Planning and Environment Act 1987 MACEDON RANGES PLANNING SCHEME AMENDMENT C89 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Macedon Ranges Shire Council, which is the planning authority for this amendment. The amendment has been made at the request of Macedon Ranges Shire Council. Land affected by the amendment The amendment applies to various parcels of land throughout the Shire as shown on the Amendment Maps and detailed in the two tables below. What the amendment does The amendment makes changes to the planning scheme maps to correct a number of zoning errors and anomalies on land throughout the Shire, apply the most appropriate public land zone to various parcels, correctly applies the Heritage Overlay to 9 heritage places, and corrects 8 heritage place details in the Schedule to Clause 43.01. The amendment seeks to: Rezone 20 parcels of privately owned land throughout the Shire (as shown on the amendment maps for Map 19 in Lancefield, Map 25 in Woodend, Map 26 in Woodend & Hesket, Map 30 in Romsey and Chintin, Map 33 in Bullengarook, and Map 36 in Gisborne) to correct zone map errors and anomalies, as detailed in the table attached. Rezone 7 parcels of land in Kyneton, Lancefield, Gisborne, Springfield, Newham, Chintin, and Darraweit Guim to apply the most appropriate public land zone having regard to the current landowner/manager being Macedon Ranges Shire Council (MRSC), Department of Education, Department of Environment and Primary Industries (DEPI) and Coliban Water as shown on the amendment maps for Map No’s 12, 13, 17, 19, and 36 as detailed in the table attached. Rezone 23 parcels of land to Public Conservation and Resource Zone to apply the most appropriate public land zone for Crown land forming part of Macedon Regional Park in Woodend, Mount Macedon and Hesket, and Lerderderg State Park in Bullengarook for land managed by DEPI and Parks Victoria, as detailed in the table attached. Rezone 49 Aitken Street Gisborne from Residential 1 Zone to Commercial 1 Zone. Rezone several sections of Romsey Road in Romsey, Springfield, and Darraweit Guim to correctly apply the Road Zone Category 2 as detailed in the table attached. Amend Heritage Overlay maps to correct the extent of the following 9 heritage places as shown in the amendment maps: 1. Map 5 HO: HO56 – Clowes Street, Malmsbury 2. Map 6HO: HO126 – 1236 and 1248 Kyneton Metcalfe Road, Kyneton 3. Map 13HO: HO75 (85-87 Edgecombe Street), HO91 (central road reserve, High and Burke Streets), HO122 (Barongarook, 8 Trio Place) and HO166 (Campaspe River Road Bridge, Mollison Street) in Kyneton 4. Map 17HO: HO124 – 1141 Three Chain Road, Cobaw 5. Map 24HO: HO104 – 64 High Street, Woodend 6. Map 38HO: HO229 - 165 Sutherlands Road, Riddells Creek Amend the Schedule to Clause 43.01 to correct heritage place descriptions and/or address details for the following 8 heritage places: 1. HO75: 85-87 Edgecombe Street, Kyneton 2. HO91: Central Road Reserve, High and Burke Streets, Kyneton 3. HO104: Maloa House, 64 High Street, Woodend 4. HO114: 31 Hutton Street, Kyneton 5. HO122: Barongarook, 8 Trio Place, Kyneton 6. HO124: 1141 Three Chain Road, Cobaw 7. HO126: 1236 and 1248 Kyneton Metcalfe Road, Kyneton 8. HO229: 165 Sutherlands Road, Riddells Creek Amend the tree controls for HO122 (Barongarook, 8 Trio Place, Kyneton) and HO124 (1141 Three Chain Road, Cobaw) Insert a new Incorporated Document titled Significant Trees: 1141 Three Chain Road, Cobaw More specifically, the amendment: Corrects a number of zoning and overlay errors and anomalies as outlined in the tables below and shown on Planning Scheme Map No’s. 5, 6, 12, 13, 16, 17, 19, 24, 25, 26, 30, 31, 33, 36 & 38. ZONE CORRECTIONS Property Address # lots Scheme Map No. Proposed Rezoning Explanation Map ref Kyneton 1 Deleted after exhibition 2 Deleted after exhibition 3 1643 Trentham Road, Kyneton Part CA 146 Parish of Lauriston 1 Bourke Street, Kyneton (part of road reserve east of Edgecombe Street) 1 District Playground and Visitor Information Centre, Bourke Street, Kyneton (part of road reserve) 1 4 5 Map 12ZN From: Farming Zone Map 13ZN From: Public Park and Recreation Zone Map 13ZN From: Road Zone 1 Map 17ZN From: Rural Conservation Zone Schedule 2 Map 19ZN From: Residential 1 Zone (rear portion) To: Public Use Zone 1 (Service & Utilities) To: Road Zone Category 1 To: Public Park and Recreation Zone Applies the most appropriate public land zone (for water treatment by Coliban Water) Map 12: Correctly applies the Road Zone Category 1 within the Road Reserve Map 13: Correctly applies the Public Park and Recreation Zone (PPRC) area within the Road Reserve, as the PPRZ was incorrectly applied to road south of the park Map 13: Applies the most appropriate public land zone to 2.1ha lot used for education purposes by Newham Primary School Map17: The lot is primarily zoned Commercial 1 Zone and the zone boundary anomaly needs to be corrected Map19: 011 004 004 Carlsruhe 6 Deleted after exhibition Newham 7 1271 Rochford Road, Part of Newham Primary School being CA 11 Section 3, Parish of Newham, Lot 2 PS308122V 1 To: Public Use Zone 2 (Education) 010 Lancefield 8 19 High Street, Lancefield 1 To: Commercial 1 Zone 003 Property Address 9 74 High Street, Lancefield (Municipal Park) Reserves 2 and 4 of P140257 and Reserve 5 of P140260 # lots 1 Scheme Map No. Map 19ZN Proposed Rezoning Explanation From: Residential 1 Zone To: Public Park and Recreation Zone Rezone to the most appropriate public land zone reserved for recreation purposes Map ref Map 19: 003 Woodend 10 Deleted after exhibition 11 Crown Allotment 17A Section G Parish of Woodend, Black Forest Drive Woodend 1 1671 Mount Macedon Road, Woodend being Lot 1 of PS 544566 1 CA’s 2014, 2043, 2044, 2045, & 2046 Parish of Newham (PP3044) south of Mt Macedon Road & Turner Avenue Woodend 5 CA 2050/PP3044 1 12 13 14 15 Deleted after exhibition Hesket 16 Deleted after exhibition 17 Deleted after exhibition 18 Deleted after exhibition 19 Deleted after exhibition 20 Deleted after exhibition 21 Deleted after exhibition Map 25ZN From: Public Conservation and Resource Zone Applies the underlying zone to land no longer public Crown land Map 25: Correctly applies the underlying zone to privately owned land Map 26: Correctly applies the underlying zone to Crown land Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: 006 To: Rural Conservation Zone 1 Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) To: Rural Conservation Zone 1 To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone 021 021 021 Property Address 22 # lots CA 2042 Parish of Newham west of Falls Road 1 Scheme Map No. Map 26ZN Proposed Rezoning Explanation From: Public Use Zone 1 (Service & Utility) and part Rural Conservation Zone 1 Map ref Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: 021 To: Public Conservation and Resource Zone 23 24 25 26 27 28 29 30 31 32 CA 2038 Parish of Newham CA 3, Section B Parish of Newham on Falls Road and west of Days Road 1 Part CA 22 Section B Parish of Newham, south of Days Road 1 CA 28 Section B and CA 2039 Parish of Newham, east of Days Road 2 CA 2027 Parish of Newham, west of Days Road 1 CA 9 Section B Parish Newham, east of Falls Road 1 of CA 2041 Parish of Newham, east of Falls Road 1 CA 2018 Parish of Kerrie 1 Part CA 2009 Parish of Kerrie CA 2022 Parish of Kerrie CA 2020 Parish of Kerrie 1 1 1 Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Rural Conservation Zone 1 Map 26ZN From: Rural Conservation Zone 1 Map 26ZN From: Rural Conservation Zone 1 Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone 018 018 018 018 018 018 020 020 020 019 Property Address # lots Scheme Map No. Proposed Rezoning Explanation Map ref Mount Macedon 33 Part CA 174 B Parish of Kerrie 1 Map 26ZN From: Public Use Zone 1 and Rural Conservation Zone 1 Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Correctly applies the underlying zone to Crown land managed by DEPI Map 26: Applies the Road Zone 2 to 3934m² parcel acquired for road purposes Map 30: Applies the underlying zone to portion of privately owned rural lot Map 30: 019 To: Public Conservation and Resource Zone 34 35 36 37 38 CA 174 C Parish of Kerrie CA’s 2019 & 2021 Parish of Kerrie 1 2 Part CA 160H Parish of Kerrie and CL 2039 Parish of Macedon (along Barringo Creek) 1 Part CA 34 Township of Barringo Parish of Macedon (along Barringo Creek) 1 CA 2034 Parish of Macedon west of Barringo Creek 1 Map 26ZN From: Rural Conservation Zone 1 Map 26ZN From: Rural Conservation Zone 1 Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 26ZN From: Public Use Zone 1 (Service & Utility) Map 30ZN From: Rural Living Zone 1 Map 30ZN From: Road Zone 2 To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone To: Public Conservation and Resource Zone 019 019 019 019 019 Macedon 39 Deleted after exhibition Romsey 40 41 Part CA 1D Section K, Parish of Lancefield (CT-Vol. 8496 Fol. 319) Romsey Road, east of Romsey 1 Part CA 1G Section K, Parish of Lancefield CT-9947/069 Romsey Road, Romsey 1 To: Road Zone Category 2 To: Rural Living Zone 1 017 017 Property Address # lots Scheme Map No. Proposed Rezoning Explanation Map ref Springfield 42 RR 1 PS 614142E, Parish of Springfield and Part CA 23, Parish of Springfield (Certificate of Title Volume 11261 Folio 260) Romsey Road, Springfield 43 Deleted after exhibition 44 Deleted after exhibition 1 Map 30ZN From: Farming Zone Map 31ZN From: Rural Living Zone 1 Map 31ZN From: Rural Living Zone 1 To: Road Zone Category 2 Applies the most appropriate road zone to 6159m² Council owned land providing road reserve function Map 30: Applies the most appropriate road zone to 420m² Council owned land providing road reserve function Map 31: Applies the most appropriate road zone to 5807m² of Council managed land for road reserve function Map 31: 017 Chintin 45 Deleted after exhibition 46 Deleted after exhibition 47 Deleted after exhibition Darraweit Guim 48 Deleted after exhibition 49 Lot 1 TP 95709D part CA 18 Section A, Parish of Bylands (Certificate of Title Vol 9567 Fol 360) Romsey Road, near Boyds Creek, Darraweit Guim 1 Lots 1 & 2 TP 568702J Parts of CP 37 & 38 Parish of Chintin west of Wallan-Darraweit Road 1 50 To: Road Zone Category 2 To: Road Zone Category 2 016 016 Property Address # lots Scheme Map No. Proposed Rezoning Explanation Map ref Bullengarook 51 Part CA 43B, Parish of Bullengarook 1 Map 33ZN 256 Trott Road, Bullengarook 52 53 To: Rural Conservation Zone 1 CA 39A Parish of Bullengarook 108 Fitzgerald Bullengarook Part CA 39B, Bullengarook From: Public Use Zone 6 (Local Government) 1 Road, Map 33ZN From: Public Use Zone 6 (Local Government) To: Public Conservation and Resource Zone Parish of 1 Map 33ZN From: Public Use Zone 6 (Local Government) To: Public Conservation and Resource Zone 54 Part CA 39B, Bullengarook Parish of Map 33ZN From: Rural Conservation Zone 1 To: Public Conservation and Resource Zone The PUZ6, which does not follow the property boundary of CA 39B but rather what appears to be the riparian boundary, traverses onto private land. This error is being corrected by rezoning the sliver of privately owned land to the underlying zone. Note that the remainder of the PUZ6 is to be changed to PCRZ – see items 52 and 53 Map 33: Applies the underlying zone to Crown land at edge of State forest. DEPI confirms that PCRZ is the most appropriate zone for the this parcel of land as it would align to that of most other parcels of State forest within Victoria Map 33: Council does not own or manage this land, as the current zoning would suggest. The proposed change applies the underlying zone to Crown land at the edge of State forest. DEPI confirms that PCRZ is the most appropriate zone for this parcel of land as it would align to that of most other parcels of State forest Map 33: Currently a part of CA 39B is zoned PUZ6 (see above) and the remainder of CA 39B is zoned Rural Conservation Zone 1. DEPI confirmed that most other parcels of State forest within Victoria is zoned PCRZ, as such it is proposed to apply the most appropriate zone to this parcel of land Map 33: 008 008 008 008 Property Address # lots Scheme Map No. Proposed Rezoning Explanation Map ref Gisborne 55 56 57 58 59 40 Roberson Street, Gisborne, two Crown Allotments and portion of unmade road 1 3 Hamilton Street, Gisborne (including all lots for Units 1-13) 13 51 Aitken Street, Gisborne 1 14A Fisher Street, Reserve for Municipal Purposes 1 49 Aitken Street (Lot 402075C), Gisborne 1 5 PS Map 36ZN From: Public Use Zone 1 (Service & Utilities) Applies the most appropriate public use zone category to reflect current ownership by Council following purchase from Western Water Map 36: Map 36ZN From: Commercial 1 Zone (B1Z) Applies the most appropriate zone to multi-unit dwelling lot Map 36: Map 36ZN From: Residential 1 Zone Applies the most appropriate public land zone to 2022m² of Council land for municipal purposes Map 36: Map 36ZN From: Residential 1 Zone Applies the most appropriate public land zone to reserve for municipal purposes Map 36: Map 36ZN From: Residential 1 Zone The proposed rezoning seeks to implement: Map 36: To: Commercial 1 Zone 1. a 2012 S.173 Agreement with Council when the land was sold as part of a subdivision and lot consolidation under a 2006 Permit (P204-0716) (Council agreed to initiate a rezoning of this land to the Business 1 Zone (now Commercial 1 Zone) within 12 months of the Agreement); and 001 To: Public Use Zone 6 (Local Government) To: Residential 1 Zone To: Public Use Zone 6 (Local Government) To: Public Use Zone 6 (Local Government) 2. the S.173 Agreement’s requirement regarding the 1997 Statement of Environment Audit for the land which restricts use to commercial non-sensitive purposes and accords with the provisions of the Environmental Audit Overlay that applies to the land The application of the Commercial 1 Zone accords with this Agreement and does not contradict any existing policy 012 001 001 001 Property Address # lots Scheme Map No. Proposed Rezoning Explanation The Environmental Audit Overlay will continue to apply to Lots 4 (51 Aitken Street) and 5 (49 Aitken Street) to ensure these lots cannot be used for sensitive purposes unless a Certificate of Environmental Audit issues for such. The 1997 Statement of Environment Audit registered on the Titles ensures that the restricted use of the land is appropriately managed in response to the 1997 Audit findings Map ref HERITAGE OVERLAY CORRECTIONS No Heritage Overlay Town Area Heritage Place (as shown) Heritage Place (as proposed) Part of scheme to be changed Proposed Change Property affected by proposed change Explanation 60 HO56 Malmsbury Trees Clowes Street, Malmsbury (west of Ross Street) Trees Clowes Street, Malmsbury (west of Ross Street) Map 5HO Apply heritage overlay to full section of Clowes Street Trees Clowes Street, Malmsbury (west of Ross Street) Map correction Apply heritage overlay to full section of road reserve to include the heritage items, as currently only applies to a small section of road pavement. The citation states that street tree planting is not common in Malmsbury and that these mature trees add considerably to the qualities of this elevated semi-rural street 61 HO75 Kyneton Brick Residence (7142500500) 87 Edgecombe Street, Kyneton Brick Residence (7142500500) 85-87 Edgecombe Street, Kyneton Schedule to Clause 43.01 and Map 13HO Correct street address and delete property number from heritage place identification 85-87 Edgecombe Street, Kyneton Administrative correction: Street address clarification Remove property number to comply with DPCD Practice note 01: “Applying the Heritage Overlay” by avoiding obscure location descriptions. Street address is sufficient to identify the heritage place Map – extend the heritage overlay to include Lot 9 LP 43336 P/Lauriston to the west Map correction: To ensure accurate correlation between the Heritage Overlay schedule and the Heritage Overlay map (DPCD Practice note 01: “Applying the Heritage Overlay”) extend the heritage overlay to reflect the heritage place DPCD Practice note 01: “Applying the Heritage Overlay” states that the heritage overlay applies to both the listed heritage item and its associated land to ensure that any new development does not adversely affect the setting or context of the significant feature. “In most situations, the extent of the provision will be the whole of the property (for example, a suburban dwelling and its allotment)” No 62 63 Heritage Overlay Town Area Heritage Place (as shown) Heritage Place (as proposed) Part of scheme to be changed Proposed Change Property affected by proposed change Explanation HO91 Kyneton Central Road Reserve and Mature Planting, High Street, Kyneton (north East corner Bourke Street) Central Road Reserve and Mature Planting, High and Bourke Streets, Kyneton (north East corner Bourke Street) Schedule to Clause 43.01 and Map 13HO Modify address VicRoads Road Reserve Administrative correction: Street address clarification House CA 1A, Section 40A, High Street and Quarry Road (corner), Woodend Maloa House, Outbuildings and Landscaping CA 1A, Section 40A 64, High Street and Quarry Road (corner), Woodend Schedule to Clause 43.01 and Map 24HO Correct place name and address 42, 44, 46, 48, 50, 52, 54, 56, 58, 60 and 64 High Street Woodend and thin portion of 21 Quarry Road Administrative correction: Clarify property name and address HO104 Woodend Map - relocate and expand overlay map to reflect heritage place Map - remove from 42, 44, 46, 48, 50, 52, 54, 56, 58 and 60 High Street and thin portion of 21 Quarry Road Woodend Map correction: The Heritage Overlay currently exists on the wrong location. To ensure accurate correlation between the Heritage Overlay schedule and the Heritage Overlay map (DPCD Practice note 01: “Applying the Heritage Overlay”) remove overlay from property that does not form part of the heritage place and extend and apply to correct property Map correction: The HO came first and then Council permitted subdivision. The subdivision and residential development has left the original homestead intact on a smaller block of land but has created a new character in the surrounding original property which does not reflect the original homestead. New residential development requires heritage consent, which is an anomaly as it has no heritage value. The heritage place itself is not included. Remove the heritage overlay from 11 lots and apply to the heritage place No Heritage Overlay Town Area Heritage Place (as shown) Heritage Place (as proposed) Part of scheme to be changed Proposed Change Property affected by proposed change Explanation 64 HO114 Kyneton Carrick (622400650) 31 Hutton Street, Kyneton Carrick (622400650) 31 Hutton Street, Kyneton Schedule to Clause 43.01 Change address and delete property number from heritage place identification 31 Hutton Street, Kyneton Administrative correction: Remove property number to comply with DPCD Practice note 01: “Applying the Heritage Overlay” by avoiding obscure location descriptions. Street address is sufficient to identify the heritage place 65 HO122 Kyneton Barongaroon and Mature Decidious Trees, Kyneton East Road (Trio Road), east of Kyneton Barongaroonk and Mature Decidious Trees, Kyneton East Road (Trio Road), east of 8 Trio Place, Kyneton Schedule to Clause 43.01 and Maps 13HO and 16HO Change address, delete reference to Mature Deciduous Trees, and remove Tree control 8 Trio Place, Administrative correction: DPCD Practice note 01 “Applying the Heritage Overlay” requires street numbers to be included wherever possible Remove reference to Mature Deciduous Trees (and Tree control). The attached one page heritage citation does not specify which mature deciduous trees are of historical value. Council’s Heritage Advisor confirmed that no trees of heritage value exist on the property or the current location of the heritage overlay. Portion of Trio Road road reserve Map - modify map to include all of the land associated with property (map is currently on roadside south east of property) Map correction: To ensure accurate correlation between the Heritage Overlay schedule and the Heritage Overlay map (DPCD Practice note 01: “Applying the Heritage Overlay”) relocate the heritage overlay from the road reserve to the heritage place, 8 Trio Place 66 HO124 Cobaw Former Cobaw Primary School, Kyneton Lancefield Road, Cobaw Former Cobaw Primary School Kyneton Lancefield 1141 Three Chain Road, Cobaw Schedule to Clause 43.01 Map 17HO Update address and correct the Tree Controls to read 'Yes, as per incorporated plan’ Activate Incorporated Plan 1141 Three Chain Road, Cobaw Administrative correction: The historical connection between the school and the existing pine trees (which are not the original plantation trees) is no longer intact. The planting of the plantation is an historical event which does not require the retention of the existing trees. No Heritage Overlay Town Area Heritage Place (as shown) Heritage Place (as proposed) Part of scheme to be changed Proposed Change Property affected by proposed change Reference new Incorporated Plan: Significant Trees: 1141 Three Chain Road, Cobaw, August 2014 Map – modify extent of heritage overlay to only cover the original school ground 67 68 HO126 HO166 Kyneton Kyneton Sunbury Lodge, originally called Park Hall, Kyneton Metcalfe Road, north of Kyneton Sunbury Lodge, originally called Park Hall, 1236 and 1248 Kyneton Metcalfe Road, north of Kyneton Schedule to Clause 43.01 and Map 6HO Campaspe River Road Bridge including Abutments and Mature Trees to the East, Mollison Street, Kyneton Campaspe River Road Bridge including Abutments and Mature Trees to the East, Mollison Street, Kyneton Map 13HO Correct street address Map – Modify map to remove road and Council land (NE corner) Map - modify overlay to reflect the actual heritage place including adjacent trees Explanation Map correction: To ensure accurate correlation between the Heritage Overlay schedule and the Heritage Overlay map (DPCD Practice note 01: “Applying the Heritage Overlay”) reduce the heritage overlay to only apply to the original school grounds 1236 and 1248 KynetonMetcalfe Road, Kyneton Administrative correction: DPCD Practice note 01 “Applying the Heritage Overlay” requires street numbers to be included wherever possible Mollison Street Road Reserve Map correction: To ensure accurate correlation between the Heritage Overlay schedule and the Heritage Overlay map (DPCD Practice note 01: “Applying the Heritage Overlay”) correct the map to reflect the actual heritage place by extending the heritage overlay to the north and south so as to cover the heritage items described 2 Campaspe Drive and 2 Franklin Place Kyneton (both Council land) Map correction: Remove the heritage overlay from the road and Council land No 69 Heritage Overlay Town Area Heritage Place (as shown) Heritage Place (as proposed) Part of scheme to be changed Proposed Change Property affected by proposed change Explanation HO229 Riddells Creek Bolinda Park, Sutherlands Road, Riddells Creek Bolinda Park, 165 Sutherlands Road, Riddells Creek Schedule to Clause 43.01 and Map 38HO Add street number to the address 165 Sutherlands Road Administrative correction: DPCD Practice note 01 “Applying the Heritage Overlay” requires street numbers to be included wherever possible Map - delete HO229 from all affected lots and apply HO229 to 165 Sutherland Road, Riddells Creek being the heritage place 39 lots currently affected by HO229 Map correction: The HO came first and then Council permitted subdivision. The subdivision and residential development has left the original homestead intact on a smaller block of land but has created a new character in the surrounding original property which does not reflect the original homestead. New residential development requires heritage consent, which is an anomaly as it has no heritage value. The heritage place itself is not included. Remove the heritage overlay from 39 lots and apply to the heritage place NOTE: The changes to the Schedule to the Heritage Overlay only relate to the following Heritage Overlays: HO75, HO91, HO104, HO114, HO122, HO124, HO126 and HO229 NOTE: Macedon Ranges Shire Council requested the Minister for Planning to prepare and process prescribed Amendment C74 on 04/04/2014. Numerous corrections are being proposed to the Schedule to the Heritage Overlay. The Schedule to the Heritage Overlay attached to C89 does not reflect the corrections proposed under Amendment C74. It is important that the corrections proposed under C89, once adopted, not override the corrections effected by C74. Strategic assessment of the amendment Why is the amendment required? The corrections improve the general operation and effectiveness of the scheme by removing unnecessary planning restrictions that stem from incorrectly applied planning controls that do not reflect the circumstances of the affected land. These changes will ensure that current errors and anomalies found within the Macedon Ranges Planning Scheme are corrected. This is consistent with the Planning and Environment Act requirements for regular review of planning schemes. How does the amendment implement the objectives of planning in Victoria? This amendment includes minor adjustments and technical corrections to the planning scheme. As such, these minor changes ensure that correct provisions are applied to relevant land parcels, which in turn ensures consistency within the Macedon Ranges Planning Scheme. To provide for the fair, orderly, economic and sustainable use and development of land The amendment corrects zoning and planning scheme provisions that impact on the fair and orderly use and development of land. The amendment corrects the inadvertent application of incorrect zones and applies zones that are appropriate to the use and development of land. These changes provide for the economic and sustainable use of these lands. The amendment changes and corrections of errors and anomalies are essentially minor and administrative in nature. To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity Consideration has been given to the context of each site and surrounding land uses and applies zones that reflect the current use of the land or consistent with the zoning of adjoining lands. The application of correct zones to public land will protect both the natural and man-made resources. To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value The amendment corrects heritage place descriptions, address details and tree controls, and ensures that the heritage overlays cover the heritage places intended to be protected. These changes provide for the conservation of heritage places. How does the amendment address any environmental, social and economic effects? This amendment includes minor adjustments and technical corrections, and as such, this amendment is expected to have no detrimental effects on the environment. The amendment will have positive social and economic effects by removing unnecessary planning restrictions that stem from incorrectly applied zones or overlays. Does the amendment address relevant bushfire risk? The amendment has no relevant bushfire risk given that it corrects a number of mapping and ordinance errors in the planning scheme. The amendment does not contradict any local policies relating to bushfire. Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? This amendment complies with Ministerial Direction – Form and Content of Planning Schemes, and is also consistent with Ministerial Direction No.11 – Strategic Assessment of Amendments. The amendment is also consistent with Planning Practice Note 46 which requires that public lands are appropriately zoned, and Planning Practice Note 1 which relates to the use of the Heritage Overlay. How does the amendment support or implement the State Planning Policy Framework and any adopted State policy? The amendment is corrective in nature and does not involve any significant changes to the Macedon Ranges Planning Scheme, as such, this amendment has no significant impact on the implementation of the State Planning Policy Framework or any adopted State Policy. How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? The purpose of the amendment is to correct errors and anomalies which are essentially administrative in nature. This amendment includes minor adjustments and technical corrections, and as such this amendment has no significant impact on the implementation of the Local Planning Policy Framework or MSS. The amendment generally improves land use and development directions and outcomes, considers the effectiveness and need for land use and development controls, as well as streamlines the administration of the scheme. The amendment is consistent with the Local Planning Policy Framework (LPPF). Does the amendment make proper use of the Victoria Planning Provisions? The amendment removes and changes controls on land which would otherwise impose unintended requirements to be met. The corrections to zone and overlays on the land affected by the amendment will improve the general operation and effectiveness of the Macedon Ranges Planning Scheme and, as such, ensure proper use of the Victorian Planning Provisions. How does the amendment address the views of any relevant agency? The amendment has been prepared with a view to meeting the views and guidelines of relevant government department and service authorities. Direct notification of this amendment has been given to all relevant departments and agencies, which may make a formal submission to the amendment if required. Does the amendment address relevant requirements of the Transport Integration Act 2010? This amendment includes minor adjustments and technical corrections, as such, this amendment is not considered to have a significant impact on the transport system. Part of the amendment corrects the road zone, but will not have any impact on the function and use of public roads. Resource and administrative costs What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The amendment is minor in nature and provides for the correction of errors and anomalies. The corrections will reduce resource and administrative costs by avoiding the need for unnecessary planning permit applications for land uses, and buildings and works which meet with the purposes and provisions of the relevant zone. Where you may inspect this Amendment The amendment is available for public inspection, free of charge, during office hours at the following places: Macedon Ranges Shire Council offices and Service Centres at: 129 Mollison Street, Kyneton 3444 40 Robertson Street, Gisborne 3437 Woodend, Cnr Forest and High Streets, Woodend 3442 Romsey, 96-100 Main Street, Romsey 3434 At libraries during opening hours at: Gisborne Library, 8 Hamilton Street, Gisborne 3437 Kyneton Library, 3 Baynton Street, Kyneton 3444 Romsey Library, 96-100 Main Street, Romsey 3434 Woodend Library, Cnr Forest and High Streets, Woodend 3442 The amendment can also be inspected free of charge at the Department of Transport, Planning, and Local Infrastructure website at http://www.dpcd.vic.gov.au/planning/publicinspection.