Nillumbik Planning Scheme --/--/20-- Schedule 10 To The Significant Landscape Overlay Proposed C81 Shown on the planning scheme map as SLO10 Undulating Agricultural Character Area 1 --/--/20-- Proposed C81 Statement of nature and key elements of landscape The Undulating Agricultural Character Area provides a scenic transition between the open rural pastures to the north, the heavily vegetated areas to the east and the built up urban residential areas to the south of the Shire. Comparatively open and predominantly agricultural, the area is characterised by farms and residences set on gently undulating topography with occasional shelterbelts and patches of remnant indigenous vegetation. Large areas of dense native vegetation occur throughout, particularly along roadsides and creek corridors towards the north east. Two creek lines run through the north of the area, where small rural settlements are nestled amongst the vegetated creek corridors. A dominant rural character is evident across the mosaic of agricultural, natural and settled landscapes that occupy this area. Future Character Statement The Undulating Agricultural Character Area will continue to provide an open and rural aspect of medium scale cultivation interspersed with occasional shelterbelts and patches of dense vegetation. The rural landscape character will be maintained by limiting development and non-agricultural land uses that detract from this character. Gradual evolution of the agricultural character will be encouraged including new farming practices and crops (e.g. orchards and vineyards), and revegetation of less productive agricultural land and areas of environmental degradation. The pattern of agricultural, natural and settled landscapes will be maintained by protecting remnant native vegetation and the openness of hillsides and carefully integrating buildings, settlements and infrastructure. Vegetation patterns will be maintained with a mix of established exotic vegetation and native remnants 2 Landscape character objective to be achieved To maintain the rural, agricultural character of the area. --/--/20-Proposed C81 To protect clusters of remnant vegetation. To minimise the visual impact of buildings and structures within this open landscape. To maintain a balance between natural and settled landscapes. Significant Landscape Overlay – Schedule 10 PAGE 1 OF 3 Nillumbik Planning Scheme 3 --/--/20-Proposed C81 Permit requirement A permit is required to remove, destroy or lop a substantial tree. This does not apply If the lopping of a tree is undertaken to assist its regeneration. If the tree is dead. To the partial removal or lopping of branches directly overhanging dwellings, garages or outbuildings to the extent that they no longer overhang the building. To the removal, destruction or lopping of native vegetation specified in the Schedule of Exemptions to Clause 52.17 as not requiring a permit. To the removal, destruction or lopping of vegetation in accordance with Clause 52.48. To the removal, destruction or lopping of vegetation specified in the Nillumbik Shire Council Environmental Weeds List unless it forms part of a shelter belt. If the tree is not indigenous to Victoria unless it forms part of a shelter belt. A permit is not required to construct a building or construct or carry out works for: An alteration or extension (including an outbuilding normal to a dwelling) to an existing dwelling or building used for agriculture provided all of the following are met: The height of the alteration or extension is less than 7 metres above the natural ground level; The alteration or extension is located at least 5 metres from the base of any substantial native tree; The floor area of the alteration or extension to an existing dwelling is less than 50 percent of the gross floor area of the existing building or 100 square metres, whichever is the lesser; The floor area of the alteration or extension to an existing outbuilding or building used for agriculture is less than 10 percent of the gross floor area of the existing building or 100 square metres, whichever is the lesser; The external surfaces, including roofs and walls, of the alteration or extension are clad and maintained in non-reflective materials coloured in muted tones; Significant Landscape Overlay – Schedule 10 PAGE 2 OF 3 Nillumbik Planning Scheme The top of the roof line of the alteration or extension is lower than the top of the ridgeline located directly behind the site of the extension or alteration. A new building used for agriculture provided all of the following are met: The height of the building is no more than 7 metres above the natural ground level; The building is located on land with a slope of no more than 1 in 5; The floor area of the building is no more than 100 square metres; The building is setback at least 5 metres from the base of any substantial tree; The building is setback 100 metres from a Road Zone Category 1 or 20 metres from any other road; The top of the roof line of the alteration or extension is lower than the top of the ridgeline located directly behind the site of the extension or alteration; and The external surfaces, including roofs and walls, of the building are clad and maintained in non-reflective materials coloured in muted tones. A horticultural structure provided all of the following are met: The external surfaces, including roofs and walls of the horticultural structure are clad and maintained in non-reflective materials coloured in muted tones; The horticultural structure is located at least 5 metres from the base of any substantial tree; The horticultural structure is setback 100 metres from a Road Zone Category 1 or 20 metres from any other road; and The top of the roof line of the horticultural structure is lower than the top of the ridgeline located directly behind the site of the horticultural structure. A permit is required to construct a fence. This does not apply to: Open post and wire fences of less than 1.2 metres in height. Post and mesh wire rabbit proof fences of less than 1.2 metres in height. Temporary fencing for construction sites. Transparent safety fence for a swimming pool located in the immediate vicinity of the swimming pool. A permit is required for earthworks that comprise more than 1 metre cut or fill. Significant Landscape Overlay – Schedule 10 PAGE 3 OF 3 Nillumbik Planning Scheme Meaning of terms For the purpose of this clause a ‘substantial tree’ means a tree that has a diameter at breast height (DBH) greater than 0.16 m at 1.4m above the ground. For the purpose of this clause a ‘shelter belt’ is a line of trees that provides protection from wind. For the purpose of this clause a ‘horticultural structure’ means a structure, which provides a controlled growing environment for horticulture or plant nursery use, including plastic igloos, shade houses and glasshouses. --/--/20-Proposed C81 4 Application requirements An application must be accompanied by a landscape plan showing proposed landscape works and plantings. 5 Decision guidelines --/--/20-Proposed C81 Before deciding on an application, the responsible authority must consider, as appropriate: Vegetation and Landscaping The type, extent, quality and significance of any tree to be removed. The extent and type (species) of new planting. The extent to which the proposed landscaping screens buildings and structures viewed from road corridors and public land. The extent to which the siting of the proposed buildings and works has minimised the need for the removal of native vegetation. Views and Vistas Whether the proposed development will maintain views from public land and road reserves toward hill faces and ridgelines. Whether the proposed development will maintain views of Kinglake National Park. Whether the proposed development will maintain views of the Yarra and Plenty River corridors. The cumulative impact of all buildings and works visible from road reserves and public land on the landscape character of the area. Buildings and Structures The extent to which the development follows the natural topography of the land and minimises the need for earthworks. Significant Landscape Overlay – Schedule 10 PAGE 4 OF 3 Nillumbik Planning Scheme The prominence of the building along ridgelines, hill faces and elevated areas when viewed from a road reserve or public land. The setback of the building from property boundaries, river and creek corridors and roads. The scale, massing and roof form of the building. Whether the proposed development sits below the existing tree canopy. Whether the proposed development utilises non-reflective materials coloured and maintained in muted tones that are consistent with the natural setting. The location and siting of tennis courts. Rural Buildings and Structures The scale and siting of the proposed buildings and structures. Whether the proposed development utilises non-reflective materials coloured and maintained in muted tones that are consistent with the natural setting. Fencing, Access and Driveways The height and materials used to construct any proposed fencing. The extent to which roads, access tracks, driveways and car parking areas confirm with the topography and maintain vegetation as a screen. The materials used to construct the proposed road base, access track or driveway. 6 --/--/20-Proposed C81 Reference Documents Nillumbik Landscape Character Assessment (Planisphere, 2009). Undulating Agricultural Design Guidelines (Nillumbik Shire Council, March 2015). Significant Landscape Overlay – Schedule 10 PAGE 5 OF 3