Proposed C81 - Nillumbik Shire Council

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Nillumbik Planning Scheme
Schedule 12 To The Significant Landscape Overlay
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C81
Shown on the planning scheme map as SLO12
Agricultural Uplands Landscape Character Area
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C81
Statement of nature and key elements of landscape
Ongoing agricultural activity in the form of grazing and cropping has resulted in
a relatively open agrarian landscape character, interspersed with occasional
stands of native vegetation and exotic shelter belts. Rich in black volcanic soils,
the Area is also a popular location for active viticulture and olive groves.
Buildings are generally minor parts of the landscape, with occasional
farmhouses and low scale dwellings scattered in less prominent locations and
carefully integrated with vegetation and topography. The plateau surrounding
Kangaroo Ground offers a high vantage point, where sweeping views across
the Shire capture Mt Dandenong, Kinglake National Park and the Melbourne
city skyline.
Future Character Statement
The unique agrarian character of this Area will be protected by encouraging the
continuation of productive agricultural activity on high quality agricultural land
and siting buildings and infrastructure in less prominent locations, integrated
with vegetation and topography. Buildings and structures on visible hill faces
and ridgelines will be avoided in order to maintain long range views to the
surrounding mountain ranges and distant city skyline. Rolling topography
viewed from roads will continue to be largely rural in character with continued
agricultural activity and an absence of incongruous structures and
developments. Areas of native vegetation will be maintained and strengthened.
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Landscape character objective to be achieved
To maintain the open, agrarian character of the landscape.
To preserve long open views to distant mountain ranges, Kinglake National
Park and the Melbourne CBD.
To protect clusters of remnant vegetation.
To minimise the visual impact of buildings and structures within this open
landscape.
To ensure that agricultural or horticultural buildings and structures complement
rather than dominate the landscape.
To maintain a balance between natural and settled landscapes.
Significant Landscape Overlay – Schedule 12
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Nillumbik Planning Scheme
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Permit requirement
A permit is required to remove, destroy or lop a substantial tree or shrub. This
does not apply:

If the lopping of vegetation is undertaken to assist its regeneration.

If the vegetation is dead.

To the partial removal or lopping of branches directly overhanging dwellings,
garages or outbuildings to the extent that they no longer overhang the
building.

To the removal, destruction or lopping of native vegetation specified in the
Table of Exemptions to Clause 52.17 as not requiring a permit.

To the removal, destruction or lopping of vegetation in accordance with
Clause 52.48.

To the removal, destruction or lopping of vegetation specified in the
Nillumbik Shire Council Environmental Weeds List unless it forms part of a
shelter belt.

If the vegetation is not indigenous to Victoria unless it forms part of a shelter
belt or hedgerow.
A permit is not required to construct a building or construct or carry out works
for:

An alteration or extension (including an outbuilding normal to a dwelling) to
an existing dwelling or building used for agriculture provided all of the
following are met:

The alteration or extension is no more than 7 metres above the natural
ground level;

The alteration or extension is located at least 5 metres from the base of
any substantial native tree;

The floor area of the alteration or extension to an existing dwelling is less
than 50 percent of the gross floor area of the existing building or 100
square metres, whichever is the lesser;

The floor area of the alteration or extension to an existing outbuilding or
building used for agriculture is less than 10 percent of the gross floor
area of the existing building or 100 square metres, whichever is the
lesser;

The top of the roof line of the alteration or extension is lower than the top
of the ridgeline located directly behind the site of the extension or
alteration; and
Significant Landscape Overlay – Schedule 12
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Nillumbik Planning Scheme


The external surfaces, including roofs and walls, of the alteration or
extension, are clad and maintained in non-reflective materials coloured
in muted tones.
A horticultural structure provided all of the following are met:

The external surfaces, including roofs and walls of the horticultural
structure are clad and maintained in non-reflective materials coloured in
muted tones;

The horticultural structure is located at least 5 metres from the base of
any substantial tree;

The horticultural structure is setback 100 metres from a Road Zone
Category 1 or 20 metres from any other road; and

The top of the roof line of the horticultural structure is lower than the top
of the ridgeline located directly behind the site of the horticultural
structure.
A permit is required to construct a fence. This does not apply to:

Open post and wire fences of less than 1.2 metres in height.

Post and mesh wire rabbit proof fences of less than 1.2 metres in height.

Temporary fencing for construction sites.

Transparent safety fence for a swimming pool located in the immediate
vicinity of the swimming pool.
A permit is required for earthworks that comprise more than 1 metre cut or fill.
Meaning of terms
For the purpose of this clause a ‘substantial tree’ means a tree that has a
diameter at breast height (DBH) greater than 0.16 m at 1.4m above the ground.
For the purpose of this clause a ‘shelter belt’ is a line of trees that provides
protection from wind.
For the purpose of this clause a ‘horticultural structure’ means a structure,
which provides a controlled growing environment for horticulture or plant
nursery use, including plastic igloos, shade houses and glasshouses.
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Application requirements
An application must be accompanied by a landscape plan showing proposed
landscape works and plantings.
Proposed
C81
Significant Landscape Overlay – Schedule 12
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Nillumbik Planning Scheme
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Decision guidelines
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Before deciding on an application, the responsible authority must consider, as
appropriate:
Proposed
C81
Vegetation and Landscaping

The type, extent, quality and significance of any tree to be removed.

The extent and type (species) of new planting.

The extent to which any proposed landscaping screens buildings and
structures viewed from road corridors and public spaces.

The extent to which the siting of the proposed buildings and works has
minimised the need for the removal of native vegetation.
Views and Vistas

Whether the proposed development will maintain views from public land and
road reserves towards hill faces and ridgelines.

Whether the proposed development will maintain views of Kinglake National
Park.

The cumulative impact of all buildings and works visible from road reserves
and public land on the landscape character of the area.
Buildings and Structures

The extent to which the development follows the natural topography of the
land and minimises the need for earthworks.

The prominence of the building along ridgelines, hill faces and elevated
areas when viewed from a road reserve or public land.

The setback of the building from property boundaries, river and creek
corridors and roads.

The scale, massing and roof form of the building.

Whether the proposed development sits below the existing tree canopy.

Whether the proposed development utilises non-reflective materials
coloured and maintained in muted tones that are consistent with the natural
setting.

The location and siting of tennis courts.
Rural Buildings and Structures

The scale and siting of the proposed buildings and structures.
Significant Landscape Overlay – Schedule 12
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Nillumbik Planning Scheme

Whether the proposed development utilises non-reflective materials
coloured and maintained in muted tones that are consistent with the natural
setting.
Fencing, Access and Driveways

The height and materials used to construct any proposed fencing.

The extent to which roads, access tracks, driveways and car parking areas
conform with the topography and maintain vegetation as a screen.

The materials used to construct the proposed road base, access track or
driveway.
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Reference Documents
Nillumbik Landscape Character Assessment (Planisphere, 2009).
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Agricultural Uplands Design Guidelines (Nillumbik Shire Council, March 2015)
Significant Landscape Overlay – Schedule 12
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