Planning and Environment Act 1987 Panel Report Moorabool Planning Scheme Amendment C62 Bacchus Marsh Urban Rezoning 10 July 2014 Planning and Environment Act 1987 Panel Report pursuant to Section 25 of the Act Moorabool Planning Scheme Bacchus Marsh Urban Rezoning Bacchus Marsh Urban Rezoning Andrew Clarke, Chair Des Grogan, Member Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Contents Page 1 Introduction ................................................................................................................ 1 2 The subject site and surrounds ................................................................................... 3 3 Issues dealt with in this report .................................................................................... 4 4 Strategic planning context .......................................................................................... 5 4.1 Policy framework ..................................................................................................... 5 4.2 Planning scheme provisions .................................................................................... 7 5 Traffic and transport ................................................................................................... 8 5.1 Key Issues ................................................................................................................ 8 5.2 Evidence and submissions ....................................................................................... 8 5.3 Discussion .............................................................................................................. 14 5.4 Summary and conclusions ..................................................................................... 15 5.5 Recommendations ................................................................................................ 16 6 Loss of agricultural land ............................................................................................ 17 6.1 Key Issues .............................................................................................................. 17 6.2 Evidence and submissions ..................................................................................... 17 6.3 Discussion .............................................................................................................. 21 6.4 Summary and conclusions ..................................................................................... 22 7 Other issues .............................................................................................................. 23 7.1 The Issues .............................................................................................................. 23 7.2 Fire Risk ................................................................................................................. 23 7.3 Heritage ................................................................................................................. 23 8 The form of the Amendment .................................................................................... 24 8.1 Key issues .............................................................................................................. 24 8.2 The most appropriate Residential Zone ................................................................ 24 8.3 Design and Development Overlay 3 ...................................................................... 25 8.4 The content of Development Plan Overlay 6 ........................................................ 26 8.5 Recommendations ................................................................................................ 26 9 Summary of conclusions and recommendations ....................................................... 27 9.1 Conclusions ............................................................................................................ 27 9.2 Consolidated recommendations ........................................................................... 27 Appendix A List of Submitters Appendix B Panel Recommended DDO6 List of Tables Table 1 Page Parties to the Panel Hearing .................................................................................... 2 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Amendment Summary The Amendment Moorabool Planning Scheme Bacchus Marsh Urban Rezoning Subject Site 174 Morton Road, Pentland Hills, part of 5 Randwick Avenue, Bacchus Marsh and part of Woolpack Road Purpose of Amendment Rezone the land from the Farming Zone to the General Residential Zone, introduce a Development Plan Overlay and associated Schedule 6 and delete the Design and Development Overlay Schedules 2 and 3 from the subject land. The Proponent Kataland Pty Ltd Planning Authority Moorabool Shire Council Authorisation No A02678, 6 November 2013 Exhibition 28 November 2013 to 14 January 2014 Panel Process The Panel Andrew Clarke (Chair), Des Grogan (Member) Directions Hearing Bacchus Marsh, Thursday 1 May 2014 Panel Hearing Bacchus Marsh, 2 June and 4‐6 June 2014 Site Inspections Accompanied, 1 May and 2 June 2014 Submissions 18 as listed in Appendix A Date of this Report 10 July 2014 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 1
Introduction Moorabool Planning Scheme Bacchus Marsh Urban Rezoning (the Amendment) was prepared by the Moorabool Shire Council as Planning Authority. The Amendment applies to land at 174 Morton Road, Pentland Hills (Lot 3 TP896465, Lot S4 PS300542, Lot 2 TP896465, Lot 1 TP896465 and Lot 4 TP896465), part of 5 Randwick Avenue Bacchus Marsh (Lot 4 TP896465) and part of Woolpack Road (the section running through 174 Morton Road; Lot UNK Parish of Merrimu). As exhibited, the Amendment proposes to rezone the land from Farming Zone to the General Residential Zone, introduce a Development Plan Overlay and associated Schedule 6 and delete the Design and Development Overlay Schedules 2 and 3 from the subject land. During the exhibition process the Amendment attracted 18 submissions. At its meeting of 11 March 2014, Council resolved to refer the submissions to a Panel. As a result, a Panel to consider the Amendment was appointed under delegation from the Minister for Planning on 26 March 2014 and originally comprised Mr Andrew Clarke (Chair) and Ms Maxine Cooper. The Panel was reappointed on the 5 May 2014 with Mr Des Grogan replacing Ms Cooper. A Directions Hearing was held in relation to the Amendment on 1 May 2014. Following the Directions Hearing, the Panel undertook an inspection of the subject site and its surrounds. The Panel undertook a further inspection after the first hearing day on 2 June 2014. The Panel then met at the Bacchus Marsh Community College to hear submissions in respect of the Amendment. Those in attendance at the Panel Hearing are listed in Table 1. Page 1 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Table 1 Parties to the Panel Hearing Submitter Represented by Moorabool Shire Council Council officers Mr Shane Schmidt, Strategic Planner, Ms Lisa Gervasoni, Co‐ordinator, Strategic Planning and Mr Phil Jeffrey, Manager Infrastructure. Kataland Pty Ltd Mr Mark Bartley, solicitor at HWL Ebsworth Lawyers who called the following expert witnesses: - Mr Nick Hooper, town planner - Mr John Kiriakidis, traffic engineer - Mr Henry Turnbull, traffic engineer - Mr Ray Phillips, agricultural consultant Country Fire Authority Mr Michael Boatman, Manager Community Safety, Grampians Region Department of Transport, Mr Tim Westcott, Senior Transport Planner, DTPLI Grampians Planning and Local Infrastructure, Office and Mr Grant Deeble, Team Leader, Integrated Public Transport Victoria and Transport and Land Use, VicRoads Western Region VicRoads Southern Rural Water Mr John Glossop, Town Planner, Glossop Town Planning who called the following expert witness: - Mr Edward Smith, Manager Water Supply West, Southern Rural Water Melbourne Water Mr Digby Richardson, Waterways and Land Group Robert Clarke Patrick Griffin Jeff Moran Steven & Debbie Grech Peter Matters Page 2 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 2
The subject site and surrounds The subject site comprises a total of 168 ha, 15 ha of which is already in the Residential 1 Zone. The Amendment applies to the remaining 153 ha. The subject site is irregularly shaped and is located on the south‐west fringe of the existing Bacchus Marsh urban area. It is located between the Western Freeway, which forms its northern boundary and Werribee River, which forms its southern boundary. Korkuperrimul Creek passes through the site in a north‐south direction. The topography of the site varies greatly. Part of the site comprises river flats along both sides of Korkuperrimul Creek. There is a steep escarpment forming the eastern boundary and two moderately steep ridgelines running towards the western boundary from Korkuperrimul Creek. The site has historically been used as a horse stud and there are remnant stables and dwellings associated with this use. According to Mr Hooper, called as an expert witness by the proponent, the site has been modified from its natural state with little native vegetation remaining other than a number of scattered trees and a few small patches of native vegetation. As indicated, the site is bounded by the Western Freeway to its north. A softwood plantation is located to the west owned and managed by Mr and Mrs Grech. The Werribee River forms the southern boundary along which there are a number of rural residential and vegetable growing enterprises along the fertile river flats. Suburban residential development is located to the east above the escarpment adjacent to the vacant but residentially zoned land that forms the balance of the Kataland landholding. Page 3 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 3
Issues dealt with in this report The Panel considered all written submissions, as well as submissions presented to it during the Hearing. In addressing the issues raised in those submissions, the Panel has been assisted by the information provided to it. This report deals with the issues under the following headings:  Strategic planning context;  Traffic and transport;  Loss of agricultural land;  Fire Risk;  Heritage;  The form of the Amendment. Page 4 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 4
Strategic Planning Context Council provided a response to the Strategic Assessment Guidelines as part of the Explanatory Report. The Panel has reviewed the policy context of the Amendment and made a brief appraisal of the relevant zone and overlay controls and other relevant planning strategies. 4.1
Policy framework 4.1.1 State Planning Policy Framework The following clauses in the SPPF are relevant to the Panel’s consideration of the Amendment:  Clause 11.02‐1: Supply of Urban Land. The objective seeks to ensure a sufficient supply of land is available for various land uses including residential. Relevant strategies include ensuring the ongoing provision of land and supporting infrastructure to support sustainable urban development and to ensure that sufficient land is available to meet forecast demand. It also includes a strategy to accommodate projected population growth over at least a 15 year period and provide clear direction on locations where growth could occur.  Clause 11.02‐4: Sequencing of Development. The objective seeks to manage the sequence of development in growth areas so that services are available from early in the life of new communities.  Clause 11.05‐1: Regional Settlement Networks. It identifies Bacchus Marsh as a regional centre where growth will be promoted.  Clause 11.06‐1: Central Highlands Regional Growth – Planning for Growth. Ballarat is identified as the main centre for regional growth. Ararat and Bacchus Marsh are identified as key service centres at each end of the region. Adequate land and infrastructure is to be provided in appropriate locations to support anticipated population growth.  Clause 11.06‐4: Central Highlands Regional Growth – Sustainable Communities. It includes a strategy to plan for growth by directing it to well serviced settlements with good access to Melbourne or Ballarat. Bacchus Marsh is identified as one of six urban centres to attract growth.  Clause 11.06‐8: Central Highlands Regional Growth ‐ Agricultural Productivity. It includes the strategy to support rural economies to grow and diversify and protect key agricultural assets from incompatible uses. It also seeks to support the ongoing viability of agriculture by identifying land for primary production and agriculture including intensive agriculture.  The Central Highlands Regional Growth Plan identifies Bacchus Marsh as a regional centre where major growth will be supported.  Clause 13.05‐1: Bushfire Planning Strategies and Principles. The policy seeks to strengthen community resilience to bushfire.  Clause 14.01‐1: Protection of Agricultural Land. The objective seeks to protect productive farmland which is of strategic significance in the local or regional context. It includes various strategies including that the State’s agricultural base is protected Page 5 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 from the unplanned loss of productive agricultural land due to permanent changes in land use. Permanent removal of productive agricultural land from the State’s agricultural base must not be undertaken without consideration of its economic importance to the agricultural production and processing sectors.  Clause 16.01‐1: Integrated Housing. The policy includes the strategy to increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under‐utilised urban land. 4.1.2 Local Planning Policy Framework (i)
Municipal Strategic Statement The MSS identifies that Bacchus Marsh has the most comprehensive community infrastructure in the Shire but there are shortfalls in infrastructure and service provision that require a larger population base for cost effective responses. Bacchus Marsh is the focus of economic and residential growth, with Ballan and potentially Gordon providing complementary roles. With respect to agricultural productivity the MSS identifies there are planning challenges in accommodating and servicing residential growth and demand for lifestyle housing while protecting agricultural productivity (Clause 21.01). Agriculture is the major sector in Moorabool’s economy. Intensive horticulture on irrigated land around Bacchus Marsh is identified as one area of agricultural production. There is an ongoing need to manage existing and potential conflict between residential, rural residential and agricultural and horticultural production. Clause 21.03: Settlement and Housing includes strategies to ensure the supply of land zoned for various purposes including residential purposes is sufficient to accommodate accelerated rates of growth. The MSS seeks to direct population and employment growth to Bacchus Marsh with supporting growth in Ballan. It also seeks to avoid urban development where it is likely to impact on highly productive agricultural land, environmental values and the long‐
term sustainability of natural resources. Clause 21.03‐2 seeks to ensure 10‐15 years of appropriately zoned land is always available in Bacchus Marsh and Ballan to provide for a range of housing options. Clause 21.04 deals with Economic Development and Employment. The objective for Agriculture is to protect good‐quality agricultural land and support the productivity and sustainability of existing and future agricultural and horticultural activities. Clause 21.07 specifically deals with Bacchus Marsh. It identifies that whilst Bacchus Marsh has been designated as the major urban growth centre in the Shire, its expansion is constrained by topography and mineral and agricultural/horticultural resources. The highly productive irrigated horticultural land provides a source of employment and fresh food that needs to be protected from the urban expansion of Bacchus Marsh. The MSS includes a strategy for accommodating township growth by protecting the Bacchus Marsh irrigated horticultural land from residential encroachment and to ensure appropriate interface treatments in development abutting these areas. Page 6 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 On the Bacchus Marsh Framework Plan the subject site is identified as “Potential/Residential (long‐term)” with the south‐eastern part of the site identified as “Horticultural Land”. (ii)
Local Planning Policy There are no local planning policies of relevance to the Amendment. (iii)
Other planning strategies The Central Highlands Regional Growth Plan was recently included as part of the SPPF along with other regional growth plans prepared for the whole of Victoria. The Central Highlands Regional Growth Plan provides a long‐term view of the region to 2041 and beyond providing high level strategic land use direction. The regional growth plan identifies that the majority of population growth planned for the Central Highlands region over the next 30 years is likely to occur in the Ballarat West Growth Area and Bacchus Marsh. The regional growth plan identifies that whilst Bacchus Marsh is intended to accommodate growth there is also an opportunity to further develop horticulture in the Bacchus Marsh Irrigation District. 4.2
Planning scheme provisions (i)
Zones With the exception of the northern part of the site which is already in the Residential 1 Zone, the remainder of the site is in the Farming Zone. The minimum subdivision size east of the Korkuperrimul Creek is 15 ha and elsewhere is 100 ha. Given that conventional residential development is proposed, a planning scheme amendment is therefore required. (ii)
Overlays Land both sides of the Werribee River and Korkuperrimul Creek for a distance of approximately 100 m is located in an Environmental Significance Overlay (ESO2: Waterway Protection), which is directed towards protection of proclaimed water catchments. This overlay is unaffected by the Amendment. All of the land proposed to be rezoned is affected by a Design and Development Overlay (DDO2: Visual Amenity and Building Design) which is directed towards avoidance of non‐
reflective external building materials in non‐urban areas. This overlay is proposed to be removed over the subject site by the Amendment. Land both sides of the Western Freeway for a distance of approximately 150 m from the freeway is included in a Design and Development Overlay (DDO3: National Route 8 [Western Freeway/Highway] Environs). This built form control applies only to non‐urban areas and is directed towards ensuring an appropriate level of visual amenity in the environs of the freeway and to minimise the adverse effects of noise on sensitive uses from traffic using the freeway. This overlay is also proposed to be deleted by the Amendment. Page 7 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 5
Traffic and transport 5.1
Key Issues At present road access is only available to the site via Mortons Road, Rosehill Drive and Randwick Avenue. A potential major vehicular access to the site could be provided from Halletts Way Extension to the east of the site. At this stage the alignment of Halletts Way Extension is unresolved. Submissions made to Council relating to traffic issues included:  Adverse impact upon the local road network  Traffic safety  Traffic conditions within Bacchus Marsh already congested  Emergency vehicle access  Public transport  Halletts Way Extension and possible connection to Western Freeway  Traffic data inadequate and insufficient information regarding the future road network. 5.2
Evidence and submissions A number of submitters from the existing Sunnybank Estate and Underbank Boulevard were concerned about the significant increase in daily traffic volumes generated from the proposed development of the subject site onto their streets. Messrs Clarke and Moran submitted photographs showing the limited sight distance on Rosehill Drive and Underbank Boulevard near where a new intersection is proposed. Sight distance was also raised as a safety concern at the Bacchus Marsh Road/Ascot Avenue intersection. Several resident submitters and the DTPLI referred to the existing congested traffic conditions within Bacchus Marsh and expressed concern regarding the impact of a further 1,400 dwellings. DTPLI highlighted the lack of north‐south road connections within or adjacent to Bacchus Marsh. The only north‐south route intersects with the only east‐west route in the town centre. Some relief “will be provided by the planned extension to Hallets (sic) Way and construction of east facing ramps from this road to the Western Freeway”. DTPLI also mentioned the bicycle network and public transport, with 23 train services per day stopping in Bacchus Marsh. However, bus services are circuitous with one hour frequencies outside peak periods during the day and non‐existent in the evening. There are a number of gaps in the bicycle network and limited north‐south connectivity. DTPLI were critical of the residential traffic generation rate suggested by Traffix Group and preferred the rate used by GTA. VicRoads, PTV and DTPLI made a joint submission to the Panel. VicRoads do not consider that the mitigation measures proposed at the Grant Street/Main Street intersection will address the additional traffic volume created by the development. Furthermore, commercial vehicles “have not been allowed for within the analysis”. DTPLI indicated that the GTA report, submitted in support of the Amendment, indicated that increased delays would occur on the road network within Bacchus Marsh as a result of the Page 8 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 development. To ensure these delays are mitigated this issue should be addressed in an “Integrated Transport Plan”, prepared for the development. The DTPLI submission made a number of recommendations regarding changes to the Amendment. Mr John Kiriakidis of GTA Consultants provided traffic engineering evidence on behalf of the proponent. GTA were commissioned in December 2010 to undertake a transport impact assessment of the proposed development and prior to that were retained to undertake a similar analysis for the Stonehill residential development to the south of the site. Mr Kiriakidis in his expert witness statement included a letter to Council dated June 2012, the May 2013 GTA Transport Impact Assessment report, a response to the DTPLI submission, peak hour 2010 and 2014 traffic volumes and functional layout plans prepared by others. The GTA report described the adjacent road network, including pavement road reservation widths and approximate daily traffic volumes. Some of these road pavement widths were disputed by Mr Jeffery of Council. Section 173 Agreements have been entered into with Council by Kataland and the landowners of the Stonehill development. The Kataland works are based upon a June 2012 document prepared by GTA entitled “5 Randwick Avenue, Bacchus Marsh Residential Development – External Road Network Upgrade Works Discussion Paper”. The Section 173 Agreement for the subject site includes a schedule of infrastructure works including road network upgrades as follows:  Bacchus Marsh Road/Halletts Way roundabout  Grant Street/Meikle Street intersection  Werribee Vale Road/Franklin Street/Meikle Street intersection  Werribee Vale Road carriageway widening  Halletts Way road and bridge construction and land acquisition  Grant Street/Main Street/Gisborne Road signalised intersection  Ascot Avenue/Rosehill Drive upgrades. The June 2012 GTA Discussion Paper indicated that “Council is concerned with potential safety issues associated with an increase of traffic on the existing Ascot Avenue/Rosehill Avenue (sic) T – intersection.” In addition GTA state “it is also understood that the proposed road link to Underbank Blvd may not be viable economically and its provision at this stage remains uncertain”. The impact of deleting the connection to Underbank Boulevard could result in daily traffic volumes on Ascot Avenue of 6,700 vehicles. It is therefore “proposed to upgrade the Rosehill Drive/Ascot Ave intersection to a west to north priority control rather than a west to east arrangement.” In terms of timing, “it is proposed that these works are undertaken prior to the completion of Stage 2 of the development”, that is, a yield of approximately double that of the land currently zoned residential. Mr Kiriakidis in his evidence statement addressed the issues raised by DTPLI in their submission to the Amendment, particularly the use of 2010 traffic volumes and the Halletts Way/Western Freeway interchange. Traffic surveys were commissioned by GTA in May 2014 in order to compare these values with the 2010 data used in the May 2013 GTA Transport Impact Assessment. Comparison of the data led GTA to conclude “there is no requirement to revisit the conclusions contained in Page 9 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 the GTA report (date 03 May 2013) as the…analyses…was found to be sufficiently robust for development analysis”. In March 2014 the State Government announced the Bacchus Marsh Traffic Improvements Package. This package includes the construction of east facing ramps on Halletts Way at the Western Freeway. Mr Kiriakidis’ report states that “works on the improvement package are expected to start in late 2014 with completion planned for mid 2017”. Neither the Minister’s letter to Council nor the media release dated 7 March 2014 mentions construction dates. Mr Kiriakidis stated that as the Western Freeway/Halletts Way interchange ramps are unlikely to be available during the “first handful of residential land use stage/s” alternative access routes such as Mortons Road will be used. GTA estimate that daily traffic volumes on Mortons Road will increase by 700 vehicles with the fully developed subdivision. No estimate is provided of the increase in traffic volume on Mortons Road during the earlier stages of development. The Section 173 Agreements entered into by Kataland and the developers of the Stonehill estate both provide contributions for construction of Halletts Way Extension. Mr Kiriakidis suggested that Council can prioritise construction of this road and a reasonable planning assumption is that the link will be available in the ultimate 10 year development scenario. Following the Panel Hearing Council emailed the Panel an extract from the Shire’s 2014/15 budget, which showed an allocation of $1.75 million funding staged over multiple years for construction of the southern section of Halletts Way. DTPLI were critical of GTA regarding a lack of consideration of traffic generated from non‐
residential land uses within the proposed development. Mr Kiriakidis responded by stating that the proposed Neighbourhood Activity Centre (NAC) was unlikely to generate any significant level of external traffic. Furthermore, he compared residential traffic generation rates used in their May 2013 report with May 2014 survey data from a partially constructed stage of the Stonehill development and concluded that their earlier rate was conservatively high. Mr Kiriakidis also addressed intersection assessments, traffic distribution and allowance for ambient traffic growth, all matters raised by DTPLI. In response to the issue of public transport delay raised by DTPLI, Mr Kiriakidis prepared a table showing extracts from a SIDRA analysis indicating current am and pm average delays, 10 year post development am and pm average delays and 10 year values with mitigation works at the intersections. The 10 year data considers the cumulative impact of the Stonehill, Kataland and Closter developments, which represents 15,600 additional vehicle movements per day. Mr Kiriakidis concluded that “the only intersection where 10 year post development mitigated average vehicle delays are considered to be notable is at the Bacchus Marsh Road/Gisborne Road/Grant Street intersection”. At this location the existing roundabout is proposed to be converted to a signalised intersection. Existing peak hour heavy vehicle volumes on the arterial routes in Bacchus Marsh represent 3% of total traffic volumes and on this basis Mr Kiriakidis considers “that no specific consideration of freight is warranted or required on this occasion”. Page 10 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Mr Kiriakidis addressed issues raised by residents regarding traffic safety and the increase in traffic activity on the local street network. Based upon full development of the land he concludes that, subject to the proposed road works, the local streets will accommodate “the post development traffic volumes anticipated”. No information was provided on forecast traffic volumes during the earlier stages of the development. Only one serious casualty accident was recorded at the Bacchus Marsh Road/Ascot Avenue intersection in the July 2008 to June 2013 period. This accident involved a motorcyclist and no other vehicles, pedestrians or objects. Mr Kiriakidis therefore concluded that “the additional traffic generated by the proposed development is not expected to adversely impact the safety or operation of this intersection”. Kataland also retained the services of Traffix Group to undertake traffic engineering assessments and to prepare a report for the proposed rezoning of the land and undertake a peer review of the work undertaken by GTA. In early 2011 Traffix Group was retained by Moorabool Shire Council to investigate the impact of the West Maddingley Residential Growth Area on the operation of the road network within the Bacchus Marsh township. The brief also included identifying any mitigating works that may be required to cater for the additional traffic. This assessment also included an assumed 1,200 lot subdivision of the subject land. A daily traffic generation rate of 10 vehicle movements per dwelling was adopted by Traffix Group in their 2011 report. This rate appears to have been based upon data collected by the Shire between 2007 and 2010, although it was acknowledged that this rate “is towards the higher end of typical traffic generation rates’. All trips generated by the new residential areas were assigned to the external road network i.e., none were assumed to be internal trips. Traffix Group concluded that “without the construction of any additional road links, it would be expected that works would be required at a number of existing sites within Bacchus Marsh township”. The report then considered three alternative road networks containing “additional road linkages to draw traffic away from the projected congestion areas within Bacchus Marsh town centre”. All of these options involved modifications to Halletts Way. The preferred option involved extending Halletts Way to Griffith Street, with an intersection at Werribee Vale Road and easterly oriented freeway ramps at the Western Freeway. Other road improvements were also recommended in order to accommodate the additional traffic generated by the future residential developments. Mr Turnbull’s evidence statement presented to the Panel derived a residential traffic generation rate based upon tube counts undertaken by GTA and a March 2010 Google Earth image of the Underbank Boulevard/Ascot Avenue residential area. Mr Turnbull also quoted results from a 2007 Victorian Integrated Survey of Travel and Activity (VISTA) and a 2002 NSW survey to derive a daily traffic generation rate per household and an “external” rate per household. Mr Turnbull’s conclusion was that the GTA traffic generation rate was “highly conservative”. Page 11 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Mr Turnbull referred to DTPLI’s comments regarding inbound and outbound traffic movements and traffic directional distribution used by GTA. In this regard he agreed with the GTA assessment. Based upon the traffic generation rates derived by Mr Turnbull, he concluded that “the mitigating intersection works proposed to be delivered as part of the development of the subject land will be more than adequate to maintain appropriate operating conditions on the surrounding (external) road network”. As indicated, a Section 173 Agreement has been signed by Council and Kataland to provide contributions to a range of projects including road and intersection upgrades external to the subject land. Mr Turnbull summarised the relevant road works and commented upon the need and nexus for each project, viz:  Bacchus Marsh Road/Halletts Way intersection  Grant Street/Meikle Road intersection  Werribee Vale Road/Franklin Street/Meikle Road intersection  Werribee Vale Road carriageway widening  Halletts Way  Grant Street/Main Street/Gisborne Road intersection  Ascot Avenue/Rosehill Drive upgrades  Pedestrian links to north. In most instances Mr Turnbull agreed with the arrangements made with Council. However, he believes that no more than 50% of the cost of Halletts Way from Bacchus Marsh Road to Griffith Street and the pedestrian links to the north should be apportioned to the proposal. At the Grant Street/Main Street/Gisborne Road intersection “it would be appropriate for the subject site to make a properly apportioned contribution to the upgrade of the intersection, based upon the proportional contribution of traffic from the site in comparison with the total traffic volume”. Mr Turnbull raised questions about the “trigger” relating to the construction of Halletts Way Extension, the number of dwellings in the proposal and traffic volumes on Ascot Avenue. Particularly as the land occupied by Halletts Way Extension is “not owned by or under the control of the subject site and the works on Werribee Vale Road and Miekle Road would not be required until the Halletts Way connection to Werribee Vale Road is in place”. Furthermore, Mr Turnbull opined “that the Section 173 Agreement may be premature based on information included within the DTPLI submission which suggests that VicRoads may not have been a party to the agreed works despite some occurring on VicRoads arterial roads”. Mr Phil Jeffery, Infrastructure Manager for the Shire of Moorabool addressed the Panel on behalf of Council in relation to traffic issues. Mr Jeffery indicated that “Bacchus Marsh is currently experiencing traffic congestion and is a common complaint amongst residents of the town who see that further residential development will only exacerbate the current issues”. Mr Jeffrey indicated that a transport study for the town is being prepared. This study will investigate mitigation measures at various levels over the next 30 years. However, the study has not progressed sufficiently to provide input into the Underbank process. Mr Page 12 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Jeffrey referred to the Traffix Group and GTA traffic reports undertaken in recent years for Council and residential developers. Five main intersections affected by the proposed developments were analysed to determine the upgrades that may be required. These upgrades were subsequently included in Section 173 Agreements. Council officers insisted that traffic signals be installed at the Grant Street intersections with Griffith Street and Labilliere Street rather than roundabouts suggested by the traffic consultants. However, according to Mr Jeffrey further work will need to be done including involvement of VicRoads to finalise the layouts. Council still has concerns regarding the intersection analysis and their ultimate performance post development. One particular concern is the ability to fit signals at the Main/Grant Street intersection to accommodate large vehicle turning movements. The fact that there are only three access points to serve the subject site is of concern to Council. According to Mr Jeffrey on behalf of Council, connection to the west via Mortons Road, “is not an intuitive route when most movements are likely to head east”. The route to the north via Randwick Avenue, Rosehill Drive and Ascot Avenue “is relatively convoluted”. The connection to the east via Halletts Way Extension is “to a road that is not constructed yet”. The issue of sight distance on Rosehill Drive, as raised by residents, is also of concern to Council. Mr Jeffrey indicated that “the Halletts Way route…is considered a critical piece of infrastructure to accommodate for the growth of Bacchus Marsh”. When questioned by the Panel regarding the 14% grade shown on Traffix Design Preliminary Longitudinal Plan G1221OC‐01 for Halletts Way Extension, Mr Jeffrey indicated that this was not acceptable. He provided the Panel with a document which shows an AECOM alignment option A302 for Halletts Way Extension. This alignment connects into the collector road serving the Stonehill Estate which intersects Bacchus Marsh‐Balliang Road on a modified alignment. Council acknowledged that “the southern section, its design and construction is the most challenging with steep grades, 30 metre high escarpments, Werribee River crossing, irrigation channel crossing, private land and associated ecological and cultural heritage considerations to overcome”. Mr Jeffrey concluded that there were two types of road projects, these being the local street network that is in close proximity to the site and the broader road/street network that forms the overall Bacchus Marsh urban area. Both categories of road project are included in the Section 173 Agreements with contributions directed towards the road improvements. Mr Jeffrey tabled construction stages and cost estimates for the “Western Route Project – West Maddingley to Darley”. This document indicated that the extension of Halletts Way south to the Bacchus Marsh‐Balliang Road was estimated to cost $13.75 million and that the freeway ramps would cost $10.5 million. The $13.75 million was shown as being spent in three stages. Although the limits of each stage were unclear, Stage 1 was shown as the section north of Bacchus Marsh‐Balliang Road, while Stage 3 includes the link from the north to where a connection could be provided into the subject site. Page 13 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 5.3
Discussion Vehicular access to the subject site is clearly constrained due to the topography and existing road network. Furthermore, poor planning decisions taken many decades ago have resulted in Bacchus Marsh township having limited/negligible north‐south and east‐west traffic connectivity. Although the subject site is located on the western edge of the township, traffic movements to and from the subject site once developed will need to use the existing congested road network. Whilst Mr Turnbull asserts that the GTA traffic generation rates are conservatively high this assessment is based upon a limited survey with no regard to the life cycle stages of the residents surveyed. The traffic generation rates suggested in Mr Turnbull’s evidence statement contradicts the rates used in their 2011 report for Council. The Panel therefore agrees with DTPLI in relation to traffic generation rates and would therefore prefer to err on the high side and adopt the GTA rate rather than that suggested by Mr Turnbull. Clearly, the addition of up to 15,000 additional vehicle movements per day will have an adverse impact upon the existing Bacchus Marsh road network. Due to the topography, Stage 1 of the development, that is, the existing residentially zoned land within the subject site may only be accessed via Randwick Avenue and Rosehill Drive. This will require vehicles to pass through the Rosehill Drive/Ascot Avenue intersection and Ascot Avenue/Bacchus Marsh Road intersection. Both of these intersections have sight distance constraints. Although the June 2012 letter from GTA to Council recommends changing priority at the Ascot Avenue/Rosehill Drive intersection, Item 15 in the Section 173 Agreement does not specifically mention this work. As development continues in a south‐westerly direction across Korkuperrimul Creek, vehicular access to the site will be available from the west via Mortons Road. Access to the north will continue via Randwick Avenue and Rosehill Drive. Neither of the expert traffic engineering reports presented to the Panel specifically considered the impact of additional traffic on the Ascot Avenue intersection with Rosehill Drive and Bacchus Marsh Road prior to the construction of Halletts Way Extension. GTA indicated that Ascot Avenue could carry up to an additional 6,700 vpd post development. The Panel believes that this volume could be achieved when 800 dwellings are occupied, subject to the percentage of vehicles using Mortons Road to access the subdivision. Mr Turnbull indicated that indented parking bays were not necessary on Ascot Avenue as required under Item 15 of the Section 173 Agreement. He suggested that “parking can be accommodated within the existing carriageway (ie Rosehill Drive and Ascot Avenue) without adverse impacts upon through traffic”. Sight distance concerns were not mentioned. Mr Jeffrey indicated that there was “some community concern…regarding additional traffic along this road” (Werribee Vale Road). However, “officers regard this road as being suited for additional traffic”. Council also indicated that no objecting submissions had been received from the Meikle Road/Franklin Street area. The Panel finds that this is not surprising as the Meikle Page 14 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Road/Franklin Street intersection is approximately 1.5 km from the eastern most section of the subject site. However, road works are proposed in this area which will significantly change the function of Meikle Road. The Panel accepts that the future development of the land may be staged, commencing with the existing residentially zoned land. However, the limited sight distance at the Ascot Avenue/Rosehill Drive intersection requires immediate investigation to determine the most appropriate method of improving safety at that intersection. The Bacchus Marsh Road/Ascot Avenue intersection, which in the opinion of the Panel also has sight distance issues, requires a road safety audit. Clearly, Halletts Way Extension is a prerequisite infrastructure requirement for the proposed development. In the opinion of the Panel the 800 lot “trigger” for construction of or connection into Halletts Way is too high a figure. Staging of construction of Halletts Way and funding is also of concern. The Stonehill subdivision requires construction to commence from the south whilst the subject site needs construction to commence from the north. It also appears that the southern extension of Halletts Way is incorporated into the Stonehill subdivision, whereas the northern section of Halletts Way Extension does not abut the subject site. It therefore follows that the southern section serves a local access as well as a collector road function. If the Stonehill developer is contributing a similar financial value to Halletts Way as Kataland there will be a considerable shortfall in funding. It would therefore be desirable to commence work on Halletts Way on two fronts, that is, from the north and south simultaneously, leaving the bridge over Werribee River as the final stage. Intersection improvement plans prepared on behalf of the Shire and presented to the Panel with the traffic engineering reports do not appear to satisfy VicRoads current standards for signalized intersections. At some locations median islands/pedestrian refuges appear to be able to be accommodated within the existing road reservation. However, at the Grant Street/Main Street/Gisborne Street intersection property acquisition would be required to achieve VicRoads standards. 5.4
Summary and conclusions Bacchus Marsh has excellent road connections with Melbourne and Ballarat and to a lesser extent to towns to the north and south. However, the road network serving the township and adjacent residential area is limited. Gisborne Road/Grant Street and Bacchus Marsh Road, the only north‐south and east‐west arterial roads serving the township meet at a congested roundabout controlled intersection. Halletts Way, which runs parallel to and approximately 1,300 metres west of Gisborne Road is proposed to be extended south, across the Werribee River, to Bacchus Marsh‐ Balliang Road. A major transport study for Bacchus Marsh has recently been commissioned. An objective of this study is to recommend infrastructure improvements to facilitate growth of the Bacchus Marsh area from 16,000 to 30,000 people. Page 15 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 The subject site is suitable for residential development. However, the extent of residential development able to be served by the existing local street network is, in the opinion of the Panel, not able to be determined at this time. On the evidence provided to the Panel and its site inspections the Panel concludes that there is a traffic safety problem at the Rosehill Drive/Ascot Avenue intersection. This problem will be significantly exacerbated if Ascot Avenue daily traffic volumes increase by up to 6,700 vpd. The Section 173 Agreement executed by Kataland and Council contains a trigger in relation to a road connection between Halletts Way Extension and the subject site. The trigger is activated with the occupation of 800 dwellings, when traffic volumes are estimated to reach 5,000 vehicles per day on Ascot Avenue. The Panel concludes that the trigger point number of dwellings specified is too high and should be revised down following more detailed investigations. The Panel does not consider that an Integrated Transport Plan is required to be undertaken. However, a revised Traffic Impact Assessment will need to be undertaken. The Panel does not agree that the Franklin Street/Meikle Road intersection realignment is warranted as a result of development of the subject site. Furthermore, the Panel does not agree that Meikle Road should be re‐aligned to intersect with Grant Street immediately south of the Werribee River bridge. 5.5
Recommendations The Panel recommends: 1.
Council should undertake a review of sight distance constraints at the Rosehill Drive/Ascot Avenue intersection and if necessary commission a Road Safety Audit at the intersection. 2.
A further Traffic Impact Assessment be undertaken to incorporate the abovementioned findings and determine the most appropriate Rosehill Drive/Ascot Avenue intersection configuration. The revised Traffic Impact Assessment should also include a recommendation regarding the number of lots that can be approved without the Halletts Way connection. 3.
Construction works on Meikle Road as proposed in the Section 173 Agreement should be deleted. Page 16 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 6
Loss of agricultural land 6.1
Key issues The south‐eastern portion of the subject site is located within the Bacchus Marsh Irrigation District and comprises an area of approximately 18 ha adjacent to and east of Korkuperrimul Creek. Southern Rural Water is concerned about the loss of agricultural land in the Bacchus Marsh Irrigation District to urban development. 6.2
Evidence and submissions Mr Glossop on behalf of Southern Rural Water summarised Southern Rural Water’s concern that the proposed rezoning of Farming Zone land in the Bacchus Marsh Irrigation District will have an impact on the future viability and expansion of the district as a whole and is inconsistent with planning policy which seeks to protect productive agricultural land from urban encroachment and change of use. Southern Rural Water’s preference is for this portion of the land to be maintained within the Farming Zone, where agricultural activities are encouraged. Southern Rural Water is the manager of rural water for the southern half of Victoria. Its responsibilities include the delivery of water to irrigators, the harvesting of bulk water from rural and urban uses and monitoring of extractions from surface and groundwater systems. Southern Rural Water manages the Bacchus Marsh Irrigation District. The Bacchus Marsh Irrigation District surrounds the outskirts of the Bacchus Marsh township to the north, east and south. It comprises an irrigation area of approximately 1,350 ha with 40 active farm businesses within the district. The irrigation district contributed approximately $147 million to the Moorabool Shire and Victorian economies in 2009. In the same year businesses directly or indirectly reliant on the irrigation district employed 598 people on a regular basis, with 373 people employed on a full‐time basis. Mr Glossop referred to the SPPF policy for Agriculture which seeks to protect productive farmland which is of strategic significance in a local or regional context. He referred to the regional growth plan, now referenced in the SPPF, including Clause 11.06‐8 which seeks to protect key agricultural assets from incompatible land uses. He specifically referred to page 22 of the regional growth plan which states that planning schemes should provide long‐term certainty regarding the availability of land for agriculture and the primacy of agricultural activities in rural areas over potentially conflicting land uses. The Bacchus Marsh Irrigation District is specifically identified as one area in the region containing highly productive soils. These policies have filtered down into the Moorabool Planning Scheme MSS which seeks to protect irrigated horticultural land around Bacchus Marsh from residential encroachment. Mr Glossop referred the Panel to the Panel report for Amendment C34 to the Moorabool Planning Scheme. Whilst that panel recommended the subject site be included as potential residential land it excluded the irrigated land: Page 17 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 A site inspection indicated that the site forms part of a consolidated area of irrigated river flats and its separation from residential development does not indicate an interface constraint. The Panel does not accept that this river flat land is isolated from other horticultural land. The land directly abuts other horticultural land to the east and there are several other properties that extend along the river to the west forming a farming precinct. The area is well protected from residential conflict due to topographical change between residential areas above the escarpments and farming on the river flats. Nor is the Panel convinced that the size of the horticultural land precludes intensive farming as there may be opportunities to farm in conjunction with other farms in this area if larger scale operation is deemed necessary. The Panel agrees with Council that the potentially highly productive agricultural land should not be lost and the irrigated river flats should be excluded from the area for investigation. This maintains a consistent strategic rationale to protect areas of high potential agricultural productivity from residential development and encroachment (page 81). Mr Glossop relied on the evidence of Mr Smith. Mr Smith is the Manager Water Supply West at Southern Rural Water. Mr Smith is responsible for management of the Bacchus Marsh Irrigation District. Mr Smith concluded that portion of the subject site within the irrigation district should not be rezoned for the following reasons:  The land is on alluvial flats with good soil quality well‐suited to horticultural production.  The close proximity to the river enables a supply of irrigation water without having to invest in restoring decommissioned channel infrastructure.  The land suitable for irrigation is of sufficient size to enable the expansion of existing farming businesses in the district thereby increasing production and improving their long term viability and also the long‐term viability of the irrigation district.  Existing farming businesses have expanded their operations in recent times and have expressed interest in further expansion. They have shown their capability and willingness to make considerable investment in developing a property for irrigation agriculture.  There is limited potential for further expansion of production other than a small number of properties along Werribee Vale Road. Mr Smith further concluded that Southern Rural Water is looking to make significant capital investment in the district by renewing assets to reduce water loss, improve service to customers, and improve water security against future drought. To make this level of investment Southern Rural Water needs to be confident about the viability of the irrigation district. In his view the loss of productive land to urban development threatens this viability. Mr Bartley on behalf the proponent relied on the evidence of Mr Phillips. In addition, Mr Bartley stated that it is apparent from inspection of the area that there are suitable river flats which are able to be used for irrigation from the existing channel, and are currently not being used for intensive farming. These provide a much more efficient option if local horticulturalists wish to expand. Page 18 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Mr Bartley also indicated that in terms of the express policy provisions, for example, Clause 21.07‐3, which refers to the protection of Bacchus Marsh’s irrigated horticultural land from residential encroachment, the subject land is not irrigated and therefore cannot be said to be highly productive agricultural land despite the underlying soil quality making it suitable for horticulture. It does not have irrigation infrastructure, is covered in weeds, not laser levelled, and has significant access constraints. Mr Phillips was called by Kataland to give evidence. He is an expert in farm management and agricultural production. He identified that the current water right for the subject site has been sold, the implication being that the subject site no longer has a water entitlement and that water entitlement can be provided to other highly productive agricultural land elsewhere in the district. In addition, there is no adverse impact to Southern Rural Water in terms of the income it receives for the financing of capital improvements to irrigation infrastructure within the irrigation district. Mr Phillips agreed that the alluvial plain soils contained within the subject site are potentially suited to intensive agriculture by virtue of their topography, soil characteristics and the availability of a water right for irrigation. However there are a number of significant constraints to achieving this such as the high cost to renovate the site including clearing debris, laser levelling the site, installing spray irrigation systems, building a storage dam and removing and replacing topsoil. Mr Phillips commented about the impacts to agriculture as a result of the conversion of the land to urban use. The direct impact on current farm performance would be low. The land has not been subject to irrigation for at least 20 years has been run as dryland pasture. Mr Phillips indicated that the productivity of the land is extremely poor for various reasons. Further, Mr Phillips indicated that the land would need to be used for horticultural activity for it to make any meaningful economic contribution to agriculture. This would require a substantial capital investment to enable the conversion from dryland to irrigated farming. The area of the land available is marginal for a stand‐alone enterprise according to Mr Phillips. Horticultural holdings in the district are growing in size either through consolidation or by leasing additional land. The most viable horticultural enterprises are greater than 20ha. Finally, Mr Phillips indicated that the loss of this land to the irrigation district is unlikely to be significant. It has historically never made any contribution to horticultural activity, it is relatively isolated from the main growing area and its water supply when available is readily transferable. Mr Phillips concluded that even with the conversion of the subject site to urban purposes there are still considerable opportunities for the district to restructure to the more intensive market garden‐based enterprises. The loss of land that the proposal imposes is small and unlikely to affect the viability of the district. It will be costly to redevelop the land into a horticultural enterprise and those growers wishing to expand are more likely to consider existing horticultural enterprises are a better investment opportunity for farm expansion. Mr Bartley tabled a letter from Kataland indicating in effect that there had been no interest in leasing or purchasing the property for agricultural purposes. Page 19 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 In his closing submission, Mr Bartley provided the Panel with a summarised net community benefit assessment of using the subject land within the Bacchus Marsh Irrigation District for irrigated horticulture compared with residential development. Mr Bartley concluded that the potential benefits of retaining the land in agricultural use would be:  1‐2 equivalent full‐time jobs plus a small amount of part‐time casual labour at planting and harvest times.  Production of food and general contribution to the regional economy.  Contributions to Southern Rural Water (through water entitlements). The issues relating to using the land for agriculture were identified by Mr Bartley as:  The land is not currently used for irrigated horticulture and there is no known buyer.  The land does not currently form part of the Southern Rural Water income base in the district.  There is no guarantee that the land will be used for irrigated horticulture in the future if it remains in the Farming Zone.  There is no certainty as to continuous production.  Proposed Southern Rural Water upgrades of the irrigation system will lead to increased production costs.  Loss of the Halletts Way connection through this land, with consequential traffic implications and the possible loss of funding for the southern end of Halletts Way.  Loss of opportunity for urban development within an expanded township boundary. Mr Bartley considered that the potential benefits of zoning the land for residential development were:  Provision of housing for 200‐250 families.  Creation of a large number of construction jobs.  Creation of some 20‐30 permanent jobs based on 200‐250 households (for example, retail workers, teachers, community services, local service industry).  Allows containment within Bacchus Marsh, deferring or avoiding the need to rezone equivalent land elsewhere.  Funding and integration of the road layout, including provision of improved road connectivity and access to Bacchus Marsh Station.  Provides for the implementation of a master planned community based on 1,400‐
1,500 households. The disadvantages identified by Mr Bartley associated with using this land for residential purposes were:  Loss of opportunity for food production, although there is no guarantee this will occur.  Potential loss of 1‐2 equivalent full‐time jobs and part‐time casual jobs.  Loss of potential 1.3% of irrigation land. In his closing submission, Mr Schmidt indicated that Council was supportive of the conversion of this land to residential use despite being highly productive agricultural land identified in the MSS because: Page 20 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014  Residential growth in Bacchus Marsh is constrained to the north by State significant extractive industries and environmental concerns, to the east by landscape, proximity to the metropolitan area (the MSS advocates a non‐urban break be maintained) and environmental concerns, and to the south by treatment plants and important extractive industries. Therefore, the only logical area for growth to occur is to the west of the township where the subject site is located.  Council accepts the evidence of Mr Phillips that the loss will have minimal impact on the viability of the irrigation district mainly through its small size, isolation and difficulty of access from other agricultural sites and costs of rehabilitation.  The rezoning will not set a precedent as no further irrigated land is included in local policies for further residential investigation. 6.3
Discussion The Panel agrees with Mr Glossop’s submission that there is strong policy support for retention of that part of the subject site identified as being in the Bacchus Marsh Irrigation District. In particular, this part of the site is identified on the Bacchus Marsh Framework Plan as being “horticultural land” rather than “potential residential (long‐term)” which is the designation given to the balance of the site. The Panel also notes that this matter was the subject of consideration by an earlier panel (Amendment C34) which recommended that part of the site within the irrigation district should not be developed for urban purposes. However, the Panel also recognises that there is strong policy support for encouraging residential development on suitable land within Bacchus Marsh, and that there are various constraints to development in other areas on the periphery of Bacchus Marsh. The Panel observes that the subject land has never been used for horticulture or intensive agriculture and is not currently irrigated. The Panel further observes that if the land was retained in the Farming Zone then it would be a relatively isolated area of farmland of 18 ha located between residential zones to its north and south (of the Werribee River). The Panel accepts Mr Philips’ evidence that there would be significant costs associated with bringing the land into intensive agricultural production, and Mr Bartley’s submission that if the land remained in the Farming Zone there is no assurance that it would be used for intensive agricultural purposes. There are three compelling pieces of information that leads this Panel to the conclusion that it is appropriate for the 18 ha of high quality agricultural land to be rezoned for residential purposes. Firstly, Mr Schmidt observed that the rezoning will not set a precedent as no further irrigated land is included within areas for further residential investigation. Secondly, the 18 ha forms a very small proportion of the total area of irrigated farmland within the irrigation district. Thirdly, and as pointed out by Mr Bartley, there are vast areas of land within the southern section of the irrigation district which are currently not used for horticulture or intensive farming. On balance, the Panel is satisfied that if the land was used for residential purposes that ample opportunities still exist elsewhere for horticultural enterprises to be established or existing horticultural enterprises to expand their operations at more distant locations from the township boundary. Page 21 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 On this basis, the Panel considers that the potential net community benefit of residential development of the subject site which will almost certainly occur if the land is rezoned outweighs permanent withdrawal of this land from agricultural production, an outcome which still might occur if the land remains in the Farming Zone. On the basis of the evidence of Mr Phillips there is a good chance that the land would not be so used. 6.4
Summary and conclusions The Panel supports the Amendment in so far as it proposes the rezoning of highly productive agricultural land for residential purposes. Page 22 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 7
Other issues 7.1
The issues Two other less complex issues were raised in submissions. These were:  Fire risk  Heritage 7.2
Fire risk (i)
Evidence and submissions Mr and Mrs Grech own a softwood plantation with 9,000 trees which borders the entire western boundary of the subject site. Their land and the subject site are classed as bushfire prone areas on the DTPLI website. They question how a residential development can be developed next door to a firewood plantation. The Country Fire Authority (CFA) in its written submission and in Mr Boatman’s presentation to the Panel re‐iterated that the subject site has a low fire risk, but the risk that exists still requires some management (such as in the form of access requirements at the subdivision design stage). The CFA seeks a minor wording change to the DPO Schedule. (ii)
Discussion and conclusions The Panel accepts the CFA’s advice that the redevelopment of the site constitutes a low fire risk. 7.3
Heritage (i)
Evidence and submissions Mr Moran considers that the subject site has heritage value. A large eucalypt tree still exists on the property that Phar Lap stood under when his portrait was painted for the National Gallery. The paddock within which Phar Lap was spelled still exists, as does the stable in which Tommy Woodcock slept whilst tending to Phar Lap. In the late 1930’s the then owner, Sol Green, purchased much of the steel cable that was used to operate Melbourne’s cable car system to build fences for horse paddocks. Some of the cable is still in use. Mr Schmidt advised the Panel that the 1995 Bacchus Marsh Heritage Study recommended that the site met the threshold of local significance. In 2010 this recommendation was reviewed by Ivar Nelson who did not believe the site met the threshold for significance. The Victorian Water Supply Heritage Study identified potential significance of irrigation channels. The site is on the Victorian Heritage Inventory (H7722‐0060). Management of cultural heritage is included in the DPO Schedule which requires the submission of a cultural heritage assessment and associated recommendations. (ii)
Discussion and conclusion The Panel is satisfied that the site is not of sufficient cultural heritage significance that would lead it to recommend that the Amendment should not proceed and that there is a requirement to address this issue with associated appropriate design responses at the development plan approval stage. Page 23 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 8
The form of the Amendment 8.1
Key issues Following exhibition of the Amendment, Council officers held discussions with the proponent with a view to refining the DPO Schedule and to include some of the Government agency recommended changes to the Schedule. However, at the Council meeting to consider submissions to the exhibited Amendment, Council resolved to apply the Neighbourhood Residential Zone and to revert back to the exhibited DPO Schedule. Part of the Amendment includes deletion of Design and Development Overlay Schedule 3, which includes provisions relating to acoustic protection for dwellings proximate to the Western Highway from noise associated with use of the freeway. Alternative provisions were to be included in the DPO Schedule. The issues that arise are:  What residential zone should apply to the land?  Should DDO3 be deleted?  What changes, if any, should be made to the DPO Schedule? 8.2
The most appropriate Residential Zone (i)
Evidence and submissions The proposed zoning under the Amendment was the General Residential Zone. No Schedule was exhibited with the zone, which implies to the Panel that no variations to the zone provisions were anticipated by Council with development being guided by the provisions of the Development Plan Overlay. When it resolved to request the Minister to appoint a Panel to consider submissions Council also resolved to apply the Neighbourhood Residential Zone (with a neutral schedule, that is, no specified variations in the Schedule) rather than the General Residential Zone. The rationale for this is that the Neighbourhood Residential Zone was the recommended zoning in the West Maddingley area. The Panel is unclear from Council’s submission whether this applied to developed or undeveloped residential areas in West Maddingley. Mr Hooper considered the General Residential Zone to be the most appropriate zoning. He considered the Neighbourhood Residential Zone was best suited to protection of existing residential areas with characteristics that require particular outcomes. The Development Plan Overlay can cover these matters. Mr Hooper also noted that the General Residential Zone is used almost exclusively in growth situations within the Urban Growth Zone areas. (ii)
Discussion and conclusions The Panel agrees with Mr Hooper that it is inappropriate to apply the Neighbourhood Residential Zone. The area is currently devoid of residential development so there is no existing residential character that requires protection. The Development Plan Overlay and the MSS do not explicitly express in any detail any preferred or desired neighbourhood character outcome for this area. Page 24 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 The Panel considers that the General Residential Zone to be the most appropriate zone where a moderate level of growth and diversity is envisaged. The Schedule to the zone should specify no variations to any of the zone or ResCode provisions. 8.3
Design and Development Overlay 3 (i)
Evidence and submissions The joint submission by DTPLI, PTV and VicRoads indicated that the Department’s Joint Transport Group has concerns that the proposed DPO Schedule has not given sufficient recognition to the interface with the Western Highway, but recognised that DDO3 only applies to non‐urban areas. They made the important point that it is unclear how appropriate noise attenuation of dwellings will be provided on a site‐by‐site basis if dwellings are not subject to a planning permit. The Panel invited the Joint Transport Group to consider whether it was appropriate to remove the DDO3 at all, but rather to retain it and invited the Group to provide a further written submission on this matter, which it did. The further submission from the Group indicated that if the Panel was inclined to recommend removal of the DDO3, the provisions in the Development Plan Overlay Schedule should be strengthened by various means. The Group also indicated that if the DDO3 was retained, VicRoads would be willing to work with Council to simplify the Schedule and referral processes. (ii)
Discussion and conclusions The Panel notes that the DDO3 presently only applies to non‐urban areas and fails to understand why that is the case. It is likely that the noise impacts from a freeway would be more severe on more densely developed residential areas than non‐urban areas in terms of the total number of dwellings affected. The Panel also agrees with the Group submission that a Development Plan Overlay is a less effective means of protecting dwellings from freeway noise, because there is no permit trigger for buildings and works associated with a dwelling. The Panel therefore proposes to adopt the suggestion by the Group that the DDO3 be retained, but its provisions be amended by a subsequent amendment. This will require a further review of its provisions, noting that the provisions also apply to other land beyond the subject site about which others not party to this amendment may wish to comment. Some of the matters which should be reviewed include:  Why a permit exemption exists for a building which is more than 50 m from the freeway, but the width of the overlay is 150 m each side of the freeway?  Whether the requirements should relate only to acoustic matters and advertising signs. Should general house design controls such as building height and external materials be included instead in DDO2?  Whether controls on fencing are necessary.  Whether 70dB(A) is an appropriate acoustic standard noting that the exhibited Development Plan Overlay Schedule applies a 63dB(A) control? Page 25 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 8.4
The content of Development Plan Overlay 6 (i)
Evidence and submissions During exhibition of the Amendment some Government agencies (VicRoads/DTPLI/PTV, CFA and Melbourne Water) sought changes to the DPO Schedule that strengthened provisions related to their areas of interest. In addition, discussions/communications were held between Council officers and the proponent with a view to further refining the DPO Schedule. However, when Council resolved to request a Panel it also resolved to rely on the exhibited version of the DPO Schedule, meaning that Council’s submission no longer could accommodate these subsequent changes/suggestions. During the course of the Panel Hearing the Panel was assisted by a “roundtable” workshop to discuss the content of the DPO Schedule. Noting that Council planning officers were bound by the Council resolution and to avoid embarrassment to those officers the Panel requested the officers to assume that the Panel had recommended against relying on the exhibited version of the Schedule and requested the officers to participate in the workshop on that basis. In addition, Mr Hooper attached to his statement of evidence his recommended form of DPO6. (ii)
Discussion and conclusions The Panel discussed all of these changes, which were all matters of detail, with the parties during the workshop. None are so significant that they require detailed explanation in this Report. The Panel has generally accepted the changes sought by the Government agencies. They were generally acceptable to Council and the proponent. No other party sought to amend any provision. Other changes were generally refinements of the exhibited DPO6 requirements. As the Panel has recommended retention of DDO3, it has removed from DPO6 those matters covered by DDO3. 8.5
Recommendations The Panel recommends: 4.
DDO3 should not be deleted from the planning scheme maps. As part of a separate process Council in consultation with VicRoads should review the DDO3 provisions as set out in Section 8.3 of this report and where DDO3 should be applied. 5.
DPO6 should be amended as set out in Appendix B to this Panel Report. Page 26 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 9
Summary of conclusions and recommendations 9.1
Conclusions The Amendment proposes to rezone the subject land from Farming Zone to the General Residential Zone, introduce a Development Plan Overlay and associated Schedule 6 and delete the Design and Development Overlay Schedules 2 and 3 from the subject land. During exhibition there were 18 submissions to the Amendment. The Panel finds that the conversion of the land from farming to urban residential use is generally supported by State and local policy, including State policy that identifies Bacchus Marsh as a township destined to accommodate increased population growth and local policy that identifies most of the subject site as potential residential land in the long term. There is inconsistency with policy in that part of the land is also identified as highly productive agricultural land. On balance, the Panel considers the loss of highly productive agricultural land to be minor that does not set a precedent and that a better net community benefit outcome will be achieved by its conversion to residential use. The main issue raised in most submissions relates to various traffic issues. The Panel is not satisfied that all of these have been adequately addressed and has included recommendations for further work to be undertaken to address these deficiencies. Other issues raised in submissions relating to fire safety and heritage are not significant. 9.2
Consolidated recommendations For the reasons outlined in this report, the Panel recommends that Moorabool Planning Scheme Bacchus Marsh Urban Rezoning be adopted subject to the following recommendations: 1. Council should undertake a review of sight distance constraints at the Rosehill Drive/Ascot Avenue intersection and if necessary commission a Road Safety Audit at the intersection. 2. A further Traffic Impact Assessment be undertaken to incorporate the abovementioned findings and determine the most appropriate Rosehill Drive/Ascot Avenue intersection configuration. The revised Traffic Impact Assessment should also include a recommendation regarding the number of lots that can be approved without the Halletts Way connection. 3. Construction works on Meikle Road as proposed in the Section 173 Agreement should be deleted. 4. DDO3 should not be deleted from the planning scheme maps. As part of a separate process Council in consultation with VicRoads should review the DDO3 provisions as set out in Section 8.3 of this report and where DDO3 should be applied. 5. DPO6 should be amended as set out in Appendix B to this Panel Report. Page 27 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Appendix A List of Submitters No Submitter 1 Peter Matters 2 Michael (no surname provided) 3 Norm & Kathleen Cunningham 4 Department of Environment and Primary Industries (Ballarat office) 5 Robert & Colleen Clarke 6 Debbie & Steven Grech 7 Melbourne Water 8 Southern Rural Water 9 Jeff & Glenda Moran 10 Environment Protection Authority 11 Kataland Investments Pty Ltd c/‐ Taylors Development Strategists 12 Country Fire Authority (Grampians Region) 13 Patrick Griffin 14 Department of Transport, Planning and Local Infrastructure (Transport Group) 15 Devine Ltd 16 Christine Gordon 17 Sheridan LeSueur 18 Daryl Law Page 28 of 39 Moorabool Planning Scheme Bacchus Marsh Urban Rezoning  Panel Report  10 July 2014 Appendix B Panel Recommended Development Overlay 6 Design and Page 29 of 39 MOORABOOL PLANNING SCHEME
SCHEDULE 6 TO THE DEVELOPMENT PLAN OVERLAY
27/11/2013
C62 Proposed
Shown on the planning scheme map as DPO6
Underbank Farm
1.0
Development Plan Overlay Objectives
27/11/2013
C62 Proposed
The objectives of this Development Plan Overlay is to facilitate a master-planned
development to ensure:

Planning for residential and associated development in a logical, cost effective
and sequential manner;

Efficient use of infrastructure, and land, whilst managing any impacts on the
environment and amenity;

Identification and effective management of sites of environmental, heritage and
landscape significance;

Co-ordinated provision of utility services and drainage;

Co-ordinated provision of physical and community infrastructure and public
open space that enhances the amenity, safety and liveability of the precinct and
surrounds; and

Preparation of an integrated Development Plan generally in accordance with
the Underbank Farm Concept Plan shown in Clause 5.0 of this schedule.
2.0
Requirement before a permit is granted
27/11/2013
C62 Proposed
The responsible authority may grant a permit for subdivision for a public purpose or
buildings and works or a fence before approval of a development plan provided
that the responsible authority is satisfied that the subdivision, use or development
is generally consistent with the Underbank Farm Concept Plan.
 subdivision of an existing building; extension to an existing dwelling;
construction of rural outbuildings where the subdivision, use or development
will not prejudice the future development of the area as intended by the
Underbank Farm Concept Plan and this schedule.
 is generally consistent with the Underbank Farm Concept Plan
 will not conflict with infrastructure or development sequencing or associated
development contributions. In particular, the development of the Hallet’s Way
extension when existing road network has reached capacity as indicated in the
approved Integrated Transport Plan for the development.
3.0
Conditions and requirements for permits
27/11/2013
C62 Proposed
Any permit for subdivision must include the following conditions:

Prior to any works commencing on the land a "Construction Management Plan"
(CMP) must be prepared to the satisfaction and approval of the Responsible
Authority, detailing how the developer will manage the environmental and
construction issues associated with the development. The plan must address,
but not be limited to the following:




How the land is to be accessed during the construction period;
All measures to be introduced to ensure that construction on the land does
not impact on any vegetation to be retained;
All measures to be introduced to minimise soil erosion and runoff;
Details relating to the storage of all plant and equipment during the
construction period; and
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MOORABOOL PLANNING SCHEME
Measures to be implemented to ensure the containment of dust, dirt and
mud within the site and method and frequency of clean up procedures in the
event of buildup of matter outside of the site.
Developer contributions are required for the provision of infrastructure on the
developable land. A condition must be provided requiring the payment of the
development contribution in accordance with the an agreement made with
Moorabool Shire Council under Section 173 of The Act.


4.0
Requirements for development plan
27/11/2013
C62 Proposed
A s i n g l e development plan should m u s t be p r e p a r e d for a the site as a whole
and generally in accordance with the Underbank Farm Concept Plan.
The development plan must comprise:

A design response that is based on the results of the site analysis process, and
is generally consistent with the Underbank Farm Concept Plan, and

A written report and plans addressing the objectives described in this schedule.
Site Analysis

A development plan must include a detailed site analysis and design response
that includes the following items to the satisfaction of the responsible authority:








Contours of land at 1.0 metre intervals and shading of land in 5 degree slope
class intervals.
Identification of sites of potential geotechnical instability;
An environmental assessment of the flora, fauna and habitat significance of
the land and waterways which includes recommended actions for
management, revegetation and restoration of any identified conservation
and vegetation protection areas where relevant. The assessment must also
make recommendations with regard to management of noxious weeds as
identified by the Catchment and Land Protection Act 1994.
An arboriculture assessment of all existing trees/groups of trees on the land
which provides a description of the condition, health and integrity of all
trees/groups of trees. The assessment must include recommendations for
the long term preservation of tree(s) having regard to proposed open space
or development in the neighbourhood context.
The arboriculture
assessment must include a plan showing the location of all vegetation
nominated for removal and retention and surveyed locations of the trunk,
canopy and tree protection zone of all vegetation nominated for retention.
An archaeological survey and heritage assessment which includes
recommendations for the protection, restoration and interpretation of
significant sites, and where appropriate, design measures to sensitively
integrate sites. The assessment must also identify areas where a Cultural
Heritage Management Plan is required by the Aboriginal Heritage Act 2006.
A landscape assessment that defines any important landscape views or
vistas and any landscape features.
An environmental assessment / identifying any potential environmental
hazards or contamination on the land and proposed treatments, if any; or a
qualified statement indicating the absence of such hazards or contamination.
A waterway assessment that:

Identifies the top bank of Werribee River, Korkuperrimul Creek and its
tributaries to inform setback requirements for development; and
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MOORABOOL PLANNING SCHEME


Identifying Identifies any geotechnical issues that may arise from
development proposed on land abutting waterways where there is
potential for instability and bank erosion.
A Drainage and Stormwater Management Strategy for the land to the
satisfaction of Melbourne Water that shows:

The catchment area, drainage outfall locations, new drainage works,
existing drainage infrastructure and details of flow levels and flood
levels for the 100-year ARI storm event as a result of development,

How the subdivision of the land will cater for flooding and waterway
enhancement works, including setbacks from waterways, and

How it is intended to deal with the existing waterways, flood levels and
flows that run through the land.
Design Response
Neighbourhood and Density Objectives
To provide a series of internal neighbourhoods that:

Are diverse in landscape, streetscape and built form character, each with a
neighbourhood ‘core’ consisting of a feature (open space, streetscape, heritage
place, community space etc);

Are clearly defined by streetscape features and are connected through use of
local streets and open space areas;

Provide for diversity in lot sizes and housing types, with smaller lots in key, high
amenity locations around open space and activity areas and larger lots on
slopes greater than 15%;

Identifies designated areas within the plan areas proposed as potentially
suitable for medium and higher density housing types based upon accessibility
to transport, open space and services and facilities.

Describe indicative density patterns including proposed lot densities in each
area, indicative lot layout for initial stages, road and movement networks, open
space networks, integration between new and existing development, location of
reticulated water, sewerage and drainage, road and footpath networks.

Provide opportunities for some larger lots for single dwellings on flatter land so
as to achieve a diversity of lot sizes with little or no slope.

Dwelling densities should generally reflect the opportunities and constraints of
the land. Lower densities should generally be provided on the sloping land in
the western portion of the site, whilst higher densities should generally be
provided on the flatter land in the eastern portion of the site. Opportunities for
the highest density development will be possible in proximity to the proposed
neighbourhood centre.

Envisages development where garages are recessed and not the visually
dominant element of the streetscape.

For land generally above the 125 metre contour line (as shown in the concept
plan), the minimum lot size should be generally in the order of 700sqm, except
where the land has a gradient of less than approximately 1:10.

For land generally below the 125 metre contour line, the minimum lot size
should be generally in the order of 400sqm, except where the land is in close
proximity of to the proposed neighbourhood centre.

Include a number of diverse streetscape cross sections which incorporate
existing vegetation and create distinct ‘naturalised’ open space to provide a
context for diverse housing outcomes and high amenity character.
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MOORABOOL PLANNING SCHEME

Facilitates lot widths and configurations that are designed to accommodate
landscaping in front setbacks and avoid excessive areas of paving. Battleaxe
style lots should be avoided.

Ensure that lots adjoining open spaces are designed to facilitate positive
interfaces and passive surveillance. Blank walls and tall impermeable fences
should be avoided.
To ensure development, where appropriate, responds to locational issues, including:

Provide an appropriate housing and fencing interface to adjoining rural lands,
and vehicle and pedestrian connections to adjoining residential land;

Design principles for interface areas that encourage active frontages along
higher order roads and facing on developable land indicated on the Underbank
Farm Concept Plan at subsection 5 to this schedule;

Adequate setbacks, including access place roads, from the escarpment must
be provided to prevent visual intrusion and landslip hazard;

Street layout is to ensure passive surveillance of the escarpment and gullies.
Where an access way cannot form the boundary to a lineal reserve lots should
be located to provide passive surveillance of the space and to allow access by
management and emergency service vehicles

Lots designed with an appropriate interface either side of waterways. Waterway
corridors should typically be defined with a continuous edge formed by a public
road or open space area

Development including setbacks from waterways are in accordance to with
Melbourne Water’s Waterway Corridor Guidelines for Greenfield Development.

Built form on hilltops and ridgelines is minimised in order to preserve high
quality landscapes.

Identification of how development and development density on land between 15
– 25 degree slope will be undertaken to minimise potential for mass wasting.

Demonstration as to how the development plan responds to Clause 52.47
Bushfire Protection : Planning Requirements.

Noise attenuation, particularly within 50 metres of the Western Highway
property boundary.

No new allotment is to be created such that there is insufficient space below the
63 db(A) or greater at 1 metre from the most exposed façade of any residential
dwelling.
Traffic and Movement Networks
Prior to any development of the site and approval of the Development Plan an
Integrated Transport plan Traffic Impact Assessment must be submitted to the
Satisfactory satisfaction of the Responsible Authority, VicRoads and Public
Transport Victoria. The Traffic Impact Assessment Integrated Transport plan must
include:

A Traffic Impact Assessment, which determines tThe level of development that
can occur prior to road network upgrades. At a minimum this should:


review internal and external traffic and movement network impacts and
identify identifies costs for Developer Contributions where the impact is
outside the developable area; and
determine the number of lots which can be approved prior to the completion
of Hallets Way extension; and
DEVELOPMENT PLAN OVERLAY - SCHEDULE 6
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MOORABOOL PLANNING SCHEME
determine the number of lots which can be approved prior to the completion
of Hallets Way on ramps.
Traffic and movement networks between the proposed residential areas and
the Bacchus Marsh Activity Centre to facilitate both public and private transport
and active transport.



The future road network and traffic management works showing an internal
road network.

A transportation network that provides a high level of access within the
development for all vehicular and non-vehicular traffic, responds to the
topography of the land and provides opportunities for public transport. The
information provided is to include:-
Road hierarchy displaying trunk collector, collector and local access roads;
 A road hierarchy plan displaying trunk collector, collector and local access
roads referencing the cross-sectional dimensions between property lines of
all roads, clearly displaying parking, traffic and bicycle lanes/paths, central
medians, kerb and channel, footpaths, nature strips and services reflecting
the requirements and specifications of the Infrastructure Design Manual –
Moorabool Shire Council (IDM); Verge widths shall be a minimum of 4.5
metres, unless stated as higher in the IDM. The corresponding minimum
road reserve wide width for Access Place is 16.0 metres, Access Street is 18
metres and Residential Court Bowl is 30 metres. All other Minimum Reserve
Widths are as per the IDM.
 A road traffic safety plan that assigns a traffic volume range to each road
and identifies measures to ensure roads do not exceed the traffic volume
range commensurate with their position in the road hierarchy. , intersection
treatments and traffic management controls (e.g. roundabouts) for the
internal road network and identifies appropriate landscaping and entry/exit
points that ensure maximum casual surveillance and public safety.
 Potential bus routes connecting to the existing public transport network and
potential location of bus stopping areas (in collaboration with Public
Transport Victoria);
 An integrated and connective system of bicycle and pedestrian paths
incorporated into the road and public open space system. Paths proposed
along waterway corridors must meet Melbourne Water’s Shared Pathway’s
Guidelines;
 Roads parallel to and adjoining the boundary of the public open space being
provided along open space / escarpment areas;
 A road layout that maximises solar efficiency to most lots,


Type of street light pole and luminaire (Powercor approved) ;

Details of any proposed new bridge crossing locations. The design and
location of any new crossing must be approved by Melbourne Water and must
be designed in accordance with Melbourne Water’s Constructed Waterway
Crossing Guidelines.
Utilities and Drainage

A Development Sequencing plan that identifies the likely sequence of
development, the staging and provision of infrastructure, drainage, roads and
other key facilities and evidence that reticulated water supply and sewerage
services can be provided to the land in a timely and efficient manner.

An overall land budget that calculates the area for each category of land use
shown on the plan. The land budget must specifically identify land that will be
set aside for infrastructure and open space.
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MOORABOOL PLANNING SCHEME

Demonstrate how infrastructure including water supply, sewerage, drainage,
power, telecommunications and broadband, public transport, and roads will be
cost effectively provided.

Ensure the lot layout and street network is designed to include infrastructure
for broadband and the rollout of Fibre To The Premises (FTTP) on a sub
terrestrial basis. Evidence of collaboration with appropriate providers is required
within the Development Plan.

A Water-Sensitive Drainage Masterplan must be prepared and demonstrate the
implementation of appropriate water sensitive urban design techniques to
minimise inappropriate drainage and runoff impacts. Reference should be
made to Urban Stormwater: Best Practice Environmental Management
Guidelines Infrastructure Design Manual and Melbourne Water requirements. It
should provide for:
A detailed description and concept plans of the proposed system of
stormwater drainage measures including water retention basins and water
quality treatments including siting;
 A restriction on embankment slopes so that they are no steeper than 8:1
where maintenance access is required and 5:1 elsewhere in accordance
with the IDM ;
 In planning for road crossings and retarding basins A maximum of 5 metres
in the depth of fill (as measured from natural ground level) to be placed in
the gullies, unless there are compelling engineering reasons for exceeding
this figure;
 A construction management and maintenance implementation plan including
appropriate water quality treatment measures for approval, along with
associated maintenance and capital costs.
 Innovative wastewater management strategies that maximise opportunities
for waste recycling and/or storm water harvesting must be developed to the
satisfaction of the Responsible Authority.
 The proposed stormwater quality treatment measures shall be reviewed using
the MUSIC (Model for Urban Stormwater Improvement Conceptualisation)
program to determine the benefits of the proposed works and the outcomes
incorporated into the Drainage Masterplan.


The Water-Sensitive Drainage Masterplan must meet the requirements and
specifications of the Infrastructure Design Manual (IDM) – Moorabool Shire
Council and Melbourne Water requirements.
Community Facilities and Services

A community infrastructure report that identifies the need for new services and
facilities such as primary schools, secondary schools, community centres,
neighbourhood scale activity centres, and district playing fields must be
prepared in consultation with relevant agencies and demonstrate that
community infrastructure services can be either adequately provided in the
development plan area or through the provision of developer contributions
outside the area.

The location of any social and community facilities or features that will be
included as part of the development, including neighbourhood scale activity
centres.
Open Space and Landscaping
Preparation of an open space and landscaping Masterplan and report that:

Identifies encumbered open space, passive open space, land suitable for active
open space, and any additional open space required to perform a streetscape
function or to link open space areas.
DEVELOPMENT PLAN OVERLAY - SCHEDULE 6
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MOORABOOL PLANNING SCHEME

Identifies a preferred character/theme for each open space area and a street
tree theme for streets and boulevards, including nomination of suitable species
and provides consistent whole of precinct landscaping details, along main
roads, open spaces, and pedestrians/bicycle pavements.

Details any vegetation to be preserved on site, vegetation to be removed and
any revegetation works required in accordance with the recommendations of
the flora and fauna assessment.

Details of fencing treatments proposed for land abutting open space, including
land abutting the floodplain.

Uses indigenous and drought tolerant vegetation for landscaping and retention
of existing indigenous vegetation wherever possible.

Ensures at least 4% of the land shall be set aside for public open space
purposes within the site and 1% payment made for embellishment of regional
open space. Without prior agreement of Council, the following areas will be
excluded as from the calculation of land set aside for public open space
contributions:
Areas identified as non-developable on the Underbank Farm Concept Plan;
 Areas of Environmental Significance due to the presence of cultural heritage,
indigenous heritage or significancet flora and fauna species;
 Drainage Reserves;
 Land with a slope in excess of 15%.
 Details how the open space interacts with and embellishes the waterways
(Korkuperrimul Creek and Werribee River) and water infrastructure (channels
and pipes).


Ownership and maintenance responsibility for all open space will be retained by
the developer until developed to the satisfaction of the responsible authority.
Environmental Considerations
An environmental plan and sustainable plan needs to be prepared for the site that:

Demonstrates
measures to:
innovative
sustainable
development
practices
including
Reduce greenhouse gas emissions, water consumption and waste
generation, and
 Preserve and enhance environmental attributes of the area.
 Measures to avoid and minimise potential environmental impacts including but
not limited to:




Flora and fauna - Native vegetation removal must be avoided or minimized
in accordance with Clause 52.17 wherever possible. Where vegetation
removal cannot be avoided, consideration should be given for any
vegetation offset required, to be applied to the rehabilitation of the
escarpment and gullies;
Land degradation - minimisation of topsoil disturbance;
Erosion - Development on steep land with a slope greater than 20% is to be
avoided and the Development Plan must indicate how escarpment areas will
be protected;

Flood risks;

Hydraulic report to demonstrate no adverse impacts on the floodplain and
must include:

computations that detail impacts upon flows, velocities, flood storage
and flood levels for the 100 year ARI flood event.
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MOORABOOL PLANNING SCHEME

identify proposed drainage outfalls.

Outline any on-site retention and flood storage required to ensure no impact
on in internal and downstream waterways as a result of increased
stormwater runoff and velocities.

European and cultural heritage - Conservation and protection of significant
Aboriginal and European cultural heritage places. An archaeological survey
and heritage assessment must be submitted which includes
recommendations for the protection, restoration and interpretation of
significant individual sites and, where appropriate, design measures to
sensitively integrate sites into the open space network; and

A weed invasion plan, including a staged weed management program.
The environment and sustainable plan must be to the satisfaction of Melbourne
Water and the responsible authority.
Escarpment Management
Noting that escarpment land is too steep for development and that it may only be
suitable as a landscape/scenic backdrop, a Management Plan should must be
prepared for land identified as ‘escarpment’ on the Underbank Farm Concept Plan
shown in Clause 5.0 of this schedule. The Management Plan will address:

A geotechnical assessment of the stability of the area and the impact of any
proposed uses and management regimes;

What works are required to remediate the site and create a steady state
including landscaping and rehabilitation and/or stabilisation works including
environmental weed removal and replanting;

Maintenance requirements,
arrangements;

Information on surface runoff and drainage and possible impacts on the
escarpment;

The identification of noxious weeds and pests and a plan to remove them
and replace them with appropriate landscape selection;

Detailing of a rehabilitation and revegetation program which will enable
minimum maintenance as well as offering land stabilisation where
appropriate to be implemented in conjunction with appropriate bodies such
as Grow West, Port Phillip & Westernport Catchment Management Authority,
Melbourne Water, and Southern Rural Water and the Responsible Authority;

The control of water runoff to prevent scouring and erosion consistent with
sensitive pathway design;

Appropriate species selection on the basis of minimum fuel load, throughout
the lifecycle of the plant growth;

The provision of appropriate safety barriers to prevent access to unsuitable
unauthorized areas, designed to blend in with the environment;

A Management and Implementation Plan outlining any works necessary to
maintain and manage the site (including fire management), the timing of the
works and how this is to be resourced (including indicative costing).

Future ownership and responsibility for the long term maintenance and
management of the site.
machinery
requirements,
and
access
Decision Guidelines
Before approving a Development Plan, the responsible authority must consider, as
appropriate:
DEVELOPMENT PLAN OVERLAY - SCHEDULE 6
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MOORABOOL PLANNING SCHEME

The Bacchus Marsh Urban Design Framework and the Growing Moorabool,
Economic Development Strategy, 2006.

The - of all relevant service authorities.

Consistency with the Underbank Farm Concept Plan.
Before approval of a Development Plan, the responsible authority must place the
Development Plan on exhibition for a maximum of 28 days for comment by
interested parties.
DEVELOPMENT PLAN OVERLAY - SCHEDULE 6
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MOORABOOL PLANNING SCHEME
5.0
Underbank Farm Concept Plan
27/11/2013
C62 Proposed
DEVELOPMENT PLAN OVERLAY - SCHEDULE 6
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