Posted 14/11/06

 

MACEDON RANGES NEW FORMAT PLANNING SCHEME

 

REPORT OF THE ADVISORY COMMITTEE & PANEL, MARCH 1999

 

PANEL RECOMMENDATIONS NOT DONE

 

4.1 Before Adoption

The Panel recommends that the Macedon Ranges Planning Scheme be adopted with the following changes.

 

4     The ESO3 apply to all land identified as Class 1 in CLPR mapping of agricultural land.

11   The EMO include erosion areas identified in documents associated with the Kyneton Planning Scheme.

12    Mapping errors on the SMO be corrected.

16   The RFO be extended to areas along the Campaspe River and at Gisborne as detailed by the CMA and that incorrectly marked areas be deleted.

17    Areas of known flooding be placed in a LSIO based on use of previous flood information, reports and reliable certification and a check of information against contour plans.

18   The current application of the LSIO be checked against contour plans and obvious anomalies removed.

23    In relation to RO 10 and RO 11:

·       the two storey height limit be deleted and built form to protect landscape values in the area be addressed through performance based provisions in the relevant SLO;   NO REFERENCE TO HEIGHT, SLO NOT APPLIED TO ALL OF RO10 AND RO11 AREA

·       a general provision indicate that only one house is permitted on a lot except where lot restructuring or other development constraints are identified in the table to the schedule;  NOT INCLUDED

·       prepare a plan showing restructure requirements prior to the scheduled review of the Scheme.

31   Review strategies for towns and amend Structure Plans accordingly where reticulated services are to be made available in the near future in Townships Local Policy (clause 22.02).

34   Include numbering in titles and review Local Policies for the Lancefield Township (clause 22.02) and Malmsbury Township (clause 22.02) in light of proposed sewer.

65  The SMO be removed from Lots 6 & 7/120 Bacchus Marsh Road, Gisborne and Council obtain more accurate data on salinity for the purposes of applying this overlay in the Shire.

95   That additions to Local Policy 22.08-01  [22.03] requiring septic tanks to be regularly maintained and upgraded when extensions to a dwelling take place.

108  Local Policies relating to the erection of dwellings in rural areas include guidelines for consideration of applications where scheduled lot sizes are not satisfied.  NB  In 2006 Council adopted a Rural policy - policy is to support dwellings on small rural lots subdivided after 1995.

115 That an Airport Environs Overlay and a Design and Development Overlay (based on a height limitations plan) be applied to the Kyneton Airfield and that consideration be given to reference to the airfield in the MSS.

 

 

Scheme Approved by Minister for Planning Thwaites on 8 June 2000

 

 

4.2 After Adoption (8 June 2000) 

Following adoption of the Macedon Ranges Planning Scheme, the Panel recommends the following actions be taken after adoption of the Scheme:

1    Undertake a review of all additional works intended to flow from the new Scheme (including costings), and prepare a realistic timeframe for the completion of the work.

 

Within 12 months of adoption, prepare a:

2    Urban Growth Strategy for the Shire (including integrated land use and development strategies for Woodend, Gisborne and Macedon townships).  AMENDMENT C8 – ABANDONED 2004.  ODP for Gisborne 2005, still waiting for amendment by DSE.

2     Strategic review of rural and rural living areas addressing land capability, protection of productive and commercially sustainable farms, farm restructuring, existing fragmentation of land, environmental constraints, availability of infrastructure and services, demand and supply of land, landscape objectives, guidelines for development, tenement controls, and opportunities and constraints for rural living.  2003: AMENDMENT C21 – RURAL LIVING STUDY TO BE REDONE.  C21 ENVIRONMENTAL RURAL ZONE FOR WATER CATCHMENTS BACKZONED TO FARMING ZONE.  C21/C48 (incorporating new State Rural Zones) approved Feb 2006.  C21/C48 rural land policies over-ruled by VCAT 4 days after approval.

 

Within 24 months of adoption, prepare a:

3     Rural Character (Natural and Cultural Landscape) Study for the area of the Shire not contained within the Macedon Ranges Cultural Heritage & Landscape Study

3     Kyneton Industrial Land Study

3     Remnant Indigenous Vegetation Study  STUDY 2004, SCHEME NOT AMENDED TO INCLUDE

3    Heritage Study to identify any gaps in existing heritage material.

4     Where owners’ consent has not been obtained to include heritage items in the Heritage Overlay (see recommendation 2 Prior to Adoption), include items as part of first amendment to the Scheme.

6     The strategic review of Rural areas consider rezoning RLZ area “A” to RUZ together with consideration of appropriate subdivisions provisions for the area.  RLZ1 NOT INCLUDED C21/C48

7     Council in consultation with the DoI undertake a review of the application of the ERZ based on an assessment of all environmental factors.  NB Partly achieved with C21/C48

8     The area encumbered with ESO1 be considered for a RO.

9     A study be undertaken of the Mineral Springs to identify the source of the water and to develop management guidelines.

10    Council investigate further the need to extend the application of the EMO to other areas of the Shire.

11   The SMO be reviewed and based on accurate land capability work.

12    Council review its landscape policies based on the Macedon Ranges Cultural Heritage and Landscape Study (1994) to reassess the application of the SLO and provide objectives and guidelines for future evaluation.

14   After detailed studies of flooding have been concluded by the CMA, the UFZ be incorporated into the Scheme in appropriate urban situations and the RFO and LSIO in rural situations.

15   Areas of likely development, known to be subject to overland flow and the potential for drainage problems, be investigated and Special Building Overlays be applied by way of a future amendment and that such action take place prior to any subdivision.

16   When a consistent approach to proclaimed catchment management has been developed, that the catchment areas be reviewed in conjunction with the relevant authorities and provisions be introduced to the Scheme by way of amendment (see Other Recommendations No. 4).

17   Council prepare a Local Policy for the Kyneton Industrial Area.

18   Prepare a Development Contributions Plan if Council intends to impose a levy on development.

19   As Aboriginal sites, places and objects are identified they be included in the HO as part of future amendments.

21   The sites identified in the Rosengren report be considered for inclusion in the SLO.

24   Place documented areas of key habitat in the ESO. NB C21/C48 (2006) introduced VPO across some rural areas

25   That consideration be given to investigating ground water resources to determine appropriate strategies by DoI, the CMA or other relevant agencies.

26   A review of environment, bio-diversity, habitat flora and fauna issues be carried out to allow a coordinated approach to planning measures.  STUDY 2004, SCHEME NOT AMENDED TO INCLUDE

27   Zone translations of environmental and landscape areas be reconsidered. NB Partly achieved by C21/C48

28   That consideration be given to a Native Flora and Fauna Protection Policy.

29   Consideration of the use of an ESO around waste water plants.

30   The area bounded by Edgecombe Road, Boundary Road, Fords Lane and Pipers Creek Road be included in the Environmental Strategy to evaluate the basis for applying an ESO.

 

 

4.3  Other Recommendations

 
2     DoI to develop a consistent planning approach to planning approvals for public authorities and circumstances where exemption from the permit requirements imposed by overlays is justified.
4     The DoI develop a consistent state-wide approach to water catchments and investigate the addition of an overlay to address land use and management issues in water supply catchments.
 5      Endorsement of PP No8 at a State level should be maintained through referencing in Clause 14.02-3 of the SPPF.  This is because the area is identified as an asset of importance at a state level and the relationship of the policy area to the metropolitan area, which is an important source of pressures on this sensitive area in terms of urban expansion, residential development for commuters and recreational use, is unchanged.
6    The DoI consider amending various zones to indicate that Bed and Breakfast is a Section 1 use in rural zones subject to a further condition that the use occurs within an existing building. 

 

Minister’s Requirements In Approving the Macedon Ranges Planning Scheme, 8 June 2000 – Not Yet Implemented

 
“I have approved the Scheme including the following changes:
  • Minor text and technical changes to accord with the provisions of the Victoria Planning Provisions as amended.
  • Provisions for Land Subject to Inundation have been included. Overlay provisions relating to salinity, floodways, erosion (other than at Malmsbury) and good quality agricultural land have all been excluded at this stage, pending the introduction of the latest mapping information by later amendments. [Emphasis added]  NB LSIOs replaced exhibited Floodway overlays.  No change since adoption.
  • A new Calder Freeway and Calder Highway Environs Policy has been included, as recommended by the Panel/Advisory Committee.
  • Additional Design and Development Overlays have been inserted, to preserve the essential development provisions applying to the respective sites in the old Planning Scheme.

The new Planning Scheme includes the provisions of Statement of Planning Policy No 8 as part of the Local Planning Policy Framework. The policy and research documents are listed as Reference Documents in the Planning Scheme as recommended by the Panel/Advisory Committee.

The principles contained in the Statement have been maintained and Council and the Victorian Civil and Administrative Tribunal must consider both the State and Local Policy Framework, when making decisions on discretionary matters in the Planning Scheme.

The principles contained in the Statement have been maintained and Council and the Victorian Civil and Administrative Tribunal must consider both the State and Local Policy Framework, when making decisions on discretionary matters in the Planning Scheme.

In considering the Planning Scheme, I have noted that there are a number of outstanding matters identified by the Panel/Advisory Committee and my Department as requiring further attention. I request that your Council undertake the following actions as part of its ongoing review of the Planning Scheme:  [emphasis added]

  • Reference to population projections from Victoria in Future, and further consideration of population growth parameters and policies for the main towns in the Shire.
  • Completion of the Residential and Industrial Land Study based on strategic consideration of the roles of the respective urban centres and their capacity for population growth.  NB C8 – abandoned 2004.
  • Strategic review of the rural and rural living areas in the Shire based on the latest population projections.  NB C21/48 approved Feb 2006.  Introduced new State Rural Zones.  C21/C48 rural policies over-ruled by VCAT 4 days after adoption.  Rural Living Study to be redone. 
  • Studies of heritage assets, significant landscapes, rural character and remnant vegetation in the Shire, and the preparation of appropriate amendments for exhibition.
  • Exhibition of Salinity Management, Erosion Management and Floodway Overlays to include latest available information.
  • Further investigation of good quality agricultural land in the Shire, and consideration of the need for an amendment to insert suitable overlay provisions.

P Completion of the Macedon Ranges Environmental Strategy.”