Witness Statement. Statement of Evidence on instruction from Glenelg Shire Council. Amendment C78:

Transcription

1 Planning and Environment Act 1987 Glenelg Planning Scheme Witness Statement July 2015 Statement of Evidence on instruction from Glenelg Shire Council Amendment C78: Prepared and presented by: Marc R. Bartsch BTRP MLArch PIA AIlA CPP Planning Australia Consultants 89 Beenak Road Wandin North Vic 3139 Australia Telephone Facsimile planaustralia@optusnet.com.au

2 Author: BartschM Approved by: BartschM Signed: Date: 8 th July 2015 Distribution: Mr Matt Berry. Glenelg Shire Council F:\Glenelg June 2015-Expert Witness Statement Final2.doc M0xxxx

3 Contents Page Number 1. Witness Details Witness Witness Qualifications and Experience Statement of Expertise Instructions to the Witness Assumptions of Witness Statement Reference Material and Documents Details of Amendment C Summary of Opinion of Witness 3 2. Details of Proposed Rezoning Bolwarra North Bolwarra South Portland North Portland West Digby 9 3. Review of Relevant Documents Background to current documents Practice Note 37: Rural Residential Development (2012) DPCD Planning Practice Note 42: Applying the Rural Zones Glenelg Sustainable Settlement Strategy ( 2012) Site Assessment Bolwarra North Bolwarra South Portland North Portland West Summary comments: Review of Submissions Planning Assessment Summary Statement of Provisional Opinions Scope of Opinion and Completeness 49 Page i

4 PLANNAING Blank Page Page a

5 1. Witness Details In accordance with the requirements of Guide to Expert Evidence of Planning Panels Victoria the following details are provided to the Panel. 1.1 Witness This statement has been prepared and is to be presented by: Mr Marc Russell Bartsch of 89 Beenak Road Wandin North Victoria Witness Qualifications and Experience Mr Bartsch is a qualified town planner, landscape architect and experienced urban designer and has practiced in these disciplines for over 30 years. Mr Bartsch currently holds a Master of Landscape Architecture, and a Bachelor of Town and Regional Planning, from Melbourne University. A summary of the scope of this professional experience is provided in the attached curriculum vitae, which is found in Appendix A of this witness statement. 1.3 Statement of Expertise Mr Marc Bartsch is to provide independent advice to the Panel based on his experience, as a participant in the preparation of supporting strategic documents for the Shire of Glenelg, These include: The Glenelg Sustainable Settlement Strategy (2012) Glenelg Shire Council (GSSS) ; Glenelg Land Use Study Addendum : Rural Living Areas Report Review -Version 1 (2013).Glenelg Shire Council; and Glenelg Planning Scheme Amendment C75 MSS Review (2013) Glenelg Shire Council. 1.4 Instructions to the Witness I received verbal and instructions from Mr Matthew Berry, Planning Manager, Glenelg Shire Council. My instructions are to express opinions as to the appropriateness of the proposed rezoning of land within Portland for the purposes of Rural Living (the subject area) with a minimum allotment size of 4.0 hectares. This is based on the role which I had in assisting Council with the formulation of the GSSS, and the awareness of the background information which informed this strategy, which in now being implemented through Amendment C78. Confirmation was also sought of the appropriateness of the proposed rezoning, given the completed background investigations, physical composition of the subject area and submissions made following exhibition of the proposed amendment. The witness was instructed to use Practice Note 37: Rural Residential Development (2012) DPCD as a guide in assessing the appropriateness of the rezoning in the context of documentation and submissions. This Page 1

6 was completed. This document has most recently been reissued by the Department of Environment, Land, Water and Planning (2015) with editorial changes to the original version. An information package has been provided which included: Glenelg Land Use Study Addendum- Rural Living Areas - Version1 (2013) Glenelg Shire Council; Glenelg Land Use Study Addendum- Rural Living Areas - Version 2 (2015) Glenelg Shire Council; Council Briefing Paper to Councillor Workshop 14 th April 2015 Glenelg Planning Scheme Amendment C78 Rural Living Zone. Glenelg Shire Council; Rural Residential Land Demand and Supply Assessment Glenelg (2015) Spatial Economics; and Glenelg Planning Scheme Amendment C78 List of Objection Documents. 1.5 Assumptions of Witness Statement There are no assumptions made in regard to the presentation of this report. 1.6 Reference Material and Documents The material examined in completing this witness statement include the items provided in the information package noted above and additional items which have been reviewed by the witness include: Glenelg Sustainable Settlement Strategy (2012) Glenelg Shire Council; Glenelg Shire Council Regional Strategic Plan (2010) Glenelg Shire Council; Glenelg Strategic Land Use Study Vol 1 (2010) Glenelg Shire Council; Glenelg Strategic Land Use Study Vol 2 (2010) Glenelg Shire Council; Coastal Spaces Landscape Assessment Study State Overview Report ( 2006) Victorian Coastal Council; Coastal Spaces Landscape Assessment Study Municipal Reference Document Glenelg Shire (2006) DSE; Victorian Coastal Strategy (2014) Victorian Coastal Council; and Victorian Coastal Council (2008) Victorian Coastal Council. Page 2

7 1.7 Details of Amendment C78 The Explanatory Statement for Amendment C78 as follows: The proposed amendment implements recommendations of the Glenelg Sustainable Settlement Strategy (2012) relating to Rural Living Areas and changes to the Rural Conservation Zone 2 and on the periphery of the townships of the Shire by: Rezoning land from the Rural Conservation Zone 2 and Farming Zone to Rural Living Zone in order to reflect the existing use of this land located in Digby, Portland North, Portland West and Bolwarra. Rezoning land in public ownership from Rural Conservation Zone 2 to either Public Park and Recreation Zone or Public Conservation and Resource Zone to reflect the future management purposes of the land in Bolwarra, Portland West, and Portland North. Rezones land identified as Rural Conservation Zone 2 to Industrial 2 where it forms part of a lot already in the Industrial 2 Zone in Portland North. Amends the provisions of the schedule to the Rural Living Zone to allow the minimum lot size of 2 ha within the areas to be rezoned to Rural Living located in Portland and provides a 20m setback for buildings on lots adjoining School Road. Further consideration of the content of this amendment, and in response to submissions received following its exhibition, has resulted in the removal of the intended rezoning of land identified as RCZ2 to Industrial 2 Zone, and the proposed amendment to the provisions of the schedule to the RLZ to allow the minimum lot size of 4.0 hectares within the RLZ. 1.8 Summary of Opinion of Witness Based on the information provided to me for review, in the form of the content of the proposed Amendment C78 which specifically relates to the proposed rezoning of land surrounding Portland and Bolwarra from Rural Conservation Zone 2 and Farming Zone to Rural Living Zone, I believe this to be an appropriate zone designation for the current and potential land use and development. The information provided in the form of strategic justification of this proposed Amendment is adequate, and meets with the directions of Practice Note 37 (2012) prepared by the Department of Planning and Community Development, and the recently updated Practice Note 37 (2015) prepared by the Department of Environment, Land, Water and Planning. These include the background investigation studies listed in this Witness Statement, and specifically Glenelg Land Use Study Addendum- Rural Living Areas -Version 2 (2015) Glenelg Shire Council, and Rural Residential Land Demand and Supply Assessment Glenelg (2015) Spatial Economics. It is recommended that the form of the Amendment C78 to the Glenelg Planning Scheme, as it applies to the proposed Rural Living Zone at Portland and Bolwarra be adopted. It is also recommended that Amendment C78, as it applies to the township of Digby be accompanied by a Page 3

8 Restructure Overlay to require that a minimum allotment size of 4.0 hectares be achieved before new development is permitted on these allotments. Page 4

9 2. Details of Proposed Rezoning 2.1 Bolwarra North This investigation area comprises two areas of land on the east side of the Henty Highway to the north of Portland, with a total area of 90 hectares and which are currently included in the Rural Conservation Zone 2. Both of these parcels of land abut land included in the Rural Living Zone, and would if included in this zone, continue to have a boundary to the Rural Conservation Zone to the east. Figure No. 1: Bolwarra North: Current Zones and Investigation Area Figure no. 2: Original Proposed Zoning Page 5

10 2.2 Bolwarra South This investigation area is located predominantly on the west side of the Henty Highway to the north of Portland, with a total area of 402 hectares, and which is currently included in the Rural Conservation Zone 2. The land to the east is currently zoned Rural Living, Land to the north and west is included in Rural Conservation Zone 2 and the Public Conservation Recreation Zone, and the investigation area would if included in the Rural Living Zone, have a boundary to these Zones. Included on this plan is part of Portland North of 18 hectares which is also zoned RCZ2, and is adjacent and to the north of PPRZ. Figure no. 3: Bolwarra South and Portland North: Current Zones and Investigation Area Figure no.4: Original Proposed Zoning Figure no. 5: Proposed Rezoning Page 6

11 2.3 Portland North This investigation area is north west of Portland township and currently zoned RCZ2. Land is zoned Industrial 2 to the east, and Rural Living to the south west. It has a total area of 757 hectares and if included in the Rural Living Zone it would continue to be predominantly bounded by the Rural Conservation Zone 2 to the north, west and south. A small area within the investigation area along the Wattle Hill Creek is to be zoned PCRZ. Figure no. 6: Portland North: Current Zones and Investigation Area Figure no. 7: Original Proposed Zoning Figure 8: Proposed Rezoning Page 7

12 2.4 Portland West This investigation area is located to the south-west of Portland, to the west of the Henty Highway and south of Bridgewater Road. It is currently zoned Rural Conservation Zone 2 and Farming Zone. It shares a boundary with the General Residential Zone 1, Low Density Residential Zone, Public Purpose Recreation Zone, Farming Zone and Rural Conservation Zone 2. It is proposed to rezone the areas along the Wattle Hill Creek PPRZ and PCRZ. Figure no. 9: Portland West: Current Zone Figure no. 10: Proposed Zoning Page 8

13 2.5 Digby The investigation areas borders the township zone on its western, eastern and southern sides and has a total area of 35 hectares. To the north is Public Purpose Recreation Zone. The investigation area comprises allotments which are less than 2.0 hectares, and following the decision of Glenelg Shire Council to increase the minimum allotment size within the proposed Rural Living Zone to 4.0 hectares, there will be no capability for further subdivision. Figure no. 11: Digby: Current Zone and Investigation Area Figure no.12: Proposed Zoning Page 9

14 3. Review of Relevant Documents 3.1 Background to current documents In 2013 Glenelg Shire Council requested that the witness review the content of the Draft Report: Glenelg Land Use Study Addendum Rural Living Areas July 2013 in relation to its level of compliance with Practice Note 37 (2012) prepared by the Department of Planning and Environment. This request was based on the advice from DPCD that requires Council to address the requirements for Documenting a proposal contained in the Practice Note 37 Rural Residential Development (revised May 2012). It also required that Council demonstrate how the amendment addresses the need for buffers between residential and industrial uses and has considered the implication of all proposed rezoning on existing rural land In summary the review completed by the Witness confirmed the following: 1. The Glenelg Land Use Study Addendum- Rural Living Areas July (2013) has been prepared in accordance with the directions of Practice Note 37 Rural Residential Development (May 2012). 2. There are minor modifications which could be made to the report which would assist in explaining the basis of some its directions. 3. The diagrammatic content of the report is comprehensive, however improvements would be useful in the content of some of the diagrams to improve clarity and communication. 4. Correction of minor typographical errors Following the review of the Draft Report: Glenelg Land Use Study Addendum- Rural Living Areas July 2013, and further refinement by Council, the Glenelg Land Use Study Addendum Rural Living Areas July 2013 was issued and this was exhibited to the public. It has been referenced in the submissions made to the exhibited proposed Amendment C The witness has been provided with a copy of the Glenelg Land Use Study Addendum Rural Living Areas-Version 2 (2015) Glenelg Shire Council. This document supplements the earlier version of the Study Addendum (2013) by providing additional strategic justification, and additional maps and diagrams. It does alter the minimum allotment size within the Rural Living Zone to 4.0 hectares based on the information provided in the demand and supply assessment. Page 10

15 3.2 Practice Note 37: Rural Residential Development (2012) DPCD Strategic Context The Practice Note 37; Rural Residential Development (2015) DELWP) requires that the broad question be answered of Strategy: Does rural residential development fit into the overall strategic planning of the municipality? The Study Addendum (2015) provides an assessment of the SPPF Clause 11, Clause , Clause , Clause , Clause , Clause , Clause 11.09, Clause , Clause 13, Clause , Clause , Clause 14, Clause , Clause , Clause 15, Clause , Clause 16, and Clause , in relation to the proposed areas of rural residential development ( GSC,p.61). The coverage of this assessment is useful, in addressing the relevant factors in identifying suitable areas for rural residential development, and the potential impacts of this form of land use and development. Additional reference could be made to Clause Structure Planning, which would confirm the value of the Glenelg Sustainable Settlement Strategy (2012) in providing strategic plans for the towns within Glenelg Shire. Clause is also relevant in its support for the maintenance of agricultural production, and Clause in the value placed on Environmental Assets, although the noted guideline document (Great South Coast Regional Growth Plan (2014)) is referenced in the Glenelg Land Use Study Addendum (2015, p.63). Clause Coastal Areas (SPPF, p, 2 of 8) is pertinent to this Amendment C78, however it references the Victorian Coastal Strategy (2008), and this is covered by the Study Addendum (2015, p.17). Clause Significant Environments and Landscapes has been omitted from the Study Addendum, although coverage of this matter is provided elsewhere in the document. Clause (SPPF, p. 3 of 6) addresses the issue of soil salinity, which was considered during the preparation of the Glenelg Strategic Land Use Study (Volumes 1 and 2) (2010). This reference document has also been examined in the Study Addendum (2015) Practice Note 37 is referenced in the Study Addendum as a State and Regional Strategic Document (GSC,p17). The Study Addendum notes the Glenelg Planning Scheme requirement to refer to the Victorian Coastal Strategy (VCS) which establishes a coastal settlement framework which identifies a high growth capacity for Portland (p.66) The Study Addendum (p.66) refers to the directions of the Great South Coast Regional Growth Plan (GSCRGP) which identify Portland as having Medium Growth. Land use policies, strategies and actions are relevant to the proposed Rural Living Areas, and the GSCTGP has been recently integrated into the SPPF though Amendment VC106, and this is referenced in Clause of the Glenelg Planning Scheme. Page 11

16 The Coastal Spaces Landscape Assessment Study (2006) Victorian Coastal Council is referenced in the Study Addendum (GSC,p.67) which recommended the inclusion of Clause 22 Local Policy for the Management of Coastal Landscapes, and that four packages of Significant Landscape Overlays be included in the Glenelg Planning Scheme. Amendment C52 Part 1 of the Glenelg Planning Scheme inserted SLO1: Glenelg River Estuary and Surrounds (Nelson Area); SLO2: Bridgewater Lakes and Surrounds; and SLO3: Cape Bridgewater and Cape Nelson. The Study Addendum (p.68) notes that the Coastal Spaces Study reviewed the effectiveness of the Farming Zone, Rural Conservation Zone and Rural Living Zone as part of considering planning permit applications. It noted that while the Rural Living Zone includes purposes more directly related to the protection of landscape values, there is scope for uses which do not require approval to impact negatively on the landscape values The Study Addendum references the South West Landscape Assessment Study (2013) which followed from the CSLAS (p.68). It includes six significant landscape areas within the Shire, and the Merino Tablelands (regional) which applies to the Merino area. The Assessment Study recommends that the descriptions of the Shire in the MSS be modified, and insertion of new local policies to reference the study. The Assessment Study also recommends the application of a Significant Landscape Overlay to the Merino Tablelands. (ibid, p.68) The Study Addendum references the Local Planning Policy Framework (LPPF) and specifically within the Municipal Strategic Statement, Clause 21.07, Clause 21.08, Clause Within the Local Planning Policies of the Glenelg Planning Scheme, reference is made in the Addendum to Clause 21.01, Clause , Clause , Clause 22.02, Clause , Clause , Clause , Clause , and Clause The Study Addendum ( 2015) references the need for increased efficiency in the use of infrastructure and management of natural resources (GSC, p.70), the maintenance of agricultural productivity and proximity of rural residential development to existing centres ( ibid p.71). In the objectives and strategies of Clause 21.09, protection of catchments, conservation of flora and fauna, heritage and maximisation of infrastructure (ibid p.71) is noted. Specific reference is made to the need to ensure that land selected for rural residential development is not required for residential or industrial purposes ( ibid p.71). The need to develop Wattle Hill Creek as an open space corridor linking Fawthrop Lagoon is specifically relevant to the candidate areas for inclusion in the Rural Living Zone. (ibid p,71). Clause Growth Corridors and Structure Plans of the Glenelg Planning Scheme is referenced in the Study Addendum (GSC p.72) and specifically the need to investigate the appropriateness of the rezoning of the candidate areas for rural residential purposes. Clause Environment and specifically Clause Wetland Areas is noted in the Study Addendum (p.72) and refers to the areas identified as Page 12

17 significant wetlands and waterways and included within Schedule 2 of the ESO. Fire Hazard (Clause ) and High Quality Agricultural Land (Clause ) are listed in the Study Addendum with the description of not contributing to bushfire risk, and maintaining access and protecting agricultural land. Both of these considerations are reviewed in detail later in the Study Addendum. Reinforcement of the need to manage coastal landscapes (Clause ) and the links to the VCS and CSLAS is provided in the Addendum. Clause General Infrastructure Provision (GSC p.73) specifies the criteria to be met for the rezoning of land for urban purposes. It is more applicable to urban residential zoning, although has similar objectives to the rezoning of land for rural residential purposes Within the Study Addendum (p.73) there is reference the Glenelg Shire Wastewater Management Plan (2009), Glenelg Strategic Futures Plan (2009), Glenelg Environment Strategy (2009), Glenelg Strategic Land Use Study ( Volumes 1 and 2 ) ( 2010), Glenelg Sustainable Settlement Strategy (2012) and Glenelg Shire Council Plan The scope of review of the strategic context of the proposed Amendment indicates that the rural residential development proposed is capable of broad strategic support across all relevant policy areas, which is a requirement of the Practice Note The Study Addendum (p.73) summarises the key implication of the GSSS in regard to the investigation of the rezoning of Rural Conservation Zone 2 land to Rural Living Zone around the north, northwest and south-west of Portland, and north of Bolwarra. It recommends investigation of the rezoning of Farming Zone Land to the Rural Living Zone around the south-west of Portland, south of Dartmoor, east of Narrawong, south of Heywood ( to 2 hectare minimum), south-west and east of Digby, and east of Merino (a 4 hectare minimum.) Within the Rural Living Zone, the GSS recommends (p.74) the maintenance of an open landscape character by requiring generous setbacks between dwellings, roads and site boundaries The Study Addendum (p.75) references the Glenelg Shire Council Plan (GSCP) and notes its role in facilitating economic development, investment and employment growth and in the encouragement of agricultural productivity. The GSCP also references the need to manage and sustain natural and built assets The Glenelg Strategic Futures Plan (2009) (GSFP) is referenced in the Study Addendum ( p.75) which notes that this documents the findings of the Glenelg Industrial Land Use Study(2007), Glenelg Cultural Heritage Desktop Review (2007), Glenelg Futures Plan Infrastructure Strategy (2007) and Environment Strategy The GSFP identified a number of issues in 2009 which include houses on rural zoned land, pressure for development on the periphery of towns, active coastal erosion, future impacts of climate change, wildfire management, infrastructure for smaller towns, ongoing Page 13

18 vitality of small towns and recognition of flood prone land. These are still relevant, and reflected in the objectives of the Glenelg Sustainable Settlement Strategy and the content of Amendment C78. The Study Addendum (p.75) notes specifically the need for a strategic framework within the Glenelg Planning Scheme to address the loss of agricultural land to rural residential/living forms of development. It also notes the inappropriate use of a 2 hectare minimum lot size within the Rural Conservation 2 Zone Schedule that has created a de facto rural living zone The Glenelg Strategic Land Use Study (2010) Volume 1 & 2 (GSLUS) reviewed the physical land form and use of the Shire, levels of land supply and demand for commercial, industrial, rural and residential land. Assessment of the application of the Rural Conservation Zone Schedule 2 in the GSLUS, noted in the Study Addendum (p.75), indicated that 51% of the allotments were less than 5 hectares, and 21% of lots are less than 2 hectares. Relevant to the current distribution of land now proposed for the Rural Living Zone, the Addendum notes that the vast majority of these allotments are located west and north-west of Portland, and between Portland and Bolwarra on the Princes and Glenelg Highway. The further issue noted in regard to the use of this land is that fragmentation of land and allowing dwellings without connection to agriculture has compromised the land for rural use. Also relevant is the observation that fragmented RCZ2 land is in close proximity to industrial and residential areas in Portland, and this encumbers the intended purpose of the land for horticultural activities (p.76). The Study Addendum notes the GSLUS reference to the need to investigate rezoning fragmented (built) areas, investigate changes to minimum lot size through schedules to Rural Zones, use of overlays to protect environmentally sensitive areas, identify areas which are suitable for intensive agriculture and intensive horticulture, and the potential application of the RCZ to RLZ and FZ land. The outcome of this process is reflected in the content of the proposed Rural Living Zones The Glenelg Environment Strategy (GES) is referenced in the Study Addendum (p.76) and it confirms that biodiversity mapping was completed in the late 1990 s to identify area of environmental significance. The Strategy applies to Council managed land and also seeks to improve the planning, management and influence over coastal environments, wetlands, lakes and waterways and aquifer and their sources ( GSC, p.59). It refers to the need to review the Glenelg Planning Scheme to ensure that it has appropriate tools to protect wetlands that are current with the SPPF and Western Region Sustainable Water Strategy (2010). The GES also notes the need for Council planning to best match land use with the capacity of the landscape, and requires that areas of very high (state) significance are strongly protected through the application of the appropriate planning scheme mechanism (eg SLO). (GSC, p.66). Reference is made in the Strategy to adoption of the Coastal Spaces Landscape Assessment Study (2006) recommendations within the Glenelg Planning Scheme.(GSC, p. 49). This is referenced in the Study Addendum (GSC,p 67). Page 14

19 3.2.2 Housing Need The Practice Note 37: Rural Residential Development (2015) DELWP requires that the broad question be answered of Housing Need: How much rural residential development is required to provide appropriate housing diversity and choice to meet housing needs? Glenelg Strategic Land Use Study (2010) examined the demand and supply of land for residential and rural residential development, and this was used as the basis for the broad strategic principles and directions of the Glenelg Sustainable Settlement Strategy, and the identification of investigation areas for potential inclusion in the Rural Living Zone After the exhibition of Amendment C78, Council commissioned the Rural Residential Land Supply and Demand Assessment (2015) Spatial Economics. The Glenelg Land Use Study- Addendum Version 2 (2015) documents the assessment process (GSC, p.46). It examined the available supply of RLZ and LDRZ land, and for total capacity and adequacy, all RCZ2 and FZ land included in the investigation areas. The assessment process included constrained land such as flood effected, dune formations, wind-tower buffers, excessive slope, existing non-residential land, timber plantations and areas of native vegetation (Spatial Economics 2015, p. 39) The assessment notes that if rural residential includes not only the Rural Living and Low Density Residential Zone, but also the RCZ2, there is an excess of land available for rural residential purposes (ibid, p. 52). If RCZ2 land is excluded from the assessment, the amount of land available and subsequent years of adequacy (from 12 to 34 years depending on the scenarios examined) ( ibid p, 52) is dramatically reduced The assessment concludes that the inclusion of the proposed GSSS investigation areas where land is currently zoned Rural Conservation Zone 2 or Farming Zone into the Rural Living Zone, will increase the years of supply from a low of 17 years to high of 44 years (Spatial Economics 2015, p.52). With the adoption of a minimum subdivision size of 4.0 hectares, which is also recommended by the assessment, there is estimated to be 26 years of supply (ibid, p. 52) The assessment notes that a minimum allotment size of 4.0 hectares meets with recent demand for allotments in the 3-5 hectare range, and also provides for coherent and sustained land management practices (ibid. p.52). It also notes that at this level of subdivision, lots are considered to be self-sufficient and do not require extensive services, and are less likely to require significant infrastructure such as mains water and articulated sewerage. The assessment recommends this subdivision minimum size within zones around conflicting uses, and this is considered to ensure the continuing use of the existing (or future uses) on the adjacent sites. Page 15

20 In assessing the increase in the capacity of the investigation areas for rural residential purposes, the assessment notes that the increase is not overly significant due to the fact that all of the land to be rezoned is already currently utilised as rural residential land. ( Ibid, p.52) The scope of investigation of the housing need of the proposed Amendment indicates that the Council has been able to demonstrate that the proposed use and development of rural residential allotments supports and implements the housing needs of the Municipality as identified in the MSS, which is a requirement of the Practice Note 37 (p.3) Integration with Existing Urban Areas The Addendum notes that each of the proposed Rural Living Zones are located adjoining either the General Residential Zone1 (West Portland), Rural Living Zone (Portland North and Bolwarra) and the Low Density Zone ( Portland West). (Glenelg Shire Council, p.19) Protection of Natural Resources Practice Note 37: Rural Residential Development (2015) DELWP directs that Rural Residential development is not appropriate on productive agricultural land, in a special water supply catchment under the Catchment and Land Protection Act 1994, has identified potential for commercial forestry, has identified potential for mineral and stone production, and has potential for wind energy development as identified in the Victorian Wind Atlas (p.4). It describes productive agricultural land as having one or more of the following characteristics: a present pattern of subdivision favourable for sustainable agricultural production; can be used for a variety of agricultural pursuits; suitable soil type; suitable climatic conditions; suitable water supply and suitable agricultural infrastructure, in particular irrigation and drainage systems ( ibid, p.5). The Study Addendum notes the proposed Rural Living Zones are within the existing Rural Conservation Zone 2 and Farming Zone, and which have been substantially fragmented by the introduction of dwellings on smaller allotments (ibid,p.22). Small lots within Farming Zone significantly compromise the agricultural potential of land within proximity of development areas. It is noted in the Study Addendum that Portland, Bolwarra, Heywood, Narrawong and part of Dartmoor rural living investigation areas have high levels of existing development.(ibid p, 23) Broad scale land capability assessment has been completed and indicates that the candidate Rural Living Zones are described as having moderate to low capability for Bluegum, Wine, Dairy and Cropping. (ibid,p.24). The Digby investigation area includes land with high capability for dairy, although allotment size is limited ( ibid, p.25). It further notes that the proposed Rural Living Zones are not included in a special water supply catchment, or identified as having potential for mineral or stone production. Page 16

21 3.2.5 Protection of environmental areas and biodiversity Practice Note 37 (p.35) requires that rural residential development should be located to avoid any adverse impact on the environment, native vegetation and biodiversity. The Study Addendum (p.27) notes that based on Biodiversity mapping 2001, two biodiversity areas in the Portland region are located in close proximity to the areas proposed for inclusion in the Rural Living Zone, indicated in figures no. 13 and 14 following. Figure no. 13: Portland Region Overview of Environmental Biodiversity ( GSC 2015, p. 28) Figure no. 14: Bolwarra (South)/North Portland Environmental Biodiversity (GSC 2015, p.29) The northern end of the Bolwarra (South) investigation area has identified flora and fauna significance. Walook Swamp is located within the southern edge of the proposed Rural Living Zone. The Study Addendum notes that Page 17

22 the Environmental Significance Overlay- Schedule 2, Significant Wetlands and Walkways, applies only to public land within the Walook Swamp. The Study Addendum notes that there is sufficient space for any rural residential development to avoid impact on the swamp, and that the decision guidelines of the Rural Living Zone will be adequate to address water and environmental issues. This is supported by the decision to apply a minimum subdivision size of 4.0 hectares. There is also limited subdivision capability in this location. Both of these factors indicate that the identified flora and fauna significance of this area can be protected Practice Note 37 (p.6) requires that a land management plan may be required and should address issues where appropriate such as fire protection measures, responses to flood hazards, protection and enhancement of native vegetation, protection and enhancement of waterways, protection and stabilisation of soil, pest plants and domestic feral animal control and protection of areas of environmental significance The Study Addendum (p.32) comments on the fire hazard of the rural living investigation area, and concludes that the bushfire risk is not sufficient to make these areas unsuitable for rural living purposes. It also notes that the CFA were consulted during the preparation of the GSSS and notified during the exhibition of Amendment C In regard to flooding (ibid, p.33) Portland West is subject to a 1 in 100 year flood event (Wattle Hill Creek), and subject to the Floodway Overlay (FO) and Land Subject to Inundation Overlay (LSIO). The Study Addendum notes that there are a limited number of allotments covered by the overlays but which still have capability for development within the proposed Rural Living Zone. Figure no. 15: Flood Exposure for Portland West (GSC 2015, p.33) Riparian areas are noted in the Addendum (p.34) as important buffers along waterways and in Portland West, Portland North the rural living investigation Page 18

23 areas border Wattle Hill Creek. The Study Addendum asserts that the siting of development will be effectively managed by the Glenelg Planning Scheme, and specifically Clause which applies a 100m setback trigger for buildings and works from waterways, and the decision guidelines (ibid p. 34) The Study Addendum (p.34) notes that development within the proposed Rural Living investigation area not affected by any known salinity issues There is no specific reference in the Study Addendum to protection and stabilisation of soil, landslip and erosion and overall topography, however these matters were examined in the Glenelg Strategic Land Use Study ( 2010) Vol Landscape and Heritage values Practice Note 37 (p.6) requires that the proposal must include an adequate assessment of the locality s landscape and heritage values, and the potential impact of rural residential development on these values. Within the Portland rural living investigation areas two places are listed under the Heritage Overlay, which includes HO171- Briery (Portland West), 83 Bridgewater Road and HO121 Bluestone cobbles (Portland West), Kerrs Road. Inspection of these sites was completed by Council and the finding stated in the Study Addendum is that they do not restrict the proposed rezoning, and the management of any potential impact can be achieved by the decision guidelines of the Rural Living Zone and Heritage Overlay The Addendum (p.35) confirms that assessment of the Cultural Heritage within the Portland rural living investigation area showed no known Aboriginal Heritage items. (p.36) Consistent with the Cultural Heritage Management Act 2005 and Aboriginal Heritage Regulations 2007, single dwelling developments are exempt from the requirement of a Cultural Heritage Management Plan (CHMP), and while this does not preclude the need to respond to cultural heritage it does not restrict development within the Portland rural living investigation area Provision of social and physical infrastructure Practice Note 37 (p.6) requires that because rural residential is a form of residential use, some forms of community infrastructure and services should be provided. To determine the required level of these facilities, the practice note specifies that an assessment must adequately describe and discuss the availability of infrastructure (ie social facilities and services, schools, public transport, roads and waste disposal), the level and range of services which need to be provided, and the costs of additional services and how these costs are to be met. The Study Addendum (p.37) provides an assessment of the availability, and suggests that due to the proximity to Portland, the Portland rural living investigation area is able to access a full range of facilities and services. It also confirms that electricity, waste disposal and some reticulated sewerage is provided within these areas. The absence of reticulated water within Portland North, and the western half of Portland West was a deficiency which needed to be addressed (ibid, Page 19

24 p.54). Recent advice from Wannon Water (submission no.16) has indicated a capability to provide for services to this area. Within Bolwarra there is proximity to the social infrastructure within Portland (ibid p.55). The minimum allotment size of 4.0 hectares will provide adequate area for on-site waste management, and collection of water will, consistent with many existing Rural Living Areas in the Shire, be using onsite tanks Land Use Compatibility Practice Note 37 (p.7) requires the consideration of the appropriateness of interfaces to existing adjacent uses. It refers specifically to the need for rural residential development not to be provided without sufficient separation from uses requiring separation and buffer distances, other offensive uses, adverse noise levels, contaminated land, sensitive uses such as national parks, agricultural sprayed land, fire prone land and waste water, agriculture and horticulture. This information is required to be provided in a report and in a plan showing the context of the site The Study Addendum provides a basic level of information in this regard, and shows the interface of Industrial 2 Zoned land the Portland North and West rural living investigation areas (p.40). That these areas contain existing dwellings does not diminish the requirement for a detailed assessment of potential industrial interface impacts. Confirmation of potential off-site impacts and whether buffer distances are required from any existing industrial operations, is required. It is noted that Amendment C78 was exhibited with a 20 metre setback requirement to protect the gas pipeline and increase the separation to existing industrial uses. The interface of the Portland North rural living investigation area with the Walook Swamp is addressed previously in this witness statement. It is also noted that Council has recently commenced the preparation of the Portland Industrial Land Strategy, which will address sensitive interfaces and provide recommendations for their future treatment An assessment is provided within the Study Addendum of the interface conditions between the rural living investigation areas and key horticultural activities at Bolwarra which supports two farming industries being the Treloar Rose Farm and Portland Strawberry Farm.(GSC p.42). Both of these enterprises operate within an area which contains substantial rural residential development. The application of buffer distances of 200 and 400 metres in the Study Addendum is understood to be for the purposes of interface assessment, and does not represent a proposed buffer or protection area. The purpose of this assessment was to demonstrate that the proposed rezoning will not substantially increase the number of additional dwellings within proximity to the horticultural enterprises. Within 400 metres of the Treloar Rose Farm there will be no additional subdivision potential, and from the Strawberry Farm an additional 2 properties could be subdivided. (ibid, p.44). The now proposed minimum allotment size of 4.0 Page 20

25 hectares will also provide for adequate boundary setbacks, and protection of future dwellings from adjacent agricultural and horticultural activities Land Servicing Capability The requirement for an assessment of the physical capability of the land to sustain the rural residential development is noted in Practice Note 37 (p.7), and this includes the ability to manage wastewater, available water supply, adequate roads, and services such as electricity and telephone. The Portland rural living investigation areas have a capability to be provided with reticulated sewerage, although there is limited correlation between the sewerage districts and these areas. The Addendum (p.54) notes that the sewerage is partly available to West Portland, and that there is a high wastewater servicing capability. Within Bolwarra the Addendum notes that this area has a high wastewater servicing capability (ibid, p55). Digby is noted has having limited physical and community services (ibid, p.58). 3.3 Planning Practice Note 42: Applying the Rural Zones The practice note seeks to ensure that the most appropriate rural zones are used to achieve the rural strategic planning objectives of the Shire. These strategic planning objectives (DTPLI 2013, p.2) are consistent with the objectives of Planning Practice No.37: Rural Residential Development (2015). They do however supplement these objectives with reference to the need to maintain social networks and infrastructure, to protect existing visual and environmental qualities (DTPLI 2013, p.2) State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF) are the nominated starting point for determining whether the strategic objectives of the Council are still sound. (ibid, p.3). The discussion of the relevant policies in the Study Addendum to the Land Use Study (2015) provides evidence of this consideration ( GSC, pp.61 and 70) The Practice Note advises that new strategic work may not be required if the existing Municipal Strategic Statement addresses the key rural land use issues and adequately reflects the desired planning outcomes ( DTPLI 2013, p.3). Glenelg Shire Council has completed substantial work on the review of the MSS since An updated MSS has not yet been adopted, however Amendment C73 introduced 14 Structure Plans from the Glenelg Sustainable Settlement Strategy into the Glenelg Planning Scheme (Clause ). These structure plans include the candidate areas now the subject of the proposed rezoning to the Rural Living Zone The Practice Note also advises that if the MSS are no longer relevant, do not assist decision making, or if there are strategic gaps, new strategic work for part(s) of the municipality may be required ( ibid, p.3). The Glenelg Strategic Land Use Study (2010) and Land Use Study Addendum Version Page 21

26 2 (2015), and Glenelg Sustainable Settlement Strategy (2012) are relevant in providing background assessment and strategic directions for the proposed Rural Living Zone In considering the application of the Rural Living Zone, the Practice Note (ibid, p.4) notes that existing size or pattern of allotments should not be the sole basis of deciding to apply a particular zone. It highlights that multiple lots do not preclude their capability for productive use, and there are many factors which contribute to their suitability for rural uses. In regard to the rural living investigation areas while having been the subject of subdivision, they also meet with other criteria that deem them suitable for rural residential use The specified Rural Living Zone purpose includes to provide for agricultural uses which do not adversely affect the amenity of surrounding uses. ( ibid,p.6) The minimum subdivision size of 4.0 hectares will assist in this regard. It also seeks to protect and enhance the natural resources, biodiversity and landscape and heritage values of the area ( ibid, p.6). Again the minimum allotment size will assist with the achievement of this specified purpose The main features of the Rural Living Zone are noted in Planning Practice Note 42, include the potential for these lots to be quite large to maintain their capability for farming, even though it is acknowledged that this provide a supplementary source of household income. In the absence of adequate allotment size, the Practice note suggests the consideration of the Low Density Residential Zone. This would be inappropriate within the investigation areas, and severely impact on potential rural use, and natural resource values. The requirement for community infrastructure and services, while maintaining the agricultural capability of adjacent land, is a noted feature of land selected for this zone (ibid, p.11). The extent of existing occupied allotments, and acceptance by existing residents of the level of services currently available, is evidence that this requirement can be met In determining where the Rural Living Zone should be applied, candidate areas are identified where rural land has predominantly a residential function, farming if it exists is subordinate to the residential function, and residents are protected from incompatible uses and have access to most of the services and infrastructure provided in urban area ( ibid,p.14). The Practice Note summarises these requirements with the statement that: Possible Rural Living Areas include: rural areas that have been substantially subdivided and developed for dwellings in proximity to an urban area or township with a range of urban services and infrastructure. ( ibid p. 14). This effectively describes the candidate areas, even though these areas have a limited range of urban services and infrastructure. Clause of the Glenelg Planning Scheme also notes the need to ensure land is only zoned for rural living or rural residential development where it: Page 22

27 It is located close to existing towns and urban centres, but not in areas that will be required for fully serviced urban development. Can be supplied with electricity and water and good quality road access. (State Planning Policy Framework-Clause 16 p.4 of 5) The physical characteristics of the candidate Rural Living Zone, and the existing pattern of land use and development have not supported its potential consideration for fully serviced urban development. The potential impact on the landscape character and natural resource values and the existing agricultural activities on adjacent land, limit the capability of the candidate areas for urban development. The availability of electricity and potentially reticulated water have also been considered in the nomination of the sites. 3.4 Glenelg Sustainable Settlement Strategy ( 2012) The Glenelg Sustainable Settlement Strategy (2012) was completed by Glenelg Shire Council to provide strategic directions for the regional centre of Portland, the district towns of Heywood and Casterton and the smaller rural settlements of Bolwarra, Dartmoor, Digby, Merino, Narrawong, Nelson and Sandford. The Strategy sought to build on the existing assets of these settlements, recognise the existing constraints and opportunities and to encourage economic and community development. Figure no. 16 GSSS Portland The rural living investigation areas adjoin the major settlements and townships of the Shire. Planning Practice Note 37 : Rural Residential Development (2015) DELWP specifies that Rural Living should directly adjoin residential zones (General Residential Zone, Township Zone, Low Page 23

28 Density Residential Zone) or existing Rural Living Zone. (Study Addendum 2015, p.18) The GSSS sought to improve the current land management by addressing inconsistency with the existing zoning, and the considerable subdivision which has occurred within the Rural Conservation Zone 2. With reference to Amendment C78, this is particularly in regard to the north, north-west and south-west of Portland, and north of Bolwarra. The GSSS also proposed the investigation of the Rural Living Zone to other settlements within the Shire, however these are not the subject of Amendment C78. Within the areas proposed for inclusion in the Rural Living Zone, the GSSS sought to create open landscape character by requiring generous setbacks dwellings, roads and site boundaries. This is recognised as a broad strategic direction, and would be supported by more specific requirements of the Glenelg Planning Scheme. Figure no.17: GSSS Portland RCZ2 Amendments The Land Use Study Addendum (2015) references the GSSS (p.74) and the key directions regarding the rezoning of land for Rural Living purposes. It also notes the objective of maintaining an open landscape character within this zone, which is now further supported by the proposed subdivision minimum allotment size of 4.0 hectares. Page 24

29 4. Site Assessment The investigation areas were inspected on Thursday 2 nd July 2015, by driving along the nearest roads allowing views into or towards the areas proposed for inclusion within the Rural Living Zone. This was not a detailed inspection but provided the witness with an overview of the areas, their context, key characteristics and where relevant the basis of concerns raised by submitters. Some of the sites which were also the subject of submission about which comments are provided in the following section, were included in the inspection. The investigation areas were examined in regard to the following: the current land use at the interface of the proposed Rural Living Zone; areas of potential sensitivity such as the areas of flora and fauna significance along the northern edge of the Bolwarra area; buffer areas around the key horticultural activities of the Treloar Rose Farm and Portland Strawberry Farm; and the overall visual quality and sensitivity of these to future development. This inspection provided for confirmation of the information provided in the background reports, and no conclusions are made based on primary data obtained during this visit. 4.1 Bolwarra North The northern most area along Levetts Road has a modest extent, which on the south side of this roads is similar in character to the Rural Living Zone immediately to the south. There is limited scope for new subdivision within this area The larger area of Bolwarra North south of Keillers Road has areas which are used for horticulture, and open grazing areas. Vegetation is significant both along roadsides and within these properties. The quality of the roadside vegetation along Rivetts Road is exceptional and contributes substantially to the overall visual quality and character of the area. On the north side of Keillers Road, is limited new subdivision capability, and there is significant horticultural activity. Some capability for new subdivision exists on the south side of Rivetts Road, and this area although visible from portions of the Princes Highway has an elevated background to assist with the visual absorption of new development. Page 25