AMENDMENT C93 WARRNAMBOOL PLANNING SCHEME · PDF fileAMENDMENT C93 WARRNAMBOOL PLANNING SCHEME TOWN PLANNING EVIDENCE PREPARED BY MR CHRIS MARSHALL March, 2016 ... evidence in regard

AMENDMENT C93

WARRNAMBOOL PLANNING

SCHEME

TOWN PLANNING EVIDENCE

PREPARED BY MR CHRIS MARSHALL

March, 2016

TGM Reference : 13594-01

TGM Group Geelong Melbourne | Ballarat

1/27-31 Myers Street (PO Box 1137)

Geelong Vic 3220

T 03 5202 4600

F 03 5202 4691

ABN 11 125 568 461

Amendment C93

Town Planning Evidence

Page 1 of 22

CONTENTS

1.0 INTRODUCTION ................................................................................................................................ 2

2.0 SUBJECT SITE AND SURROUNDS ........................................................................................................ 3

3.0 CURRENT ZONING............................................................................................................................. 5

4.0 BACKGROUND .................................................................................................................................. 6

4.1 Warrnambool Planning Scheme............................................................................................... 6

4.1.1 State Planning Policy Framework................................................................................. 6

4.1.2 Local Planning Policy Framework................................................................................. 7

4.1.3 Existing Controls ......................................................................................................... 8

4.2 Other Considerations .............................................................................................................. 9

4.2.1 Rural Residential Development – Planning Practice Note 37, June 2015 ........................ 9

4.2.2 Applying the Residential Zone – Planning Practice Note 78 June 2015......................... 10

5.0 ASSESSMENT .................................................................................................................................. 10

5.1 Proposed Amendment C93.................................................................................................... 10

5.2 Proposed Amendment C93 Review and Assessment............................................................... 15

5.2.1 Consideration of the Proposed Introduction of the Low Density Residential Zone........ 16

5.2.2 The Benefits of Introducing Low Density Residential Zone Land at this Location .......... 20

6.0 CONCLUSION.................................................................................................................................. 22

ATTACHMENTS

Attachment A – Qualifications and Experience

Amendment C93


Page 2 of 22

1.0 INTRODUCTION

1. My Name is Christopher Noel Marshall and I am Group Manager Town Planning for the TGM Group

Pty Ltd located at 1/27-31 Myers Street in Geelong. My qualifications and experience are detailed

in Appendix A of this report.

2. I have been requested by Kings Lawyers on behalf of Rodger Properties to provide town planning

evidence in regard to Planning Scheme Amendment C93.

3. Planning Scheme Amendment C93 implements Stage 1 of the Warrnambool Planning Scheme

Rewrite project which involves the preparation of a revised Local Planning Policy Framework

consistent with the themes and policies of the State Planning Policy Framework.

4. Of direct relevance to Rodger Properties are the proposed changes in Clause 21.01 Municipal

Profile, Council Vision and Strategic Directions, Clause 21.02-2 Urban Growth as these policies

discourage low-density residential subdivision and recommend the preparation of a structure plan

as the sole means to guide development of land designated as longterm growth east of Aberline

Road.

5. I have been requested to provide town planning evidence specifically in response to:

The proposed changes and additions of Amendment C93 relating to the use and

development of the Low Density Residential Zone.

The appropriateness of rezoning land on the eastern edge of urban settlement boundary of

Warrnambool to establish a low density residential zone buffer as a stand-alone rezoning

amendment.

The benefits of introducing Low Density Residential Zone land at this location.

6. In preparing this evidence I have inspected the site and reviewed the following reports

Warrnambool Planning Scheme

Planning Scheme Amendment C93

Rural Residential Development Planning Practice Note 37 June 2015

Applying the Residential Zones Planning Practice Note 78 June 2015

Warrnambool City Health and Wellbeing Plan 2013-17 July 2013

Amendment C93


Page 3 of 22

Warrnambool City-Wide Housing Strategy 2013

Warrnambool Planning Scheme Rewrite Project Final Report January 2015

Warrnambool Residential Land Supply Report 2015

Warrnambool Open Space Strategy 2014

7. A summary of my assessment in regard to this proposal is as follows:

The discouragement of the use of the Low Density Residential Zone as proposed by

Amendment C93 is inconsistent with the strategic direction to provide lot and housing

diversity, to manage urban–rural interfaces and the retention of the rural character of

Warrnambool.

The proposed introduction of the Low Density Residential Zone along the eastern edge of

the longterm growth corridor of Warrnambool as a stand along amendment will result in an

appropriate and orderly planning outcome.

The proposed introduction of a Low Density Residential subdivision on the eastern edge of

Warrnambool’s longterm growth corridor will provide significant benefits without detriment

to the longterm urban land supply.

8. I wish to record that I submitted a response to Amendment C93 on behalf of Roger Properties on

17 December 2015.

2.0 SUBJECT SITE AND SURROUNDS

9. The subject land is located within the Warrnambool urban settlement boundary and is

approximately 140 hectares in area. The land is described as gently sloping predominantly cleared

farming land which drains into Russells Creek that bisects the southern portion of the land. The

land has historically been used for grazing and cropping purposes and has no significant

environmental values other than Russells Creek which is described as a degraded waterway and

scattered trees located along the western boundary. The subject land is bounded by an

established road network consisting of Wangoom Road, Horne Road and Boiling Down Road.

Amendment C93


Page 4 of 22

Figure 1 – Aerial Photograph of Rezoning site

10. The subject land represents the eastern most extent of longterm growth corridor identified within

the Warrnambool urban settlement boundary of the Warrnambool Strategic Framework Plan.

Adjacent land further east is Farming Zone land and Industrial 3 Zone land. Farming Zone land is

also located to the north and south and land located directly west is undeveloped Farming Zone

land also within the longterm growth corridor.

11. Services are available to develop the subject land including reticulated sewerage and access is also

available via Wangoom, Horne and Boiling Down Roads. Horne Road and Wangoom Roads are

Category 2 Roads.

Figure 2 – Site Location

Subject Site

Amendment C93


Page 5 of 22

3.0 CURRENT ZONING

12. The subject sit is currently situated within the Farming Zone.

Figure 3 – Current Zone

Subject Site

Amendment C93


Page 6 of 22

4.0 BACKGROUND

4.1 WARRNAMBOOL PLANNING SCHEME

4.1.1 STATE PLANNING POLICY FRAMEWORK

13. The State Planning Policy Framework encompasses a broad range of policies that are relevant to

this amendment and consideration of the proposal to introduce Low Density Residential Zone

along the eastern boundary of Warrnambool including:

(Clause 11 Settlement)

To anticipate and respond to the needs of existing and future communities through provision

of zoned and serviced land for housing, employment, recreation and open space, commercial

and community facilities and infrastructure.

Planning is to prevent environmental problems created by siting incompatible land uses close

together.

Planning is to facilitate sustainable development that takes full advantage of existing

settlement patterns, and investment in transport and communication, water and sewerage

and social facilities.

(Clause 11.02-1 Supply of urban land)

To ensure a sufficient supply of land is available for residential, commercial, retail, industrial,

recreational, institutional and other community uses and plan to accommodate projected

population growth over at least a 15 year period and provide clear direction on locations

where growth should occur.

Restrict low-density rural residential development that would compromise future

development at higher densities.

(Clause 11.02-3 Structure Planning).

Ensure effective planning and management of the land use and development of an area

through the preparation of strategic plans, statutory plans, development and conservation

plans, development contribution plans and other relevant plans.

Amendment C93


Page 7 of 22

To assist creation of a diverse and integrated network of public open space commensurate

with the needs of the community.

(Clause 11.05-1 Coastal settlement).

Support a network of diverse coastal settlements which provides for a broad range of housing

types, economic opportunities and services.

(Clause 11.09-6 Environmental assets).

Protect significant landscapes and provide vegetation corridors between high value

environmental assets.

(Clause 11.09-9 Integrated planning).

To ensure that the land and infrastructure needed to support growth is identified and

appropriately planned. Protect industrial activity from sensitive land uses.

(Clause 16 Housing).

Planning should provide for housing diversity, and ensure the efficient provision of supporting

infrastructure.

14. From my review of these policies the SPPF seeks to encourage the sustainable use and

development of urban land and development that facilitates housing diversity and environmental

benefits. It also promotes the effective planning and development of land via the preparation of a

variety of plans, encourages development in serviced areas and restricts low density development

that would compromise future higher density land supply.

4.1.2 LOCAL PLANNING POLICY FRAMEWORK

15. The Local Planning Policy Framework is subject to this amendment. My review of the proposed

changes to the LPPF as they relate to the Low Density Residential Zone are provided in this

evidence.

Amendment C93


Page 8 of 22

4.1.3 EXISTING CONTROLS

16. The subject land is currently zoned Farming Zone under Clause 52.07 the purpose of the Farming

Zone is as follows:

To implement the State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies.

To provide for the use of land for agriculture.

To encourage the retention of productive agricultural land.

To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of

land for agriculture.

To encourage the retention of employment and population to support rural communities.

To encourage use and development of land based on comprehensive and sustainable land

management practices and infrastructure provision.

17. A permit is required to subdivide farming zone land under Clause 35.07-3 which requires that each

lot must be at least the area specified for the land in a schedule to this zone. If no area is specified,

each lot must be at least 40 hectares. The Schedule to the farming zone specifies a minimum

subdivision area of 15 hectares.

18. Under Clause 32.03 the purpose of the Low Density Residential Zone is as follows:



To provide for low-density residential development on lots which, in the absence of

reticulated sewerage, can treat and retain all wastewater

19. A permit is required to subdivide land within the Low Density Residential Zone under Clause 32.03-

3 which requires that each lot must be at least the area specified for the land in a schedule to this

zone. If no area is specified, each lot must be at least 0.4 hectares where reticulated sewerage is

not connected and 0.2 hectares with connection to reticulated sewerage.

20. Under Clause 33.03 the purpose of the Industrial 3 Zone is as follows:

Amendment C93


Page 9 of 22



To provide for industries and associated uses in specific areas where special consideration of

the nature and impacts of industrial uses is required or to avoid inter-industry conflict.

To provide a buffer between the Industrial 1 Zone or Industrial 2 Zone and local communities,

which allows for industries and associated uses compatible with the nearby community.

To allow limited retail opportunities including convenience shops, small scale supermarkets

and associated shops in appropriate locations.

To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land

uses.

4.2 OTHER CONSIDERATIONS

4.2.1 RURAL RESIDENTIAL DEVELOPMENT – PLANNING PRACTICE NOTE 37, JUNE 2015

21. This Practice Note provides a guide to the application of Low Density Residential Zone, Rural Living

Zone and Green Wedge Zone. The Practice note describes the Low Density Residential zone as a

‘residential zone’ however uses the term rural residential development as a catch all phrase. It

specifies a lot size of at least 0.4 hectares in areas where reticulated sewerage is not connected or

0.2 hectares for each lot connected to reticulated sewerage. A different lot size can be applied in

the schedule to the zone.

22. This Practice Note provides a suite of considerations when determining the appropriateness of

introducing these zones by including agricultural impacts, road access, servicing, environmental

and landscape impacts.

23. The Practice Note also highlights the importance of considering the broader strategic direction and

planning in the municipality, housing need, location characteristics and integration with existing

urban areas when determining the appropriateness of proposed rural residential development.

Amendment C93


Page 10 of 22

4.2.2 APPLYING THE RESIDENTIAL ZONE – PLANNING PRACTICE NOTE 78 JUNE 2015

24. This Practice Note provides a guide regarding the purpose and application of the residential zones.

25. The Practice Note provides a table that indicates such things as the role of these zones, where

should these zones be used and (relevant to this submission) if a Structure Plan or Design

Framework required for the zone to be applied.

26. In regard to the Low Density Residential Zone the table identifies the role of this zone is to provide

low density housing. It identifies that this zone should be used on the fringe of urban areas and

townships where sewerage may not be available. The table also identifies that application of the

zone does not require a Structure Plan or Design Framework Plan.

5.0 ASSESSMENT

5.1 PROPOSED AMENDMENT C93

27. The Planning Scheme Amendment C93 implements Stage 1 of the Warrnambool Planning Scheme

Rewrite project which involves the preparation of a revised Local Planning Policy Framework

consistent with the themes and policies of the State Planning Policy Framework.

28. The amendment specifically proposes to:

Introduce a new Municipal Strategic Statement (MSS) by replacing existing Clauses 21.01 to

21.10 (inclusive) with new Clauses 21.01 to 21.11 (inclusive).

Deletes existing Clauses 22.01, 22.02-1 to 22.02-7, 22.02-9, 22.03-3 to 22.03-5, and 22.04

(inclusive) by translating policy into the MSS, where appropriate.

Replaces existing Clause 22.03-2 with new Clause 22.01



Updates the plan in the schedule to Clause 34.01 to reflect recent development

Amendment C93


Page 11 of 22

Updates schedules 1 and 2 to Clause 37.01 to correct formatting

29. Clause 21.01-2 Key Issues summaries the key issues facing the city. Those issues relevant to this

report include as follows:

Population growth and associated needs for housing, infrastructure, community facilities,

employment and services – Given the region’s ageing population, more workers are required to

support the growth of existing and new industries. [Warrnambool City-Wide Housing Strategy]

Housing supply, choice and affordability – Over the next two decades, Warrnambool’s population is

projected to age and household sizes are expected to continue to get smaller. Dwelling sizes

however, are anticipated to increase. Careful planning is required to ensure future populations have

access to a diverse range of housing options. [Warrnambool City-Wide Housing Strategy]

Access to open space – open space is not evenly distributed throughout the City and some areas

have poor access to open space. Improved access to our waterways will continue to provide

important recreational opportunities. [Warrnambool Open Space Strategy]

Environmental values – The City supports an impressive range of environmental values. Further

urban development, the introduction of plants, and the introduction of animals have the potential

to impact on biodiversity. [New]

Protecting rural character and agricultural land – It is important that rural areas are protected to

ensure agricultural uses remain viable and to ensure the City’s unique rural character is protected

from urban development. [Moyne Warrnambool Rural Housing and Settlement Strategy]

30. Proposed Clause 21.01-4 Strategic Direction outlines the key elements in creating a sustainable city

and provides the strategic direction for housing, long term growth, environmental and landscape

values and. Other relevant directions include:

Housing

The development of greenfield growth areas also provide an opportunity to develop a variety of

dwelling types with varying development densities. The use of smaller lot sizes and housing close to

community services is particularly appropriate for the ageing and student populations.

[Warrnambool City-Wide Housing Strategy]

Long Term Growth Corridor

380 hectares of land on the eastern side of Aberline Road has been identified as a future long-term

growth area. This area is likely to contain a mix of uses, such as residential and industrial uses,

subject to detailed structure planning. [Warrnambool City-Wide Housing Strategy]

Amendment C93


Page 12 of 22

Environment and Landscape Values

It is important that the impacts of urban and rural pressures are appropriately managed in coastal

areas, waterways and sensitive ecosystems. [New]

Rural Character and Agricultural Land

Agriculture is an important element of the regional economy with 16 percent of the work force

employed within the agriculture, fishing and forestry sector. [Clause 21.07-1]

Appropriate management of the urban-agricultural interface will be required to protect farming

operations and maintain a greenbelt around Warrnambool’s settlement boundary. [Clause 21.02]

31. Figure 1. Warrnambool Strategic Framework Plan identifies the subject land as part of Long Term

Growth Corridor or land east of Aberline Road.

Figure 4 – Strategic Framework Plan

32. Proposed Clause 21.0-2 Urban growth. Relevant sections of this Clause include:

Supply of Urban land

Estimates that there is around 25 years supply of zoned residential land across the municipality.

Amendment C93


Page 13 of 22

Planning for growth areas

Recognises greenfield growth areas are identified in the Warrnambool Strategic Framework Plan.

Reinforces that greenfield growth will provide opportunities to create a variety of lot development

densities to facilitate the development of a variety of housing types.

Recommends structure planning of these areas and the application of appropriate development

controls will ensure that these areas are developed in a sustainable manner.

33. Clause 21.0-2 also includes a number of relevant objectives and strategies as follow:

Objective 1

To direct urban growth to identified growth areas in order to protect productive rural areas

and achieve a more compact sustainable urban area. [Clause 21.05-2]

Strategies

1.1 Ensure that development is located and consolidated within settlement boundaries.

[Warrnambool City-Wide Housing Strategy]

1.2 Support increased residential densities in greenfield growth areas within close proximity to

existing and/or planned transport corridors, activity centres and open space. [Warrnambool City-

Wide Housing Strategy]

1.3 Ensure new residential neighbourhoods provide a mix of housing suited to the needs of a diverse

range of household types.

Objective 2

To ensure that rural living and low density residential development are environmentally sustainable.

[Clause 21.05-2]

Strategies

2.1 Discourage rural living and low-density residential subdivision where it would prejudice long-

term residential development. [Clause 21.05-3]

2.2 Limit rural living development and low-density residential development to existing zoned land in

Bushfield, Woodford and Allansford. [New]

Amendment C93


Page 14 of 22

Objective 3

To manage land use conflicts at the urban / rural interface and development pressures at the edge

of Warrnambool’s settlement boundary. [New]

Strategies

3.1 Ensure agricultural uses in urban / rural interface areas are protected from non-agricultural

uses. [New]

Implementation

The proposed implementation strategy recommends the application of the General Residential zone

to provide a diversity of housing types and the preparation of a structure plan to guide the longterm

development of land East of Aberline Road.

34. Clause 21.07-1 Housing also proposes a similar strategic direction as Clause 21.0-2 by the

promotion of housing and density and diversity for greenfield development site in Warrnambool.

35. Clause 21.10-3 Development infrastructure, Water Supply, sewerage and drainage identifies that:

The settlements of Bushfield and Woodford are not connected to reticulated sewerage services. The

Moyne Warrnambool Rural Housing and Settlement Strategy (2010) recognises that soil within

Bushfield and Woodford have limited capacity to carry much further growth in septic services.

Drainage impediments in Allansford will have an impact on development

Objective

To reduce environment degradation associated with stormwater run-off and effluent disposal.

[New]

Strategies

1.4 Defer growth within Bushfield and Woodford pending resolution of sewerage and effluent

management options. [Moyne Warrnambool Rural Housing Settlement Strategy]

1.5 Ensure further growth within the Allansford township considers the availability of stormwater

drainage infrastructure. [Moyne Warrnambool Rural Housing Settlement Strategy]

Amendment C93


Page 15 of 22

Further strategic work

Undertake a sewerage and effluent management strategy for Bushfield and Woodford, examining

options and making recommendations regarding the most effective and cost beneficial way to

enable growth to occur without environmental degradation. [Moyne Warrnambool Rural Housing

Settlement Strategy]

5.2 PROPOSED AMENDMENT C93 REVIEW AND ASSESSMENT

36. In this section I provide a review and assessment of the proposed planning provisions of

Amendment C93.

37. I consider that Amendment C93 is generally consistent with broad planning policy to facilitate the

development of a variety of lot densities and housing types to meet varying housing needs of the

Warrnambool community which is consistent with Clause 11 and 16 of the SPPF.

38. This direction in my view is appropriate as it will meet the demand for the development of larger

dwellings and the potential need to support student living and the elderly who may seek to

downsize as identified in Clause 21.01-2.

39. However in my view the proposed implementation of this direction is limited by the sole

application of the General Residential Zone.

40. The use of all available residential zones would provide considerable flexibility to facilitate a broad

range of housing types consistent with this policy direction and avoids the application of additional

planning provisions and restrictions to achieve housing diversity via the sole application of the

General Residential Zone.

41. I believe that this issue is particularly relevant in addressing urban-rural and urban-industrial

interfaces where the application of the Low Density Residential Zone would be appropriate.

42. The application of the Low Density Residential Zone provides the flexibility to establish a low

density soft landscaped transition along the urban-agricultural interface consistent with Clause

21.02. This will also assist in maintaining the rural character of Warrnambool and is consistent with

Applying the Residential Zone – Planning Practice Note 78, June 2015 which recommends its use

along the urban-rural fringe.

Amendment C93


Page 16 of 22

43. I note that in proposed Clause 21.02-2 the use of the Low Density Residential Zone is discouraged

where it would prejudice long-term residential development. In my opinion this clause is

inconsistent with Clause 11.02-1, Supply of Urban Land, which seeks to restrict or limit the use of

this zone rather than discourage, which I believe deters or prevents the use of this zone.

44. Also in my view the discouragement of the use of the Low Density Residential Zone is difficult to

justify in this context as I understand that there is approximately 25 years land supply of zoned

general residential land. In addition there is a further 20 years plus land that can be provided in

the greenfield growth areas (Warrnambool City-Wide Housing Strategy).

45. I understand that if inappropriately located the Low Density Residential Zone can impede the

orderly progressive planning and development of conventional residential land. However in my

view this is not an issue if located along the urban fringe of Warrnambool at the urban-rural and

urban-industrial interface where it would provide considerable benefits and is an appropriate

application of this zone.

46. Clause 21.0-2 also seeks to ensure that rural living and low density residential development are

environmentally sustainable which accords with Rural Residential Development – Planning Practice

Note 37, June 2015. I also note that Clause 21.05-3 seeks to limit Low Density Residential

development to land at Bushfield, Woodford and Allansford. However this Clause also raises issues

regarding the capacity of soils at Bushfield and Woodford to carry additional septic systems and

recommends deferment of further growth pending the resolution of sewerage and effluent

management.

47. Also the availability of stormwater infrastructure to facilitate low density residential growth is

raised as a potential issue at Allansford.

48. Thus in my opinion there is considerable doubt whether these locations can facilitate future

environmentally sustainable growth in accordance with Clause 21.02-2.

5.2.1 CONSIDERATION OF THE PROPOSED INTRODUCTION OF THE LOW DENSITY RESIDENTIAL ZONE

49. In this Section I consider whether the Low Density Residential Zone can be introduced outside of a

broader structure plan process.

50. In determining whether this would be appropriate I believe the key issues for consideration are:

• Are there any current policies that specifically inhibit stand alone rezoning applications?

Amendment C93


Page 17 of 22

• Would the low density rezoning, subdivision and development of this land impede the future

development of surrounding land?

• Would the low density rezoning, subdivision and development limit opportunities to provide

community and recreational facilities should they be required?

• Would the low density rezoning, subdivision and development of the eastern boundary of

Warrnambool create an undesirable residential outcome?

• Why rezone this land now?

Are there any current policies that specifically inhibit stand alone rezoning applications?

51. Clause 11.02-3, Structure Planning, seeks to ensure effective planning and management of the land

use and development of an area through the preparation of strategic plans, statutory plans,

development and conservation plans, development contribution plans and other relevant plans.

52. This clause promotes the use of a suite of plan types that can be used to ensure the effective

planning and management of land and is not limited to the use of structure plans.

53. Stand-alone rezoning could involve the use of an Outline Development Plan or Development Plan

with a schedule to guide the future development of the land. It could also take the form of a

combined zoning and subdivision application with agreed restrictions on title to guide the overall

development, seek open space and development contributions, if applicable.

54. Applying the Residential Zone – Planning Practice Note 78, June 2015 identifies that the application

of this zone does not require a Structure Plan or Design Framework Plan.

55. In my opinion I consider there to be a number of planning options to support a stand-alone

rezoning applications to deliver appropriate and timely planning and development outcomes.

Would the low density rezoning, subdivision and development of this land impede the future

development of surrounding land?

56. Another key issue to consider is the potential impact of a stand-alone rezoning and subdivision on

the orderly planning and development of the adjoining vacant land in an integrated matter.

57. The concept plan submitted to Council, see below at Figure 5, shows an overall integrated road

network covering the subject land and land to the west. It illustrates connectivity in terms of

vehicle and pedestrian access. It also illustrates the establishment of the creek reserve as a

contiguous linked open space feature and provides locations where open space reserves may be

located.

Amendment C93


Page 18 of 22

58. The concept plan also includes integration features along the eastern boundary adjoining Horne

Road and adjacent to the business park, including a landscape reserve along the Horne Road

interface, lots with internal access points only and a limited number of road connections to Horne

and Wangoom Roads. I believe that the concept plan would benefit with the addition of a broader

reserve or link along the western boundary to provide a biodiversity corridor connected to the

Russells Creek Reserve in accordance with the Warrnambool Open Space Strategy, 2015, page 34.

59. I am satisfied that this type of stand-alone plan demonstrates that orderly development and

integration of adjoining land can be achieved without detriment to long term development

potential.

Figure 5 – Concept Overall Development Plan

Amendment C93


Page 19 of 22

Would the low density rezoning, subdivision and development limit opportunities to provide

community and recreational facilities should they be required?

60. In my opinion I do not believe that the rezoning and subdivision of the subject land will impair the

future requirement and siting of community and commercial facilities needed to service the

broader urban growth area.

61. These facilities are usually sited centrally to provide easy access to all residents thus it is not ideal

to site these facilities on the eastern edge of the settlement boundary. Also I note that the

commercial facilities of the Gateway Plaza and the commercial and community facilities of central

Warrnambool are only a short distance away and can service this area.

Would the low density rezoning, subdivision and development of the eastern boundary of

Warrnambool create an undesirable residential outcome?

62. In my opinion I do not believe that the future residents of this land will be anyway disadvantaged

by residing in this location prior to the development of urban land adjoining to the west. The land

can be appropriately serviced, has good access to the road network, and is only a very short

distance from all the amenities of the Gateway Plaza and Central Warrnambool.

63. Also the proposed subdivision concept includes open space reserves, including a reserve

surrounding Russells Creeks, to provide both positive environmental and recreational

opportunities.

64. Also importantly low density residential subdivisions generally provide a higher residential amenity

as compared to conventional residential development due to the ample lot sizes, larger areas for

private open space, generous setbacks and landscaping. Thus these subdivisions are less reliant on

public features and reserves to contribute the subdivisions attraction and amenity for residents.

Why rezone this land now?

65. As previously discussed, Council has indicated that there is currently approximately 25 years of

zoned residential land supply, therefore is it appropriate to consider the need for an out-of-

sequence rezoning? Given there is over 25 years of residential land supply, Council is unlikely to

commence a structure plan process for many years. Thus, in the absence of any other strategic

planning work, the land will remain in its current form.

66. Rodgers Properties, who I understand to be one of the largest land development groups in this

region, has approached Council to rezone this land as they believe that there is significant market

demand for serviced low density residential land close to Warrnambool.

Amendment C93


Page 20 of 22

67. Whilst the development of this land will be considered in a future structure plan, given there is no

imperative to commence this process, a stand-alone rezoning would be an appropriate initiative to

meet existing market demands.

68. I am also of the opinion the rezoning of this land now to the Low Density Residential Zone would

provide considerable benefits including:

• The establishment of a high amenity low density boundary along the eastern entrance to

Warrnambool.

• The provision of a defined boundary to provide clear land use direction to guide future land

use expectations which provides a greater degree of certainty for future investors and

developers particularly in the adjacent business park.

• The establishment of a biodiversity/open space corridor along Russells Creek and along the

western boundary of the subject land.

• Early establishment and management of the urban-rural and urban-industrial interface.

• The provision of serviced high amenity lots to meet the current demands given there a

significant environmental issues regarding other candidate areas for low density residential

development.

5.2.2 THE BENEFITS OF INTRODUCING LOW DENSITY RESIDENTIAL ZONE LAND AT THIS LOCATION

69. The proposed rezoning site is located on the eastern boundary of the long term growth corridor

boundary, adjacent to the Gateway Business Park and rural land to the east.

70. In my view the establishment of low density residential development along the eastern boundary

of the Warrnambool settlement boundary is an appropriate location to apply this zone in order to

create a low density soft transitional buffer adjacent to the Gateway Business Park and farming

land to the east.

71. The application of this zone along this boundary accords with the Practice Note Applying the

Residential Zone – Planning Practice Note 78, June 2015 which recommends the introduction of

this zone on the fringe of urban areas. This is particularly important as this land is located at the

interface with industrial and farming zone land.

Amendment C93


Page 21 of 22

72. This will enable the establishment of a low density landscaped character in keeping with the rural

values of Warrnambool and thus provide an attractive eastern entrance to Warrnambool and the

adjacent Business Park.

73. It will also provide a managed interface to reduce the impacts of residential development on

industrial use to the east. This has been a significant issue involving industrial development and

residential impacts on the West Warrnambool Industrial Precinct that threaten to jeopardise major

industrial investment in Warrnambool.

74. Thus the early application of this zone along this location will prevent the potential future intrusion

of higher density residential zones near the Business Park.

75. In my opinion the introduction of low density residential land at the location will also have

considerable environmental benefits. The subject land is currently predominantly cleared farming

land with no discernable environmental attributes. This includes Russells Creek which is a

degraded waterway.

76. In the event that this land was rezoned and subdivided it would be appropriate for Russells Creek

and its immediate surrounds to be reinstated as a landscaped open space reserve that will function

both as an opportunity for passive recreation and to establish native habitat to encourage the

reintroduction of native fauna.

77. Low density residential development particularly if connected to reticulated sewerage, is likely to

have less impact on the water quantity and quality entering the Russells Creek catchment as

compared to higher density residential development.

78. In addition, I anticipate that the establishment of low density residential land itself will improve the

environmental outcomes of this land by the planting of trees and shrubs that can form habitat for

native animals, particularly native birds.

79. The introduction of the Low Density Residential Zone at this location will enable the development

of a serviced low density subdivision within close distance to the community and commercial

facilities of Warrnambool.

80. The creation of low density lots will meet market demand for larger lots to facilitate the

development of larger dwellings and sheds and considerable areas of private open space which is

not available in a conventional residential setting.

81. This type of subdivision is likely to attract a variety of residents including large families and those

people who wish to reside in a semi-rural setting without impacting on the farming zone. This

includes retired farmers who cannot reside on small lots within the farming zone and who find

retirement in a conventional residential setting as undesirable.

Amendment C93


Page 22 of 22

82. This type of zone also assists Council to preserve the integrity of the Farming Zone by providing an

appropriate zone for those residents who propose to reside in a more rural type area.

6.0 CONCLUSION

83. In conclusion, I consider Amendment C93 as it relates to the provision of encouraging diverse

housing and lot density opportunities, to be flawed as it relies solely on the General Residential

Zone to achieve this aim.

84. I consider that the discouragement of the Low Density Residential Zone is not warranted as it can

facilitate the establishment of a variety of lot sizes, provide positive environmental outcomes and

importantly assist with the maintenance of Warrnambool’s rural character. Also given that there is

over 40 years land supply of urban land, I do not believe that the rezoning of land on this boundary

will have detrimental impact on future long-term supply.

85. I contend that the establishment of the Low Density Residential Zone along the eastern boundary

of the long term growth corridor of Warrnambool is an ideal location to apply this zone to establish

a soft low destiny buffer adjacent to the Gateway Business Park and rural land. The establishment

of this zone will ultimately prevent the intrusion of higher density developments in the future along

this sensitive interface and provide an attractive landscaped gateway to eastern Warrnambool.

86. I am also satisfied that a stand-alone rezoning of the subject land can be undertaken without

detriment to the long-term develop ability of surrounding land and without the need for a

structure plan.

……………………………………………………………..

Chris MarshallGroup Manager – Town Planning

TGM Group Pty Ltd

ATTACHMENT A

Qualifications and Experience

STATEMENT OF QUALIFICATIONS AND EXPERTISE

Name and Address

Chris Marshall

TGM Group Pty Ltd

Level 1, 27 – 31 Myers Street

Geelong VIC 3220

Qualifications

Bachelor of Education (Environmental Science)

Member – VPELA

Areas of Expertise

I have practiced in the fields of strategic and statutory planning since 1990.

My experience includes working as a Senior Planning Officer for the State Government for fourteen (14)

years which involved the consideration of statutory and strategic planning applications as well as public

land planning and coastal land use planning and development applications.

Other relevant experience includes Manager of Planning for the Colac Otway Shire for three (3) years

which involved managing and resolving a complex array of statutory planning applications and planning

scheme amendments in the Colac Otway Shire.

Over the past nine (9) years I have also managed the Strategic and Statutory Planning Department for

TGM Group Pty Ltd, in Geelong where I have undertaken a broad range of strategic and statutory

planning projects mostly involving land subdivision and development.

Investigations and Research

In preparing this evidence I have inspected the site and reviewed the following reports

Warrnambool Planning Scheme

Planning Scheme Amendment C93

Rural Residential Development Planning Practice Note 37 June 2015

Applying the Residential Zones Planning Practice Note 78 June 2015

Warrnambool City Health and Wellbeing Plan 2013-17 July 2013

Warrnambool City-Wide Housing Strategy 2013

Warrnambool Planning Scheme Rewrite Project Final Report January 2015

Warrnambool Residential Land Supply Report 2015

Warrnambool Open Space Strategy 2014

Instructions

I have been requested to provide town planning evidence specifically in response to:

The proposed changes and additions of Amendment C93 relating to the use and development of

the Low Density Residential Zone.

The appropriateness of rezoning land on the eastern edge of urban settlement boundary of

Warrnambool to establish a low density residential zone buffer as a stand-alone rezoning

amendment.

The benefits of introducing Low Density Residential Zone land at this location.

Declaration

I have made all the inquiries that I believe are desirable and appropriate and that no matters of

significance which I regard as relevant have to my knowledge been withheld from the Panel.

Documents

AMENDMENT C93 WARRNAMBOOL PLANNING SCHEME · PDF fileAMENDMENT C93 WARRNAMBOOL PLANNING SCHEME TOWN PLANNING EVIDENCE PREPARED BY MR CHRIS MARSHALL March, 2016 ... evidence in regard