Points to look for in the C100 Amendment (Structure Plan, Riddells Creek)
1. C100 does not implement the Riddells Creek Structure Plan
Amendment C100 is supposed to transfer the adopted Riddells Creek Structure Plan into the Macedon Ranges planning scheme by introducing new policy (Clause 21.13-5), and the new zones, schedules and overlays needed to implement the Structure Plan’s recommendations. The amendment’s Explanatory Report says C100 is introducing “Key Aspects” of the Structure Plan, but it is difficult finding even those in the changes made after Council adopted the Structure Plan.
The Structure Plan’s Vision, Themes, Principles, Directions and Actions at Section 2 (expanded on at Section 5) are not fully or accurately included in C100’s Clause 21.13-5. This results in altered policies (and direction) for Riddells Creek from those in the Structure Plan (Attachment 1).
· For example, the Structure Plan’s Town Centre Area included commercial and residential areas with high sensitivity to change (Areas D, U and V), particularly near the station and along the Main Road, requiring a Design and Development overlay [DDO] to ensure character protection (also areas A, B, M, N). C100 shrinks the Town Centre Area (and Design and Development overlay 24) to only the Commercial zone, leaving sensitive residential areas without overlay protection. This overlay is also altered to an economic development focus, and is only “should”. See Attachment 3 for the Structure Plan’s neighbourhood character precincts.
· The Structure Plan’s Vision and Themes require development to comply with Design Guidelines, the Development Framework Plan, Residential Framework Plan, and the Neighbourhood Character Study – none of these are included in C100.
· The Structure Plan’s Vision and Themes strongly tie development and growth to protecting character, development contributions for infrastructure, promoting community values, and ensuring future growth and development is planned for in an orderly way. The Structure Plan’s emphasis on environment, open space, character and community priorities is weakened, or deleted. C100 weakens policy by shifting this focus to promoting development (not tied to guidelines and plans), economic development, and rezoning instead of investigating and carefully planning new growth areas.
· The Structure Plan’s requirements for application of Development Plan overlays for new development areas, and implementation of the Development Contributions Plan that was prepared for the Structure Plan (which is now ‘investigate’ and only to apply to Priority Development Areas), are not met in C100.
· The Structure Plan’s Neighbourhood Character Study 2013, which identified 24 neighbourhood character areas (Appendix C), has been discarded and replaced by Neighbourhood Character Profiles 2015, prepared by Council. These replacement Profiles redefine and homogenise ‘character’ to balance protection with development, and transfer areas with different character (and requirements for protection) into the handful of generic character precincts the Profiles provide.
· The Structure Plan’s recommendation for a masterplan for the Town Centre to be prepared is replaced in C100 with a proposal to prepare an Urban Design Framework in future instead. Not the same thing.
· The Structure Plan identified the area south of the railway as an area for long term investigation, not favoured because of the very high costs for development in this area. Despite opposition from Council officers and the Structure Plan consultants, five Councillors (motion 18 December, 2013) included it in C100 as a Priority Development Area for urban growth. Together, this area and the Amess Road priority development area increase the town’s size by almost 25%.
2. Population Figures
The population figures in Clause 21.13-5, Overview, are misleading:
“The population of Riddells Creek and surrounds in 2011 was 3,753 persons (Australian Bureau of Statistics 2011 Census QuickStats, ‘State Suburb’ dataset).”
The 2011 “State Suburb” population figure given, 3,753, counts people in an area of 83.3 square kilometres.
The town’s population in 2011 (10.9 square kilometres) was 2,976 people (ABS 2011 Urban Centre census data).
3. Planning scheme controls in C100
Planning controls in C100 are weak, insufficient and generally generic, and will not adequately protect character.
C100 introduces the Neighbourhood Residential Zone, new zone schedules, variations to ResCode standards in zone schedules, and new policy at Clause 21.13-5.
Points to remember:
· Variations to Clause 54 and 55 Tables in zone schedules change ResCode standards for single dwelling, and medium density (multiple dwelling) development, respectively.
· In the General Residential and Neighbourhood Residential Zones, proposals for more than one dwelling on a lot, and subdivision, require a planning permit. Proposals for single dwellings on lots do not.
· Development proposals will only be assessed against Clause 21.13-5 policy if a planning permit is required. Where a permit is not required, they will not, and compliance with ResCode standards will only be assessed at building permit stage.
Council has not included additional planning controls, such as Design and Development or Development Plan overlays that could trigger permit requirements for single dwellings on a lot, including areas where new development will occur.
a) The Neighbourhood Residential Zone is good, but C100 only has one NRZ schedule, which only specifies a minimum subdivision lot size (4,000 sqm). C100 does not utilise the schedule’s capability to require a permit for a single dwelling, restrict development to a single dwelling per lot, or require permits for fences.
b) The Neighbourhood Residential Zone is applied to Structure Plan character areas A, B, H, I, J, and (part) Q. Although existing lot sizes range from 1,600 to 20,000 square metres, the zone has a 4,000 sqm minimum lot size. Additional NRZ zone schedules that acknowledge differences should be considered.
c) The General Residential Zone schedule allows a permit to be required for dwellings on lots between 300 and 500 m2 but C100 does not trigger this permit requirement.
d) C100 retains the existing General Residential zone with a single new schedule 4 applied across most of the town. Schedule 3 is only applied to the small residential area near the railway station (which is left with default ResCode standards of 4m front setbacks and 60% site coverage). Minimum lot sizes cannot be set in the General Residential Zone (in Woodend, GRZ is applied to areas designated for medium density development). Application of a single zone schedule (GRZ4) to the town residential areas sets the same standards across a variety of character precincts identified in the Structure Plan, including some with high sensitivity to change (Main Road area) and needing a Design and Development Overlay (not applied).
e) Some ResCode variations in zone schedules are improvements, but many remain ResCode default standards (same as now), and many are the same in all zone schedules.
f) Clause 21.13-5 Neighbourhood Character Precinct policy and preferred future character are based on Council’s Neighbourhood Character Profiles, not the Structure Plan, and are repetitive and overly generic.
g) Council has failed to include “Application Requirements” and “Decision Guidelines” at either the zone schedules or Clause 21.13-5 in C100. This means there is nothing additional Council needs from proposals or must consider when making decisions.
h) ResCode requirements for two canopy trees applies only to medium density development.
See Attachment 2 Table of Precincts, Zones/zone schedules / ResCode changes
i) C100 sets a 2ha minimum lot size for all of the Low Density Residential Zone around the town, despite the Structure Plan anticipating limited LDRZ development close to the town centre. The Structure Plan’s Low Density Areas Design Guidelines are not applied to these areas (they are not included in C100).
j) C100 rezones priority development areas to the Urban Growth Zone (UGZ). This zone is designed for Urban Growth areas inside the metropolitan boundary. The Structure Plan said apply a Development Plan Overlay, and do the strategic work needed to rezone. C100 rezones, even though that work hasn’t been done.
4. Things To Do:
Amendment C100 is not implementing the Riddells Creek Structure Plan. Council has instead written its own plan in C100, a plan it has not notified or consulted residents about (the same is happening at Kyneton).
The policies and planning controls in Amendment C100 are substantially different to those in the Structure Plan, and will produce substantially different outcomes for the town. Changes from the Structure Plan in C100 are in fact so substantial Council is not including the Structure Plan in the planning scheme as a Reference Document.
Because C100 is a formal planning scheme amendment process, residents need to make written submissions by the advertised closing date for submissions to have official ‘standing’ in the formal amendment process. Submissions need to ask for change/s.
· Download all of the C100 amendment documents from Council’s website (note: Council has only made the first part of the Structure Plan available). http://www.mrsc.vic.gov.au/Council_the_Region/News_Media/Latest_News/Feedback_invited_on_implementation_of_town_structure_plans
· Make a written submission to Council by close of business on October 23, 2015, requesting Council remove its rewritten policies, reinstate the adopted Structure Plan, its policies and Neighbourhood Character Study, formulate better and more planning controls that recognise and will protect character as the town grows, and re-exhibit C100 for further community comment.
Examples of policy change in C100 at Clause 21.13-5: Attachment 1
a) Overview (this is based on the Clause 21.13-5 recently inserted into the planning scheme by Amendment C84).
C100 Riddells Creek’s character is defined by the following elements:
· C100 Attractive surrounding rural landscapes, // C84 significant backdrop of the Macedon Ranges, and a deeply incised creek valley.
C84 Heritage buildings and culturally significant landscapes
· C100 Dispersed residential areas with generally generous sized allotments blending into extensive areas of low density residential and rural living areas surrounding the township.
C84 Rural lifestyle with a high level of commuting
Key Issues:
· C100 Accommodating anticipated population growth without negatively impacting the character of the township.
C84 Preserving the town’s character and the need for greater identification of its key elements.
b) Changes from the Structure Plan
Objective 6 C100 To encourage development that respects Riddells Creek’s rural village character.
Provide a high amenity urban environment [in the Town Centre Area] that is consistent with the Town Centre Area Guidelines including active frontages to streets, as well as public access and permeability between buildings. Structure Plan 2.4.1 Char/role TC Direction 2
Strategy 6.3 C100 Maintain the village feel of Riddells Creek through development that is low in scale and respects neighbourhood character.
Provide a residential environment that is consistent with the Design Guidelines contained in Appendix B. [guidelines not included in C100] Structure Plan 2.4.2 Res dev/housing Direction 1
Protect the urban and rural character and amenity of the residential areas. Structure Plan 2.4.2 Res dev/housing Direction 2
Ensure that new developments are of a form and scale compatible with the existing town centre development. Structure Plan 2.4.1 Char/role TC Direction 3
Strategy 2.3 C100 Require development to retain existing mature vegetation and incorporate appropriate landscaping that integrates with the landscape character of the area and increases tree canopy coverage across the township.
Encourage developments which provide effective landscape treatments, enhancing the amenity of the town centre, residential and rural-residential areas. Structure Plan 2.4.4 OS/Her Direction 4
Developments must be undertaken in accordance with the Design Guidelines. These guidelines include requirements for landscaping treatments. [guidelines not included in C100] Structure Plan 2.4.4 OS/Her Action 1
Protect and enhance the environmental values of the area including flora, fauna and waterways. Structure Plan 2.4.6 ES Direction 4
Consider potential impacts on biodiversity, flora, fauna and waterways when assessing new subdivision and development proposals. Structure Plan 2.4.6 ES Action 4
Promote developments that seek to enhance existing values (eg, vegetation along Creek corridors). Structure Plan 2.4.6 ES Action 5
Ensure roadside and waterway corridor vegetation is regularly maintained and re-vegetation undertaken (when required). Structure Plan 2.4.4 OS/Her Action 5
Red = text in existing Clause 21.13-5 (C84) and Structure Plan deleted in C100; blue = text added in C100.
RIDDELLS CREEK C100: Precincts, Zones and ResCode Standards Attachment 2 /Note: In the General Residential Zone and Neighbourhood Residential Zone, applications for more than one dwelling on a lot require a planning permit; applications for a single dwelling on a lot do not. Where a planning permit is not required, ResCode standards are applied through the building permit. ResCode standards do not apply to the LDRZ (permit required for single dwellings).
Precinct / Zone / Zone Schedule / ResCode (Clauses 54 & 55) Standards
1 Garden Setting
2 Modern Residential / GRZ4 includes medium density development
Permit for dwelling on lot of 300 - 500 sqm: None specified
Permit for dwelling on lot more than 500 sqm: None
Maximum height: 8m
Minimum lot size: None
Application Requirements: None specified
Decision Guidelines: None specified
Precinct 1 Garden Setting includes previous Structure Plan precincts:
C 700 – 800 sqm
D 1,000 – 2,000 sqm
E 800 – 4,000 sqm
F 800 sqm
G 900 – 2,000 sqm
N 700 – 1,800 sqm
Precinct 2 Modern Residential includes previous Structure Plan precincts:
L 800 – 1,600 sqm
M 600 – 800 sqm
O 1,000 – 2,000 sqm
P Not developed / Setback front: 6m if vacant adjoining
/ default 9m or avge of adjoining
Site coverage: 40%
Permeability: 30%
Landscaping: B13 med dens 2 canopy trees (1 in front)
Side setbacks: 2m +0.3m/m (3.6 –6.9m), +1m (+6.9m)
Walls on Boundary:
Side – 0m /0m exc. garage 5m behind house front wall
Rear – On boundary (default ResCode A11& B18) A17 Private open space: 80 sqm/20%, min 40sqm
Secluded open space: Minimum: 25sqm/5m dimension
B28 Private open space: 40sqm
Secluded open space: 25sqm/5m min dimension
Fences: None specified – default 2m RDZ1, 1.5m other
3 Town Centre Residential / GRZ 3 Includes medium density development
Permit for dwelling on lot of 300 - 500 sqm: None specified
Permit for dwelling on lot more than 500 sqm: None
Maximum height: 8m
Minimum lot size: None
Application Requirements: None specified
Decision Guidelines: None specified
Other than height, requirements are the same as the General Residential zone defaults/requirements
Precinct 3 Town Centre Residential Precinct includes previous Structure Plan precincts:
V No change, no vacant land / Setback front: 4m if vacant adjoining (default)
/ default 9m or avge of adjoining
Site coverage: 60% (default)
Permeability: 30%
Landscaping: B13 med dens 2 canopy trees (1 in front)
Side setbacks: 1m (default)
Walls on Boundary:
Side – 10m plus 25% of remaining length of boundary (default)
Rear – On boundary (default ResCode A11& B18) A17 Private open space: 80 sqm/20%, min 40sqm
Secluded open space: Minimum: 25sqm/5m dimension
B28 Private open space: 40sqm
Secluded open space: 25sqm/5m min dimension
Fences: None specified – default 2m RDZ1, 1.5m other
RIDDELLS CREEK C100: Precincts, Zones and ResCode Standards Attachment 2
Precinct / Zone /Zone Schedule / ResCode (Clauses 54 & 55) Standards
4
Rural Bushland A
Rural Bushland B
Rural Bushland C / NRZ 7
Permit One Dwelling: None specified
Permit fence within 3m road: None specified
Minimum lot size: 4,000 sqm
One dwelling only on lot: Not specified
Maximum Height: 8m (zone default 8m)
Application Requirements: None specified
Decision Guidelines: None specified
Rural Bushland A includes previous Structure Plan precincts:
I 5,000 – 6,000 sqm
H 1,600 – 2,000 sqm
Rural Bushland B includes previous Structure Plan precincts:
A 4,000 sqm
B 2,000 – 4,000 sqm
J 4,000 sqm
Q (part) 10,000 – 20,000 sqm
Rural Bushland C includes previous Structure Plan precincts:
K 3,000 – 4,000 sqm / Setback front: 6m if vacant adjoining
/ 15m or avge of existing adjoining
Site coverage: 20%
Permeability: 40%
Landscaping:* B13 med dens 2 canopy trees (1 in front)
Side setbacks: 5m +0.3m/m (3.6 –6.9m), +1m (+6.9m)
Walls on Boundary:
Side – 0m /0m exc. garage 5m behind house front wall
Rear – On boundary (default ResCode A11& B18)
A17 Private open space: None specified (default)
Secluded open space: Minimum 3m dimension (default)
B28 Private open space: None specified (default)
Secluded open space: 3m min dimension (default)
Fences: None specified – default 2m RDZ1, 1.5m other
*Medium density is not provided for in the NRZ.
NO PRECINCT
APPLIED / Low Density Residential Zone (existing)
Zone schedule change:
Minimum lot size: 2 hectares
LDRZ areas include previous Structure Plan precincts:
Q (part) 10,000 – 20,000 sqm
R1 & R2 15,000 – 20,000 sqm
S1 & S2 15,000 – 20,000 sqm
T 15,000 – 25,000 sqm / No capacity to specify ResCode standards in LDRZ
· General Residential Zone in the main relies on ResCode default standards. Almost all are default in GRZ3.