Planning and Environment Act 1987 s5
Planning and Environment Act 1987
GREATER GEELONG PLANNING SCHEME
AMENDMENT C285
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by the Greater Geelong City Council which is the planning authority for this amendment.
The amendment has been made at the request of Spiire Australia Pty Ltd on behalf of Dacland Pty Ltd.
Land affected by the amendment
The amendment applies to approximately 62 hectares of land generally bounded by Kees Road to the north east, established private residences to the east, Patullos Road to the south and O’Hallorans Road to the west, on the western edge of Lara. The site is dissected from north to south by Manzeene Avenue and adjacent to the Lara West Growth Area.
The land is currently held within 26 individual title lots developed for rural residential uses. 23 of the 26 landowners have formed an entity known as the ‘Manzeene Avenue Development Trust Pty Ltd’. An aerial map of the Subject Land is shown below:-
What the amendment does
The amendment proposes to rezone the land to the General Residential Zone. There will also be opportunities for non-residential uses permitted in the General Residential Zone to establish on the south-west corner of the site.
The rezoning is supported by a Development Plan Overlay to guide the future development of the land and a Development Contributions Plan Overlay to deliver identified community and road infrastructure as part of the planning for growth in western Lara. A Native Vegetation Precinct Plan has also been prepared to manage the presence of fragmented patches of native grasslands.
More specifically, the amendment will:
· Rezone the land from the Rural Living Zone to the General Residential Zone and insert Clause 32.08 (General Residential Zone);
· Apply a new Schedule to Clause 43.04 (Development Plan Overlay);
· Apply a new Schedule to Clause 45.06 (Development Contributions Plan Overlay);
· Incorporate the Lara West Development Contributions Plan, August 2013 to the Schedule to Clause 81.01;
· Incorporate the Manzeene Avenue Development, Lara, Native Vegetation Precinct Plan, November 2012 to the schedule to Clause 52.16; and
· Incorporate the Manzeene Avenue Development, Lara, Native Vegetation Precinct Plan, November 2012 to the schedule to Clause 81.01.
Strategic assessment of the amendment
· Why is the amendment required?
The amendment is required to facilitate the subdivision and development of the land for conventional and medium density housing and associated infrastructure, such as new roads, parks and drainage reserves.
The amendment will implement a key policy direction for Lara – which is to provide for population growth in designated locations. The amendment land is one of these designated locations in Clause 21.13 of the Greater Geelong Planning Scheme.
· How does the amendment implement the objectives of planning in Victoria?
Consistent with the objectives set out in Section 4 of the Planning and Environment Act 1987, the amendment:
Ø Provides for orderly development by allocating land for residential and associated urban uses that are necessary to support the new community.
Ø Balances the need for new housing against the environmental constraints and opportunities of the area.
Ø Provides planning guidelines and expectation for development to ensure that the new community is a pleasant, efficient and safe place to work and live.
Ø Provides for the servicing of the new community and the equitable sharing of cost for infrastructure necessary to service the area.
The Amendment represents a balance between the present and future interests of all Victorians by providing a planned structure to land identified for urban growth in a region with population pressures.
· How does the amendment address the environmental effects and any relevant social and economic effects?
Environmental Effects
Vegetation
The Amendment land contains 23 patches of native grassland vegetation that have the floristic composition to be classified as Low-rainfall Plains Grassland (EVC 132). The site does not contain any listed flora and fauna species.
The proposed impacts on native grassland vegetation have been assessed in accordance with the ‘avoid, minimise and offset’ direction within ‘Victoria’s Native Vegetation Management – A Framework for Action’. This process has resulted in the preparation of the Manzeene Avenue Native Vegetation Precinct Plan which will secure 6.53 habitat hectares of Low-rainfall Plains Grassland EVC vegetation in a larger contiguous area that will managed for conservation purposes. This is considered to provide a Net Gain.
Because the development will require the removal of greater than 10 hectares of native vegetation, a referral was sent to the Minister for Planning to determine whether an Environmental Effects Statement (EES) is required pursuant to the Environment Effects Act 1978. On 13 May 2013 the Minister decided that an EES is not required.
The Minister’s decision and supporting documentation (Project name: Manzeene Village, Lara) can be found on the Department of Transport, Planning and Local Infrastructure website.
Tree Logic Pty Ltd has completed an arboricultural assessment which identifies over 5,000 trees on the site – the majority being established for ornamental or functional purposes and not for revegetation. While the tree population did contain specimens of River Red Gums, a species indigenous to the area, all specimens were planted. The assessment finds that trees of high arboricultural value (around 1%) included Eucalypts and Corymbias in the later stages of semi-maturity or early maturity and have potential for long term landscape components. All of the trees assessed are exempt from Clause 52.17 Permit requirement.
The Department of Environment and Primary Industries note that the trees along Manzeene Avenue provide a significant biodiversity corridor for bats and avifauna. The Department considers the trees to be a valuable feature for amenity as well as for their biodiversity values. Where possible, trees will be incorporated in the subdivision design.
Flooding and Drainage
The management and treatment of flooding and stormwater impacts across the site is a significant factor in determining the design and function of the development. Strategic cut and fill earthworks will be required to achieve the post development 1% AEP flood event. Council agrees with the proponent where it notes that the development enables the provision of drainage infrastructure that would be unlikely to be feasible without the consolidation of individual parcels of land.
It is well known that the land (and all land in the lower reaches of Hovells Creek where it joins Serendip Creek) has a propensity to flood or be inundated. It is also recognised that there is general a lack of overland flood conveyance and grade for underground drainage systems.
The proponent has, in consultation with Council, prepared the Manzeene Village, Lara, Site Stormwater Management Plan Report (Rev B) dated 16 April 2013. The report will form the basis for a more detailed integrated water management plan to be prepared by the proponent prior to any subdivision works. The plan will need to address the requirements as set out in the Development Plan Overlay Schedule.
High Pressure Gas Pipeline
APA GasNet Australia (Operations) Pty Ltd (APA) owns and operates over 2,000 kilometres of pipelines throughout Victoria, including the natural gas pipeline located within the Lara West Growth Area which then heads south to a transfer station south of the Princes Freeway. Known as the South West Pipeline, this asset is of strategic importance to the State of Victoria, supplying one-third of Melbourne’s gas and all of Geelong.
The asset does not traverse the Amendment C285 land, but changes to land use within close proximity to the pipeline need to be considered. A Safety Management Study (SMS) workshop on the gas pipeline and the Manzeene Village proposal occurred on 18 June 2013. The workshop was attended by representatives of: Spiire, Dacland, Energy Safe Victoria, City of Greater Geelong, APA Group and GPA Engineering.
Based on the information available to the workshop, the primary location classification for the section of pipeline within a distance of approximately 550m (i.e. “the measurementlength”) upstream and downstream of the proposed development is Residential (T1). The workshop’s results will be confirmed when APA gives formal endorsement of the outcomes of the SMS.
The Development Plan Overlay Schedule includes a provision requiring the views of Energy Safe Victoria and other relevant authorities on proposed land uses in relation to the pipeline.
Social and Economic Effects
The Amendment is considered to result in overall positive social and economic effects. The Amendment will provide affordable housing opportunities, including housing choice, in an area well placed to accommodate growth. The site is conveniently located close to the existing Lara Township and will contribute to the orderly urban expansion of western Lara. Following the rezoning of the land, the construction period will be ongoing for many years and generate significant employment opportunities.
The south west corner of the amendment land has good exposure to Patullos Road and there are opportunities to establish non-residential uses permitted in the General Residential Zone. This could include a hotel, food and drink premises and service station.
The development seeks to retain the ‘bushland feel’ of the area, and will include walking and cycling paths that integrate with the adjacent Lara West Growth Area. Similarly the road network will provide convenient vehicle access for residents and Public Transport Victoria is planning a bus route through the site to connect the growth area to Kees Road.
The Amendment includes the application of a Development Contributions Plan Overlay. The development is identified as a charge area in the Lara West Development Contributions Plan as its future residents will benefit from the community and road infrastructure to be provided.
· Does the amendment address relevant bushfire risk?
The Country Fire Authority has assessed the wider Lara area as having a high bushfire or grassfire risk. The site is not included within the CFA mapping as having a forest or grassfire threat. Land to the north and west have been identified for grassfire risk.
Bushfire and grassfire risk is expected to be minimal for this development given the existing urbanisation of the area and future expansion of the Lara Township to the west.
Specific bushfire construction standards apply in designated bushfire prone areas in Victoria. These bushfire construction requirements are aimed at improving bushfire protection for residential buildings. The ‘Bushfire Prone Area’ mapping maintained by the State Government identifies the site to be partially included in a Bushfire Prone Area. The area is restricted to some southern properties that contain canopy vegetation.
Relevant construction standards and preventative measures (including roadside vegetation management measures) will be determined in consultation with the Country Fire Authority during the planning permit stage.
· Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?
The amendment will comply with the Ministerial Directions on the Forms and Content of Planning Schemes.
Ministerial Direction 11 – Strategic Assessment of amendments
This Direction seeks to ensure a comprehensive and strategic evaluation of a planning scheme amendment. The Direction is addressed by this Explanatory Report.
Development Contributions Plan
The purpose of this Direction is to direct planning authorities in relation to the preparation and content of a development contributions plan (DCP). In accordance with what may be funded with a development infrastructure levy, the proposed DCP will include land acquisition and projects for community and recreation facilities, road intersections and road works.
The amendment will be considered in accordance with Ministerial Direction 15.
· How does the amendment support or implement the State Planning Policy Framework and any adopted State policy?
The proposal supports the intentions of the State Planning Policy Framework as follows:
Clause 11 Settlement
Clause 11.02 ‘Urban Growth’ requires planning authorities to ensure that sufficient land is available to meet forecast demand. Lara is a designated primary growth node in the Greater Geelong Planning Scheme.
The development is also consistent with key policy directions of the Lara Structure Plan, adopted by the City of Greater Geelong in April 2011, by providing for designated residential infill use. The site is strategically located between the existing western urban edge of Lara and the future Lara West Growth Area. Approval of this rezoning will ensure the area is developed in an orderly, efficient and integrated manner.
Clause 12 Environmental and Landscape Values
The development will assist in the protection and conservation of biodiversity via the establishment of conservation reserves in appropriate locations and by achieving a Net Gain in the extent and quality of native vegetation. This approach accords with the State’s policy: Victoria’s Native Vegetation Management – A Framework for Action.
Existing canopy vegetation will be retained where practicable to protect the landscape, amenity and biodiversity values of the site. The subdivision design will provide for areas of public open space, including grassland conservation and drainage reserves. Together, these features will complement the existing character and identity of Lara.
Clause 14 Natural Resources Management
The proposal satisfactorily establishes principles to address stormwater management, via the report: Manzeene Village, Lara, Site Stormwater Management Plan Report (Rev B) dated 16 April 2013. Catchment planning and management, and water quality strategies set out in Clause 14.02 have been appropriately considered as part of the Amendment.
Clause 15 Built Environment and Heritage
The project ensures the protection of sites of Aboriginal cultural heritage. A desktop and field assessment, prepared by Andrew Long & Assoc May 2012, satisfied the requirements for a Cultural Heritage Management Plan (CHMP) under the Aboriginal Heritage Act 2006. This CHMP was prepared in consultation with the Wathaurung Aboriginal Corporation as the registered Aboriginal Party for the area and approved in July 2012. The CHMP will allow for activities (including ground disturbance) ultimately required for the development.
Clause 16 Housing
The amendment will provide for a range of housing choice, lot size and densities to meet the demand for accommodation in Lara. It will provide an increased yield in an under-utilised urban area that has been identified following a structure planning process.
Clause 18 Transport
The future development will be designed to ensure public transport (bus), walking and cycling networks are included within the estate and integrate with the adjacent Lara West Growth Area and township. Similarly the internal road network and directly abutting roads and intersections will be designed and constructed to support predicted traffic volumes.