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austlii:vic/PPV/2025/35
General information, not legal advice.
PPV
2025-07-10
Original judgment source is linked above.
For the reasons set out in this report, the Panel concludes that the Amendment:
The Glenrowan Bushfire Assessment, City of Wangaratta, 2014 is a background document in the planning scheme which informed the Glenrowan Township Development, 2016. Amendment VC140 was gazetted on 12 December 2017 to implement land use planning recommendations of the Bushfire Royal Commission. It introduced Clause 13.02-1S to the Victoria Planning Provisions which prioritises the protection of human life above other policy considerations. The objective of Clause 13.02-1S is to "strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life".
Strategies of Clause 13.02-1S that relate to the protection of human life are:
Prioritising the protection of human life over all other policy considerations.
Directing population growth and development to low risk locations and ensuring the availability of, and safe access to, areas where human life can be better protected from the effects of bushfire.
Reducing the vulnerability of communities to bushfire through the consideration of bushfire risk in decision making at all stages of the planning process.
Previous bushfire assessments, including the Glenrowan assessment, were undertaken prior to VC140.
In accordance with the requirements of Clause 13.02-S, a strategic bushfire risk assessment was undertaken and included the following steps in determining low risk locations for settlement growth:
This bushfire risk assessment informed the Strategy.
Council relied on the expert evidence of Mr Matthews, but in submissions noted that the Amendment:
prioritises the protection of human life over all other considerations and the areas of Milawa and Oxley identified for rezoning have been selected as they are considered to be low risk from a bushfire and flood perspective.
Mr Matthew's evidence was that the Amendment is generally well aligned to the bushfire planning objectives of the Planning Policy Framework and the Strategic Bushfire Assessment prepared by his office (which informed the Strategy). The Strategic Bushfire Assessment was a municipal wide assessment that:
The Strategy excludes the townships with the highest bushfire risk from being rezoned, which includes Cheshunt, Eldorado, Glenrowan, Peechelba and Whitfield. It prioritises rezoning in townships that have the lowest bushfire risk, being Milawa, Oxley and the south-east precinct of Wangaratta.
Mr Matthew's evidence was that the bushfire assessment was consistent with the state policy approach, where it is necessary to look at the entire municipality and once that has been done it is not necessary to undertake a local assessment (where it is identified as being high risk and discounted at a strategic level). Whilst the bushfire assessment was prepared prior to the Settlement Planning at the Bushfire Interface Design Guidelines, Department of Environment, Land Water and Planning, 2020 the assessment aligns with the Guidelines.
In opening submissions at the Hearing, the CFA submitted that it is unusual for the CFA to appear at Panel Hearings in support of Amendments. It noted that Council had engaged with the CFA early in the process in the preparation of the Amendment and that it supports Council's "nuanced approach" and how it has addressed the policy framework. It submitted that it hopes that this approach will inform a municipal wide approach across the state. The CFA submitted it supported Mr Matthew's work.
The CFA identified the various bushfire risks and hazards across the municipality, including in recent fires. It submitted that it supported the bushfire assessment that informed the Strategy and that it demonstrated how Clause 13.02-1S has guided development in consideration of the following themes:
It also submitted that it was satisfied that the Amendment, and while the bushfire assessment was prepared prior to, it satisfied the Design Guidelines Settlement Planning at the Bushfire Interface, DTP July 2020. Further, the proposed schedules to the DDO provide a level of detail and demonstrate that basic vegetation principles can be implemented.
the bushfire policy response demonstrates that risks are reduced, locations for future development have been identified appropriately and future rezoning and development of land that include relevant bushfire mitigation to build community resilience to bushfire.
The CFA recommended the controls provide for on-going management requirements for vegetation. Mr Matthews' evidence was that the proposed controls should deal with vegetation management at the bushfire interface rather than within the settlements themselves. However, in its response to Council's Part C submission, CFA submitted that it was supportive of the proposed schedules to the DDO and submitted that it does not seek any changes.
Warby Range Estate submitted that the 2014 Bushfire Assessment identified the Glenrowan bushfire risk, and its assessment was based on the same dot points that are set out at Clause 13.02-1S. It submitted that a local assessment is required to assess specific characteristics, and whilst acknowledging that Glenrowan was a high risk location, it submitted that the future subdivision and development of the land would provide a buffer between the Warby Ranges and the township and "significantly enhance the safety of the school".
Warby Range Estate's submission to the exhibition included a report prepared by SPIIRE and a bushfire risk assessment prepared by Practical Ecology. The Bushfire Risk Assessment, Practical Ecology 2022 submitted with the Warby Range Estate submission included the following observations:
One of the key strategies of Clause 13.02-1S is assessing alternative low risk locations for settlement growth on a regional, municipal, settlement, local and neighbourhood basis. The report prepared by Nexus Planning has comprehensively assessed multiple townships at the municipal scale in order to comply with this strategy.
The consequence of this is that some townships are considered of higher risk due to the availability of alternative lower risk locations within the municipality. This is appropriate in accordance with the implications of Clause 13.02-1S at this scale further analysis is required at the local scale of the planning scheme to determine the true bushfire risk to a specific site, which the following assessment aims to address.
The Victoria Planning Provisions (VPP) provide very clear guidance and a policy framework in relation to bushfire and planning. Clause 71.02-3 requires integrated decision making and unequivocally states that in "bushfire affected areas, planning and responsible authorities must prioritise the protection of human life over all other policy considerations".
The Amendment satisfies this approach and the objective at Clause 13.02-1S. The Strategy has been informed by a bushfire assessment that assesses bushfire risk at a municipal level and directs population growth to low risk locations.
In doing so, the Strategy is consistent with the protection of human life strategies of protection of human life. The Amendment appropriately prioritises the protection of human life over all other policy considerations, directs population growth and development to low risk locations to ensure safe access where human life can be better protected, and considers bushfire risk at the strategic planning stage which has the effect of reducing the vulnerability of communities to bushfire. The Amendment appropriately limits the growth in Glenrowan and redirects growth in Oxley.
The Amendment is consistent with Planning Practice Note 64: Local planning for bushfire protection. As required by this Practice Note, the Strategy addresses bushfire risk and determines that the changes sought through the rezoning will not increase the risk to life, property and community infrastructure from bushfire. In accordance with the Practice Note and consistent with Clause 13.02-1, Council has engaged extensively with the CFA in preparation of the Amendment. Of note, the CFA is wholly supportive of the Amendment, where it referred to the Council's "nuanced approach" to policy and its view that this approach should inform other strategic planning work across the state.
Despite the submissions by Warby Range Estate, the Panel also notes that the bushfire assessment lodged with the submission also notes that the approach adopted by the Strategy accords with the Clause 13.02-1S. The Panel accepts Mr Matthew's evidence that the proper approach to bushfire planning is to undertake a municipal wide assessment and direct growth to low risk locations. Clause 13.02-1S does not require further assessments for areas that have been classified as high risk because of its approach to risk-based planning.
The proposed wording of the schedules and the vegetation management requirements included at Clause 53.02 (Bushfire planning) of the VPP will effectively provide the framework to manage vegetation.
The issue is whether the existing DPO7 should be retained to allow for the potential rezoning of land known as Precinct H(b) in the Glenrowan Township Development Plan.
Wangaratta Planning Scheme Amendment C66 introduced the Glenrowan Township Development Plan, 2016 into the planning scheme. Following exhibition of the Amendment, it was split into two parts. Amendment C66 Part 1 introduced key recommendations from the Glenrowan Township Development Plan and was approved with changes and gazetted on 15 June 2017.
Amendment C66 Part 2 related specifically to 184-256 Old Hume Highway, Glenrowan (known as Precinct H(a) and (b)) of the Glenrowan Township Development Plan. Amendment C66 Part 2 involved the re-exhibition of planning controls for Precinct H and an expansion of the Precinct. Council advised the Panel that the Amendment was split following the owner of Precinct H lodging a submission objecting to the original Amendment to avoid referring the matter to a Panel to consider one submission. Amendment C66 Part 2 was resolved through negotiation and an agreed outcome by Council, the then Department of Environment, Land, Water and Planning and the landowner.
The Amendment rezoned the eastern part of the property to Rural Living Zone and applied DPO7 to the entire property.
Council issued a planning permit (18/160) on 8 July 2019 for subdivision of the land in three stages (for Precinct H(a)).
Clause 11.01-1L-01 as it relates to Precinct H(b) includes the strategy to:
Protect the primacy of agricultural uses in Precinct H(b) until it is considered for rezoning for rural living.
The map to the Clause includes Precinct H(b) within the rural township boundary and shows it as a 'future investigation area'.
The Amendment proposes to exclude Precinct H(b) from the township boundary, delete the 'future investigation area' from the map at Clause 11.01-1L-01, amend the strategies that relate to the precinct and delete DPO7.
In relation to Glenrowan, Council submitted that the municipal wide bushfire assessment that informed the Strategy identified Glenrowan as a high risk township and as such the:
further rezoning of land was not considered appropriate as there are alternative locations (towns) that were considered more suitable to accommodate population increase and support the protection of human life.
Having considered the reports lodged with the Warby Range Estate submission, Mr Matthew's evidence was that the requested changes should not be supported for a range of reasons, including that:
It undermines the robust approach adopted by the Rural City of Wangaratta in undertaking a municipal-wide assessment of the opportunities and constraints for the provision of additional rural lifestyle development.
Warby Range Estate noted that the eastern part of the land at 246 Old Hume Highway, Glenrowan is being developed and that the roads and reticulated water supply system has been constructed and sized for the ultimate development of the entire site, including the western part (which is the subject of the Amendment). It submitted that:
These properties were identified as Precinct 2, being strategically and logically located to provide for future rural residential development of Glenrowan in both the Glenrowan Township Development Plan (2019) and Glenrowan Bushfire Assessment (2014).
Council supported the rezoning of this Precinct for rural residential development on the basis they provided a buffer/shield between the built up areas of Glenrowan and the rural areas where the threat of bushfire was greatest. The eastern portion was zoned with the balance (subject site) to be rezoned once the eastern portion was mostly developed. Fourteen of the seventeen lots have been developed and all are now sold. There are only 3 remaining lots to be developed (anticipate completion by early 2025).
The Panel has concluded that Council's approach in preparation of this Amendment is correct and strategically justified, including how it has weighted bushfire above other policy considerations. There is no dispute between any party that Precinct H(b) or Glenrowan more broadly is a high risk fire location, and this was identified in the 2014 bushfire assessment and the Glenrowan Township Development Plan.
The policy framework that currently applies to Precinct H(b) does not guarantee that the land will be rezoned as it identifies it as a 'future investigation area'. In the intervening period since the approval of Amendment C66 Part 2, there has been a clear planning policy framework that relates to bushfire. If the overlay control is retained and should the land be permitted for rezoning, this would be inconsistent with the objective and strategies of Clause 11.02-1S.
The Panel accepts that the landowner has proceeded with the subdivision of Precinct H(a) on the assumption that the rezoning of Precinct H(b) would follow, however there was never any certainty that this would occur. The planning authority is required to prepare and Amendment and the Panel is required to consider an Amendment based on the planning controls and policies of the day. It is on this basis that the Panel concludes that the Amendment as it relates to Precinct H(b) is strategically justified.
The issue is whether it is appropriate to include policy and controls to discourage battle axe blocks.
The Amendment proposes to introduce policy at Clause 15.01-3L (Subdivision Design) for land in the LDRZ, RLZ and where DDO8 and 9 apply to avoid battle axe style access to lots.
Council submitted that the policy and controls seek to discourage the creation of battle axe blocks, a position that is derived from the Strategy and is based on the bushfire assessment.
Mr Matthew's evidence in relation to battle axe lots was as follows:
My concerns with battleaxe lots in bushfire prone areas include the following:
39.1. The access handle to these lots is often long and narrow, which can significantly constrain access by firefighting and other emergency service vehicles - particularly where fencing and vegetation encroach into the carriageway.
39.2. This subdivision layout often results in dwellings being sited some distance from the public road.
39.3. Battleaxe lots typically preclude the capacity for the provision of a second point of access or egress.
39.4. They may limit the ability of emergency responders to visually identify the dwelling's location from the public road or accessway.
Concerns with battleaxe subdivisions were also raised by the CFA during my consultation with them in the preparation of the Strategic Bushfire Assessment.
The inclusion of this design principle as a strategy in the Planning Policy Framework does not preclude a site-specific merits assessment of a battleaxe subdivision design and in my opinion the strategy should be retained.
Mr Morton submitted that each subdivision proposal should be site specific and determined on its own merits. He submitted that "One of my subdivision design layouts, which includes a battle-axe block, would have a wider entrance than some streets in Milawa, Oxley and Wangaratta".
As noted by Mr Morton and Mr Matthews, the policy and controls seek to 'avoid' the creation of battle axe blocks, but do not prohibit them and allow for consideration on an individual basis.
There are sound bushfire planning reasons why battle axe blocks should be avoided in particular circumstances, and the Panel accepts Mr Matthew's evidence in this regard. No change is required in terms of the drafting of the policy and schedules in relation to battle axe blocks.
4.1 Servicing, access and connectivity in the Milawa triangle
The issue is whether the provisions applying to the Milawa triangle are appropriate.
Mr Morton submitted that on the basis that the Milawa triangle will be rezoned to low density residential there is no need for road and pedestrian connections or a need to provide sewerage to lots. He also submitted that in not allowing 0.4 hectare lots without sewerage connection, that it will "stifle development". He submitted:
Unlike Council, I have spoken to some property owners in the "Milawa Triangle". Without exception, they cannot understand why 0.4 hectare lots without sewerage connection are not permitted.
Faced with the enormous cost of compulsory self funded sewerage connection they probably would not proceed with subdivision.
Council submitted that the need for connectivity in the Milawa triangle is underpinned by the proposed increase in density that will occur because of the proposed rezoning. It submitted that:
Indicative road links are often illustrated on strategic plans, and the proposed layout shown in the DDO8 accommodates connectivity, minimises access points onto a Significant Municipal Road and provides multiple exit points in an emergency situation. It also addresses fragmentation of land ownership in an 'infill type' situation.
In relation to proposed lot sizes, Council submitted that:
Development at the scale of 0.2 ha requires reticulated sewerage connection under the subdivision requirements of the zone (32.03 Low Density Residential Zone and 32.03-3 Subdivision). Proposed changes to the LDRZ Schedule 1 doesn't vary this requirement. The proposed DDO8 envisages a scale of development density between 0.2 and 0.25 ha which doesn't provide sufficient capacity for onsite sewerage detention, therefore its appropriate to connect to reticulated services.
NEW provided the following additional comments in response to Council's Part C submission, which relates to the Milawa triangle and also to Oxley (the Panel invited submissions from other parties following the issue of Council's Part C submission). NEW does not currently provide reticulated water services to any areas of the Milawa township. Reticulated water supply in some parts of the township is currently provided by an independent co-operative.
NEW has capability within the existing water treatment plant (WTP) and clear water storage to accommodate the additional lots that will be covered by the DDO9, but has no plans to provide reticulated water supply services to DDO8 or DDO9 without demonstration of significant demand for NEW to provide reticulated water supply.
As advised in our September 2024 submission to Council which was considered by the Panel, sewerage infrastructure is capable of being provided to the Milawa Triangle to service additional lots of between 0.2 and 0.25ha as envisioned by the DDO8 but would attract additional negotiated New Customer Contributions (NCC's) or another form of contribution mechanism in addition to NEW's standard NCC's to facilitate the servicing of the proposed rezoned area.
NEW would require the developer to provide a sewer servicing strategy for all new subdivisions of 3 lots or more within DDO8 and DDO9 and has requested that this provision be included by Council in the planning scheme.
Any requests by a developer to connect to sewer in DDO8 or DDO9 would be subject to NEW's standard development procedures for determining the suitability of connections and sufficient capacity in the network.
The proposed size of lots in the Milawa triangle is 0.2 to 0.25 hectares in DDO8 is consistent with the lot sizes proposed in the Strategy.
Whilst the Strategy identifies water supply to be a "relative weakness rather than a specific constraint" it notes that the land is in a suitable location for growth and that the establishment of reticulated water should be further investigated.
It is true that Clause 32.03 (Low Density Residential Zone) requires the provision of reticulated sewerage on lots of 0.2 hectares and that Council is not proposing to vary this requirement through the Amendment, including in the schedule to the zone. It is also the case that lots of this size cannot adequately accommodate on-site waste treatment.
The provision of reticulated services will impose costs on developers, but it is required to facilitate expansion of the towns in a strategic manner. As Mr Morton submitted, the uptake to subdivide land may take time to occur, however, the Strategy forecasts growth over a considerable period. Although the Strategy identifies that growth will occur over the short term, the short to medium timeframe is over a 15 year period.
The Milawa triangle is a relatively large area of land, and it is appropriate to provide indicative through road connections on the plan and as the Council submits, has the benefits of providing connectivity through the land and two connecting roads, minimises direct access points onto these roads and provides multiple exit points in an emergency situation.
The Panel is satisfied that the proposed controls for the Milawa triangle will deliver a well resolved outcome, with consideration required to be given to all relevant factors at the time of subdivision. It will deliver the outcomes proposed in the Strategy.
The Panel concludes that no change is required to the proposed provisions for the Milawa triangle.
The issue is how the Amendment will affect the walking path shown on the Oxley Township Development Plan.
Council submitted that the location of the walking path on public land along the King River interface in Oxley remained the same as it did in the Oxley Township Development Plan (introduced through Amendment C67). It submitted that as part of this Amendment, there is no change to the location of the walking path or the indicative connectivity in Precinct D.
Figure 1 Extract from the Oxley Township Plan in Clause 11.01-1L-03
Mr Barclay submitted that the area is unique and is subject to erosion and flooding and raised concerns regarding the potential impacts from a walking track along the King River. Mr Barclay currently maintains the reserve, based on an existing lease arrangement.
The Amendment proposes no change to the Oxley Township Plan as it relates to trails or paths.
The Panel in Amendment C67 considered submissions raised in relation to the location of the path and concluded:
The Panel concludes that the post exhibition Amendment documents have generally rectified mapping anomalies and pedestrian and bike paths (or other associated infrastructure) are delivered through mechanisms other than the Amendment. What the Oxley TDP does is provide guidance as to where resources for open space infrastructure should be focused in the future.
The Panel concludes that no change to the walking path is required in the Amendment.
The issue is whether the proposed rezoning will affect the ability to continue to farm nearby land.
Submitter 15 was supportive of the Amendment but raised the 'right to farm' if the rezoning proceeds.
Council submitted that the rezoning of land in precinct F of the Oxley Township, does not automatically mean any existing land use will change. It said existing uses can continue, and further subdivision and development will be assessed on individual merit as part of a planning permit application.
The VPP encourages protection of agricultural land in terms of use and potential conflicts with residential uses. DDO9 also includes objectives requiring that proposed subdivisions respond, and respect adjoining farming land and the proposal includes siting larger minimum lot sizes of 1 hectare closest to the farming land.
The Panel concludes the Amendment adequately considers the interface with farming land and agricultural uses will continue to operate.
Meghan Kelly (Strategy Planner) assisted by Olivia Baker (Strategic Planner), who called expert evidence on bushfire planning from Anthony Matthews of Nexus Planning.
Response to Panel Directions on behalf of Warby Range Estate
Expert witness statement, Anthony Matthews, Nexus Planning
Amended expert witness statement, Anthony Matthews, Nexus Planning
Part C submission, including attachments
Appendix C Panel recommended version of the planning policy and DDO schedules
To facilitate the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements.
Develop sustainable communities through a settlement framework offering convenient access to jobs, services, infrastructure and community facilities.
Focus investment and growth in places of state significance in Metropolitan Melbourne and the major regional cities of Ballarat, Bendigo, Geelong, Horsham, Latrobe City, Mildura, Shepparton, Wangaratta, Warrnambool and Wodonga.
Support sustainable development of the regional centres of Ararat, Bacchus Marsh, Bairnsdale, Benalla, Castlemaine, Colac, Echuca, Gisborne, Hamilton, Kyneton, Leongatha, Maryborough, Portland, Sale, Swan Hill, Warragul/Drouin and Wonthaggi.
Ensure regions and their settlements are planned in accordance with their relevant regional growth plan.
Guide the structure, functioning and character of each settlement taking into account municipal and regional contexts and frameworks.
Provide for growth in population and development of facilities and services across a regional or sub-regional network.
Plan for development and investment opportunities along existing and planned transport infrastructure.
Promote transport, communications and economic linkages between settlements through the identification of servicing priorities in regional land use plans.
Strengthen transport links on national networks for the movement of commodities.
Deliver networks of high quality integrated settlements that have a strong identity and sense of place, are prosperous and are sustainable by:
Providing for appropriately located supplies of residential, commercial, and industrial land across a region, sufficient to meet community needs in accordance with the relevant regional growth plan.
Integrating the management of water resources into the urban environment in a way that supports water security, public health, environment and amenity outcomes.
Encourage a form and density of settlements that supports healthy, active and sustainable transport.
Limit urban sprawl and direct growth into existing settlements.
Promote and capitalise on opportunities for urban renewal and infill redevelopment.
Develop compact urban areas that are based around existing or planned activity centres to maximise accessibility to facilities and services.
Ensure retail, office-based employment, community facilities and services are concentrated in central locations.
Ensure land that may be required for future urban expansion is not compromised.
Support metropolitan and regional climate change adaption and mitigation measures.
Facilitate growth and development specifically in the regional cities of Shepparton, Wangaratta, Wodonga and Benalla.
Facilitate and strengthen the economic role of Seymour, while supporting population growth.
Support growth and development in other existing urban settlements and foster the sustainability of small rural settlements.
Support improved access to a range of employment and education opportunities, particularly in key urban locations such as Benalla, Seymour, Shepparton, Wangaratta and Wodonga.
This policy applies to all land identified in the Glenrowan Township plan.
To preserve the landscape character and develop a sense of place unique to Glenrowan.
Support development that enhances the landscape character of Glenrowan.
Support the use of selected native vegetation species in landscaping works to preserve 'bushland' character.
Require the use of low threat vegetation in areas recognised as having high bushfire risk.
Require any new installations of services to be located underground.
Promote Precinct A as the commercial hub of Glenrowan.
Facilitate opportunities to consolidate further retail and commercial tenancies, within Gladstone Street, in particular between Kate Street and Ned Street.
Direct residential development outside this precinct, unless it does not compromise its commercial nature, such as multi-unit development with limited street frontage.
Support subdivision of double-fronted lots fronting Gladstone and Hill Streets to enable commercial development to Gladstone Street and residential development to Hill Street.
Support development that respects existing scale and heritage character.
Encourage development on Gladstone Street to be built to the front boundary with active edges.
Direct future development of public and community facilities to Precinct B.
Support upgrades to public and community facilities within this precinct.
Support use and development that conserves native vegetation and avoids adverse impact on the natural bushland character.
Maintain the 'Siege Precinct' as the focus of the town and protect its immediate context.
Facilitate tourism uses and commercial development related to the 'Siege Site' and bushranger experience.
Facilitate the subdivision of large double-fronted lots.
Avoid subdivision and new development in areas of high fire risk.
Maintain the streetscape character of Beaconsfield Parade.
Support community and residential development that enhances the amenity of the public realm.
Limit development due to servicing and drainage constraints.
Encourage rural residential development with a connected street network and quality design that protects and enhances the rural character of Precinct H (a).
Support smaller lots along the Old Hume Highway transitioning to larger lots closer to the foot hills.
Protect existing servicing assets, easements and infrastructure, such as the high pressure gas pipeline and major North East Water Dam water supply.
Design a pedestrian and cycling pathway (linear public open space) to Mount Glenrowan that connects with the existing networks.
Protect the continued use of the precinct for agricultural uses.
Avoid subdivision of this precinct that results in any increase in settlement.
Re-enforce the role of Precinct I as a formal recreation area, a gateway site and community meeting point.
Support the consolidation of recreation and sporting facilities.
Support subdivision of double-fronted, undeveloped lots in Precinct J, south of Gladstone Street.
Create a pedestrian and cycling network that links the township to Fosters Lake.
This policy applies to all land identified in the Milawa Township plan.
To support development that enhances the rural character of Milawa.
Require land to be adequately drained prior to rezoning or approval resulting in intensification of development.
Direct future expansion of the township in an easterly direction to connect with the Milawa Recreation Reserve.
StrengthenthegatewaysiteatthecornerofSnowRoadandMilawa-BobinwarrahRoadbyactivating street frontages.
Avoid direct access from Snow Road for new development.
Low-density strategies - Precinct B, C, D, E(b) & F
Protect and reinforce the low density residential character of Precincts D and F.
Facilitate development that enhances connectivity within the precinct and beyond, particularly north-south and east-west connections.
Avoid development that prevents future east/west connections beyond the township boundary.
Improve connections between Milawa-Bobinawarrah Road (Factory Lane) and John Mcaleese Park.
As development occurs in Precinct F and C, support smaller lots fronting Milawa-Bobinawarrah Road (Factory Lane).
Support the establishment of a low density residential precinct in Precinct E(b) with internal north-south and east-west connectivity.
Maintain the residential character of small lots activating Milawa-Bobinawarrah Road (Factory Lane).
Reinforce the role of the Cheese Factory complex as an anchor location of the precinct.
Retain the agricultural land use within the Precinct.
Design development (including subdivision) to not prejudice or adversely impact the operation of existing businesses (such as agricultural farm gates) along the Snow Road.
Protect the primacy of agricultural uses in Precinct H until it is considered andrequired for rezoning to enable township expansion towards and linking to the Milawa Recreation Reserve.
Design future subdivisions to limit direct access to the Snow Road and Oxley Flats Road.
This policy applies to all land identified in the Oxley Township Plan and Low Density and Rural Residential Strategy.
To support development that enhances the rural character of Oxley.
To enhance the amenity and accessibility to the King River.
Support development that complements the scale and character of the township.
Design development to address the King River, including through the provision of active frontages.
Support farm gate businesses and small scale tourist attractions that are complementary to agriculture and farming.
Improve access, links and cycling connections to the King River and existing sporting facilities, particularly from Snow Road.
Create an open space reserve along the King River reserve with a shared path on public land.
Support the creation a shared path along Oxley Meadow Creek Road south of Snow Road to the Oxley Recreation Reserve.
Support Snow Road as the core business and tourism node in the township.
Facilitate re-subdivision and intensification of development of large double-fronted and undeveloped sites.
Create pedestrian links from the Snow Road to the King River.
Low-density development strategies - Precinct B-E
Support low density development at a variety of lot sizes that respond to servicing access.
Support site layout and design that allows for future intensification in Precinct B and C.
Support subdivision design with activated front edge treatments along Horseshoe Creek and public land interfaces in Precinct B.
Require sewer connection in Precinct C prior to any subdivision of land.
Prioritise development of lots closest to Macartney Street in Precinct C then progressively moving south.
Support larger lot sizes in Precincts D and E as a buffer between residential and adjoining farming uses.
As subdivision occurs in Precinct D, use open space contributions to acquire land adjacent existing public land (and located in flood plain areas) to increase existing open space, along the King River.
Support road layouts, subdivision and site layouts in Precinct E that do not preclude the potential for future road connections and residential development.
Farming Zone strategies - Precinct F(a) - North of the Snow Road
Maintain the existing agricultural activities and zoning north of the Snow Road in Precinct F(a).
Low Density Development Strategies - Precinct F(b) - South of the Snow Road
Support low density subdivision of Precinct F, South of Snow Road with a variety of lot sizes commencing at 0.2 hectares in the west and transitioning to 1 hectares lots in the East in line with the applicable schedules.
Require the creation of a minimum 320 metre wide landscaped presentation strip between the Snow Road and residential lots to support the arrival experience to the township.
Provide a safe pedestrian crossing on Snow Road between the Precinct and the pedestrian cycle link on the northern side of Snow Road.
Require sewer connection in Precinct F prior to any subdivision of land.
Prioritise development of lots closest to Macartney Street in Precinct C then progressively moving south.
Support the protection of native vegetation within the precinct and design road layouts to ensure retention as a priority.
Require an internal perimeter road around the development of the precinct to support protection from bushfire and provide an amenity buffer to adjoining farmland and major road interfaces.
Design the alignment of the perimeter road around the precinct to retain and celebrate native vegetation as a priority.
Design the any subdivision to ensure that all lots can achieve a maximum BAL of 12.5.
Design any subdivision to ensure that all lots can achieve informed and appropriate setbacks from bushfire hazard interfaces to ensure future development can achieve a radiant heat level of no greater than 12.5KW/m2.
Encourage the establishment of rural business in Precinct G.
Maintain the existing Rural Living nature of the area and avoid any further subdivision of the area.
Support pedestrian and shared pathway connectivity between Precinct H and Snow Road.
Discourage residential buildings and group accommodation.
To maintain the close links between Milawa and Oxley.
Strengthen the community infrastructure and facilities network between Oxley and Milawa.
Support the establishment of rural businesses such as farmgate sales between Oxley and Milawa.
Avoid linear extensions of residential development between Oxley and Milawa.
To create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity.
Require development to respond to its context in terms of character, cultural identity, natural features, surrounding landscape and climate.
Ensure development contributes to community and cultural life by improving the quality of living and working environments, facilitating accessibility and providing for inclusiveness.
Ensure the interface between the private and public realm protects and enhances personal safety.
Ensure development supports public realm amenity and safe access to walking and cycling environments and public transport.
Ensure that the design and location of publicly accessible private spaces, including car parking areas, forecourts and walkways, is of a high standard, creates a safe environment for users and enables easy and efficient use.
Ensure that development provides landscaping that supports the amenity, attractiveness and safety of the public realm.
Ensure that development, including signs, minimises detrimental impacts on amenity, on the natural and built environment and on the safety and efficiency of roads.
Promote good urban design along and abutting transport corridors.
To protect the visual amenity of localities and transport corridors by avoiding visual disorder and clutter.
Support signage that is well proportioned, well located and responds to the urban form and character of the area.
Encourage the appearance, size, illumination and other aspects of signs to complement the development on which they are displayed and the character of their surrounds.
Limit signage in residential areas to protect residential amenity.
Avoid use of bunting and flag signs (including for retails sales or business identification), except for the short term promotion of fairs, festivals or other special events for a maximum of three months, with the signs removed at the completion of the event.
Floodlit signs and internally illuminated signs
Allow floodlit signs only in locations where they do not form a confusing background to normal regulatory traffic signs or signals.
Avoid light spill and detrimental impacts to nearby residences and the public realm.
Locate high wall signs flush with the wall of a building.
Avoid high wall signs that project beyond the lines of a building.
Discourage major promotion signs as they are contrary to the rural character of Wangaratta Regional City, townships and their surrounds due to their size and prominence.
Discourage major promotion signs on the Great Alpine Road, being a designated tourist destination of national and international significance.
Avoid major promotion signs at gateway approaches, adjoining local and regional tourist routes, or displayed on items of local and state heritage significance.
Require major promotion signs to be fixed to a building, wholly within its boundaries and not project outside of the building footprint.
Use promotion signs only to promote activities on land on which the sign is displayed.
Scale promotion signs so as not to dominate the site on which the sign is located.
Support only one freestanding sign associated with a development (except where the size of the land is sufficient, or where the land has frontage to two or more streets).
Avoid freestanding signs of a height that projects above the roofline of the adjacent buildings.
Avoid reflective signage except where there are no visual impacts or distractions to surrounding uses as a result of the sign.
Enhance the appearance of the municipality's major gateways through prominent and distinctive built form and active frontages, urban design and landscape treatments that are innovative, environmentally sustainable and contribute to the amenity and visual appearance of the locality.
To achieve building design and siting outcomes that contribute positively to the local context, enhance the public realm and support environmentally sustainable development.
Ensure a comprehensive site analysis forms the starting point of the design process and provides the basis for the consideration of height, scale, massing and energy performance of new development.
Ensure development responds and contributes to the strategic and cultural context of its location.
Minimise the detrimental impact of development on neighbouring properties, the public realm and the natural environment.
Improve the energy performance of buildings through siting and design measures that encourage:
Restrict the provision of reticulated natural gas in new dwelling development.
Ensure the layout and design of development supports resource recovery, including separation, storage and collection of waste, mixed recycling, glass, organics and e-waste.
Encourage use of recycled and reusable materials in building construction and undertake adaptive reuse of buildings, where practical.
Encourage water efficiency and the use of rainwater, stormwater and recycled water.
Minimise stormwater discharge through site layout and landscaping measures that support on-site infiltration and stormwater reuse.
Ensure the form, scale, and appearance of development enhances the function and amenity of the public realm.
Ensure buildings and their interface with the public realm support personal safety, perceptions of safety and property security.
Ensure development is designed to protect and enhance valued landmarks, views and vistas.
Ensure development considers and responds to transport movement networks and provides safe access and egress for pedestrians, cyclists and vehicles.
Encourage development to retain existing vegetation.
Ensure development provides landscaping that responds to its site context, enhances the built form, creates safe and attractive spaces and supports cooling and greening of urban areas.
Design industrial development to provide common boundary treatments, including screening, vegetation buffers, acoustic fencing and building setbacks between conflicting land uses.
Ensure industrial development adjoining sites of heritage significance are compatible with the site's industrial heritage significance.
Design industrial development to protect any remnant native vegetation and native fauna habitat within and adjacent to industrial land.
Provide landscaping that will screen buildings, structures and carparks.
Direct or baffle lighting to minimise light spillage.
Design buildings so the overall height is below the mature tree height line where practicable.
Encourage external building cladding colours to be in muted tones with no white colour or reflective type material used.
Encourage improvement to the appearance of all industrial areas, particularly development along main roads and identified gateway sites.
Design new industrial development to locate office components to the front of the building and locate signs on the buildings.
Avoid buildings that are constructed of colorbond or metal cladding on land that fronts the following major roads:
When considering an application to use, develop or subdivide land and existing dwelling in an industrial zone, it is policy to:
15.01-2L-02 Building design in commercial areas
Encourage improvement to the appearance of all commercial areas, particularly development along main roads and identified gateway sites.
Design new commercial development to locate office components to the front of the building and locate signage on buildings.
Avoid buildings that are constructed of colorbond or metal cladding on land that fronts the following major roads:
Encourage the use of passive sustainable design principles including road and housing orientation, solar access, shading, natural ventilation, thermal mass and insulation within development.
Support innovative and new approaches to achieving environmentally sustainable development outcomes.
To ensure the design of subdivisions achieves attractive, safe, accessible, diverse and sustainable neighbourhoods.
In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by:
15.01-3L-01 Subdivision design in industrial areas
This policy applies to all land zoned Industrial 1 and Industrial 3 Zone.
Avoid layouts which back onto open space and creek reserves.
Require subdivisions to be serviced by sealed roads.
Incorporate a road hierarchy that will accommodate the anticipated traffic volume and vehicle types using a geometric layout.
Provide for convenience shops and open space in larger subdivisions.
Create lots that are regular in shape unless to avoid important natural features, to protect and enhance significant natural systems.
Incorporate large remnant trees within areas of open space or road reserves and provide street tree planting.
Create lots that enable buildings to be sited and aligned for solar efficiency.
Support layouts and open space design that incorporates:
Provide layouts that group area with shared parking access.
Separate the industrial areas from residential neighbourhoods by open space or a main road.
Avoid the expansion of dwellings near industrial uses.
15.01-3L-02 Subdivision design in commercial areas
This policy applies to all land affected by the Commercial 2 Zone.
Avoid layouts which back onto open space and creek reserves.
Require subdivisions to be serviced by sealed roads.
Incorporate a road hierarchy that will accommodate the anticipated traffic volume and vehicle types using a geometric layout.
Provide for convenience shops and open space in larger subdivisions.
Create lots that are regular in shape unless to avoid important natural features, to protect and enhance significant natural systems.
Incorporate large remnant trees within areas of open space or road reserves and provide street tree planting.
Create lots that enable buildings to be sited and aligned for solar efficiency.
Support layouts and open space design that incorporates:
All services, including underground electricity supply.
Road reserves that provide sufficient space for through-traffic, medium strips, on-street parking, garbage collection services, street tree planting, nature strips and footpaths.
Stormwater design that incorporates Water Sensitive Design treatments, including gross pollution traps and wetland filters where appropriate.
Provide layouts that group area with shared parking access.
Separate the commercial areas from residential neighbourhoods by open space or a main road.
15.01-3L Subdivision Design in Low Density Residential and Rural Living Zones
This policy applies to land subject to the Low Density Residential Zone and Rural Living Zone.
To ensure the design of subdivisions creates low density and rural living communities that are attractive, safe, accessible, diverse and sustainable.
Support subdivision and open space design that focuses on the creation of people focused streets and layouts that promotes safe and healthy environments.
Require subdivision design and layout to respond to the natural contours, features and characteristics of the land.
Design the public realm that provides a high level of amenity, is diverse and visually interesting.
Require subdivisions to respond to the current and future impacts of climate change including fire and flooding.
Ensure the built environment, streets and public open spaces are designed to minimise their contribution to the urban heat island effect and to contribute to urban cooling.
Design subdivision layouts to respond to adjoining and internal interface issues, including major roads, agricultural activities, infrastructure and flight paths.
Require the retention and protection of existing trees, and to promote further planting of new trees as a significant component of local identity and neighbourhood character.
Incorporate large remnant trees within areas of open space or road reserves and provide compleimentary street tree planting.
Design any landscaping to contain bush fire resilient species and consider any on-going management requirements.
Design road layouts to support the establishment of canopy trees that can mitigate the impacts of the urban heat island affect.
Design subdivisions to incorporate perimeter roads to separate land uses (such as accommodation) from the bushfire hazard (including grasslands) to:
Require each stage of subdivision to be developed independent of future stages and to be surrounded by perimeter roads.
Ensure adequate buffers are provided between future development and any existing development so as to not increase the bushfire risk to the existing development.
Avoid cCul-de-sacs, in particular ones that are long and service many dwellings which direct road users towards the bushfire hazard.
Consider the design, location and impact of infrastructure on the character and amenity of the subdivision, including electrical substations etc.
Require a sewer servicing strategy to be provided to North East Water for all new subdivisions of 3 or more lots in Low Density Residential Zone, Schedule 1 and Low Density Residential Zone, Schedule 2.
Support subdivision layouts and open space design that incorporates:
Require the preparation of a bushfire management plan for all subdivisions on land designated as either Bushfire Prone Area or the Bushfire Management Overlay
Require informed and appropriate setbacks from bushfire hazard interfaces to ensure future development is exposed to radiant heat no greater than 12.5KW/m2.
Require subdivisions to manage the bushfire risk to future development from existing or proposed landscaping, public open space and communal areas.
Provision is to be made for the strategic location and provision of Bushfire Neighbourhood Safe Place if required in consultation with relevant authorities.
Support the provision of reticulated water and fire hydrants where possible.
Consider the provision of static water storage on each lot proportional to the risk.
Support the provision of communal water storage to support suppression activities - irrespective of the provision of reticulated water supplies.
Support the provision of emergency service access to all static water resources.
Require all lots to be connected to reticulated sewerage and water if available.
Require subdivisions to be serviced by sealed roads.
Discourage low density residential development in areas where reticulated sewerage is not available.
Design subdivisions to mitigate against the urban heat island affect by:
To achieve neighbourhoods that foster healthy and active living and community wellbeing.
Design neighbourhoods that foster community interaction and make it easy for people of all ages and abilities to live healthy lifestyles and engage in regular physical activity by providing:
To recognise, support and protect neighbourhood character, cultural identity, and sense of place.
Support development that respects the existing neighbourhood character or contributes to a preferred neighbourhood character.
Ensure the preferred neighbourhood character is consistent with medium and higher density housing outcomes in areas identified for increased housing.
Ensure development responds to its context and reinforces a sense of place and the valued features and characteristics of the local environment and place by respecting the:
To ensure development respects valued areas of rural character.
Ensure that the siting, scale and appearance of development protects and enhances rural character.
Protect the visual amenity of valued rural landscapes and character areas along township approaches and sensitive tourist routes by ensuring new development is sympathetically located.
Site and design development to minimise visual impacts on surrounding natural scenery and landscape features including ridgelines, hill tops, waterways, lakes and wetlands.
Discourage the use of reflective or white coloured building, cladding or roofing material.
SCHEDULE 8 TO CLAUSE 43.02 DESIGN AND DEVELOPMENT OVERLAY
To ensure that development positively contributes to the built environment by providing high quality, attractive subdivision outcomes that support the establishment of a low density community that is attractive, safe, accessible, and sustainable.
To ensure neighbourhood character is considered in the future development of the Milawa Triangle.
To ensure residential development prioritises the retention of native and significant vegetation to contribute to the character.
To ensure that new subdivisions are appropriately serviced with road and stormwater drainage infrastructure.
A permit is not required to construct a building or construct or carry out works for the following:
A permit to subdivide land must meet the following requirements:
Tree protection zones must be established during the construction phase of new subdivision to ensure the protection of existing vegetation.
The following application requirements apply to an application for a permit under Clause 43.02, in addition to those specified elsewhere in the scheme and must accompany an application, as appropriate, to the satisfaction of the responsible authority:
The following decision guidelines apply to an application for a permit under Clause 43.02, in addition to those specified in Clause 43.02 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority:
SCHEDULE 9 TO CLAUSE 43.02 DESIGN AND DEVELOPMENT OVERLAY
To support the expansion of the township of Oxley by providing lot sizes consistent with the existing low density township character and transitioning to the surrounding farmland.
To ensure neighbourhood character is considered in the future development of this precinct in Oxley.
To ensure that development of the precinct responds and respects key interfaces including the major tourist route of the Snow Road and surrounding farm land.
To ensure residential development prioritises the retention of native and significant vegetation to contribute to the on-going character and biodiversity of the area.
To ensure that new subdivisions are adequately serviced with infrastructure including road and stormwater drainage infrastructure.
A permit is not required to construct a building or construct or carry out works for the following:
An application to subdivide land must meet the following requirements:
Support a variety of lot sizes transitioning from 0.2 and 0.4 hectares in the West to 1 hectare lots in the Eastern portion of the site as outlined in Map 1 to this Schedule.
All new lots must be designed to have direct street frontage
Design subdivisions to avoid layouts that create battle-axe lots.
Design the layout of any new subdivision to maximise the retention of existing native and significant vegetation to ensure that they continue to contribute to the character of the area.
Incorporate large remnant trees within areas of open space or road reserves and provide complimentary street tree planting including the use of bushfire resilient species.
Design road layouts to support the establishment of canopy trees that can mitigate the impacts of the urban heat island affect.
Tree protection zones must be established during the construction phase of new subdivision to ensure the protection of existing vegetation.
Vegetation should be maintained to ensure bushfire risk does not increase over time.
Snow Road and adjoining Farming land interfaces
Subdivision design must include the creation of a minimum 30 metre wide landscaped presentation strip along the sites entire Snow Road frontage, measured to northern side of the future internal perimeter road.
The presentation strip must be designed and landscaped to support the arrival experience to the township of Oxley, including the use of bushfire resilient species.
Avoid the creation of vehicular access to the Snow Road and direct estate access to the Oxley-Meadow Creek Road.
Require all lots to be connected to reticulated sewer and water.
Require an internal perimeter road around the development of the precinct to support protection from both bushfire hazards (including grasslands) and also provide an amenity buffer to adjoining farmland and major road interfaces. This road will:
Cross-linking roads should be provided within the subdivision to provide at least two ways in and out.
Avoid the creation of cul-de-sacs within any subdivision design.
New road access must be located so as to promote and provide for connectivity between existing roads where possible, while minimising impacts on existing dwellings and associated residential infrastructure.
Require pedestrian and cycling links within the subdivision design including around the estates perimeter road.
Require the design of subdivisions to demonstrate and achieve:
Require emergency vehicle access to each lot and static water supply in accordance with the requirements of Table 4 and Table 5 to Clause 53.02-5.
Require staged subdivision to implement a logical staging and maintenance plan that avoids leapfrogging to reduce the level of bushfire exposure of newly developed land from undeveloped stages.
Ensure that the design of development does not result in any increase in bushfire risk to existing development.
Proposed C83wang The following application requirements apply to an application for a permit under Clause 43.02, in addition to those specified elsewhere in the scheme and must accompany an application, as appropriate, to the satisfaction of the responsible authority:
Proposed C83wang The following decision guidelines apply to an application for a permit under Clause 43.02, in addition to those specified in Clause 43.02 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority:
The ability of the subdivision design to provide the opportunity for the retention of existing native and significant vegetation, including the ability for complementary plantings.