See below section of a large document submitted by the shire for signing by DSE and the minister. It is not available on the DSE web as it is suppose to be confidential - we have copies of the entire document changing various clauses to the planning schemes, mostly it is asking for a two year halt on all development so council can work on their strategy.
Everybody needs to write to the minister urgently and get this stopped.
Planning and Environment Act 1987
WELLINGTON PLANNING SCHEME
AMENDMENT C48
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by GHD Pty Ltd on behalf of the Wellington Shire Council. The planning authority for this amendment is the Minister for Planning.
The amendment has been made at the request of the Wellington Shire Council.
Land affected by the amendment.
The amendment applies to land along the Ninety Mile Beach between The Honeysuckles and Paradise Beach, as shown on the attached Precinct Plans.
What the amendment does.
The amendment introduces reference to the ‘Wellington Coast Subdivision Strategy: The Honeysuckles to Paradise Beach, February 2007’ in the MSS and incorporates the key strategies of that document as policy under Clause 21.04. This Strategy is included as a reference document in Clause 21.09.
The amendment includes a new local policy, “Ninety Mile Beach Policy”, in Clause 22.08.
The amendment also adds an incorporated document, ‘Ninety Mile Beach Use, Development and Subdivision Controls’ to Clause 52.03 and list its inclusion within the Schedule of Clause 81.01.
Strategic assessment of the amendment
· Why is the amendment required?
The coastal subdivisions of the Ninety Mile Beach have for many years been considered inappropriate due to a lack of infrastructure and environmental factors. Although some lots are developed, a full development scenario would have significant and unacceptable impacts on the coastal and lakes environment. Various approaches to restricting development have been initiated over the last three decades with limited success and with continued uncertainty for landowners. The area is likely to be under increasing development pressure in the future. Planning and management reforms are needed and land ownership issues need resolution.
The Shire of Wellington adopted the ‘Wellington Coast Subdivision Strategy: The Honeysuckles to Paradise Beach, February 2007’ to assist with resolving these issues. This strategy provides a preferred settlement structure for the Wellington Coast between Paradise Beach and The Honeysuckles, as a way to encourage development that responds appropriately to environmental values and community needs. This amendment aims to implement the strategy by including its key strategies as policy in the Wellington Planning Scheme.
Through the implementation of this policy, the Wellington Coast will provide for the settlement, recreation, tourism and environmental aspirations of the community. Settlement patterns and development outcomes will respond to the values and capacities of the natural environment, the cost of infrastructure, and will seek to include equitable solutions for all ratepayers and landowners in the Shire.
In February 2007 the Victorian Government established a Project Control Group to examine the implications and options available for implementing the Strategy and recommend an appropriate response. The Project Control Group is due to deliver its recommendations to Government at the end of 2007. In the interim, however, Council has refused several planning permits in line with the Strategy, which are now the subject of appeals to VCAT. Council wishes to amend the Planning Scheme to ensure adequate policy and regulatory reference to the Strategy to further support its discussions on planning permits.
The amendment to Clause 52.03 provides an interim means of development control to ensure that development along Ninety Mile Beach will not compromise the orderly planning until the Planning Control Group recommendations have been finalised and appropriate long term planning controls are in place.
· How does the amendment implement the objectives of planning in Victoria?
The amendment will implement the following objectives of planning in Victoria under Section 4 of the Planning and Environment Act 1987:
4(1)(a) to provide for the fair, orderly, economic and sustainable use, and development of land;
4(1)(b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity;
4(1)(c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria;
4(1)(d) 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;
4(1)(e) to protect public utilities and other assets and enable the orderly provision and co-ordination of public utilities and other facilities for the benefit of the community;
4(1)(f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e);
4(1)(g) to balance the present and future interests of all Victorians.
The amendment implements these objectives of planning in Victoria by encouraging orderly development that responds appropriately to environmental values and that minimises adverse impacts on the coastal and lakes environment. It also aims to provide and improve access to utilities, community services and infrastructure where appropriate.
· How does the amendment address the environmental effects and any relevant social and economic effects?
The amendment addresses the environmental effects by encouraging orderly development that responds appropriately to environmental values and that minimises adverse impacts on the coastal and lakes environment. The inclusion of precinct plans to the Ninety Mile Beach Policy provides for the environmental management of areas that are subject to inundation, that have coastal values and that have not been substantially modified. These areas will be protected from inappropriate subdivisions and unserviced development.
The amendment addresses social and economic effects by focusing development in defined urban nodes. This would improve access to utilities, community services and infrastructure where it is deemed appropriate. The amendment also aims to provide for recreation, tourism and related commercial activities in designated areas.
· Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?
This explanatory report addresses the requirements of Ministerial Direction No. 11 – Strategic Assessments of Amendments.
The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.
· How does the amendment support or implement the State Planning Policy Framework?
The amendment directly supports and implements the SPPF, in particular Clauses 14.01, 15.02, 15.08 and 18.09. The objectives of these clauses are:
Clause 14.01 – Planning for urban settlement
To facilitate the orderly development of urban areas.
Clause 15.02 – Floodplain management
To assist the protection of:
§ Life, property and community infrastructure from flood hazard.
§ The natural flood carrying capacity of rivers, streams and floodways.
§ The flood storage function of floodplains and waterways.
§ Floodplain areas of environmental significance.
Clause 15.08 – Coastal Areas
To protect and enhance the natural ecosystems and landscapes of the coastal and marine environment.
To ensure sustainable use of natural coastal resources.
To achieve development that provides an environmental, social and economic balance.
To recognise and enhance the community’s value of the coast.
Clause 18.09 – Water supply, sewerage and drainage
To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment.
· How does the amendment support or implement the Local Planning Policy Framework?
The amendment supports the MSS by including a reference to the ‘Wellington Coast Subdivision Strategy: The Honeysuckles to Paradise Beach, February 2007’ within the relevant Clauses 21.04 and 21.09. The existing MSS already provides guidance in regard to managing coastal development, however it needs to be strengthened with additional references to the preferred settlement structure for the Wellington Coast between Paradise Beach and The Honeysuckles. This encourages development that responds appropriately to environmental values and community needs.
The amendment strengthens the Local Planning Policy Framework by including a new local policy: the Ninety Mile Beach Policy. This policy applies to the use, development and subdivision of land along the Ninety Mile Beach between The Honeysuckles and Paradise Beach, as shown on the precinct plans included in this new Clause 22.08. The policy provides guidance on managing the use, development and subdivision of land in accordance with the Wellington Coast Subdivision Strategy.
· Does the amendment make proper use of the Victoria Planning Provisions?
The amendment makes proper use of the Victorian Planning Provisions. The inclusion of the ‘Wellington Coast Subdivision Strategy: The Honeysuckles to Paradise Beach, February 2007’ as a Reference Document is an appropriate mechanism for controlling land use and development in accordance with this strategy.
The use of Clause 52.03 and the associated incorporated document is an appropriate means of controlling development in the interim until such a time as appropriate zoning can be implemented.
· How does the amendment address the views of any relevant agency?
The amendment is generally in accordance with the Wellington Coast Subdivision Strategy, which was developed with consideration of community feedback from extensive discussions and consultation with landowners, residents and other interested community groups.
The Wellington Coast Subdivision Strategy was developed in accordance with the relevant coastal planning and management principles of the Victorian Coastal Strategy, 2002 prepared by the Victorian Coastal Council, and the Gippsland Coastal Board’s Coastal Action Plans.
The amendment also addresses the views of the Department of Sustainability and Environment by giving due consideration to its Coastal Spaces Recommendation Report.
· What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?
The amendment will not cause detrimental impact on the resource and administrative costs of Council as existing zones and overlays already trigger the need for permit applications. The amendment will provide clearer policy and decision guidelines for the assessment of applications within the area, and in this way may reduce resource and administrative costs for the responsible authority.
Where you may inspect this Amendment.
The amendment is available for public inspection, free of charge, during office hours at the following places.
Department of Sustainability and Environment
Planning Information Centre
Ground Floor
8 Nicholson Street
East Melbourne 3002
Department of Sustainability and Environment
Gippsland Regional Office 71 Hotham StreetTraralgon VIC 3844
Wellington Shire Council
Port of Sale Civic Centre
70 Foster Street
Sale 3850
Wellington Shire Council
Yarram Customer Service Centre
156 Grant Street
Yarram 3971
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