Green Wedge Research Report Municipal Association of Victoria November 2006 Table of Contents Table of Contents .................................................................................................................1 Executive Summary .............................................................................................................2 Summary of Recommendations ..........................................................................................4 Context ..................................................................................................................................6 Background to Melbourne’s Green Wedge Planning .....................................................6 Conceptual Origins and Comparison .............................................................................6 History of Melbourne’s Green Wedge Policies...............................................................7 Current Situation ...........................................................................................................7 Policy and Planning Controls for Green Wedge Land .....................................................11 Melbourne 2030 ..........................................................................................................11 Victorian Planning Provisions ......................................................................................11 Zones ..........................................................................................................................12 Green Wedge Zone (GWZ) ................................................................................12 Green Wedge A Zone (GWAZ) ..........................................................................12 Rural Conservation Zone (RCZ) .........................................................................12 Survey Analysis..................................................................................................................13 Background and Methodology .....................................................................................13 Survey Findings ..........................................................................................................13 Current Strategic Work, Programs or Projects ....................................................13 Current Threats and Issues Facing Councils ......................................................15 Recent VCAT Decisions .....................................................................................................22 Conclusion..........................................................................................................................24 Recent Green Wedge Announcements and Activities .....................................................25 Attachment 1: Survey.........................................................................................................28 Attachment 2: Survey Responses .....................................................................................33 MAV Green Wedge Research Report - November 2006 1 Executive Summary This report identifies and explores issues raised by councils in response to the Municipal Association of Victoria’s (MAV) green wedge survey of councils in 2005. It also makes recommendations to address the issues raised. It is a resource for the MAV, local government and the Department of Sustainability and Environment and a useful platform for advocacy to State Government and other agencies on key issues facing councils when dealing with green wedge areas. Melbourne’s green wedge areas are predominately non-urban areas outside the Urban Growth Boundary (UGB). These areas have been set aside to assist in the conservation of rural activities, significant natural landscape features and resources between metropolitan Melbourne’s growth corridors. They are contained within 16 local government areas. The councils affected are Brimbank, Cardinia, Casey, Frankston, Greater Dandenong, Hume, Kingston, Knox, Manningham, Maroondah, Melton, Mornington Peninsula, Nillumbik, Whittlesea, Wyndham and Yarra Ranges. Councils responsible for Melbourne’s green wedges face numerous challenges in managing these areas. Changing land use, development pressure and increasing awareness of environmental issues and threats place pressure on council’s statutory planning framework and council programs. Green wedge areas contain a range of uses, or are subject to applications for use or development, that are often contentious and cause concern to councils and State Government. These pressures limit councils’ ability to contribute effectively to the achievement of metropolitan and State objectives for green wedge areas. In 2005 the MAV conducted a comprehensive survey to gain a better understanding of the challenges facing local government when planning and managing green wedge areas and of green wedge planning controls in action. This report identifies the green wedge areas, provides a policy context for their planning and management, including reference to recent VCAT decisions, and provides an analysis of the results of the green wedge survey. The findings show continuing support and commitment from councils for green wedges through an extensive range of council programs and policies which contribute to green wedge objectives. Councils have invested significantly in natural resource and land management, in community education, management strategies and action plans as well as on incentive/rate based projects and grants. However, councils face numerous competing priorities for strategic planning resources and require additional technical and financial support for the protection of green wedge areas. The importance of green wedge areas needs to be more clearly articulated to the broader community, and community concerns with the more restrictive nature of the Green Wedge Zone (GWZ) need to be addressed. Businesses also require support to become more environmentally sustainable. The existing planning policy framework and planning system has limitations in dealing with pressure from development, urban uses, changing nature of agricultural uses and lifestyle and tourism demands. Councils are constrained in their ability to investigate alternate land uses within non-urban areas within the suite of statutory controls applying across the green wedges. Green wedge areas vary significantly from west to east. There is a need to improve the consistency of application of zones and overlays across municipal boundaries within each 2 MAV Green Wedge Research Report - November 2006 green wedge, and to provide more guidance or clarification of planning practices and the application of discretion. There is a lack of clarity regarding the value of Green Wedge Management Plans (GWMP) and the development process relative to existing programs and policy, and the priority for completing GWMP varies among councils. There is a high expectation that GWMP will address and manage conflicting land uses and pressures on Green Wedge Zone land – including intensive agriculture/horticulture use, wildfire, residential development, native flora and fauna, tourism, weeds and waterways. There are concerns about the nature and scale of use and development proposals in green wedge areas, particularly the introduction of residential uses and where proposed development is close to urban areas. The operation and ongoing requirements of existing schools and other uses in green wedges needs to be addressed. The report makes a number of key recommendations which are summarised in the following section. The survey and research report were initiated by the MAV Melbourne 2030 Councillor Reference Group. MAV Green Wedge Research Report - November 2006 3 Summary of Recommendations Recommendation 1 Clarify the scope, process, role and status of Green Wedge Management Plans, and the likely resources required to develop and implement these plans. This clarification needs to recognise the differences in green wedge areas and between interface and metropolitan councils, as well as existing policy and programs. (Responsibility: Councils and DSE) Recommendation 2 Provide opportunities for councils to share best practice and practical experience in managing green wedges at an officer and councillor level. (Responsibility: MAV) Recommendation 3 Develop greater clarity and guidance to: assist decision making on discretionary uses guide decision making on residential development on existing small lots improve siting and design in sensitive areas clarify when prohibited uses may become discretionary provide for the needs of existing, and now prohibited, uses. (Responsibility: DSE) Recommendation 4 Review the role, location and management of buffer areas for growth area and green wedge planning to ensure that buffer areas contribute to the achievement of green wedge objectives. (Responsibility: Growth Area Authority) Recommendation 5 Assess the adequacy and effectiveness of the existing Green Wedge Zone provisions and use definitions to manage residential encroachment into green wedges. (Responsibility: DSE) Recommendation 6 Improve data collection – through the Planning Permit Activity Report or through other appropriate mechanism – on the nature and volume of application types in green wedge areas to identify streamlining opportunities through statutory changes. (Responsibility: Councils) Recommendation 7 Clarify how rural economic and social issues, including the long-term productive use of land, in green wedge and rural areas will be addressed. (Responsibility: DSE) Recommendation 8 Clarify the circumstances under which ‘industrial’ uses - such as concrete crushing or material recycling – will be able to locate in green wedge areas. (Responsibility: DSE) 4 MAV Green Wedge Research Report - November 2006 Recommendation 9 Identify opportunities to encourage improved property management by: expanding ongoing education and financial incentives for landholders establishing mechanisms for sharing of experience and practice between landholders making links and forming partnerships with relevant government agencies and independent environmental groups including site specific strategies and actions on land management rather than broad region-wide directions. (Responsibility: Councils) Recommendation 10 Seek ongoing funding support from state and federal sources for policy development and implementation of green wedge management plans to protect green wedges. (Responsibility: MAV) Recommendation 11 Continue community education and information campaigns to raise awareness and explain the values and purposes of Melbourne’s green wedges at a local and metropolitan wide level. (Responsibility: Councils) Recommendation 12 Support councils by providing ‘high level’ community information to explain the values and purposes of Melbourne’s green wedges. (Responsibility: DSE) MAV Green Wedge Research Report - November 2006 5 Context Green wedges conserve the natural features of the landscape between Melbourne’s growth corridors. Melbourne’s green wedges were strategically set aside in 1968 and further developed by the Melbourne Metropolitan Board of Works (MMBW) in the 1971 Planning Policies for Metropolitan Melbourne Region to assist in conserving rural activities, significant natural features and resources between metropolitan Melbourne’s growth areas. Support over time from Victorian State governments for green wedges has been considerable in theory and variable in practice. Governments have acknowledged the value of the concept, but until more recently have not followed this support through with legislation and stringent regulations. Since their inception, green wedge areas have experienced pressure from rezonings for urban development, ‘ad hoc’ subdivision and the incursion of urban uses into rural areas. Incursions into green wedge areas have been permitted over time, particularly where there has appeared to be a net community benefit. According to Buxton and Goodman1, between 1996 and 2002 over 4,000 hectares of green wedge land was made available for residential use through the planning scheme amendment processes. Taken in isolation, each of these developments may appear to have a minimal impact on green wedge areas. However, they provided a precedent for further incursions and progressively weakened overall policy goals. These incursions also led to increased speculation, through land acquisition, further compounding the situation and causing uncertainty for landowners and the wider community. The following summary draws heavily on the Maintaining Melbourne’s Green Wedges Planning policy and the future of Melbourne green belt by Michael Buxton and Robin Goodman1. Background to Melbourne’s Green Wedge Planning Historically, Melbourne’s urban form has radiated outwards from the central city along major transport routes. Since the 1960s access to rural land in close proximity to Melbourne has been of high priority for State Government leading to policies being developed to ensure that some of the land between major transport corridors was preserved for non-urban uses. These wedges of protected rural land have become a feature of Melbourne’s urban form and have been given some priority by successive governments in Melbourne’s long-term strategic plans. Melbourne’s green wedges not only help manage urban sprawl but assist and ensure the continuation of our agricultural and horticultural industries in close proximity to the city. They provide easy access to open non-urbanised land, protect important landscape values and natural resources, provide recreational opportunities and assist in preserving remanent indigenous flora and fauna. Conceptual Origins and Comparison Buxton et al. suggests that the theoretical background behind the concept of a green belt can be attributed to ideas from some of the world’s pioneer planning entrepreneurs - Patrick Geddes, Ebenezer Howard and Lewis Mumford. In 1944 Patrick Abercrombie incorporated green belt ideas and philosophies into the influential Greater London Plan which proposed a green belt surrounding the already built up area of London, as well as a series of green 1 Michael Buxton, Robin Goodman. Maintaining Melbourne’s Green Wedges - Planning policy and the future of Melbourne green belt, School of Social Science and Planning, RMIT. (2002) 6 MAV Green Wedge Research Report - November 2006 wedges that would extend inward through the city from the green belt. These strategies were innovative and generally supported by the public. Population growth and development pressures have encroached upon Britain’s green belts over the last 50 years. The green belt philosophy and the British regional planning model heavily influenced Australia’s planning directions in the late 1950s with urban growth management and green belt schemes being adopted. In the late 1960s Sydney and Adelaide formally implemented a green belt type framework; yet unlike Adelaide which has managed to maintain its clearly defined green belt area, Sydney’s has all but disappeared to development. Buxton et al. suggests that in order to overcome such development pressures and ensure an outcome such as Adelaide’s is achieved in Melbourne, planning for green belts and growth areas must occur simultaneously with sufficient land set aside for urban expansion. Without firm policy directions, incremental loss of green wedge land over time will contribute to a loss of value and reduced public support and acceptance of green belt strategies. History of Melbourne’s Green Wedge Policies In 1966 the Minister for Local Government, R. J. Hamer introduced the concept to protect non-urban areas of metropolitan Melbourne and the State government formally adopted a corridor/green wedge strategic policy in 1968, which was further developed by the MMBW in their 1971 Planning Policies for the Melbourne Metropolitan Region. The green wedge policy framework evolved over time and was still present in the Kennett Government’s 1995 metropolitan policy Living Suburbs. However, as the policy has evolved, stringent regulations were modified and in some cases watered down, leading to severe encroachment upon green wedge land. Giving effect to metropolitan wide strategic directions takes time and local government varies in its valuing and commitment to the protection of green wedge areas. Guidelines were inadequate and firm regulations lacking. As planning decision makers increasingly relied on the Victorian Planning Provisions to direct their agenda rather than detailed local or regional strategic policy frameworks, individual decisions soon became precedent for others, which in turn undermined the original green wedge objectives that were in place. Although Melbourne’s green wedge areas have been significantly impacted by urban encroachment, Buxton et al. argues that the goals and aspirations associated with the policy are still relevant and achievable. The Melbourne 2030 policy framework has reinforced traditional green wedge policies and provided clear guidelines and firm management strategies which should better protect our non-urbanised lands in the future. Current Situation As Buxton et al. argues those cities that in the last century have protected their environments are likely to have the strongest economic future and be best placed to maintain social harmony. The conservation of natural landscapes and resources contributes to and influences a city’s liveability in relation to environmental, economic and social factors. Maintaining Melbourne’s green wedges is integral to overcoming problems associated with rapid urban growth, urban sprawl and projected population increase. Buxton et al. suggests that the long-term adherence, enforcement and maintenance of green wedge and growth area policies is of utmost importance, and of more importance now than ever before - remnant vegetation becomes more precious, open space more crucial, the MAV Green Wedge Research Report - November 2006 7 need to assist agricultural industries more important and the preservation of wildlife corridors more pressing. The Bracks government responded to this problem in late 2002 by releasing Melbourne 2030 which provides a strategic framework and implementation plan for green wedge areas and metropolitan growth. The policies set out in Melbourne 2030 strengthened and extended green wedge areas, tightened controls for prohibited uses and set fixed green wedge boundaries through a legislated Urban Growth Boundary (UGB). Notably the UGB cannot be altered by a planning scheme amendment process but requires legislative support for any change. The strategy for green wedge areas fulfils a range of roles which include: Providing opportunities for agricultural uses and some industries to operate close to major markets. Preserving natural rural landscapes and land formations. Preserving conservation areas close to where people live. Preserving natural resources. Providing and safeguarding sites for future infrastructure that supports urban areas. Providing opportunities for tourism and recreation. Melbourne’s urban growth has been encouraged within growth corridors positioned to take advantage of major road and rail links. This reinforces Melbourne’s radial pattern of urbanisation, interspersed by green wedge areas. Melbourne’s 12 green wedges are located outside the UGB and encircle metropolitan Melbourne’s current urban areas and future growth areas. 8 MAV Green Wedge Research Report - November 2006 Figure 1 – Green Wedge Areas Figure 2 – Green Wedge Resources and Constraints MAV Green Wedge Research Report - November 2006 9 Figure 3 - Green Wedge Boundaries Green Wedge Boundaries Werribee South The Port Phillip Bay coastline, western edge of the City of Wyndham and the Melbourne – Geelong rail line Overseen by Wyndham. Western Plains South The Melbourne–Geelong rail line, western boundary of the City of Wyndham, the Western Highway west of Melton, southern edge of the Melton township and the Ballarat rail line Overseen by Wyndham and Melton. Western Plains North The Ballarat rail line, northern edge of the Melton township, the Western Highway, western and northern boundaries of Melton Shire and the Calder freeway Overseen by Melton. Sunbury The Calder freeway and northern and eastern boundaries of the City of Hume Overseen by Hume. Whittlesea The western, northern and eastern boundary of the City of Whittlesea Overseen by Whittlesea. Nillumbik The western, northern and eastern boundaries of the City of Nillumbik and portions of the City of Manningham near the Yarra River Overseen by Nillumbik. Manningham The Yarra River and eastern boundary of the City of Manningham Overseen by Manningham. Yarra Valley and Yarra and Dandenong Ranges The western, northern and eastern boundaries of the Yarra Ranges Shire and the northern boundary of the Westernport catchment Overseen by Yarra Ranges, Knox and Cardinia. Southern Ranges The northern boundary of the Westernport catchment, eastern boundary of the Shire of Cardinia and the electrical transmission easement east of Pakenham Overseen by Cardinia, Knox, Greater Dandenong, Yarra Ranges and Casey. South East The area between the Bayside and Dandenong/Cranbourne urban areas and the northern boundary of the Westernport catchment Overseen by Frankston, Greater Dandenong, Kingston and Casey. Westernport The electrical transmission easement east of Pakenham, eastern and southern boundaries of the Shire of Cardinia, western boundary of the City of Casey and Westernport Overseen by Casey. Mornington Peninsula The northern boundary of the Shire of Mornington Peninsula and the southeastern boundary of the City of Frankston Overseen by Mornington Peninsula. 10 MAV Green Wedge Research Report - November 2006 Policy and Planning Controls for Green Wedge Land Melbourne 2030 Melbourne 2030 makes specific mention of green wedges. Under Direction 2 - Better management of metropolitan growth, Policy 2.4 is: Protect the green wedges of metropolitan Melbourne from inappropriate development. The initiatives to achieve this are: 2.4.1 Implement new planning scheme provisions to secure the protection of metropolitan green wedges in the planning system 2.4.2 Work with local councils to support the consolidation of new residential development into existing settlements in the green wedges, where planned services are available and relevant values can be protected 2.4.3 Amend planning schemes affecting green wedges to ensure that recreation-type development, such as golf courses with associated housing development, are only approved where they support Melbourne 2030 and local settlement policies 2.4.4 Legislate to provide protection for areas of high environmental and scenic value in metropolitan green wedges such as Nillumbik, the Yarra Valley, Westernport and the Mornington Peninsula. Victorian Planning Provisions The Victorian Planning provisions are the standard planning provisions for all planning schemes in Victoria. Under Clause 12.02 Better management of metropolitan growth, 12.02-2 Strategies, the Victorian Planning Provisions (VPPs) state: Green Wedges Protect the green wedges of Metropolitan Melbourne from inappropriate development by: Ensuring strategic planning and land management of each green wedge area to promote and encourage its key features and related values Supporting development in the green wedge that provides for environmental, economic and social benefits Consolidating new residential development with existing settlements and in locations where planned services are available and green wedge area values can be protected Planning and protecting major transport facilities that serve the wider Victorian community, such as airports and ports with their associated access corridors Protecting important productive agricultural areas such as Werribee South, the Maribyrnong River flats, the Yarra Valley, Westernport and the Mornington Peninsula Protecting areas of environmental, landscape and scenic value Protecting significant resources of stone, sand and other mineral resources for extraction purposes. Clause 57 of the Victorian Planning Provisions (VPPs) sets out the planning provisions for metropolitan green wedge land. The purpose of this clause is: To protect metropolitan green wedge land from uses and development that would diminish its agricultural, environmental, conservation, landscape natural resource or recreation values To protect productive agricultural land from incompatible uses and development To ensure that the scale of use is compatible with the non-urban character of metropolitan green wedge land MAV Green Wedge Research Report - November 2006 11 To encourage the location of urban activities in urban areas To provide transitional arrangements for permit applications made to the responsible authority before 19 May 2004 To provide deeming provisions for metropolitan green wedge land. Zones The suite of zones available for green wedge areas are: Green Wedge Zone (Clause 35.04), Green Wedge A Zone (Clause 35.05) and Rural Conservation Zone (Clause 35.06). Green Wedge Zone (GWZ) The Green Wedge Zone (GWZ) is the main zone to be applied to rural land outside the Urban Growth Boundary (UGB). This zone aims to recognise and protect land adjacent to urban areas for its agricultural, environmental, historic, landscape or recreational values, or mineral and stone resources. The GWZ has initially been applied to rural land (outside of the UGB) in metropolitan Melbourne, but can also be applied to rural areas adjacent to regional cities and towns. The GWZ is less restrictive than the Rural Conservation Zone but more restrictive than other rural zones, except in relation to agriculture. Although some non-rural uses are permitted, they are generally limited to uses that either support agriculture or tourism or are essential for urban development but unable to locate in urban areas for amenity and other reasons (such as airports, waste treatment plants, landfills and reservoirs). The GWZ prohibits some nonrural uses that were able to establish in the past, such as schools, service stations and second dwellings, and limits the conditions under which other uses may occur for retail premises, some accommodation uses, places of assembly and industry. Most small-lot excisions are also prohibited. The default minimum lot size for subdivision is 40 hectares. Councils use the Local Planning Policy Framework of their planning scheme to articulate the qualities and features of different areas, to guide the application of the zones and to guide the exercise of discretion permit applications for non-rural uses. The minimum lot size can be varied by schedule to the zone. Green Wedge A Zone (GWAZ) The Green Wedge A Zone (GWAZ) has a default minimum lot size of eight hectares and was initially applied to land previously zoned Rural Living. Rural Conservation Zone (RCZ) The Rural Conservation Zone (RCZ) is used across Victoria. The purpose of this zone is to protect and enhance the natural environment and its historic, archaeological, scientific, landscape, faunal habitat and cultural values. The RCZ encourages development and use of land consistent with sustainable land management and land capability practices, taking into account the conservation values and environmental sensitivity of the area. The RCZ also aims to conserve and enhance the cultural significance and character of open rural and scenic non-urban landscapes. Agriculture is allowed in the zone, provided it is consistent with the environmental and landscape values of the area. The main differences between the GWZ and the Rural Zone (RZ) is that the RZ allows a much wider range of non-rural uses and the small-lot excision provisions are less restrictive. 12 MAV Green Wedge Research Report - November 2006 Survey Analysis Background and Methodology The MAV Melbourne 2030 Councillor Reference Group determined that the issues faced by councils in the planning and management of green wedge areas should be further identified and explored. A survey was developed which asked councils to: identify current relevant strategic work, programs or projects identify perceived priorities for future activities audit current threats and issues. The survey was sent to all councils responsible for overseeing Melbourne’s green wedges. Greater Dandenong, Hume, Kingston, Knox, Manningham, Melton, Mornington Peninsula, Nillumbik, Whittlesea, Wyndham and Yarra Ranges responded to the survey. This represents 11 of the 16 councils responsible for green wedges, and provides a reasonable coverage of almost all green wedge areas. Since the data was collected and analysed, some progress has been made by councils in the development of strategic work or in program implementation. There has also been improvement to the support and resources provided by the Department of Sustainability and Environment and an increasing number of relevant Victorian Civil and Administrative Tribunal (VCAT) decisions. Some of these VCAT decisions have been outlined in the report to provide additional context. A later section in this report provides more detail of recent green wedge announcements and activities. Survey Findings Current Strategic Work, Programs or Projects Strategic work completed or underway Councils recognise the importance of proactive strategic work and have invested considerable resources in a number of relevant projects. The work undertaken by councils can be categorised into two types: operational work and broad strategic or policy work. The sorts of operational projects councils have undertaken include direct assistance and incentive based programs, such as sustainable land management incentive schemes, and local weed and pest animal action plans and programs. Broad strategic work includes flora and fauna studies, heritage studies and sustainable land management projects. Most strategic work had cost councils at least $40,000 and taken upwards of three months. Interface councils had primarily undertaken strategic projects which dealt with land and natural resource management. Councils that only oversee a small area of green wedge zoned land had undertaken strategic works concerning Environmental Significance Overlays, the review of Municipal Strategic Statements and broad non-urban area studies. Only one council had completed a green wedge management strategy at the time the survey was circulated. It cost $120,000 and took 15 months to complete. The subsequent Municipal MAV Green Wedge Research Report - November 2006 13 Strategic Statement review to strengthen their green wedge management strategy is 90% complete after two years and cost $60,000. Another council was 35% into its green wedge management planning process after one year, and estimated the cost at approximately $200,000. Strategic work proposed / identified Councils overseeing green wedge areas anticipate the need to invest significantly in future strategic work. Many intend to start a number of different strategic projects in the near future. Nearly all councils identified that over $100,000 would be required for this work. Strategic projects identified by councils include those that target specific issues such as land, pest and weed management, Ecological Vegetation Classes (EVC) mapping analysis and wildfire programs, as well as other land and natural resource management projects. Interface councils consistently identified green wedge management plans as important. However, there is confusion as to how long the project will take, how much it will cost and how it complements existing strategic work. Many were waiting on decisions or actions by other councils or State Government to be able to progress that work. Further guidance and direction on green wedge management plans was identified as being necessary to resolve uncertainties and discrepancies among councils and to ensure the efficient use of resources to complete this work. The Preparing a Green Wedge Management Plan General Practice note released in August 2005 has been helpful and goes some way in guiding the preparation of green wedge management plans. It sets out general requirements that should be met and covers the policy context, status and content of the plans. It also acknowledges the variations in green wedge areas and highlights the need to involve stakeholders. Yet despite the release of this practice note, the differing resources available to councils, differing approaches to common green wedge areas, and the uncertainty that still remains on funding, scope and status, were identified as needing further resolution. How the green wedge management plans complement existing policy, programs and knowledge, and how they impact on rural land within the Urban Growth Boundary is also unclear. Recommendation 1 Clarify the scope, process, role and status of Green Wedge Management Plans, and the likely resources required to develop and implement these plans. This clarification needs to recognise the differences in green wedge areas and between interface and metropolitan councils, as well as existing policy and programs. (Responsibility: Councils and DSE) Other relevant projects or programs The majority of councils are investing significantly in natural resource and land management through community education, management strategies and action plans. For example, many councils are involved in property management and planning projects for landholders and biodiversity community education programs. Ecological Vegetation Classes (EVC) mapping and condition assessments, as well as Sites of Biological Significance reports and reviews are of high priority within a number of councils. The data also revealed that councils intend to invest resources in incentive rate based programs and grant projects, such as Manningham’s BUSH gain scheme, Melton’s Environmental Enhancement Rebate and Mornington Peninsula’s Local Grants program. 14 MAV Green Wedge Research Report - November 2006 The relevant projects focussed strongly on Natural Resource Management (NRM) and land management, whereas projects that clarify buffer design or township structure and issues associated with urban uses were less common. Often initiatives were subject to funding or contingent upon other work. Interface council priorities are strongly policy based. The overwhelming majority of interface councils believe structure plans, EVC mapping, rural economic needs studies and implementation of already completed strategies and action plans are vital. The remaining Green wedge councils generally believe the review and implementation of Sites of Biological Significance strategies are a priority, as well as community based education and incentives schemes. It is clear that councils contribute significantly towards green wedge objectives through a broad range of established programs as well as new initiatives. There are opportunities to improve the exchange of knowledge about successful programs between councils and to investigate collaborative approaches to community information and education. Recommendation 2 Provide opportunities for councils to share best practice and practical experience in managing green wedges at an officer and councillor level. (Responsibility: MAV) Relative priority Councils have identified land management and policy development as high priorities within their broader strategic work program. Councils have included a mix of site and area specific works, as well as broad policy development and land management strategies. Councils appear to have identified more work than they have the capacity to complete in the short to medium term. Despite the identification of these priorities as high, resources available to address these priorities was an issue for many councils. One council expressed caution at committing further resources without clear indication that variations to existing statutory controls for non-urban areas, where justified, would be available as well as support and resources for implementation. The perceived importance of Green Wedge Management Plans (GWMP) varies from high priority in some councils to low in others. Interface councils’ priorities do not differ greatly from those councils whose municipality is predominately urban, except with regard to GWMP. All interface councils that listed GWMP as a priority have classified it as a high or urgent priority, while two predominantly urban municipalities have identified their GWMP as a low priority. The variation between council perceptions of GWMP and their importance is a recurring issue throughout the survey. Confusion regarding how much GWMP cost, how long they will take and how they will be actioned is also evident. These varying perceptions and diverse resource estimates in part reflect varying values, priorities and capacity between councils, as well as a lack of clarity and guidance from the Department of Sustainability and Environment. Current Threats and Issues Facing Councils Themes evident within councils’ responses were: Policy / zone concerns (land use buffers, guidance, discretion, residential encroachment and impacts) Development concerns and community sustainability (land use and urban pressures; long-term social and economic viability of green wedge communities) MAV Green Wedge Research Report - November 2006 15 Natural resource management and environmental concerns (native vegetation loss, unsustainable and/or inappropriate agricultural and industrial works Understanding of green wedge objectives. Pressures associated with demand for and proximity to residential uses and urban areas was present across all themes. Concerns about the level of State and Federal government support and the need for improved community awareness and land owner encouragement were also evident within all themes. Councils are faced with significant pressures in dealing with a diverse range of issues. Most issues or potential threats raised by councils were given high or medium importance. Most councils have already taken action on the issues they raised, many expressed frustration with progress. Although councils identified an intention to take action, or continuing action to deal with these identified threats, additional resources - including skills, finance, guidelines and opportunities for knowledge sharing - were required. The issues highlighted were similar for all councils and across all green wedge areas, despite these areas and councils differing considerably from west to east, and there was no significant distinction between interface and other green wedge councils. The data generated by the survey is detailed and a useful resource. This information has been included in Attachment 2: Survey Responses. Policy / zone concerns Policy Guidance Respondents felt the ‘one size fits all’ suite of statutory controls do not address current issues and limit opportunities for councils to create a sustainable and ‘owned’ planning framework. It was suggested that controls should be tailored to each green wedge (consistent across municipal boundaries) and the suite of land uses adjusted for non-urban areas. The need for flexibility in applying other non-urban zones, if more appropriate, was also raised. Councils pursuing this issue have been frustrated with departmental response to date. Councils were also concerned at the amount of strategic work required. Councils were concerned that future subdivision may not contribute to longer term outcomes in all zones. Guidance on appropriate siting and design to ensure sensitive development was seen as critical for areas of landscape or cultural significance. Respondents identified a need for further guidance regarding the exercise of discretion for uses that rely on terms such as ‘in conjunction with’ or ‘compatible with’ in the VPPs. The number and scale of non-rural uses in rural areas that link to rural uses was seen as significant and problems in ensuring a functional nexus between the main and supporting use, particularly in agriculture, without clear guidance were highlighted. Suggestions included that agricultural use must be established prior to other use, agriculture must be a viable use in its own right, discretionary use must offer clear synergies to be an 'associated' use or agriculture use must comprise 80% (or more) of land area, or of projected gross revenue, etc. In some cases councils felt the cap on numbers of seats, rooms or dwellings in the Green Wedge Zones was too high or not appropriate given the size of property or operation. Councils identified the need to manage the range of implications for existing uses (such as 16 MAV Green Wedge Research Report - November 2006 schools, churches and commercial facilities) on land that has been rezoned and may now be prohibited. In one case a council has prepared an amendment to a Special Use Zone to better provide for the future of that use. Recommendation 3 Develop greater clarity and guidance to: assist decision making on discretionary uses guide decision making on residential development on existing small lots improve siting and design in sensitive areas clarify when prohibited uses may become discretionary provide for the needs of existing, and now prohibited, uses (Responsibility: DSE) Recommendation 4 Review the role, location and management of buffer areas for growth area and green wedge planning to ensure that buffer areas contribute to the achievement of green wedge objectives. (Responsibility: Growth Area Authority) Residential encroachment The adequacy of current planning controls to deal with residential encroachment was questioned. Some councils felt that applicants were exploiting loopholes in the controls to pursue residential uses inconsistent with Green Wedge Zone objectives. This included the use of 99-year lease terms to avoid the need for subdivision. Caravan parks with moveable dwellings and residential golf course proposals were of concern to a number of councils. Impacts identified include poor access to services and transport and less efficient use of existing infrastructure. While councils indicated they often refuse such applications, their decisions were not always upheld at the Victorian Civil and Administrative Tribunal. The definition of accommodation types and associated provisions are not always a good fit with contemporary residential use and development. Respondents sought a review of definitions and for conditions or particular provisions to be introduced for particular forms of accommodation in the green wedge (eg host farm). A suggestion was made that the Green Wedge Zone should be amended to prohibit sites for permanent occupancy. Recommendation 5 Assess the adequacy and effectiveness of the existing Green Wedge Zone provisions and use definitions to manage residential encroachment into green wedges. (Responsibility: DSE) Buffers The Urban Growth Boundary, in places, follows a road or property boundary. Respondents felt this could contribute to incompatible adjacent uses and could undermine rural uses, and indicated that it could result in pressure to vary the Urban Growth Boundary over time. The need for well defined buffer areas in places where the Urban Growth Boundary is not readily defined (by say a freeway / natural feature) was seen as critical to the success of green wedge areas. A suggestion was made that buffers be located in the green wedge, or that they ‘straddle’ the Urban Growth Boundary, with incentives given to land owners such as flexibility to expand urban use. It was felt that buffer areas within the Urban Growth Boundary would continually be subject to urban pressures, although this is less likely when the buffer requirements are integrated into growth area planning at the outset. More discussion and guidance on the role and preferred location of buffer areas for compatible abutting future land MAV Green Wedge Research Report - November 2006 17 uses and management of the urban rural interface was seen as necessary. Respondents also suggested the need to alter the acceptable buffer distances in Clause 52.10. Development concerns and community sustainability Current uses and development Respondents reported considerable residential, recreational and commercial use and development pressures on land in green wedge areas, and indicated there is a reasonable volume of planning permit applications for most of the permit required ‘use’ fields. Common applications include dwellings (other than B&Bs), residential buildings and for industrial / agricultural works. The most significant category of permit applications in the green wedge areas was identified as residential use developments. Interface councils Whittlesea and Mornington Peninsula reported a significant number of residential dwelling type applications within Green Wedge Zone (GWZ) and Green Wedge A Zone (GWAZ) areas. Mornington Peninsula Shire recorded over 100 residential use applications in GWZ land. Hume, also an interface council, recorded a large number of ‘building and works’ type applications within GWZ and GWAZ land. Kingston City Council, a largely urbanised municipality, recorded a significant number of industrial / agricultural type applications such as recycling centres, extraction works and nurseries. Manningham, also a metropolitan council, recorded 60 residential development related applications within the municipality’s Rural Conservation Zone. The most common application types within the ‘other’ category were for nursery, materials recycling, animal keeping and subdivision. The applications were predominately for uses that are necessary to support urban areas and seek to locate in close proximity to urban areas. The survey did not explore the number of permits issued, issued with conditions, or refused, on each application type. Nor did the survey attempt to investigate the number of permit applications that progressed to the Victorian Civil and Administrative Tribunal. Further work is required to clarify if permits are generally issued, and under what conditions, or if there are a range of permit required uses that are generally refused. It would also be helpful to understand this across the different green wedge areas. Respondents felt there were limitations to the production of accurate data about the types of planning permit applications in the Green Wedge Zone. This analysis would be necessary to indicate whether a use or development which is currently permit required may better be considered as of right and not subject to permit, or perhaps should be prohibited. Councils have expressed concern at the extent of Schedule 2 uses. This could be further explored as part of the Cutting Red Tape in Planning initiative currently being undertaken by the Department of Sustainability and Environment. Recommendation 6 Improve data collection – through the Planning Permit Activity Report or through other appropriate mechanism – on the nature and volume of application types in green wedge areas to identify streamlining opportunities through statutory changes. (Responsibility: Councils) Changing rural land use The changing economics of rural land use, such as the decline in value of dry-land grazing and farming; high set up and risk associated with small farms; issues with right to farm; the sustainability of agricultural production on small allotments and rural ‘lifestyle’ living were 18 MAV Green Wedge Research Report - November 2006 raised. One council sought to increase minimum lots sizes, and did so through a panel process to avoid further fragmentation of rural lots. Intensive agriculture / commercial farming were often seen as being in conflict with the expectations of residents. Conversely, residential expectations were often seen as inconsistent with green wedge objectives. Increasingly, access to water for the rural industry and to agricultural service industries coupled with the shift to ‘lifestyle’ farming and rural living - were seen as placing pressures on rural land use. There was concern at the lack of resources available to meet rural township needs. It was felt that the benefits and opportunities on access to recycled water were not well understood. Long-term economic and social viability of green wedge communities Many issues facing rural communities in green wedge areas are similar to those in rural areas across the state. One council indicated it had no high value agricultural land and barriers to emerging forms of agriculture, and called for State government land subsidies to guarantee the economic sustainability of agriculture. Failing this, it called for the exploration of alternative land uses beyond those currently permitted in green wedges. Another council cited a large number of vacant lots in the green wedge with poor access to services, transport and existing infrastructure. Many of these existing lots are under the minimum lot size prescribed. While the existing zones are clear on future subdivision requirements, they are not as clear on the treatment of residential development on existing small lots (under the Schedule size), even though it is a discretionary use. Respondents also voiced concern at the lack of state government direction at a policy level on the future of green wedge land beyond natural resource management and conservation. Government commitment to the implementation of its sandbelt chain of parks which will require public land acquisition overlays and sustained State government support was questioned, as was the reconciling of Towards Zero Waste policy objectives and the desire of associated industries to locate close to urban areas. Recommendation 7 Clarify how rural economic and social issues, including the long-term productive use of land, in green wedge and rural areas will be addressed. (Responsibility: DSE) Residential Impacts Pressure from encroaching urban development was a challenge for councils. The very proximity of urban development was also a challenge, as were the impacts associated with residential construction itself (erosion, run-off, loss of vegetation, impact on waterways). This often includes earthworks to provide for swimming pools and tennis courts associated with a residential use. In some areas, sections of the community were described as ‘uninterested’ in protecting biodiversity, agriculture, landscape, heritage and cultural values. Councils felt this was reinforced by some ‘industrial‘ uses - such as concrete crushing or material recycling - being able to locate in green wedge areas. This was seen to undermine community understanding MAV Green Wedge Research Report - November 2006 19 of green wedge values more broadly. The desire for ‘industrial‘ uses to locate in green wedge areas near established urban areas concerned some councils. Recommendation 8 Clarify the circumstances under which ‘industrial’ uses - such as concrete crushing or material recycling – will be able to locate in green wedge areas. (Responsibility: DSE) Natural resource management and environmental concerns Land management Respondents identified a number of issues contributing to poor land management. They included: insufficient incentives for land owners to retain and maintain native vegetation and for biodiversity conservation; a shortage of funding for further flora and fauna research, management and education; the need for salinity mapping and studies; and a regional approach to climate change. Weeds were often cited as a major issue. Instances of rubbish dumping and vandalism were also identified. The use of land for rural-residential living was perceived as a key threat to biodiversity. The range of council programs that respond to threats to indigenous flora and fauna is vast. Councils are undertaking initiatives ranging from research, active bushland management, sustainability rebates, community partnership grants, support of friends’ groups, field officers, shire nurseries and community education. Councils also participate in state and federal initiatives. Area specific problems with locally tailored responses to weeds, pests and inappropriate/unsustainable agricultural practices were consistently highlighted and repeated throughout the survey. Respondents agreed there is a need to identify and protect areas of environmental significance and to identify unsustainable and/or inappropriate agricultural and industrial works. More support for businesses to become more environmentally sustainable was identified as necessary, with solutions including information provision through existing business networks. The need for improved coordination, information systems and leadership was identified and greater guidance from federal, state and regional levels was sought. Some concerns were expressed about the State’s implementation of action statements and the preparation of action plans for species in need of protection. Recommendation 9 Identify opportunities to encourage improved property management by: expanding ongoing education and financial incentives for landholders establishing mechanisms for sharing of experience and practice between landholders making links and forming partnerships with relevant government agencies and independent environmental groups including site specific strategies and actions on land management rather than broad region-wide directions. (Responsibility: Councils) Recommendation 10 Seek ongoing funding support from state and federal sources for policy development and implementation of green wedge management plans to protect green wedges. (Responsibility: MAV) 20 MAV Green Wedge Research Report - November 2006 Understanding of Green Wedge objectives Councils either believe green wedge objectives are clearly defined within their Municipal Strategic Statements or are defined in part with room for further improvement. The majority of respondents believe the council’s role in the planning and management of green wedge areas is clearly articulated and understood by officers. Respondents also believe that the council’s role in the planning and management of green wedge areas is understood by councillors, but to a lesser extent. This may indicate a range of views on council. Respondents indicated that community perception and understanding of council’s role in the management and planning of green wedge areas is mixed. Some councils indicated that their wider community does understand the council’s role, or does in part. Three councils (one interface) believe the community does not understand the council’s role in this matter. The majority of respondents indicated there is significant room for improvement in explaining and assisting community understanding and support for the purposes of green wedge areas. Improved community ownership and engagement with green wedge policy, strategies and works programs as well as further explanation and education were seen as necessary. Respondents recognised the contribution green wedge areas make to the liveability, sustainability and management of Melbourne as a whole and the audience for communications and education initiatives was seen to include both a local and broader metropolitan audience. The north-western green wedges, Mornington Peninsula, and the south-east green wedge region overseen by the City of Kingston are under great development pressure and those councils most strongly stressed the need for improvement. Recommendation 11 Continue community education and information campaigns to raise awareness and explain the values and purposes of Melbourne’s green wedges at a local and metropolitan wide level. (Responsibility: Councils) Recommendation 12 Support councils by providing ‘high level’ community information to explain the values and purposes of Melbourne’s green wedges. (Responsibility: DSE) MAV Green Wedge Research Report - November 2006 21 Recent VCAT Decisions The application and interpretation of the green wedge zones by councils is informed by recent decisions at VCAT. Although VCAT decisions do not provide formal direction to proponents and council, the decisions are of interest and can flag areas or issues of contention. The following VCAT decisions provide some useful context. Adjournment: Main Ridge Development, Keysborough - 02 MARCH 2006 The Minister for Planning called in a planning application for a golf course and accommodation development in a green wedge zone area in Keysborough. The applicant seeks a permit to build an 18-hole golf course, function centre and 394 accommodation units. The Minister for Planning was concerned that the application could be inconsistent with the strategic directions of Melbourne 2030 and the intent of the Green Wedge Zone. Minister Hulls called in the matter from VCAT where it was set down for review. Watson’s Pty Ltd had appealed the decision to VCAT after the City of Greater Dandenong refused the application on environmental, buffer and landscape grounds. The council said the proposed development amounted to urban development in a green wedge zone, and as such was inconsistent with the State Government’s Melbourne 2030 blueprint, and state and local planning policy. Dandenong Ranges Steiner School v Cardinia Shire Council - 10 JUNE 2005 VCAT overturned a decision to refuse a permit to construct a Steiner school to accommodate 150 primary school students outside the urban growth boundary. The council refused the application on the grounds that the educational facility was not ‘in conjunction with’ agricultural or natural systems and was a prohibited use in green wedge zoned land. The applicants took the decision to VCAT and agued that the history, philosophical basis, curriculum and the means by which the curriculum is developed and passed on relies heavily on the environment and natural processes. Subsequently, they felt their application for an educational centre ‘in conjunction with’ agricultural and natural systems was substantiated. VCAT found this argument to be acceptable and stated that as a general principle Steiner School curriculum is best taught in a location or environment where there is an opportunity for students to engage with agricultural pursuits and natural processes. Planning News identified that although the tribunal may have found a functional nexus between education as a use and agriculture and natural systems, it may have limited its decision to the particular circumstance of this proposal and argued that the Dandenong Ranges Steiner School case may have set an undesirable precedent if VCAT were to consider future applications for education centres outside the urban growth boundary that claim they are ‘in conjunction with’ agriculture and natural systems. This application was later appealed to the Supreme Court on the grounds that it is not the tribunal’s responsibility to characterise the proposed use as an education centre in conjunction with agriculture and natural systems and that the uses namely agriculture and natural systems were no more than ancillary uses in the application. The Supreme Court dismissed these grounds. 22 MAV Green Wedge Research Report - November 2006 Dromana Tourist Park Holdings Pty Ltd v Mornington Peninsula Shire Council - 20 JULY 2005 A permit was recently granted for the construction of buildings and works associated with the extension of the existing camping and caravan park and the removal of vegetation in Dromana. The application was for the development of an additional 70 sites and ancillary facilities at the Dromana Caravan and Tourist Park. The application was reviewed at VCAT after Mornington Peninsula Shire failed to grant a permit within the prescribed time. VCAT ruled that they were satisfied that the existing and proposed use of the land clearly falls within the meaning of a ‘camping and caravan park’ not a ‘residential village’ and that the park would provide tourist related accommodation. The extension of the existing camping and caravan park into the narrower, northern section of the site was viewed as a logical outcome, as the extension of the existing use would not fragment or alienate the rural use of land surrounding the site. Similarly, VCAT did not think the proposal had any discernible impact on the landscape values of the locality, which is already strongly influenced by major arterial roads as well as an existing camping and caravan park and drive-in. Furthermore, the site is located within reasonable proximity of services and facilities available within the Dromana Township. National Lifestyle Villages Pty Ltd v Wyndham City Council - 16 MAY 2006 A decision to refuse a permit for a National Lifestyle Village in a green wedge was recently upheld by VCAT after the application was found to be more of a ‘residential village’ then a ‘camping and caravan park’. National Lifestyle Villages Pty Ltd wished to establish a semi-permanent village on land at Point Cook. The proposal involved the placement of 292 factory-built homes in landscaped grounds with communal facilities. The homes were typically of 70 to 90 square metres in area and consisted of a kitchen, a lounge, one or two bedrooms, a bathroom and a carport. The tribunal found that the proposal was better characterised as a ‘residential village’ than a ‘camping and caravan park’ as the intent of the application was to house permanent residents. There was no provision for the temporary occupation of accommodation units, the accommodation units were modest, but were found to be significantly larger and better equipped than tents, caravans or cabins typically found in caravan parks. Furthermore, the accommodation units were unlikely to be moved and the communal facilities were generally directed towards recreation and did not include any significant communal facilities for ablution or cooking. MAV Green Wedge Research Report - November 2006 23 Conclusion Melbourne’s green wedges are a metropolitan asset and vary significantly from west to east. Councils have a long standing commitment to green wedge outcomes and have made a significant investment in strategic policy development, programs and works contributing to green wedge objectives. The approach and priority varies across the green wedge areas from west to east and between interface and urban councils. The planning and management of green wedge areas is complex and needs significant resourcing. Councils require increased support for land management programs and community education and at the same time require more flexibility, particularly regarding uses that require a planning permit, to provide for local circumstances. Green Wedge areas are predominately located within the interface council areas and many of these councils are experiencing significant levels of growth. The history of incremental incursions into green wedge land must not continue. These areas are of increasing importance for biodiversity, environmental, and lifestyle reasons. Ensuring viable non-urban uses in these areas in also critical to their long-term success. The long-term success of these areas will rely on clear policy, strictly and consistently applied and enforced, and the legislated Urban Growth Boundary is seen as a significant step forward. The Municipal Association of Victoria (MAV) calls for stronger support and guidance from the Department of Sustainability and Environment and other relevant agencies for councils with green wedge areas to achieve the metropolitan objectives and to ensure their long-term protection of these important metropolitan assets. The MAV is confident these recommendations will improve understanding of the issues councils face and the significant contribution they make towards green wedge areas. At the MAV Melbourne 2030 Councillor Reference Group it was resolved that: The information contained in the survey responses be made available to councils and DSE The recommendations contained in the report be supported That a summary report be prepared for the MAV Board detailing the key issues and recommended actions The survey be conducted regularly (3 years) to track progress in green wedge management and to identify support necessary for councils. 24 MAV Green Wedge Research Report - November 2006 Recent Green Wedge Announcements and Activities In October 2006, The Minister for Planning announced $350,000 in funding to help councils prepare Green Wedge Management Plans, and strengthened planning requirements to give landholders, developers and councils more certainty about what is and what is not allowed in Green Wedge Zones. Under the new planning provisions: A planning permit will be required for long-term leases for accommodation, to prevent projects being used as de facto residential housing developments ‘Urban’ uses such as restaurants, function centres and tourist accommodation must now show a genuine relationship with agricultural land use - landowners, for example, cannot plant a vine in the front yard, call themselves a winery and then develop a restaurant Minimum lot sizes will apply for land uses such as function centres, group accommodation, research and development centres, residential hotels and restaurants Recycling and refuse transfer stations in the Green Wedge Zones must not include construction or demolition materials, such as concrete crushing Existing schools wanting to expand must be in a Special Use Zone, stay within their existing land holding and have a masterplan showing the school’s ultimate development. These provisions, introduced through planning scheme amendment VC043, came into effect on 31 October 2006. The Municipal Association of Victoria and local councils have also made some progress in addressing the concerns raised in this report since the survey was undertaken. The table on the following pages summarises the extent to which the recommendations have been addressed by the State government announcement and recent local government activities. These recommendations should be revisited with green wedge councils to determine the ongoing relevance and priority. The new funding also needs to be allocated to councils in such a way as to assist councils with the greatest need and to ensure the maximum benefit to the widest range of councils. Continued advocacy to State Government and other agencies, using this document as a platform, can then be undertaken. MAV Green Wedge Research Report - November 2006 25 Recommendations Addressed To Date Rec Details Responsibility Yes 1 2 3 4 5 6 7 26 Clarify the scope, process, role and status of Green Wedge Management Plans, and the likely resources required to develop and implement these plans. This clarification needs to recognise the differences in green wedge areas and between interface and metropolitan councils, as well as existing policy and programs. Provide opportunities for councils to share best practice and practical experience in managing green wedges at an officer and councillor level. Develop greater clarity and guidance to: assist decision making on discretionary uses guide decision making on residential development on existing small lots improve siting and design in sensitive areas clarify when prohibited uses may become discretionary provide for the needs of existing, and now prohibited, uses. Review the role, location and management of buffer areas for growth area and green wedge planning to ensure that buffer areas contribute to the achievement of green wedge objectives. Assess the adequacy and effectiveness of the existing Green Wedge Zone provisions and use definitions to manage residential encroachment into green wedges. Improve data collection – through the Planning Permit Activity Report or through other appropriate mechanism – on the nature and volume of application types in green wedge areas to identify streamlining opportunities through statutory changes. Clarify how rural economic and social issues, including the longterm productive use of land, in green wedge and rural areas will be addressed. Councils and DSE Addressed Partly No No MAV DSE No Partly Comments Workshop / forum likely to occur in 2007 Recent Ministerial announcement provides some direction in this respect Growth Area Authority No DSE No Councils No DSE No MAV Green Wedge Research Report - November 2006 Rec 8 9 10 11 12 Details Clarify the circumstances under which ‘industrial’ uses - such as concrete crushing or material recycling – will be able to locate in green wedge areas. Identify opportunities to encourage improved property management by: expanding ongoing education and financial incentives for landholders establishing mechanisms for sharing of experience and practice between landholders making links and forming partnerships with relevant government agencies and independent environmental groups including site specific strategies and actions on land management rather than broad region-wide directions. Seek ongoing funding support from state and federal sources for policy development and implementation of green wedge management plans to protect green wedges. Continue community education and information campaigns to raise awareness and explain the values and purposes of Melbourne’s green wedges at a local and metropolitan wide level. Support councils by providing ‘high level’ community information to explain the values and purposes of Melbourne’s green wedges. Responsibility DSE Yes Yes Addressed Partly No Councils MAV No Yes Councils DSE MAV Green Wedge Research Report - November 2006 Comments Appropriate distribution of funds to be determined Partly Ongoing activity No 27 Attachment 1: Survey MAV MELBOURNE 2030 GREEN WEDGE AREAS SURVEY 2005 Purpose This survey seeks to identify and explore issues faced by councils in planning and management of Green Wedge areas. The survey asks councils to: identify current relevant strategic work, programs or projects identify perceived priorities for future activities audit” of current threats and issues Who has the Survey been sent to? The following councils, to a greater or lesser extent, contain Green Wedge areas Wyndham, Whittlesea, Melton, Nillumbik, Maroondah, Hume, Brimbank, Manningham, Casey, Cardinia, Mornington Peninsula, Frankston, Yarra Ranges, Knox, Greater Dandenong and Kingston. Green Wedge areas are defined as those predominately non-urban areas outside of the Urban Growth Boundary. Who should complete the survey? the strategic planning and environmental planning areas of council, and signed by the relevant Director to better reflect organisational views. Given the political sensitivity surrounding many aspects of green wedge planning and management, it is suggested that councillors be consulted in the completion of this survey. What happens to the survey results? Responses will be aggregated to develop a clearer understanding of local government green wedge activities and issues to inform MAV priorities and advocacy in this area. A summary report will be provided to all survey participants and made available to members of the MAV M2030 Councillor Reference Group and MAV M2030 Planning Technical Committee, whose membership includes DSE. How long will it take? The survey should take about 30 minutes to complete, although you may need to gather some information from other sections of council. Please fully complete the survey. Disclaimer and Privacy Notification Completed survey forms will be retained by the MAV and will not be distributed outside of the MAV. Personal information requested on this form is being collected by the MAV for the sole purpose of the Green Wedge Survey. Questions should be directed to Liz Johnstone, Melbourne 2030 Senior Liaison, on ph. (03) 9667 5585 or email ljohnstone@mav.asn.au Thank you for your time in completing this survey. Please return completed survey by Monday 3rd October, 2005 by email (preferred) or fax to 9667 5550. 28 MAV Green Wedge Research Report - November 2006 SECTION 1. COUNCIL CONTACT 1.1 Preferred council contact for discussion of issues raised in this survey. Name:____________________________________________________________________ Name of Council:____________________________________________________________ Position in Council: __________________________________________________________ Postal Address: _____________________________________________________________ Phone: ____________________ Fax: ____________________ Mobile: ______________ Email: ____________________________________________________________________ Relevant Green Wedge Area/s: ________________________________________________ SECTION 2. CURRENT STRATEGIC WORK, PROGRAMS OR PROJECTS What is the nature and status of current strategic planning work for the Green Wedge Areas as well as any other relevant programs or projects? 2.1 Strategic work completed or underway. % complete Duration Estimated Please list relevant strategic planning work (date started and total cost completed or currently underway (in priority order) due to complete) (incl. staff time) Eg Environmental Significance Overlay 100% May 04 – Jan 05 2.2 Strategic work proposed / identified (subject to budget) Anticipated (in priority order start date Eg Green Wedge Management plan Jan 06 Duration $75,000 Estimated total cost 12 months $120,000 2.3 Other relevant projects or programs in priority order Status Duration Est. Cost Eg EVC mapping ; land capability assessment etc 75% Aug 04 – $150,000 Nov 05 MAV Green Wedge Research Report - November 2006 29 2.4 Relative priority – vis-à-vis other strategic planning priorities High Medium Low (such as structure plans, neighbourhood character studies etc) what is the relative priority of the strategic work proposed in 2.2 above? Please comment as required. SECTION 3. CURRENT THREATS AND ISSUES FACING COUNCILS PLANNING AND MANAGEMENT OF GREEN WEDGE AREAS - Green Wedge areas provide for a range of uses including agriculture, tourism, recreation and conservation with their individual characteristics across Melbourne. What is the nature and scale of current critical issues facing councils in the green wedge areas and what action could be taken? 3.1 Context - a) Are objectives for Green Wedge areas clearly defined within your councils Municipal Strategic Statement? Yes No In part (please tick a box) b) Is councils’role in the planning and management of Green Wedge areas clearly articulated and understood? by councillors Yes No In part by officers Yes No In part by the community Yes No In part (please tick a box) c) Would you perceive that the dual purpose of Green Wedge areas (to contain urban growth and protect rural land) is understood and valued by your community? Yes No In part (please tick a box) d) Range of uses and zones – to better understand the volume and nature of planning applications being dealt with at your council, please identify the nature and number of planning applications within the Green Wedge Areas of your municipality (estimate if not known) since their introduction. This is an incomplete list of section 2 uses – please add others as relevant. Section 2 – permit required use Green Wedge Green Wedge Zone A Was there an overlay/ Zone (GWZ) (GWAZ) other trigger for permit. Please specify Camping/Caravan park Car park Cattle feedlot Dependent person’s unit Dwelling (other than B&B) 30 MAV Green Wedge Research Report - November 2006 Education Centre Function Centre Group accommodation Leisure and recreation Residential Building Residential hotel Restaurant OTHER eg extractive uses etc 3.2 Identification of Issues / threats to the objectives of the Importance Green Wedge areas –Please list the range of issues and threats High Action Medium Low Yes No that you experience in your council area, their relative importance and whether your council has been active in trying to address that issue or threat. 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – ie most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date Eg Happydaze caravan Permanent residents in Change GWZ to prohibit Letter to Minister 01/08/05 park - extension of site non-urban areas lead to or limit the number of Appearances at VCAT into adjacent (previously poor access to services sites for permanent pitch and putt ancillary and transport and less occupancy. recreational area) for efficient use of existing Change to building additional sites for infrastructure. standards to ensure permanent occupants. permanent sites are subject to the same building standards as for residential construction. MAV Green Wedge Research Report - November 2006 31 SECTION 4. ADDITIONAL COMMENTS Please take this opportunity to make comment about this survey or other matter that you would like to raise that is relevant to either the green Wedge Areas or Melbourne 2030 more broadly. __________________________________________________________________________________________ TIME TO COMPLETE__________________________________________ Signed: ______________________________________________________________________________ Position in Council: ____________________________________________________________________ 32 MAV Green Wedge Research Report - November 2006 Attachment 2: Survey Responses Colour Code Wyndham = Orange Melton = Light Orange Hume = Pink/Orange Whittlesea = Yellow Nillumbik = Light Green Manningham = Green Knox = Blue/Green Greater Dandenong = Blue Kingston = Light Blue Mornington Peninsula = Aqua Yarra Ranges = Purple Interface councils Question 2.1 Current relevant strategic planning work completed or currently underway Wyndham Environmental Planning Atlas (including land capability) Werribee South Green Wedge Policy and Plan Wyndham Biodiversity Study Werribee South Coastal Landscape Assessment Shire of Melton Rural Areas Strategic Review Heritage Study Hume Environmental Planning Atlas Hume Agribusiness Project Hume Indigenous Vegetation Study Hume Fauna Study State of the Environment Project Hume Sustainable Land Management and Integrated Weed Control Strategy 2003 – 2006 Hume Environmental Sustainability Framework Hume Natural Heritage Strategy Hume Sustainable Land Management Incentive Scheme Rural Review: Draft for Consultation Review of Environmental Significance Overlay (Stage One) Green Wedge Management Plan State of Environment Report Local Weed Action Plan Heritage Overlay review Interim Policy for Residential Use in the Green Wedge Restructure Overlay for small lots Municipal Strategic Statement Review MAV Green Wedge Research Report - November 2006 % complete 100 Duration Jun 03 - Apr 04 Estimated total cost $110, 000 75 75 50 100 80 100 100 100 100 100 100 Jan 04 - Dec 0 Jan 05 - Nov 05 Jan 03 - Dec 05 2002 – 2003 2003 – Feb 06 2004 2004 2003 2004 2003-2005 2002 $120, 000 $90, 000 $60, 000 $100, 000 $65, 000 $70, 000 100 80 80 2002 Oct. 2005 2005- 2006 $40, 000 $47, 000 100 5 1997 – May 2000 Sept 05 - Jan 06 $80, 000 $70, 000 35 85 50 45 50 75 85 12 months 12 months 12 months 8 months 3 months 3 months 6 months $200, 000 $60, 000 $40, 000 $40, 000 $40, 000 $20, 000 $15, 000 33 Current relevant strategic planning work completed or currently underway Implementation of Domestic Waste Water Strategy Implementation of Municipal Public Health Plan Manningham Green Wedge Strategy 2004 Review and revisiting the Manningham Municipal Strategic Statement to strengthen strategic policy in line with the Manningham Green Wedge Strategy 2004 Review of the Environmental Significance Overlay Knox Planning Scheme Amendment C40 Knox Planning Scheme Amendment C50 (MSS) Environmental Significance Overlay South East Non Urban Area Study Heatherton, Dingley and Clayton South Non Urban Strategic Review Submission to Melbourne 2030 % complete 40 40 100 90 Ongoing Ongoing Sept 02 - Nov 04 June 03 - June 05 Estimated total cost $25, 000 p.a $50, 000 p.a. $120, 000 $60, 000 Submission on Proposed New Non Urban Zones 100 Review of Special Use Zone (Schedule 2) 30 Review of LPPF local policies related to uses in the rural areas following intro of GW zone. (High importance - pressure for various non-rural uses in green wedge could threaten its future) Strategic Landscape Assessment (pilot). Joint project with SRP unit of DPI - (Key project for protection of values of Green Wedge but difficult to link assessment with effective policy and control mechanisms - hence pilot project) Sustainable Rural Strategy (including land capability assessment) Note not finalised pending incorporation into Green Wedge Management Plan Green Wedge Management Plan (incorporating local implementation plan for Regional Catchment Strategy) Greenhouse Alliance Project for Westernport 50 Oct 04 - June 06 Jan 03 - Mar 06 May 03- Apr 06 02 - 06 Completed 1997 Completed June 2002 Completed February 2003 Completed February 2004 Commenced March 2005. Complete Early 2006 During 2005 70 Oct 04 - Dec 05 $20, 000 95 Oct 02 - Dec 03 $150, 000 10 Jul 05 - Jun 06 $20, 000 10 Jun 05 - Jun 06 $25, 000 (total project cost $140, 000) Domestic Wastewater Management Strategy Review of planning controls and operational procedures for areas subject to landslip risk Review of Ben Cairn Estate Restructure Plan (as basis for preparation of planning scheme amendment for restructure of 270 lot subdivision in high landslip risk area) Environment Strategy/Framework Review of Local Planning Policy Framework (which will incorporate review of MSS and local policies relating to urban and green wedge areas) 90 90 Jul 05 – Jun 06 May 04- Dec06 80 Jan 05 – Nov 06 30 10 Jul 05 – Dec 06 Jun 06-Jun 07 34 60 80 70 60 100 100 Duration 100 $40, 000 $120, 000 $70, 000 $80, 000 N/A $60, 000 $30, 000 $5, 000 $20, 000 $5, 000 MAV Green Wedge Research Report - November 2006 Question 2.2 2.2 Strategic work proposed / identified Werribee South Green Wedge PLANNING PANEL Western Plains Green Wedge Plan Significant Landscape Overlay (SLO) Green Wedge Management Plan Environmental Atlas Green Wedge Management Plan (existing grant with Wyndham and Melton Councils) Green Wedge Management Plan Review of the Sustainable Agriculture Rebate Housing Affordability Study EcoSystems Services (include Biodiversity as Offsets to Greenhouse emissions) Environmental Significance Overlay Review (Stage 3) Review of Environmental Significance Overlay 2 Yarra River Environs Preparing Guidelines for the preparation of Land Management Plans Identifying and mapping additional sites of identified wildfire risk and including in the Wildfire Management Overlay Identifying current and potential wildlife corridors for the enhancement of linking corridors between sites of significance Review cat and dog controls in environmental sensitive areas Reviewing Clause 22.02 Indigenous Flora and Fauna Policy to incorporate issues relating to Net Gain Green Wedge Management Plan Review of Boral (Lysterfield) Quarry Rehabilitation Plan Green Wedge Management Plan Sites of fauna significance (key input is potential sites identified in the survey of remnant vegetation - EVC mapping) Analysis of EVC mapping data and policy development Green Wedge Management Plan (will be undertaken as part of wider review of Local Planning Policy Framework) Rural Strategic Review (Wider review of a range of rural strategic issues that will be used to inform future revision of LPPF and matrix of planning controls for Green Wedge areas. It is expected to include a range of specific research projects that will address key issues) MAV Green Wedge Research Report - November 2006 Anticipated start date March 06 Jan 2006 Oct 2005 Awaiting Ministerial Direction on SMART Growth Committee recommendations Jan 06 TBD Jan 2006 Jan 2006 TBC TBC Duration I week 12 months 6 months 6 months ? Subject to finalisation of brief 14 months 12 months 10 months 10 Months Estimated total cost $20, 000 $120, 000 $12, 000 $100, 000 $140, 000 $15, 000 $60, 000 Unknown 2006/2007 Financial Year 2005/2006 Financial Year Jan 2006 $70, 000 + 12 months $30, 000 18 months $10, 000 Jan 2007 12 months $20, 000 Jan 2006 18 months $7, 000 Jan 2007 12 months $4, 000 Jan 2006 18 moths $7, 000 06 6 months May 06 2006 12 months 12 months 2006-07 2006 Jun 06 2006-07 12 months Jun 07 24 months $80, 000 N/A $5, 000 35 Question 2.3 2.3 Other relevant projects or programs in priority order Green Wedge Buffer Design Provisions and Guidelines Vegetation Protection Overlay (VPO) Werribee South Green Wedge Township Structure Plan Little River Green Wedge Township Structure Plan Environmental enhancement rebate Implementation of the objectives of the Regional Catchment Strategy Kororoit Creek Regional Strategy 2005 Toolern Vale Biodiversity Action Plan EVC Mapping Rural Economic Needs Study Review of Whittlesea Township Local Structure Plan/ Urban Growth Boundary Review State of Environment Report Open Space Strategy Local Weed Action Plan Land Management Incentives Manningham City Council - Sites of Biological Significance Review 2004 The Green Wedge Land Capability Study March 2004 Development of a local government Net Gain Implementation Plan Pilot project of council's new financial incentive and reward scheme called "BUSH Gain" Delivery of Property Management Planning Courses for landholders Biodiversity Community Education Programs Green Wedge Sustainable Schools Program Increase incentives for Conservation Covenants and Land for Wildlife properties Mapping of priority weed species to assist in developing weed management programs Implementation of sites of biological significance recommendations EVC mapping and condition assessment Stream watch and Water watch program Land Sustainability Rebate Scheme Bushland reserves Biodiversity survey and management plans Land Grants program (small scale grants to private owners for weed control, pest control, erosion control, streamline protection, etc) Land Protection officer contribution Housing Strategy Implementation of Weed Management Strategy 36 Status Duration Proposed but no 6 months funding Proposed but 6 months dependant upon outcomes of Biodiversity Study Long term 12 months Estimated Cost $20, 000 $10, 000 $40, 000 Long term Ongoing 90 % 12 months Ongoing $60, 000 $1.2 million $250, 000 90 % 90 % - Jun 04 – Mar 06 Jun 04 – Mar 06 May 06 – May 07 May 06 – May 07 May 06 – May 07 $10, 000 $40, 000 $25, 000 $20, 000 In preparation Draft In preparation Implementation 100 % 12 months 2 years 12 months Ongoing Jun 02 – Nov 04 $60, 000 $40, 000 $40, 000 $150, 000 $150, 000 100 50 Oct 03 - Mar 04 Jun 04 - Jun 06 $50, 00 $46, 000 60 Jan 05 - Dec 06 $46, 000 Ongoing Ongoing Ongoing 50 50 Ongoing Oct 04 - Dec 07 Jun 05 - Jul 06 50 Jul 04 - Dec 05 $22, 000 15 % June 05 $70, 000 85 % complete Current Current Current 2003 - 2006 Ongoing Ongoing 12 months $10, 000 per course $5, 000 $10, 000 $150, 000 $20, 000 p.a. $200,000 p.a. $60, 000 Ongoing $50, 000 Annual Ongoing? $25,000 (05/06) 80% Ongoing Jun 04 – Dec 06 Jul 06 – Jun 07 MAV Green Wedge Research Report - November 2006 2.3 Other relevant projects or programs in priority order Environmental and planning compliance action plan, focussing on vegetation protection Township Development and Community Engagement Strategy Community engagement and capacity building program for the Shire’s Friends groups Tourism Strategy Planting program of 10,000 trees per annum in roadside and bushland areas Design guidelines for development in rural landscapes and townships Status Duration Jan 2006 18 months Jul 2006 12 months July 2006 12 months Not commenced Not commenced Dec 06 – Jun 07 Jul 06 – Jun 10 Not commenced Jun 07 Question 2.4 2.4 Relative priority – vis-à-vis other strategic planning priorities Green Wedge Buffer Design Provisions and Guidelines Vegetation Protection Overlay Werribee South Green Wedge Township Structure Plan Little River Green Wedge Township Structure Plan Green Wedge Management Plan Environmental Atlas Green Wedge Plans Very limited resources not withstanding ‘high’ priority Projects will be identified following the completion of the Green Wedge Implementation Plan. (The Green Wedge is a high priority with Council thus the preparation of the interim Green Wedge Policy which will remain in place until the GWMP can be implemented. The introduction of the Restructure Overlay was also commenced as a matter of urgency to prevent further development of existing small lots in the Smith's Gully area.) Preparing Guidelines for the preparation of Land Management Plans Identifying and mapping additional sites of identified wildfire risk and including in the Wildfire Management Overlay Identifying current and potential wildlife corridors for the enhancement of linking corridors between sites of significance Review cat and dog controls in environmental sensitive areas Reviewing Clause 22.02 Indigenous Flora and Fauna Policy to incorporate issues relating to Net Gain Green Wedge Management Plan Boral Lysterfield Quarry Rehabilitation Plan Green Wedge Management Plan Kingston is willing to prioritise work within its Non Urban Area provided support is obtained from the Minister of Planning to examine variations where justified to the recently introduced statutory controls. Without such support from the Minister it is considered that as with recent submissions on this issue, the cost of expending substantial resources without clear support for implementation, weakens the basis for prioritising further work in the non urban area Activity Centres Strategy (role and function of all centres) near complete Activity Centre Structure Plan Mornington 50% complete Activity Centre Structure Plan Rosebud due to commence Dec 05 Activity Centre Structure Plan Hastings due to commence March 06 MAV Green Wedge Research Report - November 2006 High High Estimated Cost Medium Low Medium Medium Low High High High High High High Medium Medium Low High Low Medium Low High High High High 37 2.4 Relative priority – vis-à-vis other strategic planning priorities Activity Centre Structure Plans for Neighbourhood Centres 14 No. Local Housing Strategy and review of current DDO's - pending Regional Housing Statement Review of Planning Scheme (specific parts require early review to manage the number of planning applications) Parking Precinct Plans for most Activity Centres - requires progress in structure plans Neighbourhood Character studies various localities - existing DDO's address many of the concerns in key areas of the municipality Coastal Management Plans for Hastings South, Mornington, Mt Martha and Flinders (Submarine proposal related to Hastings S and Safe Harbour/Marina EES in Mornington area) High High Some Camping/Caravan park Car park Cattle feedlot Dependent person’s unit Dwelling (other than B&B) Education Centre Function Centre Group accommodation Leisure and recreation Residential Building Residential hotel Restaurant 38 Others Medium Hastings Mornington Question 3.1 a-c Camping/Caravan park a) Are objectives for Green Wedge areas clearly defined within your councils Municipal Strategic Statement? b) Is Councils’ role in the planning and management of Green Wedge areas clearly articulated and understood? - by Councillors - by Officers - by the community c) Would you perceive that the dual purpose of Green Wedge areas (to contain urban growth and protect rural land) is understood and valued by your community? Green Wedge Zone (GWZ) 5 3 (1 pending) 7 150 2 3 6 (1 pending) 9 9 1 6 Low High A range of site-specific strategic projects of varying importance such as Tyabb Airfield environs. Cape Schanck resort area planning controls, Port area land use planning, Developer contribution plans, ODP Mornington north Planning scheme amendment - significant number of requests and applications for amendments to enable site-specific developments in urban areas for retirement villages, schools, increased dwelling density close to facilities. Preparation of Green Wedge Management Plan (will be undertaken as part of wider review of Local Planning Policy Framework) Rural Strategic Review (wider review of a range of rural strategic issues that will be used to inform future revision of LPPF and matrix of planning controls for Green Wedge areas) Question 3.1 d d) Range of uses and zones Section 2 – permit required use Medium Medium Mt Martha and Flinders High Medium Medium Low Yes 6 No 0 In part 5 4 6 3 3 0 0 3 3 7 5 5 5 Green Wedge Zone A (GWAZ) 0 0 0 5 35 0 0 0 2 0 0 0 Overlay/ other trigger for permit. 0 1 1 64 4 3 0 3 0 0 0 MAV Green Wedge Research Report - November 2006 d) Range of uses and zones Section 2 – permit required use OTHER eg extractive uses etc Green Wedge Zone (GWZ) 27 (+ 53 building and works) Green Wedge Zone A (GWAZ) 2 (+37 building and works) Overlay/ other trigger for permit. 7 Note from Yarra Ranges: The software used by Yarra Ranges for its planning register does not readily allow the data to be collated in the manner outlined above. Furthermore, the operation of Clause 53, which is unique to Yarra Ranges, serves to substantially alter the range and type of applications considered by the Shire compared to other green wedge municipalities. The Shire deals with the second largest number of applications in the State, largely due to the operation of Clause 53 and the green wedge provisions. The vast majority of these applications relate to dwellings, dwelling additions and buildings ancillary to dwellings and agricultural activities. Question 3.2 Note Hume (Refer to Hume Agribusiness Report Executive Summary) Whittlesea (Refer to attached Council Report and letter to Minister for Planning) 3.2 Identification of Issues / threats to the objectives of the Green Importance Wedge areas –Please list the range of issues and threats that you High Med Low experience in your council area, their relative importance and whether your council has been active in trying to address that issue or threat. High No universal guidelines for interpreting the concepts "in association with" and "compatible with" and for making decisions Additionally many uses have been discretionary uses provides a loophole for inappropriate development Green Wedge is the only affordable land for many non-residential uses need Med alternatives if these uses are not appropriate for the Green Wedge No clear plan for long-term buffer uses leads to ad-hoc development of High strategic interface areas and exposes incompatible uses to each other (eg agriculture or animal husbandry with residential development) Need flexibility to apply other non-urban zones if more appropriate High Lack of services available to rural townships Med Poor land management practices with inadequate incentives for landowners Med to retain and maintain native vegetation High Weed management Decline in the value of dryland grazing and farming Med Rubbish dumping and vandalism Med Pest Animals Med Access to water for rural industry High High set up costs and risk of failure for small farms Med Development pressure caused by encroaching residential areas High High Agricultural Viability Social Sustainability High Weeds High Economic Sustainability High 'Right to Farm' Med Loss of Agricultural services Med Urban Pressure High Shift in land holder type - move towards lifestyle farming / rural living High Lack land management skills among many land holders High High Economic viability of rural enterprises Weeds and Land Management High Urban-rural interface issues Med MAV Green Wedge Research Report - November 2006 Action Yes No Yes No Yes Yes No Yes Yes No Yes Yes Yes No No Yes Yes Yes Yes No No No Yes Yes Yes Yes Yes 39 3.2 Identification of Issues / threats to the objectives of the Green Wedge areas –Please list the range of issues and threats that you experience in your council area, their relative importance and whether your council has been active in trying to address that issue or threat. Protection of places of environmental significance Sensitive development and design in areas of landscape and cultural significance. Residential Development -environmental damage created by the construction of dwellings -residential activities inconsistent with environmental values Inappropriate commercial/intensive farming Vegetation clearance (legal and illegal) Pest Plants and Animals Poor Land Management Practices Expectations of residents inconsistent with protecting Green Wedge conservation values Biodiversity Conservation Shortcomings in the application of the ESO Loss of native vegetation due to development and incremental loss Impact on waterways and landscape due to earthworks Continued functioning of schools, churches and other places of assembly due to change in zone Unsustainable agricultural land use Inadequate support for businesses to become more environmentally sustainable Sections of the community uninterested in protecting biodiversity, agriculture, landscape, heritage and cultural values Inappropriate infrastructure that is contributing to the degradation of the environment Inadequate state and federal government financial support Further subdivision in GWZ Land management (particularly weeds) Caravan Park (pre-application enquiry) State Government change in policy Residential Development / Golf Course Proposals ONE SIZE FITS ALL APPROACH - Sustainability of the Non Urban Area based on the palette of available land uses and restrictive conditions imposed through Green Wedge Zone and Metropolitan Core Planning Provisions POTENTIALLY INAPPROPRIATE INDUSTRIAL ACTIVITIES IN KINGSTON'S NON URBAN AREA (ie concrete crushing proposals). Panel/Advisory Committee currently investigating this issue SUSTAINABILITY OF AGRICULTURAL PRODUCTION ON SMALL ALLOTMENTS (see Figure 33 Melbourne 2030 - No High Value Agricultural Land anywhere near Kingston) (Investigated as part of 2002 Strategic Review) STATE GOVERNMENT COMMITMENTS TO THE IMPLEMENTATION OF SANDBELT CHAIN OF PARKS (Melbourne 2030 Policy Commitment Initiative 5.7.3 RECONCILING GOVERNMENTS TOWARDS ZERO WASTE INITIATIVES WITH ALLOWABLE LAND USE ACTIVITIES IN NON URBAN AREAS Use of 99 year leases to circumvent subdivision controls in GW (sought DSE advice and action - DSE officers addressed Council - raised through MAV - raised through Interface Councils DSE - still not resolved) VCAT decision of Caravan Park Dromana and implications - written to DSE 40 Importance High Med Low High Action Yes No Yes Yes Med High Yes Med Med Yes Yes Yes Yes Yes High High High High High High High No Yes Yes Yes Yes Yes Med Med Low Yes Yes High Yes High Yes High High High High High High Yes Yes Yes Yes Yes Yes Yes High Yes High Yes High Yes High Yes High Yes High Yes Med No MAV Green Wedge Research Report - November 2006 3.2 Identification of Issues / threats to the objectives of the Green Wedge areas –Please list the range of issues and threats that you experience in your council area, their relative importance and whether your council has been active in trying to address that issue or threat. and discussed with DSE Number and scale of non-rural uses in rural areas that some link to rural areas - need for consistent approach to "in conjunction with" to ensure a functional nexus between the main and supporting use. The cap on numbers of seats rooms or dwellings in GW zone too high in many cases for the size of the property or operation (sought assistance from DSE - reviewing policy work in Planning Scheme to provide guidance) Further fragmentation of rural lots (sought to increase minimum lots size interim controls supported by Minister panel supported. Minimum increased) Salinity. Would like funding for further study Climate change. Council is participating in regional project Threats to indigenous flora and fauna. Council is undertaking a range of initiatives including research, active bushland management, sustainability rebates, community partnership grants, support of friends groups, field officers, Shire nursery and community education, participation in State/Federal initiatives (eg Input to Native Vegetation Management Framework Operational Guidelines Project) Trend to construction of larger dwellings and expansion of existing dwellings – site coverage, vegetation loss, visual impacts Pressure to accommodate golf courses, major churches and other space intensive uses displaced from urban areas Demand for controlled growing conditions for horticulture (igloos, hail netting) Declining standards of rural land management where agriculture is displaced by rural residential use Long term decline in vegetation quality of remnant bushland areas due to incremental clearing, weed invasions and lack of skilled land management Tourism/major events – impact on agricultural areas Logging of privately owned forest - in Rural Conservation areas MAV Green Wedge Research Report - November 2006 Importance High Med Low Action Yes No High Yes High Yes High High High Med Yes Med Yes Med Yes Med Yes High Yes High Yes Med 41 Question 3.3 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date Policy/Zone Concerns State Government Supersedes existing Recognize existing policy Letter to Minister change in policy local strategic policy Impact on the A number of schools, Council has prepared a Council has requested operation and churches and commercial proposed Planning Scheme consent to prepare the ongoing function of facilities have been Amendment for the Donvale amendment on December schools, churches rezoned as part of the Christian College rezone the 2004. No advice has yet and implementation of the land to Special Use. We are been received restaurants/function Green Wedge. These currently awaiting Ministerial centres within the premises are now consent to prepare this Manningham prohibited and it is difficult amendment, which was Green Wedge to know whether they will requested in December 2004. be retained in the long 2. It is hoped that this form of term amendment could serve as a model for other acceptable uses within the Manningham Green Wedge It is inevitable that the Where the UGB cannot be (a) Submission on Failure to Melbourne 2030, (b) provide an effective UGB will sometimes follow located along a legible, a local road, or property effective barrier like a freeway, positive reactions from strategy to create boundary, or even cross a wetland, grassland, woodland, some DSE personnel; (c) green wedge property. or major park, etc, a buffer support in principle from buffers This: needs to be created if at all Committee for Smart (a) typically places possible. The simplest method Growth; (d) application via incompatible uses is to define a buffer belt, placement of wetlands to opposite or adjacent to immediately outside the UGB, the south of Point Cook, each other; within which the normal green inside the UGB, but not (b) commonly undermines wedge controls apply, except if where wetlands are not the viability of the rural a proposal constitutes a practical, (e) favourable use, especially if it defined GW Buffer Project initial reaction from one or generates off-site odours, (GWBP). This may be a golf two members of the Green sprays, noises, etc that course, habitat restoration Wedge Coalition, on a brief become severely area, major park, or land verbal introduction; but regulated, or it suffers extensive private school, etc. now at a point where we from dust, litter, run-off, Most of these, (except the need to take the idea weeds, marauding dogs, school) could locate in a GW further, with a case where people (or cats), etc; and anyway. However, to get them there is little chance of (c) fosters and facilitates to locate in the buffer, they success except outside the calls to move the UGB or would be able to extend the UGB. allow other incompatible urban use from inside the uses, and provides a UGB, to [say] 20-25% of the foundation for compelling land area, providing that (a) the cases in some instances. buffer use physically separates the urban and rural activities by [say] 200m, (b) the buffer use itself is designed to minimise any impacts that may affect either adjacent use, (c) the urban activities are accessed off the urban side and 42 MAV Green Wedge Research Report - November 2006 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date integrated into that area, with no access into the farming side, etc. Rural uses like vineyards may be acceptable if they can get over their own conflicts with housing - eg in use of sprays, etc. Minimum areas would probably be required. Schools would need wide, effective buffers, so very large sites. [If the buffer is proposed within the UGB, there will be enormous duress on the RA to effectively waive it, as it eats precious urban land, etc, etc.] One Size Fits All 1. Insufficient consultation Provide Councils like Kingston Correspondence with the Approach to or strategic rigour has with a confidence that the Minister for Planning is Planning Controls been put into developing statutory system is sufficiently outlined below: tailored controls that are flexible to accommodate local 1. Original Melbourne 2030 responsive to each green circumstance. If tailored Submission - Feb 2003. wedge. The Green Wedge controls are necessary for 2. Submission to Minister Management Planning some Council, they should be on Proposed New Rural process cannot for instituted. Zones - February 2004. Kingston achieve a 3. Standard letter from sustainable outcome if the Minister on 14 May in untested statutory response to February provisions are Submission - Limited if any predetermined prior to the real consideration of strategic planning work. relevant local issues. 2. Kingston is unable to 4. Letter to Minister 26 state confidently that the May 2004 seeking limited palette of land uses agreement from State is sufficient to improve its Government to 'policy non urban area. neutral' approach in Attachment A provides a seeking to development comprehensive analysis of sustainable planning this. framework for Non Urban Area (No Written Reply) 5. Meeting with Senior Departmental and Ministerial Staff (October 2004) 6. Letter to Minister 26 October, 2004 seeking agreement and funding for further strategic work. (No written reply) State Government 1. Initiative 5.7.3 of 1. Continual commitment by 1. Council reinforced this Commitment to Melbourne 2030 highlights the State Government through issue as part of the MAV Green Wedge Research Report - November 2006 43 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date Chain of Parks the importance of the its budget process to consultation process for Sandbelt Chain of Parks. purchasing and implementing the State Governments 2. The delivery of this this project over future 'Linking Melbourne' project in totality is seen decades. 2. Council with State Strategy. 2. Recent as a key component of Government (Parks Victoria) correspondence with Parks strengthening the support continuing the process Victoria reinforced the community interaction and of ensuring the chain is importance of this project. aesthetic appearance of reinforced through Public Kingston's Non Urban Acquisition Overlays Area The definition of Opportunity for review of The need for local policies There is accommodation types and definitions and for conditions or being investigated in opportunity for associated provisions are particular provisions to be context of Green Wedge accommodation not always a good fit with introduced for particular forms Management Plan. proposals to be contemporary residential of accommodation in the pursued within the use and development and Green Wedge (eg Host farm). green wedge (eg Green Wedge objectives as host farms, caravan parks, group accommodation, very large dwellings with detached buildings) that may invite later permanent living conversion and enforcement problems Development Concerns and Community Sustainability At what point does a use Need clear guidelines to assist Matter challenged at VCAT Permit for become "associated with" decisions on discretionary by residents and function centre, agriculture? Is a token uses, and determine when environmental group on accommodation area of agriculture prohibited ones can become grounds including validity and restaurant, with in the area. small area of olives sufficient to enable use of discretionary. Also need a this provision to introduce universal definition/trigger of approved by otherwise prohibited "in association with" agriculture Council uses? If a use is then (eg. Agriculture use must be demonstrated to be linked established prior to other use; to with agriculture, why agriculture must be a viable place limits on the use in its own right, capacity? This applies to discretionary use must offer education uses as well. clear synergies to be an 'associated' use or agriculture use must comprise 80% (or more) of land area, or of projected gross revenue, etc) 44 MAV Green Wedge Research Report - November 2006 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date Green Wedge Zone Change GWZ to provide a Permit for development Local school requires that educational more realistic scope for church, refused. Advocacy for owns land outside education, function and changes to the zone of the UGB, but can land uses be for through the Interface no longer develop it agricultural/rural education recreational uses. (see first only and limits the number item above) Councils Forum. as a standard of students. Suitable land campus. is often simply not available within the UGB, yet the school offers needed services. Nillumbik has a large Ability to guide/control use via 1. Council resolution to Residential number of vacant lots in policy/decision guidelines. draft policy Development the Green Wedge where 2. Letter to DSE Staff there is poor access to services, transport and less efficient use of existing infrastructure. Many of these lots are existing lots under the minimum lot size prescribed by the Schedule. The existing zones are quite clear on subdivision requirements but are not as clear when it comes to residential development on existing small (under the Schedule size) lots even though it is a discretionary use. 2. Use and development of land for rural-residential living has been identified as a key threat. Council's NEROC report identified urban/human disturbance as a key threat to biodiversity. Potentially Proximity of much of Greater clarity in relation to Planning Permit Inappropriate Kingston's Non Urban buffer distances for such uses Applications recently Industrial Activities Area to well established in non urban areas is required considered by Advisory Urban Areas creates Committee established by tension when land uses the Minister - Awaiting like 'concrete recycling Determinations facilities' are proposed. MAV Green Wedge Research Report - November 2006 45 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date The UGB has never been UGB to be reviewed as part of Council has prepared a Development strategically planned as a the Smart Growth planning draft Melton Township Pressure buffer between urban and process. Strategy which sets clear rural areas. As a result, boundaries aimed at some of the properties preserving the green that are now outside the wedge. UGB would originally have been subdivided and a softer edge than the current property boundaries provided through the use of landscape features such as ridgelines and water courses. Further Subdivision Unstable interface impacts Further landscape assessment Landscape assessment of on Green wedge area still Greater emphasis on land some areas. in rural zone. management Caravan Park Impact similar to or Recognition of constraints to Advice to potential greater than residential development in MSS applicants. development where larger (Landscape/ Heritage) numbers of substantial dwellings. Residential Defacto residential Refuse applications Letter to Minister Development / Golf subdivision Course Proposals Change GWZ to prohibit sites Letter to Minister - See Dromana Tourist Permanent residents in non-urban areas lead to for permanent occupancy attached Council report Park - extension of poor access to services Caravan Park for and transport and less additional sites for efficient use of existing permanent infrastructure occupants Increased site coverage, Review of current local Review of LPPs Trend to vegetation loss, visual planning policies and construction of impacts especially in development of design and larger dwellings sensitive landscapes. siting guidelines and expansion of existing dwellings – Several high profile Revision of Green Wedge land Proposal for Ministerial Pressure to accommodate golf applications have created use controls to tighten land use Advisory Committee to some concern about provisions review ongoing role of RSP courses, major and techniques for churches and other transformation of green wedge areas by urban implementing it through the space intensive related land uses. VPPs uses displaced Upward pressure on land from urban areas values making it more difficult for agriculture to compete. Contrived proposals such as walnuts with golf course undermine credibility of planning controls 46 MAV Green Wedge Research Report - November 2006 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date Successful horticultural Planning controls (Clause 53) Review of LPP Demand for enterprises are more and local policy was prepared controlled growing highly capitalised. Major in consultation with growers conditions for horticulture (igloos, impacts of rural landscape but compliance has been where concentrations of difficult to enforce. hail netting) horticultural structures proliferate There is potential for uses Clarify core provisions for Council has raised concern Tourism/major Green Wedge areas to reduce with DSE events – impact on such as hotels, conference centres, scope for token agricultural agricultural areas restaurants to be ventures being used as basis established on the basis of for major developments being in conjunction with a token agricultural activity Natural Resource Management and Environmental Concerns 1. Shortage of funding for More guidance from Federal, Being pursued as relevant Environmental further flora and fauna State and regional levels. opportunities arise (eg issues research, management 2. Better State implementation input to regional catchment and education. of action statements and strategy) 2. Opportunities for better preparation of new action plans implementation of policies in relation to species in need of with improved protection. coordination, information 3. Release of native vegetation systems and leadership. management framework operational guidelines. 4. Improved integration of environmental research, monitoring an data release (eg What progress on initial concept of Native Vegetation Tracking System linked to research) Incremental loss of As dwellings are Community awareness and Permit conditions, property native vegetation developed there is some education through the management courses, loss of native vegetation in requirement of Land education and incentive most cases. As people Management Plans through programs then live on the property permit conditions and the Council sees an continued running of Council's incremental further loss Property Management Courses over time and education programs Impact on Continued pressure is Community awareness and Permit conditions, property waterways, applied to Council on education through the management courses, vegetation and larger lots to approve requirement of Land education and incentive landscape due to ancillary developments Management Plans through programs excessive around dwellings such as permit conditions and the earthworks tennis courts and continued running of Council's swimming pools. These Property Management Course often result in excessive earthworks that have a significant impact on the MAV Green Wedge Research Report - November 2006 47 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date environment Unsustainable Unsustainable land use is Community awareness and Provide relevant agricultural land an issue as it leads to the education through the sustainability information use long term degradation of requirement of Land for businesses through land, which reduces it's Management Plans through existing council business future agricultural, permit conditions and the networks. Support the environmental, landscape continued running of Council's Sustainable Rotary and economic value Property Management Course Program. Support and promote sustainable businesses. Inadequate support For businesses to be Provide relevant sustainability Provide relevant for businesses to sustainable in long term information for businesses sustainability information become more they need to consider through existing council for businesses through environmentally environmental, social and business networks. Support existing council business sustainable economic factors the Sustainable Rotary networks. Support the especially in the Green Program. Support and promote Sustainable Rotary Wedge, where many sustainable businesses Program. Support and businesses are directly promote sustainable dependent on the land or businesses. surrounding landscape values (ie Tourism) The impact of residential Long term ongoing funding 1. Biodiversity Biodiversity activities can often be opportunities at both a local Enhancement Program Conservation inconsistent with the and state level. 2. Environmental environmental values of a 2. Resolve issues in relation to Significance Overlay site. Some properties implementation of the Native ideally would not have Vegetation Framework residential living as they contain significant vegetation and habitat Pest plants and animals Long term ongoing funding 1. Land care support Pest Plant and are a major threat to both opportunities at both a local 2. Community Weed Animals the conservation and and state level Control Program agricultural values of the 3.Community Rabbit Green Wedge Control Program 4. Sustainable Agricultural Rebate 5. Property Management Planning Course Sustainability of 1. Melbourne 2030 1.Substantial State See submissions in the Agricultural highlights no 'high value Government subsidies in attachments which have Production agricultural' land in relation to infrastructure and reinforced the concern Kingston. utility projects (ie recycled Kingston hold regarding 2.Non Urban review water from ETP). sustainability of agricultural showed decline in 2. State Government land production. agricultural production. subsidies to guarantee the 3.Emerging forms of economic sustainability of agriculture (hydroponics) Agriculture. are costly to establish and 3.If the above two solutions are are aesthetically not deliverable by the State displeasing Government explore alternate 4.Constraints including land uses that may move 48 MAV Green Wedge Research Report - November 2006 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date water costs, land beyond those permitted in the fragmentation and size, Green Wedge Zone. incompatible adjacent uses, and the ability to attract sufficiently sizeable contracts all threaten sustainability of agricultural production. Reconciling 1. The State Government 1. Modifications to the VPP's Submissions to the State Governments through agencies like particularly in relation to Government on Towards Towards Zero EcoRecycle have Clause 52.10 with respect to Zero Waste objectives and Waste with land stipulated key policy acceptable buffer distances. the related planning uses in Non Urban positions regarding 2. A policy recognition within considerations. Areas minimising waste to Melbourne 2030 as to whether landfill. These objectives non urban areas and if so have the potential to in 'which ones' will play a role in some parts of Kingston accommodating recycling run at odds with where activities (ie concrete recycling activities should crushing). be located (see Industrial 3. Potential consideration Uses comments above). given to creating a zone within 2. State Government need strategically selected non to provide direction as to urban areas in Melbourne what degree they are where 'recycling activities' with willing to support recycling appropriate buffers can be initiatives within non urban actively encouraged. areas proximate to established urban areas Weed management Ongoing education and Will be further reviewed as Weed requires ongoing time and financial incentives for part of the preparation of Management financial commitment on landholders to encourage council’s Green Wedge the part of rural weed eradication Management Plan. landholders. Often Currently being addressed landholders, particularly as part of the owners of smaller implementation of landholdings, do not Council’s Environmental understand or have the Enhancement Rebate capacity to undertake the Scheme. weed eradication required on their property. Continued and targeted Western Water has Access to water Western Water has introduced a recycled education on the benefits of facilitated a number of for rural industry water pipeline into the access to recycled water is workshops with shire of Melton via required. landowners regarding the Sunbury. Financial benefits of connection. commitment on the part of landholders and a lack of understanding of the benefits of connection to the recycled water supply MAV Green Wedge Research Report - November 2006 49 3.3 Exploring the issues – For those issues / threats of high importance (3 or 4) above please elaborate on the nature of the issue, possible solutions and action, if any, to date. Please list in order of decreasing importance to your council – i.e. most important first; Please keep information brief and attach more detail if required. Issue description Why this is an Issue Suggested solutions Action to date have hampered the further extension of the pipeline to date Land Management Declining standards of rural land management where agriculture is displaced by rural residential use Long term decline in vegetation quality of remnant bushland areas due to weed invasions and lack of skilled land management Logging of privately owned forest - in Rural Conservation areas 50 Property owners with native vegetation perceive the value of their farming land as ‘useless’ and do not see any benefit in connecting to the scheme. Sites acquired with expectation of rezoning subdivision poorly managed Lack of skill by non farming landowners has resulted in declining pasture and weed management regimes. Assistance on land management Local law with environmental weeds Planning policies and controls that promote retention of agricultural activities and limit intrusion incompatible uses. Education /prospective land owner awareness programs. Review of LPP although will require strong educational and advocacy role in conjunction with the State Government. Shire has produced an information kit for new rural landowners A key issue for the Environment Strategy but will also require strong educational and advocacy role in conjunction with the State Government Lack of awareness of need for active management of bushland remnants especially where some land disturbance has occurred Largely beyond the scope of planning scheme implementation. Landowner education, technical/funding assistance and incentive programs all offer some potential to address the issue Although uncommon, several recent logging proposals have potential to degrade extensive areas of privately owned high quality habitat Consideration will need to be given to whether logging on private land should remain a permissible activity in Green Wedge areas due to policy priorities of landscape and environmental protection. Council currently involved in an expensive VCAT hearing defending refusal of a permit application. MAV Green Wedge Research Report - November 2006 Question 4 Additional Comments See attached Council Submission to Introduction of Green Wedge Zones. Please refer to attached council report and letter to Minister for planning. It is anticipated that further strategic work will be identified on the completion of the Green Wedge Implementation Strategy. Ongoing funding opportunities for the implementation of the Green wedge management plans should be considered at a State Government level. Local Government requires financial support for the protection of Green Wedges. Local Government requires support for the implementation of the State Government Net Gain Policy. VCAT Decisions – Decision giving limited weight to some aspects of the Planning Policy Framework eg. Objectives/ Strategies re. Landscape/ Significant natural features. Kingston wishes to thank the MAV for its recognition of the importance of advocating for Local Government in relation to the broad implementation of Melbourne 2030. Specifically the future constraints imposed on Council in relation to the flexibility in which it is able to investigate alternate land uses within its Non Urban Area looms as potentially the largest challenge Kingston has with implementing the broad range of 2030 initiatives. For this reason we encourage the MAV to impress upon the State Government that by essentially introducing a singular suite of statutory controls for Green Wedges across Melbourne, the opportunities for municipalities like Kingston to create a planning framework which are in fact sustainable and equally owned by a significant diversity of local stakeholders, is most difficult. Some of the quite obvious concerns regarding the statutory controls are reflected in the documentation attached. Mornington Peninsula is fortunate in having a lot of data and information about its rural environment and significant early strategic planning through the Conservation Plan of the early/mid 1970's. At present there are significant limitation preventing the production of accurate data about the types of planning permit applications in the Green Wedge Zone. System improvements are planned to overcome these limitations A robust strategic framework for management of the Shire’s Green Wedge areas was established through the Upper Yarra & Dandenong Ranges Regional Strategy Plan. The RSP was underpinned by a substantial body of strategic research that addressed a wide spectrum of rural land use, development and land management issues. The Shire’s current priorities for strategic work are focussed on the completion of the Housing Strategy, implementation of Major Activity Centre structure plans, completion of landslip review, and completion of Industrial areas review MAV Green Wedge Research Report - November 2006 51