Planning and Environment Act 1987 GREATER SHEPPARTON PLANNING SCHEME AMENDMENT C102 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Greater Shepparton City Council which is the planning authority for this amendment. The amendment has been made at the request of the Greater Shepparton City Council. Land affected by the amendment. The amendment applies to various Council owned/operated properties throughout the municipality and to land at 256 Hickey Road, Katandra West. What the amendment does. The amendment proposes to: a) rezone the following properties from the Farming Zone (FZ) to the Public Park and Recreation Zone (PPRZ): − 305 Craven Road, Tatura East (Tatura East Tennis Courts) − 125 Harston Road, Harston (Harston Recreation Reserve) − 1530 Midland Highway, Pine Lodge (Cosgrove South Tennis Courts) − 485 Central Avenue, Shepparton East (Central Park) − 3560 Katamatite Main Road, Congupna (Congupna Recreation Reserve) − 4470 Barmah-Shepparton Road, Bunbartha (Bunbartha Recreation Reserve) − Smith Street, Tallygaroopna (Part of Tallygaroopna Recreation Reserve) b) rezone properties at 18A Devine Road, Kialla (Kialla West Reserve) and 135 Central Road, Kialla (Kialla Central Reserve) from the Low Density Residential Zone (LDRZ) to the Public Park and Recreation Zone (PPRZ). c) rezone the following properties from the Farming Zone (FZ) to the Public Use Zone 6- Local Government (PUZ6): − 286 Polan Road, Dookie (Dookie Mineralogical Reserve) − 315 Doyles Road, Orrvale (Council Depot) − 15 Cassidy Road, Murchison (Murchison Tip) − Part 7285 Midland Highway, Mooroopna (The Connection) − 770 Turnbull Road, Ardmona (Ardmona Transfer Station) − CA19, 20, Kialla Tip Road, Kialla (former Kialla tip) − 205 Cosgrove-Lemnos Road, Cosgrove (Cosgrove 1 Tip Site) − 200 Cosgrove-Lemnos Road, Cosgrove (Cosgrove 2 Tip Site) − 506 Central Avenue, Orrvale (Isobel Pearce Kindergarten) d) rezone the property at 61-99 Morrissey Street, Merrigum (Merrigum Swimming Pool and Recreation Reserve), from the Public Use Zone 4-Transport (PUZ4) and the Township Zone (TZ) to the Public Park and Recreation Zone (PPRZ). e) rezone property at 24 Morrell Street, Mooroopna (Mooroopna Swimming Pool) from the Residential 1 Zone (R1Z) to the Public Park and Recreation Zone (PPRZ). f) Rezone the following properties from the Township Zone (TZ) to the Public Park and Recreation Zone (PPRZ): - Smith Street, Tallygaroopna (Part of Tallygaroopna Recreation Reserve) - 3560 Katamatite Main Road, Congupna (Part of Congupna Recreation Reserve) g) apply a Public Acquisition Overlay (PAO) to land at 256 Hickey Road, Katandra West (part of Katandra West Recreation Reserve). Strategic assessment of the amendment • Why is the amendment required? Council officers have undertaken a review of the current zoning of Council-owned properties and have found that a number of properties are inappropriately zoned. This amendment is required to reflect the public ownership of the land and as well as its current usage and to provide for the ongoing development of the properties. • How does the amendment implement the objectives of planning in Victoria? (S.4 of the Planning and Environment Act 1987) This amendment will implement objective 4(1)(a) by correcting existing anomalies in the planning scheme which will assist in providing for the fair, orderly, economic and sustainable use, and development of land. The current zonings of the affected properties limit the future use and/or development of the land for Council purposes. • How does the amendment address the environmental effects and any relevant social and economic effects? It is anticipated that the amendment will have positive environmental, economic and social effects as it will provide for the ongoing use and development of parks and reserves, landfill sites and other Council owned/operated facilities. • Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment may be affected by Ministerial Direction No. 1-Potentially Contaminated Land under section 12 of the Planning and Environment Act 1987. Minister’s Direction No. 1 under the Planning and Environment Act 1987 applies to the preparation of a planning scheme or amendment which would have the effect of allowing land used or known to have been used for industry, mining or the storage of chemicals, gas, wastes or liquid fuel to be used for agriculture, public open space or a residential use, a child care centre, a pre-school centre or a primary school. A number of the properties are within the Farming Zone and are to be rezoned to the Public Park and Recreation Zone which will provide for a sensitive use of the land. However, the properties are already developed and used for recreational purposes and land contamination issues would have been addressed as part of their development process. In view of this, it is not considered that any further environmental assessment is warranted. This amendment is merely correcting an inappropriate zoning on land which is already developed and used for recreational or other municipal purposes. The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Act. • How does the amendment support or implement the State Planning Policy Framework (SPPF)? The amendment is consistent with the SPPF, particularly: • Clause 11.03-4 of the State Planning Policy Framework (SPPF) which requires that “planning for development of urban physical and community infrastructure should enable it to be provided in a way that is efficient, equitable, accessible and timely”; and • Clause 11.03-6 of the SPPF which states that “Planning is to recognise social needs by providing land for a range of accessible community resources, such as affordable housing, places of employment, open space, and education, cultural, health and community support (mental, aged, disabled, youth and family services) facilities”. • Clause 14.01-1 which aims to facilitate the orderly development of urban areas. • Clause 15.10-1 which aims to assist in the creation of a diverse and integrated network of public open space commensurate with the needs of urban communities and rural areas. The amendment will support the aims and objectives outlined by enabling Council-owned land to be correctly identified as public land. It will also facilitate the ongoing development of community facilities. • How does the amendment support or implement the Local Planning Policy Framework (LPPF)? The amendment is consistent with the LPPF, particularly: • Clause 21.05-2 – which seeks to ensure that facilities, services and policies are appropriate to the sporting and recreation needs of the community. • Clause 21.04-3 - In relation to the proposed rezoning of land and the application of the PAO which represent extensions to Recreation Reserves at Tallygaroopna and Congupna, the MSS includes a strategy to ‘Promote development in accordance with the attached Framework Plans’. In each of these cases the rezoning of the land to Township Zone would result in the rezoning of land which is outside the Settlement Boundary which would not be consistent with the strategy to ‘Provide a settlement boundary beyond which additional urban growth and rezoning should not be supported except in the context of a comprehensive review of this strategy’. However, in the case of Tallygaroopna, the land is identified in the framework plan as ‘Recreation Reserve’ and the remaining properties are already used for recreational purposes. In view of this, and to avoid dual zonings where separate parcels of land which make up a reserve, it is proposed to rezone the whole of the two reserves to PPRZ. The amendment will support the LPPF by correctly zoning land for public use and providing for the ongoing use and development of reserves and service facilities. • Does the amendment make proper use of the Victoria Planning Provisions? Many of the Council’s properties are located within the FZ, the purpose of which is to provide for the use of land for agriculture. The FZ provisions do not generally provide for the future development of the Council’s service facilities such as transfer stations, landfill sites and Council Depots. It is therefore appropriate to rezone them to the PUZ6, which is specifically designed for Local Government facilities and which is appropriate to their current use. Many Council reserves are also included in the FZ and although the zone provides for leisure and recreation facilities, the purpose of the Farming Zone is primarily to provide for the use of land for agriculture. In view of this, it is considered that the land should be rezoned to the PPRZ which specifically recognises areas for public recreation and open space. One property is within the R1Z and two are within the LDRZ. Of these properties, two are recreation reserves and the other property is a swimming pool. Given that the R1Z and the LDRZ seek residential outcomes, these properties should be included in the PPRZ. The Merrigum Swimming Pool and Recreation Reserve are currently zoned PUZ4-Transport, which is not an appropriate zone. The PUZ4 is specifically for public land that is used for transport purposes, such as railways. This land is to be included in the Public Park and Recreation Reserve (PPRZ). In regard to the property at 256 Hickey Road, Katandra West, it is proposed to apply a Public Acquisition Overlay (PAO) to enable the land to be acquired by the Council. The subject land was gifted to the former Shire of Tungamah in 1974. However, the Transfer of land executed by the landowners to the Shire was never lodged with the Titles Office and the landowner is subsequently deceased. In order for the Council to attain the title to the land, legal advice has been obtained that the best course of action is for the land to be acquired. The first stage in the acquisition process is to apply a Public Acquisition Overlay to the site. • How does the amendment address the views of any relevant agency? In this case, the Council is the only agency affected as the land is already developed and the rezoning is being undertaken to recognise the existing development.