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OBJECTIVES OF PLANNING IN VICTORIA PAGE 1 OF 1
THE OBJECTIVES OF PLANNING IN VICTORIA
Planning Schemes in Victoria must seek to achieve the objectives of planning in Victoria asset out in Section 4(1) of the Planning & Environment Act 1987. These objectives are:
To provide for the fair, orderly, economic and sustainable use and development of land. To provide for the protection of natural and man-made resources and the maintenance
of ecological processes and genetic diversity. To secure a pleasant, efficient and safe working, living and recreational environment
for all Victorians and visitors to Victoria. To conserve and enhance those buildings, areas or other places which are of scientific,
aesthetic, architectural or historical interest, or otherwise of special cultural value. To protect public utilities and other assets and enable the orderly provision and coordi-
nation of public utilities and other facilities for the benefit of the community. To facilitate development in accordance with the objectives set out in the points above. To balance the present and future interests of all Victorians.
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PURPOSES OF THIS PLANNING SCHEME PAGE 1 OF 1
PURPOSES OF THIS PLANNING SCHEME
To provide a clear and consistent framework within which decisions about the use and de-velopment of land can be made.
To express state, regional, local and community expectations for areas and land uses.
To provide for the implementation of State, regional and local policies affecting land useand development.
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MURRINDINDI PLANNING SCHEME
CONTENTS
14 JAN 2010
SECTION CLAUSE
Objectives of planning in Victoria
Purposes of this planning scheme
CONTENTS
Contents
USER GUIDE User guide
STATE PLANNING POLICY FRAMEWORK
10 11 11.01
11.02
11.03
State Planning Policy Framework Introduction, goal and principles Introduction
Goal
Principles of land use and development planning
12 12.01
12.02
12.03
12.04
12.05
12.06
12.07
12.08
12.09
Metropolitan development A more compact city
Better management of metropolitan growth
Networks with the regional cities
A more prosperous city
A great place to be
A fairer city
A greener city
Better transport links
Geographic strategies
13
[no content]
14
14.01
Settlement Planning for urban settlement
15
15.01
15.02
15.03
15.04
15.05
15.06
15.07
15.08
15.09
15.10
Environment Protection of catchments, waterways and groundwater
Floodplain management
Salinity
Air quality
Noise abatement
Soil contamination
Protection from wildfire
Coastal areas
Conservation of native flora and fauna
Open space
TABLE OF CONTENTS PAGE 1 OF 8
MURRINDINDI PLANNING SCHEME
SECTION CLAUSE
15.11
15.12
15.13
15.14
Heritage
Energy efficiency
Alpine Areas
Renewable energy
16
16.01
16.02
16.03
16.04
16.05
16.06
Housing
Residential development for single dwellings
Medium density housing
Rural living and rural residential development
Crisis accommodation and community care units
Affordable housing
Residential aged care facilities
17 17.01
17.02
17.03
17.04
17.05
17.06
17.07
17.08
17.09
17.10
Economic development Activity centres
Business
Industry
Tourism
Agriculture
Intensive animal industries
Forestry and timber production
Mineral resources
Extractive industry
Apiculture
18
18.01
18.02
18.03
18.04
18.05
18.06
18.07
18.08
18.09
18.10
18.11
18.12
18.13
Infrastructure
Declared highways, railways and tramways
Car parking and public transport access to development
Bicycle transport
Airfields
Ports
Health facilities
Education facilities
Survey infrastructure
Water supply, sewerage and drainage
Waste management
High pressure pipelines
Developer contributions to infrastructure
Telecommunications
TABLE OF CONTENTS PAGE 2 OF 8
MURRINDINDI PLANNING SCHEME
SECTION CLAUSE
19 19.01
19.02
19.03
19.04
Particular uses and development Subdivision
[no content]
Design and built form
Brothels
LOCAL PLANNING POLICY FRAMEWORK
20 21 21.01
21.02
21.03
21.04
21.05
21.06
21.07
21.08
21.09
21.10
21.11
21.12
22 22.01
22.01.1
22.01.2
22.01.3
22.01.4
22.01.5
22.02
22.02.1
22.02.2
22.03
22.03.1
22.03.2
22.03.3
22.03.4
22.03.5
22.03.6
22.04
22.04.1
22.04.2
22.04.3
22.04.4
Operation of the Local Planning Policy Framework Municipal Strategic Statement Murrindindi Shire Profile
Municipal Vision
Issues Affecting the Shire
Agriculture and Rural Land Strategies
Timber Strategies
Tourism Strategies
Serviced Townships Strategies
Kinglake Strategies
Other Townships Strategies
Natural Resource Management Strategies
Monitoring and Review
Referred to Documents
Local Planning Policies Agriculture and Rural Land
Rural Living
Rural Siting and Design Guidelines
Water Infrastructure for Rural Areas
House Lot Excision
High Quality Agricultural Land
Tourism
Development Adjoining Lake Eildon
Development at Station Street Yea
Townships
Urban Areas
Effluent Disposal and Water Quality
Eildon township
Yea township
Marysville Business Area
Marysville Residential Area
Natural Resource Management
Catchment Management and Landcare
Use and Development of Land for Conservation Purposes
Remnant Vegetation and Grasses
Dams
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MURRINDINDI PLANNING SCHEME
SECTION CLAUSE
ZONES 30 31
Zones Operation of zones
32 32.01
32.03
32.04
32.05
Residential Zones
Residential 1 Zone
Low Density Residential Zone
Mixed Use Zone
Township Zone
33
33.01
33.02
Industrial Zones
Industrial 1 Zone
Industrial 2 Zone
34
34.01
34.04
Business Zones
Business 1 Zone
Business 4 Zone
35
35.03
35.06
35.07
Rural Zones
Rural Living Zone
Rural Conservation Zone
Farming Zone
36
36.01
36.02
36.03
36.04
Public Land Zones
Public Use Zone
Public Park and Recreation Zone
Public Conservation and Resource Zone
Road Zone
37
37.01
37.03
Special Purpose Zones
Special Use Zone
Urban Floodway Zone
OVERLAYS 40 41
Overlays Operation of overlays
42
42.01
42.02
42.03
Environment and Landscape Overlays Environmental Significance Overlay
Vegetation Protection Overlay
Significant Landscape Overlay
43
43.01
43.02
43.04
Heritage and Built Form Overlays Heritage Overlay
Design and Development Overlay
Development Plan Overlay
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MURRINDINDI PLANNING SCHEME
SECTION CLAUSE
44 44.01
44.03
44.04
44.06
Land Management Overlays
Erosion Management Overlay
Floodway Overlay
Land Subject to Inundation Overlay
Wildfire Management Overlay
45
45.03
45.05
Other Overlays Environmental Audit Overlay
Restructure Overlay
PARTICULAR PROVISIONS
50 51 52
52.01
52.02
52.03
52.04
52.05
52.06
52.07
52.08
52.09
52.10
52.11
Particular provisions Operation of particular provisions
[no content] Public open space contribution and subdivision
Easements, restrictions and reserves
Specific sites and exclusions
Satellite dish
Advertising signs
Car parking
Loading and unloading of vehicles
Earth resource exploration and development
Extractive industry and extractive industry interest areas
Uses with adverse amenity potential
Home occupation 52.12
52.13
52.14
52.15
52.16
52.17
52.18
52.19
52.20
52.21
52.22
52.23
52.24
52.25
52.26
52.27
52.28
52.29
52.30
52.31
Service station
Car wash
Motor vehicle, boat or caravan sales
Heliport
Native vegetation precinct plan
Native vegetation
Timber production
Telecommunications facility
Convenience restaurant and take-away food premises
Private tennis court
Crisis accommodation
Shared housing
Community care unit
Crematorium
Cattle feedlot
Licensed premises
Gaming
Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 road
Freeway service centre
Broiler farm
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MURRINDINDI PLANNING SCHEME
SECTION CLAUSE
52.32
52.33
52.34
52.35
52.36
52.37
52.38
52.39
52.40
52.41
52.42
52.43
Wind energy facility
Shipping container storage
Bicycle facilities
Urban context report and design response for residential development of four or more storeys
Integrated public transport planning
Post boxes and dry stone walls
2009 Bushfire recovery
2009 Bushfire – replacement buildings
Government funded education facilities
Government funded social housing
Renewable energy facility (other than wind energy facility)
Interim measures for bushfire protection
54 54.01
54.02
54.03
54.04
54.05
54.06
One dwelling on a lot Neighbourhood and site description and design response
Neighbourhood character
Site layout and building massing
Amenity impacts
On-site amenity and facilities
Detailed design
55 55.01
55.02
55.03
55.04
55.05
55.06
Two or more dwellings on a lot and residential buildings Neighbourhood and site description and design response
Neighbourhood character and infrastructure
Site layout and building massing
Amenity impacts
On-site amenity and facilities
Detailed design
56 56.01
56.02
56.03
56.04
56.05
56.06
56.07
56.08
56.09
56.10
Residential subdivision Subdivision site and context description and design response
Policy implementation
Livable and sustainable communities
Lot design
Urban landscape
Access and mobility management
Integrated water management
Site management
Utilities
Transitional arrangements
GENERAL 60 General provisions
TABLE OF CONTENTS PAGE 6 OF 8
MURRINDINDI PLANNING SCHEME
SECTION CLAUSE
PROVISIONS 61
61.01
61.02
61.03
61.04
61.05
61.06
62
62.01
62.02
62.03
62.04
62.05
63
63.01
63.02
63.03
63.04
63.05
63.06
63.07
63.08
63.09
63.10
63.11
63.12
64
64.01
64.02
64.03
65
65.01
65.02
66
66.01
66.02
66.03
Administration of this scheme
Administration and enforcement of this scheme
What area is covered by this scheme?
What does this scheme consist of?
When did this scheme begin?
Effect of this scheme
Determination of boundaries
Uses, buildings, works, subdivisions and demolition not requiring a permit Uses not requiring a permit
Buildings and works
Events on public land
Subdivisions not requiring a permit
Demolition
Existing uses Extent of existing use rights
Characterisation of use
Effect of definitions on existing use rights
Section 1 uses
Section 2 and 3 uses
Expiration of existing use rights
Compliance with codes of practice
Alternative use
Shop conditions
Damaged or destroyed buildings or works
Proof of continuous use
Decision guidelines
General provisions for use and development of land Land used for more than one use
Land used in conjunction with another use
Subdivision of land in more than one zone
Decision guidelines
Approval of an application or plan
Approval of an application to subdivide land
Referrals and notice provisions
Subdivision referrals
Use and development referrals
Referral of permit applications under other State standard provisions
TABLE OF CONTENTS PAGE 7 OF 8
MURRINDINDI PLANNING SCHEME
SECTION CLAUSE
67 67.01
67.02
67.03
67.04
Applications under Section 96 of the Act Exemptions from Section 96(1) and 96(2) of the Act
Notice requirements
Notice requirements - native vegetation
Notice exemptions
DEFINITIONS 70 71 72 73 74 75 75.01
75.02
75.03
75.04
75.05
75.06
75.07
75.08
75.09
75.10
75.11
75.12
75.13
75.14
75.15
75.16
Definitions Meaning of words General terms Outdoor advertising terms Land use terms Nesting diagrams Accommodation group
Agriculture group
Child care centre group
Education centre group
Industry group
Leisure and recreation group
Earth resource exploration and development group
Office Group
Place of assembly group
Pleasure boat facility group
Retail premises group
Retail premises group (sub-group of shop)
Transport terminal group
Utility installation group
Warehouse group
Land use terms that are not nested
INCORPORATED DOCUMENTS
80 81 81.01
Incorporated documents Documents incorporated in this scheme Table of documents incorporated in this scheme
LIST OF AMENDMENTS
List of amendments to this scheme
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USER GUIDE PAGE 1 OF 5
USER GUIDE
1. What is a planning scheme?
A planning scheme sets out policies and requirements for the use, development and protec-tion of land. There is a planning scheme for every municipality in Victoria.
2. Who is affected by this planning scheme?
All people and corporations must comply with this scheme. Every State Minister, govern-ment department, public authority and municipal council must also comply unless specifi-cally exempted by the Government.
3. What does this scheme consist of?
This scheme consists of a written document and any maps, plans or other documents incor-porated in it (see Clause 81). It contains-
The objectives of planning in Victoria.
Purposes of this planning scheme.
The User Guide.
A State Planning Policy Framework.
A Local Planning Policy Framework.
Zone and overlay provisions.
Particular provisions.
General provisions.
Definitions.
Incorporated documents
The State Planning Policy Framework covers strategic issues of State importance. It listspolicies under six headings - settlement, environment, housing, economic development, in-frastructure, and particular uses and development. Every planning scheme in Victoria con-tains this policy framework, which is identical in all schemes.
The Local Planning Policy Framework contains a municipal strategic statement and localplanning policies. The framework identifies long term directions about land use and devel-opment in the municipality; presents a vision for its community and other stakeholders; andprovides the rationale for the zone and overlay requirements and particular provisions in thescheme.
The Zone and Overlay requirements and Particular provisions show -
The type of use and development allowed in each zone.
Additional requirements for subdivision, buildings and works on land that is affected byan overlay.
Requirements for any specific uses and development.
The General provisions provide information on the administration of this scheme and otherrelated matters. Definitions advise on the meaning of words in this scheme.
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USER GUIDE PAGE 2 OF 5
Effect of this planning scheme
4. How do I use this planning scheme?
The planning scheme map
The planning scheme map shows how land is zoned and whether it is affected by an overlay.This information is indicated by a letter and number code that is explained on the front pageof each map: For example, R1Z stands for Residential 1 Zone.
To find out the effect these requirements have on your land, it is necessary to refer to thewritten document.
The written document
Policy frameworks (Clauses 11 to 22)
The State and Local Planning Policy Frameworks contain the long term directions and out-comes sought by this scheme. These are implemented through the Zone, Overlay and Par-ticular provisions requirements. It is important to refer to both frameworks whenconsidering the requirements of the scheme.
Zone requirements (Clauses 31 to 37)
A zone controls land use and development. Each zone includes a description of its purposeand the requirements that apply regarding land use, subdivision and the construction andcarrying out of buildings and works.
Each zone lists land uses in three sections:
Section 1 Uses that do not require a permit.
Section 2 Uses that require a permit.
Section 3 Uses that are prohibited.
Uses that are not specifically mentioned are covered by a reference to 'any other use'. Thisis usually found in Section 2, but is occasionally found in Section 3.
Sometimes a use in Section 1 or Section 2 must meet specified conditions. If these are notmet, the use may require a permit or may be prohibited.
Note that the three sections refer to the use of land, not to the development of land.
Development of land includes the construction of a building, carrying out works (such asclearing vegetation), subdividing land or buildings, or displaying signs. The zones indicatewhether a planning permit is required to construct a building or carry out works. Somebuildings and works, such as fences and underground services, usually do not require apermit. These are listed in Clause 62 of the scheme under Uses, buildings, works, subdivi-sions and demolition not requiring a permit.
Overlay requirements (Clauses 41 to 45)
Overlays affect subdivisions, buildings and works. They operate in addition to the zone re-quirements and generally concern environmental, landscape, heritage, built form, and land
USER GUIDE PAGE 3 OF 5
and site management issues. It is essential to check whether an overlay applies to your landbefore commencing any use or development.
Particular provisions (Clauses 51 to 56)
Other planning requirements may apply to particular uses or development. These may beadvertising signs, car parking or specified types of use. Such requirements are listed underParticular provisions. It is essential to check whether any of these requirements apply toyour land before commencing any use or development.
General provisions (Clauses 61 to 67)
The general provisions provide information on:
The administration of this scheme.
The operation of existing uses and land used for more than one use.
Uses, buildings, works, subdivisions and demolition not requiring a permit.
Matters that Council must consider before deciding on a proposal under this scheme.
Definitions (Clauses 71 to 75)
Words used in this scheme have their common meaning unless they are defined in thescheme, the Planning and Environment Act 1987 or in other relevant legislation. The pur-pose of defining a word is to limit its meaning to a particular interpretation or to explain themeaning of a word or phrase peculiar to this scheme. You should check whether any wordor term is defined to ensure you understand its meaning within the context of the scheme.
If in doubt about the meaning of a word that is not defined, ask a Council planning officerfor assistance.
5. How do I find out about requirements affecting my land?
You should first speak to a Council planning officer to find out how this scheme affectsyour land. The scheme is available for inspection at your Council office, and at the De-partment of Sustainability and Environment, 80 Collins Street, Melbourne or its regional of-fices.
You can also apply for a planning certificate for a particular parcel of land. This will statethe planning scheme zone and overlay requirements that apply to that land as shown on thescheme map. Note that the certificate does not state the strategies or policies that apply tothe land under the scheme’s policy frameworks.
A person selling land must make a planning certificate available to a purchaser before acontract to buy the land is signed.
6. Changes to this planning scheme
This scheme is not a static document and is likely to change over time. A Council planningofficer can tell you if an amendment affecting your land has been prepared. This informa-tion is also shown on a planning certificate.
USER GUIDE PAGE 4 OF 5
Application to use or develop land
7. The need for early discussion with Council
If you propose to use or develop land, first discuss the proposal in detail with a Councilplanning officer. Early discussion will confirm whether a permit is necessary and identifyany other requirements.
8. Making a planning permit application
If a permit is required, an Application for Planning Permit form must be filled out andlodged with responsible authority, which is usually the Council.
The application must include all necessary supporting information such as plans, reportsand photographs so that the proposal is fully described and can be understood by all inter-ested parties.
The Planning and Environment Act 1987 requires the payment of a fee for the processing ofapplications. Details of the fee can be obtained from Council.
In some circumstances, the Minister for Planning or another person may administer parts ofthis scheme. A Council planning officer can advise you what to do in such cases.
9. Considering and giving notice of the application
In considering an application, Council will in most cases decide whether material detrimentmay be caused to any person and, if so, it must give them an opportunity to comment on theproposal.
There are a number of ways of giving notice of an application, including notifying the own-ers and occupiers of nearby properties, and placing notices on the land and in a newspapercirculating in the area.
With some applications, Council will seek the views of other government or public agenciesbefore making a decision. It may also ask you to provide more information.
Once any necessary advertising has been completed and other agencies have had time tocomment, the application will be decided.
In making its decision, Council must assess an application against the strategies and desiredoutcomes outlined in the scheme’s policy frameworks. Any other matters that the schemespecifies must also be taken into account.
10. The decision
Following consideration of your application, Council will decide to either:
Issue a permit.
Issue a notice of decision to grant a permit (which gives objectors a set time in which tolodge an application for review).
Refuse to grant a permit.
USER GUIDE PAGE 5 OF 5
A permit can be issued with or without conditions, and a proposal can only begin and con-tinue if all the conditions on the permit are met.
11. Do I have a right to seek a review of a decision?
In many cases, yes. Your rights to a review of a Council decision are usually explained inthe document that conveys advice of Council’s decision. Additional information on reviewsof decision may be obtained from the Victorian Civil and Administrative Tribunal, PlanningList, 55 King Street, Melbourne 3000 - Phone (03) 9628 9777.
12. What is the difference between building and planning permits?
Planning permits must not be confused with building permits. Building permits are issuedunder the Victoria Building Regulations and generally relate only to the constructional as-pects of a building or other development.
A building permit is required in most cases involving development. You should consult abuilding surveyor if any building is proposed. If a planning permit is required, it must beobtained before a building permit can be issued.
Need more help?
Contact a Council planning officer if you:
Have a general enquiry about this scheme.
Are unsure what requirements apply to your land.
Are unsure of the steps in the planning application process.
Would like to know how this scheme may be changed.
Want a planning application form.
Want to buy a copy of this scheme or an amendment.
Publications that may help are:
Using Victoria's Planning System
VCAT Practice Notes
The planning publications can be obtained from the Department of Sustainability and Envi-ronment Planning Information Centre, 8 Nicholson Street, Melbourne 3002 - Phone (03)9637 8151, and on the Department’s web site, www.dse.vic.gov.au. VCAT publicationscan be obtained from the VCAT web site, www.vcat.vic.gov.au.
Relevant legislation includes:
Planning and Environment Act 1987 and the Planning and Environment Regulations1998
Victorian Civil and Administrative Tribunal Act 1998
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998
Copies of legislation are usually available for perusal at your local library or they may bepurchased from Information Victoria, 356 Collins Street, Melbourne 3000 - phone toll free1 300 366 356 or (03) 9603 9940. They are also available at the Victorian Legislation andParliamentary Documents Home Page, www.dms.dpc.vic.gov.au.
StatePlanning
PolicyFramework
STATE PLANNING POLICY FRAMEWORK - CLAUSE 10 PAGE 1 OF 1
10 STATE PLANNING POLICY FRAMEWORK
This section sets out the State Planning Policies which apply to all land in Victoria.
These policies must be taken into account when preparing amendments to this scheme or making decisions under this scheme.
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STATE PLANNING POLICY FRAMEWORK - CLAUSE 11 PAGE 1 OF 3
11 INTRODUCTION, GOAL AND PRINCIPLES
11.01 Introduction
The purpose of State policy in planning schemes is to inform planning authorities andresponsible authorities of those aspects of State level planning policy which they are to takeinto account and give effect to in planning and administering their respective areas. It is theState Government's expectation that planning and responsible authorities will endeavour tointegrate the range of policies relevant to the issues to be determined and balanceconflicting objectives in favour of net community benefit and sustainable development.
Planning policies are directed to land use and development, as circumscribed by thePlanning and Environment Act 1987, a primary objective of which is to provide for thefair, orderly, economic and sustainable use and development of land.
Planning, under the Planning and Environment Act 1987, is to encompass and integraterelevant environmental, social and economic factors. It is directed towards the interests ofsustainable development for the benefit of present and future generations, on the basis ofrelevant policy and legislation. Planning authorities and responsible authorities areresponsible for the effective planning and management of land use and development intheir districts for the broad interests of the community, through the preparation of strategicplans, statutory plans, development and conservation plans, development contributionplans, and other relevant plans to achieve the objectives of the Act.
The State Planning Policy Framework provides a context for spatial planning and decisionmaking by planning and responsible authorities. It is comprised of a statement of generalprinciples for land use and development planning and specific policies dealing withsectoral issues. The specific policies encompass objectives, generic implementationtechniques applying across Victoria in relation to the specified policy and geographicstrategies that set out directions for particular areas. Planning and responsible authoritiesmust take account of and give effect to both the general principles and the specific policiesapplicable to issues before them to ensure integrated decision-making.
The State Planning Policy Framework is dynamic and will be built upon as the governmentdevelops and refines policy, and changed as the needs of the community change.
11.02 Goal
The State Planning Policy Framework seeks to ensure that the objectives of planning inVictoria (as set out in Section 4 of the Planning and Environment Act 1987) are fosteredthrough appropriate land use and development planning policies and practices whichintegrate relevant environmental, social and economic factors in the interests of netcommunity benefit and sustainable development.
11.03 Principles of land use and development planning
Society has various needs and expectations such as land for settlement, protection of theenvironment, economic well-being, various social needs, proper management of resourcesand infrastructure. Planning aims to meet these by addressing aspects of economic,environmental and social well-being affected by land use and development.
Following are seven statements of general principles that elaborate upon the objectives ofplanning in Victoria and describe the factors that influence good decision-making in landuse and development planning. A planning authority preparing amendments to a planningscheme or a responsible authority administering a scheme must consider these overarchingand interlocking principles as well as relevant specific policies in Clauses 14 to 19.
11.03-1 Settlement
Planning is to anticipate and respond to the needs of existing and future communitiesthrough provision of zoned and serviced land for housing, employment, recreation and
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STATE PLANNING POLICY FRAMEWORK - CLAUSE 11 PAGE 2 OF 3
open space, commercial and community facilities and infrastructure. Planning is torecognise the need for, and as far as practicable contribute towards:
Health 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.
11.03-2 Environment
Environment and resource management principles for ecologically sustainabledevelopment have been established by international and national agreements. Foremostamongst the national agreements is the Inter-Governmental Agreement on theEnvironment, which sets out key principles for environmental policy in Australia. Otheragreements include the National Strategy for Ecologically Sustainable Development,National Greenhouse Response Strategy, the National Water Quality ManagementStrategy, The National Strategy for the Conservation of Australia’s Biological Diversityand the National Forest Policy Statement. The National Environment Protection Council ispreparing National Environment Protection Measures to provide a common policyframework for environmental quality throughout Australia.
These national agreements, strategies and policies provide a broad framework for thedevelopment of strategies and policies at the State level to encourage sustainable land useand development. In Victoria these include State environment protection policies madeunder the Environment Protection Act 1970, which are binding on all sectors of theVictorian community. The Flora and Fauna Guarantee Strategy (Victoria’s Biodiversity,Department of Natural Resources and Environment 1997) provides a framework forconservation of biodiversity in Victoria, in the wider context of ecologically sustainabledevelopment. Victoria’s Native Vegetation Management – a Framework for Action(Department of Natural Resources and Environment 2002), establishes the goal of NetGain of native vegetation, and the principles for achieving this.
Planning is to contribute to the protection of air, land and water quality and theconservation of natural ecosystems, resources, energy and cultural heritage. In particular,planning should:
Adopt a best practice environmental management and risk management approach whichaims to avoid or minimise environmental degradation and hazards.
Prevent environmental problems created by siting incompatible land uses closetogether.
Help to protect the health of ecological systems and the biodiversity they support(including ecosystems, habitats, species and genetic diversity).
Protect areas and sites with significant historic, architectural, aesthetic, scientific andcultural values.
11.03-3 Management of resources
Planning is to assist in the conservation and wise use of natural resources including energy,water, land, flora, fauna and minerals to support both environmental quality and sustainabledevelopment over the long term through judicious decisions on the location, pattern andtiming of development.
Integrated catchment planning for land use and resource management provides the basis forplanning to protect waterways and water quality, and to minimise flood hazards, drainageinfrastructure costs and downstream impacts, including on estuarine, coastal and marineenvironments.
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STATE PLANNING POLICY FRAMEWORK - CLAUSE 11 PAGE 3 OF 3
Nine regional Catchment Management Authorities have been established across the State tolead planning for catchment management and be responsible for floodplain and rivermanagement outside metropolitan Melbourne, with the Port Phillip and WesternportCatchment Management Authority having responsibility for catchments including themetropolitan area. These authorities are responsible for overseeing sustainable land andwater management and natural resource development within the framework of regionalcatchment strategies approved by the Minister for Environment.
Land Conservation Council recommendations approved by Government provide a contextfor management of resources on public lands and should be recognised as a significantcomponent of integrated local area planning. When making planning decisions affectingCrown land, the role of the Department of Sustainability and Environment and Committeesof Management as managers of Crown land must also be recognised.
11.03-4 Infrastructure
Planning for development of urban physical and community infrastructure should enable itto be provided in a way that is efficient, equitable, accessible and timely. Growth andredevelopment of settlements should be planned in a manner that allows for the logical andefficient provision and maintenance of infrastructure, including the setting aside of land forthe construction of future transport routes.
Strategic planning should facilitate efficient use of existing urban infrastructure and humanservices. Providers of urban infrastructure, whether public or private bodies, are to beguided by planning policies and should assist strategic land use planning. Planningauthorities are to consider the use of development contributions (levies) in the funding ofinfrastructure.
11.03-5 Economic well-being
Planning is to contribute to the economic well-being of communities and the State as awhole by supporting and fostering economic growth and development by providing land,facilitating decisions, and resolving land use conflicts, so that each district may build on itsstrengths and achieve its economic potential.
11.03-6 Social needs
Planning is to recognise social needs by providing land for a range of accessiblecommunity resources, such as affordable housing, places of employment, open space, andeducation, cultural, health and community support (mental, aged, disabled, youth andfamily services) facilities. Land use and development planning must support thedevelopment and maintenance of communities with adequate and safe physical and socialenvironments for their residents, through the appropriate location of uses and developmentsand quality of urban design.
11.03-7 Regional co-operation
Some issues dealt with by planning and responsible authorities have impacts that extendbeyond municipal boundaries. These impacts may be economic, social or environmentaland particularly arise around such issues as coordinated planning for transport and waterinfrastructure, catchment management, including floodplain management and water qualityprotection, and waste management.
Consistent with the objectives of local government under the Local Government Act 1989,municipal planning authorities are required to identify the potential for regional impacts intheir decision-making and co-ordinate strategic planning with their neighbours and otherpublic bodies to achieve sustainable development and effective and efficient use ofresources.
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12 METROPOLITAN DEVELOPMENT
Operation
This clause provides specific objectives and strategies for Metropolitan Melbourne. Theseare in addition to the principles of land use and development planning in Clause 11 and therelevant specific objectives and strategies in Clauses 14 to 19.
In the event that a strategy in Clauses 14 to 19 is different from a strategy set out in thisclause, the strategy in this clause applies.
Application
This clause applies to Metropolitan Melbourne.
The objectives and related strategies aim to ensure that land use and transport planning andinvestment always contribute to economic, social and environmental goals.
The objectives and strategies also influence municipalities beyond Metropolitan Melbourneand should be taken into account where relevant.
12.01 A more compact city
12.01-1 Objective
To facilitate sustainable development that takes full advantage of existing settlementpatterns, and investment in transport and communication, water and sewerage and socialfacilities.
12.01-2 Strategies
Activity centres
Concentrate new development at activity centres near current infrastructure and in areasbest able to cope with change. Development is to respond to its landscape, valued builtform and cultural context and achieve sustainable objectives.
Build up activity centres as a focus for high-quality development, activity and living for thewhole community by:
Developing a network of activity centres that:
Comprises a range of centres that differ in size and function.
Is a focus for business, shopping, working, leisure and community facilities.
Provides different types of housing, including forms of higher density housing.
Is connected by public transport.
Maximises choice in services, employment and social interaction.
Ensuring activity centres are developed in a way that:
Reduces the number of private motorised trips by concentrating activities thatgenerate high numbers of (non-freight) trips in highly accessible locations.
Encourages economic activity and business synergies.
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Broadens the mix of uses appropriate to the type of centre and needs of thepopulation served.
Provides focal points for the community.
Improves access by walking, cycling and public transport to services and facilitiesfor local and regional populations.
Supports the development of the Principal Public Transport Network.
Ensuring planning for activity centres:
Sets the strategic framework for the use and development of land in and around thecentre and gives clear direction in relation to preferred locations for investment.
Supports the role and function of the centre given its classification, the policies forhousing intensification, and development of the public transport network.
Improves the social, economic and environmental performance and amenity of thecentre.
Broadening the base of activity in centres that are currently dominated by shopping toinclude a wider range of services over longer hours by:
Locating significant new education, justice, community, administrative and healthfacilities that attract users from large geographic areas in or on the edge of Principalor Major Activity Centres with good public transport.
Locating new small scale education, health and community facilities that meet localneeds in or next to Neighbourhood Activity Centres.
Defining the role and function of activity centres, preferred uses, scale of developmentand links to the public transport system based on five classifications of activity centrescomprising the Central Activities District, Principal Activity Centres, Major ActivityCentres, Specialised Activity Centres and Neighbourhood Activity Centres.
Central Activities District
Supporting the role of the Central Activities District as Metropolitan Melbourne’slargest centre of activity with the greatest variety of uses and functions includingcommercial, retail, housing, highly specialised personal services, education, governmentand tourism.
Reinforcing the Central Activities District as the preferred location for activities thathave State or national significance, and for activities that generate a significant numberof trips from the metropolitan area and beyond.
Principal and Major Activity Centres
Developing Principal and Major Activity Centres to accommodate ongoing investmentand change in retail, office, service and residential markets.
Ensuring Principal and Major Activity Centres:
Have a mix of activities that generate high number of trips including business, retail,services and entertainment.
Are well served by multiple public transport routes and are on the Principal PublicTransport Network or capable of linking to that network.
Have, for Principal Activity Centres, a large catchment covering several suburbs andattracting activities that meet metropolitan needs.
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Have the potential to grow and support intensive housing developments withoutconflicting with surrounding land-uses.
Locating new Principal and Major Activity Centres on the Principal Public TransportNetwork or linking them to the network as part of developing the site.
Broadening the role of stand-alone centres to provide a greater mix of uses andimproving linkages to the Principal Public Transport Network.
Ensuring Principal Activity Centres are a focus for a range of government andcommunity activities, services and investment and are priority locations for governmentinvestment and support.
Giving priority to Principal Activity Centres for investment and the location ofsignificant land uses where catchments overlap in any part of the network of centres.
Encouraging Major Activity Centres with good public transport links to grow inpreference to other centres with poor public transport links serving the same catchment.
Specialised Activity Centres
Ensuring Melbourne Airport, major university campuses and key research anddevelopment precincts, including the specialised precincts of particular importance tothe State’s innovation, are developed as Specialised Activity Centres.
Reinforcing the specialised economic functions of the Specialised Activity Centres andsupporting use and development consistent with the primary specialist function of thecentre.
Encouraging complementary mixed-uses that do not compete with nearby Principal orMajor Activity Centres or inhibit the centre’s specialised role.
Locating Specialised Activity Centres on the Principal Public Transport Network.
Neighbourhood Activity Centres
Ensuring Neighbourhood Activity Centres:
Have a mix of uses that meet local convenience needs.
Are accessible to a viable user population by walking and cycling.
Are accessible by local bus services with public transport links to Principal or MajorActivity Centres.
Are an important community focal point.
Encouraging higher density housing in and around Neighbourhood Activity Centres thatis designed to fit the context and enhances the character of the area while providing avariety of housing options for different types of households.
Providing for new Neighbourhood Activity Centres in the redevelopment of middle andouter suburbs and the development of new growth areas.
Out-of-Centre Development
Ensuring that proposals or expansion of single use retail, commercial and recreationalfacilities outside activity centres are discouraged by giving preference to locations in oron the border of an activity centre.
Ensuring that out-of-centre proposals are only considered where the proposed use ordevelopment is of net benefit to the community in the region served by the proposal.
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Discouraging large sports and entertainment facilities of metropolitan, State or nationalsignificance in out-of-centre locations unless they are on the Principal Public TransportNetwork and in locations that are highly accessible to their catchment of users.
Housing
Locate a substantial proportion of new housing in or close to activity centres and otherstrategic redevelopment sites that offer good access to services and transport by: Increasing the proportion of housing to be developed within the established urban area,
particularly at activity centres and other strategic sites, and reduce the share of newdwellings in greenfield and dispersed development areas.
Encouraging higher density housing development on sites that are well located inrelation to activity centres and public transport.
Ensuring housing stock matches changing demand by widening housing choice,particularly in the middle and outer suburbs.
Supporting opportunities for a wide range of income groups to choose housing in well-serviced locations.
Identifying strategic redevelopment sites for large residential development that are:
In and around the Central Activities District.
In or within easy walking distance of Principal or Major Activity Centres.
In or beside Neighbourhood Activity Centres that are served by public transport.
On or abut tram, train, light rail and bus routes that are part of the Principal PublicTransport Network and close to Principal or Major Activity Centres.
In or near major modal public transport interchanges that are not in Principal orMajor Activity Centres.
Able to provide 10 or more dwelling units, close to activity centres and well servedby public transport.
Ensuring planning for growth areas provides for a mix of housing types and higherhousing densities around activity centres.
Ensuring an adequate supply of redevelopment opportunities within the establishedurban area to reduce the pressure for fringe development.
Ensuring all new development appropriately responds to its landscape, valued builtform and cultural context.
12.02 Better management of metropolitan growth
12.02-1 Objective
To locate metropolitan growth close to transport corridors and services and provideefficient and effective infrastructure to create benefits for sustainability while protectingprimary production, major sources of raw materials and valued environmental areas.
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12.02-2 Strategies
Urban growth boundary
Establish an urban growth boundary to set clear limits to Metropolitan Melbourne’s urbandevelopment by:
Defining the urban area of Metropolitan Melbourne with an urban growth boundary tomanage outward expansion, to facilitate achievement of a compact city, to protect non-urban areas and to ensure ready access to infrastructure in the key transport corridors.
Defining the non-urban area of Melbourne to be retained for rural and agricultural uses,natural resources, landscape, heritage, open space and conservation values.
Containing urban development within the established urban growth boundary. Anychange to the urban growth boundary must only occur to reflect the needs demonstratedin the designated growth areas.
Protecting the continued rural use of land within the urban growth boundary untilconversion to urban use is required and the extension of urban services is approved aspart of the sequencing of development.
Growth areas
Concentrate urban expansion into growth areas that are served by high-capacity publictransport by:
Encouraging new development in those growth areas best served by existing major raillines within the Werribee, Hume, Epping, Pakenham and Cranbourne corridors.
Ensuring the ongoing provision of land and supporting infrastructure and ensuringsufficient land is available to meet forecast demand.
Developing growth areas that will:
Implement the strategic directions within the Growth Area Framework Plans(Department of Sustainability and Environment 2006).
Achieve increases in average housing density significantly higher than 10 dwellingsper hectare.
Deliver timely and adequate provision of public transport and local and regionalinfrastructure, in line with a preferred sequence of land release.
Provide for significant amounts of local employment opportunities.
Create a network of mixed-use activity centres and developing an urban form basedon Neighbourhood Principles.
Meet housing needs by providing a diversity of housing type and distribution.
Restrict low-density rural residential development that would compromise futuredevelopment at higher densities.
Retain unique characteristics of established areas incorporated into newcommunities to protect and manage natural resources and areas of heritage, culturaland environmental significance.
Create well planned, easy to maintain and safe streets and neighbourhoods thatreduce opportunities for crime, improve perceptions of safety and increase levels ofcommunity participation.
Manage the sequence of development in growth areas so that services are available fromearly in the life of new communities by:
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Defining preferred development sequences in growth areas to better coordinateinfrastructure planning and funding.
Ensuring that new land is released in growth areas in a timely fashion to facilitatecoordinated and cost-efficient provision of local and regional infrastructure.
Requiring new development to make a financial contribution to the provision ofinfrastructure such as public facilities, public transport and roads.
Monitoring land supply and demand for housing and industry to ensure 15 yearcontinuous land supply.
Developing precinct structure plans consistent with the applicable Precinct Structure PlanGuidelines approved by the Minister for Planning to:
Ensure greater housing choice, diversity and affordability.
Develop vibrant, well serviced activity centres.
Provide sustainable transport networks.
Deliver accessible community facilities and infrastructure.
Create multi-use, linked open space networks.
Boost employment and commercial activity.
Increase environmental sustainability.
Green wedges
Protect the green wedges of Metropolitan Melbourne from inappropriate development by:
Ensuring strategic planning and land management of each green wedge area to promoteand encourage its key features and related values.
Supporting development in the green wedge that provides for environmental, economicand social benefits.
Consolidating new residential development with existing settlements and in locationswhere planned services are available and green wedge area values can be protected.
Planning and protecting major transport facilities that serve the wider Victoriancommunity, such as airports and ports with their associated access corridors.
Protecting important productive agricultural areas such as Werribee South, theMaribyrnong River flats, the Yarra Valley, Westernport and the Mornington Peninsula.
Protecting areas of environmental, landscape and scenic value.
Protecting significant resources of stone, sand and other mineral resources for extractionpurposes.
12.03 Networks with the regional cities
12.03-1 Objective
To develop Metropolitan Melbourne and the surrounding regional cites as a network ofcities to provide a choice of places to live, set up business and find a job.
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12.03-2 Strategies
Regional cities
Promote the growth of regional cities and key towns on regional transport corridors as partof a ‘networked cities’ model by:
Planning and supporting regional centres of Geelong, Ballarat, Bendigo and the townsof the Latrobe Valley that are close to Metropolitan Melbourne as viable alternativeurban locations to Metropolitan Melbourne.
Ensuring that infrastructure services are in place so that Geelong, Ballarat, Bendigo andthe towns of the Latrobe Valley and their surrounding regions are able to take advantageof opportunities for growth that will accrue from improved linkages to MetropolitanMelbourne.
Encouraging planning for regional areas and cities that:
Delivers an adequate supply of land for housing and industry to meet forecastgrowth.
Ensures that new development is supported by strong transport links that provide anappropriate choice of travel.
Limits the impact of urban development on non-urban areas and supportsdevelopment in those areas that can accommodate growth.
Protects conservation and heritage values and the surrounding natural resource base.
Develops and reinforces the distinctive roles and character of each city.
Fosters the development of towns around the regional cities that are on regionaltransport routes.
Rural residential development
To control development in rural areas to protect agriculture and avoid inappropriate ruralresidential development by:
Reducing the proportion of new housing development provided in rural areas andencouraging the consolidation in existing settlements where investment in physical andcommunity infrastructure and services has already been made.
Ensuring planning for rural living avoids or significantly reduces adverse economic,social and environmental impacts by:
Maintaining the long-term sustainable use and management of existing naturalresource attributes in activities such as agricultural production.
Protecting existing landscape values and environmental qualities such as waterquality, native vegetation, biodiversity and habitat.
Minimising or avoiding property servicing costs carried by local and Stategovernments.
Discouraging development of isolated small lots in rural zones from use for ruralliving or other incompatible uses.
Encouraging consolidation of existing isolated small lots in rural zones.
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12.04 A more prosperous city
12.04-1 Objective
To create a strong and innovative economy.
12.04-2 Strategies
Resource management
Maintain access to productive natural resources and an adequate supply of well-locatedland for energy generation, infrastructure and industry by:
Providing an adequate supply of industrial land in appropriate locations includingsufficient stocks of large sites for strategic investment.
Protecting natural resource-based industries, industrial land and energy infrastructureagainst competing and incompatible uses.
Protecting the Laverton North and Dandenong heavy industrial areas from inappropriatedevelopment and maintaining adequate buffer distances from sensitive or incompatibleuses.
Protecting strategic deposits of sand, mineral and stone, to maintain their potential forexploitation.
Protecting areas with potential to recycle water for forestry, agriculture or other usesthat can use treated effluent of an appropriate quality.
Encouraging manufacturing and storage industries that generate significant volumes offreight to locate close to air, rail and road freight terminals.
Developing appropriate infrastructure to meet community demand for energy servicesand setting aside suitable land for future energy infrastructure.
Ensuring adequate separation between existing and future infrastructure and residentialareas.
Concentrating industrial development in locations near road and rail freight networks.
Preventing the loss of industrial land to uses that are better located in Principal andMajor Activity Centres to ensure there is an adequate supply of industrial land for allcategories of industry.
Central Melbourne
Strengthen Central Melbourne’s capital city functions and its role as the primary business,retail, sport and entertainment hub for the metropolitan area by:
Maintaining and building on Central Melbourne’s role as a major hub of transport andcommunications networks and the State’s gateway to the global economy as Victoria’slargest and most varied centre of business, tourist, cultural, entertainment, research andgovernment activities, attracting globally-oriented business activities and tourists fromoverseas and interstate.
Improving the quality and capacity of the public transport system in Central Melbourne.
Maintaining high standards of Central Melbourne’s parks and gardens, conference andexhibition facilities, museums, concert halls and art galleries and other public buildingsand high standards of urban design.
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Locating large-scale sport and entertainment facilities of State or national significancewithin Central Melbourne and close to the Principal Public Transport Network with theYarra River Precinct being Victoria’s premier sport, recreation and entertainmentdestination.
Developing the Yarra River precinct as a vibrant waterfront environment for tourism,commercial and residential activity with high-quality pedestrian and cycling linkages.
Retaining the Central Activities District as the prime office and retailing centre for themetropolitan areas as well as a major destination for visitors.
Developing Southbank and Docklands as mixed residential and commercial precincts.
Supporting research focused uses around the biotechnology research, education andproduction precinct centred in Parkville that are sympathetic to the character andamenity of the area.
Transport and freight
Further develop the key transport gateways and freight links and maintain Victoria’sposition as the nation’s premier logistics centre by:
Identifying and protecting options for access to, and future development at, the ports ofMelbourne, Geelong and Hastings.
Ensuring port areas are protected by adequate buffers to minimise land-use conflict.
Improving rail freight access to ports.
Ensuring that planning and development of the Fishermans Bend precinct does notjeopardise the needs of the Port of Melbourne as a working port and as one of theState’s most important transport gateways.
Retaining the Port of Hastings as a long-term option for future port development shouldthe ports of Melbourne and Geelong no longer meet the State’s needs.
Protecting the region’s airports from incompatible land-uses.
Ensuring that in the planning of airports, land-use decisions are integrated, appropriateland-use buffers are in place and provision is made for associated businesses thatservice airports.
Ensuring the planning of airports identifies and encourages activities that complementthe role of the airport and enables the operator to effectively develop the airport to beefficient and functional and contributes to the aviation needs of the State.
Protecting the curfew-free status of Melbourne Airport.
Protecting the environs of Avalon Airport so it can operate as a full-size jet airportfocusing on freight, training and services for the Geelong region.
Preserving long-term options for a new general aviation airport south-east ofMetropolitan Melbourne by ensuring urban development does not infringe on possiblesites, buffer zones or flight paths.
Recognising Essendon Airport’s current role in providing specialised functions relatedto aviation, freight and logistics and its potential future role as a significant employmentand residential precinct that builds on the current functions.
Maintaining Point Cook Airfield as an operating airport complementary to MoorabbinAirport.
Recognising Moorabbin Airport as an important regional and State aviation asset bysupporting its continued use as a general aviation airport, ensuring future developmentat the site encourages uses that support and enhance the State’s aviation industry and
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supporting opportunities to extend activities at the airport that improve access toregional Victoria.
Ensuring suitable sites for intermodal freight terminals at key locations aroundMetropolitan Melbourne including Tottenham, Somerton and Dandenong are protected.
Improving the freight and logistics network to optimise freight handling.
Innovation and knowledge economy
Create opportunities for innovation and the knowledge economy within existing andemerging industries, research and education by:
Encouraging the expansion and development of logistics and communicationsinfrastructure.
Supporting the development of business clusters.
Promoting a physical environment that is conducive to innovation and to creativeactivities.
Encouraging the provision of infrastructure that helps people to be innovative andcreative, learn new skills and start new businesses in activity centres and near publictransport.
Improving access to tertiary education facilities by concentrating new facilities aroundexisting campuses and requiring new campuses in outer suburbs to be located inPrincipal and Major Activity Centres or as part of Specialised Activity Centres.
Developing the area around Monash University and the Synchrotron site as aSpecialised Activity Centre.
Improving access to community-based information and training through furtherdeveloping libraries as community learning centres.
Supporting well-located, appropriate and low-cost premises for not-for-profit or start-upenterprises.
Telecommunications
Encourage the continued deployment of broadband telecommunications services that areeasily accessible by:
Increasing and improving access for all sectors of the community throughout the regionto the broadband telecommunications trunk network.
Supporting access to transport and other public corridors for the deployment ofbroadband networks in order to encourage infrastructure investment and reduce investorrisk.
12.05 A great place to be
12.05-1 Objective
To create urban environments that are of better quality, safer and more functional, providemore open space and an easily recognisable sense of place and cultural identity.
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12.05-2 Strategies
Urban design
Promote good urban design to make the environment more liveable and attractive by:
Ensuring new development or redevelopment contributes to community and cultural lifeby improving safety, diversity and choice, the quality of living and workingenvironments, accessibility and inclusiveness and environmental sustainability.
Requiring development to respond to its context in terms of urban character, culturalheritage, natural features, surrounding landscape and climate.
Ensuring sensitive landscape areas such as the bays and coastlines are protected and thatnew development does not detract from their natural quality.
Ensuring transport corridors integrate land use planning, urban design and transportplanning and are developed and managed with particular attention to urban designaspects such as open space potential and the use of vegetation to maintain wildlifecorridors and greenhouse sinks.
Improving the landscape qualities, open space linkages and environmental performancein green wedges and conservation areas and non-urban areas.
Cultural identity and neighbourhood character
Recognise and protect cultural identity, neighbourhood character and sense of place by:
Ensuring development responds and contributes to existing sense of place and culturalidentity.
Ensuring development recognises distinctive urban forms and layout and theirrelationship to landscape and vegetation.
Ensuring development responds to its context and reinforces special characteristics oflocal environment and place by emphasising:
The underlying natural landscape character.
The heritage values and built form that reflect community identity.
The values, needs and aspirations of the community.
Safety
Improve community safety and encourage neighbourhood design that makes people feelsafe by:
Ensuring the design of buildings, public spaces and the mix of activities contribute tosafety and perceptions of safety.
Supporting initiatives that provide safer walking and cycling routes and improved safetyfor people using public transport.
Ensuring suitable locations for police stations and fire brigade, ambulance andemergency services are provided for in or near activity centres. In newly developingareas these services should be located together.
Heritage
Protect heritage places and values by:
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Supporting the identification, conservation, protection and management of culturalheritage.
Conserving places of Aboriginal and post contact cultural heritage significance.
Encouraging appropriate development that respects established cultural heritage values.
Supporting adaptive reuse of heritage buildings whose use has become redundant.
Neighbourhood design
Promote excellent neighbourhood design to create attractive, walkable and diversecommunities by:
Applying Neighbourhood Principles to the development of new areas and to majorredevelopment of existing areas, to create liveable neighbourhoods. These principlesinclude:
An urban structure where networks of neighbourhoods are clustered to supportlarger activity centres on the Principal Public Transport Network.
Compact neighbourhoods that are oriented around walkable distances betweenactivities and where neighbourhood centres provide access to services and facilitiesto meet day-to-day needs.
Reduced dependence on car use because public transport is easy to use, there aresafe and attractive spaces for walking and cycling, and subdivision layouts alloweasy movement through and between neighbourhoods.
A range of lot sizes and housing types to satisfy the needs and aspirations ofdifferent groups of people.
Integration of housing, workplaces, shopping, recreation and community services, toprovide a mix and level of activity that attracts people, creates a safe environment,stimulates interaction and provides a lively community focus.
A range of open spaces to meet a variety of needs, with links to open space networksand regional parks where possible.
A strong sense of place created because neighbourhood development emphasisesexisting cultural heritage values, attractive built form and landscape character.
Environmentally friendly development that includes improved energy efficiency,water conservation, local management of stormwater and waste water treatment, lesswaste and reduced air pollution.
Protection and enhancement of native habitat and discouragement of the spread andplanting of noxious weeds.
Comprehensively planning new areas as sustainable communities that offer high-quality, frequent and safe local and regional public transport and a range of localactivities for living, working and recreation.
Clustering of complementary facilities in Neighbourhood Activity Centres to providegood and easy access, opportunities for co-location and the sharing of resources andsupport for local economic activity.
Open space
Improve the quality and distribution of open space and ensure long-term protection ofpublic open space by:
Applying open space planning principles to the planning and management of publicopen space. These principles include:
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Encouraging management plans or explicit statements of management objectives forurban parks to be developed.
Ensuring exclusive occupation of parkland by community organisations is restrictedto activities consistent with management objectives of the park to maximise broadcommunity access to open space.
Ensuring the provision of buildings and infrastructure is consistent with themanagement objectives of the park.
Protecting large regional parks and significant conservation areas.
Ensuring land identified as critical to the completion of open space links istransferred for open space purposes.
Ensuring public access is not prevented by developments along stream banks andforeshores.
Ensuring public land immediately adjoining waterways and coastlines remains inpublic ownership.
Protecting the overall network of open space by ensuring that where there is achange in land use or in the nature of occupation resulting in a reduction of openspace, the overall network of open space is protected by the addition of replacementparkland of equal or greater size and quality.
Providing new parkland in growth areas and in areas that have an undersupply ofparkland.
Ensuring that urban open space provides for nature conservation, recreation andplay, formal and informal sport, social interaction and peace and solitude.Community sports facilities should be accommodated in a way that is notdetrimental to other park activities.
Protecting sites and features of high scientific, nature conservation, biodiversity,heritage, geological or landscape value.
Ensuring open space is designed to accommodate people of all abilities, ages andcultures.
Rectify gaps in the network of metropolitan open space by creating new parks and ensuremajor open space corridors are protected and enhanced by:
Developing open space networks in growth areas, where existing open space is limitedand demand is growing, and in the surrounding region of Metropolitan Melbourneincluding:
Werribee River Regional Park
Werribee Township Regional Park
Kororoit Creek Regional Park
Merri Creek Regional park
Toolern Creek Regional Park
Cranbourne Regional Park
Creating continuous open space links and trails along the:
Western Coastal parklands (linking Point Gellibrand, Point Cook and Werribee)
Merri Creek parklands (extending to Craigieburn)
Maribyrnong River parklands
Frankston parklands (linking existing parks from Carrum to Mornington)
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Providing long term planning protection to meet demand for future open space along thePlenty Gorge parklands, Yarra Valley parklands, Cardinia Creek parklands,Heatherton/Dingley ‘Sandbelt’ parklands and Dandenong Valley parklands.
Ensuring development does not compromise the Yarra River and Maribyrnong Rivercorridors and other waterways as significant open space, recreation, aesthetic,conservation and tourism assets.
Continuing the development of the lower Yarra River as a focus for sport, entertainmentand leisure.
Coastal areas
Improve the environmental health of the bays and their catchments by:
Reducing major environmental pressures associated with urban growth anddevelopment within catchments of Port Phillip Bay and Western Port by:
Requiring growth area planning to protect significant natural assets.
Improving the quality of stormwater entering waterways, particularly that emanatingfrom construction sites and road development.
Improving waterway management arrangements for the whole of the Port Phillip Bayand Western Port catchments.
Protect coastal and foreshore environments and improve public access and recreationfacilities around Port Phillip Bay and Western Port by: Requiring coastal planning and management to be consistent with the Victorian Coastal
Strategy 2002.
Managing privately owned foreshore consistently with the adjoining public land.
Maritime precincts
Develop a network of maritime precincts around Port Phillip and Western Port that serveboth local communities and visitors by:
Maintaining and expanding boating and recreational infrastructure around the bays inmaritime precincts at Frankston, Geelong, Hasting, Hobson’s Bay, Mordialloc,Mornington, Patterson River, Portarlington, Queenscliff, St Kilda, Stony Point/Cowesand Wyndham.
Providing public access to recreational facilities and activities on land and water.
Supporting the development of ecotourism, tourism and major maritime events.
Encouraging high quality urban design that is innovative, sustainable and integratedwith surrounding areas.
Supporting maritime and related industries in appropriate locations.
Tourism
Maintain and develop Metropolitan Melbourne as a desirable tourist destination by:
Maintaining Melbourne's position as a destination in its own right and as a gateway toregional Victoria by:
Facilitating local, national and global connections and alliances.
Developing city precincts and promenades.
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Revitalising the retail core of the Central Activities District.
Nurturing artistic and cultural life.
Improving public facilities, amenities and access.
Maintaining city safety.
Providing information and leisure services.
Integrating communications systems.
Improving transport infrastructure.
Ensuring efficient resource use.
Protecting biodiversity.
12.06 A fairer city
12.06-1 Objective
To provide fairer access to and distribution of social and cultural infrastructure.
12.06-2 Strategies
Affordable housing
Increase the supply of well-located affordable housing by:
Encouraging a significant proportion of new development, including development atactivity centres and strategic redevelopment sites, to be affordable for households onlow to moderate incomes.
Facilitating a mix of private, affordable and social housing in activity centres, strategicredevelopment sites and Transit Cities projects.
Ensuring the redevelopment and renewal of public housing stock better meetscommunity needs.
Social and physical infrastructure
Plan for a more equitable distribution of social infrastructure by:
Identifying gaps and deficiencies in social and cultural infrastructure and encouragingtheir location in activity centres, especially those identified as Principal ActivityCentres.
Improve the coordination and timing of the installation of services and infrastructure in newdevelopment areas by:
Ensuring effective working arrangements between State government agencies, non-government service providers and local councils to coordinate installation ofinfrastructure and services in new development areas.
Supporting opportunities to co-locate facilities.
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Culture and the arts
Develop a strong cultural environment and increase access to arts, recreation and othercultural facilities by:
Encouraging a wider range of arts, cultural and entertainment facilities includingcinemas, restaurants, nightclubs and live theatres, at Principal and Major ActivityCentres.
Reinforcing the existing major precincts for arts, sports and major events of Statewideappeal and establishing new facilities at locations well served by public transport.
12.07 A greener city
12.07-1 Objective
To minimise impacts on the environment to create a sustainable path for future growth anddevelopment.
12.07-2 Strategies
Water resources
Ensure that water resources are managed in a sustainable way by:
Protecting Melbourne’s water catchments and water supply facilities to ensure thecontinued availability of clean, high-quality drinking water.
Encouraging the use of alternative water sources such as rainwater tanks, stormwaterand recycled water by governments, developers and households.
Protecting reservoirs, water mains and local storage facilities from potentialcontaminations.
Ensuring that planning for water supply, sewerage and drainage works receives highpriority in early planning for new developments.
Ensuring the development of new urban areas and green spaces takes advantage of anyopportunities for effluent recycling.
Waste management
Reduce the amount of waste generated and encourage increased reuse and recycling ofwaste materials by:
Establishing new sites and facilities to safely manage Victoria’s solid hazardous wastein areas that will be viable long term and do not adversely affect sensitive land uses.
Providing sufficient waste management facilities to promote recycling.
Encouraging waste generators and businesses that use or recycle waste to locate neareach other.
Ensuring buffers for waste management facilities are protected and maintained.
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Energy use
Contribute to national and international efforts to reduce energy usage and greenhouse gasemission by:
Ensuring that building and subdivision design improves efficiency in energy use.
Improving efficiency in energy use through greater use of renewable energy.
Ensuring Victoria’s greenhouse sinks are protected and enhanced by controlling landclearing, containing the growth of Metropolitan Melbourne and supporting revegetationprograms.
Stormwater management
Reduce the impact of stormwater on bays and catchments by:
Supporting integrated planning of stormwater quality through a mix of on-site measuresand developer contributions.
Mitigating stormwater pollution from construction sites.
Ensuring stormwater and groundwater entering wetlands do not have a detrimentaleffect on the wetlands.
Incorporating water-sensitive urban design techniques into developments to:
Protect and enhance natural water systems.
Integrate stormwater treatment into the landscape.
Protect quality of water.
Reduce run-off and peak flows.
Minimise drainage and infrastructure costs.
Groundwater
Protect groundwater and land resources by:
Preventing the establishment of incompatible land uses in aquifer recharge or salinedischarge areas and in potable water catchments.
Encouraging the siting, design, operation and rehabilitation of landfills to reduce impacton groundwater and surface water.
Air quality
Ensure that land-use and transport planning and infrastructure provision contribute toimproved air quality by:
Integrating transport and land-use planning to improve transport accessibility andconnections.
Locating key developments that generate high volumes of trips in Principal and MajorActivity Centres.
Providing infrastructure for public transport, walking and cycling.
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Native habitat and biodiversity
Protect native habitat and areas of important biodiversity through appropriate land-useplanning by:
Developing regional catchment strategies to guide Landcare projects, local landscapeplans and whole farm plans.
Developing native vegetation management plans to achieve a net gain in nativevegetation by improving and creating habitats.
Protecting critically important flora and fauna habitat and important landscapes such asthe coastal areas, the Dandenong and Yarra Ranges, the Yarra Valley, Western Port andthe Mornington Peninsula.
12.08 Better transport links
12.08-1 Objective
To create a more sustainable transport system by integrating land-use and transport.
12.08-2 Strategies
Principal Public Transport Network
Upgrade and develop the Principal Public Transport Network and local public transportservices to connect activity centres and link Melbourne to the regional cities by:
Establishing fast train services that serve key regional cities and townships and connectthem with Principal and Major Activity Centres along the radial routes leading toCentral Melbourne.
Improving connections to Principal and Major Activity Centres that are not adequatelyserviced by the Principal Public Transport Network and public transport services andinterchanges at stand alone shopping centres.
Ensuring new activity centres are connected to the Principal Public Transport Networkas they develop.
Identifying key strategic transport corridors capable of providing fast, reliable andfrequent public transport services.
Supporting the Principal Public Transport Network with a comprehensive network oflocal public transport services.
Designing local bus services to meet the need for local travel as well as providing forconnections to the Principal Public Transport Network.
Achieving greater use of public transport by increasing densities, maximising the use ofexisting infrastructure and improving the viability of the public transport operation.
Improve the operation of the existing public transport network with faster, more reliableand efficient on-road and rail public transport by:
Improving the movement, efficiency and reliability of the road-based public transportby road-space management measures including transit lanes, clearways, traffic-lightprioritisation and stop design.
Improving the rail network by identifying and treating rail ‘red spots’ and expandingrail corridor speed and loading capacities.
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Transport planning
Plan urban development to make jobs and community services more accessible by:
Coordinating improvements to public transport, walking and cycling networks with theongoing development and redevelopment of the urban area.
Concentrating key trip generators such as higher density residential development andPrincipal, Major and Specialised Activity Centres on the Principal Public TransportNetwork.
Requiring integrated transport plans to be prepared for all new major residential,commercial and industrial developments.
Providing routing, bus stop and interchange arrangements for public transport servicesin new development areas.
Providing safe pedestrian and cycling access to activity centres, public transportinterchanges and other strategic redevelopment sites.
Coordinate development of all transport modes to provide a comprehensive transportsystem by:
Requiring transport system management plans for key transport corridors and for majorinvestment proposals.
Reserving land for strategic transport infrastructure.
Incorporating the provision of public transport and cycling infrastructure in all majornew State and local government road projects.
Review transport practices, including design, construction and management, to reduceenvironmental impacts by:
Careful selection of sites for freight generating facilities to minimise associatedoperational and transport impacts to other urban development and transport networks.
Road network
Manage the road system to achieve integration, choice and balance by developing anefficient and safe network and making the most of existing infrastructure by:
Making better use of roads for all road uses through such techniques as the provision ofwider footpaths, bicycle lanes, transit lanes (for buses and taxis) and specific freightroutes.
Selectively expanding and upgrading the road network to provide for:
High-quality connections between regional cities.
Upgrading of key freight routes.
Ongoing development in outer suburban areas.
Higher standards of on-road public transport.
Improved key cross-town arterial links in the outer suburbs.
Improving road networks where public transport is not viable, and where the roaddevelopment is compatible with the Neighbourhood Principles and urban designobjectives.
Improving roads in developing outer-suburban areas to cater for car, public transport,and freight, commercial and service users.
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Improving the management of key freight routes to make freight operations moreefficient while reducing their external impacts.
Ensuring that road space complements land use and is managed to meet community andbusiness needs.
Upgrading major arterial road links from Metropolitan Melbourne to regional cities.
Walking and cycling
Give more priority to walking and cycling in planning urban development and in managingthe road system and neighbourhoods by:
Ensuring Neighbourhood Activity Centres are located within convenient walkingdistance in the design of new subdivisions.
Encouraging the use of walking and cycling by creating environments that are safe andattractive.
Developing high quality pedestrian environments that are accessible to footpath-boundvehicles such as wheelchairs, prams and scooters.
Developing local cycling networks and new cycling facilities that link to andcomplement the metropolitan-wide network of bicycle routes – the Principal BicycleNetwork.
Providing improved facilities, particularly storage, for cyclists at public transportinterchanges and rail stations.
Providing bicycle end of trip facilities in commercial buildings.
Promote the use of sustainable personal transport options by:
Ensuring development provides opportunities to create more sustainable transportoptions such as walking, cycling and public transport.
12.09 Geographic strategies
Decision making by planning and responsible authorities must have regard to the followingincorporated documents (as relevant):
Activity Centres and Principal Public Transport Network Plan (2003).
Growth Area Framework Plans (Department of Sustainability and Environment 2006)
and the following reference documents (as relevant):
Melbourne 2030 – Planning for Sustainable Growth (Department of Infrastructure2002).
The applicable Precinct Structure Plan Guidelines approved by the Minister forPlanning.
Upper Yarra Valley and Dandenong Ranges Region - Regional Strategy Plan (1996).
Port Phillip and Westernport Regional Catchment Strategy (Port Phillip RegionalCatchment and Land Protection Board 1997).
Victorian Coastal Strategy (Victorian Coastal Council 2002).
Victorian Heritage Strategy (Heritage Victoria 2000).
Linking People and Spaces: A Strategy for Melbourne’s Open Space Network (ParksVictoria 2002).
Growing Victoria Together (Department of Premier and Cabinet 2001).
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The Victorian Greenhouse Strategy (Department of Natural Resources and Environment2002).
Flora and Fauna Guarantee Strategy: Victoria’s Biodiversity (Department of NaturalResources and Environment 1997).
Maribyrnong River – Vision for Recreational and Tourism Development (MelbourneParks and Waterways 1996).
Public Transport Guidelines for Land Use and Development (Department of Transport2008).
Our Bays Vision: The Bays and Maritime Initiative (Parks Victoria 2009)
Boating Coastal Action Plan (Central Coastal Board 2007)
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14 SETTLEMENT
14.01 Planning for urban settlement
14.01-1 Objective
To ensure a sufficient supply of land is available for residential, commercial, industrial,recreational, institutional and other public uses.
To facilitate the orderly development of urban areas.
14.01-2 General implementation
Planning authorities should plan to accommodate projected population growth over at leasta 10 year period, taking account of opportunities for redevelopment and intensification ofexisting urban areas as well as the limits of land capability and natural hazards,environmental quality and the costs of providing infrastructure.
In planning for urban growth, planning authorities should encourage consolidation ofexisting urban areas while respecting neighbourhood character. Planning authorities shouldencourage higher density and mixed use development near public transport routes.
Planning authorities should facilitate the orderly development of developing urban areasthrough the preparation of structure plans or precinct structure plans. The plans should takeinto account the strategic and physical context of the location, provide for the developmentof sustainable and liveable urban areas in an integrated manner, facilitate the developmentof walkable neighbourhoods and facilitate the logical and efficient provision ofinfrastructure.
Structure plans may consist of a hierarchy of plans that provide the broad planningframework for an area as well as the more detailed planning requirements forneighbourhoods and precincts within an area. Planning authorities should facilitate thepreparation of a hierarchy of plans appropriate for the development of an area.
Precinct structure plans for land in the Urban Growth Zone are to be prepared inaccordance with the applicable Precinct Structure Planning Guidelines approved by theMinister for Planning.
Responsible authorities should use any relevant structure plan or precinct structure plan inconsidering applications for subdivision.
Environmentally sensitive areas with significant recreational value such as the Dandenongand Macedon Ranges, the Upper Yarra Valley, Western Port and Port Phillip Bays and theirforeshores, the Mornington Peninsula, the Yarra and Maribyrnong Rivers and the MerriCreek, the Grampians, the Gippsland Lakes and its foreshore, the coastal areas and theirforeshores and the Alpine areas as well as nominated urban conservation areas, historicbuildings and precincts should be protected from development which would diminish theirenvironmental conservation or recreation values.
Decision making by planning and responsible authorities must be consistent with anyrelevant requirements of State environment protection policies and waste managementpolicies.
14.01-3 Geographic strategies
In planning for urban growth, planning authorities should have particular regard to theVictorian Government population projections and land supply estimates.
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15 ENVIRONMENT
15.01 Protection of catchments, waterways and groundwater
15.01-1 Objective
To assist the protection and, where possible, restoration of catchments, waterways, waterbodies, groundwater, and the marine environment.
15.01-2 General implementation
Decision-making by planning and responsible authorities must be consistent with anyrelevant requirements of State environment protection policy (Waters of Victoria).
Catchment planning and management
Planning authorities must have regard to relevant aspects of:
Any regional catchment strategies approved under the Catchment and Land ProtectionAct 1994 and any associated implementation plan or strategy, including regional riverhealth strategies, regional wetland plans, regional vegetation plans, regional drainageplans, regional development plans, catchment action plans, landcare plans, andmanagement plans for roadsides, soil, salinity, water quality and nutrients, floodplains,heritage rivers, river frontages and waterways.
Any Action Statements and management plans prepared under the Flora and FaunaGuarantee Act 1988.
Any special area plans approved under the Catchment and Land Protection Act 1994.Planning and responsible authorities should coordinate their activities with those of theBoards of catchment management authorities appointed under the Catchment and LandProtection Act 1994 and consider any relevant management plan or works programapproved by a catchment management authority.
Planning and responsible authorities should consider the impacts of catchment managementon downstream water quality and freshwater, coastal and marine environments and, wherepossible should encourage:
The retention of natural drainage corridors with vegetated buffer zones at least 30mwide along waterways to maintain the natural drainage function, stream habitat andwildlife corridors and landscape values, to minimise erosion of stream banks and vergesand to reduce polluted surface runoff from adjacent land uses.
Measures to minimise the quantity and retard the flow of stormwater runoff fromdeveloped areas.
Measures, including the preservation of floodplain or other land for wetlands andretention basins, to filter sediment and wastes from stormwater prior to its discharge intowaterways.
Responsible authorities should ensure that works at or near waterways provide for theprotection and enhancement of the environmental qualities of waterways and their instreamuses and are consistent with Guidelines for Stabilising Waterways (Rural WaterCommission 1991) and Environmental Guidelines for River Management Works(Department of Conservation and Environment 1990), and should have regard to anyrelevant regional river health program, river and wetland restoration plans or waterway andwetland management works programs approved by a catchment management authority.
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Water quality protection
Planning and responsible authorities should ensure that land use activities potentiallydischarging contaminated runoff or wastes to waterways are sited and managed to minimisesuch discharges and to protect the quality of surface water and ground water resources,rivers, streams, wetlands, estuaries and marine environments.
Incompatible land use activities should be discouraged in areas subject to flooding, severesoil degradation, groundwater salinity or geotechnical hazards where the land cannot besustainably managed to ensure minimum impact on downstream water quality or flowvolumes.
Planning and responsible authorities should ensure land use and development proposalsminimise nutrient contributions to waterways and water bodies and the potential for thedevelopment of algal blooms, consistent with the State environment protection policy(Waters of Victoria), the Victorian Nutrient Management Strategy (Government of Victoria1995) and the Urban Stormwater Best Practice Environmental Management Guidelines(CSIRO 1999).
Responsible authorities should use appropriate measures to restrict sediment dischargesfrom construction sites in accordance with Construction Techniques for Sediment PollutionControl (EPA 1991), Environmental Guidelines for Major Construction Sites (EPA 1996 -Publication 480) and Doing it Right on Subdivisions: Temporary Environment ProtectionMeasures for Subdivision Construction Sites (EPA 2004 - Publication 960).
Planning and responsible authorities should utilise mapped information available from theDepartment of Sustainability and Environment to identify the beneficial uses ofgroundwater resources and have regard to potential impacts on these resources of proposedland use or development.
15.01-3 Geographic strategies
Planning and responsible authorities should have regard to regional catchment strategiesand regional river health strategies where relevant.
For land adjoining the Murray River, planning and responsible authorities should considerthe recommendations of the Murray River Regional Environmental Plan No 2 (REP2) ofNew South Wales.
15.02 Floodplain management
15.02-1 Objective
To assist the protection of:
Life, property and community infrastructure from flood hazard.
The natural flood carrying capacity of rivers, streams and floodways.
The flood storage function of floodplains and waterways.
Floodplain areas of environmental significance or of importance to river health.
15.02-2 General implementation
Planning controls for areas subject to flooding should be consistent throughout the State.
Flood risk must be considered in the preparation of planning schemes and land use planningdecisions to avoid intensifying the impacts of flooding through inappropriately located usesand developments.
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Planning authorities should have regard to the following documents when preparingplanning schemes for areas affected by flooding:
Regional catchment strategies and special area plans approved by the Minister forEnvironment and Water.
State environment protection policy (Waters of Victoria).
Any floodplain management manual of policy and practice, or catchment management,river health, wetland or floodplain management strategy adopted by the relevantresponsible floodplain management authority.
Any best practice environmental management guidelines for stormwater adopted by theEnvironment Protection Authority.
Land affected by flooding, including floodway areas, as verified by the relevant floodplainmanagement authority, should be shown on planning scheme maps. Land affected byflooding is land inundated by the 1 in 100 year flood event or as determined by thefloodplain management authority.
Emergency facilities (including hospitals, ambulance stations, police stations, fire stations,transport facilities, communications facilities, community shelters and education centres)must be located outside the 1 in 100 year floodplain and, where possible, at levels above theheight of the probable maximum flood.
Developments and uses which involve the storage or disposal of environmentally hazardousindustrial and agricultural chemicals or wastes and other dangerous goods (includingpiggeries, poultry farms, feedlots and sewage treatment plants) must not be located onfloodplains unless site design and management is such that potential contact between suchsubstances and floodwaters is prevented, without affecting the flood carrying and floodstorage functions of the floodplain.
15.03 Salinity
15.03-1 Objective
To minimise the impact of salinity and rising watertables on land uses, buildings andinfrastructure in rural and urban areas and areas of environmental significance and reducesalt loads in rivers.
15.03-2 General implementation
Planning and responsible authorities should use zoning, overlay controls and permitconditions to:
Promote vegetation retention and replanting in aquifer recharge areas contributing togroundwater salinity problems.
Prevent inappropriate development in areas affected by groundwater salinity.
Planning authorities should have regard to the following documents in planning for areasaffected by salinity:
A Local Government Planning Guide for Dryland Salinity (Department of Conservationand Natural Resources 1995).
Any relevant regional catchment strategy and any associated implementation plan orstrategy (particularly salinity management plans and regional vegetation plans), as wellas special area plans approved under the Catchment and Land Protection Act 1994.
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15.04 Air quality
15.04-1 Objective
To assist the protection and improvement of air quality.
15.04-2 General implementation
Decision-making by planning and responsible authorities must be consistent with anyrelevant requirements of the State environment protection policy (Air QualityManagement).
Planning and responsible authorities should ensure that development is not prejudiced andcommunity amenity is not reduced by air emissions by ensuring, wherever possible, thatthere is suitable separation between potentially amenity reducing and sensitive land usesand developments. Consideration should be given to Recommended Buffer Distances forIndustrial Residual Air Emissions (EPA 1990) to determine the extent of separation.
Responsible authorities should have regard to the potential for conflict between land uses ordevelopment within a zone due to air emission impacts.
15.05 Noise abatement
15.05-1 Objective
To assist the control of noise effects on sensitive land uses.
15.05-2 General implementation
Planning and responsible authorities should ensure that development is not prejudiced andcommunity amenity is not reduced by noise emissions, using a range of building design,urban design and land use separation techniques as appropriate to the land use functions andcharacter of the area.
Decision-making by planning and responsible authorities must be consistent with anyrelevant aspects of the following documents:
State environment protection policy (Control of Noise from Commerce, Industry andTrade) No. N-1 (in metropolitan Melbourne).
Interim Guidelines for Control of Noise from Industry in Country Victoria (EPA 1989).
State environment protection policy (Control of Music Noise from Public Premises) No.N-2.
15.06 Soil contamination
15.06-1 Objective
To ensure that potentially contaminated land is suitable for its intended future use anddevelopment, and that contaminated land is used safely.
15.06-2 General implementation
Minister’s Direction No. 1 under the Planning and Environment Act 1987 applies to thepreparation of a planning scheme or amendment which would have the effect of allowing
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land used or known to have been used for industry, mining or the storage of chemicals, gas,wastes or liquid fuel to be used for agriculture, public open space or a residential use, achild care centre, a pre-school centre or a primary school.
In considering applications for use of land used or known to have been used for industry,mining or the storage of chemicals, gas, wastes or liquid fuel, responsible authorities shouldrequire applicants to provide adequate information on the potential for contamination tohave adverse effects on the future land use.
Planning and responsible authorities should have regard to the following documents whenmaking decisions regarding contaminated land:
State Environment Protection Policy - Prevention and Management of Contamination ofLand (June 2002)
National Environment Protection (Assessment of Site Contamination) Measure(National Environment Protection Council, 1999)
Relevant Information Bulletins published by the Environment Protection Authority.
15.07 Protection from wildfire
15.07-1 Objective
To assist the minimisation of risk to life, property, the natural environment and communityinfrastructure from wildfire.
15.07-2 General implementation
In consultation with relevant fire authorities, planning authorities must identify wildfire riskenvironments in planning schemes.
Fire hazards must be considered in planning decisions affecting wildfire risk environmentsto avoid intensifying the risk through inappropriately located or designed uses ordevelopments.
Planning and responsible authorities must have regard to the following documents whenconsidering land use or development in wildfire risk environments:
Municipal Fire Prevention Plans.
Code of Practice for Fire Management on Public Land (Department of Sustainabilityand Environment, Revision No. 1 February 2006).
Bushfire Prone Areas (Building Control Commission and Country Fire Authority 1995).
Wildfire Intensity Maps prepared by the Country Fire Authority.
Building in bushfire-prone areas - CSIRO & Standards Australia (SAA HB36-1993),May 1993.
Requirements for Water Supplies and Access for Subdivisions in Residential 1 and 2and Township Zones (Country Fire Authority 2004).
Planning Conditions and Guidelines for Subdivisions (Country Fire Authority 1991).
Any relevant regional catchment strategy.The advice of the relevant fire authority should be sought if compliance with the abovecodes of practice or guidelines is not likely or additional measures are believed necessary.
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15.08 Coastal Areas
15.08-1 Objective
To protect and enhance the natural ecosystems and landscapes of the coastal estuarine andmarine environment.
To ensure sustainable use of natural coastal resources.
To achieve development that provides an environmental, social and economic balance.
To recognise and enhance the community’s value of the coast.
To plan for and manage the potential coastal impacts of climate change.
15.08-2 Strategies
Integrated planning for the future
Land use and development planning should be coordinated with the requirements of theCoastal Management Act 1995 to:
Provide clear direction for the future sustainable use of the coast, including the marineenvironment, for recreation, conservation, tourism, commerce and similar uses inappropriate areas.
Protect and maintain areas of environmental significance.
Identify suitable areas and opportunities for improved facilities.
Decision-making by planning authorities and responsible authorities should apply thehierarchy of principles for coastal planning and management as set out in the VictorianCoastal Strategy 2008, which are:
1. Provide for the protection of significant environmental and cultural values.
2. Undertake integrated planning and provide clear direction for the future.
3. Ensure the sustainable use of natural coastal resources.
When the above principles have been considered and addressed:
4. Ensure development on the coast is located within existing modified and resilientenvironments where the demand for development is evident and the impact can bemanaged.
Managing coastal hazards and the coastal impacts of climate change
Planning to manage coastal hazards and the coastal impacts of climate change should:
Plan for sea level rise of not less than 0.8 metres by 2100, and allow for the combinedeffects of tides, storm surges, coastal processes and local conditions such as topographyand geology when assessing risks and coastal impacts associated with climate change.
Apply the precautionary principle to planning and management decision-making whenconsidering the risks associated with climate change.
Ensure that new development is located and designed to take account of the impacts ofclimate change on coastal hazards such as the combined effects of storm tides, riverflooding, coastal erosion and sand drift.
Ensure that land subject to coastal hazards are identified and appropriately managed toensure that future development is not at risk.
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Avoid development in identified coastal hazard areas susceptible to inundation (bothriver and coastal), erosion, landslip/landslide, acid sulfate soils, wildfire andgeotechnical risk.
Population growth and sustainable development
Planning for population growth and sustainable development should:
Identify a clear settlement boundary around coastal settlements to ensure that growth incoastal areas is planned and coastal values protected. Where no settlement boundary isidentified, the extent of a settlement is defined by the extent of existing urban zonedland and any land identified on a plan in the planning scheme for future urbansettlement.
Direct residential and other urban development and infrastructure within definedsettlement boundaries of existing settlements that are capable of accommodating growth.
Support a network of diverse coastal settlements which provides for a broad range ofhousing types, economic opportunities and services.
Ensure a sustainable water supply, stormwater and sewerage treatment for alldevelopment.
Encourage urban renewal and redevelopment opportunities within existing settlementsto reduce the demand for urban sprawl.
Avoid linear urban sprawl along the coastal edge and ribbon development within rurallandscapes and protect areas between settlements for non-urban use.
Encourage opportunities to restructure old and inappropriate subdivisions to reducedevelopment impacts on the environment.
Ensure development is sensitively sited and designed and respects the character ofcoastal settlements.
Minimise the quantity and enhance the quality of storm water discharge from newdevelopment into the ocean, bays and estuaries.
Promote ecological sustainable design techniques such as energy efficiency and watersensitive urban design.
Avoid development on ridgelines, primary coastal dune systems and low lying coastalareas.
Sustainable use, protection and management of environmental and culturalvalues
Planning for sustainable use, protection and management of significant environmental andcultural values should:
Ensure development conserves, protects and seeks to enhance coastal biodiversity andecological values by:
Encouraging revegetation of cleared land abutting coastal reserves.
Maintaining the natural drainage patterns, water quality and biodiversity within andadjacent to coastal estuaries, wetlands and waterways.
Avoiding disturbance of coastal acid sulfate soils.
Protect cultural heritage places, including Aboriginal places, archaeological sites andhistoric shipwrecks.
Ensure that use and development on or adjacent to coastal foreshore Crown land:
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Maintains safe, equitable public access and improves public benefit whilst protectinglocal environmental and social values.
Demonstrates need and coastal dependency.
Is located within a defined activity or recreation node.
Encourage suitably located and designed coastal and marine tourism opportunitieswhich:
Ensure that a diverse range of accommodation options and coastal experience aremaintained and provided for and that sites and facilities are accessible to all.
Demonstrate a tourist accommodation need and support a nature based approachwithin non-urban areas.
Are of an appropriate scale, use and intensity relative to its location and minimisesimpacts on the surrounding natural visual, environmental and coastal character.
Planning for the Great Ocean Road Region
In addition to the land use and development strategies above, planning for the Great OceanRoad Region should:
Protect the landscape and environment by:
Protecting public land and parks and identified significant landscapes.
Ensuring development responds to the identified landscape character of the area.
Managing the impact of development on catchments and coastal areas.
Managing the impact of development on the environmental and cultural values of thearea.
Manage the growth of towns by: Respecting the character of coastal towns and promoting best practice design for
new development.
Directing urban growth to strategically identified areas.
Encouraging environmentally sustainable development.
Improve the management of access and transport by:
Managing the Great Ocean Road for tourism and regional access.
Enhancing the safety and travelling experience of the Great Ocean Road.
Improving the safety and operational performance of the inland routes from thePrinces Highway to the Great Ocean Road.
Providing travel choices to and within the region.
Encourage sustainable tourism and resource use by:
Developing a network of tourism opportunities throughout the region.
Supporting tourism activities that provide environmental, economic and socialbenefits.
Supporting the land use and transport needs of key regional industries includingtourism.
Using natural resources with care.
15.08-3 Geographic strategies
Decision making by planning and responsible authorities should be consistent with:
The Victorian Coastal Strategy 2008.
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The Great Ocean Road Region - A Land Use and Transport Strategy (Department ofSustainability and Environment, 2004)
The purpose for which land is reserved under the Crown Land (Reserves) Act 1978.
Any relevant State environment protection policy.
Any relevant coastal action plan or management plan approved under the CoastalManagement Act 1995 or National Parks Act 1975.
Any approved recommendations from the Land Conservation Council or the VictorianEnvironment Assessment Council.
and have regard to (as relevant): The Coastal Spaces Landscape Assessment Study (Department of Sustainability and
Environment, 2006).
The Great Ocean Road Landscape Assessment Study (Department of Sustainability andEnvironment, 2004).
The Siting and Design Guidelines for Structures on the Victorian Coast (VictorianCoastal Council, 1998).
15.09 Conservation of native flora and fauna
15.09-1 Objective
To assist the protection and conservation of biodiversity, including native vegetationretention and provision of habitats for native plants and animals and control of pest plantsand animals.
15.09-2 General implementation
Planning authorities should have regard to The National Strategy for the Conservation ofAustralia’s Biological Diversity (Department of Environment, Sport and Territories 1996),any Strategy, relevant Governor-in-Council orders and Action Statements prepared underthe Flora and Fauna Guarantee Act 1988, and any relevant regional catchment strategy andassociated implementation plans and strategies, particularly regional vegetation plans androadside management strategies, as well as special area plans approved under theCatchment and Land Protection Act 1994, when preparing planning scheme amendments ormunicipal strategic statements affecting native vegetation, flora, fauna, waterways orwetlands.
Planning authorities should utilise mapped information available from the Department ofSustainability and Environment to identify areas of significant native vegetation andbiodiversity.
Decision-making by planning and responsible authorities should:
Assist the protection of conservation values of national parks and conservation reserves.
Assist the conservation of the habitats of threatened and endangered species andcommunities as identified under the Flora and Fauna Guarantee Act 1988, includingcommunities under-represented in conservation reserves such as native grasslands,grassy woodlands and wetlands.
Address potentially threatening processes identified under the Flora and FaunaGuarantee Act 1988.
Assist re-establishment of links between isolated habitat remnants.Planning and responsible authorities must have regard to Victoria’s Native VegetationManagement – A Framework for Action (Department of Natural Resources and
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Environment 2002). If a permit is required to remove native vegetation, or an amendmentto this scheme or an application for subdivision could result in the removal of nativevegetation, planning and responsible authorities should follow the three-step approach asdefined in the Framework. This is achieved firstly, as a priority, by avoiding the removal ofnative vegetation; secondly, if the removal of native vegetation cannot be avoided, byminimising the loss of native vegetation through appropriate consideration in planningprocesses and expert input into project design or management; and thirdly, by identifyingappropriate offset actions.
Planning and responsible authorities must ensure that any changes in land use ordevelopment would not adversely affect the habitat values of wetlands and wetland wildlifehabitats designated under the Convention on Wetlands of International Importance (theRamsar Convention) or utilised by species designated under the Japan-Australia MigratoryBirds Agreement (JAMBA) or the China-Australia Migratory Birds Agreement (CAMBA).
Planning and responsible authorities should consider the potential impacts of land use anddevelopment on the spread of plant and animal pests from areas of known infestation intonatural ecosystems.
Responsible authorities should ensure that the siting of new buildings and works minimisesthe removal or fragmentation of native vegetation.
Responsible authorities should encourage the use of property vegetation plans or worksprograms and consider the need to protect waterways and soil from degradation that mayresult from the loss of native vegetation and the use of voluntary conservation agreementsbetween land owners and the Department of Sustainability and Environment.
15.10 Open space
15.10-1 Objective
To assist creation of a diverse and integrated network of public open space commensuratewith the needs of urban communities and rural areas.
15.10-2 General implementation
Planning authorities should plan for regional open space networks to be used for recreationand conservation of natural and cultural environments.
Planning and responsible authorities should ensure that open space networks:
Are linked through the provision of walking and cycle trails and rights of way.
Are integrated with open space contributions from abutting subdivisions.
Incorporate, where possible, links between major parks and activity areas, alongwaterways and natural drainage corridors, connecting places of natural and culturalinterest, as well as maintaining public accessibility on public land immediately adjoiningwaterways and coasts.
Planning and responsible authorities should ensure that land is set aside and developed inresidential areas for local recreational use and to create pedestrian and bicycle links tocommercial and community facilities.
Planning and responsible authorities should ensure that land use and development adjoiningregional open space networks, national parks and conservation reserves complements theopen space in terms of visual and noise impacts, treatment of waste water to reduceturbidity or pollution and preservation of vegetation.
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15.11 Heritage
15.11-1 Objective
To assist the conservation of places that have natural, environmental, aesthetic, historic,cultural, scientific or social significance or other special value important for scientific andresearch purposes, as a means of understanding our past, as well as maintaining andenhancing Victoria’s image and making a contribution to the economic and cultural growthof the State.
15.11-2 General implementation
Planning and responsible authorities should identify, conserve and protect places of naturalor cultural value from inappropriate development. These include:
Places of botanical, zoological or other scientific importance, including national parksand conservation reserves and the habitats of rare or endangered plants and animals.
Places and sites of geological, palaeontological or other scientific importance, includingrock formations and fossil sites.
Places of Aboriginal cultural heritage significance and historical and archaeologicalsites.
Sites associated with the European discovery, exploration and settlement of Victoria.
Important buildings, structures, parks, gardens, sites, areas, landscapes, towns and otherplaces associated with the historic and cultural development of Victoria, includingplaces associated with pastoral expansion, gold mining, industrial development and theeconomic expansion and growth of Victoria.
Planning and responsible authorities should take account of the findings andrecommendations of the Victorian Heritage Council and the provisions of the Heritage Act1995.
Planning authorities should have regard to Local Government Heritage Guidelines(Department of Planning and Housing 1991) when preparing planning schemes oramendments to assist the conservation and enhancement of places, sites and objects of non-Aboriginal cultural heritage value.
Planning and responsible authorities must take account of the requirements of theAboriginal Heritage Act 2006.
15.12 Energy efficiency
15.12-1 Objective
To encourage land use and development that is consistent with the efficient use of energyand the minimisation of greenhouse gas emissions.
15.12-2 General implementation
Planning and responsible authorities should:
Promote energy efficient building and subdivision design.
Promote consolidation of urban development and integration of land use and transport.
Encourage retention of existing vegetation or revegetation as part of subdivision anddevelopment proposals.
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15.13 Alpine areas
15.13-1 Objective
To protect and manage significant environmental features and ecosystems and facilitatesustainable use and development of Alpine Resorts for year round use and activity, and toprovide a framework for the planning of the alpine areas.
15.13-2 General implementation
The Alpine Resorts 2020 Strategy provides a framework for the sustainable long termplanning and management of Victoria’s six alpine resorts: Falls Creek, Lake Mountain,Mount Baw Baw, Mount Buller, Mount Hotham and Mount Stirling. Planning andresponsible authorities should have regard to the strategic directions contained within theAlpine Resorts 2020 Strategy.
Planning and responsible authorities, in conjunction with the Resort Management Boards,should develop, monitor and regularly review Alpine Resort Environmental ManagementPlans and Comprehensive Development Plans for each alpine resort, recognising theirunique characteristics, constraints and opportunities. In doing so, the distinct environments,infrastructure needs and capabilities to support different activities of the alpine resorts ofFalls Creek, Lake Mountain, Mt Baw Baw, Mt Buller, Mt. Hotham and Mt Stirling andother alpine areas should be considered.
Planning and responsible authorities should maintain a close working relationship withResort Management Boards recognising that ongoing implementation of approved plansand management of developments is crucial to the effective operation of the alpine resortsand protection of alpine resources.
Planning authorities and responsible authorities should:
Take into account the sensitive and fragile nature of the alpine environment.
Ensure that there is a mixture of uses and developments to cater for users of the alpineareas in all seasons.
Provide for the development of consolidated alpine villages, including a diverse rangeof employment, social and economic opportunities.
Ensure that proposals for use and development are generally in accordance with anyapproved Comprehensive Development Plan and comply with any approved AlpineResort Environmental Management Plan.
Encourage best practice for low impact and environmentally sensitive management thatminimise disturbance of indigenous flora and fauna and sensitive landscape in bothconstruction and operation of all developments.
Encourage best practice in design that responds to the alpine character and historiesderived from Aboriginal cultural heritage and post contact European heritage includingmining, logging, grazing and recreation.
Planning and responsible authorities should ensure that increases in skier, pedestrian andvehicular activity in the resorts do not compromise public safety or the accessibility andcapacity of skifields, services, commercial activity and development of trailheads.
Planning and responsible authorities should have regard to the Alpine Development Code1997 and to any relevant approved Land Conservation Council or EnvironmentConservation Council recommendations.
Decision making by planning and responsible authorities should be consistent with anyrelevant State environment protection policy as varied form time to time.
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15.13-3 Geographic Strategies
In planning for Alpine areas planning authorities and responsible authorities should:
Promote development for active recreation solely at Falls Creek, Lake Mountain, MtBuffalo, Mt Baw Baw, Mt Buller and Mt Hotham.
Promote intensive residential and commercial development at Falls Creek, Mt BawBaw, Mt Buller and Mt Hotham.
Maintain Mt Stirling as an all season nature based tourist, recreational and educationalresource.
Planning authorities should have regard to:
The Memorandum of Understanding in relation to the Co-operative Management of theAustralian Alps National Parks agreed to by the member states and territories ofVictoria, Australian Capital Territory and New South Wales.
Any approved management plans and guidelines endorsed by the Minister forEnvironment and Water.
Alpine Resorts 2020 Strategy.
15.14 Renewable energy
15.14-1 Objective
To promote the provision of renewable energy in a manner that ensures appropriate sitingand design considerations are met.
15.14-2 General implementation
Planning should facilitate renewable energy development in appropriate locations.
Planning should consider the economic and environmental benefits to the broadercommunity of renewable energy generation and the effects on the local environment.
In planning for wind energy facilities, planning should:
Facilitate the consideration of wind energy development proposals;
Recognise that economically viable wind energy facilities are dependent on locationswith consistently strong winds over the year and that such sites may be highly localised;and
must take into account the Policy and Planning Guidelines for Development of WindEnergy Facilities in Victoria, 2009.
In considering proposals for renewable energy, planning and responsible authorities shouldhave regard to the Renewable Energy Action Plan, July 2006.
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16 HOUSING
16.01 Residential development for single dwellings
16.01-1 Objective
To encourage:
Subdivisions in locations with access to physical and community infrastructure andproviding a range of lot sizes, a convenient and safe road network, appropriatepedestrian and cycle paths, sufficient useable public open space and low vulnerability tofire.
Residential development that is cost-effective in infrastructure provision and use, energyefficient, incorporates water-sensitive design principles and encourages public transportuse.
Opportunities for increased residential densities to help consolidate urban areas.
16.01-2 General implementation
Maximum use should be made of Clause 56 to plan subdivisions for development of singlehouses.
16.02 Medium density housing
16.02-1 Objective
To encourage the development of well-designed medium-density housing which:
Respects the neighbourhood character.
Improves housing choice.
Makes better use of existing infrastructure.
Improves energy efficiency of housing.
16.02-2 General implementation
Responsible authorities should use Clause 54 and Clause 55 in considering applications formedium-density housing.
16.03 Rural living and rural residential development
16.03-1 Objective
To identify land suitable for rural living and rural residential development.
16.03-2 General implementation
Minister’s Direction No 6, Rural Residential Development applies to the preparation ofplanning scheme amendments to allow rural residential development.
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Land should only be zoned for rural living or rural residential development where it:
Is located close to existing towns and urban centres, but not in areas that will be requiredfor fully serviced urban development.
Can be supplied with electricity and water and good quality road access.Land should not be zoned for rural living or rural residential development if it will encroachon high quality productive agricultural land or adversely impact on waterways or othernatural resources.
Planning authorities and responsible authorities, in considering proposed residentialdevelopment in the vicinity of:
Cattle feedlots, should have regard to the Victorian Code for Cattle Feedlots(Department of Agriculture, Energy and Minerals, 1995).
Broiler farms, should have regard to the Victorian Code for Broiler Farms 2009.
16.04 Crisis accommodation and community care units
16.04-1 Objective
To encourage the establishment of crisis accommodation and community care units inresidential areas and to ensure that their location is kept confidential.
16.04-2 General implementation
Planning schemes must not require a planning permit for or prohibit the use of a dwelling ofup to 10 habitable rooms in a residential area as shared housing or crisis accommodation.
Planning schemes must not identify the site of a community care unit or a dwelling used forcrisis accommodation as having that use.
Planning schemes must not require a permit for or prohibit the use of buildings forcommunity care units (with accommodation for no more than 20 clients plus supervisorystaff) in areas used mainly for housing.
16.05 Affordable housing
16.05-1 Objective
To deliver more affordable housing closer to jobs, transport and services.
16.05-2 Strategies
Improve housing affordability by:
Ensuring land supply continues to be sufficient to meet demand.
Increasing choice in housing type, tenure and cost to meet the needs of households asthey move through life cycle changes and to support diverse communities.
Promoting good housing and urban design to minimise negative environmental impactsand keep down costs for residents and the wider community.
Increase the supply of well-located affordable housing by:
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Encouraging a significant proportion of new development, including development atactivity centres and strategic redevelopment sites, to be affordable for households onlow to moderate incomes.
Facilitating a mix of private, affordable and social housing in activity centres, strategicredevelopment sites and Transit Cities projects.
Ensuring the redevelopment and renewal of public housing stock better meetscommunity needs.
16.06 Residential aged care facilities
16.06-1 Objective
To facilitate the timely development of residential aged care facilities to meet existing andfuture needs.
To encourage well-designed and appropriately located residential aged care facilities.
16.06-2 Strategies
Encourage planning for housing that:
Enables older people to live in appropriate housing in their local community.
Delivers an adequate supply of land or redevelopment opportunities for residentialaged care facilities.
Recognises that residential aged care facilities contribute to housing diversity andchoice.
Recognises that residential aged care facilities are an appropriate use in a residentialarea.
Recognises that residential aged care facilities are different to dwellings in theirpurpose and function, and will have a different built form (including height, scale andmass).
Planning authorities should ensure local housing strategies, precinct structure plans, andactivity centre structure plans:
Provide for a mix of housing for older people with appropriate access to care andsupport services.
Direct residential aged care facilities to locations close to services and public transport.
Take into account the Commonwealth Government’s planning ratios for the provisionof aged care places under the Aged Care Act 1997.
Responsible authorities should ensure that:
Residential aged care facilities are located in residential areas, activity centres andstrategic redevelopment areas, close to services and public transport.
Proposals to establish residential aged care facilities early in the life of a growth areaare in locations that will have early access to services and public transport.
Residential aged care facilities are designed to respond to the site and its context.
Residential aged care facilities aspire to high urban design and architectural standards.
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17 ECONOMIC DEVELOPMENT
17.01 Activity centres
17.01-1 Objective
To encourage the concentration of major retail, commercial, administrative, entertainmentand cultural developments into activity centres (including strip shopping centres) whichprovide a variety of land uses and are highly accessible to the community.
17.01-2 General implementation
Activity centres should be planned to:
Provide a range of shopping facilities in locations which are readily accessible to thecommunity.
Incorporate and integrate a variety of land uses, including retail, office, education,human services, community facilities, recreation, entertainment and residential useswhere appropriate.
Provide good accessibility by all available modes of transport (particularly publictransport) and safe pedestrian and cycling routes, and to encourage multi-purpose trip-making to such centres.
Facilitate ease of pedestrian movement between components of centres, public transportinterchanges and parking areas.
Maximise opportunities for the co-location, multiple use and sharing of facilities. Provide child care facilities to a level consistent with the role of the centres. Minimise the effects of commercial development on the amenity of residential and
parkland areas, for example as a result of traffic congestion, noise or overshadowing. Provide attractive environments for community activities.
17.02 Business
17.02-1 Objective
To encourage developments which meet community’s needs for retail, entertainment, officeand other commercial services and provide net community benefit in relation toaccessibility, efficient infrastructure use and the aggregation and sustainability ofcommercial facilities.
17.02-2 General implementation
Commercial facilities should be located in existing or planned activity centres unless theyare:
New freestanding commercial developments in new residential areas which haveextensive potential for population growth or will accommodate facilities that improvethe overall level of accessibility for the community, particularly by public transport.
New convenience shopping facilities to provide for the needs of the local population innew residential areas and within, or immediately adjacent to, existing commercialcentres.
Outlets of trade-related goods or services directly serving or ancillary to industry andwhich have adequate on-site car parking.
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Cinema based entertainment facilities should be located within or on the periphery ofexisting or planned activity centres and should not require a permit for use in activity centrezones. Such facilities are not encouraged on freestanding sites.
A five year time limit for commencement should be attached to the planning approval for allshopping centres or expansions of over 1,000 square metres in floorspace.
17.03 Industry
17.03-1 Objective
To ensure availability of land for industry and to facilitate the sustainable development andoperation of industry and research and development activity.
17.03-2 General implementation
Industrial activity in industrial zones should be protected from the encroachment ofunplanned commercial, residential and other sensitive uses which would adversely affectindustry viability.
Planning authorities should zone land for industrial development in urban growth areaswhere good access for employees and freight transport is available and where appropriatebuffer areas can be provided between the proposed industrial land and nearby sensitive landuses.
Planning authorities should protect the quantum of large areas of industrial land of statesignificance to ensure availability of land for major industrial development, particularly forindustries and storage facilities that require significant threshold distances from sensitiveuses. Industrial areas of state significance include but are not limited to:
Dandenong South in the City of Greater Dandenong; Campbellfield and Somerton in the City of Hume and Thomastown in the City of
Whittlesea; and Laverton North in the City of Wyndham and Derrimut in the City of Brimbank.
Existing industrial areas that include key manufacturing or processing industries; a majorclustering of allied industries; key industrial infrastructure should be protected and carefullyplanned where possible to facilitate further industrial development.
Responsible authorities should not approve non-industrial land uses which will prejudicethe availability of land for future industrial requirements in industrial zones.
Adequate separation and buffer areas must be provided between sensitive uses andoffensive or dangerous industries and quarries to ensure that residents are not affected byadverse environmental effects, nuisance or exposure to hazards. Planning and responsibleauthorities must have regard to Recommended Buffer Distances for Industrial Residual AirEmissions (EPA 1990) and promote best practice risk and environmental management.
Responsible authorities should ensure that industrial activities requiring substantialthreshold distances are located in the core of suitably zoned industrial areas and encourageactivities with minimal threshold requirements to locate towards the perimeter of the zone.
Responsible authorities should, where possible, minimise inter-industry conflict andencourage like industries to locate within the same area.
Planning and responsible authorities should consult with the Victorian WorkCoverAuthority on requirements for industrial land use or development under the DangerousGoods Act 1985 and associated legislation and the Occupational Health and Safety (MajorHazard Facilities) Regulations 2000.
Industrial uses that meet appropriate standards of safety and amenity should be encouragedto locate within activity centres.
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17.04 Tourism
17.04-1 Objective
To encourage tourism development to maximise the employment and long-term economic,social and cultural benefits of developing the State as a competitive domestic andinternational tourist destination.
17.04-2 General implementation
Planning and responsible authorities should encourage the development of a range of welldesigned and sited tourist facilities, including integrated resorts, motel accommodation andsmaller scale operations such as host farm, bed and breakfast and retail opportunities.Facilities should have access to suitable transport and be compatible with and build uponthe assets and qualities of surrounding urban or rural activities and cultural and naturalattractions.
Responsible authorities should use the Planning and Building Tourism from Concept toReality: Guidelines for Planning and Developing Tourism Projects in Victoria (TourismVictoria, 2000) in considering applications for tourist development.
17.04-3 Geographic strategies
Planning and responsible authorities should have regard to any relevant regional tourismdevelopment strategy.
17.05 Agriculture
17.05-1 Objective
To ensure that the State’s agricultural base is protected from the unplanned loss ofproductive agricultural land due to permanent changes of land use and to enable protectionof productive farmland which is of strategic significance in the local or regional context.
17.05-2 General implementation
Land capability is a fundamental factor for consideration in rural land use planning.
Planning authorities should consult with the Department of Primary Industries and utiliseavailable information to identify areas of productive agricultural land.
Regional and State, as well as local, issues and characteristics should be taken into accountin the assessment of agricultural quality and productivity.
Permanent removal of productive agricultural land from the State's agricultural base mustnot be undertaken without consideration of its economic importance for the agriculturalproduction and processing sectors.
Planning should support effective agricultural production and processing infrastructure,rural industry and farm-related retailing and assist genuine farming enterprises to adjustflexibly to market changes.
Planning and responsible authorities should encourage sustainable land use.
Planning should provide encouragement for sustainable agriculture and support and assistthe development of innovative approaches to sustainable practices.
Subdivision of productive agricultural land should not detract from the long-termproductive capacity of the land.
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In assessing rural development proposals, planning and responsible authorities must balancethe potential off-site effects of rural land use proposals (such as degradation of soil or waterquality and land salinisation) which might affect productive agricultural land against thebenefits of the proposals.
In considering a proposal to subdivide or develop agricultural land, the following factorsmust be considered:
The desirability and impacts of removing the land from primary production, given itsagricultural productivity.
The impacts of the proposed subdivision or development on the continuation of primaryproduction on adjacent land, with particular regard to land values and to the viability ofinfrastructure for such production.
The compatibility between the proposed or likely development and the existing uses ofthe surrounding land.
Assessment of the land capability.
Where inappropriate subdivisions exist on productive agricultural land, priority should begiven by planning authorities to their re-structure.
Planning and responsible authorities should consider the potential impacts of land use anddevelopment on the spread of plant and animal pests from areas of known infestation intoagricultural areas.
In considering proposals for land based aquaculture facilities, responsible authorities shouldhave regard to the Planning Guidelines for Land Based Aquaculture in Victoria(Department of Primary Industries, No. 21, September 2005).
17.06 Intensive animal industries
17.06-1 Objective
To facilitate the establishment and expansion of cattle feedlots, piggeries, poultry farms andother intensive animal industries in a manner consistent with orderly and proper planningand protection of the environment.
17.06-2 General implementation
In considering proposals for use and development of cattle feedlots, responsible authoritiesmust have regard to the Victorian Code for Cattle Feedlots (Department of Agriculture,Energy and Minerals 1995).
In considering proposals for use and development of piggeries, responsible authoritiesshould have regard to the Code of Practice: Piggeries (Health Commission of Victoria andDepartment of Food and Agriculture 1992).
In considering proposals for use and development of broiler farms, responsible authoritiesmust have regard to the Victorian Code for Broiler Farms 2009.
17.07 Forestry and timber production
17.07-1 Objective
To facilitate the establishment, management and harvesting of plantations, harvesting oftimber from native forests and the development of forest based industries consistent with theNational Forest Policy Statement (1992) and the Plantations 2020 Vision (1997).
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17.07-2 General implementation
Planning and responsible authorities should consider environmental, social and economicfactors in planning for forestry and timber production activities, including protection ofwater quality and soil stability. Timber production in native forests should be conducted inan environmentally sustainable manner.
Planning and responsible authorities should promote the establishment of softwood andhardwood plantations on predominantly cleared land as well as other areas subject to orcontributing to land and water degradation.
Planning authorities should identify areas which may be suitably used and developed forplantation timber production.
Timber production (except agroforestry, windbreaks and commercial plantations of 5hectares or less) is to be conducted in accordance with the Code of Practice for TimberProduction 2007 (Department of Sustainability and Environment).
17.08 Mineral resources
17.08-1 Objective
To protect identified mineral resources, to encourage mineral exploration and mining inaccordance with acceptable environmental standards and to provide a consistent planningapproval process.
17.08-2 General implementation
Planning schemes must not prohibit or require approval for mineral exploration. Mineralexploration is to be managed solely under the Mineral Resources (SustainableDevelopment) Act 1990.
The provisions of the Planning and Environment Act 1987, the Mineral Resources(Sustainable Development) Act 1990, the Environment Protection Act 1970, theEnvironment Effects Act 1978, the Flora and Fauna Guarantee Act 1988 and the AboriginalHeritage Act 2006 should be applied to mining activities in a timely and coordinatedmanner.
Planning and responsible authorities should endeavour to maintain access to landprospective for mining where this is consistent with overall planning considerations andapplication of acceptable environmental practice.
Planning schemes should recognise the possible need to provide mining infrastructure inurban areas with mineral deposits.
17.08-3 Geographic strategies
Planning and responsible authorities in Central Gippsland must act to protect the browncoal resource and should ensure that: Changes in use and development of land overlying coal resources, as generally defined
in Framework of the Future (Minister for Industry, Technology and Resources andMinister for Planning and Environment, 1987) and the Land Over Coal and Buffer AreaStudy (Ministry for Planning and Environment, 1988), do not compromise the winningor processing of coal.
Coal-related development is adequately separated from residential or other sensitiveuses and main transport corridors by buffer areas to minimise adverse effects such asnoise, dust, fire, earth subsidence, and visual intrusion.
Uses and development within the buffer areas are compatible with uses and developmentadjacent to these areas.
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17.09 Extractive industry
17.09-1 Objective
To identify and protect stone resources accessible to major markets and to provide aconsistent planning approval process for extraction in accordance with acceptableenvironmental standards.
17.09-2 General implementation
Except for costeaning and bulk sampling activities, planning schemes must allow the useand development of land for search for stone without planning approval.
Planning schemes must not prohibit extractive industry in non-urban zones, except if it isprohibited by an Act of Parliament.
The provisions of the Planning and Environment Act 1987 and the Extractive IndustriesDevelopment Act 1995, the Environment Protection Act 1970 relevant State environmentprotection policies, relevant waste management policies, the Flora and Fauna Guarantee Act1988 and the Aboriginal Heritage Act 2006 should be applied to extractive industryactivities in a timely and coordinated manner.
Provision for buffer areas between new extractive industries and sensitive land uses shouldbe determined on the following principles:
Clearly defined buffer areas appropriate to the nature of the proposed extractive uses,which are to be owned or controlled by the proponent of an extractive industry, arespecified in an application for permit.
Performance standards for the buffer area are set in accordance with requirements of theExtractive Industries Development Regulations 1996 or a work authority or a permit andhave regard to the zoning of the land surrounding the extractive industry.
Activities within land zoned for public use may be taken into consideration indetermining the buffer areas.
Provision for buffer areas between existing extractive industries and sensitive land usesshould be determined on the following principles:
The buffer areas are determined so that appropriate limits on effects can be met at thesensitive locations using practical and readily available technology.
The required buffers are taken into consideration if a change of land use in the vicinityof the extractive industry is proposed.
Land within the buffer areas may be used for purposes that are not adversely affected bythe extractive industry.
17.09-3 Geographic strategies
The long term protection of stone resources in Victoria is to be generally in accordancewith:
Provisions and recommendations expressed in Extractive Industry Interest Area,Melbourne Supply Area – Extractive Industry Interest Area Review, Geological Surveyof Victoria, Technical Record 2003/2 (Department of Primary Industries 2003) for stoneresources in the Melbourne Supply Area.
The concept of the Extractive Industry Interest Areas expressed in Extractive IndustryInterest Areas, Melbourne Supply Area Geological Survey of Victoria, TechnicalRecord 1996/1 (Department of Natural Resources and Environment 1996) for theremainder of Victoria. Extractive Industry Interest Areas have been defined for theBallarat, Bendigo, Geelong and Latrobe Supply Areas.
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17.10 Apiculture
17.10-1 Objective
To facilitate the use of land for apiculture including the proper location and management ofbee hives for the production of honey and other apiary products and for the pollination ofcrops, and to ensure that the location and density of bee hives have a minimal impact onpeople.
17.10-2 General implementation
In considering a proposal for apiculture, responsible authorities should have regard to theApiary Code of Practice, May 1997 and any relevant scientific reports.
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18 INFRASTRUCTURE
18.01 Declared highways, railways and tramways
18.01-1 Objective
To integrate land use and transport planning around existing and planned declaredhighways, railways, principal bus routes and tram lines.
18.01-2 General implementation
Transport routes should be located to achieve the greatest overall benefit to the communityand with regard to making the best use of existing social, cultural and economicinfrastructure, minimising impacts on the environment and optimising accessibility, safety,emergency access, service and amenity.
New transport routes and adjoining land uses should be located and designed to minimisedisruption of residential communities and their amenity.
New uses or development of land near an existing or proposed transport route should beplanned or regulated to avoid detriment to, and where possible enhance, the service, safetyand amenity desirable for that transport route in the short and long terms.
Higher land use densities and mixed use developments should be encouraged near railwaystations, major bus terminals, transport interchanges, tramways and principal bus routes.Pedestrian access to public transport should be facilitated and safeguarded.
The design of transport routes and nearby areas should be planned and regulated to achievevisual standards appropriate to the importance of the route with particular reference tolandscaping, the control of outdoor advertising and, where appropriate, the provision ofbuffer zones and resting places.
The design of transport routes must provide for grade separation at railway crossings exceptwith the approval of the Minister for Transport.
18.01-3 Geographic strategies
Planning and responsible authorities should have regard to any relevant highway strategypublished by VicRoads when preparing planning scheme amendments or consideringpermit applications for the location of transport routes or developments that are inproximity to major transport routes.
18.02 Car parking and public transport access to development
18.02-1 Objective
To ensure access is provided to developments in accordance with forecast demand takingadvantage of all available modes of transport and to minimise impact on existing transportnetworks and the amenity of surrounding areas.
18.02-2 General implementation
Consideration should be given to all modes of travel, including walking, cycling, publictransport, taxis and private vehicles (passenger and freight) in providing for access to newdevelopments.
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Public transport services and infrastructure should be integrated into new developmenthaving regard to the Public Transport Guidelines for Land Use and Development(Department of Transport 2008). In allocating or requiring land to be set aside for carparking, planning and responsible authorities should:
Have regard to the existing and potential modes of access including public transport, thedemand for off-street car parking, road capacity and the potential for demandmanagement of car parking.
Encourage the efficient provision of car parking through the consolidation of carparking facilities.
Planning and responsible authorities should prepare or require parking precinct plans forthe design and location of local car parking to:
Protect the role and function of nearby roads, enable easy and efficient use and themovement and delivery of goods.
Achieve a high standard of urban design and protect the amenity of the locality,including the amenity of pedestrians and other road users.
Create a safe environment for users, particularly at night.
Facilitate the use of public transport.The amenity of residential precincts should be protected from the effects of road congestioncreated by on-street parking.
Adequate provision for taxi ranks should be planned as part of activity centres, transportinterchanges and major commercial, retail and community facilities.
18.02-3 Geographic strategies
In the City of Melbourne, on-site car parking in the CBD and Southbank is to be limited inview of limited road capacity, good access to public transport and the need to preservepedestrian amenity.
18.03 Bicycle transport
18.03-1 Objective
To integrate planning for bicycle travel with land use and development planning andencourage cycling as an alternative mode of travel.
18.03-2 General implementation
Wherever possible, off-road bicycle networks should be planned for in new urbandevelopment.
Responsible authorities should require that adequate bicycle parking and related facilities tomeet demand be provided at education, recreation, shopping and community facilities whenissuing planning approvals. Bicycle facilities should be developed in accordance withGuide to Traffic Engineering Practice Part 14-Bicycles (AUSTROADS 1993).
18.03-3 Geographic strategies
Planning and responsible authorities should have regard to Victoria for Bikes (State BicycleCommittee 1994) in their decision-making affecting bicycle plans, including the location ofroutes.
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18.04 Airfields
18.04-1 Objective
To facilitate the siting of airfields and extensions to airfields, restrict incompatible land useand development in the vicinity of airfields, and recognise and strengthen the role ofairfields as focal points within the State's economic and transport infrastructure.
18.04-2 General implementation
New airfields should not be located in areas which have greater long-term value to thecommunity for other purposes.
The location of airfields, existing and potential development nearby, and the land-basedtransport system required to serve them should be planned as an integrated operation.
The visual amenity and impact of any use or development of land on the approaches to anairfield should be planned to be consistent with the status of the airfield.
Planning for areas around all airfields should:
Preclude any new use or development which could prejudice the safety or efficiency ofan airfield.
Take into account the detrimental effects of aircraft operations (such as noise) inregulating and restricting the use and development of affected land.
Preclude any new use or development which could prejudice future extensions to anexisting airfield or aeronautical operations in accordance with an approved strategy ormaster plan for that airfield.
18.04-3 Geographic strategies
Melbourne Airport
Planning for areas around Melbourne Airport should:
Strengthen the role of Melbourne Airport as a key focal point within the State'seconomic and transport infrastructure.
Ensure the effective and competitive operation of Melbourne Airport at both nationaland international levels.
Ensure any new use or development does not prejudice the optimum usage ofMelbourne Airport.
Ensure any new use or development does not prejudice the curfew-free operation ofMelbourne Airport.
Planning and responsible authorities must have regard to the Melbourne Airport MasterPlan (Australia Pacific Airports (Melbourne) Pty Ltd, September 2003), the MelbourneAirport Strategy (Government of Victoria/Federal Airports Corporation, approved 1990)and its associated Final Environmental Impact Statement in relation to planning decisionsaffecting land in the vicinity of the Melbourne Airport. In making decisions, referenceshould be made to the Melbourne Airport Ultimate Capacity (2003) Australian NoiseExposure Forecast (ANEF) endorsed for technical accuracy by the Manager, EnvironmentMonitoring Section, Air Services Australia, Canberra on 9 July 2003.
Avalon Airport
Planning and responsible authorities should have regard to the Avalon Airport Strategy(Department of Business and Employment/AeroSpace Technologies of Australia 1993) andits associated Aircraft Noise Exposure Concepts.
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18.05 Ports
18.05-1 Objective
To recognise the importance to Victoria of economically sustainable major ports(Melbourne, Geelong, Portland, Hastings) by planning for appropriate access, terminalareas and depot areas.
To plan the land resources adjacent to ports to facilitate the efficient operation of the portand port-related uses and minimise adverse impacts on surrounding urban development andthe environment.
18.05-2 General implementation
The land resources adjacent to ports should be protected to preserve their value for useswhich depend upon or gain significant economic advantage from proximity to the ports’particular shipping operations.
Port and industrial development should be physically separated from sensitive urbandevelopment by the establishment of appropriate buffers which reduce the impact ofvibration, intrusive lighting, noise and air emissions from port activities.
Planning for the use of land adjacent to ports should aim to achieve and maintain a highstandard of environmental quality, be integrated with policies for the protection of theenvironment generally and of marine environments in particular and take into accountplanning for adjacent areas and the relevant catchment.
18.05-3 Geographic strategies
Planning for land-based port and port-related facilities adjacent to the deep channel in theNorth Arm of Western Port Bay (the mainland between Hann's Inlet and Watson's Inlet andto the east of the Tyabb Fault and the Clyde Monocline) should have regard to Statement ofPlanning Policy No 1 - Western Port (1970-varied 1976).
Planning for the future development of the Hastings port industrial area is to be undertakenin accordance with the Hastings Port Industrial Area Land Use Structure Plan (Departmentof Planning and Development 1996).
18.06 Health facilities
18.06-1 Objective
To assist the integration of health facilities with local and regional communities.
18.06-2 General implementation
Planning and responsible authorities should facilitate the location of health-related facilities(including acute health, aged care, disability services and community care facilities) withconsideration given to demographic trends, the existing and future demand requirementsand the integration of services into communities.
Consideration should be given to planning public and private developments together and toincluding some degree of flexibility in use.
Hospitals and other large health service facilities should be located in areas highlyaccessible to public and private transport.
Adequate car parking facilities should be provided for staff and visitors.
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18.07 Education facilities
18.07-1 Objective
To assist the integration of education facilities with local and regional communities.
18.07-2 General implementation
Secondary and tertiary education facilities should be located in areas which are highlyaccessible to public transport. Primary education facilities should be located to maximiseaccess by walking.
Tertiary education facilities should be encouraged to locate within or adjacent to activitycentres.
In planning for the location of education facilities, planning authorities should considerdemographic trends, the existing and future demand requirements and the integration offacilities into communities.
In planning areas near to education facilities, adjoining streets and accessways should bedesigned to encourage safe bicycle and pedestrian access.
18.08 Survey infrastructure
18.08-1 Objective
To protect geodetic sites (survey marks) that support infrastructure projects, landdevelopment, survey, mapping and geographical information systems.
18.08-2 General implementation
Planning and responsible authorities should be aware of the location of survey marksestablished by the Office of the Surveyor-General and ensure that planning decisions do notprejudice their safekeeping.
18.09 Water supply, sewerage and drainage
18.09-1 Objective
To plan for the provision of water supply, sewerage and drainage services that efficientlyand effectively meet State and community needs and protect the environment.
18.09-2 General implementation
Planning and responsible authorities should ensure that water quality in water supplycatchments is protected from possible contamination by urban, industrial and agriculturalland uses.
Urban development must be provided with sewerage at the time of subdivision, or lotscreated by the subdivision must be capable of adequately treating and retaining all domesticwastewater within the boundaries of each lot consistent with the Guidelines forEnvironmental Management - Septic Tanks Code of Practice, Publication 891 (EPA 2003)and State environment protection policy (Waters of Victoria).
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Planning and responsible authorities should ensure that:
planning for urban stormwater drainage systems considers the catchment context and iscoordinated with adjacent municipalities.
best environmental management practice is used where practicable in the design andmanagement of urban stormwater drainage systems, including measures to reduce peakflows and assist screening, filtering and treatment of stormwater, to enhance floodprotection and minimise impacts on water quality in receiving waters.
drainage systems are protected where practicable from the intrusion of litter, inaccordance with strategies set out in Victoria’s Litter Reduction Strategy (EPA 1995).
The re-use of wastewater including urban run-off, treated sewage effluent and run-off fromirrigated farmland should be encouraged where appropriate, consistent with relevantEnvironment Protection Authority guidelines.
18.09-3 Geographic strategies
Metropolitan councils should have regard to the Litter Prevention and Control Strategy forthe Greater Melbourne Area (Waste Management Council 1995).
Planning and responsible authorities should have regard to the Urban Stormwater BestPractice Environmental Management Guidelines (CSIRO 1999).
18.10 Waste management
18.10-1 Objective
To assist control of the generation, transport and disposal of wastes so as to preventpollution and land degradation.
18.10-2 General implementation
The siting and management of waste disposal facilities must be in accordance with WasteManagement Policy (Siting, Design and Management of Landfills) and Industrial WasteManagement Policy (Prescribed Industrial Waste) and relevant regional waste managementplans.
18.10-3 Geographic strategies
Planning authorities should have regard to Victoria’s Litter Reduction Strategy (EPA 1995)and participate in the development of regional waste management plans.
Planning and responsible authorities in the metropolitan area should have regard to theLitter Prevention and Control Strategy for the Greater Melbourne Area (WasteManagement Council, 1995).
18.11 High pressure pipelines
18.11-1 Objective
To plan for the development of pipeline infrastructure subject to the Pipelines Act 1967 toensure that gas, oil and other substances are safely delivered to users at minimal risk topeople and the environment.
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18.11-2 General implementation
Existing transmission-pressure gas pipelines should be recognised in planning schemes andprotected from further encroachment by residential development or other sensitive landuses, unless suitable additional protection of pipelines is provided.
The siting of new pipelines should be planned along routes with adequate buffers toresidences, zoned residential land and other sensitive land uses and with minimal impactson waterways, wetlands, flora and fauna, erosion prone areas and other environmentallysensitive sites.
Planning for pipeline easements should ensure appropriate provision for environmentalmanagement during construction and on-going operation.
18.12 Developer contributions to infrastructure
18.12-1 Objective
To facilitate the timely provision of planned infrastructure to communities through thepreparation and implementation of development contributions plans.
18.12-2 General implementation
Development Contributions Plans, prepared and approved under the Planning andEnvironment Act 1987, should be used to manage contributions towards infrastructure.
Development contributions may be collected on the basis of an approved DevelopmentContributions Plan.
When preparing Development Contributions Plans planning authorities should have regardto the Development Contributions Guidelines (Department of Sustainability andEnvironment, June 2003 – as amended March 2007).
18.13 Telecommunications
18.13-1 Objective
To recognise the importance of telecommunications to all aspect of modern life and theessential and beneficial contribution of modern telecommunications facilities to localcommunities and the State and national economy.
18.13-2 General implementation
Planning decisions should recognise that telecommunications is an essential utility serviceand, in particular, should:
Facilitate the upgrading and maintenance of telecommunications facilities.
Ensure that modern telecommunications facilities are widely accessible to business,industry and the community.
Facilitate the orderly growth of telecommunications by recognising that newcommunications technology needs to meet the continuous and growing demand forbetter communications and multi-media facilities in business, domestic, entertainmentand community services.
Reflect the economic contribution of telecommunications through improvements inbusiness and industrial technology, rapid communication, and helping business andindustry remain competitive and provide increased employment opportunities.
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Planning schemes should not prohibit the use of land for a telecommunications facility inany zone.
Planning decisions should reflect a reasonable balance between the provision of importanttelecommunications services and the need to protect the environment from adverse impactsarising from telecommunications infrastructure.
Planning decisions should reflect the national implications of a telecommunicationsnetwork and the need for consistency in infrastructure design and placement. A Code ofPractice for Telecommunications Facilities in Victoria should be used in the considerationof applications for the use and development of telecommunications facilities and sites.
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19 PARTICULAR USES AND DEVELOPMENT
19.01 Subdivision
19.01-1 Objective
To ensure the design of subdivisions achieves attractive, livable and sustainableneighbourhoods.
To control the subdivision and consolidation of land and the removal and variation ofeasements and restrictions through planning schemes, within the framework of the Planningand Environment Act 1987 and the Subdivision Act 1988.
19.01-2 General implementation
In the development of new residential areas and in the redevelopment of existing areas,subdivision should be designed to create livable and sustainable communities by:
Contributing to an urban structure where networks of neighbourhoods are clustered tosupport larger activity centres on the regional public transport network.
Creating compact neighbourhoods that have walkable distances between activities andwhere neighbourhood centres provide access to services and facilities to meet day to dayneeds.
Creating a range of open spaces to meet a variety of needs with links to open spacenetworks and regional parks where possible.
Providing a range of lot sizes to suit a variety of dwelling and household types to meetthe needs and aspirations of different groups of people.
Integrating housing, work, shopping, recreation and community services to provide amix and level of activity that attracts people, creates a safe environment, stimulatesinteraction and provides a lively community focus.
Contributing to reducing car dependence by allowing for: public transport that is easy touse; safe and attractive spaces and networks for walking and cycling; and subdivisionlayouts that allow easy movement within and between neighbourhoods.
Contributing to environmentally sustainable development by designing energy efficientlots, incorporating water conservation, stormwater management and waste watertreatment techniques and promoting waste reduction and reduced air pollution.
Contributing to an attractive built environment by creating neighbourhoods thatemphasise existing cultural heritage values, well designed built form and landscapecharacter.
Protecting and enhancing native habitat and discouraging the spread and planting ofnoxious weeds.
Being accessible to people with disabilities.
Planning schemes should enable:
Referral of applications for subdivision and plans of subdivision to relevant statutoryauthorities and relevant Government agencies responsible for water, sewerage, drainage,electricity, gas and telecommunications services, the management of water supply anddrainage catchments, the management of fire risk areas, the allocation of water rights oraccess to a freeway, highway, main road, tourist road or forest road.
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The placing of open space requirements on development proposals.
The removal or variation of easements and restrictions to enable use or development thatcomplies with planning schemes after the interests of affected people are considered.
The adjustment of boundaries to comply with other legislation.
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19.03 Design and built form
19.03-1 Objective
To achieve high quality urban design and architecture that:
Reflects the particular characteristics, aspirations and cultural identity of the community.
Enhances livability, diversity, amenity and safety of the public realm.
Promotes attractiveness of towns and cities within broader strategic contexts.
19.03-2 General Implementation
Development should achieve architectural and urban design outcomes that contributepositively to local urban character and enhance the public realm while minimisingdetrimental impact on neighbouring properties.
Responsible authorities should require that all permit applications for:
Non-residential development include a site analysis and descriptive statement explaininghow the proposed development responds to the site and its context.
Residential development other than residential development of four or more storeys orwhich is not covered by Clause 54, Clause 55 or Clause 56 include a site analysis anddescriptive statement explaining how the proposed development responds to the site andits context.
Residential development of four or more storeys include an urban context report anddesign response explaining how the design responds to the existing urban context andpreferred future development of the area.
For development proposals for non-residential development or residential development notcovered by Clause 54, Clause 55 or Clause 56, planning and responsible authorities musthave regard to the following design principles:
Context
Development must take into account the natural, cultural and strategic context of itslocation.
A comprehensive site analysis should be the starting point of the design process andform the basis for consideration of height, scale and massing of new development.
The public realm
The public realm, which includes main pedestrian spaces, streets, squares, parks andwalkways, should be protected and enhanced.
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Safety
New development should create urban environments that enhance personal safety andproperty security and where people feel safe to live, work and move in at any time.
Landmarks, views and vistas
Landmarks, views and vistas should be protected and enhanced or, where appropriate,created by new additions to the built environment.
Pedestrian spaces
Design of the relationship between buildings and footpaths and other pedestrian spaces,including the arrangement of adjoining activities, entrances, windows, and architecturaldecoration, should enhance the visual and social experience of the observer.
Heritage
New development should respect, but not simply copy, historic precedents and create aworthy legacy for future generations.
Consolidation of sites and empty sites
New development should contribute to the “complexity” and diversity of the builtenvironment.
Site consolidation should not result in street frontages that are out of keeping with the“complexity” and “rhythm” of existing streetscapes.
The development process should be managed so that sites are not in an unattractive,neglected state for excessive periods and the impacts from vacant sites are minimised.
Light and shade
Enjoyment of the public realm should be enhanced by a desirable balance of sunlightand shade.
This balance should not be compromised by undesirable overshadowing or exposure tothe sun.
Energy and resource efficiency
All building, subdivision and engineering works should promote more efficient use ofresources and energy efficiency.
Architectural quality
New development should aspire to the high standards in architecture and urban design.
Any rooftop plant, lift over-runs, service entries, communication devices, and othertechnical attachment should be treated as part of the overall design.
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Landscape architecture
Recognition should be given to the setting in which buildings are designed and theintegrating role of landscape architecture.
Planning authorities should emphasise urban design policies and frameworks for keylocations or precincts.
19.03-3 Geographic strategies
Planning and responsible authorities should have regard to the following documents:
Design Guidelines for Higher Density Residential Development (Department ofSustainability and Environment 2004) in assessing the design and built form ofresidential development of four or more storeys.
Activity Centre Design Guidelines (Department of Sustainability and Environment2005) in preparing activity centre structure plans and in assessing the design and builtform of new development in activity centres.
Safer Design Guidelines for Victoria (Crime Prevention Victoria and Department ofSustainability and Environment 2005) in assessing the design and built form of newdevelopment.
19.04 Brothels
19.04-1 Objective
To provide consistent planning controls for the establishment and expansion of brothelsthroughout Victoria coordinated with the provisions of the Prostitution Control Act 1994.
19.04-2 General implementation
Responsible authorities should consider the matters set out in section 73 of the ProstitutionControl Act 1994 before deciding an application to use or develop land for a brothel.
Responsible authorities should refuse a permit to use or develop land for a brothel inaccordance with the restrictions contained in section 74 of the Prostitution Control Act1994, unless section 76(2) of that Act applies.
If the effect of:
A request to amend a permit in accordance with section 87 or section 87A of the Act, or
An application to amend a permit in accordance with Part 4 Division 1A of the Act, or
A request to amend plans, drawings or other documents under a permit in accordancewith:
section 216 of the Act, or
any condition in a planning permit which allows such an amendment
is to expand or extend the use or development of a brothel, the application or request shouldbe determined as if it were an application for a permit for use or development of land for thepurposes of the operation of a brothel in accordance with Part 4 of the Prostitution ControlAct 1994.
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Local Planning
Policy Framework
Zones
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20 OPERATION OF THE LOCAL PLANNING POLICY FRAMEWORK
This section sets out the Municipal Strategic Statement and the Local Planning Policies that apply to the area covered by this scheme.
20.01 Operation of the Municipal Strategic Statement
The Municipal Strategic Statement (MSS) is a concise statement of the key strategic planning, land use and development objectives for the municipality and the strategies and actions for achieving the objectives. It furthers the objectives of planning in Victoria to the extent that the State Planning Policy Framework is applicable to the municipality and local issues. It provides the strategic basis for the application of the zones, overlays and particular provisions in the planning scheme and decision making by the responsible authority.
The MSS provides an opportunity for an integrated approach to planning across all areas of council and should clearly express links to the corporate plan. The MSS is dynamic and enables community involvement in its ongoing review. The MSS will be built upon as responsible authorities develop and refine their strategic directions in response to the changing needs of the community.
When preparing amendments to this scheme and before making decisions about permit applications, planning and responsible authorities must take the MSS into account.
20.02 Operation of the Local Planning Policies
Local Planning Policies are tools used to implement the objectives and strategies of the Municipal Strategic Statement.
A Local Planning Policy (LPP) is a policy statement of intent or expectation. It states what the responsible authority will do in specified circumstances or the responsible authority’s expectation of what should happen. The LPP gives the responsible authority an opportunity to state its view of a planning issue and its intentions for an area. An LPP provides guidance to decision making on a day to day basis. It can help the community to understand how the responsible authority will consider a proposal. The consistent application of policy over time should achieve a desired outcome.
When preparing amendments to this scheme and before making decisions about permit applications, planning and responsible authorities must take the LPPs into account.
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21 MUNICIPAL STRATEGIC STATEMENT 19/01/2006 VC37
21.01 Murrindindi Shire Profile 14/01/2010 C25
21.01-1 Introduction 19/01/2006 VC37
Murrindindi Shire has an area of 3,887 square kilometres and is situated on the north fall of the eastern section of the Victorian highlands. With the exception of a small area south of Kinglake, the whole of the shire is within the catchment of the Goulburn River. This catchment drains to the north via the Rubicon River, the Acheron River, the Yea River, and the King Parrot Creek, and then to the west along the broad valley of the Goulburn River downstream of Lake Eildon. The significance of the waterways of the shire can be appreciated when it is realised that although the Goulburn-Broken Catchment comprises only 2% of the Murray Darling Basin’s land area, it generates 11% of the water.
A large part of the shire is forested with significant conservation reserves found in the Kinglake National Park, Yarra Ranges National Park, Lake Eildon National Park and the Cathedral Range State Park.
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The Shire adjoins the municipalities of Strathbogie, Mitchell, Mansfield, Whittlesea, Nillumbik and Yarra Ranges. Like Murrindindi, the adjoining municipalities are strongly influenced by the form of the Central Highlands. The river valleys and their floodplains offer high quality soils and opportunities for agriculture. The ranges are associated with forests, timber production, water harvesting, recreation and tourism. Lake Eildon, on the border of Murrindindi and Mansfield Shires, is a major water storage for irrigation, stock and domestic supply, power generation and recreation.
The dominant towns for higher order services to the north of the Shire are Shepparton (population 32,000) and Benalla (population 8,500). To the south, the proximity of the Melbourne metropolitan area draws commercial trade from the shire to the shopping centres of the northern and eastern suburbs.
The economies of the majority of the rural shires in the region are dependent on agriculture and timber production along with the related industries and support services in the neighbouring towns. Low commodity prices in recent years have forced farmers to look for alternative sources of income by diversifying into farm forestry, horticulture and off farm sources. Due to the natural beauty of the region, tourism also plays a significant role in the economies of these shires.
Under the Private Timber Strategy, the North Eastern region is expected to triple private timber production in the next 20 years. The timber industry will play greater role in the economy of the region as a consequence of this strategy.
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In 1996 the estimated population of the Murrindindi Shire was 12,452. The age structure is relatively young with 30% being aged under 17 years of age and a further 35% aged between the years of 25 to 44. Population growth has been modest with an average rate of 2% between 1986-1996. Projections by the Department of Infrastructure show that the population of the Shire is expected to increase to 15,773 by 2011. The increase in population can be accommodated within the main towns of Alexandra, Yea and Eildon, all having water and sewerage infrastructure capable of expansion and residential land supply in excess of 30 years.
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21.01-4 Townships 14/01/2010 C25
The 1996 populations of the major settlements are given in Table 1 below.
Table 1 Populations of the major settlements.
TOWNSHIP POPULATION
Alexandra 1,895
Kinglake (inc. Kinglake East, Kinglake West, Kinglake Central and Pheasant Creek)
1,229-1,600 est.
Yea 989
Eildon 705
Marysville 612. (prior to fires)
Source: Unpublished Department of Infrastructure data.
The smaller townships and settlements include Narbethong, Buxton, Taggerty, Thornton, Flowerdale, Yarck, Hazeldene, King Parrot, Silver Creek, Taylor Bay, Toolangi and Molesworth.
Alexandra and Yea are rural service centres that have developed around the grazing and timber industries. Due to their locations at the junction of the Goulburn Valley Highway with the Maroondah and Melba Highways respectively, the towns are well placed to service the substantial tourist and recreation trade for Lake Eildon and Mount Buller. Both communities have full range of physical and social services available.
Eildon was built by the former State Rivers and Water Supply Commission in the 1950’s for the construction of Lake Eildon. Apart from the resident population, it has a primary role as a tourist destination for visitors to Lake Eildon, Eildon State Park and Fraser National Park. Significant boating, caravan and camping facilities are provided on the foreshore of the lake in close proximity to the town.
Marysville is a tourist town that has developed around the major industries of timber and tourist accommodation. The town is the service community for Lake Mountain, which is Victoria’s second most popular ski resort with 200,000 visitors per annum.
The bushfires of 7 February 2009 devastated Marysville. The redevelopment of Marysville and the surrounding Triangle communities as safer, more sustainable settlements is supported with a continuing important tourism role.
Kinglake is located on the Great Dividing Range at the southern boundary of the Shire. It comprises of three distinct settlements at Kinglake East, Kinglake and Kinglake West, including Pheasant Creek. Kinglake is an area of fertile red soil and high rainfall which is suitable for the production of potatoes and other vegetable products, being close to metropolitan markets. The proximity to the metropolitan area has made Kinglake popular for people seeking a country lifestyle while maintaining employment in the urban area. These settlements have developed in a sporadic manner without any overall plan for the provision of infrastructure or community services.
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Three main highways, all following major river valleys, meet the transport needs of the Shire. The Goulburn Valley Highway bisects the Shire from east to west, while the Maroondah Highway enters the north eastern corner of the Shire and, after Alexandra, follows the Acheron River valley south to Healesville and the Melbourne metropolitan area. The Melba Highway extends from the junction with the Goulburn Valley Highway at
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Yea, south along the Yea River Valley to Yarra Glen. On the western boundary of the Shire, the Whittlesea-Yea Road and Broadford-Flowerdale Road follow the King Parrot Creek to Whittlesea.
Goulburn Valley Region Water Authority is responsible for the provision of water and sewerage services throughout the majority of the Shire. The townships of Alexandra, Yea, Eildon and Marysville are serviced by reticulated water and sewerage systems, with Buxton, Molesworth and Thornton being supplied with reticulated water only. The Kinglake settlements, Narbethong, Buxton, Taggerty, Thornton, Flowerdale, Yarck and Molesworth and are all unsewered and contribute, directly or indirectly, to the water quality issues of the Goulburn-Broken Catchment. These settlements also contribute to a lesser extent to the Melbourne catchment.
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At the time of the 1996 Census there were approximately 5,141 people employed throughout the Shire. The largest employment sector was agriculture comprising 14.3% of the total employment, followed by manufacturing (13.1%), wholesale and retail trade (11.6%), community services (8.2%) and accommodation, cafes and restaurants (8.3%). In terms of occupations, 15.1% of those employed described themselves as managers and administrators which includes farmers, 14.6% as tradespersons, 14.4% as professionals, 13.5% as associate professionals, 11.0% as clerical/retail and 10.8% as labourers.
21.01-7 Principal industries 19/01/2006 VC37
The two principal industries in the Shire of Murrindindi are agriculture and timber.
Agriculture forms the major component of the Murrindindi economy. In 1993 there were 316 farming establishments producing commodities to the value of $28 million. Beef production was the sole activity of 43% of farms, while 35% were mainly concerned with sheep grazing for the production of wool with some cattle. More intensive activities include vegetable growing, particularly potatoes and carrots, strawberry growing, dairying, viticulture and fruit. There have been significant areas of grapes for wine production planted in the Murrindindi River Valley since 1993.
Murrindindi also has a long history of growing trout and native fish species, with six aquaculture farming operations located within the Shire. The Goulburn River Trout fish farm and processing plant near Thornton is one of the largest fish producers in Australia, producing 600 tonnes of fish per annum for export markets. The Snobs Creek fish hatchery produces juvenile fish for commercial producers and for the restocking of rivers and streams throughout Victoria.
Although agriculture is very significant to the local economy, the contribution to the state economy is relatively small, representing about 0.5% of the total Victorian agricultural output.
The Shire produces 12% of Victoria’s timber. Softwood production yields approximately 160,000 tonnes per annum. The hardwood harvesting and processing operations within Murrindindi are among the largest in Australia.
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21.02 MUNICIPAL VISION 14/01/2010 C25
The Shire of Murrindindi has a diversified economy relying heavily on the natural environment that provides the basis for agricultural, timber and the tourism based industries.
The vision for Murrindindi over the next 15 years is to ensure that the environmental attributes are protected and enhanced. This is to ensure that sustainable resource management is achieved and the future of the agriculture, timber and tourism based industries are protected. Both urban and rural developments must ensure that relevant environmental issues are addressed and water quality is not compromised by impacts associated with such development.
This vision will be assisted by: Supporting the development of the Shire based on sustainable land management and
resource utilisation practices Ensuring that the use and development of land is based on its capability to support
development Support agricultural and timber industries as the major economic activities Retention and protection of prime quality agricultural land Consolidate and focus development within and in proximity to townships to improve
and utilise existing infrastructure and community facilities Support the rebuilding of communities devastated by the 7 February 2009 bushfires.
The Vision Statement in the Murrindindi Shire Council Corporate Plan is:
Murrindindi’s vision is to create a sense of community by pursuing and facilitating economic development, improving the quality of living, and by being recognised as a best practice service provider. Moving forward.
The Corporate Plan vision statement underpins the strategic directions taken in the planning scheme.
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21.03 ISSUES AFFECTING THE SHIRE 14/01/2010 C25 The key issues affecting the future development of the shire over the next 10-15 years are:
Natural resource management: The environmental condition and ecological sustainability of the Goulburn-Broken Catchment based on the soil characteristics and water quality
Agriculture: The need for the protection of areas of high quality agricultural land and the need to diversify the rural economy
Timber: The expansion of the timber industry in conformity with both Federal and State government strategies seeking to treble the amount of land developed with timber plantations
Proximity to Melbourne: Development pressures as a consequence of the proximity of the shire with the metropolitan area
Settlement and infrastructure: The pollution of the environment, due to the lack of infrastructure provided to the smaller settlements and their proximity to drainage lines
Rural residential development: Demand for rural residential development opportunities in proximity to settlements, including low density residential opportunities adjacent to townships with reticulated water and rural living opportunities nearby established townships
Tourism: The protection of the environmental attributes such as National Trust classified landscapes, significant buildings and places that have significance in relation to the natural and social history of the area
Environment: The protection of the natural environment from inappropriate development pressures and the availability of large areas of public land for recreational activities
Outdoor education: Promoting further investment in school camps and outdoor education facilities
Aquaculture: The utilisation and protection of the unique environment suitable for aquiculture, particularly on the Goulburn River below the Eildon Weir
Proximity to Lake Mountain Alpine Resort and Lake Eildon weir Rebuilding bushfire affected communities. The level of devastation of Marysville and
surrounding communities necessitates commitment and support for the return of high quality, sustainable development.
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21.04 AGRICULTURE AND RURAL LAND STRATEGIES
21.04-1 CONTEXT
Retention of rural land for agricultural production is important to the economy for the region. Agriculture is the largest component of the Murrindindi economy, generating $28 million in produce per annum and being the second largest employer utilising 15% of the workforce
The shire has a diverse land system with differing agricultural qualities that support the production of a range of high quality agricultural products. There is generally abundant ground and surface water and significant natural rainfall. The shire is blessed with high quality agricultural land suitable for market gardening and intensive horticultural activities such as in the Kinglake and Toolangi areas and the Goulburn River floodplain. Areas such as the Highlands, north of Yea in the Strathbogie Ranges are renowned for fine wool production and viticulture.
The wise management of land is critical to the future of the region. Environmental issues such as stream degradation, loss of native vegetation and erosion are all present within the Shire.
21.04-2 ISSUES
Protection of high quality agricultural land for agricultural use Possible incremental effect of rural subdivision and housing on productive agricultural
land The use of agricultural land for non agricultural, rural living or hobby farming purposes
that may conflict with established or future agricultural and horticultural land uses The need for diversification of the agricultural economy and the importance of timber
production and agroforestry
21.04-3 STRATEGIES AND OBJECTIVES
Ensure that the use and development of rural land is both compatible with and complementary to agricultural activities and protect agricultural potential
Ensure that agricultural land is not developed for primarily residential purposes Encourage agricultural diversity and promote opportunities for new farming enterprises Identify and protect high quality agricultural land Ensure that any excision of an existing dwelling be directly linked to and required for
agricultural use of the land Ensure that any excision of an existing dwelling not create ‘rural living’ style lots,
protecting productive rural land, existing rural character and existing rural uses Develop the agricultural economic base through the attraction of value adding
agricultural industries Facilitate more intensive use and diversified use of rural land for higher value products,
including horticulture, intensive animal husbandry, timber production and agroforestry Facilitate diversification and development of rural land when it can be demonstrated
that the economic base of the Shire will be enhanced Promote the region in terms of its natural qualities such as water supply, rainfall, soils,
river flats and high quality produce
21.04-4 IMPLEMENTATION
The strategies and objectives will be implemented by:
Applying the Farming Zone to all agricultural land Use a 40 hectare minimum lot size for subdivision in the Farming Zone
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Applying the Environmental Significance Overlay to areas of high quality agricultural land around Toolangi, Kinglake and the Goulburn River
Identify land within the 1 in 100 year flood area within the Rural Floodway overlay and Land Subject to Inundation overlay
Application of the House Lot Excision and High Quality Agricultural Land policies to guide subdivision in rural areas and on land of high agricultural quality
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21.05 TIMBER STRATEGIES
21.05-1 Context
The timber industry has played a prominent role and has a long history in the Murrindindi Shire Council municipal district. The district plays an important role, providing approximately 16 % of the northeastern region's softwood plantation timber on both public and private land.
Sawmills within Alexandra, Murrindindi, Marysville and Narbethong currently process a large part of the timber produced within the region. The processing of 12% of Victoria’s timber has a significant economic benefit for the Shire.
Current output of timber produced within the shire is estimated to be 265,000 tonnes of both hardwood and softwood timber. The expansion of these industries will be dependent on the establishment of new plantations on freehold land within the region. Hardwood production from the ash forests will continue to generate 115,000 tonnes per annum, which is a sustainable output that will ensure the future of the forest and the industry that it supports. This hardwood operation is one of the largest in Australia.
Softwood production in the Shire is currently producing 160,000 tonnes per annum of which 115,000 tonnes is being exported as pulp and 45,000 tonnes is processed for sawlogs.
Approximately 11,000 hectares of plantations have been established within the Narbethong region. This resource plays a major role within the shire. The major proportion of the resource is exported to Japan. The expansion of timber production in the past 5 years has been due to substantial thinning operations to prepare the plantations for sawlog harvesting from 1999 onwards.
In 3 years the expected output from this timber resource will be a constant 90,000 tonnes of sawlogs per annum, which will last until the year 2020. This resource may have potential for attracting new processing and service related industries.
The State Government is supporting the timber Industry in trebling the plantation resource by the year 2020. Certainty in establishing new timber industries and mills to harvest plantation products must be developed through the planning process and in the planning scheme.
Agroforestry and the use of plantations to help address current landcare issues needs to be promoted and further investigated. The attributes of the Shire, in particular rainfall, are conducive to plantation forestry for hardwood and softwood production. Identification and promotion of agricultural areas currently affected by soil erosion and other environmental problems that may be suitable for forestry and agroforestry needs to be undertaken.
The attributes of existing timber processing industries, relevant skill and expertise, adequate rainfall and suitable landform place the shire in an advantageous position to expand this environmentally sustainable industry. The improvement in access to the Geelong Port facilitated by the Western Ring Road and other transport improvements will also increase the opportunities for the timber industry.
21.05-2 Issues
Identification of areas to accommodate the proposed expansion of the area of timber plantations and processing industries.
The need for road and bridge infrastructure to service plantation and agroforestry development.
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The need for the expansion of timber production on private grazing land.
21.05-3 Strategies and objectives
Encourage the expansion of timber production and agroforestry within areas that are capable of providing road infrastructure to plantation areas.
Encourage the development of new processing, value adding and service related industries.
Encourage agroforestry to reduce environmental problems associated with erosion and clearing of native vegetation.
Facilitate more intensive use and diversified use of rural land for higher value products, including timber production, that are compatible with surrounding farming practice.
21.05-4 Implementation
The strategies and objectives will be implemented by:
Applying the Farming Zone to the land occupied by timber plantations and the Victoria Plantation Corporation.
Allowing the establishment of plantations in the Farming Zone without the need for a planning permit.
Establish a Plantation Committee within the shire to encourage and promote the benefits of timber plantations and agroforestry.
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21.06 TOURISM STRATEGIES 14/01/2010 C25
21.06-1 Context 05/04/2006 C13
The natural environment is critical to the future development of the tourist industry within the shire. Significant natural attributes include the popular national parks (Lake Eildon, Kinglake), state parks (Cathedral), the major river systems (Goulburn, Rubicon, Big, Yea, Murrindindi, King Parrot, Acheron), Lake Eildon, the alpine resort of Lake Mountain and the general rural environment. These attributes combine to provide a comprehensive and diverse tourist product.
The shire also has multiple highway access with the combination of the Melba, Maroondah and Goulburn Valley Highways and the Whittlesea-Yea Road. These major roads combine to provide excellent access into the region.
Eildon township, on the shore of Lake Eildon, and Marysville, near Lake Mountain Alpine Resort, are strategically located and have significant tourist features. These towns provide a range of accommodation and amenity provision opportunities.
The municipality is covered by the Goulburn Murray Waters Regional Tourism Development Plan.
The municipality has a diverse and colourful history and includes many sites and structure that are of heritage significance.
21.06-2 Issues 14/01/2010 C25
Protection of National Trust listed landscapes
Strip development along major highways and roads
Need for a comprehensive heritage study
Ensuring that the landscape and natural features that make the Murrindindi environment unique are not degraded or spoilt
Proximity to Melbourne
Tourism potential due to strategic location and natural environment
Potential for further development of outdoor education based enterprises
Rebuilding accommodation and tourist facilities in Marysville and the Triangle following the 7 February 2009 bushfires.
21.06-3 Strategies and objectives 14/01/2010 C25
Develop policies and overlays that protect the major landscape features of the Shire
Facilitate tourist uses and developments that are linked to the natural environment
Develop thematic signage for all tourist establishments, venues and places of interest
Protection and recognition of sites and structures of heritage significance based on a heritage study
Protection of water quality and environmental degradation in relation to new developments
Facilitate recreational and tourism activities that attract tourists year round
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Implement the tourism recommendations of the Eildon Urban Design Framework, August 2003, Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009 and Yea Urban Design Framework, August 2003
Capitalise on the significant tourism and economic benefits provided by visitors to the municipality, including the potential for Yea to capitalise on its strategic location to capture passing trade
21.06-4 Implementation 14/01/2010 C25
The strategies and objectives will be implemented by:
Applying the Rural Zone to rural land and protecting agricultural and environmental values through policies
Utilising the Environmental Rural Zone for the Taylor Bay area
Applying the Significant Landscape Overlay to land adjoining Lake Eildon, the Cathedral Range State Park and the Trawool Valley
Applying the Significant Landscape Overlay to protect the visual quality of landscape identified by the National Trust around the Cathedral State Park and Trawool Valley
Application of the Rural Siting and Design Guidelines policy to guide development away from ridgelines and the use of muted colours in rural areas
Application of the Eildon Township Policy, the Yea Township Policy and the Marysville Business Area Policy to enhance tourism potential and provide tourism focus for the towns
Undertaking a Stage 1 heritage identification study of the municipality by the end of 2001
Develop a tourism and promotion strategy that:
Examines links with all surrounding tourist regions
Examines future strategic plans for the Goulburn Valley, Melba, Maroondah and Hume Highways, and the Yea-Whittlesea Road
Develops the concept of a day/weekend circuit encompassing natural environment features and township areas along major roads and highways
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21.07 SERVICED TOWNSHIPS STRATEGIES 14/01/2010 C25
21.07-1 CONTEXT 14/01/2010 C25
Alexandra, Yea, Eildon and Marysville are all serviced by reticulated water, drainage and sewerage. Alexandra, Yea and Eildon have existing land and potential reticulated services to accommodate further residential growth in the medium term.
The serviced towns of Murrindindi Shire play a significant role in service provision and general vitality of the shire. These towns all have excellent community, educational and recreational facilities, with easy access to both regional centres and the Melbourne metropolitan area. These significant towns all have distinct commercial, residential and industrial facilities, and have potential for expansion.
Strategic land use directions for the Eildon and Yea townships have been outlined in the urban design frameworks Eildon Urban Design Framework, August 2003 and Yea Urban Design Framework, August 2003. These frameworks outline long term land use and development opportunities and directions, provide design guidance and assist in setting Murrindindi Shire Council and community priorities for works, projects and actions.
Alexandra and Yea have experienced demand for low density residential growth and have the service capacity to allow an expansion of this form of development. The Rural Residential Study, Murrindindi Shire, March 2004 has demonstrated the need and capacity for further land to be zoned Low Density Residential at Alexandra and Yea and further land to be zoned Rural Living at Alexandra, Yea and Eildon.
Provision of Low Density Residential land at Alexandra and Yea is required to meet demonstrated requirements for a range of residential densities in towns with the demand for lower density residential development, reticulated water provision and an ability to dispose of effluent.
Murrindindi Shire has experienced considerable demand for rural living development. Areas around Alexandra, Yea and Eildon have the demand and capacity to provide rural living development in locations that have ready access to a range of physical and social services. Many of these areas are already fragmented into rural living type lots and have existing rural living type development located on them.
Rural living development areas around Alexandra, Yea, Eildon and Marysville can be provided on a sustainable basis, implementing the Goulburn Broken Regional Catchment Strategy, November 2003 key principle of ‘landscape change’ where net environmental gain is achieved through the use and development for land for ‘rural living’ purposes.
The Rural Residential Study, Murrindindi Shire, March 2004 has demonstrated the need for additional rural living areas nearby Alexandra, Yea, Eildon and Marysville. Sustainable rural living development can be achieved through the use of the Rural Living Development Guidelines, Murrindindi Shire, March 2004, which have been developed to guide the design and development of rural living areas.
Marysville is serviced by reticulated water, sewerage and some drainage. Before the devastating fire on 7 February 2009 Marysville played a significant role in service provision, tourism and general vitality of the south-east section of the municipality. It is intended that this role is re-established as part of the rebuilding of Marysville. The strategic direction for the redevelopment of Marysville is provided in the Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009.
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21.07-2 ISSUES 14/01/2010 C25
General
Modest population growth
The need for consolidation of urban areas
Maximising infrastructure investment The need to provide Low Density Residential zone opportunities nearby townships with
reticulated water supply and Rural Living zone opportunities in proximity to established townships
Provision of rural living zoning, subdivision and development on a sustainable development basis
Requirement for external development contributions for new subdivision and development in residential, low density residential and rural living areas
Consolidating retail precincts
Providing car parking on under utilised land, located at the rear of each retail precinct
Providing tourist information centres
Landscaping and beatification of township entrances
Preparing future development plans for existing industrial precincts
Alexandra
Possible provision of bypass routes for Alexandra
Yea
Open spaces in Yea are generally under developed and require further improvements to maximise their potential
The Yea Urban Design Framework, August 2003 establishes that the High Street retail precinct has existing built design, siting and character that should be protected and that new development in the precinct should be compatible with and complement this built form and character
The Yea Urban Design Framework, August 2003 establishes that the Station Street area and former rail reserve has important scenic, landscape, environmental and built design character that should be protected and that new development in the area should be compatible with and complement this character
The former garage site in Station Street is a gateway into Yea that requires sensitive building design and siting
Marysville
Rebuilding and economic return of Marysville following the 7 February 2009 bushfires.
Marysville has ready access to Melbourne and the Yarra Valley
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Ensuring Marysville is rebuilt as a scenic mountain village located in an attractive setting in the Steavenson River valley enclosed by vegetated forest and hills
Encouraging the return of the population of Marysville, with an increasing percentage of permanent residents compared to the pre-fire numbers
Ensuring Marysville has a strong image and role as tourist centre with the presence of large accommodation developments, conference facilities, guest houses and complementary tourist facilities.
Reinstate the strength in natural resource tourism.
Expand beyond the natural resource based tourism to broaden the current seasonal based tourism sector
Marysville will aim to increase tourism visitation in the future, consolidating itself as a year round tourist destination
Marysville is the main gateway to the nearby Lake Mountain and will re-establish its major role as a service centre for skiing and visitation to Lake Mountain
Marysville will redevelop a well defined, attractive town centre with low rise built form
Need to re-create a vibrant, safe and quality streetscape in Murchison Street
Marysville township is characterised by mature avenues of deciduous trees that form a vital component of the town’s landscape character and historic links to the pre-fire character
Attractive gateways into Marysville from Melbourne and Buxton
Need to recreate and enhance employment opportunities
Business premises and opportunities, and development of business and commercial services for permanent residents and visitors will be the supported as a key focus for rebuilding Marysville
Steavenson River and tributaries provide an important landscape and public open space network through Marysville which will be expanded and enhanced through the rebuilding process.
Walkability and pedestrian access are key features of Marysville which will be expanded and enhanced as part of the redevelopment of Marysville.
Need to identify land for employment opportunities including industrial land in the Triangle area.
Eildon
Open spaces in Eildon are generally under developed and require further improvements to maximise their potential.
A relatively high proportion of Eildon’s dwellings are for holiday purposes, with permanent residents accounting for approximately 60% of dwellings.
The Eildon Urban Design Framework, August 2003 establishes that the Eildon shopping centre precinct has existing 1950’s style built design, siting and character that should be protected and that new development in the precinct should be compatible with and complement this built form and character.
The Eildon Urban Design Framework, August 2003 establishes that the Golden Trout Hotel site forms part of an important gateway into Eildon and is strategically located on the northern side of the pondage, requiring that new development complements the character, design, form, views and appearance of the area.
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21.07-3 STRATEGIES AND OBJECTIVES 14/01/2010 C25
GENERAL
Consolidate residential growth within the major townships that can be serviced by reticulated water and sewerage infrastructure
Develop under-utilized open spaces and promote the connection of open spaces to encourage pedestrian movements within existing townships
Provide Low Density Residential zone opportunities nearby townships with reticulated water supply and Rural Living zone opportunities in proximity to established townships
Increase the level of infrastructure provision for low density residential development to reduce environmental impacts associated with effluent disposal, construction of roads and the provision of water and power
Provide net environmental benefit and sustainable outcomes through the subdivision and development of land zoned Rural Living
Maximise infrastructure use and improve the quality of infrastructure services within and nearby the major towns of the municipality
Increase the level of external development contributions for residential, low density residential and rural living subdivision and development through the use of development contributions plans
Maximise industrial development opportunities within existing and proposed industrial precincts
Alexandra
Consolidate commercial development within the Bayley Street, Myrtle Street and Nihil Street precinct
Provide car parking for tourist and commercial operators at the rear of the commercial premises on the southern side of the Grant Street
Provide for peripheral sales along the Maroondah Highway between Grant Street and Albert Street
Provide for industrial expansion and development at the abattoir site west of McKenzie Street
Provide for the orderly development of the Alexandra industrial areas in Lamont and McKenzie Streets through the outline development plan process
Provide Low Density Residential Zone expansion opportunities to the east of the Alexandra township, southwest of the Goulburn Valley Highway, to provide the potential for a range of residential densities and development with reticulated water
Provide Rural Living Zone expansion opportunities to the northwest and south of the Alexandra township with a minimum and average subdivision sizes of 4 and 6 hectares to implement sustainable rural living subdivision, design and development and recognise the fragmented pattern of subdivision in the area
Investigate and support a range of low density residential and residential zoning, density and development on land to the south of Alexandra between Halls Flat Road and Plantation Lane, subject to further strategic justification, land capability assessment, demand, subdivision design and layout, and servicing availability
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Yea
Implement the strategic directions and recommendations of the Yea Urban Design Framework, August 2003
Consolidate the retail core between Snodgrass Street and the Goulburn Valley Highway
Provide car parking facilities at the rear of shops on the northern side of High Street accessible from Snodgrass Street
Ensure that subdivision of land at the rear of the High Street retail precinct provides pedestrian and vehicular linkages between High and Snodgrass Streets and in an east – west direction through the outline development plan process
Provide for the orderly development of the residential area adjacent to the Yea High School through the outline development plan process
Provide for the orderly development of the Yea industrial area through the outline development plan process
Provide a mixture of residential, commercial and tourism related uses and developments in the Station Street area
Protect sites, structures and views of heritage significance
Protect significant views and landscapes visible from the rail trail reserve
Increase the supply of medium density housing and elderly persons units in the town with access to shops and services
Protect the existing built design, siting and character of the High Street retail precinct, ensuring that new development in the precinct is compatible with existing design, siting and character
Further develop High Street, Yea as a linear park with additional amenities and facilities, including public toilets
Improve the function and appearance of the High Street retail precinct
Protect and enhance the scenic, landscape, environmental and built design character of the Station Street area and former rail reserve, ensuring that building height, bulk and setbacks are sympathetic and compatible with this existing character
Ensure that the Station Street precinct is protected as a major gateway into Yea
Ensure that views are maintained to and from the rail trail reserve and that connectivity is provided between private land and open space in the rail trail reserve precinct
Develop the Yea River and wetlands for additional recreational and environmental purposes, including the development of the police paddocks land
Undertake traffic, car parking, pedestrian and streetscape improvements in Yea to implement the Yea Urban Design Framework, August 2003, including the undergrounding of existing powerlines in High Street
Provide Low Density Residential Zone opportunities to the southeast and southwest of the Yea township to provide the potential for a range of residential densities and development with reticulated water
Provide Rural Living Zone opportunities to the north, northeast, east, and west of the Yea township with a minimum and average subdivision sizes of 4 and 6 hectares to
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implement sustainable rural living subdivision, design and development and recognise the fragmented subdivision pattern of land in the area
Marysville
Implement the strategic directions and recommendations of the Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009
Maintain the attractive physical setting and environmental values of the Marysville township
Protect and enhance Marysville’s mountain village townscape, lifestyle and tourism values
Protect essential design, form and character elements of the central area of Marysville
Respect and strengthen the township’s characteristic urban design assets and built form typology
Encourage new development to be built in a human scale
Orient buildings in the central area of Marysville to street frontages to maintain key character elements of this area
Ensure pedestrian safety, access, amenity and orientation in Murchison Street and Marysville township as whole
Improve the amenity and attractiveness of the town centre and better integrate and celebrate its key features
Promote environmentally sustainable development that maintains and enhances the local landscape structure and scenic views
Increase the safety, amenity and accessibility of streets and public spaces throughout the township
Reconstruct and expand the Murchison Street improvements to provide a quality, consistent, vibrant and safe main street and central area focus for the Marysville township
Rebuild residential, employment and business and community opportunities and services
Create improved opportunities for business and industry compatible with the townscape ambience
Enhance pedestrian access and orientation in Marysville, including the provision of networks, walking trails and footpaths and a Triangle connection network of trails
Develop and expand the Steavenson River network as the landscape and open space spine for Marysville, including linkages to surrounding natural areas
Enhance accessibility through the retention and expansion of recreation trails and networks including the Triangle connection network of trails
Redevelop Marysville’s large accommodation and former guest houses and resorts sites within landscaped gardens
Redevelop a tourism and commercial precinct in the Darwin Street area, providing additional car parking in the precinct, particularly for visitors to Lake Mountain
Enhance the civic, cultural, sports and entertainment precinct in the Gallipoli Park environs
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Prioritise rebuilding in existing business and residential zones until Marysville is significantly re-established and achieves the intent of the Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009.
Eildon
Implement the strategic directions and recommendations of the Eildon Urban Design Framework, August 2003
Promote the township as a tourist destination, promoting the town’s history and available services and amenities
Establish a consistent theme for improvements to the design and presentation of the town
Upgrade key visitor destinations and landmarks in the town
Enhance the range of tourist and recreational activities in the township available at all times of the year
Encourage initiatives that increase the number of permanent residents living in the town
Promote initiatives that will encourage retirees to settle in Eildon
Upgrade and connect existing and proposed new open space in Eildon, including connections between residential areas, the shopping centre and the pondage
Establish a consistent theme for the design, presentation and physical improvements to the Eildon township
Undertake traffic, car parking, pedestrian, landscaping and streetscape improvements in Eildon to implement the Eildon Urban Design Framework, August 2003, including improvements around Utah Place and landscape treatments at the main entry points to Eildon
Investigate the transfer of Goulburn Murray Water land in Eildon to Murrindindi Shire Council ownership, including roads, drainage and open space
Provide Rural Living Zone opportunities to the southwest of the Eildon township with a minimum and average subdivision sizes of 4 and 6 hectares to implement sustainable rural living subdivision, design and development and recognise the fragmented subdivision pattern of land in the area
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MUNICIPAL STRATEGIC STATEMENT - CLAUSE 21.07 PAGE 10 OF 13
MURRINDINDI PLANNING SCHEME
MUNICIPAL STRATEGIC STATEMENT - CLAUSE 21.07 PAGE 11 OF 13
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21.07-4 IMPLEMENTATION 14/01/2010 C25
The strategies and objectives will be implemented by:
General
Applying the Business 1 Zone to the retail areas of townships
Applying the Business 4 Zone to peripheral business areas located adjacent to highway entrances
Applying the Industrial 1 Zone to general industrial areas
Using the Rural Living Development Guidelines, Murrindindi Shire, March 2004 to provide sustainable rural living subdivision, design and development that implements the Goulburn Broken Regional Catchment Strategy, November 2003
Prepare development contributions plans to be applied through the Development Contributions Plan Overlay for new areas to be subdivided and developed in the Residential 1 Zone, Low Density Residential Zone and Rural Living Zone
Alexandra
Using the Industrial 2 Zone for areas comprising major industries
Prepare an outline development plan for the Alexandra industrial areas adjacent to Lamont Street and McKenzie Street
Applying the Low Density Residential Zone to land to the east and south of the Alexandra township, also applying the Development Plan Overlay to guide the layout and form of future subdivision and development
Applying the Rural Living Zone with a minimum and average subdivision sizes of 4 and 6 hectares to the northwest and south of the Alexandra township
Yea
Applying the Mixed Use Zone to the Station Street area of Yea
Prepare an outline development plan for the residential areas adjacent to the Yea High School
Prepare an outline development plan for the Yea industrial estate
Application of the Development Plan Overlay and preparation of a development plan for the commercial area between High Street and Snodgrass Street
Implement policy directions and works in Yea township through the application of the Yea Township policy and implementation of the Yea Urban Design Framework, August 2003
Applying the Low Density Residential Zone to land to the southeast and southwest of the Yea township, also applying the Development Plan Overlay to guide the layout and form of future subdivision and development
Applying the Rural Living Zone with a minimum and average subdivision sizes of 4 and 6 hectares to the north, northeast, east, and west of the Yea township
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Marysville
Applying the Environmental Audit Overlay to the former sawmill site on the western side of Racecourse Road, Marysville prior the residential development of the land
Applying the Design and Development Overlay over the Business 1 Zone within Marysville
Implement policy directions and works in Marysville township through the implementation of the Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009
Prioritise development within the existing urban zones, until the rebuilding of Marysville has substantially occurred and at least one major accommodation and conference centre has been built and is operating in the centre of Marysville.
Limit subdivision or redevelopment of former large accommodation sites for uses other than tourist related accommodation or tourist facilities.
Implement policy directions and works in Marysville township through consideration of the Marysville Business Area and Marysville Residential Areas local policies in determining planning applications.
Eildon
Implement policy directions and works in Eildon township through the application of the Eildon Township policy and implementation of the Eildon Urban Design Framework, August 2003
Applying the Rural Living Zone with a minimum and average subdivision sizes of 4 and 6 hectares to the southwest of the Eildon township
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21.08 KINGLAKE STRATEGIES 19/07/2007 C12
21.08-1 Context 19/07/2007 C12
The settlements collectively referred to as ‘Kinglake’ include Kinglake East, Kinglake West, Kinglake Central and Pheasant Creek. These areas have historically suffered from a lack of infrastructure provision and co-ordinated planning. Until recent Council amalgamations, Kinglake was located on the edge of three municipalities, each with different planning strategies and controls. This has lead to a generally ad-hoc and poorly planned settlement pattern that is poorly served by basic infrastructure.
Kinglake is located at the southern end of the Goulburn River catchment and to the north and the Yarra River catchment. It has a combined population of approximately 1600 people.
The Kinglake area is in the catchment for the water supply of urban and rural communities downstream. It also forms part of the Goulburn Valley water supply that is critical to industry and agricultural production within the Goulburn and Murray Valley areas.
The subdivision pattern at Kinglake East consists of approximately 560 allotments that are predominantly under 1000 square metres in area. These lots are located within heavily treed areas with no reticulated services available such as water or sewer. Some roads are unsealed, with little or no stormwater or drainage facilities.
The alternative lifestyle era of the 1970’s has seen a proliferation of rural residential subdivision, again unserviced with no water or sewer. Road construction has been ad hoc with some roads having sealed surfaces and others with gravel pavements.
The Kinglake Flowerdale Integrated Strategy Plan, March 2003 outlines coordinated directions for land use, development, community issues, environmental protection and infrastructure provision in the Kinglake West, Pheasant Creek and Flowerdale areas. The integrated strategy will assist in managing residential and rural lifestyle demands, servicing and environmental protection of these areas.
The Kinglake West/Pheasant Creek rural village has unique low-density residential lifestyle opportunities. Development within the area will proceed in a way that protects the environmental significance and the country feel of the area. The protection of vegetation, waterways and sustainable land management represent the overarching environmental objectives of the area. The area will continue to offer a quality lifestyle alternative to urban development on Melbourne’s northern fringe. Tourism, agriculture and home-based business enterprises will contribute to the economic and social functioning of the area.
21.08-2 Issues 19/07/2007 C12
Fire risk associated with settlement adjacent to forested land and lack of reticulated water
Contamination of domestic bores by septic tanks at Kinglake East
Management of heavy traffic within Kinglake East
Need for bicycle and pedestrian links needed between the settlements of Kinglake East, Kinglake Central, Pheasant Creek and Kinglake
Lack of community facilities for both the elderly and youth
Need to outline future development patterns for roads, lots, services and recreation land and corridors
Kinglake West/ Pheasant Creek industrial/ commercial precinct comprising the district’s prime light industrial centre and secondary retail focus
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Protection of remnant native vegetation
21.08-3 Strategies and objectives
Reticulated sewerage and water services for Kinglake East and Pheasant Creek. 19/07/2007 C12
No further expansion residential areas in the Kinglake area until reticulated services can be provided or the effluent disposal issues can be dealt satisfactorily by other means.
Restructuring land holdings in Kinglake West, Kinglake East and Pheasant Creek.
Parking, bicycle and, pedestrian facilities, the need for heavy vehicle routes around residential and community areas and access and provision of public transport to the Kinglake area.
Guide the future use and development of land in the Kinglake West and Pheasant Creek areas through the use of the Kinglake Flowerdale Integrated Strategy Plan, March 2003
Outline future layout and form of rural living subdivision in the area, including protection of areas of remnant native vegetation
Protect the existing broiler farm on the eastern side of Pheasant Creek Road from impacts of rural living subdivision and development through the provision of a 300 metre buffer separating these uses
Ensure recreation contributions for subdivisions in Rural Living Zone areas with a minimum subdivision size of 2 hectares
Incorporate areas of remnant vegetation into lineal public open space corridor when possible through recreation contributions made through the subdivision of land
Investigate and nominate preferred location of future active playground, open space and pedestrian, bicycle and equestrian trails
Provide for open space, recreation and environmental corridor linkages through the preparation and approval of outline development plans, subdivision and development of land, and infrastructure contributions through subdivision
Develop and implement urban design proposals and streetscape works in the Kinglake West/Pheasants Creek industrial/ commercial precinct in the short term to improve the appearance and traffic management of the estates
Provide additional industrial land after further investigation and demonstration that the existing Pheasant Creek industrial estate is reaching capacity
Aged care facility that will accommodate a wide range of housing styles and choices to meet the needs of both couples and single adults.
Consideration of youth social issues.
21.08-4 Implementation 19/07/2007 C12
The strategies and objectives will be implemented by:
Application of the Urban Areas and Effluent Disposal and Water Quality policies to reduce environmental impacts of effluent disposal systems for new developments
Instigating further studies in relation to the environmental, social and physical issues facing the Kinglake community.
Review the strategies and recommendations of the Kinglake and Flowerdale Integrated Strategy Plan, March 2003 as they relate to the Kinglake area
Application of the Development Plan Overlay to guide the future layout and form of subdivision in the area, including provision of a 300 metre buffer from the exiting
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broiler farm in the eastern side of Pheasant Creek Road and the protection areas of the remnant native vegetation in future subdivisions and development of land
Investigate the upgrading of the road link between Kinglake and Glenburn via Extons Road.
Liaise with Vic Roads to upgrade the intersections of Whittlesea and Kinglake Road and National Park Rd/ Watsons Road
Investigate alternative sites to provide additional light industrial land in the future in consultation with the community
In conjunction with the Goulburn Valley Water Board, develop a strategy to bring reticulated sewerage and water services to Kinglake.
Develop restructure plans for Kinglake West, Kinglake East and Pheasant Creek for use with the Restructure Overlay.
Develop an access strategy that examines, parking, bicycle and, pedestrian facilities, the need for heavy vehicle routes around residential and community areas and access and provision of public transport to the Kinglake area.
Formation of a community forum which can assist Council and the community in making decisions about the future of the area.
Develop an aged care facility that will accommodate a wide range of housing styles and choices to meet the needs of both couples and single adults.
Regular monitoring of youth needs and activities by a youth worker.
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21.09 OTHER TOWNSHIPS STRATEGIES 19/07/2007 C12
21.09-1 Context 19/07/2007 C12
Apart from Kinglake, the Shire has number of other unsewered small urban developments. Land within these townships includes allotments ranging from small residential sized lots created in the early parts of the century to rural residential lots developed the 1970’s and 1980’s. A potential problem in relation to these areas can be the effluent generated by the septic tank installations polluting ground water and adversely affecting water quality in the headwaters of the catchment.
Development has tended to take place on an ad-hoc basis without the benefit of an overall plan or provision for reticulated sewerage or water supply. Murrindindi Shire Council has the following unsewered areas:
Buxton, Taggerty, Yarck, Thornton, Molesworth and Narbethong are all small villages located adjacent to the Maroondah Highway and Goulburn Valley Highway
Taylor Bay, located on the edge of Lake Eildon, is a sprawling settlement of low density residential allotments located around two arms of Taylor Bay, Lake Eildon
Toolangi, located on the Great Dividing Range, is surrounded by high quality land suitable for horticulture and flower production
The Long Gully Road area and the Silver Creek area, both south of Flowerdale, are small subdivisions that do not have reticulated water and sewerage. The Long Gully Road area is less developed and has a range of environmental and servicing constraints and difficulties
The Torbreck Street area, south of Taggerty, is an old and inappropriate subdivision without reticulated water and sewerage. The area has a range of environmental and servicing constraints and difficulties
Despite the lack of sewerage, the towns of Buxton, Molesworth and Thornton have reticulated water supply.
Murrindindi Shire has experienced considerable demand for low density residential and rural living development. The Rural Residential Study, Murrindindi Shire, March 2004 has demonstrated the need and capacity for further land to be zoned Low Density Residential at Buxton and further land to be zoned Rural Living at Buxton and Yarck.
Provision of Low Density Residential land is required at Buxton to meet demonstrated demand for lower density residential development in a town with reticulated water provision and an ability to dispose of effluent. Areas around Buxton and Yarck have the demand and capacity to provide rural living development in locations that have ready access to a range of physical and social services. Many of these areas are already fragmented into rural living type lots and have existing rural living type development located on them.
Rural living development areas around Buxton and Yarck can be provided on a sustainable basis, implementing the Goulburn Broken Regional Catchment Strategy, November 2003 key principle of ‘landscape change’ where net environmental gain is achieved through the use and development for land for ‘rural living’ purposes.
Sustainable rural living development can be achieved through the use of the Rural Living Development Guidelines, Murrindindi Shire, March 2004, which have been developed to guide the design and development of rural living areas.
The Kinglake Flowerdale Integrated Strategy Plan, March 2003 outlines coordinated directions for land use, development, community issues, environmental protection and infrastructure provision in the Kinglake West, Pheasant Creek and Flowerdale areas. The
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integrated strategy will assist in managing residential and rural lifestyle demands, servicing and environmental protection of these areas.
Flowerdale will be recognised for the natural beauty and bush settings of the Flowerdale district, nestled in the Valley of King Parrot Creek and surrounded by native forest. The area will offer lifestyle living alternatives to more urbanised development. Any further development will proceed with regard to retaining the bush aspect and character and protecting and enhancing the environmental integrity of the area. The area will represent an important transport tourism route for access to the north of the Shire and will enable commuting to the northern suburbs of Melbourne by its residents.
21.09-2 Issues19/07/2007 C12
Unsewered urban development resulting in the pollution of the environment and the Goulburn-Broken catchment
Absence of reticulated sewerage, and for some towns, reticulated water supply Ability of existing and new lots to dispose of effluent Maximising the use of existing infrastructure within and nearby established townships The need to provide Low Density Residential zone opportunities in the Buxton
township and Rural Living zone opportunities in proximity to established townships Requirement for external development contributions for new subdivision and
development in township, low density residential and rural living areas Provision of rural living zoning, subdivision and development on a sustainable
development basis Location of development within high fire hazard areas without a reticulated water
supply The need to avoid environmental impacts, prevent further servicing problems, minimise
development and restructure existing lots in inappropriate subdivisions in the Long Gully Road area, south of Flowerdale, and the Torbreck Street area, south of Taggerty
21.09-3 Strategies and objectives19/07/2007 C12
Guide the future use and development of land in the Kinglake West and Pheasant Creek and Flowerdale areas through the use of the Kinglake Flowerdale Integrated Strategy Plan, March 2003
No expansion of areas for residential development until servicing has been adequately addressed
Provide Low Density Residential zone opportunities in the Buxton township to provide the potential for a range of residential densities and development with reticulated water
Guide the design, layout, subdivision, form, servicing and coordination of future development of Low Density Residential zoned land through the use of development plans
Provide Rural Living zone opportunities in proximity to the established townships of Buxton and Yarck
Provide net environmental benefit and sustainable outcomes through the subdivision and development of land zoned Rural Living
Maximise infrastructure use and improve the quality of infrastructure services within and nearby the major towns of the municipality
Increase the level of external development contributions for township, low density residential and rural living subdivision and development through the use of development contributions plans
Provision of reticulated sewerage and water services to the unsewered settlements based on priority
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Minimising environmental impacts from growth of unserviced settlements Minimising environmental impacts and servicing difficulties from further development
in unserviced and constrained settlements. In particular, development should be minimised and existing lots restructured in inappropriate subdivisions in the Long Gully Road area, south of Flowerdale, and the Torbreck Street area, south of Taggerty
Restructure existing lots in the Long Gully Road area, south of Flowerdale, and the Torbreck Street area, south of Taggerty
Bringing sub-standard septic systems into conformity with current SEPP standards Limit further expansion of the Silver Creek or Long Gully comprehensively developed
estates No expansion of the urban zones within Flowerdale, Silver Creek or Hazeldene will be
considered until reticulated infrastructure, particularly sewerage, is supplied Undertake road safety improvements in the short term, including a review of speed
zones, provision of safer access to and from Whittlesea-Yea Road, marking of school bus stops, roadside buffer landscaping at Flowerdale, provision of bicycle/pedestrian trails and regular road side maintenance
21.09-4 Implementation19/07/2007 C12
The strategies objectives will be implemented by: Applying the Low Density Residential Zone to land to the southwest of the Buxton
township, also applying the Development Plan Overlay to guide the design, layout, subdivision, form, servicing and coordination of future development
Applying the Rural Living Zone with a minimum and average subdivision sizes of 4 and 6 hectares to the north of the Buxton township and southeast and northwest of the Yarck township
Using the Rural Living Development Guidelines, Murrindindi Shire, March 2004 to provide sustainable rural living subdivision, design and development that implements the Goulburn Broken Regional Catchment Strategy, November 2003
Prepare development contributions plans to be applied through the Development Contributions Plan Overlay for new areas to be subdivided and developed in the Township Zone, Low Density Residential Zone and Rural Living Zone
Rezone the Silver Creek estate area to Riverside Crescent to Township Zone with the application of the Design Development Overlay to ensure that minimum setbacks are provided for all buildings from all waterways
Rezone land in Yea-Whittlesea Road, within the Silver Creek estate that is presently subdivided into rural living type lots to Rural Living Zone, with a minimum lot size of 8 hectares
Rezone the Hazeldene produce store and the Flowerdale hotel to Business 1 Zone to encourage further commercial development
Application of the Restructure Overlay to the Long Gully Road area, south of Flowerdale, and the Torbreck Street area, south of Taggerty
Application of the Urban Areas and Effluent Disposal and Water Quality policies to reduce environmental impacts of effluent disposal systems for new developments
Instigating further studies in relation to the environmental, social and physical issues facing these small communities prior to any further expansion
In conjunction with Goulburn Valley Water, develop a strategy to bring reticulated sewerage and water services to the unsewered settlements based on priority
Develop a septic tank inspection program to bring sub-standard systems into conformity with current SEPP standards
Investigate buying allotments for consolidation to existing lots or crown land areas. Develop fire protection, stormwater management and road construction programs and
plans for the above areas
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Investigate and when appropriate develop and implement the following community, recreational and leisure services / facilities in Kinglake West, Pheasant Creek and Flowerdale:
Short – Medium Term:
The on-going monitoring of community based health services ensuring that the needs of the community are being met
Increased frequency in public transport Integrated pedestrian/ bicycle/ horse trails linking residential areas and existing
commercial and community centres of activity Improved tourism facilities and services such as signage and improvements to the
picnic areas at the Hazeldene store Construction of an environmental public toilet facility in the Hazeldene Store area
Long Term:
Youth facilities (eg BMX track, youth programs, community house/drop in centre) Additional recreational land and facilities beside and within Byrneside Reserve
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MUNICIPAL STRATEGIC STATEMENT - CLAUSE 21.10 PAGE 1 OF 2
21.10 NATURAL RESOURCE MANAGEMENT STRATEGIES
21.10-1 Context
The municipality is blessed with significant areas of native forest, productive agricultural land and clean watercourses.
The natural resources of the municipality form the basis of the three fundamental industries within Murrindindi, those being agriculture, timber and tourism. These industries underpin the economy of shire.
The long term viability of these industries depends on the health of the natural environment.
The Goulburn River is an important natural feature that has cultural and heritage significance. The river is designated as a heritage river under the Heritage Rivers Act 1992.
Flooding
The catchments of the various rivers and streams within the municipality include areas of flood prone land, where flooding has historically caused substantial damage to the natural and built environment. Floods are naturally occurring events and the inherent functions of the floodplains to convey and store floodwater should be recognised and preserved to minimise the deterioration of environmental values, the long term flood risk to floodplain production, assets and communities.
Flooding imposes substantial costs on individuals and the community. While significant costs are incurred by direct damage to public and private property, indirect costs to the community such as loss of productivity, displacement of residents, closure of roads, trauma and ill health are also significant. Notwithstanding these significant impacts, natural flooding of floodplains and their associated wetlands provide essential breeding habitats for bird and aquatic species, and promotes the health of rivers and floodplains.
It is evident that the impact of floods is increasing due to land use and vegetation changes. In particular:
Raised earthworks (including but not limited to roadworks, levees and farm channels) have reduced natural flood storage, obstructed and/or redistributed flood flows, and increased flow velocities and levels; and
Urban expansion has occurred in floodplains, reducing flood storage, obstructing flood flows and increasing the risk to life, health and safety to occupants of the floodplain.
Sound floodplain management in the municipality is the critical means by which the economic, social and environmental risks associated with floodplain use and development can be minimised. Floodplain management is provided through the use of the Flood Overlay, Land Subject to Inundation Overlay, Urban Floodway Zone and the Murrindindi Local Floodplain Development Plan, Precinct of Goulburn River, May 2008 that has been prepared to provide a performance-based approach for decision making that reflect local issues and best practice in floodplain management.
This local floodplain development plan is an incorporated document at Clause 81.
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MUNICIPAL STRATEGIC STATEMENT - CLAUSE 21.10 PAGE 2 OF 2
21.10-2 Issues
The need to identify key areas within the municipality that may be sensitive to development, such as the Cathedral Range, Skyline Road and the major highways that service the Shire
Native vegetation removal on private land
Soil erosion and soil structure degradation
Protection of watercourses from pollution
Decrease in biodiversity
Protection of natural and heritage values of the Goulburn River
21.10-3 Strategies and objectives
Strengthen the existing landcare and catchment management practices
Retain and improve existing tree cover including roadside vegetation, remnant vegetation areas and support revegetation programs
Identify environmental constraints, such as areas subject to high fire hazard, soil erosion, and flooding
Identify areas of environmental significance that require protection or improvement
Protect the natural and heritage river values of the Goulburn River
21.10-4 Implementation
The strategies and objectives will be implemented by:
Use of the Rural Conservation Zone for small parcels of land surrounded by public land
Application of the Erosion Management Overlay in areas identified as being potentially subject to significant soil erosion
Investigation of the use of the Rural Conservation Zone adjacent to the Cathedral Range State Park, Lake Eildon National Park and the Kinglake National Park
Consultation with the Department of Sustainability and Environment regarding mapping of areas of significant remnant native vegetation on private land for possible inclusion in the Vegetation Protection Overlay
Consultation with the Department of Sustainability and Environment regarding mapping of significant wetlands on private land for possible inclusion in the Vegetation Protection Overlay or the Environmental Significance Overlay
In conjunction with the Goulburn Broken Catchment Management Authority, develop a heritage rivers policy for the Goulburn River and include this policy in the planning scheme
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21.11 MONITORING AND REVIEW 14/01/2010 C25
Council will establish and maintain a monitoring and review system based on the Office of Local Government’s key performance criteria comparative indicators, including:
General performance
Number of planning permits decided per annum under delegation by officers.
Number of planning permits decided per annum by Council.
Number of planning permits decided per annum through appeal.
Number of Victorian Civil and Administrative Tribunal decisions that upheld Council decisions to issue/refuse a permit.
Average total time taken to process planning applications from lodgement to notification of intention to refuse/grant a permit.
The percentage achievement of planning application “due date” performance targets.
The basis of decisions in relation to the local provisions.
The compliance level of decisions with the local policy planning framework.
Assessment of the adequacy or otherwise of zones, overlays, local policy planning framework and local schedules to address issues raised by permits.
Summary of the effectiveness of referral authority conditions on planning permits in achieving their objectives.
Assessment of the level of Council support for planning officer’s recommendations.
Specific performance
Level of development at Kinglake (as defined under strategies for Kinglake in section 21.08.1)
Area of land identified as high quality agricultural land no longer available for agriculture.
Number of permits issued for houses within rural areas, approximate size of a lot for which a permit has been granted, and a general assessment of the probable impact of these houses on agricultural uses, forestry uses, tourism values and environmental values.
Number of new lots created under permits.
Creation of new lots and houses within the Rural Living Zone
Compliance of subdivision and development in the Rural Living Zone with the Rural Living Development Guidelines, Murrindindi Shire, March 2004
Achieving the Key milestones for the economic return of Marysville contained in the Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009.
This information will be:
Made available to the public on an annual basis.
Made available to the Department of Infrastructure on an annual basis.
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Considered in relation to any review or amendment of the planning scheme.
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21.12 REFERRED TO DOCUMENTS 14/01/2010 C25
Design and Siting Guidelines for Bushfire Protection for Rural Houses, Ministry for Planning and Environment and Country Fire Authority, 1987
Draft Code of Practice for Fire Management in Plantations, Country Fire Authority, 1996
Eildon Urban Design Framework, Urban Enterprise Pty Ltd, August 2003 Yea Urban Design Framework, Urban Enterprise Pty Ltd, August 2003
Goulburn Broken Regional Catchment Strategy, Goulburn Broken Catchment Management Authority, November 2003
Kinglake Flowerdale Integrated Strategy Plan, Murrindindi Shire Council, March 2003
Planning Conditions and Guidelines for Subdivisions, Country Fire Authority, 1991
Port Phillip and Westernport Regional Catchment Strategy, Port Phillip Regional Catchment and Land Protection Board, August 1997
Provision of Sewerage Services to Kinglake District - Options Report, Mid-Goulburn Regional Water Board, November 1996
Provision of Water Supply for the Kinglake District, Mid-Goulburn Regional Water Board, February 1997
Rural Living Development Guidelines, Murrindindi Shire, Regional Planing Services and Ellen Hogan and Associates, March 2004
Rural Residential Study, Murrindindi Shire, Habitat Planning and Murrindindi Shire, March 2004
Tertiary Treatment Options for Kinglake Sewerage, Mid-Goulburn Regional Water Board, May 1997
Marysville and Triangle Urban Design Framework Report, Roberts Day, 2009
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LOCAL PLANNING POLICIES - CLAUSE 22.01 PAGE 1 OF 5
22 LOCAL PLANNING POLICIES
22.01 AGRICULTURE AND RURAL LAND
22.01-1 Rural Living
This Policy applies to all land in the Rural Living Zone.
Policy basis
A Rural Living Zone seeks to provide for smaller rural lots to provide for residential use in a rural environment and which may also support small scale rural activities in an integrated way that does not adversely affect the amenity of surrounding land uses.
Objectives
To ensure all subdivision, use and development in the Rural Living Zone are consistent with the Rural Living Development Guidelines, Murrindindi Shire, March 2004.
Policy
It is policy that:
All applications meet the objectives of the Rural Living Development Guidelines, Murrindindi Shire, March 2004
All roads and other associated municipal infrastructure be designed and provided in accordance with the Murrindindi Shire Infrastructure Development Manual
22.01-2 Rural Siting and Design Guidelines
This policy applies to the subdivision and development of rural land.
Policy basis
Development and subdivision of rural land needs to take into account the constraints and opportunities provided by the site and the infrastructure and servicing requirements of the development.
Objectives
Facilitate the rectification of land degradation
Facilitate the agricultural use of rural land where appropriate
Encourage the identification of site opportunities and constraints so as to maximise development opportunities
Encourage the preparation of whole farm management plans
Policy
It is policy that:
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LOCAL PLANNING POLICIES - CLAUSE 22.01 PAGE 2 OF 5
Site Analysis
Establishment of the boundaries of the land from a certified plan of subdivision or copy of the land title
Identify features including property fences and boundaries, electricity and other service easements, unmade roads and water races
A base plan be submitted identifying contours, creeks, gullies, drainage lines, rock outcrops, roads, existing buildings, vegetation, views, ridge lines and adjoining land uses
Subdivision and development principles
Lots should have access to an all weather public road. It is preferable to have access from a local road rather than a main road
All weather access roads and driveways should follow contours if possible to avoid excessive cut and fill, potential erosion problems and long dead end roads
New tracks or roads be designed and constructed to avoid sedimentation and runoff to streams and that stream crossings be minimised
Each lot should have access to a reliable water supply for household and non domestic uses such as gardens, fire fighting and stock purposes in accordance with the Water Supplies for Rural Developments Policy
Lot Layout
Subdivisions with more than two lots should aim to achieving a range and mix of lot sizes
The shape and location of lots should take the topography into account
Lots should have building envelopes that provide sufficient privacy from neighbours
Lots should have sufficient catchment for water especially in areas of moderate rainfall
Utility Services
It should normally be expected that each lot should have access to reticulated electricity and telephone services
Acceptable alternative power supplies may be considered
Any augmentation and or extension of service supplies should be discussed at an early stage with the relevant service provider
Council policy for on-site effluent treatment and disposal should be followed
House Siting and Design
The following matters should be considered in siting and design:
Orientation to ensure that the main axis lies east - west when possible
Protection from winds
Relationship to landscape and avoidance of visually prominent sites
Screening with regard to privacy and noise
22.01-3 Water Infrastructure for Rural Areas
This policy applies to the provision of an adequate water supply for rural developments.
Policy basis
19/01/2006 VC37
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LOCAL PLANNING POLICIES - CLAUSE 22.01 PAGE 3 OF 5
Development in rural areas should include provision for a sufficient water supply for domestic and fire fighting purposes and not cause detriment to any watercourse or natural water supply.
Objectives
Ensure that an adequate water supply for domestic and fire fighting purposes is provided in conjunction with the use and development of rural land.
Policy
It is policy that:
Sufficient water can be supplied for domestic and fire fighting purposes when development is for human habitation
When water is to be diverted from a river, stream, dam, water bore or well, any necessary consent or approval for the diversion has been obtained from the relevant water authority
A water supply, to the satisfaction of the responsible authority, be provided for rural development that is designed to accommodate people, in any of the following ways:
From an existing reticulated water supply system
A two-megalitre capacity dam
A water bore or well capable of supplying 4,500 litres of potable water per day.
By a right of access to a permanent river or stream
A dwelling or other accommodation development should have access to a reliable water supply for household and non domestic uses, such as gardens, fire fighting and stock purposes
Council should generally require that water storage tanks:
Be provided in close proximity to the dwelling holding a minimum of 55,000 litres of water of which a minimum reserve of 10,000 litres is to be held at all times for fire fighting purposes
Be fitted with a gate valve and a 64mm, 3 thread round male coupling to CFA specifications to enable quick connection and full utilisation of all water
Be environmentally unobtrusive or screened
Gravity water systems are considered preferable so as to reduce reliance on a power supply
Siting and construction of dams should have regard to issues such as soil permeability, catchment size, rainfall, slope, vegetation cover and the impact on any down stream landowner
The soil type is suitable for the construction of a dam or dams of adequate storage capacity
There is an adequate catchment area within each lot to fill a 2 megalitre dam within 12 months of completion
The nominated site for each dam within each proposed lot is suitable
The type of construction proposed is appropriate
22.01-4 House lot excision 27/07/2006 C18
MURRINDINDI PLANNING SCHEME
LOCAL PLANNING POLICIES - CLAUSE 22.01 PAGE 4 OF 5
This policy applies to the Farming Zone.
Policy basis
House lot excisions refer to the subdivision of an existing dwelling from a larger rural lot. Subdivisions of this nature can be detrimental to the efficient operation of farming land if the subdivision does not relate to and is not required for the farming activity on the land. It is essential that any excision of an existing dwelling protects productive rural land and does not create a de facto ‘rural living’ subdivision. While generally discouraged in rural areas, the small lot subdivision of an existing house may in some circumstances assist the process of farm consolidation.
Objectives
Ensure that any excision of an existing dwelling protects and maintains the productive agricultural capacity of the land and general area
Discourage the fragmentation of rural land into lots that are not capable of productive agricultural and rural use
Ensure that small lot subdivisions do not prejudice primary production activities on the land or in the surrounding rural area
Ensure that any new lot is provided with an adequate level and standard of infrastructure
Policy
It is policy that:
Any excision of an existing dwelling does not create ‘rural living’ style vacant lots that are used for residential lifestyle rather than productive rural purposes
Any excision of land has a relationship with and is required for the continuing operation of the rural and agricultural use of the land
Any proposal for a dwelling lot excision be discouraged if the proposal can be otherwise met by the realignment of existing land titles
Any proposal for excision is compatible with and will not have an adverse impact on and not reduce the potential for farming and other rural land uses on the land, adjoining land and the general area
Any proposal for excision meets the principle of ‘right to farm’ in rural areas, where existing agricultural and rural uses in the area have a right to legally continue
Subdivision that is likely to lead to a concentration of lots that would change the general use and character and limit the productive capacity of the rural area be discouraged
No more than one lot may be excised from a lot that existed on the date that the Murrindindi Planning Scheme was gazetted
An adequate distance be maintained around a dwelling within any existing lot to limit impacts of agricultural activity
Subdivision within proclaimed water supply catchment areas be discouraged to protect water quantity and quality
Ongoing sustainable use of the land be provided, including consideration of environmental constraints and protection and enhancement of the natural environment
Any excision for an existing dwelling provides:
MURRINDINDI PLANNING SCHEME
LOCAL PLANNING POLICIES - CLAUSE 22.01 PAGE 5 OF 5
A maximum area of 2 hectares for the lot with the existing house located on it, or if existing buildings and dwelling infrastructure covers a large area, as near as practicable to this area
An area of at least 40 hectares for the vacant balance of land
A minimum setback of 30 metres from the dwelling on the land to be excised from any agricultural activity or rural industry on any adjoining land
Any existing dwelling to be excised is to be in a habitable condition to comply with the Building Act and Building Code of Australia
22.01-5 High Quality Agricultural Land
This policy applies to land identified within the Environmental Significance Overlay.
Policy basis
Land is a finite resource. Land with high quality agricultural attributes that has flexibility to grow a range of agricultural products needs to be identified and protected. The protection of land is necessary for the local economy and to assist in the diversification of agricultural activities. Agricultural land is under increasing pressure for conversion into non agricultural uses such as for urban, low density, or hobby farming type developments.
Objectives
Identify and recognise the importance of high quality agricultural land
Ensure that high quality agricultural base is protected from unplanned loss
Support the sustainable use of land for intensive agricultural production
Discourage the conversion of land to uses incompatible with productive agriculture
Policy
It is policy that:
Subdivisions should enhance resource management, the natural environment and farming practices within the zone
Subdivisions should further the purposes of the zone and be consistent with the Municipal Strategic Statement and the planning policies set out in this planning scheme
Utilise the soil types, water availability and natural environmental attributes of the areas for the purposes of intensive agricultural production
An application for the subdivision of land should be accompanied by a report prepared by a suitably qualified person explaining how the subdivision relates to:
Agricultural land use within the policy area
Farming practice
Agricultural diversification
Natural resource management
How the subdivision has responded to the characteristics of the site
Is in accordance with Section 17.05
That the nominated site for each dam within each proposed lot is suitable
19/01/2006 VC37
MURRINDINDI PLANNING SCHEME
LOCAL PLANNING POLICIES - CLAUSE 22.02 PAGE 1 OF 1
22.02 TOURISM
22.02-1 Development adjoining Lake Eildon
This policy applies to the use and development of land adjoining Lake Eildon.
Policy basis
Lake Eildon is a significant water, natural environment and tourist resource. The development of land abutting the lake needs to be carefully assessed having regard to its attributes and ensuring that water quality and visual amenity are not prejudiced.
Objectives
Protect the natural environment surrounding Lake Eildon from obtrusive development that may spoil the undeveloped landscape features of the environs
Ensure that development is sited and designed to minimise any impact from an aesthetic perspective
Prevent development from degrading water quality and polluting the lake
Prevent inundation of development by rising water levels
Policy
It is policy that:
No building or works should be constructed closer than 200 metres to the full supply level of Lake Eildon
All effluent disposal systems should be designed to treat and dispose of all effluent on site. Soil and wastewater reports should demonstrate compliance with the Septic Tank Code of Practice.
The design of all buildings and works including access to sites should have regard to the topographic constraints of the site. Excavations should be minimised where possible and water runoff should be treated to prevent soil erosion and siltation of Lake Eildon.
Design of buildings should have regard to, the attributes of the natural environment, the building scale and mass of surrounding development and be sympathetic to the environs of Lake Eildon.
05/04/2007 C13
05/04/2007 C13
MURRINDINDI PLANNING SCHEME
22.03 TOWNSHIPS 14/01/2010 C25
22.03-1 URBAN AREAS 19/01/2006 VC37
This policy applies to all urban areas.
Policy basis
Murrindindi Shire has a diverse range of urban areas and townships. The presentation and appearance of the towns is important in protecting existing amenity, supporting heritage values, in the attraction of investment and tourism.
The planning and functioning of car parking is important for the continuing development of the retail and business sector.
The siting, design and appearance of sheds and outbuildings in urban areas impacts on the landscape character and urban amenity.
Objectives
Ensure that all new use and development has regard to the existing townscape, to design, siting and landscaping issues.
Ensure that all use and development assists in the presentation of the main road entrances into townships.
Identify future car parking areas.
Policy
Design
It is policy that:
Development at township entrances should be designed with respect to the built environment and sited to contribute to the overall appearance and character of the town.
The presentation of development to the street and how the proposal addresses and assists in streetscape presentation, attracts tourism and demonstrate civic pride.
Consideration be given to the importance of street trees in creating areas that offer shade and protection from the elements and attract pedestrians. Development located along entrances to all towns should consider how proposed tree species are consistent with the landscape plan for the township.
Development located on the edge of township area should be landscaped to assist in absorbing the development within the surrounding landscape and provide a delineated edge to the town.
Car parking
It is policy that:
Cash contributions in lieu of parking areas should be applied when the provision of on-site or nearby car parking spaces for new uses or development is required.
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 1 OF 10
MURRINDINDI PLANNING SCHEME
Sheds and Outbuildings
It is policy that:
All new sheds and outbuildings be located within a defined building envelope.
External roof and walls of sheds and outbuildings be finished in a paint bonded metal, timber, brick or other non-reflective muted colour material.
Sheds or outbuildings be used for agricultural pursuits relating to the farming operation or for domestic purposes associated with any dwelling on the same site.
The maximum height of a new shed or outbuilding should be three metres, unless specifically permitted by the responsible authority.
External roof and walls finishes should be a paint bonded metal, timber, brick or other non-reflective muted colour material.
Industry policy
It is policy that:
Buildings and open storage areas should generally not exceed 60 per cent of the site.
The preferred external finishes for walls of buildings is brick, stone, concrete or like material.
Development should be connected to reticulated water, sewerage, power and storm water facilities.
Car parking and external storage areas should be sealed with an all weather surface to the satisfaction of the responsible authority.
Land within 7.5 metres of the front boundary should be used for car parking, access and landscaping, The area should be created and maintained to the satisfaction of the responsible authority.
Twenty five per cent of the site should generally be landscaped as garden.
Buildings and works within 7.5 metres of a residential zone should be landscaped to the satisfaction of the responsible authority to screen activities on the site.
Screen fencing may be erected on the site when it is to screen outdoor storage areas, loading bays or car parking areas from view.
Goods or materials not be stored or displayed in a setback area.
Information to be provided
It is policy that the following information should be required for new uses and the development of land:
For developments on the edge of townships, a landscape plan showing how the development can be absorbed by the surrounding environment.
A design report demonstrating that building mass, scale and form have been considered having regard to the local surroundings.
A demonstration that the streetscape character of township has been identified and considered.
Development plan identifying off street parking facilities and how the development complies with the car parking plans for relevant precinct.
Development plans showing compliance with the industrial requirements of this policy.
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 2 OF 10
MURRINDINDI PLANNING SCHEME
22.03-2 EFFLUENT DISPOSAL AND WATER QUALITY 19/01/2006 VC37
This policy applies to all development that cannot be serviced by reticulated sewerage.
Policy basis
Development that can not be serviced by a reticulated sewerage system should be designed, sited and developed to prevent pollution of land and water resources.
Objectives
Ensure water quality is not affected by development.
Prevent the discharge of effluent off site.
Ensure that the density of effluent disposal systems is suitable to the soil type and topography of the site.
Provide for alternative effluent disposal systems, such as package treatment plants.
Policy
It is policy that:
All effluent disposal systems, effluent and irrigation fields should be located at least 100 metres from any designated watercourse. This setback can be reduced when topographic constraints would prevent the discharge of waste water to a watercourse.
Clearance of vegetation should not be permitted within 20 metres of a designated waterway without consent from the relevant water authority.
Package treatment plants and other alternative methods of waste water treatment that recycle waste water for use in domestic gardens and irrigated areas should be considered when appropriate. Certification that the proposed systems are licensed to operate in Victoria should be provided.
Topographic maps, detailing areas that can be irrigated without discharging waste water from the site, should be provided with each application.
Septic tanks and other forms of waste water treatment should clearly demonstrate that it will neither increase the peak discharge, volume of discharge or quality of discharge to a watercourse.
Soil tests for each allotment under 4000 square metres in area should be provided with a report certifying that the proposed density of septic tanks within the area should not overload the natural environment with effluent and lead to pollution of watercourses or other properties.
Design and location of septic tanks is appropriate to the site and environmental characteristics of the allotment.
Topographic maps be prepared detailing absorption areas that can be used for the disposal of effluent and should not result in the discharge of waste water from the site.
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 3 OF 10
MURRINDINDI PLANNING SCHEME
22.03-3 EILDON TOWNSHIP 05/04/2007 C13
This policy applies to the use and development of land in two areas of the Eildon township, the Eildon shopping centre precinct in Main Street and the Golden Trout Hotel site.
Policy basis
The Eildon shopping centre area, lying between Main Street and Eildon Road, is of an American design that was constructed in the 1950’s. Any future development in this precinct must respect the significant design and built form characteristics of the area and enhance pedestrian linkages to the south.
The Golden Trout Hotel site is in a prominent location on the edge of the Eildon Pondage and forms a significant gateway into the Eildon township from the Goulburn Valley Highway. Future development of the land and buildings need to maximise views to the waterfront and be sympathetic to the prominent location and Eildon township.
Objectives
Eildon shopping centre, Main Street:
Ensure that building heights, bulk and setbacks are sympathetic with adjoining sites and enhance the appearance and character of the area
Ensure that the colours, finishes and materials of new buildings and works complement the character of the town and surrounding environment
Ensure that developments provide public linkages, particularly to adjoining car parking other businesses and open space
Encourage built form that provides for solar access and weather protection along public circulation routes
Ensure that shop frontages are pedestrian orientated and add interest and vitality to the streets
Reduce visual clutter by encouraging appropriate forms of outdoor signage
Golden Trout Hotel site:
Promote innovative design for new development that maximises views over the waterfront from common areas and public spaces within the development
Provide for views through the site, where possible, to the pondage
Ensure that the height, form and scale of development is sympathetic to the site’s prominent location on the waterfront and entrance to the town
Ensure that building materials, finishes are in accordance with a thematic colour scheme for the Eildon township
Policy
Eildon shopping centre, Main Street:
It is policy that:
Building heights and setbacks are to be consistent with that of adjoining properties, and should be generally restricted to single storey
Developments should provide access to parking in Girdwood Parade and a rear building frontage
Developments on street frontages should have a continuous built edge
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 4 OF 10
MURRINDINDI PLANNING SCHEME
Developments on corners should provide two active street frontages
Developments should integrate landscape within their envelopes by responding to the street conditions and ensuring a contribution to the streetscape
Shops should provide a greater percentage of window area to solid
Design and layout should respond to microclimate considerations and provide shade and protection from weather
Exterior colour schemes should be in accordance with a thematic colour scheme for the Eildon
Signage should be located on buildings, or within built elements
Decision guidelines
In exercising discretion, it is policy that the responsible authority considers:
Whether the proposal meets the objectives of this policy for the Eildon shopping centre in Main Street
The compact nature and scale of the shopping centre
The impact on open space and pedestrian connections through the town
Access and safety requirements of pedestrians and cyclists
Compliance with the Eildon Urban Design Framework, August 2003
Golden Trout Hotel site:
It is policy that:
Car parking should be located in areas that are not visible from the pondage or Goulburn Valley Highway
Restaurant, café and accommodation areas should be sited to maximise views over the pondage
Decision guidelines
In exercising discretion, it is policy that the responsible authority considers:
Whether the proposal meets the stated objectives of this policy for the Golden Trout Hotel site
Whether the proposed siting, height and design of buildings and works will be in keeping with the character and appearance of the area
The impact on open space and pedestrian connections through the town
Compliance with the Eildon Urban Design Framework, August 2003
22.03-4 YEA TOWNSHIP 05/04/2007 C13
This policy applies to the use and development of land in two areas of the Yea township:
The High Street retail precinct
The Station Street and rail reserve precinct, being all land in Station Street and land on the western side of Lyons Street
Policy basis
The High Street retail precinct has important site and building design and appearance. These attributes add to the character of the Yea township and need to be protected and enhanced.
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 5 OF 10
MURRINDINDI PLANNING SCHEME
The Station Street precinct of Yea is one of the entrances to the township and has significance for the provision of mixed residential and commercial uses in the town, including tourism opportunities. This area is complemented by land on the western side of Lyons Street, land that forms parts of the character of the former railway line and Yea Railway Station precinct. Any future development of the precinct requires sympathetic design, materials and siting.
Objectives
High Street retail precinct:
Ensure that building heights, bulk and setbacks are sympathetic to adjoining sites and enhance the appearance and character of the area
Ensure that the colours, finishes and materials of new buildings and works complement the character and heritage elements along High Street
Maintain the visual prominence of existing two storey buildings in High Street
Recognise the significant contribution of the centre median parkland to the amenity of High Street
Encourage building layout and siting that allows access to car parking at the rear of the High Street shops
Encourage built form that provides for solar access and weather protection along public circulation routes
Ensure that shop frontages are pedestrian orientated and add interest and vitality to the streets
Reduce visual clutter along High Street by encouraging appropriate forms of outdoor signage
Station Street and rail reserve precinct:
Protect and enhance Station Street as a gateway to Yea
Ensure that building height, bulk and setbacks are sympathetic to open space and built form in the precinct
Allow views from the rail trail reserve
Ensure connectivity with adjoining open space
Provide potential for the establishment of tourist facilities in the Station Street precinct of Yea
Encourage the clustering of tourist facilities to bring the greatest social and economic benefits to the township of Yea
Ensure that any use and development of land is compatible with tourism related use and development
Protect and enhance the environmental, scenic, visual and historic values of the former rail reservation
Conserve significant vegetation that contributes to the significance of the former rail reservation
Ensure that any new development is located and designed to avoid inappropriate visual intrusion or other detrimental effects on the key characteristics of the identified landscapes
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 6 OF 10
MURRINDINDI PLANNING SCHEME
Policy
High Street retail precinct:
It is policy that:
Buildings heights must be consistent with that of adjoining properties
Developments should generally have zero lot setbacks
Developments on street frontages should have a continuous built edge
Developments on corners should provide two active street frontages
Developments should integrate landscape within their envelopes by responding to the street conditions and ensuring a contribution to the streetscape
Where rear car parking is provided, new commercial buildings should provide a rear building frontage
Service delivery and car parking facilities should be provided at the rear of new commercial developments
Shops should provide a greater percentage of window area to solid
Consideration should be given to the use of balconies, verandahs and architectural features to achieve consistency with the existing built form
Design and layout should respond to microclimate considerations and provide shade and protection from weather
Exterior colour schemes should be in accordance with a thematic colour scheme for the Yea
Signage should be located on buildings, or within built elements
Decision guidelines
Whether the proposal meets the stated objectives of this policy for the High Street retail precinct
Protection of heritage qualities of High Street
Impact on open space and pedestrian connections through the town
Access and safety requirements of pedestrians and cyclists
Compliance with the Yea Urban Design Framework, August 2003
Station Street and rail reserve precinct:
It is policy that:
Any proposed use or development is compatible with potential tourism related uses
Any proposed use or development will not detrimentally impact upon the character or appearance of the area
Service, safety and amenity be maintained along the Melba Highway, ensuring that any development does not impede the traffic flow of the highway
The location, bulk and appearance of any proposed building or works will not adversely affect the character or appearance of the corridor
Appropriate landscape treatments be used for proposed buildings or works in locations that are visually exposed to the railway reservation
Any proposed use or development has regard to the quality and character of important view-lines and panoramas from the railway line
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 7 OF 10
MURRINDINDI PLANNING SCHEME
The landscape character and quality of the corridor is retained and enhanced, in particular retention of remnant vegetation
Building height should not exceed 2 storeys in height
Buildings should be setback at least 5 metres from all street frontages, including the rail trail reserve
Existing significant vegetation should be retained
Developments should include a high level of landscaping and tree planting adjacent to areas of public open space
Buildings should be oriented towards the street frontages and rail trail open space
Large sky signs, panel signs and promotional signs are discouraged
22.03-5 MARYSVILLE BUSINESS AREA 14/01/2010 C25
This policy applies to the use and development of land within the Business 1 Zone of the Marysville township:
Policy basis
The township of Marysville has been devastated by bushfire. The community input regarding the rebuilding of the town has identified the importance of creating a town of unique character and improving where possible the connectivity of the town centre. The Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009 prepared for Marysville provides guidance in this respect. This policy seeks to ensure the principles of the Urban Design Framework is considered in the determination of applications relating to the business and community heart along the mains street and parallel street of Darwin Street.
This policy has been prepared to ensure the opportunity to redevelop Marysville as a strong, attractive and sustainable town which provides for a resilient future for its residents, businesses and visitors is maximised.
Objective
To create a main street and business environment that establishes a new character for Marysville in a manner that encourages quality design, the importance of landscape and increased creation and use of community spaces and connection.
Policy
It is policy to:
Encourage a variety of building setbacks from the frontage along Murchison Street for publicly accessible courtyards and landscaping.
Encourage the use of architectural styles that contribute to the mountain village character of Marysville..
Encourage a variety of building forms in Murchison Street, Darwin Street, Pack Road and Falls Road as a reflection of the eclectic character of the community.
Encourage setbacks from side boundaries to allow for landscaping and, where identified in the Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009, provide pedestrian connection to Darwin Street or Sedgwick Street.
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 8 OF 10
MURRINDINDI PLANNING SCHEME
Protect and enhance significant view lines and corridors detailed in the Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009.
Encourage car parking provision behind properties with frontage to Murchison Street to facilitate a continuous, active commercial frontage.
Facilitate the re-establishment of the bio-swale, landscape treatment along Murchison Street/Pack Road and continue the treatment into Falls Road along the public activities areas.
Increase the pedestrian accessibility and comfort
Improve and designate road crossing locations for pedestrians
Minimise the number of vehicle crossovers on to Murchison Street
Encourage layouts and designs that assist access and safety for pedestrians and cyclists
Encourage environmental sustainability measures
Protect and enhance street trees and remaining trees on private property and provide opportunities for further landscape treatment.
Where dwellings are proposed within the Business 1 Zone encourage the dwelling component of the development to be located behind or above a commercial building frontage. If dwellings are proposed in isolation on a site provision should be made for larger rooms towards the frontage to facilitate future use for commercial activities.
Decision guidelines
In exercising discretion, it is policy that the responsible authority considers:
Whether the proposal meets the stated objectives of this clause
Compliance with the Roberts Day 2009, Marysville and Triangle Urban Design Framework Report, September 2009
22.03-6 MARYSVILLE RESIDENTIAL AREA 14/01/2010 C25
This policy applies to the use and development of land within the Residential 1 Zone and the Low Density Residential Zone within the Marysville township:
Policy basis
The township of Marysville has been devastated by bushfire. The community input regarding the rebuilding of the town has identified the importance of creating a town of unique character. The Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009 prepared for Marysville provides guidance in this respect. This policy seeks to ensure the principles of the Urban Design Framework are considered in the determination of applications for the use and development within residential areas of Marysville.
This policy has been prepared to ensure the opportunity to redevelop Marysville as a strong, attractive and sustainable town which provides for a resilient future for its residents, businesses and visitors is maximised.
Objective
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 9 OF 10
MURRINDINDI PLANNING SCHEME
To create residential environments that establish a new character for Marysville in a manner that encourages quality design and emphasises the importance of landscape features.
Policy
It is policy to:
Maintain the garden and landscape character of residential areas
Minimise the use of solid and front fences
Encourage the development of environmental sustainable and energy efficient buildings
Encourage the use of architectural styles that contributes to the mountain village character of Marysville..
Encourage buildings that are distinctive in design.
Ensure that buildings constructed on properties abutting or containing watercourses are setback at least 20 metres and the riparian vegetation retained and enhanced.
Support development that provides for self catering visitor accommodation
Support residential development that provides for art/craft or workshop buildings that are in keeping with the scale of the dwelling.
Protect and enhance the significant landmark opportunities identified in the Roberts Day 209, Marysville and Triangle Urban Design Framework, September 2009.
Decision guidelines
In exercising discretion, it is policy that the responsible authority considers:
Whether the proposal meets the stated objectives of this clause
Compliance with the Roberts Day 2009, Marysville and Triangle Urban Design Framework Report, September 2009
LOCAL PLANNING POLICIES - CLAUSE 22.03 PAGE 10 OF 10
MURRINDINDI PLANNING SCHEME
LOCAL PLANNING POLICIES - CLAUSE 22.04 PAGE 1 OF 5
22.04 NATURAL RESOURCE MANAGEMENT
22.04-1 CATCHMENT MANAGEMENT AND LANDCARE
This policy applies to the use and development of all rural land.
Policy basis
The long term sustainable care and management of the natural resource base within the Shire is critical for the continued economic development of the Shire and the protection of the environmental assets. It is important that new uses and developments in rural areas do not lessen the capacity of existing agricultural, horticultural or timber production uses to continue to operate. It is also important that the construction of infrastructure, such as dams, does not impact on sustainable land and water system management.
Objectives
Apply the regional catchment strategy as adopted by the relevant regional Catchment Management Authority
Apply landcare principles when considering applications to use and develop land
Facilitate the rectification of land degradation and the improvement of agricultural land
Encourage the preparation of Farm Management Plans
Ensure that changes to the use of land and new developments do not prejudice the continued production and operation of the agricultural, horticulture and timber industries or the productive capacity of land
Ensure that productive soils are not lost from agricultural and horticultural production
Policy
Catchment management and landcare
It is policy that:
The objectives of any relevant regional catchment strategy be met
The development of land in agricultural areas take into account local Landcare policies and plans
Applicants be required to demonstrate that the objectives of the policy have been considered and that management plans have been prepared to rectify any land management issues
Development, particularly dwellings, have regard to any siting and design guidelines adopted by the responsible authority
Conditions on permits be applied to ensure the prevention of soil degradation or the implementation of works to rectify land degradation
19/01/2006 VC37
19/01/2006 VC37
MURRINDINDI PLANNING SCHEME
LOCAL PLANNING POLICIES - CLAUSE 22.04 PAGE 2 OF 5
22.04-2 Use and Development of Land for Conservation Purposes
This policy applies to the use and development of land in the Farming Zone that has not been cleared of vegetation or is primarily used for agricultural production.
Policy basis
Land that has not been cleared and used for agriculture is an important resource that needs to be conserved and managed. In many cases, the use of this land for agriculture purposes would be detrimental to the environment and conservation values of the site and surrounding area.
Objectives
Use and manage land that has substantial natural attributes for the conservation of vegetation, habitat, flora and fauna
Ensure that the conservation values of the site are enhanced and that environmental management plans are implemented
Ensure that design, siting and location of all development is in accordance with landcare principles and does not affect water quality or habitat
Policy
It is policy that all applications for use and development on land with conservation values be accompanied by an environmental management plan outlining:
An environmental assessment of the site
The application of landcare principles and actions that are relevant to the catchment and to the site
An assessment of the vermin and environment of the site and proposed control measures to remove these characteristics from the site
Future improvement measures for reafforestation, watercourses, flora and fauna habitat.
Staging of the management plan and the proposed cost of implementation
Proposed conservation covenants, agreements and bonds with the responsible authority for the completion of specified works within an agreed environment management plan
Environment
It is policy that the following matters be taken into account when making a decision regarding land with conservation values:
Whether the use or development should be detrimental to the ecology and natural resources of the area
The impact on plant life, animal habitats and the landscape
Measures to cope with any environmental hazard or constraint affecting including slope, drainage, salinity and erosion
Measures to cope with fire
Site constraints:
It is policy that the following matters be taken into account when making a decision regarding land with conservation values:
27/07/2006 C18
MURRINDINDI PLANNING SCHEME
LOCAL PLANNING POLICIES - CLAUSE 22.04 PAGE 3 OF 5
Land capability and site attributes such as habitat, flora and fauna, native vegetation and fire /soil erosion hazards
Proximity to watercourses and drainage lines
Location within salinity discharge or recharge areas
Relationship of the use and development to the existing or likely use of adjoining or public land
Infrastructure
It is policy that the following matters be taken into account when making a decision regarding land with conservation values:
The treatment and retention of all waste water emanating from development (in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.) located on the site and its affect on the conservation values of the site
The provision of a potable / non-potable water supply and appropriate storage capacity.
Reticulated electricity supply or alternative energy supply to the satisfaction of the responsible authority
The location and design of existing and proposed roads and their impact on the conservation values of the site
Whether the site has suitable access and what measures are required to upgrade access
22.04-3 Remnant vegetation and grasses
This policy applies to remnant vegetation.
Policy basis
Native vegetation communities in the region have largely been replaced by introduced pasture plant managed for sheep and cattle production. These communities are particularity important for the conservation of a range of birds and for preventing soil and stream erosion, dryland salinity and water quality deterioration.
Due to the clearing of remnant vegetation and grasses for grazing, the importance of existing roads, disused roads and railway lines are now vital to the survival of remnant species that existed prior to settlement.
Objectives
Consider Roadside Conservation Management Strategies and any management plan adopted by Council or the Department of Sustainability and Environment
Ensure that remnant vegetation, perennial grasses and habitats along roadsides are not indiscriminately destroyed
Use roadsides to assist the propagation of remnant vegetation and grasses and increase bio-diversity
Preserve native vegetation and large trees including significant avenues of trees
Protect significant and sensitive areas from the adverse impacts of vegetation removal
Protect and enhance significant remnant native vegetation on disused roads and railway lines
19/01/2006 VC37
MURRINDINDI PLANNING SCHEME
LOCAL PLANNING POLICIES - CLAUSE 22.04 PAGE 4 OF 5
Policy
It is policy that:
Plans accompanying an application adequately identify the area of native vegetation to be cleared and consider requirements for replanting and protecting native vegetation
There is a demonstrated need for the removal of remnant vegetation and grasses associated with an approved development
The removal of native vegetation does not jeopardise the integrity and long term conservation of any site of botanical and zoological significance
The removal of native vegetation is discouraged on land which is within 30 metres of a watercourse or has a slope in excess of 20 per cent
Decision guidelines
It is policy that the following matters be taken into consideration when making a decision regarding the removal of native vegetation:
The value of the native vegetation in terms of its physical condition, rarity or variety
The likely effect of the removal of native vegetation on the fauna of the area and its value as a refuge or habitat for wildlife
The future use of the land and whether it is appropriate to include conditions requiring planting, replanting or other treatment of any part of the land
Proposed management plan as part of the proposed use and development to assist in the retention of remnant vegetation
The type of development, its sensitivity and appropriateness to the existing conditions of the site
The importance of the site in relation to water quality, soil erosion and salinity
Information to be submitted
It is policy that the following matters be taken into consideration when making a decision regarding the removal of native vegetation:
Maps at a scale of 1:25,000 showing the location of:
All road reserves which are subject to this application
Those road reserves which are not fenced
Where native vegetation occurs as a significant proportion of the vegetation present:
The location of any rare or endangered flora and fauna that occurs on road reserves or could use roadsides for migration
The location of any land degradation on road reserves
The location of roadsides that have not been and may be subject to revegetation by interested parties
22.04-4 Dams
This policy applies to dams in rural and non urban areas.
Policy basis
The siting of dams in rural areas should not lead to stream degradation or soil erosion problems. Dams should be constructed in a manner that will not threaten community safety.
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Objectives
Ensure that dams are constructed in an environmentally sensitive manner that will not lead to stream degradation or soil erosion problems
Ensure that dams are designed and constructed in such a manner that dam failure is minimised
Ensure that dam sizes related to the suitability of the site and to the intended use
Prevent construction of dams in environmentally sensitive areas, such as bush gullies
Policy
It is policy that:
The location of the proposed dam is suitable to the terrain characteristics of the land.
The capacity of the proposed dam is suitable given the catchment area of the site
Spillways are designed to cater for a 1 in 5 year storm level
The capacity of the proposed dam is adequate to meet the needs of the intended use
The need to remove trees is minimised
Soil types on the site are suitable for water retention and if not suitable, adequate mechanical or chemical means should be employed
Top soil stripped from the site should be spread on any exposed batters and exposed soils should be revegetated with perennial grasses and appropriate indigenous vegetation as soon as possible after construction
A landscape plan be submitted with an application for approval to construct a dam. This plan should indicate the revegetation works proposed and be to the satisfaction of the responsible authority
A plan showing the location of dam on the allotment, contours and finished levels, extent of vegetation clearing works proposed, dimensions, and capacity be submitted with each application
The soil type is suitable for the construction of a dam or dams of adequate storage capacity
There is an adequate catchment area within each proposed lot to fill a 2 megalitre dam within 12 months of completion
The type of construction proposed is appropriate
Overlays
Zones
ZONES – CLAUSE 30 PAGE 1 OF 1
30 ZONES
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31 OPERATION OF ZONES
In each zone and schedule to a zone which contains a table of uses, the controls over theuse of land are divided into three sections.
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31.01 Section 1 Uses
A use in Section 1 does not require a permit. Any condition opposite the use must be met.If the condition is not met, the use is in Section 2 and requires a permit unless the use isspecifically included in Section 3 as a use that does not meet the Section 1 condition.
31.02 Section 2 Uses
A use in Section 2 requires a permit. Any condition opposite the use must be met. If thecondition is not met, the use is prohibited.
Making decisions about section 2 uses
Because a use is in Section 2 does not imply that a permit should or will be granted. Theresponsible authority must decide whether the proposal will produce acceptable outcomesin terms of the State Planning Policy Framework, the Local Planning Policy Framework,the purpose and decision guidelines of the zone and any of the other decision guidelines inClause 65.
31.03 Section 3 Uses
A use in Section 3 is prohibited.
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32 RESIDENTIAL ZONES19/01/2006VC37
RESIDENTIAL 1 ZONE PAGE 1 OF 6
32.01 RESIDENTIAL 1 ZONE
Shown on the planning scheme map as R1Z.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To provide for residential development at a range of densities with a variety of dwellings tomeet the housing needs of all households.
To encourage residential development that respects the neighbourhood character.
In appropriate locations, to allow educational, recreational, religious, community and alimited range of other non-residential uses to serve local community needs.
32.01-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Animal keeping (other than Animal
boarding)
Must be no more than 2 animals.
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Bed and breakfast No more than 6 persons may beaccommodated away from their normalplace of residence.
At least 1 car parking space must beprovided for each 2 persons able to beaccommodated away from their normalplace of residence.
Carnival Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Circus Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Dependent person's unit Must be the only dependent person's uniton the lot.
Dwelling (other than Bed and breakfast)
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause52.08-2.
Minor utility installation
Natural systems
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Section 1 - Permit not required (continued)
USE CONDITION
Place of worship Must be no social or recreation activities.
The gross floor area of all buildings mustnot exceed 180 square metres.
The site must not exceed 1200 squaremetres.
The site must adjoin, or have access to, aroad in a Road Zone.
Railway
Residential aged care facility
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Tramway
Section 2 - Permit required
USE CONDITION
Accommodation (other than Dependent
person's unit, Dwelling and Residential
aged care facility)
Agriculture (other than Animal keeping,
Animal training, Apiculture, Horse
stables, and Intensive animal husbandry)
Animal keeping (other than
Animal boarding) – if the Section 1
condition is not met
Must be no more than 5 animals.
Car park Must be used in conjunction with anotheruse in Section 1 or 2.
Car wash The site must adjoin, or have access to, aroad in a Road Zone.
Community market
Convenience restaurant The site must adjoin, or have access to, aroad in a Road Zone.
Convenience shop The leasable floor area must not exceed 80square metres.
Food and drink premises (other than
Convenience restaurant and Take away
food premises)
Leisure and recreation (other than
Informal outdoor recreation and Motor
racing track)
Medical centre
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
RESIDENTIAL 1 ZONE PAGE 3 OF 6
Section 2 - Permit required (continued)
USE CONDITION
Place of assembly (other than Amusement
parlour, Carnival, Circus, Nightclub, and
Place of worship)
Plant nursery
Service station The site must either:
Adjoin a business zone or industrialzone.
Adjoin, or have access to, a road in aRoad Zone.
The site must not exceed either:
3000 square metres.
3600 square metres if it adjoins on twoboundaries a road in a Road Zone.
Store Must be in a building, not a dwelling, andused to store equipment, goods, or motorvehicles used in conjunction with theoccupation of a resident of a dwelling on thelot.
Take away food premises The site must adjoin, or have access to, aroad in a Road Zone.
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Any other use not in Section 1 or 3
Section 3 - Prohibited
USE
Amusement parlour
Animal boarding
Animal training
Brothel
Cinema based entertainment facility
Extractive industry
Horse stables
Industry (other than Car wash)
Intensive animal husbandry
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Community market, Convenience shop, Food and drink
premises, and Plant nursery)
Saleyard
Transport terminal
Warehouse (other than Store)
RESIDENTIAL 1 ZONE PAGE 4 OF 6
32.01-2 Subdivision
Permit requirement
A permit is required to subdivide land.
An application to subdivide land, other than an application to subdivide land into lots eachcontaining an existing dwelling or car parking space, must meet the requirements of Clause56 and:
Must meet all of the objectives included in the clauses specified in the following table.
Should meet all of the standards included in the clauses specified in the following table.
CLASS OF SUBDIVISION OBJECTIVES AND STANDARDS TO BE MET
60 or more lots All except Clause 56.03-5.
16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and56.06-3.
3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2,56.06-1, 56.06-3 and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to56.09-2.
Exemption from notice and review
An application to subdivide land into lots each containing an existing dwelling or carparking space is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives and standards of Clause 56.
32.01-3 Construction and extension of one dwelling on a lot
Permit requirement
A permit is required to construct or extend one dwelling on:
A lot of less than 300 square metres.
A lot of between 300 square metres and 500 square metres if specified in the schedule tothis zone.
A permit is required to construct or extend a front fence within 3 metres of a street if:
The fence is associated with one dwelling on: A lot of less than 300 square metres, or
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A lot of between 300 and 500 square metres if specified in a schedule to this zone,and
The fence exceeds the maximum height specified in Clause 54.06-2.A development must meet the requirements of Clause 54.
No permit required
No permit is required to:
Construct or carry out works normal to a dwelling.
Construct or extend an out-building (other than a garage or carport) on a lot providedthe gross floor area of the out-building does not exceed 10 square metres and themaximum building height is not more than 3 metres above ground level.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives, standards and decision guidelines of Clause 54.
32.01-4 Construction and extension of two or more dwellings on a lot, dwellings oncommon property and residential buildings
Permit requirement
A permit is required to:
Construct a dwelling if there is at least one dwelling existing on the lot.
Construct two or more dwellings on a lot.
Extend a dwelling if there are two or more dwellings on the lot.
Construct or extend a dwelling if it is on common property.
Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
The fence is associated with 2 or more dwellings on a lot or a residential building, and
The fence exceeds the maximum height specified in Clause 55.06-2.A development must meet the requirements of Clause 55. This does not apply to adevelopment of four or more storeys, excluding a basement.
A permit is not required to construct one dependent person’s unit on a lot.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives, standards and decision guidelines of Clause 55.
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32.01-5 Requirements of Clause 54 and Clause 55
The schedule to this zone may specify the requirements of:
Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme.
Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in therelevant standard of Clause 54 or Clause 55 applies.
32.01-6 Buildings and works associated with a Section 2 use
A permit is required to construct a building or construct or carry out works for a use inSection 2 of Clause 32.01-1.
32.01-7 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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RESIDENTIAL 1 ZONE - SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE RESIDENTIAL 1 ZONE
Is a permit required to construct or extend one dwelling on a lot of between 300
square metres and 500 square metres?
No
Clause 54 and
Clause 55
Standard
Requirement
Minimum
street setback
Standard A3 andStandard B6
None specified
Building height Standard A4 andStandard B7
None specified
Site coverage Standard A5 andStandard B8
None specified
Side and rear
setbacks
Standard A10 andStandard B17
None specified
Standard A17 None specifiedPrivate open
space
Standard B28 None specified
Front fence
height
Standard A20 andStandard B32
None specified
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32.03 LOW DENSITY RESIDENTIAL ZONE
Shown on the planning scheme map as LDRZ with a number (if shown).
Purpose
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 low-density residential development on lots which, in the absence of reticulated sewerage, can treat and retain all wastewater.
32.03-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Animal keeping (other than Animal boarding)
Must be no more than 2 animals.
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Bed and breakfast No more than 6 persons may be accommodated away from their normal place of residence. At least 1 car parking space must be providedfor each 2 persons able to be accommodatedaway from their normal place of residence.
Carnival Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Circus Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Dependent person's unit Must be the only dependent person's unit onthe lot. Must meet the requirements of Clause 32.03-2.
Dwelling (other than Bed and breakfast) Must be the only dwelling on the lot. Must meet the requirements of Clause 32.03-2.
Home occupation Informal outdoor recreation Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation Natural systems Railway Road
Search for stone Must not be costeaning or bulk sampling.
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USE CONDITION
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Tramway Section 2 - Permit required
USE CONDITION
Accommodation (other than Dependent person's unit and Dwelling)
Agriculture (other than Animal keeping, Apiculture and Intensive animal husbandry)
Animal boarding
Animal keeping (other than Animal boarding) – if the Section 1 condition is not met
Must be no more than 5 animals.
Car park Must be used in conjunction with another use in Section 1 or 2.
Car wash The site must adjoin, or have access to, a road in a Road Zone.
Community market
Convenience restaurant The site must adjoin, or have access to, a road in a Road Zone.
Convenience shop The leasable floor area must not exceed 80 square metres.
Dependent person’s unit – if the Section 1 condition is not met
Must meet the requirements of Clause 32.03-2.
Dwelling (other than Bed and breakfast) - if the Section 1 condition is not met
Must result in no more than two dwellings on the lot. Must meet the requirements of Clause 32.03-2.
Food and drink premises (other than Convenience restaurant and Take away food premises)
Leisure and recreation (other than Informal outdoor recreation and Motor racing track)
Medical centre Mineral, stone, or soil extraction (other
than Extractive industry, Mineral exploration, Mining, and Search for stone)
Place of assembly (other than Amusement parlour, Carnival, Circus, and Nightclub)
Plant nursery
Service station The site must either:
LOW DENSITY RESIDENTIAL ZONE PAGE 3 OF 5
USE CONDITION
• Adjoin a business zone or industrial zone.
• Adjoin, or have access to, a road in a Road Zone.
The site must not exceed either:
• 3000 square metres.
• 3600 square metres if it adjoins on two boundaries a road in a Road Zone.
Store Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot.
Take away food premises The site must adjoin, or have access to, a road in a Road Zone.
Utility installation (other than Minor utility installation and Telecommunications facility)
Any other use not in Section 1 or 3
Section 3 – Prohibited
USE
Amusement parlour
Brothel
Cinema based entertainment facility
Extractive industry
Industry (other than Car wash)
Intensive animal husbandry
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Community market, Convenience shop, Food and drink premises, and Plant nursery)
Saleyard
Transport terminal
Warehouse (other than Store)
32.03-2 Use for one or two dwellings or a dependent person’s unit
A lot may be used for one or two dwellings provided the following requirements are met:
Each dwelling must be connected to reticulated sewerage, if available. If reticulated sewerage is not available, all wastewater from each dwelling must be treated and retained within the lot in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.
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Each dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply, with appropriate storage capacity, to the satisfaction of the responsible authority.
Each dwelling must be connected to a reticulated electricity supply or have an alternative energy supply to the satisfaction of the responsible authority.
These requirements also apply to a dependent person’s unit.
32.03-3 Subdivision
Permit requirement
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone. Any area specified must be at least 0.4 hectare. If no area is specified, each lot must be at least 0.4 hectare.
A permit may be granted to create lots smaller than 0.4 hectare if the subdivision:
Excises land which is required for a road or a utility installation.
Provides for the re-subdivision of existing lots and the number of lots is not increased.
Application requirements
An application must be accompanied by a site analysis, documenting the site in terms of land form, vegetation coverage and the relationship with surrounding land, and a report explaining how the proposed subdivision has responded to the site analysis. The report must:
In the absence of reticulated sewerage, include a land assessment which demonstrates that each lot is capable of treating and retaining all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.
Show for each lot:
A building envelope and driveway to the envelope.
Existing vegetation.
In the absence of reticulated sewerage, an effluent disposal area.
Show how the proposed subdivision relates to the existing or likely use and development of adjoining and nearby land.
If a staged subdivision, show how the balance of the land may be subdivided.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The protection and enhancement of the natural environment and character of the area including the retention of vegetation and faunal habitat and the need to plant vegetation along waterways, gullies, ridgelines and property boundaries.
The availability and provision of utility services, including sewerage, water, drainage, electricity, gas and telecommunications.
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In the absence of reticulated sewerage:
The capability of the lot to treat and retain all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.
The benefits of restricting the size of lots to the minimum required to treat and retain all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria).
The benefits of restricting the size of lots to generally no more than 2 hectares to enable lots to be efficiently maintained without the need for agricultural techniques and equipment.
The relevant standards of Clauses 56.07-1 to 56.07-4.
32.03-4 Buildings and works
A permit is required to construct or carry out any of the following:
A building or works associated with a use in Section 2 of Clause 32.03-1.
An outbuilding which has dimensions greater than those specified in the schedule to this zone.
32.03-5 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MURRINDINDI PLANNING SCHEME
SCHEDULE TO THE LOW DENSITY RESIDENTIAL ZONE 19/07/2007 C12
Shown on the planning scheme map as LDRZ.
Land Area
Minimum subdivision area (hectares).
All land west of Halls Flat Road, south of Maroondah Highway, Alexandra
Land bounded by Whittlesea – Yea Road, Whittlesea – Kinglake Road, Nichols Road and Pheasant Creek Road
All other land
1 hectare
2 hectares
1 hectare, unless lots 0.4ha or larger are in accordance with a Land Capability Assessment approved by the responsible authority that complies with the EPA publication 746.1 Land Capability Assessment for Onsite Domestic Wastewater Management, March 2003 and the Septic Tanks Code of Practice, March 2003.
Dimensions above which a permit is required to construct an outbuilding
None specified
LOW DENSITY RESIDENTIAL ZONE - SCHEDULE PAGE 1 OF 1
MIXED USE ZONE PAGE 1 OF 6
32.04 MIXED USE ZONE
Shown on the planning scheme map as MUZ.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To provide for a range of residential, commercial, industrial and other uses whichcomplement the mixed-use function of the locality.
To encourage residential development that respects the neighbourhood character.
32.04-1 Table of uses
Section 1 – Permit not required
USE CONDITION
Animal keeping (other than Animal
boarding)
Must be no more than 2 animals.
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Bed and breakfast No more than 6 persons may beaccommodated away from their normalplace of residence.At least 1 car parking space must beprovided for each 2 persons able to beaccommodated away from their normalplace of residence.
Carnival Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Circus Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Dependent person’s unit Must be the only dependent person’s uniton the lot.
Dwelling (other than Bed and breakfast)
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause52.08-2.
Minor utility installation
Natural systems
Place of worship Must be no social or recreation activities.The gross floor area of all buildings mustnot exceed 180 square metres.The site must not exceed 1200 squaremetres.The site must adjoin, or have access to, aroad in a Road Zone.
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Section 1 – Permit not required (continued)
USE CONDITION
Railway
Residential aged care facility
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Tramway
Section 2 - Permit required
USE CONDITION
Accommodation (other than Dependent
person's unit, Dwelling and Residential
aged care facility)
Agriculture (other than Animal keeping
and Apiculture)
Animal boarding
Animal keeping (other than Animal
boarding) – if the Section 1 condition is
not met
Must be no more than 5 animals.
Industry Must not be a purpose listed in the table toClause 52.10.
Leisure and recreation (other than
Informal outdoor recreation)
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Office The combined leasable floor area for alloffices must not exceed any amountspecified in the schedule to this zone.
Place of assembly (other than Carnival,
Circus, and Place of worship)
Retail premises (other than Shop and
Trade supplies)
Shop (other than Adult sex bookshop) The combined leasable floor area for allshops must not exceed any amountspecified in the schedule to this zone.
Trade supplies The combined leasable floor area for alltrade supplies must not exceed any amountspecified in the schedule to this zone.
Utility installation (other than Minor utility
installation and Telecommunications
facility).
Warehouse Must not be a purpose listed in the table toClause 52.10.
Any other use not in Section 1 or 3
MIXED USE ZONE PAGE 3 OF 6
Section 3 - Prohibited
USE
Adult sex bookshop
Brothel
Extractive industry
32.04-2 Use for industry and warehouse
Amenity of the neighbourhood
The use of land for an industry or warehouse must not adversely affect the amenity of theneighbourhood, including through:
The transport of materials or goods to or from the land.
The appearance of any stored materials or goods.
Traffic generated by the use.
Emissions from the land.
Application requirements
Unless the circumstances do not require, an application to use land for an industry orwarehouse must be accompanied by the following information:
The purpose of the use and the types of activities to be carried out.
The type and quantity of materials and goods to be stored, processed or produced.
Whether a Works Approval or Waste Discharge Licence is required from theEnvironment Protection Authority.
Whether a notification under the Occupational Health and Safety (Major HazardFacilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985is required, or a fire protection quantity under the Dangerous Goods (Storage andHandling) Regulations 2000 is exceeded.
How land not required for immediate use is to be maintained.
The likely effects, if any, on the neighbourhood, including noise levels, traffic, air-borneemissions, emissions to land and water, light spill, glare, solar access and hours ofoperation (including the hours of delivery and dispatch of materials and goods).
Decision guidelines
Before deciding on an application to use land for an industry or warehouse, in addition tothe decision guidelines in Clause 65, the responsible authority must consider, asappropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The effect that existing uses on adjoining or nearby land may have on the proposed use.
The design of buildings, including provision for solar access.
The availability and provision of utility services.
The effect of traffic to be generated by the use.
The interim use of those parts of the land not required for the proposed use.
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32.04-3 Subdivision
Permit requirement
A permit is required to subdivide land.
An application to subdivide land, other than an application to subdivide land into lots eachcontaining an existing dwelling or car parking space, must meet the requirements of Clause56 and:
Must meet all of the objectives included in the clauses specified in the following table.
Should meet all of the standards included in the clauses specified in the following table.
CLASS OF SUBDIVISION OBJECTIVES AND STANDARDS TO BE MET
60 or more lots All except Clause 56.03-5.
16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1and 56.06-3.
3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2,56.06-1, 56.06-3 and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to56.09-2.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives and standards of Clause 56.
32.04-4 Construction and extension of one dwelling on a lot
Permit requirement
A permit is required to construct or extend one dwelling on:
A lot of less than 300 square metres.
A lot of between 300 square metres and 500 square metres if specified in the schedule tothis zone.
A permit is required to construct or extend a front fence within 3 metres of a street if:
The fence is associated with one dwelling on: A lot of less than 300 square metres, or A lot of between 300 and 500 square metres if specified in a schedule to this zone,
and
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The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.
No permit required
No permit is required to:
Construct or carry out works normal to a dwelling.
Construct or extend an out-building (other than a garage or carport) on a lot providedthe gross floor area of the out-building does not exceed 10 square metres and themaximum building height is not more than 3 metres above ground level.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives, standards and decision guidelines of Clause 54.
32.04-5 Construction and extension of two or more dwellings on a lot, dwellings oncommon property and residential buildings
Permit requirement
A permit is required to:
Construct a dwelling if there is at least one dwelling existing on the lot.
Construct two or more dwellings on a lot.
Extend a dwelling if there are two or more dwellings on the lot.
Construct or extend a dwelling if it is on common property.
Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
The fence is associated with 2 or more dwellings on a lot or a residential building, and
The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to adevelopment of four or more storeys, excluding a basement.
A permit is not required to construct one dependent person’s unit on a lot.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives, standards and decision guidelines of Clause 55.
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32.04-6 Requirements of Clause 54 and Clause 55
The schedule to this zone may specify the requirements of:
Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme.
Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in therelevant standard of Clause 54 or Clause 55 applies.
32.04-7 Buildings and works associated with a Section 2 use
A permit is required to construct a building or construct or carry out works for a use inSection 2 of Clause 32.04-1.
32.04-8 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MIXED USE ZONE – SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE MIXED USE ZONE
Land Maximum
combined
leasable floor
area (m2) for
office.
Maximum
combined
leasable floor
area (m2) for
shop (other
than adult
sex book
shop).
Maximum
combined
leasable floor
area (m2) for
trade
supplies.
None specified
Is a permit required to construct or extend one dwelling on a lot of between 300
square metres and 500 square metres?
No
Clause 54 and
Clause 55
Standard
Requirement
Minimum
street setback
Standard A3 andStandard B6
None specified
Building height Standard A4 andStandard B7
None specified
Site coverage Standard A5 andStandard B8
None specified
Side and rear
setbacks
Standard A10 andStandard B17
None specified
Standard A17 None specifiedPrivate open
space
Standard B28 None specified
Front fence
height
Standard A20 andStandard B32
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TOWNSHIP ZONE PAGE 1 OF 7
32.05 TOWNSHIP ZONE
Shown on the planning scheme map as TZ.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To provide for residential development and a range of commercial, industrial and other usesin small towns.
To encourage residential development that respects the neighbourhood character.
32.05-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Animal keeping (other than Animal
boarding)
Must be no more than 2 animals.
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Bed and breakfast No more than 6 persons may beaccommodated away from their normalplace of residence.At least 1 car parking space must beprovided for each 2 persons able to beaccommodated away from their normalplace of residence.
Carnival Must meet the requirements of A ‘GoodNeighbour‘ Code of Practice for a Circus orCarnival, October 1997.
Circus Must meet the requirements of A ‘GoodNeighbour‘ Code of Practice for a Circus orCarnival, October 1997.
Dependent person's
unit
Must be the only dependent person's uniton the lot.Must meet the requirements of Clause32.05-2.
Dwelling (other than
Bed and breakfast)
Must meet the requirements of Clause32.05-2.
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause52.08-2.
Minor utility installation
Natural systems
Place of worship Must be no social or recreation activities.The gross floor area of all buildings mustnot exceed 180 square metres.
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Section 1 - Permit not required (continued)
USE CONDITION
The site must not exceed 1200 squaremetres.
The site must adjoin, or have access to, aroad in a Road Zone.
Railway
Residential aged care facility
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Tramway
Section 2 - Permit required
USE CONDITION
Accommodation (other than Dependent
person's unit, Dwelling and Residential
aged care facility)
Agriculture (other than Animal keeping,
Apiculture and Intensive animal
husbandry)
Animal boarding
Animal keeping (other than Animal
boarding) – if the Section 1 condition is
not met
Must be no more than 5 animals.
Dependent person's unit - if the Section 1
condition is not met
Must meet the requirements of Clause32.05-2.
Industry (other than Refuse disposal) Must not be a purpose listed in the table toClause 52.10.
Leisure and recreation (other than
Informal outdoor recreation and Motor
racing track)
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Place of assembly (other than Carnival,
Circus, and Place of worship)
Retail premises (other than Adult sex
bookshop)
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Warehouse Must not be a purpose listed in the table toClause 52.10.
Any other use not in Section 1 or 3
TOWNSHIP ZONE PAGE 3 OF 7
Section 3 - Prohibited
USE
Adult sex bookshop
Brothel
Dwelling – if the Section 1 condition is not met
Extractive industry
Intensive animal husbandry
Motor racing track
Refuse disposal
Saleyard
32.05-2 Use for a dwelling or a dependent person’s unit
A lot may be used for a dwelling provided the following requirements are met:
Each dwelling must be connected to reticulated sewerage, if available. If reticulatedsewerage is not available, all wastewater from each dwelling must be treated andretained within the lot in accordance with the State Environment Protection Policy(Waters of Victoria) under the Environment Protection Act 1970.
Each dwelling must be connected to a reticulated potable water supply or have analternative potable water supply, with appropriate storage capacity, to the satisfactionof the responsible authority.
Each dwelling must be connected to a reticulated electricity supply or have analternative energy supply to the satisfaction of the responsible authority.
These requirements also apply to a dependent person’s unit.
32.05-3 Use for industry and warehouse
Amenity of the neighbourhood
The use of land for an industry or warehouse must not adversely affect the amenity of theneighbourhood, including through:
The transport of materials or goods to or from the land.
The appearance of any stored materials or goods.
Traffic generated by the use.
Emissions from the land.
Application requirements
Unless the circumstances do not require, an application to use land for an industry orwarehouse must be accompanied by the following information:
The purpose of the use and the types of activities to be carried out.
The type and quantity of materials and goods to be stored, processed or produced.
Whether a Works Approval or Waste Discharge Licence is required from theEnvironment Protection Authority.
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Whether a notification under the Occupational Health and Safety (Major HazardFacilities) Regulations 2000 is required, a licence under the Dangerous Goods Act1985 is required, or a fire protection quantity under the Dangerous Goods (Storage andHandling) Regulations 2000 is exceeded.
How land not required for immediate use is to be maintained.
The likely effects, if any, on the neighbourhood, including noise levels, traffic, air-borne emissions, emissions to land and water, light spill, glare, solar access and hoursof operation (including the hours of delivery and despatch of materials and goods).
Decision guidelines
Before deciding on an application to use land for an industry or warehouse, in addition tothe decision guidelines in Clause 65, the responsible authority must consider, asappropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The effect that existing uses on adjoining or nearby land may have on the proposeduse.
The design of buildings, including provision for solar access.
The availability and provision of utility services.
The effect of traffic to be generated by the use.
The interim use of those parts of the land not required for the proposed use.
32.05-4 Subdivision
Permit requirement
A permit is required to subdivide land.
An application to subdivide land, other than an application to subdivide land into lots eachcontaining an existing dwelling or car parking space, must meet the requirements of Clause56 and:
Must meet all of the objectives included in the clauses specified in the following table.
Should meet all of the standards included in the clauses specified in the following table.
CLASS OF SUBDIVISION OBJECTIVES AND STANDARDS TO BE MET
16 or more lots Clauses 56.02-1, 56.03-5, 56.04-2 to 56.04-5, 56.05-1,56.05-2, 56.06-2, 56.06-4, 56.06-5, 56.06-7, 56.06-8 and56.07-1 to 56.09-4.
3 – 15 lots Clauses 56.03-5, 56.04-2 to 56.04-5, 56.05-1, 56.06-2,56.06-4, 56.06-5, 56.06-7 and 56.06-8 to 56.09-4.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5 and 56.06-8to 56.09-2.
Each lot must be provided with reticulated sewerage, if available. If reticulated sewerage isnot available, the application must be accompanied by:
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A land assessment which demonstrates that each lot is capable of treating and retainingall wastewater in accordance with the State Environment Protection Policy (Waters ofVictoria) under the Environment Protection Act 1970.
A plan which shows a building envelope and effluent disposal area for each lot.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives and standards of Clause 56.
32.05-5 Construction and extension of one dwelling on a lot
Permit requirement
A permit is required to construct or extend one dwelling on:
A lot of less than 300 square metres.
A lot of between 300 square metres and 500 square metres if specified in the scheduleto this zone.
A permit is required to construct or extend a front fence within 3 metres of a street if:
The fence is associated with one dwelling on: A lot of less than 300 square metres, or A lot of between 300 and 500 square metres if specified in a schedule to this zone,
and The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.
No permit required
No permit is required to:
Construct or carry out works normal to a dwelling.
Construct or extend an out-building (other than a garage or carport) on a lot providedthe gross floor area of the out-building does not exceed 10 square metres and themaximum building height is not more than 3 metres above ground level.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives, standards and decision guidelines of Clause 54.
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32.05-6 Construction and extension of two or more dwellings on a lot, dwellings oncommon property and residential buildings
Permit requirement
A permit is required to:
Construct a dwelling if there is at least one dwelling existing on the lot.
Construct two or more dwellings on a lot.
Extend a dwelling if there are two or more dwellings on the lot.
Construct or extend a dwelling if it is on common property.
Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
The fence is associated with 2 or more dwellings on a lot or a residential building, and
The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to adevelopment of four or more storeys, excluding a basement.
A permit is not required to construct one dependent person’s unit on a lot.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives, standards and decision guidelines of Clause 55.
32.05-7 Requirements of Clause 54 and Clause 55
The schedule to this zone may specify the requirements of:
Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme.
Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in therelevant standard of Clause 54 or Clause 55 applies.
32.05-8 Buildings and works associated with a Section 2 use
A permit is required to construct a building or construct or carry out works for a use inSection 2 of Clause 32.05-1.
32.05-9 Decision guidelines
Before deciding on an application to use or subdivide land, construct or extend a dwellingor residential building, construct a building or construct or carry out works, in addition tothe decision guidelines in Clause 65, the responsible authority must consider, asappropriate:
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The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The protection and enhancement of the character of the town and surrounding areaincluding the retention of vegetation.
The availability and provision of utility services, including sewerage, water, drainage,electricity, gas and telecommunications.
In the absence of reticulated sewerage, the capability of the lot to treat and retain allwastewater in accordance with the State Environment Protection Policy (Waters ofVictoria) under the Environment Protection Act 1970.
The design of buildings, including provision for solar access.
The need for a verandah along the front or side of commercial buildings to provideshelter for pedestrians.
Provision of car parking and loading bay facilities and landscaping.
32.05-10 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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TOWNSHIP ZONE - SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE TOWNSHIP ZONE
Is a permit required to construct or extend one dwelling on a lot of between 300
square metres and 500 square metres?
No
Clause 54 and
Clause 55
Standard
Requirement
Minimum
street setback
Standard A3 andStandard B6
None specified
Building height Standard A4 andStandard B7
None specified
Site coverage Standard A5 andStandard B8
None specified
Side and rear
setbacks
Standard A10 andStandard B17
None specified
Standard A17 None specifiedPrivate open
space
Standard B28 None specified
Front fence
height
Standard A20 andStandard B32
None specified
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33 INDUSTRIAL ZONES19/01/2006VC37
INDUSTRIAL 1 ZONE PAGE 1 OF 7
33.01 INDUSTRIAL 1 ZONE
Shown on the planning scheme map as IN1Z.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To provide for manufacturing industry, the storage and distribution of goods and associateduses in a manner which does not affect the safety and amenity of local communities.
33.01-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Carnival Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Circus Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Crop raising
Extensive animal husbandry
Home occupation
Industry (other than Materials recycling) Must not be a purpose shown with a Note 1or Note 2 in the table to Clause 52.10.The land must be at least the followingdistances from land (not a road) which is ina residential zone, Business 5 Zone, CapitalCity Zone or Docklands Zone, land used fora hospital or an education centre or land ina Public Acquisition Overlay to be acquiredfor a hospital or an education centre:
The threshold distance, for a purposelisted in the table to Clause 52.10.
30 metres, for a purpose not listed in thetable to Clause 52.10.
Must not adversely affect the amenity of theneighbourhood, including through the:
Transport of materials, goods orcommodities to or from the land.
Appearance of any stored goods ormaterials.
Emission of noise, artificial light,vibration, odour, fumes, smoke, vapour,steam, soot, ash, dust, waste water,waste products, grit or oil.
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USE CONDITION
Informal outdoor recreation
Mail centre
Mineral exploration
Mining Must meet the requirements of Clause52.08-2.
Minor utility installation
Natural systems
Railway
Road
Search for stone Must not be costeaning or bulk sampling.
Service station The land must be at least 30 metres fromland (not a road) which is in a residentialzone, Business 5 Zone, Capital City Zone orDocklands Zone, land used for a hospital oran education centre or land in a PublicAcquisition Overlay to be acquired for ahospital or an education centre.
Shipping container storage Must not be a purpose shown with a Note 1or Note 2 in the table to Clause 52.10.
The land must be at least the followingdistances from land (not a road) which is ina residential zone, Business 5 Zone, CapitalCity Zone or Docklands Zone, land used fora hospital or an education centre or land ina Public Acquisition Overlay to be acquiredfor a hospital or an education centre:
The threshold distance, for a purposelisted in the table to Clause 52.10.
100 metres, for a purpose not listed inthe table to Clause 52.10.
The site must adjoin, or have access to, aroad in a Road Zone.
Shipping containers must be setback atleast 9 metres from a road in a Road Zone.
The height of shipping container stacksmust not exceed 6 containers or 16 metres,whichever is the lesser.
Must not adversely affect the amenity of theneighbourhood, including through the:
Transport of materials, goods orcommodities to or from the land.
Appearance of any stored goods ormaterials.
Emission of noise, artificial light,vibration, odour, fumes, smoke, vapour,steam, soot, ash, dust, waste water,waste products, grit or oil.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Tramway
INDUSTRIAL 1 ZONE PAGE 3 OF 7
USE CONDITION
Warehouse (other than Mail centre and
Shipping container storage)
Must not be a purpose shown with a Note 1or Note 2 in the table to Clause 52.10.The land must be at least the followingdistances from land (not a road) which is ina residential zone, Business 5 Zone, CapitalCity Zone or Docklands Zone, land used fora hospital or an education centre or land ina Public Acquisition Overlay to be acquiredfor a hospital or an education centre:
The threshold distance, for a purposelisted in the table to Clause 52.10.
30 metres, for a purpose not listed in thetable to Clause 52.10.
Must not adversely affect the amenity of theneighbourhood, including through the:
Transport of materials, goods orcommodities to or from the land.
Appearance of any stored goods ormaterials.
Emission of noise, artificial light,vibration, odour, fumes, smoke, vapour,steam, soot, ash, dust, waste water,waste products, grit or oil.
Section 2 - Permit required
USE CONDITION
Adult sex bookshop Must be at least 200 metres (measured bythe shortest route reasonably accessible onfoot) from a residential zone or Business 5Zone, land used for a hospital, primaryschool or secondary school or land in aPublic Acquisition Overlay to be acquiredfor a hospital, primary school or secondaryschool.
Agriculture (other than Apiculture, Crop
raising, Extensive animal husbandry,
and Intensive animal husbandry)
Caretaker's house
Convenience shop
Education centre Must not be a primary or secondary school.
Equestrian supplies
Leisure and recreation (other than
Informal outdoor recreation)
Lighting shop Must be in one occupation with a leasablefloor area of at least the amount specified inthe schedule to this zone. If no amount isspecified, the leasable floor area must be atleast 500 square metres.
Materials recycling The land must be at least 30 metres fromland (not a road) which is in a residential
INDUSTRIAL 1 ZONE PAGE 4 OF 7
USE CONDITION
zone or Business 5 Zone, land used for ahospital or an education centre or land in aPublic Acquisition Overlay to be acquiredfor a hospital or an education centre.
Mineral, stone, or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)
Office The leasable floor area must not exceed500 square metres.
Party supplies
Place of assembly (other than Carnival and
Circus)
Restricted retail premises (other than
Equestrian supplies, Lighting shop, and
Party supplies)
Must be in one occupation with a leasablefloor area of at least the amount specified inthe schedule to this zone. If no amount isspecified, the leasable floor area must be atleast 1000 square metres.
Retail premises (other than Shop)
Utility installation (other than Minor utility
installation and Telecommunications
facility).
Any gas holder, or sewerage or refusetreatment or disposal works, must be atleast 30 metres from land (not a road) whichis in a residential zone, Business 5 Zone,Capital City Zone or Docklands Zone landused for a hospital or an education centreor land in a Public Acquisition Overlay to beacquired for a hospital or an educationcentre.
Any other use not in Section 1 or 3
Section 3 - Prohibited
USE
Accommodation (other than Caretaker's house)
Cinema based entertainment facility
Hospital
Intensive animal husbandry
Shop (other than Adult sex bookshop, Convenience shop and Restricted retail
premises)
33.01-2 Use of land
Application requirements
An application to use land for an industry or warehouse must be accompanied by thefollowing information, as appropriate:
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INDUSTRIAL 1 ZONE PAGE 5 OF 7
The purpose of the use and the types of processes to be utilised.
The type and quantity of goods to be stored, processed or produced.
How land not required for immediate use is to be maintained.
Whether a Works Approval or Waste Discharge Licence is required from theEnvironment Protection Authority.
Whether a notification under the Occupational Health and Safety (Major HazardFacilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985is required, or a fire protection quantity under the Dangerous Goods (Storage andHandling) Regulations 2000 is exceeded.
The likely effects, if any, on the neighbourhood, including:
Noise levels.
Air-borne emissions.
Emissions to land or water.
Traffic, including the hours of delivery and despatch.
Light spill or glare.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The effect that the use may have on nearby existing or proposed residential areas orother uses which are sensitive to industrial off-site effects, having regard to anycomments or directions of the referral authorities.
The effect that nearby industries may have on the proposed use.
The drainage of the land.
The availability of and connection to services.
The effect of traffic to be generated on roads.
The interim use of those parts of the land not required for the proposed use.
33.01-3 Subdivision
Permit requirement
A permit is required to subdivide land.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act. This exemption does not apply to land within 30 metres of land (not a road) whichis in a residential zone or Business 5 Zone, land used for a hospital or an education centre orland in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
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Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any natural or cultural values on or near the land.
Streetscape character.
Landscape treatment.
Interface with non-industrial areas.
33.01-4 Buildings and works
Permit requirement
A permit is required to construct a building or construct or carry out works.
This does not apply to:
A building or works which rearrange, alter or renew plant if the area or height of theplant is not increased.
A building or works which are used for crop raising, extensive animal husbandry orinformal outdoor recreation.
A rainwater tank with a capacity of more than 4500 litres if the following requirementsare met:
The rainwater tank is not located within the building’s setback from a street (otherthan a lane).
The rainwater tank is no higher than the existing building on the site.
The rainwater tank is not located in an area that is provided for car parking, loading,unloading or accessway.
Application requirements
An application to construct a building or construct or carry out works must be accompaniedby the following information, as appropriate:
A plan drawn to scale which shows:
The boundaries and dimensions of the site.
Adjoining roads.
Relevant ground levels.
The layout of existing and proposed buildings and works.
Driveways and vehicle parking and loading areas.
Proposed landscape areas.
External storage and waste treatment areas.
Elevation drawings to scale which show the colour and materials of all buildings andworks.
Construction details of all drainage works, driveways and vehicle parking and loadingareas.
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A landscape layout which includes the description of vegetation to be planted, thesurfaces to be constructed, a site works specification and the method of preparing,draining, watering and maintaining the landscape area.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act. This exemption does not apply to an application for a building or works within 30metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for ahospital or an education centre or land in a Public Acquisition Overlay to be acquired for ahospital or an education centre.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any natural or cultural values on or near the land.
Streetscape character.
Built form.
Landscape treatment.
Interface with non-industrial areas.
Parking and site access.
Loading and service areas.
Outdoor storage.
Lighting.
Stormwater discharge.
Maintenance
All buildings and works must be maintained in good order and appearance to thesatisfaction of the responsible authority.
33.01-5 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 2.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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INDUSTRIAL 1 ZONE - SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE INDUSTRIAL 1 ZONE
Land Minimum leasable floorarea (m2) for lightingshop.
Minimum leasable floorarea (m2) for restrictedretail premises (otherthan equestriansupplies, lighting shopand party supplies).
None specified None specified None specified
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33.02 INDUSTRIAL 2 ZONE
Shown on the planning scheme map as IN2Z.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To provide for manufacturing industry, the storage and distribution of goods and associatedfacilities in a manner which does not affect the safety and amenity of local communities.
To promote manufacturing industries and storage facilities that require a substantialthreshold distance within the core of the zone.
To keep the core of the zone free of uses which are suitable for location elsewhere so as tobe available for manufacturing industries and storage facilities that require a substantialthreshold distance as the need for these arises.
33.02-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Crop raising
Extensive animal husbandry
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation
Natural systems
Railway
Road
Search for stone Must not be costeaning or bulk sampling.
Service station
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Tramway
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INDUSTRIAL 2 ZONE PAGE 2 OF 6
Section 2 - Permit required
USE CONDITION
Adult sex bookshop Must be at least 200 metres (measured bythe shortest route reasonably accessible onfoot) from a residential zone or Business 5Zone, land used for a hospital, primary schoolor secondary school or land in a PublicAcquisition Overlay to be acquired for ahospital, primary school or secondary school.
Agriculture (other than Apiculture, Crop
raising, Extensive animal husbandry,
and Intensive animal husbandry)
Caretaker's house
Convenience shop
Education centre Must not be a primary or secondary school.
Equestrian supplies
Industry
Leisure and recreation (other than
Informal outdoor recreation)
Mineral, stone, or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)
Office The leasable floor area must not exceed 500square metres.
Party supplies
Retail premises (other than Shop)
Utility installation (other than Minor utility
installation and Telecommunications
facility
Warehouse
Any other use not in Section 1 or 3
Section 3 - Prohibited
USE
Accommodation (other than Caretaker's house)
Cinema based entertainment facility
Display home
Hospital
Intensive animal husbandry
Place of assembly
Shop (other than Adult sex bookshop, Convenience shop, Equestrian supplies, and
Party supplies)
Veterinary centre
INDUSTRIAL 2 ZONE PAGE 3 OF 6
33.02-2 Use of land
Application requirements
An application to use land for an industry or warehouse must be accompanied by thefollowing information, as appropriate:
The suitability of the industry or warehouse being located in the core of the zone, wherethe land is more than 1500 metres from land (not a road) which is in a residential zone,Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or aneducation centre or land in a Public Acquisition Overlay to be acquired for a hospital oran education centre and the industry or warehouse is a purpose which is listed in theTable to Clause 52.10 as requiring a threshold distance of less than 1500 metres, or isnot listed in the Table.
The purpose of the use and the types of processes to be utilised.
The type and quantity of goods to be stored, processed or produced.
How land not required for immediate use is to be maintained.
Whether a Works Approval or Waste Discharge Licence is required from theEnvironment Protection Authority.
Whether a notification under the Occupational Health and Safety (Major HazardFacilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985is required, or a fire protection quantity under the Dangerous Goods (Storage andHandling) Regulations 2000 is exceeded.
The likely effects, if any, on the neighbourhood, including:
Noise levels.
Air-borne emissions.
Emissions to land or water.
Traffic, including the hours of delivery and dispatch.
Light spill or glare.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act.
This exemption does not apply to land within 30 metres from land (not a road) which is in aresidential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for ahospital or an education centre or land in a Public Acquisition Overlay to be acquired for ahospital or an education centre.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The suitability of the industry or warehouse being located in the core of the zone, wherethe land is more than 1500 metres from land (not a road) which is in a residential zone,Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an
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education centre or land in a Public Acquisition Overlay to be acquired for a hospital oran education centre and the industry or warehouse is a purpose which is listed in theTable to Clause 52.10 as requiring a threshold distance of less than 1500 metres, or isnot listed in the Table.
The effect that the use may have on nearby existing or proposed residential areas orother uses which are sensitive to industrial off-site effects, having regard to anycomments or directions of the referral authorities.
The effect that nearby industries may have on the proposed use.
The drainage of the land.
The availability of and connection to services.
The effect of traffic to be generated on roads.
The interim use of those parts of the land not required for the proposed use.
33.02-3 Subdivision
Permit requirement
A permit is required to subdivide land.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act. This exemption does not apply to land within 30 metres from land (not a road)which is in a residential zone or Business 5 Zone, land used for a hospital or an educationcentre or land in a Public Acquisition Overlay to be acquired for a hospital or an educationcentre.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any natural or cultural values on or near the land.
Streetscape character.
Landscape treatment.
Interface with non-industrial areas.
The suitability of the proposed lots for the types of industries and warehouses shown inthe table to Clause 52.10.
33.02-4 Buildings and works
Permit requirement
A permit is required to construct a building or construct or carry out works.
This does not apply to:
A building or works which rearrange, alter or renew plant if the area or height of theplant is not increased.
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INDUSTRIAL 2 ZONE PAGE 5 OF 6
A building or works which are used for crop raising, extensive animal husbandry orinformal outdoor recreation.
A rainwater tank with a capacity of more than 4500 litres if the following requirementsare met:
The rainwater tank is not located within the building’s setback from a street (otherthan a lane).
The rainwater tank is no higher than the existing building on the site.
The rainwater tank is not located in an area that is provided for car parking, loading,unloading or accessway.
Application requirements
An application to construct a building or construct or carry out works must be accompaniedby the following information, as appropriate:
A plan drawn to scale which shows:
The boundaries and dimensions of the site.
Adjoining roads.
Relevant ground levels.
The layout of existing and proposed buildings and works.
Driveways and vehicle parking and loading areas.
Proposed landscape areas.
External storage and waste treatment areas.
Elevation drawings to scale which show the colour and materials of all buildings andworks.
Construction details of all drainage works, driveways and vehicle parking and loadingareas.
A landscape layout which includes the description of vegetation to be planted, thesurfaces to be constructed, a site works specification and the method of preparing,draining, watering and maintaining the landscape area.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act. This exemption does not apply to an application for a building or works within 30metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for ahospital or an education centre or land in a Public Acquisition Overlay to be acquired for ahospital or an education centre.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The suitability of the proposed buildings or works for the types of industries andwarehouses shown in the table to Clause 52.10.
INDUSTRIAL 2 ZONE PAGE 6 OF 6
Any natural or cultural values on or near the land.
Streetscape character.
Built form.
Landscape treatment.
Interface with non-industrial areas.
Parking and site access.
Loading and service areas.
Outdoor Storage.
Lighting.
Stormwater discharge.
Maintenance
All buildings and works must be maintained in good order and appearance to thesatisfaction of the responsible authority.
33.02-5 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 2.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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34 BUSINESS ZONES19/01/2006VC37
BUSINESS 1 ZONE PAGE 1 OF 7
34.01 BUSINESS 1 ZONE
Shown on the planning scheme map as B1Z.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To encourage the intensive development of business centres for retailing and othercomplementary commercial, entertainment and community uses.
34.01-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Betting agency
Caretaker’s house
Carnival Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Child care centre Any frontage at ground floor level must notexceed 2 metres and access must not beshared with a dwelling (other than acaretaker's house).
Cinema
Cinema based entertainment facility
Circus Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Dwelling (other than Bed and breakfast
and Caretaker’s house)
Any frontage at ground floor level must notexceed 2 metres.
Education centre Any frontage at ground floor level must notexceed 10 metres and access must not beshared with a dwelling (other than acaretaker’s house).Must not be a primary or secondary school.
Electoral office May be used for only 4 months before anelection and 2 weeks after an election.
Food and drink premises (other than Hotel,
Restaurant and Tavern)
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation
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BUSINESS 1 ZONE PAGE 2 OF 7
USE CONDITION
Natural systems
Office (other than Electoral office) The combined leasable floor area for alloffices must not exceed any amount specifiedin the schedule to this zone.Any frontage at ground floor level must notexceed 2 metres and access must not beshared with a dwelling (other than acaretaker’s house), unless the office is abank, real estate agency, travel agency, orany other office where the floor spaceadjoining the frontage is a customer servicearea accessible to the public.
Postal agency
Railway
Restaurant Must not be on land specified in the scheduleto this zone.
Road
Search for stone Must not be costeaning or bulk sampling.
Shop (other than Adult sex bookshop) The combined leasable floor area for allshops must not exceed any amount specifiedin the schedule to this zone.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Trade supplies The combined leasable floor area for all tradesupplies must not exceed any amountspecified in the schedule to this zone.
Tramway
Section 2 - Permit required
USE CONDITION
Accommodation (other than Corrective
institution and Dwelling)
Adult sex bookshop Must be at least 200 metres (measured by theshortest route reasonably accessible on foot)from a residential zone or Business 5 Zone,land used for a hospital, primary school orsecondary school or land in a PublicAcquisition Overlay to be acquired for ahospital, primary school or secondary school.
Agriculture (other than Apiculture,
Intensive animal husbandry)
Bed and breakfast
Hotel
Industry Must not be a purpose listed in the table toClause 52.10.
Leisure and recreation facility (other than
Informal outdoor recreation, Major sports
BUSINESS 1 ZONE PAGE 3 OF 7
USE CONDITION
and recreation facility, and Motor racing
track)
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Place of assembly (other than Carnival,
Cinema, and Circus)
Retail premises (other than Betting
agency, Food and drink premises, Postal
agency, Shop, and Trade supplies)
Tavern
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Warehouse Must not be a purpose listed in the table toClause 52.10.
Any other use not in Section 1 or 3
Section 3 - Prohibited
USE
Corrective institution
Extractive industry
Intensive animal husbandry
Major sports and recreation facility
Motor racing track
34.01-2 Use of land
Amenity of the neighbourhood
A use must not detrimentally affect the amenity of the neighbourhood, including throughthe:
Transport of materials, goods or commodities to or from the land.
Appearance of any building, works or materials.
Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,ash, dust, waste water, waste products, grit or oil.
Application requirements
An application to use land must be accompanied by the following information, asappropriate:
The purpose of the use and the types of activities which will be carried out.
The likely effects, if any, on adjoining land, including noise levels, traffic, the hours ofdelivery and despatch of goods and materials, hours of operation and light spill, solaraccess and glare.
The means of maintaining land not required for immediate use.
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If an industry or warehouse:
The type and quantity of goods to be stored, processed or produced.
Whether a Works Approval or Waste Discharge Licence is required from theEnvironment Protection Authority.
Whether a notification under the Occupational Health and Safety (Major HazardFacilities) Regulations 2000 is required, a licence under the Dangerous Goods Act1985 is required, or a fire protection quantity under the Dangerous Goods (Storageand Handling) Regulations 2000 is exceeded.
The likely effects on adjoining land, including air-borne emissions and emissions toland and water.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The effect that existing uses may have on the proposed use.
The drainage of the land.
The availability of and connection to services.
The effect of traffic to be generated on roads.
The interim use of those parts of the land not required for the proposed use.
34.01-3 Subdivision
Permit requirement
A permit is required to subdivide land.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act. This exemption does not apply to land within 30 metres of land (not a road) whichis in a residential zone or Business 5 Zone, land used for a hospital or an education centreor land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Provision for vehicles providing for supplies, waste removal and emergency servicesand public transport.
The interface with adjoining zones, especially the relationship with residential areas.
The effect the subdivision will have on the potential of the area to accommodate theuses which will maintain or enhance its competitive strengths.
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34.01-4 Buildings and works
Permit requirement
A permit is required to construct a building or construct or carry out works. This includesthe internal rearrangement of a building if the maximum leasable floor area specified in theschedule to this zone is exceeded.
This does not apply to:
The installation of an automatic teller machine.
An alteration to an existing building façade provided:
The alteration does not include the installation of an external roller shutter.
At least 80 per cent of the building facade at ground floor level is maintained as anentry or window with clear glazing.
An awning that projects over a road if it is authorised by the relevant public landmanager.
Application requirements
An application to construct a building or construct or carry out works must be accompaniedby the following information, as appropriate:
A plan drawn to scale which shows:
The boundaries and dimensions of the site.
Adjoining roads.
The location, height and purpose of buildings and works on adjoining land.
Relevant ground levels.
The layout of existing and proposed buildings and works.
All driveway, car parking and loading areas.
Proposed landscape areas.
All external storage and waste treatment areas.
Areas not required for immediate use.
Elevation drawings to scale showing the colour and materials of all buildings andworks.
Construction details of all drainage works, driveways, vehicle parking and loadingareas.
A landscape layout which includes the description of vegetation to be planted, thesurfaces to be constructed, site works specification and method of preparing, draining,watering and maintaining the landscape area.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) ofthe Act. This exemption does not apply to an application for a building or works within 30metres of land (not a road) which is in a residential zone or Business 5 Zone, land used fora hospital or an education centre or land in a Public Acquisition Overlay to be acquired fora hospital or an education centre.
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Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The movement of pedestrians and cyclists, and vehicles providing for supplies, wasteremoval, emergency services and public transport.
The provision of car parking.
The interface with adjoining zones, especially the relationship with residential areas.
The streetscape, including the conservation of buildings, the design of verandahs, accessfrom the street front, protecting active frontages to pedestrian areas, the treatment of thefronts and backs of buildings and their appurtenances, illumination of buildings or theirimmediate spaces and the landscaping of land adjoining a road.
The storage of rubbish and materials for recycling.
Defining the responsibility for the maintenance of buildings, landscaping and pavedareas.
The availability of and connection to services.
The design of buildings to provide for solar access.
The objectives, standards and decision guidelines of Clause 54 and Clause 55. This doesnot apply to a development of four or more storeys, excluding a basement.
Maintenance
All buildings and works must be maintained in good order and appearance to thesatisfaction of the responsible authority.
34.01-5 Neighbourhood and site description and design response
An application for any of the following must be accompanied by a neighbourhood and sitedescription and a design response as described in Clause 54.01:
Construction or extension of one dwelling on a lot of less than 300 square metres.
Construction of a dwelling if there is at least one dwelling existing on the lot.
Construction of two or more dwellings on a lot.
Extension of a dwelling if there are two or more dwellings on the lot.
Construction or extension of a dwelling on common property.
Construction or extension of a residential building.
Satisfactory neighbourhood and site description before notice and decision
The responsible authority must inform the applicant in writing:
Before notice of an application is given, or
If notice of an application is not required to be given, before deciding the application,
that the neighbourhood and site description meets the requirements of Clause 54.01 and issatisfactory or does not meet the requirements of Clause 54.01 and is not satisfactory.
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If the responsible authority decides that the neighbourhood and site description is notsatisfactory, it may require more information from the applicant under Section 54 of theAct.
The responsible authority must not require notice of an application to be given or decide anapplication until it is satisfied that the neighbourhood and site description meets therequirements of Clause 54.01 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)of the Act.
34.01-6 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 1.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MURRINDINDI PLANNING SCHEME
BUSINESS 1 ZONE - SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE BUSINESS 1 ZONE
Land Maximum
combined
leasable floor
area (m2) for
office (other
than electoral
office).
Maximum
combined
leasable floor
area (m2) for
shop (other
than adult
sex book
shop).
Maximum
combined
leasable floor
area (m2) for
trade
supplies.
None specified
Land on which a permit is required for restaurant
None specified
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BUSINESS 4 ZONE PAGE 1 OF 7
34.04 BUSINESS 4 ZONE
Shown on the planning scheme map as B4Z.
Purpose
To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
To encourage the development of a mix of bulky goods retailing and manufacturing industry and their associated business services.
34.04-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Carnival Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Circus Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Electoral office May be used for only 4 months before anelection and 2 weeks after an election.
Equestrian supplies The combined leasable floor area for allrestricted retail premises must not exceed anyamount specified in the schedule to this zone.
Industry (other than Materials recycling) Must not be a purpose shown with a Note 1 orNote 2 in the table to Clause 52.10. The land must be at least the followingdistances from land (not a road) which is in aresidential zone, Business 5 Zone, CapitalCity Zone or Docklands Zone, land used for ahospital or an education centre or land in aPublic Acquisition Overlay to be acquired for ahospital or an education centre:
• The threshold distance, for a purposelisted in the table distance Clause 52.10.
• 30 metres, for a purpose not listed in thetable to Clause 52.10.
Informal outdoor recreation
Lighting shop Must be in one occupation with a leasablefloor area of at least the amount specified inthe schedule to this zone. If no amount isspecified, the leasable floor area must be atleast 500 square metres.
The combined leasable floor area for all
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USE CONDITION restricted retail premises must not exceed anyamount specified in the schedule to this zone.
Mail centre Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation Natural systems
Party supplies The combined leasable floor area for allrestricted retail premises must not exceed anyamount specified in the schedule to this zone.
Railway
Restricted retail premises (other than Equestrian supplies, Lighting shop, and Party supplies)
Must be in one occupation with a leasablefloor area of at least the amount specified inthe schedule to this zone. If no amount isspecified, the leasable floor area must be atleast 1000 square metres.
The combined leasable floor area for allrestricted retail premises must not exceed anyamount specified in the schedule to this zone.
Road
Search for stone Must not be costeaning or bulk sampling.
Service station The land must be at least 30 metres from land(not a road) which is in a residential zone orBusiness 5 Zone, land used for a hospital oran education centre or land in a PublicAcquisition Overlay to be acquired for ahospital or an education centre.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Trade supplies The combined leasable floor area for all tradesupplies must not exceed any amountspecified in the schedule to this zone.
Tramway
Warehouse (other than Mail centre and Shipping container storage)
Must not be a purpose shown with a Note 1 orNote 2 in the table to Clause 52.10. The land must be at least the followingdistances from land (not a road) which is aresidential zone, Business 5 Zone, CapitalCity Zone or Docklands Zone, land used for ahospital or an education centre or land in aPublic Acquisition Overlay to be acquired for ahospital or an education centre:
• The threshold distance, for a purposelisted in the table to Clause 52.10.
• 30 metres, for a purpose not listed in thetable to Clause 52.10.
BUSINESS 4 ZONE PAGE 3 OF 7
Section 2 - Permit required
USE CONDITION
Adult sex bookshop Must be at least 200 metres (measured by theshortest route reasonably accessible on foot)from a residential zone or Business 5 Zone,land used for a hospital, primary school orsecondary school or land in a PublicAcquisition Overlay to be acquired for ahospital, primary school or secondary school.
Agriculture (other than Apiculture and Intensive animal husbandry)
Caretaker's house Convenience shop
Education centre Must not be a primary or secondary school.
Leisure and recreation (other than Informal outdoor recreation, Major sports and recreation facility, and Motor racing track)
Materials recycling Mineral, stone, or soil extraction (other
than Extractive industry, Mineral exploration, Mining, and Search for stone)
Motel
Office (other than Electoral office) The leasable floor area must not exceed 500square metres.
Place of assembly (other than Carnival and Circus)
Retail premises (other than Shop and Trade supplies)
Shipping container storage Utility installation (other than Minor utility
installation and Telecommunications facility)
Any other use not in Section 1 or 3
BUSINESS 4 ZONE PAGE 4 OF 7
Section 3 - Prohibited
USE
Accommodation (other than Caretaker's house and Motel )
Extractive industry
Hospital
Intensive animal husbandry
Major sports and recreation facility
Motor racing track
Shop (other than Adult sex bookshop, Convenience shop, and Restricted retail premises)
34.04-2 Use of land
Amenity of the neighbourhood
A use must not detrimentally affect the amenity of the neighbourhood, including through the:
Transport of materials, goods or commodities to or from the land.
Appearance of any building, works or materials.
Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.
Application requirements
An application to use land must be accompanied by the following information, as appropriate:
The purpose of the use and the types of activities which will be carried out.
The likely effects, if any, on nearby land including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare.
The means of maintaining areas not required for immediate use.
If an industry or warehouse:
The type and quantity of goods to be stored, processed or produced.
Whether a Works Approval, or Waste Discharge Licence is required from the Environment Protection Authority.
Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1995 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded.
The likely effects on adjoining land, including air-borne emissions and emissions to land and water.
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Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The effect that existing uses may have on the proposed use.
The drainage of the land.
The availability of and connection to services.
The effect of traffic to be generated on roads.
The interim use of those parts of the land not required for the proposed use.
If an industry or warehouse, the effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to any comments or directions of the referral authorities.
34.04-3 Subdivision
Permit requirement
A permit is required to subdivide land.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths.
Any natural or cultural values on or near the land.
Streetscape character.
Landscape treatment.
The interface with adjoining zones, especially the relationship with residential areas.
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34.04-4 Buildings and works
Permit requirement
A permit is required to construct a building or construct or carry out works. This includes the internal rearrangement of a building if the maximum leasable floor area specified in the schedule to this zone is exceeded.
This does not apply to:
The installation of an automatic teller machine.
An alteration to an existing building façade provided:
The alteration does not include the installation of an external roller shutter.
At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing.
An awning that projects over a road if it is authorised by the relevant public land manager.
Application requirements
An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:
A plan drawn to scale which shows:
The boundaries and dimensions of the site.
Adjoining roads.
The location, height and purpose of buildings and works on adjoining land.
Relevant ground levels.
The layout of existing and proposed buildings and works.
All driveway, car parking and loading areas.
Proposed landscape areas.
All external storage and waste treatment areas.
Areas not required for immediate use.
Elevation drawings to scale showing the colour and materials of all buildings and works.
Construction details of all drainage works, driveways, vehicle parking and loading areas.
A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
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BUSINESS 4 ZONE PAGE 7 OF 7
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport.
The provision of car parking.
The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, including outdoor advertising structures, illumination of buildings or their immediate spaces and landscaping of land adjoining a road.
Defining the responsibility for the maintenance of buildings, landscaping and paved areas.
The availability of and connection to services.
Any natural or cultural values on or near the land.
Interface with non industrial areas.
Outdoor storage, lighting and storm water discharge.
The design of buildings to provide for solar access.
Maintenance
All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority.
34.04-5 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 1.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MURRINDINDI PLANNING SCHEME
BUSINESS 4 ZONE - SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE BUSINESS 4 ZONE
Land Maximumcombinedleasable floorarea (m2) forrestricted retailpremises.
Maximumcombinedleasable floorarea (m2) fortrade supplies.
Minimumleasable floorarea (m2) forlighting shop.
Minimumleasable floorarea (m2) forrestricted retailpremises(other thanequestriansupplies,lighting shopand partysupplies).
None specified None specified None specified None specified None specified
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RURAL ZONE PAGE 1 OF 1
35 RURAL ZONES19/01/2006VC37
RURAL LIVING ZONE PAGE 1 of 6
35.03 RURAL LIVING ZONE
Shown on the planning scheme map as RLZ with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To provide for residential use in a rural environment.
To provide for agricultural land uses which do not adversely affect the amenity ofsurrounding land uses.
To protect and enhance the natural resources, biodiversity and landscape and heritagevalues of the area.
To encourage use and development of land based on comprehensive and sustainable landmanagement practices and infrastructure provision.
35.03-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Animal keeping (other than Animal
boarding)
Must be no more than 2 animals.
Apiculture Must meet the requirements of the Apiary Codeof Practice, May 1997.
Bed and breakfast No more than 6 persons may beaccommodated away from their normal place ofresidence.
At least 1 car parking space must be providedfor each 2 persons able to be accommodatedaway from their normal place of residence.
Carnival
Circus
Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Dependent person's unit Must be the only dependent person’s unit onthe lot.
Must meet the requirements of Clause 35.03-2.
Dwelling (other than Bed and
breakfast)
The lot must be at least the area specified in aschedule to this zone. If no area is specified,the lot must be at least 8 hectares.
Must be the only dwelling on the lot.
Must meet the requirements of Clause 35.03-2.
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
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RURAL LIVING ZONE PAGE 2 of 6
USE CONDITION
Minor utility installation
Natural systems
Railway
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Tramway
Section 2 - Permit required
USE CONDITION
Accommodation (other than Dependent
person’s unit and Dwelling)
Agriculture (other than Animal keeping,
Apiculture, Intensive animal
husbandry and Timber production)
Animal boarding
Car park Must be used in conjunction with another use inSection 1 or 2.
Community market
Convenience shop The leasable floor area must not exceed 80square metres.
The site must not have direct access to a ruralfreeway.
Dependent person’s unit - if the
Section 1 condition is not met
Dwelling (other than Bed and
breakfast) - if the Section 1 condition
is not met
Must meet the requirements of Clause 35.03-2.
Freeway service centre Must meet the requirements of Clause 52.30.
Hotel The site must not have direct access to a ruralfreeway.
Leisure and recreation (other than
Informal outdoor recreation and
Motor racing track)
Medical centre
Mineral, stone, or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)
Place of assembly (other than
Amusement parlour, Carnival, Circus,
and Nightclub)
Plant nursery
Postal agency
Primary produce sales
RURAL LIVING ZONE PAGE 3 of 6
USE CONDITION
Restaurant The site must not have direct access to a ruralfreeway.
Rural industry (other than Abattoir and
Sawmill)
Service station The site must either:
Adjoin a business zone or industrial zone. Adjoin, or have access to, a road in a Road
Zone.
The site must not exceed either:
3000 square metres. 3600 square metres if it adjoins on two
boundaries a road in a Road Zone.
The site must not have direct access to a ruralfreeway.
Store Must be in a building, not a dwelling, and usedto store equipment, goods, or motor vehiclesused in conjunction with the occupation of aresident of a dwelling on the lot.
Tavern The site must not have direct access to a ruralfreeway.
Timber production Must meet the requirements of Clause 52.18.
Utility installation (other than Minor
utility installation and
Telecommunications facility)
Any other use not in Section 1 or 3
Section 3 - Prohibited
USE
Abattoir
Amusement parlour
Brothel
Cinema based entertainment facility
Industry (other than Rural Industry)
Intensive animal husbandry
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Community market, Convenience shop, Hotel, Plant
nursery, Postal agency, Primary produce sales, Restaurant and Tavern)
Saleyard
Sawmill
Transport terminal
RURAL LIVING ZONE PAGE 4 of 6
USE
Warehouse (other than Store)
35.03-2 Use of land for a dwelling
A lot used for a dwelling must meet the following requirements:
Access to the dwelling must be provided via an all-weather road with dimensionsadequate to accommodate emergency vehicles.
The dwelling must be connected to a reticulated sewerage system or if not available,the waste water must be treated and retained on-site in accordance with the StateEnvironment Protection Policy (Waters of Victoria) under the EnvironmentProtection Act 1970.
The dwelling must be connected to a reticulated potable water supply or have analternative potable water supply with adequate storage for domestic use as well as forfire fighting purposes.
The dwelling must be connected to a reticulated electricity supply or have analternative energy source.
These requirements also apply to a dependent person’s unit.
35.03-3 Subdivision
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone. If noarea is specified, each lot must be at least 8 hectares.
A permit may be granted to create smaller lots if any of the following apply:
The subdivision is the re-subdivision of existing lots and the number of lots is notincreased. An agreement under Section 173 of the Act must be entered into with theowner of each lot created which ensures that the land may not be further subdividedso as to increase the number of lots. The agreement must be registered on title.
The number of lots is no more than the number the land could be subdivided into inaccordance with a schedule to this zone. An agreement under Section 173 of the Actmust be entered into with the owner of each lot created which ensures that the landmay not be further subdivided so as to increase the number of lots. The agreementmust be registered on title.
The subdivision is by a public authority or utility service provider to create a lot for autility installation.
35.03-4 Buildings and works
A permit is required to construct or carry out any of the following:
A building or works associated with a use in Section 2 of Clause 35.03-1. This doesnot apply to:
An alteration or extension to an existing dwelling provided the floor area of thealteration or extension is not more than the area specified in a schedule to thiszone or, if no area is specified, 50 square metres. Any area specified must be morethan 50 square metres.
An out-building associated with an existing dwelling provided the floor area ofthe out-building is not more than the area specified in a schedule to this zone or, ifno area is specified, 50 square metres. Any area specified must be more than 50square metres.
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RURAL LIVING ZONE PAGE 5 of 6
An alteration or extension to an existing building used for agriculture provided thefloor area of the alteration or extension is not more than the area specified in theschedule to this zone or, if no area is specified, 50 square metres. Any areaspecified must be more than 50 square metres. The building must not be used tokeep, board, breed or train animals.
A rainwater tank.
Earthworks specified in a schedule to this zone, if on land specified in a schedule.
A building which is within any of the following setbacks:
The setback from a Road Zone Category 1 or land in a Public Acquisition Overlayto be acquired for a road, Category 1 specified in the schedule to this zone or, ifno setback is specified, 30 metres.
The setback from any other road or boundary specified in the schedule to thiszone.
The distance from a dwelling not in the same ownership specified in the scheduleto this zone.
100 metres from a waterway, wetlands or designated flood plain.
35.03-5 Decision guidelines
Before deciding on an application to use or subdivide land, construct a building orconstruct or carry out works, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
General issues
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any Regional Catchment Strategy and associated plan applying to the land.
The capability of the land to accommodate the proposed use or development.
Whether the site is suitable for the use or development and whether the proposal iscompatible with adjoining and nearby land uses.
Agricultural issues
The capacity of the site to sustain the agricultural use.
Any integrated land management plan prepared for the site.
The potential for the future expansion of the use or development and the impact ofthis on adjoining and nearby agricultural and other land uses.
Environmental issues
The impact on the natural physical features and resources of the area and in particularany impact caused by the proposal on soil and water quality and by the emission ofnoise, dust and odours.
The impact of the use or development on the flora, fauna and landscape features ofthe locality.
The need to protect and enhance the biodiversity of the area, including the need toretain vegetation and faunal habitat and the need to revegetate land including riparianbuffers along waterways, gullies, ridgelines, property boundaries and saline dischargeand recharge area.
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RURAL LIVING ZONE PAGE 6 of 6
The location of on-site effluent disposal areas to minimise the impact of nutrientloads on waterways and native vegetation.
Design and siting issues
The impact of the siting, design, height, bulk, colours and materials to be used, on thenatural environment, major roads, vistas and water features and the measures to beundertaken to minimise any adverse impacts.
The impact on the character and appearance of the area or features of architectural,historic or scientific significance or of natural scenic beauty or importance.
The location and design of existing and proposed infrastructure including roads, gas,water, drainage, telecommunications and sewerage facilities.
Whether the use or development will require traffic management measures.
35.03-6 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MURRINDINDI PLANNING SCHEME
RURAL LIVING ZONE – SCHEDULE PAGE 1 OF 2
SCHEDULE TO THE RURAL LIVING ZONE
Shown on the planning scheme map as RLZ
Land Area/Dimensions/Distance
Minimum subdivision area(hectares).
Crown Allotment 19F,Parish of Alexandra, MtPleasant Road, Alexandra
Land bounded byWhittlesea – Yea Road,Whittlesea – KinglakeRoad, Nichols Road andPheasant Creek Road
All other land
1 hectare with a maximum of5 lots, generally inaccordance with tentativeplan of subdivision ref154888MADWP, AujardSurveying Pty Ltd, dated 28April 2005
2 hectares
4 hectares minimumsubdivision size with anaverage subdivision size of 6hectares
Minimum area for which nopermit is required to useland for a dwelling(hectares).
Land bounded byWhittlesea – Yea Road,Whittlesea – KinglakeRoad, Nicols Road andPheasant Creek Road
Parish of Flowerdale
All other land
2 hectares
8 hectares
100 hectares
Maximum floor area forwhich no permit is requiredto alter or extend anexisting dwelling (squaremetres).
All land 100 square metres
Maximum floor area forwhich no permit is requiredto construct an out-building associated with anexisting dwelling (squaremetres)
None specified
Maximum floor area forwhich no permit is required
None specified
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RURAL LIVING ZONE – SCHEDULE PAGE 2 OF 2
Land Area/Dimensions/Distance
to alter or extend anexisting building used foragriculture (square metres)
Minimum setback from aroad (metres).
All land 20 metres
Minimum setback from aboundary (metres).
All land 5 metres
Minimum setback from adwelling not in the sameownership (metres).
All land 100 metres
Permit requirement for
earthworks
Land
Earthworks which change the rateof flow or the discharge point ofwater across a property boundary.
All land
Earthworks which increase thedischarge of saline groundwater.
All land
RURAL CONSERVATION ZONE PAGE 1 OF 7
35.06 RURAL CONSERVATION ZONE
Shown on the planning scheme map as RCZ with a number (if shown).
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To conserve the values specified in the schedule to this zone.
To protect and enhance the natural environment and natural processes for their historic,archaeological and scientific interest, landscape, faunal habitat and cultural values.
To protect and enhance natural resources and the biodiversity of the area.
To encourage development and use of land which is consistent with sustainable landmanagement and land capability practices, and which takes into account the conservationvalues and environmental sensitivity of the locality.
To provide for agricultural use consistent with the conservation of environmental andlandscape values of the area.
To conserve and enhance the cultural significance and character of open rural and scenicnon urban landscapes.
35.06-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Animal keeping (other than Animal
boarding)
Must be no more than 2 animals.
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Bed and breakfast No more than 6 persons may beaccommodated away from their normal placeof residence.
At least 1 car parking space must be providedfor each 2 persons able to be accommodatedaway from their normal place of residence.
Carnival
Circus
Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Geothermal energy extraction Must meet the requirements of Clause 52.08-4
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation
Natural systems
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RURAL CONSERVATION ZONE PAGE 2 OF 7
USE CONDITION
Railway
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Tramway
Section 2 - Permit required
USE CONDITION
Agriculture (other than Animal keeping,
Apiculture, Intensive animal husbandry,
and Timber production)
Car park Must be used in conjunction with another usein Section 1 or 2.
Community market
Dependent person’s unit Must be the only dependent person’s unit onthe lot.
Must meet the requirements of Clause 35.06-2.
Dwelling (other than Bed and breakfast) Must be the only dwelling on the lot. Thisdoes not apply to the replacement of anexisting dwelling if the existing dwelling isremoved or altered (so it can no longer beused as a dwelling) within one month of theoccupation of the replacement dwelling.
Must meet the requirements of Clause 35.06-2.
Emergency services facility
Freezing and cool storage The goods stored must be agriculturalproduce, or products used in agriculture.
Group accommodation Must be used in conjunction with Agriculture,Rural industry, or Winery.
Must be no more than 6 dwellings.
The lot on which the use is conducted mustbe at least the minimum subdivision areaspecified in a schedule to this zone. If noarea is specified, the lot must be at least 40hectares. This condition only applies to landin Metropolitan Melbourne.
Host farm
Interpretation centre
Mineral, stone or soil extraction (other
than Mineral exploration, Geothermal
RURAL CONSERVATION ZONE PAGE 3 OF 7
USE CONDITION
energy extraction, Mining, and Search for
stone)
Plant nursery
Pleasure boat facility
Primary produce sales
Renewable energy facility (other than
Wind energy facility)
Must meet the requirements of Clause 52.42.
Residential hotel Must be used in conjunction with Agriculture,Rural industry, or Winery.
The number of bedrooms must not exceedthe number specified in a schedule to thezone or 80 bedrooms, whichever is the lesser.
The lot on which the use is conducted mustbe at least the minimum subdivision areaspecified in a schedule to this zone. If noarea is specified, the lot must be at least 40hectares. This condition only applies to landin Metropolitan Melbourne.
Restaurant Must be used in conjunction with Agriculture,Rural industry, or Winery.
The number of patrons present must notexceed the number specified in a schedule tothe zone or 150 patrons, whichever is thelesser.
The lot on which the use is conducted mustbe at least the minimum subdivision areaspecified in a schedule to this zone. If noarea is specified, the lot must be at least 40hectares. This condition only applies to landin Metropolitan Melbourne.
Rural industry (other than Abattoir and
Sawmill)
Rural store
Timber production Must meet the requirements of Clause 52.18.
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Wind energy facility Must meet the requirements of Clause 52.32.
Winery
RURAL CONSERVATION ZONE PAGE 4 OF 7
Section 3 - Prohibited
USE
Abattoir
Accommodation (other than Dependent person’s unit, Dwelling, Group
accommodation, Host farm, and Residential hotel)
Animal boarding
Industry (other than Rural industry)
Intensive animal husbandry
Leisure and recreation (other than Informal outdoor recreation)
Retail premises (other than Community market, Plant nursery, Primary produce
sales, and Restaurant)
Place of assembly (other than Carnival and Circus)
Sawmill
Warehouse (other than Freezing and cool storage, and Rural store)
Any other use not in Section 1 or 2
35.06-2 Use of land for a dwelling
A lot used for a dwelling must meet the following requirements:
Access to the dwelling must be provided via an all-weather road with dimensionsadequate to accommodate emergency vehicles.
The dwelling must be connected to a reticulated sewerage system or if not available,the waste water must be treated and retained on-site in accordance with the StateEnvironment Protection Policy (Waters of Victoria) under the EnvironmentProtection Act 1970.
The dwelling must be connected to a reticulated potable water supply or have analternative potable water supply with adequate storage for domestic use as well as forfire fighting purposes.
The dwelling must be connected to a reticulated electricity supply or have analternative energy source.
These requirements also apply to a dependent person’s unit.
35.06-3 Subdivision
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone. If noarea is specified, each lot must be at least 40 hectares.
A permit may be granted to create smaller lots if any of the following apply:
The subdivision is the re-subdivision of existing lots, the number of lots is notincreased, and the number of dwellings that the land could be used for does notincrease. An agreement under Section 173 of the Act must be entered into with theowner of each lot created which ensures that the land may not be further subdividedso as to increase the number of lots. The agreement must be registered on title. Therequirement to enter into an agreement only applies to a lot which could be furthersubdivided in accordance with this scheme.
The subdivision is by a public authority or utility service provider to create a lot for autility installation.
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35.06-4 Long term lease or licence for Accommodation
A permit is required to lease or license a portion of a lot for a period of more than 10years if the portion is to be leased or licensed for the purpose of Accommodation.
Each portion of a lot leased or licensed for the purpose of Accommodation must be atleast the area specified as the minimum subdivision area for the land in a schedule to thiszone. If no area is specified, each portion of a lot leased or licensed for the purpose ofAccommodation must be at least 40 hectares.
This provision only applies to land in Metropolitan Melbourne.
35.06-5 Buildings and works
A permit is required to construct or carry out any of the following:
A building or works associated with a use in Section 2 of Clause 35.06-1. This doesnot apply to:
An alteration or extension to an existing dwelling provided the floor area of thealteration or extension does not exceed the area specified in a schedule to thiszone or, if no area is specified, 50 square metres. Any area specified must be morethan 50 square metres.
An out-building associated with an existing dwelling provided the floor area ofthe out-building does not exceed the area specified in a schedule to this zone or, ifno area is specified, 50 square metres. Any area specified must be more than 50square metres.
An alteration or extension to an existing building used for agriculture provided thefloor area of the alteration of extension does not exceed the area specified in aschedule to this zone or, if no area is specified, 50 square metres. Any areaspecified must be more than 50 square metres. The building must not be used tokeep, board, breed or train animals.
A rainwater tank.
Earthworks specified in a schedule to this zone, if on land specified in a schedule.
A building which is within any of the following setbacks:
100 metres from a Road Zone Category 1 or land in a Public Acquisition Overlayto be acquired for a road, Category 1.
40 metres from a Road Zone Category 2 or land in a Public Acquisition Overlayto be acquired for a road, Category 2.
20 metres from any other road.
5 metres from any other boundary.
100 metres from a dwelling not in the same ownership.
100 metres from a waterway, wetlands or designated flood plain.
35.06-6 Decision guidelines
Before deciding on an application to use or subdivide land, lease or license a portion of alot for a period of more than 10 years if the portion is to be leased or licensed for thepurpose of Accommodation, construct a building or construct or carry out works, inaddition to the decision guidelines in Clause 65, the responsible authority must consider,as appropriate:
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RURAL CONSERVATION ZONE PAGE 6 OF 7
General issues
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any Regional Catchment Strategy and associated plan applying to the land.
The capability of the land to accommodate the proposed use or development.
How the use or development conserves the values identified for the land in theschedule.
Whether use or development protects and enhances the environmental, agriculturaland landscape qualities of the site and its surrounds.
Whether the site is suitable for the use or development and the compatibility of theproposal with adjoining land uses.
Rural issues
The environmental capacity of the site to sustain the rural enterprise.
The need to prepare an integrated land management plan.
The impact on the existing and proposed infrastructure.
Whether the use or development will have an adverse impact on surrounding landuses.
Environmental issues
An assessment of the likely environmental impact on the biodiversity and inparticular the flora and fauna of the area.
The protection and enhancement of the natural environment of the area, including theretention of vegetation and faunal habitats and the need to revegetate land includingriparian buffers along waterways, gullies, ridgelines, property boundaries and salinedischarge and recharge areas.
How the use and development relates to sustainable land management and the need toprepare an integrated land management plan which addresses the protection andenhancement of native vegetation and waterways, stabilisation of soil and pest plantand animal control.
The location of on site effluent disposal areas to minimise the impact of nutrient loadson waterways and native vegetation.
Design and siting issues
The need to minimise any adverse impacts of siting, design, height, bulk, and coloursand materials to be used, on landscape features, major roads and vistas.
The location and design of existing and proposed infrastructure services whichminimises the visual impact on the landscape.
The need to minimise adverse impacts on the character and appearance of the area orfeatures of archaeological, historic or scientific significance or of natural scenicbeauty or importance.
The location and design of roads and existing and proposed infrastructure services tominimise the visual impact on the landscape.
35.06-7 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 4.31/10/2006VC43
RURAL CONSERVATION ZONE PAGE 7 OF 7
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
MURRINDINDI PLANNING SCHEME
RURAL CONSERVATION ZONE – SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE RURAL CONSERVATION ZONE
Shown on the planning scheme map as RCZ.
Conservation Values
Preserve the water quality and visual amenity of Lake Eildon.
Protect the quality and amenity of small isolated parcels of private land surrounded bypublicly owned land.
Land Area/Dimensions/Number
Minimum subdivision area(hectares).
All land 5 hectares
Residential hotel(number of bedrooms).
None specified
Restaurant(number of patrons).
None specified
Maximum floor area forwhich no permit is requiredto alter or extend anexisting dwelling (squaremetres).
None specified
Maximum floor area forwhich no permit is requiredto construct an out-building associated with adwelling (square metres).
None specified
Maximum floor area forwhich no permit is requiredto alter or extend anexisting building used foragriculture (squaremetres).
None specified
Permit requirement for
earthworks
Land
Earthworks which change therate of flow or the dischargepoint of water across a propertyboundary.
All land
Earthworks which increase thedischarge of salinegroundwater.
All land
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FARMING ZONE PAGE 1 OF 7
35.07 FARMING ZONE
Shown on the planning scheme map as FZ with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, 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, particularly dwellings, do not adversely affect theuse of land for agriculture.
To encourage use and development of land based on comprehensive and sustainable landmanagement practices and infrastructure provision.
To protect and enhance natural resources and the biodiversity of the area.
35.07-1 Table of uses
Section 1 – Permit not required
USE CONDITION
Agriculture (other than Animal
keeping, Apiculture, Intensive
animal husbandry, Rice growing and
Timber production)
Animal keeping (other than Animal
boarding)
Must be no more than 5 animals.
Apiculture Must meet the requirements of the Apiary Codeof Practice, May 1997.
Bed and breakfast No more than 6 persons may beaccommodated away from their normal place ofresidence.
At least 1 car parking space must be providedfor each 2 persons able to be accommodatedaway from their normal place of residence.
Cattle feedlot Must meet the requirements of Clause 52.26.
The total number of cattle to be housed in thecattle feedlot must be 1000 or less.
The site must be located outside a specialwater supply catchment under the Catchmentand Land Protection Act 1994.
The site must be located outside a catchmentarea listed in Appendix 2 of the Victorian Codefor Cattle Feedlots – August 1995.
Carnival
Circus
Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
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FARMING ZONE PAGE 2 OF 7
USE CONDITION
Dependent person’s unit Must be the only dependent person’s unit onthe lot.
Must meet the requirements of Clause 35.07-2.
Dwelling (other than Bed and
breakfast)
Must be the only dwelling on the lot.
The lot must be at least the area specified in aschedule to this zone. If no area is specified,the lot must be at least 40 hectares.
Must meet the requirements of Clause 35.07-2.
Geothermal energy extraction Must meet the requirements of Clause 52.08-4
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation
Natural systems
Railway
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19.
Timber production Must meet the requirements of Clause 52.18.
The plantation area must not exceed any areaspecified in a schedule to this zone. Any areaspecified must be at least 40 hectares.
The total plantation area (existing andproposed) on contiguous land which was in thesame ownership on or after 28 October 1993must not exceed any scheduled area.
The plantation must not be within 100 metresof:
Any dwelling in separate ownership.
Any land zoned for residential, business orindustrial use.
Any site specified on a permit which is inforce which permits a dwelling to beconstructed.
The plantation must not be within 20 metres ofa powerline whether on private or public land,except with the consent of the relevantelectricity supply or distribution authority.
Tramway
FARMING ZONE PAGE 3 OF 7
Section 2 – Permit required
USE CONDITION
Animal boarding
Broiler farm Must meet the requirements of Clause 52.31.
Car park Must be used in conjunction with another use inSection 1 or 2.
Cattle feedlot – if the Section 1
condition is not met
Must meet the requirements of Clause 52.26.
The site must be located outside a catchmentarea listed in Appendix 2 of the Victorian Codefor Cattle Feedlots – August 1995.
Cemetery
Community market
Crematorium
Dependent person’s unit – if the
Section 1 condition is not met
Dwelling (other than Bed and
breakfast) – if the Section 1 condition
is not met
Must meet the requirements of Clause 35.07-2.
Emergency services facility
Freeway service centre Must meet the requirements of Clause 52.30.
Freezing and cool storage
Group accommodation Must be used in conjunction with Agriculture,Outdoor recreation facility, Rural industry, orWinery.
Must be no more than 6 dwellings.
Host farm
Intensive animal husbandry (other than
Broiler farm and Cattle feedlot)
Interpretation centre
Leisure and recreation (other than
Informal outdoor recreation and
Motor racing track)
Manufacturing sales
Mineral, stone, or soil extraction (other
than Mineral exploration, Geothermal
energy extraction, Mining, and
Search for stone)
Place of assembly (other than Carnival
and Circus)
Must not be used for more than 10 days in acalender year.
Primary produce sales
Renewable energy facility (other than
Wind energy facility)
Must meet the requirements of Clause 52.42.
Residential hotel
Restaurant
Must be used in conjunction with Agriculture,Outdoor recreation facility, Rural industry, orWinery.
Rice growing
FARMING ZONE PAGE 4 OF 7
USE CONDITION
Rural industry
Rural store
Saleyard
Store (other than Freezing and cool
storage and Rural store)
Must be in a building, not a dwelling, and usedto store equipment, goods, or motor vehiclesused in conjunction with the occupation of aresident of a dwelling on the lot.
Timber production – if the Section 1
condition is not met
Must meet the requirements of Clause 52.18.
Utility installation (other than Minor
utility installation and
Telecommunications facility)
Veterinary centre
Wind energy facility Must meet the requirements of Clause 52.32.
Winery
Section 3 - Prohibited
USE
Accommodation (other than Dependent person’s unit, Dwelling, Group
accommodation, Host farm and Residential hotel)
Industry (other than Rural industry)
Motor racing track
Retail premises (other than Community market, Manufacturing sales, Primary
produce sales and Restaurant)
Warehouse (other than Store)
Any other use not in Section 1 or 2
35.07-2 Use of land for a dwelling
A lot used for a dwelling must meet the following requirements:
Access to the dwelling must be provided via an all-weather road with dimensionsadequate to accommodate emergency vehicles.
The dwelling must be connected to a reticulated sewerage system or if not available,the waste water must be treated and retained on-site in accordance with the StateEnvironment Protection Policy (Waters of Victoria) under the EnvironmentProtection Act 1970.
The dwelling must be connected to a reticulated potable water supply or have analternative potable water supply with adequate storage for domestic use as well as forfire fighting purposes.
The dwelling must be connected to a reticulated electricity supply or have analternative energy source.
These requirements also apply to a dependent person’s unit.
35.07-3 Subdivision
A permit is required to subdivide land.
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Each lot must be at least the area specified for the land in a schedule to this zone. If noarea is specified, each lot must be at least 40 hectares.
A permit may be granted to create smaller lots if any of the following apply:
The subdivision is to create a lot for an existing dwelling. The subdivision must be atwo lot subdivision. An agreement under Section 173 of the Act must be entered intowith the owner of each lot created which ensures that the land may not be furthersubdivided so as to create a smaller lot for an existing dwelling. The agreement mustbe registered on title.
The subdivision is the re-subdivision of existing lots and the number of lots is notincreased. An agreement under Section 173 of the Act must be entered into with theowner of each lot created which ensures that the land may not be further subdividedso as to increase the number of lots. The agreement must be registered on title.
The subdivision is by a public authority or utility service provider to create a lot for autility installation.
35.07-4 Buildings and works
A permit is required to construct or carry out any of the following:
A building or works associated with a use in Section 2 of Clause 35.07-1. This doesnot apply to:
An alteration or extension to an existing dwelling provided the floor area of thealteration or extension is not more than the area specified in a schedule to thiszone or, if no area is specified, 50 square metres. Any area specified must be morethan 50 square metres.
An out-building associated with an existing dwelling provided the floor area ofthe out-building is not more than the area specified in a schedule to this zone or, ifno area is specified, 50 square metres. Any area specified must be more than 50square metres.
An alteration or extension to an existing building used for agriculture provided thefloor area of the alteration or extension is not more than the area specified in theschedule to this zone or, if no area is specified, 100 square metres. Any areaspecified must be more than 100 square metres. The building must not be used tokeep, board, breed or train animals.
A rainwater tank.
Earthworks specified in a schedule to this zone, if on land specified in a schedule.
A building which is within any of the following setbacks:
The setback from a Road Zone Category 1 or land in a Public Acquisition Overlayto be acquired for a road, Category 1 specified in a schedule to this zone or, if nosetback is specified, 50 metres.
The setback from any other road or boundary specified in a schedule to this zone.
The setback from a dwelling not in the same ownership specified in a schedule tothis zone.
100 metres from a waterway, wetlands or designated flood plain.
35.07-5 Application requirements for dwellings
An application to use a lot for a dwelling must be accompanied by a written statementwhich explains how the proposed dwelling responds to the decision guidelines fordwellings in the zone.
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35.07-6 Decision guidelines
Before deciding on an application to use or subdivide land, construct a building orconstruct or carry out works, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
General issues
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any Regional Catchment Strategy and associated plan applying to the land.
The capability of the land to accommodate the proposed use or development,including the disposal of effluent.
How the use or development relates to sustainable land management.
Whether the site is suitable for the use or development and whether the proposal iscompatible with adjoining and nearby land uses.
Agricultural issues
Whether the use or development will support and enhance agricultural production.
Whether the use or development will permanently remove land from agriculturalproduction.
The potential for the use or development to limit the operation and expansion ofadjoining and nearby agricultural uses.
The capacity of the site to sustain the agricultural use.
The agricultural qualities of the land, such as soil quality, access to water and accessto rural infrastructure.
Any integrated land management plan prepared for the site.
Dwelling issues
Whether the dwelling will result in the loss or fragmentation of productiveagricultural land.
Whether the dwelling is reasonably required for the operation of the agriculturalactivity conducted on the land.
Whether the dwelling will be adversely affected by agricultural activities on adjacentand nearby land due to dust, noise, odour, use of chemicals and farm machinery,traffic and hours of operation.
Whether the dwelling will adversely affect the operation and expansion of adjoiningand nearby agricultural uses.
The potential for the proposal to lead to a concentration or proliferation of dwellingsin the area and the impact of this on the use of the land for agriculture.
Environmental issues
The impact of the proposal on the natural physical features and resources of the area,in particular on soil and water quality.
The impact of the use or development on the flora and fauna on the site and itssurrounds.
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The need to protect and enhance the biodiversity of the area, including the retentionof vegetation and faunal habitat and the need to revegetate land including riparianbuffers along waterways, gullies, ridgelines, property boundaries and saline dischargeand recharge area.
The location of on-site effluent disposal areas to minimise the impact of nutrientloads on waterways and native vegetation.
Design and siting issues
The need to locate buildings in one area to avoid any adverse impacts on surroundingagricultural uses and to minimise the loss of productive agricultural land.
The impact of the siting, design, height, bulk, colours and materials to be used, on thenatural environment, major roads, vistas and water features and the measures to beundertaken to minimise any adverse impacts.
The impact on the character and appearance of the area or features of architectural,historic or scientific significance or of natural scenic beauty or importance.
The location and design of existing and proposed infrastructure including roads, gas,water, drainage, telecommunications and sewerage facilities.
Whether the use and development will require traffic management measures.
35.07-7 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 4.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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SCHEDULE TO THE FARMING ZONE
Shown on the planning scheme map as FZ
Land Area/Dimensions/Distance
Minimum subdivision area(hectares).
All land 40 hectares
Minimum area for which nopermit is required to useland for a dwelling(hectares).
All land 40 hectares
Maximum area for whichno permit is required touse land for timberproduction (hectares).
None specified
Maximum floor area forwhich no permit is requiredto alter or extend anexisting dwelling (squaremetres).
None specified
Maximum floor area forwhich no permit is requiredto construct an out-buildingassociated with a dwelling(square metres)
None specified
Maximum floor area forwhich no permit is requiredto alter or extend anexisting building used foragriculture (squaremetres).
None specified
Minimum setback from aroad (metres).
Road Zone Category 1 100 metres
Land in a PublicAcquisition Overlay to beacquired for a road,Category 1
100 metres
Road Zone Category 2 40 metres
Land in a PublicAcquisition Overlay to beacquired for a road,Category 2
40 metres
For any other road 20 metres
Minimum setback from aboundary (metres).
All land 5 metres
Minimum setback from adwelling not in the sameownership (metres).
All land 100 metres
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Permit requirement for
earthworks
Land
Earthworks which change therate of flow or the discharge pointof water across a propertyboundary.
All land
Earthworks which increase thedischarge of saline groundwater.
All land
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36.01 PUBLIC USE ZONE
Shown on the planning scheme map as PUZ with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To recognise public land use for public utility and community services and facilities.
To provide for associated uses that are consistent with the intent of the public landreservation or purpose.
36.01-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Carnival Must meet the requirements of ‘A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Circus Must meet the requirements of ‘A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Mineral exploration
Mining Must meet the requirements of Clause52.08-2.
Natural systems
Railway
Railway station The total leasable floor area for the sellingof food, drink and other convenience goodsand services must not exceed 50 squaremetres.
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19
Tramway
Any other use The use must be for the purpose describedin the table to Clause 36.01-6 whichcorresponds to the notation on the planningscheme map.
The use must be carried out by or on behalfof the public land manager.
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Section 2 - Permit required
USE CONDITION
Section 3 - Prohibited
USE
Nil
36.01-2 Permit requirement
A permit is required to:
Construct a building or construct or carry out works for any use in Section 2 of Clause36.01-1. This does not apply to navigational beacons and aids.
Subdivide land.
36.01-3 Application requirements
An application for a permit by a person other than the relevant public land manager must beaccompanied by the written consent of the public land manager, indicating that the publicland manager consents generally or conditionally either:
To the application for permit being made.
To the application for permit being made and to the proposed use or development.
36.01-4 Decision guidelines
Before deciding on an application to use or subdivide land, construct a building or constructor carry out works, in addition to the decision guidelines in Clause 65, the responsibleauthority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The comments of any Minister or public land manager having responsibility for the careor management of the land or adjacent land.
Whether the development is appropriately located and designed, including in accordancewith any relevant use, design or siting guidelines.
36.01-5 Permit not required
A permit is not required to use land, or to construct a building or construct or carry outworks on land, listed in a schedule to this zone, provided any condition in the schedule iscomplied with.
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36.01-6 Table of public land use
SHOWN ON THE PLANNING SCHEME MAP PURPOSE OF PUBLIC LAND USE
PUZ1 Service & Utility
PUZ2 Education
PUZ3 Health & Community
PUZ4 Transport
PUZ5 Cemetery/Crematorium
PUZ6 Local Government
PUZ7 Other public use
36.01-7 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone, except for the PUZ4(Transport), is in Category 4 unless a different requirement is specified in the schedule tothis zone.
For land within the PUZ4 (Transport), the category of advertising control which applies isthe category which applies to the adjoining zone nearest to the land. If land is equidistantfrom two or more adjoining zones, the least restrictive category applies.
Where the Road Zone is the nearest adjoining zone, a permit is required to display a sign.
Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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SCHEDULE TO THE PUBLIC USE ZONE
Public land Use or development Conditions
All land In accordance with anyapproved management planadopted by the responsibleauthority or the Departmentof Natural Resources andEnvironment
None specified
Land Advertising Sign Category
None specified None specified
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36.02 PUBLIC PARK AND RECREATION ZONE
Shown on the planning scheme map as PPRZ.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To recognise areas for public recreation and open space.
To protect and conserve areas of significance where appropriate.
To provide for commercial uses where appropriate.
36.02-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Carnival Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Circus Must meet the requirements of A ‘GoodNeighbour’ Code of Practice for a Circus orCarnival, October 1997.
Mineral exploration
Mining Must meet the requirements of Clause52.08-2.
Informal outdoor recreation
Natural systems
Open sports ground Must be conducted by or on behalf of thepublic land manager.
Must not be on coastal Crown land underthe Coastal Management Act 1995.
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19
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USE CONDITION
Contractor’s depotHeliportOfficeRetail premisesStoreAny other use not in Section 3
Must be either of the following:
• A use conducted by or on behalf of apublic land manager or Parks Victoriaunder the relevant provisions of theLocal Government Act 1989, theReference Areas Act 1978, the NationalParks Act 1975, the Fisheries Act 1995,the Wildlife Act 1975, the Forest Act1958, the Water Industry Act 1994, theWater Act 1989, the Marine Act 1988,the Port of Melbourne Authority Act1958, or the Crown Land (Reserves) Act1978.
• A use specified in an Incorporated planin a schedule to this zone.
Section 2 - Permit required
USE CONDITION
Contractor’s depot - if the Section 1condition is not met
Must be associated with the public land use.
Heliport - if the Section 1 condition is notmet
Must be associated with the public land use.
Office - if the Section 1 condition is notmet
Must be associated with the public land use.
Retail premises - if the Section 1condition is not met
Must be associated with the public land use.
Store - if the Section 1 condition is notmet
Must be associated with the public land use.
Section 3 - Prohibited
USE
Brothel
Cinema based entertainment facility
Corrective institution
Display home
Funeral parlour
Industry
Saleyard
Transport terminal (other than Heliport)
Veterinary centre
Warehouse (other than Store)
PUBLIC PARK AND RECREATION ZONE PAGE 3 OF 4
36.02-2 Permit requirement
A permit is required to:
Construct a building or construct or carry out works. This does not apply to:
Pathways, trails, seating, picnic tables, drinking taps, shelters, barbeques, rubbishbins, security lighting, irrigation, drainage or underground infrastructure.
Playground equipment or sporting equipment, provided these facilities do notoccupy more than 10 square metres of parkland.
Navigational beacons and aids.
Planting or landscaping.
Fencing that is 1 metre or less in height above ground level.
A building or works shown in an Incorporated plan which applies to the land.
A building or works carried out by or on behalf of a public land manager or ParksVictoria under the Local Government Act 1989, the Reference Areas Act 1978, theNational Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the ForestAct 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988,the Port of Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978.
Subdivide land.
36.02-3 Application requirements
An application for a permit by a person other than the relevant public land manager mustbe accompanied by the written consent of the public land manager, indicating that thepublic land manager consents generally or conditionally either:
To the application for permit being made.
To the application for permit being made and to the proposed use or development.
36.02-4 Exemption from notice and review
An application to subdivide land which is consistent with an Incorporated plan is exemptfrom the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements ofSection 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
36.02-5 Decision guidelines
Before deciding on an application to use or subdivide land, construct a building orconstruct or carry out works, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The comments of any public land manager or other relevant land manager havingresponsibility for the care or management of the land or adjacent land.
Whether the development is appropriately located and designed, including inaccordance with any relevant use, design or siting guidelines.
36.02-6 Incorporated plan
An Incorporated plan is a plan which shows the way the land is to be used and developed.An Incorporated plan may include the following information:
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Recognition of existing use and how the area is to be developed.
The building envelope of any proposed buildings.
Details of any proposed buildings or works.
The location of pedestrian or vehicle access points or car parking areas.
The location of any areas for specific uses or a schedule of specific uses which areallowed without permit.
Topographic details including any proposed cut and fill.
The location of existing and proposed features.
The location of existing native and other vegetation and any proposed landscapingworks or areas of vegetation to be added or removed.
The identification of sites of flora or fauna significance (including, in particular, anypotentially threatened species or significant habitat) or other places of cultural heritageor scientific value.
The Incorporated plan must be consistent with the intent of the public land reservationunder any Act and make reference to relevant policies and guidelines.
An Incorporated plan may be prepared in parts or stages.
36.02-7 Use and development of land identified in a schedule
Land identified in a schedule to this zone may be used and developed in accordance withthe schedule or the specific controls contained in an incorporated document correspondingto the land, provided any condition in the schedule or incorporated document is compliedwith.
36.02-8 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 4 unless adifferent requirement is specified in the schedule to this zone.
Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of the land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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SCHEDULE TO THE PUBLIC PARK AND RECREATION ZONE
Public land Use or development Conditions
All land In accordance with anyapproved management planadopted by the responsibleauthority or the Departmentof Natural Resources andEnvironment
None specified
Land Advertising Sign Category
None specified None specified
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36.03 PUBLIC CONSERVATION AND RESOURCE ZONE
Shown on the planning scheme map as PCRZ.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To protect and conserve the natural environment and natural processes for their historic,scientific, landscape, habitat or cultural values.
To provide facilities which assist in public education and interpretation of the naturalenvironment with minimal degradation of the natural environment or natural processes.
To provide for appropriate resource based uses.
36.03-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Boat launching facility
Camping and caravan park
Caretaker’s house
Car park
Informal outdoor recreation
Interpretation centre
Jetty
Kiosk
Marine dredging
Must be either of the following:
A use conducted by or on behalf of apublic land manager or Parks Victoriaunder the relevant provisions of the LocalGovernment Act 1989, the ReferenceAreas Act 1978, the National Parks Act1975, the Fisheries Act 1995, the WildlifeAct 1975, the Forest Act 1958, the WaterIndustry Act 1994, the Water Act 1989,the Marine Act 1988, the Port ofMelbourne Authority Act 1958 or theCrown Land (Reserves) Act 1978.
Specified in an Incorporated plan in aschedule to this zone.
Mineral exploration
Mineral, stone or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)
Must be either of the following:
A use conducted by or on behalf of apublic land manager or Parks Victoriaunder the relevant provisions of the LocalGovernment Act 1989, the ReferenceAreas Act 1978, the National Parks Act1975, the Fisheries Act 1995, the WildlifeAct 1975, the Forest Act 1958, the WaterIndustry Act 1994, the Water Act 1989,the Marine Act 1988, the Port ofMelbourne Authority Act 1958 or theCrown Land (Reserves) Act 1978.
Specified in an Incorporated plan in aschedule to this zone.
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USE CONDITION
Mining Must meet the requirements of Clause 52.08-2.
Mooring pole Must be either of the following:
A use conducted by or on behalf of apublic land manager or Parks Victoriaunder the relevant provisions of the LocalGovernment Act 1989, the ReferenceAreas Act 1978, the National Parks Act1975, the Fisheries Act 1995, the WildlifeAct 1975, the Forest Act 1958, the WaterIndustry Act 1994, the Water Act 1989,the Marine Act 1988, the Port ofMelbourne Authority Act 1958 or theCrown Land (Reserves) Act 1978.
Specified in an Incorporated plan in aschedule to this zone.
Natural systems
Open sports ground
Pier
Pontoon
Road
Must be either of the following:
A use conducted by or on behalf of apublic land manager or Parks Victoriaunder the relevant provisions of the LocalGovernment Act 1989, the ReferenceAreas Act 1978, the National Parks Act1975, the Fisheries Act 1995, the WildlifeAct 1975, the Forest Act 1958, the WaterIndustry Act 1994, the Water Act 1989,the Marine Act 1988, the Port ofMelbourne Authority Act 1958 or theCrown Land (Reserves) Act 1978.
Specified in an Incorporated plan in aschedule to this zone.
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19
Utility installation (other than
Telecommunications facility)
Must be either of the following:
A use conducted by or on behalf of apublic land manager or Parks Victoriaunder the relevant provisions of the LocalGovernment Act 1989, the ReferenceAreas Act 1978, the National Parks Act1975, the Fisheries Act 1995, the WildlifeAct 1975, the Forest Act 1958, the WaterIndustry Act 1994, the Water Act 1989,the Marine Act 1988, the Port ofMelbourne Authority Act 1958 or theCrown Land (Reserves) Act 1978.
Specified in an Incorporated plan in aschedule to this zone.
PUBLIC CONSERVATION AND RESOURCE ZONE PAGE 3 OF 5
USE CONDITION
Any other use not in Section 2 or 3 Must be a use conducted by or on behalf of apublic land manager or Parks Victoria underthe relevant provisions of the LocalGovernment Act 1989, the Reference AreasAct 1978, the National Parks Act 1975, theFisheries Act 1995, the Wildlife Act 1975, theForest Act 1958, the Water Industry Act 1994,the Water Act 1989, the Marine Act 1988, thePort of Melbourne Authority Act 1958 or theCrown Land (Reserves) Act 1978.
Section 2 - Permit required
USE CONDITION
Renewable energy facility (other than
Wind energy facility)
Must not be located on land reservedunder the National Parks Act 1975.
Must meet the requirements of Clause52.42.
Wind energy facility Must not be located on land reservedunder the National Parks Act 1975.
Must meet the requirements of Clause52.32.
Section 3 - Prohibited
USE
The use in Section 1 described as ‘Any
other use not in Section 2 or 3’ – if the
Section 1 condition is not met
36.03-2 Permit requirement
A permit is required to:
Construct a building or construct or carry out works. This does not apply to:
Planting or landscaping.
A building or works shown in an Incorporated plan which applies to the land.
A building or works carried out by or on behalf of a public land manager or ParksVictoria under the Local Government Act 1989, the Reference Areas Act 1978, theNational Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the ForestAct 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988,the Port of Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978.
Subdivide land.
36.03-3 Application requirements
An application for a permit by a person other than the relevant public land manager must beaccompanied by the written consent of the public land manager, indicating that the publicland manager consents generally or conditionally either:
To the application for permit being made.
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To the application for permit being made and to the proposed use or development.
36.03-4 Exemption from notice and review
An application to subdivide land which is consistent with an Incorporated plan is exemptfrom the notice requirements of Section 52(1) (a), (b), and (d), the decision requirements ofSections 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
36.03-5 Decision guidelines
Before deciding on an application to use or subdivide land, construct a building or constructor carry out works, in addition to the decision guidelines in Clause 65, the responsibleauthority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The comments of any public land manager or other relevant land manager havingresponsibility for the care or management of the land or adjacent land.
Whether the development is appropriately located and designed, including in accordancewith any relevant use, design or siting guidelines.
36.03-6 Incorporated plan
An Incorporated plan is a plan which shows the way the land is to be used and developed.An Incorporated plan may include the following information:
Recognition of existing use and how the area is to be developed.
The building envelope of any proposed buildings.
Details of proposed buildings or works.
The location of pedestrian or vehicle access points or car parking areas.
The location of any areas for specific uses and a schedule of specific uses which areallowed without permit.
Topographic details including any proposed cut and fill.
The location of existing and proposed features.
The location of existing native or other vegetation and any proposed landscaping worksor areas of vegetation to be added or removed.
The identification of sites of flora or fauna significance (including, in particular, anypotentially threatened species or significant habitat) or other places of cultural, heritageor scientific value.
The Incorporated plan must be consistent with the intent of the public land reservationunder any Act and make reference to relevant policies and guidelines.
An Incorporated plan may be prepared in parts or stages.
36.03-7 Use and development of land identified in a schedule
Land identified in a schedule to this zone may be used and developed in accordance withthe schedule or the specific controls contained in an incorporated document correspondingto the land, provided any condition in the schedule or incorporated document is compliedwith.
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36.03-8 Advertising signs
Advertising sign controls are at Clause 52.05. This zone is in Category 4 unless a differentrequirement is specified in the schedule to this zone.
Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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PUBLIC CONSERVATION AND RESOURCE ZONE - SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE PUBLIC CONSERVATION AND RESOURCE ZONE
Public land Use or development Conditions
All land In accordance with anyapproved management planadopted by the responsibleauthority or the Departmentof Natural Resources andEnvironment
None specified
Land Advertising Sign Category
None specified None specified
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ROAD ZONE PAGE 1 OF 2
36.04 ROAD ZONE
Shown on the planning scheme map as RDZ1 for a Category 1 road and RDZ2 for aCategory 2 road.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify significant existing roads.
To identify land which has been acquired for a significant proposed road.
36.04-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation
Natural systems
Railway
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19
Tramway
Section 2 - Permit required
USE CONDITION
Mineral, stone or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Any other use not in Section 1 or 3
Section 3 - Prohibited
USE
Nil
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ROAD ZONE PAGE 2 OF 2
36.04-2 Permit requirement
A permit is required to:
Construct a building or construct or carry out works for a use in Section 2 of Clause36.04-1.
Subdivide land.
36.04-3 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The views of the relevant road authority.
The effect of the proposal on the operation of the road and on public safety.
36.04-4 Advertising signs
Advertising sign controls are at Clause 52.05. A permit is required to display a sign overthe road formation or over land within 600 millimetres of the road formation. For otherland in this zone, the category of advertising control which applies is the category whichapplies to the adjoining zone nearest to the land. If land is equidistant from two or moreadjoining zones, the least restrictive category applies.
Where the Public Use Zone 4 is the nearest adjoining zone, a permit is required to display asign.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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SPECIAL USE ZONE PAGE 1 OF 1
37 SPECIAL PURPOSE ZONES19/01/2006VC37
SPECIAL USE ZONE PAGE 1 OF 3
37.01 SPECIAL USE ZONE
Shown on the planning scheme map as SUZ with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To recognise or provide for the use and development of land for specific purposes asidentified in a schedule in this zone.
37.01-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Any use in Section 1 of the schedule tothis zone
Must comply with any condition in Section 1 ofthe schedule to this zone
Section 2 - Permit required
USE CONDITION
Any use in Section 2 of the schedule tothis zone
Must comply with any condition in Section 2 ofthe schedule to this zone.
Any other use not in Section 1 or 3 of theschedule to this zone
Section 3 - Prohibited
USE
Any use in Section 3 of the schedule to this zone
37.01-2 Use of land
Any requirement in the schedule to this zone must be met.
Application requirements
An application to use land must be accompanied by any information specified in theschedule to this zone.
Exemption from notice and review
The schedule to this zone may specify that an application is exempt from the noticerequirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),(2) and (3) and the review rights of Section 82(1) of the Act.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
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SPECIAL USE ZONE PAGE 2 OF 3
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any guidelines in the schedule to this zone.
37.01-3 Subdivision
Permit requirement
A permit is required to subdivide land.
Any requirement in the schedule to this zone must be met.
Application requirements
An application to subdivide land must be accompanied by any information specified in theschedule to this zone.
Exemption from notice and review
The schedule to this zone may specify that an application is exempt from the noticerequirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),(2) and (3) and the review rights of Section 82(1) of the Act.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any guidelines in the schedule to this zone.
37.01-4 Buildings and works
Permit requirement
A permit is required to construct a building or construct or carry out works unless theschedule to this zone specifies otherwise.
Any requirement in the schedule to this zone must be met.
Application requirements
An application to construct a building or construct or carry out works must be accompaniedby any information specified in the schedule to this zone.
Exemption from notice and review
The schedule to this zone may specify that an application is exempt from the noticerequirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),(2) and (3) and the review rights of Section 82(1) of the Act.
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SPECIAL USE ZONE PAGE 3 OF 3
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any guidelines in the schedule to this zone.
37.01-5 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 3 unless aschedule to this zone specifies a different category.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MURRINDINDI PLANNING SCHEME
SPECIAL USE ZONE – SCHEDULE 1 PAGE 1 OF 1
SCHEDULE 1 TO THE SPECIAL USE ZONE
Shown on the planning scheme map as SUZ1
EILDON SWITCHYARD
Purpose
To provide for the use and development of the land as a switchyard for electricity supply.
1.0 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary Code of Practice, May 1997.
Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Search for stone Must not be costeaning or bulk sampling.
Industry Must be used for the generation of electricity.
Minor utility installation Must be used for the transmission or distribution of electricity.
Utility installation Must be used for the transmission or distribution of electricity.
Section 2 - Permit required
USE CONDITION
Section 3 - Prohibited
USE
Any use not in Section 1 or 2
2.0 Buildings and works
No permit is required to construct a building or carry out works for a Section 1 use.
A permit is required to construct a building or carry out works for a Section 2 use, that is a Section 1 use where the condition is not met.
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URBAN FLOODWAY ZONE PAGE 1 OF 4
37.03 URBAN FLOODWAY ZONE
Shown on the planning scheme map as UFZ.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify waterways, major floodpaths, drainage depressions and high hazard areaswithin urban areas which have the greatest risk and frequency of being affected byflooding.
To ensure that any development maintains the free passage and temporary storage offloodwater, minimises flood damage and is compatible with flood hazard, local drainageconditions and the minimisation of soil erosion, sedimentation and silting.
To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989.
To protect water quality and waterways as natural resources in accordance with theprovisions of relevant State Environment Protection Policies, and particularly in accordancewith Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).
37.03-1 Table of uses
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the ApiaryCode of Practice, May 1997.
Extensive animal husbandry
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause52.08-2.
Natural systems
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet therequirements of Clause 52.19
Section 2 - Permit required
USE CONDITION
Agriculture (other than Apiculture and
Extensive animal husbandry)
Leisure and recreation (other than Informal
outdoor recreation, Indoor recreation
facility, and Motor racing track)
Mineral, stone or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)
Road
Utility installation (other than
Telecommunications facility)
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URBAN FLOODWAY ZONE PAGE 2 OF 4
Section 3 - Prohibited
USE
Indoor recreation facility
Motor racing track
Any other use not in Section 1 or 2
37.03-2 Buildings and works
A permit is required to construct a building or construct or carry out works, including:
A fence.
Roadworks.
Bicycle pathways and trails.
Public toilets.
A domestic swimming pool or spa and associated mechanical and safety equipment ifassociated with one dwelling on a lot.
A pergola or verandah, including an open-sided pergola or verandah to a dwelling witha finished floor level not more than 800mm above ground level and a maximumbuilding height of 3 metres above ground level.
A deck, including a deck to a dwelling with a finished floor level not more than 800mmabove ground level.
A non-domestic disabled access ramp.
This does not apply to:
Flood mitigation works carried out by the responsible authority or floodplainmanagement authority.
The following works in accordance with plans prepared to the satisfaction of theresponsible authority:
The laying of underground sewerage, water and gas mains, oil pipelines,underground telephone lines and underground power lines provided they do not alterthe topography of the land.
The erection of telephone or power lines provided they do not involve theconstruction of towers or poles.
Post and wire and post and rail fencing.
37.03-3 Subdivision
A permit is required to subdivide land. A permit may only be granted to subdivide land ifthe following apply:
The subdivision does not create any new lots, which are entirely within this zone. Thisdoes not apply if the subdivision creates a lot, which by agreement between the ownerand the relevant floodplain management authority, is to be transferred to an authority fora public purpose.
The subdivision is the resubdivision of existing lots and the number of lots is notincreased, unless a local floodplain development plan incorporated into this schemespecifically provides otherwise.
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URBAN FLOODWAY ZONE PAGE 3 OF 4
37.03-4 Application requirements
Local floodplain development plan
If a local floodplain development plan has been developed for the area and has beenincorporated into this scheme, an application must be consistent with the plan.
Flood risk report
If a local floodplain development plan for the area has not been incorporated into thisscheme, an application must be accompanied by a flood risk report to the satisfaction of theresponsible authority. The flood risk report must consider the following, where applicable:
The existing use and development of the land.
Whether the proposed use or development could be located on flood-free land or landwith a lesser flood hazard outside this zone.
The susceptibility of the development to flooding and flood damage.
The potential flood risk to life, health and safety associated with the development.Flood risk factors to consider include:
The frequency, duration, extent, depth and velocity of flooding of the site andaccessway.
The flood warning time available.
The danger to the occupants of the development, other floodplain residents andemergency personnel if the site or accessway is flooded.
The effect of the development on redirecting or obstructing floodwater, stormwater ordrainage water and the effect of the development on reducing flood storage andincreasing flood levels and flow velocities.
The effects of the development on environmental values such as natural habitat, streamstability, erosion, water quality and sites of scientific significance.
37.03-5 Referral of applications
An application must be referred to the relevant floodplain management authority underSection 55 of the Act unless in the opinion of the responsible authority the proposalsatisfies requirements or conditions previously agreed in writing between the responsibleauthority and the floodplain management authority.
37.03-6 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The local floodplain development plan or flood risk report.
Any comments of the relevant floodplain management authority.
37.03-7 Advertising signs
Advertising sign requirements are at Clause 52.05. This zone is in Category 4 unless aschedule to this zone specifies a different category.
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Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
Overlays
Overlays
OVERLAYS – CLAUSE 40 PAGE 1 OF 1
40 OVERLAYS
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OPERATION OF OVERLAYS PAGE 1 OF 1
41 OPERATION OF OVERLAYS
If an overlay is shown on the planning scheme map, the provisions of the overlay applyin addition to the provisions of the zone and any other provision of this scheme.
Because a permit can be granted does not imply that a permit should or will be granted.The responsible authority must decide whether the proposal will produce acceptableoutcomes in terms of the State Planning Policy Framework, the Local Planning PolicyFramework, the purpose and decision guidelines of the overlay and any of the otherdecision guidelines in Clause 65.
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ENVIRONMENTAL AND LANDSCAPE OVERLAYS PAGE 1 OF 1
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ENVIRONMENTAL SIGNIFICANCE OVERLAY PAGE 1 OF 4
42.01 ENVIRONMENTAL SIGNIFICANCE OVERLAY
Shown on the planning scheme map as ESO with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify areas where the development of land may be affected by environmentalconstraints.
To ensure that development is compatible with identified environmental values.
42.01-1 Environmental significance and objective
A schedule to this overlay must contain:
A statement of environmental significance.
The environmental objective to be achieved.
42.01-2 Permit requirement
A permit is required to:
Construct a building or construct or carry out works. This does not apply if a scheduleto this overlay specifically states that a permit is not required.
Construct a fence if specified in a schedule to this overlay.
Construct bicycle pathways and trails.
Subdivide land. This does not apply if a schedule to this overlay specifically states thata permit is not required.
Remove, destroy or lop any vegetation, including dead vegetation. This does not apply:
If a schedule to this overlay specifically states that a permit is not required.
If the table to Clause 42.01-3 specifically states that a permit is not required.
To the removal, destruction or lopping of native vegetation in accordance with anative vegetation precinct plan specified in the schedule to Clause 52.16.
42.01-3 Table of exemptions
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Regrowth The vegetation is regrowth which has naturally established orregenerated on land lawfully cleared of naturally establishedvegetation and is within the boundary of a timber productionplantation, as indicated on a Plantation Development Noticeor other documented record, and has established after theplantation.
This exemption does not apply to land on which vegetationhas been cleared or otherwise destroyed or damaged as aresult of flood, fire or other natural disaster.
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No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Bracken The vegetation is bracken (Pteridium esculentum) which hasnaturally established or regenerated on land lawfully clearedof naturally established vegetation.
This exemption does not apply to land on which vegetationhas been cleared or otherwise destroyed or damaged as aresult of flood, fire or other natural disaster.
Noxious weeds The vegetation is a noxious weed the subject of a declarationunder section 58 or section 58A of the Catchment and LandProtection Act 1994. This exemption does not apply toAustralian Dodder (Cuscuta australis).
Pest animal
burrows
The vegetation is to be removed, destroyed or lopped toenable the removal of pest animal burrows.
In the case of native vegetation the written agreement of anofficer of the Department responsible for administering theFlora and Fauna Guarantee Act 1988 is required before thevegetation can be removed, destroyed or lopped.
Land use
conditions
The vegetation is to be removed, destroyed or lopped tocomply with a land use condition served under the Catchmentand Land Protection Act 1994.
Land management
notices
The vegetation is to be removed, destroyed or lopped tocomply with land management notice issued under theCatchment and Land Protection Act 1994.
Planted vegetation The vegetation has been planted or grown as a result ofdirect seeding for Crop raising or Extensive animalhusbandry.
Emergency works The vegetation presents an immediate risk of personal injuryor damage to property and only that part of vegetation whichpresents the immediate risk is removed, destroyed or lopped.
The vegetation is to be removed, destroyed or lopped by apublic authority or municipal council to create an emergencyaccess or to enable emergency works.
Fire protection The vegetation is to be removed, destroyed or lopped for themaking of a fuelbreak by or on behalf of a public authority inaccordance with a strategic fuelbreak plan approved by theSecretary of the Department of Sustainability andEnvironment. The maximum width of a fuelbreak must notexceed 40 metres.
The vegetation is to be removed, destroyed or lopped for firefighting measures, periodic fuel reduction burning, or themaking of a fuel break up to 6 metres wide.
The vegetation is ground fuel within 30 metres of a building.
The vegetation is to be removed, destroyed or lopped in
ENVIRONMENTAL SIGNIFICANCE OVERLAY PAGE 3 OF 4
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
accordance with a fire prevention notice under:
Section 65 of the Forests Act 1958.
Section 41 of the Country Fire Authority Act 1958.
Section 8 of the Local Government Act 1989.
The vegetation is to be removed, destroyed or lopped to keepthe whole or any part of any vegetation clear of an electricline in accordance with a code of practice prepared underPart 8 of the Electricity Safety Act 1998.
The vegetation is to be removed, destroyed or lopped inaccordance with any code of practice prepared in accordancewith Part 8 of the Electricity Safety Act 1998 in order tominimise the risk of bushfire ignition in the proximity ofelectricity lines.
Surveying The vegetation is to be removed, destroyed or lopped forestablishing sight-lines for the measurement of land bysurveyors in the exercise of their profession, and if usinghand-held tools.
Public roads The vegetation is to be removed, destroyed or lopped tomaintain the safe and efficient function of an existing publicroad managed by the relevant responsible road authority (asdefined by the Road Management Act 2004) in accordancewith the written agreement of the Secretary of the Departmentof Sustainability and Environment.
Railways The vegetation is to be removed, destroyed or lopped tomaintain the safe and efficient function of an existing railwayor railway access road, in accordance with the writtenagreement of the Secretary of the Department ofSustainability and Environment.
Extractive industry The vegetation is to be removed, destroyed or lopped toenable the carrying out of Extractive industry in accordancewith a work plan approved under the Extractive IndustriesDevelopment Act 1995 and authorised by a work authoritygranted under that Act.
Search for stone The vegetation is to be removed, destroyed or lopped toenable the carrying out of the Search for stone.
The maximum extent of vegetation removed, destroyed orlopped under this exemption on contiguous land in the sameownership in a five year period must not exceed any of thefollowing:
1 hectare of vegetation which does not include a tree.
15 trees if each tree has a trunk diameter of less than 40centimetres at a height of 1.3 metres above ground level.
5 trees if each tree has a trunk diameter of 40 centimetres
ENVIRONMENTAL SIGNIFICANCE OVERLAY PAGE 4 OF 4
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
or more at a height of 1.3 metres above ground level.
This exemption does not apply to vegetation to be removed,destroyed or lopped to enable costeaning and bulk samplingactivities.
Mining The vegetation is to be removed, destroyed or lopped toenable the carrying out of Mining in accordance with a workplan approved under the Mineral Resources (SustainableDevelopment) Act 1990 and authorised by a work authoritygranted under that Act.
Mineral
Exploration
The vegetation is to be removed, destroyed or lopped toenable the carrying out of Mineral exploration.
Geothermal
energy exploration
and extraction
The vegetation is to be removed, destroyed or lopped toenable the carrying out of geothermal energy exploration orextraction in accordance with the Geothermal EnergyResources Act 2005.
42.01-4 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The statement of environmental significance and the environmental objective containedin a schedule to this overlay.
Any other matters specified in a schedule to this overlay.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1 PAGE 1 OF 2
SCHEDULE 1 TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY
Shown on the planning scheme map as ESO1
HIGH QUALITY AGRICULTURAL LAND
1.0 Statement of environmental significance
Murrindindi Shire has extensive high quality agricultural areas located along the Great DividingRange at Toolangi and Kinglake and along the Goulburn River floodplain. The attributes of theseareas consist of a combination of well-drained red soils, high rainfall and access to water.
2.0 Environmental objective to be achieved
Recognise the finite nature of high quality agricultural land Protect high quality agricultural land because of its versatility, productivity and ability to
sustain a wide range of agricultural uses without degradation Protect the potential production from high quality agricultural land Prevent the unsustainable development of high quality agricultural land that may result in the
loss of the quantity or quality of the land and limit the full productive potential of the land Prevent the conversion of high quality agricultural land to non soil based development
3.0 Permit requirement
Exemptions
No planning permit is required for: Any alterations or additions to an existing dwelling, provided the proposed floor area is not
greater than 100 percent of the existing floor area Any outbuilding or extension to an outbuilding associated with an existing dwelling on the
land or the use of agriculture when the outbuilding does not exceed 200 square metres Works associated with timber production Any agricultural development or activity, including cultivation and fencing. This does not
include the construction of any dam above 2 megalitres in area. Any sign A swimming pool A low impact telecommunications facility Extensions or alterations to existing caravans, annexes and on site cabins used in conjunction
with an existing ‘camping and caravan park’ The removal of any dead vegetation, exotic vegetation or native vegetation if that vegetation is
seedlings or regrowth less than 10 years old and if the land is being re-established ormaintained for cultivation or pasture
Any buildings, works or removal, destruction or lopping of any vegetation by any governmentdepartment, public authority or Murrindindi Shire Council for the purposes of any public orlocal government utility, service, works or facility
Any development or works in accordance with any approved management plan adopted by theresponsible authority or the Department of Sustainability and Environment
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Environ ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1 PAGE 2 OF 2
LOCAL PROVISION
4.0 Decision guidelines
Maintain the productive potential of high quality agricultural land Consider the suitability of high quality agricultural land in the assessment of development
proposals. Buildings or works are to be sited to avoid or minimise loss of good qualityagricultural land.
In considering any proposal, the responsible authority may consider the need for: The preparation and approval of a whole farm plan to outline proposed and future
development, identify agricultural opportunities on the land, and protect future agriculturalpotential of the land
The need to forward the application for comment to the Department of Primary Industriesif the proposal may result in a major loss of productive agricultural land
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SCHEDULE 2 TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY 19/07/2007 C12
Shown on the planning scheme map as ESO2
PHEASANT CREEK ROAD BUFFER AREA
1.0 Statement of environmental significance 19/07/2007
C12 The existing broiler farm on the eastern side of Pheasant Creek Road requires protection and certainty to ensure its continued operation. Rural living development on the eastern side of Pheasant Creek Road requires protection and adequate setbacks from the broiler farm operations.
A separation distance of 300 metres is recommended under the Victorian Code for Broiler Farms for this class of broiler farm to separate broiler farm operations from sensitive uses, such as residential use in rural living environments. This overlay applies to land on the western side of Pheasant Creek Road that is within this 300 metre separation distance.
It is important to reduce potential adverse impacts between broiler farm operations and sensitive uses, protect the amenity of both uses and avoid the encroachment of incompatible uses on land separating these uses.
2.0 Environmental objective to be achieved 19/07/2007
C12 Provide compatibility between rural living use on land affected by this overlay and the existing
broiler farm on the eastern side of Pheasant Creek Road Ensure the continued operation and business certainty for the existing broiler farm operation
on the eastern side of Pheasant Creek Road Provide physical separation between sensitive uses and the broiler farm to the east, ensuring
compliance with separation distances required between the two uses under the Victorian Code for Broiler Farms
Reduce potential adverse impacts between sensitive uses, such as residential use, and broiler farm operations
Protect the amenity of rural living use on land affected by this overlay and the broiler farm to the east
Avoid the encroachment of developments that are incompatible with broiler farm operations on land to the east, such as dwellings or other forms of accommodation
Allow for the continued use and development of land for non residential rural living and farming purposes
3.0 Permit requirement 19/07/2007 C12
Exemptions No planning permit is required for all buildings and works other than a dwelling.
4.0 Decision guidelines 19/07/2007 C12
Before a planning permit is granted for any development, the responsible authority must consider and be satisfied that the following decision guidelines are met: Provision of a minimum separation distance of 300 metres between sensitive uses, such as
residential uses, and the nearest broiler shed on the broiler farm to the east Compliance with the Victorian Code for Broiler Farms in relation to provision of separation
distances between broiler farm operations and sensitive uses
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MURRINDINDI PLANNING SCHEME
Adequate protection for sensitive uses, such as residential uses, from any adverse effects of broiler farm operations
Design of rural living subdivision layout to avoid the siting of new dwellings on land affected by this overlay
Design of rural living subdivision layout to provide for the continued operation of the broiler farm on land to the east and reduce potential adverse impacts between the broiler farm and sensitive uses
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VEGETATION PROTECTION OVERLAY PAGE 1 OF 5
42.02 VEGETATION PROTECTION OVERLAY
Shown on the planning scheme map as VPO with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To protect areas of significant vegetation.
To ensure that development minimises loss of vegetation.
To preserve existing trees and other vegetation.
To recognise vegetation protection areas as locations of special significance, natural beauty,interest and importance.
To maintain and enhance habitat and habitat corridors for indigenous fauna.
To encourage the regeneration of native vegetation.
42.02-1 Vegetation significance and objective
A schedule to this overlay must contain:
A statement of the nature and significance of the vegetation to be protected.
The vegetation protection objective to be achieved.
42.02-2 Permit requirement
A permit is required to remove, destroy or lop any vegetation specified in a schedule to thisoverlay.
This does not apply:
If the table to Clause 42.02-3 specifically states that a permit is not required.
To the removal, destruction or lopping of native vegetation in accordance with a nativevegetation precinct plan specified in the schedule to Clause 52.16.
42.02-3 Table of exemptions
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Regrowth The vegetation is regrowth which has naturally established orregenerated on land lawfully cleared of naturally establishedvegetation and is within the boundary of a timber productionplantation, as indicated on a Plantation Development Noticeor other documented record, and has established after theplantation.
This exemption does not apply to land on which vegetationhas been cleared or otherwise destroyed or damaged as aresult of flood, fire or other natural disaster.
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No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Bracken The vegetation is bracken (Pteridium esculentum) which hasnaturally established or regenerated on land lawfully clearedof naturally established vegetation.
This exemption does not apply to land on which vegetationhas been cleared or otherwise destroyed or damaged as aresult of flood, fire or other natural disaster.
Noxious weeds The vegetation is a noxious weed the subject of a declarationunder section 58 or section 58A of the Catchment and LandProtection Act 1994. This exemption does not apply toAustralian Dodder (Cuscuta australis).
Pest animal
burrows
The vegetation is to be removed, destroyed or lopped toenable the removal of pest animal burrows.
In the case of native vegetation the written agreement of anofficer of the Department responsible for administering theFlora and Fauna Guarantee Act 1988 is required before thevegetation can be removed, destroyed or lopped.
Land use
conditions
The vegetation is to be removed, destroyed or lopped tocomply with a land use condition served under the Catchmentand Land Protection Act 1994.
Land management
notices
The vegetation is to be removed, destroyed or lopped tocomply with land management notice issued under theCatchment and Land Protection Act 1994.
Planted vegetation The vegetation has been planted or grown as a result of directseeding for Crop raising or Extensive animal husbandry.
Emergency works The vegetation presents an immediate risk of personal injuryor damage to property and only that part of vegetation whichpresents the immediate risk is removed, destroyed or lopped.
The vegetation is to be removed, destroyed or lopped by apublic authority or municipal council to create an emergencyaccess or to enable emergency works.
Fire protection The vegetation is to be removed, destroyed or lopped for themaking of a fuelbreak by or on behalf of a public authority inaccordance with a strategic fuelbreak plan approved by theSecretary of the Department of Sustainability andEnvironment. The maximum width of a fuelbreak must notexceed 40 metres.
The vegetation is to be removed, destroyed or lopped for firefighting measures, periodic fuel reduction burning, or themaking of a fuel break up to 6 metres wide.
The vegetation is ground fuel within 30 metres of a building.
The vegetation is to be removed, destroyed or lopped in
VEGETATION PROTECTION OVERLAY PAGE 3 OF 5
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
accordance with a fire prevention notice under:
Section 65 of the Forests Act 1958.
Section 41 of the Country Fire Authority Act 1958.
Section 8 of the Local Government Act 1989.
The vegetation is to be removed, destroyed or lopped to keepthe whole or any part of any vegetation clear of an electric linein accordance with a code of practice prepared under Part 8of the Electricity Safety Act 1998.
The vegetation is to be removed, destroyed or lopped inaccordance with any code of practice prepared in accordancewith Part 8 of the Electricity Safety Act 1998 in order tominimise the risk of bushfire ignition in the proximity ofelectricity lines.
Surveying The vegetation is to be removed, destroyed or lopped forestablishing sight-lines for the measurement of land bysurveyors in the exercise of their profession, and if usinghand-held tools.
Public roads The vegetation is to be removed, destroyed or lopped tomaintain the safe and efficient function of an existing publicroad managed by the relevant responsible road authority (asdefined by the Road Management Act 2004) in accordancewith the written agreement of the Secretary of the Departmentof Sustainability and Environment.
Railways The vegetation is to be removed, destroyed or lopped tomaintain the safe and efficient function of an existing railwayor railway access road, in accordance with the writtenagreement of the Secretary of the Department ofSustainability and Environment.
Extractive industry The vegetation is to be removed, destroyed or lopped toenable the carrying out of Extractive industry in accordancewith a work plan approved under the Extractive IndustriesDevelopment Act 1995 and authorised by a work authoritygranted under that Act.
Search for stone The vegetation is to be removed, destroyed or lopped toenable the carrying out of the Search for stone.
The maximum extent of vegetation removed, destroyed orlopped under this exemption on contiguous land in the sameownership in a five year period must not exceed any of thefollowing:
1 hectare of vegetation which does not include a tree.
15 trees if each tree has a trunk diameter of less than 40centimetres at a height of 1.3 metres above ground level.
5 trees if each tree has a trunk diameter of 40 centimetres
VEGETATION PROTECTION OVERLAY PAGE 4 OF 5
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
or more at a height of 1.3 metres above ground level.
This exemption does not apply to vegetation to be removed,destroyed or lopped to enable costeaning and bulk samplingactivities.
Mining The vegetation is to be removed, destroyed or lopped toenable the carrying out of Mining in accordance with a workplan approved under the Mineral Resources (SustainableDevelopment) Act 1990 and authorised by a work authoritygranted under that Act.
Mineral
Exploration
The vegetation is to be removed, destroyed or lopped toenable the carrying out of Mineral exploration.
Geothermal
energy exploration
and extraction
The vegetation is to be removed, destroyed or lopped toenable the carrying out of geothermal energy exploration orextraction in accordance with the Geothermal EnergyResources Act 2005.
42.02-4 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The statement of the nature and significance of the vegetation to be protected and thevegetation protection objective contained in a schedule to this overlay.
The effect of the proposed use, building, works or subdivision on the nature and typeof vegetation to be protected.
The role of native vegetation in conserving flora and fauna.
The need to retain native or other vegetation if it is rare, supports rare species of floraor fauna or forms part of a wildlife corridor.
The need to retain vegetation which prevents or limits adverse effects on ground waterrecharge.
The need to retain vegetation:
Where ground slopes exceed 20 percent.
Within 30 metres of a waterway or wetland.
On land where the soil or subsoil may become unstable if cleared.
On land subject to or which may contribute to soil erosion, slippage or salinisation.
In areas where the removal, destruction or lopping of vegetation could adverselyaffect the integrity or long term preservation of an identified site of scientific,nature conservation or cultural significance.
Which is of heritage or cultural significance.
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VEGETATION PROTECTION OVERLAY PAGE 5 OF 5
Any relevant permit to remove, destroy or lop vegetation in accordance with a landmanagement plan or works program.
Whether the application includes a land management plan or works program.
Whether provision is made or is to be made to establish and maintain vegetationelsewhere on the land.
Any other matters specified in a schedule to this overlay.
Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of the land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
MURRINDINDI PLANNING SCHEME
SCHEDULE 1 TO THE VEGETATION PROTECTION OVERLAY 14/01/2010 C25
Shown on the planning scheme map as VPO1
MARYSVILLE VEGETATION PROTECTION AREA
1.0 Statement of nature and significance of vegetation to be protected 26/07/2006 C14 The vegetation within the township of Marysville is of historical and aesthetic significance.
Marysville is a significant tourist destination within the shire. Views and native vegetation from roads leading into Marysville form an important part of the area’s character and are important for tourists and residents. The devastating fire of 7 February 2009 resulted in the loss of significant indigenous, native and exotic vegetation. The surviving remnant trees are of value in recreating the landscape character of Marysville.
2.0 Vegetation protection objective to be achieved 26/07/2006 C14 Maintain remnant native trees and bushland in and around the township of Marysville
Protect the aesthetics and character of gateways into Marysville Integrate future development of the town in a way that will not detract from the town’s unique
urban landscape
3.0 Permit requirement 14/01/2010 C25 A planning permit is required to remove, destroy or lop native or exotic vegetation.
This does not apply to: Any exemption listed in Clause 42.02-2 The removal of any dead vegetation The removal, destruction or lopping of any native or exotic tree below 3.0 metres in height or
having a trunk girth at any point of less than 35 centimetres Any buildings, works or removal, destruction or lopping of any vegetation by any government
department, public authority or Murrindindi Shire Council for the purposes of any public or local government utility, service, works or facility
Any development or works in accordance with any approved management plan adopted by the responsible authority or the Department of Sustainability and Environment
Removal, destruction or lopping of native vegetation as a result of moving or grazing stock Removal of State Prohibited Weeds, Regionally Prohibited Weeds, Regionally Controlled
Weeds and Restricted Weeds as defined in the Catchment and Land Protection Act 1994.
VEGETATION PROTECTION OVERLAY - SCHEDULE 1 PAGE 1 OF 1
SIGNIFICANT LANDSCAPE OVERLAY PAGE 1 OF 4
42.03 SIGNIFICANT LANDSCAPE OVERLAY
Shown on the planning scheme map as SLO with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify significant landscapes.
To conserve and enhance the character of significant landscapes.
42.03-1 Landscape character and objectives
A schedule to this overlay must contain:
A statement of the nature and key elements of the landscape.
The landscape character objective to be achieved.
42.03-2 Permit requirement
A permit is required to:
Construct a building or construct or carry out works. This does not apply:
If a schedule to this overlay specifically states that a permit is not required.
To the conduct of agricultural activities including ploughing and fencing (but not theconstruction of dams) unless a specific requirement for that activity is specified in aschedule to this overlay.
Construct a fence if specified in the schedule to this overlay.
Remove, destroy or lop any vegetation specified in a schedule to this overlay. This doesnot apply:
If the table to Clause 42.03-3 specifically states that a permit is not required.
To the removal, destruction or lopping of native vegetation in accordance with anative vegetation precinct plan specified in the schedule to Clause 52.16.
42.03-3 Table of exemptions
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Regrowth The vegetation is regrowth which has naturally established orregenerated on land lawfully cleared of naturally establishedvegetation and is within the boundary of a timber productionplantation, as indicated on a Plantation Development Noticeor other documented record, and has established after theplantation.
This exemption does not apply to land on which vegetationhas been cleared or otherwise destroyed or damaged as aresult of flood, fire or other natural disaster.
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No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Bracken The vegetation is bracken (Pteridium esculentum) which hasnaturally established or regenerated on land lawfully clearedof naturally established vegetation.
This exemption does not apply to land on which vegetationhas been cleared or otherwise destroyed or damaged as aresult of flood, fire or other natural disaster.
Noxious weeds The vegetation is a noxious weed the subject of a declarationunder section 58 or section 58A of the Catchment and LandProtection Act 1994. This exemption does not apply toAustralian Dodder (Cuscuta australis).
Pest animal
burrows
The vegetation is to be removed, destroyed or lopped toenable the removal of pest animal burrows.
In the case of native vegetation the written agreement of anofficer of the Department responsible for administering theFlora and Fauna Guarantee Act 1988 is required before thevegetation can be removed, destroyed or lopped.
Land use
conditions
The vegetation is to be removed, destroyed or lopped tocomply with a land use condition served under the Catchmentand Land Protection Act 1994.
Land management
notices
The vegetation is to be removed, destroyed or lopped tocomply with land management notice issued under theCatchment and Land Protection Act 1994.
Planted vegetation The vegetation has been planted or grown as a result of directseeding for Crop raising or Extensive animal husbandry.
Emergency works The vegetation presents an immediate risk of personal injuryor damage to property and only that part of vegetation whichpresents the immediate risk is removed, destroyed or lopped.
The vegetation is to be removed, destroyed or lopped by apublic authority or municipal council to create an emergencyaccess or to enable emergency works.
Fire protection The vegetation is to be removed, destroyed or lopped for themaking of a fuelbreak by or on behalf of a public authority inaccordance with a strategic fuelbreak plan approved by theSecretary of the Department of Sustainability andEnvironment. The maximum width of a fuelbreak must notexceed 40 metres.
The vegetation is to be removed, destroyed or lopped for firefighting measures, periodic fuel reduction burning, or themaking of a fuel break up to 6 metres wide.
The vegetation is ground fuel within 30 metres of a building.
The vegetation is to be removed, destroyed or lopped in
SIGNIFICANT LANDSCAPE OVERLAY PAGE 3 OF 4
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
accordance with a fire prevention notice under:
Section 65 of the Forests Act 1958.
Section 41 of the Country Fire Authority Act 1958.
Section 8 of the Local Government Act 1989.
The vegetation is to be removed, destroyed or lopped to keepthe whole or any part of any vegetation clear of an electric linein accordance with a code of practice prepared under Part 8of the Electricity Safety Act 1998.
The vegetation is to be removed, destroyed or lopped inaccordance with any code of practice prepared in accordancewith Part 8 of the Electricity Safety Act 1998 in order tominimise the risk of bushfire ignition in the proximity ofelectricity lines.
Surveying The vegetation is to be removed, destroyed or lopped forestablishing sight-lines for the measurement of land bysurveyors in the exercise of their profession, and if usinghand-held tools.
Public roads The vegetation is to be removed, destroyed or lopped tomaintain the safe and efficient function of an existing publicroad managed by the relevant responsible road authority (asdefined by the Road Management Act 2004) in accordancewith the written agreement of the Secretary of the Departmentof Sustainability and Environment.
Railways The vegetation is to be removed, destroyed or lopped tomaintain the safe and efficient function of an existing railwayor railway access road, in accordance with the writtenagreement of the Secretary of the Department ofSustainability and Environment.
Extractive industry The vegetation is to be removed, destroyed or lopped toenable the carrying out of Extractive industry in accordancewith a work plan approved under the Extractive IndustriesDevelopment Act 1995 and authorised by a work authoritygranted under that Act.
Search for stone The vegetation is to be removed, destroyed or lopped toenable the carrying out of the Search for stone.
The maximum extent of vegetation removed, destroyed orlopped under this exemption on contiguous land in the sameownership in a five year period must not exceed any of thefollowing:
1 hectare of vegetation which does not include a tree.
15 trees if each tree has a trunk diameter of less than 40centimetres at a height of 1.3 metres above ground level.
5 trees if each tree has a trunk diameter of 40 centimetres
SIGNIFICANT LANDSCAPE OVERLAY PAGE 4 OF 4
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
or more at a height of 1.3 metres above ground level.
This exemption does not apply to vegetation to be removed,destroyed or lopped to enable costeaning and bulk samplingactivities.
Mining The vegetation is to be removed, destroyed or lopped toenable the carrying out of Mining in accordance with a workplan approved under the Mineral Resources (SustainableDevelopment) Act 1990 and authorised by a work authoritygranted under that Act.
Mineral
Exploration
The vegetation is to be removed, destroyed or lopped toenable the carrying out of Mineral exploration.
Geothermal
energy exploration
and extraction
The vegetation is to be removed, destroyed or lopped toenable the carrying out of geothermal energy exploration orextraction in accordance with the Geothermal EnergyResources Act 2005.
42.03-4 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider , as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The statement of the nature and key elements of the landscape and the landscapecharacter objective contained in a schedule to this overlay.
The conservation and enhancement of the landscape values of the area.
The impact of the proposed buildings and works on the landscape due to height, bulk,colour, general appearance or the need to remove vegetation.
The extent to which the buildings and works are designed to enhance or promote thelandscape character objectives of the area.
The impact of buildings and works on significant views.
Any other matters specified in a schedule to this overlay.
Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of the land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MURRINDINDI PLANNING SCHEME
SIGNIFICANT LANDSCAPE OVERLAY - SCHEDULE 1 PAGE 1 OF 2
SCHEDULE 1 TO THE SIGNIFICANT LANDSCAPE OVERLAY
Shown on the planning scheme map as SLO1
CATHEDRAL RANGE
1.0 Statement of nature and key elements of landscape
The Cathedral Range is a significant feature in the southeastern part of Murrindindi Shire. Thearea’s landscape is classified by the National Trust of Victoria.
2.0 Landscape character objective to be achieved
Protect the nature of the Cathedral Range Protect the rural landscape from insensitivity designed development Maintain and protect the diversity of landscapes, native fauna, remnant vegetation and sites of
historical, botanical and zoological significance Provide that the development of tourism oriented activities complements the special nature of
the Cathedral Range Recognise and protect the landscape conservation and scientific importance of the Cathedral
Range Protect the Cathedral Range and the surrounding landscapes from visual intrusion and
inappropriate development Maintain passive recreational development of the land for the enjoyment of all visitors Encourage land development to be consistent with sustainable rural land management
3.0 Permit requirement
Requirements
All proposed buildings must be of muted tones and constructed in non-reflective materials, to thesatisfaction of the responsible authority.
Exemptions
No planning permit is required for:
Any alterations or additions to an existing dwelling, provided the proposed floor area is notgreater than 50 percent of the existing floor area
Any outbuilding or extension to an outbuilding associated with an existing dwelling on theland when the outbuilding does not exceed 100 square metres
Works associated with timber production Any agricultural development or activity, including cultivation and fencing. This does not
include the construction of any dam above 2 megalitres in area. Any sign A swimming pool A low impact telecommunications facility Extensions or alterations to existing caravans, annexes and on site cabins used in conjunction
with an existing ‘camping and caravan park’ Any dead vegetation, exotic vegetation or native vegetation if that vegetation is seedlings or
regrowth less than 10 years old and if the land is being re-established or maintained forcultivation or pasture
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MURRINDINDI PLANNING SCHEME
SIGNIFICANT LANDSCAPE OVERLAY - SCHEDULE 1 PAGE 2 OF 2
Any buildings, works or removal, destruction or lopping of any vegetation by any governmentdepartment, public authority or Murrindindi Shire Council for the purposes of any public orlocal government utility, service, works or facility
Any development or works in accordance with any approved management plan adopted by theresponsible authority or the Department of Sustainability and Environment
4.0 Decision guidelines
Assess the development of the Cathedral Ranges and surrounding land, taking into account: The protection of the environment Visual and aesthetic qualities Long term use of the land for public purposes
Before deciding on an application for subdivision, use, development of works the responsibleauthority must consider:
Any relevant adopted policy
The design, height, mass and scale of the proposed development and buildings The location of all buildings and including the exterior colour/ finish of buildings
In considering any proposal, the responsible authority may consider the need for: A site assessment plan that incorporates details of special landscape features or classified
landscapes, contours, views within and outside of the site, vegetation, sites of value forflora and fauna, sites of geological significance and sites of archaeological or historicalsignificance
The need to forward the application for comment to the National Trust of Australia(Victoria) when land is a classified National Trust Landscape and it is considered that theproposal may adversely affect this landscape
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SIGNIFICANT LANDSCAPE OVERLAY - SCHEDULE 2 PAGE 1 OF 2
SCHEDULE 2 TO THE SIGNIFICANT LANDSCAPE OVERLAY
Shown on the planning scheme map as SLO2
LAKE EILDON AND SURROUNDS
1.0 Statement of nature and key elements of landscape
Lake Eildon is a significant water storage that is located within the Lake Eildon National Park.The lake is surrounded by prominent vegetated hills and ranges that form part of the CentralHighlands.
2.0 Landscape character objective to be achieved
Protect the visual quality and significance of the prominent hills, slopes and extensive openlandscapes in the Shire, including those classified by the National Trust
Protect the nature of the rural areas surrounding Lake Eildon and its tributaries Protect the rural landscape from insensitivity designed development Maintain and protect the diversity of landscapes, native fauna, remnant vegetation and sites of
historical, botanical and zoological significance Provide that the development of tourism oriented activities complementing the special nature
of Lake Eildon Recognise and protect the landscape conservation and scientific importance of the Lake Eildon Protect the lake and the surrounding landscapes from visual intrusion and inappropriate
development Maintain passive recreational development of the land for the enjoyment of all visitors. Encourage development that is consistent with sustainable rural land management
3.0 Permit requirement
Requirements
All proposed buildings must be of muted tones and constructed in non-reflective materials, to thesatisfaction of the responsible authority.
Exemptions
No planning permit is required for:
Any alterations or additions to an existing dwelling, provided the proposed floor area is notgreater than 50 percent of the existing floor area
Any outbuilding or extension to an outbuilding associated with an existing dwelling on theland when the outbuilding does not exceed 100 square metres
Works associated with timber production Any agricultural development or activity, including cultivation and fencing. This does not
include the construction of any dam above 2 megalitres in area Any sign A swimming pool A low impact telecommunications facility Extensions or alterations to existing caravans, annexes and on site cabins used in conjunction
with an existing ‘camping and caravan park’
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SIGNIFICANT LANDSCAPE OVERLAY - SCHEDULE 2 PAGE 2 OF 2
Any dead vegetation, exotic vegetation or native vegetation if that vegetation is seedlings orregrowth less than 10 years old and if the land is being re-established or maintained forcultivation or pasture
Any buildings, works or removal, destruction or lopping of any vegetation by any governmentdepartment, public authority or Murrindindi Shire Council for the purposes of any public orlocal government utility, service, works or facility
Any development or works in accordance with any approved management plan adopted by theresponsible authority or the Department of Sustainability and Environment
4.0 Decision guidelines
Assess the development of land surrounding the lake, taking into account: Protection of the environment Visual and aesthetic qualities Long term development of the land for public purposes
Before deciding on an application for subdivision, use, development of works the responsibleauthority must consider: Any relevant adopted policy The design, height, mass and scale of the proposed development and buildings The location of all buildings and including the exterior colour/ finish of buildings Effluent disposal systems and measures to improve water quality
In considering any proposal, the responsible authority may consider the need for: A site assessment plan that incorporates details of special landscape features or classified
landscapes, contours, views within and outside of the site, vegetation, sites of value forflora and fauna, sites of geological significance and sites of archaeological or historicalsignificance
The need to forward the application for comment to the National Trust of Australia(Victoria) when land is a classified National Trust Landscape and it is considered that theproposal may adversely affect this landscape
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HERITAGE AND BUILT FORM OVERLAYS PAGE 1 OF 1
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HERITAGE OVERLAY PAGE 1 OF 4
43.01 HERITAGE OVERLAY
Shown on the planning scheme map as HO with a number (if shown).
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To conserve and enhance heritage places of natural or cultural significance.
To conserve and enhance those elements which contribute to the significance of heritageplaces.
To ensure that development does not adversely affect the significance of heritage places.
To conserve specifically identified heritage places by allowing a use that would otherwisebe prohibited if this will demonstrably assist with the conservation of the significance of theheritage place.
Scope
The requirements of this overlay apply to heritage places specified in the schedule to thisoverlay. A heritage place includes both the listed heritage item and its associated land.Heritage places may also be shown on the planning scheme map.
43.01-1 Permit requirement
A permit is required to:
Subdivide land.
Demolish or remove a building.
Construct a building or construct or carry out works, including:
Domestic services normal to a dwelling if the services are visible from a street (otherthan a lane) or public park.
A solar energy facility attached to a building that primarily services the land onwhich it is situated if the services are visible from a street (other than a lane) orpublic park.
A rainwater tank if the rainwater tank is visible from a street (other than a lane) orpublic park.
A fence.
Road works and street furniture other than:– traffic signals, traffic signs, fire hydrants, parking meters, post boxes and seating– speed humps, pedestrian refuges and splitter islands where the existing footpaths
or kerb and channel are not altered. A domestic swimming pool or spa and associated mechanical and safety equipment.
A pergola or verandah, including an open-sided pergola or verandah to a dwellingwith a finished floor level not more than 800mm above ground level and a maximumbuilding height of 3 metres above ground level.
A deck, including a deck to a dwelling with a finished floor level not more than800mm above ground level.
Non-domestic disabled access.
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HERITAGE OVERLAY PAGE 2 OF 4
Bicycle pathways and trails.
Externally alter a building by structural work, rendering, sandblasting or in any otherway.
Construct or display a sign.
Externally paint a building if the schedule to this overlay identifies the heritage place asone where external paint controls apply.
Externally paint an unpainted surface.
Externally paint a building if the painting constitutes an advertisement.
Internally alter a building if the schedule to this overlay identifies the heritage place asone where internal alteration controls apply.
Carry out works, repairs and routine maintenance which change the appearance of aheritage place or which are not undertaken to the same details, specifications andmaterials.
Remove, destroy or lop a tree if the schedule to this overlay identifies the heritage placeas one where tree controls apply. This does not apply:
To any action which is necessary to keep the whole or any part of a tree clear of anelectric line provided the action is carried out in accordance with a code of practiceprepared under Section 86 of the Electricity Safety Act 1998.
If the tree presents an immediate risk of personal injury or damage to property.
43.01-2 No permit required
No permit is required under this overlay:
For anything done in accordance with an incorporated plan specified in a schedule tothis overlay.
To internally alter a church for liturgical purposes if the responsible authority is satisfiedthat the alterations are required for liturgical purposes.
For interments, burials and erection of monuments, re-use of graves, burial of crematedremains and exhumation of remains in accordance with the Cemeteries and CrematoriaAct 2003.
To develop a heritage place which is included on the Victorian Heritage Register.
43.01-3 Exemption from notice and review
An application under this overlay for any of the following classes of development is exemptfrom the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements ofSection 64(1), (2) and (3) and the review rights of Section 82(1) of the Act:
Demolition or removal of an outbuilding (including a carport, garage, pergola,verandah, deck, shed or similar structure) unless the outbuilding is identified in theschedule to this overlay.
Demolition or removal of a fence unless the fence is identified in the schedule to thisoverlay.
External alteration of a building.
External painting.
Construction of a fence.
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HERITAGE OVERLAY PAGE 3 OF 4
Construction of a carport, garage, pergola, verandah, deck, shed or similar structure.
Domestic services normal to a dwelling.
Carry out works, repairs and routine maintenance.
Internally alter a building.
Non-domestic disabled access ramp.
Construction of a vehicle cross-over.
Construction of a domestic swimming pool or spa and associated mechanical equipmentand safety fencing.
Construction of a tennis court.
Construction of a rainwater tank.
Construction or display of a sign.
Lopping of a tree.
Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, securitylighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.
43.01-4 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The significance of the heritage place and whether the proposal will adversely affect thenatural or cultural significance of the place.
Any applicable statement of significance, heritage study and any applicable conservationpolicy.
Whether the location, bulk, form or appearance of the proposed building will adverselyaffect the significance of the heritage place.
Whether the location, bulk, form and appearance of the proposed building is in keepingwith the character and appearance of adjacent buildings and the heritage place.
Whether the demolition, removal or external alteration will adversely affect thesignificance of the heritage place.
Whether the proposed works will adversely affect the significance, character orappearance of the heritage place.
Whether the proposed subdivision will adversely affect the significance of the heritageplace.
Whether the proposed subdivision may result in development which will adverselyaffect the significance, character or appearance of the heritage place.
Whether the proposed sign will adversely affect the significance, character orappearance of the heritage place.
Whether the lopping or development will adversely affect the health, appearance orsignificance of the tree.
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HERITAGE OVERLAY PAGE 4 OF 4
43.01-5 Use of a heritage place
A permit may be granted to use a heritage place (including a heritage place which isincluded on the Victorian Heritage Register) for a use which would otherwise be prohibitedif all of the following apply:
The schedule to this overlay identifies the heritage place as one where prohibited usesmay be permitted.
The use will not adversely affect the significance of the heritage place.
The benefits obtained from the use can be demonstrably applied towards theconservation of the heritage place.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider the effect of the use on the amenity of the area.
43.01-6 Aboriginal heritage places
A heritage place identified in the schedule to this overlay as an Aboriginal heritage place isalso subject to the requirements of the Aboriginal Heritage Act 2006.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MURRINDINDI PLANNING SCHEME
SCHEDULE TO THE HERITAGE OVERLAY 28/05/2009 C21
The requirements of this overlay apply to both the heritage place and its associated land.
PS Map Ref
Heritage Place External Paint Controls Apply?
Internal Alteration Controls Apply?
Tree Controls Apply?
Outbuildings or fences which are not exempt under Clause 43.01-4
Included on the Victorian Heritage Register under the Heritage Act 1995?
Prohibited uses may be permitted?
Name of Incorporated Plan under Clause 43.01-2
Aboriginal heritage place?
HO1 Murrindindi Station, 5620 Melba Hwy, Yea - - - - Yes Ref No. H371
Yes No
HO2 Yea Railway Station (former), Station St, Yea - - - - Yes Ref No. H771
Yes No
HO3 "Doogalook" Homestead No No No No No Yes No
HO4 Purcells General Store, 20 High Street, Yea - - - - Yes Ref No. H740
Yes No
HO5 St Lukes Church, 11 Pelissier Street Yea No No No No No Yes No
HO6 Yea Shire Hall Building, 9 High Street No No No No No Yes No
HO7 Tallarook Mansfield Railway- Cheviot tunnel structure and embankments
No No No No No Yes No
HO8 Yea Post Office, The Semi Circle Yea No No No No No Yes No
HO9 Yea High Street, Streetscape No No No No No Yes No
HO10 Killingworth Ruins, Killingworth No No No No No Yes No
HO11 WestPac Bank, Yea No No No No No Yes No
HERITAGE OVERLAY - SCHEDULE PAGE 1 OF 3
MURRINDINDI PLANNING SCHEME
Heritage Place PS External Internal Tree Outbuildings Included Prohibited Name of Map Ref
Paint Controls Apply?
Alteration Controls Apply?
Controls Apply?
or fences which are not exempt under Clause 43.01-4
on the Victorian Heritage Register under the Heritage Act 1995?
uses may be permitted?
Incorporated Plan under Clause 43.01-2
Aboriginal heritage place?
HO12 Alexandra Courthouse and Former Shire Offices, 38A Downey Street, Alexandra
- - - - Yes Ref No. H1654
Yes No
HO24 Alexandra Courthouse and Former Shire Offices (Balance) 40 Downey Street, Alexandra
Yes No No No No Yes No
HO13 "The Hermitage" 161 Maroondah Highway, Narbethong
- - - - Yes Ref No. H303
Yes No
HO14 "The Oaks" Goulburn Valley Highway, Alexandra
No No No No No Yes No
HO15 Shire Hall and Council Chambers, Perkins St, Alexandra
No No No No No Yes No
HO16 Alexandra Library, Perkins St, Alexandra No No No No No Yes No
HO17 Rubicon Hydro-electric scheme, off Rubicon Road, Rubicon
- - - - Yes Ref No. H1187
Yes No
HO18 Robbie’s Mill, Anderson Lane, Narbethong - - - - Yes Ref No. H1823
Yes No
HO19 Grandstand, Yea Showgrounds and Recreation Reserve
No No No No No Yes No
HO20 Glenmore Station No No No No No Yes No
HO21 Fawcett Mechanics Institute, Fawcett No No No No No Yes No
HO22 Alexandra Railway Station, Station Street, Alexandra
No No No No No Yes No
HERITAGE OVERLAY - SCHEDULE PAGE 2 OF 3
MURRINDINDI PLANNING SCHEME
Heritage Place PS External Internal Tree Outbuildings Included Prohibited Name of Map Ref
Paint Controls Apply?
Alteration Controls Apply?
Controls Apply?
or fences which are not exempt under Clause 43.01-4
on the Victorian Heritage Register under the Heritage Act 1995?
uses may be permitted?
Incorporated Plan under Clause 43.01-2
Aboriginal heritage place?
HO23 Police buildings (police residence, single men’s quarters, stables and lockup), Bon Street, Alexandra
No No No No No Yes No
HERITAGE OVERLAY - SCHEDULE PAGE 3 OF 3
DESIGN AND DEVELOPMENT OVERLAY PAGE 1 OF 3
43.02 DESIGN AND DEVELOPMENT OVERLAY
Shown on the planning scheme map as DDO with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify areas which are affected by specific requirements relating to the design andbuilt form of new development.
43.02-1 Design objectives
A schedule to this overlay must contain a statement of the design objectives to be achievedfor the area affected by the schedule.
43.02-2 Buildings and works
Permit requirement
A permit is required to:
Construct a building or construct or carry out works. This does not apply:
If a schedule to this overlay specifically states that a permit is not required.
To the construction of an outdoor swimming pool associated with a dwelling unlessa specific requirement for this matter is specified in a schedule to this overlay.
Construct a fence if specified in a schedule to this overlay.Buildings and works must be constructed in accordance with any requirements in aschedule to this overlay. A schedule may include requirements relating to:
Building setbacks.
Building height.
Plot ratio.
Landscaping.
Any other requirements relating to the design or built form of new development.
A permit may be granted to construct a building or construct or carry out works which arenot in accordance with any requirement in a schedule to this overlay, unless the schedulespecifies otherwise.
Exemption from notice and review
A schedule to this overlay may specify that an application is exempt from the noticerequirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),(2) and (3) and the review rights of Section 82(1) of the Act.
19/01/2006VC37
19/01/2006VC37
19/01/2006VC37
DESIGN AND DEVELOPMENT OVERLAY PAGE 2 OF 3
43.02-3 Subdivision
Permit requirement
A permit is required to subdivide land.
This does not apply if a schedule to this overlay specifically states that a permit is notrequired.
Subdivision must occur in accordance with any lot size or other requirement specified in aschedule to this overlay.
A permit may be granted to subdivide land which is not in accordance with any lot size orother requirement in a schedule to this overlay, unless the schedule specifies otherwise.
Exemption from notice and review
A schedule to this overlay may specify that an application is exempt from the noticerequirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),(2) and (3) and the review rights of Section 82(1) of the Act.
43.02-4 Advertising signs
Advertising sign controls are at Clause 52.05 unless otherwise specified in a schedule tothis overlay.
43.02-5 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The design objectives of the relevant schedule to this overlay.
The provisions of any relevant policies and urban design guidelines.
Whether the bulk, location and appearance of any proposed buildings and works will bein keeping with the character and appearance of adjacent buildings, the streetscape orthe area.
Whether the design, form, layout, proportion and scale of any proposed buildings andworks is compatible with the period, style, form, proportion, and scale of any identifiedheritage places surrounding the site.
Whether any proposed landscaping or removal of vegetation will be in keeping with thecharacter and appearance of adjacent buildings, the streetscape or the area.
The layout and appearance of areas set aside for car parking, access and egress, loadingand unloading and the location of any proposed off street car parking
Whether subdivision will result in development which is not in keeping with thecharacter and appearance of adjacent buildings, the streetscape or the area.
Any other matters specified in a schedule to this overlay.
19/01/2006VC37
19/01/2006VC37
19/01/2006VC37
DESIGN AND DEVELOPMENT OVERLAY PAGE 3 OF 3
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
MURRINDINDI PLANNING SCHEME
SCHEDULE 1 TO THE DESIGN AND DEVELOPMENT OVERLAY 19/07/2007 C12
Shown on the planning scheme map as DDO 1
KING PARROT CREEK ENVIRONS
1.0 Design objectives 19/07/2007 C12 Protect the existing bushland and natural character of the King Parrot Creek environs
Maintain the environmental integrity of the King Parrot Creek, waterway environs and general area
Ensure minimum setbacks for all buildings from the King Parrot Creek to meet the standards of Goulburn Murray Water and the Water Quality Guidelines for Northeastern Victoria
Respect and maintain the King Parrot Creek and Flowerdale area as an important transport and tourism route between metropolitan Melbourne and the northern part of Murrindindi Shire and beyond
Ensure a strong emphasis on environmental sustainability Achieve the vision, objectives, strategic directions and actions of the Kinglake
Flowerdale Integrated Strategy Plan, March 2003
2.0 Buildings and works 19/07/2007 C12
A permit is not required for buildings and works that are greater than 30 metres from the high water mark of King Parrot Creek.
New development must ensure and provide:
Protection and enhancement of environmental and natural features of the King Parrot Creek and riparian zone, including remnant vegetation
Adequate setbacks for any building or works from King Parrot Creek Sufficient building and effluent disposal system setbacks to allow the satisfactory
disposal of effluent to the satisfaction of the responsible authority Building siting and design to ensure protection of amenity from the King Parrot Creek
environs, and adjoining and nearby land Building and effluent disposal envelopes as required to ensure adequate siting and
setback of future buildings in relation to King Parrot Creek
3.0 Subdivision 19/07/2007 C12 A permit is not required for the subdivision of land that is greater than 30 metres from the
high water mark of King Parrot Creek.
Any subdivision must ensure and provide:
Protection and enhancement of environmental and natural features of the King Parrot Creek and riparian zone, including remnant vegetation
Lot design that allows adequate setbacks for future buildings, roads and other works from King Parrot Creek
Sufficient potential building setbacks to allow the satisfactory disposal of effluent to the satisfaction of the responsible authority
Building and effluent disposal envelopes as required to ensure adequate siting and setback of future buildings in relation to King Parrot Creek
Encouragement for the fencing of private land from the King Parrot Creek reserve
DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 1 PAGE 1 OF 2
MURRINDINDI PLANNING SCHEME
Potential for linked recreational and ecological trails along the King Parrot Creek, when appropriate, to meet the objectives of any adopted strategy of Murrindindi Shire Council or relevant agency
4.0 Decision guidelines 19/07/2007 C12
Before deciding on a permit application, the responsible authority must consider and meet the objectives, guidelines, standards and recommendations of:
Goulburn Murray Water Kinglake Flowerdale Integrated Strategy Plan, March 2003 EPA publication 746.1 Land Capability Assessment for Onsite Domestic Wastewater
Management, March 2003, State Environment Protection Policy - Waters of Victoria and the Septic Tanks Code of Practice, March 2003 Septic Tanks Code of Practice, March 2003
Water Quality Guidelines for Northeastern Victoria Victoria Native Vegetation Management – A Framework for Action
DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 1 PAGE 2 OF 2
MURRINDINDI PLANNING SCHEME
SCHEDULE 2 TO THE DESIGN AND DEVELOPMENT OVERLAY 14/01/2010 C25
Shown on the planning scheme map as DDO2
MARYSVILLE BUSINESS 1 ZONE
1.0 Design objectives 14/01/2010 C25 To rebuild the town centre of Marysville in a manner that creates a new character that
is memorable and functional for the community and visitors and reflects the landscape values of the town.
To ensure the built form of Marysville has a human scale.
To achieve an increased level of environmental sustainability.
To increase pedestrian accessibility.
2.0 Buildings and works 14/01/2010 C25 A permit is required for buildings and works. Development must, as applicable:
Provide a variety of building setbacks to Murchison Street and allow for the use of the setbacks for publicly accessible courtyards and landscaping.
Provide a variety of building forms in Murchison Street, Darwin Street, Pack Road and Falls Road as a reflection of the eclectic character of the community.
Provide architecture and roof forms that create interest in the streetscape.
Reinstate side setbacks which provide for landscaping or pedestrian connection.
Provide car parking areas, where required, screened from Murchison Street, to facilitate continuous, interesting and active use of the Murchison Street frontage.
Increase the pedestrian accessibility, comfort and connection from Murchison Street to Darwin Street.
Minimise the number of vehicle crossovers onto Murchison Street.
Facilitate the re-establishment of the bio-swale, landscape treatment along Murchison Street and Pack Road and continue the treatment into Falls Road along the core activities area.
Provide building forms that encourage active use of the frontage.
Applications including dwellings must provide for the dwelling component to be above or behind an active building frontage. Where dwellings are the only development proposed the layout of the building must provide large rooms towards the frontage to facilitate flexible use for commercial purposes.
Protect and enhance significant view lines, corridors and landmarks detailed in the Roberts Day 2009, Marysville and Triangle Urban Design Framework Report, September 2009.
DESIGN AND DEVELOPMENT OVERLAY - SCHEDULE 2 PAGE 1 OF 2
MURRINDINDI PLANNING SCHEME
3.0 Exemption from notice and review 14/01/2010 C25
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
4.0 Decision guidelines 14/01/2010 C25
Before deciding on a permit application, the responsible authority must consider the content of and the consistency with the Roberts Day 2009 Marysville and Triangle Urban Design Framework Report, September 2009.
DESIGN AND DEVELOPMENT OVERLAY - SCHEDULE 2 PAGE 2 OF 2
DEVELOPMENT PLAN OVERLAY PAGE 1 OF 2
43.04 DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify areas which require the form and conditions of future use and development to beshown on a development plan before a permit can be granted to use or develop the land.
To exempt an application from notice and review if it is generally in accordance with adevelopment plan.
43.04-1 Requirement before a permit is granted
A permit must not be granted to use or subdivide land, construct a building or construct orcarry out works until a development plan has been prepared to the satisfaction of theresponsible authority.
This does not apply if a schedule to this overlay specifically states that a permit may begranted before a development plan has been prepared to the satisfaction of the responsibleauthority.
A permit granted must:
Be generally in accordance with the development plan.
Include any conditions or requirements specified in a schedule to this overlay.
43.04-2 Exemption from notice and review
An application under any provision of this scheme which is generally in accordance with thedevelopment plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d),the decision requirements of Section 64(1), (2) and (3) and the review rights of Section82(1) of the Act.
43.04-3 Preparation of the development plan
The development plan may consist of plans or other documents and may, with theagreement of the responsible authority, be prepared and implemented in stages.
A development plan that provides for residential subdivision in the Residential 1 Zone,Residential 2 Zone, Residential 3 Zone, Mixed Use Zone, Township Zone, ComprehensiveDevelopment Zone and Priority Development Zone must meet the requirements of Clause56 as specified in the zone.
The development plan must describe:
The land to which the plan applies.
The proposed use and development of each part of the land.
Any other requirements specified for the plan in a schedule to this overlay.
The development plan may be amended to the satisfaction of the responsible authority.
21/09/2009VC60
19/01/2006VC37
21/09/2009VC60
09/10/2006VC42
DEVELOPMENT PLAN OVERLAY PAGE 2 OF 2
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
MURRINDINDI PLANNING SCHEME
DEVELOPMENT PLAN OVERLAY - SCHEDULE 1 PAGE 1 OF 2
SCHEDULE 1 TO THE DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO1
RESIDENTIAL 1 DEVELOPMENT PLAN
1.0 Requirement before a permit is granted
Before any planning permit is granted for any use or development of land that the DevelopmentPlan Overlay 1 applies to, the responsible authority must consider and be satisfied that thefollowing guidelines are met: The proposed use and/or development is consistent with any approved Development Plan The proposed use and/or development is consistent with the conditions and requirements for
permits, requirements for development plan and decision guidelines sections of this overlayschedule
The proposal meets Murrindindi Shire Council road, drainage and infrastructure standards A requirement for public open space land or monetary contribution for recreation purposes
when a contribution is required in accordance with the Subdivision Act Reticulated water and sewerage provision, to meet service authority standards Provision of underground electricity The proposal incorporates and meets the following urban design principles:
Urban design and layout principles to meet ResCode objectives and standards A site assessment and design response that provides layout and development that is
compatible with the site, adjoining land and general area A range of lot sizes and housing types to meet a variety of housing needs, and cater for a
range of different residential users A strong sense of place created by attractive built form, compact neighbourhood design,
quality landscape and community safety Pedestrian and vehicular provision, accessibility and safety Accessibility and linkages to open space, and consideration of how to enhance existing
linkages and open space When additional open space is to be provided rather than a monetary contribution,
provision of open space that is centrally located, accessible, safe and useable forrecreational purposes
Quality urban environmental standards, including urban stormwater design and treatment,energy efficiency, landscaping, and protection and incorporation of natural features
Retention of existing native vegetation Urban services, including reticulated water and sewer and street lighting
2.0 Requirements for development plan
Any development plan for this land must outline and assess: Site assessment and response, including natural features, slope, orientation, views, drainage
lines, native vegetation, and impact on neighbouring and nearby land Proposed lot layout and density, including building envelopes if appropriate Internal road layout and external road access, including future road linkages, street lighting,
and proposed road surfacing and standards All servicing, including water, sewerage, drainage and stormwater, electricity and
telecommunications Existing and future open space, including linkages to and between areas of open space Landscaping, existing native vegetation and streetscape treatment
19/01/2006VC37
19/01/2006VC37
19/01/2006VC37
19/01/2006VC37
MURRINDINDI PLANNING SCHEME
DEVELOPMENT PLAN OVERLAY - SCHEDULE 1 PAGE 2 OF 26 JANUARY 2005
LOCAL PROVISION
The stages, if any, in which the land is to be subdivided and developed
Any development plan that is prepared and approved must include: An outline of future subdivision and development that allows for the full development and
servicing of the land in accordance with the Residential 1 Zone and ResCode Processes for making changes to the development plan, including a public consultation period
and a requirement that responsible authority approve any changes to the development plan
MURRINDINDI PLANNING SCHEME
DEVELOPMENT PLAN OVERLAY - SCHEDULE 2 PAGE 1 OF 1
SCHEDULE 2 TO THE DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO2
Township Zone
1.0 Requirements before a permit is granted
The Development Plan must:
Describe the relationship of uses proposed on the land to existing and proposed uses onadjoining land and proposed buffer areas separating land uses.
Identify any sites of conservation, heritage or archaeological significance and the means bywhich they will be managed.
Provide appropriate arrangements for the provision and funding of necessary physical andsocial infrastructure.
List the staging and anticipated timing of development. Provide an overall scheme of landscaping and any necessary arrangements for the preservation
or regeneration of existing vegetation. Provide suitable linkages between the site and road, public, bicycle and pedestrian transport
facilities to urban areas. Provide a soil and water report with all applications to demonstrate the capacity of
infrastructure to service the development, treat and retard stormwater, and reduce any impactssoil and water downstream of the development.
2.0 Conditions and requirements for permits
All township development must be serviced with reticulated water and sewerage andunderground reticulated electricity.
When sewerage infrastructure cannot be provided soil and water reports must be submitteddemonstrating compliance with state and local policies on effluent and stormwater disposal.
All subdivision development must be serviced with sealed roads and underground stormwaterdrainage.
19/01/2006VC37
19/01/2006VC37
19/01/2006VC37
19/01/2006VC37
MURRINDINDI PLANNING SCHEME
DEVELOPMENT PLAN OVERLAY - SCHEDULE 3 PAGE 1 OF 2
SCHEDULE 3 TO THE DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO3
Low Density Residential Zone
1.0 Requirements for development plan
Any development plan for land in the Low Density Residential Zone must outline and assess:
Site assessment and response, including natural features, slope, orientation, views, drainage lines, native vegetation, and impact on neighbouring and nearby land
Proposed lot layout and density, including building envelopes or building exclusion zones, and effluent disposal envelopes
Internal road layout and external road access, including future road linkages and proposed road surfacing and standards
All servicing, including water supply, drainage and stormwater, electricity and telecommunications
Effluent disposal requirements based on a detailed land capability assessment
Existing and future open space, including linkages to and between areas of open space
Landscaping, and streetscape treatment
Proposals for protection and enhancement of native vegetation, including the use of a flora and fauna study, if required, to assess the biodiversity value of existing native vegetation on the land
The archaeological significance of any land, including the use of a archaeological study if required, to assess the archaeological presence and significance of the land
The stages, if any, in which the land is to be subdivided and developed
Any development plan that is prepared and approved must include:
Processes for making changes to the development plan, including a public consultation period and a requirement that responsible authority approve any changes to the development plan
2.0 Decision guidelines
Before any planning permit is granted for any use or development of land zoned Low Density Residential that the Development Plan Overlay 3 applies to, the responsible authority must consider and be satisfied that the following guidelines are met:
The proposed use and/or development is consistent with any approved Development Plan
The proposed use and/or development is consistent with the conditions and requirements for permits, requirements for development plan and decision guidelines sections of this overlay schedule
Future lots and dwellings have been determined through a detailed land capability assessment, prepared in accordance with the EPA publication 746.1 Land Capability Assessment for Onsite Domestic Wastewater Management, March 2003, that establishes that all effluent from the land and development can be treated, retained and disposed of on the land to comply with the State Environment Protection Policy - Waters of Victoria and the Septic Tanks Code of Practice, March 2003
26/07/2006 C14
26/07/2006 C14
26/07/2006 C14
DEVELOPMENT PLAN OVERLAY - SCHEDULE 3 PAGE 2 OF 2
Provision of a range of urban services, including reticulated water or alternative potable water supply, sealed roads, telecommunications, and reticulated electricity or alternative energy supply, including provision of underground electricity
The proposal meets Murrindindi Shire Council road, drainage and infrastructure standards in
accordance with the Murrindindi Shire Infrastructure Development Manual, including provision of sealed roads
A requirement for public open space land or monetary contribution for recreation purposes
when a contribution is required in accordance with the Subdivision Act
The proposal incorporates and meets the following urban design principles:
A site assessment and design response that provides layout and development that is compatible with the site, adjoining land and general area
A range of lot sizes and housing types to meet a variety of housing needs, and cater for a range of different residential users
A strong sense of place created by recognition of surrounding features and town character, attractive built form, quality landscape and community safety
Retention and enhancement (‘net gain’) of biodiversity and existing native vegetation to implement the objective of the Victoria Native Vegetation Management – A Framework for Action;
Ensure land is capable of containing onsite effluent disposal systems and that wastewater does not contaminate surface and groundwater quality
Pedestrian and vehicular provision that promotes accessibility, linkages and safety Provision of a full range of urban services other than reticulated sewerage Accessibility and linkages to open space, and consideration of how to enhance
existing linkages and open space When additional open space is to be provided rather than a monetary contribution,
provision of open space that is centrally located, accessible, safe and usable for recreational purposes
Quality urban environmental standards, including water sensitive urban design for stormwater and drainage storage and treatment, energy efficiency, landscaping, and protection and incorporation of natural features
Retention of existing native vegetation
MURRINDINDI PLANNING SCHEME
DEVELOPMENT PLAN OVERLAY - SCHEDULE 4 PAGE 1 OF 1
SCHEDULE 4 TO THE DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO4
Industrial
1.0 Requirements before a permit is granted
The Development Plan must:
Describe the relationship of uses proposed on the land to existing and proposed uses onadjoining land and proposed buffer areas separating land uses.
Provide appropriate arrangements for the provision and funding of necessary physical andsocial infrastructure.
Identify the staging and anticipated timing of development. Provide an overall scheme of landscaping and any necessary arrangements for the preservation
or regeneration of existing vegetation. Provide suitable linkages between highways, major roads and urban areas. Provide a soil and water report with all applications to demonstrate the capacity of
infrastructure to service the development, treat and retard stormwater, and reduce any impactssoil and water downstream of the development.
Any proposal or Planning Permit for subdivision or development on land at 32 McKenzieStreet, Alexandra must include:
Design of buildings to include brick, stone or timber facades of a muted colour to enhancethe amenity of the land and area
Landscaping along the frontages of all lots adjoining Maroondah Highway, Binns McRaesRoad and Hall Street, to create a uniform and attractive appearance from these roads. Thislandscaping is to be completed as part of the subdivision of the land within six months oftitles being issued for lots created as part of the subdivision.
Landscaping with suitable trees and shrubs of all other land in the subdivision that isindicated as a landscaping plantation on any approved development plan for the land.Landscaping must include an effective visual barrier between the part of the site beingretained in the Rural Living zone and the remainder of the land. This landscaping is to becompleted as part of the subdivision of the land within six months of titles being issued forlots created as part of the subdivision.
Assessment of soil, water and native vegetation values in relation to UT Creek, including aminimum setback of at least 30 metres for all development from UT Creek. Anysubdivision proposal for the whole of the land described as 32 McKenzie Street, or anydevelopment proposal on any lot to be created adjacent to the UT Creek reserve, must bereferred in accordance with Section 55 of the Act to the referral authority specified inClause 66.04 or a schedule to that clause.
2.0 Conditions and requirements for permits
All Industrial development must be serviced with reticulated water and sewerage. All subdivision development must be serviced with sealed roads.
19/01/2006VC37
19/01/2006VC37
19/01/2006VC37
MURRINDINDI PLANNING SCHEME
DEVELOPMENT PLAN OVERLAY - SCHEDULE 5 PAGE 1 OF 2
SCHEDULE 5 TO THE DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO5
Business
1.0 Requirements before a permit is granted
Before any planning permit is granted for any use or development of land that the Development Plan Overlay 5 applies to, the responsible authority must consider and be satisfied that the following guidelines are met:
General requirements:
Any proposed use, subdivision or development:
Is consistent with any approved Development Plan
Is consistent with the conditions and requirements for permits, requirements for development plan and decision guidelines sections of this overlay schedule
Meets the objectives and recommendations of any approved urban design framework
Maintains and when possible, enhances road and pedestrian linkages
Allows practical and legal access to all lots in the area
Complements the area and caters for the needs of any identified future use or development
Provides required services to meet service authority standards
Provides quality urban environmental standards, including urban stormwater design and treatment, energy efficiency, landscaping, and protection and incorporation of natural features
Meets Murrindindi Shire Council road, drainage and infrastructure standards
Incorporates and meets the following urban design principles:
Urban design and layout in accordance with the objectives and recommendations of any approved urban design framework
Vehicular and pedestrian access, linkages and safety, including linkages to the surrounding road network
Site assessment and design response to ensure that subdivision and development is compatible with and is linked to adjoining land and the general area
A strong sense of place created by vibrancy of commercial space, pedestrian accessibility, vehicular accessibility and community safety
High Street, Yea requirements:
Any proposed use, subdivision or development: Meets the objectives and recommendations of the Yea Urban Design Framework, August
2003
Maximises internal road and pedestrian linkages in north – south and east – west directions, including pedestrian linkages between High and Snodgrass Streets
Provides layout that allows for safe and efficient access to existing land and buildings, including frontage and rear access for a range of customer, staff, loading / unloading and servicing purposes
05/04/2007 C13
05/04/2007 C13
MURRINDINDI PLANNING SCHEME
DEVELOPMENT PLAN OVERLAY - SCHEDULE 5 PAGE 2 OF 2
Darwin Street, Marysville requirements:
Any proposed use, subdivision or development: Meets the objectives and recommendations of the Marysville Urban Design Framework, 4 D
Form Pty Ltd, December 2001
Builds on and creates opportunities for commercial, cultural, tourism, civic and community activities with potential for compatible residential use
Creates opportunities and certainty for new and expanding activities to locate nearby the Marysville township’s most populated areas and main commercial area
Respects and maintains the existing grid pattern of existing subdivision in the Marysville township
Respects and strengthens the Marysville township’s urban design, built form, landscape, scenic views and townscape character
Provides pedestrian linkages between private land in the area with the Steavenson River to the north and east, Lyell Street to the west and Darwin Street to the south
Provides recreational, open space, ecological, civic and pedestrian corridor along Steavenson River to form part of a new riverside and wetlands park that links the northern and southern end of the Marysville township and extends the pedestrian trail adjacent to the Steavenson River on private land to the north
Provides open space to protect the Steavenson river frontage and ecological values, establish ecological corridors and native vegetation buffers, provide continuous pedestrian linkages, maintain township character and views, and provide recreation land and opportunities
Maintains waterway setbacks and landscape qualities along the Steavenson River
2.0 Requirements for development plan
Any development plan for this land must outline and assess:
Site assessment and response, including natural features, slope, orientation, views, drainage lines, native vegetation and impact on neighbouring and nearby land
Proposed lot layout and location of buildings and works, including building envelopes if appropriate
Proposed internal road layout and external road access, including future road linkages, street lighting, and proposed road surfacing
Proposed lot layout, car parking areas, loading areas and location of buildings and works, including use of building envelopes
Existing and proposed car parking and loading areas, including provision for car parking for future development that may occur on the land
All servicing, including water, sewerage, drainage and stormwater, electricity and telecommunications
Existing and future open space, including linkages to and between areas of open space and linkages along existing waterways
Landscaping, existing native vegetation and streetscape treatment
The stages, if any, in which the land is to be subdivided and developed
05/04/2007 C13
MURRINDINDI PLANNING SCHEME
DEVELOPMENT PLAN OVERLAY - SCHEDULE 6 PAGE 1 OF 2
SCHEDULE 6 TO THE DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO6
Rural Living Zone, Kinglake West and Pheasant Creek
1.0 Requirement before a permit is granted
A planning permit may be granted for a single dwelling before a development plan has been prepared to the satisfaction of the responsible authority.
Before any planning permit is granted for any use or development of land that the Development Plan Overlay 5 applies to, other than for the resubdivision of two existing lots, the responsible authority must consider and be satisfied that the following decision guidelines and performance measures are met, as appropriate:
The proposed use and/or development is consistent with any approved Development Plan and this overlay schedule
Site assessment and design response that addresses site constraints and opportunities, incorporates natural features and achieves environmentally sustainable subdivision and development
Future lots and dwelling locations determined through a detailed land capability assessment, prepared in accordance with the EPA publication 746.1 Land Capability Assessment for Onsite Domestic Wastewater Management, March 2003, that establishes that all effluent from the land and development can be treated, retained and disposed of on the land to comply with the State Environment Protection Policy - Waters of Victoria and the Septic Tanks Code of Practice, March 2003
Provision of a range of services, including water supply (for domestic, stock and fire fighting purposes) roads, drainage, telecommunications and reticulated electricity or alternative energy supply to Murrindindi Shire Council and service authority standards
Protection for and continued operation of the existing broiler farm on the eastern side of Pheasant Creek Road and compliance with the Victorian Code for Broiler Farms. This protection and operation must be achieved through the provision of a 300 metre buffer from the farm operation and buildings where no dwellings are to be located.
Protection of remnant native vegetation, including incorporation of remnant native vegetation areas into lineal public open space
Provision of road networks, pedestrian and bicycle linkages, equestrian trails, open space and recreational and environmental corridor linkages, as required
Protection of waterways, including the provision of buffer strips of undisturbed vegetation of 30 metres minimum width and 30 metre minimum setbacks of all buildings from waterways
Protection of significant ridgelines and landscapes
2.0 Requirements for development plan
Any development plan for this land should outline and assess, as appropriate:
Site analysis and response, including natural features, slope, orientation, views, waterways and drainage lines, native vegetation, and impact on neighbouring and nearby land
Agricultural and other rural uses of the land, adjoining land and nearby land Proposed lot layout and density, including building envelopes or exclusion areas, and effluent
disposal envelopes, if appropriate Building envelopes for proposed subdivision in the vicinity of the existing broiler farm on the
eastern side of Pheasant Creek Road, indicating all future building sites to be a minimum of 300 metres from the broiler farm operations and buildings
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Internal road layout and external road access, including future road linkages, proposed road surfacing and standards and any necessary road upgrading that may be required
Open space, recreation linkages and environmental corridors All servicing, including water (for domestic, stock and fire fighting purposes), drainage and
stormwater, electricity and telecommunications Effluent disposal requirements based on a detailed land capability assessment Landscape, including protection of ridgelines and need for landscaping Existing native vegetation protection and enhancement Relationship, effect and linkages of proposed use and development of the land to uses and
developments on adjoining land and nearby land The stages, if any, in which the land is to be subdivided and developed Any adopted strategic plan or urban design framework for the area, including compliance
with the vision, objectives, strategic directions and actions of the Kinglake Flowerdale Integrated Strategy Plan, March 2003
Compliance with the Victorian Code for Broiler Farms in the Pheasant Creek Road area The requirements, if any, of VicRoads
LAND MANAGEMENT OVERLAYS PAGE 1 OF 1
44 LAND MANAGEMENT OVERLAYS19/01/2006VC37
EROSION MANAGEMENT OVERLAY PAGE 1 OF 5
44.01 EROSION MANAGEMENT OVERLAY
Shown on the planning scheme map as EMO with a number (if shown).
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To protect areas prone to erosion, landslip or other land degradation processes, byminimising land disturbance and inappropriate development.
44.01-1 Buildings and works
A permit is required to construct a building or construct or carry out works.
This does not apply if a schedule to this overlay specifically states that a permit is notrequired.
44.01-2 Vegetation removal
A permit is required to remove, destroy or lop any vegetation. This does not apply:
If a schedule to this overlay specifically states that a permit is not required.
If the table to Clause 44.01-3 specifically states that a permit is not required.
To the removal, destruction or lopping of native vegetation in accordance with a nativevegetation precinct plan specified in the schedule to Clause 52.16.
44.01-3 Table of exemptions
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Regrowth The vegetation is regrowth which has naturally established orregenerated on land lawfully cleared of naturally establishedvegetation and is within the boundary of a timber productionplantation, as indicated on a Plantation Development Notice orother documented record, and has established after theplantation.
This exemption does not apply to land on which vegetation hasbeen cleared or otherwise destroyed or damaged as a result offlood, fire or other natural disaster.
Bracken The vegetation is bracken (Pteridium esculentum) which hasnaturally established or regenerated on land lawfully cleared ofnaturally established vegetation.
This exemption does not apply to land on which vegetation hasbeen cleared or otherwise destroyed or damaged as a result offlood, fire or other natural disaster.
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No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Noxious weeds The vegetation is a noxious weed the subject of a declarationunder section 58 or section 58A of the Catchment and LandProtection Act 1994. This exemption does not apply to AustralianDodder (Cuscuta australis).
Pest animal
burrows
The vegetation is to be removed, destroyed or lopped to enablethe removal of pest animal burrows.
In the case of native vegetation the written agreement of anofficer of the Department responsible for administering the Floraand Fauna Guarantee Act 1988 is required before the vegetationcan be removed, destroyed or lopped.
Land use
conditions
The vegetation is to be removed, destroyed or lopped to complywith a land use condition served under the Catchment and LandProtection Act 1994.
Land management
notices
The vegetation is to be removed, destroyed or lopped to complywith land management notice issued under the Catchment andLand Protection Act 1994.
Planted vegetation The vegetation has been planted or grown as a result of directseeding for Crop raising or Extensive animal husbandry.
Emergency works The vegetation presents an immediate risk of personal injury ordamage to property and only that part of vegetation whichpresents the immediate risk is removed, destroyed or lopped.
The vegetation is to be removed, destroyed or lopped by a publicauthority or municipal council to create an emergency access orto enable emergency works.
Fire protection The vegetation is to be removed, destroyed or lopped for themaking of a fuelbreak by or on behalf of a public authority inaccordance with a strategic fuelbreak plan approved by theSecretary of the Department of Sustainability and Environment.The maximum width of a fuelbreak must not exceed 40 metres.
The vegetation is to be removed, destroyed or lopped for firefighting measures, periodic fuel reduction burning, or the makingof a fuel break up to 6 metres wide.
The vegetation is ground fuel within 30 metres of a building.
The vegetation is to be removed, destroyed or lopped inaccordance with a fire prevention notice under:
Section 65 of the Forests Act 1958.
Section 41 of the Country Fire Authority Act 1958.
Section 8 of the Local Government Act 1989.
The vegetation is to be removed, destroyed or lopped to keep thewhole or any part of any vegetation clear of an electric line inaccordance with a code of practice prepared under Part 8 of the
EROSION MANAGEMENT OVERLAY PAGE 3 OF 5
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Electricity Safety Act 1998.
The vegetation is to be removed, destroyed or lopped inaccordance with any code of practice prepared in accordancewith Part 8 of the Electricity Safety Act 1998 in order to minimisethe risk of bushfire ignition in the proximity of electricity lines.
Surveying The vegetation is to be removed, destroyed or lopped forestablishing sight-lines for the measurement of land by surveyorsin the exercise of their profession, and if using hand-held tools.
Public roads The vegetation is to be removed, destroyed or lopped to maintainthe safe and efficient function of an existing public road managedby the relevant responsible road authority (as defined by theRoad Management Act 2004) in accordance with the writtenagreement of the Secretary of the Department of Sustainabilityand Environment.
Railways The vegetation is to be removed, destroyed or lopped to maintainthe safe and efficient function of an existing railway or railwayaccess road, in accordance with the written agreement of theSecretary of the Department of Sustainability and Environment.
Extractive industry The vegetation is to be removed, destroyed or lopped to enablethe carrying out of Extractive industry in accordance with a workplan approved under the Extractive Industries Development Act1995 and authorised by a work authority granted under that Act.
Search for stone The vegetation is to be removed, destroyed or lopped to enablethe carrying out of the Search for stone.
The maximum extent of vegetation removed, destroyed or loppedunder this exemption on contiguous land in the same ownershipin a five year period must not exceed any of the following:
1 hectare of vegetation which does not include a tree.
15 trees if each tree has a trunk diameter of less than 40centimetres at a height of 1.3 metres above ground level.
5 trees if each tree has a trunk diameter of 40 centimetres ormore at a height of 1.3 metres above ground level.
This exemption does not apply to vegetation to be removed,destroyed or lopped to enable costeaning and bulk samplingactivities.
Mining The vegetation is to be removed, destroyed or lopped to enablethe carrying out of Mining in accordance with a work planapproved under the Mineral Resources (SustainableDevelopment) Act 1990 and authorised by a work authoritygranted under that Act.
Mineral
Exploration
The vegetation is to be removed, destroyed or lopped to enablethe carrying out of Mineral exploration.
EROSION MANAGEMENT OVERLAY PAGE 4 OF 5
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Geothermal
energy exploration
and extraction
The vegetation is to be removed, destroyed or lopped to enablethe carrying out of geothermal energy exploration or extraction inaccordance with the Geothermal Energy Resources Act 2005.
44.01-4 Subdivision
A permit is required to subdivide land.
44.01-5 Application requirements
An application must be accompanied by any information specified in a schedule to thisoverlay and information showing:
The existing site conditions, including land gradient and the extent of any existingerosion, landslip or other land degradation.
The extent of any proposed earthworks.
The means proposed to stabilise disturbed areas.
44.01-6 Exemption from notice and review
An application under this overlay is exempt from the notice requirements of Section52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the reviewrights of Section 82(1) of the Act.
44.01-7 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Regional Catchment Strategy (Catchment and Land Protection Act 1994).
Environmental Guidelines for Major Construction Sites, Environment ProtectionAuthority, February 1996.
Construction Techniques for Sediment Pollution Control, Environment ProtectionAuthority, May 1991.
Control of Erosion on Construction Sites, Soil Conservation Authority.
Your Dam, an Asset or a Liability, Department of Conservation and Natural Resources.
Any proposed measures to manage concentrated runoff and site drainage.
Any proposed measures to minimise the extent of soil disturbance.
Whether the removal of vegetation will increase the possibility of erosion, thesusceptibility to landslip or other land degradation processes, and whether such removalis consistent with sustainable land management.
The need to stabilise disturbed areas by engineering works or revegetation.
Whether the land is capable of providing a building envelope which is not subject tohigh or severe erosion concern.
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Whether buildings or works are likely to cause erosion or landslip.
Whether access and servicing of the site or building envelope is likely to result inerosion or landslip.
Land Capability Report (if prepared) as developed by the Department of Sustainabilityand Environment, Centre for Land Protection Resource.
Any technical information or reports required to be provided by a schedule to thisoverlay.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affect theuse and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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EROSION MANAGEMENT OVERLAY - SCHEDULE PAGE 1 OF 1
SCHEDULE TO THE EROSION MANAGEMENT OVERLAY
Shown on the planning scheme map as EMO
1.0 Permit requirement
No planning permit is required for: Any alterations or additions to an existing dwelling, provided the proposed floor area is not
greater than 100 percent of the existing floor area Any alterations or additions to an existing dwelling, provided that any cut and fill of land for
the proposal does not exceed a maximum height and depth of 1 metre Any outbuilding or extension to an outbuilding associated with an existing dwelling on the
land or the use of agriculture when the outbuilding does not exceed 200 square metres andprovided that any cut and fill of land for the proposal does not exceed a maximum height anddepth of 1 metre
Works associated with timber production Any agricultural development or activity, including cultivation and fencing. This does not
include the construction of any dam. Any sign A swimming pool A low impact telecommunications facility Extensions or alterations to existing caravans, annexes and on site cabins used in conjunction
with an existing ‘camping and caravan park’ Any dead vegetation, exotic vegetation or native vegetation if that vegetation is seedlings or
regrowth less than 10 years old and if the land is being re-established or maintained forcultivation or pasture
Any buildings, works or removal, destruction or lopping of any vegetation by any governmentdepartment, public authority or Murrindindi Shire Council for the purposes of any public orlocal government utility, service, works or facility
Any development or works in accordance with any approved management plan adopted by theresponsible authority or the Department of Sustainability and Environment
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44.03 FLOODWAY OVERLAY
Shown on the planning scheme map as FO or RFO with a number (if shown).
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify waterways, major floodpaths, drainage depressions and high hazard areas whichhave the greatest risk and frequency of being affected by flooding.
To ensure that any development maintains the free passage and temporary storage offloodwater, minimises flood damage and is compatible with flood hazard, local drainageconditions and the minimisation of soil erosion, sedimentation and silting.
To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989 if adeclaration has been made.
To protect water quality and waterways as natural resources in accordance with theprovisions of relevant State Environment Protection Policies, and particularly in accordancewith Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).
To ensure that development maintains or improves river and wetland health, waterwayprotection and flood plain health.
44.03-1 Buildings and works
A permit is required to construct a building or to construct or carry out works, including:
A fence.
Roadworks.
Bicycle pathways and trails.
Public toilets.
A domestic swimming pool or spa and associated mechanical and safety equipment ifassociated with one dwelling on a lot.
Rainwater tank with a capacity of not more than 4500 litres.
A pergola or verandah, including an open-sided pergola or verandah to a dwelling witha finished floor level not more than 800mm above ground level and a maximumbuilding height of 3 metres above ground level.
A deck, inlcuding a deck to a dwelling with a finished floor level not more than 800mmabove ground level.
A non-domestic disabled access ramp
This does not apply:
If a schedule to this overlay specifically states that a permit is not required.
To flood mitigation works carried out by the responsible authority or floodplainmanagement authority.
To the following works in accordance with plans prepared to the satisfaction of theresponsible authority:
The laying of underground sewerage, water and gas mains, oil pipelines,underground telephone lines and underground power lines provided they do not alterthe topography of the land.
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The erection of telephone or power lines provided they do not involve theconstruction of towers or poles.
To post and wire and post and rail fencing.
44.03-2 Subdivision
A permit is required to subdivide land. A permit may only be granted to subdivide land ifthe following apply:
The subdivision does not create any new lots, which are entirely within this overlay.This does not apply if the subdivision creates a lot, which by agreement between theowner and the relevant floodplain management authority, is to be transferred to anauthority for a public purpose.
The subdivision is the resubdivision of existing lots and the number of lots is notincreased, unless a local floodplain development plan incorporated into this schemespecifically provides otherwise.
44.03-3 Application requirements
Local floodplain development plan
If a local floodplain development plan has been developed for the area and has beenincorporated into this scheme, an application must be consistent with the plan.
Flood risk report
If a local floodplain development plan for the area has not been incorporated into thisscheme, an application must be accompanied by a flood risk report to the satisfaction of theresponsible authority, which must consider the following, where applicable:
The State Planning Policy Framework and the Local Planning Policy Framework.
The existing use and development of the land.
Whether the proposed use or development could be located on flood-free land or landwith a lesser flood hazard outside this overlay.
The susceptibility of the development to flooding and flood damage.
The potential flood risk to life, health and safety associated with the development.Flood risk factors to consider include:
The frequency, duration, extent, depth and velocity of flooding of the site andaccessway.
The flood warning time available.
The danger to the occupants of the development, other floodplain residents andemergency personnel if the site or accessway is flooded.
The effect of the development on redirecting or obstructing floodwater, stormwater ordrainage water and the effect of the development on reducing flood storage andincreasing flood levels and flow velocities.
The effects of the development on river health values including wetlands, naturalhabitat, stream stability, erosion, environmental flows, water quality and sites ofscientific significance.
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44.03-4 Exemption from notice and review
An application under this overlay is exempt from the notice requirements of Section52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the reviewrights of Section 82(1) of the Act.
44.03-5 Referral of applications
An application must be referred to the relevant floodplain management authority underSection 55 of the Act unless in the opinion of the responsible authority the proposalsatisfies requirements or conditions previously agreed in writing between the responsibleauthority and the floodplain management authority.
44.03-6 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The local floodplain development plan or flood risk report.
Any comments of the relevant floodplain management authority.
The Victorian River Health Strategy (2002) and any relevant regional river healthstrategy and associated wetland plan.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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FLOODWAY OVERLAY – SCHEDULE PAGE 1 OF 2
SCHEDULE TO THE FLOODWAY OVERLAY
Shown on the planning scheme map as FO
1.0 Permit requirement
A permit is not required to construct or carry out the following buildings or works:
a single or multiple industrial, retail or office building extension where the combined ground floor area of the extension since 1st October 1998 is not greater than 100 m2;
a single or multiple dwelling extension where the combined ground floor area of the extension since 1st October 1998 is not greater than 20 m²;
an upper storey extension to an existing building within the existing building footprint;
a pergola, veranda, decking, garage, carport or domestic shed associated with an existing dwelling;
an in-ground swimming pool with open style security fencing associated with an existing dwelling;
a pump shed;
a wooden or metal paling fence or cyclone mesh fence in a residential, business or industrial zone (not including a brick, masonry, or concrete wall);
an agricultural shed (other than one used for industrial, retail or office purposes) for the storage of farm machinery, farm vehicles and workshop associated with a rural use in a rural zone with a floor area not more than 100 m2;
a sportsground, racecourse or recreation area (with no permanent grandstand or raised viewing area), pathways and trails constructed at general natural surface elevation, playground, open picnic shelter, picnic table, drinking tap, rubbish bin, barbecue, works associated with an apiary or underground infrastructure;
an outdoor advertising sign/structure;
a mast, antenna, lighting or telecommunications tower;
an accessway constructed at general natural surface elevations; and
roadworks carried out by a public authority.
2.0 Decision Guidelines – Murrindindi Local Floodplain Development Plan
In addition to the Decision Guidelines in Clause 44.03-5, before deciding on an application, the responsible authority must consider the following relevant local floodplain development plan, which has been incorporated at Clause 81 of this scheme, as indicated on the attached plan:
Murrindindi Local Floodplain Development Plan, Precinct of Goulburn River, May 2008.
3.0 Referral of applications
An application is not required to be referred to the floodplain management authority pursuant to Section 55 of the Planning and Environment Act 1987 if the application is in accordance with a local floodplain development plan that has been incorporated at Clause 81 of this scheme.
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MURRINDINDI LOCAL FLOODPLAIN DEVELOPMENT PLAN
Roads Precinct Boundary
LSIO Region
FO Region
The above Murrindindi Local Floodplain Development Plan is an incorporated document at Clause 81 of the Murrindindi Planning Scheme which contains flood information and specific development requirements. This map showing FO & LSIO areas is indicative only and not to be used as a substitute over the planning scheme maps.
PRECINCT OF GOULBURN RIVER
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LAND SUBJECT TO INUNDATION OVERLAY PAGE 1 OF 3
44.04 LAND SUBJECT TO INUNDATION OVERLAY
Shown on the planning scheme map as LSIO with a number (if shown).
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood orany other area determined by the floodplain management authority.
To ensure that development maintains the free passage and temporary storage offloodwaters, minimises flood damage, is compatible with the flood hazard and localdrainage conditions and will not cause any significant rise in flood level or flow velocity.
To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where adeclaration has been made.
To protect water quality in accordance with the provisions of relevant State EnvironmentProtection Policies, particularly in accordance with Clauses 33 and 35 of the StateEnvironment Protection Policy (Waters of Victoria).
To ensure that development maintains or improves river and wetland health, waterwayprotection and flood plain health.
44.04-1 Buildings and works
A permit is required to construct a building or to construct or carry out works, including:
A fence.
Roadworks.
Bicycle pathways and trails.
Public toilets.
A domestic swimming pool or spa and associated mechanical and safety equipment ifassociated with one dwelling on a lot.
Rainwater tank with a capacity of not more than 4500 litres.
A pergola or verandah, including an open-sided pergola or verandah to a dwelling witha finished floor level not more than 800mm above ground level and a maximumbuilding height of 3 metres above ground level.
A deck, including a deck to a dwelling with a finished floor level not more than 800mmabove ground level.
A non-domestic disabled access ramp
This does not apply:
If a schedule to this overlay specifically states that a permit is not required.
To flood mitigation works carried out by the responsible authority or floodplainmanagement authority.
To the following works in accordance with plans prepared to the satisfaction of theresponsible authority:
The laying of underground sewerage, water and gas mains, oil pipelines,underground telephone lines and underground power lines provided they do not alterthe topography of the land.
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LAND SUBJECT TO INUNDATION OVERLAY PAGE 2 OF 3
The erection of telephone or power lines provided they do not involve theconstruction of towers or poles.
To post and wire and post and rail fencing.
44.04-2 Subdivision
A permit is required to subdivide land.
44.04-3 Application requirements
Local floodplain development plan
If a local floodplain development plan has been developed for the area and has beenincorporated into this scheme, an application must be consistent with the plan.
44.04-4 Exemption from notice and review
An application under this overlay is exempt from the notice requirements of Section52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the reviewrights of Section 82(1) of the Act.
44.04-5 Referral of applications
An application must be referred to the relevant floodplain management authority underSection 55 of the Act unless in the opinion of the responsible authority, the proposalsatisfies requirements or conditions previously agreed in writing between the responsibleauthority and the floodplain management authority.
44.04-6 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
Any local floodplain development plan.
Any comments from the relevant floodplain management authority.
The existing use and development of the land.
Whether the proposed use or development could be located on flood-free land or landwith a lesser flood hazard outside this overlay.
The susceptibility of the development to flooding and flood damage.
The potential flood risk to life, health and safety associated with the development.Flood risk factors to consider include:
The frequency, duration, extent, depth and velocity of flooding of the site andaccessway.
The flood warning time available.
The danger to the occupants of the development, other floodplain residents andemergency personnel if the site or accessway is flooded.
The effect of the development on redirecting or obstructing floodwater, stormwater ordrainage water and the effect of the development on reducing flood storage andincreasing flood levels and flow velocities.
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The effect of the development on river health values including wetlands, natural habitat,stream stability, erosion, environmental flows, water quality and sites of scientificsignificance.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
MURRINDINDI PLANNING SCHEME
LAND SUBJECT TO INUNDATION OVERLAY – SCHEDULE PAGE 1 OF 3
SCHEDULE TO THE LAND SUBJECT TO INUNDATION OVERLAY
Shown on the planning scheme map as LSIO
1.0 Permit requirement
A permit is not required to construct or carry out the following buildings or works:
a new dwelling within Residential 1 Zone (R1Z) of Yea where the floor level is at least 300 millimetres above the designated 100-year ARI flood level as shown on the Goulburn Broken Catchment Management Authority Plan No. 504256, or a higher level set by the responsible authority;
a new industrial, retail, or office building within any industrial or business zone of Yea where the floor level is at least 300 millimetres above the designated 100-year ARI flood level as shown on the Goulburn Broken Catchment Management Authority Plan No. 504256, or a higher level set by the responsible authority;
a replacement dwelling where the floor level is at least 300 mm above the 100-year ARI flood level, or a higher level set by the responsible authority;
a single or multiple dwelling extension where:
the combined ground floor area of the extension since 6th May 1999 is not greater than 20 m²; or
the owner can demonstrate to the satisfaction of the responsible authority that the floor height of the proposed dwelling extension/s is at least 300 millimetres above the 100-year ARI flood at the date of enquiry;
an upper storey extension to an existing building within the existing building footprint;
a pergola, veranda, decking, garage, carport, domestic shed or swimming pool associated with an existing dwelling;
an extension to an existing industrial, retail or office building provided that the total ground floor area of the building is less than 130 m²;
a fence in a residential, business or industrial zone;
open type fencing (not including solid fences such as wooden or metal paling fences, cyclone mesh fences or brick, stone or concrete wall);
an outdoor advertising sign/structure;
a pump shed;
a hay shed with open sides;
an agricultural shed (other than one used for industrial, retail or office purposes) for the storage of farm machinery, farm vehicles and workshop associated with a rural use in a rural zone with a floor area not more than 130 m2;
a sportsground, racecourse or recreation area (with no permanent grandstand or raised viewing area), pathways and trails constructed at general natural surface elevation, playground, open picnic shelter, picnic table, drinking tap, rubbish bin, barbecue, works associated with an apiary or underground infrastructure;
a mast, antenna or telecommunications tower;
an accessway constructed at general natural surface elevations; and
roadworks carried out by a public authority.
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LAND SUBJECT TO INUNDATION OVERLAY – SCHEDULE PAGE 2 OF 3
2.0 Decision Guidelines – Murrindindi Local Floodplain Development Plan
In addition to the Decision Guidelines in Clause 44.04-5, before deciding on an application, the responsible authority must consider the following relevant local floodplain development plan, which has been incorporated at Clause 81 of this scheme, as indicated on the attached plan:
Murrindindi Local Floodplain Development Plan, Precinct of Goulburn River, May 2008.
3.0 Referral of applications
An application is not required to be referred to the floodplain management authority pursuant to Section 55 of the Planning and Environment Act 1987 if the application is in accordance with a local floodplain development plan that has been incorporated at Clause 81 of this scheme.
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LAND SUBJECT TO INUNDATION OVERLAY – SCHEDULE PAGE 3 OF 3
MURRINDINDI LOCAL FLOODPLAIN DEVELOPMENT PLAN
Roads Precinct Boundary
LSIO Region
FO Region
The above Murrindindi Local Floodplain Development Plan is an incorporated document at Clause 81 of the Murrindindi Planning Scheme which contains flood information and specific development requirements. This map showing FO & LSIO areas is indicative only and not to be used as a substitute over the planning scheme maps.
PRECINCT OF GOULBURN RIVER
LAND SUBJECT TO INUNDATION OVERLAY – SCHEDULE
44.06 WILDFIRE MANAGEMENT OVERLAY 12/03/2009 VC54
Shown on the planning scheme map as WMO.
Purpose
To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas where the intensity of wildfire is significant and likely to pose a threat to life and property.
To ensure that development which is likely to increase the number of people in the overlay area:
Satisfies the specified fire protection objectives.
Does not significantly increase the threat to life and surrounding property from wildfire. To detail the minimum fire protection outcomes that will assist to protect life and property from the threat of wildfire.
44.06-1 Buildings and works
Permit requirement 12/03/2009 VC54
A permit is required to construct a building or construct or carry out works associated with the following uses:
Accommodation
Child care centre
Education centre
Hospital
Industry
Place of assembly
Retail premises
Timber production This does not apply to any of the following:
A building or works associated with a dwelling that is sited in the same location on the land as a dwelling that was damaged or destroyed by bushfire that occurred after 1 January 2009. The construction of the building or the construction or carrying out of the works must commence prior to 31 March 2011.
A building or works consistent with a fire risk management plan, where the fire risk management plan has been prepared to the requirements of the relevant fire authority and has been submitted to, and is to the satisfaction of, the responsible authority prior to the commencement of building or works.
An alteration or extension to an existing building used for accommodation less than 50% of the floor area of the existing building.
A building or works with a floor area of less than 100 square metres ancillary to a dwelling not used for accommodation.
WILDFIRE MANAGEMENT OVERLAY PAGE 1 OF 5
Application requirement
An application to construct a building or construct or carry out works must be accompanied by a statement which demonstrates that all fire protection requirements for water supply, access, buildings and works, vegetation and any other relevant matter have been considered and incorporated. The statement must show how the following objectives and outcomes are achieved, as appropriate:
Water supply
OBJECTIVE OUTCOME
To ensure that water is available to landholders and emergency services to enable life and property to be defended from wildfire.
A reticulated or non-reticulated water supply must provide a water discharge to provide an appropriate level of protection to assets.
The water supply must be maintained, accessible and able to be effectively employed for personal and fire brigade use at all times.
The water supply system must include an outlet and connectors compatible with standard fire brigade equipment.
Access
OBJECTIVE OUTCOME
To ensure that safe access is provided for emergency and other vehicles at all times.
Appropriate access to, and surrounding, the property and the water supply must be provided to allow emergency and other vehicles to traverse with ease and safety.
The property has a road that provides suitable access for emergency vehicles and which:
Has adequate width and a stable surface, with no horizontal or vehicle encroachments which restrict emergency vehicles.
Is not a dead-end road, unless there are adequate passing bays.
Is sufficient to allow two vehicles to pass or has adequate passing bays.
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Buildings and works
OBJECTIVE OUTCOME
To ensure that the design and siting of buildings and works improves protection for life and minimises the level of fire impact.
The design and siting of any building or works, including outbuildings, driveways, vegetation and storage areas for flammable materials, must minimise the fire risk to life and property.
The design of any building must incorporate fire protection construction features to prevent the entry and build up of embers to the building and reduce the likelihood of direct flame contact.
The siting of any building in relation to slope, access, aspect, orientation and vegetation must minimise the fire risk to life and property.
Vegetation
OBJECTIVE OUTCOME
To ensure that fuel (ground fuel and shrubs) is managed to reduce potential fire intensity in the vicinity of buildings.
A building protection zone, landscaped to reduce fuel load, distribution and continuity, must be established to inhibit the spread of fire and minimise the fire risk to life and property.
44.06-2 Subdivision
Permit requirement
A permit is required to subdivide land.
Application requirements
An application for subdivision must be accompanied by a statement which demonstrates that all fire protection requirements for protective features, access, water supply, public open space and vegetation have been considered and incorporated. The statement must show how the following objectives and outcomes are achieved, as appropriate.
Protective Features
OBJECTIVE OUTCOME
To ensure that the level of protection from fire in terms of the level of fire risk and potential loss of life is reduced by the design, siting and layout of the subdivision.
Topographical features must be utilised to best advantage to prevent the spread of wildfire both into the subdivision and within the subdivision.
The subdivision must be designed so that the building protection zone is separated from the hazard by a fuel modified buffer zone.
A building protection zone must be maintained by planning the subdivision to allow for the setback of buildings within the building envelope.
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WILDFIRE MANAGEMENT OVERLAY PAGE 3 OF 5
Access
OBJECTIVE OUTCOME
To ensure that both public and private access is designed to provide safe access for emergency and other vehicles at all times.
Access to and within the subdivision must take into account:
The type and density of development.
The type and source of fire hazard.
The requirements of emergency vehicles.
The need to provide for simultaneous evacuation.
The road network should provide at least two access options.
Water requirements
OBJECTIVE OUTCOME
To ensure adequate quantities of water are available to landholders or emergency services to enable life and property to be defended from fire.
Reticulated areas
If the subdivision has provision for a reticulated water supply, the minimum water flow rate measured at any hydrant must not be less than 270 litres/minute.
If the building envelope is more than 130 metres from the nearest hydrant, a supply of static water on site or an additional street hydrant or hydrant must be supplied.
Non-reticulated areas
A supply of water solely for fire-fighting purposes must be maintained in an accessible location at all times.
Public Open Space
OBJECTIVE OUTCOME
To provide a fuel managed buffer between a potential or existing fire hazard and subdivision.
Areas of public open space should be used as a fuel modification buffer zone where appropriate.
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Vegetation
OBJECTIVE OUTCOME
To ensure that the subdivision is designed to recognise the effect of vegetation on the level of fire intensity.
The design of the subdivision must consider:
The location of vegetation in relation to existing and potential building envelopes and its potential to increase the fire risk to property.
The ability of vegetation to be used as a windbreak to protect buildings from radiated heat and windblown debris.
44.06-3 Referral of applications 19/01/2006 VC37 An application must be referred to the relevant fire authority under Section 55 of the Act
unless in the opinion of the responsible authority the proposal satisfies requirements or conditions previously agreed in writing between the responsible authority and the fire authority.
44.06-4 Exemption from notice and review 19/01/2006 VC37 An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
44.06-5 Decision guidelines 19/01/2006 VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The views of the relevant fire authority.
Whether the design and siting of any proposed building, works or access road appropriately meets the objectives and outcomes of this overlay.
Any adopted municipal fire prevention plan.
The principles and guidelines included in:
Design and Siting Guidelines, Bushfire Protection for Rural Houses, Country Fire Authority and Ministry for Planning and Environment, 1990.
Planning Conditions and Guidelines for Subdivisions, Country Fire Authority, 1991.
Building in Bushfire-Prone Areas - CSIRO & Standards Australia (SAA HB36-1993), May 1993.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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ENVIRONMENTAL AUDIT OVERLAY PAGE 1 OF 1
45.03 ENVIRONMENTAL AUDIT OVERLAY
Shown on the planning scheme map as EAO
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To ensure that potentially contaminated land is suitable for a use which could besignificantly adversely affected by any contamination.
45.03-1 Requirement
Before a sensitive use (residential use, child care centre, pre-school centre or primaryschool) commences or before the construction or carrying out of buildings and works inassociation with a sensitive use commences, either:
A certificate of environmental audit must be issued for the land in accordance with PartIXD of the Environment Protection Act 1970, or
An environmental auditor appointed under the Environment Protection Act 1970 mustmake a statement in accordance with Part IXD of that Act that the environmentalconditions of the land are suitable for the sensitive use.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affect theuse and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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RESTRUCTURE OVERLAY PAGE 1 OF 2
45.05 RESTRUCTURE OVERLAY
Shown on the planning scheme map as RO with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To identify old and inappropriate subdivisions which are to be restructured.
To preserve and enhance the amenity of the area and reduce the environmental impacts ofdwellings and other development.
45.05-1 Subdivision
A permit is required to subdivide land.
A subdivision must be in accordance with a restructure plan for the land listed in theschedule to this overlay. This does not apply if the subdivision is for one of the followingpurposes and no additional lots or subdivision potential is created:
To realign boundaries between lots that have been consolidated in accordance with therestructure plan.
To consolidate a restructure lot with a section of closed road or other land not includedin a proposed restructure lot.
Each lot must be provided with reticulated sewerage if available. If reticulated sewerage isnot available, the application must be accompanied by: A land assessment report which demonstrates that each lot is capable of treating and
retaining all waste water in accordance with the State Environment Protection Policy(Waters of Victoria) under the Environment Protection Act 1970.
A plan which indicates the building envelope and effluent disposal area for each lot.Before deciding on an application to subdivide land into residential lots, the responsibleauthority must consider Clause 56.
45.05-2 Dwellings and other buildings
A permit is required to construct or extend a dwelling or other building.
A permit must be in accordance with a restructure plan for the land listed in a schedule tothis overlay. This does not apply if:
No restructure plan is listed in the schedule and the permit is required to extend anexisting dwelling or other building.
The land is a lot for which a permit has been granted under Clause 45.05-1.
45.05-3 Exemption from notice and review
An application under this overlay is exempt from the notice requirements of Section52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the reviewrights of Section 82(1) of the Act.
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RESTRUCTURE OVERLAY PAGE 2 OF 2
45.05-4 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The objectives of the restructure plan for the area.
Appropriate measures to cope with any environmental hazard or constraint affecting theland, including slope, drainage, salinity and erosion.
The protection and enhancement of the natural environment and the character of thearea including the retention of vegetation and fauna habitats and the need to revegetatealong waterways, gullies, ridge lines and property boundaries.
The availability of utility services, including sewerage, water, drainage, electricity, gasand telecommunications.
The relationship of the intended use and development to the existing or likely use anddevelopment of adjoining and nearby land.
The effect on surrounding uses, especially agricultural uses and nearby public land.
The design of buildings.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement, for strategies and policies which may affectthe use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
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MURRINDINDI PLANNING SCHEME
SCHEDULE TO THE RESTRUCTURE OVERLAY 13/08/2009 C24
PS Map reference
Land Title of restructure plan
13RO Land in the Long Gully Road area, south of Flowerdale, being land on the northern side of Long Gully Road, around Broome Road and along Goat Track, adjacent to the Whittlesea-Yea Road.
Long Gully Road Area Restructure Plan
16RO Land generally in the Torbreck Street area, south of Taggerty, being land in Torbreck Street and land to the south along Murrindindi, Acheron, Mohican Streets and Maroondah Highway.
Torbreck Street Area Restructure Plan
19RO Land generally adjoining National Park Road and Pine Ridge Road, Kinglake West as indicated in the restructure plan.
National Park Road/Pine Ridge Road Restructure Plan
21RO Land generally adjoining Bald Spur Road, Grandview Crescent and Whittlesea-Kinglake Road, Kinglake East, as indicated in the restructure plan.
Grandview Crescent Restructure Plan
21RO Land generally adjoining Fairview Road, Hill Street, Parkside Road and Whittlesea-Kinglake Road, Kinglake East as indicated in the restructure plan.
Bayview Estate Restructure Plan
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RESTRUCTURE OVERLAY - SCHEDULE PAGE 2 OF 10
SCHEDULE TO THE RESTRUCTURE OVERLAY
PART A GENERAL PROVISIONS
Part A of this schedule applies to all land in the Restructure Overlay and to all of the following restructure plans incorporated as part of this schedule.
Dwellings and other buildings
Any proposal for a dwelling or other building must be in accordance with a restructure plan for the land.
Only one dwelling may be developed on each restructure lot. This requirement does not include a dependent person’s unit. A dependent person’s unit requires a planning permit.
Before the responsible authority may grant any planning permit for a dwelling in accordance with a restructure plan, all lots within the relevant restructure lot on which the dwelling is proposed must be consolidated and a title issued for the consolidated lot (restructure lot).
A planning permit is required for an outbuilding. A maximum of one outbuilding may be allowed on each restructure lot without a dwelling being located on the restructure lot. An outbuilding may be considered on an existing lot that is part of a proposed restructure lot on an approved restructure plan provided there is an existing dwelling on that lot.
In considering an application for an outbuilding, the responsible authority must be satisfied that the outbuilding is for domestic storage only. No outbuilding may be used for domestic occupation at any stage.
The responsible authority must forward any application for planning permit for a dwelling, other building or any other development for comment under Section 52 of the Planning and Environment Act 1987 to Goulburn Murray Water, Goulburn Broken Catchment Management Authority, Country Fire Authority, Department of Natural Resources and Environment and VicRoads.
Any application for planning permit for dwelling, other building or any other development must include potential building and effluent disposal envelopes, to the satisfaction of the responsible authority. Any planning permit that is issued must designate satisfactory building and effluent disposal envelopes.
Subdivision
Any proposal for subdivision must be in accordance with a restructure plan for the land.
No subdivision of land may take place that creates a new lot or potentially creates an additional dwelling.
A permit is required to realign the boundaries of existing lots. An application may only be made and approved for the realignment of existing boundaries when the proposal is generally in accordance with an approved restructure plan.
The responsible authority must forward any application for planning permit for a dwelling, other building or any other development for comment under Section 52 of the Planning and Environment Act 1987 to Goulburn Murray Water, Goulburn Broken Catchment Management Authority, Country Fire Authority, Department of Natural Resources and Environment and VicRoads.
Any application for planning permit for subdivision must include potential building envelopes, to the satisfaction of the responsible authority. Any planning permit that is issued must designate satisfactory building envelopes.
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MURRINDINDI PLANNING SCHEME
PART B LONG GULLY ROAD AREA, FLOWERDALE
The following provisions apply to restructure lots on the approved Restructure Plan for the Long Gully Road area, Flowerdale, outlined in Part D of this schedule:
Restructure Lot
Lot No. Vacant / occupied
Effect of Restructure Plan
1 Lots 3-6, LP 41701
Vacant Maximum of one new dwelling with a planning permit and consolidation of all lots
2 Lots 7 & 8, LP 41701
Existing dwelling Existing dwelling with consolidated lots
3 Lot 20 & Part 19, LP 15799
Vacant Maximum of one new dwelling with a planning permit and consolidation of all lots
4 Lot 18 & Part 19, LP 15799
Existing dwelling Existing dwelling with consolidated lots
5 Lot 17 LP 15799 &
Lot 50 LP 17989
Existing dwelling Existing dwelling with consolidated lots
6 Lots 54-56 LP 17989
Existing dwelling Existing dwelling with consolidated lots
7 Lot 57 LP 17989 (to be restructured with Part CA 45B, Parish of Flowerdale)
Vacant Provision of access to Part CA 45B Parish of Flowerdale
8 CP 160367 & Lot 11 LP 65968
Existing dwelling Existing dwelling with consolidated lots
9 Lots 9 & 10, LP 42975
Existing dwelling Existing dwelling with consolidated lots
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MURRINDINDI PLANNING SCHEME
PART C TORBRECK STREET AREA, TAGGERTY
The following provisions apply to restructure lots on the approved Restructure Plan for the Torbreck Street area, Taggerty, outlined in Part D of this schedule:
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Restructure Lot
Lot No. Vacant / occupied
Effect of Restructure Plan
1 CP165909 Existing dwelling Existing dwelling with consolidated lots
Lot 1 LP12294 Vacant
Lot 2 LP12294 Vacant
Lot 3 LP12294 Vacant
2 Lots 38 & 39 LP 12294
Existing dwelling Existing dwelling with consolidated lots
3 Lots 40, 41 & 42 LP 12294
Vacant Maximum of one new dwelling with a planning permit and consolidation of lots
Lot 43 LP 12294 Vacant
Lot 44 LP 12294 Vacant
Lot 45 LP 12294 Vacant
4 Lots 4 & 5 LP 12294
Existing dwelling Existing dwelling with consolidated lots
5 Lots 30 & 31 LP 12294
Existing dwelling Existing dwelling with consolidated lots
6 Lots 51 & 52 LP 12294
Vacant Maximum of one new dwelling with a planning permit and consolidation of lots
7 Lot 53 LP 12294 Vacant Existing dwelling with consolidated lots
Lot 54 LP 12294 Existing dwelling
8 Lots 49 & 50 LP 12294
Existing dwelling Existing dwelling with consolidated lots
9 Lot 6 LP 12294 Vacant Existing dwelling with consolidated lots
Lot 29 LP 12294 Existing dwelling
10 Lots 7 & 8 LP 12294
Vacant Maximum of one new dwelling with a planning permit and consolidation of lots
11 Lots 9, 10 & 11, LP 12294
Vacant Maximum of one new dwelling with a planning permit and consolidation of lots
12 Lots 12, 13, 14 & Vacant Maximum of one new dwelling with a planning permit and consolidation
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RESTRUCTURE OVERLAY - SCHEDULE PAGE 5 OF 10
Restructure Lot
Lot No. Vacant / occupied
Effect of Restructure Plan
23, LP 12294 of lots
13 Lots 24, 25 & 26, LP 12294
Vacant Maximum of one new dwelling with a planning permit and consolidation of lots
14 Lots 17, 18, 19, 20, 21 & 22, LP 12294
Existing dwelling Existing dwelling with consolidated lots
Lots 7 and 8, LP 12294 are indicated as being a restructure lot on the approved Restructure Plan for the Torbreck Street area, Taggerty, outlined in Part D of this schedule. These two lots may only be considered as a restructure lot, where a potential dwelling can be considered under a planning permit, if the restructure lot can be provided with suitable physical and legal access across the Maroondah Highway Road Reserve and / or adjoining private land, to the satisfaction of VicRoads and Murrindindi Shire Council.
MURRINDINDI PLANNING SCHEME
PART D RESTRUCTURE PLANS
LONG GULLY ROAD AREA RESTRUCTURE PLAN
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TORBRECK STREET AREA RESTRUCTURE PLAN
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NATIONAL PARK ROAD / PINE RIDGE ROAD RESTRUCTURE PLAN
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GRANDVIEW CRESCENT RESTRUCTURE PLAN
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RESTRUCTURE OVERLAY - SCHEDULE PAGE 10 OF 10
BAYVIEW ESTATE RESTRUCTURE PLAN
ParticularProvisions
PARTICULAR PROVISIONS - CLAUSE 50 PAGE 1 OF 1
50 PARTICULAR PROVISIONS
This section sets out Particular Provisions which apply to the matters specified. 19/01/2006 VC37
PARTICULAR PROVISIONS - CLAUSE 51 PAGE 1 OF 1
51 OPERATION OF PARTICULAR PROVISIONS
The requirements of these particular provisions apply to the specified categories of use anddevelopment and other matters in addition to any provisions which apply due to any otherprovision of this scheme.
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PARTICULAR PROVISIONS - CLAUSE 52 PAGE 1 OF 1
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PARTICULAR PROVISIONS - CLAUSE 52.01 PAGE 1 OF 1
52.01 PUBLIC OPEN SPACE CONTRIBUTION AND SUBDIVISION
A person who proposes to subdivide land must make a contribution to the council forpublic open space in an amount specified in the schedule to this clause (being a percentageof the land intended to be used for residential, industrial or commercial purposes, or apercentage of the site value of such land, or a combination of both). If no amount isspecified, a contribution for public open space may still be required under Section 18 of theSubdivision Act 1988.
A public open space contribution may be made only once for any of the land to besubdivided. This does not apply to the subdivision of a building if a public open spacerequirement was not made under Section 569H of the Local Government Act 1958 orSection 21A of the Building Control Act 1981 when the building was constructed.
A subdivision is exempt from a public open space requirement, in accordance with Section18(8) of the Subdivision Act 1988, if:
It is one of the following classes of subdivision: Class 1: The subdivision of a building used for residential purposes provided each
lot contains part of the building. The building must have been constructed or usedfor residential purposes immediately before 30 October 1989 or a planning permitmust have been issued for the building to be constructed or used for residentialpurposes immediately before that date.
Class 2: The subdivision of a commercial or industrial building provided each lotcontains part of the building.
It is for the purpose of excising land to be transferred to a public authority, council or aMinister for a utility installation.
It subdivides land into two lots and the council considers it unlikely that each lot will befurther subdivided.
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PARTICULAR PROVISIONS - CLAUSE 52.01 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 52.01
Type or location of subdivision Amount of contribution forpublic open space
None specified None specified
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PARTICULAR PROVISIONS - CLAUSE 52.02 PAGE 1 OF 1
52.02 EASEMENTS, RESTRICTIONS AND RESERVES
A permit is required before a person proceeds:
Under Section 23 of the Subdivision Act 1988 to create, vary or remove an easement orrestriction or vary or remove a condition in the nature of an easement in a Crown grant.
Under Section 24A of the Subdivision Act 1988.
Under Section 36 of the Subdivision Act 1988 to acquire or remove an easement orremove a right of way.
This does not apply:
If the action is required or authorised by the schedule to this clause.
In the circumstances set out in Section 6A(3) of the Planning and Environment Act1987.
If the person proceeds under Section 362A of the Land Act 1958.
In the case of a person proceeding under Section 36 of the Subdivision Act 1988, if thecouncil or a referral authority gives a written statement in accordance with Section36(1)(a) or (b) of that Act.
In this clause, restriction has the same meaning as in the Subdivision Act 1988.
Note: Section 23 of the Subdivision Act 1988 provides that either the council or the personbenefiting from the direction must lodge a certified plan at the Titles Office forregistration.
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PARTICULAR PROVISIONS - CLAUSE 52.02 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 52.02
1.0 Under Section 23 of the Subdivision Act 1988
Land Easement or restriction Requirement
None specified None specified None specified
2.0 Under Section 24A of the Subdivision Act 1988
Land Person Action
None specified None specified None specified
3.0 Under Section 36 of the Subdivision Act 1988
Land Easement or right of way Requirement
None specified None specified None specified
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PARTICULAR PROVISIONS - CLAUSE 52.03 PAGE 1 OF 1
52.03 SPECIFIC SITES AND EXCLUSIONS
Purpose
To recognise specific controls designed to achieve a particular land use and developmentoutcome existing on the approval date.
To provide in extraordinary circumstances specific controls designed to achieve a particularland use and development outcome.
Use or development
Land identified in the schedule to this clause may be used or developed in accordance withthe specific controls contained in the incorporated document corresponding to that land.The specific controls may:
allow the land to be used or developed in a manner that would otherwise be prohibitedor restricted;
prohibit or restrict the use or development of the land beyond the controls that mayotherwise apply;
exclude any other controlin this scheme.
Expiry of a specific control
If a specific control contained in an incorporated document identified in the schedule to thisclause allows a particular use or development, that control will expire if any of thefollowing circumstances applies:
The development and use is not started within two years of the approval date or anotherdate specified in the incorporated document.
The development is not completed within one year of the date of commencement ofworks or another date specified in the incorporated document.
The responsible authority may extend the periods referred to if a request is made in writingbefore the expiry date or within three months afterwards.
Upon expiry of the specific control, the land may be used and developed only inaccordance with the provisions of this scheme.
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PARTICULAR PROVISIONS - CLAUSE 52.03 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 52.03
Address of land Title of incorporateddocument
None specified None specified
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PARTICULAR PROVISIONS - CLAUSE 52.04 PAGE 1 OF 1
52.04 SATELLITE DISH
Purpose
To provide an opportunity to consider the impact of a satellite dish attached to a building orstructure listed in a schedule to the Heritage Overlay.
To provide an opportunity to consider the effect of a satellite dish on the amenity ofresidential areas.
Scope
This clause applies to:
A building or structure listed in a schedule to the Heritage Overlay.
Land in a Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Low DensityResidential Zone, Mixed Use Zone or Township Zone.
Permit requirement
A permit is required to use land or to construct or install or carry out works for a satellitedish (whether or not it forms part of a network) even if it is ancillary to another use on theland.
This does not apply to a satellite dish with a diameter:
Less than 1.2 metres.
Between 1.2 metres and 2.4 metres provided:
The dish is not visible from the street (other than a lane) or a public park,
The dish is setback from the side or rear boundary 1 metre, plus 0.3 metres for everymetre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre ofheight over 6.9 metres, and
The dish is setback at least 3 metres from the boundary where it is opposite anexisting habitable room window.
Decision Guidelines
Before deciding on an application, in addition to the design principles in Clause 19.03 anddecision guidelines in clause 65, the responsible authority must consider the effect of thesatellite dish on the visual amenity of nearby land.
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PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 1 OF 9
52.05 ADVERTISING SIGNS
Purpose
To regulate the display of signs and associated structures.
To provide for signs that are compatible with the amenity and visual appearance of an area,including the existing or desired future character.
To ensure signs do not contribute to excessive visual clutter or visual disorder.
To ensure that signs do not cause loss of amenity or adversely affect the natural or builtenvironment or the safety, appearance or efficiency of a road.
52.05-1 Requirements
Advertising categories
Clauses 52.05-7 to 52.05-10 specify categories of advertising control. The zone provisionsspecify which category of advertising control applies to the zone.
A sign in Section 1 of the category may be displayed without a permit, but a conditionopposite the sign must be met. If the condition is not met, the sign requires a permit unlessspecifically included in Section 3 as a sign that does not meet the Section 1 condition.
A sign in Section 2 may be displayed only with a permit and a condition opposite the signmust be met. If the condition is not met, the sign is prohibited.
A sign in Section 3 is prohibited and must not be displayed.
Some overlays require a permit for Section 1 signs.
If a sign can be interpreted in more than one way, the most restrictive requirement must bemet.
Referral of an application for permit
An application to display an animated or electronic sign within 60 metres of a freeway orarterial road declared under the Road Management Act 2004 must be referred in accordancewith Section 55 of the Planning and Environment Act 1987 to the referral authorityspecified in Clause 66.03 or a schedule to that clause.
Expiry of permit
A permit for a sign other than a major promotion sign expires on the date specified in thepermit. If no date is specified, the expiry date is 15 years from the date of issue of thepermit.
52.02-2 Application requirements
An application to display an advertising sign must be accompanied by the followinginformation, as appropriate:
A site context report, using a site plan, photographs or other methods to accuratelydescribe:
The location of the proposed sign on the site or building and distance from propertyboundaries.
The location and size of existing signage on the site including details of any signs tobe retained or removed.
The location and form of existing signage on abutting properties and in the locality.
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PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 2 OF 9
The location of closest traffic control signs.
Identification of any view lines or vistas that could be affected by the proposed sign.
The dimensions, height above ground level and extent of projection of the proposedsign.
The height, width, depth of the total sign structure including method of support and anyassociated structures such as safety devices and service platforms.
Details of associated on-site works.
Details of any form of illumination including details of baffles and the times at which thesign would be illuminated.
The colour, lettering style and materials of the proposed sign.
The size of the display (total advertising area including all sides of a multi-sided sign).
The location of any corporate logo box and proportion of display area occupied by sucha logo box.
For animated or electronic signs, a report addressing the decision guidelines at Clause52.05-3 relating to road safety.
Any landscaping details.
For any sign over 18 square metres in area:
A description of the existing character of the area including built form andlandscapes.
The location of any other signs over 18 square metres, or scrolling, electronic oranimated signs within 200 metres of the site.
Any existing identifiable advertising theme in the area.
Photo montages or a streetscape perspective of the proposed sign.
Level of illumination including:
- lux levels for any sign on or within 60 metres of a Road Zone, residential zone,public use zone or Business 5 zone;
- the dwell and change time for any non-static images.
The relationship to any significant or prominent views and vistas.
52.05-3 Decision guidelines
Before deciding on an application to display a sign, in addition to the decision guidelines inClause 65, the responsible authority must consider, as appropriate:
The character of the area including:
The sensitivity of the area in terms of the natural environment, heritage values,waterways and open space, rural landscape or residential character.
The compatibility of the proposed sign with the existing or desired future characterof the area in which it is proposed to be located.
The cumulative impact of signs on the character of an area or route, including theneed to avoid visual disorder or clutter of signs.
The consistency with any identifiable outdoor advertising theme in the area.
Impacts on views and vistas:
The potential to obscure or compromise important views from the public realm.
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The potential to dominate the skyline.
The potential to impact on the quality of significant public views.
The potential to impede views to existing signs.
The relationship to the streetscape, setting or landscape:
The proportion, scale and form of the proposed sign relative to the streetscape,setting or landscape.
The position of the sign, including the extent to which it protrudes above existingbuildings or landscape and natural elements.
The ability to screen unsightly built or other elements.
The ability to reduce the number of signs by rationalising or simplifying signs.
The ability to include landscaping to reduce the visual impact of parts of the signstructure.
The relationship to the site and building:
The scale and form of the sign relative to the scale, proportion and any othersignificant characteristics of the host site and host building.
The extent to which the sign displays innovation relative to the host site and hostbuilding.
The extent to which the sign requires the removal of vegetation or includes newlandscaping.
The impact of structures associated with the sign:
The extent to which associated structures integrate with the sign.
The potential of associated structures to impact any important or significant featuresof the building, site, streetscape, setting or landscape, views and vistas or area.
The impact of any illumination:
The impact of glare and illumination on the safety of pedestrians and vehicles.
The impact of illumination on the amenity of nearby residents and the amenity of thearea.
The potential to control illumination temporally or in terms of intensity.
The impact of any logo box associated with the sign:
The extent to which the logo box forms an integral part of the sign through itsposition, lighting and any structures used to attach the logo box to the sign.
The suitability of the size of the logo box in relation to its identification purpose andthe size of the sign.
The need for identification and the opportunities for adequate identification on the siteor locality.
The impact on road safety. A sign is a safety hazard if the sign:
Obstructs a driver’s line of sight at an intersection, curve or point of egress from anadjacent property.
Obstructs a driver’s view of a traffic control device, or is likely to create a confusingor dominating background which might reduce the clarity or effectiveness of atraffic control device.
Could dazzle or distract drivers due to its size, design or colouring, or it beingilluminated, reflective, animated or flashing.
PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 4 OF 9
Is at a location where particular concentration is required, such as a high pedestrianvolume intersection.
Is likely to be mistaken for a traffic control device, because it contains red, green oryellow lighting, or has red circles, octagons, crosses, triangles or arrows.
Requires close study from a moving or stationary vehicle in a location where thevehicle would be unprotected from passing traffic.
Invites drivers to turn where there is fast moving traffic or the sign is so close to theturning point that there is no time to signal and turn safely.
Is within 100 metres of a rural railway crossing.
Has insufficient clearance from vehicles on the carriageway.
Could mislead drivers or be mistaken as an instruction to drivers.
52.05-4 Signs not requiring a permit
A permit is not required to display the following signs:
A sign identifying the functions or property of a government department, publicauthority or municipal council, but not a promotion sign displayed at the direction of anyof these bodies.
A sign controlling traffic on a public road, railway, tramway, water or in the air,provided it is displayed at the direction of a government department, public authority ormunicipal council.
A sign at a hospital that gives direction to emergency facilities.
A sign in a road reserve which gives direction or guidance about a tourist attraction,service or facility of interest to road users. The sign must be displayed to the satisfactionof the road authority.
A sign required by statute or regulation, provided it is strictly in accordance with therequirement.
A sign at a railway station for the information of people using the station.
A sign on a showground, on a motor racing track or on a major sports and recreationfacility, provided the advertisement cannot be seen from nearby land.
A sign with an advertisement area not exceeding 1 square metre to each premises thatprovides information about a place of worship. It must not be an animated or internally-illuminated sign.
A sign inside a building that cannot generally be seen outside.
A sign with an advertisement area not exceeding 2 square metres concerningconstruction work on the land. Only one sign may be displayed, it must not be ananimated or internally-illuminated sign and it must be removed when the work iscompleted.
A sign with an advertisement area not exceeding 5 square metres publicising a localeducational, cultural, political, religious, social or recreational event not held forcommercial purposes. Only one sign may be displayed on the land, it must not be ananimated or internally-illuminated sign and it must not be displayed longer than 14 daysafter the event is held or 3 months, whichever is sooner. A sign publicising a localpolitical event may include information about a candidate for an election.
A sign publicising a special event on the land or in the building on which it is displayed,provided no more than 8 signs are displayed in a calendar year and the total number ofdays the signs are displayed does not exceed 28 in that calendar year. The sign must beremoved when the event is finished.
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A sign with an advertisement area not exceeding 2 square metres publicising the sale ofgoods or livestock on the land or in the building on which it is displayed, provided theland or building is not normally used for that purpose. Only one sign may be displayed,it must not be an animated or internally-illuminated sign and it must not be displayedlonger than 3 months without a permit.
A sign with an advertisement area not exceeding 10 square metres publicising the sale orletting of the property on which it is displayed. Only one sign may be displayed, it mustnot be an animated sign and it must not be displayed longer than 7 days after the saledate. A permit may be granted for:
The advertisement area to exceed 10 square metres if the sign concerns more than 20lots.
The sign to be displayed on land excised from the subdivision and transferred to themunicipal council.
The sign to be displayed longer than 7 days after the sale date.No permit is required to fly the Australian flag or to display the flag on a building, paintedor otherwise represented, provided it is correctly dimensioned and coloured in accordancewith the Flags Act 1953.
52.05-5 Existing signs
A sign that was lawfully displayed on the approval date or that was being constructed onthat date may be displayed or continue to be displayed and may be repaired and maintained.
A lawfully displayed advertisement may be renewed or replaced. However, a permit isrequired:
To renew or replace the advertisement of an animated or internally-illuminated sign.
If the advertisement area is to be increased.
If the renewal or replacement would result in a different type of sign.A sign that is reconstructed must meet the relevant advertising sign requirements.
52.05-6 Major promotion sign
Purpose
To achieve high quality visual standards for the siting of major promotion signs.
To ensure that the signs are not detrimental to the appearance of their surroundings or thesafe and efficient operation of the route through the application of consistent planningcontrols.
Exemption from notice and review
An application for a major promotion sign is exempt from the notice requirements ofSection 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and thereview rights of Section 82 (1) of the Act provided the sign:
Is to be displayed within an area listed in the schedule to this clause.
Meets any condition listed in the schedule to this clause.
Permit requirement
A permit for a major promotion sign must include conditions that specify:
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PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 6 OF 9
That the sign must not:
Dazzle or distract drivers due to its colouring.
Be able to be mistaken for a traffic signal because it has, for example, red circles,octagons, crosses or triangles.
Be able to be mistaken as an instruction to drivers.
An expiry date which is 15 years from the date the permit is issued unless otherwisespecified in this clause. This does not apply to a permit for major promotion sign for aspecial event or temporary building shrouding.
Alternative expiry date condition
A permit for a major promotion sign may specify an expiry date other than 15 years, butthe date must not be less than 10 years or more than 25 years from the date the permit isissued. Before deciding to alter the specified expiry date of 15 years, the responsibleauthority must consider, as appropriate:
The purpose of the sign.
The existing or desired character of the area.
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies in terms ofthe extent to which the proposed sign is consistent with any relevant policy directionand the extent to which the area may be expected to change over time.
The extent to which the signage is physically and visually integrated into thearchitecture of the building.
A major promotion sign displayed in accordance with a permit granted between 19September 1995, and 18 September 1997, may continue to be displayed:
until 31 December 2008, or
where a permit application seeking permission to display the sign is lodged before 31December 2008, until the permit application is finally determined.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 52.05-2and Clause 65, the responsible authority must consider, as appropriate:
The effect of the proposed major promotion sign on:
Significant streetscapes, buildings and skylines.
The visual appearance of a significant view corridor, viewline, gateway location orlandmark site identified in a framework plan or local policy.
Residential areas and heritage places.
Open space and waterways.When determining the effect of a proposed major promotion sign, the following locationalprinciples must be taken into account:
Major promotion signs are encouraged in commercial and industrial locations in amanner which complements or enhances the character of the area.
Major promotion signs are discouraged along forest and tourist roads, scenic routes orlandscaped sections of freeways.
Major promotion signs are discouraged within open space reserves or corridors andaround waterways.
PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 7 OF 9
Major promotion signs are discouraged where they will form a dominant visual elementfrom residential areas, within a heritage place or where they will obstruct significantviewlines.
In areas with a strong built form character, major promotion signs are encouraged onlywhere they are not a dominant element in the streetscape and except for transparentfeature signs (such as neon signs), are discouraged from being erected on the roof of abuilding.
52.05-7 Category 1 - Business areas
Minimum limitation
Purpose
To provide for identification and promotion signs and signs that add vitality and colour tobusiness areas.
Section 1 - Permit not required
SIGN CONDITION
Bed and breakfast sign
Business identification
sign
Home occupation sign
Promotion sign
The total advertisement area of all signs to each premises mustnot exceed 8 sq m. This does not include a sign with anadvertisement area not exceeding 1.5 sq m that is below averandah or, if no verandah, that is less than 3.7 m abovepavement level.
Direction sign
Internally-illuminated
sign
The total advertisement area to each premises must not exceed1.5 sq m.
No part of the sign may be above a verandah or, if no verandah,more than 3.7 m above pavement level.
The sign must be more than 30 m from a residential zone orpedestrian or traffic lights.
Section 2 - Permit required
SIGN CONDITION
Any sign not in
Section 1
Section 3 - Prohibited
SIGN CONDITION
Nil
52.05-8 Category 2 - Office and industrial
Low limitation
Purpose
To provide for adequate identification signs and signs that are appropriate to office andindustrial areas.
Section 1 - Permit not required
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SIGN CONDITION
Bed and breakfast sign
Business identification
sign
Home occupation sign
Pole sign
The total advertisement area of all signs to each premises mustnot exceed 8 sq m. This does not include a direction sign.
Direction sign Only one to each premises.
Internally-illuminated
sign
The advertisement area must not exceed 1.5 sq m. The signmust be more than 30 m from a residential zone or pedestrian ortraffic lights.
Section 2 - Permit required
SIGN CONDITION
Any sign not in
Section 1
Section 3 - Prohibited
SIGN CONDITION
Nil
52.05-9 Category 3 - High amenity areas
Medium limitation
Purpose
To ensure that signs in high-amenity areas are orderly, of good design and do not detractfrom the appearance of the building on which a sign is displayed or the surrounding area.
Section 1 - Permit not required
SIGN CONDITION
Bed and breakfast sign
Home occupation sign
Only one to each premises.The advertisement area must not exceed 0.2 sq m.
Direction sign
Section 2 - Permit required
SIGN CONDITION
Above-verandah sign
Business identification
sign
Floodlit sign
High-wall sign Must be a business logo or street number.
Internally-illuminated
sign
Pole sign
Promotion sign The advertisement area must not exceed 2 sq m.
Reflective sign
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PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 9 OF 9
Section 3 - Prohibited
SIGN CONDITION
Any sign not in Sections
1 or 2
52.05-10 Category 4 - Sensitive areas
Maximum limitation
Purpose
To provide for unobtrusive signs in areas requiring strong amenity control.
Section 1 - Permit not required
SIGN CONDITION
Bed and breakfast sign
Home occupation sign
Only one to each premises.The advertisement area must not exceed 0.2 sq m.
Direction sign
Section 2 - Permit required
SIGN CONDITION
Business identification
sign
The total advertisement area to each premises must not exceed3 sq m.
Floodlit sign
Section 3 - Prohibited
SIGN CONDITION
Any sign not in Sections
1 or 2
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MURRINDINDI PLANNING SCHEME
PARTICULAR PROVISIONS - CLAUSE 52.05-5 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 52.05-5
Land Conditions
None specified None specified
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PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 1 OF 6
52.06 CAR PARKING
Purpose
To ensure that car parking facilities are provided in accordance with:
The State Planning Policy Framework and the Local Planning Policy Frameworkincluding the Municipal Strategic Statement and local planning policies.
Any parking precinct plan.To provide the opportunity to use parking precinct plans in appropriate locations.
To promote the efficient use of car spaces through the consolidation of car parkingfacilities.
To ensure the provision of an appropriate number of car spaces having regard to theactivities on the land and the nature of the locality.
To ensure that the design and location of car parking areas:
Does not adversely affect the amenity of the locality, in particular the amenity ofpedestrians and other road users.
Achieves a high standard of urban design.
Creates a safe environment for users, particularly at night.
Enables easy and efficient use.
Protects the role and function of nearby roads.
Facilitates the use of public transport and the movement and delivery of goods.
52.06-1 Car spaces
Provision of car spaces
A new use must not commence or the floor area of an existing use must not be increaseduntil the required car spaces have been provided on the land.
Where the floor area occupied by an existing use is increased, the parking requirement onlyapplies to the floor area of any extension of the use or site area provided the existingnumber of car spaces is not reduced.
Number of car spaces required
The table at Clause 52.06-5 sets out the number of car spaces required for uses not coveredby a parking precinct plan or another clause. The requirement for car spaces for a use listedin column 1 of the table is the product of columns 2 and 3 of the table.
A permit may be granted to reduce or to waive the number of car spaces required by thetable.
Where a use is not specified in the table at Clause 52.06-5, an adequate number of carspaces must be provided to the satisfaction of the responsible authority.
These requirements do not apply if there is a parking requirement for the particular useunder another clause or in a parking precinct plan.
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PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 2 OF 6
Decision guidelines
Before a requirement for car spaces is reduced or waived, the applicant must satisfy theresponsible authority that the reduced provision is justified due to:
Any relevant parking precinct plan.
The availability of car parking in the locality.
The availability of public transport in the locality.
Any reduction in car parking demand due to the sharing of car spaces by multiple uses,either because of variation of car parking demand over time or because of efficienciesgained from the consolidation of shared car parking spaces.
Any car parking deficiency or surplus associated with the existing use of the land.
Any credit which should be allowed for a car parking demand deemed to have beenprovided in association with a use which existed before the change of parkingrequirement.
Local traffic management.
Local amenity including pedestrian amenity.
An empirical assessment of car parking demand.
Any other relevant consideration.
52.06-2 Design and construction
Car parking plan
Before any use commences or any building or works associated with that use or an existinguse is constructed, a plan must be prepared to the satisfaction of the responsible authorityshowing all required car spaces, access lanes, driveways and associated works andlandscaping.
Provision before commencement
Before any use commences or any new building is occupied, the car spaces, access lanes,driveways and associated works and landscaping shown on the plan must, to the satisfactionof the responsible authority, be provided and available for use and be:
Formed to such levels and drained so that they can be used in accordance with the plan.
Treated with an all-weather seal or some other durable surface.
Line-marked or provided with some other adequate means of showing the car spaces.
Decision guidelines
Before deciding that any plan is satisfactory, in addition to the decision guidelines in Clause65, the responsible authority must consider:
Any relevant parking precinct plan.
Whether the layout of car spaces and access lanes are consistent with Clause 52.06-5 ora variation generally in accordance with Australian Standard AS2890.1 - 1993, Parkingfacilities, Part 1: Off-street car parking.
The protection and enhancement of the streetscape.
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PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 3 OF 6
The provision of landscaping for screening and shade.
The design and construction standards proposed for paving, drainage, line marking,signage, lighting and other relevant matters.
The provision for pedestrian movement within and around the parking area.
The measures proposed to enhance the security of people using the parking area.
The provision of parking facilities for cyclists and disabled people.
The type and size of vehicle likely to use the parking area.
The ease and safety with which vehicles gain access to the site and circulate within theparking area.
The need for the required car spaces to adjoin the premises used by each occupier, if theland is occupied by more than one occupier.
52.06-3 Design of car spaces and accessways
Design requirements
Accessways should:
Be at least 3 metres wide.
Have an internal radius of at least 4 metres at changes of direction or intersections or bewider than 4.2 metres.
Provide a turning space so that cars can exit the site in a forward direction if theaccessway serves four or more car spaces or connects to a road in a Road Zone.
Provide a passing area at the entrance at least 5 metres wide and 7 metres long if theaccessway serves ten or more spaces and is either more than 50 metres long or connectsto a road in a Road Zone.
Car spaces and accessways should have the following minimum dimensions:
Angle of car spaces to
accessway
Accessway width Car park width Car park length
Parallel 3.6 m 2.3 m 6.7 m
45° 3.5 m 2.6 m 4.9 m
60° 4.9 m 2.6 m 4.9 m
90° 6.4 m 2.6 m 4.9 m
5.8 m 2.8 m 4.9 m
5.2 m 3.0 m 4.9 m
4.8 m 3.2 m 4.9 m
A building may project into the space if it is at least 2.1 metres above the space.
If entry to the car space is from a road, the width of the accessway may include the road.
If an accessway to 4 or more car spaces is from land in a Road Zone, the access to the carspaces must be at least 6 metres from the frontage.
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PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 4 OF 6
Variation of requirement
A permit may be granted to vary any dimension or requirement of this clause. Beforedeciding on an application, the responsible authority must consider:
Whether the dimensions and layout of car spaces and access lanes are generally inaccordance with Australian Standard AS2890.1 - 1993, Parking facilities, Part 1: Off-street car parking.
Any relevant parking precinct plan.
52.06-4 Dwellings and residential buildings
The requirements of Clauses 52.06 do not apply to an application to construct or extend adwelling or a residential building under any provision of this scheme if the land is in theResidential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or TownshipZone unless the development is four or more storeys, excluding a basement.
52.06-5 Car parking table
USE CAR SPACE MEASURE RATE
Residential building, other than
specified in this table
Car spaces to each lodging room 1
Caretaker’s house Car spaces to each dwelling 1
Dwelling, other than Caretaker’s
house if at least 2 on a lot
Car spaces to each dwelling 2
Shop other than specified in this table Car spaces to each 100 sq m ofleasable floor area
8
Betting agency
Market
Car spaces to each 100 sq m ofnet floor area
8
Restaurant Car spaces to each seat availableto the public
0.6
Office other than specified in this
table
Postal agency
Car spaces to each 100 sq m ofnet floor area
3.5
Hotel or Tavern Car spaces to each 100 sq m ofbar floor area available to thepublic, plus
60
Car spaces to each 100 sq m oflounge floor area available to thepublic
30
Motel Car spaces to each unit, plus
Car spaces to each residentemployee, plus
Car spaces to each 100 sq m ofmotel service floor area notavailable for use by guests
1
1
2
Industry other than specified in this
table
Mail centre
Car spaces to each 100 sq m ofnet floor area
2.9
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PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 5 OF 6
USE CAR SPACE MEASURE RATE
Materials recycling
Fuel depot
Milk depot
Motor repairs
Percentage of site area to be setaside for car spaces and accesslanes, but not driveways
10
Plant nursery
Saleyard
Store other than specified in this table
Timber yard
Utility installation
Percentage of site area to be setaside for car spaces and accesslanes, but not driveways
10
Freezing and cool storage
Warehouse other than specified in this
table
Car spaces to each 100 sq m ofnet floor area
1.5
Display home Car spaces to each dwelling forfive or fewer contiguous dwellings,plus
Car spaces to each additionalcontiguous dwelling
5
2
Medical centre
Veterinary centre
Car spaces to each practitioner 5
Hospital Car spaces to each bed availablefor use by patients
1.3
Place of assembly
Funeral parlour
Car spaces to each seat or toeach sq m of net floor area,whichever is greater
0.3
Golf course Car spaces to each hole 4
Bowling green Car spaces to each rink 6
Squash court other than in
conjunction with a dwellingCar spaces to each court 3
Swimming pool other than in
conjunction with a dwelling
Car spaces to each 100 sq m ofsite
5.6
Tennis court other than in conjunction
with a dwellingCar spaces to each court 4
Primary school Car spaces to each employee 1
Secondary school Car spaces to each employee 1.2
Tertiary institution Car spaces to each full-timestudent and three part-timestudents
0.6
Convenience shop if the leasable floor
area exceeds 80 sq m
Car spaces to each premises 10
52.06-6 Parking precinct plan
A parking precinct plan is a strategic plan relating to parking of cars and other vehicleswithin a defined area which is incorporated into this scheme and listed in the schedule tothis clause. A parking precinct plan may form part of a more general land use or otherstrategic plan or policy.
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A parking precinct plan may specify different requirements to those set out in the table atClause 52.06-5.
The parking precinct plan must include the following information:
The purpose of the plan.
The area to which the plan applies.
The parking outcomes to be achieved by the parking precinct plan.
An assessment of car parking demand and supply in the precinct.
Any locational, financial, landscape or other actions or requirements necessary toimplement the parking precinct plan.
MURRINDINDI PLANNING SCHEME
PARTICULAR PROVISIONS - CLAUSE 52.06-6 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 52.06-6
Name ofIncorporatedParking PrecinctPlan
Requirement
None specified 1.0 Car Parking Rates
2.0 Off-Site Parking Provision
3.0 Other Requirements
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PARTICULAR PROVISIONS - CLAUSE 52.07 PAGE 1 OF 1
52.07 LOADING AND UNLOADING OF VEHICLES
Purpose
To set aside land for loading and unloading commercial vehicles to prevent loss of amenityand adverse effect on traffic flow and road safety.
Requirements to be met
No building or works may be constructed for the manufacture, servicing, storage or sale ofgoods or materials unless:
Space is provided on the land for loading and unloading vehicles as specified in thetable below.
The driveway to the loading bay is at least 3.6 metres wide. If a driveway changesdirection or intersects another driveway, the internal radius at the change of direction orintersection must be at least 6 metres.
The road that provides access to the loading bay is at least 3.6 metres wide.
A permit may be granted to reduce or waive these requirements if either:
The land area is insufficient.
Adequate provision is made for loading and unloading vehicles to the satisfaction of theresponsible authority.
FLOOR AREA OF BUILDING MINIMUM LOADING BAY DIMENSIONS
2,600 sq m or less in single occupation Area 27.4 sq mLength 7.6 mWidth 3.6 mHeight clearance 4.0 m
For every additional 1,800 sq m or part Additional 18 sq m
19/01/2006VC37
52.08 EARTH RESOURCE EXPLORATION AND DEVELOPMENT 17/09/2007 VC45
Purpose
To allow land to be used and developed for mineral exploration without the need for a permit.
To ensure that mining and geothermal energy extraction are not prohibited land uses.
To allow land to be used and developed for mining or geothermal energy extraction either subject to a permit (except in those areas where a permit is not required) or subject to the preparation of an environmental effects statement under the Environment Effects Act 1978.
To ensure that mining or geothermal energy extraction is carried out in accordance with acceptable environmental standards.
52.08-1 Mineral exploration 19/01/2006 VC37 17/09/2007 VC45 Land may be used or developed for mineral exploration carried out under a licence issued
under the Mineral Resources (Sustainable Development) Act 1990, without the need for a permit.
52.08-2 Mining 17/09/2007 VC45
Permit requirement
A permit is required to use or develop land for mining.
This does not apply if either:
An environment effects statement has been prepared under the Environment Effects Act 1978 and mining is exempt from the requirement to obtain a permit under Section 42 or Section 42A of the Mineral Resources (Sustainable Development) Act 1990.
The mining is in accordance with and within an area covered by a mining licence granted or Order made by the Governor in Council under Section 47A of the Electricity Industry Act 1993.
52.08-3 Geothermal Energy Exploration 09/10/2006 VC42 Land may be used or developed for geothermal energy exploration carried out under a
permit granted under the Geothermal Energy Resources Act 2005, without the need for a permit.
52.08-4 Geothermal Energy Extraction 09/10/2006 VC42
Permit requirement
A permit is required to use or develop land for geothermal energy extraction.
This does not apply if an environment effects statement has been prepared under the Environment Effects Act 1978 and geothermal energy extraction is exempt from the requirement to obtain a permit under Section 62 of the Geothermal Energy Resources Act 2005.
PARTICULAR PROVISIONS - CLAUSE 52.08 PAGE 1 OF 1
52.09 EXTRACTIVE INDUSTRY AND EXTRACTIVE INDUSTRY INTEREST AREAS
Purpose 17/09/2007 VC45
To ensure that use and development of land for extractive industry does not adversely affect the environment or amenity of the area during or after extraction.
To ensure that excavated areas can be appropriately rehabilitated.
To ensure that sand and stone resources, which may be required by the community for future use, are protected from inappropriate development.
52.09-1 Application 19/01/2006 VC37 These provisions apply to:
The use and development of land for extractive industry.
The use and development of land within a designated extractive industry interest area.
The use and development of land within 500 metres of an extractive industry.
52.09-2 Requirements 19/01/2006 VC37
Cessation of use
Permits for extractive industry must not include conditions which require the use to cease by a specified date unless either:
The subject land is situated in or adjoins land which is being developed or is proposed to be developed for urban purposes.
Such condition is suggested by the applicant.
Boundary setback
Except with a permit, no alteration may be made to the natural condition or topography of the land within 20 metres of the boundary of the land. This does not apply to driveways, drains, bund walls or landscaping.
Screen planting
Shrubs and trees must be planted and maintained to screen activity on the site to the satisfaction of the responsible authority.
Parking areas
Parking areas must be provided for employees’ cars and all vehicles used on the site to the satisfaction of the responsible authority.
52.09-3 Decision guidelines 17/09/2007 VC45 Before deciding on an application, in addition to the decision guidelines in Clause 65,
responsible authority must consider, as appropriate:
The effect of the proposed extractive industry on any native flora and fauna on and near the land.
PARTICULAR PROVISIONS - CLAUSE 52.09 PAGE 1 OF 2
The impact of the extractive industry operations on sites of cultural and historic significance, including any effects on Aboriginal places.
The effect of the extractive industry operation on the natural and cultural landscape of the surrounding land and the locality generally.
The ability of the extractive industry operation to contain any resultant industrial emissions within the boundaries of the subject land in accordance with the Regulations associated with the Extractive Industries Development Act 1995 and other relevant regulations.
The effect of vehicular traffic, noise, blasting, dust and vibration on the amenity of the surrounding area.
The ability to rehabilitate the affected land to a form or for a use which is compatible with the natural systems or visual appearance of the surrounding area.
The ability to rehabilitate the land so it can be used for a purpose or purposes beneficial to the community.
The effect of the proposed extractive industry on groundwater and quality and the impact on any affected water uses.
The impact of the proposed extractive industry on surface drainage and surface water quality.
Any proposed provisions, conditions or requirements in a ‘Work Authority’ to be issued under the Extractive Industries Development Act 1995.
52.09-4 Notice of an application 19/01/2006 VC37
Notice of the kinds of application listed below must be given under Section 52(1)(c) of the Act to the person or body specified as a person or body to be notified in Clause 66.05:
An application to use or subdivide land or construct a building for Accommodation, Child care centre, Education centre or Hospital:
Within an Extractive Industry Interest Area.
On land which is within 500 metres of land on which a work authority has been applied for or granted under the Extractive Industries Development Act 1995.
An application which to construct a building or construct or carry out works on land for which a work authority has been applied for or granted under the Extractive Industries Development Act 1995.
These requirements do not apply to an extension to buildings or works.
PARTICULAR PROVISIONS - CLAUSE 52.09 PAGE 2 OF 2
PARTICULAR PROVISIONS - CLAUSE 52.10 PAGE 1 OF 4
52.10 USES WITH ADVERSE AMENITY POTENTIAL
Purpose
To define those types of industries and warehouses which if not appropriately designed andlocated may cause offence or unacceptable risk to the neighbourhood.
Definition
The threshold distance referred to in the table to this clause is the minimum distance fromany part of the land of the proposed use or buildings and works to land (not a road) in aresidential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for ahospital or an education centre or land in a Public Acquisition Overlay to be acquired for ahospital or an education centre.
NOTE 1 of the table: The threshold distance is variable, dependent on the processes to beused and the materials to be processed or stored.
NOTE 2 of the table: An assessment of risk to the safety of people located off the land maybe required.
Table to Clause 52.10
TYPE OF PRODUCTION, USE OR STORAGE(PURPOSE)
THRESHOLDDISTANCE (METRES)
NOTES
Food, Beverages & Tobacco
Abattoir: 500
Smallgoods production 100
Manufacture of milk products: 300
Production of vegetable oils and fats using solvents: 300
Flour mill: 300
Bakery (other than one ancillary to a shop): 100
Seafood processor: 500
Maltworks: 300
Tobacco and cigarette production: 500
Poultry processing works 100
Freezing and cool storage 150
Milk depot 100
Food or beverage production other than above: Note 1
Textiles
Dyeing or finishing of cotton, linen and woollen yarnsand textiles:
300
Carpet backing with latex: 300
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TYPE OF PRODUCTION, USE OR STORAGE(PURPOSE)
THRESHOLDDISTANCE (METRES)
NOTES
Production of artificial fibres & textiles:• cellulose nitrate or viscose fibre, cellophane or
artificial rubber• other synthetic fibres and textiles
1,000
500
Note 2
Note 2
Treatment or production of textiles:• using carbon disulphide• using other substances
500 Note 2Note 1
Rope, cordage and twine production: 100
Wool scouring: 200
Wood, Wood Products & Furniture
Sawmill: 500
Charcoal production:• by the retort process• other than by the retort process
5001,000
Wood preservation plant: 100
Wood-fibre or wood-chip products: 1,500
Joinery: 100
Paper & Paper Products:
Paper or paper pulp production:• involving combustion of sulphur or sulphur
containing materials• from semi-processed materials• from prepared cellulose & rags• by other methods than above
5,000
100200
Note 2
Note 1
Chemical, Petroleum & Coal Products
Chemical Fertiliser production: 1,000 Note 2
Industrial gases production: 1,000 Note 2
Polyester resins production 1,000 Note 2
Synthetic resins & rubber production other thanabove:
1,000 Note 2
Ammunition, explosives and fireworks production: 1,000 Note 2
Formaldehyde production: 300 Note 2
Paints and inks :• manufacture• blending and mixing only
1,000300
Note 2
Pharmaceutical and veterinary production: 1,000
Biocides production and storage: 1,000
Soap and other detergents production: 300
Cosmetics and toilet preparations production: 100
Inks production: 300
PARTICULAR PROVISIONS - CLAUSE 52.10 PAGE 3 OF 4
TYPE OF PRODUCTION, USE OR STORAGE(PURPOSE)
THRESHOLDDISTANCE (METRES)
NOTES
Petroleum refinery: 2,000 Note 2
Briquette production: 300
Other petroleum or coal production: 500 Note 2
Organic industrial chemicals production other thanabove:
1,000 Note 2
Inorganic industrial chemicals production other thanabove:
1,000 Note 2
Chemical products other than above: 300 Note 2
Non-metallic Mineral Products
Glass and glass production including glass wool: 500
Rock wool manufacture: 500
Clay bricks, tiles and pipe refractories, with a designproduction rate exceeding 10,000 tonnes a year:
200
Cement production in amounts:• up to 5,000 tonnes a year• between 5,000 & 150,000 tonnes a year• exceeding 150,000 tonnes a year
3005001,000
Concrete batching plant: 300
Bitumen batching plant: 500
Concrete article or stone article production: 100
Plaster or plaster articles production: 100
Basic Metal Products
Works producing iron or steel products in amounts:• up to 1,000,000 tonnes a year• exceeding 1,000,000 tonnes a year
1001,000
Production of non-ferrous metals as:• aluminium by electrolysis• other non-ferrous metals in amounts:
. up to 100 tonnes a year
. between 100 & 2,000 tonnes a year
. exceeding 2,000 tonnes a year
2,000
100300500
Fabricated Metal Products
Structural or sheet metal production: 500
Works producing iron or steel products in amounts:• up to 1,000,000 tonnes per year• exceeding 1,000,000 tonnes per year
1001,000
Boiler makers 100
Abrasive blast cleaning: Note 1
Miscellaneous Manufacturing
Rendering and casings works: 1,000
PARTICULAR PROVISIONS - CLAUSE 52.10 PAGE 4 OF 4
TYPE OF PRODUCTION, USE OR STORAGE(PURPOSE)
THRESHOLDDISTANCE (METRES)
NOTES
Leather tanning and dressing: 300
Leather and artificial leather goods production: 300
Rubber production, using either organic solvents orcarbon black:
300 Note 2
Fibreglass production: 200
Printing and coating works with heated curing ovens: 500
Transport and Storage
Storage of petroleum products and crude oil in tanksexceeding 2,000 tonnes capacity:• with fixed roofs• with floating roofs
300100
Note 2
Grain elevators: 300
Storage of wet-salted or unprocessed hides: 300
Storage of bulk volatile organic compounds inquantities greater than 1,000 tonnes: 1,000 Note 2
Sanitary and garbage disposal in:• Landfill• Recycling and composting centre 200
Note 1
Sanitary and garbage storage and treatment intransfer station
300
Depot for refuse collection vehicles 100
Temporary storage of industrial wastes: 300 Note 2
Treatment of aqueous waste: 200 Note 2
Treatment of organic waste: 500 Note 2
Waste incinerator for:• Woodwaste• Plastic or rubber waste• Chemical, biomedical or organic waste
300500 Note 2
Notes 1,2
Recreation, Personal & Other Services
Industrial dry cleaning: 100 Note 2
Industrial laundry: 100
Other Premises
Panel beating: 100
Composting: Note 1
Rural industry handling, processing or packingagricultural produce:
300
PARTICULAR PROVISIONS - CLAUSE 52.11 PAGE 1 OF 2
52.11 HOME OCCUPATION
Purpose
To ensure that the amenity of the neighbourhood is not adversely affected by an occupationconducted in or from a dwelling.
52.11-1 Requirements to be met
A home occupation must meet the following requirements:
The person conducting the home occupation must use the dwelling as their principalplace of residence.
No more than one person who does not live in the dwelling may work in theoccupation.
The gross floor area used in conducting the occupation including the storage of anymaterials or goods must not exceed 50 square metres or one-third of the gross floor areaof the dwelling, whichever is the lesser.
The occupation must not impose a load on any utility greater than normally required fordomestic use.
The occupation must not adversely affect the amenity of the neighbourhood in any wayincluding:
The appearance of any building, works or materials used.
The parking of motor vehicles.
The transporting of materials or goods to or from the dwelling.
The hours of operation.
Electrical interference.
The storage of chemicals, gasses or other hazardous materials.
Emissions from the site.
No motor vehicle may be serviced or repaired for gain.
Only one commercial vehicle (a commercial goods vehicle, commercial passengervehicle or tow truck within the meaning of the Transport Act 1983), not exceeding 2tonnes capacity and with or without a trailer registered to a resident of the dwelling maybe present at any time. The vehicle must not be fuelled or repaired on the site.
No goods other than goods manufactured or serviced in the home occupation may beoffered for sale.
Materials used or goods manufactured, serviced or repaired in the home occupationmust be stored within a building.
No goods manufactured, serviced or repaired may be displayed so that they are visiblefrom outside the site.
52.11-2 Permit required
Despite the requirements of Clause 52.11-1, a permit may be granted for a homeoccupation:
Which allows no more than two persons who do not live in the dwelling to work in theoccupation; or
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Which has a floor area not exceeding 100 square metres or one-third of the gross floorarea of the dwelling, whichever is the lesser.
Which allows no more than one additional commercial vehicle (a commercial goodsvehicle, commercial passenger vehicle or tow truck within the meaning of the TransportAct 1983), not exceeding two tonnes capacity and with or without a trailer registered toa resident of the dwelling, to be present at any time.
Decision Guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
Whether there is a need for additional parking or loading facilities.
The effect of any vehicle parking, storage or washing facilities on the amenity andcharacter of the street.
Whether the site is suitable for the particular home occupation and is compatible withthe surrounding use and development.
Whether there is a need for landscaping to screen any outbuildings or car parking orloading areas or any other area relating to the home occupation.
PARTICULAR PROVISIONS - CLAUSE 52.12 PAGE 1 OF 2
52.12 SERVICE STATION
Purpose
To ensure that amenity, site layout and design are considered when land is to be used for aservice station, especially if the site adjoins a residential zone.
To ensure that use of land for a service station does not impair traffic flow or road safety.
52.12-1 Requirements to be met
Land may be used for a service station only if the following requirements are met. A permitmay be granted to vary the requirements, if the responsible authority considers a betterdesign solution will result.
Site area and dimensions
The site must be at least 1,080 square metres.
The frontage must be at least 36 metres (30 metres if the site is on a corner) and the depthat least 30 metres.
Crossovers
No more than 2 vehicle crossovers may service the site from a road and at the roadalignment a crossover must be:
No wider than 7.7 metres.
At least 4.5 metres from another crossover on the site.
At least 4.5 metres from another road or if a splayed corner, at least 7.7 metres from thesplay.
At least 1.8 metres from a crossover on another property.
Kerb or barrier
Except at crossovers, a kerb or barrier must be built along the road alignment to prevent thepassage of vehicles.
Road setbacks
A wall of a building must be at least 9 metres from a road.
A canopy must be at least 2.5 metres from a road.
Petrol pumps, pump islands, water and air supply points and storage tank filling pointsmust be at least 3.6 metres from a road.
Petrol tankers must be wholly on the site when storage tanks are being filled.
Driveway space must be sufficient to enable a vehicle 13.8 metres by 2.5 metres to enterand leave the site without reversing.
No vehicle may be serviced unless it is wholly on the site.
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Discharge of waste
Waste from a vehicle wash area must drain into a public sewer or a settlement and oilseparation system. The system must comply with the Environment Protection Act 1970 andbe installed to the satisfaction of the responsible authority.
Amenity requirements
The amenity of the locality must not be adversely affected by activity on the site, theappearance of any building, works or materials, emissions from the premises or in anyother way.
Trailers for hire
If trailers are for hire on the site:
The site must be at least 1,080 square metres.
All trailers must be wholly on the site and must not encroach on landscaping or carparking areas or accessways.
On a corner site, a trailer higher than 1 metre must be parked at least 9 metres from thecorner.
Adjoining residential zone
If the site adjoins a residential zone:
A landscape buffer strip at least 3 metres wide along the common boundary must beplanted and maintained to the satisfaction of the responsible authority.
External lights must be directed away from the residential zone to prevent light spill andglare.
PARTICULAR PROVISIONS - CLAUSE 52.13 PAGE 1OF 2
52.13 CAR WASH
Purpose
To ensure that amenity, site layout and design are considered when land is to be used for acar wash, especially if the site adjoins a residential zone.
To ensure that use of land for a car wash does not impair traffic flow or road safety.
Requirements to be met
Land may be used for a car wash only if the following requirements are met. A permit maybe granted to vary the requirements, if the responsible authority considers the purposes ofthis clause are satisfied.
Crossovers
No more than 2 vehicle crossovers may give access to the site from a road and at the roadalignment a crossover must be:
No wider than 7.7 metres.
At least 4.5 metres from another crossover on the site.
At least 7.7 metres from another road or if a splayed corner, at least 7.7 metres from thesplay.
At least 1.8 metres from a crossover on another property.
Kerb or barrier
Except at crossovers, a kerb or barrier must be built along the road alignment to prevent thepassage of vehicles.
Queuing lane
A queuing lane on the site must be able to accommodate at least 10 vehicles before entry toa car wash.
If petrol is available for sale to vehicles queuing to be washed, the lane must be able toaccommodate at least 10 vehicles before the petrol-selling point.
The lane must be clearly shown on the ground and marked for use only by vehicles queuingto be washed.
The area between the exit from a car wash and the nearest crossover must be able toaccommodate at least 2 vehicles in single file.
Discharge of waste
Waste from a vehicle wash area must drain into a public sewer or a settlement and oilseparation system. The system must comply with the Environment Protection Act 1970 andbe installed to the satisfaction of the responsible authority.
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Amenity requirements
The amenity of the locality must not be adversely affected by activity on the site, theappearance of any building, works or materials, emissions from the premises or in any otherway.
No building or works may be of temporary or portable construction.
Adjoining residential zone
If the site adjoins a residential zone, a landscape buffer strip at least 3 metres wide along thecommon boundary must be planted and maintained to the satisfaction of the responsibleauthority.
PARTICULAR PROVISIONS - CLAUSE 52.14 PAGE 1 OF 1
52.14 MOTOR VEHICLE, BOAT OR CARAVAN SALES
Purpose
To ensure that amenity, site layout and design are considered when land is to be used formotor vehicle, boat or caravan sales, especially if the site adjoins a residential zone.
To ensure that use of land for motor vehicle, boat or caravan sales does not impair trafficflow or road safety.
Requirements to be met
Land may be used for motor vehicle, boat or caravan sales only if the followingrequirements are met. A permit may be granted to vary the requirements.
No more than 2 vehicle crossovers may service the site from a road and at the roadalignment a crossover must be no wider than 9.2 metres.
Except at crossovers, a kerb or barrier must be built along the road alignment to preventthe passage of vehicles and to prevent vehicles protruding beyond the site boundary.
Except where a kerb or barrier is installed, the area within 6 metres of the road must besealed to the satisfaction of the responsible authority.
No building other than an office with a floor area not exceeding 19 square metres andtoilet facilities may be built on the site.
The site must contain a concrete bay for washing vehicles and waste from the bay mustdrain into a public sewer or a settlement and oil separation system. The system mustcomply with the Environment Protection Act 1970 and be installed to the satisfaction ofthe responsible authority.
Vehicles may be washed only in the washing bay.
Water from the site must be discharged by an underground pipe to an approved outlet tothe satisfaction of the responsible authority.
No vehicle for sale or hire may be displayed on an adjacent road.
No vehicle may be repaired on the site.
An area of at least 1 space to each 10 spaces or part must be set aside on the site forcustomer and employee car parking and for valuing vehicles. The area must be clearlymarked by a sign reading `customer parking’ with the letters at least 50 millimetreshigh.
On a car sales or hire site, the number of cars for sale or hire must not exceed 1 to each30 square metres of site area.
If the site is more than one lot it must be consolidated into one title.
If the site adjoins a residential zone:
A landscape buffer strip at least 3 metres wide must be provided on the site alongthe common boundary and planted and maintained to the satisfaction of theresponsible authority.
Except for the landscape buffer strip, all of the site not occupied by buildings mustbe sealed to prevent dust.
External lights must be directed away from the residential zone to prevent light spilland glare.
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PARTICULAR PROVISIONS - CLAUSE 52.15 PAGE 1 OF 1
52.15 HELIPORT
Purpose
To provide an opportunity to consider the effect of a heliport or helipad on the amenity ofsurrounding areas.
Permit requirement
A permit is required to use or develop any land for a heliport or helipad even if it isancillary to another use on the land.
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PARTICULAR PROVISIONS - CLAUSE 52.16 PAGE 1 OF 5
52.16 NATIVE VEGETATION PRECINCT PLAN
Purpose
To protect and conserve native vegetation to reduce the impact of land and waterdegradation and provide habitat for plants and animals.
To achieve the following objectives:
To avoid the removal of native vegetation. If the removal of native vegetation cannot be avoided, to minimise the removal of native
vegetation through appropriate planning and design. To appropriately offset the loss of native vegetation.To provide for the protection, management and removal of native vegetation in accordancewith a native vegetation precinct plan.
52.16-1 Application
This clause applies to land if a native vegetation precinct plan corresponding to that land isincorporated into this scheme.
52.16-2 Native vegetation precinct plans
A native vegetation precinct plan is a plan relating to native vegetation within a definedarea which is incorporated into this scheme and listed in the schedule to this clause.
A native vegetation precinct plan may form part of a more general strategic or precinctstructure plan.
A native vegetation precinct plan may require specified works to be provided or specifiedpayments to be made to offset the removal, destruction or lopping of native vegetation.
The native vegetation precinct plan must:
Specify the purpose of the plan. Specify the area to which the plan applies. Specify the native vegetation which can be removed, destroyed or lopped. Specify the native vegetation to be protected. Set out the conservation significance and status of the native vegetation to be protected,
and the vegetation protection objective to be achieved. Set out the works, payments or other actions necessary to offset the removal, destruction
or lopping of native vegetation. Relate the need for the works, payments or other actions to the proposed removal,
destruction or lopping of native vegetation in the area. Provide for the procedures for the collection of any payments.A native vegetation precinct plan may include any other information necessary to achievethe purpose and effective implementation of the plan.
52.16-3 Permit requirement
A permit is required to remove, destroy or lop any native vegetation, including dead nativevegetation. This does not apply:
If the removal, destruction or lopping of native vegetation is in accordance with a nativevegetation precinct plan incorporated into this scheme. Any conditions or requirementsspecified in the plan must be met.
To the removal, destruction or lopping of native vegetation specified in the table toClause 52.16-4, unless a native vegetation precinct plan specifies otherwise.
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52.16-4 Table of exemptions
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
Regrowth The native vegetation is regrowth which has naturallyestablished or regenerated on land lawfully cleared ofnaturally established vegetation and is within the boundary ofa timber production plantation, as indicated on a PlantationDevelopment Notice or other documented record, and hasestablished after the plantation.
This exemption does not apply to land on which nativevegetation has been cleared or otherwise destroyed ordamaged as a result of flood, fire or other natural disaster.
Bracken The native vegetation is bracken (Pteridium esculentum)which has naturally established or regenerated on landlawfully cleared of naturally established vegetation.
This exemption does not apply to land on which nativevegetation has been cleared or otherwise destroyed ordamaged as a result of flood, fire or other natural disaster.
Pest animal
burrows
The native vegetation is to be removed, destroyed or loppedto enable the removal of pest animal burrows in accordancewith the written agreement of an officer of the Departmentresponsible for administering the Flora and Fauna GuaranteeAct 1998.
Land use
conditions
The native vegetation is to be removed, destroyed or loppedto comply with a land use condition served under theCatchment and Land Protection Act 1994.
Land management
notices
The native vegetation is to be removed, destroyed or loppedto comply with land management notice issued under theCatchment and Land Protection Act 1994.
Planted vegetation The native vegetation has been planted or grown as a resultof direct seeding for Crop raising or Extensive animalhusbandry.
Emergency works The native vegetation presents an immediate risk of personalinjury or damage to property and only that part of vegetationwhich presents the immediate risk is removed, destroyed orlopped.
The native vegetation is to be removed, destroyed or loppedby a public authority or municipal council to create anemergency access or to enable emergency works.
Fire protection The native vegetation is to be removed, destroyed or loppedfor the making of a fuelbreak by or on behalf of a publicauthority in accordance with a strategic fuelbreak planapproved by the Secretary of the Department of Sustainabilityand Environment. The maximum width of a fuelbreak must notexceed 40 metres.
The native vegetation is to be removed, destroyed or loppedfor fire fighting measures, periodic fuel reduction burning, or
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No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
the making of a fuel break up to 6 metres wide.
The native vegetation is ground fuel within 30 metres of abuilding.
The native vegetation is to be removed, destroyed or loppedin accordance with a fire prevention notice under:
Section 65 of the Forests Act 1958.
Section 41 of the Country Fire Authority Act 1958.
Section 8 of the Local Government Act 1989.
The native vegetation is to be removed, destroyed or loppedto keep the whole or any part of any vegetation clear of anelectric line in accordance with a code of practice preparedunder Part 8 of the Electricity Safety Act 1998.
The native vegetation is to be removed, destroyed or loppedin accordance with any code of practice prepared inaccordance with Part 8 of the Electricity Safety Act 1998 inorder to minimise the risk of bushfire ignition in the proximityof electricity lines.
Surveying The native vegetation is to be removed, destroyed or loppedfor establishing sight-lines for the measurement of land bysurveyors in the exercise of their profession, and if usinghand-held tools.
Public roads The native vegetation is to be removed, destroyed or loppedto maintain the safe and efficient function of an existing publicroad managed by the relevant responsible road authority (asdefined by the Road Management Act 2004) in accordancewith the written agreement of the Secretary of the Departmentof Sustainability and Environment.
Railways The native vegetation is to be removed, destroyed or loppedto maintain the safe and efficient function of an existingrailway or railway access road, in accordance with the writtenagreement of the Secretary of the Department ofSustainability and Environment.
Extractive industry The native vegetation is to be removed, destroyed or loppedto enable the carrying out of Extractive industry in accordancewith a work plan approved under the Extractive IndustriesDevelopment Act 1995 and authorised by a work authoritygranted under that Act.
Search for stone The native vegetation is to be removed, destroyed or loppedto enable the carrying out of the Search for stone.
The maximum extent of native vegetation removed, destroyedor lopped under this exemption on contiguous land in thesame ownership in a five year period must not exceed any ofthe following:
1 hectare of vegetation which does not include a tree.
15 trees if each tree has a trunk diameter of less than 40centimetres at a height of 1.3 metres above ground level.
PARTICULAR PROVISIONS - CLAUSE 52.16 PAGE 4 OF 5
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
5 trees if each tree has a trunk diameter of 40 centimetresor more at a height of 1.3 metres above ground level.
This exemption does not apply to native vegetation to beremoved, destroyed or lopped to enable costeaning and bulksampling activities.
Mining The vegetation is to be removed, destroyed or lopped toenable the carrying out of Mining in accordance with a workplan approved under the Mineral Resources (SustainableDevelopment) Act 1990 and authorised by a work authoritygranted under that Act.
Mineral
Exploration
The native vegetation is to be removed, destroyed or loppedto enable the carrying out of Mineral exploration.
Geothermal
energy exploration
and extraction
The native vegetation is to be removed, destroyed or loppedto enable the carrying out of geothermal energy exploration orextraction in accordance with the Geothermal EnergyResources Act 2005.
52.16-5 Application requirements
An application to remove, destroy or lop native vegetation must be accompanied by thefollowing information, as appropriate:
A photograph or site plan (drawn to scale) showing the boundaries of the site, existingnative vegetation and the native vegetation to be removed.
A description of the native vegetation to be removed, including the extent and type ofnative vegetation, the number and size of any trees to be removed and, if possible, theEcological Vegetation Class of the native vegetation.
Topographic information, highlighting ridges, crests and hilltops, streams andwaterways, slopes of more than 20 percent, drainage lines, low lying areas, salinedischarge areas, and areas of existing erosion.
A written explanation of the steps that have been taken to: Avoid the removal of native vegetation, where possible. Minimise the removal of native vegetation. Appropriately offset the loss of native vegetation, if required.
A written statement which explains how the proposal responds to the decisionguidelines in Clause 52.16-6.
52.16-6 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
General issues
Victoria’s Native Vegetation Management – A Framework for Action (Department ofNatural Resources and Environment 2002).
Whether the proposed development can be located and designed to avoid the removal ofnative vegetation.
Whether the proposed development is located and designed to minimise the removal ofnative vegetation.
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The need to offset the loss of native vegetation having regard to the conservationsignificance of the vegetation.
The cumulative impact of native vegetation removal on biodiversity conservation andmanagement.
Native vegetation precinct plans
The purpose and objectives of the native vegetation precinct plan. The effect on native vegetation identified for protection in the native vegetation precinct
plan. The potential for the effectiveness of the native vegetation precinct plan to be
undermined. The potential for the proposed development to lead to the loss or fragmentation of
native vegetation identified for protection in the native vegetation precinct plan. Offset requirements in the native vegetation precinct plan.
Land protection
Whether the proposed works will adversely affect the land protection role of the nativevegetation.
The need to mitigate any adverse impacts of native vegetation removal.
Conservation significance
The conservation status and significance of the native vegetation. The quality and condition of the vegetation. The strategic location of the native vegetation in the local landscape.
Offsets
The offset criteria in Victoria’s Native Vegetation Management – A Framework forAction (Department of Natural Resources and Environment 2002) and any relevantRegional Vegetation Plan.
The long term security of the offset.
Aboriginal cultural heritage
The conservation of native vegetation protected under the Aboriginal Heritage Act2006.
MURRINDINDI PLANNING SCHEME
PARTICULAR PROVISIONS - CLAUSE 52.16 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 52.16
1.0 Native vegetation precinct plan
Name of plan
None specified
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52.17 NATIVE VEGETATION
Purpose
To protect and conserve native vegetation to reduce the impact of land and waterdegradation and provide habitat for plants and animals.To achieve the following objectives: To avoid the removal of native vegetation. If the removal of native vegetation cannot be avoided, to minimise the removal of native
vegetation through appropriate planning and design. To appropriately offset the loss of native vegetation.To provide for the management and removal of native vegetation in accordance with aproperty vegetation plan.To manage vegetation near buildings to reduce the threat to life and property from wildfire.
52.17-1 Native vegetation precinct plans
This clause does not apply if a Native vegetation precinct plan corresponding to the land isincorporated into this scheme.
52.17-2 Permit requirement
A permit is required to remove, destroy or lop native vegetation, including dead nativevegetation. This does not apply:
If the table to Clause 52.17-6 specifically states that a permit is not required. To the removal, destruction or lopping of native vegetation specified in the schedule to
this clause. To an area specified in the schedule to this clause.
52.17-3 Application requirements
An application to remove, destroy or lop native vegetation must be accompanied by thefollowing information, as appropriate:
A photograph or site plan (drawn to scale) showing the boundaries of the site, existingnative vegetation and the native vegetation to be removed.
A description of the native vegetation to be removed, including the extent and type ofnative vegetation, the number and size of any trees to be removed and, if possible, theEcological Vegetation Class of the native vegetation.
Topographic information, highlighting ridges, crests and hilltops, streams andwaterways, slopes of more than 20 percent, drainage lines, low lying areas, salinedischarge areas, and areas of existing erosion.
A written explanation of the steps that have been taken to: Avoid the removal of native vegetation, where possible. Minimise the removal of native vegetation. Appropriately offset the loss of native vegetation, if required.
A copy of any property vegetation plan that applies to the site.
52.17-4 Property vegetation plans
Any permit granted to remove, destroy or lop native vegetation in accordance with aproperty vegetation plan:
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May include conditions which reflect relevant restrictions or obligations contained inthat plan.
Must include the following condition:“This permit will expire if one of the following circumstances applies:
- the development or any stage of it does not start within ten years of the date ofthis permit.
- the development or any stage of it is not completed within ten years of the date ofthis permit.”
52.17-5 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
General issues
Victoria’s Native Vegetation Management – A Framework for Action (Department ofNatural Resources and Environment 2002).
Whether the proposed development can be located and designed to avoid the removal ofnative vegetation.
Whether the proposed development is located and designed to minimise the removal ofnative vegetation.
The need to offset the loss of native vegetation having regard to the conservationsignificance of the vegetation.
The conservation and enhancement of the area. The preservation of and impact on the natural environment or landscape values. Any relevant approved Regional Vegetation Plan. Whether the proposed development is in accordance with any property vegetation plan
that applies to the site. The cumulative impact of native vegetation removal on biodiversity conservation and
management.
Land protection
The role of the native vegetation in: Protecting water quality and waterway and riparian ecosystems, particularly within
30 metres of a wetland or waterway and in special water supply catchment areaslisted in the Catchment and Land Protection Act 1994.
Preventing land degradation, including soil erosion, salinisation, acidity, instabilityand water logging, particularly:- Where ground slopes are more than 20 per cent.
- On land which is subject to soil erosion or slippage.
- In harsh environments, such as coastal or alpine areas.
Preventing adverse effects on groundwater recharge, particularly on land wheregroundwater recharge to saline watertables occurs or which is in proximity to adischarge area.
Whether the proposed works will adversely affect the land protection role of the nativevegetation.
The need to mitigate any adverse impacts of native vegetation removal.
Conservation significance
The conservation status of the native vegetation.
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PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 3 OF 11
The quality and condition of the vegetation The strategic location of the native vegetation in the local landscape. Whether the native vegetation is a threatened community, or provides habitat for
threatened fauna or flora, as listed in the Flora and Fauna Guarantee Act 1988. Whether the removal of the native vegetation could jeopardise the integrity or long term
preservation of an identified site of scientific, nature conservation or culturalsignificance.
Offsets
The conservation significance of the native vegetation. The offset criteria in Victoria’s Native Vegetation Management – A Framework for
Action (Department of Natural Resources and Environment 2002). Offset requirements in an approved Regional Vegetation Plan. The long term security of the offset.
Timber production
In the case of timber production, the benefit of including a condition requiringoperations to be carried out in accordance with any relevant code of practice under Part5 of the Conservation, Forests and Lands Act 1987.
Aboriginal cultural heritage
The conservation of native vegetation protected under the Aboriginal Heritage Act2006.
52.17-6 Table of exemptions
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
Lopping and
pruning for
maintenance
The native vegetation is to be pruned or lopped formaintenance only and no more than 1/3 of the foliage isremoved from any individual plant.
This exemption does not apply to:
Pruning or lopping of the trunk of a tree or shrub.
Native vegetation within a road or railway reservation.
Grasses The native vegetation is a grass and is to be mown or slashedfor maintenance only.
Under this exemption the grass must be:
Located within a lawn, garden or other planted area; or
Maintained at a height of at least 100 millimetres aboveground level.
Regrowth The native vegetation is regrowth which has naturallyestablished or regenerated on land lawfully cleared ofnaturally established native vegetation and is:
Less than 10 years old; or
Bracken (Pteridium esculentum); or
Less than ten years old at the time of a Property VegetationPlan being signed by the Secretary of the Department ofSustainability and Environment, and is shown on that Plan
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PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 4 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
as being ‘certified regrowth’, and is on land that is to beused or maintained for cultivation or pasture during the termof that Plan; or
Within the boundary of a timber production plantation, asindicated on a Plantation Development Notice or otherdocumented record, and has established after theplantation.
This exemption does not apply to land on which nativevegetation has been cleared or otherwise destroyed ordamaged as a result of flood, fire or other natural disaster.
Dead vegetation The native vegetation is dead.
This exemption does not apply to standing dead trees with atrunk diameter of 40 centimetres or more at a height of 1.3metres above ground level.
Site area The native vegetation is on land which, together with allcontiguous land in one ownership, has an area of less than0.4 hectare.
This exemption does not apply to native vegetation within aroad reservation.
Weeds The native vegetation is to be removed, destroyed or loppedto enable the removal or destruction of a weed listed in theschedule to this clause.
The maximum extent of native vegetation removed, destroyedor lopped under this exemption on contiguous land in thesame ownership in a five year period must not exceed any ofthe following:
1 hectare of native vegetation which does not include atree.
15 native trees if each tree has a trunk diameter of lessthan 20 centimetres at a height of 1.3 metres above groundlevel.
Pest animal
burrows
The native vegetation is to be removed, destroyed or loppedto enable the removal of pest animal burrows in the FarmingZone or the Rural Activity Zone.
Unless in accordance with the written agreement of an officerof the Department responsible for administering the Flora andFauna Guarantee Act 1998, the maximum extent of nativevegetation removed, destroyed or lopped under thisexemption on contiguous land in the same ownership in a fiveyear period must not exceed any of the following:
1 hectare of native vegetation which does not include atree.
15 native trees if each tree has a trunk diameter of lessthan 20 centimetres at a height of 1.3 metres above groundlevel.
PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 5 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
Land use
conditions
The native vegetation is to be removed, destroyed or loppedto comply with a land use condition served under theCatchment and Land Protection Act 1994.
Land management
notices
The native vegetation is to be removed, destroyed or loppedto comply with land management notice issued under theCatchment and Land Protection Act 1994.
Planted vegetation The native vegetation has been planted or grown as a resultof direct seeding for Crop raising, Extensive animalhusbandry, aesthetic or amenity purposes, including:agroforestry (the simultaneous and substantial production offorest and other agricultural products from the same land unit),shelter belts, woodlots, street trees, gardens or the like.
This exemption does not apply if public funding was providedto assist in planting or managing the native vegetation and theterms of the funding did not anticipate removal or harvestingof the vegetation.
Emergency works The native vegetation presents an immediate risk of personalinjury or damage to property and only that part of vegetationwhich presents the immediate risk is removed, destroyed orlopped.
The native vegetation is to be removed, destroyed or loppedby a public authority or municipal council to create anemergency access or to enable emergency works.
Fire protection The native vegetation is to be removed, destroyed or loppedfor fire fighting measures, periodic fuel reduction burning, orthe making of a fuel break or fire fighting access track up to 6metres wide.
The native vegetation is to be removed, destroyed or loppedfor the making of a fuelbreak by or on behalf of a publicauthority in accordance with a strategic fuelbreak planapproved by the Secretary of the Department of Sustainabilityand Environment. The maximum width of a fuelbreak must notexceed 40 metres.
The native vegetation is a tree overhanging the roof of abuilding used for Accommodation. This exemption only allowsthe removal, destruction or lopping of that part of the treewhich is overhanging the building and which is necessary forfire protection.
The native vegetation is within 30 metres of a building usedfor accommodation provided:
The native vegetation is not a tree.
At least 50 percent of native shrubs are retained.
Native grasses are kept to at least a height of 100millimetres.
PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 6 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
The native vegetation is within the distance of a building usedfor accommodation specified in the Table to Clause 52.17-7,provided:
The native vegetation is not a tree.
Before the vegetation is removed, destroyed or lopped, aplan is prepared and submitted to the Department ofSustainability and Environment that shows, within 100metres of the building: The north-western and eastern zones of the building as
shown in the Diagram to Clause 52.17-7. The slope of the land and the direction of the slope
from the building in each zone. The vegetation type within each zone.
The native vegetation is on land in the same ownership asthe land on which the building is located.
At least 50 percent of native shrubs are retained.
Native grasses are kept to at least a height of 100millimetres.
The native vegetation is to be removed, destroyed or loppedin accordance with a fire prevention notice under:
Section 65 of the Forests Act 1958.
Section 41 of the Country Fire Authority Act 1958.
Section 8 of the Local Government Act 1989.
The native vegetation is to be removed, destroyed or loppedto keep the whole or any part of any native vegetation clear ofan electric line in accordance with a code of practice preparedunder Part 8 of the Electricity Safety Act 1998.
The native vegetation is to be removed, destroyed or loppedin accordance with any code of practice prepared inaccordance with Part 8 of the Electricity Safety Act 1998 inorder to minimise the risk of bushfire ignition in the proximityof electricity lines.
Surveying The native vegetation is to be removed, destroyed or loppedfor establishing sight-lines for the measurement of land bysurveyors in the exercise of their profession, and if usinghand-held tools.
Utility installations The native vegetation is to be removed, destroyed or loppedto maintain a Minor utility installation.
The native vegetation is to be removed, destroyed or loppedto maintain a Utility installation in accordance with a code(s) ofpractice approved by Secretary of the Department ofSustainability and Environment, incorporated into this schemeand listed in the Schedule to this Clause.
PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 7 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
The native vegetation is to be removed, destroyed or loppedto enable the construction of a Utility installation in accordancewith a code(s) of practice approved by Secretary of theDepartment of Sustainability and Environment, incorporatedinto this scheme and listed in the Schedule to this Clause.
Public roads The native vegetation is to be removed, destroyed or loppedto maintain the safe and efficient function of an existing publicroad managed by the relevant responsible road authority (asdefined by the Road Management Act 2004) in accordancewith the written agreement of the Secretary of the Departmentof Sustainability and Environment.
Railways The native vegetation is to be removed, destroyed or loppedto maintain the safe and efficient function of an existingrailway or railway access road, in accordance with the writtenagreement of the Secretary of the Department ofSustainability and Environment.
Existing and
approved
buildings
The native vegetation is to be removed, destroyed or loppedto enable the:
Construction of a building approved by a planning permitgranted under this planning scheme or by building permitgranted under Building Act 1993, before 15 September2008.
Use and maintenance of a building constructed or approvedby a planning permit granted under this planning scheme orby building permit granted under Building Act 1993, before15 September 2008.
This exemption does not apply to:
Native vegetation to be removed, destroyed or lopped toenable the operation or maintenance of a fence.
Native vegetation located more than 10 metres from abuilding.
Existing buildings
and works in the
Farming Zone and
Rural Activity
Zone
The native vegetation is to be removed, destroyed or loppedto enable the use or maintenance of a building or works usedfor Agricultural production, including a dam, utility service,bore, horticultural trellising and accessway, in the FarmingZone or the Rural Activity Zone.
This exemption does not apply to:
Native vegetation to be removed, destroyed or lopped toenable the use or maintenance of a Dwelling.
Native vegetation to be removed, destroyed or lopped toenable the operation or maintenance of a fence.
Native vegetation located more than 10 metres from abuilding or works.
PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 8 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
New buildings and
works in the
Farming Zone and
Rural Activity
Zone
The native vegetation is to be removed, destroyed or loppedto enable the construction of a building or works used forAgricultural production, including a dam, utility service, boreand accessway, in the Farming Zone or the Rural ActivityZone.
The maximum extent of native vegetation removed, destroyedor lopped under this exemption on contiguous land in thesame ownership in a five year period must not exceed any ofthe following:
1 hectare of native vegetation which does not include atree.
15 native trees if each tree has a trunk diameter of lessthan 40 centimetres at a height of 1.3 metres above groundlevel.
5 native trees if each tree has a trunk diameter of 40centimetres or more at a height of 1.3 metres above groundlevel.
This exemption does not apply:
To native vegetation to be removed, destroyed or lopped toenable the construction or operation of a pivot irrigationsystem or horticultural trellising.
Where there is a practical opportunity to site the building orworks to avoid the removal, destruction or lopping of nativevegetation.
New dwellings in
the Farming Zone
and Rural Activity
Zone
The native vegetation is to be removed, destroyed or loppedto enable the construction of a Dwelling, in the Farming Zoneor the Rural Activity Zone.
The maximum extent of native vegetation removed, destroyedor lopped under this exemption on contiguous land in thesame ownership in a five year period is must not exceed anyof the following:
300 square metres of native vegetation which does notinclude a tree.
5 native trees if each tree has a trunk diameter of less than40 centimetres at a height of 1.3 metres above groundlevel.
1 native tree if the tree has a trunk diameter of 40centimetres or more at a height of 1.3 metres above groundlevel.
This exemption does not apply:
To native vegetation to be removed, destroyed or lopped toenable the construction of a tennis court, horse ménage orswimming pool.
Where there is a practical opportunity to site the dwelling toavoid the removal, destruction or lopping of nativevegetation.
PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 9 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
Fences The native vegetation is to be removed, destroyed or loppedto enable the:
Construction of a fence on a boundary between propertiesin different ownership; or
Operation or maintenance of an existing fence.
The combined maximum width of clearing permitted eitherside of the fence under this exemption is 4 metres.
Vehicle access
from public roads
The native vegetation is to be removed, destroyed or loppedto enable the construction or maintenance of a vehicle accessacross a road reserve from a property boundary to a publicroad, subject to authorisation from the relevant public landmanager.
This exemption only applies to properties which share acommon boundary with the road reserve.
The maximum total width of native vegetation permitted to beremoved, destroyed or lopped under this exemption is 6metres.
This exemption does not apply where there is a practicalopportunity to site the accessway to avoid the removal,destruction or lopping of native vegetation.
Personal use The native vegetation is to be removed, destroyed or loppedby cutting only to obtain reasonable amounts of wood forpersonal use by the owner or occupier of the land. Personaluse includes wood used for firewood, the construction offences and buildings on the same land, and hobbies such ascraft.
This exemption does not apply to:
Standing living and dead trees with a trunk diameter of 40centimetres or more at a height of 1.3 metres above groundlevel.
Living native vegetation on contiguous land in the sameownership with an area less than 10 hectares.
Grazing The native vegetation is removed, destroyed or lopped as aresult of grazing by domestic stock.
This exemption allows the removal, destruction and lopping ofnative vegetation on unused roads specified under Section400 of the Land Act 1958.
Stock movements
on roads
The native vegetation is removed, destroyed or lopped as aresult of moving stock along a road.
This exemption does not apply to the removal, destruction orlopping of native vegetation as a result of holding stock in atemporary fence (including an electric fence) on a roadside forthe purpose of feeding.
PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 10 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
Harvesting for
timber production
– naturally
established native
vegetation
The native vegetation is to be removed, destroyed or loppedto enable the carrying out of timber harvesting operations andassociated activities which are:
Undertaken on public land under a licence issued by theSecretary to the Department of Sustainability andEnvironment under section 52 of the Forests Act 1958; or
Authorised in accordance with Part 5 of the SustainableForests (Timber) Act 2004.
Extractive industry The native vegetation is to be removed, destroyed or loppedto enable the carrying out of Extractive industry in accordancewith a work plan approved under the Extractive IndustriesDevelopment Act 1995 and authorised by a work authoritygranted under that Act.
Search for stone The native vegetation is to be removed, destroyed or loppedto enable the carrying out of the Search for stone.
The maximum extent of native vegetation removed, destroyedor lopped under this exemption on contiguous land in thesame ownership in a five year period must not exceed any ofthe following:
1 hectare of native vegetation which does not include atree.
15 native trees if each tree has a trunk diameter of lessthan 40 centimetres at a height of 1.3 metres above groundlevel.
5 native trees if each tree has a trunk diameter of 40centimetres or more at a height of 1.3 metres above groundlevel.
This exemption does not apply to native vegetation to beremoved, destroyed or lopped to enable costeaning and bulksampling activities.
Mining The native vegetation is to be removed, destroyed or loppedto enable the carrying out of Mining in accordance with a workplan approved under the Mineral Resources (SustainableDevelopment) Act 1990 and authorised by a work authoritygranted under that Act.
Mineral
exploration
The native vegetation is to be removed, destroyed or loppedto enable the carrying out of Mineral exploration.
Geothermal
energy exploration
and extraction
The native vegetation is to be removed, destroyed or loppedto enable the carrying out of geothermal energy exploration orextraction in accordance with the Geothermal EnergyResources Act 2005.
PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 11 OF 11
52.17-7 Table
Maximum distance from a building used for accommodation within which nativevegetation (other than trees) may be removed, destroyed or lopped without a permit:
Upslope orflat ground
Upslope orflat ground
Down slope Down slopeVegetation Categories
Northwestzone
Eastern zone Northwestzone
Eastern zone
Shrub and heath –Shrubs up to 6 metresin height above groundlevel. It may includesome trees.
80 metres 40 metres 80 metres 45 metres
Medium forest – Forestbetween 10 metres and30 metres in heightabove ground level, witha tree canopy cover ofmore than 30 percent. Itmay include shrubs andgrassy understorey.
60 metres 30 metres 90 metres 50 metres
Tall forest – Forestmore than 30 metres inheight above groundlevel, with a tree canopycover of more than 30percent. It may includeshrubs and grassyunderstorey.
80 metres 40 metres 95 metres 50 metres
Diagram
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PARTICULAR PROVISIONS - CLAUSE 52.17 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 52.17
1.0 Scheduled area
Area Description of native vegetation for
which no permit is required to remove,
destroy or lop
None specified
2.0 Scheduled weed
Area Description of weed
None specified
3.0 Utility installation code of practice
Name of code of practice
None specified
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PARTICULAR PROVISIONS - CLAUSE 52.18 PAGE 1 OF 2
52.18 TIMBER PRODUCTION
52.18-1 Timber production on Crown land
Any requirement of this scheme which:
requires timber production to be conducted in a particular way
requires that a permit be obtained to use or develop land for timber production or tocarry out timber production in a particular way
requires that some aspect of timber production be carried out to the satisfaction of theresponsible authority
does not apply to timber production on unalienated land of the Crown managed andcontrolled by the Minister responsible for administering the Forests Act 1958 and theSustainable Forests (Timber) Act 2004, or the Secretary to the Department of Sustainabilityand Environment, whether or not occupied under a licence or other right. All requirementsof this scheme apply to Crown land which has been leased.
52.18-2 Timber production to comply with the Code of Practice for Timber Production
All timber production activities (except agroforestry (the simultaneous and substantialproduction of forest and other agricultural products from the same land unit), windbreaksand commercial plantations of 5 hectares or less) must comply with the Code of Practice forTimber Production 2007 (Department of Sustainability and Environment). In accordancewith Section 6(4A) of the Planning and Environment Act 1987, this applies whether the useof land for timber production is commenced before or after the coming into effect of thisrequirement.
The Code must be complied with to the satisfaction of the responsible authority.
A permit may require that matters required by the Code must be done to the satisfaction ofthe responsible authority or a Minister, public authority or referral authority, and mayrequire the responsible authority to seek comments from any other person or authoritybefore making a decision.
52.18-3 Road repairs
After a Timber Harvesting Plan is lodged with the responsible authority under the Code andbefore the commencement of harvesting operations, the responsible authority, inconsultation with the forest owner or manager, must establish the condition of any roadswhich are proposed to be used as a cartage route.
The forest owner or manager must advise the responsible authority when harvestingoperations are complete. After receiving this advice, the responsible authority, inconsultation with the forest owner or manager, must establish the condition of any roadswhich were used as a cartage route.
It is the responsibility of the forest owner or manager to restore any roads which were usedas a cartage route to the same condition that they were in before the commencement ofharvesting operations to the extent of any damage caused as a result of the harvestingoperations.
The cartage of timber associated with harvesting operations is extraordinary traffic for thepurpose of Section 112 of the Road Management Act 2004.
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PARTICULAR PROVISIONS - CLAUSE 52.18 PAGE 2 OF 2
52.18-4 Decision guidelines
Before deciding on an application to use or develop land for timber production, in additionto the decision guidelines in Clause 65, the responsible authority must consider:
The need to encourage plantation establishment and timber production in locationswhere it is of significance to national, state and regional economies, and in areasaffected by salinity and other forms of land degradation.
The role of native forest and plantations in: Protecting water quality.
Conserving flora and fauna.
Preventing land degradation, including soil erosion, salinisation and water logging.
Preventing adverse effects on groundwater recharge. The preservation of and impact on the natural environment, cultural heritage and visual
amenity. Whether it is appropriate to require environmental protection standards greater than
those in the Code.
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PARTICULAR PROVISIONS - CLAUSE 52.19 PAGE 1 OF 3
52.19 TELECOMMUNICATIONS FACILITY
Purpose
To ensure that telecommunications infrastructure and services are provided in an efficientand cost effective manner to meet community needs.
To ensure the application of consistent provisions for telecommunications facilities.
To encourage an effective statewide telecommunications network in a manner consistentwith the economic, environmental and social objectives of planning in Victoria as set out inSection 4 of the Planning and Environment Act 1987.
To encourage the provision of telecommunications facilities with minimal impact on theamenity of the area.
52.19-1 Application
These provisions apply to the construction of a building or the construction or carrying outof works associated with the use of land for a Telecommunications facility. They apply tothe extent permitted under the Telecommunications Act 1997 (Cwth) and determinationsmade under that Act by the Commonwealth Minister for Communications, InformationTechnology and the Arts, including the Telecommunications (Low-impact Facilities)Determination 1997.
52.19-2 Permit requirement
A permit is required to construct a building or construct or carry out works for aTelecommunications facility.
This does not apply to:
Buildings and works associated with:
A low-impact facility as described in the Telecommunications (Low-impact)Facilities Determination 1997.
The inspection and maintenance of a Telecommunications facility as defined in theTelecommunications Act 1997 (Cwth).
A facility authorised by a Facilities Installation Permit issued under theTelecommunications Act 1997 (Cwth).
A temporary defence facility.
The connection of a building, structure, caravan or mobile home to aTelecommunications line forming part of a Telecommunications network.
Any Telecommunications facility described in A Code of Practice forTelecommunications Facilities in Victoria which complies with the requirements ofthe Code.
Buildings and works associated with activities which are:
Authorised under Clause 6(2) of Division 3 of Schedule 3 of theTelecommunications Act 1997 (Cwth).
Carried out by bodies listed in Sections 46 to 51 (inclusive) of theTelecommunications Act 1997 (Cwth) pursuant to legislation applying to thosebodies.
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PARTICULAR PROVISIONS - CLAUSE 52.19 PAGE 2 OF 3
52.19-3 Land in public ownership
An application for a permit on land in a public land zone by a person other than the relevantpublic land manager, must be accompanied by the written consent of the public landmanager indicating that the public land manager consents generally or conditionally either:
To the application for permit being made.
To the application for permit being made and to the proposed use or development.
52.19-4 Exemption from notice and review
An application for a permit is exempt from the notice requirements of Section 52(1)(a), (b)and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights ofSection 82(1) of the Act unless:
The Telecommunications facility is:
A radio communications dish greater than 1.2 metres in diameter or
A Telecommunications tower (other than a low-impact facility described in theTelecommunications (Low-impact Facilities) Determination 1997).
The land is located in an Environmental Significance Overlay, a Vegetation ProtectionOverlay, a Significant Landscape Overlay, a Heritage Overlay, a Design andDevelopment Overlay or an Erosion Management Overlay.
The land is public land not in a public land zone and the responsible authority is not thepublic land manager.
52.19-5 Application requirements
An application for permit must be accompanied by the following information as appropriateto the proposal and the location:
A site analysis and design response explaining how the proposed facility addresses theprinciples for the design, siting, construction and operation of telecommunicationsfacilities and the requirements in A Code of Practice for Telecommunications Facilitiesin Victoria.
Site boundaries and dimensions.
The purpose and location of all buildings and works required in the construction of thefacility.
The location of all existing buildings and works to be retained and demolished.
The location of all proposed buildings and works including dimensions, elevations,materials, colours and finishes.
The location and use of all buildings on adjoining properties.
The location of all adjoining streets and access ways.
Australian Height Datum levels.
Natural drainage lines, watercourses, coastal dunes, beach systems and wetlands.
Proposals for the rehabilitation of the land on which development is to occur.
Roads and parking areas.
Materials, landscaping, external lighting, colour and reflectivity.
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PARTICULAR PROVISIONS - CLAUSE 52.19 PAGE 3 OF 3
52.19-6 Decision guidelines
Before deciding on an application, in addition to the decision guidelines of Clause 65, theresponsible authority must consider, as appropriate:
The principles for the design, siting, construction and operation of aTelecommunications facility set out in A Code of Practice for TelecommunicationsFacilities in Victoria.
The effect of the proposal on adjacent land.
If the Telecommunications facility is located in an Environmental Significance Overlay,a Vegetation Protection Overlay, a Significant Landscape Overlay, a Heritage Overlay, aDesign and Development Overlay or an Erosion Management Overlay, the decisionguidelines in those overlays and the schedules to those overlays.
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PARTICULAR PROVISIONS - CLAUSE 52.20 PAGE 1 OF 2
52.20 CONVENIENCE RESTAURANT AND TAKE-AWAY FOOD PREMISES
Scope
These requirements only apply to residential zones.
Decision guidelines
Before deciding on an application to use land for a convenience restaurant or take-awayfood premises or to construct a building or construct or carry out works associated with aconvenience restaurant or take-away food premises, in addition to the decision guidelinesin Clause 65, the responsible authority must consider, as appropriate:
Any policy in this scheme relating to convenience restaurants or take-away foodpremises.
Whether the location is appropriate for a convenience restaurant or take-away foodpremises having regard to:
Amenity of the neighbourhood.
Proximity of the land to non residential uses and zones.
Effect of the use on heritage and environment features.
Capacity of the land to contain significant off-site effects.
Access to land in a Road Zone.
The suitability of the land for a residential use.
The effect on the amenity or character of the street or neighbourhood having regard to:
Massing and proportions of any building.
Ground floor height above ground level.
Ceiling heights.
Roof form and pitch.
Facade articulation.
Window and door proportions.
Building features including verandahs, towers, eaves, parapets and decorativeelements.
Building materials, patterns textures and colours.
Whether the site layout and the design of buildings, noise attenuation measures,landscaping, car parking, vehicle access lanes, loading bays, rubbish bins, plant andequipment, lights, advertising signs, drive through facilities and playgrounds aredesigned to prevent significant loss of amenity to adjoining land due to noise, emissionof noise, emission of light or glare, loss of privacy, litter or odour.
Whether any special measure may be necessary to protect the amenity of adjoining landin residential use, including buffer planting, noise attenuation measures and littercollection arrangements.
The adequacy of traffic measures to:
Provide safe pedestrian movement.
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PARTICULAR PROVISIONS - CLAUSE 52.20 PAGE 2 OF 2
Achieve safe, efficient vehicle movement on site and access to and egress from theland.
Avoid disruption to traffic flow on land in a Road Zone.
Prevent inappropriate use of local residential streets.
The adequacy of car parking, loading and drive through queuing spacing toaccommodate customers at peak periods and employee requirements on the land.
PARTICULAR PROVISIONS - CLAUSE 52.21 PAGE 1 OF 2
52.21 PRIVATE TENNIS COURT
Purpose
To ensure that tennis courts used in association with a dwelling are sited and constructed tominimise the effects of the development on nearby properties.
To ensure that the use of tennis courts in association with a dwelling does not causeunreasonable disturbance to adjoining residents or adversely affect the residential amenityof adjoining areas.
52.21-1 Scope
This clause applies to any private tennis court which is used in association with a dwelling.
52.21-2 Permit requirement
A permit is not required under any provision of this scheme to construct, use or illuminatea private tennis court if the performance requirements specified in the Code of Practice -Private Tennis Court Development Revision 1 March 1999 are met.
A permit is required to construct, use or illuminate a private tennis court:
If any of the performance requirements specified in the Code of Practice - PrivateTennis Court Development Revision 1 March 1999 are not met.
If the land is in an Environmental Significance Overlay, a Vegetation ProtectionOverlay, a Significant Landscape Overlay, a Heritage Overlay, an Urban FloodwayZone, a Floodway Overlay or a Land Subject to Inundation Overlay and a permit isrequired for any of the following:
To construct a building or construct or carry out works.
To remove, destroy, prune or lop a tree or vegetation.
52.21-3 Application requirements
Unless the circumstances do not require, an application under this clause must beaccompanied by the following information:
A copy of title of the land.
A layout plan to a scale of not less than 1:200.
The location of dwellings on adjoining land within 10 metres of the court site showinghabitable room windows.
Existing and proposed site levels.
Location of vegetation to be removed.
Proposed landscaping.
Illumination levels and the position and height of light poles and fencing.
Description of fencing material.
The location of easements.
Volume of excavated material to be brought to or removed from the site.
Means of access to the site.
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PARTICULAR PROVISIONS - CLAUSE 52.21 PAGE 2 OF 2
Construction method and timing.
52.21-4 Notice provisions
An application for a permit to construct, use or illuminate a private tennis court under anyprovision of this scheme is exempt from the notice requirements of Section 52(1)(a), (b)and (d) of the Act.
In accordance with Section 52(1)(c) of the Act notice of an application to construct, use orilluminate a private tennis court under any provision of this scheme must be given byordinary post to the owners and occupiers of adjoining and opposite properties.
52.21-5 Decision guidelines
Before deciding on an application under this Clause, in addition to the decision guidelinesin Clause 65, the responsible authority must consider the relevant objectives andconsiderations specified in the Code of Practice - Private Tennis Court DevelopmentRevision 1 March 1999.
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PARTICULAR PROVISIONS - CLAUSE 52.22 PAGE 1 OF 1
52.22 CRISIS ACCOMMODATION
A permit is not required to use a building, including outbuildings normal to a dwelling, tohouse people and any dependants at times of personal emergency or crisis if the buildingmeets all of the following requirements:
Is in an area or zone which is used mainly for housing.
Provides self contained accommodation.
Does not have more than 10 habitable rooms.
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PARTICULAR PROVISIONS - CLAUSE 52.23 PAGE 1 OF 1
52.23 SHARED HOUSING
A permit is not required to use a building, including outbuildings normal to a dwelling, tohouse a person, people and any dependants or 2 or more people (including people withintellectual disabilities) if the building meets all of the following requirements:
Is in an area or zone which is used mainly for housing.
Provides self contained accommodation.
Does not have more than 10 habitable rooms.
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PARTICULAR PROVISIONS - CLAUSE 52.24 PAGE 1 OF 1
52.24 COMMUNITY CARE UNIT
A permit is not required to use a building for services funded by the Department of HumanServices which provide self contained accommodation for its clients if all of the followingrequirements are met:
The building or buildings are in an area or zone which is used mainly for housing.
No more than 20 clients plus supervisory staff are accommodated on the site.
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PARTICULAR PROVISIONS - CLAUSE 52.25 PAGE 1 OF 1
52.25 CREMATORIUM
Purpose
To ensure that crematoria in cemeteries are developed and used in an appropriate manner.
Permit required
A permit is required to develop and use a crematorium on land that is used for cemeterypurposes.
This does not apply to land in the Springvale Crematorium.
Decision guidelines
Before deciding on an application to use and develop land for a crematorium, in addition tothe decision guidelines in Clause 65, the responsible authority must consider:
The provision of landscaping and screen planting.
The location and design of the buildings to be constructed.
The effect on traffic movement generated by the use.
The provision of parking facilities.
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PARTICULAR PROVISIONS - CLAUSE 52.26 PAGE 1 OF 1
52.26 CATTLE FEEDLOT
Purpose
To facilitate the establishment and expansion of cattle feedlots in Victoria in a mannerwhich is consistent with orderly and proper planning and the protection of the environment.
Requirements to be met
All use and development of cattle feedlots must comply with the Victorian Code for CattleFeedlots - August 1995.
The Code must be complied with to the satisfaction of the responsible authority.
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PARTICULAR PROVISIONS – CLAUSE 52.27 PAGE 1 OF 1
52.27 LICENSED PREMISES
Purpose
To ensure that licensed premises are situated in appropriate locations. To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.
Scope
These provisions apply to premises licensed, or to be licensed, under the Liquor Control Reform Act 1998.
Permit required
A permit is required to use land to sell or consume liquor if any of the following apply: A licence is required under the Liquor Control Reform Act 1998. A different licence, or category of licence is required from that which is in force. The hours of trading allowed under any licence are to be extended. The number of patrons allowed under any licence are to be increased.
This does not apply if any of the following apply: To a limited licence. To a licence to manufacture liquor. To a licence to sell only packaged liquor for consumption elsewhere. If the schedule to this clause specifies that a permit is not required to use land to sell
or consume liquor under a particular type of licence. To a change that reduces the hours of trading allowed under any licence. To a change that reduces the number of patrons allowed under any licence. To a change that reduces the area within which liquor is allowed to be consumed
under any licence. To a variation of licence at the initiative of the Director, pursuant to section 58 of the
Liquor Control Reform Act 1998. If a different licence or category of licence is required solely as a result of the
changes to licence categories introduced on 1 January 2010. The schedule to this clause may specify that a permit may not be granted to use land to sell or consume liquor under a particular type of licence.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies. The impact of the sale or consumption of liquor permitted by the liquor licence on the
amenity of the surrounding area. The impact of the hours of operation on the amenity of the surrounding area. The impact of the number of patrons on the amenity of surrounding area. The cumulative impact of any existing and the proposed liquor licence, the hours of
operation and number of patrons, on the amenity of the area.
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SCHEDULE TO CLAUSE 52.27
1 Permit not required
Land Type of licence
None specified None specified
2 Permit may not be granted
Land Type of licence
None specified None specified
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52.28 GAMING
17/09/2007 VC45
52.28-1 Purpose 18/10/2006 VC39 To ensure that gaming machines are situated in appropriate locations and premises.
To ensure the social and economic impacts of the location of gaming machines are considered. To prohibit gaming machines in specified shopping complexes and strip shopping centres.
52.28-2 Permit requirement 18/10/2006 VC39 A permit is required to install or use a gaming machine.
This does not apply in either of the following circumstances: Clause 52.28-3 or Clause 52.28-4 specifically prohibit a gaming machine.
the gaming machine is in an approved venue under the Gambling Regulation Act 2003 on 18 October 2006 and the maximum number of gaming machines for the approved venue on 18 October 2006 is not exceeded.
52.28-3 Prohibition of a gaming machine in a shopping complex 18/10/2006 VC39 Installation or use of a gaming machine is prohibited on land specified in a schedule to this
clause. This does not apply to a gaming machine in an approved venue under the Gambling Regulation Act 2003 on 18 October 2006; and the maximum number of gaming machines for the approved venue on 18 October 2006 is not exceeded.
52.28-4 Prohibition of a gaming machine in a strip shopping centre 18/10/2006 VC39 Installation or use of a gaming machine is prohibited in a strip shopping centre if:
the strip shopping centre is specified in the schedule to this clause. the schedule provides that a gaming machine is prohibited in all strip shopping centres on land covered by this planning scheme.
This does not apply to a gaming machine in an approved venue under the Gambling Regulation Act 2003 on 18 October 2006; and the maximum number of gaming machines for the approved venue on 18 October 2006 is not exceeded. A strip shopping centre is an area that meets all of the following requirements:
it is zoned for business use; it consists of at least two separate buildings on at least two separate and adjoining lots; it is an area in which a significant proportion of the buildings are shops; it is an area in which a significant proportion of the lots abut a road accessible to the public generally;
but it does not include the Capital City Zone in the Melbourne Planning Scheme.
52.28-5 Transitional arrangements 17/09/2007 VC45 The requirements of Clause 52.28 as in force immediately before 18 October 2006 continue
to apply to a gaming machine referred to in a transitional application and permitted in the determination of a transitional application if a planning permit was not required immediately before 18 October 2006 for that gaming machine.
PARTICULAR PROVISIONS - CLAUSE 52.28 PAGE 1 OF 2
In this clause, "transitional application" means an application or request made, and not determined, before 18 October 2006 to the Victorian Commission for Gambling Regulation under the Gambling Regulation Act 2003 for either:
an approval of premises for gaming, or variation of approval of premises for gaming, or
amendment of conditions of a venue operator's licence to vary the number of permitted gaming machines for an approved venue.
52.28-6 Decision guidelines 18/10/2006 VC39
Before deciding on an application, in addition to the decision guidelines of Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The compatibility of the proposal with adjoining and nearby land uses. The capability of the site to accommodate the proposal. Whether the gaming premises provides a full range of hotel facilities or services to patrons or a full range of club facilities or services to members and patrons.
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SCHEDULE TO CLAUSE 52.28-3
Prohibition of a gaming machine in a shopping complex
Name of shopping complex and locality Land description
None Specified
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SCHEDULE TO CLAUSE 52.28-4
Prohibition of a gaming machine in a strip shopping centre
A gaming machine is prohibited in all strip shopping centres on land covered by this planning scheme.
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PARTICULAR PROVISIONS - CLAUSE 52.29 PAGE 1 OF 2
52.29 LAND ADJACENT TO A ROAD ZONE, CATEGORY 1, OR A PUBLIC ACQUISITION OVERLAY FOR A CATEGORY 1 ROAD
Purpose
To ensure appropriate access to identified roads.
To ensure appropriate subdivision of land adjacent to identified roads.
Scope
This clause applies to land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road.
Permit requirement
A permit is required to:
Create or alter access to:
A road in a Road Zone, Category 1.
Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road.
Subdivide land adjacent to:
A road in a Road Zone, Category 1.
Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road.
Referral of applications
An application to create or alter access to, or to subdivide land adjacent to, a road declared as a freeway or arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the Roads Corporation is the authority responsible for acquiring the land, must be referred to the Roads Corporation under Section 55 of the Act. This does not apply to:
Boundary realignments.
Subdivisions of existing buildings already connected to services and requiring no new access.
Two lot subdivisions requiring no new access.
Proposals which, in the opinion of the responsible authority, satisfy requirements or conditions previously agreed in writing between the responsible authority and the Roads Corporation.
Any other application must be referred to the owner of, or the authority responsible for acquiring, the adjacent land in the Road Zone, Category 1, or the Public Acquisition Overlay.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider:
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PARTICULAR PROVISIONS - CLAUSE 52.29 PAGE 2 OF 2
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The views of the relevant road authority.
The effect of the proposal on the operation of the road and on public safety.
Any policy made by the relevant road authority pursuant to Schedule 2, Clause 3 of the Road Management Act 2004 regarding access between a controlled access road and adjacent land.
PARTICULAR PROVISIONS - CLAUSE 52.30 PAGE 1 OF 2
52.30 FREEWAY SERVICE CENTRE
Purpose
To ensure that freeway service centres are appropriately designed and located.
To ensure that access to a freeway service centre from a freeway is designed to therequirements of the Roads Corporation.
To ensure that freeway service centres with access to a rural freeway provide only essentialservices and facilities which encourage drivers to stop and take an effective break atappropriate intervals in the interests of driver safety.
To ensure that any new freeway service centre meets an identifiable need to provideessential services and facilities along a freeway where those services and facilities are notreadily available.
To ensure that the use of land for a freeway service centre does not adversely affect theamenity of surrounding land uses.
52.30-1 Requirements to be met
Facilities and services
A freeway service centre must provide only essential services and facilities. Theseessential services and facilities must be available at all times. Essential services andfacilities that a freeway service centre must include are:
Designated parking areas.
Undercover fuel sales area for petrol, diesel and LPG.
An area of not more than 240 square metres for the sale of food, drinks and otherconvenience goods.
An indoor sit-down eating area.
A safe play area for children.
Public toilets.
A public telephone.A freeway service centre with access to a rural freeway must also provide local andregional tourist information.
A freeway service centre must not include:
Mechanical repairs (other than the emergency repair of vehicles).
Retail facilities of more than 240 square metres.
Video hire.
Post office services or facilities.
Entertainment facilities, amusement machines or gaming machines.
The sale, distribution or consumption of alcohol unless associated with a residentialhotel/motel.
Car or truck wash facilities.A freeway service centre with access to a rural freeway must not include overnightaccommodation (other than for a caretaker or site manager).
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Access to freeway service centres
No vehicular access between a freeway service centre with access to a metropolitanfreeway and the local road network may be permitted.
An application to use or develop land for a freeway service centre must be referred to theRoads Corporation in accordance with Section 55 of the Act.
A permit must not be granted for a freeway service centre until approval for access to thefreeway has been given by the Roads Corporation.
In accordance with Section 62(1)(a) of the Act, a permit granted for a freeway servicecentre must include the condition:
“This permit will expire if one of the following circumstances applies:
The development is not commenced within two years of the date of this permit.
The development is not completed within four years of the date of this permit.The responsible authority may extend the periods referred to if a request is made in writingbefore the permit expires or within three months afterwards.”
Metropolitan freeway service centre adjoining a residential zone
If the site for a freeway service centre with access to a metropolitan freeway adjoins aresidential zone:
A landscape buffer at least 3 metres wide must be provided on the site along thecommon boundary and must be planted and maintained to the satisfaction of theresponsible authority.
Except for the landscape buffer strip, all of the site not occupied by buildings must besealed to prevent dust.
External lights must be directed away from the residential zone to prevent light spill andglare.
52.30-2 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider:
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The Freeway Service Centres Design Guidelines, May 1997.
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PARTICULAR PROVISIONS - CLAUSE 52.31 PAGE 1 OF 1
52.31 BROILER FARM
Purpose
To facilitate the establishment and expansion of broiler farms in a manner that is consistentwith orderly and proper planning and the protection of the environment.
52.31-1 Scope
This clause applies to permit applications to use or develop land to establish a new broilerfarm or to increase the farm capacity of an existing broiler farm.
52.31-2 Requirement
A permit application to use or develop land to establish a new broiler farm, or to increasethe farm capacity of an existing broiler farm, must comply with the Victorian Code forBroiler Farms 2009.
52.31-3 Exemption from notice and review
An application to use or develop land to establish a new broiler farm, or to increase thefarm capacity of an existing broiler farm, that meets the requirements of a Class A BroilerFarm as specified in the Victorian Code for Broiler Farms 2009, is exempt from the noticerequirements of Section 52 (1)(a), (b) and (d), the decision requirements of Section 64(1),(2) and (3) and the review rights of Section 82(1) of the Act.
52.31-4 Notice of an application
Notice of an application to use or develop land to establish a new broiler farm, or toincrease the farm capacity of an existing broiler farm, that meets the requirements of aSpecial Class Broiler Farm or Farm Cluster as specified in the Victorian Code for BroilerFarms 2009, must be given under Section 52(1)(c) of the Act to the person or bodyspecified as a person or body to be notified in Clause 66.05.
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52.32 WIND ENERGY FACILITY 21/09/2009 VC60
Purpose
To facilitate the establishment and expansion of wind energy facilities, in appropriate locations, with minimal impact on the amenity of the area.
52.32-1 Scope 21/09/2009 VC60 This clause applies to land used and developed or proposed to be used and developed for a
wind energy facility.
52.32-2 Application requirements 21/09/2009 VC60 An application must be accompanied by the following information, as appropriate:
A site and context analysis, including:
A site plan, photographs or other techniques to accurately describe the site and surrounding area.
A location plan showing the full site area, local electricity grid and access roads.
A design response, including:
Detailed plans of the proposed development.
Accurate visual simulations illustrating the development in the context of the surrounding area and from key public view points.
A rehabilitation plan for the site.
A written report(s), including:
An explanation of how the proposed design derives from and responds to the site analysis.
A description of the proposal.
A description of how the proposal responds to any significant landscape features for the area identified in the planning scheme.
An assessment of:
the visual impact of the proposal on the landscape. the visual impact on abutting land that is subject to the National Parks Act
1975. the impact of the proposal on any species (including birds and bats) listed
under the Flora and Fauna Guarantee Act 1988 or Environment Protection and Biodiversity Conservation Act 1999.
the noise impacts of the proposal on existing dwellings prepared in accordance with the New Zealand Standard NZ6808:1998, Acoustics – The Assessment and Measurement of Sound from Wind Turbine Generators.
the impacts upon Aboriginal or non-Aboriginal cultural heritage. A statement of why the site is suitable for the wind energy facility.
An environmental management plan including any rehabilitation and monitoring.
PARTICULAR PROVISIONS - CLAUSE 52.32 PAGE 1 OF 2
52.32-3 Decision guidelines 21/09/2009 VC60 Before deciding on an application, in addition to the decision guidelines of Clause 65, the
responsible authority must consider, as appropriate:
The effect of the proposal on the surrounding area in terms of noise, blade glint, shadow flicker and electromagnetic interference.
The impact of the development on significant views, including visual corridors and sightlines.
The impact of the facility on the natural environment and natural systems.
The impact of the facility on cultural heritage.
The impact of the facility on aircraft safety.
The Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria, 2009.
PARTICULAR PROVISIONS - CLAUSE 52.32 PAGE 2 OF 2
PARTICULAR PROVISIONS - CLAUSE 52.33 PAGE 1 OF 2
52.33 SHIPPING CONTAINER STORAGE
Scope
This clause applies to all land except land which is in a Special Use Zone established forthe purpose of port and port-related activities.
52.33-1 Decision guidelines
Before deciding on an application to use land for shipping container storage, or construct abuilding or construct or carry out works associated with shipping container storage, inaddition to the decision guidelines in Clause 65, the responsible authority must consider, asappropriate:
Whether the location is appropriate for shipping container storage having regard to:
The zoning of the land.
Amenity of the neighbourhood.
Proximity of the land to residential uses and zones or other sensitive uses.
Access to a road in a Road Zone.
Access to rail facilities.
Capacity and suitability of the road network to accommodate the type and volume ofvehicle traffic generated by the use.
Capacity of the site to accommodate the proposed use.
The effect on the environment and the amenity and character of the neighbourhoodhaving regard to:
Existing and planned use of land in the neighbourhood.
Location, height and setback of shipping container stacks, particularly near roadboundaries.
Location of facilities for the cleaning, repair, servicing, painting or fumigation ofshipping containers.
Hours of operation.
Design, construction and maintenance of external storage and vehicle movementareas.
Treatment and disposal of wastewater.
Whether the site layout and the design of buildings, landscaping, vehicle access lanes,loading bays, wash bays, lighting and fencing are designed to avoid or minimise anysignificant off-site impacts due to the emission of noise, light, glare, dust, fumes ordrainage.
Whether any special measure may be necessary to protect the environment and theamenity of nearby sensitive uses, including noise attenuation measures, dustminimisation measures and waste storage arrangements.
The need for landscaping and fencing to screen or soften the appearance of shippingcontainer storage areas, particularly near road boundaries.
The adequacy and effect of the landscaping on the appearance of the site, taking intoaccount the streetscape character, the size of the site, and the height, mass and scale ofshipping container stacks on the site.
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PARTICULAR PROVISIONS - CLAUSE 52.33 PAGE 2 OF 2
The adequacy of traffic measures to:
Achieve safe, efficient vehicle movement on site and access to and egress from theland.
Prevent inappropriate use of local residential streets.
The adequacy of truck parking, loading and truck queuing spacing to accommodatetruck movements at peak periods and employee requirements on the land.
PARTICULAR PROVISIONS – CLAUSE 52.34 PAGE 1 OF 4
52.34 BICYCLE FACILITIES
Purpose
To encourage cycling as a mode of transport.
To provide secure, accessible and convenient bicycle parking spaces and associated shower andchange facilities.
52.34-1 Provision of bicycle facilities
A new use must not commence or the floor area of an existing use must not be increased until therequired bicycle facilities and associated signage has been provided on the land.
Where the floor area occupied by an existing use is increased, the requirement for bicycle facilitiesonly applies to the increased floor area of the use.
52.34-2 Permit requirement
A permit may be granted to vary, reduce or waive any requirement of Clause 52.34-3 and Clause52.34-4.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), thedecision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of theAct.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
Whether the proposed number, location and design of bicycle facilities meets the purpose ofthis clause.
The location of the proposed land use and the distance a cyclist would need to travel to reachthe land.
The users of the land and their opportunities for bicycle travel.
Whether showers and change rooms provided on the land for users other than cyclists areavailable to cyclists.
The opportunities for sharing of bicycle facilities by multiple uses, either because of variationof bicycle parking demand over time or because of efficiencies gained from the consolidationof shared bicycle facilities.
Australian Standard AS 2890.3 1993 Parking facilities Part 3: Bicycle parking facilities.
Any relevant bicycle parking strategy or equivalent.
52.34-3 Required bicycle facilities
Tables 1, 2 and 3 to this clause set out the number and type of bicycle facilities required. Bicyclefacilities are required if the use is listed in column 1 of the table. The number of bicycle facilitiesrequired for a use is the sum of columns 2 and 3 of the tables.
If in calculating the number of bicycle facilities the result is not a whole number, the requirednumber of bicycle facilities is the nearest whole number. If the fraction is one-half, therequirement is the next whole number.
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PARTICULAR PROVISIONS – CLAUSE 52.34 PAGE 2 OF 4
A bicycle space for an employee or resident must be provided either in a bicycle locker or at abicycle rail in a lockable compound.
A bicycle space for a visitor, shopper or student must be provided at a bicycle rail.
Table 1 to Clause 52.34-3 − Bicycle spaces
USE EMPLOYEE/RESIDENT VISITOR/SHOPPER/STUDENT
Amusement parlour None 2 plus 1 to each 50 sq m of netfloor area
Convenience restaurant 1 to each 25 sq m of floor areaavailable to the public
2
Dwelling In developments of four or morestoreys, 1 to each 5 dwellings
In developments of four or morestoreys, 1 to each 10 dwellings
Education centre otherthan specified in thistable
1 to each 20 employees 1 to each 20 full-time students
Hospital 1 to each 15 beds 1 to each 30 beds
Hotel 1 to each 25 sq m of bar floorarea available to the public, plus1 to each 100 sq m of loungefloor area available to the public
1 to each 25 sq m of bar floorarea available to the public, plus1 to each 100 sq m of loungefloor area available to the public
Industry other thanspecified in this table
1 to each 1000 sq m of net floorarea
None
Library 1 to each 500 sq m of net floorarea
4 plus 2 to each 200 sq m of netfloor area
Major sports andrecreation facility
1 to each 1500 spectator places 1 to each 250 spectator places
Market 1 to each 50 stalls 1 to each 10 stalls
Medical centre 1 to each 8 practitioners 1 to each 4 practitioners
Minor sports andrecreation facility
1 per 4 employees 1 to each 200 sq m of net floorarea
Motel 1 to each 40 rooms None
Nursing home 1 to each 7 beds 1 to each 60 beds
Office other thanspecified in this table
1 to each 300 sq m of net floorarea if the net floor areaexceeds 1000 sq m
1 to each 1000 sq m of net floorarea if the net floor areaexceeds 1000 sq m
Place of assembly otherthan specified in thistable
1 to each 1500 sq m of net floorarea
2 plus 1 to each 1500 sq m ofnet floor area
Primary school 1 to each 20 employees 1 to each 5 pupils over year 4
Residential buildingother than specified inthis table
In developments of four or morestoreys, 1 to each 10 lodgingrooms
In developments of four or morestoreys, 1 to each 10 lodgingrooms
PARTICULAR PROVISIONS – CLAUSE 52.34 PAGE 3 OF 4
USE EMPLOYEE/RESIDENT VISITOR/SHOPPER/STUDENT
Restaurant 1 to each 100 sq m of floor areaavailable to the public
2 plus 1 to each 200 sq m offloor area available to the publicif the floor area available to thepublic exceeds 400 sq m.
Retail premises otherthan specified in thistable
1 to each 300 sq m of leasablefloor area
1 to each 500 sq m of leasablefloor area
Secondary school 1 to each 20 employees 1 to each 5 pupils
Service industry 1 to each 800 sq m of net floorarea
None
Shop 1 to each 600 sq m of leasablefloor area if the leasable floorarea exceeds 1000 sq metres
1 to each 500 sq m of leasablefloor area if the leasable floorarea exceeds 1000 sq metres
Take-away food premises 1 to each 100 sq m of net floorarea
1 to each 50 sq m of net floorarea
Table 2 to Clause 52.34-3 − Showers
USE EMPLOYEE/RESIDENT VISITOR/SHOPPER/STUDENT
Any use listed in Table 1 If 5 or more employee bicyclespaces are required, 1 showerfor the first 5 employee bicyclespaces, plus 1 to each 10employee bicycle spacesthereafter.
None
Table 3 to Clause 52.34-3 – Change rooms
USE EMPLOYEE/RESIDENT VISITOR/SHOPPER/STUDENT
Any use listed in Table 1 1 change room or direct accessto a communal change room toeach shower. The change roommay be a combined shower andchange room.
None
52.34-4 Design of bicycle spaces
Bicycle spaces should:
Provide a space for a bicycle of minimum dimensions of 1.7 metres in length, 1.2 metres inheight and 0.7 metres in width at the handlebars.
Be located to allow a bicycle to be ridden to within 30 metres of the bicycle parking space.
Be located to provide convenient access from surrounding bicycle routes and main buildingentrances.
Not interfere with reasonable access to doorways, loading areas, access covers, furniture,services and infrastructure.
Not cause a hazard.
Be adequately lit during periods of use.
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PARTICULAR PROVISIONS – CLAUSE 52.34 PAGE 4 OF 4
Bicycle rails
A bicycle rail must:
Be securely fixed to a wall or to the floor or ground.
Be in a highly visible location for bicycle security (when not in a compound).
Be of a shape that allows a cyclist to easily lock the bicycle frame and wheels.
Be located to allow easy access to park, lock and remove the bicycle.
Bicycle compounds and lockers
A bicycle compound or a bicycle locker must:
Be located to provide convenient access to other bicycle facilities including showers andchange rooms.
Be fully enclosed.
Be able to be locked.
If outside, provide weather protection for the bicycle.
A bicycle locker must provide a bicycle parking space for at least one bicycle.
A bicycle compound must:
Include wall or floor rails for bicycle parking.
Provide an internal access path of at least 1.5 metres in width.
52.34-5 Bicycle signage
If bicycle facilities are required by this clause, bicycle signage that directs the cyclists to thebicycle facilities must be provided to the satisfaction of the responsible authority.
Bicycle signage should:
Be at least 0.3 metres wide and 0.45 metres high.
Display a white bicycle on a blue background on the top half of the sign.
Display information about the direction of facilities on the bottom half of the sign.
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PARTICULAR PROVISIONS - CLAUSE 52.35 PAGE 1 OF 2
52.35 URBAN CONTEXT REPORT AND DESIGN RESPONSE FOR RESIDENTIALDEVELOPMENT OF FOUR OR MORE STOREYS
Purpose
To ensure that an urban context report is prepared before a residential development of fouror more storeys is designed and that the design responds to the existing urban context andpreferred future development of the area.
52.35-01 Application requirements
An application for a residential development of four or more storeys must be accompaniedby:
An urban context report.
A design response.
52.35-02 Urban context report
The urban context report may use a site plan, photographs or other techniques and mustinclude:
An accurate description of:
Site shape, size, orientation and easements.
Levels and contours of the site and the difference in levels between the site andsurrounding properties.
The location and height of existing buildings on the site and surrounding properties.
The use of surrounding buildings.
The location of private open space of surrounding properties and the location of trees,fences and other landscape elements.
Solar access to the site and to surrounding properties.
Views to and from the site.
Street frontage features such as poles, street trees and kerb crossovers.
The location of local shops, public transport services and public open spaces withinwalking distance.
Movement systems through and around the site.
Any other notable feature or characteristic of the site.
An assessment of the characteristics of the area including:
Any environmental features such as vegetation, topography and significant views.
The pattern of subdivision.
Street design and landscape.
The pattern of development.
Building form, scale and rhythm.
Connection to the public realm.
Architectural style, building details and materials.
Social and economic activity.
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PARTICULAR PROVISIONS - CLAUSE 52.35 PAGE 2 OF 2
Any other notable or cultural characteristics of the area.A written statement that describes:
Any relevant housing, neighbourhood character, urban design and landscape plan,strategy or policy set out in this scheme.
The strategic and local suitability of the site for residential development of four or morestoreys.
If in the opinion of the responsible authority a requirement of the urban context report is notrelevant to the evaluation of an application, the responsible authority may waive or reducethe requirement.
52.35-03 Satisfactory urban context report
The responsible authority must inform the applicant in writing:
Before notice of an application is given, or
If notice of an application is not required to be given, before deciding the application,
that the urban context report meets the requirements of Clause 52.35-02 and is satisfactoryor does not meet the requirements of Clause 52.35-02 and is not satisfactory.
If the responsible authority decides that the urban context report is not satisfactory, it mayrequire more information from the applicant under Section 54 of the Act.
The responsible authority must not require notice of an application to be given or decide anapplication until it is satisfied that the urban context report meets the requirements ofClause 52.35-02 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)of the Act.
52.35-04 Design response
The design response must explain how the proposed design:
Responds to any relevant planning provision that applies to the land.
Responds to any relevant housing, neighbourhood character, urban design andlandscape plan, strategy or policy set out in this scheme.
Derives from and responds to the urban context report.The design response must include correctly proportioned street elevations or photographsshowing the development in the context of adjacent buildings. If in the opinion of theresponsible authority this requirement is not relevant to the evaluation of an application, itmay waive or reduce the requirement.
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PARTICULAR PROVISIONS - CLAUSE 52.36 PAGE 1 OF 1
52.36 INTEGRATED PUBLIC TRANSPORT PLANNING
Purpose
To ensure development supports public transport usage.
To ensure that easily accessible public transport networks, which are appropriate to thescale of the development, and high quality public transport infrastructure are provided aspart of new development.
To ensure that development incorporates safe, attractive and convenient pedestrian accessto public transport stops.
To ensure that development does not adversely affect the efficient, equitable and accessibleoperation of public transport.
52.36-1 Referral requirement
An application of the kind listed below must be referred in accordance with Section 55 ofthe Act to the Director of Public Transport.
An application to subdivide land, to construct a building or to construct or carry out worksfor any of the following:
A residential development comprising 60 or more dwellings or lots.
A residential building comprising 60 or more lodging rooms.
A residential village comprising 60 or more dwellings.
A retirement village comprising 60 or more dwellings or lots.
A new retail premises of 4000 or more square metres of leasable floor area.
An increase of more than 1000 square metres to the leasable floor area of an existingretail premises which is 4000 or more square metres leasable floor area.
An office development of 10,000 or more square metres of leasable floor area.
A place of assembly comprising 400 or more seats or 600 or more square metres ofgross floor area.
An education centre.
A major sports and recreation facility.
Any alteration or development of public transport infrastructure or stops.
This does not apply to:
A proposal that, in the opinion of the responsible authority, satisfies requirements orconditions previously agreed to in writing between the responsible authority and thereferral authority.
A development consistent with an adopted Structure Plan that has been prepared inconsultation with and endorsed by the Public Transport Division of the Department ofTransport.
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52.37 POST BOXES AND DRY STONE WALLS
Purpose
To conserve historic post boxes and dry stone walls.
Permit requirement
A permit is required to demolish or remove a post box constructed before 1930.
A permit is required to demolish, remove or alter a dry stone wall constructed before 1940on land specified in the schedule to this provision. This does not apply to:
Dry stone structures other than walls and fences.
The demolition or removal of a section of a dry stone wall to install a gate.
The reconstruction of damaged or collapsing walls which are undertaken to the samespecifications and using the same materials as the existing walls.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:
The significance of the post box or dry stone wall.
Any applicable heritage study, statement of significance and conservation policy.
Whether the proposal will adversely affect the significance of the post box or dry stonewall.
Whether the proposal will adversely affect the significance, character or appearance ofthe area.
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SCHEDULE TO CLAUSE 52.37
Permit requirement for dry stone walls
Land
None specified
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PARTICULAR PROVISIONS - CLAUSE 52.38 PAGE 1 OF 2
52.38 2009 BUSHFIRE RECOVERY
Purpose
To support recovery operations following the 2009 Victorian bushfires.
52.38-1 Scope
This clause applies to a use or development specified in Clause 52.38-3 carried out for the purposes of recovery from a bushfire that occurred after 1 January 2009.
52.38-2 Exemptions from planning scheme requirements
Any requirement of the scheme to obtain a permit or any provision in the scheme which prohibits the use or development of land or requires the use or development of land to be carried out in a particular manner does not apply to a use or development specified in Clause 52.38-3 provided the following requirements are met:
Works are only constructed or carried out for bushfire recovery.
A building constructed under this provision is only used:
To provide temporary accommodation; or
For uses directly associated with bushfire recovery.
The construction of a building or the construction or carrying out of works is completed prior to 31 March 2010.
Native vegetation is only removed, destroyed or lopped:
To provide access to, make safe or remove building and demolition rubble from a property; or
To enable emergency and bushfire recovery works undertaken by or on behalf of a municipality, the Victorian Bushfire Reconstruction and Recovery Authority, other public authority or a utility service provider in the exercise of any power conferred on them under any Act.
No native vegetation is removed, destroyed or lopped after 31 March 2010.
Any sign displayed is directly associated with bushfire recovery.
Any sign displayed is removed prior to 31 March 2011.
For the avoidance of doubt any exemption provided by the scheme continues to apply to a use or development specified in Clause 52.38-3.
52.38-3 Use and development
The requirements of Clause 52.38-2 apply to the following types of development:
Demolition or removal of a building.
Construction of a building.
Construction or carrying out of works.
Removal, destruction or lopping of vegetation.
Display of a sign.
The requirements of Clause 52.38-2 apply to the following uses:
Temporary accommodation.
Any use directly associated with bushfire recovery.
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52.38-4 Land in a Heritage Overlay
For land within a Heritage Overlay, in addition to the requirements specified in Clause 52.38-2, the written authorisation of the responsible authority must be obtained prior to:
Demolishing or removing a building;
Externally altering a building by structural work;
Internally altering a building if the schedule to the Heritage Overlay identifies the heritage place as one where internal alteration controls apply;
Carrying out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials; or
Removing, destroying or lopping a tree if the schedule to the Heritage Overlay identifies the heritage place as one where tree controls apply.
52.38-5 Land in a Land Management Overlay
For land within a Floodway Overlay, Land Subject to Inundation Overlay or Special Building Overlay, in addition to the requirements specified in Clause 52.38-2, the written authorisation of the responsible authority must be obtained prior to constructing a building or constructing and carrying out works.
For land within an Erosion Management Overlay, in addition to the requirements specified in Clause 52.38-2, the written authorisation of the responsible authority must be obtained prior to:
Constructing a building or constructing and carrying out works; or
Removing, destroying or lopping vegetation.
52.38-6 Land in an Environmental Audit Overlay
For land within an Environmental Audit Overlay, in addition to the requirements specified in Clause 52.38-2, the written authorisation of the responsible authority must be obtained prior to commencing a sensitive use (residential use, child care centre, pre school centre or primary school).
52.38-7 Cessation of use
A use must not continue after 31 March 2011 unless in accordance with the requirements of this scheme.
A building must not be used after 31 March 2011 unless in accordance with the requirements of this scheme.
Decision guidelines
Before deciding on an application to allow the retention or continuing use of a building, in addition to the decision guidelines in Clause 65 and any other requirements of the Act, the responsible authority must consider the extent to which compliance can be reasonably achieved with all requirements of this scheme.
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PARTICULAR PROVISIONS - CLAUSE 52.39 PAGE 1 OF 3
52.39 2009 BUSHFIRE - REPLACEMENT BUILDINGS
Purpose
To support the rebuilding of dwellings, dependent persons’ units and buildings used for agriculture damaged or destroyed by the 2009 Victorian bushfires.
52.39-1 Scope
This clause applies to: The construction of a building or the construction and carrying out of works,
associated with rebuilding:
a dwelling or dependent person’s unit; or
a building used for agriculture,
that was damaged or destroyed by a bushfire that occurred between 1 January 2009 and 31 March 2009. The use of land for:
a dwelling or dependent person’s unit that is rebuilt in accordance with this clause; or
agriculture to the extent that the use relates to a building that was destroyed by a bushfire that occurred between 1 January 2009 and 31 March 2009 and that use cannot continue unless that building is rebuilt.
The removal, destruction or lopping of vegetation to enable the construction, use and maintenance of a building rebuilt in accordance with this Clause.
This clause does not apply to land in a Heritage Overlay. For the avoidance of doubt, any planning permit exemption provided by the scheme continues to apply to the use and development specified in this Clause. If any use or development is within the scope of both this Clause 52.39 and Clause 52.38, then this Clause 52.39 prevails over Clause 52.38 in the event of any inconsistency.
52.39-2 Exemption from planning scheme requirements
Any requirement of the scheme to obtain a permit or any provision in the scheme which prohibits the use or development of land or requires the use or development of land to be carried out in a particular manner does not apply to the use and development specified in Clause 52.39-1 provided the following requirements are met:
Site plan
Before the commencement of construction of a building or the construction or carrying out of works, a site plan must be provided to and approved by the responsible authority. The site plan must show:
The boundaries of the property.
The location of any damaged or destroyed dwelling, dependent person’s unit or building used for agriculture.
The proposed location of the replacement dwelling, dependent person’s unit or building used for agriculture.
The existing and proposed access to the lot.
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Vegetation to be removed destroyed or lopped to enable rebuilding including construction of vehicle access, water storage and waste water treatment.
For replacement dwellings and dependent persons’ units on land in a Farming Zone, Rural Conservation Zone, Rural Activity Zone, Green Wedge Zone, Green Wedge A Zone or the Rural Living Zone:
The location and dimensions of vehicle access.
The location and storage of water for potable and fire fighting purposes if the dwelling or dependent person’s unit cannot be connected to a reticulated potable water supply.
The location of the waste water treatment system if waste water is to be retained and treated on site.
The site plan must be submitted to the responsible authority by 30 April 2012.
Commencement of development
The development must commence within two years after the approval of a site plan by the responsible authority and must be completed within two years after the development commences. The responsible authority may allow an extension of time on the request of the owner or the occupier of the land to which the approved site plan applies, provided that request is made before the expiry of the applicable period or within three months of the expiry of the applicable period.
Compliance with site plan
The development must comply with the approved site plan.
Use and development conditions
The land must not be used for more than the number of dwellings or dependent persons’ units that were damaged or destroyed.
The removal, destruction or lopping of vegetation to enable the maintenance of a building must not exceed 10 metres beyond the building.
For land in the Farming Zone, Rural Conservation Zone, Rural Activity Zone, Green Wedge Zone, Green Wedge A Zone or the Rural Living Zone:
Access to the dwelling or dependent person’s unit must be provided via an all weather road with dimensions adequate to accommodate emergency vehicles.
The dwelling or dependent person’s unit must be connected to a reticulated sewerage system or if not available, the waste water must be managed to the satisfaction of the responsible authority.
The dwelling or dependent person’s unit must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes.
The dwelling or dependent person’s unit must be connected to a reticulated electricity supply or have an alternative energy source.
A building must be constructed of materials that are non-reflective and of muted tones in the following locations:
Land in an Environmental Significance Overlay, Design and Development Overlay or Significant Landscape Overlay.
PARTICULAR PROVISIONS - CLAUSE 52.39 PAGE 3 OF 3
Land in a Green Wedge Zone, Green Wedge A Zone or Rural Conservation Zone in the municipal districts of the Shire of Yarra Ranges and the Shire of Nillumbik.
For land in a Restructure Overlay, a building must be consistent with any Restructure Plan.
For land adjacent to a Road Zone, Category 1, or Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road, access must not be created or altered.
52.39-3 Land in an Erosion Management Overlay
For land in an Erosion Management Overlay in the municipal district of the Shire of Yarra Ranges, in addition to the requirements specified in Clause 52.39-2, the written authorisation of the responsible authority must be obtained prior to: Constructing a building or constructing and carrying out works; or
Removing, destroying or lopping vegetation.
52.39-4 Land in a Floodway Overlay, Land Subject to Inundation Overlay or Special Building Overlay
For land in a Floodway Overlay, Land Subject to Inundation Overlay or Special Building Overlay, in addition to the requirements specified in Clause 52.39-2, the written authorisation of the relevant flood plain management authority must be obtained prior to the commencement of construction of a building or the construction or carrying out of works.
52.39-5 Decision guidelines
Before deciding on approval of the site plan, in addition to the decision guidelines in Clause 65 and any other requirements of the Act, the responsible authority must consider, as appropriate: The extent to which the siting of the building and associated development can
reasonably achieve compliance with other relevant requirements of this scheme.
The extent to which the replacement dwelling or dependent person’s unit can be located on the land to assist the minimisation of risk to life and property from bushfire.
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PARTICULAR PROVISIONS - CLAUSE 52.40 PAGE 1 OF 3
52.40 GOVERNMENT FUNDED EDUCATION FACILITIES
Purpose
To support the development of educational facilities and associated infrastructure in
Victorian Schools under the Building the Education Revolution program funded by the
Commonwealth’s Nation Building Economic Stimulus Plan.
52.40-1 Scope
This clause applies to the construction of buildings or the construction or carrying out of
works carried out by or on behalf of an education centre and recommended for funding
under the Commonwealth Building the Education Revolution (BER) program.
Where certification requirements are met the construction of buildings and the carrying
out of works does not require a planning permit.
Where the requirements of certification are not met, or where land is affected by an
overlay, plans must be submitted for approval to the satisfaction of the responsible
authority. A planning permit is not required.
52.40-2 Exemption from planning scheme requirements - certification
Any requirement of the scheme to obtain a permit or any provision in the scheme which
prohibits demolition, buildings and works or requires the buildings and works to be
carried out in a particular manner does not apply to buildings and works specified in
Clause 52.40–1 provided all of the following requirements are met:
� The buildings and works are not within green wedge land as defined in section
46AC of the Planning and Environment Act 1987.
� The buildings and works are set back at least 5 metres from any property boundary.
� For buildings and works that are set back between 5 and less than 20 metres from a
property boundary, the development does not exceed 8.5 metres in height.
� For buildings and works that are set back 20 metres or more from a property
boundary, the development does not exceed 12 metres in height.
� Any window is located and designed to avoid direct views into the secluded private
open space and habitable room windows of an existing dwelling within a horizontal
distance of 9 metres (measured at ground level) of the window, except where it
either:-
� Has a sill height of at least 1.7 metres above floor level.
� Has fixed, obscure glazing in any part of the window below 1.7 metres above
floor level.
� Has permanently fixed external screens to at least 1.7 metres above floor level.
� The buildings and works does not result in a change to the existing traffic access
arrangements or changes to the number of car parking spaces provided on site.
� Native vegetation is not removed, destroyed or lopped, except where:-
� It is exempt under Clause 52.17-6.
� There are no more than 5 trees to be removed if each tree has a trunk diameter
of less than 40 centimetres, as measured at a height of 1.3 metres above
ground level.
� The buildings and works are not affected by any planning scheme overlay.
A building and works which accords with all the above requirements must be certified by
a qualified building surveyor. The certified plans must be signed and dated.
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Where the requirements of certification are not met or where land is affected by an
overlay, plans must be submitted for approval to the satisfaction of the responsible
authority in accordance with Clause 52.40-4.
52.40-3 Information requirements
Plans submitted for certification or approved to the satisfaction of the responsible
authority in accordance with Clause 52.40-2 and 52.40-4 must contain the following
information:
� An identifying plan number and date, title, scale and orientation.
� The boundaries and dimensions of the whole site.
� The location and use of buildings and works on the site and adjoining land.
� Layout of existing buildings and works, and the layout and floor plan of the
proposed development.
� Dimensioned setback distances from the proposed development to all site
boundaries.
� Extent of any proposed building demolition and structures to remain.
� Elevations of the proposed buildings and works on the site including proposed
alterations and additions to existing buildings.
� A schedule of materials, colours and finishes of external surfaces.
� The location of existing vegetation and details of any vegetation removal including
lopping.
Where plans are submitted for approval to the satisfaction of the responsible authority in
accordance with Clause 52.40-4 the responsible authority may waive or reduce these
requirements.
52.40-4 Plans approved to the satisfaction of the responsible authority
Any requirement of the scheme to obtain a permit or any provision in the scheme which
prohibits demolition, buildings and works or requires the buildings and works to be
carried out in a particular manner does not apply to buildings and works specified in
Clause 52.40–1 and where approved to the satisfaction of the responsible authority.
Where any of the requirements of Clause 52.40-2 are not met, or where land is affected
by an overlay, plans must be submitted and approved to the satisfaction of the
responsible authority. The plans submitted to the responsible authority must include the
following requirements:
� For land within a Floodway Overlay, Special Building Overlay or Land Subject to
Inundation Overlay, be accompanied by the written authorisation of the relevant
floodplain management authority.
� For land within a Heritage Overlay, be accompanied by a report or statement
addressing the impact of the proposed works on the heritage significance of the site.
� For land within a Vegetation Protection Overlay, Environmental Significance
Overlay or Significant Landscape Overlay be accompanied by a report or statement
prepared by a suitably qualified consultant addressing the impact of the proposed
works and/or vegetation removal on the relevant statement of significance and
objectives of the overlay.
� For land within a Development Plan Overlay or Incorporated Plan Overlay be
accompanied by a copy of the approved Development Plan or Incorporated Plan,
where applicable.
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� For land within an Airport Environs Overlay, Melbourne Airport Environs Overlay,
City Link Project Overlay, Public Acquisition Overlay, Wildfire Management
Overlay, Salinity Management Overlay, State Resource Overlay, be accompanied
by the written authorisation of the relevant management authority.
� For land within any other overlay, be accompanied by a statement or report
addressing the impact of the proposed buildings and works on the relevant purposes
and decision guidelines of the overlay.
� For any buildings and works which include a change to traffic access, a traffic
report prepared by a suitably qualified consultant is required to be submitted to the
responsible authority.
The responsible authority may waive or reduce any of these requirements.
52.40-5 Lodgement of plans
Once certified by a qualified building surveyor or approved by the responsible authority,
the school must lodge a copy of the plans with the relevant council, together with written
confirmation that the BER funding has been granted, prior to the commencement of the
buildings and works.
The buildings and works must be constructed in accordance with the certified plans.
52.40-6 Decision Guidelines
Before determining that the plans submitted under Clause 52.40-4 are to the satisfaction
of the responsible authority, in addition to the decision guidelines in Clause 65 and any
other requirements of the Act, the responsible authority must consider, as appropriate:
� The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
� The extent to which the development is generally in accordance with the strategic
intent of any approved Development Plan, Incorporated Plan or relevant Structure
Plan for the site.
� The impact of the buildings and works on the amenity of the surrounding area
including overlooking, overshadowing and neighbourhood character.
� The purposes and decision guidelines of any planning scheme zone or overlay
affecting the site.
� Any comments from the relevant council.
52.40-7 Transitional arrangements
The requirements of the planning scheme as in force immediately before 22 May 2009
continue to apply to a permit application for buildings and works carried out by or on
behalf of an education centre, to which this clause would otherwise apply, made before
that date.
52.40-8 Expiry
The provisions of this Clause will expire on 30 June 2012.
Notes: In accordance with Clause 61.01 the Minister for Planning is the Responsible Authority
for buildings and, or works in education centres that are proposed to be funded under
the Building the Education Revolution program.
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PARTICULAR PROVISIONS - CLAUSE 52.41 PAGE 1 OF 2
52.41 GOVERNMENT FUNDED SOCIAL HOUSING
Purpose
To support the development of social housing projects funded under the
Commonwealth’s Nation Building Economic Stimulus Plan.
52.41-1 Scope
This clause applies to the use or development of land for accommodation recommended
for funding by the Department of Human Services (Office of Housing Victoria) under the
Social Housing Initiative of the Commonwealth’s Nation Building Economic Stimulus
Plan.
52.41-2 Application requirements
An application to use land, construct a building or carry out works must be accompanied
by the following information, as appropriate:
� Written confirmation from the Department of Human Services (Office of Housing
Victoria) that the application is a priority project and recommended for funding
under the Social Housing Initiative of the Commonwealth’s Nation Building
Economic Stimulus Plan.
� Certification from a suitably qualified town planning consultant declaring that the
application lodged with the Minister for Planning:
� Is consistent with the State Planning Policy Framework and the Local
Planning Policy Framework, including the Municipal Strategic Statement and
local planning policies.
� Contains all necessary information to enable the Minister for Planning to make
a decision on the proposal (including assessment against the requirements of
Clauses 54.01 and 55.01 in relation to neighbourhood and site description and
design response, as appropriate).
The responsible authority may waive or reduce these requirements.
52.41-3 Exemption from notice and review
An application under any provision of the scheme to use land, construct a building or
carry out works for accommodation is exempt from the notice requirements of Section 52
(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act if the application is accompanied by written
confirmation from the Department of Human Services (Office of Housing Victoria) that
the application is a priority project and has been recommended for funding under the
Social Housing Initiative of the Commonwealth’s Nation Building Economic Stimulus
Plan.
52.41-4 Decision Guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
� The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
� Any comments from the relevant council.
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52.41-5 Transitional arrangements
The requirements of the planning scheme as in force immediately before 22 May 2009
continue to apply to a permit application for use and development for accommodation, to
which this clause would otherwise apply, made before that date.
52.41-6 Expiry
The provisions of this Clause will expire on 30 June 2012.
Notes: In accordance with Clause 61.01 the Minister for Planning is the Responsible Authority
for applications for the use of land for accommodation, or for buildings and works in
association with the use of land for accommodation, that have been recommended for
funding under the Social Housing Initiative of the Commonwealth’s Nation Building
Economic Stimulus Plan.
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52.42 RENEWABLE ENERGY FACILITY (OTHER THAN WIND ENERGY FACILITY AND GEOTHERMAL ENERGY EXTRACTION) 21/09/2009
VC60
Purpose
To facilitate the establishment and expansion of renewable energy facilities, in appropriate locations, with minimal impact on the amenity of the area.
52.42-1 Scope 21/09/2009 VC60
This clause applies to land used and developed or proposed to be used and developed for a renewable energy facility.
52.42-2 Application requirements 21/09/2009 VC60
An application must be accompanied by the following information, as appropriate:
A site and context analysis, including:
A site plan, photographs or other techniques to accurately describe the site and the surrounding area.
A location plan showing the full site area, local electricity grid, access roads to the site and direction and distance to nearby accommodation, hospital or education centre.
A design response, including:
Detailed plans of the proposed development including, the layout and height of the facility and associated building and works, materials, reflectivity, colour, lighting, landscaping, the electricity distribution starting point (where the electricity will enter the distribution system), access roads and parking areas.
Accurate visual simulations illustrating the development in the context of the surrounding area and from key public view points.
The extent of vegetation removal and a rehabilitation plan for the site.
A written report(s), including:
An explanation of how the proposed design derives from and responds to the site analysis.
A description of the proposal, including the types of process to be utilised, materials to be stored and the treatment of waste.
Whether a Works Approval or Licence is required from the Environment Protection Authority.
An assessment of:
the potential amenity impacts such as noise, glint, light spill, emissions to air, land or water, vibration, smell and electromagnetic interference.
the effect of traffic to be generated on roads.
the impact upon Aboriginal or non-Aboriginal cultural heritage.
the impact of the proposal on any species listed under the Flora and Fauna Guarantee Act 1988 or Environment Protection and Biodiversity Conservation Act 1999.
PARTICULAR PROVISIONS - CLAUSE 52.42 PAGE 1 OF 2
A statement of why the site is suitable for a renewable energy facility including, a calculation of the greenhouse benefits.
An environmental management plan including, a construction management plan, any rehabilitation and monitoring.
52.42-3 Decision guidelines 21/09/2009 VC60
Before deciding on an application, in addition to the decision guidelines of Clause 65, the responsible authority must consider, as appropriate:
The effect of the proposal on the surrounding area in terms of noise, glint, light spill, vibration, smell and electromagnetic interference
The impact of the proposal on significant views, including visual corridors and sightlines.
The impact of the proposal on the natural environment and natural systems.
Whether the proposal will require traffic management measures.
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PARTICULAR PROVISIONS - CLAUSE 52.43 PAGE 1 OF 1
52.43 INTERIM MEASURES FOR BUSHFIRE PROTECTION
Purpose
To enable the removal, destruction or lopping of vegetation to reduce fuel load around existing buildings used for accommodation, adjacent to existing fences on property boundaries and on roadsides to assist with minimising risk to life and property from bushfire.
52.43-1 Exemption from planning scheme and planning permit requirements
Any requirement of a planning permit, including any condition, which has the effect of prohibiting the removal, destruction or lopping of vegetation, or any requirement of the planning scheme to obtain a planning permit or any provision in the planning scheme which prohibits the removal, destruction or lopping of vegetation or requires the removal, destruction or lopping of vegetation to be carried out in a particular manner, does not apply to the following measures for bushfire protection: The removal, destruction or lopping of any vegetation within 10 metres of an existing
building used for accommodation that was: constructed before 10 September 2009; or approved by a planning permit issued under this planning scheme before 10
September 2009; or approved by a building permit issued under the Building Act 1993 before 10
September 2009. The removal, destruction or lopping of any vegetation, except for trees, within 30
metres of an existing building used for accommodation: constructed before 10 September 2009; or approved by a planning permit issued under this planning scheme before 10
September 2009; or approved by a building permit issued under the Building Act 1993 before 10
September 2009. The removal, destruction or lopping of any vegetation for a combined maximum
width of 4 metres either side of an existing fence on a boundary between properties in different ownership that was constructed before 10 September 2009.
Fuel reduction burning on the roadside of an existing public road. The removal of fallen wood for personal use from the roadside of an existing public
road. This clause does not apply to the area covered by the Banyule, Bayside, Boroondara, Brimbank, Darebin, Glen Eira, Greater Dandenong, Hobsons Bay, Kingston, Knox, Maribyrnong, Maroondah, Melbourne, Monash, Moonee Valley, Moreland, Port of Melbourne, Port Phillip, Stonnington, Whitehorse and Yarra Planning Schemes. For the avoidance of doubt any planning permit exemption provided by the planning scheme for the removal, destruction or lopping of vegetation continues to apply.
52.43-2 Expiry
The provisions of this clause will expire on 31 August 2010.
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22/01/2010 VC65
10/09/2009 VC61
PARTICULAR PROVISIONS - CLAUSE 54 PAGE 1 OF 1
54 ONE DWELLING ON A LOT
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To achieve residential development that respects the existing neighbourhood character orwhich contributes to a preferred neighbourhood character.
To encourage residential development that provides reasonable standards of amenity forexisting and new residents.
To encourage residential development that is responsive to the site and the neighbourhood.
Application
These provisions apply to an application to construct a building or construct or carry outworks associated with one dwelling on a lot under the provisions of:
A Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone orTownship Zone.
A Neighbourhood Character Overlay if the land is in a Residential 1 Zone, Residential 2Zone, Residential 3 Zone, Mixed Use Zone or Township Zone.
Operation
The provisions of this clause contain:
Objectives. An objective describes the desired outcome to be achieved in the completeddevelopment.
Standards. A standard contains the requirements to meet the objective.A standard should normally be met. However, if the responsible authority is satisfiedthat an application for an alternative design solution meets the objective, the alternativedesign solution may be considered.
Decision guidelines. The decision guidelines set out the matters that the responsibleauthority must consider before deciding if an application meets the objectives.
Requirements
A development:
Must meet all of the objectives of this clause. Should meet all of the standards of this clause.
If the schedule to a zone specifies a requirement of a standard different from a requirementset out in this clause, the requirement in the schedule to the zone applies.
If the land is included in a Neighbourhood Character Overlay and a schedule to the overlayspecifies a requirement of a standard different from a requirement set out in this clause or arequirement in the schedule to a zone, the requirement in the schedule to the overlayapplies.
If the land is included in an overlay, other than a Neighbourhood Character Overlay, and aschedule to the overlay specifies a requirement different from a requirement of a standardset out in this clause or a requirement of a standard set out in the schedule to a zone, therequirement in the overlay applies.
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54.01 NEIGHBOURHOOD AND SITE DESCRIPTION AND DESIGN RESPONSE
An application must be accompanied by:
A neighbourhood and site description.
A design response.
54.01-1 Neighbourhood and site description
The neighbourhood and site description may use a site plan, photographs or othertechniques and must accurately describe:
In relation to the neighbourhood:
The built form, scale and character of surrounding development including frontfencing.
Architectural and roof styles.
Any other notable features or characteristics of the neighbourhood.
In relation to the site:
Site shape, size, orientation and easements.
Levels of the site and the difference in levels between the site and surroundingproperties.
Location of existing buildings on the site and on surrounding properties, includingthe location and height of walls built to the boundary of the site.
The use of surrounding buildings.
The location of secluded private open space and habitable room windows ofsurrounding properties which have an outlook to the site within 9 metres.
Solar access to the site and to surrounding properties.
Location of significant trees existing on the site and any significant trees removedfrom the site in the 12 months prior to the application being made, where known.
Any contaminated soils and filled areas, where known.
Views to and from the site.
Street frontage features such as poles, street trees and kerb crossovers.
Any other notable features or characteristics of the site.If in the opinion of the responsible authority a requirement of the neighbourhood and sitedescription is not relevant to the evaluation of an application, the responsible authority maywaive or reduce the requirement.
Satisfactory neighbourhood and site description
The responsible authority must inform the applicant in writing:
Before notice of an application is given, or
If notice of an application is not required to be given, before deciding the application,
that the neighbourhood and site description meets the requirements of Clause 54.01-1 and issatisfactory or does not meet the requirements of Clause 54.01-1 and is not satisfactory.
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If the responsible authority decides that the neighbourhood and site description is notsatisfactory, it may require more information from the applicant under Section 54 of theAct.
The responsible authority must not require notice of an application to be given or decide anapplication until it is satisfied that the neighbourhood and site description meets therequirements of Clause 54.01-1 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)of the Act.
54.01-2 Design response
The design response must explain how the proposed design:
Derives from and responds to the neighbourhood and site description.
Meets the objectives of Clause 54.
Responds to any neighbourhood character features for the area identified in a localplanning policy or a Neighbourhood Character Overlay.
The design response must include correctly proportioned street elevations or photographsshowing the development in the context of adjacent buildings. If in the opinion of theresponsible authority this requirement is not relevant to the evaluation of an application, itmay waive or reduce the requirement.
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54.02 NEIGHBOURHOOD CHARACTER
54.02-1 Neighbourhood character objective
To ensure that the design respects the existing neighbourhood character or contributes to apreferred neighbourhood character.
To ensure that the design responds to the features of the site and the surrounding area.
Standard A1
The design response must be appropriate to the neighbourhood and the site.
The proposed design must respect the existing or preferred neighbourhood character andrespond to the features of the site.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The neighbourhood and site description.
The design response.
54.02-2 Integration with the street objective
To integrate the layout of development with the street.
Standard A2
Dwellings should be oriented to front existing and proposed streets.
High fencing in front of dwellings should be avoided if practicable.
Dwellings should be designed to promote the observation of abutting streets and anyabutting public open spaces.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
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54.03 SITE LAYOUT AND BUILDING MASSING
54.03-1 Street setback objective
To ensure that the setbacks of buildings from a street respect the existing or preferredneighbourhood character and make efficient use of the site.
Standard A3
Walls of buildings should be set back from streets:
At least the distance specified in the schedule to the zone, or
If no distance is specified in the schedule to the zone, the distance specified in TableA1.
Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroachnot more than 2.5 metres into the setbacks of this standard.
Table A1 Street setback
DEVELOPMENTCONTEXT
MINIMUM SETBACKFROM FRONT STREET(METRES)
MINIMUM SETBACKFROM A SIDE STREET(METRES)
There is an existing buildingon both the abuttingallotments facing the samestreet, and the site is not ona corner.
The average distance of thesetbacks of the front wallsof the existing buildings onthe abutting allotmentsfacing the front street or 9metres, whichever is thelesser.
Not applicable
There is an existing buildingon one abutting allotmentfacing the same street andno existing building on theother abutting allotmentfacing the same street, andthe site is not on a corner.
The same distance as thesetback of the front wall ofthe existing building on theabutting allotment facingthe front street or 9 metres,whichever is the lesser.
Not applicable
There is no existing buildingon either of the abuttingallotments facing the samestreet, and the site is not ona corner.
6 metres for streets in aRoad Zone, Category 1,and 4 metres for otherstreets.
Not applicable
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DEVELOPMENTCONTEXT
MINIMUM SETBACKFROM FRONT STREET(METRES)
MINIMUM SETBACKFROM A SIDE STREET(METRES)
The site is on a corner. If there is a building on theabutting allotment facingthe front street, the samedistance as the setback ofthe front wall of the existingbuilding on the abuttingallotment facing the frontstreet or 9 metres,whichever is the lesser.
If there is no building on theabutting allotment facingthe front street, 6 metres forstreets in a Road Zone,Category 1, and 4 metresfor other streets.
The same distance as thesetback of the front wall ofany existing building on theabutting allotment facingthe side street or 2 metres,whichever is the lesser.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
Whether a different setback would be more appropriate taking into account theprevailing setbacks of existing buildings on nearby lots.
The visual impact of the building when viewed from the street and from adjoiningproperties.
The value of retaining vegetation within the front setback.
54.03-2 Building height objective
To ensure that the height of buildings respects the existing or preferred neighbourhoodcharacter.
Standard A4
The maximum building height should not exceed the maximum height specified in thezone, schedule to the zone or an overlay that applies to the land.
If no maximum height is specified in the zone, schedule to the zone or an overlay, themaximum building height should not exceed 9 metres, unless the slope of the naturalground level at any cross section wider than 8 metres of the site of the building is 2.5degrees or more, in which case the maximum building height should not exceed 10 metres.
Changes of building height between existing buildings and new buildings should begraduated.
Decision guidelines
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Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The effect of the slope of the site on the height of the building.
The relationship between the proposed building height and the height of existingadjacent buildings.
The visual impact of the building when viewed from the street and from adjoiningproperties.
54.03-3 Site coverage objective
To ensure that the site coverage respects the existing or preferred neighbourhood characterand responds to the features of the site.
Standard A5
The site area covered by buildings should not exceed:
The maximum site coverage specified in the schedule to the zone, or
If no maximum site coverage is specified in the schedule to the zone, 60 per cent.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The existing site coverage and any constraints imposed by existing development or thefeatures of the site.
The site coverage of adjacent properties.
The effect of the visual bulk of the building and whether this is acceptable in theneighbourhood.
54.03-4 Permeability objectives
To reduce the impact of increased stormwater run-off on the drainage system.
To facilitate on-site stormwater infiltration.
Standard A6
At least 20 per cent of the site should not be covered by impervious surfaces.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
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The existing site coverage and any constraints imposed by existing development.
The capacity of the drainage network to accommodate additional stormwater.
The capacity of the site to absorb run-off.
The practicality of achieving at least 20 per cent site coverage of pervious surfaces,particularly on lots of less than 300 square metres.
54.03-5 Energy efficiency protection objectives
To achieve and protect energy efficient dwellings.
To ensure the orientation and layout of development reduce fossil fuel energy use and makeappropriate use of daylight and solar energy.
Standard A7
Buildings should be:
Oriented to make appropriate use of solar energy.
Sited and designed to ensure that the energy efficiency of existing dwellings onadjoining lots is not unreasonably reduced.
Living areas and private open space should be located on the north side of the dwelling, ifpracticable.
Dwellings should be designed so that solar access to north-facing windows is maximised.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The size, orientation and slope of the lot.
The existing amount of solar access to abutting properties.
The availability of solar access to north-facing windows on the site.
54.03-6 Significant trees objectives
To encourage development that respects the landscape character of the neighbourhood.
To encourage the retention of significant trees on the site.
Standard A8
Development should provide for the retention or planting of trees, where these are part ofthe neighbourhood character.
Development should provide for the replacement of any significant trees that have beenremoved in the 12 months prior to the application being made.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
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The design response.
The health of any trees that were removed or are proposed to be removed.
Whether a tree was removed to gain a development advantage.
54.03-7 Parking objective
To ensure that car parking is adequate for the needs of residents.
Standard A9
Two car spaces should be provided per dwelling with:
One space at least 6 metres long and 3.5 metres wide and covered or capable of beingcovered.
The second space at least 4.9 metres long and 2.6 metres wide.If the car spaces are provided in a garage, carport or otherwise constrained by walls, adouble space may be 5.5 metres wide measured inside the garage or carport.
A building may project into a car space if it is at least 2.1 metres above the space.
The requirements of this standard do not apply to extensions to existing dwellings.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The likely needs of users.
The practicality of providing car parking on the site, particularly for lots of less than300 square metres.
The reduction of on-street car parking spaces resulting from the provision of car parkingon the site, particularly for lots of less than 300 square metres.
The availability of public transport and on-street parking.
Any relevant local planning policy or parking precinct plan.
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54.04 AMENITY IMPACTS
54.04-1 Side and rear setbacks objective
To ensure that the height and setback of a building from a boundary respects the existing orpreferred neighbourhood character and limits the impact on the amenity of existingdwellings.
Standard A10
A new building not on or within 150mm of a boundary should be set back from side or rearboundaries:
At least the distance specified in the schedule to the zone, or
If no distance is specified in the schedule to the zone, 1 metre, plus 0.3 metres for everymetre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of heightover 6.9 metres.
Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes,domestic fuel or water tanks, and heating or cooling equipment or other services mayencroach not more than 0.5 metres into the setbacks of this standard.
Landings having an area of not more than 2 square metres and less than 1 metre high,stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of thisstandard.
Diagram A1 Side and rear setbacks
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The impact on the amenity of the habitable room windows and secluded private openspace of existing dwellings.
Whether the wall is opposite an existing or simultaneously constructed wall built to theboundary.
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Whether the wall abuts a side or rear lane.
54.04-2 Walls on boundaries objective
To ensure that the location, length and height of a wall on a boundary respects the existingor preferred neighbourhood character and limits the impact on the amenity of existingdwellings.
Standard A11
A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carportconstructed on or within 1 metre of a side or rear boundary of a lot should not abut theboundary for a length of more than:
10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot,or
Where there are existing or simultaneously constructed walls or carports abutting theboundary on an abutting lot, the length of the existing or simultaneously constructedwalls or carports,
whichever is the greater.
A new wall or carport may fully abut a side or rear boundary where the slope and retainingwalls or fences would result in the effective height of the wall or carport being less than 2metres on the abutting property boundary.
A building on a boundary includes a building set back up to 150mm from a boundary.
The height of a new wall constructed on or within 150mm of a side or rear boundary or acarport constructed on or within 1 metre of a side or rear boundary should not exceed anaverage of 3 metres with no part higher than 3.6 metres unless abutting a higher existing orsimultaneously constructed wall.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The extent to which walls on boundaries are part of the neighbourhood character.
The visual impact of the building when viewed from adjoining properties.
The impact on the amenity of existing dwellings.
The opportunity to minimise the length of walls on boundaries by aligning a new wallon a boundary with an existing wall on a lot of an adjoining property.
The orientation of the boundary that the wall is being built on.
The width of the lot.
The extent to which the slope and retaining walls or fences reduce the effective heightof the wall.
Whether the wall abuts a side or rear lane.
The need to increase the wall height to screen a box gutter.
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54.04-3 Daylight to existing windows objective
To allow adequate daylight into existing habitable room windows.
Standard A12
Buildings opposite an existing habitable room window should provide for a light court tothe existing window that has a minimum area of 3 square metres and minimum dimensionof 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.
Walls or carports more than 3 metres in height opposite an existing habitable room windowshould be set back from the window at least 50 per cent of the height of the new wall if thewall is within a 55 degree arc from the centre of the existing window. The arc may beswung to within 35 degrees of the plane of the wall containing the existing window.
Where the existing window is above ground floor level, the wall height is measured fromthe floor level of the room containing the window.
Diagram A2 Daylight to existing windows
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The extent to which the existing dwelling has provided for reasonable daylight access toits habitable rooms through the siting and orientation of its habitable room windows.
The impact on the amenity of existing dwellings.
54.04-4 North-facing windows objective
To allow adequate solar access to existing north-facing habitable room windows.
Standard A13
If a north-facing habitable room window of an existing dwelling is within 3 metres of aboundary on an abutting lot, a building should be setback from the boundary 1 metre, plus
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0.6 metre for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for everymetre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of thewindow. A north-facing window is a window with an axis perpendicular to its surfaceoriented north 20 degrees west to north 30 degrees east.
Diagram A3 North-facing windows
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
Existing sunlight to the north-facing habitable room window of the existing dwelling.
The impact on the amenity of existing dwellings.
54.04-5 Overshadowing open space objective
To ensure buildings do not unreasonably overshadow existing secluded private open space.
Standard A14
Where sunlight to the secluded private open space of an existing dwelling is reduced, atleast 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever isthe lesser area, of the secluded private open space should receive a minimum of five hoursof sunlight between 9 am and 3 pm on 22 September.
If existing sunlight to the secluded private open space of an existing dwelling is less thanthe requirements of this standard, the amount of sunlight should not be further reduced.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The impact on the amenity of existing dwellings.
Existing sunlight penetration to the secluded private open space of the existingdwelling.
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The time of day that sunlight is available to the secluded private open space of theexisting dwelling.
The effect of a reduction in sunlight on the existing use of the secluded private openspace.
54.04-6 Overlooking objective
To limit views into existing secluded private open space and habitable room windows.
Standard A15
A habitable room window, balcony, terrace, deck or patio should be located and designedto avoid direct views into the secluded private open space and habitable room windows ofan existing dwelling within a horizontal distance of 9 metres (measured at ground level) ofthe window, balcony, terrace, deck or patio. Views should be measured within a 45 degreeangle from the plane of the window or perimeter of the balcony, terrace, deck or patio, andfrom a height of 1.7 metres above floor level.
A habitable room window, balcony, terrace, deck or patio with a direct view into ahabitable room window of existing dwelling within a horizontal distance of 9 metres(measured at ground level) of the window, balcony, terrace, deck or patio should be either:
Offset a minimum of 1.5 metres from the edge of one window to the edge of the other,or
Have sill heights of at least 1.7 metres above floor level, or
Have obscure glazing in any part of the window below 1.7 metres above floor level, or
Have permanently fixed external screens to at least 1.7 metres above floor level and beno more than 25 per cent transparent.
Obscure glazing in any part of the window below 1.7 metres above floor level may beopenable provided that there are no direct views as specified in this standard.
Screens used to obscure a view should be:
Perforated panels or trellis with a maximum of 25 per cent openings or solid translucentpanels.
Permanent, fixed and durable.
Designed and coloured to blend in with the development.This standard does not apply to a new habitable room window, balcony, terrace, deck orpatio which faces a property boundary where there is a visual barrier at least 1.8 metreshigh and the floor level of the habitable room, balcony, terrace, deck or patio is less than0.8 metres above ground level at the boundary.
Diagram A4 Overlooking open space
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Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The impact on the amenity of the secluded private open space or habitable roomwindow.
The existing extent of overlooking into the secluded private open space and habitableroom windows of existing dwellings.
The internal daylight to and amenity of the proposed dwelling.
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54.05 ON-SITE AMENITY AND FACILITIES
54.05-1 Daylight to new windows objective
To allow adequate daylight into new habitable room windows.
Standard A16
A window in a habitable room should be located to face:
An outdoor space clear to the sky or a light court with a minimum area of 3 squaremetres and minimum dimension of 1 metre clear to the sky, not including land on anabutting lot, or
A verandah provided it is open for at least one third of its perimeter, or
A carport provided it has two or more open sides and is open for at least one third of itsperimeter.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
Whether there are other windows in the habitable room which have access to daylight.
54.05-2 Private open space objective
To provide adequate private open space for the reasonable recreation and service needs ofresidents.
Standard A17
A dwelling should have private open space of an area and dimensions specified in theschedule to the zone.
If no area or dimensions is specified in the schedule to the zone, a dwelling should haveprivate open space consisting of an area of 80 square metres or 20 per cent of the area ofthe lot, whichever is the lesser, but not less than 40 square metres. At least one part of theprivate open space should consist of secluded private open space with a minimum area of25 square metres and a minimum dimension of 3 metres at the side or rear of the dwellingwith convenient access from a living room.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The useability of the private open space, including its size and accessibility.
The availability of and access to public open space.
The orientation of the lot to the street and the sun.
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54.05-3 Solar access to open space objective
To allow solar access into the secluded private open space of a new dwelling.
Standard A18
The private open space should be located on the north side of the dwelling, if practicable.
The southern boundary of secluded private open space should be set back from any wall onthe north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall.
Diagram A5 Solar access to open space
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The useability and amenity of the secluded private open space based on the sunlight itwill receive.
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54.06 DETAILED DESIGN
54.06-1 Design detail objective
To encourage design detail that respects the existing or preferred neighbourhood character.
Standard A19
The design of buildings, including:
Facade articulation and detailing,
Window and door proportions,
Roof form, and
Verandahs, eaves and parapets,
should respect the existing or preferred neighbourhood character.
Garages and carports should be visually compatible with the development and the existingor preferred neighbourhood character.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The effect on the visual bulk of the building and whether this is acceptable in theneighbourhood setting.
Whether the design is innovative and of a high architectural standard.
54.06-2 Front fences objective
To encourage front fence design that respects the existing or preferred neighbourhoodcharacter.
Standard A20
The design of front fences should complement the design of the dwelling and any frontfences on adjoining properties.
A front fence within 3 metres of a street should not exceed:
The maximum height specified in the schedule to the zone, or
If no maximum height is specified in the schedule to the zone, the maximum heightspecified in Table A2.
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Table A2 Maximum front fence height
STREET CONTEXT MAXIMUM FRONT FENCE HEIGHT
Streets in a Road Zone, Category 1 2 metres
Other streets 1.5 metres
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The setback, height and appearance of front fences on adjacent properties.
The extent to which slope and retaining walls reduce the effective height of the frontfence.
Whether the fence is needed to minimise noise intrusion.
PARTICULAR PROVISIONS - CLAUSE 55 PAGE 1 OF 2
55 TWO OR MORE DWELLINGS ON A LOT AND RESIDENTIAL BUILDINGS
Purpose
To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
To achieve residential development that respects the existing neighbourhood character orwhich contributes to a preferred neighbourhood character.
To encourage residential development that provides reasonable standards of amenity forexisting and new residents.
To encourage residential development that is responsive to the site and the neighbourhood.
Application
These provisions apply to an application to:
Construct a dwelling if there is at least one dwelling existing on the lot,
Construct two or more dwellings on a lot,
Extend a dwelling if there are two or more dwellings on the lot,
Construct or extend a dwelling on common property, or
Construct or extend a residential building,
in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone andTownship Zone.
These provisions do not apply to an application to construct or extend a development offour or more storeys, excluding a basement.
Operation
The provisions of this clause contain:
Objectives. An objective describes the desired outcome to be achieved in the completeddevelopment.
Standards. A standard contains the requirements to meet the objective.
A standard should normally be met. However, if the responsible authority is satisfiedthat an application for an alternative design solution meets the objective, the alternativedesign solution may be considered.
Decision guidelines. The decision guidelines set out the matters that the responsibleauthority must consider before deciding if an application meets the objectives.
Requirements
A development:
Must meet all of the objectives of this clause.
Should meet all of the standards of this clause.If the schedule to a zone specifies a requirement of a standard different from a requirementset out in this clause, the requirement in the schedule to the zone applies.
If the land is included in a Neighbourhood Character Overlay and a schedule to the overlayspecifies a requirement of a standard different from a requirement set out in this clause or a
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requirement in the schedule to a zone, the requirement in the schedule to the overlayapplies.
If the land is included in an overlay, other than a Neighbourhood Character Overlay, and aschedule to the overlay specifies a requirement different from a requirement of a standardset out in this clause or a requirement of a standard set out in the schedule to a zone, therequirement in the overlay applies.
PARTICULAR PROVISIONS - CLAUSE 55.01 PAGE 1 OF 2
55.01 NEIGHBOURHOOD AND SITE DESCRIPTION AND DESIGN RESPONSE
An application must be accompanied by:
A neighbourhood and site description.
A design response.
55.01-1 Neighbourhood and site description
The neighbourhood and site description may use a site plan, photographs or othertechniques and must accurately describe:
In relation to the neighbourhood:
The pattern of development of the neighbourhood.
The built form, scale and character of surrounding development including frontfencing.
Architectural and roof styles.
Any other notable features or characteristics of the neighbourhood.
In relation to the site:
Site shape, size, orientation and easements.
Levels of the site and the difference in levels between the site and surroundingproperties.
The location of existing buildings on the site and on surrounding properties,including the location and height of walls built to the boundary of the site.
The use of surrounding buildings.
The location of secluded private open space and habitable room windows ofsurrounding properties which have an outlook to the site within 9 metres.
Solar access to the site and to surrounding properties.
Location of significant trees existing on the site and any significant trees removedfrom the site 12 months prior to the application being made, where known.
Any contaminated soils and filled areas, where known.
Views to and from the site.
Street frontage features such as poles, street trees and kerb crossovers.
The location of local shops, public transport services and public open spaceswithin walking distance.
Any other notable features or characteristics of the site.If in the opinion of the responsible authority a requirement of the neighbourhood and sitedescription is not relevant to the evaluation of an application, the responsible authority maywaive or reduce the requirement.
Satisfactory neighbourhood and site description
The responsible authority must inform the applicant in writing:
Before notice of an application is given, or
If notice of an application is not required to be given, before deciding the application,
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that the neighbourhood and site description meets the requirements of Clause 55.01-1 and issatisfactory or does not meet the requirements of Clause 55.01-1 and is not satisfactory.
If the responsible authority decides that the neighbourhood and site description is notsatisfactory, it may require more information from the applicant under Section 54 of theAct.
The responsible authority must not require notice of an application to be given or decide anapplication until it is satisfied that the neighbourhood and site description meets therequirements of Clause 55.01-1 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)of the Act.
55.01-2 Design response
The design response must explain how the proposed design:
Derives from and responds to the neighbourhood and site description.
Meets the objectives of Clause 55.
Responds to any neighbourhood character features for the area identified in a localplanning policy or a Neighbourhood Character Overlay.
The design response must include correctly proportioned street elevations or photographsshowing the development in the context of adjacent buildings. If in the opinion of theresponsible authority this requirement is not relevant to the evaluation of an application, itmay waive or reduce the requirement.
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55.02 NEIGHBOURHOOD CHARACTER AND INFRASTRUCTURE
55.02-1 Neighbourhood character objectives
To ensure that the design respects the existing neighbourhood character or contributes to apreferred neighbourhood character.
To ensure that development responds to the features of the site and the surrounding area.
Standard B1
The design response must be appropriate to the neighbourhood and the site.
The proposed design must respect the existing or preferred neighbourhood character andrespond to the features of the site.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The neighbourhood and site description.
The design response.
55.02-2 Residential policy objectives
To ensure that residential development is provided in accordance with any policy forhousing in the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
To support medium densities in areas where development can take advantage of publictransport and community infrastructure and services.
Standard B2
An application must be accompanied by a written statement to the satisfaction of theresponsible authority that describes how the development is consistent with any relevantpolicy for housing in the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The State Planning Policy Framework and the Local Planning Policy Frameworkincluding the Municipal Strategic Statement and local planning policies.
The design response.
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55.02-3 Dwelling diversity objective
To encourage a range of dwelling sizes and types in developments of ten or moredwellings.
Standard B3
Developments of ten or more dwellings should provide a range of dwelling sizes and types,including:
Dwellings with a different number of bedrooms.
At least one dwelling that contains a kitchen, bath or shower, and a toilet and washbasin at ground floor level.
55.02-4 Infrastructure objectives
To ensure development is provided with appropriate utility services and infrastructure.
To ensure development does not unreasonably overload the capacity of utility services andinfrastructure.
Standard B4
Development should be connected to reticulated services, including reticulated sewerage,drainage, electricity and gas, if available.
Development should not unreasonably exceed the capacity of utility services andinfrastructure, including reticulated services and roads.
In areas where utility services or infrastructure have little or no spare capacity,developments should provide for the upgrading of or mitigation of the impact on services orinfrastructure.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The capacity of the existing infrastructure.
In the absence of reticulated sewerage, the capacity of the development to treat andretain all wastewater in accordance with the State Environment Protection Policy(Waters of Victoria) under the Environment Protection Act 1970.
If the drainage system has little or no spare capacity, the capacity of the development toprovide for stormwater drainage mitigation or upgrading of the local drainage system.
55.02-5 Integration with the street objective
To integrate the layout of development with the street.
Standard B5
Developments should provide adequate vehicle and pedestrian links that maintain orenhance local accessibility.
Development should be oriented to front existing and proposed streets.
High fencing in front of dwellings should be avoided if practicable.
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Development next to existing public open space should be laid out to complement the openspace.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 1 OF 9
55.03 SITE LAYOUT AND BUILDING MASSING
55.03-1 Street setback objective
To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.
Standard B6
Walls of buildings should be set back from streets:
At least the distance specified in the schedule to the zone, or
If no distance is specified in the schedule to the zone, the distance specified in Table B1.
Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard.
Table B1 Street setback
DEVELOPMENT CONTEXT MINIMUM SETBACK FROM FRONT STREET (METRES)
MINIMUM SETBACK FROM A SIDE STREET (METRES)
There is an existing building on both the abutting allotments facing the same street, and the site is not on a corner.
The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser.
Not applicable
There is an existing building on one abutting allotment facing the same street and no existing building on the other abutting allotment facing the same street, and the site is not on a corner.
The same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street or 9 metres, whichever is the lesser.
Not applicable
There is no existing building on either of the abutting allotments facing the same street, and the site is not on a corner.
6 metres for streets in a Road Zone, Category 1, and 4 metres for other streets.
Not applicable
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DEVELOPMENT CONTEXT MINIMUM SETBACK FROM FRONT STREET (METRES)
MINIMUM SETBACK FROM A SIDE STREET (METRES)
The site is on a corner. If there is a building on the abutting allotment facing the front street, the same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street or 9 metres, whichever is the lesser.
If there is no building on the abutting allotment facing the front street, 6 metres for streets in a Road Zone, Category 1, and 4 metres for other streets.
Front walls of new development fronting the side street of a corner site should be setback at least the same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 3 metres, whichever is the lesser.
Side walls of new development on a corner site should be setback the same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 2 metres, whichever is the lesser.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in this scheme.
The design response.
Whether a different setback would be more appropriate taking into account the prevailing setbacks of existing buildings on nearby lots.
The visual impact of the building when viewed from the street and from adjoining properties.
The value of retaining vegetation within the front setback.
55.03-2 Building height objective
To ensure that the height of buildings respects the existing or preferred neighbourhood character.
Standard B7
The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land.
If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres.
Changes of building height between existing buildings and new buildings should be graduated.
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Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in this scheme.
The design response.
The effect of the slope of the site on the height of the building.
The relationship between the proposed building height and the height of existing adjacent buildings.
The visual impact of the building when viewed from the street and from adjoining properties.
55.03-3 Site coverage objective
To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.
Standard B8
The site area covered by buildings should not exceed:
The maximum site coverage specified in the schedule to the zone, or
If no maximum site coverage is specified in the schedule to the zone, 60 per cent.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in this scheme.
The design response.
The existing site coverage and any constraints imposed by existing development or the features of the site.
The site coverage of adjacent properties.
The effect of the visual bulk of the building and whether this is acceptable in the neighbourhood.
55.03-4 Permeability objectives
To reduce the impact of increased stormwater run-off on the drainage system.
To facilitate on-site stormwater infiltration.
Standard B9
At least 20 per cent of the site should not be covered by impervious surfaces.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
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The design response.
The existing site coverage and any constraints imposed by existing development.
The capacity of the drainage network to accommodate additional stormwater.
The capacity of the site to absorb run-off.
The practicality of achieving at least 20 per cent site coverage of pervious surfaces, particularly on lots of less than 300 square metres.
55.03-5 Energy efficiency objectives
To achieve and protect energy efficient dwellings and residential buildings.
To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.
Standard B10
Buildings should be:
Oriented to make appropriate use of solar energy.
Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced.
Living areas and private open space should be located on the north side of the development, if practicable.
Developments should be designed so that solar access to north-facing windows is maximised.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The size, orientation and slope of the lot.
The existing amount of solar access to abutting properties.
The availability of solar access to north-facing windows on the site.
55.03-6 Open space objective
To integrate the layout of development with any public and communal open space provided in or adjacent to the development.
Standard B11
If any public or communal open space is provided on site, it should:
Be substantially fronted by dwellings, where appropriate.
Provide outlook for as many dwellings as practicable.
Be designed to protect any natural features on the site.
Be accessible and useable.
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Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant plan or policy for open space in the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The design response.
55.03-7 Safety objective
To ensure the layout of development provides for the safety and security of residents and property.
Standard B12
Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways.
Planting which creates unsafe spaces along streets and accessways should be avoided.
Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways.
Private spaces within developments should be protected from inappropriate use as public thoroughfares.
Decision guideline
Before deciding on an application, the responsible authority must consider the design response.
55.03-8 Landscaping objectives
To encourage development that respects the landscape character of the neighbourhood.
To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.
To provide appropriate landscaping.
To encourage the retention of mature vegetation on the site.
Standard B13
The landscape layout and design should:
Protect any predominant landscape features of the neighbourhood.
Take into account the soil type and drainage patterns of the site.
Allow for intended vegetation growth and structural protection of buildings.
In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals.
Provide a safe, attractive and functional environment for residents. Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood.
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Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.
The landscape design should specify landscape themes, vegetation (location and species), paving and lighting.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in this scheme.
Any relevant plan or policy for landscape design in the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The design response.
The location and size of gardens and the predominant plant types in the neighbourhood.
The health of any trees to be removed.
Whether a tree was removed to gain a development advantage.
55.03-9 Access objectives
To ensure vehicle access to and from a development is safe, manageable and convenient.
To ensure the number and design of vehicle crossovers respects the neighbourhood character.
Standard B14
Accessways should:
Be designed to allow convenient, safe and efficient vehicle movements and connections within the development and to the street network.
Be designed to ensure vehicles can exit a development in a forwards direction if the accessway serves five or more car spaces, three or more dwellings, or connects to a road in a Road Zone.
Be at least 3 metres wide.
Have an internal radius of at least 4 metres at changes of direction.
Provide a passing area at the entrance that is at least 5 metres wide and 7 metres long if the accessway serves ten or more spaces and connects to a road in a Road Zone.
The width of accessways or car spaces should not exceed:
33 per cent of the street frontage, or
if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage.
No more than one single-width crossover should be provided for each dwelling fronting a street.
The location of crossovers should maximise the retention of on-street car parking spaces.
The number of access points to a road in a Road Zone should be minimised.
Developments must provide for access for service, emergency and delivery vehicles.
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Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The impact on the neighbourhood character.
The practicality of providing car parking on the site, particularly for lots of less than 300 square metres.
The reduction of on-street car parking spaces.
Traffic flows in the street and the safety of motorists and pedestrians.
The effect on any significant vegetation on the site and footpath.
The efficient use of the site.
For developments with accessways longer than 60 metres or serving 16 or more dwellings, the relevant standards of Clauses 56.06-2, 56.06-4, 56.06-5, 56.06-7 and 56.06-8.
55.03-10 Parking location objectives
To provide convenient parking for resident and visitor vehicles.
To avoid parking and traffic difficulties in the development and the neighbourhood.
To protect residents from vehicular noise within developments.
Standard B15
Car parking facilities should:
Be reasonably close and convenient to dwellings and residential buildings.
Be secure.
Be designed to allow safe and efficient movements within the development.
Be well ventilated if enclosed. Large parking areas should be broken up with trees, buildings or different surface treatments.
Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.
Decision guideline
Before deciding on an application, the responsible authority must consider the design response.
55.03-11 Parking provision objectives
To ensure that car and bicycle parking for residents and visitors is appropriate to the needs of residents.
To ensure that the design of parking and access areas is practical and attractive and that these areas can be easily maintained.
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Standard B16
Car parking for residents should be provided as follows:
One space for each one or two bedroom dwelling.
Two spaces for each three or more bedroom dwelling, with one space under cover. Studies or studios that are separate rooms must be counted as bedrooms.
Developments of five or more dwellings should provide visitor car parking of one space for every five dwellings. The spaces should be clearly marked as visitor parking.
In developments of five or more dwellings, bicycle parking spaces should be provided.
Car spaces and accessways should have the minimum dimensions specified in Table B2.
Table B2 Car park and accessway dimensions
ANGLE OF CAR SPACES TO ACCESSWAY
ACCESSWAY WIDTH
CAR SPACE WIDTH
CAR SPACE LENGTH
Parallel 3.6 m 2.3 m 6.7 m
45° 3.5 m 2.6 m 4.9 m
60° 4.9 m 2.6 m 4.9 m
90° 6.4 m 2.6 m 4.9 m
5.8 m 2.8 m 4.9 m
5.2 m 3.0 m 4.9 m
4.8 m 3.2 m 4.9 m
A building may project into the space if it is at least 2.1 metres above the space.
Car spaces in garages, carports or otherwise constrained by walls should be at least 6 metres long and 3.5 metres wide for a single space and 5.5 metres wide for a double space measured inside the garage or carport.
Car parking facilities should:
Be designed for efficient use and management.
Minimise the area of hard surface.
Be designed, surfaced and graded to reduce run-off and allow stormwater to drain into the site.
Be lit.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The reduction in the demand for on-site parking in rental housing, managed by not for profit organisations, intended for residents likely to have a low level of car ownership.
The number, type and size of dwellings.
The availability of public transport and on-street parking.
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The practicality of providing car parking on the site, particularly for lots of less than 300 square metres.
The reduction of on-street car parking spaces associated with the provision of car parking on the site, particularly for lots of less than 300 square metres.
Local traffic and parking management plans and safety considerations.
Any relevant local planning policy or parking precinct plan.
PARTICULAR PROVISIONS - CLAUSE 55.04 PAGE 1 OF 7
55.04 AMENITY IMPACTS
55.04-1 Side and rear setbacks objective
To ensure that the height and setback of a building from a boundary respects the existing orpreferred neighbourhood character and limits the impact on the amenity of existingdwellings.
Standard B17
A new building not on or within 150mm of a boundary should be set back from side or rearboundaries:
At least the distance specified in the schedule to the zone, or
If no distance is specified in the schedule to the zone, 1 metre, plus 0.3 metres for everymetre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of heightover 6.9 metres.
Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes,domestic fuel or water tanks, and heating or cooling equipment or other services mayencroach not more than 0.5 metres into the setbacks of this standard.
Landings having an area of not more than 2 square metres and less than 1 metre high,stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of thisstandard.
Diagram B1 Side and rear setbacks
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The impact on the amenity of the habitable room windows and secluded private openspace of existing dwellings.
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Whether the wall is opposite an existing or simultaneously constructed wall built to theboundary.
Whether the wall abuts a side or rear lane.
55.04-2 Walls on boundaries objective
To ensure that the location, length and height of a wall on a boundary respects the existingor preferred neighbourhood character and limits the impact on the amenity of existingdwellings.
Standard B18
A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carportconstructed on or within 1 metre of a side or rear boundary of lot should not abut theboundary for a length of more than:
10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot,or
Where there are existing or simultaneously constructed walls or carports abutting theboundary on an abutting lot, the length of the existing or simultaneously constructedwalls or carports,
whichever is the greater.
A new wall or carport may fully abut a side or rear boundary where slope and retainingwalls or fences would result in the effective height of the wall or carport being less than 2metres on the abutting property boundary.
A building on a boundary includes a building set back up to 150mm from a boundary.
The height of a new wall constructed on or within 150mm of a side or rear boundary or acarport constructed on or within 1 metre of a side or rear boundary should not exceed anaverage of 3 metres with no part higher than 3.6 metres unless abutting a higher existing orsimultaneously constructed wall.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The extent to which walls on boundaries are part of the neighbourhood character.
The impact on the amenity of existing dwellings.
The opportunity to minimise the length of walls on boundaries by aligning a new wallon a boundary with an existing wall on a lot of an adjoining property.
The orientation of the boundary that the wall is being built on.
The width of the lot.
The extent to which the slope and retaining walls or fences reduce the effective heightof the wall.
Whether the wall abuts a side or rear lane.
The need to increase the wall height to screen a box gutter.
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55.04-3 Daylight to existing windows objective
To allow adequate daylight into existing habitable room windows.
Standard B19
Buildings opposite an existing habitable room window should provide for a light court tothe existing window that has a minimum area of 3 square metres and minimum dimensionof 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.
Walls or carports more than 3 metres in height opposite an existing habitable room windowshould be set back from the window at least 50 per cent of the height of the new wall if thewall is within a 55 degree arc from the centre of the existing window. The arc may beswung to within 35 degrees of the plane of the wall containing the existing window.
Where the existing window is above ground floor level, the wall height is measured fromthe floor level of the room containing the window.
Diagram B2 Daylight to existing windows
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The extent to which the existing dwelling has provided for reasonable daylight access toits habitable rooms through the siting and orientation of its habitable room windows.
The impact on the amenity of existing dwellings.
55.04-4 North-facing windows objective
To allow adequate solar access to existing north-facing habitable room windows.
Standard B20
If a north-facing habitable room window of an existing dwelling is within 3 metres of aboundary on an abutting lot, a building should be setback from the boundary 1 metre, plus0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre forevery metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side
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of the window. A north-facing window is a window with an axis perpendicular to itssurface oriented north 20 degrees west to north 30 degrees east.
Diagram B3 North-facing windows
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
Existing sunlight to the north-facing habitable room window of the existing dwelling.
The impact on the amenity of existing dwellings.
55.04-5 Overshadowing open space objective
To ensure buildings do not significantly overshadow existing secluded private open space.
Standard B21
Where sunlight to the secluded private open space of an existing dwelling is reduced, atleast 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever isthe lesser area, of the secluded private open space should receive a minimum of five hoursof sunlight between 9 am and 3 pm on 22 September.
If existing sunlight to the secluded private open space of an existing dwelling is less thanthe requirements of this standard, the amount of sunlight should not be further reduced.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The impact on the amenity of existing dwellings.
Existing sunlight penetration to the secluded private open space of the existingdwelling.
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The time of day that sunlight will be available to the secluded private open space of theexisting dwelling.
The effect of a reduction in sunlight on the existing use of the existing secluded privateopen space.
55.04-6 Overlooking objective
To limit views into existing secluded private open space and habitable room windows.
Standard B22
A habitable room window, balcony, terrace, deck or patio should be located and designedto avoid direct views into the secluded private open space of an existing dwelling within ahorizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace,deck or patio. Views should be measured within a 45 degree angle from the plane of thewindow or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metresabove floor level.
A habitable room window, balcony, terrace, deck or patio with a direct view into ahabitable room window of existing dwelling within a horizontal distance of 9 metres(measured at ground level) of the window, balcony, terrace, deck or patio should be either:
Offset a minimum of 1.5 metres from the edge of one window to the edge of the other.
Have sill heights of at least 1.7 metres above floor level.
Have fixed, obscure glazing in any part of the window below 1.7 metre above floorlevel.
Have permanently fixed external screens to at least 1.7 metres above floor level and beno more than 25 per cent transparent.
Obscure glazing in any part of the window below 1.7 metres above floor level may beopenable provided that there are no direct views as specified in this standard.
Screens used to obscure a view should be:
Perforated panels or trellis with a maximum of 25 per cent openings or solid translucentpanels.
Permanent, fixed and durable.
Designed and coloured to blend in with the development.
This standard does not apply to a new habitable room window, balcony, terrace, deck orpatio which faces a property boundary where there is a visual barrier at least 1.8 metreshigh and the floor level of the habitable room, balcony, terrace, deck or patio is less than0.8 metres above ground level at the boundary.
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Diagram B4 Overlooking open space
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The impact on the amenity of the secluded private open space or habitable roomwindow.
The existing extent of overlooking into the secluded private open space and habitableroom windows of existing dwellings.
The internal daylight to and amenity of the proposed dwelling or residential building.
55.04-7 Internal views objective
To limit views into the secluded private open space and habitable room windows ofdwellings and residential buildings within a development.
Standard B23
Windows and balconies should be designed to prevent overlooking of more than 50 percent of the secluded private open space of a lower-level dwelling or residential buildingdirectly below and within the same development.
Decision guideline
Before deciding on an application, the responsible authority must consider the designresponse.
55.04-8 Noise impacts objectives
To contain noise sources in developments that may affect existing dwellings.
To protect residents from external noise.
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Standard B24
Noise sources, such as mechanical plant, should not be located near bedrooms ofimmediately adjacent existing dwellings.
Noise sensitive rooms and secluded private open spaces of new dwellings and residentialbuildings should take account of noise sources on immediately adjacent properties.
Dwellings and residential buildings close to busy roads, railway lines or industry should bedesigned to limit noise levels in habitable rooms.
Decision guideline
Before deciding on an application, the responsible authority must consider the designresponse.
PARTICULAR PROVISIONS - CLAUSE 55.05 PAGE 1 OF 3
55.05 ON-SITE AMENITY AND FACILITIES
55.05-1 Accessibility objective
To encourage the consideration of the needs of people with limited mobility in the designof developments.
Standard B25
The dwelling entries of the ground floor of dwellings and residential buildings should beaccessible or able to be easily made accessible to people with limited mobility.
55.05-2 Dwelling entry objective
To provide each dwelling or residential building with its own sense of identity.
Standard B26
Entries to dwellings and residential buildings should:
Be visible and easily identifiable from streets and other public areas.
Provide shelter, a sense of personal address and a transitional space around the entry.
55.05-3 Daylight to new windows objective
To allow adequate daylight into new habitable room windows.
Standard B27
A window in a habitable room should be located to face:
An outdoor space clear to the sky or a light court with a minimum area of 3 squaremetres and minimum dimension of 1 metre clear to the sky, not including land on anabutting lot, or
A verandah provided it is open for at least one third of its perimeter, or
A carport provided it has two or more open sides and is open for at least one third of itsperimeter.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
Whether there are other windows in the habitable room which have access to daylight.
55.05-4 Private open space objective
To provide adequate private open space for the reasonable recreation and service needs ofresidents.
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Standard B28
A dwelling or residential building should have private open space of an area anddimensions specified in the schedule to the zone.
If no area or dimensions are specified in the schedule to the zone, a dwelling or residentialbuilding should have private open space consisting of:
An area of 40 square metres, with one part of the private open space to consist ofsecluded private open space at the side or rear of the dwelling or residential buildingwith a minimum area of 25 square metres, a minimum dimension of 3 metres andconvenient access from a living room, or
A balcony of 8 square metres with a minimum width of 1.6 metres and convenientaccess from a living room, or
A roof-top area of 10 square metres with a minimum width of 2 metres and convenientaccess from a living room.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The useability of the private open space, including its size and accessibility.
The availability of and access to public or communal open space.
The orientation of the lot to the street and the sun.
55.05-5 Solar access to open space objective
To allow solar access into the secluded private open space of new dwellings and residentialbuildings.
Standard B29
The private open space should be located on the north side of the dwelling or residentialbuilding, if appropriate.
The southern boundary of secluded private open space should be set back from any wall onthe north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall.
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Diagram B5 Solar access to open space
Decision guidelines
Before deciding on an application, the responsible authority must consider:
The design response.
The useability and amenity of the secluded private open space based on the sunlight itwill receive.
55.05-6 Storage objective
To provide adequate storage facilities for each dwelling.
Standard B30
Each dwelling should have convenient access to at least 6 cubic metres of externallyaccessible, secure storage space.
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55.06 DETAILED DESIGN
55.06-1 Design detail objective
To encourage design detail that respects the existing or preferred neighbourhood character.
Standard B31
The design of buildings, including:
Facade articulation and detailing,
Window and door proportions,
Roof form, and
Verandahs, eaves and parapets,
should respect the existing or preferred neighbourhood character.
Garages and carports should be visually compatible with the development and the existingor preferred neighbourhood character.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The effect on the visual bulk of the building and whether this is acceptable in theneighbourhood setting.
Whether the design is innovative and of a high architectural standard.
55.06-2 Front fences objective
To encourage front fence design that respects the existing or preferred neighbourhoodcharacter.
Standard B32
The design of front fences should complement the design of the dwelling or residentialbuilding and any front fences on adjoining properties.
A front fence within 3 metres of a street should not exceed:
The maximum height specified in the schedule to the zone, or
If no maximum height is specified in the schedule to the zone, the maximum heightspecified in Table B3.
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Table B3 Maximum front fence height
STREET CONTEXT MAXIMUM FRONT FENCE HEIGHT
Streets in a Road Zone, Category 1 2 metres
Other streets 1.5 metres
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in thisscheme.
The design response.
The setback, height and appearance of front fences on adjacent properties.
The extent to which slope and retaining walls reduce the effective height of the frontfence.
Whether the fence is needed to minimise noise intrusion.
55.06-3 Common property objectives
To ensure that communal open space, car parking, access areas and site facilities arepractical, attractive and easily maintained.
To avoid future management difficulties in areas of common ownership.
Standard B33
Developments should clearly delineate public, communal and private areas.
Common property, where provided, should be functional and capable of efficientmanagement.
55.06-4 Site services objectives
To ensure that site services can be installed and easily maintained.
To ensure that site facilities are accessible, adequate and attractive.
Standard B34
The design and layout of dwellings and residential buildings should provide sufficientspace (including easements where required) and facilities for services to be installed andmaintained efficiently and economically.
Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size,durable, waterproof and blend in with the development.
Bin and recycling enclosures should be located for convenient access by residents.
Mailboxes should be provided and located for convenient access as required by AustraliaPost.
Decision guideline
Before deciding on an application, the responsible authority must consider the designresponse.
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56 RESIDENTIAL SUBDIVISION
Purpose
To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
To create livable and sustainable neighbourhoods and urban places with character and identity.
To achieve residential subdivision outcomes that appropriately respond to the site and its context for:
Metropolitan Melbourne growth areas.
Infill sites within established residential areas.
Regional cities and towns.
To ensure residential subdivision design appropriately provides for:
Policy implementation.
Livable and sustainable communities.
Residential lot design.
Urban landscape.
Access and mobility management.
Integrated water management.
Site management.
Utilities.
Application
These provisions apply to an application to subdivide land in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or Township Zone and any Comprehensive Development Zone or Priority Development Zone that provides for residential development.
These provisions do not apply to an application to subdivide land into lots each containing an existing dwelling or car parking space.
Operation
The provisions of this clause contain:
Objectives. An objective describes the desired outcome to be achieved in the completed subdivision.
Standards. A standard contains the requirements to meet the objective.
A standard should normally be met. However, if the responsible authority is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.
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Requirement
An application to subdivide land:
Must be accompanied by a site and context description and a design response.
Must meet all of the objectives included in the clauses specified in the zone.
Should meet all of the standards included in the clauses specified in the zone.
Certification of standards
A subdivision may be certified by a person authorised by the Minister for Planning as meeting the requirements of a standard in this clause.
A standard that is certified as met is deemed to have met the objective of that standard.
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56.01 SUBDIVISION SITE AND CONTEXT DESCRIPTION AND DESIGN RESPONSE
56.01-1 Subdivision site and context description
The site and context description may use a site plan, photographs or other techniques and must accurately describe:
In relation to the site:
Site shape, size, dimensions and orientation.
Levels and contours of the site.
Natural features including trees and other significant vegetation, drainage lines, water courses, wetlands, ridgelines and hill tops.
The siting and use of existing buildings and structures.
Street frontage features such as poles, street trees and kerb crossovers.
Access points.
Location of drainage and other utilities.
Easements.
Any identified natural or cultural features of the site.
Significant views to and from the site.
Noise and odour sources or other external influences.
Soil conditions, including any land affected by contamination, erosion, salinity, acid sulphate soils or fill.
Any other notable features or characteristics of the site.
Adjacent uses.
Any other factor affecting the capacity to develop the site including whether the site is affected by inundation.
An application for subdivision of 3 or more lots must also describe in relation to the
surrounding area:
The pattern of subdivision.
Existing land uses.
The location and use of existing buildings on adjacent land.
Abutting street and path widths, materials and detailing.
The location and type of significant vegetation.
An application for subdivision of 60 or more lots must also describe in relation to the surrounding area:
Location, distance and type of any nearby public open space and recreational facilities.
Direction and distances to local shops and community facilities.
Directions and walking distances to public transport routes and stops.
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Direction and walking distances to existing neighbourhood, major and principal activity centres and major employment areas.
Existing transport routes, including freeways, arterial roads and streets connecting neighbourhoods.
Local street network including potential connections to adjacent subdivisions.
Traffic volumes and movements on adjacent roads and streets.
Pedestrian, bicycle and shared paths identifying whether their primary role is neighbourhood or regional access.
Any places of cultural significance.
Natural features including trees and other significant vegetation, drainage lines, water courses, wetlands, ridgelines and hill tops.
Proximity of any fire threats.
Pattern of ownership of adjoining lots.
If in the opinion of the responsible authority a requirement of the site and context description is not relevant to the assessment of an application, the responsible authority may waive or reduce the requirement.
Satisfactory subdivision site and context description
The responsible authority must inform the applicant in writing: Before notice of an application is given, or
If notice of an application is not required to be given, before deciding the application, that the site and context description meets the requirements of Clause 56.01-1 and is satisfactory or does not meet the requirements of Clause 56.01-1 and is not satisfactory.
If the responsible authority decides that the site and context description is not satisfactory, it may require more information from the applicant under Section 54 of the Act.
The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the site and context description meets the requirements of Clause 56.01-1 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act.
56.01-2 Subdivision design response
The design response must explain how the proposed design: Derives from and responds to the site and context description.
Responds to any site and context features for the area identified in a local planning policy or a Neighbourhood Character Overlay.
Responds to any relevant objective, policy, strategy or plan set out for the area in this scheme.
Meets the relevant objectives of Clause 56.
The design response must include a dimensioned plan to scale showing the layout of the subdivision in context with the surrounding area. If in the opinion of the responsible authority this requirement is not relevant to the assessment of an application, it may waive or reduce the requirement.
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An application for subdivision of 60 or more lots must also include a plan that meets the requirements of Standard C2. The plan must also show the:
Proposed uses of each part of the site.
Natural features of the site and identify any features proposed to be altered.
Proposed integrated water management system.
Proposed staging of the subdivision.
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56.02 POLICY IMPLEMENTATION
56.02-1 Strategic implementation objective
To ensure that the layout and design of a subdivision is consistent with and implements any objective, policy, strategy or plan for the area set out in this scheme.
Standard C1
An application must be accompanied by a written statement that describes how the subdivision is consistent with and implements any relevant growth area, activity centre, housing, access and mobility, community facilities, open space and recreation, landscape (including any native vegetation precinct plan) and urban design objective, policy, strategy or plan for the area set out in this scheme.
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56.03 LIVABLE AND SUSTAINABLE COMMUNITIES
56.03-1 Compact and walkable neighbourhoods objectives
To create compact neighbourhoods that are oriented around easy walking distances to activity centres, schools and community facilities, public open space and public transport.
To allow easy movement through and between neighbourhoods for all people.
Standard C2
A subdivision should implement any relevant growth area or any approved land-use and development strategy, plan or policy for the area set out in this scheme.
An application for subdivision must include a plan of the layout of the subdivision that:
Meets the objectives (if relevant to the class of subdivision specified in the zone) of:
· Clause 56.03-2 Activity centres
· Clause 56.03-3 Planning for community facilities
· Clause 56.04-1 Lot diversity and distribution
· Clause 56.06-2 Walking and cycling network
· Clause 56.06-3 Public transport network
· Clause 56.06-4 Neighbourhood street network
Shows the 400 metre street walking distance around each existing or proposed bus stop, 600 metres street walking distance around each existing or proposed tram stop and 800 metres street walking distance around each existing or proposed railway station and shows the estimated number of dwellings within those distances.
Shows the layout of the subdivision in relation to the surrounding area.
Is designed to be accessible for people with disabilities.
56.03-2 Activity centre objective
To provide for mixed-use activity centres, including neighbourhood activity centres, of appropriate area and location.
Standard C3
A subdivision should implement any relevant activity centre strategy, plan or policy for the area set out in this scheme.
Subdivision should be supported by activity centres that are:
Accessible by neighbourhood and regional walking and cycling networks.
Served by public transport that is connected to the regional public transport network.
Located at public transport interchange points for the convenience of passengers and easy connections between public transport services.
Located on arterial roads or connector streets.
Of appropriate size to accommodate a mix of uses that meet local community needs.
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Oriented to support active street frontages, support street-based community interaction and pedestrian safety.
56.03-3 Planning for community facilities objective
To provide appropriately located sites for community facilities including schools, libraries, preschools and childcare, health services, police and fire stations, recreation and sports facilities.
Standard C4
A subdivision should:
Implement any relevant regional and local community facility strategy, plan or policy for the area set out in this scheme.
Locate community facilities on sites that are in or near activity centres and public transport.
School sites should:
Be integrated with the neighbourhood and located near activity centres.
Be located on walking and cycling networks.
Have a bus stop located along the school site boundary.
Have student drop-off zones, bus parking and on-street parking in addition to other street functions in abutting streets.
Adjoin the public open space network and community sporting and other recreation facilities.
Be integrated with community facilities.
Be located on land that is not affected by physical, environmental or other constraints.
Schools should be accessible by the Principal Public Transport Network in Metropolitan Melbourne and on the regional public transport network outside Metropolitan Melbourne.
Primary schools should be located on connector streets and not on arterial roads.
New State Government school sites must meet the requirements of the Department of Education and Training and abut at least two streets with sufficient widths to provide student drop-off zones, bus parking and on-street parking in addition to other street functions.
56.03-4 Built environment objective
To create urban places with identity and character.
Standard C5
The built environment should:
Implement any relevant urban design strategy, plan or policy for the area set out in this scheme.
Provide living and working environments that are functional, safe and attractive.
Provide an integrated layout, built form and urban landscape.
Contribute to a sense of place and cultural identity.
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An application should describe the identity and character to be achieved and the elements that contribute to that identity and character.
56.03-5 Neighbourhood character objective
To design subdivisions that respond to neighbourhood character.
Standard C6
Subdivision should:
Respect the existing neighbourhood character or achieve a preferred neighbourhood character consistent with any relevant neighbourhood character objective, policy or statement set out in this scheme.
Respond to and integrate with the surrounding urban environment.
Protect significant vegetation and site features.
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56.04 LOT DESIGN
56.04-1 Lot diversity and distribution objectives
To achieve housing densities that support compact and walkable neighbourhoods and the efficient provision of public transport services.
To provide higher housing densities within walking distance of activity centres.
To achieve increased housing densities in designated growth areas.
To provide a range of lot sizes to suit a variety of dwelling and household types.
Standard C7
A subdivision should implement any relevant housing strategy, plan or policy for the area set out in this scheme.
Lot sizes and mix should achieve the average net residential density specified in any zone or overlay that applies to the land or in any relevant policy for the area set out in this scheme.
A range and mix of lot sizes should be provided including lots suitable for the development of:
Single dwellings.
Two dwellings or more.
Higher density housing.
Residential buildings and Retirement villages. Unless the site is constrained by topography or other site conditions, lot distribution should provide for 95 per cent of dwellings to be located no more than 400 metre street walking distance from the nearest existing or proposed bus stop, 600 metres street walking distance from the nearest existing or proposed tram stop and 800 metres street walking distance from the nearest existing or proposed railway station.
Lots of 300 square metres or less in area, lots suitable for the development of two dwellings or more, lots suitable for higher density housing and lots suitable for Residential buildings and Retirement villages should be located in and within 400 metres street walking distance of an activity centre.
56.04-2 Lot area and building envelopes objective
To provide lots with areas and dimensions that enable the appropriate siting and construction of a dwelling, solar access, private open space, vehicle access and parking, water management, easements and the retention of significant vegetation and site features.
Standard C8
An application to subdivide land that creates lots of less than 300 square metres should be accompanied by information that shows:
That the lots are consistent or contain building envelope that is consistent with a development approved under this scheme, or
That a dwelling may be constructed on each lot in accordance with the requirements of this scheme.
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Lots of between 300 square metres and 500 square metres should:
Contain a building envelope that is consistent with a development of the lot approved under this scheme, or
If no development of the lot has been approved under this scheme, contain a building envelope and be able to contain a rectangle measuring 10 metres by 15 metres, or 9 metres by 15 metres if a boundary wall is nominated as part of the building envelope.
If lots of between 300 square metres and 500 square metres are proposed to contain dwellings that are built to the boundary, the long axis of the lots should be within 30 degrees east and 20 degrees west of north unless there are significant physical constraints that make this difficult to achieve.
Lots greater than 500 square metres should be able to contain a rectangle measuring 10 metres by 15 metres, and may contain a building envelope.
A building envelope may specify or incorporate any relevant siting and design requirement. Any requirement should meet the relevant standards of Clause 54, unless:
The objectives of the relevant standards are met, and
The building envelope is shown as a restriction on a plan of subdivision registered under the Subdivision Act 1988, or is specified as a covenant in an agreement under Section 173 of the Act.
Where a lot with a building envelope adjoins a lot that is not on the same plan of subdivision or is not subject to the same agreement relating to the relevant building envelope:
The building envelope must meet Standards A10 and A11 of Clause 54 in relation to the adjoining lot, and
The building envelope must not regulate siting matters covered by Standards A12 to A15 (inclusive) of Clause 54 in relation to the adjoining lot. This should be specified in the relevant plan of subdivision or agreement.
Lot dimensions and building envelopes should protect:
Solar access for future dwellings and support the siting and design of dwellings that achieve the energy rating requirements of the Building Regulations.
Existing or proposed easements on lots.
Significant vegetation and site features.
56.04-3 Solar orientation of lots objective
To provide good solar orientation of lots and solar access for future dwellings.
Standard C9
Unless the site is constrained by topography or other site conditions, at least 70 percent of lots should have appropriate solar orientation.
Lots have appropriate solar orientation when:
The long axis of lots are within the range north 20 degrees west to north 30 degrees east, or east 20 degrees north to east 30 degrees south.
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Lots between 300 square metres and 500 square metres are proposed to contain dwellings that are built to the boundary, the long axis of the lots should be within 30 degrees east and 20 degrees west of north.
Dimensions of lots are adequate to protect solar access to the lot, taking into account likely dwelling size and the relationship of each lot to the street.
56.04-4 Street orientation objective
To provide a lot layout that contributes to community social interaction, personal safety and property security.
Standard C10
Subdivision should increase visibility and surveillance by:
Ensuring lots front all roads and streets and avoid the side or rear of lots being oriented to connector streets and arterial roads.
Providing lots of 300 square metres or less in area and lots for 2 or more dwellings around activity centres and public open space.
Ensuring streets and houses look onto public open space and avoiding sides and rears of lots along public open space boundaries.
Providing roads and streets along public open space boundaries.
56.04-5 Common area objectives
To identify common areas and the purpose for which the area is commonly held.
To ensure the provision of common area is appropriate and that necessary management arrangements are in place.
To maintain direct public access throughout the neighbourhood street network.
Standard C11
An application to subdivide land that creates common land must be accompanied by a plan and a report identifying:
The common area to be owned by the body corporate, including any streets and open space.
The reasons why the area should be commonly held.
Lots participating in the body corporate.
The proposed management arrangements including maintenance standards for streets and open spaces to be commonly held.
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56.05 URBAN LANDSCAPE 01/10/2009 VC58
56.05-1 Integrated urban landscape objectives 09/10/2006 VC42
To provide attractive and continuous landscaping in streets and public open spaces that contribute to the character and identity of new neighbourhoods and urban places or to existing or preferred neighbourhood character in existing urban areas.
To incorporate natural and cultural features in the design of streets and public open space where appropriate.
To protect and enhance native habitat and discourage the planting and spread of noxious weeds.
To provide for integrated water management systems and contribute to drinking water conservation.
Standard C12
An application for subdivision that creates streets or public open space should be accompanied by a landscape design.
The landscape design should:
Implement any relevant streetscape, landscape, urban design or native vegetation precinct plan, strategy or policy for the area set out in this scheme.
Create attractive landscapes that visually emphasise streets and public open spaces.
Respond to the site and context description for the site and surrounding area.
Maintain significant vegetation where possible within an urban context.
Take account of the physical features of the land including landform, soil and climate.
Protect and enhance any significant natural and cultural features.
Protect and link areas of significant local habitat where appropriate.
Support integrated water management systems with appropriate landscape design techniques for managing urban run-off including wetlands and other water sensitive urban design features in streets and public open space.
Promote the use of drought tolerant and low maintenance plants and avoid species that are likely to spread into the surrounding environment.
Ensure landscaping supports surveillance and provides shade in streets, parks and public open space.
Develop appropriate landscapes for the intended use of public open space including areas for passive and active recreation, the exercising of pets, playgrounds and shaded areas.
Provide for walking and cycling networks that link with community facilities.
Provide appropriate pathways, signage, fencing, public lighting and street furniture.
Create low maintenance, durable landscapes that are capable of a long life.
The landscape design must include a maintenance plan that sets out maintenance responsibilities, requirements and costs.
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56.05-2 Public open space provision objectives 01/10/2009 VC58
To provide a network of quality, well-distributed, multi-functional and cost-effective public open space that includes local parks, active open space, linear parks and trails, and links to regional open space.
To provide a network of public open space that caters for a broad range of users.
To encourage healthy and active communities.
To provide adequate unencumbered land for public open space and integrate any encumbered land with the open space network.
To ensure land provided for public open space can be managed in an environmentally sustainable way and contributes to the development of sustainable neighbourhoods.
Standard C13
The provision of public open space should:
Implement any relevant objective, policy, strategy or plan (including any growth area precinct structure plan) for open space set out in this scheme.
Provide a network of well-distributed neighbourhood public open space that includes: Local parks within 400 metres safe walking distance of at least 95 percent of all
dwellings. Where not designed to include active open space, local parks should be generally 1 hectare in area and suitably dimensioned and designed to provide for their intended use and to allow easy adaptation in response to changing community preferences.
Additional small local parks or public squares in activity centres and higher density residential areas.
Active open space of a least 8 hectares in area within 1 kilometre of 95 percent of all dwellings that is:
Suitably dimensioned and designed to provide for the intended use, buffer areas around sporting fields and passive open space
Sufficient to incorporate two football/cricket ovals
Appropriate for the intended use in terms of quality and orientation
Located on flat land (which can be cost effectively graded)
Located with access to, or making provision for, a recycled or sustainable water supply
Adjoin schools and other community facilities where practical
Designed to achieve sharing of space between sports.
Linear parks and trails along waterways, vegetation corridors and road reserves within 1 kilometre of 95 percent of all dwellings.
Public open space should:
Be provided along foreshores, streams and permanent water bodies.
Be linked to existing or proposed future public open spaces where appropriate.
Be integrated with floodways and encumbered land that is accessible for public recreation.
Be suitable for the intended use.
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Be of an area and dimensions to allow easy adaptation to different uses in response to changing community active and passive recreational preferences.
Maximise passive surveillance.
Be integrated with urban water management systems, waterways and other water bodies.
Incorporate natural and cultural features where appropriate.
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56.06 ACCESS AND MOBILITY MANAGEMENT
56.06-1 Integrated mobility objectives
To achieve an urban structure where compact and walkable neighbourhoods are clustered tosupport larger activity centres on the Principal Public Transport Network in MetropolitanMelbourne and on the regional public transport network outside Metropolitan Melbourne.
To provide for walking (including persons with impaired mobility), cycling, publictransport and other motor vehicles in an integrated manner.
To contribute to reduced car dependence, improved energy efficiency, reduced greenhousegas emissions and reduced air pollution.
Standard C14
An application for a subdivision must include a plan of the layout of the neighbourhood thatmeets the objectives of:
Clause 56.06-2 Walking and cycling network.
Clause 56.06-3 Public transport network.
Clause 56.06-4 Neighbourhood street network.
56.06-2 Walking and cycling network objectives
To contribute to community health and well being by encouraging walking and cycling aspart of the daily lives of residents, employees and visitors.
To provide safe and direct movement through and between neighbourhoods by pedestriansand cyclists.
To reduce car use, greenhouse gas emissions and air pollution.
Standard C15
The walking and cycling network should be designed to:
Implement any relevant regional and local walking and cycling strategy, plan or policyfor the area set out in this scheme.
Link to any existing pedestrian and cycling networks.
Provide safe walkable distances to activity centres, community facilities, publictransport stops and public open spaces.
Provide an interconnected and continuous network of safe, efficient and convenientfootpaths, shared paths, cycle paths and cycle lanes based primarily on the network ofarterial roads, neighbourhood streets and regional public open spaces.
Provide direct cycling routes for regional journeys to major activity centres, communityfacilities, public transport and other regional activities and for regional recreationalcycling.
Ensure safe street and road crossings including the provision of traffic controls whererequired.
Provide an appropriate level of priority for pedestrians and cyclists.
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Have natural surveillance along streets and from abutting dwellings and be designed forpersonal safety and security particularly at night.
Be accessible to people with disabilities.
56.06-3 Public transport network objectives
To provide an arterial road and neighbourhood street network that supports a direct,efficient and safe public transport system.
To encourage maximum use of public transport.
Standard C16
The public transport network should be designed to:
Implement any relevant public transport strategy, plan or policy for the area set out inthis scheme.
Connect new public transport routes to existing and proposed routes to the satisfactionof the relevant public transport authority.
Provide for public transport links between activity centres and other locations thatattract people using the Principal Public Transport Network in Metropolitan Melbourneand the regional public transport network outside Metropolitan Melbourne.
Locate regional bus routes principally on arterial roads and locate local bus servicesprincipally on connector streets to provide:
· Safe and direct movement between activity centres without complicated turningmanoeuvres.
· Direct travel between neighbourhoods and neighbourhood activity centres.
· A short and safe walk to a public transport stop from most dwellings.
56.06-4 Neighbourhood street network objective
To provide for direct, safe and easy movement through and between neighbourhoods forpedestrians, cyclists, public transport and other motor vehicles using the neighbourhoodstreet network.
Standard C17
The neighbourhood street network must:
Take account of the existing mobility network of arterial roads, neighbourhood streets,cycle paths, cycle paths, footpaths and public transport routes.
Provide clear physical distinctions between arterial roads and neighbourhood streettypes.
Comply with the Roads Corporation’s arterial road access management policies.
Provide an appropriate speed environment and movement priority for the safe and easymovement of pedestrians and cyclists and for accessing public transport.
Provide safe and efficient access to activity centres for commercial and freight vehicles.
Provide safe and efficient access to all lots for service and emergency vehicles.
Provide safe movement for all vehicles.
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Incorporate any necessary traffic control measures and traffic managementinfrastructure.
The neighbourhood street network should be designed to:
Implement any relevant transport strategy, plan or policy for the area set out in thisscheme.
Include arterial roads at intervals of approximately 1.6 kilometres that have adequatereservation widths to accommodate long term movement demand.
Include connector streets approximately halfway between arterial roads and provideadequate reservation widths to accommodate long term movement demand.
Ensure connector streets align between neighbourhoods for direct and efficientmovement of pedestrians, cyclists, public transport and other motor vehicles.
Provide an interconnected and continuous network of streets within and betweenneighbourhoods for use by pedestrians, cyclists, public transport and other vehicles.
Provide an appropriate level of local traffic dispersal.
Indicate the appropriate street type.
Provide a speed environment that is appropriate to the street type.
Provide a street environment that appropriately manages movement demand (volume,type and mix of pedestrians, cyclists, public transport and other motor vehicles).
Encourage appropriate and safe pedestrian, cyclist and driver behaviour.
Provide safe sharing of access lanes and access places by pedestrians, cyclists andvehicles.
Minimise the provision of culs-de-sac.
Provide for service and emergency vehicles to safely turn at the end of a dead-endstreet.
Facilitate solar orientation of lots.
Facilitate the provision of the walking and cycling network, integrated watermanagement systems, utilities and planting of trees.
Contribute to the area’s character and identity.
Take account of any identified significant features.
56.06-5 Walking and cycling network detail objectives
To design and construct footpaths, shared path and cycle path networks that are safe,comfortable, well constructed and accessible for people with disabilities.
To design footpaths to accommodate wheelchairs, prams, scooters and other footpath boundvehicles.
Standard C18
Footpaths, shared paths, cycle paths and cycle lanes should be designed to:
Be part of a comprehensive design of the road or street reservation.
Be continuous and connect.
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Provide for public transport stops, street crossings for pedestrians and cyclists and kerbcrossovers for access to lots.
Accommodate projected user volumes and mix.
Meet the requirements of Table C1.
Provide pavement edge, kerb, channel and crossover details that support safe travel forpedestrians, footpath bound vehicles and cyclists, perform required drainage functionsand are structurally sound.
Provide appropriate signage.
Be constructed to allow access to lots without damage to the footpath or shared pathsurfaces.
Be constructed with a durable, non-skid surface.
Be of a quality and durability to ensure:
· Safe passage for pedestrians, cyclists, footpath bound vehicles and vehicles.
· Discharge of urban run-off.
· Preservation of all-weather access.
· Maintenance of a reasonable, comfortable riding quality.
· A minimum 20 year life span.
Be accessible to people with disabilities and include tactile ground surface indicators,audible signals and kerb ramps required for the movement of people with disabilities.
56.06-6 Public transport network detail objectives
To provide for the safe, efficient operation of public transport and the comfort andconvenience of public transport users.
To provide public transport stops that are accessible to people with disabilities.
Standard C19
Bus priority measures must be provided along arterial roads forming part of the existing orproposed Principal Public Transport Network in Metropolitan Melbourne and the regionalpublic transport network outside Metropolitan Melbourne to the requirements of therelevant roads authority.
Road alignment and geometry along bus routes should provide for the efficient, unimpededmovement of buses and the safety and comfort of passengers.
The design of public transport stops should not impede the movement of pedestrians.
Bus and tram stops should have:
Surveillance from streets and adjacent lots.
Safe street crossing conditions for pedestrians and cyclists.
Safe pedestrian crossings on arterial roads and at schools including the provision oftraffic controls as required by the roads authority.
Continuous hard pavement from the footpath to the kerb.
Sufficient lighting and paved, sheltered waiting areas for forecast user volume atneighbourhood centres, schools and other locations with expected high patronage.
Appropriate signage.
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Public transport stops and associated waiting areas should be accessible to people withdisabilities and include tactile ground surface indicators, audible signals and kerb rampsrequired for the movement of people with physical disabilities.
56.06-7 Neighbourhood street network detail objective
To design and construct street carriageways and verges so that the street geometry andtraffic speeds provide an accessible and safe neighbourhood street system for all users.
Standard C20
The design of streets and roads should:
Meet the requirements of Table C1. Where the widths of access lanes, access places,and access streets do not comply with the requirements of Table C1, the requirements ofthe relevant fire authority and roads authority must be met.
Provide street blocks that are generally between 120 metres and 240 metres in lengthand generally between 60 metres to 120 metres in width to facilitate pedestrianmovement and control traffic speed.
Have verges of sufficient width to accommodate footpaths, shared paths, cycle paths,integrated water management, street tree planting, lighting and utility needs.
Have street geometry appropriate to the street type and function, the physical landcharacteristics and achieve a safe environment for all users.
Provide a low-speed environment while allowing all road users to proceed withoutunreasonable inconvenience or delay.
Provide a safe environment for all street users applying speed control measures whereappropriate.
Ensure intersection layouts clearly indicate the travel path and priority of movement forpedestrians, cyclists and vehicles.
Provide a minimum 5 metre by 5 metre corner splay at junctions with arterial roads anda minimum 3 metre by 3 metre corner splay at other junctions unless site conditionsjustify a variation to achieve safe sight lines across corners.
Ensure streets are of sufficient strength to:
· Enable the carriage of vehicles.
· Avoid damage by construction vehicles and equipment.
Ensure street pavements are of sufficient quality and durability for the:
· Safe passage of pedestrians, cyclists and vehicles.
· Discharge of urban run-off.
· Preservation of all-weather access and maintenance of a reasonable, comfortableriding quality.
Ensure carriageways of planned arterial roads are designed to the requirements of therelevant road authority.
Ensure carriageways of neighbourhood streets are designed for a minimum 20 year lifespan.
Provide pavement edges, kerbs, channel and crossover details designed to:
· Perform the required integrated water management functions.
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· Delineate the edge of the carriageway for all street users.
· Provide efficient and comfortable access to abutting lots at appropriate locations.
· Contribute to streetscape design.
Provide for the safe and efficient collection of waste and recycling materials from lots.
Be accessible to people with disabilities. Meet the requirements of Table C1. Where the widths of access lanes, access places,
and access streets do not comply with the requirements of Table C1, the requirements ofthe relevant fire authority and roads authority must be met. Where the widths ofconnector streets do not comply with the requirements of Table C1, the requirements ofthe relevant public transport authority must be met.
A street detail plan should be prepared that shows, as appropriate:
The street hierarchy and typical cross-sections for all street types.
Location of carriageway pavement, parking, bus stops, kerbs, crossovers, footpaths,tactile surface indicators, cycle paths and speed control and traffic management devices.
Water sensitive urban design features.
Location and species of proposed street trees and other vegetation.
Location of existing vegetation to be retained and proposed treatment to ensure itshealth.
Any relevant details for the design and location of street furniture, lighting, seats, busstops, telephone boxes and mailboxes.
56.06-8 Lot access objective
To provide for safe vehicle access between roads and lots.
Standard C21
Vehicle access to lots abutting arterial roads should be provided from service roads, side orrear access lanes, access places or access streets where appropriate and in accordance withthe access management requirements of the relevant roads authority.
Vehicle access to lots of 300 square metres or less in area and lots with a frontage of 7.5metres or less should be provided via rear or side access lanes, places or streets.
The design and construction of a crossover should meet the requirements of the relevantroad authority.
Table C1 Design of roads and neighbourhood streets
Access Lane
A side or rear lane principally providing access to parking on lots with another streetfrontage.
Traffic volume1 300vpd
Target speed2 10kph
Carriageway width3
& parking provision
within street
reservation
5.5m6 wide with no parking spaces to be provided.
Appropriately signed.
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Verge width4 No verge required.
Kerbing5
Footpath provision None
Carriageway designed as a shared zone and appropriatelysigned.
Cycle path
provision
None
Access Place
A minor street providing local residential access with shared traffic, pedestrian andrecreation use, but with pedestrian priority.
Traffic volume1 300vpd to1000vpd
Target speed2 15kph
Carriageway width3
& parking provision
within street
reservation
5.5m wide with 1 hard standing verge parking space per 2 lots.
or
5.5m wide with parking on carriageway - one side.
Appropriately signed.
Verge width4 7.5m minimum total width.
For services provide a minimum of 3.5m on one side and aminimum of 2.5m on the other.
Kerbing5 Semi-mountable rollover or flush and swale or other water
sensitive urban design treatment area.
Footpath provision Not required if serving 5 dwellings or less and the carriageway isdesigned as a shared zone and appropriately signed.
or
1.5m wide footpath offset a minimum distance of 1m from thekerb.
Cycle path
provision
None
Access Street - Level 1
A street providing local residential access where traffic is subservient, speed and volumeare low and pedestrian and bicycle movements are facilitated.
Traffic volume1 1000vpd to 2000vpd
Target speed2 30kph
Carriageway width3
& parking provision
within street
reservation
5.5m wide with1 hard standing verge parking space per 2 lots.
Verge width4 4m minimum each side
Kerbing5 Semi-mountable rollover or flush and swale or other water
sensitive urban design treatment area.
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Footpath provision 1.5m wide footpaths on both sides.
Footpaths should be widened to 2.0m in vicinity of a school, shopor other activity centre.
Be offset a minimum distance of 1m from the kerb.
Cycle path
provision
Carriageway designed as a shared zone and appropriatelysigned.
Access Street - Level 2
A street providing local residential access where traffic is subservient, speed and volumeare low and pedestrian and bicycle movements are facilitated.
Traffic volume1 2000vpd to 3000vpd
Target speed2 40kph
Carriageway width3
& parking provision
within street
reservation
7m-7.5m wide with parking on both sides of carriageway
Verge width4 4.5m minimum each side
Kerbing5 Semi-mountable rollover or flush and swale or other water
sensitive urban design treatment area.
Footpath provision 1.5m wide footpaths on both sides.
Footpaths should be widened to 2.0m in vicinity of a school, shopor other activity centre.
Be offset a minimum distance of 1m from the kerb.
Cycle path
provision
Carriageway designed as a shared zone and appropriatelysigned.
Connector Street - Level 1
A street that carries higher volumes of traffic. It connects access places and access streetsthrough and between neighbourhoods.
Traffic volume1 3000 vpd
Target speed2 50 kph7 reduced to 40 kph at schools and 20 kph at pedestrian
and cycle crossing points.
Carriageway width3,
parking provision
and bus stops
within street
reservation
3.5m minimum lane width in each direction of travel.
4.0m minimum lane width at approaches to and departuresfrom roundabouts and T-intersections.
For on-street cycling, increase the minimum clear carriagewayin each direction by:
0.7m where the trafficable carriageway is shared bycyclists but no dedicated bicycle lane is marked on thecarriageway; or
1.5m where a trafficable carriageway is shared by cyclistsbut no dedicated bicycle lane is marked on thecarriageway and there is a single lane in each directionseparated by a raised trafficable median of at least 2.0min width with mountable kerbs; or
PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 9 OF 10
1.7m where a dedicated 1.7m wide bicycle lane ismarked on the carriageway.
An additional dedicated parking lane or indented parkingwithin the verge must be provided where street parking isrequired. A parking lane width of 2.3m is required whereparallel parking is provided.
Bus stops at the kerbside, not indented within the verge.
Verge width4 4.5m minimum each side.
Kerbing5 Semi-mountable rollover or flush and swale or other water
sensitive urban design treatment area.
Footpath provision 1.5m wide footpaths on both sides.
Footpath widened to a minimum 2.0m in the vicinity of aschool, shop or other activity centre.
Footpaths offset a minimum distance of 1m from the kerb.
Connector Street - Level 2
A street that carries higher volumes of traffic. It connects access places and access streetsthrough and between neighbourhoods.
Traffic volume1 3,000 vpd to 7,000 vpd
Target speed2 60 kph8 or 50km/h reduced to 40kph at schools.
Carriageway width3,
parking provision
and bus stops
within street
reservation
3.5m minimum lane width in each direction of travel.
4.0m minimum lane width at approaches to and departuresfrom roundabouts and T-intersections.
7.0m minimum carriageway width in each direction of travelwhere there are two lanes in each direction separated by anon-trafficable central medium.
8.0m minimum carriageway width at approaches to anddepartures from roundabouts and T-intersections where thereare two lanes in each direction separated by an non-trafficable central medium.
For on-street cycling, increase the minimum clear carriagewayin each direction by:
0.7m where the trafficable carriageway is shared bycyclists but no dedicated bicycle lane is marked on thecarriageway; or
1.7m where a dedicated 1.7m wide dedicated bicyclelane is marked on the carriageway
0.3m where there are two trafficable lanes in eachdirection separated by a non-trafficable central medianand the carriageways are shared by cyclists but nodedicated bicycle lane is marked on the carriageway; or
0.5m where there are two trafficable lanes in eachdirection separated by a non-trafficable central medianand a 1.7m wide dedicated bicycle lane is marked on thecarriageway.
An additional dedicated parking lane or indented parkingwithin the verge must be provided where street parking is
PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 10 OF 10
required. A parking lane width of 2.3m is required whereparallel parking is provided.
Bus stops located at the kerbside, not indented within theverge.
Verge width4
6m minimum each side (plus central median).
Kerbing5
Semi-mountable rollover or flush and swale or other watersensitive urban design treatment area.
Footpath and cycle
path provision
1.5m wide footpath on each side and 1.7m bicycle lanes onthe carriageway; or
2.5m wide shared foot and cycle path on both sides and nodedicate bicycle lanes marked on the carriageway.
Footpaths widened to a minimum of 2.0m in the vicinity of aschool, shop or other activity centre.
Footpaths or shared foot and cycle paths offset a minimumdistance of 1m from the kerb.
Arterial Road
Traffic volume1 Greater than 7000vpd
Target speed2 Arterial road design as required by the relevant roads authority.
Carriageway width3
& parking provision
within street
reservation
Arterial road design as required by the relevant roads authority.
Verge width4 Arterial road design as required by the relevant roads authority.
Kerbing5 Arterial road design as required by the relevant roads authority.
Footpath & cycle
path provision
2.5m wide shared path on each side or as otherwise required bythe relevant roads authority.
Key to Table C1
1. Indicative maximum traffic volume for 24-hour period. These volumes depend uponlocation. Generation rates may vary between existing and newly developing areas.
2. Target speed is the desired speed at which motorists should travel. This is notnecessarily the design speed and is not greater than the marked legal speed limit.
3. Width is measured from kerb invert to kerb invert. Widening may be required at bendsto allow for wider vehicle paths using appropriate Australian Standards for on street andoff-street parking but should not negate the function of bends serving as slow points.
4. Verge width includes footpaths. Additional width may be required to accommodate abicycle path.
5. Where drainage is not required a flush pavement edge treatment can be used. Laybackkerbs are preferred for safety reasons. Upright kerbs may be considered for drainagepurposes or in locations where on-street parking should be clearly defined and parkingwithin the verge is not desired.
6. Turning requirements to access and egress parking on abutting lots may requireadditional carriageway width. The recommended carriageway width of 5.5m willprovide adequate access to a standard 3.5m wide single garage built to the property line.
7. 50kph is the default urban speed limit in Victoria.8. Target speed must not exceed the legal speed limit.
PARTICULAR PROVISIONS - CLAUSE 56.07 PAGE 1 OF 3
56.07 INTEGRATED WATER MANAGEMENT
56.07-1 Drinking water supply objectives
To reduce the use of drinking water.
To provide an adequate, cost-effective supply of drinking water.
Standard C22
The supply of drinking water must be:
Designed and constructed in accordance with the requirements and to the satisfaction of the relevant water authority.
Provided to the boundary of all lots in the subdivision to the satisfaction of the relevant water authority.
56.07-2 Reused and recycled water objective
To provide for the substitution of drinking water for non-drinking purposes with reused and recycled water.
Standard C23
Reused and recycled water supply systems must be:
Designed, constructed and managed in accordance with the requirements and to the satisfaction of the relevant water authority, Environment Protection Authority and Department of Human Services.
Provided to the boundary of all lots in the subdivision where required by the relevant water authority.
56.07-3 Waste water management objective
To provide a waste water system that is adequate for the maintenance of public health and the management of effluent in an environmentally friendly manner.
Standard C24
Waste water systems must be:
Designed, constructed and managed in accordance with the requirements and to the satisfaction of the relevant water authority and the Environment Protection Authority.
Consistent with any relevant approved domestic waste water management plan. Reticulated waste water systems must be provided to the boundary of all lots in the subdivision where required by the relevant water authority.
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56.07-4 Urban run-off management objectives
To minimise damage to properties and inconvenience to residents from urban run-off.
To ensure that the street operates adequately during major storm events and provides for public safety.
To minimise increases in stormwater run-off and protect the environmental values and physical characteristics of receiving waters from degradation by urban run-off.
Standard C25
The urban stormwater management system must be:
Designed and managed in accordance with the requirements and to the satisfaction of the relevant drainage authority.
Designed and managed in accordance with the requirements and to the satisfaction of the water authority where reuse of urban run-off is proposed.
Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended.
Designed to ensure that flows downstream of the subdivision site are restricted to pre-development levels unless increased flows are approved by the relevant drainage authority and there are no detrimental downstream impacts.
The stormwater management system should be integrated with the overall development plan including the street and public open space networks and landscape design.
For all storm events up to and including the 20% Average Exceedence Probability (AEP) standard:
Stormwater flows should be contained within the drainage system to the requirements of the relevant authority.
Ponding on roads should not occur for longer than 1 hour after the cessation of rainfall. For storm events greater than 20% AEP and up to and including 1% AEP standard:
Provision must be made for the safe and effective passage of stormwater flows.
All new lots should be free from inundation or to a lesser standard of flood protection where agreed by the relevant floodplain management authority.
Ensure that streets, footpaths and cycle paths that are subject to flooding meet the safety criteria da Vave < 0.35 m2/s (where, da = average depth in metres and Vave = average velocity in metres per second).
The design of the local drainage network should:
Ensure run-off is retarded to a standard required by the responsible drainage authority.
Ensure every lot is provided with drainage to a standard acceptable to the relevant drainage authority. Wherever possible, run-off should be directed to the front of the lot and discharged into the street drainage system or legal point of discharge.
Ensure that inlet and outlet structures take into account the effects of obstructions and debris build up. Any surcharge drainage pit should discharge into an overland flow in a safe and predetermined manner.
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PARTICULAR PROVISIONS - CLAUSE 56.07 PAGE 3 OF 3
Include water sensitive urban design features to manage run-off in streets and public open space. Where such features are provided, an application must describe maintenance responsibilities, requirements and costs.
Any flood mitigation works must be designed and constructed in accordance with the requirements of the relevant floodplain management authority.
PARTICULAR PROVISIONS - CLAUSE 56.08 PAGE 1 OF 1
56.08 SITE MANAGEMENT
56.08-1 Site management objectives
To protect drainage infrastructure and receiving waters from sedimentation and contamination.
To protect the site and surrounding area from environmental degradation or nuisance prior to and during construction of subdivision works.
To encourage the re-use of materials from the site and recycled materials in the construction of subdivisions where practicable.
Standard C26
A subdivision application must describe how the site will be managed prior to and during the construction period and may set out requirements for managing:
Erosion and sediment.
Dust.
Run-off.
Litter, concrete and other construction wastes.
Chemical contamination.
Vegetation and natural features planned for retention. Recycled material should be used for the construction of streets, shared paths and other infrastructure where practicable.
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PARTICULAR PROVISIONS - CLAUSE 56.09 PAGE 1 OF 2
56.09 UTILITIES
55.09-1 Shared trenching objectives
To maximise the opportunities for shared trenching.
To minimise constraints on landscaping within street reserves.
Standard C27
Reticulated services for water, gas, electricity and telecommunications should be providedin shared trenching to minimise construction costs and land allocation for undergroundservices.
56.09-2 Electricity, telecommunications and gas objectives
To provide public utilities to each lot in a timely, efficient and cost effective manner.
To reduce greenhouse gas emissions by supporting generation and use of electricity fromrenewable sources.
Standard C28
The electricity supply system must be designed in accordance with the requirements of therelevant electricity supply agency and be provided to the boundary of all lots in thesubdivision to the satisfaction of the relevant electricity authority.
Arrangements that support the generation or use of renewable energy at a lot orneighbourhood level are encouraged.
The telecommunication system must be designed in accordance with the requirements ofthe relevant telecommunications servicing agency and should be consistent with anyapproved strategy, policy or plan for the provision of advanced telecommunicationsinfrastructure, including fibre optic technology. The telecommunications system must beprovided to the boundary of all lots in the subdivision to the satisfaction of the relevanttelecommunications servicing authority.
Where available, the reticulated gas supply system must be designed in accordance with therequirements of the relevant gas supply agency and be provided to the boundary of all lotsin the subdivision to the satisfaction of the relevant gas supply agency.
56.09-3 Fire hydrants objective
To provide fire hydrants and fire plugs in positions that enable fire fighters to access watersafely, effectively and efficiently.
Standard C29
Fire hydrants should be provided:
A maximum distance of 120 metres from the rear of the each lot.
No more than 200 metres apart.
Hydrants and fire plugs must be compatible with the relevant fire service equipment.Where the provision of fire hydrants and fire plugs does not comply with the requirementsof standard C29, fire hydrants must be provided to the satisfaction of the relevant fireauthority.
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56.09-4 Public lighting objective
To provide public lighting to ensure the safety of pedestrians, cyclists and vehicles.
To provide pedestrians with a sense of personal safety at night.
To contribute to reducing greenhouse gas emissions and to saving energy.
Standard C30
Public lighting should be provided to streets, footpaths, public telephones, public transportstops and to major pedestrian and cycle paths including public open spaces that are likely tobe well used at night to assist in providing safe passage for pedestrians, cyclists andvehicles.
Public lighting should be designed in accordance with the relevant Australian Standards.
Public lighting should be consistent with any strategy, policy or plan for the use ofrenewable energy and energy efficient fittings.
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PARTICULAR PROVISIONS - CLAUSE 56.10 PAGE 1 OF 1
56.10 TRANSITIONAL ARRANGEMENTS
Purpose
To provide transitional arrangements to permit applications made to the responsible authority before 9 October 2006.
Transitional arrangements for all planning schemes
The requirements of Clause 56 of the planning scheme as in force immediately before 9 October 2006 continue to apply to a permit application made before that date to the extent that, but for this clause, Clause 56 would apply to such an application.
Expiry
This clause does not apply after 9 October 2007.
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GeneralProvisions
GENERAL PROVISIONS - CLAUSE 60 PAGE 1 OF 1
60 GENERAL PROVISIONS
This section sets out provisions about the administration of this scheme, existing uses, decision guidelines, referral of applications and other matters.
19/01/2006 VC37
GENERAL PROVISIONS - CLAUSE 61 PAGE 1 OF 1
61 ADMINISTRATION OF THIS SCHEME19/01/2006VC37
GENERAL PROVISIONS - CLAUSE 61.01 PAGE 1 OF 1
61.01 Administration and enforcement of this scheme
The responsible authority for the administration and enforcement of this scheme isspecified in the schedule to this clause.
The person nominated under Section 198(1)(a) of the Act or the responsible authorityunder Section 198 (1)(b) of the Act, to whom a person may apply for a planning certificate,is specified in the schedule to this clause.
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GENERAL PROVISIONS - CLAUSES 61.01 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 61.01
Responsible authority for administering and enforcing this scheme:
The Minister for Planning is the responsible authority for considering and determining applications, in accordance with Divisions 1, 1A, 2, and 3 of Part 4 of the Planning and Environment Act 1987 and for approving matters required by the scheme to be done to the satisfaction of the responsible authority in relation to:
The use and development of land for the purpose of a Wind energy facility with a capacity of 30 megawatts or greater.
The use and development of land for accommodation to which clause 52.41 of the scheme applies.
The Minister for Planning is the responsible authority for approving matters required to be done to the satisfaction of the responsible authority under clause 52.40 of the Scheme.
The Minister for Planning is the responsible authority for administering and enforcing the scheme for land at 4 Murchison Street, Marysville, described as Lot 1, Plan of Subdivision LP221571M and contained in Certificate of Title Volume 10007 Folio 536.
The Murrindindi Shire Council is the responsible authority for administering and enforcing the scheme for all other matters.
Person or responsible authority for issuing planning certificates:
Murrindindi Shire Council
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GENERAL PROVISIONS - CLAUSE 61.02 PAGE 1 OF 1
61.02 What area is covered by this scheme?
This planning scheme applies to the municipal district or other area specified in theschedule to this clause.
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SCHEDULE TO CLAUSE 61.02
Area covered by this scheme:
Murrindindi Shire Council municipal area
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61.03 What does this scheme consist of? 17/09/2007 VC45 This scheme consists of this document, any maps specified in the schedule to this clause,
and any document incorporated in the scheme in accordance with the Act. A document is not incorporated in this scheme by reason only that it is referred to in the scheme.
This document consists of State standard provisions and local provisions. Local provisions are identified by the inclusion of the name of the planning scheme in the page header. All other provisions are State standard provisions.
GENERAL PROVISIONS - CLAUSE 61.03 PAGE 1 OF 1
MURRINDINDI PLANNING SCHEME
SCHEDULE TO CLAUSE 61.03 14/01/2010 C25
Maps comprising part of this scheme:
Map numbers:
1, 1EMO
2, 2LSIO-FO, 2WMO
3, 3LSIO-FO
4, 4WMO
5, 5EMO, 5ESO, 5HO, 5LSIO-FO, 5WMO
6, 6DPO, 6EMO, 6ESO, 6HO, 6LSIO-FO, 6WMO
7, 7DPO, 7EMO, 7ESO, 7HO, 7LSIO-FO
8, 8EMO, 8ESO, 8LSIO-FO, 8WMO
9, 9DPO, 9ESO, 9LSIO-FO
10, 10DPO, 10ESO, 10HO, 10LSIO-FO, 10SLO, 10WMO
11, 11DPO, 11ESO, 11HO, 11LSIO-FO
12, 12ESO, 12LSIO-FO, 12WMO
13, 13ESO, 13LSIO-FO, 13SLO, 13WMO
14, 14LSIO-FO, 14SLO, 14WMO
15, 15DPO, 15ESO, 15LSIO-FO, 15SLO, 15WMO
16, 16EMO, 16ESO, 16LSIO–FO, 16WMO
17, 17EMO, 17LSIO-FO, 17RO, 17WMO
18, 18EMO, 18DDO, 18LSIO-FO, 18WMO
19, 19EMO, 19DDO, 19LSIO-FO, 19WMO
20, 20EMO, 20ESO, 20HO, 20LSIO-FO, 20WMO
21, 21EMO, 21LSIO-FO, 21WMO
22, 22ESO, 22HO, 22LSIO-FO, 22RO, 22SLO, 22WMO
23, 23ESO, 23LSIO-FO, 23SLO, 23WMO
24, 24DPO, 24LSIO-FO, 24SLO, 24WMO
25, 25HO, 25LSIO-FO
26, 26ESO, 26DPO, 26RO
27, 27ESO, 27DPO
28, 28ESO, 28DPO, 28WMO
29, 29ESO, 29RO, 29WMO
30, 30ESO, 30LSIO-FO, 30WMO
31, 31ESO, 31WMO
32, 32HO, 32LSIO-FO, 32VPO, 32WMO
33, 33HO, 33WMO
34, 34LSIO-FO, 34WMO
GENERAL PROVISIONS - CLAUSE 61.03 - SCHEDULE PAGE 1 OF 2
MURRINDINDI PLANNING SCHEME
35, 35DDO, 35DPO, 35EAO, 35VPO, 35LSIO-FO, 35WMO
36, 36VPO, 36WMO
GENERAL PROVISIONS - CLAUSE 61.03 - SCHEDULE PAGE 2 OF 2
GENERAL PROVISIONS - CLAUSE 61.04 PAGE 1 OF 1
61.04 When did this scheme begin?
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SCHEDULE TO CLAUSE 61.04
Date this scheme began:
6 May 1999
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GENERAL PROVISIONS - CLAUSE 61.05 PAGE 1 OF 1
61.05 Effect of this scheme
Land may be used or developed only in accordance with this scheme.
Land must not be developed unless the land as developed can be used in accordance withthis scheme.
If this scheme allows a particular use of land, it may be developed for that use provided allrequirements of the scheme are met.
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GENERAL PROVISIONS - CLAUSE 61.06 PAGE 1 OF 1
61.06 Determination of boundaries
If a boundary in this scheme is not precisely shown on a planning scheme map or is nototherwise defined, the certificate issuing authority must determine the boundary if asked todo so and must notify the applicant within 60 days.
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62 USES, BUILDINGS, WORKS, SUBDIVISIONS AND DEMOLITION NOTREQUIRING A PERMIT
62.01 Uses not requiring a permit
Any requirement in this scheme relating to the use of land does not apply to:
The use of land in a road if the use is associated with the use of adjoining land and isauthorised by the Council under a local law.
The use of land in a road to trade from a stall, stand, motor vehicle, trailer, barrow orother similar device if the use is authorised by the Council under a local law.
The use of land for wind measurement by an anemometer for 3 years or less.
The use of land for Geothermal energy exploration carried out in accordance with theGeothermal Energy Resources Act 2005.
The use of land associated with geothermal extraction if the conditions of Clause52.08-4 are met.
The use of land for temporary portable land sales office located on the land for sale.
62.02 Buildings and works
Clauses 62.02-1 and 62.02-2 set out exemptions from permit requirements in this schemerelating to the construction of a building or the construction or carrying out of works. Theseexemptions do not apply to the removal, destruction or lopping of trees and the removal ofvegetation. Exemptions for vegetation removal are set out in Clause 62.02-3.
62.02-1 Buildings and works not requiring a permit
Any requirement in this scheme relating to the construction of a building or the constructionor carrying out of works does not apply to:
Buildings or works which provide for fire protection under relevant legislation.
Emergency works undertaken by, or on behalf of, a municipality, public authority orutility service provider in the exercise of any power conferred on them under any Act.
Buildings or works with an estimated cost of $1,000,000 or less carried out by or onbehalf of a municipality.
Maintenance works carried out by a municipality or public authority to prevent oralleviate flood damage.
An anemometer located on a site for 3 years or less.
Buildings and works associated with a use on adjoining land or street trading ifauthorised under a local law.
Gardening.
Buildings and works associated with a minor utility installation.
Buildings or works which are a modification necessary to comply with a directionunder the Dangerous Goods Act 1985 or the Occupational Health and Safety Act 2004or a Waste Discharge Licence, Works Approval or Pollution Abatement Notice underthe Environment Protection Act 1970.
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Buildings and works associated with a telecommunications facility if the requirementsof Clause 52.19 are met.
Buildings and works associated with a dam if a licence is required to construct the damor to take and use water from the dam under the Water Act 1989.
Buildings and works associated with a carnival or circus if the requirements of A‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997 are met.
A temporary portable classroom associated with an education centre located on a sitefor 3 years or less.
A temporary shed or temporary structure for construction purposes, or a temporaryportable land sales office located on the land for sale.
A children’s cubbyhouse.
External lighting normal to a dwelling.
The construction, alteration, removal or demolition of an observational bore where alicence has been issued for those works under Part 5 of the Water Act 1989.
Buildings and works associated with geothermal energy exploration carried out inaccordance with the Geothermal Energy Resources Act 2005.
62.02-2 Buildings and works not requiring a permit unless specifically required bythe planning scheme
Any requirement in this scheme relating to the construction of a building or the constructionor carrying out of works does not apply to:
A fence.
A sign.
Roadworks.
Street furniture including post boxes, telephone booths, fire hydrants, bus shelters,shade sails, traffic control devices and public toilets.
Park furniture including seating, tables, shelters, rubbish bins, playground equipment,barbeques, shade sails, drinking fountains and public toilets.
Furniture and works normally associated with an education centre including, but notlimited to, outdoor furniture, playground equipment, art works, drinking fountains,rubbish bins and landscaping.
Disability access and disability facilities associated with an education centre (notincluding a lift external to a building).
Art work that is carried out by or on behalf of a public land manager.
Oil pipelines.
Buildings and works associated with a dependent person’s unit.
Buildings and works associated with mineral exploration.
Buildings and works associated with mining if the conditions of Clause 52.08-2 aremet.
Buildings and works associated with search for stone. This does not apply to costeaningand bulk sampling.
The internal rearrangement of a building or works provided the gross floor area of thebuilding, or the size of the works, is not increased and the number of dwellings is notincreased.
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Repairs and routine maintenance to an existing building or works.
Domestic services normal to a dwelling.
A rainwater tank with a capacity of not more than 4500 litres.
Bicycle pathways and trails.
A television antenna.
A flagpole.
A domestic swimming pool or spa and associated mechanical and safety equipment ifassociated with one dwelling on a lot.
An open-sided pergola or verandah to a dwelling with a finished floor level not morethan 800 mm above ground level and a maximum building height of 3 metres aboveground level.
A deck to a dwelling with a finished floor level not more than 800 mm above groundlevel.
A disabled access ramp.
Any works necessary to prevent soil erosion, or to ensure soil conservation orreclamation.
Buildings and works associated with geothermal extraction if the conditions of Clause52.08-4 are met.
A solar energy facility attached to a building that primarily services the land on whichit is situated.
Buildings and works associated with cat cages and runs, bird cages, dog houses, andother domestic animal enclosures associated with the use of the land as a dwelling.
This does not apply if a permit is specifically required for any of these matters.
62.02-3 Vegetation removal
Any requirement in this scheme relating to the construction or carrying out of works doesnot apply to the removal, destruction or lopping of trees and the removal of vegetation.
This does not apply if a permit is specifically required to remove, destroy or lop trees or toremove vegetation.
62.03 Events on public land
Any requirement in this scheme relating to the use of land or the construction of a buildingor the construction or carrying out of works does not apply to:
an event on public land; or
temporary buildings or works required for the event;
where that event has been authorised by the public land manager or by the council under alocal law.
An event includes land used to provide temporary cultural or community activities andentertainment such as a concert, festival or exhibition.
This does not apply to public land where a local provision of this scheme specificallyregulates an event for a particular site.
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62.04 Subdivisions not requiring a permit
Any requirement in this scheme relating to the subdivision of land does not apply to:
A subdivision by an authority acquiring the land which does not create an additionallot.
A subdivision by a public authority or utility service provider which does not create anadditional lot other than for the sole purpose of a minor utility installation. This doesnot apply if a permit is required to subdivide land under any overlay.
A subdivision by an authority acquiring the land which creates additional lots if theadditional lots are severed parcels of land without legal access to an existing road andthe additional lots are retained by the acquiring authority or sold to an abutting landowner on the condition that the lot be consolidated with abutting land.
A subdivision which realigns the common boundary between two lots if all the land isin one urban zone and any of the following apply: Any lot that is reduced in area meets the minimum lot area and minimum
dimensions (if any) specified for the zone. This does not apply if the area of thesmaller lot is limited by a provision of this scheme, or by a condition of a planningpermit.
There is no minimum lot area specified for the zone, the area of the smaller lot ismore than 230 square metres, and the area of either lot is reduced by less than 30square metres.
There is no minimum lot area specified for the zone, the area of the smaller lot is230 square metres or less, and the area of either lot is reduced by less than 5percent or by less than 30 square metres, which ever is lesser.
The new boundary coincides with a boundary fence that is more than five yearsold. This does not apply if all the land is in one ownership.
A subdivision which realigns the common boundary between two lots if all the land isin one non-urban zone, the re-subdivision does not allow the number of dwellings thewhole of the land could be used for under this scheme to increase, and any of thefollowing apply: Any lot that is reduced in area meets the minimum lot area and minimum
dimensions (if any) specified for the zone. This does not apply if the area of thesmaller lot is limited by a provision of this scheme, or by a condition of a planningpermit.
There is no minimum lot area specified for the zone, and no part of the boundary ismoved more than 1 metre. This does not apply if the area of the smaller lot wouldbe less than the area specified by a condition of a planning permit.
There is no minimum lot area specified for the zone, the new boundary coincideswith the location of a fence that is more than 5 years old, and no part of theboundary is moved more than 3 metres.
62.05 Demolition
A permit is not required for the demolition or removal of a building or works unless apermit is specifically required for demolition or removal.
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63 EXISTING USES
63.01 Extent of existing use rights
An existing use right is established in relation to use of land under this scheme if any of thefollowing apply:
The use was lawfully carried out immediately before the approval date.
A permit for the use had been granted immediately before the approval date and the usecommences before the permit expires.
A permit for the use has been granted under Clause 63.08 and the use commencesbefore the permit expires.
Proof of continuous use for 15 years is established under Clause 63.11.
The use is a lawful continuation by a utility service provider or other private body of ause previously carried on by a Minister, government department or public authority,even where the continuation of the use is no longer for a public purpose.
63.02 Characterisation of use
If a use of land is being characterised to assess the extent of any existing use right, the useis to be characterised by the purpose of the actual use at the relevant date, subject to anyconditions or restrictions applying to the use at that date, and not by the classification in thetable to Clause 74 or in Section 1, 2 or 3 of any zone.
63.03 Effect of definitions on existing use rights
The definition of a term in this scheme, or the amendment of any definition, does notincrease or restrict the extent of any existing use right established prior to the inclusion ofthe definition or amendment.
63.04 Section 1 uses
A use in Section 1 of a zone for which an existing use right is established may continueprovided any condition or restriction to which the use was subject and which applies to theuse in Section 1 of the zone continues to be met.
63.05 Sections 2 and 3 uses
A use in Section 2 or 3 of a zone for which an existing use right is established maycontinue provided:
No building or works are constructed or carried out without a permit. A permit must notbe granted unless the building or works complies with any other building or worksrequirement in this scheme.
Any condition or restriction to which the use was subject continues to be met. Thisincludes any implied restriction on the extent of the land subject to the existing use rightor the extent of activities within the use.
The amenity of the area is not damaged or further damaged by a change in the activitiesbeyond the limited purpose of the use preserved by the existing use right.
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63.06 Expiration of existing use rights
An existing use right expires if either:
The use has stopped for a continuous period of 2 years, or has stopped for two or moreperiods which together total 2 years in any period of 3 years.
In the case of a use which is seasonal in nature, the use does not take place for 2 yearsin succession.
63.07 Compliance with codes of practice
A use for which an existing use right is established must comply with any relevant code ofpractice incorporated in this scheme if either:
The instrument of approval of the code of practice has been ratified by Parliament inaccordance with Section 55 of the Conservation Forests and Lands Act 1987.
The code of practice is approved or ratified by Parliament under an Act.
63.08 Alternative use
If land is used for a use in Section 3 of a zone for which an existing use right is established,a permit may be granted to use the land for an alternative use which does not comply withthis scheme. The responsible authority must be satisfied that the use of the land for thealternative use will be less detrimental to the amenity of the locality.
63.09 Shop conditions
A permit must not be granted to:
Construct or carry out a building or works under Clause 63.05 for a shop with aleasable floor area exceeding 500 square metres.
Use land under Clause 63.08 for a shop with a leasable floor area exceeding 500 squaremetres.
63.10 Damaged or destroyed buildings or works
If at least 50 percent of the gross floor area of a building or at least 50 percent of the areaof any works is damaged or destroyed so that the use cannot continue without the buildingor works being reconstructed, the land must be used in conformity with this scheme, unlessa permit is granted to continue the use, and to construct or carry out buildings or works.
63.11 Proof of continuous use
If, in relation to an application or proceeding under the Act or this scheme, including anapplication for a certificate of compliance under Section 97N of the Act, the extent of anyexisting use right for a period in excess of 15 years is in question, it is sufficient proof ofthe establishment of the existing use right if the use has been carried out continuously for15 years prior to the date of the application or proceeding.
An existing use right may be established under this clause even if the use did not complywith the scheme immediately prior to or during the 15 year period, unless either:
At any time before or after commencement of the 15 year period the use has been heldto be unlawful by a decision of a court or tribunal.
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During the 15 year period, the responsible authority has clearly and unambiguouslygiven a written direction for the use to cease by reason of its non-compliance with thescheme.
63.12 Decision guidelines
Before deciding on an application under Clause 63.05, 63.08 or 63.10, in addition to thedecision guidelines in Clause 65 and any other requirements of the Act, the responsibleauthority must consider the extent to which compliance can be achieved with all schemerequirements that can reasonably be met.
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64 GENERAL PROVISIONS FOR USE AND DEVELOPMENT OF LAND
64.01 Land used for more than one use
If land is used for more than one use and one is not ancillary to the other, each use mustcomply with this scheme.
64.02 Land used in conjunction with another use
If a provision of this scheme provides that a use of land must be used ‘in conjunction with’another use of the land:
there must be an essential association between the two uses; and
the use must have a genuine, close and continuing functional relationship in itsoperation with the other use.
64.03 Subdivision of land in more than one zone
If a provision of this scheme provides that a permit is required to subdivide land and theland is in more than one zone a permit may be granted even if one of the lots does notcomply with the minimum lot size requirements of a zone.
Permit Requirement
A permit may be granted to create one lot smaller than specified in the scheme if all of thefollowing are met:
The lot to be subdivided is in more than one zone and cannot comply with the minimumlot area specified in the scheme.
The proposed subdivision does not create lots where any lot extends into more than onezone. This does not apply to any lots created for the following purposes:
To comply with the requirements of the Urban Floodway Zone.
To provide access to a road.
The remainder of the proposed lots must comply with the minimum lot area specified inthe scheme.
The proposed subdivision does not create more lots or smaller lots than allowed for ingreen wedge land.
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65 DECISION GUIDELINES
Because a permit can be granted does not imply that a permit should or will be granted.The responsible authority must decide whether the proposal will produce acceptableoutcomes in terms of the decision guidelines of this clause.
65.01 Approval of an application or plan
Before deciding on an application or approval of a plan, the responsible authority mustconsider, as appropriate:
The matters set out in Section 60 of the Act.
The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.
The purpose of the zone, overlay or other provision.
Any matter required to be considered in the zone, overlay or other provision.
The orderly planning of the area.
The effect on the amenity of the area.
The proximity of the land to any public land.
Factors likely to cause or contribute to land degradation, salinity or reduce waterquality.
Whether the proposed development is designed to maintain or improve the quality ofstormwater within and exiting the site.
The extent and character of native vegetation and the likelihood of its destruction.
Whether native vegetation is to be or can be protected, planted or allowed to regenerate.
The degree of flood, erosion or fire hazard associated with the location of the land andthe use, development or management of the land so as to minimise any such hazard.
65.02 Approval of an application to subdivide land
Before deciding on an application to subdivide land, the responsible authority must alsoconsider, as appropriate:
The suitability of the land for subdivision.
The existing use and possible future development of the land and nearby land.
The availability of subdivided land in the locality, and the need for the creation offurther lots.
The effect of development on the use or development of other land which has acommon means of drainage.
The subdivision pattern having regard to the physical characteristics of the landincluding existing vegetation.
The density of the proposed development.
The area and dimensions of each lot in the subdivision.
The layout of roads having regard to their function and relationship to existing roads.
The movement of pedestrians and vehicles throughout the subdivision and the ease ofaccess to all lots.
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The provision and location of reserves for public open space and other communityfacilities.
The staging of the subdivision.
The design and siting of buildings having regard to safety and the risk of spread of fire.
The provision of off-street parking.
The provision and location of common property.
The functions of any body corporate.
The availability and provision of utility services, including water, sewerage, drainage,electricity and gas.
If the land is not sewered and no provision has been made for the land to be sewered,the capacity of the land to treat and retain all sewage and sullage within the boundariesof each lot.
Whether, in relation to subdivision plans, native vegetation can be protected throughsubdivision and siting of open space areas.
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66 REFERRAL AND NOTICE PROVISIONS
Scope
These provisions set out the types of applications which must be referred under Section 55of the Act or for which notice must be given under Section 52(1)(c) of the Act. Theprovisions do not apply to the seeking of advice about an application or where a responsibleauthority may choose to give notice under another sub-section of Section 52(1) of the Act.
These provisions also specify when a plan must be referred under Section 8(1)(a) of theSubdivision Act 1988.
Referrals
Applications of the kind listed in Clauses 66.01, 66.02, 66.03 and 66.04 must be referred tothe person or body specified as a referral authority in accordance with Section 55 of theAct.
This does not apply if in the opinion of the responsible authority, the proposal satisfiesrequirements or conditions previously agreed in writing between the responsible authorityand the referral authority, or the referral authority has considered the proposal for which theapplication is made within the past three months and has stated in writing that it does notobject to the granting of the permit for the proposal.
Notice
Notice of an application of the kind listed below in Clauses 66.05 and 66.06 must be givenin accordance with Section 52(1)(c) of the Act to the person or body specified as a personor body to be notified.
This does not apply if, in the opinion of the responsible authority, the proposal satisfiesrequirements or conditions previously agreed in writing between the responsible authorityand the person or body to be notified.
66.01 Subdivision referrals
An application of the kind listed in the table below must be referred to the person or bodyspecified as the referral authority.
Kind of application Referral authority
To subdivide land other than:
• Boundary realignments.• Subdivisions of existing buildings already
connected to services.• Two lot subdivisions.
• Subdivisions for the creation of lots tocorrespond with existing flats and carparking spaces.
The relevant water, drainage or sewerageauthority
The relevant telecommunication authorityThe relevant electricity supply ordistribution authority
The relevant gas supply authority
To subdivide land outside the metropolitanfire district which creates a road, where therequirements of Clause 56.09-3 are not met.
Country Fire Authority
To subdivide land if the only access to a lot isover Crown land which has not beenreserved or proclaimed as a road.
Minister administering the Land Act 1958
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Kind of application Referral authority
To subdivide land crossed by a gastransmission pipeline or a gas transmissionpipeline easement.
The relevant gas supply authority
To subdivide land within 60 metres of a majorelectricity transmission line (220 Kilovolts ormore) or an electricity transmissioneasement.
The relevant electricity transmissionauthority
Note: A subdivision which does not require referral under Clause 66.01 must be referred if it islisted as a requirement under any other provision of Clause 66.
66.01-1 Conditions on subdivisions not requiring referral
Permits for subdivisions listed in the table to Clause 66.01 as not requiring referral (otherthan for the creation of lots to correspond with existing flats and car parking spaces) mustcontain the following conditions:
The owner of the land must enter into agreements with the relevant authorities for theprovision of water supply, drainage, sewerage facilities, electricity, gas andtelecommunication services to each lot shown on the endorsed plan in accordance withthe authority’s requirements and relevant legislation at the time.
All existing and proposed easements and sites for existing or required utility servicesand roads on the land must be set aside in the plan of subdivision submitted forcertification in favour of the relevant authority for which the easement or site is to becreated.
The plan of subdivision submitted for certification under the Subdivision Act 1988 mustbe referred to the relevant authority in accordance with Section 8 of that Act.
66.01-2 Referrals under the Subdivision Act – certification of plans
For the purpose of Section 8(1)(a) of the Subdivision Act 1988 referral of a plan is requiredif:
A referral is required by a permit issued under this scheme. The plan must be referred tothe relevant referral authority.
A plan creates, varies or removes an easement or restriction likely to be of interest to areferral authority. The plan must be referred to the relevant referral authority.
The only access to a lot on a plan is over Crown land and the Minister administering theLand Act 1958 has not consented or provision has not been made for a road to bereserved or proclaimed. The plan must be referred to that Minister.
In the opinion of the Council the plan may affect existing sewerage, water, drainage orother works. The plan must be referred to the referral authority responsible for thoseworks.
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66.02 Use and development referrals
An application of the kind listed in the table below must be referred to the person or bodyspecified as the referral authority.
Kind of application Referral authority
66.02-1 Works approval or licence
For a use or development requiring any ofthe following:
Works approval in accordance withSection 19A of the EnvironmentProtection Act 1970.
A licence to discharge or emit waste inaccordance with Section 20 of theEnvironment Protection Act 1970.
Amendment of a licence under Section20A of the Environment Protection Act1970.
Environment Protection Authority
66.02-2 Mining
To use or develop land for mining. Secretary to the Department administeringthe Mineral Resources (SustainableDevelopment) Act 1990
66.02-3 Native vegetation
To remove or destroy more than 15 nativetrees if each tree has a trunk diameter ofless than 40 centimetres at a height of 1.3metres above ground level.
Secretary to the Department ofSustainability and Environment
To remove or destroy more than 5 nativetrees if each tree has a trunk diameter of40 centimetres or more at a height of 1.3metres above ground level.
To remove or destroy native vegetationwhich is in an Ecological Vegetation Classthat has a Bioregional ConservationStatus of Endangered, Vulnerable or Rareif the area to be cleared is more than 0.5hectare.
To remove or destroy native vegetationwhich is in an Ecological Vegetation Classthat has a Bioregional ConservationStatus of Depleted or Least Concern if thearea to be cleared is more than 1 hectare.
To remove, destroy or lop nativevegetation if a property vegetation planapplies to the site.
To remove, destroy or lop nativevegetation on Crown land which isoccupied or managed by the responsibleauthority.
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66.02-4 Cattle feedlot
To use or develop land for a cattle feedlot. Minister for Agriculture
If the site is located within a special watersupply catchment area under theCatchment and Land Protection Act 1994,the relevant water authority under theWater Act 1989 and the Secretary to theDepartment administering the Catchmentand Land Protection Act 1994
If the number of cattle is 5000 or more, theEnvironment Protection Authority
66.02-5 Major electricity line or easement
To construct a building or construct or carryout works on land within 60 metres of a majorelectricity transmission line (220 Kilovolts ormore) or an electricity transmissioneasement.
The relevant electricity transmissionauthority
66.02-6 Special water supply catchment
To use, subdivide or consolidate land, toconstruct a building or construct or carry outworks, or to demolish a building or works thatare within a Special Water Supply CatchmentArea listed in Schedule 5 of the Catchmentand Land Protection Act 1994 and whichprovides water to a domestic supply.
This does not apply to an application for asign, fence, roadworks or unenclosedbuilding or works ancillary to a dwelling.
The relevant water board or water supplyauthority
66.02-7 Timber production
To use or develop land for timberproduction by establishing a plantation.
Secretary to the Department ofSustainability and Environment
To use or develop land for timberproduction by harvesting timber fromnative forest, including thinning, if the areaof native forest to be subjected to timberproduction operations is 10 hectares orgreater.
66.02-8 Industry or warehouse
To use land for an industry or warehousefor a purpose listed in the table to Clause52.10 shown with a Note 1 or if thethreshold distance is not to be met.
Environment Protection Authority
To use land for an industry or warehousefor a purpose listed in the table to Clause52.10 shown with a Note 2 and if any ofthe following apply:
A fire protection quantity is exceededunder the Dangerous Goods (Storageand Handling) Regulations 2000.
A notification is required under the
The Victorian WorkCover Authority
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Occupational Health and Safety (MajorHazard Facilities) Regulations 2000.
A licence is required under theDangerous Goods (Explosives)Regulations 2000.
A licence is required under theDangerous Goods (HCDG)Regulations 2000 and the use is notassociated with agriculture.
To construct a building or construct orcarry out works on land used for anindustry or warehouse for a purpose listedin the table to Clause 52.10 and shownwith a Note 2 if the area of the buildingsand works will increase by more than 25per cent and any of the following apply:
A fire protection quantity is exceededunder the Dangerous Goods (Storageand Handling) Regulations 2000.
A notification is required under theOccupational Health and Safety (MajorHazard Facilities) Regulations 2000.
A licence is required under theDangerous Goods (Explosives)Regulations 2000.
A licence is required under theDangerous Goods (HCDG)Regulations 2000 and the use is notassociated with agriculture.
The Victorian WorkCover Authority
66.02-9 Extractive industry
To use or develop land for extractiveindustry.
Secretary to the Department administeringthe Extractive Industries Development Act1995
Secretary to the Department administeringthe Heritage Act 1995
To use or develop land for extractiveindustry on Crown land or land abuttingCrown land, other than a governmentroad.
Secretary to the Department administeringthe Land Act 1958, Crown Land (Reserves)Act 1978, National Parks Act 1975 andForests Act 1958.
To use or develop land for extractiveindustry:
In Special Areas declared underSection 27 of the Catchment and LandProtection Act 1994.
On land where the use ordevelopment involves the removal ordestruction of native vegetation if thetotal area to be cleared is 10 hectaresor greater.
On land which has been identified inthis scheme as being subject to higherosion risk or areas identified as
Secretary to the Department administeringthe Catchment and Land Protection Act1994
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being subject to salinity management.
To use or develop land for extractiveindustry:
In areas with communities or taxalisted or critical habitat determinedunder the Flora and Fauna GuaranteeAct 1988.
On land which has been identified inthis scheme as containing sites of floraor fauna significance.
Secretary to the Department administeringthe Flora and Fauna Guarantee Act 1988
To use or develop land for extractiveindustry on land which has been identifiedin this scheme as flood prone.
Secretary to the Department administeringSection 201 of the Water Act 1989
To use or develop land for extractiveindustry if the land is intended to be usedfor land fill at a future date.
Environment Protection Authority
To use or develop land for extractiveindustry:
On land which abuts a local roadwhich intersects with a road declaredas a freeway or an arterial road underthe Road Management Act 2004 and ifthe development is expected toincrease traffic movement at theintersection of the local road and thedeclared road by ten percent or more.
On land which abuts a road declaredas a freeway or an arterial road underthe Road Management Act 2004. Thisdoes not apply to a developmentwhich generates less than onehundred commercial trips per day, withroadworks at the entrance to the sitebuilt in accordance with therequirements of the RoadsCorporation and the declared road isnot a freeway.
Roads Corporation
66.02-10 Geothermal energy extraction
To use or develop land for geothermalenergy extraction.
Secretary to the Department administeringthe Geothermal Energy Resources Act2005
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66.03 Referral of permit applications under other State standard provisions
An application of the kind listed in the table below, where the planning scheme includes thespecified clause, must be referred to the person or body specified as the referral authority.
Clause Kind of application Referral authority
Clause 37.03-5(UFZ)
An application under the zone Relevant floodplainmanagement authority
Clause 37.07-5
(UGZ)
An application under the zone withinMetropolitan Melbourne
Growth AreasAuthority
An application under the zone outsideMetropolitan Melbourne
Department ofPlanning andCommunityDevelopment
Clause 44.02-3(SMO)
An application under the overlay and any sitecapability report
Department ofSustainability andEnvironment
Clause 44.03-4(FO)
An application under the overlay Relevant floodplainmanagement authority
Clause 44.04-4(LSIO)
An application under the overlay Relevant floodplainmanagement authority
Clause 44.05-4(SBO)
An application under the overlay Relevant floodplainmanagement authority
Clause 44.06-3(WMO)
An application under the overlay Relevant fire authority
Clause 44.07-4(SRO)
An application of the kind specified in aschedule to the overlay
Referral authorityspecified in a scheduleto the overlay
Clause 45.01-2(PAO)
An application under the overlay Authority responsiblefor acquiring the land
Clause 45.07-5(CLPO)
An application under the overlay Roads Corporation
Clause 52.05 An application to display an animated orelectronic sign within 60 metres of a freewayor arterial road declared under the RoadManagement Act 2004.
Roads Corporation
Clause 52.29 An application to create or alter access to, orto subdivide land adjacent to, a road declaredas a freeway or an arterial road under theRoad Management Act 2004, land owned bythe Roads Corporation for the purpose of aroad, or land in a PAO if the RoadsCorporation is the authority responsible foracquiring the land, subject to exemptionsspecified in the clause
Roads Corporation
Any other application under the Clause Owner of, or theauthority responsiblefor acquiring the
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GENERAL PROVISIONS - CLAUSE 66 PAGE 8 OF 9
Clause Kind of application Referral authority
adjacent land in theRoad Zone, Category1 or the PAO
Clause 52.30-1 An application to use or develop land for aFreeway service centre.
Roads Corporation
Clause 52.36-01 An application of the kind listed in the Clause. Director of PublicTransport
66.04 Referral of permit applications under local provisions
In addition to the referral requirements of Clause 66.01, 66.02 and 66.03, an application ofthe kind listed in the schedule to this clause must be referred to the referral authorityspecified in the schedule.
If a local provision of the scheme specifies a person or body as a referral authority for akind of application or contains a referral requirement, and that specification or requirementis not included in the schedule to this clause, it is not a referral requirement under section55 of the Act.
66.05 Notice of permit applications under State standard provisions
Notice of an application of the kind listed in the table below must be given to the person orbody specified as a person or body to be notified.
Clause Kind of application Person or body to be
notified
Clause 45.08-6 An application to use or subdivide land, or toconstruct a building or construct or carry outworks.
The airport lesseecompany of MelbourneAirport in accordancewith theCommonwealthAirports Act 1996
Clause 52.09-4 An application to use or subdivide land orconstruct a building for Accommodation, Childcare centre, Education centre or Hospital:
Within an Extractive Industry Interest Area.
On land which is within 500 metres of landon which a work authority has been appliedfor or granted under the ExtractiveIndustries Development Act 1995.
An application to construct a building orconstruct or carry out works on land for whicha work authority has been applied for orgranted under the Extractive IndustriesDevelopment Act 1995.
These requirements do not apply to anextension to buildings or works.
The Secretary of theDepartmentadministering theExtractive IndustriesDevelopment Act 1995
Clause 52.21 An application to construct, use or illuminate aprivate tennis court under any provision of thisscheme.
The owners andoccupiers of adjoiningand oppositeproperties
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GENERAL PROVISIONS - CLAUSE 66 PAGE 9 OF 9
Clause Kind of application Person or body to be
notified
Clause 52.31 An application to use or develop land toestablish a new broiler farm, or to increase thefarm capacity of an existing broiler farm, thatmeets the requirements of a Special ClassBroiler Farm or Farm Cluster as specified inthe Victorian Code for Broiler Farms 2009.
EnvironmentProtection Authority
Clause 67.02 An application for a permit which, except forthe provisions of Clause 67, would be made tothe Minister in accordance with Section 96 ofthe Act. This does not apply to an applicationfor a sign or advertisement, or to remove,destroy or lop native vegetation under Clause52.17 of this scheme
The owners andoccupiers of adjoiningland
The National Trust ofAustralia (Victoria), ifthe application relatesto land on which thereis a building classifiedby the Trust
Clause 67.03 An application for a permit to remove, destroyor lop native vegetation under Clause 52.17,which, except for the provisions of Clause 67,would be made to the Minister in accordancewith Section 96 of the Act. This does not applyif the application is of a kind which must bereferred to the Secretary under Section 55 ofthe Act.
The Secretary to theDepartmentadministering the Floraand Fauna GuaranteeAct 1988
66.06 Notice of permit applications under local provisions
In addition to the notice requirements of Clause 66.05, notice of an application of the kindspecified in the schedule to this clause must be given to the person or body specified in theschedule. If a local provision of the scheme specifies a notice requirement and thatrequirement is not included in the schedule to this clause, it is not a notice requirementunder Section 52(1)(c) of the Act.
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MURRINDINDI PLANNING SCHEME
GENERAL PROVISIONS - CLAUSE 66.04 - SCHEDULE PAGE 1 OF 19 SEPTEMBER 2004
SCHEDULE TO CLAUSE 66.04
Referral of permit applications under local provisions
Clause Kind of application Referral authority
Clause 3.0 ofSchedule 1 toClause 42.03 (SLO)
All applications. Department ofSustainability andEnvironment
Clause 3.0 ofSchedule 2 toClause 42.03 (SLO)
All applications. Department ofSustainability andEnvironment
Clause 1.0 ofSchedule 4 to 43.04(DPO)
Any subdivision proposal for the whole ofthe land described as 32 McKenzie Street,or any development proposal on any lot tobe created adjacent to the UT Creekreserve
Department ofSustainability andEnvironment
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MURRINDINDI PLANNING SCHEME
GENERAL PROVISIONS - CLAUSE 66.06 - SCHEDULE PAGE 1 OF 19 SEPTEMBER 2004
SCHEDULE TO CLAUSE 66.06
Notice of permit applications under local provisions
Clause Kind of application Person or body to be
notified
None specified
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GENERAL PROVISIONS - CLAUSE 67 PAGE 1 OF 2
67 APPLICATIONS UNDER SECTION 96 OF THE ACT
This clause applies to an application for a permit which, except for the provisions of thisclause, would be made to the Minister in accordance with Section 96 of the Act.
67.01 Exemptions from Section 96(1) and 96(2) of the Act
In accordance with Section 6(2)(ka) of the Act, the following classes of use anddevelopment are exempted from Section 96(1) and 96(2) of the Act:
CLASS 1
Use of land for -
Car park, camping and caravan park, community facility (including child care centre,maternal and infant welfare centre, neighbourhood house, place of assembly and toiletblock), dwelling, extractive industry, hospital, industry, leisure and recreation, office,residential village, retail premises or service station.
CLASS 2
Development of land for -
A Class 1 use, demolition of a building or works, lighting and floodlighting of a recreationfacility or building, sign or advertisement or subdivision.
CLASS 3
Any other use or development.
67.02 Notice requirements
In accordance with Section 52(1)(c) of the Act, notice must be given to:
The owners and occupiers of adjoining land.
The National Trust of Australia (Victoria), if the application relates to land on whichthere is a building classified by the Trust.
This does not apply to an application:
For a sign or advertisement.
To remove, destroy or lop native vegetation under Clause 52.17 of this scheme.
If a permit is only required under any of the following overlays:
Salinity Management Overlay
Floodway Overlay
Land Subject to Inundation Overlay
Special Building Overlay
Wildfire Management Overlay
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GENERAL PROVISIONS - CLAUSE 67 PAGE 2 OF 2
67.03 Notice requirements - native vegetation
In accordance with Section 52(1)(c) of the Act, notice of an application to remove, destroyor lop native vegetation under Clause 52.17 of this scheme must be given to the Secretary tothe Department administering the Flora and Fauna Guarantee Act 1988.
This does not apply if the application is of a kind which must be referred to the Secretaryunder Section 55 of the Act.
67.04 Notice exemption
In accordance with Section 52(4) of the Act, an application for a sign or advertisement onland managed, occupied or owned by the responsible authority is exempt from the noticerequirement of Clause 52(1)(a) of the Act.
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Definitions
DEFINITIONS – CLAUSE 70 PAGE 1 OF 1
70 DEFINITIONS
This section sets out the meaning of terms used or defined in this scheme. 19/01/2006 VC37
DEFINITIONS – CLAUSE 71 PAGE 1 OF 1
71 MEANING OF WORDS
A term used in this planning scheme has its ordinary meaning unless that term is defined:
In this planning scheme.
In the Planning and Environment Act 1987 or the Interpretation of Legislation Act1984, in which case the term has the meaning given to it in those Acts unless it is de-fined differently in this scheme.
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DEFINITIONS – CLAUSE 72 PAGE 1 OF 4
72 GENERAL TERMS
The following table lists general terms which may be used in this planning scheme. A termlisted in the first column, under the heading "General Term", has the meaning set out besidethat term in the second column, under the heading "Definition".
GENERAL TERM DEFINITION
Act The Planning and Environment Act 1987.
Agricultural produc-
tion
Any form of primary production of renewable commodities. Itdoes not include extractive industry, mining, or timber produc-tion from native forest.
Anemometer A wind measuring device.
Approval date The date this scheme began, or the date of notice in the VictoriaGovernment Gazette of approval of an amendment to thisscheme.
Basement A storey below ground level, or that projects no more than 1.2metres above ground level.
Building height The vertical distance from natural ground level to the roof orparapet at any point.
Building Regulations The Building Regulations 1994.
Carriageway The area of a street reserve which is provided for the movementor parking of vehicles. It is determined by the invert of a kerband channel and the point adjacent to the pavement edge forkerb (only) and edge strips.
Clear to the sky An unroofed area or area roofed with material that transmits 90per cent of light.
Deflection angle The angle between two tangent sections of a carriageway.
Design speed The speed fixed for the design and correlation of the geometricfeatures of a carriageway that influence vehicle operation. It isthe speed which is not exceeded by 85 per cent of vehicles.
Domestic services
normal to a dwelling
A domestic appliance or apparatus that is normal to and ser-vices a dwelling. It includes disabled access ramps and hand-rails, an air conditioner, cooling or heating system, a hot waterservice, security systems and cameras, shade sails, a barbe-que, downpipes and flues, a skylight, security screens, and thelike.
Earthworks Land forming, laser grading, levee banks, raised access roadsand tracks, building pads, storage embankments, channelbanks and drain banks and associated structures.
Frontage The road alignment at the front of a lot. If a lot abuts two or moreroads, the one to which the building, or proposed building,faces.
Gaming The playing of a gaming machine.
Gaming machine Has the same meaning as it has in the Gambling Regulation Act2003.
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DEFINITIONS – CLAUSE 72 PAGE 2 OF 4
GENERAL TERM DEFINITION
Gross floor area The total floor area of a building, measured from the outside ofexternal walls or the centre of party walls, and includes allroofed areas.
Ground level The natural level of a site at any point.
Habitable room Any room of a dwelling or residential building other than a bath-room, laundry, toilet, pantry, walk-in wardrobe, corridor, stair,lobby, photographic darkroom, clothes drying room and otherspace of a specialised nature occupied neither frequently nor forextended periods.
High quality produc-
tive agricultural
land
Land which is used for animal husbandry or crop raising, and iscapable of continuing to sustain agricultural production, and:
a) is of prime, or very good, agricultural quality, having regardto soil type, growing season, and availability of infrastruc-ture, and is of sufficient extent to support agricultural activi-ties on an economically viable scale; or
b) has been identified through a regional, sub-regional, or localstudy as being of particularly good quality and strategic sig-nificance for agriculture in the regional or local context.
Land capability as-
sessment
The assessment of the physical ability of the land to sustainspecific uses having regard to its management, and without longterm on-site detriment to the environment.
Leasable floor area That part of the net floor area able to be leased. It does not in-clude public or common tenancy areas, such as malls, veran-dahs, or public conveniences.
Lot A part (consisting of one or more pieces) of any land (except aroad, a reserve, or common property) shown on a plan, whichcan be disposed of separately and includes a unit or accessoryunit on a registered plan of strata subdivision and a lot or ac-cessory lot on a registered cluster plan.
Mean building height The vertical distance between the mean ground level and thefinished roof height at its highest point.
Mean ground level One half the sum of the highest and lowest levels along groundlevel of the outer surface of all external building walls.
Metropolitan Mel-
bourne
The area covered by the Banyule, Bayside, Boroondara, Brim-bank, Cardinia, Casey, Darebin, Frankston, Glen Eira, GreaterDandenong, Hobsons Bay, Hume, Kingston, Knox, Manning-ham, Maribyrnong, Maroondah, Melbourne, Melton, Monash,Moonee Valley, Moreland, Mornington Peninsula, Nillumbik, Portof Melbourne, Port Phillip, Stonnington, Whitehorse, Whittlesea,Wyndham, Yarra and Yarra Ranges Planning Schemes.
Mineral Any substance which occurs naturally as part of the earth'scrust, including:
a) oil shale and coal; andb) hydrocarbons and mineral oils contained in oil shale or coal,
or extracted from oil shale or coal by chemical or industrialprocesses.
It does not include water, stone, or petroleum.
DEFINITIONS – CLAUSE 72 PAGE 3 OF 4
GENERAL TERM DEFINITION
Movable building A structure, other than a tent, caravan, or vehicle, which is de-signed to be moved from place to place on more than one occa-sion.
Native vegetation Plants that are indigenous to Victoria, including trees, shrubs,herbs, and grasses.
Net floor area The total floor area of all floors of all buildings on a site. It in-cludes half the width of any party wall and the full width of allother walls. It does not include the area of stairs, loading bays,accessways, or car parking areas, or any area occupied by ma-chinery required for air conditioning, heating, power supply, orlifts.
Plot ratio The gross floor area of all buildings on a site, divided by thearea of the site.
Private open space An outdoor area of a dwelling or residential building or land forthe exclusive use of the occupants.
Property vegetation
plan
A plan which relates to the management of native vegetationwithin a property, and which is contained within an agreementmade pursuant to section 69 of the Conservation, Forests andLands Act 1987.
Prostitution The provision by one person to or for another person (whetheror not of a different sex) of sexual services in return for paymentor reward.
Public land manager The Minister, government department, public authority or mu-nicipal council having responsibility for the care or managementof public land. In relation to Crown land reserved under an Actand managed or controlled by a committee of management,other than Parks Victoria or a municipal council, it means theMinister administering that Act and does not include the commit-tee of management.
Radio mast A mast, for radio transmission or reception in a dwelling, that is:
a) with antenna, more than 14 metres above the ground;b) if attached to a building, with antenna, more than 5 metres
above the roof line;c) including antenna, wider than 6 metres; ord) excluding antenna, wider than 50 centimetres at any point
exceeding 3 metres above the ground.
Retail The sale of goods or materials, in any quantity or manner, otherthan by wholesale.
Secluded private open
space
That part of private open space primarily intended for outdoorliving activities which enjoys a reasonable amount of privacy.
Setback The minimum distance from any allotment boundary to a build-ing.
Sexual services Has the same meaning as it has in the Prostitution Control Act1994.
Site coverage The proportion of a site covered by buildings.
Stone Basalt, freestone, granite, limestone, sandstone, or other build-ing stone, or rock, ordinarily used for building, manufacturing,
DEFINITIONS – CLAUSE 72 PAGE 4 OF 4
GENERAL TERM DEFINITION
road making, or construction; or clay (not fine clay, bentonite, orkaolin), earth, gravel, quartz (not quartz crystals), sand, soil,slate, or other similar material.
Storey That part of a building between floor levels. If there is no floorabove, it is the part between the floor level and ceiling. It mayinclude an attic, basement, built over car parking area, and mez-zanine.
Street leg length The distance between street intersections or junctions, or pointsand locations where vehicles must slow down, usually to amaximum speed of 20 kilometres per hour.
Street reserve Land set aside for a street pavement and verge.
Sustainable agricul-
ture
The use of farming practices and systems which maintain orenhance:
a) the economic viability of agricultural production;b) the natural resource base; andc) other ecosystems which are influenced by agricultural activi-
ties.
Telecommunications
line
A wire, cable, optic fibre, tube, conduit, waveguide or otherphysical medium used, or to be used, as a continuous artificialguide for or in connection with carrying communications bymeans of guided electromagnetic energy.
Telecommunications
network
A system or series of systems that carries, or is capable of car-rying, communications by means of guided and unguided elec-tromagnetic energy.
Telecommunications
tower
A tower, pole or mast used as part of a Telecommunicationsnetwork.
Tenement Land comprised in:
a) a lot which does not adjoin another lot in the same owner-ship; or
b) lots in the same ownership and which adjoin each other.
Lots are considered to adjoin each other if they are separatedonly by a stream, stream reserve, or unmade or unused gov-ernment road or rail reserve.
Utility service provider A person, other than a public authority or municipal council,having responsibility under an Act for the generation, transmis-sion, distribution or supply of electricity, gas, power, telecom-munications, water supply, drainage or sewerage services.
Verge The part of the street reserve between the carriageway and theboundary of adjacent lots or other limit to the street reserve. Itmay accommodate public utilities, a footpath, indented parking,stormwater flows, street lighting poles and planting.
Wall height The vertical distance between the top of the eaves at the wallline, parapet or flat roof (not including a chimney), whichever isthe highest, and the natural ground level.
Wholesale The sale of goods or materials, to be sold by others.
DEFINITIONS - CLAUSE 73 PAGE 1 OF 2
73 OUTDOOR ADVERTISING TERMS
The following table lists terms which may be used in this planning scheme in relation tooutdoor advertising. A term listed in the first column, under the heading "Outdoor Advertis-ing Term", has the meaning set out beside that term in the second column, under the head-ing "Definition".
OUTDOOR ADVERTIS-
ING TERM
DEFINITION
Above-verandah sign A sign above a verandah or, if no verandah, that is more than3.7 metres above pavement level, and which projects morethan 0.3 metre outside the site.
Advertisement area The total area of an advertisement. If the advertisement doesnot rotate or move, the area is one side only.
Animated sign A sign that can move, contains moving or scrolling parts,changes its message, flashes, or has a moving or flashingborder.
Bed and breakfast sign A sign at a dwelling that advertises bed and breakfast ac-commodation in the dwelling.
Bunting sign An advertisement that consists of bunting, streamers, flags,windvanes, or the like.
Business identification
sign
A sign that provides business identification information abouta business or industry on the land where it is displayed. Theinformation may include the name of the business or building,the street number of the business premises, the nature of thebusiness, a business logo or other business identificationinformation.
Direction sign A sign not exceeding 0.3 square metre that directs vehiclesor pedestrians. It does not include a sign that contains com-mercial information.
Electronic sign A sign that can be updated electronically. It includes screensbroadcasting still or moving images.
Floodlit sign A sign illuminated by external lighting provided for that pur-pose.
High-wall sign A sign on the wall of a building so that part of it is more than10 metres above the ground.
Home occupation sign A sign at a dwelling that advertises a home occupation car-ried on in the dwelling, or on the land around the dwelling.
Internally illuminated
sign
A sign illuminated by internal lighting or which contains lightsor illuminated tubes arranged as an advertisement.
Major promotion sign A sign which is 18 square metres or greater that promotesgoods, services, an event or any other matter, whether or notprovided, undertaken or sold or for hire on the land or in thebuilding on which the sign is sited.
Panel sign A sign with an advertisement area exceeding 10 square me-tres.
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DEFINITIONS - CLAUSE 73 PAGE 2 OF 2
OUTDOOR ADVERTIS-
ING TERM
DEFINITION
Pole sign A sign:
a) on a pole or pylon that is not part of a building or anotherstructure;
b) that is no more than 7 metres above the ground;c) with an advertisement area not exceeding 6 square me-
tres; andd) that has a clearance under it of at least 2.7 metres.
Promotion sign A sign of less than 18 square metres that promotes goods,services, an event or any other matter, whether or not pro-vided, undertaken or sold or for hire on the land or in thebuilding on which the sign is sited.
Reflective sign A sign finished with material specifically made to reflect ex-ternal light.
Sign An advertisement and any structure built specifically to sup-port it.
Sky sign A sign:
a) on or above the roof of a building, but not a verandah;b) fixed to the wall of a building and which projects above
the wall; orc) fixed to a structure (not a building) so that part of it is
more than 7 metres above the ground.
DEFINITIONS – CLAUSE 74 PAGE 1 OF 23
74 LAND USE TERMS
The following table lists terms which may be used in this planning scheme in relation to the useof land. This list is not exhaustive. However, a term describing a use or activity in relation toland which is not listed in the table must not be characterised as a separate use of land if theterm is obviously or commonly included within one or more of the terms listed in the table.
Meaning of terms
A term listed in the first column, under the heading "Land Use Term", has the meaning set outbeside that term in the second column, under the heading "Definition".
No definition of listed term indicates ordinary meaning
A term listed in the first column, under the heading "Land Use Term", which does not have ameaning set out beside that term in the second column, under the heading "Definition", has itsordinary meaning.
Terms which specifically include other listed terms
A term listed in the first column, under the heading "Land Use Term", which has other termslisted beside it in the third column, under the heading "Includes", includes any term so listed inthe third column and any term included within that term in the third column, but does not in-clude any other term listed in the first column.
A term listed in the first column which has other terms listed beside it in the third column mayalso include other terms which are not listed in the first column.
All terms listed in the third column are also listed in the first column.
Terms which do not specifically include other listed terms
If a term listed in the first column, under the heading "Land Use Term", does not have any termlisted beside it in the third column, under the heading "Includes", that term does not include anyterm listed in the first column.
However, a term listed in the first column which does not have any term listed beside it in thethird column may include other terms which are not listed in the first column.
Terms which are included within other listed terms
A term listed in the first column, under the heading "Land Use Term", which has a term listedbeside it in the fourth column, under the heading "Included in", is included within the term solisted in the fourth column and any term which includes that term in the fourth column.
All terms listed in the fourth column are also listed in the first column.
Terms which are not included within other listed terms
If a term listed in the first column, under the heading "Land Use Term", does not have a termlisted beside it in the fourth column, under the heading "Included in", that term is not includedwithin any other term listed in the first column.
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DEFINITIONS – CLAUSE 74 PAGE 2 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Abattoir Land used to slaughter ani-mals, including birds. It mayinclude the processing of ani-mal products.
Rural industry
Accommodation Land used to accommodatepersons.
Camping and
caravan park
Corrective
institution
Dependent person's
unit
Dwelling
Group accommoda-
tion
Host farm
Residential building
Residential village
Retirement village
Adult sex book-
shop
Land used to sell or hiresexually explicit material,including:
a) publications classified asrestricted under the Classi-fication (Publications, Filmsand Computer Games)(Enforcement) Act 1995;and
b) materials and devices(other than contraceptivesand medical treatments)used in conjunction withsexual behaviour.
Shop
Agriculture Land used to:
a) propagate, cultivate or har-vest plants, including cere-als, flowers, fruit, seeds,trees, turf, and vegetables;
b) keep, breed, board, or trainanimals, including live-stock, and birds; or
c) propagate, cultivate, rear,or harvest living resourcesof the sea or inland waters.
Animal husbandry
Aquaculture
Crop raising
Airport Transport
terminal
DEFINITIONS – CLAUSE 74 PAGE 3 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Amusement
parlour
A building that contains:
a) three or more coin, card, ortoken operated amusementmachines;
b) one or more coin, card, ortoken operated amusementmachines with more thanone screen or console thatcan be played by three ormore people simultane-ously; or
c) two or more coin, card, ortoken operated billiard,snooker, or pool tables.
It does not include coin, card,or token operated children'srides, amusement machines ifthere is the ability to receive amonetary reward, or premisesused for a Hotel or Tavern.
Place of assembly
Animal boarding Land used to board domesticpets, such as boarding ken-nels and a cattery.
Animal keeping
Animal husbandry Land used to keep, breed,board, or train animals, includ-ing birds.
Animal keeping
Animal training
Apiculture
Extensive animal
husbandry
Horse stablesIntensive animal
husbandry
Agriculture
Animal keeping Land used to:
a) breed or board domesticpets; or
b) keep, breed, or board rac-ing dogs.
Animal boarding
Dog breedingRacing dog keeping
Animal husbandry
Animal training Land used to train animals. Horse riding schoolRacing dog training
Animal husbandry
Apiculture Land used to keep honeybeehives and to extract honey orother bee hive products.
Animal husbandry
Aquaculture Land used to keep or breedaquatic animals, or cultivateor propagate aquatic plants.
Agriculture
Art and craft
centre
Land used to manufacture,display, and sell, works of artor craft, such as handicrafts,paintings, and sculptures.
DEFINITIONS – CLAUSE 74 PAGE 4 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Art gallery Land used to display works ofart, including ceramics, furni-ture, glass, paintings, sculp-tures, and textiles.
Exhibition centre
Backpackers' lodge Residential build-
ing
Bank Office
Beauty salon Shop
Bed and breakfast A dwelling used, by a residentof the dwelling, to provideaccommodation for personsaway from their normal placeof residence.
Dwelling
Betting agency Land used for gambling bywagering, and where there isthe ability to receive a mone-tary reward.
Gambling
premises
Boarding house Residential build-
ing
Boat and caravan
storage
Land used to store boats,caravans, or vehicle-towedboat trailers.
Store
Boat launching
facility
Land used to launch boatsinto the water and to retrieveboats from the water.
Boat rampSlipway
Pleasure boat
facility
Boat ramp Boat launching
facility
Bottle shop Land used to sell packagedliquor for consumption off thepremises.
Shop
Broiler farm Land used to keep broilerchickens which are housedpermanently in sheds andreared for meat production.
Intensive animal
husbandry
Brothel Land made available for pros-titution by a person carryingon the business of providingprostitution services at thebusiness’s premises.
Business college Education centre
Bus terminal Transport
terminal
Cabaret Nightclub
Camping and
caravan park
Land used to allow accom-modation in caravans, cabins,tents, or the like.
Accommodation
DEFINITIONS – CLAUSE 74 PAGE 5 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Caretaker's house A dwelling on the same siteas a building, operation, orplant, and occupied by a su-pervisor of that building, op-eration, or plant.
Dwelling
Carnival Land, other than an Exhibitioncentre or trade fair, used for atemporary fair or amusementswhich provide entertainmentsuch as side shows, merry-go-rounds, and stalls forgames or snacks.
Place of assembly
Car park Land used to park motor vehi-cles.
Car sales Motor vehicle,
boat, or
caravan sales
Car wash Service industry
Cattle feedlot Land used to keep and fattencattle which are restrained bypens or enclosures and inten-sively fed.
Intensive animal
husbandry
Cemetery Land used to dispose of hu-man remains by burial. It mayinclude funeral chapels or thelike.
Child care centre Land used to care for five ormore children who are notpermanently resident on theland.
Kindergarten
Cinema Land used to provide screenbased entertainment or infor-mation to the public.
Place of assembly
Cinema based
entertainment
facility
Land used to provide screenbased entertainment or infor-mation to the public, in asso-ciation with the provision ofmeals or sporting, amuse-ment, entertainment, leisureor retail facilities.
Circus Land used, by performers, toprovide entertainment such asacrobatic feats, tricks of skill,and exhibiting animals.
Place of assembly
Commercial
display area
Land used only to displaygoods.
Warehouse
Communitymarket
Market
DEFINITIONS – CLAUSE 74 PAGE 6 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Conference centre Function centre
Convenience
restaurant
Land used to prepare and sellfood and drink for immediateconsumption, where substan-tial provision is made for con-sumption both on and off thepremises.
Food and drink
premises
Convenience
shop
A building with a leasablefloor area of no more than 240square metres, used to sellfood, drinks, and other con-venience goods. It may alsobe used to hire conveniencegoods.
Shop
Corrective
institution
Land used to hold and reformpersons committed to it by thecourts, such as a prison, re-mand centre, and other typeof detention facility.
Accommodation
Crematorium Land used to cremate humanremains. It may include fu-neral chapels or the like.
Crop raising Land used to propagate, culti-vate or harvest plants, includ-ing cereals, flowers, fruit,seeds, trees, turf, and vege-tables.
Horticulture
Rice growingTimber production
Agriculture
Dancing school Indoor recreation
facility
Department store Shop
Dependent
person's unit
A movable building on thesame lot as an existing dwell-ing and used to provide ac-commodation for a persondependent on a resident ofthe existing dwelling.
Accommodation
Display home A building constructed as adwelling, but used for display,to encourage people to buy orconstruct similar dwellings.
Dog breeding Animal keeping
Drive-in theatre Place of assembly
Dry cleaner Service industry
Dwelling A building used as a self-contained residence whichmust include:
a) a kitchen sink;b) food preparation facilities;
Bed and breakfast
Caretaker's house
Accommodation
DEFINITIONS – CLAUSE 74 PAGE 7 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
c) a bath or shower; andd) a closet pan and wash ba-
sin.
It includes out-buildings andworks normal to a dwelling.
Education centre Land used for education. Business collegeEmployment training
centrePrimary schoolSecondary schoolTertiary institution
Electoral office An office used for electioneer-ing by a candidate in a local,State, or Federal Governmentelection.
Office
Emergency
services facility
Land used to provide facilitiesfor emergency services, suchas fire prevention and ambu-lance services. It may includeadministrative, operational orstorage facilities associatedwith the provision of emer-gency services.
Employment train-ing centre
Education centre
Equestriansupplies
Restricted retail
premises
Exhibition centre Land used to display works ofart, artefacts, or historical,cultural, or other like works orartefacts.
Art gallery
Museum
Place of assembly
Extensive animal
husbandry
Land used to keep or breedfarm animals, including birds,at an intensity where the ani-mals' main food source isobtained by grazing, brows-ing, or foraging on plantsgrown on the land. It includes:
a) emergency and supple-mentary feeding; and
b) the incidental penning andhousing of animals, includ-ing birds, for brooding,weaning, dipping, or otherhusbandry purposes.
Animal husbandry
Extractive
industry
Land used for the extractionor removal of stone from landfor commercial use, or to usethe stone for building, con-struction, road or manufactur-
Mineral, stone, or
soil
extraction
DEFINITIONS – CLAUSE 74 PAGE 8 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
ing works. It includes thetreatment of stone or themanufacture of bricks, tiles,pottery, or cement productson, or adjacent to, the landfrom which the stone is ex-tracted.
Food and drink
premises
Land used to prepare and sellfood and drink for immediateconsumption on, or off, thepremises.
Convenience
restaurant
Hotel
Restaurant
Take away food
premises
Tavern
Retail premises
Freeway service
centre
Land which has direct accessto a freeway and is used toprovide essential services andfacilities which encouragedrivers to stop and take aneffective break in the interestsof driver safety.
Freezing and coolstorage
Store
Fuel depot Land used to store, sell, anddistribute fuel.
Liquid fuel depot
Solid fuel depot
Warehouse
Function centre Land used, by arrangement,to cater for private functions,and in which food and drinkmay be served. It may includeentertainment and dancing.
Conference centreReception centre
Place of assembly
Funeral parlour Land used to organise andconduct funerals, memorialservices, or the like. It in-cludes the storage and prepa-ration of bodies for burial orcremation.
Gambling
premises
Land used for gambling bygaming or wagering, andwhere there is the ability toreceive a monetary reward.
Betting agency
Gaming premises
Retail premises
Gaming premises Land used for gambling bygaming, and where there isthe ability to receive a mone-tary reward.
Gambling
premises
Garden supplies Land used to sell and distrib-ute garden supplies such assand, soil, railway sleepers,screenings, rock, and the like.
Landscape
gardening
supplies
Geothermal en-ergy extraction
Land used for the purpose ofextracting geothermal energyor geothermal energy re-
Mineral, stone,soil or geo-
DEFINITIONS – CLAUSE 74 PAGE 9 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
sources for the purpose ofcapturing the heat energyfrom the resources in accor-dance with the GeothermalEnergy Resources Act 2005.It includes any activity inci-dental to this purpose includ-ing the construction andoperation of pumps and pipeswithin the area in which thegeothermal energy or geo-thermal energy resources arebeing extracted.
thermal energyextraction
Golf course Outdoor
recreation
facility
Golf driving range Outdoor
recreation
facility
Group accommo-
dation
Land, in one ownership, con-taining a number of dwellingsused to accommodate per-sons away from their normalplace of residence.
Accommodation
Hairdresser Shop
Hall Place of assembly
Heliport Transport
terminal
Home occupation An occupation carried on in adwelling, or on the landaround a dwelling, by a resi-dent of the dwelling. It mayinclude a use defined else-where, but not a Brothel.
Horse riding school Animal training
Horse stables Animal husbandry
Horticulture Land used to propagate, culti-vate, or harvest flowers, fruit,vegetables, vines, or the like.
Market garden Crop raising
Hospital Land used to provide healthservices (including preventa-tive care, diagnosis, medicaland surgical treatment, andcounselling) to persons admit-ted as in-patients. It may in-clude the care or treatment ofout-patients.
Hostel Residential build-
ing
Host farm A farm used to provide ac- Accommodation
DEFINITIONS – CLAUSE 74 PAGE 10 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
commodation for persons,away from their normal placeof residence, to experiencefarm living.
Hotel Land used to sell liquor forconsumption on and off thepremises. It may include ac-commodation, food for con-sumption on the premises,entertainment, dancing,amusement machines, andgambling.
Food and drink
premises
Indoor recreation
facility
A building used for indoorleisure, recreation, or sport.
Dancing school Minor sports and
recreation
facility
Industry Land used for any of the fol-lowing operations:
a) any process of manufac-ture;
b) dismantling or breaking upof any article;
c) treating waste materials;d) winning clay, gravel, rock,
sand, soil, stone, or othermaterials (other than Min-eral, stone, or soil extrac-tion);
e) laundering, repairing, ser-vicing or washing any arti-cle, machinery, or vehicle,other than on-site work ona building, works, or land;or
f) any process of testing oranalysis.
If on the same land as any ofthese operations, it also in-cludes:
a) storing goods used in theoperation or resulting fromit;
b) providing amenities forpeople engaged in the op-eration;
c) selling by wholesale, goodsresulting from the opera-tion; and
d) accounting or administra-tion in connection with theoperation.
If Materials recycling, goodsresulting from the operation
Materials recycling
Refuse disposal
Refuse transfer
station
Research and de-
velopment centre
Rural industry
Service industry
DEFINITIONS – CLAUSE 74 PAGE 11 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
may be sold by retail.
Informal outdoor
recreation
Land open to the public andused by non-paying personsfor leisure or recreation, suchas a cycle track, picnic or bar-becue area, playground, andwalking or jogging track.
Minor sports and
recreation
facility
Intensive animal
husbandry
Land used to keep or breedfarm animals, including birds,by importing most food fromoutside the enclosures. Itdoes not include:
a) an abattoir or sale yard;
b) emergency and supple-mentary feeding if inciden-tal to the use of land forextensive animal hus-bandry; or
c) the penning and housing ofanimals, including birds, forbrooding, weaning, dippingor other husbandry pur-poses if incidental to theuse of land for extensiveanimal husbandry.
Broiler farm
Cattle feedlotAnimal husbandry
Jetty Marina
Kindergarten Child care centre
Landscape
gardening
supplies
Land used to propagate,grow, and sell plants, or selland distribute garden sup-plies.
Garden supplies
Plant nursery
Retail premises
Laundromat Service industry
Leisure and
recreation
Land used for leisure, recrea-tion, or sport.
Major sports and
recreation facility
Minor sports and
recreation facility
Motor racing track
Library Place of assembly
Lighting shop Restricted retail
premises
Liquid fuel depot Land used to store, sell bywholesale, and distribute fuel.
Fuel depot
Mail centre Land used to sort mail fordistribution.
Warehouse
Major sports and
recreation
facility
Land used for leisure, recrea-tion or sport, and where thereis substantial provision madefor spectators, such as a
Race course Leisure and rec-
reation
DEFINITIONS – CLAUSE 74 PAGE 12 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
grandstand, and to whichspectators are usuallycharged admission.
Manufacturing
sales
Land used, as an incidentalpart of an industry, to retailgoods made materially differ-ent on the land by that indus-try.
Retail premises
Marina Land used to moor boats, orstore boats above or adjacentto the water. It may includeboat recovery facilities, andfacilities to repair, fuel, andmaintain boats and boat ac-cessories.
JettyMooring polePierPontoon
Pleasure boat
facility
Market Land used to sell goods, in-cluding foodstuffs, from stalls.
Community marketTrash and treasure
market
Retail premises
Market garden Horticulture
Materials
recycling
Land used to collect, disman-tle, store, recycle, or sell,used or scrap materials.
Industry
Medical centre Land used to provide healthservices (including preventa-tive care, diagnosis, medicaland surgical treatment, andcounselling) to out-patientsonly.
Office
Milk depot Land used to receive milk andmilk products for distributionto consumers, but where milkis not processed or pasteur-ised.
Warehouse
Mineral
exploration
Land used for the explorationof minerals. It includes:a) conducting geological,
geophysical, and geo-chemical surveys;
b) drilling;c) collecting samples for
analysis;d) the non-commercial extrac-
tion of minerals; ande) anything (other than Min-
ing) that is specified in anexploration licence.
Mineral, stone,
soil, or geo-
thermal energy
extraction
Mineral, stone, or
soil extraction
Land used for the searching,removal, or processing ofminerals, stone, or soil, fromthe ground.
Extractive industry
Mineral exploration
Mining
Search for stone
DEFINITIONS – CLAUSE 74 PAGE 13 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Mining Land used commercially toextract minerals from the land.It includes processing andtreating ore.
Mineral, stone,
soil, or geo-
thermal energy
extraction
Minor sports and
recreation
facility
Land used for leisure, recrea-tion, or sport, without substan-tial provision for spectators,and which is usually open tonon-paying spectators.
Indoor recreation
facility
Informal outdoor
recreation
Open sports ground
Outdoor recreation
facility
Restricted recrea-
tion facility
Leisure and
recreation
Minor utility
installation
Land used for a utility installa-tion comprising any of thefollowing:
a) sewerage or water mains;b) storm or flood water drains
or retarding basins;d) gas mains providing gas
directly to consumers;e) power lines designed to
operate at less than220,000 volts;
f) a sewage treatment plant,and any associated dis-posal works, required toserve a neighbourhood;
g) a pumping station requiredto serve a neighbourhood;or
h) an electrical sub-stationdesigned to operate at nomore than 66,000 volts.
Water retarding ba-
sin
Utility installation
Mooring pole Marina
Motel Land used to provide accom-modation in serviced roomsfor persons away from theirnormal place of residence,and where provision is madefor parking guests' vehiclesconvenient to the rooms.
Residential hotel
Motor racing track Land used to race, rally,scramble, or test, vehicles,including go-karts, motorboats, and motorcycles, andincludes other competitivemotor sports.
Leisure and
recreation
Motor repairs Land used to repair or servicemotor vehicles, and includesthe fitting of accessories.
Panel beating Service industry
DEFINITIONS – CLAUSE 74 PAGE 14 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Motor vehicle,
boat, or
caravan sales
Land used to sell or hire mo-tor vehicles, boats, or cara-vans. It may include the minorrepair or servicing of motorvehicles, boats, or caravans,and the sale or fitting of ac-cessories.
Car sales Retail premises
Museum Land used to display archaeo-logical, biological, cultural,geographical, geological, his-torical, scientific, or other likeworks or artefacts.
Exhibition centre
Natural systems Land in substantially its natu-ral state which is used tomaintain ecological systems,or to preserve an area of his-toric, scientific, aesthetic, orcultural significance.
Nightclub A building used to provideentertainment and dancing. Itmay include the provision offood and drink for consump-tion on the premises. It doesnot include the sale of pack-aged liquor, or gaming.
Cabaret Place of assembly
Nurses' home Residential build-
ing
Nursing home Residential aged
care facility
Office Land used for administration,or clerical, technical, profes-sional or other like businessactivity. No goods or materialsintended for manufacture,sale, or hire may be stored onthe land. Other than electoraloffice and medical centre, itdoes not include any otherdefined use.
BankElectoral office
Medical centre
Real estate agencyTravel agency
Open sports
ground
Land used for sport, but whichis available for informal out-door leisure or recreationwhen not being used or pre-pared for an organised game.It may include lights, changerooms, pavilions, and shel-ters.
Minor sports and
recreation
facility
Outdoor recrea-
tion facility
Land used for outdoor leisure,recreation, or sport.
Golf courseGolf driving rangePaintball games facil-
ity
Minor sports and
recreation
facility
DEFINITIONS – CLAUSE 74 PAGE 15 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Pleasure parkZoo
Paintball gamesfacility
Outdoor
recreation
facility
Panel beating Land used to repair or replacedamaged motor vehicle bod-ies and panels, and carry outany associated mechanicalwork or spray painting.
Motor repairs
Party supplies Restricted retail
premises
Pier Marina
Place of assembly Land where people congre-gate for religious or culturalactivities, entertainment, ormeetings.
Amusement parlour
Carnival
Cinema
Circus
Drive-in theatreExhibition centre
Function centre
HallLibraryNightclub
Place of worship
Restricted place of
assembly
Place of worship Land used for religious activi-ties, such as a church, chapel,mosque, synagogue, andtemple.
Place of assembly
Plant nursery Land used to propagate,grow, and sell plants. It mayinclude the sale of gardeningequipment and horticulturalproducts.
Landscape
gardening
supplies
Pleasure boat
facility
Land used to provide facilitiesfor boats operated primarilyfor pleasure or recreation,including boats operatedcommercially for pleasure orrecreation.
Boat launching facil-
ity
Marina
Pleasure park Outdoor
recreation
facility
Pontoon Marina
Postal agency Retail premises
Primary produce
sales
Land used to sell unproc-essed primary produce, grownon the land or adjacent land.
Retail premises
DEFINITIONS – CLAUSE 74 PAGE 16 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Primary school Education centre
Race course Major sports and
recreation
facility
Racing dog keep-ing
Animal keeping
Racing dog training Animal training
Railway station Land used to assemble anddistribute goods and passen-gers and includes facilities topark and manoeuvre vehicles.It may include the selling offood, drinks and other con-venience goods and services.
Transport
terminal
Real estate agency Office
Reception centre Function centre
Refuse disposal Land used to dispose of re-fuse, by landfill, incineration,or other means.
Industry
Refuse transfer
station
Land used to collect, tempo-rarily store, and process re-fuse, or used or scrapmaterials, for disposal or useelsewhere.
Industry
Renewable energy
facility
Land used to generate energyusing resources that can berapidly replaced by an ongo-ing natural process. Renew-able energy resources includethe sun, wind, the ocean, wa-ter flows, organic matter andthe earth’s heat.
It includes any building orother structure or thing usedin or in connection with thegeneration of energy by arenewable resource.
It does not include a renew-able energy facility principallyused to supply energy for anexisting use of the land.
Wind energy facility
Research and
development
centre
Land used to develop elec-tronic technology, biotechnol-ogy, or any other scientificdiscipline. It may include ad-ministration, promotion, con-ference, display, laboratory,assembly, and manufacturingareas.
Industry
DEFINITIONS – CLAUSE 74 PAGE 17 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Research centre Land used only for scientificresearch.
Reservoir Utility installation
Residential aged
care facility
Land used to provide accom-modation and personal ornursing care for the aged. Itmay include recreational,health or laundry facilities andservices for residents of thefacility.
Nursing home Residential build-
ing
Residential build-
ing
Land used to accommodatepersons, but does not includecamping and caravan park,corrective institution, depend-ent person's unit, dwelling,group accommodation, hostfarm, residential village orretirement village.
Backpackers' lodgeBoarding houseHostelNurses' homeResidential aged
care facility
Residential collegeResidential hotel
Accommodation
Residentialcollege
Residential build-
ing
Residential hotel Land used to provide accom-modation in serviced roomsfor persons away from theirnormal place of residence. If ithas at least 20 bedrooms, itmay include the sale of liquorfor consumption on, or off, thepremises, function or confer-ence rooms, entertainment,dancing, amusement ma-chines, and gambling.
Motel Residential build-
ing
Residential village Land, in one ownership, con-taining a number of dwellings,used to provide permanentaccommodation and whichincludes communal, recrea-tion, or medical facilities forresidents of the village.
Accommodation
Restaurant Land used to prepare and sellfood and drink, for consump-tion on the premises. It mayinclude:
a) entertainment and dancing;and
b) the supply of liquor otherthan in association with theserving of meals, providedthat tables and chairs areset out for at least 75% ofpatrons present on thepremises at any one time.
Food and drink
premises
DEFINITIONS – CLAUSE 74 PAGE 18 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
It does not include the sale ofpackaged liquor.
Restricted place
of assembly
Land used by members of aclub or group, or by members'guests, for religious or culturalactivities, entertainment, ormeetings. It may include foodand drink for consumption onthe premises, and gaming.
Place of assembly
Restricted recrea-
tion facility
Land used by members of aclub or group, members'guests, or by the public onpayment of a fee, for leisure,recreation, or sport, such as abowling or tennis club, gym-nasium and fitness centre. Itmay include food and drink forconsumption on the premises,and gaming.
Minor sports and
recreation
facility
Restricted retail
premises
Land used to sell or hire:
a) automotive parts and ac-cessories;
b) camping equipment;c) electric light fittings;d) equestrian supplies;e) floor and window cover-
ings;f) furniture, bedding, furnish-
ings, fabric and manches-ter;
g) household appliances,household electrical goodsand home entertainmentgoods;
h) party supplies;i) swimming pools; orj) office equipment and sup-
plies.
Equestrian suppliesLighting shopParty supplies
Shop
Retail premises Land used to:
a) sell goods by retail, or byretail and wholesale;
b) sell services; orc) hire goods.
Food and drink
premises
Gambling premises
Landscape garden-
ing supplies
Manufacturing sales
Market
Motor vehicle, boat,
or caravan sales
Postal agencyPrimary produce
sales
Shop
Trade supplies
DEFINITIONS – CLAUSE 74 PAGE 19 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Retirement village Land used to provide perma-nent accommodation for re-tired people or the aged andmay include communal rec-reational or medical facilitiesfor residents of the village.
Accommodation
Rice growing Crop raising
Road freight termi-nal
Transport
terminal
Rural industry Land used to:
a) handle, treat, process, orpack agricultural produce;or
b) service or repair plant, orequipment, used in agricul-ture.
Abattoir
Sawmill
Industry
Rural store Land used to store unproc-essed agricultural produce, orproducts used in agriculture.
Store
Saleyard Land used to hold, sell, andbuy farm animals.
Sawmill Land used to handle, cut, andprocess timber from logs.
Rural industry
Search for stone The searching for stone, in-cluding:
a) conducting geological,geophysical, and geo-chemical surveys;
b) costeaning and bulk sam-pling;
c) drilling; andd) taking samples for chemi-
cal, physical, or other test-ing.
Mineral, stone,
soil, or geo-
thermal energy
extraction
Secondary school Education centre
Service industry Land used to launder, repair,service or wash articles, ma-chinery, or vehicles.
Car washDry cleanerLaundromatMotor repairs
Industry
Service station Land used to sell motor vehi-cle fuel from bowsers, andlubricants. It may include the:
a) selling of motor vehicleaccessories or parts;
b) selling of food, drinks andother convenience goods;
c) hiring of trailers;d) servicing or washing of
DEFINITIONS – CLAUSE 74 PAGE 20 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
motor vehicles; ande) installing of motor vehicle
accessories or parts.
Shipping con-
tainer storage
Land used to store shippingcontainers. It may include thecleaning, repair, servicing,painting or fumigation of theshipping containers.
Store
Shop Land used to sell goods orservices, or to hire goods. Itincludes the selling of bread,pastries, cakes or other prod-ucts baked on the premises.It does not include food anddrink premises, gamblingpremises, landscape garden-ing supplies, manufacturingsales, market, motor vehicle,boat, or caravan sales, postalagency, primary producesales, or trade supplies.
Adult sex bookshop
Beauty salonBottle shop
Convenience shop
Department storeHairdresserRestricted retail
premises
Supermarket
Retail premises
Slipway Boat launching
facility
Solid fuel depot Land used to sell solid fuel,such as briquettes, coal, andfire wood.
Fuel depot
Store Land used to store goods,machinery, or vehicles.
Boat and caravan
storage
Freezing and coolstorage
Rural store
Shipping container
storage
Vehicle store
Warehouse
Supermarket Shop
Take away food
premises
Land used to prepare and sellfood and drink for immediateconsumption off the premises.
Food and drink
premises
Tavern Land used to sell liquor forconsumption on the premises.It may include accommoda-tion, food for consumption onthe premises, entertainment,dancing, amusement ma-chines, and gambling.
Food and drink
premises
Telecommunica-
tions facility
Land used to accommodateany part of the infrastructureof a Telecommunicationsnetwork. It includes any tele-communications line, equip-ment, apparatus,
Utility installation
DEFINITIONS – CLAUSE 74 PAGE 21 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
telecommunications tower,mast, antenna, tunnel, duct,hole, pit, pole, or other struc-ture or thing used, or for usein or in connection with aTelecommunications network.
Tertiary institution Education centre
Timber production Land used to propagate, culti-vate, manage and harvesttimber.
Crop raising
Timber yard Land used to sell sawn,dressed, and treated timber,wood fibre boards, and thelike. It includes cutting thetimber and boards to order,and selling hardware, paints,tools, and materials used inconjunction with the use andtreatment of timber.
Trade supplies
Trade supplies Land used to sell by both re-tail and wholesale, or to hire,materials, tools, equipment,machinery or other goods foruse in:
a) automotive repairs andservicing;
b) building;c) commerce;d) industry;e) landscape gardening;f) the medical profession;g) primary production; orh) local government, govern-
ment departments or publicinstitutions.
Timber yard Retail premises
Tramway Land used to provide a sys-tem of transport in vehiclesconnected to a network oftracks, and includes tramstops, shunting areas andassociated passenger facili-ties.
Transport terminal Land used to assemble anddistribute goods or passen-gers. It includes facilities topark and manoeuvre vehicles.It does not include a Tram-way.
AirportBus terminalHeliportRailway stationRoad freight terminalWharf
Trash and treasuremarket
Market
Travel agency Office
DEFINITIONS – CLAUSE 74 PAGE 22 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Utility installation Land used:
a) for telecommunications;b) to transmit or distribute
gas, oil, or power;c) to collect, treat, transmit,
store, or distribute water; ord) to collect, treat, or dispose
of storm or flood water,sewage, or sullage.
Minor utility installa-
tion
Reservoir
Telecommunica-
tions facility
Vehicle store Land used to park or storevehicles in connection with agoods or passenger transportbusiness.
Store
Veterinary centre Land used to:
a) diagnose animal diseasesor disorders;
b) surgically or medically treatanimals; or
c) prevent animal diseases ordisorders.
It may include keeping theanimals on the premises fortreatment.
Warehouse Land used to store or displaygoods. It may include the dis-tribution and the wholesaleselling of the goods.
Commercial display
area
Fuel depot
Mail centre
Milk depot
Store
Water retarding
basin
Land used to store storm orflood water on a temporarybasis.
Minor utility
installation
Wharf Land used to provide facilitiesfor ships, such as bulk andcontainer ships, passengerships, and defence force ma-rine craft.
Transport
terminal
Wind energy
facility
Land used to generate elec-tricity by wind force. It in-cludes any turbine, building orother structure or thing usedin or in connection with thegeneration of electricity bywind force. It can include ananemometer.
It does not include turbinesprincipally used to supplyelectricity for domestic or ruraluse of the land.
Winery Land used to display, and sell
DEFINITIONS – CLAUSE 74 PAGE 23 OF 23
LAND USE TERM DEFINITION INCLUDES INCLUDED IN
by retail, vineyard products, inassociation with the growingof grape vines and the manu-facture of the vineyard prod-ucts. It may include thepreparation and sale of foodand drink for consumption onthe premises.
Zoo Outdoor
recreation
facility
DEFINITIONS - CLAUSE 75 PAGE 1 OF 15
75 NESTING DIAGRAMS
The information in the table to Clause 74 is set out in the following diagrams as a means ofindicating the nesting of land use terms.
Land use terms that are not nested are listed separately. If there is any inconsistency between thetable and the diagrams or list, the table to Clause 74 prevails.
21/09/2009VC60
DEFINITIONS - CLAUSE 75 PAGE 2 OF 15
75.01 ACCOMMODATION GROUP
Camping and
caravan park
Corrective
institution
Dependent
person's unit
Bed and
breakfast
Dwelling
Caretaker's
house
Group
accommodation
Accommodation
Host farm Backpackers'lodge
Boardinghouse
Hostel
Residential
building
Nurses' home
Residentialvillage
Residential
aged care
facility
Nursing home
Retirement
village
Residentialcollege
Residential
hotel
Motel
15/12/2008VC50
DEFINITIONS - CLAUSE 75 PAGE 3 OF 15
75.02 AGRICULTURE GROUP
Animal
boarding
Animal
keeping
Dog breeding
Racing dogkeeping
Animal
training
Horse ridingschool
Animal
husbandry
Apiculture Racing dogtraining
Agriculture Extensive
animal
husbandry
Horse stables
Intensive
animal
husbandry
Broiler farm
Aquaculture Cattle feedlot
Horticulture Market garden
Crop raising
Rice growing
Timber
production
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 4 OF 15
75.03 CHILD CARE CENTRE GROUP
Child care
centre
Kindergarten
75.04 EDUCATION CENTRE GROUP
Businesscollege
Employmenttraining centre
Education
centre
Primary school
Secondaryschool
Tertiaryinstitution
09/10/2006VC42
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 5 OF 15
75.05 INDUSTRY GROUP
Materials
recycling
Refuse
disposal
Refuse
transfer
station
Industry Research and
development
centre
Abattoir
Rural industry
Sawmill
Car wash
Dry cleaner
Service
industry
Laundromat
Motor repairs Panel beating
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 6 OF 15
75.06 LEISURE AND RECREATION GROUP
Major sports
and recreation
facility
Race course
Indoor
recreation
facility
Dancing school
Informal
outdoor
recreation
Open sports
ground
Leisure and
recreation
Minor sports
and recreation
facility
Golf course
Golf drivingrange
Outdoor
recreation
facility
Paintballgames facility
Pleasure park
Zoo
Restricted
recreation
facility
Motor racing
track
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 7 OF 15
75.07 EARTH RESOURCE EXPLORATION AND DEVELOPMENT GROUP
Extractive
industry
Mineral
exploration
Mineral,
stone, soil, or
geothermal
energy
extraction Mining
Search for
stone
Geothermal
energy
extraction
75.08 OFFICE GROUP
Bank
Electoral
office
Office Medical centre
Real estateagency
Travel agency
09/10/2006VC42
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 8 OF 15
75.09 PLACE OF ASSEMBLY GROUP
Amusement
parlour
Carnival
Cinema
Circus
Drive-in theatre Art gallery
Place of
assembly
Exhibition
centre
Museum
Function
centre
Conferencecentre
Hall Receptioncentre
Library
Nightclub Cabaret
Place of
worship
Restricted
place of
assembly
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 9 OF 15
75.10 PLEASURE BOAT FACILITY GROUP
Boat ramp
Boat
launching
facility
Slipway
Pleasure boat
facility
Jetty
Mooring pole
Marina
Pier
Pontoon
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 10 OF 15
75.11 RETAIL PREMISES GROUP
Convenience restaurant
Hotel
Food and drink premises
Restaurant
Take away food premises
Tavern
Betting agency
Gambling premises
Gaming premises
Garden supplies
Retail
premises
Landscape gardening
supplies
Plant nursery
Manufacturing sales
Community market
Market
Trash and treasure market
Motor vehicle, boat, or
caravan sales
Car sales
Postal agency
Primary produce sales
Shop See separate diagram for
the sub-group of Shop
Trade supplies Timber yard
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 11 OF 15
75.12 RETAIL PREMISES GROUP (SUB-GROUP OF SHOP)
Adult sex
bookshop
Beauty salon
Bottle shop
Convenience
shop
Departmentstore
Retail
premises
Shop
Hairdresser
Equestriansupplies
Restricted
retail
premises
Lighting shop
Party supplies
Supermarket
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 12 OF 15
75.13 TRANSPORT TERMINAL GROUP
Airport
Bus terminal
Heliport
Transport
terminal
Railway
station
Road freightterminal
Wharf
75.14 UTILITY INSTALLATION GROUP
Minor utility installation Water retarding basin
Utility
installation
Reservoir
Telecommunicationsfacility
09/10/2006VC42
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 13 OF 15
75.15 WAREHOUSE GROUP
Commercial
display area
Liquid fuel
depot
Fuel depot
Solid fuel
depot
Mail centre
Warehouse Milk depot
Boat and
caravan
storage
Freezing andcool storage
Store
Rural store
Shipping
container
storage
Vehicle store
09/10/2006VC42
DEFINITIONS - CLAUSE 75 PAGE 14 OF 15
75.16 RENEWABLE ENERGY GROUP
Wind energy
facility
Renewable
energy facility
21/09/2009VC60
DEFINITIONS - CLAUSE 75 PAGE 15 OF 15
75.17 LAND USE TERMS THAT ARE NOT NESTED
Art and craft centre
Brothel
Car park
Cemetery
Cinema based entertainment facility
Crematorium
Display home
Emergency services facility
Freeway service centre
Funeral parlour
Home occupation
Hospital
Natural systems
Research centre
Saleyard
Service station
Tramway
Veterinary centre
Winery
21/09/2009VC60
IncorporatedDocuments
INCORPORATED DOCUMENTS – CLAUSE 80 PAGE 1 OF 1
80 INCORPORATED DOCUMENTS
This section sets out the documents which are incorporated in this scheme. 19/01/2006 VC37
INCORPORATED DOCUMENTS - CLAUSE 81 PAGE 1 OF 1
81 DOCUMENTS INCORPORATED IN THIS SCHEME
The documents listed in the table and in the schedule to Clause 81.01 are incorporateddocuments under section 6(2)(j) of the Planning and Environment Act 1987.
If a document is not included in the table or the schedule, it is not an incorporateddocument.
19/01/2006VC37
INCORPORATED DOCUMENTS - CLAUSE 81.01 PAGE 1 OF 2
81.01 Table of documents incorporated in this scheme
Table to Clause 81.01
NAME OF DOCUMENT
Code of Practice for Timber Production 2007
Victorian Code for Cattle Feedlots, August 1995
Guidelines for Environmental Management - Septic Tanks Code of Practice,
Publication 891, Environment Protection Authority, March 2003
Private Tennis Court Development Code of Practice – Revision 1, March 1999
Code of Practice for Fire Management on Public Land (Department of
Sustainability and Environment, Revision No. 1 2006)
Code of Practice, Piggeries, Department of Planning and Housing and Department
of Food and Agriculture, 1992
Building in bushfire-prone areas - CSIRO & Standards Australia (SAA HB36-1993),
May 1993
Local Government Planning Guide for Dry Land Salinity - Department
Conservation and Natural Resources, 1995
Construction Techniques for Sediment Pollution Control, Environment Protection
Authority May 1991
Apiary Code of Practice, May 1997
A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997
A Code of Practice for Telecommunications Facilities in Victoria, July 2004
Australian Standard AS/NZS 2890.1:2004, Parking Facilities - Off-street car
parking, Standards Australia 2004
Australian Standard AS2890.2-1989, Off-street parking Part 2: Commercial vehicle
facilities, Standards Australia 1989
Australian Standard AS2890.5-1993, Parking Facilities Part 5: On-street parking.
Standards Australia 1993
Australian Standard AS2890.3-1993, Parking Facilities Part 3: Bicycle parking
facilities, Standards Australia 1993
Pavement Design - A Guide to the Structural Design of Road Pavements,
Austroads, (AP-17/92)
Guide to Traffic Engineering Practice, Part 6 - Roundabouts, Austroads, 1993 (AP-
11.6/93)
Guide to Traffic Engineering Practice, Part 13 - Pedestrians, Austroads, 1995 (AP-
11.13/95)
Guide to Traffic Engineering Practice, Part 14 - Bicycles, Austroads 1999 (AP-
11.14/99)
Design Vehicles and Turning Path Templates, Austroads, 1995 (AP-34/95)
Australian Rainfall and Run-off - A guide to flood estimation, Volume 1, The
Institution of Engineers, Australia, Reprinted edition 2001
21/09/2009VC60
INCORPORATED DOCUMENTS - CLAUSE 81.01 PAGE 2 OF 2
NAME OF DOCUMENT
Australian/New Zealand Standard AS/NZS1158.1.1:1997, Road lighting, Part 1.1:
Vehicular traffic (Category V) lighting – Performance and installation design
requirements. Standards Australia/Standards New Zealand 1997
Australian/New Zealand Standard AS/NZS1158.3.1:1999, Road lighting, Part 3.1:
Pedestrian Area (Category P) lighting – Performance and installation design
requirements. Standards Australia/Standards New Zealand 1999
Guide to Residential Streets and Paths, Cement and Concrete Association of
Australia, 2004 (C&CCA T51-2004)
Victorian Code for Broiler Farms 2009
Policy and Planning Guidelines for Development of Wind Energy Facilities in
Victoria, 2009
Victoria’s Native Vegetation Management – A Framework for Action, August 2002
Activity Centres and Principal Public Transport Network Plan, 2003
Growth Area Framework Plans, Department of Sustainability and Environment,
September 2006
MURRINDINDI PLANNING SCHEME
INCORPORATED DOCUMENTS - CLAUSE 81.01 - SCHEDULE PAGE 1 OF 1
SCHEDULE TO CLAUSE 81.01
NAME OF DOCUMENT
Murrindindi Local Floodplain Development Plan, Precinct of Goulburn River, May 2008
24/09/2009 C22
Listof Amendments
This section lists the amendments which have been made to this scheme.
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS
Amendment
number
In operation
from
Brief description
VC7 16 AUG 1999 Makes changes to the SPPF relating to Melbourne Airport and brothels; clarifies that land identified in a schedule to the Public Park and Recreation Zone or the Public Conservation and Resource Zone may be used and developed in accordance with the schedule or the specific controls contained in an incorporated document corresponding to the land; introduces a new State Resources Overlay; amends the Airport Environs Overlay to establish the lessee of Melbourne Airport in decision guidelines and as a referral authority; extends the expiry date of major promotion signs displayed in accordance with a permit granted between 19 September 1993, and 18 September 1997; amends definitions in accordance with changes to the Prostitution Control Act 1994.
C2 26 AUG 1999 Removes several parcels of land in Nillumbik Shire from the Murrindindi Planning Scheme, and includes a parcel of land previously omitted from the Scheme, so that the Scheme boundary coincides with the municipal boundary.
VC9 25 MAY 2000 Makes changes to the Settlement and Housing policies in the State Planning Policy Framework to recognise neighbourhood character.
VC8 17 AUG 2000 Makes changes to the SPPF in relation to biodiversity; introduces an operations clause for the LPPF; amends the rural zones in relation to the construction of outbuildings; amends the residential and rural zones to accommodate the keeping of pet racing dogs; amends the flooding zones and overlays to require the incorporation of local floodplain development plans; amends subdivision and dwelling provisions in the Restructure Overlay; amends clause 52.01 to clarify its relationship with the Subdivision Act 1988; amends clause 52.03 to enable the schedule to prohibit a use or development on specific sites; makes formatting and other changes arising from panel reports and operational experience.
C4 2 NOV 2000 Implements section 48 of the Heritage Act to ensure that all places in the Victorian Heritage Register are identified in the Planning Scheme.
VC10 14 DEC 2000 Makes changes to the Table of uses in the Public Conservation and Resource Zone relating to Utility installation and makes typographical corrections.
VC11 29 MAR 2001 Introduces ability to require permits for outbuildings larger than a specified size in the Low Density Residential Zone; introduces ability to require permits for restaurants in specified areas in the Business 1 Zone; provides more flexibility in the purpose of the Specific Sites and Exclusions provisions; simplifies the operation of the Advertising Signs provisions; reorganises and clarifies the Car Parking provisions; corrects the referral provisions in Clause 61 relating to construction of building or works on land within 60 metres of a major electricity transmission line; introduces a new definition of Retirement village; and makes various formatting and typographical corrections.
VC12 24 AUG 2001 Makes changes to the SPPF, LPPF, Zones, Overlays, Particular Provisions, Definitions and list of Incorporated documents based on
LIST OF AMENDMENTS PAGE 1 OF 11
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS PAGE 2 OF 11
Amendment
number
In operation
from
Brief description
the general review of residential development provisions and the recommendations of the ResCode Advisory Committee. The changes include the introduction of schedules to four residential zones, a Neighbourhood Character Overlay, new residential development provisions in Clauses 54, 55 and 56 for dwellings and subdivision, and transitional arrangements for subdivision, medium-density housing and residential buildings. Corrects an inconsistency between Amendment S74 and the VPP in relation to public open space contributions in subdivision. Clarifies the definition of Trade supplies.
C5 Part 1 20 SEP 2001 Rezones a number of parcels of land, deletes several areas of land from the DPO and includes three sites in the HO to provide corrective amendments to the scheme following gazettal and undertake minor alterations to the scheme.
VC13 27 SEP 2001 Introduces Victorian Code for Broiler Farms as an incorporated document; amends the SPPF and the Rural Zone and introduces a new Particular provision and definition relating to broiler farm; amends the Advertising signs provisions relating to major promotion signs, business logos and street numbers; includes domestic rainwater tanks as exempt buildings and works except in the Heritage Overlay; updates references in the Environmental Audit Overlay to amended sections of the Environment Protection Act 1970, following amendments to that Act; makes corrections to the Residential 1 Zone and Business 1 Zone; and updates the User Guide.
C5, Part 2 4 OCT 2001 Rezones land at 102 High Street, Yea from Residential 1 Zone to Business 1 Zone and amends the Land Subject to Inundation Overlay boundaries at Hazeldene and Silver Creek, south of Flowerdale.
VC14 22 NOV 2001 Makes corrections to the Residential 1 Zone, Clause 54.04 and Clause 55.04.
C6 12 SEP 2002 Rezones a number of parcels of land, updates the MSS to make reference to the use of the Mixed Use Zone in the Station Street, Yea, deletes land from the Restructure and Environmental Significance Overlays and includes the former Alexandra Railway Station in the Heritage Overlay.
VC16 8 OCT 2002 Restructures Clauses 11, 12 and 13 of the State Planning Policy Framework and amends zone maps of 17 Melbourne metropolitan fringe planning schemes to introduce an Urban Growth Boundary and a legend designation for land outside the Urban Growth Boundary; introduces a renewable energy policy in Clause 15 of the SPPF; introduces a new Particular provision and Land use term for Wind energy facility; includes Wind energy facility in the Table of uses in the Public Conservation and Resource Zone; includes a temporary anemometer in the list of buildings and works not requiring a permit; makes the Minister for Planning the responsible authority in planning schemes for considering Wind energy facilities with a capacity greater than 30 megawatts; and introduces Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria, 2002 as an incorporated document in planning schemes; amends Clause 18 of the SPPF to require the design of
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS PAGE 3 OF 11
Amendment
number
In operation
from
Brief description
transport routes to provide for grade separation at railways.
VC15 31 OCT 2002 Updates reference to tourism guidelines in SPPF; clarifies the nature of “school” in the SPPF and Clause 56.07 and in conditions opposite various uses in the industrial and business zones; introduces a new Particular provision and Land use term for Shipping container storage; includes Shipping container storage in the Table of uses in the Industrial 1, Business 3 and Business 4 Zones; exempts outdoor swimming pools associated with dwellings from permit requirements in the Design and Development Overlay and Neighbourhood Character Overlay; exempts removal of native vegetation from permit requirements in the Heritage Overlay and Public Acquisition Overlay if it presents an immediate risk of injury or damage; amends Clause 52.01 to establish consistency with the Subdivision Act 1988 and to clarify the Class 1 exemption for subdivision of residential buildings; extends the expiry date in Clause 52.04-3 for transitional arrangements for residential development; amends Standard C21 in Clause 56.06-4 to facilitate the use of building envelopes on lots in new subdivisions; amends definitions of Wall height, Materials recycling and Store; and makes minor format changes.
C7 24 APR 2003 Applies the Restructure Overlay to the Torbreck Street area, ntroduces restructure plans for the Long Gully Road area, and the Torbreck Street area, introduces requirements into the Restructure Overlay schedule to apply to all restructure plans and amends Clause 21.09.
C9 29 MAY 2003 Rezones a number of parcels of land in Yea, Alexandra, Eildon, Flowerdale, Kinglake and Marysville, makes several changes to overlays in Yea, Alexandra and Kinglake, includes police buildings in Alexandra in the schedule to the Heritage Overlay, and makes changes to Clause 21.07 (Serviced Townships Strategies) and Clause 43.04 (Industrial) to reflect zoning changes and additional requirements within the overlay schedule (DPO4)
VC19 24 JUL 2003 Makes changes to the SPPF and various Overlays and Particular provisions relating to Government policies and strategies on native vegetation management, coastal planning and management, highway management and Development Contributions Plans; introduces a Particular provision for satellite dishes; makes high rise residential development in residential zones subject to car parking requirements in Clause 52.06; provides permit exemptions for direction signs to emergency facilities at hospitals and buildings and works associated with a Dependent person’s unit; clarifies that permit exemption for subdivision applies to an authority acquiring land rather than generally to an acquiring authority; amends the definition of Shop to clarify that it includes the sale of bread and other products baked on the premises; updates references to Ministers, Government departments and agencies; updates references to legislation and incorporated documents; and makes various formatting and typographical corrections.
C11 18 SEP 2003 Includes a new set of Planning Scheme Maps and amends the schedule to Clause 61.01-61.04 as a result of the new mapping sequence and index developed for the municipality
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS PAGE 4 OF 11
Amendment
number
In operation
from
Brief description
VC21 9 OCT 2003 Corrects Clause 52.05-9 to restore provisions relating to High-wall signs deleted in Amendment VC19.
VC24 11 JUN 2004 Introduces the Farming Zone and Rural Activity Zone in the VPP and amends Clause 17.05 in the SPPF, the Low Density Residential Zone and the Rural Living Zone.
VC25 1 JUL 2004 Removes reference to 4 Star energy rating in Standard B10, Clause 55.03-5 to ensure consistency between the VPP and the 5 Star energy rating in the Building Regulations.
C8 15 JUL 2004 Amends the MSS (Clause 21.10), changes the schedules to the Floodway Overlay, and the Land Subject Inundation Overlay, revises the extent of the, Floodway Overlay, Land Subject to Inundation Overlay and Wildfire Management Overlay mapping in accordance with updated information and introduces a new incorporated document for floodplain management in the precinct of the Goulburn River’.
C15 12 AUG 2004 Rezones land at Crown Allotment 40A, Parish of Kinglake (35 Pinch Gut Kinglake) from Public Conservation and Resources Zone (PCRZ) to Rural Zone (RUZ) and inserts the land into the Murrindindi Planning Scheme.
VC26 26 AUG 2004 Makes changes to the SPPF to implement recommendations of the Live Music Task Force; removes anomalies that allow dwellings to be constructed or extended on common property and existing dwellings to be internally altered and converted to multiple dwellings without permits; updates references to current transport legislation; makes corrections to the Advertising sign provisions; amends the list of incorporated documents to refer to updated documents; restructures the list of incorporated documents in Clause 81 and the Schedule to Clause 81.
VC27 9 SEP 2004 Establishes all referral and notice requirements in Clause 66 and schedules to Clause 66.
VC28 6 OCT 2004 Introduces a Particular provision, Clause 52.34, for Bicycle facilities.
VC29 4 NOV 2004 Makes a change to Clause 52.17 to clarify that the exemption from the need for a planning permit for the removal, destruction or lopping of native vegetation for farm structures does not include the establishment or operation of a central pivot irrigation system.
VC31 25 NOV 2004 Introduces a new Residential 3 Zone; introduces a new Particular provision and amends Clause 19 to require an urban context report and design response for residential development of four (4) or more storeys; includes a reference to Design Guidelines for Higher Density Housing in Clause 19; and amends the ResCode provisions at Clauses 54.03-2 and 55.03-2 to give effect to residential height provisions.
VC32 23 DEC 2004 Makes changes to Clause 15.08 of the SPPF to refer to the land use and development polices expressed in the Great Ocean Road Region – A Land Use and Transport Strategy.
C10 6 JAN 2005 Rezones various parcels of land in the municipality to make corrective changes to reflect land ownership and use; reduces the use of the Environmental Significance Overlay in townships and public use sites; removes the Erosion Management Overlay from
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS PAGE 5 OF 11
Amendment
number
In operation
from
Brief description
public land east of the Toolangi township; makes minor changes to four Clause 22 policies to reflect current strategies, requirements and department procedures; replaces the schedules to the Environmental Significance Overlay, Vegetation Protection Overlay, Erosion Management Overlay and both schedules to the Significant Landscape Overlay to reduce minor planning permit requirements and referrals, and replaces Schedule 1 to the Development Plan Overlay to introduce performance based decision guidelines for subdivision, design and development in the Residential 1 Zone.
VC33 1 SEP 2005 Removes the requirement for a Clause 54 assessment for Heritage Overlay applications in a residential zone.
VC34 22 SEP 2005 Introduces a new Clause 12 with consequential changes to other clauses in the SPPF, including Clauses 14, 15, 17, 18 & 19; includes reference to Alpine Resorts 2020 Strategy in Clause 15.13 and Activity Centre Design Guidelines and Safer Design Guidelines in Clause 19.03-3; amends subdivision requirements in Clauses 35.04, 35.05, 35.06; makes changes to provisions in Clause 35.06 and Clause 57.01 regarding Wind energy facilities; amends advertising sign controls along railway corridors in Clause 36.01-7; amends Clauses 43.05-3, 55 & 56 to refer to the Residential 3 Zone; amends Clause 44.05 to broaden the range of minor buildings and works that do not require a permit; amends Clauses 44.01, 44.02, 44.03, 44.04, 44.05, 45.01, 45.02 and 45.05 to introduce exemptions from notice and review for permit applications; Clarifies requirements for extractive industry and private tennis courts in Clauses 52.09, 52.21 and 66.05; introduces definition for Metropolitan Melbourne in Clause 72; introduces a “Tramway” definition and deletes reference to “lightrail”; introduces a new incorporated document, Activity Centres and Principal Public Transport Network Plan, 2003 in Clause 81.
VC35 15 DEC 2005 Includes a reference to the Planning Guidelines for Land Based Aquaculture in Victoria in Clause 17; makes Education centre a prohibited use in green wedge areas; includes Emergency services facility as a Section 2 use in Clauses 35.06 and 35.07; makes Business identification signs permissible for private land owners in Clause 45.07; removes the need to consider operational guidelines in Clause 52.17; amends the re-subdivision requirements in Clause 57.01-2; introduces an “Emergency services facility” definition.
VC36 22 DEC 2005 Amends Clause 62 to provide exemption from planning scheme requirements for events on public land.
VC37 19 JAN 2006 Amends the format of the Victoria Planning Provisions and all planning schemes to facilitate the ZAPP electronic amendment administration system.
VC38 16 MAR 2006 Makes changes to Clauses 15.09, 52.17, 66.02 and 72 to provide for a new approach to native vegetation management.
C14 26 JUL 2006 Implements the Rural Residential Study Murrindindi Shire, March 2004 by rezoning new areas of land around Alexandra, Yea, Eildon, Marysville, Buxton and Yarck to Low Density Residential or Rural Living, applying the Development Plan Overlay to new areas of Low Density Residential zone in Alexandra, Yea and Buxton, amending eight Clause 21 strategies to reflect new strategic
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS PAGE 6 OF 11
Amendment
number
In operation
from
Brief description
directions for rural living and low density residential zoning and development, including listing the Rural Living Development Guidelines Murrindindi Shire, March 2004 and Goulburn Broken Regional Catchment Strategy, November 2003 as reference documents to the scheme, amending Clause 22.01 for rural living and excisions, amending the Schedules to the Low Density Residential and Rural Living Zones, amending Schedule 1 to the Vegetation Protection Overlay and amending Schedule 3 to the Development Plan Overlay.
C18 27 JUL 2006 Rezones all land in the Rural Zone to the Farming Zone. The Rural Zone is deleted from Scheme. Rezones all land in the Environmental Rural Zone to the Rural Conservation Zone. The Environmental Rural Zone is deleted from the Scheme
VC40 30 AUG 2006 Makes changes to the Clauses 32.01, 32.02, 32.04, 32.05, 32.06, 34.01, 34.02, 34.03, 34.04, 34.05, 43.01, 44.02, 62, and 72 to exempt various minor works from requiring a planning permit.
VC41 1 SEP 2006 Amends the metropolitan growth areas strategies in Clause 12 of the SPPF by introducing the Growth Area Framework Plans as an incorporated document.
VC42 9 OCT 2006 Introduces the Sustainable Neighbourhoods Provisions for residential subdivision, including changes to Clauses 19, 55.03 and 56 to 56.09; Introduces new transitional arrangements for subdivision at Clause 56.10; modifies subdivision application requirements in the residential zones; applies Clause 56 provisions as subdivision application requirements to the Comprehensive Development Zone, Priority Development Zone, Incorporated Plan Overlay and Development Plan Overlay; Amend the coastal areas policies in Clause 15.08 to give effect to the land use and development strategies of the Victorian Coastal Strategy 2002; Makes changes to the VPP to provide for geothermal energy extraction in Clauses 35.06, 35.07, 35.08, 42.01, 42.02, 42.03, 44.01, 44.02, 52.08, 52.17, 62, 66, 74 and 75; Amends Clause 52.29 to introduce a decision guideline for road network safety and efficiency regarding access to adjoining properties to respond to the Road Management Act 2004; Introduces a new Particular Provision - Clause 52.36 that includes the Director of Public Transport as a referral authority; and Makes other administrative changes, updates and corrections to the VPP.
VC39 18 OCT 2006 Amends the provisions relating to gaming in clauses 19.02, 52.28 and 72 to implement Government policy and to accord with the Gambling Regulation Act 2003.
VC43 31 OCT 2006 Introduces provisions for the further protection of green wedges in Clauses 35.04, 35.05 and 35.06; and clarifies the term ‘in conjunction with’ in Clause 64. Amends SPPF Clauses 12 and 16 to introduce state-wide affordable housing policies and makes other administrative corrections to the VPP and various planning schemes.
VC44 14 NOV 2006 Introduces additional exemptions in Clause 52.17 for the removal of native vegetation near buildings used for Accommodation to manage risks to life and property from wildfire.
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS PAGE 7 OF 11
Amendment
number
In operation
from
Brief description
C13 5 APR 2007 Implements the urban design frameworks for Eildon, Marysville and Yea by rezoning various parcels of land in Marysville and Yea, applying and removing relevant overlays to land in the three towns, and amending the MSS and LPPF to reflect the new township strategies and frameworks.
VC30 14 MAY 2007 Amends Clause 18 to update reference to the Australian Noise Exposure Forecast (ANEF) and relevant reference documents and provides in Clause 66.05 for notice of permit applications to be given to the airport lessee of Melbourne airport.
C12 19 JUL 2007 Implements the Kinglake Flowerdale Integrated Strategy Plan March 2003 in the Kinglake West, Pheasant Creek and Flowerdale areas through rezoning land to Rural Living, Township and Business 1, applying the Environmental Significance Overlay 2 to the western side of Pheasant Creek Road, applying the Design and Development Overlay 1 in the Silver Creek area, applying the Development Plan Overlay 5 to land being rezoned to Rural Living in the Kinglake West and Pheasant Creek areas, amending strategic directions in Clauses 21.08 (Kinglake Strategies) and 21.09 (Other Townships Strategies), including the Kinglake Flowerdale Integrated Strategy Plan March 2003 as a reference document in Clause 21.12, amending the Schedule to the Low Density Residential Zone, amending the Schedule to the Rural Living Zone, inserting Schedule 2 (Pheasant Creek Road Buffer Area) to the Environmental Significance Overlay, inserting the Design and Development Overlay, inserting Schedule 1 (King Parrot Creek Environs) to the Design and Development Overlay, inserting new Schedule 6 (Rural Living Zone, Kinglake West and Pheasant Creek) to the Development Plan Overlay, and including new planning scheme maps for the DDO and DPO.
VC45 17 SEP 2007 Amends Clauses 12, 15, 17, 19, 35.04, 35.05, 43.01, 52.09, 52.17, 52.18, 52.32 & 57 to give effect to the operation of the Aboriginal Heritage Act 2006; amends the schedule to Clause 61.01 to refer to Division 1A of Part 4 of the Act; deletes reference to ‘local provisions page header’ in Clause 61.03; updates reference to the Development Contribution Guidelines in Clause 18.12; corrects reference to the Victorian Commission for Gambling Regulation in Clause 52.28; includes the document relating to Rail Infrastructure Projects in Clause 81.01 of the Ballarat, Greater Geelong and Wyndham planning schemes; updates reference to the amended Mineral Resources (Sustainable Development) Act 1990 in Clauses 17, 42.01, 42.02, 42.03, 44.01, 44.02, 52.08, 52.17 and 66.02; updates list of reference documents relating to soil contamination under Clause 15.06; amends the definition for Restricted retail premises in Clause 74; introduces a new purpose in the Rural Activity Zone, which provides for a specific purpose to be included in a schedule to the zone and amends the schedules in the Mansfield & Bass Coast Planning Schemes to include new purpose statements; amends Clause 52.04 (satellite dish) to include reference to the R3Z; amends Clauses 17.07, 52.18 & 81.01 to reflect the updated Timber Code; makes Veterinary centre a Section 2 use in the Farming Zone; includes new provisions for electronic billboard signage to Clause 52.05, including making VicRoads a referral authority under Clause 66.03 and a new
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS PAGE 8 OF 11
Amendment
number
In operation
from
Brief description
definition in Clause 73; extending the expiry date for major promotion signage from 18/09/07 to 18/09/08 under Clause 52.05; and makes other administrative changes, other minor updates and corrections to the VPP and planning schemes.
C20 6 DEC 2007 Rezones land south of Whittlesea – Kinglake Road and east of Cobham Road, Kinglake from Farming to Township, rezones 33 Robertson Road, Kinglake from Farming to Township, rezones Lot 1, PS 530290 and Lots 23 to 28, PS 530291 from Farming to Low Density Residential and deletes the Environmental Significance Overlay 1 (High Quality Agricultural Land) from 33 Robertson Road, Kinglake and Lot 1, PS 530290 and Lots 23 to 28, PS 530291, Kinglake
VC46 4 FEB 2008 Introduces an exemption in Clauses 42.01, 42.02, 42.03, 44.01, 44.02 and 52.17 for the removal of native vegetation to construct strategic fuelbreaks of up to 40 metres width for wildfire protection.
VC47 7 APR 2008 Translates provisions from the Melbourne Docklands Area Planning Provisions, September 2006 into Clause 37.05; and introduces new purpose statements and decision guidelines to Clause 52.27 to address cumulative impact of licensed premises.
VC48 10 JUN 2008 Introduces the Urban Growth Zone (UGZ) and accompanying schedule at 37.07 to the VPP and applies the UGZ to five planning schemes (Cardinia, Casey, Hume, Melton & Wyndham); amends reference to Precinct Structure Plans in Clauses 12 and 14 and amends Clause 66.03 to include a referral requirement in the new UGZ.
VC49 15 SEP 2008 Exempts further ‘minor matters’ from requiring a planning permit to streamline Victoria’s planning system and improve the workability of provisions; refines referral requirements for Director of Public Transport, Country Fire Authority and VicRoads; introduces new referral requirements under the UGZ for the City of Greater Geelong; Clarifies the notice provisions under the MAEO; introduces the Public Transport Guidelines for Land Use and Development as a reference document; changes the advertising sign provisions under Clause 52.05, including new decision guidelines and application requirements; provides a final extension of time to 31 December 2008 for lodgement of applications for existing Major promotion signs allowed under the continuance provision in Clause 52.05-5; changes the UGZ Part A advertising sign controls from Category 4 to Category 3; introduces new exemptions under the Clause 52.17 native vegetation provisions to improve their operation; introduces a new particular provision for native vegetation precinct plans in Clause 52.16; and makes other administrative changes, updates and corrections to the VPP.
VC50 15 DEC 2008 Introduces new provisions for residential aged care facilities in Clause 16, the residential zones and in Clauses 74 and 75; makes certain minor buildings and works associated with an Education centre exempt from the requirement for a planning permit in Clause 62.02; makes corrections and clarifications to the native vegetation provisions; specifies advertising sign requirements for situations where the PUZ4 and RDZ abut each other; introduces new dry stone wall provisions in Clause 52.37 together with decision guidelines for post boxes and dry stone walls and inserts
MURRINDINDI PLANNING SCHEME
LIST OF AMENDMENTS PAGE 9 OF 11
Amendment
number
In operation
from
Brief description
the schedule to Clause 52.37 in all planning schemes and specifies a permit requirement for dry stone walls in 12 planning schemes.
VC52 18 DEC 2008 Amends the coastal areas policies in Clause 15.08 of the SPPF to give effect to the land use and development strategies of the Victorian Coastal Strategy 2008.
VC53 23 FEB 2009 Introduces a new particular provision, Clause 52.38 - 2009 Bushfire Recovery and amends Clause 62.02-1 to include a permit exemption for buildings and works carried out by or on behalf of a municipality with an estimated cost of $1,000,000 or less.
VC54 12 MAR 2009 Amends Clause 44.06-1 of the Wildfire Management Overlay to make rebuilding a dwelling damaged or destroyed by the 2009 bushfires exempt from the requirement for a permit if it is sited in the same location on the land.
VC57 14 MAY 2009 Introduces a new particular provision, Clause 52.39 - 2009 Bushfire - replacement buildings providing a permit exemption for specified uses and buildings and works that were damaged or destroyed by bushfire in 2009. Amends the schedule to Clause 53 of the Yarra Ranges Planning Scheme to exempt buildings and works to which Clause 52.39 applies.
VC56 22 MAY 2009 Introduces a new particular provision, Clause 52.40 - Government Funded Education Facilities, providing a permit exemption for specified government funded buildings and works. Amends the Schedule to Clause 61.01 to establish the Minister for Planning as the responsible authority associated with clause 52.40. Introduces a new particular provision, Clause 52.41 - Government Funded Social Housing providing a permit exemption for specified government funded accommodation. Amends the schedule to Clause 61.01 to establish the Minister for Planning as the responsible authority associated with Clause 52.41. Corrects the general provisions, Clause 62.02-2 dot point 6, replaces the first word of the provision, ‘building’ with the word ‘furniture’.
C21 28 MAY 2009 Implements Section 48 of the Heritage Act 1995 to ensure that places in the Planning Scheme are consistently identified with places in the Victorian Heritage Register.
C24 13 AUG 2009 The amendment updates the Bayview Estate Restructure Plan in the schedule to Clause 45.05 (Restructure Overlay).
VC61 10 SEP 2009 Introduces a new particular provision, Clause 52.43 - Interim measures for bushfire protection, providing an exemption from planning scheme and planning permit requirements for the removal, destruction of lopping of vegetation for bushfire protection. Amends the schedule to Clause 53 of the Yarra Ranges Planning Scheme to exempt the removal, destruction or lopping of vegetation to which Clause 52.43 applies.
VC60 21 SEP 2009 Amends Clause 15.14 to provide an overarching renewable energy statement, Clause 74 and 75 to include a new land use term and group for renewable energy facility, Clause 35.06 (RCZ), 35.07 (FZ) and 36.03 (PCRZ) to include a renewable energy facility as a permit required use. Introduces a new particular provision Clause 52.42 – Renewable energy facility. Amends Clause 15 and 81 to
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update the Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria to the 2009 guidelines. Amends Clause 52.32 Wind Energy Facility and the reference to wind energy facilities in the schedule to Clause 61.01 to be consistent with the new guidelines. Amends the definition of anemometers in Clause 72 and Wind Energy Facility in Clause 74. Amends Clause 62.02 to make the installation of solar energy systems exempt from a permit. Amends Clause 12.05 to include a new maritime precinct policy, including two new reference documents. Amends Clause 15, 44.03 (FO) and 44.04 (LSIO) to include reference, purposes and decision guidelines regarding river health strategies and regional wetland plans. Amends Clause 16, 17 and 81.01 to include reference to the new Victorian Code for Broiler Farms 2009, amends Clause 52.31, 66.05 and 74 to reference the new code and introduce new notice requirements and update the definition for broiler farms. Amends Clause 52.17 (Native vegetation) regarding existing buildings and works in the Farming Zone and Rural Activity Zone to clarify that the extent of permit exemptions. Amends Clause 64 to allow a permit application to be made for the subdivision of land in more than one zone. Amends the permit exemptions in Clause 62.02-2 to include cat cages and other domestic animal enclosures. Amendment VC60 Introduces a number of administrative changes amending: 52.13, 56.06, 66.03, 66.02-9, 37.07, 43.04, 52.19, 34.01 to correct wording discrepancies, clarify the provisions or remove unnecessary requirements.
C22 24 SEP 2009 Implements the Yea Flood Study 1996 in the Yea township and makes minor adjustments to flooding overlays applying in other areas of Murrindindi Shire through:
- Rezoning of land in Yea to Urban Floodway and Residential 1;
- Amendment of Floodway Overlay and Land Subject to Inundation Overlay boundaries in Yea, Alexandra, Taggerty, Kerrisdale and Flowerdale;
- Revision of Clause 21.10, Natural Resource Management Strategies;
- Inclusion of the Urban Floodway Zone into the planning scheme;
- Revision of the Floodway Overlay and Land Subject to Inundation Overlay Schedules to increase exemptions from planning permits for a range of minor buildings and works;
Updating of the incorporated document Murrindindi Local Floodplain Development Plan, Precinct of Goulburn River.’
VC58 1 OCT 2009 Amends Clause 56.05-2 Residential subdivision, Public open space to include reference to the Precinct Structure Plan Guidelines and amends the objectives and standards of Clause 56.05-2. The amendment includes new and amended public open space objectives, distribution and standards, for active open space, local parks, open space links and linear parks.
VC64 23 DEC 2009 Amends Clause 52.27 – Licensed Premises to remove the requirement for a permit where the change in a liquor licence is
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solely as a result of the changes to the licence categories to be introduced on 1 January 2010.
C25 14 JAN 2010 Makes changes to Clause 21 Municipal Strategic Statement in subclauses 21.01-4, 21.02, 21.03, 21.06-2, 21.06-3, 21.06-4, 21.07-1, 21.07-2, 21.07-3. 21.07-4, 21.11 and 21.12; in Clause 22.03 Local Planning Policies - Townships, inserts new subclauses 22.03-5 and 22.03-6; amends the schedule 1 to Clause 42.02 Vegetation Protection Overlay; inserts a new schedule 2 to Clause 43.02 Design and Development Overlay (Marysville Business 1 Zone) which makes reference to a new document titled ‘Roberts Day 2009, Marysville and Triangle Urban Design Framework Report, September 2009’; amends the schedule to Clause 61.03 to insert reference to the new maps; and applies the new schedule 2 to Clause 43.02 Design and Development Overlay to planning scheme map 35.
VC65 22 JAN 2010 Amends Clause 52.43 – Interim Measures for Bushfire Protection to clarify that the permit exemptions for vegetation removal apply to existing and not proposed buildings. The amended provision further clarifies that an existing building specifically refers to an existing building constructed before the operation of Clause 52.43 (10 September 2009) or is an existing building constructed after that date, but approved by a planning permit or building permit before the operation of Clause 52.43.
C27 11 MAR 2010 Rezone Lot 1 of PS632195 (as proposed), Whittlesea- Kinglake Road, Kinglake Central from Farming Zone to Public Use Zone – Public Use Zone (PUZ7- other public use) to enable the development of the Middle Kinglake Education and Community Precinct site; and Lot 1 PS634485 (as proposed), corner Kinglake – Healesville and Heidelberg-Kinglake Roads, Kinglake from Farming Zone to Public Use Zone (PUZ7-other public use) to enable the development of the Kinglake Ranges Rebuilding Advisory Centre.
C26 15 APR 2010 Changes the Schedule to Clause 61.01 to make the Minister for Planning the responsible authority for land at 4 Murchison Street, Marysville.