Planning and Environment Act 1987
MACEDON RANGES PLANNING SCHEME
AMENDMENT C103
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 amendment applies to the former Kyneton Swimming Pool which forms part of 2 – 8
Maxwell Street, Kyneton.
Specifically, the amendment applies to:
 CA1 and CA2 of TP764474B Certificate of Title Volume 1165 Folio 889
 Lot 1 and Lot 2 of TP609026A Certificate of Title Volume 8210 Folio 228
What the amendment does
This amendment proposes to rezone the above mentioned land from the Public Park and
Recreation Zone (PPRZ) to General Residential Zone 1 (GRZ1).
The site is affected by Environmental Significance Overlay 4 - Eppalock Proclaimed
Catchment (ESO4). The western portion of the site is also affected by Heritage Overlay 19 Botanic Gardens Precinct, Kyneton (HO19). No changes are proposed to these overlays as a
part of this amendment.
Strategic assessment of the amendment
Why is the amendment required?
The subject site is currently owned by Macedon Ranges Shire Council and contains the former
Kyneton Swimming Pool. The pool is no longer in use and was replaced by the Kyneton Sports
and Aquatic Centre which was completed in 2010.
The rezoning of the site is required to enable Council to dispose of the land.
How does the amendment implement the objectives of planning in Victoria?
The proposed amendment will facilitate residential infill development close to the Kyneton
Railway Station. This will enhance housing choice in the town and facilitate efficient use of
the town’s existing services and infrastructure, thereby supporting the orderly and
sustainable use of land.
Rezoning the land to the General Residential Zone is consistent with Macedon Ranges
Settlement Strategy 2011 and the Kyneton Structure Plan 2013 which both designate Kyneton
for future population growth.
As such, the amendment implements the following objectives of planning in Victoria as set
out at Section 4(1) of the Planning and Environment Act 1987:
(a) to provide for the fair, orderly, economic and sustainable use, and development of land;
(b) to balance the present and future interests of all Victorians.
How does the amendment address any environmental, social and economic
effects?
Environmental
An environmental assessment determined that the site contains areas of contaminated soil
and groundwater.
A Statement of Environmental Audit was issued in December 2014 in accordance with the
Environment Protection Act 1970. The Statement of Environmental Audit states that the site
is suitable for a sensitive use, including accommodation, subject to the following conditions:

That a barrier comprising either buildings, permanent pavement or 0.5m of clean Fill
Material is required across the site to limit access to contaminated fill materials.

An Environmental Management Plan is required to be implemented to manage any
interactions with the contaminated fill materials.
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Groundwater is not to be used for potable use due to the presence of background
groundwater contamination.
Given the first condition requiring permanent paving or 0.5m of clean fill across the site, the
Environmental Auditor advised that the site is suitable for “medium density housing” which
generally include a higher percentage of paved area and smaller gardens than traditional
housing.
A set of Urban Design Principles have been prepared for the site which provide guidance to
prospective purchasers about Council’s vision for the site taking into account the conditions
set out in the Statement of Environmental Audit. The Urban Design Principles will form part
of the Vendors Statement when the site is marketed for sale. A copy of the Urban Design
Principles is provided at Appendix 1.
An Environmental Management Plan has also been prepared for the site in accordance with
the second audit condition. The Environmental Management Plan sets out protocols and
procedures for future activities at the site related to soil, groundwater and vapour impacts.
The Statement of Environmental Audit and the Environmental Management Plan will be
made available to prospective purchasers. Both documents are likely to be registered on the
Certificate of Title for the property.
The sale of the land will provide the relevant pathway to ensure the land can be remediated
and safely re-used in accordance with the Statement of Environmental Audit, the
Environmental Management Plan and Council’s vision for the site set out in the Kyneton
Structure Plan 2013.
Social
Rezoning the site to General Residential will facilitate the “consolidated residential
development” (p13) envisaged for the site in the Kyneton Structure Plan 2013. This
residential development will have positive social effects by enhancing housing choice in the
township.
As outlined above, Urban Design Principles (Appendix 1) have been prepared for the site
which will form part of the Vendors Statement when the site is marketed for sale. These
principles establish Council’s vision for the site taking into account the conditions set out in
the Statement of Environmental Audit. The principles aim to ensure any future
redevelopment does not significantly impact traffic movements in the immediate area and
has a positive impact on the character of the adjoining streetscapes.
Economic
The proposed rezoning will have no significance economic effects.
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 and No. 11 - Strategic Assessment Guidelines.
In addition, a Statement of Environmental Audit has been issued for the site in accordance
with the requirements of Ministerial Direction No. 1 – Potentially Contaminated Land.
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:

Clause 11.02 (Urban growth). Objectives of this clause are to ensure 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 urban areas.

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.
The proposed zoning will facilitate rehabilitation of the site so that it can be safely re-used
in accordance with the conditions set out in the Statement of Environmental Audit.
How does the amendment support or implement the Local Planning Policy
Framework, and specifically the Municipal Strategic Statement?
The amendment will facilitate additional infill residential development close to the Kyneton
Railway Station. This outcome is consistent with the Macedon Ranges Settlement Strategy
2011 which designates Kyneton for future population growth due to its existing services and
infrastructure and various infill opportunities.
The amendment is also consistent with the Kyneton Structure Plan 2013 which re-enforces
the Settlement Strategy’s growth projections and recommends rezoning the subject site for
residential development.
The Kyneton Structure Plan 2013 is being implemented via Amendment C99 which, amongst
other things, proposes to replace the existing Clause 21.13-2 referred to below. Amendment
C99 was scheduled to be exhibited at the same time as Amendment C103.
In addition, the amendment implements the following clauses of the Municipal Strategic
Statement (note that the version of the Municipal Strategic Statement referred to below is the
version gazetted by Amendment C84):
Municipal Strategic Statement (as gazetted by Amendment C84)
Clause 21.02 (Key issues and trends) highlights that population growth is expected to increase
in the Macedon Ranges and indicates that there is a need to understand and work to balance
competing interests of residential growth and the natural environment as this growth occurs.
Clause 21.04 (Settlement) sets out Council’s policy to focus development within the key towns
of Gisborne and Kyneton due to their high level of infrastructure, services and employment.
Clause 21.13-2 (Kyneton) seeks to re-enforce Kyneton’s role as a Large District Town and
facilitate the intensification of residential development, including appropriately designed
medium density housing, in and around the town centre.
The proposed rezoning responds to these issues, trends and policy directions by providing for
new infill housing within walking distance of Kyneton’s retail core as well as the Kyneton
Railway Station.
Does the amendment make proper use of the Victoria Planning Provisions?
The amendment makes proper use of the Victoria Planning Provisions by proposing a General
Residential Zone in order to facilitate the redevelopment of the land for residential purposes.
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 the proposed rezoning of
the former Kyneton Pool.
Does the amendment address relevant requirements of the Transport
Integration Act 2010?
Not relevant to this amendment.
Resource and administrative costs

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: Strategic Planning and Environment, Macedon Ranges Shire
Council, PO Box 151, Kyneton, VIC 3444 or emailed to 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:


directions hearing: The week commencing 1 February 2015
panel hearing: The week commencing 29 February 2015
APPENDIX 1 – URBAN DESIGN PRINCIPLES