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). C03 Page 1 of 6 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 C03 Page 2 of 6 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. C03 Page 3 of 6 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. C03 Page 4 of 6 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. C03 Page 5 of 6 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 C03 Page 6 of 6