Nillumbik Planning Scheme

SCHEDULE 12TO THE SIGNIFICANT LANDSCAPE OVERLAY

Shown on the planning scheme map as SLO12

AGRICULTURAL UPLANDS LANDSCAPE CHARACTER AREA

1.0Statement of nature and key elements of landscape

Ongoing agricultural activity in the form of grazing and cropping has resulted in a relatively open agrarian landscape character, interspersed with occasional stands of native vegetation and exotic shelter belts. Rich in black volcanic soils, the Area is also a popular location for active viticulture and olive groves. Buildings are generally minor parts of the landscape, with occasional farmhouses and low scale dwellings scattered in less prominent locations and carefully integrated with vegetation and topography. The plateau surrounding Kangaroo Ground offers a high vantage point, where sweeping views across the Shire capture Mt Dandenong, Kinglake National Park and the Melbourne city skyline.

Future Character Statement

The unique agrarian character of this Area will be protected by encouraging the continuation of productive agricultural activity on high quality agricultural land and siting buildings and infrastructure in less prominent locations, integrated with vegetation and topography. Buildings and structures on visible hill faces and ridgelines will be avoided in order to maintain long range views to the surrounding mountain ranges and distant city skyline.Rolling topography viewed from roads will continue to be largely rural in character with continued agricultural activity and an absence of incongruous structures and developments. Areas of native vegetation will be maintained and strengthened.

2.0Landscape character objective to be achieved

To maintain the open, agrarian character of the landscape.

To preserve long open views to distant mountain ranges, Kinglake National Park and the Melbourne CBD.

To protect clusters of remnant vegetation.

To minimise the visual impact of buildings and structures within this open landscape.

To ensure that agricultural or horticultural buildings and structurescomplement rather than dominate the landscape.

To maintain a balance between natural and settled landscapes.

3.0Permit requirement

A permit is required to remove, destroy or lop a substantial tree or shrub.This does not apply:

  • If the lopping of vegetation is undertaken to assist its regeneration.
  • If the vegetation is dead.
  • To the partial removal or lopping of branches directly overhanging dwellings, garages or outbuildings to the extent that they no longer overhang the building.
  • To the removal, destruction or lopping of native vegetation specified in the Table of Exemptions to Clause 52.17 as not requiring a permit.
  • To the removal, destruction or lopping of vegetation in accordance with Clause 52.48.
  • To the removal, destruction or lopping of vegetation specified in the Nillumbik Shire Council Environmental Weeds List unless it forms part of a shelter belt.
  • If the vegetation is not indigenous to Victoriaunless it forms part of a shelter belt or hedgerow.

A permit is not required to construct a building or construct or carry out works for:

  • An alteration or extension (including an outbuilding normal to a dwelling) to an existing dwelling or building used for agriculture provided all of the following are met:

The alteration or extension is no more than 7 metres above the natural ground level;

The alteration or extensionis located at least 5 metres from the base of any substantial native tree;

The floor area of the alteration or extension to an existing dwelling is less than 50 percent of the gross floor area of the existing building or 100 square metres, whichever is the lesser;

The floor area of the alteration or extension to an existing outbuilding or building used for agriculture is less than 10 percent of the gross floor area of the existing building or 100 square metres, whichever is the lesser;

The top of the roof line of the alteration or extension is lower than the top of the ridgeline located directly behind the site of the extension or alteration; and

The external surfaces, including roofs and walls, of the alteration or extension, are clad and maintained in non-reflective materials coloured in muted tones.

  • A horticultural structure provided all of the following are met:

The external surfaces, including roofs and walls of the horticultural structure are clad and maintained in non-reflective materials coloured in muted tones;

The horticultural structure is located at least 5 metres from the base of any substantial tree;

The horticultural structure is setback 100 metres from a Road Zone Category 1 or 20 metres from any other road; and

The top of the roof line of the horticultural structure is lower than the top of the ridgeline located directly behind the site of the horticultural structure.

A permit is required to construct a fence. This does not apply to:

  • Open post and wire fences of less than 1.2 metres in height.
  • Post and mesh wire rabbit proof fences of less than 1.2 metres in height.
  • Temporary fencing for construction sites.
  • Transparent safety fence for a swimming pool located in the immediate vicinity of the swimming pool.

A permit is required for earthworks that comprise more than 1 metre cut or fill.

Meaning of terms

For the purpose of this clause a ‘substantial tree’ means a tree that has a diameter at breast height (DBH) greater than 0.16 m at 1.4m above the ground.

For the purpose of this clause a ‘shelter belt’ is a line of trees that provides protection from wind.

For the purpose of this clause a ‘horticultural structure’ means a structure, which provides a controlled growing environment for horticulture or plant nursery use, including plastic igloos, shade houses and glasshouses.

4.0Application requirements

An application must be accompanied by a landscape plan showing proposed landscape works and plantings.

5.0Decision guidelines

Before deciding on an application, the responsible authority must consider, as appropriate:

Vegetation and Landscaping

  • The type, extent, quality and significance of any tree to be removed.
  • The extent and type (species) of new planting.
  • The extent to which any proposed landscaping screens buildings and structures viewed from road corridors and public spaces.
  • The extent to which the siting of the proposed buildings and works has minimised the need for the removal of native vegetation.

Views and Vistas

  • Whether the proposed development will maintain views from public land and road reserves towards hill faces and ridgelines.
  • Whether the proposed development will maintain views of Kinglake National Park.
  • The cumulative impact of all buildings and works visible from road reserves and public land on the landscape character of the area.

Buildings and Structures

  • The extent to which the development follows the natural topography of the land and minimises the need for earthworks.
  • The prominence of the building along ridgelines, hill faces and elevated areas when viewed from a road reserve or public land.
  • The setback of the building from property boundaries, river and creek corridors and roads.
  • The scale, massing and roof form of the building.
  • Whether the proposed development sits below the existing tree canopy.
  • Whether the proposed development utilises non-reflective materials coloured and maintained in muted tones that are consistent with the natural setting.
  • The location and siting of tennis courts.

Rural Buildings and Structures

  • The scale and siting of the proposed buildings and structures.
  • Whether the proposed development utilises non-reflective materials coloured and maintained in muted tones that are consistent with the natural setting.

Fencing, Access and Driveways

  • The height and materials used to construct any proposed fencing.
  • The extent to which roads, access tracks, driveways and car parking areas conform with the topography and maintain vegetation as a screen.
  • The materials used to construct the proposed road base, access track or driveway.

6.0Reference Documents

Nillumbik Landscape Character Assessment (Planisphere, 2009).

Agricultural Uplands Design Guidelines (Nillumbik Shire Council, March 2015)

Significant Landscape Overlay – Schedule 12Page 1 of 3