; and

I 2. Extending the flexibility provi~ed for under.the 'pre~ent I system and facilitating the mo~~ widespread use of it. I I I I I I /\PPE!!DIX F . RURAL LAND USE !:_J\PPil'IG PiWGllAMME

I The process of mapping the f~ctGrs involve:

( 1} defining t:1I.! existing land uses on a 1:50,000 Shire map. The areas I or units dGf1ned will each have u land us~ code number.

(2) ~roductivity· ratings for each unit ar~ then determined giving a second I cod·~ nur:1ber: (3) versi.!tility ratings are then given providing.·a.,.third code number.

I (4) f; fourth code number .is added if there is a parti.cular non-physical. criteria to be noted. If there is no such criteria a zero is used. I f, milp i~ produced.'to show each of these fo'ur criteria which leads to the product ion of a fi na 1 map i ndi ca ting agri cul tura 1 1a·nd quality. I An example of a druft map for the Shi re of f ietca 1fe is shown here.

Fig. 1 Shows a~ricultural land units with their respective land USt code numbers for each of the·four factors. For example, the I area . coded 3410 is derived . from · - (1) Existing land use - rating 3 =Grazing; wool, sometimes I beef, other gr.aZi ng anuma.1 s. . (2) Prodoctiv_ity - rating 4 = medium - 12~ D.S.E./acre . (irrigation) I 3~ D.S.E./acre . (no irrigation). '3). ' I \ . Versatility •. rating 1 = low versatility, few ·alternative l. land uses. I (4) Non-physical criteria - rating o·= no effect. ' Fis. 2 Shows the composite regional agric~l tura·l q_uai ity map on which I rural land use policies would be based. . . . . Uote that the area described above as rating 3410 is generally 'I graded as being of 10\'1 a9ricultural quality. . . .· i·!OTE The maps shown. here as an exar.1ple of the rura·l mapping prograrm1e are only 2 of the ultimate G mar>s which are produced and are only I a draft at reduced scale for illustrative purposes only.· The final maps produced \·mulci be at a 1:!;0,000 scale and in considerably I more detail. I I I I r ------,. -. ------... -

·Low·

,~.STATE. FOREST

AGRICULTURAL LAND UNITS REGIONAL AGRICU~TURAL QUALITY (OR.AFT MAP) . (DRAFT MAP) l •1 TOWN AND COUNTRY I ! PLANNING Br- ,ii. ; D µ /~:~ .. ,; ~ LIB ARY ~ I J I I I I I I I I 1 I I I I I I I

711• 3oqq 1.J.-S-fo I cAS:R.. I