Planning and Environment Act 1987
MACEDON RANGES PLANNING SCHEME
AMENDMENT C105
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by Macedon Ranges Shire Council which is the planning
authority for this amendment.
Land affected by the amendment
The following land is affected by this amendment as shown on the below map:
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94 Mitchell Street, Kyneton
109 Beauchamp Street, Kyneton
112 Beauchamp Street, Kyneton
106 – 110 Beauchamp Street, Kyneton
104 Beauchamp Street, Kyneton
102 Beauchamp Street, Kyneton
15 – 17 Jeffrey Street, Kyneton
38 Campaspe Place, Kyneton
4 Lennox Street, Kyneton
6 Lennox Street, Kyneton
Map 1: Land Proposed to be Rezoned
What the amendment does
Amendment C105 proposes to establish the Kyneton Horse Training and Equine Services
Precinct. In particular, the amendment proposes to:
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Introduce Schedule 7 to the Special Use Zone into the Macedon Ranges Planning
Scheme
Apply Special Use Zone Schedule 7 to the land specified above (shown in Map 1).
Strategic assessment of the amendment
Why is the amendment required?
The amendment is required to support horse training and equine services that benefit from
locating close to the Kyneton Racecourse.
The rezoning will legitimise the existing equine uses within the precinct, prevent new industrial
uses from establishing that would undermine the role of the precinct, encourage consolidation
of industrial uses to Kyneton’s northern industrial area and remove residual public use zones
over land that no longer support a public use or that are proposed to be sold for private use.
How does the amendment implement the objectives of planning in Victoria?
The key objectives of planning in Victoria outlined in Section 4(1) of the Planning and
Environment Act 1987 of relevance to this project are:
(a) to provide for the fair, orderly, economic and sustainable use, and development of land;
(g) to balance the present and future interests of all Victorians.
The amendment implements these objectives by legitimising existing equine uses in the
precinct, removing residual public use zones, facilitating economic activity associated with the
Kyneton Racecourse and encouraging future industrial uses to locate Kyneton’s northern
industrial precinct.
How does the amendment address any environmental, social and economic
effects?
Economic
The amendment will have positive economic effects by facilitating the clustering of equine
related businesses close to the Kyneton Racecourse that benefit from locating close to the
racecourse functions.
Social
The amendment will have positive social effects by preventing future industrial land uses from
locating close to existing residential properties, thereby reducing conflicts between these two
land uses.
In addition, the proposed Special Use Zone Schedule 7 also includes most land uses as
Section 2, “permit required” uses. This enables the responsible authority to apply appropriate
planning permit conditions to new uses to mitigate against any negative amenity impacts to
surrounding residential properties.
Environmental
The application requirements and decision guidelines included in proposed Special Use Zone
Schedule 7 (e.g. related to waste management and the emission of fumes) ensures new uses
mitigate against any negative environmental impacts.
An existing Environment Audit Overlay applies to the industrial zoned and potentially
contaminated land within the precinct. This is proposed to be retained to ensure these sites
are suitably remediated as required.
Does the amendment address relevant bushfire risk?
Not relevant to this amendment.
Does the amendment comply with the requirements of any Minister’s Direction
applicable to the amendment?
The amendment is consistent with the Ministerial Direction on the Form and Content of
Planning Schemes under section 7(5) of the Act and No. 11 - Strategic Assessment Guidelines
under section 12 of the Act.
No other Ministerial Directions are relevant to this amendment.
How does the amendment support or implement the State Planning Policy
Framework and any adopted State policy?
This amendment is supported by the following policies of the State Planning Policy
Framework:
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Clause 11.02 (Urban growth). Objectives of this clause set out to ensure there is a
sufficient supply of land available to residential, commercial, retail, industrial,
recreational, institutional and other community uses. Structure planning is also relevant
as its objective is to facilitate the orderly development of areas.
This amendment is consistent with Council’s Kyneton Structure Plan 2013 which
identifies the area as a future ‘Horse Training Precinct’.
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Clause 13.03 (Soil degradation). Objectives of this clause include the management of
potentially contaminated land to ensure it is suitable for its intended future use and
development, and that contaminated land is used safely. An Environmental Audit
Overlay already applies to land within the precinct and will ensure that any future use
and / or development will manage any contamination issues that may exist.
How does the amendment support or implement the Local Planning Policy
Framework, and specifically the Municipal Strategic Statement?
The amendment is supported by the following clauses of Local Planning Policy Framework of
the Macedon Ranges Planning Scheme:
Municipal Strategic Statement
Clause 21.07-5 (Encouragement of Economic Development and Tourism). The amendment
implements Council’s strategy to “maximise opportunities to add value to major industries in
Kyneton including facilitating development of the racehorse industry based at the Kyneton
Racecourse complex”.
Local Planning Policies
Clause 22.02 (Townships). The Kyneton township policy requires new proposals to consider
the Kyneton Structure Plan. The proposed rezoning is consistent with one of the overall
objectives of the Kyneton Structure Plan 2013, which is to provide opportunities for the
establishment of a ‘Horse Training Precinct’ adjacent to the Kyneton Racecourse.
Does the amendment make proper use of the Victoria Planning Provisions?
The amendment makes proper use of the Victoria Planning Provisions. The Special Use Zone
is proposed as none of the standard zones facilitate the specific equine related land uses
envisaged for the precinct while preventing new industrial or commercial uses from
establishing that would undermine the role and function of the precinct.
How does the amendment address the views of any relevant agency?
The amendment implements the Kyneton Structure Plan 2013 which was prepared with input
from a range of state government agencies including VicRoads, the Department of Economic
Development, Jobs, Transport and Resources and the Department of Environment, Land,
Water and Planning. These agencies expressed no concerns with establishing an equine
precinct in the location proposed.
Does the amendment address relevant requirements of the Transport
Integration Act 2010?
Not relevant to this amendment.
Resource and administrative costs
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What impact will the new planning provisions have on the resource and
administrative costs of the responsible authority?
There will be no adverse impact on the resource and administrative costs of the responsible
authority.
Where you may inspect this Amendment
The amendment is available for public inspection, free of charge, during office / opening hours
at the following Council offices and service centres:
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Kyneton Administration Centre - 129 Mollison Street, Kyneton 3444
Gisborne Administration Centre - 40 Robertson Street, Gisborne 3437
Woodend Library - Cnr Forest and High Streets, Woodend 3442
Romsey Library - 96-100 Main Street, Romsey 3434
Riddells Creek Neighbourhood House – 59 Main Road, Riddells Creek 3431
The amendment can also be inspected free of charge at the Department of Environment, Land,
Water and Planning website at www.dtpli.vic.gov.au/publicinspection.
Submissions
Any person who may be affected by the amendment may make a submission to the planning
authority. Submissions about the amendment must be received by Friday, 23 October 2015.
A submission must be sent to: PO Box 151, Kyneton, VIC 3444 or mrsc@mrsc.vic.gov.au
Panel hearing dates
In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing dates
have been set for this amendment:
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directions hearing: The week commencing 1 February 2015
panel hearing: The week commencing 29 February 2015