Planning and Environment Act 1987

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Planning and Environment Act 1987
GREATER GEELONG PLANNING SCHEME
AMENDMENT C280
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by the Greater Geelong City Council which is the
planning authority for this amendment.
The amendment has been made at the request of St Quentin Consulting Pty Ltd on behalf of
Paisley Manor Developments Pty Ltd, owner of the land at 90-108 Ash Road, Leopold.
Land affected by the amendment
The amendment applies to the following properties: 90-108, 110-116, 118-128, 130, 134144, 132, 146-158 and 160-172 Ash Road, Leopold; and 22-30 and 21-29 Walkers Road,
Leopold (see map below).
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What the amendment does
Amendment C280 rezones land in Ash Road (West) Leopold from the Farming Zone to the
General Residential Zone 1 and applies the Development Plan Overlay 33 to the land to be
rezoned.
More specifically, the amendment will:

Amend Planning Scheme Map No. 69 to rezone the affected land from the Farming
Zone (FZ) to the General Residential 1 Zone (GRZ1).

Amend Planning Scheme Map No. 69DPO to apply the Development Plan Overlay
Schedule 33 to the affected land.

Insert a new Schedule 33 to Clause 43.04 Development Plan Overlay for the affected
land in Ash Road.
A model draft Section 173 Agreement to be applied to all properties is being exhibited with
the Amendment to formalise developer contribution arrangements, together with a Draft
Shared Infrastructure Funding Plan.
Strategic assessment of the amendment
Why is the amendment required?
The amendment is required to facilitate residential growth in accordance with Clause 21.14-2
The Bellarine Peninsula of the Greater Geelong Planning Scheme.
The land to be rezoned for residential purposes is identified in the adopted Leopold Structure
Plan September 2011 (Amended Jan 2013) as having a future residential development
opportunity. It was first identified as Area 4 in the 2006 Leopold Structure Plan.
How does the amendment implement the objectives of planning in Victoria?
The amendment implements the objectives set out in section 4 of the Planning and
Environment Act 1987 in so far as it will:

Provide for the fair, orderly, economic and sustainable use, and development of land;

Secure a pleasant, efficient and safe working, living and recreational environment for all
Victorians and visitors to Victoria.

Protect public utilities and other assets and enable the orderly provision and
coordination of public utilities and other facilities for the benefit of the community.

Facilitate development.

Balance the present and future interests of all Victorians
How does the amendment address the environmental effects and any relevant
social and economic effects?
There are a few environmental issues that affect the land to be rezoned. These can
generally be mitigated through on-site or external measures.
Soil contamination
Land on the Bellarine Peninsula including Leopold has a history of potato growing and in
some cases this included the use of dieldrin and DDT. Council must be satisfied there are
no contamination issues with the subject land in accordance with Ministerial Direction No. 1
– Potentially Contaminated Land. A requirement has been included in the Development
Plan Overlay for the contamination issues to be addressed prior to the approval of a
development plan.
Proximity to wetlands of international significance
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As the receiving waters for this area is Reedy Lake and Lake Connewarre which is part of a
RAMSAR wetland, approval from the Federal Department of Environment is required under
the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The
amendment applicant has separately lodged an application with the Commonwealth with
reference to potential impacts to listed RAMSAR wetlands. The assessment under that Act
is progressing but no time frame for approval has been given. It is not anticipated there will
be any significant implications for the rezoning as this process was similarly undertaken for
the adjoining Estuary Estate a few years ago. Any conditions/requirements from a
Commonwealth approval could be accommodated with the Development Plan Overlay
Schedule prior to its adoption or as conditions on future planning permits for subdivision.
The Development Plan Overlay schedule includes requirements relating to the management
of stormwater to prevent downstream pollution.
Native vegetation
Several remnant trees that are in poor condition will be lost as part of this development. One
remnant River Red Gum is proposed to be retained in a pocket park, although its remnant
status is being further investigated. Off-sets for lost native vegetation will be required off-site
as part of the DPO.
The off-set requirements can be delivered at a third party site. There are several methods for
acquiring native vegetation credits to deliver off-site requirements. This is a matter that can
be dealt during the application to remove native vegetation.
Cultural Heritage
The subject land is located within an area of aboriginal cultural heritage sensitivity as it is
located proximate to Lake Connewarre and Reedy Lake. A heritage assessment was
undertaken to inform the rezoning application and a Cultural Heritage Management Plan
(CHMP) has been prepared and approved (with the exception of the land at 21-29 Walkers
Road).
There are no foreseen adverse social impacts as a consequence of rezoning the land for
residential purposes.
Positive social impacts will be provided through the development of the subject land in so far
as providing a range of housing types and densities, the provision of a linear open space
reserve incorporating a shared public pathway along the southern boundary connecting to
the existing pedestrian and cycle network, and other open space for the future community.
The future subdivision and development of the site is likely to result in the creation of
construction jobs and associated employment based opportunities.
Does the amendment address relevant bushfire risk?
The sibject land is not affected by the Bushfire Management Overlay. The ‘Bushfire Prone
Area’ mapping maintained by the State Government identifies the subject land to be included
in a Bushfire Prone Area. Minimum construction standards apply to all new buildings in a
Bushfire Prone Area. Compliance with minimum construction standards will be addressed at
the building approvals stage.
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 Planning and Environment Act 1987.
The amendment is affected by the Minister’s Direction No.1- Strategic Assessment of
Amendments under section 12 of the Planning and Environment Act 1987 and complies with
this direction.
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The amendment is affected by Ministerial Direction No. 15- The Planning Scheme
Amendment process and complies with this Direction.
How does the amendment support or implement the State Planning Policy
Framework and any adopted State policy?
The amendment supports and implements the objectives and strategies of Clause 11
Settlement (in particular Urban Growth Clause 11.02, Open Space Clause 11.03 and
Regional Development Clause 11.05), Clause 12 Environmental and Landscape Values,
Clause 15 Built Environment and Heritage, Clause 16 Housing, Clause 18 Transport and
Clause 19 Infrastructure:

Clause 11.05-5 by facilitating infill development within defined settlement boundaries and
within an existing settlement that is capable of accommodating moderate growth.

Clause 12.01-1 by ensuring that the change to land use as proposed does not adversely
affect the habitat values of RAMSAR wetlands, and achieves a net gain in the extent and
quality of native vegetation (Clause 12.01-2).

Clause 12 by ensuring that permitted clearing of native vegetation results in no net loss
in the contribution made by native vegetation to Victoria’s biodiversity. The removal of
native vegetation from the subject land will not result in a net loss in the contribution.
Through the assessment of the permit application to remove native vegetation, the loss
of on-site native vegetation can be mitigated by off-setting and providing for off-site
native vegetation.

Clause 21.05-3 by ensuring that future residential development is properly integrated
with appropriate infrastructure and services.

Clause 15 by ensuring that cultural heritage issues and an urban design response are
features of future development plans and planning permits for the area.

Clause 16 by rezoning unsustainable farming land to allow for residential uses. It will
consolidate the existing urban area and will facilitate housing options in proximity to
existing community facilities and activity centres. The future development of the land will
deliver a range of housing choice, lot sizes and densities that can be established and
detailed through the Development Plan process.

Clause 18 by rezoning land with good access to the existing road network, including the
existing pedestrian and cycle network, and future development will connect into and
extend this network. The future use of the land for residential purposes is unlikely to
have an adverse impact on the existing road network. Off-site works will be required to
upgrade the existing network at the intersection of Ash Road and the Bellarine Highway
and is provided for in the shared infrastructure funding plan.

Clause 19 by ensuring that infrastructure required for future residential subdivision is
planned for as part of the development plan process.
How does the amendment support or implement the Local Planning Policy
Framework, and specifically the Municipal Strategic Statement?
The amendment supports and implements the objectives and strategies of Clause 21.06
Settlement and Housing, Clause 21.14 Bellarine Peninsula, Clause 21.05 Natural
Environment and Clause 21.08 Development and Community Infrastructure within the Local
Planning Policy Framework:

Clause 21.06-2 by facilitating residential development within a designated urban growth
area within the designated settlement boundaries of Leopold.

Clause 21.14-2 by facilitating residential growth within the area as shown on the Leopold
Structure Plan, following the preparation of an Outline Development Plan.
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
Clause 21.14-3 by implementing a shared infrastructure funding plan to support the
funding of infrastructure within an identified urban growth area, enabling it to be
developed for urban purposes.

Clause 21.05-3 by enhancing the biodiversity of the municipality.

Clause 21.08-3 by ensuring that development and community infrastructure is provided
to and in support of future urban development in a sustainable and timely manner.
Does the amendment make proper use of the Victoria Planning Provisions?
The amendment seeks to facilitate the future use and development of the subject land for
residential purposes. To achieve this outcome, the amendment proposes to rezone the land
from Farming Zone (FZ) to General Residential Zone Schedule 1 (GRZ1) and apply a
Development Plan Overlay to all of the land being rezoned.
The use of the General Residential Zone is considered an appropriate zone as it reflects the
nature of surrounding residential development to the north and west and Council’s planning
policy for the future of this part of Leopold. The Development Plan Overlay will ensure that
future subdivision addresses the planning, engineering and environmental issues of the land.
The amendment makes proper use of the Victoria Planning Provisions.
How does the amendment address the views of any relevant agency?
In considering the application for rezoning and in preparing the amendment for exhibition,
consultation has occurred with Barwon Water, VicRoads, EPA, Corangamite Catchment
Management Authority, the CFA, Department of Sustainability and Environment (now DEPI)
and Department of Transport to identify the location of services, the needs/triggers for
service/network upgrades and other relevant implications as a consequence of future urban
development.
Service authorities and Government Departments/agencies will be notified as part of the
formal exhibition process.
Does the amendment address relevant requirements of the Transport
Integration Act 2010?
This amendment is unlikely to have a significant impact on the transport system as defined
by the Transport Integration Act 2010.
Resource and administrative costs

What impact will the new planning provisions have on the resource and
administrative costs of the responsible authority?
The proposed amendment is not expected to generate any significant resource or
administrative cost burden on Council other than the normal processing of permit
applications for subdivision.
Where you may inspect this Amendment
The amendment is available for public inspection, free of charge, during office hours at the
following places:
Greater Geelong City Council, Customer Service Centre, Ground Floor, 100 Brougham
Street. GEELONG– 8.00am to 5.00pm weekdays
‘Have a Say’ section of the City’s website www.geelongaustralia.com.au/council/yoursay
Department of Transport, Planning, and Local Infrastructure website at
http://www.dpcd.vic.gov.au/planning/publicinspection.
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Submissions
Submissions about Amendment C280 should be received by 5pm Monday 10 November,
2014 and addressed to:
The Coordinator
Strategic Implementation
City of Greater Geelong
either by mail to:

PO Box 104, GEELONG VIC 3220
or by email to:

strategicplanning@geelongcity.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: in the week commencing 16 February 2015

panel hearing: in the week commencing 9 March 2015
Further information
For further information about Amendment C280, please contact the Strategic Implementation
Unit at the City of Greater Geelong on (03) 5272 4820 or via email to
strategicplanning@geelongcity.vic.gov.au
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