Application for Planning Permit for a Subdivision

Supplied by Angela Plazzer Submitted Date 28/03/2019

Application Details Application Type Planning Permit for a Subdivision Version 1 Applicant Reference Number H001519 TH Application name or Estate name Dennis Hobbs Responsible Authority Name Yarriambiack Shire Council Responsible Authority Reference Number(s) TP17-19, TP17-19 SPEAR Reference Number S135507H Application Status Lodged with Responsible Authority Planning Permit Issue Date NA Planning Permit Expiry Date NA

The Land Primary Parcel 82 AUBREY ROAD, WARRACKNABEAL VIC 3393 Lot 1/Plan TP118507 SPI 1\TP118507 CPN 5348 Zone: 35.07 Farming 42.01 Environmental Overlay: Significance

The Proposal Plan Number (Not Supplied) Number of lots 2 Proposal Description 2 lot subdivision Estimated cost of the development for which a permit is required $ 0

Existing Conditions Existing Conditions Description The subject site comprises farmland and an existing dwelling Title Information - Does the proposal breach an encumbrance on Encumbrances on title, such as a restrictive Title? covenant, section 173 agreement or other obligation such as an easement or building envelope do not apply.

Applicant Contact Applicant Contact Mr Tom Hardman Ferguson Perry Surveying Pty Ltd 62 McLachlan Street, Horsham, VIC, 3400 Business Phone: 03 5382 2023 Email: [email protected]

Applicant Applicant Mr Dennis Hobbs

SPEAR S135507H Printed: 02/04/2019 Page 1 of 2 82 Aubrey Road, Warracknabeal, VIC, Australia Mobile Phone: 0436 411 463 Email: [email protected]

Owner Owner Graham Leslie Hobbs Aubrey Road, Warracknabeal, VIC, Australia

Declaration I, Angela Plazzer, declare that the owner (if not myself) has been notified about this application. I, Angela Plazzer, declare that all the information supplied is true.

Authorised by Angela Plazzer Organisation Ferguson Perry Surveying Pty Ltd

SPEAR S135507H Printed: 02/04/2019 Page 2 of 2 Copyright State of . This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958 ------ VOLUME 09804 FOLIO 054 Security no : 124075868970G Produced 25/01/2019 10:42 AM

LAND DESCRIPTION ------ Lots 1 and 2 on Title Plan 118507U (formerly known as Crown Allotment 21, part of Crown Allotment 24 Parish of Werrigar). PARENT TITLE Volume 07111 Folio 142 Created by instrument N258509X 27/01/1988

REGISTERED PROPRIETOR ------ Estate Fee Simple Sole Proprietor GRAHAM LESLIE HOBBS of AUBREY ROAD WARRACKNABEAL N258509X 27/01/1988

ENCUMBRANCES, CAVEATS AND NOTICES ------

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION ------ SEE TP118507U FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS ------

NIL

DOCUMENT END

Delivered from the LANDATA® System by InfoTrack Pty Ltd.

The information supplied by Feigl & Newell Pty. Ltd. has been obtained from InfoTrack Pty Limited by agreement between them. The information supplied has been obtained by InfoTrack Pty Limited who is licensed by the State to provide this information.

EXISTING DAM DWELLING SHEDS 20

SCALE 1:7500

75 0 75 150 225 300 375 LENGTHS ARE IN METRES

NOTATIONS THE DIMENSIONS SHOWN HEREON ARE APPROXIMATE AND ARE SUBJECT TO SURVEY. PLAN OF PROPOSED SUBDIVISION

Ferguson Perry Surveying Pty Ltd SHOWING EXISTING FEATURES 62 McLachlan Street Horsham, Victoria 3400 ABN 76126 194 483 COUNTY OF BORUNG T (03) 5382 2023 SURVEYORS REF. OFFICE USE ONLY F (03) 5381 1544 E [email protected] PARISH OF WERRIGAR A member of Alexander Symonds Group Ferguson Perry H001519 + Property + Land Development + Surveying + Construction + Mining + 07-02-19 CROWN ALLOTMENT 21, 24 (PART) + Spatial Information Management + DRAWN BY: B.F. ORIGINAL SHEET SIZE A3 Ferguson Perry Surveying Pty Ltd ABN 76 126 194 483 + 62 McLachlan Street Horsham VIC 3400 + T (03) 5382 2023 + F (03) 5381 1544 + E [email protected]

Our Ref: H001519 Your Ref:

PLANNING REPORT

Proposed 2 Lot Subdivision at 82 Aubrey Road, Warracknabeal

SUPPORTING DOCUMENTS IN SPEAR

• Plan of Proposed Subdivision • Existing Features Plan • Copy of Title Search • Plan Showing Existing Features • Planning Property Report

Our reference number H001519 Date 22/02/2019 Prepared by Angela Plazzer Bachelor Urban, Rural and Environmental Planning, La Trobe University Planning Manager/Office Manager, Ferguson Perry Surveying Pty Ltd

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Contents 1. Introduction ...... 4 2. Application details...... 5 3. Site and surrounds ...... 5 4. Proposal ...... 6 5. Permit triggers ...... 6 6. Planning provisions ...... 7 Farming Zone ...... 7 7. Planning Policy Framework ...... 10 8. Clause 65 Decision Guidelines ...... 10 9. Conclusion ...... 11

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1. Introduction

This application seeks a planning permit for a two-lot subdivision of Lot 1 on Title Plan 118507U also known as 82 Aubrey Rd, Warracknabeal. The land is described in Certificate of Title Volume 09804 Folio 054.

The land is zoned Farming Zone (FZ) and is not affected by any overlays. This report provides a response to the requirements of the FZ and the Decision Guidelines of Clause 65 as well as relevant policies of the Yarriambiack Planning Scheme.

Figure 1 Subject site outlined in blue (DELWP)

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2. Application details

Lot and plan number: Lot 1/TP118507U Address: 82 Aubrey Road, Warracknabeal Proposal: Two-lot subdivision Scheme: Yarriambiack Planning Scheme Zone: Farming Zone

3. Site and surrounds

Figure 2 Aerial photo of site (DELWP)

The subject site, comprising Lot 1 on Title Plan 118507U, is located approximately 4km north-west of the small farming community of Warracknabeal. The site has a total area of 163.1ha and is rectangular in shape.

Lot 1 contains a single dwelling, several sheds and dams and scattered remnant native vegetation with the remainder of the land used for farming. Lot 1 is bound by Langleys Rd to the north, Snake Ln to the west and Aubrey Rd to the south. The eastern boundary of the lot abuts farmland.

Access to Lot 1 is taken from Aubrey Rd and the topography of the land is generally flat. The surrounding area comprises land in the Farming Zone (FZ) that is mostly used for cropping and grazing interspersed with dwellings. Nearby lots in the FZ vary in shape and size up to around 270ha.

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4. Proposal

A two-lot subdivision of the land is proposed to effect the realignment of boundaries and confine all land used by the existing dwelling to proposed Lot 1 and all land used for farming to proposed Lot 2.

Lot 1 on the proposed Plan of Subdivision will have an area of 6.23ha and will contain the existing dwelling, sheds, dam and farmland. The frontage of proposed Lot 1 to Aubrey Rd in the south spans 279m. Access to proposed Lot 1 will be taken from Aubrey Rd. Proposed Lot 1 is bound by farmland on Proposed Lot 2 to the north, east and west and Aubrey Rd to the south.

Proposed Lot 2 will have an area of 123.2ha. The land on proposed Lot 2 will continue to be used for farming and access will be taken from Aubrey Rd. Proposed Lot 2 is bound by Snake Ln the west, Langleys Rd to the north, farmland to the east and Aubrey Rd and proposed Lot 1 to the south. The frontage of proposed Lot 1 to Aubrey Rd in the south spans 515.6m.

The application does not propose any new development or change in use and no vegetation will be removed to facilitate the proposed subdivision. Both proposed lots will be serviced by existing infrastructure and utilities. Please see the Plan of Proposed Subdivision attached with this application on SPEAR.

5. Permit triggers

A permit is required under Clause 35.07-3 of the FZ to subdivide land. The minimum subdivision area for all land in the FZ is 40ha, as specified in the schedule to the FZ.

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6. Planning provisions

Figure 3 Zoning map (DELWP)

Farming Zone The purpose of the Farming Zone outlined at Clause 35.07 is: • To implement the Municipal Planning Strategy and the Planning Policy Framework. • To provide for the use of land for agriculture. • To encourage the retention of productive agricultural land. • To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. • To encourage the retention of employment and population to support rural communities. • To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. • To provide for the use and development of land for the specific purposes identified in a schedule to this zone. Comment

The proposal is in keeping with the purpose of the FZ as all productive agricultural land will be retained and will continue to be used for farming. The proposed subdivision follows the existing fence line that seperates the land used for farming and the existing dwelling.

Proposed Lot 2 achieves the minimum area for subdivision specified for the land in a schedule to the FZ of 40ha. Proposed Lot 1 does not meet the minimum area for subdivision however Clause 35.07-3 states that a permit may be granted to create smaller lots if the subdivision is to create a lot for an existing dwelling and is a two-lot subdivision or the subdivision is the re-subdivision of existing lots and the number of lots is not increased.

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The purpose of the subdivision is to facilitate a restructure of the farming operation by providing separate lots for the existing dwelling and the productive agricultural land. A response to the relevant Decision Guidelines of the FZ is in Table 1 below.

Table 1 Farming Zone Decision Guidelines

Issue Comment General issues As discussed in the body of this report, • The Municipal Planning Strategy and the Planning the proposal is in line with the directions Policy Framework. set out in the Yarriambiack Planning • Any Regional Catchment Strategy and associated plan Scheme, particularly Clause 11 applying to the land. (Settlement) and Clause 14.01-1S • The capability of the land to accommodate the (Protection of agricultural land). It is proposed use or development, including the disposal understood that there is no strategy or of effluent. plan associated with the • How the use or development relates to sustainable Regional Catchment Strategy which is land management. relevant to the consideration of this • Whether the site is suitable for the use or proposed subdivision. development and whether the proposal is compatible with adjoining and nearby land uses. The proposed subdivision will not result • How the use and development makes use of existing in a change of use of the land nor will it infrastructure and services impact on adjoining and nearby land uses. The dwelling on proposed Lot 1 is serviceable by existing electricity, water and telecommunications utilities. Both proposed lots will make use of existing access and roads. Agricultural issues and the impacts from non- The proposed subdivision will support agricultural uses the continued use of the land for • Whether the use or development will support and farming on the proposed Lot 2 alongside enhance agricultural production. the use of the existing dwelling on • Whether the use or development will adversely proposed Lot 1. affect soil quality or permanently remove land from agricultural production. The capacity of the land on proposed Lot • The potential for the use or development to limit the 2 to sustain agricultural uses and the operation and expansion of adjoining and nearby agricultural qualities of the land will not agricultural uses. be affected by the proposal as the • The capacity of the site to sustain the agricultural current use of the land will not be use. changed. • The agricultural qualities of the land, such as soil quality, access to water and access to rural The proposal will not limit the operation infrastructure. and expansion of adjoining and nearby • Any integrated land management plan prepared for agricultural uses. An integrated land the site. management plan has not been prepared for the site as it is not considered relevant to the proposal. Dwelling issues All productive agricultural land will be • Whether the dwelling will result in the loss or contained on proposed Lot 2. The fragmentation of productive agricultural land. amenity of the existing dwelling will be • Whether the dwelling will be adversely affected by protected as a sufficient buffer distance agricultural activities on adjacent and nearby land of at least 100m is provided on all sides 8

due to dust, noise, odour, use of chemicals and farm from the existing dwelling to farming machinery, traffic and hours of operation. activities on nearby and adjoining land. • Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby The development of further dwellings is agricultural uses. not contemplated by the proposal and • The potential for the proposal to lead to a the operation of existing adjoining and concentration or proliferation of dwellings in the area nearby agricultural uses will not be and the impact of this on the use of the land for adversely impacted or prejudiced by the agriculture. proposed subdivision. Environmental issues The physical features and resources of • The impact of the proposal on the natural physical the area, including soil and water features and resources of the area, in particular on quality, will not be impacted by the soil and water quality. proposed subdivision. The existing • The impact of the use or development on the flora native vegetation on the site will be and fauna on the site and its surrounds. retained and there will be no impacts on • The need to protect and enhance the biodiversity of existing flora and fauna as a result of the the area, including the retention of vegetation and proposal. faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area. • The location of on-site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation. Design and siting issues The proposed subdivision will not result • The need to locate buildings in one area to avoid any in the loss of any productive agricultural adverse impacts on surrounding agricultural uses and land and farming will continue to be to minimise the loss of productive agricultural land. carried out on proposed Lot 2. • The impact of the siting, design, height, bulk, colours and materials to be used, on the natural There will be no impact on the environment, major roads, vistas and water features appearance of the area as there is no and the measures to be undertaken to minimise any new development contemplated. adverse impacts. • The impact on the character and appearance of the The subdivision has been designed to area or features of architectural, historic or scientific follow the existing fence line which significance or of natural scenic beauty or separates the land used for the dwelling importance. from the farmland. • The location and design of existing and proposed infrastructure including roads, gas, water, drainage, Both lots can be serviced by existing telecommunications and sewerage facilities. infrastructure and there will be no • Whether the use and development will require traffic traffic management measures required management measures. for the proposed subdivision.

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7. Planning Policy Framework

Clause 11 (Settlement) states that planning is to contribute towards economic viability and respond to community needs for housing and employment. The proposed subdivision aligns with this policy as it will allow for the continuation of farming on proposed Lot 2 and the use of the existing dwelling on the proposed Lot 1.

Clause 14.01-1S (Protection of agricultural land) seeks to protect Victoria’s agricultural base by preserving productive farmland. The proposed subdivision will achieve this objective as farming will continue to be carried out on the proposed Lots 1 and 2 and the long-term productive capacity of the land will not be impacted.

8. Clause 65 Decision Guidelines

Clause 65.01 (Approval of an application or plan)

Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate: • The matters set out in section 60 of the Act. The Municipal Planning Strategy and the Planning Policy Framework. • The purpose of the zone, overlay or other provision. • Any matter required to be considered in the zone, overlay or other provision. • The orderly planning of the area. • The effect on the amenity of the area. • The proximity of the land to any public land. • Factors likely to cause or contribute to land degradation, salinity or reduce water quality. • Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site. • The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to regenerate. • The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard. • The adequacy of loading and unloading facilities and any associated amenity, traffic flow and road safety impacts. Comment

All relevant clauses of the Yarriambiack Planning Scheme have been addressed by the applicant and the proposal is consistent with the objectives of planning in Victoria. As discussed in section 6 of this report, the proposed subdivision meets the purpose and requirements of the FZ as farming will continue to be carried out on the land.

The proposal will have no impact on the quality of water and stormwater within and exiting the site or the amenity of the area which consists mainly of farms. The proposal will not impact the natural physical features of the site or any native vegetation. The site is located within a Designated Bushfire Prone Area and the land will continue to be managed to mitigate the risk of bushfire to an acceptable level. 10

Clause 65.02 (Approval of an application to subdivide land)

Before deciding on an application to subdivide land, the responsible authority must also consider, as appropriate: • The suitability of the land for subdivision. • The existing use and possible future development of the land and nearby land. • The availability of subdivided land in the locality, and the need for the creation of further lots. • The effect of development on the use or development of other land which has a common means of drainage. • The subdivision pattern having regard to the physical characteristics of the land including existing vegetation. • The area and dimensions of each lot in the subdivision. • The design and siting of buildings having regard to safety and the risk of spread of fire. • The availability and provision of utility services, including water, sewerage, drainage, electricity and gas. • If the land is not sewered and no provision has been made for the land to be sewered, the capacity of the land to treat and retain all sewage and sullage within the boundaries of each lot. • Whether, in relation to subdivision plans, native vegetation can be protected through subdivision and siting of open space areas.

Comment

The land is suitable for the proposed subdivision as new lots will be serviced by existing infrastructure and utilities, including roads, access, water, telecommunications and electricity. The proposed subdivision will enable the continued use of the land for farming and will not impact on the agricultural use or future development or expansion of adjoining and nearby land. The application does not contemplate any new development and the use of the land will not change as a result of the proposed subdivision. The removal of vegetation is not proposed and there will be no increase in the risk of spread of fire or threats to safety as a result of the proposal.

9. Conclusion

The proposed subdivision meets the purpose and requirements of the FZ and will have an acceptable outcome with regard to state and local planning policies. It is considered that the proposed subdivision is suitable for the area and will allow for the current use of the land for farming and the existing dwelling to continue on separate lots.

The proposal does not have any foreseeable negative impacts on the surrounding land or the physical features of the site. On this basis, the proposed subdivision should be supported subject to fair and reasonable conditions.

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Ferguson Perry Surveying Pty Ltd ABN 76 126 194 483 + 62 McLachlan Street Horsham VIC 3400 + T (03) 5382 2023 + F (03) 5381 1544 + E [email protected]

Our Ref: H001519 Your Ref:

PLANNING REPORT

Proposed 2 Lot Subdivision at 82 Aubrey Road, Warracknabeal

SUPPORTING DOCUMENTS IN SPEAR

• Plan of Proposed Subdivision • Existing Features Plan • Copy of Title Search • Planning Property Report

Our reference number H001519 Date 05/04/2019 Prepared by Angela Plazzer Bachelor Urban, Rural and Environmental Planning, La Trobe University Planning Manager/Office Manager, Ferguson Perry Surveying Pty Ltd

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Contents 1. Introduction ...... 4 2. Application details...... 5 3. Site and surrounds ...... 5 4. Proposal ...... 6 5. Permit triggers ...... 6 6. Planning provisions ...... 7 Zoning ...... 7 Farming Zone ...... 7 7. Planning Policy Framework ...... 10 8. Clause 65 Decision Guidelines ...... 10 9. Conclusion ...... 11

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1. Introduction

This application seeks a planning permit for a two-lot subdivision of Lot 1 on Title Plan 118507U also known as 82 Aubrey Rd, Warracknabeal. The land is described in Certificate of Title Volume 09804 Folio 054.

The land is zoned Farming Zone (FZ) and is not affected by any overlays. This report provides a response to the requirements of the FZ and the Decision Guidelines of Clause 65 as well as relevant policies of the Yarriambiack Planning Scheme.

Figure 1 Subject site outlined in blue (DELWP)

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2. Application details

Lot and plan number: Lot 1/TP118507U Address: 82 Aubrey Road, Warracknabeal Proposal: Two-lot subdivision Scheme: Yarriambiack Planning Scheme Zone: Farming Zone

3. Site and surrounds

Figure 2 Aerial photo of site (DELWP)

The subject site, comprising Lot 1 on Title Plan 118507U, is located approximately 4km north-west of the small farming community of Warracknabeal. The site has a total area of 129.43ha and is rectangular in shape.

Lot 1 contains a single dwelling, several sheds and dams and scattered remnant native vegetation with the remainder of the land used for farming. Lot 1 is bound by Langleys Rd to the north, Snake Ln to the west and Aubrey Rd to the south. The eastern boundary of the lot abuts farmland.

Access to Lot 1 is taken from Aubrey Rd and the topography of the land is generally flat. The surrounding area comprises land in the Farming Zone (FZ) that is mostly used for cropping and grazing interspersed with dwellings. Nearby lots in the FZ vary in shape and size up to around 270ha.

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4. Proposal

A two-lot subdivision of the land is proposed to create a lot for an existing dwelling. The proposed subdivision will confine all land used by the existing dwelling to proposed Lot 1 and all land used for farming to proposed Lot 2.

Lot 1 on the proposed Plan of Subdivision will have an area of 6.23ha and will contain the existing dwelling, sheds, dam and farmland. The frontage of proposed Lot 1 to Aubrey Rd in the south spans 279m. Access to proposed Lot 1 will be taken from Aubrey Rd. Proposed Lot 1 is bound by farmland on Proposed Lot 2 to the north, east and west and Aubrey Rd to the south.

Proposed Lot 2 will have an area of 123.2ha. The land on proposed Lot 2 will continue to be used for farming and access will be taken from Aubrey Rd. Proposed Lot 2 is bound by Snake Ln the west, Langleys Rd to the north, farmland to the east and Aubrey Rd and proposed Lot 1 to the south. The frontage of proposed Lot 1 to Aubrey Rd in the south spans 515.6m.

The application does not propose any new development or change in use and no vegetation will be removed to facilitate the proposed subdivision. Both proposed lots will be serviced by existing infrastructure and utilities. Please see the Plan of Proposed Subdivision attached with this application on SPEAR.

5. Permit triggers

A permit is required under Clause 35.07-3 of the FZ to subdivide land. The minimum subdivision area for all land in the FZ is 40ha, as specified in the schedule to the FZ.

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6. Planning provisions

Zoning

Figure 3 Zoning map (DELWP)

Farming Zone The purpose of the Farming Zone outlined at Clause 35.07 is: • To implement the Municipal Planning Strategy and the Planning Policy Framework. • To provide for the use of land for agriculture. • To encourage the retention of productive agricultural land. • To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. • To encourage the retention of employment and population to support rural communities. • To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. • To provide for the use and development of land for the specific purposes identified in a schedule to this zone. Comment

The proposal is in keeping with the purpose of the FZ as all productive agricultural land will be retained and will continue to be used for farming. The proposed subdivision follows the existing fence line that separates the land used for farming and the existing dwelling.

Proposed Lot 2 achieves the minimum area for subdivision specified for the land in a schedule to the FZ of 40ha. Proposed Lot 1 does not meet the minimum area for subdivision however Clause 35.07-3 states that a permit may be granted to create smaller lots if the subdivision is to create a lot for an existing dwelling and is a two-lot subdivision.

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The purpose of the subdivision is to facilitate a restructure of the farming operation by providing separate lots for the existing dwelling and the productive agricultural land. A response to the relevant Decision Guidelines of the FZ is in Table 1 below.

Table 1 Farming Zone Decision Guidelines

Issue Comment General issues As discussed in the body of this report, • The Municipal Planning Strategy and the Planning the proposal is in line with the directions Policy Framework. set out in the Yarriambiack Planning • Any Regional Catchment Strategy and associated plan Scheme, particularly Clause 11 applying to the land. (Settlement) and Clause 14.01-1S • The capability of the land to accommodate the (Protection of agricultural land). It is proposed use or development, including the disposal understood that there is no strategy or of effluent. plan associated with the Wimmera • How the use or development relates to sustainable Regional Catchment Strategy which is land management. relevant to the consideration of this • Whether the site is suitable for the use or proposed subdivision. development and whether the proposal is compatible with adjoining and nearby land uses. The proposed subdivision will not result • How the use and development makes use of existing in a change of use of the land nor will it infrastructure and services impact on adjoining and nearby land uses. The dwelling on proposed Lot 1 is serviceable by existing electricity, water and telecommunications utilities. Both proposed lots will make use of existing access and roads. Agricultural issues and the impacts from non- The proposed subdivision will support agricultural uses the continued use of the land for • Whether the use or development will support and farming on the proposed Lot 2 alongside enhance agricultural production. the use of the existing dwelling on • Whether the use or development will adversely proposed Lot 1. affect soil quality or permanently remove land from agricultural production. The capacity of the land on proposed Lot • The potential for the use or development to limit the 2 to sustain agricultural uses and the operation and expansion of adjoining and nearby agricultural qualities of the land will not agricultural uses. be affected by the proposal as the • The capacity of the site to sustain the agricultural current use of the land will not be use. changed. • The agricultural qualities of the land, such as soil quality, access to water and access to rural The proposal will not limit the operation infrastructure. and expansion of adjoining and nearby • Any integrated land management plan prepared for agricultural uses. An integrated land the site. management plan has not been prepared for the site as it is not considered relevant to the proposal. Dwelling issues • Whether the dwelling will result in the loss or All productive agricultural land will be fragmentation of productive agricultural land. contained on proposed Lot 2. The • Whether the dwelling will be adversely affected by amenity of the existing dwelling will be agricultural activities on adjacent and nearby land protected as a sufficient buffer distance 8

due to dust, noise, odour, use of chemicals and farm of at least 100m is provided on all sides machinery, traffic and hours of operation. from the existing dwelling to farming • Whether the dwelling will adversely affect the activities on nearby and adjoining land. operation and expansion of adjoining and nearby agricultural uses. The development of further dwellings is • The potential for the proposal to lead to a not contemplated by the proposal and concentration or proliferation of dwellings in the area the operation of existing adjoining and and the impact of this on the use of the land for nearby agricultural uses will not be agriculture. adversely impacted or prejudiced by the proposed subdivision. Environmental issues The physical features and resources of • The impact of the proposal on the natural physical the area, including soil and water features and resources of the area, in particular on quality, will not be impacted by the soil and water quality. proposed subdivision. • The impact of the use or development on the flora and fauna on the site and its surrounds. The existing native vegetation on the • The need to protect and enhance the biodiversity of site will be retained and there will be no the area, including the retention of vegetation and impacts on existing flora and fauna as a faunal habitat and the need to revegetate land result of the proposal. including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area. • The location of on-site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation. Design and siting issues The proposed subdivision will not result • The need to locate buildings in one area to avoid any in the loss of any productive agricultural adverse impacts on surrounding agricultural uses and land and farming will continue to be to minimise the loss of productive agricultural land. carried out on proposed Lot 2. • The impact of the siting, design, height, bulk, colours and materials to be used, on the natural There will be no impact on the environment, major roads, vistas and water features appearance of the area as there is no and the measures to be undertaken to minimise any new development contemplated. adverse impacts. • The impact on the character and appearance of the The subdivision has been designed to area or features of architectural, historic or scientific follow the existing fence line which significance or of natural scenic beauty or separates the land used for the dwelling importance. from the farmland. • The location and design of existing and proposed infrastructure including roads, gas, water, drainage, Both lots can be serviced by existing telecommunications and sewerage facilities. infrastructure and there will be no • Whether the use and development will require traffic traffic management measures required management measures. for the proposed subdivision.

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7. Planning Policy Framework

Clause 11 (Settlement) states that planning is to contribute towards economic viability and respond to community needs for housing and employment. The proposed subdivision aligns with this policy as it will allow for the continuation of farming on proposed Lot 2 and the use of the existing dwelling on the proposed Lot 1.

Clause 14.01-1S (Protection of agricultural land) seeks to protect Victoria’s agricultural base by preserving productive farmland. The proposed subdivision will achieve this objective as farming will continue to be carried out on the proposed Lots 1 and 2 and the long-term productive capacity of the land will not be impacted.

8. Clause 65 Decision Guidelines

Clause 65.01 (Approval of an application or plan)

Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate: • The matters set out in section 60 of the Act. The Municipal Planning Strategy and the Planning Policy Framework. • The purpose of the zone, overlay or other provision. • Any matter required to be considered in the zone, overlay or other provision. • The orderly planning of the area. • The effect on the amenity of the area. • The proximity of the land to any public land. • Factors likely to cause or contribute to land degradation, salinity or reduce water quality. • Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site. • The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to regenerate. • The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard. • The adequacy of loading and unloading facilities and any associated amenity, traffic flow and road safety impacts. Comment

All relevant clauses of the Yarriambiack Planning Scheme have been addressed by the applicant and the proposal is consistent with the objectives of planning in Victoria. As discussed in section 6 of this report, the proposed subdivision meets the purpose and requirements of the FZ as farming will continue to be carried out on the land.

The proposal will have no impact on the quality of water and stormwater within and exiting the site or the amenity of the area which consists mainly of farms. The proposal will not impact the natural physical features of the site or any native vegetation. The site is located within a Designated Bushfire Prone Area and the land will continue to be managed to mitigate the risk of bushfire to an acceptable level. 10

Clause 65.02 (Approval of an application to subdivide land)

Before deciding on an application to subdivide land, the responsible authority must also consider, as appropriate: • The suitability of the land for subdivision. • The existing use and possible future development of the land and nearby land. • The availability of subdivided land in the locality, and the need for the creation of further lots. • The effect of development on the use or development of other land which has a common means of drainage. • The subdivision pattern having regard to the physical characteristics of the land including existing vegetation. • The area and dimensions of each lot in the subdivision. • The design and siting of buildings having regard to safety and the risk of spread of fire. • The availability and provision of utility services, including water, sewerage, drainage, electricity and gas. • If the land is not sewered and no provision has been made for the land to be sewered, the capacity of the land to treat and retain all sewage and sullage within the boundaries of each lot. • Whether, in relation to subdivision plans, native vegetation can be protected through subdivision and siting of open space areas.

Comment

The land is suitable for the proposed subdivision as new lots will be serviced by existing infrastructure and utilities, including roads, access, water, telecommunications and electricity. The proposed subdivision will enable the continued use of the land for farming and will not impact on the agricultural use or future development or expansion of adjoining and nearby land.

The application does not contemplate any new development and the use of the land will not change as a result of the proposed subdivision. The removal of vegetation is not proposed and there will be no increase in the risk of spread of fire or threats to safety as a result of the proposal.

9. Conclusion

The proposed subdivision meets the purpose and requirements of the FZ and will have an acceptable outcome with regard to state and local planning policies. It is considered that the proposed subdivision is suitable for the area and will allow for the current use of the land for farming and the existing dwelling to continue on separate lots.

The proposal does not have any foreseeable negative impacts on the surrounding land or the physical features of the site. On this basis, the proposed subdivision should be supported subject to fair and reasonable conditions.

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Form 2

NOTICE OF APPLICATION FOR PLANNING PERMIT

The land affected by the application is 82 Aubrey Rd, Warracknabeal located at: Being Lot 1 TP118507

The application is for a permit to: 2 Lot Subdivision

The applicant for the permit is: Dennis Hobbs

The application reference number is: TP17-19

Shire of Yarriambiack, 34 Lyle Street,

Warracknabeal or on Council’s Web site: You may look at the application and any http://www.yarriambiack.vic.gov.au/planning/ documents that support the application planning-applications-on-public-exhibition. at the office of the responsible authority. This can be done during office hours and is

free of charge

The Responsible Authority will not decide on the application before: 22 April 2019

Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority. An objection must be made to the responsible authority in writing, include the reasons for the objection and state how the objector would be affected. The responsible authority must make a copy of every objection available at its office for any person to inspect during office hours free of charge until the end of the period during which an application may be made for review of a decision on the application.

If you object, the Responsible Authority will tell you its decision.

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