Application for a Planning Permit - Shire of Hepburn · the purpose of enabling consideration and review as part of a planning process under the Planning and Environment Act 1987

Office Use Only

Application No.: Date Lodged: / /

Application for a Planning PermitIf you need help to complete this form, read MORE INFORMATION at the end of this form.

Any material submitted with this application, including plans and personal information, will be madeavailable for public viewing, including electronically, and copies may be made for interested parties forthe purpose of enabling consideration and review as part of a planning process under the Planningand Environment Act 1987. If you have any questions, please contact Council’s planning department.

Questions marked with an asterisk (*) must be completed.

If the space provided on the form is insufficient, attach a separate sheet.

Click for further information.i

Formal Land Description *Complete either A or B.

This information can be �� of title.

If this application relates to more than one address, attach a separate sheet setting out any additional property details.

The Land i

Address of the land. Complete the Street Address and one of the Formal Land Descriptions.

Postcode:Suburb/Locality:

Street Address *St. No.:Unit No.: St. Name:

Lot No.: No.:A

OR

B Crown Allotment No.: Section No.:

Parish/Township Name:

Lodged Plan Title Plan Plan of Subdivision

Application for a Planning Permit | Regional Council Page 1

For what use, development or other matter do you require a permit? *

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The ProposalYou must give full details of your proposal and attach the information required to assess the application. ��

Provide additional information about the proposal, including: plans and elevations; any information required by the planning scheme, requested by Council or outlined in a Council planning permit checklist; and if required, a description of the likely effect of the proposal.

Estimated cost of any development for which the permit is required *

iCost $ You may be required to verify this estimate.

Insert ‘0’ if no development is proposed.

Planning EnquiriesPhone: (03) 5348 1577 Web: www.hepburnshire.vic.gov.au

SHIRE COUNCIL

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31 Elizabeth Road

Creswick 3363

9 & S2 536573L

Seventeen (17) lot residential subdivision, Removal of fifty-two (52) exotic trees (Pinus Radiata), Removal of ten (10) native trees (various), End section 173 agreement on title (remove Covenant AJ221620L)

N/A

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Title Information i

Encumbrances on title *

Provide a full, current copy of the title for each individual parcel of land forming the subject site. The title includes: the covering ‘register search statement’, the title diagram and the associated title documents, known as ‘instruments’, for example, restrictive covenants.

Does the proposal breach, in any way, an encumbrance on title such as a restrictrive covenant, section 173 agreement or other obligation such as an easement or building envelope?

Yes (If ‘yes’ contact Council for advice on how to proceed before continuing with this application.)

No

Not applicable (no such encumbrance applies).


Applicant and Owner DetailsProvide details of the applicant and the owner of the land.

Applicant *

The person who wants the permit.

Organisation (if applicable):Postal Address: If it is a P.O. Box, enter the details here:

Title: First Name: Surname:

Postcode:State:Suburb/Locality:

St. No.:Unit No.: St. Name:

Name:

Contact person’s details* Same as applicant

Organisation (if applicable):

Where the preferred contact person for the application is different from the applicant, provide the details of that person.



Name:


Contact information for applicant OR contact person below

Business phone:

Mobile phone:

Email:

Fax:

Please provide at least one contact phone number *

Owner *

The person or organisation who owns the land

Where the owner is different from the applicant, provide the details of that person or organisation.

Organisation (if applicable):

Owner’s Signature (Optional): Date: day / month / year



Same as applicantName:


Postal Address: If it is a P.O. Box, enter the details here:

Postal Address: If it is a P.O. Box, enter the details here:

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Describe how the land is used and developed now *For example, vacant, three dwellings, medical centre with two practitioners, licensed restaurant with 80 seats, grazing.

Existing Conditions i

Provide a plan of the existing conditions. Photos are also helpful.

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Vacant residential land

Griffin Land Developments Pty Ltd

38 Anne Court

Smythesdale Vic 3351

Mr James Robson

EDQ Town Planning

PO Box 7

Ballan VIC 3342

Griffin Land Developments Pty Ltd

38 Anne Court

Smythesdale VIC 3351

PLANNIN

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Remember it is against the law to provide false or misleading information, which could result in a �� of the permit.

I declare that I am the applicant; and that all the information in this application is true and ��permit application.

Signature: Date: day / month / year

Declaration i

This form must be signed by the applicant *


Checklist i

Have you:

Filled in the form completely?

Paid or included the application fee?

Provided all necessary supporting information and documents?

A full, current copy of title information for each individual parcel of land forming the subject site.

A plan of existing conditions.

Plans showing the layout and details of the proposal.

Any information required by the planning scheme, requested by council or outlined in a council planning permit checklist.

If required, a description of the likely ef��

Completed the relevant council planning permit checklist?

Signed the declaration above?

Most applications require a fee to be paid. Contact Council to determine the appropriate fee.

LodgementLodge the completed and signed form, the fee and all documents with:

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Need help with the Application? General information about the planning process is available at planning.vic.gov.au

Contact Council’��his application and obtain a planning permit checklist. ��

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Has there been a pre-application meeting with a council planning officer?

No Yes If ‘Yes’, with whom?:

Date: day / month / year

Deliver application in person, by post or by electronic lodgement.

Planning DepartmentHepburn Shire Council PO Box 21 Daylesford VIC 3460

Customer Service Centre Cnr Duke & Albert Streets Daylesford VIC 3460

Contact information:Phone: (03) 5348 1577 Email: [email protected]

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22/3/2019

Jeff White

4th March 2019

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l:l) r;J TOWN PLANNING

EDO Town Planning Pty Ltd

PO Box 7, Ballan, Vic, 3342

Phone: (03) 4344 4450

Email: [email protected]

Town Planning Report 17-LOT RESIDENTIAL SUBDIVISION; 31 ELIZABETH ROAD, CRESWICK

EDQ Town Planning I March 2019

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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 11 ~ TOWN PLANNING

Table of Contents Table of Figures ................ ......................................................... ........................................................ .... 2

1 Version Control. ............................................................ ...... ............................................................. 3

2 Project Outline: ..................................................................................... ........................................... 4

3 Supporting Documents .................................................................... ..... .......... .. ......... ... ................. .. 5

4 Introduction ..................... ........................................................................... ....... ......... ........ ............. 6

5 Background & Site Context .............................. ........... ..................................................................... 8

6 Proposal .......... ........... ................... ................................................................................................ 12

Subdivision ........ ... ... .. .................. .... ......... .... ................................................ .................................... 12

Tree removal ................................................................... .......... .. ..................................................... 13

7 Permit Triggers ................................................. .. ... ........................................................................ 15

8 Planning Policy Context... ............................. ................................. ........................ ........................ 16

8.1 Planning Policy Framework ...................................................................................................... 16

Clause 11; Settlement .... ...................... ..... ....... ....... .. ..... .. ............................................................. 16

Clause 13. 02 Bushfire ........... .. ...................................................................................................... 18

Clause 16; Housing ..... ...... ............ ................... ................... .......................................................... 19

Assessment. .............................................. ............................. ............ ..... ............................. ...... ... 21

8.2 Local Planning Policy Framework .... ............ .................................... ......................................... 22

Clause 21.5; Settlement and Housing ........................................................................................... 22

Assessment. .................................................................................................................................. 22

8.3 Zones ........................................................ .... ..... ..................... .......... ....................................... 23

Assessment ...... ........ .. ................................................................................................................... 24

8.4 Overlays ................ ...... .................................................. .. .............................. .... .. ..................... 25

Clause 42.01 - Environmental Significance Overlay (ESO1) ........ ........ ......................................... 25

Assessment. .. ................. .................................. ................................ .................. ... ... .... .. ............... 26

Clause 44.06- Bushfire Management Overlay (BMO1} ...................... ..... ..................................... 27

Assessment ................................................................................................................................... 27

9 Particular/General Provisions ............................................................................................... .. ....... 28

Clause 52.06 - Car Parking .................................................. ............................................................ 28

Requirements ................................................................................................................................ 28

Assessment .... .. ............... ...... ........................................ ...................... .......................................... 28

Clause 52.17 - Native Vegetation .......................................................................... ..... ............ ......... 28

Assessment. ....................................................................................................... ..................... ...... 29

EDQ File Reference: 8861282 PAGE 1

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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision l: l) r;J TOWN PLANNING

Clause 53.01 - Public Open Space Contribution and Subdivision .................................................... 29

Clause 53.02 - Bushfire Planning ..................................................................................................... 29

Assessment .......... ......................................................................................................................... 30

Clause 56 - Site & Context Description and Subdivision Design Response ..................................... 31

Clause 65.02 - Decision Guidelines for Land Subdivision ............................. ................................... 46

10 Conclusion .................................................................................................................................. 48

Appendix A - Title Documents ........................................................................................ ....... .. ............ 49

Appendix B - Aerial Photograph .......................................................................................................... 50

Appendix C-VicPlan A4 Map ............................................................................................................. 51

Appendix D - Proposed Plan of Subdivision ........................................................................................ 52

Appendix E - Vic Plan A4 Zones ............................................. ............................................................. 53

Appendix F - Vic Plan A4 Overlays ...................................................................................................... 54

Appendix G - Central Highlands Water Assets .................................................................................... 55

Appendix H - Site Plans prepared by LMS ..................................................................... ... .... .............. 57

Appendix I - Arborist Report ................................................................................................................ 58

Appendix J - Bushfire Management Report .. ............. .. ..... ......... .. ..................................... .. ................. 59

Appendix K - Tree Removal Offset Report .......................................................................................... 60

Appendix L - Example 5-Unit Development.. .... .. ................................................................. ................ 61

Table of Figures Figure 1 - Location of 31 Elizabeth Road Creswick ............................................................................ 8 Figure 2 - View of Elizabeth Road from Property ... ............................................................................ 9 Figure 3 - Looking North ...................................................................................................................... 9 Figure 4 - Looking South .................................................................................................................... 10 Figure 5 - Looking East .................................................... ................... ............................................... 1 O Figure 6 - Looking West ..................................................................................................................... 11 Figure 7 - Aerial photograph of site ................................................................................................... 11

Figure 8 - Proposed Subdivision Plans ...................................................................... ....................... 12 Figure 9 - Tree Plan ........................................................................................................................... 14 Figure 10 - Zoning of Subject Site ..................................................................................................... 23 Figure 11 - Overlays on Subject Site ................................................................................................. 25

EDQ File Reference: 8861282 PAGE2

PLANNIN

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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision

1 Version Control

Version Date Number

1 14th

March 2019

2 15th

March 2019

3 20th

March 2019

Disclaimer:

Details of version and changes

Initial report/First Draft for client review

Second draft with nominal minor amendments requested by Mike Griffin Final report approved by Mike Griffin

Author

James Robson

James Robson

James Robson

1:1 r,J TOWN PLANNING

EDQ Town Planning have taken all professional care to ensure that this report is current at the time of writing. The information contained in this document is solely for the use of the person or organisation for which it has been prepared. EDQ Town Planning, their representatives, employees, contractors or connected persons are in no way liable for any errors within, or for any loss or damage resulting from reliance placed upon this reports contents.

© EDQ Town Planning Pty Ltd -All rights reserved.

No information, section or element of this document may be removed, reproduced, electronically stored or transmitted in any form without the written permission of EDQ Town Planning.


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision l. l) r;J TOWN PLANNING

2 Project Outline:

Site: Address: Property Description: Title Restrictions: Property Size:

LGA: Current Use: Property Owners:

Plannin Scheme: Relevant Planning Scheme: Property Zone: Property Overlays:

Particular Provisions:

A /ication Overview: Client:

Proposal:

File Reference: Responsible Consultant: Phone: Email:

31 Elizabeth Road, Creswick Lots 9 and S2 on Plan of Subdivision 536573 Title Instrument AJ221620L (Section 173 Agreement) Lot S2; 1.641 ha Lot 9; 895m2

Hepburn Shire Council Vacant land Griffin Land Developments Pty Ltd of 38 Anne Court, Smythes Creek, 3351

Hepburn

General Residential Zone (GRZ, Schedule 1) Bushfire Management Overlay (BMO, Schedule 1) Environmental Significance Overlay (ESO, Schedule 1) 52.06 - Car Parking 52.17 - Native Vegetation 53.01 - Public Open Space Contribution and Subdivision 53.02 - Bushfire Planning 56 - Residential subdivision 65.02 - Decision guidelines (residential subdivisions)

Griffin Land Developments Pty Ltd C/o- EDQ Town Planning, PO Box 7, Ballan, VIC, 3342 Seventeen (17) lot residential subdivision, Removal offifty-two (52) exotic trees (Pinus Radiata), Removal of ten (10) native trees (various), End section 173 agreement on title 8861282 James Robson & Robert Eskdale (03) 4344 4450 [email protected]


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision I I r;J TOWN PLANNING

3 Supporting Documents The following supporting documents form part of this report:

1. Appendix A: Copy of Existing Title & Register Search, and existing section 173 agreement

2. Appendix B: Aerial Photograph showing the extent of abutting development and site context

3. Appendix C: VicPlan Landscape Map View

4. Appendix D: Plan of proposed subdivision concept plan prepared by Land Management

Surveys

5. Appendix E: VicPlan Landscape Zones View

6. Appendix F: VicPlan Landscape Overlays View

7. Appendix G: Central Highlands Water assets maps

8. Appendix H: Site plans prepared by Land Management Surveys

9. Appendix I: Preliminary Arboricultural Assessment and Report prepared by Patrick Arnts

('Paddy the Tree Fella')

10. Appendix J: Bushfire Management Statement prepared by Sam Thompson (Regional Planning

and Design)

11. Appendix K: Tree Removal Offset Report prepared by Central Highlands Environmental

Consultancy

12. Appendix L: Example 5-Unit development for proposed lot 25 prepared by Red Line Plans

Victoria

EDQ File Reference: 8861282 PAGES

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4 Introduction. This report has been prepared by EDQ Town Planning on behalf of Griffin Land Development Pty Ltd in support of a planning permit application for the proposed residential development at 31 Elizabeth Road, Creswick. The property subject to this report is a currently vacant land parcel contained within the settlement boundaries of the Creswick Township and contained within the surrounding General Residential Zone. Planning permission is sought from the responsible authority, the Hepburn Shire Council, to allow for a 17-lot residential subdivision, along with the removal of a number of native and exotic trees. The overall development proposal includes a single large lot (proposed lot number 25) which has been set aside for a future 5-unit development. At the advice of Council planners at a pre application meeting, the 5-unit development has been excluded from the initial proposal but will be the subject of a future planning permit application. The proposal also requires that the existing section 173 agreement on title be ended. EDQ Town Planning has been engaged by the applicant to prepare an appropriately detailed assessment of the proposal in accordance with the requirements of the Hepburn Planning Scheme.

Specific planning approval is sought for;

1. 17 -lot residential subdivision; and 2. Removal of fifty-two (52) exotic trees (Pin us Radiata); and 3. Removal of ten (10) native trees (various) 4. End the existing section 173 agreement on title

The site was subject to a previous planning permit for a similar subdivision proposal issued in 2006 (amended later). The proposed subdivision provides for a significantly similar proposal, with the subdivision layout remaining largely unchanged from that original proposal. The purpose of this report is to provide:

• An assessment of the proposal against the requirements of the Planning and Environment Act 1987

• An appropriately detailed site context description in response to Clause 56.01 of the Hepburn Planning Scheme.

• An assessment of the proposal against the relevant policies within the Hepburn Planning Scheme. • An assessment of the proposed subdivision against the decision guidelines of Clause 56 of the

Hepburn Planning Scheme (Residential Subdivision). • An assessment of the proposal against the decision guidelines of Clause 65 of the Hepburn

Planning Scheme. • An assessment of the proposal against the decision guidelines of the Guidelines for the removal,

destruction or lopping of native vegetation (Department of Environment, Land, Water and Planning, 2017)

A pre-application meeting was held with officers of the Hepburn Shire Council on 4th March 2019 at the Daylesford Council Office where a range of issues associated with the proposal were discussed. It was agreed during that pre-application meeting that the preferred approach to the existing section 173 agreement on title be ended, as opposed to amended. This approach was preferred as Council's position is that building envelopes on the separate lots were unnecessary. A 'building exclusion area' was also discussed at the rear of proposed lots 18, 19 and 20 as a result of the bushfire management overlay to ensure future dwelling developments on site remained outside the higher bushfire risk areas. This


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 1=1) c-;J TOWN PLANNING

proposed inclusion has been noted on the proposed subdivision plans. The proposal has been discussed with the Country Fire Authority (CFA) via Sam Thompson (Regional Planning and Design Pty ltd), with no issues raised at this early stage.

An additional 5-unit development was also included within the original proposal taken to the pre application meeting; As a result of discussions at that meeting, it was agreed to remove this part of the proposal within the initial planning permit application. This 5-unit development will be the subject of a future application once clear titles have been obtained for the proposed residential subdivision.

Additional discussions surrounding the overall subdivision layout, including lot shapes and potential roadway access through to Ellis Road, were also discussed at the pre-application. Some minor amendments to lot sizes and shapes have been made as a result, however through road access through to Ellis Road has been discounted as an option.

Having considered a range of issues associated with the proposal, site locality, local planning policy context and issues discussed at the 7th March pre-application meeting, it is our submission that the proposal is appropriate on the subject site taking into account an extensive review of the site and its surrounding context as detailed within this submission. It is our conclusion that Council should support the proposal and grant a planning permit as outlined for the proposed development as the proposal is generally consistent with the intent of the planning policies in place governing the site.


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5 Background & Site Context This planning report relates to a proposed 17-lot residential subdivision and tree removal at 31 Elizabeth Road, Creswick (Fig. 1 ). The lot is made up of two separate lots known as Lots S2 and 9 on Plan of Subdivision 536573L. The irregular shaped lots have a combined area of 17,305m2 with an approximately 40m wide street frontage facing Elizabeth Road to the east, an approximately 185m street frontage facing Elizabeth Road to the south, an approximately 91m street frontage to the unmade Ellis Road to the west and an approximately 42.5m street frontage to Charles Street to the north. The remainder of the property boundaries front neighbouring residential properties. The lot is approximately 232m wide at its widest point and approximately 1 00m deep at its deepest point. The topography of the land is considered to be relatively flat but sloping slightly to the south west (2-degree downward slope), with the surrounding land undulating consistent with the surrounding township. The site is located in close proximity to the central Creswick Township and its associated amenities including schools, public parks, shops and other general amenities. The site is approximately 1.3km west of central Creswick Township and 16km north east of the regional centre of Ballarat. There are areas of grassland and woodland to the north west and forest to the north east and south west beyond surrounding residential properties. The surrounding neighbourhood is predominantly residential in land use, with properties largely consisting of both single and double-storey dwellings reflective of the regional township. There is a mixture of housing types, lot sizes and dwelling setbacks from the street frontages within the surrounding neighbourhood. All required utility service connections are already in existence at the property, with town water, power, sewerage, gas and telephone/internet readily accessible to the site. The site is currently vacant land, with some existing vegetation (refer arborist report for additional information). The site has access from Elizabeth Road on the eastern boundary. A copy of the title associated with the subject property is attached as Appendix A. An aerial photograph showing the location and context of the subject lot is attached as Appendix B.

PlannlnQ Map

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Figure 1 - Location of 31 Elizabeth Road Creswick

EDQ File Reference: 8861282

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Figure 2 - View of Elizabeth Road from Property

Interfaces:

The sites immediate surroundings can be described as follows:

1:1 ~ TOWN PLANNING

North; North of the subject site is largely urbanised, with a single lifestyle type property on the north western boundary and urban residential properties to the north east.

Figure 3 - Looking North


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South; South of the site provides a range of lower density urbanised residential areas with a range of property types and sizes present.

Figure 4 - Looking South

East; East of the site is a largely urbanised residential area with properties at higher densities than to the south. Doug Dean Reserve is located further east beyond these residential properties:

Figure 5 - Looking East


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West; Remnant forest is located to the west of the subject site which is further discussed within the attached Bushfire Management Statement:

Figure 6 - Looking West

Figure 7 - Aerial photograph of site


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6 Proposal

SUBDIVISION

It is proposed to remove a number of existing trees on the site and develop the subject land into 17 separate lots, ranging in size from 469m2 to 1719m2

• The development will include a single large lot (Lot number 25 on the attached proposed subdivision plans) which will allow for a future/potential 5-unit development (this will be subject to a separate permit application at an appropriate time). A potential site context plan for this lot, inclusive of floor plans for 5 well-proportioned units, has been provided as part of the overall submission to assist in justifying the inclusion of the large lot 25. The proposed subdivision will provide a range of lot sizes, allowing for a wide variety of housing options, which is similar in nature to the previously approved subdivision proposal. The development takes advantage of the sites unique shape with well-designed and sited lots across the site.

The development comprises of a range of lot sizes, with 3 larger lots to the west (Lots 18, 19 and 20) responding to the bushland setting of the site while transitioning to the more urbanised environment to the west and south. All lots within the development have been designed to provide open and accessible street frontages, with adequate building envelopes. This subdivision design provides for an individualised design response to the site and its unique shape while providing an overall integrated development response for the subject land.

,

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Figure 8 - Proposed Subdivision Plans


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 1=-1 r,J TOWN PLANNING

TREE REMOVAL

The subject land comprises of 69 trees of which seven are proposed to be retained. An appropriately detailed arboriculture report has been prepared by Patrick Arnts ('Paddy the Tree Fella') which concluded that of the site trees observed (69 trees in total including groups), the majority (52) were found to be exotic species {Pinus radiata) and were of no amenity value. The majority of these were emergent from previous trees or likely to have been spread from a close by plantation. In many areas these trees have become weedy in nature and are actively removed. The 17 remaining native trees vary in age from juvenile to over mature, varying greatly in vigor and structure. The report provides the following recommendations:

1. It is the writer's opinion that all trees identified as being exotic be removed given that all are predominantly juvenile and offer no real amenity to the landscape going forward.

2. Trees 1, 3 and 14 have been assessed as being high risk in terms of failure given the identified and untreatable defects and issues and should be removed at the earliest opportunity.

3. Tree 2 is a poorly formed juvenile Eucalypt that is existing on compacted ground. It has very little amenity value and future growth will be problematic. The writer encourages the removal and off set replanting.

4. Tree 4 is worthy of retention in the landscape, however removal of the co-dominant bark inclusion must be undertaken by a suitably qualified person to ensure the longevity of the tree.

5. Tree 11 has a serious effect high in the stem which is currently occluding. The writer has identified tree 11 as Eucalyptus globulus ssp globulus or Tasmanian blue gum. Blue gums a generally very poor compartmentalisers and are prone to fungal infestations, in particular Phellinus robusta. It is the writer's opinion that the long-term prognosis for tree 11 is not good given the location of the wound and the high likelihood of infestation and eventual failure. The writer is of the opinion that tree 11 should be removed to allow Trees 10 and 12 to grow on as they are currently heavily suppressed by tree 11.

6. Trees 15, 16 and 19 are multi-stemmed terribly formed trees likely from coppiced regrowth. They are no long term and have no amenity value. The writer is of the opinion that they should be removed.

7. Tree 18 is a co dominant, bark included juvenile tree of little amenity value. The writer is of the opinion it should be removed.

8. Tree 21 has suffered a large failure of a scaffold branch and evidence of bark inclusions throughout the stem are apparent. The writer is of the opinion that pruning of the tree should take place prior to a final decision being made about retention or not.

Additionally, Mr Arnst also indicates that where removal of native trees occurs, he recommends replacement at a ratio of 1 to 5 and encourages the planting of koala useful trees as identified by the koala foundation for this area being E. goniocalyx, E. melliodora, E. paucif/ora ssp. pauciflora, E. viminalis ssp. cygnetensis and E. viminalis ssp. viminalis.

An offset strategy has been prepared as part of this application process by Central Highlands Environmental Consultancy in order to meet DELWP requirements for the offset of trees removed as part of the proposed subdivision. The following plan (figure 9) shows the above-mentioned trees and numbers and their respective locations on the site.


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 1·1 ~ TOWN PLANNING

Figure 9 - Tree Plan


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision I I ~ 7 Permit Triggers

Planning p rov1sIon

General Residential

Zone

Environmental Significance

Overlay

Bushfire Management

Overlay

Clause 52. 17 -Native

Vegetation

Permit T' naaer

Subdivision

Subdivision

Remove, destroy or lop vegetation

Subdivision

Remove, destroy or lop vegetation


TOWN PLANNING

Permit Comment ? Required.

Yes Where a vacant lot less than 400m2 is created, as well as a lot of between 400 and 500m2, each lot must contain at least 25% of the lot as garden area. Lots of between 500 and 650m2 require at least 30% of the lot as garden area. Lots above 650m2 require at least 35% of the lot as garden area. The proposed subdivision subject to this report provides for lots ranging in size from 469m2 and 1719m2

•

A seventeen-Lot subdivision must comply with all clause 56 objectives and standards except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3. An application to subdivide must include a site and context description and design response to these clauses (see section 9 of this report).

Yes A permit is required to subdivide land. This does not apply if a schedule to this overlay specifically states that a permit is not required. The overlay in this instance does not exempt this requirement.

Yes A permit is required to remove, destroy or lop any vegetation, including dead vegetation.

Yes A permit is required to subdivide land.

Yes A permit is required to remove, destroy or lop any vegetation, including dead vegetation.

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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 1:1 ~ TOWN PLANNING

8 Planning Policy Context. The application should be considered against relevant policies contained within the Hepburn Planning Scheme. This scheme is made up of 6 key sections which require consideration:

1. Planning Policy Framework (PPF); 2. Local Planning Policy Framework (LPPF); 3. Zones; 4. Overlays; 5. Particular Provisions; and 6. General Provisions.

Throughout these key sections, there are a range of strategic policies and directions that are relevant to this proposal. The specific policies throughout the first 4 sections (PPF, LPPF, Zone and Overlays) are detailed below with an assessment of the proposal against each policy provided. The policies within the final two sections, the Particular and General provisions, are outlined in section 9 of this report.

8 1 PLANNING POLICY FRAMEWORK

Clause 11 ; Settlement

Planning is 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 recognise the need for, and as far as practicable contribute towards:

• Health, wellbeing and safety. • Diversity of choice. • Adaptation in response to changing technology.

• Economic viability. • A high standard of urban design and amenity. • Energy efficiency. • Prevention of pollution to land, water and air. • Protection of environmentally sensitive areas and natural resources. • Accessibility. • Land use and transport integration.

Planning is to prevent environmental and amenity 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, utility, social, community and commercial infrastructure and services.

Clause 11.01 - Victoria

11.01-1s; Settlement

Objective: To promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements.

Strategies met by this proposal in relation to this objective are as follows:

EDQ File Reference: B861282 PAGE16

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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 1:1 r,J TOWN PLANNING

Strategies: Ensure regions and their settlements are planned in accordance with their relevant regional growth plan.

Guide the structure, functioning and character of each settlement taking into account municipal and regional contexts and frameworks.

Provide for growth in population and development of facilities and services across a regional or sub-regional network.

Plan for development and investment opportunities along existing and planned transport infrastructure.

Deliver networks of high-quality integrated settlements that have a strong identity and sense of place, are prosperous and are sustainable by:

• Building on strengths and capabilities of each region across Victoria to respond sustainably to population growth and changing environments.

• Developing settlements that will support resilient communities and their ability to adapt and change.

• Providing for appropriately located supplies of residential, commercial, and industrial land across a region, sufficient to meet community needs in accordance with the relevant regional growth plan.

Encourage a form and density of settlements that supports sustainable transport to reduce greenhouse gas emissions.

Limit urban sprawl and direct growth into existing settlements.

Promote and capitalise on opportunities for urban renewal and infill redevelopment.

Clause 11.02- Managing Growth

11.02-1S; Supply of Urban Land

Objective: To ensure a sufficient supply of land is available for residential , commercial, retail , industrial, recreational, institutional and other community uses.


Strategies: Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban development.

Ensure that sufficient land is available to meet forecast demand.

Planning for urban growth should consider opportunities for the consolidation, redevelopment and intensification of existing urban areas.

Clause 11.03-2S- Growth Areas

Objective: To locate urban growth close to transport corridors and services and provide efficient and effective infrastructure to create sustainability benefits while


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision I I r,J TOWN PLANNING

protecting primary production, major sources of raw materials and valued environmental areas.


Strategies: Concentrate urban expansion into growth areas that are served by high-capacity public transport.

Encourage average overall residential densities in the growth areas of a minimum of 15 dwellings per net developable hectare, and over time, seek an overall increase in residential densities to more than 20 dwellings per net developable hectare.

Provide a diversity of housing type and distribution.

Clause 13.02 Bushfi re

Clause 13.02-1S- Bushfire Planning

This policy must be applied to all planning and decision making under the Planning and Environment Act 1987 relating to land that is:

• Within a designated bushfire prone area; • Subject to a Bushfire Management Overlay; or

• Proposed to be used or developed in a way that may create a bushfire hazard.

Objective: To strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life.

In a bushfire prone area designated in accordance with regulations made under the Building Act 1993, bushfire risk should be considered when assessing planning applications for development of Subdivisions of more than 10 lots.

The strategies associated with the objective noted above have been considered as part of this application process, with an extensive Bushfire Management Statement prepared by Sam Thompson of Regional Planning and Design (attached as Appendix J). Bushfire protection measures have been implemented within the proposed development as part of this process, inclusive of a proposed 'Building Exclusion Area' at the rear of lots 18, 19 and 20. It is considered that the proposal meets the Bushfire Planning Objectives of clause 13.02. The CFA have been consulted with in relation to the proposal by Mr. Thompson and have provided feedback that no issues of note have been seen with the proposed subdivision.

Clause 15; Built Environment and Heritage

Planning is to recognise the role of urban design, building design, heritage and energy and resource efficiency in delivering liveable and sustainable cities, towns and neighbourhoods. Planning should ensure all land use and development appropriately responds to its surrounding landscape and character, valued built form and cultural context. Planning must support the establishment and maintenance of communities by delivering functional, accessible, safe and diverse physical and social environments, through the appropriate location of use and development and through high quality buildings and urban design.

Planning should promote excellence in the built environment and create places that:


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision r·1 r;J TOWN PLANNING

• Are enjoyable, engaging and comfortable to be in.

• Accommodate people of all abilities, ages and cultures. • Contribute positively to local character and sense of place.

• Reflect the particular characteristics and cultural identity of the community.

• Enhance the function, amenity and safety of the public realm.

Clause 15.01-1S- Urban Design

Objective: To create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity.


Strategies: Require development to respond to its context in terms of character, cultural identity, natural features, surrounding landscape and climate.

Ensure development supports public realm amenity and safe access to walking and cycling environments and public transport.

Clause 15.01-3S- Subdivision Design

Objective: To ensure the design of subdivisions achieves attractive, safe, accessible, diverse and sustainable neighbourhoods.

In the development of new residential areas, subdivisions should be designed to create liveable and sustainable communities . Associated strategies met by this proposal in relation to this objective are as follows:

Strategies: Creating compact neighbourhoods that have walkable distances between activities.

Clause 16; Housing

Creating urban places with a strong sense of place that are functional, safe and attractive.

Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people.

Facilitating an urban structure where neighbourhoods are clustered to support larger activity centres served by high quality public transport.

Being accessible to people with disabilities.

Creating an urban structure and providing utilities and services that enable energy efficiency, resource conservation, integrated water management and minimisation of waste and air pollution.

Planning should provide for housing diversity and ensure the efficient provIsIon of supporting infrastructure. Planning should ensure the long-term sustainability of new housing, including access to services, walkability to activity centres, public transport, schools and open space. Planning for housing should include the provision of land for affordable housing.


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision r·1 r;J TOWN PLANNING

Clause 16.01-1S- Integrated Housing

Objective: To promote a housing market that meets community needs.


Strategies: Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land.

Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns.

Clause 16.01-2S - Location of Residential Development

Objective: To locate new housing in designated locations that offer good access to jobs, services and transport.


Strategies: Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas.

Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development.

Facilitate residential development that is cost effective in infrastructure provision and use, energy efficient, water efficient and encourages public transport use.

Identify opportunities for increased residential densities to help consolidate urban areas.

Clause 16.01-3S- Housing Diversity

Objective: To provide for a range of housing types to meet diverse needs.


Strategies: Ensure housing stock matches changing demand by widening housing choice.

Facilitate diverse housing that offers choice and meets changing household needs through:

• A mix of housing types. • Adaptable internal dwelling design. • Universal design.

Clause 16.01-4S- Housing Affordability

Objective: To deliver more affordable housing closer to jobs, transport and services.



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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 1·1 t1J TOWN PLANNING

Strategies: Improve housing affordability by:

Assessment

• Ensuring land supply continues to be sufficient to meet demand. • Increasing choice in housing type, tenure and cost to meet the needs of

households as they move through life cycle changes and to support diverse communities.

• Promoting good housing and urban design to minimise negative environmental impacts and keep costs down for residents and the wider community.

• Encouraging a significant proportion of new development to be affordable for households on very low to moderate incomes.

This proposed subdivision will provide for the creation of additional lots on the existing property, within an established area of Creswick close to amenities, and complies with the relevant Planning Policy Framework (PPF) as outlined above. The proposed subdivision is in a General Residential Zone, and is serviced by water, stormwater drainage infrastructure, electricity, sewerage, gas and an accessible developed road network. The subdivision provides well-proportioned lots, with areas ranging from 469m2

to 1719m2 in size. Extensive existing community and public transportation infrastructure is available close by in and near the Creswick Township, with access to the V-Line train and bus networks, the Midland and Western Highways, hospital facilities, recreational facilities and multiple schools. The proposal will increase housing and lot size diversity within the Creswick Township, close to the town centre, contributing to housing affordability and diversity within the area and promoting growth inside the existing urban area. The subdivision design has extensively considered bushfire management planning as is required in such areas, and the subdivision itself has taken into account good urban design principles. The proposed subdivision will provide for additional residential land within a growth area.


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8.2 LOCAL PLANNING POLICY FRAMEWORK

Clause 21.5; Settlement and Housing

I I C-;J TOWN PLANNING

Objective: To achieve a sustainable urban form for towns by containing most future development within the urban growth boundaries shown on service town Structure Plans.


Strategies: Consolidate urban development within the urban growth boundary as shown on Structure Plans in Figure 1 - 5 where infrastructure capacity exists, in a form that enhances local character.

Assessment

Encourage a more and efficient urban form with residential development at mainly Residential 1 Zone densities within the urban growth boundaries shown on the Structure Plans, with Low Density Residential Zones near the edges of the boundaries.

This subdivision meets the Local Policy Framework objective of encouraging "in fill" residential development on existing, larger, fully serviced lots within township boundaries, including the Creswick urban area. Additionally, the subject property can be easily subdivided in a manner that better uses existing and established community infrastructure and public resources across the immediate region. The development proposes infill residential development within a predominately residential neighbourhood, which consolidates residential growth, and that is consistent with local settlement objectives and neighbourhood character. The proposed subdivision provides for an increase to the diversity of housing options within Creswick by creating a range of different sized additional lots where existing, larger scale subdivisions do not necessarily meet this demand. The proposed development is consistent with the policy direction for the site and will facilitate its strategic residential use and development whilst accommodating the existing environmental assets and residential potential of the site. Creswick is expected to cater for significant growth and development over the coming years; the proposed subdivision is part of that growth framework.


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 1=1 ~ TOWN PLANNING

8.3 ZONES

Clause 32.08- General Residential Zone

The subject property is zoned General Residential (GRZ). The purpose of this zone is

• To implement the Municipal Planning Strategy and the Planning Policy Framework.

• To encourage development that respects the neighbourhood character of the area. • To encourage a diversity of housing types and housing growth particularly in locations offering

good access to services and transport. • To allow educational, recreational, religious, community and a limited range of other non

residential uses to serve local community needs in appropriate locations.

A permit is required to subdivide land under the zone. The below VicPlan map view (Figure 11) shows the General Residential Zone of the subject lot. The scale version of this plan is attached as Appendix E.

Planning Map

,.

I I " ..

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Figure 10- Zoning of Subject Site


L-nd ------ ............. -------••·...._.,._ c==ic,,,,...,,,,_..,.w -. "-- .... ~ ....... ~ .,._~ -- -~----=====------- 'Jotrr.,_..._.,..,., __ .. .(It

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~-= --

PAGE 23

PLANNIN


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1987

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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision l:l) C",J TOWN PLANNING

Decision Guidelines

Before deciding on an application for subdivision, the responsible authority must consider:

General:

• The Municipal Planning Strategy and the Planning Policy Framework. • The purpose of this zone. • The objectives set out in a schedule to this zone. • Any other decision guidelines specified in a schedule to this zone. • The impact of overshadowing on existing rooftop solar energy facilities on dwellings on adjoining

lots in a General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.

Subdivision

• The pattern of subdivision and its effect on the spacing of buildings.

• For subdivision of land for residential development, the objectives and standards of Clause 56.

The relevant schedule to this zone does not provide for any additional application requirements, nor does it provide for any specific requirements associated with clauses 54 or 55.

Assessment

The patterns of subdivision proposed as part of the development are consistent with the surrounding area. There is a mix of lot sizes, lot shapes and housing densities within the surrounding space, with a range of building setbacks. Similar subdivisions have previously been approved in the immediate vicinity, inclusive of a planning permit to allow a similar subdivision on the subject site. A detailed assessment against clause 56 has been undertaken and can be found below. The subject property is contained within the General Residential Zone - no alterations to clause 54 and 55 can be found within the schedule. There is a general expectation within the General Residential Zone (GRZ) that housing growth and provision will be required, particularly within larger urban settlements such as Creswick. The property sits within the Creswick settlement boundary which is currently undergoing significant urban change and growth. The proposed lot sizes of between 469m2 and 1719m2 are allowable under the planning scheme, subject to the satisfactory provision of utility services and minimum garden space. Adequate utility services are available to service all proposed lots. Given the proposed lot sizes, the respective 25%, 30% and 35% minimum 'garden area' required for each lot by the zone can easily be provided for when the lots are developed.


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1987

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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision IE:l) r,J TOWN PLANNING

8.4 OVERLAYS

The below VicPlan overlay view (Figure 12) shows the overlays effecting the subject lot. The scale version of this plan is attached as Appendix F.

Planning Map

,.

71 tt o...c...--n. ..... . ........ ~---~c...-... --•~&,.,ol-lQ ................. w...... .... - ............. ,___._._.,.,..,,.,., • .,..,.....,.. b~,_.....,,____ _ __,.......,.. .. ....,.. ... _ __. • ..,...,._.,..,._~....,_ ..... 1111.---.-~ ........ -.....-...,..•--Gllll'WICp"'-

Figure 11 - Overlays on Subject Site

Clause 42.01 - Environmental Significance Overlay (ESO1)

Legend -...:-_.,.,.._ - ~-----__ ..... _ -···· ...... '-c::=.i:::::l .._..,.. ......... w .. , ,<1. . __ 0-,...._. ---~~ ...... - __,_ - -""--__ ..__.._ -- - _.,_~,..-

- ........ "° .. . ~ .... •••• ,,,., ,_.....,.IM_:x.M ----- ..._.,., __ _.

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·-----

The property is affected by the (ESO1) under the Hepburn Planning Scheme. The purpose of this overlay is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework.

• To identify areas where the development of land may be affected by environmental constraints.

• To ensure that development is compatible with identified environmental values.

The Environmental Significant Overlay provides a permit trigger for the removal of vegetation and subdivision of land. The schedule to the overlay does not provide any exemptions to the permit trigger associated with the proposed subdivision or removal of vegetation. In addition to the overlay objectives, the schedule to the overlay also provides additional objectives which need to be met. These are:

• To protect the quality of domestic water supplies within the Shire and the broader region.

• To maintain and where practicable enhance the quality and quantity of water within watercourses.


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Planning Report I 31 Elizabeth Road, Creswick I Residential Subdivision 1-1, r;J TOWN PLANNING

• To prevent increased runoff or concentration of surface water leading to erosion or siltation of watercourses.

• To prevent erosion of banks, streambeds adjoining land and siltation of watercourses, drains and other features.

• To prevent pollution and increased turbidity and nutrient levels of water in natural watercourses, water bodies and storages.

Decision Guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

• Any comments of the relevant water authority. • The slope, soil type and other environmental factors including the potential for pollution of

waterways and ground water. • The need to maintain water quality at a local and regional level. • The possible effect of the development on the quality and quantity of water in local

watercourses, storages, creeks and springs, including the impact on nutrient levels.

• The preservation of and impact on soils and the need to prevent erosion. • The need to prevent or reduce the concentration or diversion of stormwater. • The need to retain vegetation which prevents or limits adverse effects on ground water

recharge.

Assessment

A permit is required to subdivide land affected by the ESO overlay unless the schedule to the overlay specifically indicates otherwise. In this instance, the ESO schedule (schedule 1) does not specify that a permit is not required, therefore a permit requirement is triggered in this instance. The removal of trees is also not exempt from these permit requirements. Hepburn Shire is situated in the Central Highlands at the source of a number of catchments linked to Port Phillip Bay and/or the Murray River. Protection of the quality of this water has significant local and regional implications, especially where these catchments provide domestic water supply.

There is a sewer outfall pipe system available and the sewer connection to the property is located adjacent to the eastern Elizabeth Road frontage as shown on CHWA water and sewer services plan attached (Appendix G). The Lots adjoining the site to the east are already connected to the sewer and the additional proposed lots can also be readily connected to that existing sewer system, noting that the adjoining lots are 'stage 1' of the originally approved subdivision design; the sewer connections were put in place as a result of that stage 1 subdivision process and have been designed to include additional lots on the subject site. Likewise, drainage for existing developments is already well managed, with adequate drainage engineering to form part of the proposed development, connecting into the already implemented drainage system of the stage 1 development.

Catchment Authorities are unlikely to have any significant concerns about this proposed serviced residential subdivision due to the available connection to a CHWA sewer and water pipework serving the property. It is also noted that the ESO (schedule 1) covers the entire Hepburn local government area and is therefore not site specific. Preliminary discussions have been held with Central Highlands Water, with no areas of concern noted at this early stage.


PLANNIN


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1987

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