The municipality of Hepburn has several isolated rural settlements that were subdivided more than 20 years ago. Before adequate planning controls were in place, several subdivisions occurred where small lots were created despite significant physical, environmental and infrastructure constraints affecting the land. These subdivisions were in and around the Shire including:
Drummond - an isolated rural residential settlement located approximately 23 kilometres northeast of Daylesford. Drummond is located to the west of Malmsbury-Daylesford Road adjacent to an expansive, heavily forested area immediate west and north. Land to the east is cleared and used for farming.
Sailors Falls - approximately seven kilometres south of Daylesford to the west of Ballan-Daylesford Road. The area is characterised by an expansive, heavily forested area to the immediate west and north. The area is isolated from other urban development. Agricultural lands extend east and south with further expansive forest beyond to the east.
The restructuring of “old and inappropriate subdivisions” has been used in Victoria as a means of dealing with areas of existing subdivided land which are subject to use and development constraints, and which if developed to their full capacity, would have serious environmental, servicing and social impacts. Implementation of measures to bring about a restructure is consistent with the Hepburn Planning Scheme Review Final Report – February 2020 (also known as Amendment C80).
The Victoria Planning Provisions identify the purpose of a Restructure Overlay as:
The intent of the Restructure Overlay is:
In many cases this means that several lots must be consolidated into one. They also act to preserve and enhance the amenity of the area and reduce the environmental impacts of dwellings and other development.
Restructure plans are intended to guide consolidation of land to a more appropriate size and to determine what land is suitable for development and clarify development constraints and opportunities.
The objectives of the restructure plan under the Restructure Overlay are to:
A permit is required to construct or extend a dwelling or other building.
A permit must be in accordance with a restructure plan for the land listed in a schedule to this overlay. This does not apply if:
When the Restructure Overlay was originally introduced into the Hepburn Planning Scheme more than 20 years ago, a fundamental component, the restructure plan was not included to guide development and ensure that unsuitable land is not developed with the addition of a dwelling. This means that no permit application can be supported because there is not an approved restructure plan in the planning scheme for these areas.
Council officers are now undertaking Stage One of the Restructure Overlay Project to compile all historical information relevant to the land that is affected by the Restructure Overlay in Drummond and Sailors Falls. In some cases, Council officers may contact affected landowners and invite them to contribute any relevant historical information pertaining to the planning development approvals relating to their land. Participation by landowners is encouraged but is completely voluntary. Note that if landowners have access to historic planning permit documentation this may help complete the project sooner.
The project stages are intended as follows:
Should you wish to find out more information about how you are affected, please contact Hepburn Shire’s Strategic Planning team at email@example.com or by phone on 5348 2306