Planning and Environment Act 1987 SWAN HILL PLANNING SCHEME AMENDMENT C65 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Swan Hill Rural City Council, is the planning authority for this amendment. The Amendment has been made at the request of Swan Hill Rural City Council and in part by the Department of Environment, Land, Water and Planning. Land affected by the Amendment The Amendment applies to the following parcels of land throughout the municipality: • Crown Allotment 23G, Parish of Woorinen. • Karinie Street, Swan Hill (Lot 2, PS740467) • 15 Gray Street, Swan Hill (CA 1B, Section 12A, Parish of Castle Donnington). • River Road, Swan Hill (Lot 1, TP666310F). • 330 River Road, Swan Hill (Lot 1, PS121308). • Crown Allotments 21B, 20B 18A of Section 3 and Crown Allotments 9A, 10A, 11A, 12A, 13A, 14A, and 15A of Section 1, All Parish of Tyntynder North. • Part of Crown Land adjacent to Nyah-Vinifera Park Government Road adjoining Crown Allotments 9 and 9A, Section 1, Parish of Tyntynder North. • Part of Crown Allotment 2026, Parish of Tyntynder North. • Crown Allotment 2005, Parish of Tyntynder North. • Part of Crown Allotment 2019, Parish of Piangil. • Crown Allotments 92A and 89A, Section B, Parish of Bumbang. • Crown Allotment 75, Parish of Bumbang. • Crown Allotment 24, Section B, Parish of Bumbang. • Crown Allotment 23D, Section B Parish of Bumbang. What the amendment does The Amendment would correct a number of zoning anomalies primarily with regards to rezoning freehold land from a public use zone to Farming Zone and vice versa. Specifically, the Amendment would result in the following changes to the Swan Hill Planning Scheme: • Rezones Crown Allotment 23G, Parish of Woorinen from Public Use Zone 6 – Local Government to Public Park and Recreation Zone. • Rezones a property along Karinie Street, Swan Hill (Lot2, PS740467) from Commercial 2 Zone to Public Use Zone 1. • Deletes the Design and Development Overlay, Schedule 7 from a property along Karinie Street, Swan Hill (Lot2, PS740467). • Rezones 15 Gray Street, Swan Hill (CA 1B, Section 12A, Parish of Castle Donnington) from General Residential Zone to Public Park and Recreation Zone. • Rezones River Road, Swan Hill (Lot 1, TP666310F) from Public Conservation and Resource Zone to Farming Zone. • Rezones 330 River Road, Swan Hill (Lot 1, PS121308) from Special Use Zone 1 to Farming Zone. • Rezones allotments 21B, 20B 18A of Section 3 and 9A, 10A, 11A, 12A, 13A, 14A, and 15A of Section 1, All Parish of Tyntynder North from Public Conservation and Resource Zone to Farming Zone. • Rezones part of Crown Land adjacent to Nyah-Vinifera Park Government Road adjoining Allotments 9 and 9A, Section 1, Parish of Tyntynder North from Public Conservation and Resource Zone to Farming Zone. • Rezones part of Crown Allotment 2026, Parish of Tyntynder North from Public Conservation and Resource Zone to Farming Zone. • Rezones Crown Allotment 2005, Parish of Tyntynder North from Public Conservation and Resource Zone to Farming Zone. • Rezones part of Crown Allotment 2019, Parish of Piangil from Farming Zone to Public Conservation and Resource Zone. • Rezones Crown Allotment 92A and 89A, Section B, Parish of Bumbang from Farming Zone to the Public Conservation and Resource Zone. • Rezones Crown Allotment 75, Parish of Bumbang from Farming Zone to the Public Conservation and Resource Zone. • Rezones Crown Allotment 24, Section B, Parish of Bumbang from Farming Zone to the Public Conservation and Resource Zone. • Rezones Crown Allotment 23D, Section B Parish of Bumbang from Farming Zone to the Public Use Zone 5 – Cemetery/Crematorium. Strategic assessment of the Amendment Why is the Amendment required? The Amendment is required to correct a number of minor zoning anomalies in the Swan Hill Planning Scheme. • Crown Allotment 23G, Parish of Woorinen from Public Use Zone 6 – Local Government. The request has been made by the Department of Environment, Land, Water and Planning as the land is Crown Land reserved for Public Recreation and held under a locally appointed Committee of Management. • Rezones a property along Karinie Street, Swan Hill (Lot2, PS740467) from Commercial 2 Zone to Public Use Zone 1 and deleting the Design and Development Overlay, Schedule 7. This narrow strip of land is part of the existing Swan Hill Sales Yard and is used as a stock route. The subject land is to be consolidated with rest of the Swan Hill Sales Yard property being Lot 3, PS740467 located immediately to the west. The Design and Development Overlay, Schedule 7 that is to be deleted refers to the Commercial 2 Zone Highway Entrances, which is not applicable to the subject land as it is used in conjunction with the Sales Yard property. • 15 Gray Street, Swan Hill (CA 1B, Section 12A, Parish of Castle Donnington) Department of Environment, Land, Water and Planning own the land and Swan Hill rural City Council are the Committee of Management. The land is currently used as indoor recreation centre. The site is part of a larger area zones Public Park and Recreation Zone and used by the Swan Hill Jockey Club amongst other public recreation uses. • Part of River Road, Swan Hill (Lot 1, TP666310F) Part of the land is currently used as a road and the rest as freehold land. Farming Zone would most accurately reflect the current use of the land. • 330 River Road, Swan Hill (Lot 1, PS121308) The land is not used by the Swan Hill Abattoirs. It is owned by Mr and Mrs S A & K A Hoare, who is residing on the land and using it as a rural residential property. Farming Zone would most accurately reflect the current use of the land given its location. • Crown Allotments 21B, 20B 18A of Section 3 and Crown Allotments 9A, 10A, 11A, 12A, 13A, 14A, and 15A of Section 1, All Parish of Tyntynder North. The request has been made by the Department of Environment and Primary Industries – Loddon Mallee Region to recognise the freehold status of the former Crown Land that was sold to respective landowners in 1974. • Part of Crown Land adjacent to Nyah-Vinifera Park Government Road adjoining Crown Allotments 9 and 9A, Section 1, Parish of Tyntynder North. The rezone is supported by the Department of Environment, Land, Water and Planning. • Part of Crown Allotment 2026, Parish of Tyntynder North. The rezoning is supported by the Department of Environment, Land, Water and Planning. • Crown Allotment 2005, Parish of Tyntynder North. The request has been made by the Department of Environment and Primary Industries – Loddon Mallee Region to allow for sale of the land to the adjoining landowner under the provisions of the Land Act 1958, once sold it will come under the transfer of Land Act. The site was identified in the Nyah-Vinifera Park Country of Tatchera Plan 2009 as “not park” and surplus to Government requirements. • Part of Crown Allotment 2019, Parish of Piangil. The request has been made by the Department of Environment, Land, Water and Planning as the land is Crown Land reserved for Public purposes as part of the Murray River Permanent Public Purposes Reserve. • Crown Allotments 92A and 89A, Section B, Parish of Bumbang. The request has been made by the Department of Environment, Land, Water and Planning as the land is Crown Land with a VEAC River Red Gum recommendation of Murray Rover Park and is managed by Parks Victoria. • Crown Allotment 75, Parish of Bumbang. The request has been made by the Department of Environment, Land, Water and Planning as the land is Crown Land and a VEAC River Red Gum recommendation of Murray River Park and is managed by Parks Victoria. • Crown Allotment 24, Section B, Parish of Bumbang. The request has been made by the Department of Environment, Land, Water and Planning as the land is Crown Land. • Crown Allotment 23D, Section B, Parish of Bumbang. The request has been made by the Department of Environment, Land, Water and Planning as the land is Crown Land reserved for cemetery purposes. How does the Amendment implement the objectives of planning in Victoria? The amendment corrects a number of minor zoning anomalies ensuring the planning scheme provisions are correctly applied, and implements the objectives of planning in Victoria as identified in Section 4 of the Planning and Environment Act 1987 as follows: • To provide for the fair, orderly, economic and sustainable use, and development of land • To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria • to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; • to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; • To balanced the present and future interests of all Victorians How does the Amendment address any environmental, social and economic effects? The amendment is not expected to have any environmental effects. The amendment is expected to have positive economic and social benefits for the Rural City of Swan Hill by correcting a number of anomalies in the Swan Hill Planning Scheme. Does the Amendment address relevant bushfire risk? The land identified in the amendment is not affected by bushfire risk. As such this amendment does not address bushfire risks. Does the Amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Planning and Environment Act 1987. The amendment is consistent with the Ministerial Direction No. 11 – Strategic Assessment of Amendments. How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy? The amendment is consistent with the State Planning Policy Framework with particular regard to its objectives for Settlement (Clause 11), Environmental and Landscape Values (Clause 12), Built Environment and Heritage (Clause 15), Housing (Clause 16) and Infrastructure (Clause 19).