Planning and Environment Act 1987 s1

Planning and Environment Act 1987

Wodonga PLANNING SCHEME

AMENDMENT C97

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Wodonga City Council, which is the planning authority for this amendment.

The amendment has been made at the request of Wodonga City Council.

Land affected by the amendment

The amendment affects 83 properties within the urban and rural areas of the City of Wodonga, comprising 45 ‘individually significant heritage places’ (individual sites) and 1 ‘heritage precinct’ (comprising a cluster of 38 properties).

What the amendment does

The Amendment proposes to:

§  Introduce new heritage places (45 individual places and 1 precinct) to the schedule to the Heritage Overlay at Clause 43.01 of the Wodonga Planning Scheme. The proposed additions to the Heritage Overlay have been identified as places of local heritage significance in the Wodonga City Council, Victoria, Heritage Study, Volume 1, Thematic Environmental History (2004) and Wodonga Heritage Study Stage 2(a) (2011) and assessed and recommended for inclusion in the Heritage Overlay as locally significant.

§  Change parts of Clause 21 – Local Planning Policy Framework of the Wodonga Planning Scheme by updating Clause 21.06 – ‘Key Strategic Principles’, Clause 21.07 – ‘Strategic Directions’ Framework, Clause 21.09 – ‘Environment and Natural Resources’, Clause 21.10 – ‘Future Urban and Residential Use’, Clause 21.13 – ‘Social’ and Clause 21.15 – ‘Reference Documents’, based on the recommendations of Wodonga Heritage Study Stage 2(a) (2011.
The additional Reference Documents proposed to be included in the Planning Scheme are the Wodonga City Council, Victoria, Heritage Study, Volume 1, Thematic Environmental History (2004) and Wodonga Heritage Study Stage 2(a) (2011).

§  Change Clause 22 – Local Planning Policy Framework by introducing a Cultural Heritage Policy to Clause 22.05 which applies to all heritage places and precincts affected by the Heritage Overlay at Clause 43.01.

§  Introduce new Planning Scheme Maps to the schedule to Clause 61.03 reflecting proposed new heritage places added to schedule to the Heritage Overlay at Clause 43.01 of the Wodonga Planning Scheme.

§  Change Clause 81.01 – Incorporated Documents to add Wodonga City Council Heritage Place Permit Exemptions (2013)

The Heritage Overlay does not change the zoning of the land. Rather, it identifies any special circumstances that apply to the land. The Heritage Overlay means that a planning permit will be required for:

·  Subdivision or consolidation of land (Note: subdivision already requires a planning permit).

·  Demolition or removal of identified buildings.

·  Construction of a new building.

·  External alterations to a building by structural work.

·  Construction of or carrying out of works.

·  Construction or display of a sign (Note: in many instances display of signage already requires a planning permit).

·  Externally paint an unpainted surface.

No additional paint controls, internal alteration controls or tree controls are proposed for any individual heritage place or heritage precinct.

A planning permit is not required for routine maintenance or repairs that do not change the appearance of the building, provided the same details, specification and materials are used

Strategic assessment of the amendment

·  Why is the amendment required?

The amendment is required to ensure the Wodonga City Council implements the objectives of planning in Victoria as set out in the Planning and Environment Act 1987 (‘the Act’), including section 4(1)(d), which includes:

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.

The amendment is required to protect places identified as having local heritage significance in the Wodonga City Council, Victoria, Heritage Study, Volume 1, Thematic Environmental History (2004), and the Wodonga Heritage Study Stage 2(a) (2011), and to make associated changes to the Local Planning Policy Framework to support the on-going identification, protection and conservation of heritage places in the municipality.

The Heritage Overlay presently applies to 11 places within the City of Wodonga, including 4 places listed on the Victorian Heritage Register. The City of Wodonga completed Stage One of its Heritage Study in 2004. This stage produced a Thematic Environmental History of the municipality and an inventory of post-contact places of cultural heritage significance across the City of Wodonga. The inventory listed 254 places of potential significance, and was used to inform Stage Two of the City of Wodonga Heritage Study.

The Wodonga Heritage Study Stage 2(a) (2011) prepared citations and statements of significance for 45 individual heritage places and one heritage precinct which were considered to be of local significance. The limited number of places assessed was due to budgetary constraints. The places and precincts selected for assessment in the City of Wodonga Heritage Study Stage Two were agreed to by the Wodonga City Council Heritage Study Steering Committee which included representatives from Council, Heritage Victoria and Department of Planning and Community Development. All of the places and the precinct identified as individually significant by the Wodonga Heritage Study Stage 2(a) (2011) are included within this Amendment.

The proposed changes to the Municipal Strategic Statement will update the strategies for heritage having regard to the changes proposed by this amendment and by highlighting heritage as an important strategic consideration in planning for future growth and development within the municipality. It does this by updating Clause 21.09 – Environment and Natural Resources to include specific reference to and describe the key cultural heritage issues for the City of Wodonga. The strategic actions reflect and make reference to the proposed new Clause 22.05 – Heritage Policy.

As the number of heritage places included in the Heritage Overlay is to be increased the proposed new Clause 22.05 Heritage Policy is required to guide decision making by helping the responsible authority and other users of the scheme to understand how the discretion under the heritage overlay is likely to be exercised. The Heritage Policy proposed for Clause 22.05 will apply to all heritage places and precincts to which the Heritage Overlay applies within the City of Wodonga. The policy will support and improve the protection of Wodonga’s cultural heritage by:

§  Applying the findings of the Wodonga City Council, Victoria, Heritage Study, Volume 1, Thematic Environmental History (2004), the Wodonga Heritage Study Stage 2(a) (2011) and building on the proposed changes to the Key Strategic Principles and Strategic Directions in the MSS in the Local Planning Policy Framework.

§  Fulfil the objectives and strategies set out in the State Planning Policy Framework at Clause 15 – ‘Built Environment and Heritage’ which seeks to ensure that development appropriately responds to its landscape, valued built form and cultural context, and that places and sites with significant heritage, architectural, aesthetic, scientific and cultural value are protected.

§  Assist Council and property owners by giving clearer direction and guidance for heritage related planning permit applications.

·  How does the amendment implement the objectives of planning in Victoria?

This Amendment meets the objectives for Planning in Victoria by:

§  Providing for the protection of natural and man-made resources and the and the maintenance of ecological processes and genetic diversity (Section 4(b) of the Planning and Environment Act 1987)

§  Conserving and enhancing those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value (Section 4 (d)) and

§  Balancing the present and future interest of all Victorians (Section 4 (g)).

Wodonga City Council is the planning authority for the Wodonga Planning Scheme, in accordance with Section 8A (1) of the Act.

Section 12(1) of the Act sets out the duties of the planning authority and states that:

A planning authority must -:

(a)  implement the objectives of planning in Victoria;

(b)  provide sound, strategic and co-ordinated planning of the use and development of land in its area;….

This Amendment will meet the objectives of the Act by ensuring that places are conserved with heritage protection on a permanent basis and the information relating to those places is relevant.

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

Environmental

The Amendment will have no adverse effect on the natural environment and will add to the richness and diversity of the built environment. The changes to the MSS and new local policy will provide support for the conservation and enhancement of heritage places.

Social

The Amendment is expected to have positive social effects for the community by highlighting areas of Wodonga’s cultural significance that should be conserved and protected. Such places provide a link to the past, and add character, appeal and interest to the city landscape. The protection of places with local historical signifiance will strengthen recognition of heritage values with the City of Wodonga. The Burra Charter states that

significant places, sites and buildings help us to understand the past; they enrich our life now and we expect them to be of value to future generations.

Heritage places within the City of Wodonga demonstrate various important phases in the development of the municipality, and can also provide evidence of now-obsolete aspects of daily life. They are valuable and irreplaceable elements which can contribute to the creation of a sense of place for the local community and enrich the experience of visitors to the City.

Economic

The Amendment will not have adverse economic effects. The protection of places with local historical signifiance can have added economic benefits, especially where historic places are sought for investment, or become part of a heritage tourism strategy, where visitors are attracted to the built cultural heritage of the region. The heritage overlay may impose some obligations on land owners, however it does not entirely preclude development or alteration of a heritage place, nor does the overlay require restoration. Rather the heritage overlay only requires that future development or alterations are considered in relation to the potential impact on the significance and understanding of the place.

·  Does the amendment address relevant bushfire risk?

The land is not affected by the Bushfire Management Overlay. The land is located in a built up area in central Wodonga and there is no identifiable bushfire hazard.

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

Section 12(2) of the Planning and Environment Act 1987 requires that in preparing a planning scheme Amendment, a planning authority must have regard to the Minister’s directions.

This Amendment meets the requirements of the relevant Ministerial Directions No. 11 and No. 15 and is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Act.

Ministerial Direction No. 11 – Strategic Assessment of Amendments

The Amendment is consistent with the Ministerial Direction No. 11 – Strategic Assessment of Amendments under Section 12 of the Planning and Environment Act 1987. The purpose of this Direction is to provide a consistent framework for the evaluation of a proposed planning scheme Amendment and the outcomes it produces. The Strategic Assessment Guidelines identified in this Direction are addressed in this Explanatory Report.

Ministerial Direction No. 15 – The Planning Scheme Amendment Process

The Amendment is consistent with the Ministerial Direction No. 15 – The Planning Scheme Amendment Process. The purpose of this Direction is to set times for completing steps in the planning scheme amendment process.

Ministerial Direction on the Form and Content of Planning Schemes

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

No other Ministerial Directions are relevant to this Amendment.

·  How does the amendment support or implement the State Planning Policy Framework?

The Amendment is consistent with the objectives of the State Planning Policy Framework (SPPF), and in particular:

Clause 10.02 ‘Operation of the State Planning Framework – Goal’

This Clause seeks to ensure the objectives of planning in Victoria are fostered by appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development.

Clause 15.01 ‘Built Environment and Heritage – Urban Environment’

This Clause seeks to ensure that development appropriately responds to its landscape, valued built form and cultural context and that places with specific natural, environmental, aesthetic, historic, cultural, scientific or social value are protected.

This Clause also outlines that planning should achieve high quality urban design and architecture that contributes positively to local urban character and sense of place, cultural identity and promotes attractiveness of cities and towns.

Clause 15.01-5 ‘Built Environment and Heritage - Cultural identity and neighbourhood character’

This Clause seeks to recognise and protect cultural identity, neighbourhood character and sense of place. This clause outlines that the planning scheme ensures that development:

-  responds and contributes to existing sense of place and cultural identity

-  ensures that development recognises distinctive urban forms and layout and their relationship to landscape and vegetation and

-  ensures that development responds to its context and reinforces special characteristics of local environment and place by emphasising the underlying natural landscape character, the heritage values and built form that reflect community identity and the values, needs and aspirations of the community.

Clause 15.03 ‘Built Environment and Heritage - Heritage’

This Clause seeks to ensure the conservation of places of heritage significance. This clause sets out strategies to achieve this, including:

-  assess and document places of natural and cultural heritage significance as a basis for their inclusion in the planning scheme,

-  provide for the protection of natural heritage sites and man-made resources and the maintenance of ecological processes and biological diversity,

-  provide for the conservation and enhancement of those places which are of aesthetic, archaeological, architectural, cultural, scientific or social significance, or otherwise of special cultural value,

-  encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations,