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Dwelling permit figures for the month of December remain robust

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Dwelling permit figures for the month of December remain robust Powered By Docstoc
					                    MOORABOOL SHIRE COUNCIL

                          ORDINARY MEETING
Notice is hereby given of the Ordinary Meeting of Council to be held at the Ballan
Council Chamber on Wednesday 23 January 2002, commencing at 7.00 p.m.


                                  AGENDA

A.     OPENING OF MEETING AND PRAYER
B.     PRESENT
C.     APOLOGIES
D.     CONFIRMATION OF MINUTES
E.     MAYOR’S REPORT
F.     CHIEF EXECUTIVE OFFICER’S REPORT
G.     DELEGATES’ REPORTS
H.     COMMITTEE REPORTS
I.     OFFICERS’ REPORTS
J.     NOTICE OF MOTION
K.     URGENT BUSINESS
L.     CONFIDENTIAL MATTERS
M.     CLOSURE OF MEETING




Andrew Park
Chief Executive Officer
Agenda - Moorabool Shire Council Ordinary Meeting                                           23 January 2002




                                                 INDEX

A. OPENING OF MEETING AND PRAYER.................................. 4

B. PRESENT .................................................................................. 4

C. APOLOGIES ............................................................................. 4

D. CONFIRMATION OF MINUTES .............................................. 4

E. MAYOR’S REPORT.................................................................. 5

F. DELEGATES’ REPORTS.......................................................... 6

G. CHIEF EXECUTIVE OFFICER’S REPORT.............................. 7

H. COMMITTEE MINUTES AND REPORTS ................................ 8
     H1 Committee Meetings for 2002...................................................................... 8

I.     OFFICERS’ REPORTS.............................................................. 9

PLANNING MATTERS ................................................................... 9
     I 1. APPLICATION NO: 2001-359 – Dwelling ................................................... 9

     I 2. APPLICATION NO: 2001-360 – Dwelling ................................................. 21

     I 3. APPLICATION NO: 2001-361 – Dwelling ................................................. 33

     I 4 Section 173 Agreements............................................................................ 45

     I 5. Planning Statistics – Records from 01/12/2001 to 31/12/2001 ....................... 46

OTHER MATTERS ....................................................................... 51
     I 6. Gordon Train Station Petition .................................................................... 51

     I 7. Document for Sealing ............................................................................... 52

     I 8. Rural and Regional Groups for the Election of MAV Board Representatives .. 53

     I 9. Delegation of Authority – Planning and Subdivision .................................... 54

     I 10.   Delegation of Authority – Environmental Health...................................... 55


OM 23-01-02                                       OM 01/02                                                   2
Agenda - Moorabool Shire Council Ordinary Meeting                                             23 January 2002



   I 11.    Delegation – Municipal Building Surveyor .............................................. 56

   I 12.    Environmental Review Committee – Tech-Sol Resources, Mt.Egerton ....... 57

   I 13.    Late Agenda Items ................................................................................ 59

   I 14.    Unnamed Road Between CA15 and 16, Section 3 Township of Barrys Reef60

FOR INFORMATION.................................................................... 61
   I 15. Council Election 2002 ........................................................................... 61

   I 16.    Building Statistics ................................................................................. 65

J. NOTICE OF MOTION ............................................................ 68

K. URGENT BUSINESS ............................................................... 68

L. CONFIDENTIAL MATTERS .................................................. 69
   L1. Confidential Item...................................................................................... 70

   L2 Confidential Item...................................................................................... 71

   L3 Confidential Item...................................................................................... 72

   L4 Confidential Item...................................................................................... 73

   L6 Confidential Item...................................................................................... 75

   L7. Confidential Item...................................................................................... 76

   L8 Confidential Item...................................................................................... 77

   L9. Confidential Item...................................................................................... 78

M. CLOSURE OF MEETING ....................................................... 79




OM 23-01-02                                      OM 01/02                                                      3
Agenda - Moorabool Shire Council Ordinary Meeting                     23 January 2002



A.      OPENING OF MEETING AND PRAYER


B.      PRESENT


C.      APOLOGIES


D.      CONFIRMATION OF MINUTES
        That Council:

        •   Confirm the Minutes of the Special Meeting of Council held on Tuesday 15
            January 2002.




OM 23-01-02                                OM 01/02                                4
Agenda - Moorabool Shire Council Ordinary Meeting      23 January 2002



E.      MAYOR’S REPORT
        To be presented at the meeting by the Mayor.




OM 23-01-02                                OM 01/02                 5
Agenda - Moorabool Shire Council Ordinary Meeting        23 January 2002



F.      DELEGATES’ REPORTS

        To be presented at the meeting by Councillors.




OM 23-01-02                                OM 01/02                   6
Agenda - Moorabool Shire Council Ordinary Meeting     23 January 2002



G.      CHIEF EXECUTIVE OFFICER’S REPORT
        No report for January 2001.




OM 23-01-02                                OM 01/02                7
Agenda - Moorabool Shire Council Ordinary Meeting                        23 January 2002



H.      COMMITTEE MINUTES AND REPORTS

H1      Committee Meetings for 2002

        Committee meetings for January 2002 were not held as per the resolution in
        December’s Corporate Governance Advisory Committee meeting. It was
        further resolved that the Corporate Governance and Social Development
        meeting would be held on the 13th February and Infrastructure and Economic
        Development and Environment and Planning Policy Committees be held on the
        20th February, 2002.

        After discussion with the Mayor it is suggested that as these are the final policy
        committee meetings for the current 3 year term of the Council that they should
        be brief ‘wrap up’ sessions of say one hour duration with no new business.

        It is therefore proposed that the four Committee meetings be held on the 20th
        February, 2002 at the following times:

        3.00-4.00 p.m.           Corporate Governance Advisory Committee

        4.00-5.00 p.m.           Social Development Policy Committee

        5.00-6.00 p.m.           Infrastructure and Economic Development Policy
                                 Committee

        6.30-7.30 p.m.           Environment and Planning Policy Committee

                 Recommendation:

                That the above schedule of Committee meetings for February 2002 be
                adopted.




OM 23-01-02                                OM 01/02                                   8
Agenda - Moorabool Shire Council Ordinary Meeting                           23 January 2002



I.      OFFICERS’ REPORTS

PLANNING MATTERS

I 1.    APPLICATION NO:                2001-359 – Dwelling

        APPLICATION DATE: 8/10/2001

        APPLICANT:                     O. Widdison

        SITE ADDRESS:                  CA 14 Section B, Parish of Bungal, Powerline Cut
                                       Off Road, Mt Egerton

        ZONE:                          Rural Zone

        OVERLAYS:                      Environmental Significance Overlay Schedule 1 –
                                       Proclaimed Water Catchment Areas
                                       Design and Development Overlay Schedule 2 –
                                       Visual amenity and building design

        LOT SIZE:                      6.88 hectares

        PROPOSAL:

        Three applications for dwellings on contiguous Rural zoned allotments have
        been received and are being individually assessed. This application relates to
        Crown Allotment 14, Section B, Powerline Cutoff Road, Mt Egerton.

        The proposal is for the erection of a dwelling on a lot with an area of 6.88
        hectares. The site plan submitted shows the dwelling located towards the west
        of the property, 25 metres from Powerline Cut Off Road. The house is proposed
        to be 40 metres from the nearest side boundary.

        An indicative house design has been submitted with the application. The
        dwelling is proposed to be comprised of three bedrooms, living, family/dining,
        kitchen with laundry and bathroom. Insufficient information has been provided
        regarding building materials.

        The application highlights that the three properties which are the subject of these
        applications are owned by three brothers who purchased the properties and are
        now looking to sell them as rural residential properties and thus require planning
        permits.

        The link between the proposed development and rural land use is not and cannot
        be stated in this application as the application report details that the sole purpose
        of applying for this application is to sell the land with a planning permit for a
        dwelling.




OM 23-01-02                                OM 01/02                                      9
Agenda - Moorabool Shire Council Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                 23 January 2002



                                As stated each of the applications are being considered separately and this report
                                relates to Crown Allotment 14.

                                SITE DESCRIPTION:

                                Crown Allotment 14 is located to the south west of Mt Egerton township, within
                                the Rural Zone. The two other lots which are subject to similar applications and
                                are owned by the brothers of this applicant and are located to the north and east
                                of the subject property.

                                The site has a gentle slope to the southeast. The site is generally cleared with
                                tree planting having recently been undertaken along the boundary of the site.

                                The property is currently used for agriculture namely sheep grazing. The area to
                                the west of the subject site is also zoned rural and is used for agriculture. Several
                                other houses are visible from this site but most of these are located within the
                                Rural Living Zone further north. The surrounding area is characterised by lots
                                similar in size to the subject property most of which are used for agriculture and
                                are not developed with dwellings.

                                The following map shows the surrounding area, lot boundaries and roads.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

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                                                                                                                                                                              32
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                                                                                                                                                                                                                                                                                                                                                  176650                             176650




                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                        159,400
                                                                                                                                                                                                             51
                                                                                                                                                                                                                                                18
                                                                                                                                                                                                                                                                                                                                     176,600
                                                                                                                         249,250
                                                                                                                                                                  DALTON
                                                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                                              176,600
                                                                                                                                                                                                                                                                                                                                               1177


                                                               249,350                                                                                                                                        LANE249,100                                                                                                  176,550



                                                                                                                                                                                                                                                                                                                                
                                                                                                    249,300                                                                                                                                                                                                                     1171
                                                                                                                                                                                                                                                                    249,000
                                                                                                                                                                                            249,150                                                                                                   248,950                                                                                                                                                                                                 12

                                                                                                                              2                  249,200
230330                                                                                                                                                                                                                                                                                                    
                                                                                                                                                                                                                                                                                                           1169



                                                                                                                                                                                                                                                                                                                                      
                                                                       45D                                                                                                                                                                                                        249,000



                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                               249,050
                                                                                                                                                                                                                                                                                               1165

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                                                                                                                                                                                                                                                                                                                                        1172



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                                                                                                                                                                                                                                                                                                                                     250,150




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                                                                                                                                                                                                                                   1151


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                                                                                                                                                                                               RDZ2                                            1152
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                                                 91E                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  172,600   25A
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                                                                                                                                                                                                                                                                                            23                                                                                                                                                                                                                                                                                     172,550




OM 23-01-02                                                                                                                                     OM 01/02                                                                                                                                                                                                                                                                                                                                                                                                 10
Agenda - Moorabool Shire Council Ordinary Meeting                           23 January 2002




        LEGISLATIVE FRAMEWORK:

        Under Section 60 (b) (ii) of the Planning and Environment Act 1987, the
        responsible authority may consider any strategic plan, policy statement, code or
        guideline, which has been adopted by a Minister, government department, public
        authority or municipal council.

        PLANNING SCHEME PROVISIONS:

        State Planning Policy Framework:

        Clause 13 – details the Principles of Land Use and Development Planning which
        planning schemes aim to use as a basis for decisions. The management of
        resources is included in the principles which state that planning is to assist in the
        wise use of resources including land and to support sustainable development
        over the long term through judicious decisions on the location, pattern and
        timing of development.

        Clause 15.01 – Environment - details state policies on the protection of
        catchments, waterways and groundwater. This policy states that responsible
        authorities should coordinate activities with catchment managers and should
        consider the impacts of development on catchment areas.         Planning and
        responsible authorities should ensure that land use activities potentially
        discharging contaminated runoff or wastes to waterways are sited and managed
        to minimise such discharges and to protect the quality of surface water and
        ground water resources, rivers, streams, wetlands, estuaries and marine
        environments.

        Clause 17.05 – Agriculture – aims to ensure that the State’s agricultural base is
        protected from the unplanned loss of high quality productive agricultural land
        due to permanent changes of land use and to enable protection of productive
        farmland which is of high quality and strategic significance in the local or
        regional context.

        In considering a proposal to develop agricultural land, the following factors
        must be considered:
                § The desirability and impacts of removing the land
                    from primary production, given its agricultural
                    quality and productivity.
                § The impacts of the proposed subdivision or
                    development on the continuation of primary
                    production on adjacent land, with particular
                    regard to land values and to the viability of
                    infrastructure for such production.
                § The compatibility between the proposed or likely
                    development and the existing uses of the
                    surrounding land.
                § Assessment of the land capability.



OM 23-01-02                                OM 01/02                                     11
Agenda - Moorabool Shire Council Ordinary Meeting                          23 January 2002



        Local Planning Policy Framework:

        The Municipal Strategic Statement (MSS) provides several statements regarding
        the rural community and the traditionally strong element of agricultural land use
        throughout the shire. It identifies the protection of productive agricultural land
        as a key issue. The MSS recognises that fragmentation can occur where
        residential development takes place in rural areas with no link to the rural
        activities of the area and the new residents start demanding that rural activities
        such as spraying or the use of noisy machinery are modified. Further, essential
        services and infrastructure are often lacking in these areas and can therefore be
        inappropriate for development.

        The MSS also identifies that rural living type development has been historically
        strong throughout the Shire and remains significant. This type of development
        is to be focussed in rural living zones in particular on the fringe of Bacchus
        Marsh, Ballan and Gordon where there is good access to services and where
        negative impacts on the productivity of land and environmental values can be
        prevented.

        Clause 21.08 – Protection of the environment and landscape recognises the
        environmental values within Moorabool Shire. This policy states that
        development in rural areas must not cause significant detriment to the rural
        environment or landscape. This policy focuses on the protection of water
        catchments, flora/fauna habitats and corridors, significant landscapes and
        waterways. This policy specifically recognises that extensive areas of the shire
        are located within Proclaimed Water Catchment Areas and that the use and
        management of land within catchments is critical for the protection of water
        quality. The policy also recognises that the retention of vegetation along
        watercourses is important for the protection of their environmental qualities.

        Clause 21.09 considers it essential that the long-term agricultural viability of the
        Shire’s rural areas is not compromised. Rural residential development needs to
        occur in a planned and orderly manner and should be located in rural living
        zones at the fringe of existing townships and needs to be controlled in order to
        avoid conversion of quality agricultural land to non productive land uses.
        Fragmentation of rural land is already recognised as having significantly
        undermined the productive value of some rural areas.

        Clause 22.07 – Houses and House Lot Excisions in Rural Areas aims to ensure
        that new housing development in rural areas will not compromise agricultural
        activity on adjoining lots. This policy specifically considers issues such as the
        proposed dwelling’s relationship to farming activities, whether the dwelling is
        reasonably required for the operation of a rural activity that may be conducted
        on the land and the need to discourage non-agricultural use and development in
        rural areas.

        The policy also refers to prohibiting the erection of dwellings on land less than
        40 hectares in size as a possible condition for permits.




OM 23-01-02                                OM 01/02                                    12
Agenda - Moorabool Shire Council Ordinary Meeting                               23 January 2002



        Under the policy applications for dwellings or house lot excisions on land within
        the Rural Zone will be assessed according to the following criteria:
                 § The planning history of the site;
                 § Surrounding land uses;
                 § The existing levels of infrastructure;
                 § The agricultural quality of the land;
                 § Any environmental constraints;
                 § The need to discourage non agricultural use and
                    development in all rural areas;
                 § The need to avoid a cluster of dwellings that are
                    not directly related to the agricultural use of land;
                 § The rights of existing farms to continue their
                    operations and not be adversely effected or
                    constrained by residential concerns;
                 § The extent to which the amenity of the residents of
                    the dwelling may be adversely affected by
                    agricultural practices on surrounding land;
                 § The extent to which the proposal promotes or
                    supports the continued agricultural use of the
                    land; and,
                 § The need to promote farm consolidation.

        Clause 22.06 – Proclaimed Catchments in Rural Areas aims to provide for
        appropriate development while protecting the quality and quantity of water
        produced within proclaimed water catchments.

        Zone:
        The purpose of the Rural Zone is to provide for the sustainable use of land for
        extensive animal husbandry and crop raising, and to encourage the creation and
        protection of an effective rural land resource and rural infrastructure, and the
        promotion of economic development compatible with rural activities.

        Subject to Clause 35.01-3 a planning permit is required for the erection of a
        dwelling in the Rural Zone on land less than 40 hectares in area. The subject
        site is only 6.88 hectares in area.

        The following decision guidelines from the zone are relevant to the application:

                  §   The State Planning Policy Framework and the
                      Local Planning Policy Framework, including the
                      Municipal Strategic Statement and local planning
                      policies.
                  §   Any Catchment and Land Protection Strategy and
                      policies applying to the land.
                  §   The capability of the land to accommodate the
                      proposed use or development, addressing site
                      quality attributes including soil type, soil fertility,
                      soil structure, soil permeability, aspect, contour
                      and drainage patterns.



OM 23-01-02                                OM 01/02                                         13
Agenda - Moorabool Shire Council Ordinary Meeting                            23 January 2002



                  §   How the use or development relates to rural land
                      use, rural diversification and natural resource
                      management.
                  §   Whether the dwelling is reasonably required for
                      the operation of the rural activity conducted on
                      the land.
                  §   Whether the site is suitable for the use or
                      development and the compatibility of the proposal
                      with adjoining and nearby farming and other land
                      uses.
                  §   The farm size and the productive capacity of the
                      site to sustain the rural enterprise and whether the
                      use or development will have an adverse impact
                      on surrounding land uses.
                  §   An assessment of the likely environmental impact
                      on the natural physical features and resources of
                      the area and in particular any impact caused by
                      the proposal on soil and water quality and by the
                      emission of noise, dust and odours.
                  §   The design, colours and materials to be used and
                      the siting, including the provision of development
                      and effluent envelopes for any building or works.
                  §   The impact of the use or development on the
                      existing and surrounding rural uses.
                  §   The location of any building or works with respect
                      to the natural environment, major roads, vistas
                      and water features and the measures to be
                      undertaken to minimise any adverse impacts.

        Other relevant provisions:

        The site is located in a potable water supply catchment and therefore the
        Minister’s Interim guidelines for potable water supply catchments is relevant to
        the application. The relevant sections of these guidelines include:

                  Guideline 1: Density of dwellings
                  Where a planning permit is required to use land for a
                  dwelling…the density of dwellings should be no greater
                  than one dwelling per 40 hectares (1:40 ha)

                  Guideline 2: Effluent disposal and septic tank system
                  maintenance
                  All dwellings must be connected to a reticulated sewerage
                  system if available. In the absence of a reticulated
                  sewerage system, an approved on-site treatment system
                  must be installed in accordance with the Code of Practice
                  – Septic Tanks, On-site Domestic Wastewater
                  Management,
                  Environment Protection Authority, March 1996.



OM 23-01-02                                OM 01/02                                      14
Agenda - Moorabool Shire Council Ordinary Meeting                             23 January 2002



                     Septic tank systems must be maintained correctly, to
                     the satisfaction of the council and will be subject to
                     regular inspections undertaken by the council.
                     Maintenance should include inspecting the septic
                     tank annually, and desludging the tank at least every
                     three years.

                  To ensure a measure of protection of water quality, the
                  Code of Practice specifies that subsoil septic tank systems
                  (including the effluent disposal areas) should be located at
                  least:
                     § 60 metres from any surface waters;
                     § 100 metres from any surface waters within a special
                         water supply catchment area declared under the
                         Catchment and Land Protection Act 1994;
                     § 200 metres upslope from a domestic supply channel;
                         and
                     § 300 metres from a domestic water supply reservoir.

                  Guideline 4: Buildings and works
                  Appropriate measures should be used to restrict sediment
                  discharges from construction sites in accordance with
                  Construction Techniques for Sediment Pollution Control,
                  Environment Protection Authority, 1991 and
                  Environmental Guidelines for Major Construction Sites,
                  Environment Protection Authority, 1995.

        These guidelines provide assistance both in setting a target dwelling density (40
        hectares) and in the drafting of conditions for a permit if it is issued.

        Proposed Amendment:

        Council at its meeting on 24 October 2001 resolved to prepare and exhibit
        amendment C15 to the Moorabool Planning Scheme. This amendment seeks to
        revise the Rural House and House Lot Excision Policy in Clause 22 of the
        Scheme. The revision aims to provide greater flexibility in the assessment of
        applications for dwellings in the rural zone. The revision basically divides
        applications into three types depending on how the lot subject to the application
        was created, ie whether the lot; (a) existed prior to the operation of planning
        schemes, (b) was created under an old format planning scheme, or (c) was
        created under the Moorabool Planning Scheme.

        Amendment C15 is still being formulated in conjunction with the planning
        consultant and will be exhibited in the near future.

        The subject lot is an historic lot and its existence pre-dates the operation of a
        planning scheme in the subject area. In relation to such lots the proposed
        relevant wording change is:




OM 23-01-02                                OM 01/02                                       15
Agenda - Moorabool Shire Council Ordinary Meeting                        23 January 2002



        “There is no presumption to grant a planning permit for a dwelling on a lot of
        less than 40 ha created prior to the operation of planning schemes.”

        OVERLAYS:

        Design and Development Overlay - Schedule 2 - Visual Amenity and Building
        Design

        This overlay aims to enhance the visual amenity of rural areas and encourage the
        use of non-reflective external cladding on buildings. This overlay states that a
        permit is required for the construction of a building with reflective materials.
        The subject proposal does not include the use of reflective materials.

        Environmental Significance Overlay - Schedule 1 – Proclaimed Water
        Catchment

        The subject property is located within a Proclaimed Water Catchment Area. The
        objectives of this overlay are to protect the quality and quantity of water
        produced within proclaimed water catchments and to provide for appropriate
        development within these areas. This overlay states that the comments of the
        relevant water board must be considered when deciding upon an application to
        develop land that is located within a proclaimed water catchment.

        The applicants submitted a geo-technical report relating to effluent disposal as a
        requirement of this overlay.

        PUBLIC NOTICE:

        Pursuant to Section 52 of the Planning and Environment Act 1987, notice of the
        application was given by mail to adjoining and adjacent property owners and
        occupiers. One request for further information was met, and no objections have
        been received.

        REFERRALS:

        Pursuant to Section 55 of the Planning and Environment Act 1987, the
        application was referred to the following authorities

                 Authority                          Response
                 Barwon Water                       No Objection, 10 conditions
                 Central Highlands Water            N/A This authority is not a Section 55
                                                    Authority.

        The lengthy response from Barwon Water and the detailed conditions they
        imposed reflect the concern over the development of dwellings within the
        Moorabool River Special Water Supply Catchment Area. The conditions
        specified by the water authority relate to the protection of water quality within
        the catchment area and place a number of requirements on effluent disposal.




OM 23-01-02                                OM 01/02                                  16
Agenda - Moorabool Shire Council Ordinary Meeting                         23 January 2002



        The application was referred to Central Highlands Water under Section 55 of the
        planning and Environment Act 1987. Central Highlands Water responded stating
        that the subject property was outside their catchment area and thus they were not
        in fact to be considered a Section 55 Referral Authority.

        However pursuant to Section 57(1) of the Planning and Environment Act 1987,
        an objection has been received from Central Highlands Region Water Authority.
        Their response has five grounds for objection. These relate to
        § the inconsistency of these proposals with the objectives of the rural zone,
        § the threat of further fragmentation of rural land in the area,
        § the conflict with the State Planning Policy Framework requiring planning
            authorities to ensure land use and development proposals minimise nutrient
            contributions to waterways and water bodies,
        § the conflict with the Municipal Strategic Statement which identifies
            agriculture as a major contributor to the Shire’s economy. This proposal
            would lead to the fragmentation of rural land and the use of rural land for
            non-rural uses
        § the proposal’s inconsistency with the Interim Guidelines for Planning Permit
            Applications in Open, Potable Water Supply Catchment Areas issued by the
            Department of Infrastructure.

        DISCUSSION:

        The proposed development can best be described as a residential development
        without associated agricultural use of the land. Rural land is intended to be used
        for agriculture and only dwellings reasonably required for the operation of the
        rural activity conducted on the land should be approved in rural zoned areas. The
        written report accompanying this application does not provide justification for
        the proposed dwelling in relation to the agricultural use of the land nor does it
        include an explanation of how the proposal promotes the purpose of the zone or
        how it responds to the decision guidelines for this zone. Indeed the applicants
        would be unable to provide such justification as they have stated that they intend
        to sell these properties “and the three permits are required to satisfy prospective
        purchasers that they can build a dwelling on each lot”.

        The subject properties are currently used for the grazing of sheep, this use occurs
        without the need for a dwelling on the subject property.

        One of the decision guidelines of the rural zone is whether a house is reasonably
        required for the rural activity conducted on the land. Given the size of the lot it
        is not considered that a house is reasonably required to continue the use of the
        land for grazing, as this has occurred for some time in the past without the
        presence of a dwelling.

        It is considered that the approval of this application will set a precedent for
        future development on surrounding lots. Given that a vast majority of lots in the
        surrounding area are undeveloped, it is considered that setting such a precedent
        would lead to further development in the area in the near future. Such
        development would undoubtedly lead to a loss in productive agricultural land in
        an area which has a strong rural character.


OM 23-01-02                                OM 01/02                                   17
Agenda - Moorabool Shire Council Ordinary Meeting                           23 January 2002




        Council has the opportunity in this case to prevent residential development on
        viable agricultural land that is not reasonably required in order to continue
        farming of the land.

        The State Planning Policy Framework requires that in considering a proposal to
        develop agricultural land the impact of the proposed development on the
        continuation of primary production on adjacent land, with particular regard to
        land values and to the viability of infrastructure for such production must be
        considered. The approval of this application is likely to create an expectation or
        precedent that other owners of rural lots will be able to obtain permits for
        houses. This would result in increases in property values of rural zoned lots and
        make it more difficult for existing productive farms to continue in a viable form
        in the future. It would also make the prospect of obtaining planning approval for
        houses and then selling individual titles more attractive to farmers.

        The proposal being considered is likely to, if approved, effectively result in the
        rural residential use of land in a rural area.

        The proposal does not adequately address the application requirements of
        Schedule 1 of the Environmental Significance Overlay. The proposal does not
        demonstrate that the proposal can meet the objectives of the overlay in respect to
        protecting quality of water produced and provision of appropriate development
        within proclaimed water catchments.         The report prepared by Provincial
        Geotechnical Pty Ltd for the applicants, classified the subject property as “very
        poor” for the management of waste effluent. Hence the proposed development
        also conflicts with the State Planning Policy Framework, requiring that Planning
        and Responsible Authorities should ensure land use and development proposals
        minimise nutrient contributions to waterways and water bodies.

        The subject property is located within a Proclaimed Water Catchment Area and
        interim guidelines to assist authorities with decision making relating to planning
        permit applications have been prepared by the Minister for Planning and Local
        Government. The proposal is inconsistent with these Interim Guidelines for
        Planning Permit Applications in Open, Potable Water Supply Catchment Areas
        issued by the Department of Infrastructure. These guidelines recommend a
        dwelling density of only one house per 40 hectares unless a land capability study
        assessment shows a lesser density is appropriate. Given the geotechnical
        classification of the area as “very poor” for effluent disposal, it is suggested that
        the density of dwellings in this area should be only one house per 40 hectares
        throughout the catchment area.

        The subject site does not meet the minimum site area required by these
        guidelines. A precedent could be established by approving the development of
        this dwelling. This would undermine Council’s position and be contradictory to
        its policies and result in further pressure on Council to approve the inappropriate
        development of non-agriculture related dwellings in rural areas and in open,
        potable water catchment areas.




OM 23-01-02                                OM 01/02                                     18
Agenda - Moorabool Shire Council Ordinary Meeting                        23 January 2002



        COMMENT:

        The proposal does not comply with the relevant objectives of the State Planning
        Policy Framework, Local Planning Policy Framework or the Rural Zone of the
        Moorabool Planning Scheme, nor does it comply with Council’s policy on
        houses in rural areas. The proposal is inconsistent with the Interim Guidelines
        for Planning Permit Applications in Open, Potable Water Supply Catchment
        Areas issued by the Department of Infrastructure.

        The dwelling is not necessary in order for agricultural activity on the land to
        continue, with the grazing of sheep currently being undertaken. The information
        submitted with the application does not demonstrate that the dwelling is
        reasonably required for the operation of any rural activity on the land.

        The approval of this application is likely to result in further development of
        numerous vacant lots within the rural locality of Mt Egerton, by creating a
        precedent for further rural residential development in the immediate area which
        will undoubtedly threaten future agricultural production on surrounding land.

        CONCLUSION:

        The subject proposal would result in the inappropriate development of rural
        land. The subject proposal is considered to be an inappropriate use of the
        subject land and in direct conflict with several Council policies as evidenced by
        the objection from Central Highlands Water. The approval of this dwelling
        would undoubtedly create an undesirable precedent within the Shire, which
        would undermine both current and future zoning provisions and jeopardise the
        quality of water within a proclaimed water catchment area.

                RECOMMENDATION:

                Planning Permit Application 2001-359 for the development and use of a
                dwelling at Crown Allotment 14, Section B, Powerline Cutoff Road, in
                the Parish of Bungal, Mt Egerton be refused on the following grounds:

                1.     The proposal is inconsistent with the State Planning Policy
                       Framework and the Local Planning Policy Framework of the
                       Moorabool Planning Scheme.

                2.     The proposal is inconsistent with the provisions of the Rural Zone
                       of the Moorabool Planning Scheme as it would result in the
                       fragmentation of rural land and would and have a detrimental
                       impact on the surrounding agricultural land uses.

                3.     The applicant has not demonstrated that the dwelling is reasonably
                       required for the future use of the land for agricultural purposes.

                4.     The construction of a dwelling on the subject lot would result in
                       land being used for rural residential purposes which is



OM 23-01-02                                OM 01/02                                  19
Agenda - Moorabool Shire Council Ordinary Meeting                         23 January 2002



                       inappropriate in this location, and there is an adequate supply of
                       rural residential lots in more suitable locations within the shire.

                5.     The proposal would set an undesirable precedent for residential
                       development in the surrounding rural area.

                6.     The dwelling is not required for the continued use of the subject
                       land for grazing.

                7.     The proposal would be detrimental to the rural amenity of the area
                       as a cluster of dwellings at this location would alter the rural
                       character of the area.

                8.     The proposal conflicts with the Minister’s interim guidelines for
                       open potable water supply catchments.

                9.     The proposal is located on a lot that is incapable of providing a
                       sustainable agricultural enterprise in the form proposed by the
                       applicants.




OM 23-01-02                                OM 01/02                                   20
Agenda - Moorabool Shire Council Ordinary Meeting                           23 January 2002




I 2.    APPLICATION NO:                2001-360 – Dwelling

        APPLICATION DATE: 8/10/2001

        APPLICANT:                     R. Widdison

        SITE ADDRESS:                  Pt CA 90E, Section B, Yendon Mt Egerton Road,
                                       Parish of Kerrit Bareet, Mt Egerton

        ZONE:                          Rural Zone

        OVERLAYS:                      Environmental Significance Overlay Schedule 1 –
                                       Proclaimed Water Catchment Areas
                                       Design and Development Overlay Schedule 2 –
                                       Visual amenity and building design

        LOT SIZE:                      6.52 hectares

        PROPOSAL:

        Three applications for dwellings on contiguous Rural zoned allotments have
        been received and are being individually assessed. This application relates to
        Part Crown Allotment 90E, Section B, Yendon Mt Egerton Road, Mt Egerton.

        The proposal is for the erection of a dwelling on a lot with an area of 6.52
        hectares. The site plan submitted shows the dwelling located towards the west
        of the property, 40 metres from Powerline Cut Off Road and Yendon Mt
        Egerton Road.

        An indicative house design has been submitted with the application. The
        dwelling is proposed to be comprised of four bedrooms, living, family/dining,
        kitchen with laundry and bathroom. Insufficient information has been provided
        regarding building materials.

        The application highlights that the three properties which are the subject of these
        applications are owned by three brothers who purchased the properties and are
        now looking to sell them as rural residential properties and thus require planning
        permits.

        The link between the proposed development and rural land use is not and cannot
        be stated in this application as the application report details that the sole purpose
        of applying for this application is to sell the land with a planning permit for a
        dwelling.

        As stated each of the applications are being considered separately and this report
        relates to Part Crown Allotment 90E.




OM 23-01-02                                OM 01/02                                     21
Agenda - Moorabool Shire Council Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        23 January 2002



                            SITE DESCRIPTION:

                            Part Crown Allotment 90E is located to the south west of Mt Egerton township,
                            within the Rural Zone. The two other lots which are subject to similar
                            applications and are owned by the brothers of this applicant and are located to
                            the east and south east of the subject property.

                            The site has a gentle slope to the southeast. The site is generally cleared with
                            tree planting having recently been undertaken along the boundary of the site.

                            The property is currently used for agriculture namely sheep grazing. The area to
                            the west of the subject site is also zoned rural and is used for agriculture. Several
                            other houses are visible from this site but most of these are located within the
                            Rural Living Zone further north. The surrounding area is characterised by lots
                            similar in size to the subject property most of which are used for agriculture and
                            are not developed with dwellings.

                            The following map shows the surrounding area, lot boundaries and roads.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                                                                                                                                                                                                                                                                                                                                                    NE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              58                                                             76



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                   240,550

                            249,500                                                                                                                                                                                                                                                                                                                                192000
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              78



                                                                                                                                                                                                                  240,600                                                                                     190,800

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      83

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                15
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      35

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     ROAD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    37



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                                                                                                                                            192650
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 WATER TANK EAST
                                                                                                                                 233,200
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          10



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               18
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                            WATER TANK
                                                                                                                       74                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               NS
                                                                                                                                                                                                             240,600
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       34



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                                                                                                                                                                                                                                                                                    190,750                                                                                                                                                                                                                                                                                                                                                   PPRZ
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OM 23-01-02                                                                                                                                                                                    OM 01/02                                                                                                                                                                                                                                                                                                                                                                                                               22
Agenda - Moorabool Shire Council Ordinary Meeting                           23 January 2002



        LEGISLATIVE FRAMEWORK:

        Under Section 60 (b) (ii) of the Planning and Environment Act 1987, the
        responsible authority may consider any strategic plan, policy statement, code or
        guideline, which has been adopted by a Minister, government department, public
        authority or municipal council.

        PLANNING SCHEME PROVISIONS:

        State Planning Policy Framework:

        Clause 13 – details the Principles of Land Use and Development Planning which
        planning schemes aim to use as a basis for decisions. The management of
        resources is included in the principles which state that planning is to assist in the
        wise use of resources including land and to support sustainable development
        over the long term through judicious decisions on the location, pattern and
        timing of development.

        Clause 15.01 – Environment - details state policies on the protection of
        catchments, waterways and groundwater. This policy states that responsible
        authorities should coordinate activities with catchment managers and should
        consider the impacts of development on catchment areas.         Planning and
        responsible authorities should ensure that land use activities potentially
        discharging contaminated runoff or wastes to waterways are sited and managed
        to minimise such discharges and to protect the quality of surface water and
        ground water resources, rivers, streams, wetlands, estuaries and marine
        environments.

        Clause 17.05 – Agriculture – aims to ensure that the State’s agricultural base is
        protected from the unplanned loss of high quality productive agricultural land
        due to permanent changes of land use and to enable protection of productive
        farmland which is of high quality and strategic significance in the local or
        regional context.

        In considering a proposal to develop agricultural land, the following factors
        must be considered:
                § The desirability and impacts of removing the land
                    from primary production, given its agricultural
                    quality and productivity.
                § The impacts of the proposed subdivision or
                    development on the continuation of primary
                    production on adjacent land, with particular
                    regard to land values and to the viability of
                    infrastructure for such production.
                § The compatibility between the proposed or likely
                    development and the existing uses of the
                    surrounding land.
                § Assessment of the land capability.




OM 23-01-02                                OM 01/02                                     23
Agenda - Moorabool Shire Council Ordinary Meeting                          23 January 2002



        Local Planning Policy Framework:

        The Municipal Strategic Statement (MSS) provides several statements regarding
        the rural community and the traditionally strong element of agricultural land use
        throughout the shire. It identifies the protection of productive agricultural land
        as a key issue. The MSS recognises that fragmentation can occur where
        residential development takes place in rural areas with no link to the rural
        activities of the area and the new residents start demanding that rural activities
        such as spraying or the use of noisy machinery are modified. Further, essential
        services and infrastructure are often lacking in these areas and can therefore be
        inappropriate for development.

        The MSS also identifies that rural living type development has been historically
        strong throughout the Shire and remains significant. This type of development
        is to be focussed in rural living zones in particular on the fringe of Bacchus
        Marsh, Ballan and Gordon where there is good access to services and where
        negative impacts on the productivity of land and environmental values can be
        prevented.

        Clause 21.08 – Protection of the environment and landscape recognises the
        environmental values within Moorabool Shire. This policy states that
        development in rural areas must not cause significant detriment to the rural
        environment or landscape. This policy focuses on the protection of water
        catchments, flora/fauna habitats and corridors, significant landscapes and
        waterways. This policy specifically recognises that extensive areas of the shire
        are located within Proclaimed Water Catchment Areas and that the use and
        management of land within catchments is critical for the protection of water
        quality. The policy also recognises that the retention of vegetation along
        watercourses is important for the protection of their environmental qualities.

        Clause 21.09 considers it essential that the long-term agricultural viability of the
        Shire’s rural areas is not compromised. Rural residential development needs to
        occur in a planned and orderly manner and should be located in rural living
        zones at the fringe of existing townships and needs to be controlled in order to
        avoid conversion of quality agricultural land to non productive land uses.
        Fragmentation of rural land is already recognised as having significantly
        undermined the productive value of some rural areas.

        Clause 22.07 – Houses and House Lot Excisions in Rural Areas aims to ensure
        that new housing development in rural areas will not compromise agricultural
        activity on adjoining lots. This policy specifically considers issues such as the
        proposed dwelling’s relationship to farming activities, whether the dwelling is
        reasonably required for the operation of a rural activity that may be conducted
        on the land and the need to discourage non-agricultural use and development in
        rural areas.

        The policy also refers to prohibiting the erection of dwellings on land less than
        40 hectares in size as a possible condition for permits.




OM 23-01-02                                OM 01/02                                    24
Agenda - Moorabool Shire Council Ordinary Meeting                               23 January 2002



        Under the policy applications for dwellings or house lot excisions on land within
        the Rural Zone will be assessed according to the following criteria:
                 § The planning history of the site;
                 § Surrounding land uses;
                 § The existing levels of infrastructure;
                 § The agricultural quality of the land;
                 § Any environmental constraints;
                 § The need to discourage non agricultural use and
                    development in all rural areas;
                 § The need to avoid a cluster of dwellings that are
                    not directly related to the agricultural use of land;
                 § The rights of existing farms to continue their
                    operations and not be adversely effected or
                    constrained by residential concerns;
                 § The extent to which the amenity of the residents of
                    the dwelling may be adversely affected by
                    agricultural practices on surrounding land;
                 § The extent to which the proposal promotes or
                    supports the continued agricultural use of the
                    land; and,
                 § The need to promote farm consolidation.

        Clause 22.06 – Proclaimed Catchments in Rural Areas aims to provide for
        appropriate development while protecting the quality and quantity of water
        produced within proclaimed water catchments.


        Zone:
        The purpose of the Rural Zone is to provide for the sustainable use of land for
        extensive animal husbandry and crop raising, and to encourage the creation and
        protection of an effective rural land resource and rural infrastructure, and the
        promotion of economic development compatible with rural activities.

        Subject to Clause 35.01-3 a planning permit is required for the erection of a
        dwelling in the Rural Zone on land less than 40 hectares in area. The subject
        site is only 6.52 hectares in area.

        The following decision guidelines from the zone are relevant to the application:

                  §   The State Planning Policy Framework and the
                      Local Planning Policy Framework, including the
                      Municipal Strategic Statement and local planning
                      policies.
                  §   Any Catchment and Land Protection Strategy and
                      policies applying to the land.
                  §   The capability of the land to accommodate the
                      proposed use or development, addressing site
                      quality attributes including soil type, soil fertility,
                      soil structure, soil permeability, aspect, contour
                      and drainage patterns.


OM 23-01-02                                OM 01/02                                         25
Agenda - Moorabool Shire Council Ordinary Meeting                            23 January 2002



                  §   How the use or development relates to rural land
                      use, rural diversification and natural resource
                      management.
                  §   Whether the dwelling is reasonably required for
                      the operation of the rural activity conducted on
                      the land.
                  §   Whether the site is suitable for the use or
                      development and the compatibility of the proposal
                      with adjoining and nearby farming and other land
                      uses.
                  §   The farm size and the productive capacity of the
                      site to sustain the rural enterprise and whether the
                      use or development will have an adverse impact
                      on surrounding land uses.
                  §   An assessment of the likely environmental impact
                      on the natural physical features and resources of
                      the area and in particular any impact caused by
                      the proposal on soil and water quality and by the
                      emission of noise, dust and odours.
                  §   The design, colours and materials to be used and
                      the siting, including the provision of development
                      and effluent envelopes for any building or works.
                  §   The impact of the use or development on the
                      existing and surrounding rural uses.
                  §   The location of any building or works with respect
                      to the natural environment, major roads, vistas
                      and water features and the measures to be
                      undertaken to minimise any adverse impacts.

        Other relevant provisions:

        The site is located in a potable water supply catchment and therefore the
        Minister’s Interim guidelines for potable water supply catchments is relevant to
        the application. The relevant sections of these guidelines include:

         Guideline 1: Density of dwellings
         Where a planning permit is required to use land for a
         dwelling…the density of dwellings should be no greater than one
         dwelling per 40 hectares (1:40 ha)

         Guideline 2: Effluent disposal and septic tank system
         maintenance
         All dwellings must be connected to a reticulated sewerage system
         if available. In the absence of a reticulated sewerage system, an
         approved on-site treatment system must be installed in
         accordance with the Code of Practice – Septic Tanks, On-site
         Domestic Wastewater Management,
         Environment Protection Authority, March 1996.




OM 23-01-02                                OM 01/02                                      26
Agenda - Moorabool Shire Council Ordinary Meeting                          23 January 2002



             Septic tank systems must be maintained correctly, to the
             satisfaction of the council and will be subject to regular
             inspections undertaken by the council. Maintenance should
             include inspecting the septic tank annually, and desludging
             the tank at least every three years.

         To ensure a measure of protection of water quality, the Code of
         Practice specifies that subsoil septic tank systems (including the
         effluent disposal areas) should be located at least:
           § 60 metres from any surface waters;
           § 100 metres from any surface waters within a special water
               supply catchment area declared under the Catchment and
               Land Protection Act 1994;
           § 200 metres upslope from a domestic supply channel; and
           § 300 metres from a domestic water supply reservoir.

         Guideline 4: Buildings and works
         Appropriate measures should be used to restrict sediment
         discharges from construction sites in accordance with
         Construction Techniques for Sediment Pollution Control,
         Environment Protection Authority, 1991 and Environmental
         Guidelines for Major Construction Sites, Environment Protection
         Authority, 1995.

        These guidelines provide assistance both in setting a target dwelling density (40
        hectares) and in the drafting of conditions for a permit if it is issued.

        Proposed Amendment:

        Council at its meeting on 24 October 2001 resolved to prepare and exhibit
        amendment C15 to the Moorabool Planning Scheme. This amendment seeks to
        revise the Rural House and House Lot Excision Policy in Clause 22 of the
        Scheme. The revision aims to provide greater flexibility in the assessment of
        applications for dwellings in the rural zone. The revision basically divides
        applications into three types depending on how the lot subject to the application
        was created, ie whether the lot; (a) existed prior to the operation of planning
        schemes, (b) was created under an old format planning scheme, or (c) was
        created under the Moorabool Planning Scheme.

        Amendment C15 is still being formulated in conjunction with the planning
        consultant and will be exhibited in the near future.

        The subject lot is an historic lot and its existence pre-dates the operation of a
        planning scheme in the subject area. In relation to such lots the proposed
        relevant wording change is:

        “There is no presumption to grant a planning permit for a dwelling on a lot of
        less than 40 ha created prior to the operation of planning schemes.”




OM 23-01-02                                OM 01/02                                    27
Agenda - Moorabool Shire Council Ordinary Meeting                        23 January 2002



        OVERLAYS:

        Design and Development Overlay - Schedule 2 - Visual Amenity and Building
        Design

        This overlay aims to enhance the visual amenity of rural areas and encourage the
        use of non-reflective external cladding on buildings. This overlay states that a
        permit is required for the construction of a building with reflective materials.
        The subject proposal does not include the use of reflective materials.

        Environmental Significance Overlay - Schedule 1 – Proclaimed Water
        Catchment

        The subject property is located within a Proclaimed Water Catchment Area. The
        objectives of this overlay are to protect the quality and quantity of water
        produced within proclaimed water catchments and to provide for appropriate
        development within these areas. This overlay states that the comments of the
        relevant water board must be considered when deciding upon an application to
        develop land that is located within a proclaimed water catchment.

        The applicants submitted a geo-technical report relating to effluent disposal as a
        requirement of this overlay.

        PUBLIC NOTICE:

        Pursuant to Section 52 of the Planning and Environment Act 1987, notice of the
        application was given by mail to adjoining and adjacent property owners and
        occupiers. One request for further information was met, and no objections have
        been received.

        REFERRALS:

        Pursuant to Section 55 of the Planning and Environment Act 1987, the
        application was referred to the following authorities

                 Authority                          Response
                 Barwon Water                       No Objection, 10 conditions
                 Central Highlands Water            N/A This authority is not a Section 55
                                                    Authority.

        The lengthy response from Barwon Water and the detailed conditions they
        imposed reflect the concern over the development of dwellings within the
        Moorabool River Special Water Supply Catchment Area. The conditions
        specified by the water authority relate to the protection of water quality within
        the catchment area and place a number of requirements on effluent disposal.

        The application was referred to Central Highlands Water under Section 55 of the
        planning and Environment Act 1987. Central Highlands Water responded stating
        that the subject property was outside their catchment area and thus they were not
        in fact to be considered a Section 55 Referral Authority.


OM 23-01-02                                OM 01/02                                  28
Agenda - Moorabool Shire Council Ordinary Meeting                         23 January 2002




        However pursuant to Section 57(1) of the Planning and Environment Act 1987,
        an objection has been received from Central Highlands Region Water Authority.
        Their response has five grounds for objection. These relate to
        § the inconsistency of these proposals with the objectives of the rural zone,
        § the threat of further fragmentation of rural land in the area,
        § the conflict with the State Planning Policy Framework requiring planning
            authorities to ensure land use and development proposals minimise nutrient
            contributions to waterways and water bodies,
        § the conflict with the Municipal Strategic Statement which identifies
            agriculture as a major contributor to the Shire’s economy. This proposal
            would lead to the fragmentation of rural land and the use of rural land for
            non-rural uses
        § the proposal’s inconsistency with the Interim Guidelines for Planning Permit
            Applications in Open, Potable Water Supply Catchment Areas issued by the
            Department of Infrastructure.

        DISCUSSION:

        The proposed development can best be described as a residential development
        without associated agricultural use of the land. Rural land is intended to be used
        for agriculture and only dwellings reasonably required for the operation of the
        rural activity conducted on the land should be approved in rural zoned areas. The
        written report accompanying this application does not provide justification for
        the proposed dwelling in relation to the agricultural use of the land nor does it
        include an explanation of how the proposal promotes the purpose of the zone or
        how it responds to the decision guidelines for this zone. Indeed the applicants
        would be unable to provide such justification as they have stated that they intend
        to sell these properties “and the three permits are required to satisfy prospective
        purchasers that they can build a dwelling on each lot”.

        The subject properties are currently used for the grazing of sheep, this use occurs
        without the need for a dwelling on the subject property.

        One of the decision guidelines of the rural zone is whether a house is reasonably
        required for the rural activity conducted on the land. Given the size of the lot it
        is not considered that a house is reasonably required to continue the use of the
        land for grazing, as this has occurred for some time in the past without the
        presence of a dwelling.

        It is considered that the approval of this application will set a precedent for
        future development on surrounding lots. Given that a vast majority of lots in the
        surrounding area are undeveloped, it is considered that setting such a precedent
        would lead to further development in the area in the near future. Such
        development would undoubtedly lead to a loss in productive agricultural land in
        an area which has a strong rural character.

        Council has the opportunity in this case to prevent residential development on
        viable agricultural land that is not reasonably required in order to continue
        farming of the land.


OM 23-01-02                                OM 01/02                                   29
Agenda - Moorabool Shire Council Ordinary Meeting                           23 January 2002




        The State Planning Policy Framework requires that in considering a proposal to
        develop agricultural land the impact of the proposed development on the
        continuation of primary production on adjacent land, with particular regard to
        land values and to the viability of infrastructure for such production must be
        considered. The approval of this application is likely to create an expectation or
        precedent that other owners of rural lots will be able to obtain permits for
        houses. This would result in increases in property values of rural zoned lots and
        make it more difficult for existing productive farms to continue in a viable form
        in the future. It would also make the prospect of obtaining planning approval for
        houses and then selling individual titles more attractive to farmers.

        The proposal being considered is likely to, if approved, effectively result in the
        rural residential use of land in a rural area.

        The proposal does not adequately address the application requirements of
        Schedule 1 of the Environmental Significance Overlay. The proposal does not
        demonstrate that the proposal can meet the objectives of the overlay in respect to
        protecting quality of water produced and provision of appropriate development
        within proclaimed water catchments.         The report prepared by Provincial
        Geotechnical Pty Ltd for the applicants, classified the subject property as “very
        poor” for the management of waste effluent. Hence the proposed development
        also conflicts with the State Planning Policy Framework, requiring that Planning
        and Responsible Authorities should ensure land use and development proposals
        minimise nutrient contributions to waterways and water bodies.

        The subject property is located within a Proclaimed Water Catchment Area and
        interim guidelines to assist authorities with decision making relating to planning
        permit applications have been prepared by the Minister for Planning and Local
        Government. The proposal is inconsistent with these Interim Guidelines for
        Planning Permit Applications in Open, Potable Water Supply Catchment Areas
        issued by the Department of Infrastructure. These guidelines recommend a
        dwelling density of only one house per 40 hectares unless a land capability study
        assessment shows a lesser density is appropriate. Given the geotechnical
        classification of the area as “very poor” for effluent disposal, it is suggested that
        the density of dwellings in this area should be only one house per 40 hectares
        throughout the catchment area.

        The subject site does not meet the minimum site area required by these
        guidelines. A precedent could be established by approving the development of
        this dwelling. This would undermine Council’s position and be contradictory to
        its policies and result in further pressure on Council to approve the inappropriate
        development of non-agriculture related dwellings in rural areas and in open,
        potable water catchment areas.

        COMMENT:

        The proposal does not comply with the relevant objectives of the State Planning
        Policy Framework, Local Planning Policy Framework or the Rural Zone of the
        Moorabool Planning Scheme, nor does it comply with Council’s policy on


OM 23-01-02                                OM 01/02                                     30
Agenda - Moorabool Shire Council Ordinary Meeting                         23 January 2002



        houses in rural areas. The proposal is inconsistent with the Interim Guidelines
        for Planning Permit Applications in Open, Potable Water Supply Catchment
        Areas issued by the Department of Infrastructure.

        The dwelling is not necessary in order for agricultural activity on the land to
        continue, with the grazing of sheep currently being undertaken. The information
        submitted with the application does not demonstrate that the dwelling is
        reasonably required for the operation of any rural activity on the land.

        The approval of this application is likely to result in further development of
        numerous vacant lots within the rural locality of Mt Egerton, by creating a
        precedent for further rural residential development in the immediate area which
        will undoubtedly threaten future agricultural production on surrounding land.

        CONCLUSION:

        The subject proposal would result in the inappropriate development of rural
        land. The proposal is considered to be an inappropriate use of the subject land
        and is in direct conflict with several Council policies as evidenced by the
        objection from Central Highlands Water. The approval of this dwelling would
        undoubtedly create an undesirable precedent within the Shire, which would
        undermine both current and future zoning provisions and jeopardise the quality
        of water within a proclaimed water catchment area.

                RECOMMENDATION:

                Planning Permit Application 2001-360 for the development and use of a
                dwelling at Part Crown Allotment 90E, Section B, Yendon Mt Egerton
                Road, in the Parish of Kerrit Bareet, Mt Egerton be refused on the
                following grounds:

                1.     The proposal is inconsistent with the State Planning Policy
                       Framework and the Local Planning Policy Framework of the
                       Moorabool Planning Scheme.

                2.     The proposal is inconsistent with the provisions of the Rural Zone
                       of the Moorabool Planning Scheme as it would result in the
                       fragmentation of rural land and would and have a detrimental
                       impact on the surrounding agricultural land uses.

                3.     The applicant has not demonstrated that the dwelling is reasonably
                       required for the future use of the land for agricultural purposes.

                4.     The construction of a dwelling on the subject lot would result in
                       land being used for rural residential purposes which is
                       inappropriate in this location, and there is an adequate supply of
                       rural residential lots in more suitable locations within the shire.

                5.     The proposal would set an undesirable precedent for residential
                       development in the surrounding rural area.


OM 23-01-02                                OM 01/02                                   31
Agenda - Moorabool Shire Council Ordinary Meeting                         23 January 2002




                6.     The dwelling is not required for the continued use of the subject
                       land for grazing.

                7.     The proposal would be detrimental to the rural amenity of the area,
                       as a cluster of dwellings at this location would alter the rural
                       character of the area.

                8.     The proposal conflicts with the Minister’s interim guidelines for
                       open potable water supply catchments.

                9.     The proposal is located on a lot that is incapable of providing a
                       sustainable agricultural enterprise in the form proposed by the
                       applicants.




OM 23-01-02                                OM 01/02                                   32
Agenda - Moorabool Shire Council Ordinary Meeting                           23 January 2002




I 3.    APPLICATION NO:                2001-361 – Dwelling

        APPLICATION DATE: 8/10/2001

        APPLICANT:                     J. Widdison

        SITE ADDRESS:                  CA 13, Section B, Yendon Mt Egerton Road, Parish
                                       of Bungal, Mt Egerton

        ZONE                           Rural Zone

        OVERLAYS:                      Environmental Significance Overlay Schedule 1 –
                                       Proclaimed Water Catchment Areas
                                       Design and Development Overlay Schedule 2 –
                                       Visual amenity and building design

        LOT SIZE:                      7.66 hectares

        PROPOSAL:

        Three applications for dwellings on contiguous Rural zoned allotments have
        been received and are being individually assessed. This application relates to
        Crown Allotment 13, Section B, Yendon Mt Egerton Road, Mt Egerton.

        The proposal is for the erection of a dwelling on a lot with an area of 7.66
        hectares. The site plan submitted shows the dwelling located towards the east of
        the property, 20 metres from Yendon Mt Egerton Road and 40 metres from the
        nearest property boundary that being to the west.

        An indicative house design has been submitted with the application. The
        dwelling is proposed to be comprised of three bedrooms, living, family/dining,
        lounge, kitchen with laundry and bathroom. Insufficient information has been
        provided regarding building materials.

        The application highlights that the three properties which are the subject of these
        applications are owned by three brothers who purchased the properties and are
        now looking to sell them as rural residential properties and thus require planning
        permits.

        The link between the proposed development and rural land use is not and cannot
        be stated in this application as the application report details that the sole purpose
        of applying for this application is to sell the land with a planning permit for a
        dwelling.

        As stated each of the applications are being considered separately and this report
        relates to Crown Allotment 13.




OM 23-01-02                                OM 01/02                                     33
  Agenda - Moorabool Shire Council Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                               23 January 2002



                          SITE DESCRIPTION:

                          Crown Allotment 13 is located to the south west of Mt Egerton township, within
                          the Rural Zone. The two other lots which are subject to similar applications and
                          are owned by the brothers of this applicant and are located to the west and south
                          of the subject property.

                          The site has a gentle slope to the southwest. The site is generally cleared with
                          tree planting having recently been undertaken along the boundary of the site.

                          The property is currently used for agriculture namely sheep grazing. The area to
                          the east and west of the subject site is also zoned rural and is used for
                          agriculture. Several other houses are visible from this site but most of these are
                          located within the Rural Living Zone to the northeast. The surrounding area is
                          characterised by lots similar in size to the subject property most of which are
                          used for agriculture and are not developed with dwellings.

                          The following map shows the surrounding area, lot boundaries and roads.
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                                                                                                          240,650                                                                                                                                                                                                                                                                                                                                                                                                                                  192035



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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        6
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       177150




                                                                                                                                                                                                                                                                                                                                                                                                                                                                      G
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           3




                                                                               RLZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             170160

                                                                                                                                                                                                                                                                                                                                                                              TZ
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                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                             TZTZ
                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   7                                         1257
                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ
                                                                                                                                                                                                                                                                                                                                                                             TZ                                                                                                         11                              177,100




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                1237




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        177,050



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Z22 2
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          DZZZ2
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Z22 2
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DDZZ22
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           ZZZ2
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           ZZZ22
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             222
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       RRRDZZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              22
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              10




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       RRDZZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             22
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             22
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RO      RDDZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          DD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       RRRD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          DD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       RRRD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             1231




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RRD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       RRD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       RRD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         R
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               170165




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         R
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              177,000                                                  TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       TZ
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZTZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 PT8                                                                   TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TZTZ
                                    249,450                                                                                                                                                                                                                                                                   1



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                                                                                                159500
                                                                                                                                                                                                                                  4                                                                                                                                                                                                                                                            1227




                                                                                                                                                                                                                                                                                                                                                                                                        FL
                                                                                                                                                                                                                                                                                                                                                                                          2
                                                                                                                                                                                                                                                                                                                                                                                                           15

                                                                                                                                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      13


                                                                                                                                                                                                                                                                                                                                                                                                           ET
                                                                                                                                                                                                                                                                                                                                                                                                                                                           9
                                                                                                                                                                                                                                                                                                                                                                                                    17                                                176,900
                                                                                                                                                                                                                                                                                                                                                                                                         159450



                                                                                                                                                                                                                                                                                                    192300

                                                                                                                                                                                                                                                                                                        5                                                                                        TZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
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                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZTZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                                                         LA CHE                                                     PT8
                                                                                                                                                                                                                                                                                                                                                                                                                                                                 176900



                                                                                                      249,250                                                                                                                                                                                                                                                                                    TZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                                                                                                                                               TZTZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                                                            NE R
                                                                                                                                                                                                                                                                                                                                                                                                               S
                                                                                                                                                                                                                                                                                                                                                                                                                                  7
                                                                                                                     PT4                                                                                                                                                                                                                                                                                                      176,850
       YE




                                                                                                                                                                                                                                                                                                                                                                                                              7




                                                                                                                                                                                                                                                                                                                                                                                                                                                                               N
                                                                                                                                                                                                                                                                                                        W                                                                                                                                             9
                                                                                                                                                                                                                                                                                                                                                                                                                                                      176850




                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TO
                                                                                                                                                                                                                                                                                                                                                                                                                    176,800               PT6
                                                                                                                                                                                                                                                      192250
                                                                                                                                                                                                                                                                                                                  AL                                                                                                                        176,850
          ND




                                                                                                                                                                                                                                                                                                                                                                                                                                                  8

                             249,400
                                                                                                                                                                                                                                                                                                                    KE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                ER
                                                                                                                                                                                                                                                                                                                                                                                                          176,850



                                                                                                                                                                                                                                                                                           
                                         45C                                                                                                                                                                                                               1



                 1027                                                                                                                              RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                  RLZ
                                                                                                                                                  RLZ
                                                                                                                                                  RLZ                                                                                                                                       29
                                                                                                                                                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                                                                                                                                                      1203
             O




                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                  RLZ
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                                                                                                                                                  RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                  RLZ
                                                                                                                                                  RLZ
                                                                                                                                                  RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                   RLZ
                                                                                                                                                  RLZ
                                                                                                                                                  RLZ
                                                                                                                                                  RLZ
                                                                                                                                                                                                                                                                                                                                           RS                                                  176,700
                                                                                                                                                                                                                                                                                                                                                                                                                                                   EG                             TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZTZ
                                                                                                                                                                                                                                                                                                                                                                                                                                     
             N-E




                                                                                                                                                                                                                   192,200
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZTZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TZ
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TZTZ
                                                                                                                                                                                                                                                                                                                                                                                                                              1201
                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                                                                                                     176,700


                                                                                                                                                                                                                                                                                                                                                       LA
                                                                                                                                                                                                                                                                                                                                                                                                                                                 N-
                                                                                                                                                                                                                         40
                                                                                                                                                                                                                                                                                                                                                         NE                                                         1197
                                                                                                                                                                                                                                                                                                                                                                                                                              
                                                                                                                                                                                                                                                                                                             192,400
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             176450
                G




                                                                                                                                                                                                                                                                                                                                                                                                                               O

                                                                                                                                                                                        192,150
                                                                                                                                                                                                                                                                                                                                                                                                                                  DDDZ22
                                                                                                                                                                                                                                                                                                                                                                                                                                     Z222
                                                                                                                                                                                                                                                                                                                                                                                                                                    Z2222
                                                                                                                                                                                                                                                                                                                                                                                                                                  DZZZ2
                                                                                                                                                                                                                                                                                                                                                                                                                                     Z222
                                                                                                                                                                                                                                                                                                                                                                                                                                      222




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              6A



                                                                                                                                                                                                                                                                                                                                                            
                                                                                                                                                                                                                                                                                                                                                                                                                                 RRDZZ
                                                                                                                                                                                                                                                                                                                                                                                                                                  DDZZ
                                                                                                                                                                                                                                                                                                                                                                                                                                   DDZ2
                                                                                                                                                                                                                                                                                                                                                                                                                                       2
                                                                                                                                                                                                                                                                                                                                                                                                                            ND
                 ER




                                                                                                                                                                                                                                                                                                                                                                                                                                RRDDZ
                                                                                                                                                                                                                                                                                                                                                                                                                                   DZ22
                                                                                                                                                                                                                                                                                                                                                                                                                                    ZZ
                                                                                                                                                                                                                                                                                                                                                                                                                                    Z22




                                                                                                                                                                                                                                                                                                                                                                                                         176,500
                                                                                                                                                                                                                                                                                                                                                                                                                                RRRDZ
                                                                                                                                                                                                                                                                                                                                                                                                                                    Z2
                                                                                                                                                                                                                                                                                                                                                                                                                                  DZZ
                                                                                                                                                                                                                                                                                                                                                                                                                                    Z2
                                                                                                                                                                                                                                                                                                                                                                                                                                     Z
                                                                                                                                                                                                                                                                                                                                                                                                                                     Z
                                                                                                                                                                                                                                                                                                                                                                                                                                RRDD
                                                                                                                                                                                                                                                                                                                                                                                                                                RRRD




                                                                                                                                                                                                                                                                                                                                                                                     192,350
                                                                                                                                                                                                                                                                                                                                                                                                                                RRD




                                                                                                                                                                                            
                                                                                                                                                                                                                                                                                                                                                                                                                                RDD




                                                                                                                                                                                                                                                                                     192,400



                                                                                                                                                                                                                                      
                                                                                                                                                                                                                                                                                                                                                                                                                                RRRR
                                                                                                                                                                                                                                                                                                                                                                                                                                   D




                                                                                                                                                                                            46
                                                                                                                                                                                                                                                                                                                                                                                                                                  R
                                                                                                                                                                                                                                                                                                                                                                                                                                  D
                                                                                                                                                                                                                                                                                                                                                                                                                                 RR
                                                                                                                                                                                                                                                                                                                                                                                                                                 RD
                                                                                                                                                                                                                                                                                                                                                                                                                                 RR




                                                                                                                                                                                                                                                                                                                                                        
                                                                                                                                                                                                                                                                                                                                                                                                                                RRR
                                                                                                                                                                                                                                                                                                                                                                                                                                  D




                                                                                                                                                                                                                                                   192,450                                                                                                   4                                                                                                                                                                                                                                                            10
                                                                                                                                                                                                                                                                                                                                                                                                                          YE




                                                                                                                                                                    163120                                                             43
                   TO




                                                                                                                                                                                                                                                                                                                                                                9
                                                                                                                                                                                                                                                                                                                                                                                                                                                          10
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                              TZTZ
                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                TZ
                                                                                                                                                                                                                                                                                                                                                                    176650
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                               TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                              TZ
                                                                                                                                                                                                                                                                              TZTZ
                                                                                           B
                                                                                           B
                                                                                           B                                                                                                                       192,500                                                                                                                             176650



                                                                                           B
                                                                                           B
                                                                                           B                                                                   
                                                                                                                                                                    32
                                                                                                                                                                                                    
                     N




                                                                                                                                                                                                                                                                                                                                              176650                             176650




                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                    159,400
                                                                                                                                                                                                     51
                                                                                                                                                                                                                                          18
                                                                                                                                                                                                                                                                                                                                 176,600
                                                                                                               249,250
                                                                                                                                                         DALTON                                                                                                                                                           176,600


                                                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                                                             1177


                                                       249,350                                                                                                                                         LANE 249,100                                                                                                    176,550



                                                                                                                                                                                                                                                                                                                            
                                                                                          249,300                                                                                                                                                                                                                           1171
                                                                                                                                                                                                                                                                249,000
                                                                                                                                                                                  249,150                                                                                                         248,950                                                                                                                                                                                                         12

                                                                                                                    2                   249,200

                                                                45D                                                                                                                                                                                                                                   1169




                                                                                                                                                                                                                                                                                            D 
                                                                                                                                                                                                                                         249,050                              249,000
                                                                                                                                                                                                                                                                                           1165

 E                                                                                       115                                      LP118860
                                                                                                                                                                                                                      249,100




                                                                                                                                                                                                                                                                                            OA
                                                                                                                                                                                                                                                                                                                                    1172



                                                                                                                                                         249,150
                                                                                                                                                                                                                                                                                                                                 250,150

                                                                                                                                              1                                                                                                                                            R
                        1052                                                                                                                                                                                                                                                                   1A   1166
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RUZ

                                                                                                                                                                                                                         
                                                                                                                                                                                                                             1151

                                                                                                                                              1123
                                                                                                                                                                                                                                                                                                                                           ROAD




                                                                                                                                                                                                                                                                                 250,200
                                                                  1071

                     230330                                                                                                                                                                                                                                                     TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                 TZ
                                                                                                                                                                                                                                                                                   TZ
                                                                                                                                                                                                                                                                                   TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                   TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                   TZ
                                                                                                                                                                                                                                                                                  TZ
                                                                                                                                                                                                                                                                                  TZ           1C

                                                                                                    
                                                                                                                           1115
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                      RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                     RDZ2
                                                                                                                                                                                                                                        1152              1G
                             89F                                                         1101

                                                                                                                                                                                                          1146
                                                                                                                                                                                                                                      250,250
                                                                                                                                                                                                                                            1F
                                                                                                                                                                                                                                                               CL



                                                     250,450                                         ON                                                                                                                      1H



                                                                                         YENDON-EGERT                                                                                                                                                                                                                                                                            
                                                                                                                                                                                                                              CL
                                                                                                                                                                                                  250,300