NOTICE OF AN APPLICATION FOR PLANNING PERMIT...AQ823064X 15/03/2018 ENCUMBRANCES, CAVEATS AND...

NOTICE OF AN APPLICATION FOR PLANNING PERMIT

PLANNING AND ENVIRONMENT REGULATIONS 2005 Form 2

Section 52 (Planning & Environment Act 1987)

The land affected by the application is located at:

2301 Midland Highway SPRINGMOUNT VIC 3364 CA 3 SEC M PSH PSH

The application is for a permit for:

Use and development of the land for a community facility

The applicant for the permit is: Kaufmann Property Consultants

The application reference number is: PA 2208

You may look at the application and any documents that support the application at the office of the responsible authority:

Municipal Offices: Hepburn Shire Council Customer Services Building Corner Duke and Albert Streets, Daylesford Planning Department - Ph: 03 5348 1577

Planning applications may also be viewed on Council's web site under tab 'Statutory Planning'.

Follow the link to 'Applications on Advertising'.

This can be done during office hours and is free of charge. Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority. An objection must * be sent to the Responsible Authority in writing, * include the reasons for the objection, and * state how the objector would be affected.

The Responsible Authority will not decide on the application before:

22 / 3 / 2019

If you object, the Responsible Authority will tell you of its decision.

PLANNING & ENVIRONMENT ACT 1987

HEPBURN PLANNING SCHEME

This document is made available

for the sole purpose of enabling

its consideration and review as

part of a planning process under

the Planning & Environment Act 1987

The document must not be used

for any purpose which may

break any copyright.

VOLUME 04882 FOLIO 370 Security no : 124074394436L Produced 15/10/2018 11:51 AM

LAND DESCRIPTION

Crown Allotment 3 Section M Parish of Spring Hill.PARENT TITLE Volume 01067 Folio 316Created by instrument 1177805 30/07/1924

REGISTERED PROPRIETOR

Estate Fee SimpleSole Proprietor CHILD AND FAMILY SERVICES BALLARAT INC of 115 LYDIARD STREET BALLARAT VIC 3350 AQ823064X 15/03/2018

ENCUMBRANCES, CAVEATS AND NOTICES

For details of any other encumbrances see the plan or imaged folio set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE TP373649V FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------------------------END OF REGISTER SEARCH STATEMENT------------------------

Additional information: (not part of the Register Search Statement)

Street Address: "THE TANGLED MAZE" 2301 MIDLAND HIGHWAY SPRINGMOUNT VIC 3364

DOCUMENT END

Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the CopyrightAct 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the timeand in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication orreproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958

Page 1 of 1

Title 4882/370 Page 1 of 1











Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Land Use Victoria.

Document Type Plan

Document Identification TP373649V

Number of Pages

(excluding this cover sheet)

1

Document Assembled 15/10/2018 12:22

Copyright and disclaimer notice:© State of Victoria. This publication is copyright. No part may be reproduced by any process exceptin accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Saleof Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and inthe form obtained from the LANDATAÂ® System. The State of Victoria accepts no responsibility forany subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.











TOWN PLANNING REPORT Use of land for a Community Facility and Associated Buildings and Works

2301 Midland Highway, Springmount

16 October 2018 AMENDED 4 February 2019

Prepared by Ka uf ma nn Pro per ty Co ns u lta nts 141 Wendouree Parade, Lake Wendouree

(03) 5332 4591 I [email protected]

On behalf of:











mailto:[email protected]

TABLE OF CONTENTS

INTRODUCTION .................................................................................................................... 1

EXECUTIVE SUMMARY ........................................................................................................... 1

SITE & LOCATION DESCRIPTION ............................................................................................... 5

PROPOSAL .......................................................................................................................... 7

ZONE & OVERLAYS ............................................................................................................... 9

5.1 Rural Conservation Zone ....................................................................................................................... 9

5.2 Environmental Significance Overlay - Schedule 1 (ESO1)..................................................................... 11

GENERAL & PARTICULAR PROVISIONS ..................................................................................... 13

6.1 Clause 52.06 Car Parking .................................................................................................................... 13

6.2 Clause 65 – Decision Guidelines. ......................................................................................................... 15

6.3 Response to Decision Guidelines (Clause 65) ...................................................................................... 16

RELEVANT POLICY............................................................................................................... 16

7.1 Planning Policy Framework (PPF) ........................................................................................................ 16

7.2 Local Planning Policy Framework (LPPF) ............................................................................................. 18

7.3 Local Policies ...................................................................................................................................... 19

7.4 Response to the Relevant Policies....................................................................................................... 20

ABORIGINAL CULTURAL HERITAGE .......................................................................................... 21

CONCLUSION ..................................................................................................................... 22

Image 1 Location Plan ................................................................................................................................................ 5

Image 2 Site Aerial Plan ............................................................................................................................................... 6











TOWN PLANNING REPORT | CAFS Midland Hwy, Springmount

Page | 1 of 23. 16 October 2018 Amended 4 February 2019

I n t r o duc t io n

E x ec ut i v e Summa r y

This planning report supports the application for a Planning Permit for the Use of

land for a Community Facility and Associated Buildings and Works.

Approval was originally sought for a Host Farm and Group Accommodation for Child

and Family Services Ballarat Inc (CAFS) at 2301 Midland Highway, Springmount

however in response to Council’s letter dated 14 November 2018, the application

has been amended.

Proposed Amendment Use of land for a Community Facility and Associated

Buildings and Works.

Location 2301 Midland Highway, Springmount

Applicant Kaufmann Property Consultants

141 Wendouree Parade, Lake Wendouree

(03) 5332 4591 I [email protected]

Zone Rural Conservation Zone (RCZ)

Overlay Environment Significance Overlay (ESO1)

Land Size 3.2 hectares (approx.)

Permit Triggers Rural Conservation Zone (RCZ)

Environment Significance Overlay (ESO1)













Amended Application

Council has raised concerns with the proposal description which was referred to as

“Proposed Host Farm & Group Accommodation and Associated Buildings and

Works”

We agree with Council that the proposed use of the land could better be described

as an innominate land use based on the various activities sought as part of the

proposal. We also acknowledge that, pursuant to Clause 73.03 of the Hepburn

Planning Scheme that ‘a term describing a use or activity in relation to land which is

not listed in the table must not be characterised as a separate use of land if the term

is obviously or commonly included within one or more of the terms listed in the

table.’

In this case, given the proposed activities are broad, therefore the proposal

description should acknowledge this and approval be sought for an innominate land

use (which is or course an undefined use).

Accordingly, we submit that given the facility will be open to the community and will

comprise of various activities for the community, the proposal description should

more appropriately be referred to as a Community Facility. We therefore wish to

amend the application description to be:

Use of land for a Community Facility and Associated Buildings and Works.

The extent of these community activities is explained in this Planning Report and the

plans accompanying the application.

The proposal

Currently the site has a number of approvals including a Function Centre,

Restaurant/Café, an Indoor Activity Centre, Place of Assembly and an existing

dwelling on the site, all of which have operated in the past, with some functions of

the site ceasing.













The proposal seeks to re-establish the site as a therapeutic Care Farm, providing a

vital service for the community. The proposal will create a safe environment

supporting at-risk and vulnerable people in the greater Ballarat Region. The Care

Farm provides social and educational care for at risk people through supervised and

structured programs.

CAFS will be actively engaging with the community to develop the CAFS Care Farm

with its many vital benefits. CAFs intention is to use local caterers for functions

which would be decided once the priorities for the site and its functions are

confirmed.

CAFS CARE Farm

The care farm will host multidisciplinary teams, ensuring that a unique service mix

can be delivered to children and families in a range of settings, depending on their

needs and requirements. Over time, many at risk children and families have lost

connection with the natural environment, animals and outside activities. These days

there is a growing body of evidence to support the benefits of involvement with

nature animal and green exercise.

The purpose of the report is to:

• Explain the proposal.

• Provide a written response to the planning permit triggers and explain how

the proposal meets the purpose statement and relevant decision guidelines

identified in the Hepburn Planning Scheme.

• Provide an assessment of the proposal against the State and Local Planning

Policy Framework as relevant to this application.

This report demonstrates that the proposal is an acceptable planning outcome

which does not impact on the amenity of surrounding properties. The proposed use

provides an important community service and place for families and vulnerable

people in the Hepburn and greater Ballarat Region to visit in a safe and happy

environment. To this end, the proposal provides a unique and exciting opportunity

for the community.

An assessment of the proposal against the provisions of the Hepburn Planning

Scheme, reveals that the proposal is appropriate for this area and complies with all

relevant requirements and therefore this report recommends that a Planning Permit

be issued.













S i t e & Lo c at i o n D es c r i p t io n

The Site

The site gains access off Smokeytown Road, with close proximity to the Midland

Highway.

Currently the site has a number of approvals including a Function Centre,

Restaurant/Café, an Indoor Activity Centre, Place of Assembly and an existing

dwelling on the site, all of which have operated in the past, with some functions of

the site ceasing.

Image 1 Location Plan

Subject Site













Site shape, size, orientation and easements

The site is triangular in shape and has a site area of approximately 3.2 hectares.

All services are connected or available to the site. There are no restrictions or legal

agreements which would impact on Council’s ability to approve this proposal.

The use of surrounding land

Surrounding properties consist of rural and farming activities with a mix of lifestyle

properties.

Street frontage features such as poles, street trees and kerb crossovers

The site gains access off Smokeytown Road, with close proximity to the Midland

Highway. There are no street tress or power poles which would be impacted by this

proposal.

Image 2 Site Aerial Plan













P r o po sa l

The proposal seeks to re-establish the site Use of land for a Community Facility and

Associated Buildings and Works. The proposal will create a safe environment

supporting at-risk and vulnerable people in the greater Ballarat Region. The Care

Farm provides social and educational care for at risk people through supervised and

structured programs.

In summary the proposal involves a Community

• The primary use is Host Farm and Group Accommodation.

• Function area for CAFS

• Animal care paddock.

• Therapeutic wetlands

• Dads shed

• Maze

• Minigolf and glamping

• Ball court.

• Various landscaping as shown on the landscape plans.

Background

CAFS is a community support organisation providing critical support for at risk

persons in the community. CAFS have undertaken a significant amount of research

into the benefits of such facilities (including overseas) and consider such a

revolutionary facility will clearly benefit the greater region.

CAFS will be actively engaging with the community to develop the CAFS Care Farm

with its many vital benefits. CAFs intention is to use local caterers for functions which

would be decided once the priorities for the site and its functions are confirmed. At

this point there is an existing permit for a Function Centre at the site, and any

functions would be carried out in accordance with the current permit.













Proposal

This proposal is for Use of land for a Community Facility and Associated Buildings.

It is the intention of CAFS to provide short term accommodation (overnight or

weekly) on the site for approximately 12 clients via the construction of three

detached Group Accommodation buildings.

The existing main building will be converted to include an ancillary Wellness Clinic

Sensory space, gathering space, art therapy, research area, 3 Consulting Rooms,

Offices, Multi-Purpose Room and Training Room.

Whilst it is not CAFS intention to run a tourist facility, the facility will be open from

time to time for the community. For example the function centre could be hired out,

the wonderful rose garden made available for public viewing, etc.

An area for ‘Glamping’ is also provided which includes three permanent tents on the

site to be used for clients and their families.

As part of the activities, client can interact with farm animals, this will include (but

not limited to) approximately:

• 20 Chickens

• 4 Ducks

• 12 Guinea fowl

• 6 - Pet Rabbits

• 4 – Goats

• 6 – Sheep

• 4 – Miniature Cattle

• 4 – Bee Hives

Dad’s Shed

Dad’s shed takes clients to a neutral environment and allows family type activities to

be undertaken in the shed and is an extension of ‘Dad’s Toolbox’ existing program.

1 – 2 staff will work in the shed at any one time, and possibly a parent and maybe 3-

4 children. Two (2) car spaces will be provided next to the building for Dad’s shed.













Z o ne & Ov er l ay s

The site is located under the Rural Conservation Zone under the Hepburn Planning

Scheme. The site is also affected by an Environmental Significance Overlay Schedule

1.

5.1 Rural Conservation Zone

Clause 35.06 RCZ Purpose:

• To implement the Municipal Planning Strategy and the Planning Policy

Framework.

• To conserve the values specified in a schedule to this zone.

• To protect and enhance the natural environment and natural processes for their

historic, archaeological and scientific interest, landscape, faunal habitat and

cultural values.

• To protect and enhance natural resources and the biodiversity of the area.

• To encourage development and use of land which is consistent with sustainable

land management and land capability practices, and which takes into account the

conservation values and environmental sensitivity of the locality.

• To provide for agricultural use consistent with the conservation of environmental

and landscape values of the area.

• To conserve and enhance the cultural significance and character of open rural and

scenic non urban landscapes.













5.1.1 Response to the Zone

With reference to the relevant decision guidelines of the zone and the general matters to be considered include the SPPF and LPPF along with any matters set out in a schedule to the zone, the proposal achieves a high level of planning support. Having regard to the sites location and characteristics, including the existing use of the land, it is considered that the proposal accords with the purpose of the zone. In terms of the decision guidelines, there are a series of matters that need to be considered. These are addressed below: General issues The site has a long history of being used for a non-agricultural use and has the capability to accommodate the proposed use and development. The proposal seeks to protect and enhance the environmental, agricultural and landscape qualities of the site and its surrounds and will not adversely impact on adjoining land uses. Rural issues An integrated landscape plan has been prepared which outlines all existing and proposed activities. There are no impacts on the existing and proposed infrastructure and the proposal will not have an adverse impact on surrounding land uses. Environmental issues There is no environmental impact on the biodiversity and in particular the flora and fauna of the area. The protection and enhancement of the natural environment of the area, including the retention of vegetation and the need to revegetate land is acknowledged and forms part of the proposal as shown on the landscape plan. Dwelling issues The proposal does not result in the loss or fragmentation of productive agricultural land and it will not be affected by agricultural activities on adjacent and nearby land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of operation. Importantly, the proposal will not adversely affect the operation and expansion of adjoining and nearby agricultural uses. Design and siting issues The proposal sits comfortably within the landscape with regard to siting, design, height, bulk, and colours and materials to be used and minimises adverse impacts on the character and appearance of the area.













5.2 Environmental Significance Overlay - Schedule 1 (ESO1)

Proclaimed Catchment Protection

Statement of environmental significance

Hepburn Shire is situated in the Central Highlands at the source of a number of

catchments linked to Port Phillip Bay or the Murray River. Protection of the quality of

this water has significant local and regional implications, especially where these

catchments provide domestic water supply.

5.2.1 Response to the ESO

Before deciding on an application the Responsible Authority must consider:

• Any comments of the relevant water authority. Response: It is understood this application will be referred to the water authority for comment.

• The slope, soil type and other environmental factors including the potential for pollution of waterways and ground water. Response: The proposal will not result in the pollution of waterways or ground water.

• The need to maintain water quality at a local and regional level. Response: Noted.













• The possible effect of the development on the quality and quantity of water in local watercourses, storages, creeks and springs, including the impact on nutrient levels. Response: The proposal will not result in the pollution of waterways or ground water.

• The preservation of and impact on soils and the need to prevent erosion. Response: The site is not impacted by erosion although it is noted the proposal involves significant landscaping.

• The need to prevent or reduce the concentration or diversion of stormwater. Response: The proposal will not result in the concentration or diversion of stormwater.

• The need to retain vegetation which prevents or limits adverse effects on ground water recharge. Response: The site is not affected by salinity however vegetation will be retained were possible as shown on the landscape plan.

Please refer to the Land Capability Assessment prepared by Provincial Geotechnical Pty Ltd submitted with this application which at Part 6 concludes sustainable onsite wastewater management is feasible with appropriate mitigation measures, as outlined, for a future residential development of 3 No. 4 bedroom dwellings on the allotment. Specifically, it is recommended that:

• Secondary treatment of wastewater by an EPA-accredited treatment system;

• Location of Land Application Area within the specific envelope nominated (ie: the Land Application Area must be more than 30m upslope of the dam on site);

• Land application of treated effluent to a suitably sized subsurface irrigation area (which may be subdivided into two or more evenly sized zones using an indexing or sequencing valve);

• Installation of water saving fixtures and appliances in the new residence to reduce the effluent load;

• Use of low phosphorus and low sodium (liquid) detergents to improve effluent quality and maintain soil properties for growing plants; and

• Operation and management of the treatment and disposal system in accordance with manufacturer’s recommendations, the EPA Certificate of Approval, the EPA Code of Practice (2016) and the recommendations made in this report.













G ener a l & P a r t i cu l a r Pr o v i s i o ns

6.1 Clause 52.06 Car Parking

Car parking requirements are set out at Clause 52.06 of The Planning Scheme. In

accordance with 52.06-1, a new use must not commence or the floor area of an

existing use must not be increased until the required car spaces have been provided

on the land. The table at Clause 52.06-5 sets out the number of car spaces required

for uses not covered by a parking precinct plan or another clause.

The purpose of the clause is to, among other things, ensure the provision of an

appropriate number of car spaces, to ensure that the design and location of car

parking areas does not affect the amenity of the locality, in particular the amenity of

pedestrians and other road users and to protect the role and function of nearby

roads.

It is noted that there is no set car parking rate in the Table 1: Car Parking

Requirements for the proposal. As such in accordance with 52.06-6 the number of

car parking spaces required for other uses not specified in Table 1 must be provided

to the satisfaction of the Responsible Authority.

6.1.1 Response to the Car Parking Provisions

Car Parking Demand Assessment At least 32 defined car parking spaces are provided along with other informal parking opportunities on site. It is envisaged that up to 26 persons will be onsite each day, and one day per month there may be up to 160 persons onsite. The current Occupancy Permit for the site is for 200 persons. Accordingly, the usage of the site will be considerably less than that provided in the past. At least 32 defined car parking spaces are provided along with other informal parking opportunities on site. In relation to the use of the site, as per Clause 52.06 of the Planning Scheme, the uses of the site are not specifically listed in Table 1 at Clause 52.06. The proposal provides more carparking than previously existed at the site.













Given the way the site will be managed and the expected number of visitors and staff, it is considered that this provision is appropriate. With consideration to Clause 52.06-7, the following is noted:

Demand Assessment (Clause 52.06-7)

Response

The likelihood of multi-purpose trips within the locality which are likely to be combined with a trip to the land in connection with the proposed use.

The site is located where multi-purpose trips is possible however it is not replied upon for this proposal.

The variation of car parking demand likely to be generated by the proposed use over time.

The car parking demand generated by the proposal is unlikely to change over time. This is supported by the size of the building and operational needs of CAFS.

The short-stay and long-stay car parking demand likely to be generated by the proposed use.

Car parking provision will be equally shared as part of this proposal.

The availability of public transport in the locality of the land.

The site is not located near public transport routes. The site and surrounding area are car dependent.

The convenience of pedestrian and cyclist access to the land.

The site is not easily accessible for pedestrian and cyclists however this is not relevant for this proposal.

The provision of bicycle parking and end of trip facilities for cyclists in the locality of the land.

The site is able to accommodate bicycle parking however this is not required by the proposed use.

The anticipated car ownership rates of likely or proposed visitors to or occupants (residents or employees) of the land.

All vehicles will be individually owned. The car parking demand generated by the development is comparable to the number of spaces provided on site.

Any empirical assessment or case study.

An empirical assessment or case study has not been undertaken.













Car Parking Assessment (Clause 52.06-9)

Response

Design Standard 1 – Accessways

The existing access to the site has been designed in accordance with this standard.

Design Standard 2 – Car Parking Spaces

Car parking spaces meet the required dimensions as specified in Table 2: Minimum dimensions of car parking spaces.

Design Standard 3 – Gradients

The site is level.

Design Standard 4 – Mechanical Parking

Not applicable.

Design Standard 5 – Urban Design

The parking area is existing and has been designed in accordance with previously approved permits.

Design Standard 6 – Safety

The parking areas are existing, and are appropriate designed and lit for safety.

Design Standard 7 – Landscaping

The car park areas are existing and sufficiently incorporate landscaping.

6.2 Clause 65 – Decision Guidelines.

The responsible authority must decide whether the proposal will produce

acceptable outcomes in terms of the decision guidelines of this clause. To assist

Clause 65 details a number of decision guidelines for guidance, some of these

include:

• The matters set out in Section 60 of the Act.

• The State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning

policies.

• The purpose of the zone, overlay or other provision.

• Any matter required to be considered in the zone, overlay or other provision.

• The orderly planning of the area.

• The effect on the amenity of the area.

• The proximity of the land to any public land.













• Whether the proposed development is designed to maintain or improve the

quality of storm water within and exiting the site.

6.3 Response to Decision Guidelines (Clause 65)

It is submitted that the proposal will accord with the planning of the area, and

will not affect the character or amenity of the locality. The proposal has been

designed to appropriately respond to the site of the area and provide an

orderly planning outcome.

Minimal vegetation is required to be removed, except for a cyprus hedge

adjacent to the existing residence, as part of the proposal and there are not

considered to be any adverse environmental impacts. Please refer to the

The Land Capability Assessment prepared by Provincial Geotechnical Pty Ltd

submitted with this application confirms the sites ability to treat and manage

waste water.

R e l ev a nt Po l i c y

7.1 Planning Policy Framework (PPF)

Relevant policies include:

• Clause 11 – Settlement

• Clause 12 – Environmental and Landscape Values

• Clause 13 – Environmental Risk and Amenity

• Clause 14 – Natural Resource Management

• Clause 15 – Built Environment and Heritage

• Clause 16 – Housing

• Clause 17 – Economic Development

• Clause 18 – Transport

• Clause 19 – Infrastructure

Clause 11.01 Victoria

Objective

To promote the sustainable growth and development of Victoria and deliver choice

and opportunity for all Victorians through a network of settlements.













Strategies include (among other things):

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.

Clause 12.01-1S Protection of biodiversity

Objective

To assist the protection and conservation of Victoria’s biodiversity.

Clause 12.03-1S River corridors, waterways, lakes and wetlands

Objective

To protect and enhance river corridors, waterways, lakes and wetlands.

Clause 12.05-2S Landscapes

Objective

To protect and enhance significant landscapes and open spaces that contribute to

character, identity and sustainable environments.

Clause 13.02-1S Bushfire planning

This policy must be applied to all planning and decision making under the Planning

and Environment Act 1987 relating to land that is:

• Within a designated bushfire prone area;

• Subject to a Bushfire Management Overlay; or

• Proposed to be used or developed in a way that may create a bushfire hazard.

Clause 13.05-1S Noise abatement

Objective

To assist the control of noise effects on sensitive land uses. Strategy Ensure that

development is not prejudiced and community amenity is not reduced by noise

emissions, using a range of building design, urban design and land use separation

techniques as appropriate to the land use functions and character of the area.

Clause 13.06-1S Air quality management

Objective

To assist the protection and improvement of air quality.

Clause 14.02-1S Catchment planning and management

Objective

To assist the protection and restoration of catchments, water bodies, groundwater,

and the marine environment.













Clause 14.02-2S Water quality

Objective

To protect water quality.

Clause 14.02-3S Water conservation

Objective

To ensure that water resources are managed in a sustainable way.

Clause 15.01-1S Urban design

Objective

To create urban environments that are safe, healthy, functional and enjoyable and

that contribute to a sense of place and cultural identity.

Clause 15.01-4S Healthy neighbourhoods

Objective

To achieve neighbourhoods that foster healthy and active living and community

wellbeing.

Clause 19.02-1S Health facilities

Objective

To assist the integration of health facilities with local and regional communities.

Clause 19.02-4S Social and cultural infrastructure

Objective

To provide fairer distribution of and access to, social and cultural infrastructure.

7.2 Local Planning Policy Framework (LPPF)

Clause 21.03 Vision and Strategic Framework

The Hepburn MSS draws upon the principles and key actions within the Corporate

Plan. The key objectives of the Corporate Plan are:

• Maintain and enhance the unique social, cultural, environmental and

heritage characteristics of the Shire.

• Provide for effective economic management of the Shire's key resources and

assets.

• Seek to maximize advantages for the community from the agricultural,

forestry and tourism resources offered across the Shire.

Clause 21.08 Rural Land Use & Agriculture













Key Issues

• Rural land provides an attractive landscape and environmental setting in

many parts of the Shire.

• Protection of high quality agricultural land from encroachment of urban land

uses.

• Maintenance of rural land holdings with a potential for productive

agricultural uses, including new and emerging rural enterprises.

• Lifestyle preferences including rural living opportunities changing the

traditional agricultural potential of large rural areas of the Shire and leading

to fragmentation of productive agricultural land.

• Scattered and unplanned rural living development needs to be managed and

an adequate supply of ‘rural residential’ land provided, according to demand

and supply projections, to avoid loss of productive agricultural land to non-

productive land use.

Clause 21.09 Environment & Heritage

Key Issues

• The entire Shire is within water supply catchments. The maintenance of

water quality and the quantity of water, in a local and regional context is

critical in these areas.

• Protecting vegetation and habitat areas, including grasslands, streams and

associated riparian zones and enhancing the linkages between these areas.

• Protecting the quality of groundwater, particularly the aquifers associated

with mineral springs.

• Addressing the management of landscapes and landscape features,

including the identification and protection of significant trees.

• Recognition of the large number of cultural heritage assets, neighbourhoods

of strong residential character and landscapes within the Shire.

• Protecting people, assets and the environment from the threat of wild fire

7.3 Local Policies

Clause 22.01 Catchment and Land Protection

Objectives

• To ensure the sustainable use of natural resources including soil and water

in water catchment areas.

• To promote the maintenance of significant habitat and habitat diversity.













• To ensure that the use and development of land and water is undertaken

with consideration of impacts on long term resource quality and quantity.

• To promote consistency with regional catchment strategies and other

regional land and water management plans.

• To manage the accumulative effect of unsewered development in water

supply catchments

Clause 22.04 Rural Land

Agricultural Uses and Development

• To promote the long-term sustainable use of high and very high quality

agricultural land and the maintenance of clusters of agricultural activity in

these areas.

• To support local employment and value adding opportunities in rural areas.

• To protect the natural and physical resources upon which agricultural

industries rely.

• To promote agricultural industries which are ecologically sustainable and

incorporate best management practices.

• To prevent the unsustainable use of agricultural land which results in the

loss of the quantity and quality of natural resources and limits the realisation

of its full productive potential.

• To limit subdivision of land that will be incompatible with the utilisation of

land for sustainable resource use.

Rural Amenity

• To ensure that rural amenity is not adversely affected by use or development

in the rural areas.

• To ensure that the use and development of land does not conflict with

adjoining and nearby agricultural uses.

7.4 Response to the Relevant Policies

At a state level, the proposal is considered to achieve a raft of policies. In terms of local policies on rural land use and agriculture, the protection of high quality agricultural land from encroachment of urban land uses and the maintenance of rural land holdings with a potential for productive agricultural uses are identified as key issues. In relation to this proposal, it is important to recognise that the site has a long non-agricultural land use and will not impact on agricultural activities in the area. The size of the site, presence of existing buildings and its abuttal to a major road also means that it is not possible to be used for any viable agricultural uses at least in terms of traditional agriculture.













Socially, the proposed use provides an important community service and place for families and vulnerable people in the Hepburn and greater Ballarat Region to visit in a safe and happy environment. To this end, the proposal provides a unique and exciting opportunity for the community. It is considered that the proposal has been designed to complement the area. This is demonstrated in the landscape plan and other plans forming part of the application. The proposal has responded well to its opportunities and constraints of the site including general design and car parking/access. It is policy to ensure development is sensitively designed and sited to maintain and enhance environmental assets, significant views and landscapes and the proposed layout achieves this outcome. The proposal does not impact on any natural processes. In relation to bushfire hazards, the proposal is not considered to represent a significant risk particularly given its access to a major road in the event of evacuation. Overall the proposal is considered to represent an ideal re-use of the site for a community purpose which will not impact on the natural or agricultural values of the area. In fact the proposal is considered to build on and enhance these values and provide a net community benefit.

A bo r i g i na l C u l t ur a l Her i t a ge

The Aboriginal Heritage Regulations 2007 which specify the circumstances in which

a Cultural Heritage Management Plan is required for an activity or class of activity.

Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt

activities which do not require a Cultural Heritage Management Plan.

The site is not located within an area of cultural heritage sensitivity therefore a

Cultural Heritage Management Plan is not required in this instance.













C o nc l us i o n

It is considered that the proposal appropriately responds with the requirements of

the Hepburn Planning Scheme and as discussed, the proposal is considered to accord

with the State Planning Policy Framework, Local Planning Policy Framework,

including the Municipal Strategic Statement.

The proposal clearly achieves broad policy support as discussed above as it will

facilitate a much needed service for the community without have any adverse

impact on the significant landscape which the site is located in.

All matters required to be considered including building design, access, amenity

impacts, environmental impacts and opportunities have been considered and it is

concluded that the proposal achieves an acceptable level of compliance.

It is therefore recommended that a Planning Permit be issued.

Kaufmann Property Consultants











NOTICE OF AN APPLICATION FOR PLANNING PERMIT...AQ823064X 15/03/2018 ENCUMBRANCES, CAVEATS AND...

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