PLANNING REPORT
PROPOSED DWELLING
Lot 1 Plan of Subdivision 144837
9 Blair Road Bahgallah
Prepared by:
ANDREW LACEY
B.App. Sci (Planning) Grad. Dip. U & R Planning
MPIA
A.B.N. 89 811 694 075
November 2016
Proposed Dwelling – 9 Blair Road Bahgallah
Table of Contents
1.0
Introduction ........................................................................................................................ 3
2.0 The Proposal ..................................................................................................................... 3
2.1 Description of the Dwelling ............................................................................................... 4
3.0
Description of the Land ...................................................................................................... 6
4.0
Site Description ................................................................................................................... 7
4.1 Surrounding Land Use ......................................................................................................... 11
5.0 State Planning Policy Framework............................................................................... 12
6.0 Local Planning Policy Framework (LPPF)................................................................. 15
6.1 Municipal Strategic Statement ................................................................................................ 15
7.0 Zoning............................................................................................................................... 18
7.1 Purpose of the Zone.......................................................................................................... 19
7.2 How the proposed dwelling responds to the decision guidelines for dwellings
in the zone (Clause 35.07-6)....................................................................................................... 20
8.0 Overlays ........................................................................................................................... 23
9.0 Conclusion ...................................................................................................................... 25
Appendix
Appendix A – Certificate of Title
Appendix B – Bushfire Management Plan
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Proposed Dwelling – 9 Blair Road Bahgallah
1.0
Introduction
This planning report has been prepared to accompany a planning application to use and
develop land known as 9 Blair Road Bahgallah, being Lot 1 on plan of Subdivision
144837, for the purposes of a dwelling.
The property has a frontage of 45 metres to Blair Road, which forms the western
boundary of the property.
The land accommodates an existing dwelling, in a poor state of repair, which is
proposed to be replaced. An array of outbuildings and rural infrastructure are clustered
around the existing dwelling, located at the eastern end of the site.
The application site has an area of 24.29 hectares.
The land has been used for extensive animal husbandry, being the grazing of cattle and
sheep.
The application is made having regard to the provisions of the Farming Zone pursuant
to the Glenelg Planning Scheme.
2.0
The Proposal
The application seeks approval to use and develop the land for a dwelling.
It is noted that an existing dwelling is located on the land, however is in a poor state of
repair and has been unoccupied for the past couple of years.
The Glenelg Planning Scheme’s definition of dwelling includes outbuildings and works
normal to a dwelling.
The land is zoned Farming Zone.
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Proposed Dwelling – 9 Blair Road Bahgallah
A permit is required to use land for a dwelling on land under 40 ha and the proposal
must meet the requirements of Clause 35.07-2 (addressed later in this report).
A permit is required for building and works associated with a use in Section 2 of the
Table of Uses of Clause 35.07-1.
The land is also affected by a Bushfire Management Overlay and Environmental
Significance Overlay (Schedule 3).
The Bushfire Management Overlay triggers a planning permit for the construction of a
dwelling.
The Environmental Significance Overlay (Schedule 3) applies to the Red-tailed Black
Cockatoo Habitat Areas, and triggers a permit for the removal of hollow dead River Red
Gum trees having a diameter greater than 60cm at 1 metre above ground level.
No dead or living trees are proposed to be removed to accommodate the proposed
dwelling.
2.1
Description of the Dwelling
The proposed dwelling is a GJ Gardner dwelling.
The floor plan of the dwelling comprises of the following areas:
Dwelling:
216.96 square metres
Garage:
42.23 square metres
Alfresco 1:
18.52 square metres
Alfresco 2:
10.02 square meters
Porch:
1.06 square metres
Total Floor Space: 288.78
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Proposed Dwelling – 9 Blair Road Bahgallah
The proposed dwelling comprises of the following rooms:
•
Kitchen and Pantry
•
Dining/living room
•
4 bedrooms (bedroom 1 with ensuite)
•
Bathroom
•
Laundry
•
WC
•
Media
•
Office
•
WIR
•
Garage
•
Alfresco x 2
An extract of the floor plan follows:
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Proposed Dwelling – 9 Blair Road Bahgallah
3.0
Description of the Land
The land is contained within Certificate of Title Volume 09548 Folio 393, being Lot 1 on
Plan of Subdivision 144837.
The land has an area of 24.29 hectares.
A copy of title plan follows:
Figure 1 - Title Plan
A copy of the certificate of Title is attached. Refer to Appendix A.
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Proposed Dwelling – 9 Blair Road Bahgallah
4.0
Site Description
The subject land is an irregular configuration, and can be generally described as
triangular in shape, with the right angle of the triangle being the North West
corner of the property. The adjacent and opposite sides of the triangle have
abuttal’s to government roads.
The government road along the north boundary of the property is unconstructed
and unused. The government road which adjoins the east boundary of the site is
constructed (not sealed) and is accessible.
The southern boundary of the property (i.e. the hypotenuse of the triangle),
towards the western end, is stepped or staggered.
Photograph 1 – Front (west elevation) of existing dwelling
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Proposed Dwelling – 9 Blair Road Bahgallah
Photograph 2 –Rear of existing dwelling (south and east elevations)
Photograph 3 –Vehicle Access track serviced from Blair Road
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Proposed Dwelling – 9 Blair Road Bahgallah
Photograph 4 – Existing Garage
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Proposed Dwelling – 9 Blair Road Bahgallah
Photograph 5 – View from dwelling to the east towards hay shed
Photograph 6 – Entrance Gates located on the east boundary of the
property, accessed from Government Road.
Photograph 7 – Site Plan over aerial - the western part of the application site
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Proposed Dwelling – 9 Blair Road Bahgallah
4.1 Surrounding Land Use
The subject land is located south of the Casterton Township, as indicated by the
following aerial of the site and surrounds:
Application Site
Photograph 8 – Aerial of Surrounding Land Uses
Immediately surrounding land use is predominantly extensive animal husbandry, within
an undulating landscape, which is scattered with pockets of native vegetation.
Dwellings are found throughout the surrounding area, albeit at a low density.
The immediately adjoining property to the south accommodates an existing dwelling
located within close proximity to the existing dwelling on the application site.
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Proposed Dwelling – 9 Blair Road Bahgallah
An aerial photo of the site within the context of immediately surrounding land use and
the surrounding road network pattern follows:
Application Site
Photograph 9 – Aerial of Surrounding Land Uses
5.0
State Planning Policy Framework
Relevant Clause of the SPPF includes:
•
Clause 10 ‘Operation of the State Planning policy Framework’ seeks to ensure the
objectives of planning in Victoria (as set out in Section 4 of the Planning and
Environment Act 1987) are fostered through appropriate land use and development
policies and practises which integrate with relevant environmental, social and economic
factors in the interest of net community benefit and sustainable development
The objectives of planning in Victoria include:
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Proposed Dwelling – 9 Blair Road Bahgallah
•
To provide for the fair, orderly, economic and sustainable use, and development
of land.
•
Clause 11.05 ‘Regional Development’ seeks to promote the sustainable growth and
development of Regional Victoria through a network of settlements identified in the
Regional Victoria Settlement Framework
•
Clause 11.05-4 ‘Regional planning strategies and principles’ seeks to develop
regions and settlements which have a strong identity, are prosperous and are
environmentally sustainable.
•
Clause 11.09-4 Networked Settlements
Supports rural residential development in locations that:
o Consolidate this form of development to provide servicing efficiencies next to
existing townships.
o Are adjacent to towns with limited growth demand to sustain population levels
and communities.
o Avoid unmanageable exposure to natural hazards, especially bushfire, flood and
coastal hazards.
o Avoid impact on regional assets including highly productive land.
o Are not strategically identified for standard density urban growth.
•
Clause 11.09-5 Agricultural productivity seeks to manage and utilise strategic assets
and support agricultural productivity
•
Clause 11.09-6 Environmental assets seek to sustainably manage natural, cultural
and environmental assets.
•
Clause 12.01-1 Protection of biodiversity seeks to assist the protection and
conservation of Victoria’s biodiversity, including important habitat for Victoria’s flora and
fauna and other strategically valuable biodiversity sites.
• Clause 14.01-1 Protection of Agricultural Land seeks to protect productive farm land
which is of strategic significance in the local and regional context.
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Proposed Dwelling – 9 Blair Road Bahgallah
The strategies to achieve this objective include to ensure that the State’s Agricultural
base is protected from the unplanned loss of productive agricultural land due to
permanent changes of land use.
• Clause 14.01-2 Sustainable Agricultural Land Use, seeks to encourage sustainable
agricultural land use.
• Clause 16.01 ‘Residential Development’ seeks to promote a housing market which
meets community needs.
• Clause 16.01-4 ‘Housing Diversity’ seeks to provide a range of housing types to meet
increasingly diverse needs.
• Clause 16.02-1 ‘Rural Residential development’ seeks to identify land suitable for
rural living and rural residential development
Assessment of SPPF
The applicable State Planning Policy Frameworks (SPPF) encourages the protection of
productive agricultural land from the intrusion of inappropriate land uses and from the
fragmentation of existing rural holdings.
In response to the SPPF it is submitted that this application for a replacement dwelling
on a property having an area of 24.29 hectares will be an appropriate outcome for the
site and surrounding area having regard to the fact that the land accommodates
established rural infrastructure, including various sheds and outbuildings, and has been
used for the purposes of a dwelling in the past.
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Proposed Dwelling – 9 Blair Road Bahgallah
6.0
Local Planning Policy Framework (LPPF)
The relevant provisions of the LPPF are detailed below:
6.1
Municipal Strategic Statement
Clause 21.09 Objectives and Strategies includes the following objective under the
heading “Agriculture”.
• To provide for agricultural uses which are environmentally and ecologically sustainable
through encouraging investment in existing agricultural enterprises and diversification of
agricultural enterprises
Strategies
• To provide a diversity of locational opportunities for agriculture including agroforestry,
horticulture and appropriately sited intensive animal husbandry.
•
To provide locational opportunities for the establishment of local processing of
agricultural products.
•
To provide locational opportunities for the establishment and development of wineries.
•
To protect areas of high quality agricultural land from non-agricultural uses.
These strategies will be implemented by:
• Applying the Farming Zone to areas of the Shire currently in agricultural production
except for areas suitable for intensive agriculture which shall be included in a Rural
Conservation Zone.
• Applying a 40ha subdivision minimum in the Farming Zone except in areas of prime
agricultural land around Portland within a Rural Conservation Zone where the
subdivision minimum is 2 ha.
• Using local policy to manage the excision of dwellings and creation of new lots for
dwellings to ensure that it does not create conflicts with other rural activities
• Using local policies to promote sound land management and protection of natural
resources; to promote protection of high quality agricultural land; to encourage
opportunities for expansion of new agricultural enterprises; and to promote good siting
and design of outbuildings.
Comment
The agricultural use of the land will both intensify and diversify as the result of the
proposed dwelling. Whilst the existing use of land for extensive animal husbandry will
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Proposed Dwelling – 9 Blair Road Bahgallah
continue, the property will be more heavily stocked with both cattle and sheep on the
basis that the establishment of a new dwelling on the land will provide the opportunity
for improved property and stock management.
The property has been partly cleared of native vegetation and the opportunity now is
available to the owners of the property to improve the biodiversity of the property by
undertaking planting of native vegetation, particularly around the perimeter of the site.
The dwelling will enable the owners of the land to achieve sound land management
practises.
The land falls within the Farming zone. The application site is an area historically used
for cattle grazing purposes. The proposed dwelling effectively will not change the land
use of the site. The proposal is not to use the land for a new agricultural enterprise, but
rather the historic land use of stock grazing will continue, albeit more intensively and
better managed than in the past.
Land Management and Protection Local Policy (Clause 22.02-1)
This policy applies to all proposed uses and developments in the rural zones and the
low density residential zone.
The basis of the policy is as follows:
“Sound land use, land management and protection of the natural resource asset base
are essential to ensure the continued economic performance of the primary industry
sector.”
The objectives of the policy are as follows:
•
•
•
•
•
To adopt the principles of Landcare when considering applications to use and
develop land.
To have regard to the regional catchment strategy as prepared by the Glenelg
Regional Catchment and Land Protection Board.
To facilitate the rectification of land degradation and the improvement of the
Shire’s rural land.
To support and encourage an integrated total catchment management approach.
To encourage the preparation of whole farm management plans.
It is policy that:
Use and development of land within rural zones should take into account relevant
Landcare plans, any catchment management strategy and relevant Salinity Land
Management Plans.
•
•
•
•
The importance of existing stands of native vegetation should be considered.
Conditions on permits should be applied to prevent the degradation of land or to
rectify current land degradation problems.
Council shall seek to assist the implementation of land management plans.
Comments from the Department of Natural Resources and Environment should
be considered where sites have demonstrated land degradation problems.
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Proposed Dwelling – 9 Blair Road Bahgallah
Comment
No native vegetation is proposed to be removed as part of this application. The land is
not degraded. The proposed dwelling will not impact upon the natural resource asset
base.
Clause 22.02-3 Fire Hazard
This policy applies to developments throughout the Shire.
Policy Basis
It is important that land use planning and development considerations include the need
to minimise the impact of fire.
Objectives
•
•
To ensure that new land use and development does not increase the level of fire
risk.
To ensure that new land use and development includes adequate fire protection
measures.
Implementation
Fire Protection measures:
It is policy that:
•
•
•
Buildings and access roads be sited and subdivisions designed to minimise
the impact of fire and the emergency conditions which arise from fire.
Development associated with residential or public use incorporate fire
prevention measures where appropriate in accordance with the relevant fire
prevention guidelines.
Access, fencing and the location of dams and tanks maximise fire fighting
potential and minimise interference with fire fighting measures where
appropriate.
Comment
The application site is affected by the Bushfire Management Overlay. Fire risk and
protection measures are addressed in detail by the Bushfire Management Statement
which has been prepared in accordance with Clause 44.06-2 addressed later in this
submission. A bushfire Management Statement forms an attachment to this submission.
Refer to Appendix B.
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Proposed Dwelling – 9 Blair Road Bahgallah
7.0
Zoning
The subject land falls within the Farming Zone.
Subject Land - Farming Zone (FZ)
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Proposed Dwelling – 9 Blair Road Bahgallah
7.1 Purpose of the Zone
The purposes of the Farming zone (Clause 35.07) are as follows:
To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for the use of land for agriculture.
To encourage the retention of productive agricultural land.
To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the
use of land for agriculture.
To encourage use and development of land based on comprehensive and sustainable
land management practices and infrastructure provision.
To protect and enhance natural resources and the biodiversity of the area.
Use of land for a dwelling (Clause 35.07-2)
A lot used for a dwelling must meet the following requirements:
•
Access to the dwelling must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
Assessment
Access to the land is proposed from Blair Road which is an established all
weather road. Access to the dwelling will be via an existing all weather access
drive way, formed and drained.
•
The dwelling must be connected to a reticulated sewerage system or if not
available, the waste water must be treated and retained on-site in accordance
with the State Environment Protection Policy (Waters of Victoria) under the
Environment Protection Act 1970.
Assessment
A reticulated sewer system is not available to the land and it is therefore
proposed that waste water will be treated and retained on site in accordance with
the State Environment Protection Policy. A condition of the planning permit could
be to that effect.
•
The dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply with adequate storage for domestic use as well
as for fire fighting purposes.
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Proposed Dwelling – 9 Blair Road Bahgallah
Assessment
There is no reticulated water supply available to the application site, and
therefore water is proposed to be collected from the roof of the dwelling and the
roof of the existing garage/shed and stored in poly tanks for drinking purposes
and for fire fighting purposes.
•
The dwelling must be connected to a reticulated electricity supply or have an
alternative energy source.
Assessment
Reticulated electricity is available to the property.
7.2 How the proposed dwelling responds to the decision guidelines
for dwellings in the zone (Clause 35.07-6)
The following guidelines must be considered, as appropriate:
General issues
•
•
•
•
•
The State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning
policies.
Any Regional Catchment Strategy and associated plan applying to the land.
The capability of the land to accommodate the proposed use or development,
including the disposal of effluent.
How the use or development relates to sustainable land management.
Whether the site is suitable for the use or development and whether the
proposal is compatible with adjoining and nearby land uses.
Assessment
The State Planning Policy Framework and Local Planning Policy Framework have
been addressed in Sections 5 and 6 of this report. No Regional Catchment
Management Strategy applies directly to the land. The land can capably
accommodate a dwelling and associated effluent disposal. The land can continue to
be used for sustainable agricultural purposes, as has been the case in the past. The
use of the land for a dwelling is suitable as is demonstrated by the existing dwelling
on the land, proposed to be replaced.
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Proposed Dwelling – 9 Blair Road Bahgallah
Agricultural issues
•
•
•
•
•
•
Whether the use or development will support and enhance agricultural
production.
Whether the use or development will permanently remove land from agricultural
production.
The potential for the use or development to limit the operation and expansion of
adjoining and nearby agricultural uses.
The capacity of the site to sustain the agricultural use.
The agricultural qualities of the land, such as soil quality, access to water and
access to rural infrastructure.
Any integrated land management plan prepared for the site.
Assessment
The proposed dwelling will not cause any impediment towards the continued use of
the land for agriculture. A dwelling has been established on the land for several
decades.
Dwelling issues
•
•
•
•
•
Whether the dwelling will result in the loss or fragmentation of productive
agricultural land.
Whether the dwelling is reasonably required for the operation of the agricultural
activity conducted on the land.
Whether the dwelling will be adversely affected by agricultural activities on
adjacent and nearby land due to dust, noise, odour, use of chemicals and farm
machinery, traffic and hours of operation.
Whether the dwelling will adversely affect the operation and expansion of
adjoining and nearby agricultural uses.
The potential for the proposal to lead to a concentration or proliferation of
dwellings in the area and the impact of this on the use of the land for
agriculture.
Assessment
The proposed dwelling will not result in the loss or fragmentation of farming land. The
proposed dwelling is a replacement dwelling and is proposed to be sited over the
footprint of the existing dwelling which will be removed from the site.
The dwelling will not be affected by farming activities on adjacent land
The proposed dwelling will have no impact on other nearby agriculture uses.
Environmental issues
•
•
The impact of the proposal on the natural physical features and resources of
the area, in particular on soil and water quality.
The impact of the use or development on the flora and fauna on the site and its
surrounds.
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Proposed Dwelling – 9 Blair Road Bahgallah
•
•
The need to protect and enhance the biodiversity of the area, including the
retention of vegetation and faunal habitat and the need to revegetate land
including riparian buffers along waterways, gullies, ridgelines, property
boundaries and saline discharge and recharge area.
The location of on-site effluent disposal areas to minimise the impact of nutrient
loads on waterways and native vegetation.
Assessment
The proposed dwelling will not have a detrimental impact on the natural physical
features and resources of the area. The dwelling is proposed to replace an existing
dwelling located on the land and is proposed to be sited over the footprint of the
existing dwelling
Effluent disposal can comfortably be achieved on site without impacting on waterways
or native vegetation.
No native vegetation is proposed to be removed.
Design and siting issues
•
•
•
•
•
The need to locate buildings in one area to avoid any adverse impacts on
surrounding agricultural uses and to minimise the loss of productive agricultural
land.
The impact of the siting, design, height, bulk, colours and materials to be used,
on the natural environment, major roads, vistas and water features and the
measures to be undertaken to minimise any adverse impacts.
The impact on the character and appearance of the area or features of
architectural, historic or scientific significance or of natural scenic beauty or
importance.
The location and design of existing and proposed infrastructure including roads,
gas, water, drainage, telecommunications and sewerage facilities.
Whether the use and development will require traffic management measures.
Assessment
The proposed dwelling is to be sited over the footprint of the existing dwelling located on
the site, thus avoiding any adverse impacts on surrounding agricultural uses.
The dwelling will have no impact on the natural environment, major roads, vistas and
water features. The infrastructure associated with a dwelling is already established on
the site. A condition of any planning permit issued could require details of colours and
finishes of the dwelling be submitted to Council for approval.
Clause 65 Decision Guidelines.
The decision guidelines of Clause 65 have been addressed throughout the body of this
report.
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Proposed Dwelling – 9 Blair Road Bahgallah
8.0
Overlays
The application site is affected by a Bushfire Management Overlay and an
Environmental Significance Overlay (Schedule 3).
Application Site:
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Proposed Dwelling – 9 Blair Road Bahgallah
Bushfire Management Overlay
The purpose of the Bushfire Management Overlay described in Clause 44.06 is as
follows:
•
To implement the State Planning Policy Framework and theLocal Planning Policy
Framework, including the Municipal Strategic Statement and local planning
policies.
•
To assist to strengthen community resilience to bushfire.
•
To identify areas where the bushfire hazard requires specified bushfire protection
measures for subdivision and buildings and works to be implemented.
•
To ensure that the location, design and construction of development considers
the need to implement bushfire protection measures.
•
To ensure development does not proceed unless the risk to life and property from
bushfire can be reduced to an acceptable level.
Pursuant to Clause 44.06-1 a permit is generally required to construct building and
works associated with accommodation.
Pursuant to Clause 44.06-2 an application must be accompanied by:
•
•
A locality plan
A bushfire Management Statement
A Bushfire Management Statement has been prepared, and is attached to this
submission. Refer to Appendix B.
The bushfire management statement:
•
Contains a bushfire site assessment prepared to calculate defendable space
and construction requirements in accordance with Standards 6.1, 7.1 and 8.1
of Clause52.47 as appropriate.
•
Demonstrates the way in which the application meets the relevant objectives,
standards, mandatory standards and decision guidelines set out in Clause
44.06, and in Clause 52.47.
The Bushfire Management Plan addresses the following provisions of Clause 52.47.
52.47-3
52.47-4
52.47-5
52.47-6
52.47-7
52.47-8
52.47-9
Location Objectives
Siting and Layout Objective
Bushfire Protection Measures
Defendable Space for Dwellings and dependant persons units
objective
Defendable space for industry office and retail premises objective
Defendable Space and construction for other occupied buildings
objective
Defendable Space Location Objective
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Proposed Dwelling – 9 Blair Road Bahgallah
52.47-10
Water Supply and Access Objective
Environmental Significance Overlay (Schedule 3).
The Environmental Significance Overlay (Schedule 3) applies to the Red-tailed Black
Cockatoo Habitat Areas, and triggers a permit for the removal of hollow dead River Red
Gum trees having a diameter greater than 60cm at 1 metre above ground level.
No dead or living trees are proposed to be removed to accommodate the proposed
dwelling.
9.0
Conclusion
This report addresses the State Planning Policy Framework, the Local planning Policy
Framework, the provisions of the Farming zone and the Bushfire Management Overlay
and the Environmental Significance Overlay and finds that the use of the land for a
dwelling is justified having regard to the relevant planning controls..
The grant of a permit will not compromise the ability of the land to be used for
agricultural purposes, albeit on a modest scale.
The proposed dwelling replaces an existing dwelling located on the application site.
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Proposed Dwelling – 9 Blair Road Bahgallah
APPENDIX A – CERTIFICATE OF TITLE
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Proposed Dwelling – 9 Blair Road Bahgallah
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Proposed Dwelling – 9 Blair Road Bahgallah
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Proposed Dwelling – 9 Blair Road Bahgallah
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APPENDIX B – BUSHFIRE MANAGEMENT STATEMENT
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