Council Adopts Planning Scheme Amendment
Hepburn Shire Council has adopted the C80hepb Planning Scheme Amendment and will now submit it to the Department of Environment, Land, Water and Planning, and the Minister for Planning for approval. The amendment was a significant project and the culmination of two years’ work.
This was an enormous project and I thank the many community members, stakeholders and officers who have provided input and feedback to help us get to this point.
The amendment will bring our planning scheme into current-day thinking and enable better protection of the local character of our Shire that we all love.
It is an important first step in our strategic planning work. We acknowledge there is still a lot more work to do and we are committed to prioritising this.
The amendment is a comprehensive review of the Hepburn Planning Scheme that provides urban planning considerations to guide development and land use planning. It also includes a strategic planning framework to enhance outcomes for future development, land use planning and appropriate environmental protection.
Council received 276 submissions on the draft amendment during community consultation in August 2020. Following this, Council referred submissions to an Independent Panel for consideration and to make recommendations. The adopted planning scheme incorporated all or part of 12 of Independent Panel’s 19 recommendations.
Council and staff will hold community sessions in coming weeks to explain the amendment and the next steps. Read the adopted C80 Amendment at www.hepburn.vic.gov.au/minutes-agendas/.
The independent panel hearing for Amendment C80hepb (Planning Scheme Review) has been completed and the final recommendations of the panel have been received. A copy of the panel report can be viewed and downloaded by clicking on the link above. Council will consider the recommendations of the panel within 40 days of its receival (17 February) as required under Ministerial direction and make a determination on the progression of the Amendment at a proposed Special Council Meeting to be held on Monday 29 March 2021.
Hepburn C80hepb Council Resolution September 2020
Council considered the proposed amendment at its meeting of the 15 September 2020. Council requested the Minister for Planning appoint an Independent Panel to consider all submissions received to the amendment. The report can be found here – Public Minutes Ordinary Meeting of Council – 15-September 2020. Two elements of the proposed amendment were abandoned by Council. These were the proposed:
- Clause 43.02 Design and Development Overlay Schedule 6 around the Daylesford Transfer Station
- Clauses 42.03 Significant Landscape Overlay Schedules 1 and 2 which would have applied additional landscape controls across the municipality.
What the Amendment C80Hepb proposes
Hepburn Shire Council has prepared amendment C80hepb to the Hepburn Planning Scheme.
All land within the Shire of Hepburn is affected by the amendment. The amendment proposes substantive changes to the Hepburn Planning Scheme. These are summarised in the table below (note – these are post exhibition and align with the Council resolution of 15 September 2020):
Proposed key changes to the Hepburn Planning Scheme
|Change||What the change provides|
|A new Municipal Planning Strategy (MPS) to replace the Municipal Planning Statement (MSS)|
A sixteen page MPS (including five updated maps) that is more concise and clearer on important Shire-wide issues and community aspirations.
The new MPS replaces the MSS in accordance with the Ministerial Direction, ‘The Form and Content of Planning Schemes’. It has specific headings, word limits and formatting requirements
|Nineteen new local policies||Respond to key planning issues expressed by the community as priorities to further guide planning decisions. They are (1) Aboriginal cultural heritage (2) Affordable housing (3) Catchment and land protection (4) Central Springs and Lake Daylesford, Hepburn Springs Reserve and Jubilee Lake Reserve environs (5) Diversified economy (6) Environmentally sustainable development. (7) Infrastructure design and provision. (8) Heritage (9) Landscape management. (10) Mineral springs and fresh water springs protection (11) Neighbourhood character in Daylesford. (12) Neighbourhood character in townships and settlements (13) Open Space (14) Protection of agricultural land. (15) Sustainable agricultural enterprises (16) Subdivision (17) Townships and settlements (18) Urban design (19) Native vegetation and habitat protection|
|Zones. The changes to the zones more efficiently apply the current township structure plans and strategic directions.|
Zones: the following are unchanged:
· Most existing zones (e.g. Farming, Commercial, Industrial, Low Density Residential and Rural Conservation).
· Small settlements including Glenlyon to retain the Township Zone schedule.
|Zone changes in Creswick||Introduce specific General Residential Zone (GRZ) schedule with objectives around character, design, landscape and heritage added from the Creswick Structure Plan.|
|Zone changes in Clunes||Changes from Township Zone (TZ) to Neighbourhood Residential Zone (NRZ) with 9 metre height limits and specific objectives around character, design, landscape and heritage added from the Clunes Structure Plan from 2006.|
|Zone changes in Hepburn Springs|
Changes from GRZ to NRZ with 9 metre height limits and specific objectives around character, design, landscape and heritage added from the Hepburn Springs Structure Plan
Includes the Hepburn Mineral Springs Reserve in a Public Park and Recreation Zone
|Zone changes in Trentham||Changes from TZ to NRZ with 9 metre height limits and specific objectives around character, design, landscape and heritage added from the Trentham Structure Plan from 2006.|
|Changes road zones in Trentham to accurately reflect their designation as managed by Regional Roads Victoria.|
|Zone changes in Daylesford||Changes from GRZ to NRZ with 9 metre height limits and specific objectives around character, design, landscape and heritage added from the Daylesford Structure Plan from 2006.|
|Changes the Lost Children’s Memorial Park from a General Residential zone to a Public Park and Recreation Zone to accurately reflect its use.|
|Overlays The changes remove duplication/redundant overlays and create new overlays where there is justification|
Overlays: the following are unchanged:
The Vegetation Protection Overlay; the Erosion Management Overlay; the Restructure Overlay and the Land Subject to Inundation Overlay.
|Updates to Shire wide Overlays||Retains the Heritage Overlay to all heritage places with clearer application requirements|
|Retains the Environmental Significance Overlays 1 and 2 to protect the Shire’s water catchment and mineral springs assets and updates permit requirements and exemptions.|
|Overlay changes in Creswick area||Removes redundant Development Plan Overlay from WD Seeds removing duplicated requirements.|
|Overlay changes in Clunes area||Nil|
|Overlay changes in Trentham area||Adds local heritage protection to HO988 for ‘Potato Huts’ in Little Hampton and Trentham.|
|Overlay changes in Daylesford||Splits the two existing Neighbourhood Character Overlay (NCO) Schedules into six separate schedules providing one schedule per precinct. The schedules will more accurately reflect the (still relevant) Daylesford Neighbourhood Character Study, 2002;|
|Removes Design and Development Overlay (DDO) areas from land that currently doubles up with the NCO controls.|
|Removes the redundant Development Plan Overlay from the former Daylesford Abattoir site.|
|General and Operational Provisions|
|Adds a background document||Adds the Hepburn Heritage Strategy 2020-2030 as a background document to support planning decisions, updates and removes redundant background documents.|
|Extends protection of dry stone walls|
Extends the protection to all dry stone walls across the Shire regardless of when they were constructed.
This will now include dry stone walls constructed before 1940
|Administrative changes||Updates to clauses to clarify wording and content are proposed throughout the scheme so that they meet the requirements of the Ministerial Direction, ‘The Form and Content of Planning Schemes’.|
You can view the exhibited amendment at the Department of Environment, Land, Water and Planning website at www.planning.vic.gov.au/schemes-and-amendments/browse-amendments#Amendments–C80hepb
What is a Planning Scheme?
A planning scheme sets out the way land can be used, developed and protected, and guides planning and development decisions.
All land within Hepburn is affected by the planning scheme and is subject to its provisions.
Why the planning scheme is important?
The planning scheme affects everyone because it outlines how and where people can develop or use their land in the Hepburn Shire.
Why is Council rewriting the Planning Scheme?
The Amendment implements the recommendations of the Hepburn Planning Scheme Review 2020 which Council adopted at its meeting of February 2020. The Review found the need to
- ensure that the Scheme is up to date and addresses key issues that our municipality is experiencing now and in the future;
- align the planning scheme to its key strategies and plans including the Council Plan and the Regional Growth Plan; and
- identify future strategic work that will continue to reflect the direction of the Shire.
What is in the planning scheme?
The planning scheme includes state, regional and local planning policies, strategies and provisions set out in a Planning Policy Framework (PPF).
The planning scheme is effectively a ‘legal tool box’ that implements the state, regional and local policies and strategies.. The ‘tools’ or provisions include zones, overlays, particular provisions and general provisions.
What will an updated Planning Scheme actually deliver?
The new Hepburn Planning Scheme will:
- deliver an improved basis for decision making on land use and development in the Shire. It will be clearer about what the community’s expectations are, if a permit is required and what Council’s expectations are for applicants. This will make the scheme easier to navigate for the community and reduce confusion and delays.
- confirm the foundations for further strategic work. A program of further work was identified in the Hepburn Planning Scheme Review 2020 and includes undertaking structure planning work in each of the five main townships, reviewing agriculture land, protecting heritage and biodiversity.
Please be aware that Hepburn Shire Council collects information from organisations and individuals during the planning scheme amendment process through submissions made to an Amendment. Submissions may be hand written, electronic and often contain images, maps and plans. Submissions frequently contain personal information which at times may be sensitive for commercial, health or other reasons.
Natural justice and transparency are important parts of the Planning Scheme Amendment process. Under section 21(2) of the Planning and Environment Act 1987 (Vic), Council must make all submissions to an Amendment available to view by any person at its offices for a period of two months after the Amendment is gazetted or lapses. This includes all personal names, telephone and address details, unless specifically requested to be deleted prior to the submission being made publicly available.
Publication of submissions on Council’s Website
Council will make all submissions available to view online on its website during the Planning Scheme Amendment process. All submissions made available online will be redacted to remove any personal names, telephone and address details. Submissions will be removed from the website once the Amendment is finalised.
Use of your personal information
In accordance with the Privacy and Data Protection Act 2014 (Vic) and Health Records Act 2001 (Vic) the personal information submitted by you is being collected by Hepburn Shire Council for the submission process and it will not be disclosed to any other external party without your consent, except as a requirement of the Planning and Environment Act 1987 (Vic). This includes disclosing your personal information upon request (name and address only) to any person during the Planning Scheme Amendment process.
If you do not provide your name and address Council will not be able to consider your submission.
For more information regarding privacy please visit Council’s webpage at https://www.hepburn.vic.gov.au/wp-content/uploads/2015/01/Policy-30-C-Privacy-Policy-Adopted-16-09-2014.pdf.