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Planning and Environment Act 1987 - City of Ballarat

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					                         Planning and Environment Act 1987

                         BALLARAT PLANNING SCHEME

                                 AMENDMENT C119

                             EXPLANATORY REPORT


Who is the planning authority?

This amendment has been prepared by the Ballarat City Council, which is the planning
authority for this amendment.

The amendment has been made at the request of Coughlan Civil Pty Ltd on behalf of Sandra
Hoare and MA Novak.

Land affected by the amendment.

The amendment applies to land at 193 Swinglers Road, Invermay being Lot 1 on Title Plan
606987F, Parish of Ballarat and Lot 1 on Plan of Subdivision 61809. The subject site is
shown below:




      N
What the amendment does.

The amendment changes the Ballarat Planning scheme by rezoning the land from Special
Use Zone 5 – Private Education Establishment (SUZ5) to Rural Living Zone (RLZ).

The amendment includes 193 Swinglers Road, Invermay within Map 1 to the Rural Living
Zone Schedule 1, thereby applying the minimum 2ha lot size to this site.

A Planning permit application has been submitted for combined consideration of the
amendment and permit process under Division 5 of the Act. The planning application seeks
approval to use the existing building as a single dwelling and associated buildings and works.
Approval is sought in accordance with the proposed Rural Living Zone and existing
Environmental Significance Overlay (Schedule 1 Invermay Land Protection Area) which
currently applies to the subject site.

Strategic assessment of the amendment

   Why is the amendment required?

The amendment is required to facilitate use of the land for residential purposes. As a
consequence of the current zoning, the site is prohibited from being used and developed for
private residential purposes (accommodation). The amendment therefore rezones the land to
Rural Living Zone to allow the land to be used for residential purposes. (Accommodation /
Single dwelling).

The amendment applies the minimum 2 ha lot size consistent with the Rural Living zoned
land in Invermay.

   How does the amendment implement the objectives of planning in Victoria?

The Amendment will implement the objectives of planning in Victoria under Section 4 of the
Planning and Environment Act 1987 by ensuring that an appropriate development outcome is
delivered having regard to the site’s existing constraints. Specifically, the Act requires
planning schemes and planning decisions to provide for the fair and orderly use and
development of land. This amendment implements this objective by applying the most
appropriate zoning provision.

   How does the amendment address the environmental effects and any relevant social
    and economic effects?

The Amendment is expected to have positive environmental, economic and social effects.
Percolation tests have been undertaken on the land which indicates that the site is capable of
treating all effluent generated on site by a single dwelling.
   Does the amendment comply with the requirements of any Minister’s Direction
    applicable to the amendment?

The amendment is affected by Ministerial Direction No. 6 Rural Residential Development.
The proposal meets the requirements of the direction as follows:

    -   Is consistent with the housing needs and settlement strategy of the area.

        There is no endorsed settlement strategy for the area. However, the City of Ballarat
        has identified a need for rural living housing in Invermay as demonstrated by the
        application of the Rural Living Zone in the area. This proposal is consistent with the
        identified housing needs in Invermay.

    -   Is supported by and supports sustainable and viable settlements and
        communities.

        The proposed rezoning is located within an existing and viable settlement or
        community at Invermay and meets this requirement.

    -   Does not compromise the sustainable future use of existing natural resources,
        including productive agricultural land, water, mineral and energy resources.

        The amendment and permit will allow the use of the existing building, small building
        extensions and associated work to provide for suitable effluent disposal system. As
        such this proposal does not compromise the suitable future use of existing natural
        resources, including productive agricultural land, water, mineral and energy resources.

    -   Protects existing visual and environmental qualities of the area, such as
        landscape, water quality, native vegetation, habitat and biodiversity.

        The amendment and permit will allow the use of the existing building, small building
        extensions and associated work to provide for suitable effluent disposal system. As
        such this proposal does not impede on the existing visual and environmental qualities
        of the area, such as landscape, water quality, native vegetation, habitat and biodiversity.

    -   Avoids predictable adverse environmental processes and effects, such as flooding,
        erosion, landslip, salinity or wildfire.

        The amendment and permit will allow the use of the existing building, small building
        extensions and associated work to provide for suitable effluent disposal system. As
        such this proposal does not adversely affect environmental processes and effects, such
        as flooding, erosion, landslip, salinity or wildfire

    -   Can efficiently be serviced by social and physical infrastructure, at an acceptable
        and sustainable community cost.

        There should be no increased burden on the social and physical infrastructure as the
        land associated with the amendment and permit is already serviced.
The site can meet the requirements of the Code of Practice – Septic Tanks in that effluent
could be treated on site.

Pursuant to section 7(5) of the Planning and Environment Act 1987, the amendment is
consistent with the Ministerial Direction on the Form and Content of Planning Schemes.

   How does the amendment support or implement the State Planning Policy
    Framework?
The amendment is supported by the State Planning Policy Framework having particular
regard to rural residential development at Clause 16 Housing. The amendment is consistent
with the following policy:
Clause 16.02-1 Rural residential development; where the site comprises an existing
development that;
- Is located close to existing towns and urban centres, but not in an area that will be
   required for fully serviced urban development;
- Can be supplied with electricity, water and good quality road access.
- Is capable of treating effluent on site associated with a residential use
- Will not impinge upon agricultural land or adversely impact on waterways or other natural
   resources.
- The amendment will not result in adverse economic, social and environmental impact as it
   is located adjacent the Rural Living Zone where investment in physical and community
   infrastructure and services has already been made.

   How does the amendment support or implement the Local Planning Policy
    Framework?
The amendment supports the Local Planning Policy Framework in Clause 21.02 Key issues
in the recognition of the existing rural residential allotment and existing development by the
application of the Rural Living Zone. The land generally surrounding the site is zoned Rural
Living.
The Local Planning Policy Framework (Clauses 21.03 and 21.04) within the Ballarat
Planning Scheme seeks to encourage rural residential development in the Invermay area. It
also seeks to ensure that lots within the rural residential area are capable of meeting on site
effluent disposal requirements.
The proposal meets these objectives being located in the rural residential area of Invermay
and the site is capable of treating effluent on site.
   Does the amendment make proper use of the Victoria Planning Provisions?
The application of a Rural Living Zone is the appropriate mechanism to assist in facilitating
the development of the site for residential purposes.
   How does the amendment address the views of any relevant agency?
The amendment does not trigger an agency referral.
   Is the amendment likely to have a significant impact on the transport system, as
    defined by section 3 of the Transport Integration Act 2010?
The amendment does not have a significant impact on the transport system, as defined by
section 3 of the Transport Integration Act 2010.
   Are there any applicable statements of policy principles prepared under section 22
    of the Transport Integration Act 2010?
There are no applicable statements of policy principles in the Transport Integration Act 2010
that apply to the amendment.
   What impact will the new planning provisions have on the resource and
    administrative costs of the responsible authority?
It is not anticipated that the amendment will have any adverse impact on the resources and
administrative costs of the responsible authority having regard to the size of the subject site
and the control contained in the proposed Rural Living Zone.

Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at the
following places:

Ballarat City Council
Municipal Offices
25 Armstrong Street South BALLARAT VIC 3350

and at the City of Ballarat website www.ballarat.vic.gov.au

The amendment can also be inspected free of charge at the Department of Planning and
Community Development web site at www.dpcd.vic.gov.au/planning/publicinspection.

				
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