1. Mr Mileham said the draft permit conditions adequately address any off site amenity impacts that may occur from the use of the site as a place of worship, including noise from attendees coming to and leaving the premises.
2. Mr and Mrs Harwood and Mr and Mrs Button asked for 2 metre high colourbond fencing along their common property boundaries with this site, and Mr Mileham agreed. He also said the provision of generous landscape buffers would assist and could lessen the visual impact of the car park area.
3. Whilst the noise may be attenuated to the north and west with the inclusion of 2 metre high solid fencing, there are also low density residential properties to the south and west (across Berrybank Drive and Butterworth Street). It is possible that there may be noise impacts extending into these directions, particularly to the south where there is less vegetation and as the car park is proposed to be located in the southern frontage setback. I am not persuaded that landscaping on the site or on the nearby properties will be sufficient attenuation of any noise impacts up till 10pm. I would not support any solid fencing along these frontages either as that would not be respectful of the existing character of this low density residential area. Mr Mileham suggested that the car park and building could be switched, but I have not considered this as it is not the proposal before me and such changes may result in other amenity impacts to neighbouring properties and streetscape character impacts.

The purpose of the Residential Zone is to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs. The only difference with the Low Density Residential Zone is for sites without reticulated sewerage to be able to treat and retain wastewater on site.

1. Whilst there is policy guidance in the planning scheme about integrating community uses with residential areas, such guidance is influenced by the purposes and detailed controls contained within the applicable zone and any overlay controls that apply to the land.
2. In the Swan Hill planning scheme, there are three zones contained in the section on "Residential Zones", being Residential 1 Zone, Low Density Residential Zone and Township Zone. The Township Zone purpose includes to provide for residential development and a range of commercial, industrial and other uses in small towns; and the Residential 1 Zone purpose includes the statement contained in the quote from the Applicant's submission (above in paragraph 14). Mr Button pointed out a place of worship is actually a permit not required land use in the Residential 1 Zone if certain conditions are met, which further fosters achievement of the Residential 1 Zone purpose. The Council pointed out the purpose of the Low Density Residential Zone (LDRZ) does not make reference to community uses, and does not contain the purpose about certain non-residential uses that exists in the Residential 1 Zone. This does distinguish the LDRZ from the other zones.
3. I note that the history of the LDRZ generally includes:
   • In the VPP Manual explanation of the zones, LDRZ is described as being intended for areas which are shown to be appropriate for subdivision into lots that are large enough to contain on-site wastewater (which this proposal on this site is not) and small enough to be maintained without the need for agricultural techniques or equipment.
   • In the Practice Note for Rural Residential Development (that includes land zoned LDRZ), it is described as land in a rural setting. In explaining why rural residential development requires special consideration, it states on page 2:

The local environment and landscape should have the capacity to absorb this more intensive use and development without significant or irreversible harm to its values or to the new use and development. Demand for costly or inefficient community services or infrastructure should not be generated.

• The Practice Note talks about the provision of social and physical infrastructure, including:

Because rural residential development is a type of residential land use, it must be provided with certain community infrastructure and services normally expected for residential areas. If those services are not provided by the developer from the outset, the expectations and future requirements of residents can lead to cost and disruption to communities as services are provided at a later time.

A proposal for rural residential development must be efficiently serviced by social and physical infrastructure at an acceptable and sustainable community cost.

1. Whilst a place of worship is a land use that can be granted planning approval in a LDRZ, I am not persuaded the proposed place of worship is acceptable given the particular physical context of this LDRZ that I have already described. It appears to me that the existing subdivision was designed and provided for on the basis of the limited intensity of the intended residential subdivision. As such the physical infrastructure is limited and there is no existing social infrastructure. Hence I can only presume that it was intended that social infrastructure to be utilised by the residents of the subdivision (such as social facilities and services, schools, public transport and possibly places of worship) would be the existing infrastructure within the township itself.
2. Given the zone provisions and my findings about the physical context of the site and surrounding low density area, I cannot agree with the Applicant's submission that the only difference with the LDRZ in this case is the issue of wastewater. For the reasons I have already explained, I find the proposed use and development is not acceptable having regard to the LDRZ purpose and the impacts of the proposal upon the physical infrastructure, features and amenity of the site and surrounds.

1. For these reasons, I have decided to affirm the Council's decision to refuse this proposal, and order that no permit be issued.