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Small Rural Lots Report Attachments

FARMING ZONE PAGE 1 OF 7

35.07 FARMING ZONE

Shown on the planning scheme map as FZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planning policies.

To provide for the use of land for agriculture.

To encourage the retention of productive agricultural land.

To ensure that non-agricultural uses, particularly dwellings, do not adversely affect theuse of land for agriculture.

To encourage use and development of land based on comprehensive and sustainable landmanagement practices and infrastructure provision.

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

35.07-1 Table of uses

Section 1 – Permit not required

Use Condition

Agriculture (other than Animalkeeping, Apiculture, Intensive animalhusbandry, Rice growing and Timberproduction)

Animal keeping (other than Animalboarding)

Must be no more than 5 animals.

Bed and breakfast No more than 6 persons may beaccommodated away from their normal place ofresidence.

At least 1 car parking space must be providedfor each 2 persons able to be accommodatedaway from their normal place of residence.

Cattle feedlot Must meet the requirements of Clause 52.26.

The total number of cattle to be housed in thecattle feedlot must be 1000 or less.

The site must be located outside a specialwater supply catchment under the Catchmentand Land Protection Act 1994.

The site must be located outside a catchmentarea listed in Appendix 2 of the Victorian Codefor Cattle Feedlots – August 1995.

Dependent person’s unit Must be the only dependent person’s unit onthe lot.

Must meet the requirements of Clause 35.07-2.

Dwelling (other than Bed andbreakfast)

Must be the only dwelling on the lot.

The lot must be at least the area specified in aschedule to this zone. If no area is specified,the lot must be at least 40 hectares.

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Use Condition


Home occupation

Informal outdoor recreation

Minor utility installation

Railway

Timber production Must meet the requirements of Clause 52.18.

The plantation area must not exceed any areaspecified in a schedule to this zone. Any areaspecified must be at least 40 hectares.

The total plantation area (existing andproposed) on contiguous land which was in thesame ownership on or after 28 October 1993must not exceed any scheduled area.

The plantation must not be within 100 metresof:

Any dwelling in separate ownership.

Any land zoned for residential, business orindustrial use.

Any site specified on a permit which is inforce which permits a dwelling to beconstructed.

The plantation must not be within 20 metres ofa powerline whether on private or public land,except with the consent of the relevantelectricity supply or distribution authority.

Tramway

Any use listed in Clause 62.01 Must meet requirements of Clause 62.01.

Section 2 – Permit required

Use Condition

Animal boarding

Broiler farm Must meet the requirements of Clause 52.31.

Car park Must be used in conjunction with another use inSection 1 or 2.

Cattle feedlot – if the Section 1condition is not met

Must meet the requirements of Clause 52.26.

The site must be located outside a catchmentarea listed in Appendix 2 of the Victorian Codefor Cattle Feedlots – August 1995.

Cemetery

Community market

Crematorium

Dependent person’s unit – if theSection 1 condition is not met

Dwelling (other than Bed andbreakfast) – if the Section 1 conditionis not met


Emergency services facility


Use Condition

Freeway service centre Must meet the requirements of Clause 52.30.

Freezing and cool storage

Group accommodation Must be used in conjunction with Agriculture,Outdoor recreation facility, Rural industry, orWinery.

Must be no more than 6 dwellings.

Host farm

Intensive animal husbandry (otherthan Broiler farm and Cattle feedlot)

Interpretation centre

Leisure and recreation (other thanInformal outdoor recreation andMotor racing track)

Manufacturing sales

Place of assembly (other thanCarnival and Circus)

Must not be used for more than 10 days in acalendar year.

Primary produce sales

Renewable energy facility (other thanWind energy facility)


Residential hotel

Restaurant

Must be used in conjunction with Agriculture,Outdoor recreation facility, Rural industry, orWinery.

Rice growing

Rural industry

Rural store

Saleyard

Store (other than Freezing and coolstorage and Rural store)

Must be in a building, not a dwelling, and usedto store equipment, goods, or motor vehiclesused in conjunction with the occupation of aresident of a dwelling on the lot.

Timber production – if the Section 1condition is not met


Transfer station The use must cover no greater than 500m² andmust not accept construction and demolition orcommercial and industrial waste.

Utility installation (other than Minorutility installation andTelecommunications facility)

Veterinary centre

Wind energy facility Must meet the requirements of Clause 52.32.

Winery

Any use listed in Clause 62.01


Section 3 – Prohibited

Use

Accommodation (other than Dependent person’s unit, Dwelling, Groupaccommodation, Host farm and Residential hotel)

Industry (other than Rural industry and Transfer station)

Motor racing track

Retail premises (other than Community market, Manufacturing sales, Primaryproduce sales and Restaurant)

Warehouse (other than Store)

Any other use not in Section 1 or 2

35.07-2 Use of land for a dwelling

A lot used for a dwelling must meet the following requirements:

Access to the dwelling must be provided via an all-weather road with dimensionsadequate to accommodate emergency vehicles.

The dwelling must be connected to a reticulated sewerage system or if not available,the waste water must be treated and retained on-site in accordance with the StateEnvironment Protection Policy (Waters of Victoria) under the EnvironmentProtection Act 1970.

The dwelling must be connected to a reticulated potable water supply or have analternative potable water supply with adequate storage for domestic use as well as forfire fighting purposes.

The dwelling must be connected to a reticulated electricity supply or have analternative energy source.

These requirements also apply to a dependent person’s unit.

35.07-3 Subdivision

A permit is required to subdivide land.

Each lot must be at least the area specified for the land in a schedule to this zone. If noarea is specified, each lot must be at least 40 hectares.

A permit may be granted to create smaller lots if any of the following apply:

The subdivision is to create a lot for an existing dwelling. The subdivision must be atwo lot subdivision. An agreement under Section 173 of the Act must be entered intowith the owner of each lot created which ensures that the land may not be furthersubdivided so as to create a smaller lot for an existing dwelling. The agreement mustbe registered on title.

The subdivision is the re-subdivision of existing lots and the number of lots is notincreased. An agreement under Section 173 of the Act must be entered into with theowner of each lot created which ensures that the land may not be further subdividedso as to increase the number of lots. The agreement must be registered on title.

The subdivision is by a public authority or utility service provider to create a lot for autility installation.

35.07-4 Buildings and works

A permit is required to construct or carry out any of the following:

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A building or works associated with a use in Section 2 of Clause 35.07-1. This doesnot apply to:

An alteration or extension to an existing dwelling provided the floor area of thealteration or extension is not more than the area specified in a schedule to thiszone or, if no area is specified, 50 square metres. Any area specified must be morethan 50 square metres.

An out-building associated with an existing dwelling provided the floor area ofthe out-building is not more than the area specified in a schedule to this zone or, ifno area is specified, 50 square metres. Any area specified must be more than 50square metres.

An alteration or extension to an existing building used for agriculture provided thefloor area of the alteration or extension is not more than the area specified in theschedule to this zone or, if no area is specified, 100 square metres. Any areaspecified must be more than 100 square metres. The building must not be used tokeep, board, breed or train animals.

A rainwater tank.

Earthworks specified in a schedule to this zone, if on land specified in a schedule.

A building which is within any of the following setbacks:

The setback from a Road Zone Category 1 or land in a Public Acquisition Overlayto be acquired for a road, Category 1 specified in a schedule to this zone or, if nosetback is specified, 50 metres.

The setback from any other road or boundary specified in a schedule to this zone.

The setback from a dwelling not in the same ownership specified in a schedule tothis zone.

100 metres from a waterway, wetlands or designated flood plain.

35.07-5 Application requirements for dwellings

An application to use a lot for a dwelling must be accompanied by a written statementwhich explains how the proposed dwelling responds to the decision guidelines fordwellings in the zone.

35.07-6 Decision guidelines

Before deciding on an application to use or subdivide land, construct a building orconstruct or carry out works, in addition to the decision guidelines in Clause 65, theresponsible authority must consider, as appropriate:

General issues

The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.

Any Regional Catchment Strategy and associated plan applying to the land.

The capability of the land to accommodate the proposed use or development,including the disposal of effluent.

How the use or development relates to sustainable land management.

Whether the site is suitable for the use or development and whether the proposal iscompatible with adjoining and nearby land uses.

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Agricultural issues

Whether the use or development will support and enhance agricultural production.

Whether the use or development will permanently remove land from agriculturalproduction.

The potential for the use or development to limit the operation and expansion ofadjoining and nearby agricultural uses.

The capacity of the site to sustain the agricultural use.

The agricultural qualities of the land, such as soil quality, access to water and accessto rural infrastructure.

Any integrated land management plan prepared for the site.

Dwelling issues

Whether the dwelling will result in the loss or fragmentation of productiveagricultural land.

Whether the dwelling is reasonably required for the operation of the agriculturalactivity conducted on the land.

Whether the dwelling will be adversely affected by agricultural activities on adjacentand nearby land due to dust, noise, odour, use of chemicals and farm machinery,traffic and hours of operation.

Whether the dwelling will adversely affect the operation and expansion of adjoiningand nearby agricultural uses.

The potential for the proposal to lead to a concentration or proliferation of dwellingsin the area and the impact of this on the use of the land for agriculture.

Environmental issues

The impact of the proposal on the natural physical features and resources of the area,in particular on soil and water quality.

The impact of the use or development on the flora and fauna on the site and itssurrounds.

The need to protect and enhance the biodiversity of the area, including the retentionof vegetation and faunal habitat and the need to revegetate land including riparianbuffers along waterways, gullies, ridgelines, property boundaries and saline dischargeand recharge area.

The location of on-site effluent disposal areas to minimise the impact of nutrientloads on waterways and native vegetation.

Design and siting issues

The need to locate buildings in one area to avoid any adverse impacts on surroundingagricultural uses and to minimise the loss of productive agricultural land.

The impact of the siting, design, height, bulk, colours and materials to be used, on thenatural environment, major roads, vistas and water features and the measures to beundertaken to minimise any adverse impacts.

The impact on the character and appearance of the area or features of architectural,historic or scientific significance or of natural scenic beauty or importance.


The location and design of existing and proposed infrastructure including roads, gas,water, drainage, telecommunications and sewerage facilities.

Whether the use and development will require traffic management measures.

35.07-7 Advertising signs

Advertising sign requirements are at Clause 52.05. This zone is in Category 4.

Notes: Refer to the State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement, for strategies and policieswhich may affect the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

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June 2004Advisory Note

What are the new zones for RuralVictoria and where will they apply?

The new rural zones consist of a new Farming Zone, anew Rural Activity Zone, the new Rural ConservationZone (already introduced in the VPP) and a revisedRural Living Zone.

The Farming Zone will replace the existing RuralZone. The Rural Activity Zone is a new zone whichcaters for areas where agriculture and other activitiescan co-exist. The Rural Conservation Zone will replacethe Environmental Rural Zone and the Rural LivingZone has been upgraded.

The new zones for rural Victoria

How will the new zones be applied toland?

The Farming Zone replaces the Rural Zone and theRural Conservation Zone replaces the EnvironmentalRural Zone. Extensive strategic justification is notrequired to apply these zones where the zone isapplied to land already zoned Rural or EnvironmentalRural. Councils are encouraged to apply the newzones immediately to benefit from the improvedprovisions.

The application of the Rural Activity Zone will requirea planning scheme amendment. The normal strategicjustification and amendment process will apply.

What are the main features of the newzones?

Purposes

The main feature of the Farming Zone is itsrecognition of agriculture as the dominant land use inrural Victoria. The purpose of the zone articulates theencouragement of agriculture as a future sustainableland use. Most agricultural uses do not need aplanning permit. Agricultural uses that require apermit will need to consider the environmental effectsand potential land use conflicts with surroundingagricultural uses.

The Rural Activity Zone is designed to be applied toselected areas where agricultural activities and otherland uses can co-exist. A wider range of tourism,commercial and retail uses may be considered in thezone. Agriculture has primacy in the zone, but otheruses may be established if they are compatible withthe agricultural, environmental and landscapequalities of the area.

The Rural Conservation Zone will protect and enhancethe natural environment for its historic,archaeological, scientific, landscape, faunal habitatand cultural values. Agriculture is allowed in the zoneprovided it is consistent with the environmental andlandscape values of the area.

New Zones for Rural Victoria

This advisory note provides informationand advice about:

§ The introduction of the new ruralzones into the Victoria PlanningProvisions (VPP).

§ The amendment to Clause 17.05 ofthe State Planning Policy Framework.

§ The application of the zones to ruralland.

Farming Zone Replaces the Rural Zone. Themain zone for agricultural areas.

Rural ActivityZone

A new zone providing flexibility foragriculture and other land uses toco-exist.

RuralConservationZone

Replaces the Environmental RuralZone. The main zone for areaswith significant environmentalconsiderations (also applies ingreen wedge areas).

Rural LivingZone

Upgrades the existing zone. Themain zone for rural residentialareas.

The revised Rural Living Zone provides for residentialuse in a rural environment. While the zone provides foragricultural activities the amenity of residential livingmust be protected.

Subdivision

The Farming Zone provides the ability to create a smalllot for one existing dwelling. Subject to a permit, thisone-off opportunity is conditional on a Section 173Agreement under the Planning and Environment Act1987 being entered into - to ensure that the land is notfurther subdivided beyond the lot size specified in theschedule to the zone. This is to prevent serial excisionseroding the primary agricultural purpose of the zone.

Buildings and works

For alterations and extensions to existing dwellings orbuildings used for agriculture, councils can specify abuilding area below which a permit is not required. Thisallows councils to remove permit requirements forbuildings and works that have no significant planningimpact.

Councils can also schedule in appropriate alternatives tothe standard setbacks within which buildings require apermit.

The new zones do not control farm dams. The WaterAct 2001 requires licensing for particular dams in ruralareas.

Application requirements for dwellings

Planning permit applications for dwellings in theFarming Zone now require the submission of a writtenstatement explaining how the proposal responds tocertain Decision Guidelines in the zone.

What other changes were made byAmendment VC24?

Clause 17.05 of the State Planning Policy Frameworkhas been amended to remove reference to ‘high quality’agriculture and to focus on the protection of productiveagricultural land.

The Low Density Residential Zone has been amendedso that a minimum lot size for subdivision greater than0.4 hectares can be scheduled in. This will enable thebroader application of the zone so long as the Minister’sDirection No. 6, Rural Residential Development and thenormal strategic considerations are met.

When will the new zones come intoeffect?

Amendment VC24 introduced the new zones into theVPP. The changes to the Rural Living Zone and LowDensity Residential Zone came into effect withAmendment VC24.

The Farming Zone, the Rural Conservation Zone andthe Rural Activity Zone are now available in the VPP.These three zones will not apply to any land until localplanning schemes are amended. Councils areencouraged to apply the zones immediately to takeadvantage of the new provisions. Alternatively, councilsare expected to apply the zones as part of their threeyearly review of the Municipal Strategic Statement.

www.dse.vic.gov.au/planning

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© State of Victoria, Department of Sustainabilityand Environment 2004

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Authorised by the Victorian Government, 8Nicholson Street, East Melbourne.

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Applying the rural zones

The purpose of this Practice Note is to provide guidance to planning authorities about:

• the strategic work required to apply the Farming Zone, Rural Activity Zone, Rural Conservation Zone and Rural Living Zone, and

• the purposes and features of each zone and where they may be applied.

The Practice Note seeks to ensure that the most appropriate rural zones are used to achieve a planning authority’s rural strategic planning objectives.

New zones for rural VictoriaThe rural areas of Victoria accommodate a range of farming, residential and commercial uses and contain many of the State’s significant natural resources, such as native vegetation, minerals and water. They also provide important resources for recreation, tourism and timber production.

In 2004, new zones for rural Victoria were introduced into the Victoria Planning Provisions (VPP) that:

• recognise the State, regional and local importance of farming as an industry and provide greater protection for productive agricultural land

• provide a wider choice of zones with clear purposes and controls to match

• discourage ad hoc and incompatible use and development

• recognise the changing nature of farming and reduce the potential for conflict between farming and other, more sensitive, land uses

• recognise that rural areas are places where people live and work

• recognise and protect rural areas that are environmentally sensitive.

The new zones were introduced:

• in response to concern that the existing rural zones do not adequately recognise the importance of farming and have led to increased land use conflicts by allowing a range of non-farming uses in rural areas

• to enable important strategic objectives relating to agriculture and rural land to be met more effectively.

The new zones are the Farming Zone, Rural Activity Zone and Rural Conservation Zone and a revised Rural Living Zone.

VPP PRACTICe noTe MARCh 2007

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The changing nature of farming

The nature of farming in Victoria is changing in ways that require careful consideration. It is:

• Becoming more diverse. Farming in Victoria is constantly changing and expanding in response to changing world and domestic consumption patterns and the need to remain profitable and sustainable.

• Becoming more industrialised. Modern farming practices may involve the use of heavy machinery and large scale irrigation and plant equipment, all-hours operation, and the application of chemicals and fertilizers.

• Intensifying. Intensive farming enterprises, such as aquaculture, poultry farms and horticulture are growing in numbers and in their contribution to the economy.

• Aggregating. In western Victoria particularly, farms are becoming bigger to achieve the economies of scale for farm investment and to maintain productivity.

• Undergoing social change. More farmers are taking on off-farm work, the economic value of off-farm work is increasing, and there is a shift from full-time to part-time farming in some rural areas.

More changes in farming structures and practices are expected due to drier climatic conditions and growing community pressure for more efficient water use by all industries.

At the same time, more people are seeking to live in rural areas for a range of social, environmental and economic reasons. As a result, in some rural areas:

• There is more competition for rural land, which is affecting rural land prices and the capacity of farmers to expand their businesses and maintain productivity.

• There is renewed interest in part-time small-scale farming.

• More people are living in rural areas for lifestyle reasons not related to farming. This increases the potential for land use conflicts because people pursuing a rural lifestyle often have amenity expectations that conflict with modern farming practices.

• Local rural economies are diversifying, as rural land is used for more diverse purposes (such as tourism or recreation).

For a more detailed analysis of the changing social structure of rural Victoria, refer to the report Understanding Rural Victoria (neil Barr et. al, Department of Primary Industries, April 2005).

Victoria’s changing rural landscape requires planning authorities to think strategically about their farming areas and rural settlement patterns, so that sustainable farming is promoted and potential conflicts between farming and other land uses are avoided.

Strategic planning for rural areasSound strategic planning for rural areas is essential to ensuring that land use and development achieves the planning authority’s vision, objectives and desired outcomes for an area. It can help ensure that:

• Use and development in rural areas fits into the overall strategic planning of the municipality.

• Farmland and farming industries of State, regional or local significance are protected.

• housing development in rural areas is consistent with the housing needs and settlement strategy of an area.

• Future use of existing natural resources, including productive agricultural land, water, and mineral and energy resources, is sustainable.

• Scarce resources, such as water, are protected.

• Social networks and infrastructure essential to rural communities are maintained.

• existing visual and environmental qualities of rural areas are protected.

• Conflicts between farming and other land uses are avoided.

• The most appropriate planning scheme tools (for example, the right rural zone) are used to achieve strategic planning objectives.

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State Planning Policy FrameworkThe State Planning Policy Framework (SPPF) provides the broad framework for rural policies and provisions in the planning scheme. Relevant policies in the SPPF include:

Clause 11.0�-� Management of resources

• Planning is to assist in the conservation and wise use of natural resources including…land…to support both environmental quality and sustainable development over the long term through judicious decisions on the location, pattern and timing of development.

Clause 16.0� Rural living and rural residential development

• Rural living zoned land should be located close to existing towns and urban centres, but not in areas required for fully serviced urban development, and be provided with appropriate infrastructure.

• Land should not be zoned for rural living if it will encroach on high quality productive farmland or adversely affect waterways or other natural resources.

Clause 17.04 Tourism

• Tourism development that maximises employment opportunities and long-term economic, social and cultural benefits to the State is encouraged.

• Tourist facilities should have suitable transport access and be compatible with the assets and qualities of surrounding urban and rural activities and cultural and natural attractions.

Clause 17.05 Agriculture

• Productive farmland of strategic significance in the local or regional context should be protected.

• The unplanned loss of productive farmland due to permanent changes of land use should be avoided.

• Permanent removal of productive agricultural land from the State’s agricultural base must not be undertaken without consideration of its economic importance for the agricultural production and processing sectors.

• Planning should support effective agricultural production and processing infrastructure, rural industry and farm-related retailing.

• Subdivision of productive agricultural land should not detract from the long-term productive capacity of the land.

Clause 17.06 Intensive animal industries

• The establishment and expansion of intensive animal industries should be facilitated in a manner consistent with orderly and proper planning and protection of the environment.

Clause 17.07 Forestry and timber production

• The establishment, management and harvesting of plantations, harvesting of timber from native forests and the development of forest based industries are to be facilitated.

• Timber production activities should be environmentally sustainable.

A range of other policies in the SPPF may be relevant to strategic planning for rural land depending on the natural resources and land use characteristics of the area. These include protection of catchments, waterways and groundwater (Clause 15.01), salinity (Clause 15.03), coastal areas (Clause 15.08), and conservation of native flora and fauna (Clause 15.09).

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Applying a new rural zone or making adjustments to an existing rural zone should be underpinned by clearly expressed planning policies in the planning scheme. If a proposed change is at odds with the existing policy framework, either a different planning tool or approach should be used or the policy framework itself might need re-assessment.

The existing SPPF and Local Planning Policy Framework (LPPF) in the planning scheme should be the starting point for deciding whether the council’s strategic objectives are still valid and sound, or whether new strategic work is required. Many councils have already undertaken strategic planning, policies and resource management studies for their rural areas and used this work to articulate rural strategic objectives in their Municipal Strategic Statements (MSS).

new strategic work may not be required if the existing MSS addresses the key rural land use issues and adequately reflects the planning outcomes that the council wants to achieve. The scheme may already contain a sufficient strategic basis for applying a new rural zone or making adjustments to an existing rural zone.

however, if the MSS objectives are no longer relevant, they do not provide clear guidance for decision-making, or there are strategic gaps, new strategic work for a part or parts of the municipality may be required.

Before commencing new strategic work, the council should review the policy components of its planning scheme, past and present council strategic work, relevant studies prepared by government departments and agencies, relevant recommendations of planning panels and past planning scheme review recommendations. This will help to establish whether new strategic work is required, the scope of the strategic work and the main issues to be focussed on.

There is no prescribed content or format for a rural strategy or study, however it should:

• Develop a vision, role and purpose for the rural area.

• Identify the values and features within the rural area.

• Identify the key opportunities and constraints.

• establish a strategic direction for land use and development within the rural area.

• Articulate how the strategic vision for the rural area is to be implemented through the planning scheme.

The information used to develop the strategy should be tailored to suit the area. In general it should include an assessment of:

• The State, regional and local strategic planning policies and objectives for the area. This should include relevant regional strategies, such as the Great Ocean Road Region Strategy 2004 and regional catchment strategies.

• The housing needs of the municipality and likely future trends. This is particularly relevant if one of the aims of the strategy is to provide for rural living development.

• The physical attributes of the land and its capacity to support productive agricultural uses. These attributes include soil type, climate, vegetation cover, access to water, slope and drainage.

• Agricultural trends in the area, including agricultural productivity, changes in farming practices and processes, and farm investment patterns.

• The natural resources and environmental features in the area and their importance. These features include flora and fauna, significant habitats, wetlands, scenic landscapes and sites of archaeological or cultural significance.

• environmental hazards that could affect how the land is used and developed, such as erosion, salinity, flooding and wildfire risk.

• The existing lot size and land use patterns.

• Infrastructure available for agriculture and other relevant land uses.

• Settlement patterns in the area.

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Implementing rural strategic objectivesA planning authority may need to use a number of VPP tools to successfully implement its rural strategic objectives. There are circumstances where more than one zone or overlay will be needed to deliver the desired outcome. Councils should think laterally about the mix of policies and controls required to achieve their objectives, and be prepared to consider using a range of tools.

In deciding which rural zone should apply, the following principles should be considered:• The zone should support and give effect to the SPPF.• The zone should broadly support all policy areas in the MSS (for example, economic, housing, environmental and

infrastructure policy).• The rationale for applying the zone should be clearly discernible in the LPPF.• The zone should be applied in a way that is consistent with its purpose.• The requirements of any applicable Minister’s Direction must be met.

The existing size or pattern of allotments in an area should not be the sole basis for deciding to apply a particular zone. For example, it is not appropriate to decide that the Rural Living Zone should be applied to an area simply because it comprises small lots. Traditionally, farms have comprised multiple allotments, sometimes contiguous, sometimes in different locations. The fact that an area may comprise many lots does not mean that it cannot be used productively or should not be included in a zone that supports and protects farming. Many factors will determine the suitability of an area for farming, rural living, rural industry or rural conservation.

Local planning policy

Wide discretion is available in the rural zones, particularly the Rural Activity Zone and Rural Living Zone. To guide the exercise of this discretion and fully implement their strategic objectives, the planning authority should consider whether a Local Planning Policy (LPP) is necessary. An LPP can help to establish realistic expectations about how land in an area may be used and developed, and provide the responsible authority with a sound basis for making consistent, strategic decisions. Refer to the Planning Practice Note Writing a Local Planning Policy (1999) for more guidance on using local planning policies.

The zones in detailThe four zones may be summarised as follows:

• Farming Zone – a zone that is strongly focussed on protecting and promoting farming.

• Rural Activity Zone – a mixed use rural zone that caters for farming and other compatible land uses.

• Rural Conservation Zone – a conservation zone that caters for rural areas with special environmental characteristics.

• Rural Living Zone – a zone that caters for residential use in a rural setting.

The Zone Purposes

Although the purposes of the four rural zones are similar in some respects, there are differences between them. The zone purposes are set out over the page. All of the zones provide for the use of land for agriculture; however while it is implicit in the purpose of the Farming Zone and Rural Activity Zone that farming will be a primary land use activity, in the Rural Conservation Zone and Rural Living Zone, farming is subordinate to other land uses or the environmental values of the land.

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Farming Zone Purpose

• To implement the SPPF and the LPPF, including the MSS and local planning policies.

• To provide for the use of land for agriculture.• To encourage the retention of productive

agricultural land.• To ensure that non-agricultural uses, particularly

dwellings, do not adversely affect the use of land for agriculture.

• To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

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

Rural Activity Zone Purpose


• To provide for the use of land for agriculture.• To provide for other uses and development, in

appropriate locations, which are compatible with agriculture and the environmental and landscape characteristics of the area.

• To ensure that use and development does not adversely affect surrounding land uses.



Rural Conservation Zone Purpose


• To provide for agricultural use consistent with the conservation of environmental and landscape values of the area.


• To protect and enhance the natural environment and natural processes for their historic, archaeological and scientific interest, landscape, faunal habitat and cultural values.

• To conserve and enhance the cultural significance and character of open rural and scenic non urban landscapes.

Rural Living Zone Purpose


• To provide for agricultural uses which do not adversely affect the amenity of surrounding land uses.

• To provide for residential use in a rural environment.

• To protect and enhance the natural resources, biodiversity and landscape and heritage values of the area.


What are the main features of each zone?

Farming Zone

The Farming Zone is primarily concerned with keeping land in agricultural production and avoiding land uses that could limit future farming or constrain agricultural activities. In this zone:• Farming is the dominant land use and all other land uses are subordinate to farming.• Farming uses are encouraged to establish and expand with as little restriction as possible, subject to proper

safeguards for the environment.• non-farm dwellings and land uses not related to farming are discouraged, to reduce their impact on decision-

making by farmers to make land purchases for farm investment.• Farm-related tourism and retailing uses may be considered.• Uses that could lead to the loss or fragmentation of productive agricultural land, or which could be adversely

affected by farming activities, are prohibited.• Land subdivision that could take farmland out of production or limit future farming productivity is discouraged.• The minimum lot size for subdivision may be tailored to suit the farming practices and productivity of the land.

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Productive agricultural land

Productive agricultural land generally has one or more of the following characteristics:• suitable soil type• suitable climatic conditions• suitable agricultural infrastructure, in particular

irrigation and drainage systems• a present pattern of subdivision favourable for

sustainable agricultural production.

The basic physical characteristics of the land, such as soil type and climate, access to water, and infrastructure are critical to determining the agricultural use of land and whether agricultural productivity can be sustained in the future. however, productivity is also affected by many other factors, including market demand, access to suitable storage and transport facilities, access to efficient processing and value adding capability, availability of technology, the skills of the farmer, research and development, access to capital, marketing, effective industry support, availability of land for expansion and farm labour costs.

Productive agricultural land is a finite resource that makes a significant contribution to the economy of the State and individual municipalities. Its significance is recognised in Clause 17.05 of the SPPF which seeks to:• ensure that the State’s agricultural base is

protected from the unplanned loss of productive agricultural land due to permanent changes of land use; and

• enable protection of productive farmland which is of strategic significance in the local or regional context (emphasis added).

Productive agricultural land should be clearly identified and protected in the planning scheme. If the protection and retention of this land for agricultural production is of primary strategic importance, then it should be included in the Farming Zone.

The Farming Zone is designed to encourage diverse farming practices, some of which can have significant off-site impacts. For this reason, the level of amenity that can be expected in this zone will usually not be compatible with sensitive uses, particularly housing.

Land uses are strictly controlled in the zone to avoid potentially incompatible uses establishing in farming areas, and to limit the proliferation of non-farming uses. Some non-farming uses may be considered if they are in conjunction with a specified farming activity (see box below) or meet certain limitations on size or scale (such as Group accommodation, Residential hotel and Restaurant). however, in general, there is an expectation that a non-farming use will only be permitted if it has a functional nexus with the agricultural use on the land, is compatible with agricultural uses in the immediate area, and will not remove land from agricultural production.

Land used ‘in conjunction with’ another use

Under Clause 64.02 of the planning scheme, if a provision of the scheme provides that a use must be used ‘in conjunction with’ another use of the land:• there must be an essential association between

the two uses; and• the use must have a genuine, close and

continuing functional relationship in its operation with the other use.

Industrial uses other than Rural industry, Warehouse uses other than Store, and most types of Retail premises are prohibited in the zone. Any use that is not specifically included in Sections 1 or 2 of the table of uses in the zone is also prohibited.

In reaching a decision on proposals in this zone, the responsible authority must give significant weight to the farming productivity of the land and the relevance of the proposal to farming. There is an expectation that decisions will be made in favour of protecting and supporting farming. In relation to agricultural issues, the responsible authority must consider:• whether the use or development will support and

enhance agricultural production• whether the use or development will permanently

remove land from agricultural production• the potential for the use or development to limit the

operation and expansion of adjoining and nearby agricultural uses

• the capacity of the site to sustain the agricultural use• the agricultural qualities of the land, such as

soil quality, access to water and access to rural infrastructure

• any integrated land management plan prepared for the site.

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In relation to dwellings, the responsible authority must also consider:• whether the dwelling will result in the loss or

fragmentation of productive agricultural land• whether the dwelling is reasonably required for the

operation of the agricultural activity conducted on the land

• whether the dwelling will be adversely 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

• whether the dwelling will adversely affect the operation and expansion of adjoining and nearby agricultural uses

• the potential for the proposal to lead to a concentration or proliferation of dwellings in the area and the impact of this on the use of the land for agriculture.

The zone’s strong focus on farming does not mean that there should be little or no consideration of the impact of farming on the environment. The zone encourages farming based on comprehensive and sustainable land management practices and a planning permit is required to establish or expand certain farming enterprises. however, in these cases, the focus of the responsible authority’s decision will usually be on whether off-site impacts that may result from the proposal are reasonable for a farming area.

Rural Activity Zone

The main feature of the Rural Activity Zone is the flexibility that it provides for farming and other land uses to co-exist. In this zone:• The zone purpose and provisions support the

continuation and growth of farming but provide the opportunity for non-farming uses to be considered in appropriate locations.

• A wider range of tourism, commercial and retail uses may be considered, compared to the Farming Zone and Rural Conservation Zone.

• Farming uses are encouraged to establish and expand, subject to proper safeguards for the environment and amenity considerations.

• A planning permit is always required to use land for a dwelling.

Because the mix of uses that may be considered in the Rural Activity Zone is wide-ranging, the planning scheme should be clear about:• what the planning authority wants to achieve in the

area where the zone is to be applied, and• how discretion in the zone will be exercised.

This can be done by:• setting out clear objectives for the zone and

explaining how discretion in the zone will be exercised in the LPPF, or

• including a purpose statement in the schedule to the zone. If this option is chosen, the statement should be inserted above the table setting out minimum and maximum areas, it should not repeat or contradict the SPPF and LPPF, and it should be more specific than the zone purpose.

If the planning scheme is clear about what is to be achieved in the zone, this will enable the responsible authority to make decisions on a consistent, strategic basis and avoid land use conflicts in the future.

A purpose statement in the schedule to the zone may describe:• desired or preferred mix of land uses• desired or preferred locations for particular land uses• preferred approaches for managing off-site land use

impacts• a specific need that a proposal should meet.

A good purpose statement should have local colour, be grounded in reality, and help the responsible authority to make planning decisions, for example:

To achieve a mix of nature-based recreation facilities and tourist accommodation that complements the wilderness values of Gumnut National Park and is compatible with organic food production activities in the area.

The mix of uses that a planning authority may want to encourage in the zone could include:• farming, rural industry and associated agribusiness

uses• farming and tourist facilities• intensive animal husbandry and associated rural

processing industries• nature-based tourism and recreation facilities• agricultural and environmental education and

research facilities.

The application of the Rural Activity Zone does not mean that protecting or maintaining farming activities will be of low importance. The zone caters for a wide range of farming activities, including intensive animal husbandry, rural processing industries and timber production, and a planning authority may want to apply the zone to encourage a particular mix of farming and non-farming activities. however, the needs of farmers will need to be balanced with the council’s other planning objectives for the area.

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The mix of uses that is encouraged in the zone should complement the environmental and landscape values of the land, and support the council’s overall urban and rural settlement strategies. It would be inappropriate to apply the zone to encourage a rural mixed use area if the land is required for urban development in the future, or if the particular uses would be better located in an existing town, where there is access to a wider range of urban services and infrastructure.

The zone should not be mistaken for a quasi rural residential zone. housing is only one of a number of uses that may be considered in the zone, and, in some circumstances, it may be incompatible with the particular mix of uses that the planning authority is seeking to achieve.

Tourism

Rural Victoria is home to many trails, transport routes and nature-based attractions that have strong tourist appeal and create demand for recreation and tourism facilities and services. Tourism can promote and facilitate economic activity that supports aspects of regional and rural life. For example, farm stays, cellar door sales and the sales of local produce support agriculture.

A range of small to medium sized farming-related tourism uses may be considered in the Farming Zone (such as farm stays, restaurants, taverns, and farm produce sales). however, if a planning authority is keen to facilitate the establishment of larger scale tourism uses or a more diverse mix of tourism and recreation uses, the Rural Activity Zone may be the most appropriate zone to apply.

In deciding to apply the Rural Activity Zone to facilitate tourism in an area, matters to be considered include:• the need to protect the agricultural,

environmental and cultural values of the area• the scale and mix of tourism and recreation uses

to be encouraged• whether there are opportunities to build alliances

between tourism business operators, farmers, food and wine producers and trail network managers

• the product and infrastructure needs of tourists and the local community

• requirements for the siting, planning and design of tourism facilities.

In reaching a decision on proposals in the Rural Activity Zone, the responsible authority must consider whether the use or development will support and enhance agricultural production and other matters relating to protecting and enhancing farming. however, the weight that is given to these considerations will need to be balanced with other social, environmental or economic objectives and policies identified for the land in the scheme.

The schedule to the Rural Activity Zone requires the planning authority to nominate an appropriate minimum lot size. This will vary depending on the physical attributes of the land, the type of agricultural activities being encouraged and the mix of non-farming land uses being sought. The minimum lot size should promote effective land management practices and infrastructure provision and could be large or small.

Rural Conservation Zone

The Rural Conservation Zone is primarily concerned with protecting and conserving rural land for its environmental features or attributes. The conservation values of the land must be identified in the schedule to the zone and could be historic, archaeological, landscape, ecological, cultural or scientific values. In this zone:• All uses are subordinate to the environmental values

of the land.• Farming is allowed provided that it is consistent with

the environmental values of the area.• The minimum lot size for subdivision is tailored to suit

the environmental features and values of the land.

Land use and development is strictly controlled in the zone to safeguard the natural environment and conserve the identified environmental qualities of the land. Some uses may only be considered if they are in conjunction with a specified farming activity or meet certain limitations on size or scale (such as Group accommodation, Residential hotel and Restaurant). Most agricultural uses require a planning permit. In general, there is an expectation that a proposal will only be permitted if it conserves the values identified for the land, the site is environmentally capable of sustaining the proposal, and it is compatible with surrounding land uses.

Industrial uses other than Rural industry, Warehouse uses other than Store, most types of Retail premises, and Intensive animal husbandry are prohibited in the zone. Any use that is not specifically included in Sections 1 or 2 of the table of uses in the zone is also prohibited.

10

Rural Living Zone

This zone provides for residential use in a rural environment. It is designed to cater for lots in a rural setting that are large enough to accommodate a dwelling and a farming use. The farming use is likely to be carried on for reasons other than the need to provide a significant source of household income.

The requirements of Minister’s Direction No. 6 Rural Residential Development must be met when applying this zone.

In this zone:• It is not essential that a dwelling be genuinely

associated with a farming use of the land.• Some farming may take place on the land, however

this will not always be the case.• Residents have a reasonable expectation that their

amenity will be protected.• A wider range of tourism, commercial and retail uses

may be considered in the zone.

Although the Rural Living Zone is catering primarily for residential use, the allotment size and subdivision layout should provide the opportunity for farming activities to occur, without adversely affecting the natural environment or the amenity of surrounding land uses. This means that the minimum lot size could be quite large.

If the planning authority’s objective is to encourage rural residential development at densities that are defacto large residential lots or which would preclude farming activities, then it should consider applying the Low Density Residential Zone.

Because of the zone’s primarily residential function, a planning authority must be able to show that using the Rural Living Zone is part of its strategy to provide appropriate housing diversity and choice to meet housing needs.

In the Rural Living Zone, development must be provided with certain community infrastructure and services normally expected for residential areas. This is why land uses that are normally located in urban areas may be considered in the zone. These uses need to be considered carefully, to ensure that the zone does not become an unplanned urban area and farming on adjacent land is not compromised.

For more information about the key strategic and land capability requirements that a proposed Rural Living rezoning must meet refer to General Practice Note Rural Residential Development Guidelines (october 2006).

Potable water supply catchment areas

A potable water supply catchment provides water resources to a reservoir used primarily for domestic water supply purposes. Special water supply catchment areas are listed in Schedule 5 of the Catchment and Land Protection Act 1994.

There are two types of potable water supply catchments. An ‘open’ catchment is where part or all of the catchment area is in private ownership and access to the catchment is unrestricted. A ‘closed’ catchment means that the whole of the catchment area is publicly owned and public access is prohibited.

Water authorities do not have direct control over land use and development in open, potable water supply catchments, however because of the risks to public health, all use and development should be sited and managed to protect the quality of water collected from the catchment. Residential development and agriculture particularly have the potential to impact adversely on water quality through the discharge of contaminated run-off and wastes, nutrient contributions or sediment to waterways.

To protect water quality in open, potable water supply catchments, the preferred approach is to apply the Rural Conservation Zone. however, in deciding to apply this zone to these areas, a planning authority should carefully consider the type and extent of development expected in the area, the potential sources of pollutants, and the conditions or standards that new use and development would be required to meet to maintain an acceptable water quality.

11

Where should the zones be applied?The differences between the zones’ purposes and provisions decide where they should be applied. examples of candidate areas for each zone are provided below, however these are indicative only. The decision about which zone is applied should be driven by the strategic objectives in the scheme.

The Farming Zone is designed to be applied to rural areas where:• Farmers require certainty about undertaking normal

farming practices and need the flexibility to change farming practices in the future.

• Farming is the principal activity in the area and the protection of productive farmland is of primary strategic importance.

• The farmland is of State, regional or local significance in terms of agricultural production or employment.

• The farmland has physical attributes that are scarce or essential to sustaining particular agricultural activities.

• Pressures to use and develop land for non-farming purposes pose a significant threat to the supply and productivity of farmland in the area.

• The scale, nature and intensity of farming uses in the area have the potential to significantly impact upon sensitive land uses, such as housing.

• The efficient and effective use of agricultural infrastructure will be maximised.

Possible Farming Zone areas

• horticulture areas.• Intensive animal husbandry areas.• Irrigated areas.• Dairying areas.• Forestry plantation areas.• other broad hectare cropping areas.• Areas where the consolidation, intensification or

aggregation of farming activities is encouraged.• Areas where non-farming uses and development

need to be strictly controlled so that potential land use conflicts can be avoided.

The Rural Activity Zone is designed to be applied to rural areas where:• Farming is an important activity in the area but the

planning objectives identified for the land support the establishment of other land uses.

• A mixed-use function would support farming activities in the area, assist in preventing the unplanned loss of productive agricultural land elsewhere, or allow for the logical and efficient provision of infrastructure.

• The use of land in the area for non-farming purposes would not compromise the long term productivity of surrounding farmland.

• Appropriate buffers can be provided between different land uses so that land use conflicts are avoided.

• The planning authority has developed a clear policy about how discretion in the zone will be exercised.

Possible Rural Activity Zone areas

• An existing mixed use rural area where the mix of uses complements the agricultural, environmental and landscape values of the area and supports the council’s urban settlement objectives.

• Rural areas where commercial, tourism or recreation development will complement and benefit the particular agricultural pursuits, landscape features or natural attractions of the area.

• Farming areas where complementary rural industry, agribusiness uses, and rural research facilities are encouraged.

www.dse.vic.gov.au/planning1�

The Rural Conservation Zone is designed to be applied to rural areas where:• The protection of the environmental features of

the land is of primary strategic importance. These features could include native vegetation, flora and fauna, significant habitats, or they could relate to the visual qualities of the land.

• The environmental features of the land are scarce and strict controls are required to prevent the further loss or decline of those features.

• Land use and development could directly or indirectly threaten the environmental values of the land and strict controls are required to manage this.

If the environmental or landscape features cover a large rural area, the Rural Conservation Zone is likely to be suitable. however, if the features are widely dispersed or fragmented and the surrounding land has been substantially altered (for example, broadacre farming areas with wildlife corridors), the other rural zones may be more appropriate, supplemented with overlays.

Possible Rural Conservation Zone areas

• Relatively intact natural areas where land use and development could result in the loss of important environmental features or values.

• Areas of biodiversity or ecological significance.• Rural areas that contain threatened species

habitat, such as wetlands, water catchments and grasslands.

• Rural areas of high scenic or landscape value.• environmentally degraded areas where a

cautious approach to land use and development is required to avoid further environmental damage.

• Rural areas that are unstable or prone to erosion or salinity.

• open, potable water supply catchment areas.

The Rural Living Zone is designed to be applied to areas where:

• The rural land has a mainly residential function.

• Farming may take place on the land but this is subordinate to the residential use.

• Residents require certainty about the residential amenity of the area and are protected from potentially incompatible land uses.

• Farming is of a nature or scale that will not conflict with housing.

• Residents will have access to most of the normal services and infrastructure provided in urban areas.

Possible Rural Living Zone areas

• Rural areas that have been substantially subdivided and developed for dwellings in proximity to an urban area or township with a range of urban services and infrastructure.

• Rural land adjacent to an urban area or township which meets the key strategic and land capability requirements of Minister’s Direction no. 6.

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The purpose of this practice note is to provide guidance when planning for, or assessing proposals for rural residential use and development.

What is ‘rural residential’ development?Rural residential development refers to land in a rural setting, used and developed for dwellings that are not primarily associated with agriculture. Some agriculture may take place on the land, however, it will be ancillary to the use for a dwelling. It is likely to be carried on for ‘lifestyle’ reasons and is unlikely to provide a significant source of household income. Rural residential land is typically also used for non-agricultural home occupations or for large gardens. These lots are larger than typical residential lots, but are usually too small for agricultural use.

Because of its primarily residential function, rural residential development requires access to most of the normal services and infrastructure provided in urban settlements. Typically it also generates urban residential amenity expectations.

The zones usually applied to rural residential land are:

� The Low Density Residential Zone (LDRZ) is a ‘residential’ zone. It comprises lots above 0.4 hectares used for residential purposes.

� The Rural Living Zone (RLZ) is a ‘rural’ zone. It normally applies to lot sizes around eight hectares and provides opportunities for some rural uses to occur.

� The Green Wedge A Zone (GWAZ) is a ‘rural’ zone. It provides for lot sizes of eight hectares and above. It applies to non-urban land outside the Urban Growth Boundary to protect and recognise the area’s agricultural, environmental, historic or recreational values or mineral and stone resources.

Rural residential development can also occur in other rural zones when the minimum lot size is less than eight hectares.

Generally, land proposed for rural residential development should be included in the Low Density Residential Zone or the Rural Living Zone.

Department of Planningand Community Development

Rural residential development

Practice Note | 37 Revised May 2012

Practice Note 37 | Rural residential development 2

Farm dwellingsFarm workers and their families may need to live in farm dwellings, close to stock, crops or plants that require regular supervision. Farm dwellings that are genuinely required to support an agricultural use are not a form of rural residential development.

Small lot agricultureHigh value crops, such as grapes, olives, flowers, fruit or tobacco, can be cultivated on small lots. Some intensive agricultural uses can also take place on small lots. Dwellings on these lots will normally be farm dwellings. However, new small lot agriculture proposals need to be considered carefully, to ensure that they do not become unplanned rural residential development.

Why does rural residential development require special consideration?Living in rural areas is a popular alternative to urban living and a legitimate lifestyle choice. The planning scheme should ensure that reasonable opportunities are found for rural residential development, as part of providing for housing diversity and choice.

However, rural residential development can have environmental, social and economic costs that are significantly higher than those of standard residential development.

Land use conflicts between agricultural activities and the amenity expectations of rural residential dwellers should be minimised. Significant impacts to primary production or to the environmental or cultural values of a rural area should be avoided. Finite and valuable natural resources present on the land should not be lost.

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

These considerations mean that the following broad questions should be answered in sequence:

� Strategy: Does rural residential development fit into the overall strategic planning of the municipality?

� Housing need: How much rural residential development is required to provide appropriate housing diversity and choice to meet housing needs?

� Location: Where should new rural residential development take place?

� Subdivision and design: Is the new rural residential development subdivided and designed in an attractive setting offering high amenity and efficient infrastructure?

These broad questions should be taken into account when considering a proposed amendment.

Generally, final detailed subdivision and design matters can be considered as part of the permit application process.

All proposals must be accompanied by a site and context description.

Site and context descriptionThe site analysis should document the opportunities and constraints of the site in terms of landform, vegetation coverage and surrounding land uses and an explanation of how the proposal responds to the site analysis.

A site analysis should include where relevant:

� topography of the land (including ridgelines, landscape, geography, slope gradients and erosion areas)

� soil capability

� vegetation (ecological vegetation class), quality (habitat hectare assessment) and location

� any significant environmental features including habitat corridors, threatened species, wetlands, watercourses, fire or flood prone and saline areas

� drainage lines and dams

� land liable to inundation by floodwaters


� weather conditions including wind patterns

� views

� road access

� available infrastructure including power, water and telecommunications

� existing buildings and works

� adjoining land uses and neighbouring buildings and works

� any other matter relevant to the site and its environment.

StrategyDoes rural residential development fit into the overall strategic directions and planning of the municipality?

It is important to consider a proposal for rural residential development as part of the broader strategic context.

A proposal for rural residential development must be considered against the State, regional and local strategic planning policies and objectives for the area.

These include:

� the need to protect agricultural land and natural resources and the encouragement of urban consolidation

� regional strategies such as the Great Ocean Road Region Strategy 2004, the Victorian Coastal Strategy 2002, Coastal Spaces Recommendation Report 2006 and regional catchment strategies

� the objectives and strategies in the Municipal Strategic Statement (MSS), and any adopted land use strategy such as a Green Wedge Management Plan or a housing strategy.

A rural residential development should be capable of broad strategic support across all relevant policy areas.

Housing needHow much rural residential development is required to provide appropriate housing diversity and choice to meet housing needs?

A planning authority must be able to show that a rural residential rezoning is part of its strategy to provide appropriate housing for forecast increases in population and changes in household structure and composition.

A rural residential rezoning must be supported with evidence that the proposed use and development supports and implements the housing needs of the municipality as identified in the MSS. This includes understanding the demographic and housing needs of the area and likely future trends.

The Department of Planning and Community Development (DPCD) provides useful demographic analysis such as ‘Regional Victoria – Trends and Prospects’, ‘Towns in Time’ ‘Regional Matters – An Atlas of Regional Victoria’ and related interim and updated population projections.

Generally, the municipal area will form the best and simplest area on which to base the analysis of local housing need. However if there are several service catchments in one municipality, smaller strategy areas might be appropriate.

A local housing analysis should:

� identify demographic trends, including changes in household structure and composition

� identify housing market trends, including dwelling type

� identify projected population and household increases and housing needs over a 10 year period for the area

� identify the number and types of additional houses required including the proportion of new housing that would be in the form of rural residential development


� What is council’s projected population for the next 10 years?

� How many new households will be required?

� Given the existing number of dwellings, how many additional dwellings will be required to meet population and household projections?

� How many of these additional dwellings will be in the form of rural residential?

It is important to demonstrate that the proposed rural residential development meets the housing needs of the municipality and takes into account the need to maintain housing choice and diversity including a realistic mix of lot sizes.

LocationHaving established that there is a basic need for additional rural residential development to serve strategic objectives, an appropriate site or sites must be identified. Alternatively, it must be determined whether specific sites brought forward by private proponents are appropriate. A broad range of location-specific criteria provides a framework for identifying land suitable for rural residential development and eliminating unsuitable land from further consideration.

Integration with existing urban areasRural residential development must be planned to show how it relates to, or is supported by, existing urban development.

It must not impede the proper long-term growth of an urban area based on fully serviced residential development at normal urban densities. Where there is an adopted settlement strategy (such as a local structure plan), it is clearly preferable that rural residential development should not compromise its implementation.

Where there is no adopted settlement strategy, or it is proposed that an existing strategy be changed, the likely future growth and structure of the urban area, based on analysis of physical and social infrastructure and service provision must be considered.

Rural residential development is inappropriate on land that is suitable and required for present or future residential use at normal urban density. For example, if a town has limited supplies of development land at urban densities, but has unused town water and waste water treatment capacity, land that can easily be served by this infrastructure should normally be considered first as a candidate for development at urban densities.

Protection of natural resourcesThe protection of natural resources is a State Planning Policy and is of fundamental importance to local and State economies. It is important to ensure that the location of rural residential use and development does not prejudice the long-term availability and management of Victoria’s natural resources, of land, water, energy, wind, stone and minerals.

Rural residential development is not appropriate on land that:

� is productive agricultural land

� is in a special water supply catchment area under the Catchment and Land Protection Act 1994

� has identified potential to be used for commercial forestry

� has identified potential for mineral and stone production

� has potential for wind energy development as identified in the Victorian Wind Atlas.

Productive agricultural land generally has one or more of the following characteristics:

� a present pattern of subdivision favourable for sustainable agricultural production

� can be used for a variety of agricultural pursuits

� suitable soil type

� suitable climatic conditions

� suitable water supply

� suitable agricultural infrastructure, in particular irrigation and drainage systems.

Issues such as tenure and infrastructure may change to support agricultural use in the future.


The proposal must include an assessment of the locality’s natural resources, the impact of the proposal on these resources and the measures to be taken to protect those resources, including a description of:

� agricultural quality

� geology

� earth and energy resources (as governed by the Mineral Resources Sustainable Development Act 1990)

� soil types

� water resources (including groundwater).

Land resource information and various land capability studies are available for parts of Victoria.

Check with State government departments such as DPCD, the Department of Primary Industries, Department of Sustainability and Environment and with Catchment Management Authorities and councils about what information is available.

If the proposal is to use agricultural land, clause 14.01 of the State Planning Policy Framework (SPPF) requires consideration of the following issues:

� the desirability and impacts of removing the land from primary production, given its agricultural quality and productivity

� the impacts of the proposed subdivision or development on the continuation of primary production on adjacent land, with particular regard to land values and to the viability of infrastructure for such production

� the compatibility between the proposed or likely development and the existing uses of the surrounding land

� assessment of the land capability.

Protection of environmental areas and biodiversityRural residential development should be located in areas where any adverse impact on the environment, native vegetation and biodiversity is avoided.

Where a proposal affects native vegetation, consideration must be given to Victoria’s Native Vegetation Management – a Framework for Action. The document sets out an approach to retaining and managing native vegetation to achieve a Net Gain outcome.

Consideration should also be given to the likelihood of whether a planning permit would be granted under clause 52.17 of the planning scheme for the removal of native vegetation.

The proposal must include an assessment of the locality’s environmental features and how these features could affect, or be affected by, rural residential development. The assessment of the environmental features must include native vegetation, flora and fauna, significant habitat and wildlife corridors or any other biodiversity assets. Natural physical features including topography, slope, waterways, drainage lines and wetlands must also be identified.

The Biodiversity Strategy 1997 provides mechanisms for achieving the objectives of flora and fauna conservation and management to prevent further loss of habitat.

In addition, the following matters should be considered as relevant:

� fire hazard

� flood propensity

� incidence of land salinity

� soil contamination with regard to past uses of the land

� landslip and other erosion-related hazard or other areas of environmental significance

� the effect of the topography, including slope of the land, to support rural residential development

� appropriate riparian corridors and vegetation buffers along waterways and other areas of environmental significance.

Relevant public authorities have mapping of issues such as fire and flooding.

Planning schemes may indicate areas of environmental significance such as salinity, wetlands, or areas of conservation significance.


In some cases, the preparation of a land management plan may be appropriate to show how the impact can be remedial or minimised and protected.

A land management plan should address the environmental and natural resource issues relevant to the site and may include:

� protection and enhancement of native vegetation

� protection and enhancement of waterways

� protection and stabilisation of soil

� pest plants and domestic feral animal control

� protection of areas of environmental significance

� fire protection measures.

A land management plan can be implemented through the use of a section 173 agreement, a requirement on an appropriate overlay or through a combined amendment-permit process.

Landscape and heritage valuesThe proposal must include an adequate assessment of the locality’s landscape and heritage values and the potential impacts of rural residential development on those values including:

� areas or features of aesthetic, archaeological, architectural, historical, scientific, social or other special cultural value

� areas of natural scenic beauty or importance, areas of valued landscape character and any significant views.

Areas and places of cultural and landscape significance are identified in planning schemes.

A proposal must demonstrate that it will not impact on the cultural or natural heritage values of the land. Landscapes or places classified by the National Trust of Australia or included in the Victorian Heritage Register, or registers maintained by Aboriginal Affairs Victoria or the Australian Heritage Council must not be proposed for rural residential use or development without consultation with those organisations.

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

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

The proposal must include an assessment of the public costs of providing social services, community facilities and physical infrastructure for the proposed rural residential development.

The assessment must adequately describe and discuss:

� the availability of existing infrastructure (that is, social facilities and services, schools, public transport, roads and waste disposal)

� the level and range of services which will need to be supplied or upgraded to meet the needs of the proposed population

� the costs of additional services and infrastructure and the options for meeting those costs, services or infrastructure.

Land use compatibilityThe proposed rural residential land use and development must be compatible with the existing and likely land uses of the locality.

Consideration should be given to the availability of alternative sites that could meet the same housing demand. Consideration of suitable alternative sites should also include those in the neighbouring local municipalities.

The nature of existing and possible uses of land adjacent to the land proposed to be rezoned must be documented in the report. A map showing site context must be provided.

The report must also include assessment of the potential impacts of the proposal on adjoining and nearby land.


Rural residential development should not be provided on land that is:

� within the separation requirements of an amenity reducing land use as described in the Environment Protection Authority’s Recommended Buffer Distances for Industrial Residual Air Emissions

Rural residential development is a ‘sensitive’ land use in applying the EPA guidelines.

� within the separation requirements from other offensive uses such as Intensive animal husbandry and sewage treatment plants. This also includes certain agricultural activities, such as poultry farming, piggeries and feedlots. Codes of Practice for certain activities have separation distances from sensitive land uses that must be complied with.

� adversely affected by noise levels generated by adjoining land uses

� within the 20 Aircraft Noise Exposure Forecast (ANEF) contour of an airport

� affected by agricultural spraying and aerial spraying of neighbouring agricultural land

� adversely affected by contamination

� within 500 metres of a national park, reference area, wilderness, marine park or state park unless the Department of Sustainability and Environment agrees to a lesser distance

� located in close proximity to public land that is of environmental significance, including land that is fire prone, unless a suitable buffer zone and/or a land management plan are provided in consultation with the public land manager. The width and nature of the buffer zone will vary depending on local circumstances. The buffer zone and/or land management plan should address issues such as fire, amenity, pest plants and animals, drainage and access.

� located in close proximity to land that uses treated wastewater from sewerage for agricultural and horticultural irrigation

� within the separation distance prescribed in the Industrial 1 Zone, Industrial 2 Zone and Industrial 3 Zone between industrial activity and a sensitive use.

Land servicing capabilityThe proposal must include an assessment of the land’s physical capability to sustain rural residential development, and where appropriate a land capability assessment, addressing:

� whether the land has been found to have satisfactory physical characteristics for sustainable on-site wastewater management and can meet the Guidelines for Environmental Management-Septic Tanks Code of Practice, 2003 or can be connected to a reticulated sewerage system

� whether the land can be provided with an adequate water supply of an acceptable quality to service the development

� whether the land is accessible by properly formed and constructed roads

� whether the land can be connected to or provided with drainage that effectively removes storm water from each house and lot, prevents inundation of effluent disposal fields, and is designed to handle the one in 100 year storm event where required

� the availability and provision of other normal residential services (electricity, telephone).

Where the land can easily be connected to existing infrastructure and services, it may be suitable for development at standard urban densities.

The cost of providing the services to the land must be at the developer’s cost.

Subdivision and lot designHow can new rural residential development be subdivided and designed in an attractive setting to offer high amenity and efficient infrastructure?

Subdivision layouts should respond to the physical features of the land and the environmental, landscape, infrastructure and servicing features and constraints of the land.

In designing subdivisions and the location of buildings and works, consideration should include:

� identifying remnant native vegetation and any fauna habitat for protection


� retaining and providing riparian corridors along waterways and providing riparian corridor links to other areas of local and regional significance

� identifying and controlling existing and potential erosion prone areas

� identifying land liable to inundation by floodwaters

� identifying fire protection measures

� locating buildings off ridgelines to protect sensitive landscapes and preserve views from roads and other land

� including building and effluent disposal envelopes or building exclusion zones to guide the location of buildings and works within subdivisions

� avoiding buildings and works on slopes greater than 15 per cent or when buildings and works would protrude above significant ridgelines

� establishing landscaping with subdivision, buildings and works to protect and restore rural landscapes and significant ridgelines

� using building materials that do not visually impact on the rural landscape

� providing public road access in preference to the creation of carriageway easements or common property

� providing adequate supply of domestic and stock water to individual properties and ensuring that existing water entitlements are not impacted upon by dams

� implementing policies of the relevant water or drainage authority

� any other matter relevant to the site and its environment.

The proposal must:

� show the layout of the proposed subdivision, how the subdivision relates to the landform and vegetation and how it responds to the site analysis

� show how the proposed subdivision relates to the existing or likely use and development of adjoining and nearby land

� demonstrate that each lot is capable of treating and retaining all waste water in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970

� show for each lot:

� a building envelope and driveway to the envelope

� existing vegetation

� areas of active vegetation management or re-vegetation or other environmental improvement works such as soil stabilisation, erosion management

� an area suitable for the location of any future dam

� an effluent disposal area.


Who should be consulted?Consultation should occur with relevant agencies, including the following where appropriate:

Agency IssueRoad Corporation (VicRoads)

Where the site gains access from a Road Zone or a declared road under the Road Management Act 2004

Relevant Catchment Management Authority or water authority

Where the land is in a special water supply catchment area.

Where land is liable to inundation to floodwaters.

Department of Primary Industries

Where the land is: � currently used for agriculture

� within 500m of an existing extractive industry work authority

� within an Extractive Industry Interest Area

� within an area that has been identified with potential for mineral production.Department of Sustainability and Environment

Where the removal of native vegetation may be required, where there may be an impact on fauna habitat, where the land is prone to erosion or the land adjoins Crown land.

Servicing agencies (eg water authorities)

Servicing of land for water supply, sewerage, drainage, electricity and telephone.

Water authoritiesWhere the use can impact on ground or surface water resources and infrastructure (including irrigation channels or drains, waterways or storages).

Where the land is located within an irrigation district.Environment Protection Authority

Where the land is within the recommended buffer distance for an industrial residual air emission.

Country Fire Authority Where the land is fire prone.Airport operator Where the land is affected by an Airport Environs Overlay.Adjoining municipal councils Where land is close to an adjoining municipality.

Consultation with peak interest groups, for example key farming groups, should also be considered as well as neighbouring property owners and occupiers.


Documenting a proposalAn amendment proposal for a rural residential development must be supported by the following information:

1. A site and context description.

2. A report explaining:

� the proposal

� how the proposal supports the strategic framework

� how the proposal meets housing needs and the housing objectives of the area

� why the proposed location is suitable for rural residential development. This should include an assessment, where appropriate, of:

� how the proposal is supported by existing urban development

� the land’s capability for agricultural use and how the proposal will impact the long term continuation of agriculture in the area

� the locality’s natural resources and the measures that may be taken to protect those resources

� the locality’s environmental features and biodiversity and how these could be protected and enhanced

� the locality’s landscape and heritage values and how these could be protected

� the proposal’s social and physical infrastructure requirements and the community cost of providing these services

� the proposal’s compatibility or impact on the surrounding land uses

� the land’s servicing capability.

3. A summary of relevant agency comments and any other comments from peak groups or known affected persons.

A planning application for subdivision for rural residential development must be supported by:

1. A site and context description.

2. A development plan responding to the site and context description and showing details of the proposal. This should show and provide a description of how the proposal has been designed to avoid or minimise any adverse impacts on the environment (including native vegetation, natural physical features, fire or flood hazards and landscape character, where appropriate).

ISBN 1-74152-658-2Published October 2006, revised by the Department of Planning and Community Development Melbourne, May 2012. © The State of Victoria Department of Planning and Community Development 2012. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.Authorised by the Victorian Government, 1 Spring Street, Melbourne.This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication.www.dpcd.vic.gov.au/planning

http://www.dpcd.vic.gov.au/planning

BackgroundThe purpose of these Guidelines is to assist responsible authorities and water corporations in their assessment of planning permit applications for use and development of land within all open, potable water supply catchments in Victoria. These guidelines have been adopted by the Minister for Planning for the purposes of s.60(1A)(g) of the Planning and Environment Act 1987.

Where do these guidelines apply?These guidelines apply to all open potable water supply catchments declared to be special water supply catchment areas under Division 2 of Part 4 of the Catchment and Land Protection Act 1994 (the Act). Schedule 5 of the Act lists the special water supply catchment areas declared as at 1994. To find out all current declarations and which special water supply catchment areas are open potable water supply catchments and their location, contact the relevant local water corporation.

What is an open, potable water supply catchment?A potable water supply catchment provides water resources to a reservoir (or water storage) used primarily for domestic water supply purposes. There are two types of potable water supply catchments. An ‘open’ catchment is where part or all of the catchment area is in private ownership

and access to the catchment is unrestricted. A ‘closed’ catchment means that the whole of the catchment area is publicly owned and public access is prohibited.

Water corporations may only influence development and use through the planning process as they do not have direct control over land in open, potable water supply catchments, however, because of the risks to public health, all use and development should be sited and managed to protect the quality of water collected from the catchment.

Most water supply catchment areas have a long history of regulation aimed to protect public health by maintaining acceptable levels of water quality flowing into, and stored in, the water storage. This has protected communities from waterborne diseases or the need for excessive chemical treatment.

All land users within catchments need to be aware of the potential effect of their activities on water quality. Residential development and agriculture particularly have the potential to impact adversely on water quality through the discharge of contaminated run-off and wastes, nutrient contributions or sediment to waterways. Three key sources of these pollutants – septic tank systems, agricultural practices and buildings and works – are the focus of these guidelines.

GuidelinesMay 2009

Department of Planningand Community Development

Planning permit applications in open, potable water supply catchment areas

Guidelines | Planning permit applications in open, potable water supply catchment areas 2

What State planning and environmental policy applies to open, potable water supply catchment areas?The importance of water quality and water catchments is specifically addressed in Clause 15.01-2 in the State Planning Policy Framework in all planning schemes. In this clause it is State planning policy that:

Planning and responsible authorities should ensure that land use activities potentially discharging contaminated run-off or waste to waterways are sited and managed to minimise such discharge and to protect the quality of surface water and groundwater resources, rivers, streams, wetlands, estuaries and marine environments.

Incompatible land use activities should be discouraged in areas subject to flooding, severe soil degradation, groundwater salinity or geotechnical hazards where the land cannot be sustainably managed to ensure minimum impact upon downstream water quality or flow volumes.

Clause 18.09 of the State Planning Policy Framework also requires planning and responsible authorities to ensure that run-off from new development does not contaminate water supplies. Clause 18.09-2, states that:

Planning and responsible authorities should ensure that water quality in water supply catchments is protected from possible contamination by urban, industrial and agricultural land uses.

Section 53M of the Environment Protection Act 1970 provides that a municipal council must refuse a permit if a proposed onsite waste water/septic tank system is contrary to any State environment protection policy or waste management policy. The State Environment Protection Policy (Waters of Victoria) requires the application of the precautionary principle to guide decisions about the protection and management of Victoria’s surface waters when considering a permit for a septic tank system.

The proper application of the precautionary principle requires consideration of the cumulative risk of the adverse impact of onsite waste water/septic tank systems on water quality in open potable water supply catchments resulting from increased dwelling density.

The importance of water catchments is also reflected in the catchment management plans prepared by Catchment Management Authorities under Division 1 of Part 4 of the Catchment and Land Protection Act 1994. These plans assess the land and water resources of catchments in a region and identify objectives and strategies for improving the quality of those resources. They can also direct land use activities in a catchment. It is State Planning Policy (Clause 15.01-2) that planning authorities must have regard to relevant aspects of:

Any regional catchment strategies approved �under the Catchment and Land Protection Act 1994 and any associated implementation plan or strategy, including regional vegetation plans, regional drainage plans, regional development plans, catchment action plans, landcare plans, and management plans for roadsides, soil, salinity, water quality and nutrients, floodplains, heritage rivers, river frontages and waterways…

Any special area plans approved under the �Catchment and Land Protection Act 1994.

For information about any catchment management plans that have been prepared for catchments in your region, contact the regional office of the relevant catchment management authority.

The guidelinesEach of these guidelines must be addressed where a planning permit is required to use land for a dwelling or to subdivide land.

Guideline 1: Density of dwellingsWhere a planning permit is required to use land for a dwelling or to subdivide land:

the density of dwellings should be no greater ►than one dwelling per 40 hectares (1:40 ha); and

each lot created in the subdivision should be at ►least 40 hectares in area.

This does not apply if a catchment management plan, water catchment policy or similar project addressing land use planning issues and the cumulative impact of onsite waste water/septic tank systems has been prepared for the catchment, and the objectives, strategies and requirements of the plan or project have been included in the planning scheme.


Guideline 2: Effluent disposal and septic tank system maintenance

All developments generating wastewater must be connected to a reticulated sewerage system if available. In the absence of a reticulated sewerage system properties require individual systems (onsite wastewater or septic tank systems) to collect, treat and dispose of or reuse the wastewater they generate.

To determine whether the proposed development of an unsewered allotment is sustainable a land capability assessment may be required. The land capability assessment should be undertaken in accordance with the requirements of the most recent version of EPA Publication 746, Land Capability Assessment for Onsite Domestic Wastewater Management and Australian/New Zealand Standard 1547 Onsite domestic wastewater management.

An EPA approved onsite treatment system must be installed in accordance with the EPA Publication 891.2, Code of Practice – Onsite Waste Water Management, December 2008. A list of EPA approved onsite systems can be viewed online at: www.epa.vic.gov.au/water/wastewater/onsite.asp.

Property owners must obtain a permit from the local council for the installation of an onsite wastewater treatment system and associated application system (e.g. disposal trenches, irrigation system). Planning permit approval will be conditional on approval of an onsite system permit.

Onsite systems must be installed and maintained in accordance with the permits issued by the council and the Certificate of Approval for the system issued by the EPA. Once installed, systems may be subject to ongoing monitoring and enforcement of permit conditions by the council. Maintenance by property owners should include inspecting the onsite treatment system and the associated disposal/reuse area at least annually, and desludging the tank at least every three years. The council can provide information on the specific maintenance requirements for a particular system.

In the case of a development that proposes multiple allotments, a neighbourhood treatment plant that is designed, installed and maintained to the satisfaction of the responsible authority may be considered in lieu of onsite treatment for each allotment.

To ensure a measure of protection of water quality, the EPA Publication 891.2, Code of Practice – Onsite Waste Water Management, December 2008 specifies that onsite systems (including the effluent disposal areas) must be located at least the distances from water courses as specified in the table below:

ItemSetback distance

(m)Surface Waters (upslope from)

Dam or reservoir (potable, includes water for food production)1

300

Stream, river, waterways (potable water supply catchment)2

100

Dam or reservoir (stock & non-potable)1

60

Stream or channel (continuous or ephemeral, non-potable)

60

Groundwater Bore

Potable or non-potable 20

1 Does not apply to dams and reservoirs above natural ground level.

2 Means a water course within a Special Water Supply Catchment Area listed in Schedule 5 of the Catchment and Land Protection Act 1994.

The setback distances may be reduced by up to 50 percent when the conditions set out in Table 4.2 “Setback Distances Table”, EPA Publication 891.2, Code of Practice – Onsite Waste Water Management, December 2008, are met.

Bushes, shrubs and trees should not be permitted to grow directly over effluent disposal areas to minimise the negative impacts of shading, root penetration resulting in blockages and difficulties with access for maintenance.

Where possible, existing vegetation should be retained and suitable tree species should be planted on the periphery of effluent disposal areas to assist with transpiration rates.

Contact your local council or nursery for information about suitable tree species to be planted near effluent disposal areas.


Guideline 3: Vegetated corridors and buffer zones along waterways

Planning and responsible authorities should encourage the retention of natural drainage corridors with vegetated buffer zones at least 30 metres wide along waterways. This will maintain the natural drainage function, minimise erosion of stream banks and verges and reduce polluted surface run-off from adjacent land uses.

The corridors and buffer zones should be fenced to minimise erosion and sediment discharges caused by the intrusion of stock, domestic animals and vehicles, and should be vegetated using indigenous plant species. Where possible, land outside the corridors and buffer zones should also be planted with suitable species to assist in reducing sediment and nutrient loads reaching waterways (and, therefore, the potential for blue-green algal blooms), and to prevent erosion.

Guideline 4: Buildings and worksBuildings and works (including such things as landforming and levee bank construction) should not be permitted to be located on effluent disposal areas to retain full soil absorption and evaporation capabilities, and should be setback at least 30 metres from waterways to minimise erosion and sediment, nutrient and salinity-related impacts.

Buildings and works should not be permitted on slopes of greater than 20 per cent or on unstable soils.

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

Guideline 5: Agricultural activitiesTo prevent the pollution of waterways and damage to streamside vegetation (which contributes to bed and bank stability and filters overland flows entering the stream), stock access to waterways should not be permitted.

Stocking rates should take into account the capabilities of the land to sustain grazing and the potential impact of overstocking on the catchment. Where a planning permit is required to use land for agriculture (such as in the Environmental Rural Zone), consideration should be given to including a condition on any permit granted specifying a maximum stocking rate.

Reductions in pesticide run-off should be encouraged by improved management of rates and frequencies of application, and by discouraging the use of environmentally hazardous and persistent pesticides.

The inappropriate disposal of fuel and fuel containers, the disposal of dead animals, the treatment and disposal of effluent from intensive agricultural industries (such as piggeries), and the delivery and storage of chemicals are some of the other agricultural activities which can pose a risk to water quality. Where possible, these activities should be avoided and discouraged.

If a property owner proposes to build a farm dam for commercial or irrigation purposes in an open, potable water catchment, an application for a licence must be made under Section 51 of the Water Act 1989. The application for a licence must be made to the relevant Rural Water Corporation.


What referral requirements in planning schemes specifically apply to catchments?Clause 66 of all planning schemes contains a requirement for certain kinds of permit applications within catchment areas to be referred to the person or body specified as a referral authority in accordance with Section 55 of the Act. The kinds of applications and the referral authority are listed below.

Kind of application Referral authorityTo use or develop land for a cattle feedlot Minister for Agriculture

If the site is located within a special water supply catchment area under the Catchment and Land Protection Act 1994, the relevant water corporation under the Water Act 1989 and the Secretary to the Department administering the Catchment and Land Protection Act 1994.

If the number of cattle is 5,000 or more, the Environment Protection Authority.

To use, subdivide or consolidate land, to construct a building or to construct or carry out works, or to demolish a buildings or works that are within a Special Water Supply Catchment Area listed in Schedule 5 of the Catchment and Land Protection Act 1994 and which provides water to a domestic water supply.

This does not apply to an application for a sign, fence, roadworks or unenclosed building or works ancillary to a dwelling.

The relevant water corporation.

To use or develop land for extractive industry in Special Areas declared under s.27 of the Catchment and Land Protection Act 1994.

Secretary to the Department administering the Catchment and Land Protection Act 1994.

Other provisions of the planning scheme may also require referrals for other reasons.

ISBN 978-1-921607-13-4

Published by the Victorian Government Department of Planning and Community Development Melbourne, May 2009. © The State of Victoria Department of Planning and Community Development 2009.

This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.

Authorised by the Victorian Government, 8 Nicholson Street, East Melbourne.

This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication.

www.dpcd.vic.gov.au/planning

Guidelines for Planning Applications in Rural Areas

Helping landholders respond to council planning processes that require a farm plan

Image

2

Rural land and planning zones

Land in rural Victoria can be zoned as any of the following: Farming Zone (FZ), Green Wedge Zone (GRZ)) Rural Activity Zone (RAZ), Rural Conservation Zone (RCZ) or Rural Living Zone (RLZ).

A permit may be required in these zones for a farm dwelling or a change in agricultural enterprise (e.g. a feedlot). Any development within these zones should not adversely affect the land or surrounding area. Some councils may request a Farm Plan to assist with these permit applications.

To find out about your property, refer to the back page for further information, contacts and websites.

What do I need to prepare?

This may vary depending upon the location, size or scale of your proposed development and the likely impact or change to the surrounding land. Within certain zones, the detail required to demonstrate sound management may be quite rigorous, in others less so. This in turn will establish whether you will need to prepare a partial or a complete farm plan to support your application.

What is a Farm Plan?

There are a variety of terms used to describe farm planning processes. They may be called a Farm Plan, a Land Management Plan or a Whole Farm Plan. These plans help landholders make decisions about managing their property now and in the future.

Many agencies including the Department of Primary Industries (DPI) encourage landholders to complete or update their Farm Plans irrespective of a development proposal. The benefits of planning for the farm business, productivity and for land stewardship are significant.

The Farm Plan should begin with the identification of existing

conditions in some detail, which may include:

• topography;

• natural features e.g. watercourses, vegetation;

• built features e.g. fences, buildings, dams, location of services, access roads;

• soil type(s) and conditions (including erosion); and,

• uses of different areas of land.

A Farm Plan should also identify proposed future conditions and the potential impact this may have both on and off-site. This may include:

• intended use of specific areas of land;

• description and location of proposed buildings and other improvements e.g. sheds, dams, fences; and,

• description of intended farming practices.

What works best?

DPI, along with a number of councils; reviewed various applications for developments on agricultural land. Results of this review found that applications that included a Farm Plan and undertook the following processes were completed sooner, resulted in better plans and were less burdensome on the landholder and council staff. These processes included:

• early discussions about why an application may or may not be approved by council or other authorities;

• a pre-application meeting held prior to the application being submitted (held with council, relevant agencies and the applicant);

• clear guidelines about which authorities to talk to about the various aspects of the application and when; and,

• a checklist of what to include in an application and Farm Plan provided at the start of the process, ensures the applicant is clear about expectations from the beginning.

Key questions to ask your council planner

To improve the application process, it is recommended that applicants consult their local council planners at the beginning. This should save a lot of time and identify any limitations or constraints from the onset. The following are some of the questions you may ask:

• Can we have a pre-application meeting?

• What information should I bring along to this pre-application meeting?

• Is Council likely to request a Farm Plan for this application?

• If so, what detail will need to be included in the Farm Plan for this type of application / zone. Do you have a checklist?

• What authorities should I speak to before I lodge my application (and about which aspects of the application)?

• Does the council have a preference about who prepares the Farm Plan (i.e. owner of land, consultant)?

• Generally how long does it take to process an application?

3

How do I prepare my Farm Plan?

You have a few options for how you might go about preparing your Farm Plan. These options are outlined opposite.

Options A, B & C are provided as a guide only and each applicant should determine their own needs and appropriate course of action and discuss with their council.

In making your decision, you will first need to ask yourself:

• How much time do I have to develop a Farm Plan?

• How much money am I prepared to spend on developing a Farm Plan?

• What would I like to learn from developing a Farm Plan (i.e. I’d like to learn about the environmental features of my property)?

• Would I be happy with a consultant completing a Farm Plan on my behalf or would I want to be more involved?

During the review it was found that applications without a Farm Plan took longer, the process often stalled or did not proceed.

“We conducted a Review to look at

ways of reducing regulatory burden

and making planning easier for

landholders and councils”.

What do I do with my Farm Plan?

Farm Plans help landholders make decisions about managing their property including planning for the farm business, productivity and land stewardship. Once your application is approved, your Farm Plan will need to be implemented.

Know ledge gained

Frustration/challenges

Support available

Cost

Time

Choosing this option, a landholder would organise for a Farm Plan to be prepared by a farm planning service provider.

FARM PLANNING CONTACTS

Department of Agriculture, Fisheries and Forestry www.daff.gov.au (list of registered farm consultants)

• Check the telephone directory or the web locality search

• Cost

• Frustration/Challenges

Choosing this option, a landholder would complete a Farm Plan by attending a course with a preferred provider (~ 30 hours)

WFP COURSE CONTACTS

• DPI www.dpi.vic.gov.au Whole Farm Planning

• Contact your local TAFE

• Landcare Online www.landcareonline.com > Whole Farm Planning

Option C - Self assessment

Choosing this option, a landholder would complete a Farm Plan themselves, using self-assessment guidelines.

SELF ASSESSMENT

• Check for programs e.g. Environmental Best Management Practice (EBMP) enquire with DPI

• Ask your council for any guiding documents

Note: the findings from the Review have been presented in the above

graphs to reflect the comparative differences

Know ledge gained

Frustration/challenges

Support available

Cost

Time

Knowledge gained

Frustrat ion/challenges

Support available

Cost

Time

Option A - Farm planning course

Option B - Consultant

If you would like to receive this information/publication in an accessible format (such as large print or audio) please call the Customer Service Centre on: 136 186, TTY: 1800 122 969, or email [email protected]

Published by the Department of Primary Industries, Farm Services Victoria

March 2010

© The State of Victoria, 2009

This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.

Authorised by the Victorian Government, 1 Spring Street, Melbourne 3000

ISBN 978-1-74217-481-5 On Line

Disclaimer: This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication.

For more information about DPI go to www.dpi.vic.gov.au or call the Customer Call Centre on 136 186.

Further Information and References

Useful websites you can check information about

your property.

• Department of Planning & Community Development — 9208 3333 or 1300 366 356, DPCD leads and supports the development of livable communities, that are well planned and well designed, your property details can be found at: http://www.dse.vic.gov.au/planningschemes/index.html

• Land Channel is also very useful to find out about zones and possible overlays for your property. Web search ‘Land Channel’ or go to: www.land.vic.gov.au > interactive maps > either type in your property address or use the map of Victoria and select near your area and then zoom down to property outlines. Using the ‘arrow’ top toolbar, this will allow you to highlight the property and then go to top left hand side ‘Get Reports’, choose ‘Basic Property Report’ and this will show: Parcel details, Utilities, Planning zone summary - zones and overlays.

Record the information relevant to your property or print off this report. There is also a basic locality map highlighting your property. This will be a fast track approach for a pre-planning meeting with your Council, knowing the zone and any overlay/s this will guide what may or may not be permitted and issues to consider for any development proposal.

• Ask your Council for a checklist or look on the DPI website for a generic checklist: www.dpi.vic.gov.au and find document: ‘Checklists for Planning Applications in Rural Areas’.

• DPI has produced a summary of issues to consider when purchasing a rural property and an overview of some of the main areas of law and legal compliance obligations associated with living in rural areas. Visit the web page at: www.dpi.vic.gov.au/new-landholders. This site has information which will also be useful for existing landholders.

• DPI has also produced a set of nine booklets covering legislative obligations for the following areas: Animal Welfare, Animal Husbandry, Biodiversity, Chemical Use, Noxious Weeds & Pest Animals, Occupational Health & Safety, Soil, Water, and Waste. These booklets can be found on the website or enquire at the DPI Information Centre: 136 186

General Contacts

Local Council: talk to your local Council Planning Officer about who else you may need to approach.

Department of Primary Industries: www.dpi.vic.gov.au — 136 186, DPI is responsible for agriculture, fisheries, earth resources, energy, and forestry in Victoria.

Department of Sustainability and Environment: www.dse.vic.gov.au — 136 186, DSE leads the Victorian Government's efforts to sustainably manage water resources and catchments, climate change, bushfires, parks and other public land, forests, biodiversity and ecosystem conservation.

Environmental Protection Authority Victoria: www.epa.vic.gov.au — 9695 2722, EPA’s purpose is to protect, care for and improve our environment; responsible for matters affecting air, soil and water quality.

Department of Agriculture, Fisheries and Forestry

www.daff.gov.au (list of registered Farm Consultants)

Other authorities you may need to contact for your

circumstances:

Local Water Authority, Catchment Management Authority (CMA), Country Fire Authority (CFA).

For more information call DPI Customer Service Centre on 136 186

How to manage small lotsExit this survey

Project 3.1 - How to manage small rural lots

This survey will inform a RCV funded project to assist councils manage small lots through the planning system. For the purpose of this project, a small lot is defined as a lot with a size that is less than the minimum defined within the Planning Scheme. We hope your council will attend the first workshop to discuss the issues identified through this survey on June 22 at the Windsor Hotel, Melbourne. The MAV website has more information.

1. Which council are you from?

2. How much of a problem are small lots for your council?

[SURVEY PREVIEW MODE] How to manage small lots Survey

http://www.surveymonkey.com/s.aspx?PREVIEW...6E7linrPWx0QgeqpsT9VO3zQ0B5OcX3UOXG8yvA%3d (1 of 5) [16/07/2012 5:08:22 PM]

Not a problem

From time to time

A major issue

A significant issue

3. Do you agree with our definition of a small lot for this project? (a lot with a size less than the minimum defined in the Planning Scheme)

Yes

No

If no, please explain.

4. What are the top three things you are trying to achieve when managing small lots?



Retain rural areas for agricultural purposes

Support landowners expectations

Encourage restructuring of areas of inappropriate subdivision

Encourage farm consolidation

Limit the opportunity for small lot excisions

Manage political pressures

Direct development to designated settlements

Protect areas of environmental significance

Protect the character of the landscape

Encourage efficient use of infrastructure and services

Encourage good land management

Stimulate local building and economic activity

Respond to community requests

Other (please specify)

5. Do you consider the Victoria Planning Provisions, Ministerial Direction 6 and the practice note to be adequate when making decisions about small lots?

Yes, for both strategic and statutory planning

Yes for strategic planning, but less so for statutory planning

Yes for statutory planning, but less so for strategic planning

A little

No

Please explain

6. What strategic planning work have you done to guide decision making about small lots?



None, small lots are not an issue for us

None, we rely on State policy - protection of highly productive agricultural land and the zone controls

Amended our Municipal Strategic Statement to reference small lots

Developed a Local Planning Policy to guide discretion about subdivision and dwellings

Applied a Restructure Overlay to areas of inappropriate subdivision

Prepared a Rural Strategy to identify areas of highest agricultural productivity

Applied zone and overlay controls to areas where there are environmental or land management constraints

Applied areas specific controls

Sought to rezone land from Farm Zone to Rural Activity or Rural Living Zones


7. Please help us find the most relevant parts of your planning scheme or other studies/methods you think are useful. Can you provide references or links to: Relevant sections of your Municipal Strategic Statement relating to small lotsAny Restructure Overlays that apply to areas of inappropriate subdivisionAny Local Planning Policy that guides discretion about subdivisions and/or dwellings on small lotsAny planning permit application requirements (such as the need to include a business plan or farm plan to justify a dwelling)Sample Section 173 agreements to prevent further subdivision and dwellingsAny internal guidance materialsAny relevant reports to Council

Strategic studies

8. What common issues do you experience when making decisions about small lots?



Defining an agricultural use (type, intensity) that supports the need for a dwelling

Infrastructure requirements or on-site treatment, use or disposal of stormwater and sewerage

Hazard and other constraints (flood, fire, buffers, landslip, contaminated land)

Differing amenity expectations between farmers and rural lifestyle landowners

Lack of understanding by land owners about State Planning Policy

Divergent views across the organisation

Divergent views between Councillors and the organisation


9. What other methods/considerations, outside of your planning scheme, support and affect your management of small lots?

Differential rating

Service/infrastructure restrictions

Septic tank permits

Buy, transfer or consolidation of land

Community education


10. Would you like to stay informed about this project? No

Yes

If yes, please provide your email address

1 Survey Results A survey was conducted to identify the current approaches used by Councils when dealing with small rural lots. The survey consisted of 10 questions, with 8 questions designed to gather information about the Council’s own management of small rural lots. A copy of the questionnaire is provided as an attachment. The survey was sent to numerous Councils, including all rural and regional Councils and three (3) interface Councils with significant areas of rural land (Yarra Ranges, Cardinia and Whittlesea). The surveys were sent to the planning department of each Council, to be answered by Council’s planning officers (as opposed to Councillors or administrators). Upon completion of the survey period, 50 complete responses had been received. Wodonga Council has not provided a response as yet, whilst Hepburn and West Wimmera each responded twice.

1.1 Small Rural Lots Small rural lots are considered to be a problem for 45 of the 50 respondents (90%). This 90% can be divided into three groups; 28% of the respondent’s find small rural lots present a significant issue for their council, 36% of the respondent’s find small lots to be a major issue and 26% of the planners find the lots to be a problem from time and to time. Small rural lots are not a problem for 10% of the respondents. Interestingly, the level of issue attributed to dealing with small rural lots was not consistent in terms of the geographic location of Councils. The 10% of Council’s which noted it was not a problem were Hepburn, West Wimmera (twice) and Latrobe, which have little in common with one another. The definition of small rural lots was divided. More than 65% of the planners agreed with the definition that a small lot is a lot with a size less than the minimum defined in the Planning Scheme. Almost 35% of the respondent’s however disagreed with the definition because of the following reasons: − The future use of the lots; − The surrounding local lifestyle; − The 40 hectare minimum size and lots just under this size; and − Viability of the land for enterprise. Some alternative definitions mentioned included a lot size of up to half of the minimum lot size prescribed by the zone, a lot with a size less than the minimum subdivision size for the farming zone and a size less than 10 hectares. Specific comments regarding the definition are provided below: − Definition of small rural lot depends on what the size is – for instance 180 hectares in

an area of 200 hectare minimum is likely to have no impact. A ratio is perhaps the most appropriate way of defining when special consideration is required.

− Twenty hectares is probably a small lot. − Definition of a small lot is set down in the zone, anything under the minimum in the

schedule. − The size of small lots relates to the local lifestyle property market for the area and

should be focussed on those lots that effectively take land out of the serious agricultural production industry of the area.

− Too simplistic - does not account for issues re the default schedule area/farmed lots/residential only size lots/lots referred to in PN37 i.e. rural residential where less than 8ha.

− We believe a small lot should be defined as being up to half of the minimum lot size (i.e. 20ha if there is a 40ha minimum size). We think there is a difference between these lots and lots that may be just under the minimum size.

− We have had major issues with defining small lots. Our Planning Scheme now contains 4.1 ha (10acre) as a lot where a Permit for use of a Dwelling will be generally be encouraged by Council.

− The bigger question comes from whether the planning scheme minimum and/or zoning is correct.

− The Planning Scheme definition (such as FZ under 40 hectares) do not address many of the small lot sizes in our shire that are not viable as separate lots at 80 or 100 hectares.

− The issue of small lots is more relevant for some zones than others. For example small lots in the farming zone create problems as do small lots in Residential 1 Zone/Township Zone of un-sewered towns.

− Larger lots that are marginally smaller than that specified in the planning scheme are not considered in practical terms by us as small lots.

− Small lots are typically under 10ha, but also dependent on productivity and use of the land.

− It depends on the zone involved. A lot with greater than the defined area in the RLZ is still a small lot.

− We would agree in some respects, however there is a different between lots of 2ha and lots of 10ha and lots of 30-40ha in terms of the impact of them being used for a dwelling. I.e. some larger lots can still be used for an agricultural use.

− In certain areas a small lot may still be a viable piece of land for an enterprise.

1.2 Management of Small Lots The Council Planners were asked what factors they try to achieve when managing small lots. The responses are displayed in Figure 1. It is clear that retaining rural area for agricultural purposes is an important aspect when managing small lots. Directing development to designated settlements, encouraging farm consolidations, limiting opportunities for small excisions, encouraging efficient use of infrastructure and services and encouraging good land management are also significant to the management of small lots.

Figure 1: Factors and Management of Small Lots Source: MAV 2012 Additional comments about what the aim of managing small rural lots is included the following. − Managing domestic wastewater − Managing dwellings − Removing/reducing expectations that every lot has a right to a house − Applying a consistent approach so that everyone is clear of Council's position

1.3 State Policy and Decisions about Small Lots The Victorian Planning Provisions (VPPs), Ministerial Direction 6 and the practice note were considered to be inadequate when making decisions about small lots by 26% of the respondents. In comparison, 74% of the respondents find the VPPs, Ministerial Direction 6 and the practise note adequate to some degree when making decisions about small lots. The responses indicate that the state policies are more useful for strategic planning when making decisions and the results of the survey can be seen in Figure 2. It is noted that some of the responses were made prior to the removal of Ministerial Direction No. 6.

Figure 2: State Policy and Decisions about Small Lots Source: MAV 2012 Additional comments about how useful State policy is, provides a useful insight into how small rural lots are managed across the State. These comments include: − Previous experience would indicate that no matter how much we rely on the VPP's to

justify decision making - the political arm of decision making doesn't agree. The farm owners are also conflicted in their requests - i.e. they want to protect farm land and are quite verbal about this (and critical towards planners) but also are the main instigators for applying for excisions and dwellings on small lots due to financial pressures, superannuation etc. These are not reasons which we can rely on within the VPP's. There is no consistent position. Also, the broad brush approach to lot sizes and farming zones does not reflect individual areas.

− Almost no consideration for statutory planning. The Direction makes it extremely difficult for Council to justify creation of life style blocks around settlements.

− Current version of practice note - no rural residential development in open potable water supply catchment

− The direction also stopped good developments as it was anti rural living and did not reflect the fact that this type of land use is legitimate in the right areas. Proving demand was problematic, and was not flexible enough with lot sizes when Victoria's climatic environment is so varied.

− Doesn't stop local politics from playing a part in decision-making − When making a decision in relation to a planning application, we usually rely on the

decision guidelines within the relevant zone and any overlay, previous VCAT decisions and restructure overlay controls where they apply

− PN37 has little guidance for statutory planning given the definition of 'Rural Residential' other than to further complicate re reference to 'Rural Residential on less than 8ha'

− Very general advice, not robust tool, not weighted in SPPF against settlement objectives.

− The recent revocation of Ministerial Direction No 6 means there is a more significant gap in direction around small lots.

− We had little or no direction from the PS. We felt like we were going it alone with the development of our Rural Strategy and PS provisions.

− The practical answers (i.e. ownership patterns, existing use patterns, servicing) are not in the written detail of the scheme or DPCD literature.

− Need local policies to better explain local variances. − Productive agricultural land needs to be defined to make it easier to allow for refusal

or permission. − Development on small lots in FZ is our issue. Rural productivity policy provides basis

for restricting development however, dwelling in conjunction with agriculture is a key unresolved issue.

− There is a need to provide policy at a local level when Council would consider it appropriate or otherwise to use the small lot for a dwelling. Other issues include providing further guidance on boundary realignments/resubidivision of lots.

− The existing Farming Zone provisions allow LGA's a level of control as to where development is appropriate. Any relaxation of this policy is likely to have a negative impact on the way in which we manage small lots in the FZ.

− They help guide the process but do little make a decision − Provide some guidance for strategic but useless for statutory. − They are inflexible to allow for the needs of individual Shires or sites. − There are clear directions for strategic planning, however when it comes to assessing

individual planning applications, it is always difficult to determine how much discretion is used in terms of justification for a dwelling on a lot less than 40ha.

− The Ministerial Direction No. 6 was used to support any rezoning request to LDRZ or the like, rather than through processing a permit application.

− Decisions about small lots is usually about housing. State and local policy tend to be silent in this regard.

− Can still make relevant statutory decisions but further strategic work is required − These state policies set the overarching goal however provide little guidance on how

to structure and uphold the strategic position. Council's are required to carefully structure the strategic directions in its MSS and create local policy to better guide decision making. The VPPs alone are just too wide a net.

− The minimum lot size provision does not necessarily recognise different agricultural practices or efficiencies that may not need larger lots. The provisions of the farming zone for instance try to limit rural living, rather than manage land for the most effective agricultural production. The Future Farming recommendations provide a good approach to the issue; remove the 'right' to a dwelling.

− A lot of words for little outcome. In summary the explanations provided by the Council Planners about how well the State Policies guide decisions about small lots indicated: − The policies have very little consideration of statutory planning.

− They provide some guidance for strategic planning but are inflexible to the needs of individual Council’s and sites.

− They do not stop local politics playing a part in the decision making process. Solutions identified in the explanations that address the issues raised by the Planners included: − Provide policy at a local level that achieves a robust assessment tool for the decision

process. − Provide a definition for productive agricultural land.

1.4 Strategic Work undertaken by Councils The planners indicated their Council’s have undertaken a range of strategic planning work to guide the decision making process about small lots. The most common strategic work is the development of a Local Planning Policy to guide discretion about subdivision and dwellings (50%). This key strategic action is followed by preparing a Rural Strategy to identify areas of highest agricultural productivity, amending the Municipal Strategic Statement to reference small lots, applying a restructure overlay to areas of inappropriate subdivision and applying zone and overlay controls to areas where there are environmental or land management constraints. Figure 3: Strategic Work undertaken Source: MAV 2012

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− Difficulty in assessing lots between 4.1ha and 40 ha where an agricultural use other than calf rearing or grazing is required.

− Councillors, and the community, don't always see the reasons for restricting dwellings − Many lots are located within a bushland setting, so in these cases it is less of an

agricultural issue and more associated with environmental and landscape impacts including loss of vegetation, habitat and addressing bushfire risk issues.

− People think it is there given right to build a house on a block of land irrespective of size or other constraints.

− There is always political pressure from Councillors to support land owners of small lots to have a house, or for excisions or boundary realignments which do not result in good planning outcomes, which makes it a challenge.

− Most commonly addressed on development issues rather than an understanding of land use issues - see above local policies that have this bias.

− Officers’ recommendations for refusal are routinely overturned by Councillors. In addition to those issues shown above several other important issues were acknowledged including small lots and waterway catchments, small lots and waterway setbacks and established views in local communities that inhibit the community and Councillors from seeing the reasons for restricting dwellings.

1.6 Other considerations in the management of small lots Figure 5, highlights other methods and considerations outside the planning scheme that support and affect the management of small lots. Septic tank permits are the most common consideration for management of small lots. Other considerations listed by respondents are: irrigation water transfer/buy-backs, rural rebate scheme and historical subdivision in the last 10 years. Individual Councils also try to manage Small Rural Lot expectations by providing written advice to real estate firms each year to advise of restrictions on land. Figure 5: Other Considerations for the Management of Small Lots

2 Survey Results by Region The results of the survey have been analysed by region. The results from each shire have been grouped according to the Department of Planning and Community Development’s regional growth plans. The regions include Central Highlands, G21 – Geelong Region Alliance, Gippsland, Great South Coast, Hume, Loddon Mallee North, Loddon Mallee South and Wimmera Southern Mallee. The survey results from the Shires of Cardinia, Whittlesea and Yarra Ranges have been grouped into an Interface region. The analysis indicates the shires found in the Loddon Mallee regions find small lots are most frequently a problem. Conversely, small lots are reported less frequently as a problem in the Wimmera Southern Mallee region. The following list displays the results of the survey by region according to the frequency and severity small lots were reported as a problem. 1. Loddon Mallee North 2. Loddon Mallee South 3. Great South Coast 4. Hume 5. Central Highlands 6. Interface 7. G21 & Gippsland 8. Wimmera Southern Mallee

2.1 Loddon Mallee North Loddon Mallee North consists of Gannawarra Shire, Swan Hill Rural City, Campaspe Shire, Mildura Rural City and Buloke Shire. These shires reported the primary aims when managing small lots were retaining rural areas for agricultural purposes (100% of all shires), limiting the opportunity for small lot excisions (60%), supporting landowners expectations, encouraging farm consolidation, directing development to designated settlements, encouraging efficient use of infrastructure and services and responding to community requests (all 40%). The majority of the local government areas in the Loddon Mallee North region have amended their municipal strategic statements to reference small lots and prepared a rural strategy to identify areas of highest agricultural productivity. The most common issue experienced when making decisions about small lots was the differing amenity expectations between farmers and rural lifestyle landowners followed closely by infrastructure requirements relating to stormwater and sewerage. A lack of understanding by landowners about State Planning Policy and divergent views between Councillors and the organisation were also recognised as issues.

2.2 Loddon Mallee South The local government areas in Loddon Mallee South include the Central Goldfields Shire, Greater Bendigo City, Mount Alexander Shire, Loddon Shire and Macedon Ranges Shire. All these area found that retaining rural areas for agricultural purposes is one of the aims they are trying to achieve when managing small lots. A large proportion of these areas (80%) also aimed to direct development to designated settlements. The strategic planning work that has been undertaken to guide decisions about small lots is varied in the region with the most common work conducted being the development of local planning to policy to guide discretion about subdivisions and dwellings (60% of LGAs). In Loddon Mallee South region common issues with the decision making process were

defining an agricultural use that supports the need for a dwelling and differing amenity expectations between farmers and rural lifestyle landowners.

2.3 Great South Coast The region of Great South Coast is comprised of Colac Otway Shire, Corangamite Shire, Warrnambool City, Glenelg Shire and Moyne Shire. The common aims in the region for managing small lots were: − Retaining areas for agricultural purposes (80%) − Directing development to designated settlements (60%) − Encouraging good land management (60%) Majority of the LGAs in the Great South Coast region have developed a local planning policy to guide decision making about small lots (80%), a considerable proportion has also prepared a rural strategy to identify areas of highest agricultural productivity (60%). All areas reported that divergent views between Councillors and the organisation are a common issue with small lots. A large proportion also indicated that a lack of understanding by land owners about State Planning Policy (80%) were another common issue.

2.4 Hume Hume is comprised of the largest number of local government areas including Benalla and Wangaratta Rural City, Greater Shepparton City, Alpine, Towong, Mitchell, Mansfield, Strathbogie, Moira, Indigo and Murrindindi Shires. The three most common aims in the region were: − Retaining rural areas for agricultural purposes (64%) − Limiting the opportunity for small lot excisions (55%) − Encouraging farm consolidation (45%) Across the eleven areas in the region there has been a variety of work undertaken to guide decision making about small lots. The most common work included the development of a local planning policy (45%), the development of a rural strategy (45%) and an amendment of the Municipal Strategic Statement (36%). The common issues experienced in this region were defining an agricultural use and a lack of understanding by land owners about State Planning Policy.

2.5 Central Highlands The Central Highlands region includes Ararat, Moorabool, Golden Plains, Hepburn and Pyrenees Shires as well as the City of Ballarat. Hepburn Shire had two responses to the survey that differed quite significantly. Due to the conflicting nature of the responses both have been included in the regional analysis of Central Highlands. The areas in the region indicated that their main aims when managing small lots were: − Retaining rural areas for agricultural purposes (71%) − Encouraging restructuring of areas of inappropriate subdivision (43%) − Protect areas of environmental significance (43%) − Encourage efficient use of infrastructure and services (43%) The most common issues highlighted in the region were defining an agricultural use that supports the need for a dwelling, a lack of understanding by land owners about State Planning Policy and divergent views between Councillors and the organisation. The strategic planning work that has been conducted by the Shires consists largely of the

development of local planning policy to guide discretion about subdivision and dwellings and the application of zone and overlay controls to areas where there environmental or land management constraints.

2.6 Interface The interface region as mentioned previously is comprised of Cardinia, Whittlesea and Yarra Ranges Shires. All Councils indicated that retaining rural areas for agricultural purposes is one of the top three things they try to achieve when managing small lots. Other considerations included limiting the opportunity for small lot excisions, protecting the character of the landscape, encouraging efficient use of infrastructure and services and encouraging good land management. All three areas have applied a restructure overlay to areas of inappropriate subdivision. All three areas also reported that the three most common issues when dealing with small lots are defining and agricultural use, infrastructure requirements of stormwater and sewerage and differing amenity expectations between farmers and rural lifestyle landowners.

2.7 G21 The G21 region is comprised of the Surf Coast Shire and the City of Greater Geelong. Both local government areas find that retaining rural areas for agricultural purposes and limiting the opportunity for small lot excisions are important considerations when managing small lots. Both of these areas have undertaken a range of strategic work guiding decision about small lots which includes an amendment of the municipal strategic statement, the development of a local planning policy, the development of a rural strategy and the application of zone and overlay controls to areas where there are environmental or land management constraints. The issues that were common to both areas were defining and agricultural use and a lack of understanding by land owners about State Planning Policy.

2.8 Gippsland Gippsland region has six local government areas that are East Gippsland, South Gippsland, Latrobe, Baw Baw, Wellington and Bass Coast Shires. All the shires in the Gippsland region considered retaining rural areas for agricultural purposes and half of the shires considered encouraging farm consolidation and limiting the opportunity for small lot excisions. Strategic work undertaken in the shire that guide’s decision making about rural areas includes: − Developing a local planning policy to guide discretion about subdivision and dwellings

(50% of all shires) − Applying a restructure overlay to areas of inappropriate subdivision (67%) − Applying zone and overlay controls to areas where there are environmental or land

management constraints (50%) All shires indicated that defining an agricultural use that supports the need for a dwelling is a common issue as well as a lack of understanding by land owners about State Planning Policy.

2.9 Wimmera Southern Mallee Wimmera Southern Mallee Region consists of the Shires of West Wimmera, Northern Grampians, Hindmarsh and Yarriambiack along with the Rural City of Horsham. Common issues experienced in the region when making decision about small lots were a

lack of understanding by landowners about State Planning Policy (80%), hazard and other constraints (60%) and defining an agricultural use (60%). These areas have undertaken very little strategic work that guides decision making about small lots with 40% of the shires already developed a local planning policy to guide discretion about subdivisions and dwellings. In the Wimmera Southern Mallee region the main aims when managing small lots are retaining rural areas for agricultural and managing political pressures. Summary – Survey Results − A survey was conducted to identify current approaches by Councils when dealing with

small rural lots. The survey was completed by 50 Council planners from 48 rural and regional Councils.

− Small rural lots are considered to be a problem for 90% of the respondents with 28% of the respondents finding them a significant issue. Interestingly, there was no obvious relationship between geographic location and the level of issue attributed to dealing with small lots.

− The definition of small lots was divided. The majority of the Council planners (65%) agreed with the definition that a small lot is a lot with a size less than the minimum defined in the Planning Scheme.

− Factors important in the management of small lots includes retaining rural area for agricultural purposes, directing development to designated settlements, encouraging farm consolidations, limiting the opportunities for small excisions, encouraging efficient use of infrastructure and services and finally encouraging good land management.

− Almost three quarters of the respondents found the Victorian Planning Provisions, Ministerial Direction 6 and the practise note is adequate to some degree when making decisions about small lots. The results indicate the State policies are more useful for strategic planning than statutory.

− Strategic work undertaken by Councils to help guide decisions about small lots was most commonly Local Planning Policy followed by Rural Strategies, amending the MSS, applying a restructure overlay and applying zone and overlay controls.

− The most common issues in the responses were the difficulty in defining an agricultural use that supports the need for a dwelling and a lack of understanding by landowners about State Planning Policy.

− The responses from the survey were grouped according to the DPCD’s regional growth plans. The results indicate that the Loddon Mallee North region finds small lots most frequently a problem. Followed by Loddon Mallee South, Great South Coast, Hume, Central Highland, Interface, G21, Gippsland and Wimmera Southern Mallee.

1 Issues Workshop A workshop was held by the Municipal Association of Victoria (MAV) and CPG Australia on the 26th of June at the Windsor Hotel. The workshop was attended by Council officers from over thirty rural and regional municipalities as well as representatives from the Department of Planning and Community Development, Department of Primary Industries and the Victorian Farmer’s Federation.

1.1 Myths, local context and trends The initial discussion explored issues and trends that are faced in each Council and region. Myths about small lot development were also considered. The following list highlights some of the points raised in the large group discussion: Trends − There is a community expectation that you can develop your land − Small lots have been an issue for more than 30 years − In the past, it has been very easy to justify a dwelling on a small lot with the claim you

need 24 hour surveillance of crop/herd − Can use issues surrounding declared water catchment area and bushfire zones to

refusal proposals. Issues − Some areas have a high volume of small lots on high value agricultural land (such as

irrigated land) − Difficulties in enforcing farm plans long term − Difficulties in assessing farm management plans. Myths − State government seems to be against housing development − Idea farming is dead/unviable − Housing improves farming diversity housing doesn’t affect land productivity.

1.2 Project Finding – Region Analysis The regional analysis explored possible groupings of Councils across Victoria. The initial grouping provided to participants, displayed a map of the State with the Department of Planning and Community Development’s regional growth plan areas. The second map provided to participants was a possible grouping system of Councils by population levels. The final map provided to participants was blank so that participants could mark their own regional groupings. The results from regional analysis were: − A strong belief that local government areas should not be grouped into regions − A need for localised assessment rather than regional − An option to build relationships with similar Councils to deal with small lots and these

Council do not necessary have to share a boundary − A strong belief that Council’s should be treated on an issues base rather than

geographical

− The suggested population grouping is a too simplistic measure to group local government areas

− There is a need for localised assessment of land capability for agriculture, housing or land conservation purposes.

1.3 Issues

The issues surrounding management of small lots was explored further with an opportunity for all participants to put forward issues they have previously encountered. Each table of participants were asked to discuss common issues and submit a list of issues raised. The issues provided were transcribed onto large paper and placed around the walls of the room. Participants were asked to vote on the issues by placing a sticky dot on each of the issues they felt were most relevant to their Council. Each participant was given three red and three green sticky dots. They were asked to use all their sticky dots in the voting process. Green dots indicated support of the issue whilst red dots suggested the issue was irrelevant. The following table displays the issues raised through the workshop discussion and the outcome of the voting. Issues •••••••••• Dealing with existing small allotments••••••••• Powers to refuse houses on small lots•••••••• Minimum lot size = minimum house lot size ••••••• Lack of confidence in land use results in a lack of strategic direction

which leads to speculation ••••••• Definition of highest and best use••••• Department of Agriculture (DPI) mapping•••• Separating development rights•••• Lack of state vision•••• Proliferation of houses in rural areas later becomes a problem for

provision of urban services ••• Community Expectations••• Delegation at Council level – standardisation across all Councils for

consistency ••• Better clarity in political process•• Cumulative impact of incremental decisions is not recognised •• Allowance of dwellings around small towns on small lots ultimately

creates problem for town. Growth needs future ODP. •• Political intervention is short term – lack of strategy •• Need political will at different levels of government •• How do you test ‘real’ farm use via agricultural plans? • Land use based farming strategy• Car dependence• Landscape impacts• Stranger policy – ‘must’ us ‘should’• Should focus on dwelling not sub‐division of allotment • Environmental constraints• Land acquisition•••••••••• What skills are available to ‘test’ viability of farm plans? •••••••• Succession planning for ageing farmers wanting to retire and remain on

their land •••••• Permanency of Policy••••••••••••••• Not enough guidance from DPCD

•••••• Community Engagement••••• Incentives for farmers to retain or utilise small allotments for

agriculture ••••••• Weight of Council’s in state policy creation••••• How to determine agricultural viability?••• Land values inflated by dwellings•••••• Principles are needed (e.g. Small lot dwelling is only ok in

municipalities/regions that are suffering population decline) •• Taking water off irrigation•• An ‘investment in agriculture’ test for a dwelling in a small lot ••• How to calculate Net Community Benefit?•• Local UFF submission supported house excision and sub‐division rights

for farmers ••••••••• Inconsistent interpretation between planning schemes •••••••••• Rural living zone should be called Small Farming Zone ••••• State controls – need more rigour•••• Age of farmers / super funds•• Adverse impacts of agricultural practises e.g. Spraying on neighbours••••••• Water catchment guidelines•• Inability of councils to specify minimum lot sizes••••••••••••••• Lack of flexibility in FZ••• Councils want to develop small lots••• Technology (e.g. Remote surveillance) used by farmers overcomes need

for 24hour site occupancy ••• How does infrastructure get delivered to small lots? •• VCAT inconsistency•• What services are available to supports small lot farmers? •• Use of S173 and permit conditions to manage ongoing use of land •• Size of subdivision• Develop a point system (agricultural stream and environment stream to

test community benefit – as in Ararat) • UGB uncertainty• Food security Amenity of landscape Highlight long term direction/intention Tourism Development Pressures – i.e. Lifestyle Proportion of small lot available for farming vs. residential use Fire risk Not as simple as dwellings are ‘bad’ vs. ‘farming is good’ Economies of scale ‘Tree change culture’

1.4 Options

Following the discussion of issues the participants were asked to suggest possible options that could be undertaken to address the issues raised. The options suggested in the group discussion largely targeted the most relevant issues; those issues with the most green sticky dot votes. The options included:

1. Smaller area to be excised with house

− Two lot subdivision only, encouraging consolidation 2. Application referred to Dept of Primary Industries to assess farm viability where farm

viability is proven before a house can be built

− Provide LCA − Peer review of application 3. Dwelling be prohibited - “rural dwelling” trigger need for permit

− Distinguishes from a residential use − Pro: distinguishing from a residential use 4. Excise new dwelling from farm when application submitted

− Prohibit dwelling on larger lot − More appropriate in broad acre areas 5. S173 Agreement restricting dwelling on lots greater than the minimum lot size

6. Intensification does not require a lot of land i.e. small farm can be viable

7. Intensive uses need a buffer – possible ESO or Intensive Agriculture Overlay

8. Size of lot does not matter so much, dwelling is more the issue i.e. separate subdivision and dwellings

9. Testing skills of viability of land

10. Education people / building community engagement

11. Practice note/guidelines required to address issue

12. Review of minimum lot sizes

− Horses for courses − Schedule to FZ – FZ1 & FZ2 depending on land characteristics 13. Be able to say ‘no’ to subdivision

14. Ensure we are planning for long term, beefing up policy

15. Emphasis “right to farm”

− Create legislation 16. Attach zone & overlay provisions to contract of sales

− Raise better awareness 17. Reviewing existing zones, rural strategy has not fixed this

18. GWZ is better than the FZ, GWZ better than the RCZ

19. Food production zone

20. Lifting delegations for approval process

21. Decide applications at State level to provide consistencies

22. Farmers being licensed

− More likely to see successful farm plans − Community resistance

The twenty-two options suggested were also transcribed onto paper and placed on the walls of the room. The participants were asked once again to vote in the same manner as before on the options they considered most relevant. The subsequent table indicates those options that were popular, unpopular and those with a mixed response.

Popularity Options

Very popular 17. Reviewing existing zones, rural strategy has not fixed this

15. Emphasis on the “right to farm”

13. Be able to say ‘no’ to subdivision

10. Education people / building community engagement

Popular 3. Dwelling be prohibited - “rural dwelling” trigger need for permit

Mixed 2. Application referred to Dept of Primary Industries to assess farm viability where farm viability is proven before a house can be built

8. Size of lot does not matter so much, dwelling is more the issue i.e. separate subdivision and dwellings

Unpopular 4. Excise new dwelling from farm when application submitted

5. S173 Agreement restricting dwelling on lots greater than the minimum lot size

Very Unpopular 21. Decide applications at State level to provide consistencies

22. Farmers being licensed

Summary – Issues Workshop − Myths, local trends and issues were explored in the initial discussion held at the

workshop hosted by MAV and CPG Australia. Participants included Councillors and Council officers from over 30 Councils, representatives from DPCD, DPI and VFF. Key issues raised included the difficulties in enforcing farm plans long term and assessing farm management plans.

− Analysis by region was considered by the participants who largely felt that small lots should be treated on an issues base rather than geographical. There was a strong belief amongst the group that local government areas should not be grouped into regions.

− Issues surrounding the management of small lots were put forward by participants and voted on by the participants. The most common issues were dealing with existing small allotments, powers to refuse houses on small lots, the minimum lot size, a lack of confidence in land use results and how to define the highest and best use.

− Options were identified that could be adopted to address the issues raised through the discussion. The most popular solutions included reviewing existing zones, emphasizing the “right to farm”, being able to say “no” to subdivision and educating the population about small lots.

Small Rural Lots Review

G:\13\133998\Small Rural Lots Review - 2.0.doc Page 1

1 Local Planning Schemes – How Small Rural Lots are dealt with The Small Rural Lots Survey provided an opportunity for Council planners to list relevant aspects of their planning scheme that relate to the management of small lots. Each of the responses from the Council planners are displayed in bold italics followed by the relevant planning scheme description.

1.1 Alpine We use the Farming zone agreements and often require landowners to consolidate land to tidy up excess small lots − The development of rural land principally for residential purposes is not

encouraged by Council (21.03-2 Settlement). − To maintain and improve rural production as a key component of the Shire’s

economy, fragmentation of rural land by inappropriate subdivision must be avoided. It is acknowledged that land size requirements can be dependent on the rural activity being undertaken however this demand for variable lot sizes should be met through the significant numbers of existing small rural lots or the reconfiguration of existing lots rather than subdivision (22.02-2 Subdivision in Rural Areas).

− There are increasing pressures for small lot subdivisions to create lots for existing dwellings in the rural areas of the Shire. This option has historically been viewed as a primary producer’s “superannuation” however this is an inappropriate practice. The practice of creating lots for existing dwellings ultimately increases the pressure for more dwellings and increased community and infrastructure services in the rural areas. Housing needs for the community in general are to be met within the townships and the designated rural living areas in the Shire.

− Policy: An agreement under Section 173 of the Planning and Environment Act 1987 be entered into with the owner of each lot created that ensures that no additional lots are created under Clause 35.01-4 for existing dwellings. The agreement is be registered on title (22.02-3 Subdivision to Create A Lot for an Existing Dwelling).

− To limit subdivision of land and retain land in larger lots suitable for the relevant requirements of cattle grazing. The number of lots should be reduced through the consolidation of land and restriction of further subdivision of land (22.02-5 Remote Rural Areas).

− Agriculture is an important sector to the economy in the Alpine region. Council recognises the need to provide flexibility in the minimum lot size in the Farming Zone for genuine agricultural activities. Council also recognises the economical, social and environmental benefits of protecting rural land from residential development. The minimum subdivision area is 40 hectares of 20 hectares in accordance with Local Planning Policy Subdivision in Rural Areas Clause 22.02-2 (Schedule to the Farming Zone).



1.2 Alpine Resorts

− No lot size controls

1.3 Ararat Internal procedure for evaluating support for dwellings − Objective 8: Rural Living - To ensure that new dwellings on small lots in rural

areas are related to an agricultural outcome and do not prejudice rural activities (21.03-2 Rural Living).

− The use of land for the purpose of intensive agricultural pursuits is increasing throughout the municipality. While there is the need to facilitate the provision of smaller lots for intensive agriculture, such pursuits must not adversely affect the environmental and agricultural qualities of land in the municipality. There is also a need to ensure that new dwellings in the rural areas are related to an agricultural outcome and do not prejudice agricultural pursuits (21.05-1 Primary Production).

− Encourage the consolidation of lots with adjoining landowners to create more productive and efficient landholdings (21.05-1 Primary Production).

− Discourage the creation of lots of less than 40 hectares in the Farming Zone other than where such lots are intended to be used for demonstrably viable viticulture or intensive farming activities, and where a whole farm plan is prepared (21.05-1 Primary Production).

− Council recognise the importance of intensive agricultural pursuits and the increasing trend of smaller lots for intensive agriculture. The minimum subdivision area and area for which no permit is required to use land for a dwelling is 40 hectares.

1.4 Ballarat

Amendment to planning scheme - C148 − The rural areas surrounding Ballarat have some of the highest value of

production per hectare in the State and consequently agricultural is an important contributor to the local economy. Council aims to manage agricultural land resources in the area in a sustainable manner.

1.5 Bass Coast

Clause 21.05-3 Small Rural Lots, Clause 21.06-5 Agriculture Schedule to Restructure Overlays - reference to adopted Restructure Plans



Objective in 21.06-5 Agriculture - Farm Management Plan Rural Strategy is underway − Generally, the creation of small rural lots is inappropriate in rural areas. The

additional house entitlement created is rarely necessary to improve the farm operation on the land from which it was excised. This is effectively the means by which rural land has been progressively lost to hobby farming or rural residential type living and is in direct conflict with the aims and objectives of the Farming Zone and the Rural Conservation Zone (21.05-3 Small rural lots).

− Objective 1: To retain and protect viable rural holdings. − Strategy 1.1 Strongly discourage the fragmentation of the rural land through

the creation of small rural lots within the Farming Zone and the Rural Conservation Zone.

− Strategy 1.2 Discourage small rural lots in areas of agricultural production. − Strategy 1.3 Discourage boundary realignments and the creation of

additional lots, unless they result in a consolidated parcel of land being retained for agricultural use, and it can be demonstrated that there is a clear improvement in farming efficiency.

− Strategy 1.4 Provide opportunities to consolidate or increase the size of land holdings in the Farming Zone and the Rural Conservation Zone in order to increase economies of scale and create more viable farming systems.

− Strategy 1.5 Support, where appropriate, the creation of small lots as parts of re-subdivision where it provides for the ongoing protection and viability of agricultural landholdings (21.05-3 Small rural lots).

− Objective 2: To prevent land use conflicts in agricultural areas. − Strategy 2.1 Ensure that dwellings are not excised from land within the

Farming Zone and the Rural Conservation Zone, unless it can be demonstrated that there is a clear improvement in farming efficiency.

− Strategy 2.2 Encourage the use of existing small lots for innovative or niche productive activities.

− Strategy 2.3 Discourage subdivision that is likely to lead to a concentration of lots that changes the general use or development of the area (21.05-3 Small rural lots).

− Objective 3: To ensure small rural lots do not occur in environmentally sensitive areas. − Strategy 3.1 Discourage small rural lots within Proclaimed Water Supply

Catchment Areas zoned Rural Conservation. − Strategy 3.2 Discourage small rural lots where there is likely to be an

impact on landscape values, significant environmental features such as remnant vegetation, wetlands, coastal reserves and waterways.



− Strategy 3.3 Discourage small rural lots in areas where there are unsealed roads and remote from physical and community infrastructure.

− Strategy 3.4 Support, where appropriate, the creation of small lots as parts of re-subdivision where it enables the protection of significant environmental features of a particular site (21.05-3 Small rural lots).

− Restructure Overlays: RO1 Dudley Township, RO2 Adams Estate, RO3 Queensferry Township, RO4 Kilcunda Township, RO5 Woolamai Township, RO6 Dalyston Township, RO7 Wonthaggi South (Schedule to the Restructure Overlay).

− Bass Coast has three important objectives in the creation and management of small lots within the Shire. The Shire has also adopted several restructure overlays.

1.6 Baw Baw

Clauses 21.05-3, 21.10-2 and 21.11-1 Tarago Catchment Clause 22.03-4 and 22.07 Need to include Business Plan/Farm Plan and address FZ decision guidelines We are completing a settlement strategy which includes rural areas − To ensure that the development of dwellings and the creation of small lots for

existing dwellings minimises the loss of productive agricultural land and does not prejudice activities associated with agricultural production. Encourage subdivision which creates or retains lots over 40 hectares (22.07-1 Farming Zone and Rural Activity Zone).

− Restructure Overlays: RO1 Land south of Nayook, RO2 Land in the township of Neerim Junction, RO3 Land in and adjacent to the township of Neerim, RO4 Land in the Tarago (Schedule to the Restructure Overlay).

− The minimum area for which no permit is required to use land for a dwelling is 40 hectares in the Shire of Baw Baw.

1.7 Benalla

Clause 22.03, 22.04 Refer application requirements of the policy



VPP reference − This policy applies to all land in the Farming, Rural Conservation and Rural

Living zones. For the purposes of this policy a “small lot” is any allotment with a size less than that specified as the minimum lot size for subdivision in the Schedule to the Farming Zone, the Rural Conservation Zone and the Rural Living Zone (22.03 Rural Housing In Rural Areas).

− The construction of new dwellings on existing small lots will be discouraged except if: − Substantial services and infrastructure works have been completed; or − The applicant can substantiate that the land has no agricultural potential

and native vegetation will be retained and managed; or − The development will not inhibit the rights of existing farms to continue their

operations (22.03-3 Policy). − When considering permit applications for a second dwelling on a lot, a

Section 173 agreement under the Planning and Environment Act will be required prohibiting the subdivision of the second dwelling if the lot is less than the minimum lot size in the schedule to the zone (22.03-3 Policy).

− Discourage subdivision that is likely to lead to a concentration of lots so as to change the general land use and character of the rural areas unless it can be shown that the clustering of lots will enhance the productive use of the land (22.04-3 Policy).

− Objective: To prevent the fragmentation of rural land and encourage consolidation of farm lots.

− Objective: To discourage subdivision (other than for farm consolidation) which results in a dwelling not related to rural purposes.

− Objective: To ensure the activities conducted on small lots do not prejudice surrounding agricultural activities (22.04-2 Objectives).

− Benalla Council aims to prevent the fragmentation of high quality land and encourages farm consolidation. Subdivisions of rural land at greater density than what is required for rural use of the land could jeopardise the economic prosperity of the region. The minimum subdivision area is 40 hectares.

1.8 Buloke Clause 22.03, page 4 − The cropping and grazing industry base of the Shire supports service and

value adding industries in the Shire. Rural Dependent Enterprises that complement the agricultural production base of the Shire should be supported. These enterprises are often located on smaller lots due to their productivity requirements and consequently must be developed on land that is not considered to be prime agricultural land (21.06 Economy of the Shire).



− It is policy that the responsible authority may consider applications for

subdivision of rural land to create lots less than 100ha where the following situations apply: − Where an agricultural activity could viably take place on a small lot,

because of its intensive nature; and − Where a rural dependent enterprise is proposed and cannot be located

outside the Farming Zone (22.03 Rural Land And Sustainable Agriculture).

− Subdivisions which are likely to lead to a concentration of lots altering the general use and character of the area and which are inconsistent with the purposes of the zone will be discouraged. (22.03 Rural Land And Sustainable Agriculture)

− Subdivision creating lots of a size greater than that required to undertake the operations of the Rural Dependent Enterprise and to provide any necessary buffer areas will be discouraged. (22.03 Rural Land And Sustainable Agriculture)

− The minimum subdivision area is 100 hectares with the exception of application for rural dependent enterprise or intensive agriculture and meets the requirements of LPP.

1.9 Campaspe

Clause 21.04-3, Clause 45.05 Schedule 1 – 6 22.01 See our web site for fact sheets on dwellings in the farming zone Regional Rural Land use Strategy (Planning Scheme Amendment C69) − Objectives:

− To discourage the fragmentation of agricultural land into lots of a size not capable of agricultural production (except where the outcome is farm consolidation).

− To encourage the consolidation of agricultural land. − To prevent the creation of irregular shaped lots that do not support efficient

agricultural practices. − To prevent “serial” small lot subdivisions from the one lot (22.01

Agricultural Policy). − The minimum subdivision area is 100 hectares for the any land that is a part of

the Goulburn Murray Irrigation District and the Rochester Irrigation District or



on land with a water licence for irrigation issues from an appropriate water authority otherwise all other land’s minimum is 250 hectares.

− Restructure Overlays: RO 1 Echuca Village, RO 2 Land contained in Township of Wharparilla, RO Land contained in Township of Strathallan, RO 4 Land contained in Township of Corop, RO 5 Land contained in Township of Runnymede, RO 6 Land contained in Township of Toolleen, Toolleen Restructure Plan (Schedule To The Restructure Overlay).

1.10 Central Goldfields

GIS tenement patterns, existing land use − Subsequent to the residential and rural residential land supply assessment,

place a Restructure Overlay on old and inappropriate subdivisions outside of township boundaries to encourage consolidation of lots (21.06 Residential Development).

− The minimum subdivision area and area for which no permit is required for a dwelling is 40 hectares.

1.11 Colac Otway

21.02-2, 21.03-1, 21.03-8, 21.05-1 Being introduced to four areas through Amendment C69 (currently on exhibition) No local policy - policies have been included in the MSS Refer Amendment C69 to Colac Otway Planning Scheme docs Information Sheet/Checklist (see Statutory Planning section of Shire web site - Dwellings in the Farming Zone) Rural Land Strategy 2007 and Rural Living Strategy 2011 (both on Council web site) − The clear evidence of farm amalgamations and the need to increase farm

sizes to remain economically viable indicates that policy and provisions relating to dwellings and small lot subdivisions in rural areas will require a strict interpretation of the Farming Zone provisions to ensure incompatible land uses (including dwellings) do not negatively impact on the ability to farm (21.05-1 Agriculture).

− Approval of a dwelling or a small lot subdivision accompanied by a legal agreement prohibiting further subdivision and a further dwelling being erected



on the vacant parcel can ensure the value of the remainder of the land will not be distorted by the presence of a house, but will be priced to reflect that the land has no further potential for a house. Given that the remainder of the land will have no housing potential, this may be the incentive for the land to be retained and consolidated in agricultural use (21.05-1 Agriculture).

− Ensure that small lot subdivisions or excisions facilitate sustainable rural production and do not prejudice surrounding rural activities (21.05-1 Agriculture).

− The minimum subdivision area in Colac Otway is 40 hectares on land south of Princes highway and land west of Ballarat Road. It is 80 hectares on land north of Princes Highway and east of Ballarat Road.

1.12 Corangamite

− The excision of dwellings will take place in a manner which will ensure the

dwelling does not have the potential to restrict agricultural production on adjacent land. It should be ensured that adequate distance is maintained within the existing lot around the dwelling to reasonable limit likely impacts (if any) of adjacent agricultural activity. The permit may require the planting of vegetation within the excised lot to reduce any potential impacts (22.01-2 House Lot Excision).

− Subdivision that is likely to lead to such a concentration of lots as to change the general use and character of the rural area will be discouraged unless it can be shown that the clustering of lots will not limit the productive use and development of the larger lots in the subdivision or that surrounding (22.01-2 House Lot Excision).

− House lot excisions can be detrimental to the efficient operation of farming if the lot provided does not relate to the farming activity. − To ensure that the excisions of dwellings and creation of lots smaller than

that specified in the Schedule to the Farming Zone is consistent with the purposes of the zone

− To limit the subdivision of land that will be incompatible with the utilisation of the land for sustainable resource use

− To ensure that the subdivision of land which excises a dwelling is designed in a manner which does not prejudice surrounding rural production activities (22.01-2 House Lot Excision).

− Restructure Overlay: Map 17RO Ballarat-Camperdown Road (Schedule to the Restructure Overlay).

− The minimum subdivision area in Corangamite is 40 hectares and the minimum area for which no permits is required to use land for a dwelling is 20 hectares.



1.13 East Gippsland

21.05 pages 7, 8, 20, 21, 22, 23 and 24 Newlands Arm and Tambo Bluff Although not mandatory the MSS advises of the need to seek a whole of farm plan when appropriate see 21.05-4 page 23 Council has standard Section 173 agreements produced by Council's lawyers for the use of the public when a mandatory Section 173 agreement must be entered into restricting further subdivision There are several recent reports to Council that can be viewed via Council's website − Small lot rural development will be held to a minimum with Lakes-based

holiday development primarily directed to fully serviced urban areas in order to help preserve rural landscapes and environmental qualities, maintain long-term agriculture land potential, and concentrate the impact of tourism and urban development (21.05-4 Land use & development).

− Generally, low density (rural residential) house lots (0.4 to 2 hectares) will be permitted only where located around fully serviced towns and townships, and where environmental quality and sensitivities are not high, e.g. abutting Lakes Entrance, Paynesville and Eagle Point (21.05-4 Land use & development).

− Small-lot subdivision along river frontages and lakes shorelines will generally be strongly discouraged; release of small-lot rural land will be carefully controlled and rezoning will be at a rate which ensures that land released does not compete with fully serviced lots in urban centres (21.05-4 Land use & development).

− Subdivision for small (hobby) farm lots (up to 40 hectares) will be limited; it should occur only where land degradation, environmental, and management problems will not be created. It should not occur in ecologically sensitive areas. Restrict subdivision outside areas defined as being suitable for ‘rural residential’ (21.05-4 Land use & development).

− An application for a second or subsequent dwelling on a single lot should demonstrate the dwelling is required for the purposes of activities to be carried out on the subject land. (21.05-4 Land use & development).

− Applications that excise existing dwellings should have a minimum of 2 hectares that contains the dwelling (21.05-4 Land use & development).

− Where applications to excise an existing dwelling would leave a balance area which is smaller than the minimum lot size for the zone, consolidation of the balance of the lot with an adjoining lot or lots should occur (21.05-4 Land use & development).



− Mosquito Pont - Further development will be strictly limited. Development of more than one dwelling on any lot will be actively discouraged unless it can be demonstrated that the environmental qualities of the area will not be affected adversely. Any further subdivision will be subject to the ability of the land to absorb wastes, protection of native vegetation, and minimal impact on adjoining public land (21.06-2 Lakes & Coastal).

− Genoa - In the rural area, retention of large lot sizes will be encouraged, but opportunities exist for appropriate small scale tourist or commercial uses in association with rural activities (21.06-2 Lakes & Coastal).

− Lindenow/Lindenow South - High value agricultural land will be protected from inappropriate development. The Mitchell River flats are zoned Farming, with a small minimum lot size for subdivision, in order to facilitate restructuring of holdings for agricultural purposes. Development of dwellings will generally require a permit, to minimise the impact of non-agricultural uses on valuable land and the operations being carried out on it (21.06-3 Agricultural Hinterland).

− The minimum subdivision area is 40 hectares for Faming Zone 1, 30 hectares for Faming Zone 2, 15 hectares for Farming Zone 3 and 1 hectare for Farming Zone 4 (Schedules to the Farming Zone).

− Restructure Overlays: RO1 Glen will Township, RO2 Sunnyside Township, RO3 Fernbank Township, RO4 Newlands Arm Estate, RO5 Tambo Bluff Estate (Schedule to the Restructure Overlay)

1.14 French and Sandstone Island

− Support the subdivision of land only where adequate access can be provided

and in accordance with land capabilities, environmental values and the desirability to retain viable farm lots. (21.08-1 Rural land use and agriculture)

− The minimum subdivision area is 40 hectares for all land. − Restructure Overlays:

RO1 Tankerton Estate, RO2 Bullock and Decoy Swamp Area, RO3 Sandstone Island (Schedule To The Restructure Overlay)

1.15 Gannawarra

Clause 22.08, 22.09 Yes - to apply over balance of the land House Lot Excision Guidelines & Waterside Development Guidelines Gannawarra Shire Council Urban and Rural Strategy Plan November 2007



− Policy Objective: Protection of agricultural land from inappropriate use, development and subdivision (Clause 21.04-1).

− Indicators: Number, type and location of planning applications for use and development within the Farming Zone. And the number, type and location of planning applications for excision of smaller lots in irrigated areas.

− Target: Reduction in the number of approvals for non-agricultural use and development within the Farming Zone and the reduction in approvals for excisions which increase housing potential (21.05 Monitoring And Review).

− Fragmentation of productive agricultural land by inappropriate subdivision is to be avoided to ensure the productive capacity of the land is maintained. The policy provides a consistent strategic basis for considering permit applications for excisions of dwellings and creation of lots smaller in size than that specified in the Schedule to the Farming Zone (22.08 Rural Subdivision).

− To ensure that the excisions of dwellings and creation of lots smaller than that specified in the Schedule to the Farming Zone is consistent with the purposes of the zone (22.08 Rural Subdivision).

− Subdivision that is likely to lead to such a concentration of lots as to change the general use and character of the rural area will be discouraged unless it can be shown that the clustering of lots will not limit the productive use and development of the larger lots in the subdivision or the surrounding area (22.08 Rural Subdivision).

− This policy applies to all land in the Farming Zone for applications to erect a dwelling. For the purposes of this policy a “small lot” is any allotment with a size less than specified for subdivision in the Schedule to the Farming Zone (22.09 Rural Dwellings).

− Minimum subdivision area: (hectares). − Dryland areas - on all land within the zone outside of the Declared or

licensed Irrigated areas within the municipality 40 hectares − Irrigated areas - on all land within the zone which is within a Declared and

gazetted Irrigation District; or on land where a water licence has been issued by the appropriate water authority within the municipality. 20 hectares

− Irrigated areas - on all land within the zone which is within a Declared and gazetted Irrigation District; or on land where a water licence has been issued by the appropriate water authority within the municipality. An area of less than 20 hectares in irrigated areas where the proposal satisfies the objectives and requirements of Local Planning Policies Rural Subdivision (Clause 22.08) and Rural Dwellings (Clause 22.09)

− Minimum area for which no permit is required to use land for a dwelling is 40 hectares in dryland areas and 20 hectares in irrigated areas (Schedule To The Farming Zone).

− Restructure Overlay: 20 Settlement Road and Ninyeunook Road, Ninyeunook Schedule (To The Restructure Overlay)



1.16 Glenelg

Land management plan ton justify dwelling Rural Zones Review − The development of housing which does not relate to or support continued

agricultural production can be in conflict with agricultural practices through issues such as spray drift and farm management practices and the rising price of land which makes restructuring of farms more difficult and costly. Proposals to excise dwellings or create lots for dwellings in rural zones need to avoid these types of conflicts (22.01-4 Excision of dwellings in rural areas).

− Subdivision that is likely to lead to such a concentration of lots as to change the general use and development of the area and which is not consistent with the purpose of the zone shall be discouraged.

− Lots created under the provisions of Clause 35.07-3 for residential use and development shall be clustered to minimise the area taken up by residential use and development and shall not be located so as to limit the productive use and development of rural land (22.01-4 Excision of dwellings in rural areas).

− There is no minimum subdivision area specified in the Shire of Glenelg. The minimum area for which no permit is required to use land for a dwelling is 40 hectares (Schedule to the Farming Zone).

1.17 Golden Plains

North West Area Clause 22.05 House Lot Excision 22.04 Farm Management Plan

Rural Land Use Strategy. Structure Plans/Urban Design Frameworks which provide clear town boundaries to direct development within existing settlements. − House lot excisions can be detrimental to the efficient operation of farming

activities and can result in isolated residential development without adequate access to social and physical services. House lot excisions can lessen the capacity of an area to undertake agricultural production as conflicts can arise between residential and farming land uses (22.04 House Lot Excision).

− House lot excision of rural properties will be supported only where it does not compromise the future capacity of agricultural production on the property and surrounds (22.04 House Lot Excision).



− Lots created for an existing dwelling, under the provisions of Clause 35.07-3 should have a maximum size of 2 hectares, except as otherwise required by a provision of this planning scheme (22.04 House Lot Excision).

− The excision of dwellings will take place in a manner that will ensure the dwelling does not have the potential to restrict agricultural production on adjacent land. It should be ensured that adequate distance is maintained within the existing lot around the dwelling to reasonably limit likely impacts (if any) of adjacent agricultural activity. The permit may require the planting of vegetation within the excised lot to reduce any potential impacts (22.04 House Lot Excision).

− Excluding the north west area of the Shire, subdivision that is likely to lead to a concentration of lots that would change the general use and character of the rural area will be discouraged unless it can be shown that the clustering of lots will not limit the productive use and development of the larger lots in the subdivision or surrounding properties (22.04 House Lot Excision).

− Restructure Overlays: RO1 Illabarook Environs, at the Corner of Cape Clear, Rokewood Road and Illabarook Football Ground Road, Illabarook, RO2 Taylors Road, Haddon (Schedule to the Restructure Overlay)

− In the Shire of Golden Plains the minimum subdivision area is 100 hectares (Schedule to the Farming Zone).

1.18 Greater Bendigo 21.05-3 R01 Kamarooka, RO2 Ravenswood, RO3 Neilborough Incorporated plans 22.02 and 22.03 (currently being reviewed, C170) New Local Policy contains application requirements including a farm business plan (C170) Rural Areas Strategy − Discourage the construction of dwellings on existing small lots within the

Farming Zone (21.05-3 Strategies). − Encourage subdivision and the construction of dwellings in the Restructure

Overlay through the consolidation of lots (21.05-3 Strategies). − Discourage the construction of dwellings on existing small lots within the

Farming Zone (22.02 Rural Dwellings Policy). − Existing land zoned Farming be protected from fragmentation by the use of

land for residential purposes (22.02 Rural Dwellings Policy). − Dwellings on existing small lots (lots smaller than the schedule minimum) in all

rural areas will be discouraged except if: − Subdivisions have been created since the introduction of planning controls;



− Substantial infrastructure works have been completed; or − The land has no agricultural potential and native vegetation will be retained

and managed (22.02 Rural Dwellings Policy). − All subdivisions and all dwellings on small lots must comply with an adopted

restructure plan when affected by a Restructure Overlay (22.02 Rural Dwellings Policy).

− The construction of dwellings within the preferred locations for intensive agricultural industries be discouraged unless associated with the intensive animal industries (22.02 Rural Dwellings Policy).

− Lots created by excising dwellings under the provisions of Clause 35.01-4 or 35.02-4 should have a maximum size of 2 hectares, except as otherwise required by a provision of this planning scheme (22.03 Rural Subdivision Policy).

− Subdivision of high quality agricultural land will not be supported (22.03 Rural Subdivision Policy).

− Serial excisions and further subdivision after re-configuration of existing titles will not be supported (22.03 Rural Subdivision Policy).

− Northern Highway West and Huntly South of Midland Highway have a minimum subdivision area of 64 hectares. All other land in the City is 40 hectares.

− Restructure Plan Overlay: RO1 Kamarooka, RO2 Ravenswood, RO3 Neilborough (Schedule to the Restructure Overlay)

1.19 Greater Geelong

21.05, 21.07-5, 21.07-6, 21.14 22.05 The need for farm management plans implicit in local policy − House lot excisions are discouraged (22.05 Agriculture, Rural Dwellings

And Subdivision). − The responsible authority will support the construction of a dwelling on a lot

zoned Farming where: − The responsible authority is satisfied that the construction of a dwelling on

the property will not result in the property being removed from agricultural production, and it is demonstrated by the applicant that the primary use of the land will continue to be agriculture.

− Existing agricultural activity on adjoining land will not be compromised. − The proportion of the property used for the dwelling and ancillary

infrastructure is minimised, and such development is directed to the area of



lowest agricultural quality (22.05 Agriculture, Rural Dwellings And Subdivision).

− The minimum subdivision area (hectares) in Greater Geelong:. − Northern Rural area 80 hectares − South-west Rural area 40 hectares − Bellarine area 30 hectares − Refer to the ‘Farming Zone Minimum Subdivision Area Map which is

diagram 1 to this Schedule (Schedule To The Farming Zone). − Minimum area for which no permit is required to use land for a dwelling

(hectares): − Northern Rural area 80 hectares − South-west Rural area 40 hectares − Bellarine area 30 hectares − Refer to the ‘Farming Zone Minimum Subdivision Area Map which is

diagram 1 to this Schedule (Schedule To The Farming Zone).

1.20 Greater Shepparton Clause 21.06-1, 21.06-2, 21.06-6, 21.06-7, 21.04-2, 21.04-3, 21.04-7 − Objectives:

− To ensure that dwellings in rural areas are required to support the agricultural use of the land.

− To discourage the development of dwellings which are unrelated to farming. − To ensure that the use of a dwelling on a rural lot does not prejudice

surrounding agricultural activities. − To prevent the construction of dwellings on small and inappropriate lots in

rural areas (21.04-3 Dwellings In Rural Areas). − Strategies:

− Discourage dwellings on old and inappropriate lots where amenity may be negatively impacted by farming activities, or where dwellings may inhibit rural activities (21.04-3 Dwellings In Rural Areas)

− Encourage consolidation of rural land holdings to increase the viability & sustainability of agriculture (21.04-3 Dwellings In Rural Areas).

− Objectives : − To discourage the fragmentation of rural land into lots of a size not capable

of agricultural production. − To encourage the consolidation of farm lots so as to increase the viability of

agriculture. − To protect rural land for productive agricultural purposes.



− To limit non-agricultural development on high quality agricultural land (21.06-1 Agriculture).

− Farm holdings in the area are becoming larger and the role of companies is expected to progressively replace the role of the family in ownership and management of farms. Rural house lot excisions continue to pose a threat to the long term viability of the agricultural sector by reducing the size of farms and by causing friction between the expectations of farmers and residents (21.06-2 Subdivision In Rural Areas).

− The planning scheme already provides for a range of subdivision sizes based on the amount of land required to be viable for either intensive agriculture, intensive rural activities or broadacre farming. The lot sizes specified in the Schedule and maps to the Farming Zone are the minimum areas considered by Council to support viable agricultural enterprises. Subdivision of rural land at a density greater than these minimums, especially for personal and financial reasons; or to create lots for “rural lifestyle” purposes, could jeopardise the economic future of the region (21.06-2 Subdivision In Rural Areas).

− The only circumstance in which Council will contemplate a small lot subdivision is if it leads to the consolidation of rural landholdings so as to promote the viability of agriculture. This is an increasingly important issue in the municipality since the deregulation of the dairy industry. While small lot subdivisions will not typically be encouraged in the municipality, they will be considered on a case by case basis if the outcome is farm consolidation (21.06-2 Subdivision In Rural Areas).

− To discourage “small lot” subdivision unless the balance lot is of a size sufficient to support a viable agricultural enterprise (21.06-2 Subdivision In Rural Areas).

− To ensure that small lot subdivisions do not prejudice surrounding agricultural activities (21.06-2 Subdivision In Rural Areas).

− Discourage small lot subdivision including house excisions (21.06-2 Subdivision In Rural Areas).

− The minimum subdivision area is 100 hectares for Intensive Agriculture and Intensive Rural whereas it is 250 hectares for Broad Acre Farming Land (Schedule To The Farming Zone).

1.21 Hepburn

21.01-3, 21.01-821.08 Clause 45.05, 22.04 Planning Scheme Review Report 2011 Currently undertaking structure/restructure planning for small communities Generally follow the Maddocks proforma



Currently undertaking structure/restructure planning for small communities Drummond and Sailors Falls RO Clause22.04 21.08 Farm Plan for dwelling in the FZ − Agriculture is the traditional economic base of Hepburn Shire. Significant areas

of high and very high quality agricultural land exist in the Shire and need to be protected from further encroachment through unplanned urban expansion and other non agricultural based land uses. These areas, which are shown on the Economic Development Plan, have been identified as part of a regional study and indicate areas capable for continuing sustained agricultural production. In recent years a range of newer agricultural activities has emerged in the Shire and needs to be encouraged. However some areas of the Shire have also become broadly rural-residential in nature. Some of this development has encroached upon high quality agricultural land. Fragmentation of large rural holdings through land subdivision into smaller lots can diminish opportunities to maintain rural areas in agricultural production (21.08 Rural Land Use & Agriculture).

− Encourage consolidation of allotments capable of agricultural production where appropriate and discourage the fragmentation of productive rural land (21.08 Rural Land Use & Agriculture). − To provide for the erection of dwellings on rural lots where associated with

and required to support a productive agricultural enterprise (22.04 Rural Land).

− Restructure Overlay: RO1 Scobles Road, Bushmans Crescent/Liza Drive, North Drummond, RO2 Sailors Falls Estate, Telegraph Road (Schedule to the Restructure Overlay).

− The minimum subdivision area is 40 hectares for land within Area 1 & 2 and 20 hectares for land within Area 3.

1.22 Hindmarsh

Rely on the requirements of Clause 35.07 − In the Shire of Hindmarsh the minimum subdivision area is 40 hectares and

the minimum area for which no permit is required to use land for a dwelling is also 40 hectares (Schedule To The Farming Zone).

1.23 Horsham



− Fragmentation of rural land by inappropriate subdivision is to be avoided to ensure the productive capacity of the land is maintained. This policy provides a consistent basis for considering permit applications to create a lot for an existing dwelling which is smaller than the relevant minimum area specified in the Schedule to the Farming Zone. The subdivision of land to less than the minimum lot size is of particular concern in the Wartook area adjacent to the Grampians National Park (22.03 Small Lot Subdivisions In The Farming Zone Policy).

− Objectives: − To ensure that any proposed lot which is smaller than the relevant minimum

area specified in the Schedule to the Farming Zone, created for an existing dwelling, is consistent with the purposes of the Farming Zone.

− To limit the potential for subdivision of lots less than the minimum area specified in the Schedule to the Farming Zone in the Wartook area in the vicinity of the Grampians National Park (22.03 Small Lot Subdivisions In The Farming Zone Policy).

− Implementation: − Any lot created for an existing dwelling under the provisions of Clause

35.07-3 dot point 3 should be the minimum area required to include the house, appropriate outbuildings, dams and other related infrastructure. It is important that maximum amount of land is retained in the balance lot for agricultural use.

− Any lot created for an existing dwelling under the provisions of Clause 35.07-3 dot point 3 should be designed in a manner which will ensure the dwelling does not have the potential to restrict agricultural or other productive activity on adjacent land. It should be ensured that adequate distance is maintained within the lot around the dwelling to reasonable limit likely impacts (if any) of agricultural or other activity on adjacent land.

− House lot excisions will only be supported where it can be demonstrated that the balance lot can still be used for productive agriculture.

− Council will consider the history of subdivision and house lot excisions on the subject property to ensure that the trend of development is not compromising the agricultural potential of the property (22.03 Small Lot Subdivisions In The Farming Zone Policy).

− Minimum subdivision area: − Land affected by Environmental Significance Overlay 1 - Wartook Tourist

Area is 16 hectares − Land hatched in Map 1 is 10 hectares − Land hatched in Map 2 is 16 hectares − Land hatched in Map 3 is 400 square metres − All other land 60 hectares (Schedule To The Farming Zone)

1.24 Indigo



Clauses 21.02, 21.03, 21.04-2-1 Clauses 22.01-5, 22.02-1, 22.01-2, 22.02-2, 22.03-4, 22.03-2 Amendment C24 Panel Report re: C22.01-5 − The continued use of land zoned for rural production is paramount to the

economic future of the Shire. Across the Shire there is great variability in land capability and production potential. Consequently the concept of a uniform minimum lot size is not appropriate for the Shire. Indeed much of the Shire already comprises lots less than 40ha as a result of subdivisions made during the gold rush era. Further subdivisions in the rural area, particularly new lots less than 40ha, should facilitate productive use of land and ensure sustainable practices in respect of the resource base (21.04-2-1 Agriculture).

− Implementation: Farming Zone to all agricultural areas, generally providing for 40ha subdivision size, but allowing variation in lot size according to the agricultural requirements of the proposed use. − House lot excisions policy- to set out the matters for consideration in any

house lot excision proposal (21.04-2-1 Agriculture). − The Shire’s rural areas comprise a large number of existing lots of less than 40

hectares, created as a result of subdivisions made during the gold rush era or under the former Planning Schemes e.g. family excision provisions. These lots generally range in size from 2- 10 hectares, whilst in the Rutherglen area, isolated small Crown Allotments of up to 20 hectares in area exist (22.01-5 Dwellings on Existing Small Rural Allotments).

− Policy Basis: Fragmentation of productive agricultural land by inappropriate subdivision is to be avoided to ensure the productive capacity of the land is maintained and to prevent land use conflicts.

− Objective: To ensure that excisions of dwellings and creation of lots smaller than that specified in the Schedule to the Farming Zone are consistent with the purposes of the zones.

− Decision Guidelines: − Lots created under the relevant provisions of the Farming Zone should

have a maximum size of 2 hectares, except as otherwise required by a provision of this planning scheme.

− Any excision of dwellings should ensure that there is no potential to restrict agricultural production on adjacent land. Adequate distances should be maintained within the excised lot around a dwelling to reasonably limit likely impacts (if any) of adjacent agricultural activity. A permit may require the planting of vegetation within the excised lot to reduce any potential impacts associated with spraying or noise (22.02-1 House lot excisions).

− Objective: To provide for the subdivision of land into lots less than 40 hectares where appropriate (22.02-2 Land use, development and subdivision in rural areas).



− The minimum subdivision area is 40 hectares for all land except where approved by the responsible authority in accordance with Local Planning Policy Land use (Schedule To The Farming Zone).

− Minimum area for which no permit is required to use land for a dwelling (hectares). All Land 40 hectares (Schedule To The Farming Zone).

1.25 Latrobe

− Apply the Low Density Residential Zone to larger residential lots on the fringes of the main towns that are not within urban growth corridors (Clause 21.04-7).

− Where available retain large farming lots along the eastern town boundary (Area 7) to enable future residential growth with sufficient lot density that can further the township objective to increase the intensity of land development around the inner core of the township. − Minimum subdivision area 8 hectares. − Minimum area in which no permit is required to use land for a dwelling 40

hectares. − La Trobe has an approximate population of 73,000 people, 20% of these

people live in rural areas. − The planning scheme states that larger residential lots on the fringes have

been applied with the Low density residential zone. − The planning scheme is divided into two parts; Main Towns and Small Towns. − Mains towns (Clause 21.05)

− Encourage well designed, infill residential development throughout the existing urban area, especially in locations close to activity centres, areas of open space and areas with good public transport accessibility.

− Encourage walkable neighbourhood centres and increased densities around Transit City areas and neighbourhood clusters.

− Retain clear boundaries between urban areas and the surrounding rural environment.

− Protect areas for future urban growth, particularly the fragmentation of rural land on the urban fringe of major towns.

− Discourage urban growth outside the urban development boundaries designated in the relevant local structure plan.

− Provide buffers between industrial and existing (and potential) sensitive use areas.

− Small Towns (Clause 21.06) − Discourage the fragmentation of key farming land adjoining township

boundaries to allow for future urban growth opportunities. − Promote opportunities for infill development within the township boundary

and encourage increased diversity in residential allotment sizes.

1.26 Loddon



Clause 22.05 Loddon shire rural zones review

− Agricultural production is the major focus of the economy and community in

Loddon Shire. The promotion of innovative, diverse and sustainable agriculture is a central aim of planning in the Shire. Council recognises that quality agricultural land is a valuable and non renewable resource and its protection and sustainable use is fundamental to the future economic health of the Shire. The rural areas of the Shire also offer landscapes of unique quality. These landscapes are important for their contribution to the character of the Shire and their attraction to visitors. Development in rural areas must be managed to prevent detriment to the viability of rural industries and to protect the landscape quality of the rural areas (Clause 22.05).

− Council may consider applications for subdivision of rural land for lots of smaller than 100ha, but no smaller than 40ha (Clause 22.05).

− Council may consider applications for subdivision of rural land for lots of smaller than 100ha, but no smaller than 40ha, where it can be demonstrated by the applicant that the proposal is to provide for high value, sustainable, intensive agriculture. Such applications must be accompanied by a report which explains:

− Discouraging development of isolated small lots in the rural zones from use for single dwellings, rural living or other incompatible uses.

− Encouraging consolidation of existing isolated small lots in rural zones (Clause 22.05).

− Within the parameters of the subdivision provisions of the Rural zone, a small lot may be created for a rural industrial development subject to demonstration by the applicant that it is necessary that the industry be located outside town and subject to meeting the above requirements (Clause 22.04).

− The municipality of Loddon states that new use and development in the shire must not be prejudicial to productive agricultural land and that development in rural areas must be managed to prevent any detrimental impacts on the rural industries in order to protect the quality of the land. Small lots maybe created provided the applicant demonstrates that the creation of a small lot is necessary for that industry. Land that falls under the farming zone and is located within the Goulburn Murray Irrigation district has a minimum subdivision area of 20 hectares all other land has a minimum of 100 hectares.

1.27 Macedon Ranges

Clause 21.07 Sustainable Rural land Management, Clause 22.15 - Rural Living, Clause 22.16 Southern catchments, Clause 22.17 Living Forests, Clause 22.18 Cobaw Biolink, Clause 22.19 Northern catchments and clause 22.20 agricultural landscapes



− Prevent the creation of more lots in rural areas and encourage the

consolidation of existing small rural lots (Restructure Overlay). − Council will encourage subdivisions that provide a range of lot sizes, utilising

the clustering and lot averaging provisions of the zone (Clause 35.03-4), consistent with the vision for the area (Clause 22.15).

− Council will encourage subdivisions that provide a range of lot sizes, utilising the clustering and lot averaging provisions of the zone (Clause 35.03-4), consistent with the vision for the area.

− The subdivision must be designed to promote the rural character of the area, protect existing remnant native vegetation, provide for productive use of higher quality soils and minimise impact on significant landscapes and view sheds such as to and of Mt Gisborne, Mt Aitken and the Macedon Ranges (Clause 22.15).

− The Macedon Ranges will encourage the clustering of lots of all sizes, as long as the lot sizes are consistent the relevant zone and vision for the area. Land that falls under the farming zone as indicated on an attached map 1 has a minimum subdivision area of 100 hectares all other land has a minimum of 40 hectares.

1.28 Mansfield

24.04-1 Development of Rural Land 22.02 Subdivision to create a lot for an existing dwelling in the Farming Zone We just state that a S173 agreement is required to ensure there is no further subdivision of lots.

− There are increasing pressures for small lot subdivisions, or ‘excisions’, to

create lots for existing dwellings in the farming areas of the Shire (Clause 22.02).

− The continued development of larger Rural Living lots will be discouraged as this is effectively wasting quality rural land and resulting in even more rural land being developed than needs be the case (Clause 21.05).

− There have been a large number of ‘undersized’ lots created in rural areas for the purpose of rural residential living without the appropriate zoning changes to reflect that purpose (Clause 21.04-1).

− Given the current and anticipated demographic profile of the community, it is important that residential development caters for a variety of lot sizes and provides the necessary infrastructure. It has been identified that a higher density lot yield, in quality residential developments within close proximity to



the town facilities, is the preferred option for urban residential development within the Mansfield Township (Clause 21.03-5).

− Agriculture is a major contributor to the Mansfield economy these pursuits include timber processing, wool production, prime lamb and beef production. The population of Mansfield is set to increase and although the agricultural land can not be hindered on the planning scheme this also states the desire to provide a higher density lot yield within close proximity to the Mansfield Township. The minimum subdivision area for all land under farming zone controls is 40 hectares.

1.29 Mildura

− Important in this regard is the protection of agricultural land from urban encroachment including the small lot subdivision of horticultural properties (Clause 22.06).

− Residents will be living in a variety of housing styles and environments. They will range from attractive and consolidated medium density clusters in the major townships, to rural living in low density allotments in clearly defined rural settings that are in harmony with the environment and that are not inhibiting the productivity of agricultural and horticulture activities (Clause 21.03).

− Apply minimum subdivision lot sizes in rural areas to facilitate farm consolidation and reflect a viable unit of production (Clause 21.03).

− Discourage the excision of smaller lots in horticultural areas (Clause 21.03). − Mildura is internationally significant in terms of its horticultural output. As a

result of this the planning scheme outlines the need to retain a high value of land for this use. Residents will be living in a range of housing types from consolidated medium density housing to rural living in low densities that are not inhibiting the productivity of agricultural and horticultural activities. The minimum subdivision area for land under the farming zone which is within a gazetted irrigation district or where a water use licence has been issued and applied to land for horticultural production purposes is 40 hectares and for all other land the minimum is 100 hectares.

1.30 Mitchell

Clause 21.04, Clause 21.05, Clause 22.04

− Small lots are trying to be avoided because agriculture is the primary use in

this municipality (Restructure Overlay) − Fragmentation of productive agricultural land by subdivision is to be avoided to

ensure the productive capacity of the land is maintained. This policy provides a consistent strategic basis for considering permit applications for excisions of dwellings and creation of lots smaller than that specified in the Schedule to the Farming Zone (Clause22.04-1).



− Subdivision that is likely to lead to such a concentration of lots as to change the general use and character of the rural area will be discouraged unless it can be show that the clustering of lots will not limit the productive use and development of the larger lots in the subdivision or that surrounding (Clause22.04-1).

− To ensure that houses on existing allotments in the Farming Zone are only erected in conjunction with the agricultural use of the site.

− To ensure that farming operations in the Farming Zone are not adversely constrained by the inappropriate construction of additional dwellings in nearby areas (Clause 22.04-4).

− The agricultural sector of the Mitchell municipality is vital to the local economy. The planning scheme states that it will allow the clustering of small lots however only if these lots will not limit the production and use of the agricultural land. For land that falls under the farming zone the minimum subdivision area for land south of Davidson Street, Broadford Street bounded by the railway, Broadford-Wallan Road and the Rural Living zone to the south is 20 hectares, for all other farming land in the municipality the minimum is 40 hectares.

1.31 Moira

Clause 21.04-1, 22.01, 22.02 Schedule to 45.05 Not specifically referenced in PS rather requested in further information PlanPac for rural dwellings and rural subdivisions RRLUS, Various Planning Permit applications Regional and Rural Land Use Strategy (RRLUS) by Campaspe, Moira and Shepparton. Small Towns Strategy (prepared only, not adopted by Council)

− Only one dwelling may be developed on each restructure lot (Restructure

Overlay). − This policy applies to all applications to subdivide land in the Farming Zone

and the Rural Living Zone for the purposes of a “small lot”. A “small lot” is any allotment with a size less than specified for subdivision in the Schedule to these zones (eg 12ha, 20 ha or 40 ha).

− The State Planning Policy Framework (SPPF) discourages the fragmentation of high quality agricultural land. The MSS notes the importance to the local economy of a prosperous farming sector. The MSS also aims to preserve high quality agricultural land for productive agricultural purposes through (among



other things) the management of inappropriate subdivision and development in rural areas. The planning scheme already provides for a range of subdivision sizes based on the amount of land required to be viable for farming. Subdivision of rural land at a density greater than the minimum specified in the zones, especially for personal and financial reasons, or to create lots for “rural lifestyle” purposes, could jeopardise the economic future of the region. It is acknowledged that in some circumstances, the small lot subdivision of an existing house can assist the process of farm consolidation as it enables the farming land to be priced at its agricultural value rather than have it distorted by its housing value. While small lot subdivisions including excisions and boundary re-alignments will not typically be encouraged in the Shire, they will be considered on a case by case basis if the outcome is farm consolidation.

− To prevent the fragmentation of rural land into lots of a size not capable of agricultural production; − To encourage the consolidation of farm lots so as to increase the viability of

agriculture; − To ensure that small lot subdivisions do not prejudice surrounding

agricultural activities; − To ensure those new lots are of sufficient size and have the capacity to

treat and retain waste water on site; − To ensure that excised house lots have access to adequate infrastructure

including access to all weather roads; − To discourage small lot subdivision which is based on satisfying personal

circumstances; and − To encourage the creation of regular shaped lots (Clause 21.01).

− The Moira municipality sets out the importance of the agricultural production of the area. The planning scheme and Municipal Strategic Strategy discuss the need to consolidate and increase the agricultural production in the area.

− Land that is controlled by the Farming zone that is part of the Goulburn Murray Irrigation District has a minimum subdivision area of 100 hectares (until 26/6/2012). The area denoted by shading on the Cobram Precinct Plan forming part of the schedule has a minimum subdivision area of 100 hectares (until 26/6/2012). All other land not denoted above has a minimum subdivision of 250 hectares (until 26/6/2012).

1.32 Moorabool

Rowsley, Wallace, Elaine and Blackeville old Crown Townships. Clause 22.03

− Policy mentions encouraging the consolidation of small lots (Restructure

Overlay).



− Include the following requirements on a permit to excise a lot for a dwelling where it is considered this would facilitate ongoing agricultural use of the remaining land:

− Consolidate of the remaining land with the title of an existing farm; or − If the remainder land is less than 40ha, require the landowner to enter into an

agreement under S173 of the Planning and Environment Act that no further applications will be made to erect a dwelling on the balance allotment (Clause 22.03).

− The Shire’s agricultural base and attractive rural setting are important drivers in attracting people to live in Moorabool. Council supports rural living development where it does not compromise the long term productive use of rural land for agriculture and horticulture, maintains the Shire’s environmental qualities, and provides services and infrastructure to support such development (Clause 21.04-1).

− Agricultural is a major land use and contributor to the Moorabool economy. − The planning scheme states the need to avoid fragmentation of land suitable

for rural production by discouraging subdivision and houses that are unrelated to the rural use of the land. Land under the farming zone has a minimum subdivision area of 100 hectares with some land that has a 15 hectare minimum.

1.33 Mount Alexander

− Included in the municipality’s policy is that the township boundaries be maintained and take into account: − existing small lots and some large vacant parcels which could also be

developed (Clause 22.10). − Fragmentation of productive agricultural land by inappropriate subdivision is to

be avoided to ensure the productive capacity of the land is maintained. The policy provides a consistent strategic basis for considering permit applications for excisions of dwellings, use of lots smaller in size than that specified in the schedule to the Farming Zone (40 ha) and the re-subdivision of existing allotments (Clause 22.22).

− Discouraging low density residential estates and lots in the Farming Zone on agricultural land that has not been identified in the Town Structure Plans or the Municipal Strategic Statement as suitable for low density residential expansion (Clause22.22).

− Discouraging subdivision of high quality agricultural land (Clause 22.22). − Land in agricultural production is to be protected from adjoining uses and

development inconsistent with normal farming practices. Zoning will be used to provide a clear urban growth boundary (Clause 22.26).

− The Mount Alexander planning scheme outlines the need to develop new residential areas in the 15 years. Ensure that development is located within or abutting the existing urban areas and does not prejudice the further



development of the town. Agricultural land is to be protected from development by a clear urban growth boundary. All land that fall under the Farming Zone control has a minimum subdivision area of 40 hectares.

1.34 Moyne

22.03-6, 21.03 Acknowledges importance of agriculture to Shire economy 22.03-6, 22.01-10 Settlements, Small towns Land Capability and Biodiversity Strategy and Warrnambool Moyne Rural Housing and Settlement Strategy

− Increased rural residential and small lot development outside settlements and

close to scenic locations such as Tower Hill resulting in impacts on scenic landscape quality (Clause 21.05).

− Smaller lot subdivision and higher density types of residential development compatible with the character and appearance of the area be encouraged (Clause 22.01).

− 1 to 4 hectares in respect of that land for which the primary purpose is identified as hobby farms (Rural Living Zone) (Clause 22.04-3).

− Although residential development will be discouraged on high quality agricultural land the Moyne municipality is encouraging the development of smaller lot subdivision and higher density housing provided it is compatible with the current character and appearance of the area. The infill residential development is to be encouraged as it will strengthen the population base within walking distance from the commercial area. High quality agricultural land that is controlled by the Farming Zone which is included in Schedule 5 to the Significant Landscape Overlay has a minimum subdivision area of 10 hectares all other land has a minimum subdivision area of 40 hectares.

1.35 Murrindindi

Clause 21.04-3, We have 5 restructure areas covered by the Restructure Overlay 22.01-1 rural living, 22.01-4 house excision, 22.01-5 high quality agricultural land, Murrindindi uses Sec 173 Agreements to prevent further subdivision, agreements drawn up by our solicitors Russell Kennedy

− No subdivision of land may take place that creates a new lot or potentially

creates an additional dwelling (Schedule to the Restructure Overlay).



− A Rural Living Zone seeks to provide for smaller rural lots to provide for residential use in a rural environment and which may also support small scale rural activities in an integrated way that does not adversely affect the amenity of surrounding land uses (Clause 22.01-1).

− Ensure that small lot subdivisions do not prejudice primary production activities on the land or in the surrounding rural area.

− Ensure that any new lot is provided with an adequate level and standard of infrastructure (Clause 22.01.4).

− Lake Eildon falls within the boundaries of the Murrindindi municipality as a result the area has a reliance on the tourists that the lake brings to the area. The shire seek to provide smaller lots but not if they effects will have adverse effects on the surrounding land use. The minimum area for subdivision of land under the farming zone in the shire is 40 hectares.

1.36 Northern Grampians

Clause 21.06 Written justification that proposed buildings are accessory to agriculture Ararat-Stawell-Halls Gap Triangle Rural Land Use Review 2012 − Potential exists for infill development with smaller lot subdivisions close to the

commercial area (Clause 21.05). − In Halls Gap, larger lot sizes with heavily treed boundaries (rather than fences)

are encouraged to maintain the village character of the town (Clause 21.05). − This municipality relies on agriculture as its largest industry in the shire and as

a result of this high quality agricultural land is to be protected. The agricultural industry provides jobs and employment for residents. Tourism also provides a large amount to the municipality’s economy. The Council doesn’t want to create small lots that will have significant determent to these industries. However the planning schemes do state the intention for medium density lots to be encouraged around the town centres. Farming zone land designated on the map attached to the schedule has a minimum subdivision of 40 hectares, all other land has a minimum of 80 hectares.

1.37 Pyrenees

− Restructure Overlay: Limiting the opportunity for small lot rural excisions − Extensive areas where the size of lots is less than half the minimum lot size

which would otherwise apply, − Extensive small lot rural development is considered to be unsuitable

particularly where this involves the construction of a house and associated facilities and is likely to result in adverse environmental, economic and social impacts. There is no demonstrated community need for extensive small lot



settlement in these areas. In this regard, ad hoc and piece-meal development of these areas for small lot rural purposes is likely to result in unacceptable levels of land use conflict and misuse of land.

− To promote continued productive farming activities by discouraging rural living development in the area zoned Rural Activity Zone. This should include restructuring of inappropriate small lot subdivisions (where possible) (Clause 21.05).

− Extensive use of the restructure overlay − A subdivision must be in accordance with a restructure plan for the land listed

in the schedule to this overlay. This does not apply if the subdivision is for one of the following purposes and no additional lots or subdivision potential is created:

− To realign boundaries between lots that has been consolidated in accordance with the restructure plan.

− To consolidate a restructure lot with a section of closed road or other land not included in a proposed restructure lot.

− It is deemed that small lot rural development is unsuitable in the municipality and will also result in unacceptable levels of mixed uses and negatively effect the environment, economic and social uses of the land.

− Minimum subdivision for farming zone land north of the Western Highway is 40 hectares and for land south of the Highway the minimum is 80 hectares.

1.38 Queenscliffe

− There is a limited range of housing opportunities within the Borough, with the majority of housing being in the form of single detached houses on medium sized lots.

− Encourage infill development on medium to large sized lots that complement existing dwellings

− Seek to retain an area adjacent to the Bellarine Highway for low density residential development

− Queenscliffe has no land that is controlled by the Farming Zone. 1.39 Southern Grampians

− Residential development and small lot excisions for dwellings in rural areas can impact detrimentally on the continuing operation of farming of rural areas. It can be incompatible with the rural nature and character of the area.

− To ensure that excisions of lots and dwellings in the Farming Zone is consistent with the purposes of the zone.

− The likely impact of any proposed residential use and the capacity to maintain existing farming practices on adjacent or nearby land is considered when determining an application to excise a dwelling in the Farming zone or an



application to construct a dwelling on a small lot in the Farming zone (Clause 22.02).

− Small lots in this municipality are only constructed if they do not compromise existing agricultural and horticultural practices are consistent and compatible with the purpose of the zone. Land subject to Schedule 5 to the Development plan Overlay (Hamilton Racecourse Related Industries Development Area) has a minimum subdivision area of 2 hectares. All other land has a 40 hectare minimum subdivision area.

1.40 South Gippsland

Amendment C63 Guide to dwellings in the Farming Zone on our website Rural Strategy August 2011 and earlier version on our website

− Restructure Overlay: To ensure that lots resulting from subdivision are of a

sufficient size to be of benefit to agricultural production. − To limit the cumulative impact of house lot excisions, including serial small lot

subdivisions (Clause 22.09). − The South Gippsland area is against small rural lots and the planning scheme

states that subdivisions will only occur if the agricultural industry will benefit from the division of land. The economy of South Gippsland relies on the agriculture industry as well as the tourism industry. Small lots in this area would be detrimental to two of the shires main economic sectors. South Gippsland provides a substantial portion of Victoria’s milk and milk products. The shire’s natural features and historical significance bring people to the townships and coastal areas and development to provide small rural lots would harm vital economic industries in the area. Minimum subdivision area for land in the municipality is 80 hectares.

1.41 Strathbogie

Clause 23.03.1 Settlement We encourage farm and/or business plans

− Ensure that the development of dwellings and the excision of house lots are

consistent with the purpose of the Zone and the utilisation of the land for sustainable use.

− Limit new house development on high quality agricultural land. − Strongly discourage the development or subdivision of housing for non-rural

purpose and ensure that dwellings excised or constructed on an excised lot do not prejudice rural production activities.



− Encourage consolidation of farm lots. − Lots created should have a maximum size of 2 hectares, except as otherwise

required by a provision of this Planning Scheme. − A permit is required to subdivide land. − Each lot must be at least the area specified for the land in a schedule to this

zone. If no area is specified, each lot must be at least 40 hectares. − A permit may be granted to create smaller lots under the provisions of the

farming zone (Clause 35.07-3). − The Planning Scheme for Strathbogie outlines that small lots are not the

priority for land in this shire, and that new housing developments on agricultural land will be limited. The shire is trying to encourage agriculture and consolidate farm lots as opposed to changes the use of land to residential zones with a moderate density. The area is keen to keep its name as the “Horse Capital of Victoria,” as the Horse industry as well as the agricultural industry and food production industry provide a lot of employment and investment opportunities in the area. Minimum subdivision area for Strathbogie, Goulburn Valley and Nagambie Lakes area is 40 hectares or 20 hectares in accordance with Clause 22.13 – Intensive Agricultural Development Policy. Other areas in the shire are either 80 or 100 hectares.

1.42 Surf Coast

Clause 21.05 21.06 and 21.07 Clause 22.01 Rural strategy review 2007 and current amendment C86 that has been to Panel

− Restructure Overlay: Numerous small lots are interspersed through the unit,

however there are three established rural living nodes, each with a predominant lot size of around 4 hectares. These areas are located in Wensleydale, Gherang and Bellbrae West (Clause 21.06).

− Lots between 2ha and 4ha are considered to be environmentally and technically unsustainable and, generally discouraged (Clause 21.07-02).

− Torquay Heights Estate − Having regard to its location on the ridgeline which defines Torquay’s northern

settlement boundary, the low density amenity that attracted the existing residents, and a preference for maintaining a range of low density lot sizes in the Torquay-Jan Juc area (Clause 21.07-02).

− Whinchelsea Strategy − Encourage developers to provide a range of smaller homes and lot sizes as

part of any future residential subdivision in Winchelsea.



− Applying a two hectare minimum lot size to Trebeck Court Estate and Barkley Street Estate through a schedule to the Low Density Residential Zone (Clause 21.09).

− Lorne Strategy − Apply minimum subdivision lot sizes and maximum development densities

that, together with limits to building footprint and hard surface area, ensure adequate area is maintained for vegetation around buildings.

− Encourage the construction of smaller dwellings on smaller lots within proximity of the commercial precinct (Clause 21.11).

− Bellbrae Strategy − In the original township subdivision lots of 0.2 hectares were created while the

adjoining rural living areas include lots ranging from 0.4 hectares up to 6 hectares. The Shire has applied a minimum lot size of 0.4 hectares for the township which has prevented the resubdivision of the majority of lots. In the absence of reticulated services for the township this minimum should continue to apply (Clause 21.15).

− The Surf Coast shire covers a diverse section areas, it contains a number of small lots that are dispersed throughout the shire and also has three established rural living nodes. Due to the nature of this shire containing different residential zones, the shire has provided policies for the different regions. Area’s of the shire such as Torquay Heights encourage low density lot sizes and amenity as does the Winchelsea strategy because this area is planning to provide a range of smaller homes to provide for future residential subdivision in the area. On the other hand areas like, Lorne the planning scheme states that the area is trying to seek a maximum development density. The Bellbrae strategy has prevented the further subdivision of some properties in order to decrease the density of housing.

− Minimum subdivision area for Thompsons Creek Catchment is 60 hectares; this can be reduced to 40 hectares.

− Otway Hills and Coastal Hinterland 60 hectares, Winchelsea Plains 80 hectares, Barrabool Hills 40 hectares, Deans Marsh District 40 hectares.

1.43 Swan Hill

Clause 21.04 Clause 22.03, 22.04 These are required during the certification process in accordance with conditions placed on permits. The S173 conditions are listed in Clauses 22.03 and 22.04

− To ensure that any subdivision of land is for the rural or agricultural use and

development of land, rather than for rural lifestyle lots and developments.



− A minimum area for the residual lot of at least the minimum subdivision size of the zoning that applies to the land (Clause 22.03).

− Swan Hill sees some population growth occurring due to the promotion of lifestyles based around low density and rural residential lots. (Clause 21.04-6)

− The Swan Hill shire, has established that subdivisions that are for rural or agricultural use are more important than subdivisions for lifestyle developments. Swan Hill shire forecasts the area growing in population due to its low density lifestyles and as a result of this the shire is keen to see this low density style of living to continue and not be effected by higher density residential developments.

− Minimum subdivision area for dryland areas is 100 hectares, for irrigated areas the minimum is 20 hectares, all land within the Farming Zone must have a .5 minimum if a lot is being subdivided to provide a site for a specific use other than accommodation and for which a permit has been granted.

1.44 Towong

Domestic wastewater - revised MSS prepared about to prepare amendment Farm consolidation

− Restructure Overlay: All lots are to be of a size that is capable of adequately treating and retaining all domestic wastewater within the boundaries of the lot (Clause 27.07).

− Ensure that landscape and environmental values are considered, protected and enhanced and to ensure that dwellings constructed on rural lots are compatible with the environmental characteristics of the area (Clause 22.02).

− A permit is required to subdivide land. − Each lot must be at least the area specified for the land in a schedule to this

zone. If no area is specified, each lot must be at least 40 hectares. − A permit may be granted to create smaller lots under the farming zone (Clause

35.07-3) − Small and inappropriate lot sizes and soil types to cater for the disposal of

wastes emanating from septic tanks within village areas. − Towong is limiting the amount of small lots in the shire to ensure that all lots

are large enough to cater all wastewater within the boundary of the lot. Also the shire is keen to protect the current characteristics of the area.

− For land controlled by the farming zone minimum subdivision area for all land in the shire is 40 hectares.

1.45 Wangaratta

MSS 21.05



Local Policies 22.01, 22.03 − A permit may be granted to create smaller lots if any of the following apply: − The subdivision is to create a lot for an existing dwelling. The subdivision must

be a two lot subdivision. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to create a smaller lot for an existing dwelling. The agreement must be registered on title.

− The subdivision is the re-subdivision of existing lots and the number of lots is not increased. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title.

− The subdivision is by a public authority or utility service provider to create a lot for a utility installation (Clause 37.07-3).

− Minimum subdivision area for all land controlled by the farming zone in the shire is 40 hectares.

1.46 Warrnambool

21.02, 21.07-1 22.01-1, 22.03-2 + FZ

− A proposed subdivision should have a minimum lot size of 6,000 square metres and an average for a multiple lot subdivision of 10,000 square metres. A boundary realignment must not create any capacity for additional lots and each lot must be a minimum of 6000 square metres (Clause 22.01-2).

− A permit may be granted to create smaller lots if any of the following apply: − The subdivision is to create a lot for an existing dwelling. The subdivision must

be a two lot subdivision. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to create a smaller lot for an existing dwelling. The agreement must be registered on title.

− The subdivision is the re-subdivision of existing lots and the number of lots is not increased. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title.


− Minimum subdivision area for land under the farming zone control on all land is 15 hectares.

1.47 Wellington



Clause 22.02 − − Restructure Overlay: Rural land subdivision and the construction of dwellings

on high quality agricultural land should only be permitted where there is a clear nexus between the ‘dwelling’ and agricultural activity, and where the sustainability of the agricultural resource is not threatened by the use of the land for housing (Clause 22.02).

− Subdivision of rural land should only be permitted where it can be demonstrated that it will facilitate and provide greater flexibility for continued agricultural production of such land (Clause 22.02).

− Small rural lots will be encouraged in locations that will assist the rejuvenation of small rural township communities which have community facilities and infrastructure sufficient to support the increased population (Clause 22.02).

− Small rural lots should preferably be located adjacent to sealed roads and be close to utility and community services (Clause 22.02).

− Small rural lots in the Wellington region are limited because of the $242 million that the agricultural industry brings to the Shire. As a result of this subdivisions are only permitted when they will have no impact, or where the subdivision will facilitate and provide greater flexibility for continued agricultural production of such land. The planning scheme also states that small rural lots will be encouraged in locations where there is currently community infrastructure and sealed roads in order to help boost population.

− Minimum subdivision area for farming zone land, All land covered by the Macalister Irrigation District on the map attached to this schedule titled Macalister Irrigation District is 25 hectares.

− All other land has a minimum subdivision area of 40 hectares. 1.48 West Wimmera

Not in current MSS, but is in draft MSS As per requirements in Clause 35.07

− A permit may be granted to create smaller lots if any of the following apply: − The subdivision is to create a lot for an existing dwelling. The subdivision must

be a two lot subdivision. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to create a smaller lot for an existing dwelling. The agreement must be registered on title (Clause 35.03-3).

− The subdivision is the re-subdivision of existing lots and the number of lots is not increased. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be



further subdivided so as to increase the number of lots. The agreement must be registered on title (Clause 35.03-3).


− Adopt minimum lot sizes which take into consideration the viability of farm sizes (Clause 21.03-3).

− The shire has an ageing population due to younger residents leaving to get better education and employment opportunities elsewhere. Retired farmers are moving into the larger townships and there will be a nee for aged care facilities. Minimum subdivision area is 80 hectares.

1.49 Wodonga

− Subdivision and housing on small lots in the rural zones will not be supported,

unless it can be clearly demonstrated that the development is ancillary to commercial rural production (Clause 22.04).

− Small lot subdivision within water supply catchments and within 100 metres of watercourses will be strongly discouraged (Clause 22.04).

− The planning scheme for Wodonga wants to limit the amount of subdivision of land into small lots in order to protect the current use of the land which includes commercial rural production as well as manufacturing jobs. The minimum subdivision area for land controlled by the farming zone is 40 hectares, with no minimum if the purpose of the subdivision is to create a lot for community, education or recreational use.

1.50 Yarra Ranges

Many Restructure Overlays apply but were applied many years ago Green Wedge Management Plan

− Restructure Overlay: Limit further subdivision and fragmentation of lots to protect the open rural and green wedge landscape character of areas where it exists and retain options for the future use of non-urban land for a range of agricultural activities (Clause 21.08).

− Maintaining, through Clause 53, a tenement holding control in the Dandenong Ranges and adjoining rural and green wedge areas to limit the scope for more intensive development in areas that have previously been subdivided into inappropriately small lots (Clause 21.08).

− Yarra Ranges planning scheme looks to limit subdivision and intense urbanisation in order to protect the green wedge landscape in the area. A minimum for sub dividing a lot in farming zone sizes of 30 hectares with an average lot yield not exceeding 1 lot to each 40 hectares of site area and a maximum lot size of 70 hectares.



1.51 Yarriambiack

− Subdivision that is likely to lead to such a concentration of lots as to change

the general use and character of the rural area will be discouraged unless it can be shown that the clustering of lots will not limit the productive use and development of the larger lots in the subdivision or that of surrounding land (Clause 22.02-1).

− Subdivision that is likely to lead to such a concentration of lots as to change the general use and character of the rural area and which is not consistent with the purposes of the zone will be discouraged (Clause 22.02-1).

− Yarriambiack’s planning scheme discourages the subdivision of lots to turn them into small lots because of the constraints these small lots will place on the productive use of larger pieces of surrounding land as well as discouraging all developments that will change the general use and character of an area.

− Minimum area for subdivision of land that is controlled by the farming zone is 40 hectares, unless the lot is being subdivided for anything other than accommodation.

Small Rural Lots Report Attachments - Rural Councils Victoria · Environment Protection Policy...

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