SWAN HILL PLANNING SCHEME SCHEDULE 6 TO THE DEVELOPMENT PLAN OVERLAY --/--/20-C58 Shown on the planning scheme map as DPO6 SWAN HILL SOUTH WEST DEVELOPMENT PRECINCT --/--/20-C58 This schedule applies to land part of Lot 2 PS 405842S, Sea Lake-Swan Hill Road, Swan Hill, Lot 2 LP 131446, Dead Horse Lane, Swan Hill and Lot 1 LP131446, Feldtmann Lane, Swan Hill all within the South West Development Precinct. 1.0 Requirement before a permit is granted A permit must not be granted to use or subdivide land, construct a building or construct or carry out works until the following is prepared to the satisfaction of the Responsible Authority: 1.1 Detailed development plan. A detailed development plan for the entire area identified above in this schedule must be prepared as per the requirements outlined in this schedule and approved by the Responsible Authority. The following plans and documents, for the entire land identified in this Schedule, must be submitted to and approved as part of the above development plan: o Site analysis and subdivision layout as specified in Clause 3.1.1 of this Schedule. o Infrastructure Plan as specified in Clause 3.1.2 of this Schedule. o Drainage Master Plan as specified in Clause 3.1.3 of this Schedule. o Traffic Impact Assessment as specified in Clause 3.1.4 of this Schedule. o Preliminary Environmental Audit in Clause 3.1.5 o An Environmental Management Plan as specified in Clause 3.1.6 of this Schedule. o Cultural Heritage related requirements as specified in Clause 3.1.7 of this Schedule. Note: The approved development plan may be amended to the satisfaction of the Responsible Authority. 1.2 Section 173 Agreement – Provision of infrastructure A signed and registered agreement pursuant to section 173 of the Planning and Environment Act 1987 between Swan Hill Rural City Council and the landowners. This agreement must be in accordance with the requirements and cost details outlined in Appendix B (titled Section 173 Agreement for the Provision of Infrastructure Applied to Development Plan Overlay Schedule 6) to the South West Development Precinct Contribution to Infrastructure 3 March 2015 (or as revised thereafter) DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 1 of 13 SWAN HILL PLANNING SCHEME The agreement must be prepared in consultation with, to the satisfaction of, and at no cost to Swan Hill Rural City Council and then be registered on the Certificate of Title for each parcel of land identified in this Schedule in accordance with Section 181 of the Planning and Environment Act 1987. This agreement must not be removed from the Certificate of Titles until the development is completed to the satisfaction of the Responsible Authority. 1.3 Exemptions Permits may be granted before the detailed development plan is approved for the following, subject to the Responsible Authority being satisfied that the issuing of a planning permit will not prejudice the implementation of the Master Plan for the South West Development Precinct: 2.0 A single dwelling on an existing allotment (provided the requirements under Clause 3.1.5 is satisfied) Buildings or works and extensions and modifications associated with an existing use in accordance with the provisions of Clause 63 of this Planning Scheme. Excision of an existing dwelling. The excision should be limited to the dwelling and any outbuildings and works associated with the dwelling to the satisfaction of the Responsible Authority. An outdoor advertising sign/structure. A minor utility installation and access to it. Boundary realignment to the satisfaction of the Responsible Authority and will not prejudice the implementation of the Master Plan for the South West Development Precinct. Conditions and requirements for permits Conditions as appropriate must be included on any planning permit issued, other than those that are exempted by this schedule, to ensure the provision of infrastructure as specified in this Schedule to the satisfaction of the Responsible Authority. Infrastructure works - General Prior to the issue of a Statement of Compliance the developer must provide the infrastructure in accordance with the approved Infrastructure Plan prepared under this Schedule. The provision of infrastructure requirements Infrastructure must be provided to the standards specified below in Table 1 - Details of Infrastructure to be Provided Table 1 Details of Infrastructure to be Provided Description of infrastructure Sea Lake - Swan Hill Road Location Intersection with new collector street as DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 Details of Requirements Intersection of Collector Street with Comments Works to be carried out to PAGE 2 of 13 SWAN HILL PLANNING SCHEME Description of infrastructure Location shown on the approved South West Development Precinct Master Plan Collector Street/s Temporary Turning Circles Collector street/s as shown on the approved South West Development Precinct Master Plan Wherever a stage of construction finishes at any point other than at an intersection Details of Requirements Sea-Lake Swan Hill Road as per the requirements of VicRoads. Comments Collector Street with shared path As per the requirements of the Infrastructure Design Manual (as updated) As per the requirements of the Infrastructure Design Manual (as updated) Turning circle must be provided for emergency, garbage collection vehicles and street sweepers. VicRoads requirements. A gravel turning circle must be provided within the property on land still to be developed. The landowner must enter into a S173 agreement with Swan Hill Rural City Council for the ongoing maintenance of the court bowl. Drainage retardation basins, pumps stations, rising mains. As per the drainage master plan approved under this Schedule for the entire land identified in this Schedule. DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 Where this cannot be achieved a fully constructed court bowl must be provided within the developed land to the satisfaction of the Responsible Authority. As per the requirements of the Infrastructure Design Manual (as PAGE 3 of 13 SWAN HILL PLANNING SCHEME Description of infrastructure Location Other infrastructure e.g. access streets (including pavement, kerb and channel, footpaths and underground drainage), street lighting, street trees, street furniture, landscaping Details of Requirements As per the requirements of the respective planning permit conditions Comments updated) As per the requirements of the Infrastructure Design Manual (as updated) Upgrading of existing infrastructure Existing infrastructure servicing the subject land must be upgraded to the standards specified in Table 2 - Details of Existing Infrastructure Upgrades Required. Table 2 Details of Existing Infrastructure Upgrades Required Description of existing infrastructure Sea Lake Swan Hill Road Location Details of upgrading Comments Full length of subject land fronting this road 2.5m wide shared path along the boundary of the subject land. An alternative option to the satisfaction of both VicRoads and the Responsible Authority may be considered subject. Works to be carried out to VicRoads requirements. Gray Street Full length of subject land fronting this road Upgrade to Collector Street standard including 2.5m shared path Feldtmann Lane Full length of subject land fronting Feldtmann Lane (Existing length only) Widen road reserve to 24m. As per the requirements of the Infrastructure Design Manual (as updated) If the east side of Feldtmann is not constructed at the time of this work, the minimum pavement width must be 6.2m with a 1m gravel shoulder on the DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 Construction of west half of Feldtmann Lane to Collector Street standard PAGE 4 of 13 SWAN HILL PLANNING SCHEME Description of existing infrastructure Location Details of upgrading Comments east side. As per the requirements of the Infrastructure Design Manual (as updated). Dead Horse Lane Full length of subject land fronting this road 2.5m wide shared path along the boundary of the subject land. Kerb and channel along the boundary of the subject land. Pavement width 6.2m plus 1m gravel shoulder This requirement applies only if any development or dwellings fronts Dead Horse Lane. As per the requirements of the Infrastructure Design Manual (as updated). All the infrastructure must be constructed to the standards specified in the Infrastructure Design Manual (as updated) at the time of construction. Construction Management Plan A site construction management plan that accords with the sediment control principles outlined in Construction Techniques for Sediment Pollution Control (Environment Protection Authority, 1991) to manage site run off, dust, erosion, litter and construction waste must be submitted to and approved by the Responsible Authority prior to the commencement works. Conditions to be included on all lots that abut No 7 Dead Horse Lane Swan Hill o A section 173 Agreement under the Planning and Environment Act 1987 will be included to lots abutting to No 7 Dead Horse Lane that the landowners: Acknowledge the non-residential uses and activities of the adjoining property at No. 7 Dead Horse Lane Prior to the issue of a Statement of Compliance a 20 metre wide tree buffer along the full length of the abutting boundary to No. 7 Dead Horse Lane must be provided by the developer to the satisfaction of the Responsible Authority. The landowners must maintain the tree buffer at all times to the satisfaction of Responsible Authority (maintenance of tree buffer allow trimming and pruning for safety reasons) No habitable or other buildings to be constructed within this 20 metre tree buffer area. Conditions to be included on all lots that abut to Farming Zone land DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 5 of 13 SWAN HILL PLANNING SCHEME o A section 173 Agreement under the Planning and Environment Act 1987 will be included to lots abutting to Farming Zone land that the landowners: Acknowledge the non-residential uses and activities of the adjoining Farming Zone land Prior to the issue of a Statement of Compliance a 20 metre wide tree buffer along the full length of the abutting boundary to Farming Zone land must be provided by the developer to the satisfaction of the Responsible Authority. The landowners must maintain the tree buffer at all times to the satisfaction of Responsible Authority (maintenance of tree buffer allow trimming and pruning for safety reasons) No habitable or other buildings to be constructed within this 20 metre tree buffer area. Even after rezoning of the said Farming Zone land to General Residential Zone nonresidential uses and activities may continue under Clause 63 - Existing Use of the Swan Hill Planning Scheme. As such this agreement must not be removed until non-residential uses and activities are ceased on the adjoining Farming Zone land. 3.0 Requirements for Development Plan The Master Plan for the South West Development Precinct was prepared and approved by the Swan Hill Rural City Council in March 2015 (or as revised thereafter by the Swan Hill Rural City Council). The Development plan for the land identified in this Schedule must: Ensure future use and development within the South West Development Precinct is generally in accordance with the approved Master Plan for the South West Development Precinct prepared and approved by Swan Hill Rural City Council March 2015 (or as revised thereafter). Ensure the orderly development of the Swan Hill South West Development Precinct creates a liveable place for the current and future communities of Swan Hill and incorporates Sustainable Design and Healthy by Design principles. Encourage high density development along the proposed Collector Streets. Ensure the development provides appropriate traffic, drainage, transport, recreational, community and necessary social infrastructure to service the community. Draft Master Plan for the South West Development Precinct DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 6 of 13 SWAN HILL PLANNING SCHEME N 3.1 Requirements for Development Plan for the Land Identified in this Schedule 3.1.1 Site analysis and subdivision layout The development plan must be drawn to scale and must be generally in accordance with the approved Master Plan for the South West Development Precinct and include the following but not limited to: A detailed site analysis plan showing existing conditions on the subject land and adjoining and opposite properties, contours at 0.1 metres and existing infrastructure, vegetation, buildings and any other structures. A subdivision layout that: o Creates a safe, convenient and legible street layout design that ensures development fronts streets and public open space. o The subdivision layout is sympathetic and appropriately responds to the proposed infrastructure as identified in the approved Master Plan for the South West Development Precinct, and developments that are already established within the adjoining land parcels. Internal streets must provide linear connections within and adjoining properties, precincts and existing streets and cul de sacs should be avoided where appropriate. DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 7 of 13 SWAN HILL PLANNING SCHEME o o o o o o o o o o 3.1.2 Court bowls within developments should be avoided in situations where there is opportunity to continue streets to provide linear connection and encourage walking Provides for a mix of lot sizes that can offer diverse residential development choices and affordable housing options. This may include provision of small lots on corner properties where appropriate. Lot orientation is consistent with the requirements of Sustainable Design Guidelines including solar efficiency where and as appropriate. Is consistent with the requirements of Safer Design Guidelines to create passive surveillance to public areas including streets and open spaces. Has a minimum lot size of 2000m2 abutting Dead Horse Lane as specified in the approved Master Plan for the South West Development Precinct. Has a minimum lot size of 1000m2 abutting Farming zoned land. This requirement is valid until the adjoining Farming zoned land being rezoned to General Residential Zone. A 20 metre wide tree buffer along the full length of the boundary of No. 7 Dead Horse Lane must be shown. Incorporates where appropriate Healthy by Design principles to encourage walking, cycling and active living by design. Identify vegetation that is to be retained and/or to be removed. Identify existing and proposed infrastructure. Identify existing buildings, works and structures that are to be removed or to be relocated. Infrastructure Plan The Infrastructure plan should address the following as appropriate: • • • • The provision, staging and timing of stormwater drainage works both internal and external to the precinct. The provision, staging and timing of road works (including allocation of land for the proposed bus stops, associated works, and shared paths. The provision and staging of the implementation of all recommendations identified in an approved Traffic Impact Assessment prepared for the development. Any other infrastructure or related matters reasonably requested by the Responsible Authority associated with the development of the land. 3.1.3 Drainage A Drainage Management Plan for the land identified under this Schedule addressing the management of the quantity of stormwater must be prepared to the satisfaction of the Responsible Authority. The Plan then must be approved by the Responsible Authority. The Drainage Management Plan must address the following but not limited to: Provision for stormwater arriving from upstream, passing through, and moving downstream from the site DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 8 of 13 SWAN HILL PLANNING SCHEME An assessment of the existing surface and subsurface drainage conditions on the site by a suitably qualified professional and the potential impacts on the proposed development, including any measures required to mitigate the impacts of groundwater coming to the ground surface on the development and the impact of the development on drainage. Detailed geotechnical and hydrological analysis and design of any retardation basins and their proximity to any groundwater table and in particular how groundwater infiltration will be addressed and how accessions to the water table will be addressed to the satisfaction of the Responsible Authority. Detailed computations and stormwater modelling showing that there are no adverse impacts to the operation of the Swan Hill Main Drain in a 100 year ARI rainfall event by any discharge from the drainage system serving the precinct to the Swan Hill Main Drain. Subdivision layout and road alignment must consider and give effect to the natural direction of overland flow paths for stormwater. Overland flows should be along roads reserves. Overland flows in drainage reserves should be avoided wherever possible. The provision, staging and timing of drainage infrastructure serving land identified in this Schedule. A detailed landscape plan for any retardation basin constructed showing the proposed landscape treatments, tree planting, footpaths around the basins and access to and around the basins for maintenance in accordance with the standards specified in the Infrastructure Design Manual (as updated) A minimum of 40% of the perimeter of the retardation basin must have a frontage to a road/s to allow overland flows to enter the basin unless otherwise agreed in writing by the Swan Hill Rural City Council Must show the approved drainage connection points to Swan Hill Rural City Council’s existing drainage infrastructure. Designation of fence design provisions in relation to the interface with retardation basin areas to maximise passive surveillance. Approval from all relevant service authorities whose assets or land may be affected by surface or pipe flow discharge. In particular it should be noted that a separate permit (Works on Waterway) from the relevant Catchment Management Authority may be required if: o There is a direct connection to a waterway. o There is a bridge or culvert over a waterway. o Construction of a retardation basin, and o When required by the relevant Catchment Authority Any other requirements as appropriate and determent by the Responsible Authority at the time of the development 3.1.4 Traffic A Traffic Impact Assessment Report that is generally consistent with the report titled “Swan Hill South West Development Precinct Traffic Impact Assessment” dated 20 June 2014) (or as DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 9 of 13 SWAN HILL PLANNING SCHEME revised thereafter), and the Swan Hill South West Development Precinct Traffic Strategy dated 25 February 2015 (or as revised thereafter) and referenced in this schedule must be prepared for the land identified in this Schedule, to the satisfaction of the Responsible Authority. The Traffic Impact Assessment Report must address the following but not limited to: Appropriate access and circulation of vehicles on the existing and future road network. Appropriate integration with the existing or proposed subdivision of adjoining properties including through alignment and configuration of the street network and landscape character. The identification of existing and proposed public transport routes, bus stops (as shown on the approved Master Plan for the South West Development Precinct) and associated infrastructure. The identification of existing and proposed pedestrian and cycling networks and shared paths Including provision for safe and convenient linear access to public transport infrastructure. The works necessary to accommodate traffic generated by the development and to mitigate the impact of that traffic on the development. Ensure that the road and intersection design must create efficient clearance of traffic, activity areas including around public facilities. The proposed road network should not overload or detrimentally affect existing or proposed residential streets and intersections. Adequate sight distance should be provided, especially where road alignment deflections occur at acute angles. Road layouts should provide natural traffic speed control, appropriate to the street category. The introduction of specific speed control devices should be considered only as a secondary option. Roundabouts may be implemented at intersections. However, care must be taken to provide adequately sized roundabouts and therefore road reservation boundaries must be designed to accommodate the radius required and sightlines. Road layouts should be designed for all road users appropriate to the street type, including service vehicles, emergency vehicles, waste collection vehicles and street-sweepers. Bus routes need to be considered when developing road networks and be based on the Department of Environment Land Water and Planning publication titled ‘Public Transport Guidelines for Land Use Development’ (or a replacement document by the Department). Road reserve widths must be adequate for the intended road type, and should comply with requirements of the Infrastructure Design Manual (as updated). Should include a typical cross-section of differing road types, detailing the intended function of the road, e.g. bike lanes, drainage and landscaping. Addresses all off-site traffic infrastructure requirements associated with the development and is to be accompanied by a Road Safety Audit, prepared by an appropriately qualified person. The Plan must address any safety issues raised by the Audit. DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 10 of 13 SWAN HILL PLANNING SCHEME 3.1.5 Preliminary Environmental Audit 3.1.6 A preliminary environmental audit and soil assessment for the entire land identified in this Schedule must be undertaken by a suitably qualified person and should be submitted to the Responsible Authority for assessment. The assessment must be undertaken in accordance with the Ministerial Direction No. 1 - Potentially Contaminated Land demonstrating the extent of any contaminated soils that may exist on the subject land. If any contamination detected, a more detail assessment outlining the location of the contaminated soil, the type of contaminants detected, and the strategies required to be undertaken to decontaminate the affected areas will be required. More information in relation to environmental audit and soil assessment could be obtained from Environment Protection Authority (EPA Victoria). Environmental Management Plan An Environmental Management Plan must be prepared for the entire land identified in this Schedule, to the satisfaction of the Responsible Authority. The Plan then must be approved by the Responsible Authority. The Environmental Management Plan must address the following but not limited to: 3.1.7 The location of any significant environmental, cultural, heritage and/or ecological (faunal and/or floral) features including fauna and remnant native vegetation. An environmental assessment of the land, involving a flora and fauna survey, which among other things, identifies the health and habitat value of all native vegetation. Developments on land that are reclaimed as a result of decommissioning of the GoulburnMurray Water Channel infrastructure requires further investigation undertaken by suitably qualified persons to demonstrate the suitability of the land to use and develop for residential and other purposes to the satisfaction of the Responsible Authority. The Plan must demonstrate as to how any significant features can be protected within the area. Cultural Heritage related requirements Notes to be included in permits: All Aboriginal Cultural Heritage, that is, Aboriginal Places, Aboriginal Objects and Aboriginal Human remains are protected under the State Aboriginal Heritage Act 2006. It is an offence to do an act that will harm Aboriginal cultural heritage or is likely to harm Aboriginal cultural heritage. Works must cease immediately up the discovery of any Aboriginal cultural material, and Aboriginal Affairs Victoria must be notified immediately of any such discovery at GPO Box DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 11 of 13 SWAN HILL PLANNING SCHEME 2392, Melbourne 3001 or on telephone 1300551380 or (03) 9208 3277 or via email to vahr@dpc.vic.gov.au (Contact details must be checked at the time of contact as these may change). If any suspected human remains are found, work in the area must cease and the Victorian Police and the State Coroner’s Office must be informed of the discovery immediately. If there are reasonable grounds to suspect that the remains are Aboriginal, the discovery should be immediately reported to Aboriginal Affairs Victoria as specified above. 3.2 Urban Design requirements Future development fronting and or having access via the Sea Lake- Swan Hill Road and Dead Horse Lane should be designed to achieve attractive visual presentation to the roads in terms of built form, landscaping, fencing and streetscape to the satisfaction of the Responsible Authority. 3.3 Fencing Fencing on or within 10 meters of the boundary along the Sea Lake - Swan Hill Road and or Dead Horse Lane should be at least 50% transparent to the satisfaction of the Responsible Authority unless otherwise agreed in writing by the Responsible Authority. 3.4 General Requirements Proposed street names must conform to the Guidelines for Geographic Names Victoria. The required buffer as per the requirements of Clause 52.10 of the Swan Hill Planning Scheme must be maintained between the industrial activities on Gray Street and sensitive use and developments within the Swan Hill South West Development Precinct. The following documents should be considered in the preparation of the reports, studies and documents required in this schedule. o Master Plan for the South West Development Precinct (approved and or revised thereafter) o Infrastructure Design Manual (as updated) o Swan Hill South West Development Precinct Drainage Strategy February 2015 (or as revised thereafter) o Swan Hill South West Development Precinct Traffic Impact Assessment May 2015 o Swan Hill South West Development Precinct Traffic Strategy, February 2015 (or as revised thereafter) o Swan Hill South west Development Precinct Traffic Impact Assessment Appendices Report May 2015 o South West Development Precinct Contributions to Infrastructure March 2015 (or as revised thereafter) DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 12 of 13 SWAN HILL PLANNING SCHEME Policy guidelines o o o o o o Draft Master Plan for the Swan Hill South West Development Precinct (approved and or as revised thereafter) Swan Hill South West Development Precinct Drainage Strategy February 2015 (or as revised thereafter) Swan Hill South West Development Precinct Traffic Impact Assessment May 2015 Swan Hill South West Development Precinct Traffic Strategy, February 2015 (or as revised thereafter) Swan Hill South west Development Precinct Traffic Impact Assessment Appendices Report May 2015 South West Development Precinct Contributions to Infrastructure March 2015 (or as revised thereafter) DEVELOPMENT PLAN OVERLAY – SCHEDULE 6 PAGE 13 of 13