Planning and Environment Act 1987 MELTON PLANNING SCHEME AMENDMENT C100 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Melton City Council which is the planning authority for this amendment. The amendment has been made at the request of Melton City Council. Land affected by the amendment The amendment applies to various parcels of land within the municipality. It is proposed to include 140 dry stone walls into the Schedule of the Heritage Overlay. Five dry stone wall precincts and two individual walls are proposed to be included in the Schedule to the Heritage Overlay. The Precincts identify the general location of walls however, the Heritage Overlay will apply only to specific walls and a 5 metre buffer either side of these walls within a Precinct as identified on the proposed Heritage Overlay Planning Scheme Maps which form part of this amendment. What the amendment does The amendment implements the findings of the Melton Dry Stone Wall Study by amending the Schedule to Clause 43.01 Heritage Overlay to include 140 dry stone walls. The amendment also inserts a new local planning policy and a new Incorporated Document . The amendment: Amends the Schedule to Clause 43.01 Heritage Overlay to include 140 dry stone walls. Inserts a new local planning policy, Clause 22.14 Dry Stone Walls into the Melton Planning Scheme. Amends the Schedule to Clause 81.01 to include the City of Melton Dry Stone Wall Study Volume 3 Statements of Significance as an Incorporated Document in the Melton Planning Scheme. Amends Planning Scheme Maps 2HO, 6HO, 9HO, 12HO, 13HO, and 14HO. Strategic assessment of the amendment Why is the amendment required? The amendment is required to give effect to the recommendations contained within the Melton Dry Stone Walls Study 2011. The inclusion of the dry stone walls within the Heritage Overlay will assist in protecting the walls that have been identified as being of local heritage significance. The introduction of a new local policy at Clause 22 will provide guidance for the assessment of any planning permit applications that affect dry stone walls in the municipality. How does the amendment implement the objectives of planning in Victoria? The amendment implements the objective ‘to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest or otherwise of special cultural value’ as set out in section 4(1)(d) of the Planning and Environment Act 1987. The amendment seeks to achieve this objective by protecting the heritage values of the dry stone walls which have been identified as being of significance in the municipality. How does the amendment address any environmental, social and economic effects? The amendment will not have any adverse environmental impact as it will protect places of historic significance. The amendment will have a positive social effect through the preservation of historically significant places for future generations. Heritage places contribute to the character, amenity and identity of the City of Melton and enhance its appeal as a place to live, work and visit. The protection of these structures of cultural significance is therefore expected to have positive social benefits for the community. Does the amendment address relevant bushfire risk? The amendment will not result in any increase in the risk to life, property, community infrastructure or the natural environment from bushfire. Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The following Ministerial Directions are relevant to this amendment: Ministerial Direction: The Form and Content of Planning Schemes The amendment is consistent with this Ministerial Direction. Ministerial Direction 9: Metropolitan Strategy The amendment is consistent with the Metropolitan Planning Strategy, Plan Melbourne. In particular the amendment supports Direction 4.7 - Respect our heritage as we build for the future. Ministerial Direction 11: Strategic Assessment Guidelines The amendment has been assessed against Ministerial Direction 11 and it is considered to comply, as detailed in the Explanatory Report. Ministerial Direction 15: The Planning Scheme Amendment Process The amendment will comply with the timelines in this Ministerial Direction. How does the amendment support or implement the State Planning Policy Framework and any adopted State policy? The amendment is consistent with the following provisions of the State Planning Policy Framework: Clause 10 - Operation of the State Planning Policy Framework The goal at Clause 10.02 states that: The State Planning policy Framework seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. Clause 10.02 sets out seven general principles that must be considered by a planning authority when preparing a planning scheme. The general principle relating to the heritage makes particular reference to the need to: To conserve and enhance those buildings, areas or other areas which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value. The application of the heritage overlay to dry stone walls in the municipality will help to preserve and enhance these structures of historical significance. 15.01-5 Cultural identity and neighbourhood character The objective of Clause 15.01-5 is: To recognise and protect cultural identity, neighbourhood character and sense of place. The strategies include: Ensure development responds and contributes to existing sense of place and cultural identity. Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation. Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising: The underlying natural landscape character. The heritage values and built form that reflect community identity. The values, needs and aspirations of the community. Dry stone walls are part of the City of Melton’s cultural identity and contributes to its sense of place. The preservation of these walls will contribute to the retention of an important aspect of the City’s history, and its connection with the volcanic plains and cones. Clause 15.03 – Heritage The objective of Clause 15.03-1 Heritage Conservation is: To ensure the conservation of places of heritage significance. The Heritage Strategies include: Identify, assess and document places of natural and cultural significance as a basis for their inclusion in the planning scheme. Provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value. Ensure an appropriate setting and context for heritage places is maintained or enhanced. Dry stone walls have been identified in the Melton Dry Stone Wall Study and the Melton Heritage Study as being an important element of the City of Melton’s historical development, and therefore it is appropriate to conserve and enhance these structures for the benefit of the community. How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? Clause 21.03-2 of the Melton Planning Scheme sets out Council’s Planning Objectives to be achieved via the Municipal Strategic Statement (MSS). The MSS outlines a number of visions and objectives for the municipality, with one of these objectives being the need to ‘protect and enhance areas of environmental, historical and cultural significance and sensitivity.’ The amendment is consistent with this objective, as it is seeking to protect structures which form an important part of the City of Melton’s historical development. Does the amendment make proper use of the Victoria Planning Provisions? The application of the Heritage Overlay controls is the most appropriate tool to protect the dry stone walls identified in this amendment. The purpose of the Heritage Overlay is: To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places. The amendment will support the objectives of the overlay by implementing the heritage protection of dry stone walls which have been identified as having heritage significance and value to the community. How does the amendment address the views of any relevant agency? The preparation of the amendment has been undertaken in consultation with Heritage Victoria and Department of Environment, Land, Water and Planning (DELWP). The comments and advice of both agencies have informed the preparation of this amendment. The exhibition of the amendment will provide additional opportunities for any agency to make a submission in respect to the proposal. Does the amendment address relevant requirements of the Transport Integration Act 2010? The requirements of the Transport Integration Act 2010 (VIC) are not relevant to this amendment. Resource and administrative costs What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The amendment will not add significantly to the resource and administrative costs of Council. The amendment will result in the need for access to the services of a Heritage Advisor by both Council officers and the community. However, this is already occurring in the absence of formal protection of the dry stone walls. The amendment will result in a small increase in the number of planning applications to Council as the Heritage Overlay controls trigger permits for various buildings and works. Where you may inspect this Amendment The amendment is available for public inspection, free of charge, during office hours at the following places: Melton Civic Centre 232 High Street Melton Caroline Springs Civic Centre/Library 193-201 Caroline Springs Blvd Caroline Springs The amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.dtpli.vic.gov.au/publicinspection Submissions Any person who may be affected by the amendment may make a submission to the planning authority. Submissions about the amendment must be received by 7 August 2015. A submission must be sent to: Manager Planning and Environment Melton City Council PO Box 21 Melton VIC 3337 Panel hearing dates In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing dates have been set for this amendment: directions hearing: the week commencing 12 October 2015. panel hearing: the week commencing 9 November 2015.
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