D16/18529 - Home - Colac Otway Shire

15 March 2016

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Planning Panels Victoria

D16/18529

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Planning and Environment Act 1987

Panel Report pursuant to Section 25 of the Act I

Colac Otway Planning Scheme Amendment C78

Residential Development at Harris Road, Elliminyt I

15 March 2016 1

Ian Gibson, Chair

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Colac Otway Planning Scheme Amendment C78 I Panel Report 15 March 2016

I Contents

I Page

Executive Summary ............................................................................................................ 1 Introduction .............................................................................................................1

1,1 The subject land and surrounds ..............................................................................1

I 1.2 Background to the proposal ....................................................................................3 1.3 Issues dealt with in this report ................................................................................4

U 2 Planning Context ......................................................................................................5

2.1 Policy framework.....................................................................................................5 2.2 Planning scheme provisions ....................................................................................7

1 2.3 Ministerial Directions and Practice Notes...............................................................9 2.4 Discussion ................................................................................................................9

I 3 Strategic justification of the Amendment................................................................10

3.1 The issue................................................................................................................10

U 3.2 Submissions ...........................................................................................................10 3.3 Discussion and conclusions ...................................................................................11 3.4 Recommendations.................................................................................................12

4 Infrastructure and services......................................................................................13

4.1 The issue................................................................................................................13

I 4.2 Submissions ...........................................................................................................13 4.3 Discussion and conclusions ...................................................................................15

IAppendix A List of Submitters

Appendix B Document List

I List of Figures Page

IFigure 1 Location of subject land ..........................................................................................2

Figure 2 Area proposed for rezoning ....................................................................................3

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U List of Abbreviations I

CCMA Corangamite Catchment Management Authority

COS Colac Otway Shire I

DD017 Design and Development Overlay Schedule 17

FZ Farming Zone

GRZ1 General Residential Zone Schedule 1

1DM Infrastructure Design Manual

LPPF Local Planning Policy Framework

MSS Municipal Strategic Statement

SLO1 Significant Landscape Overlay Schedule 1

SPPF State Planning Policy Framework

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Planning Panels Victoria i

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I Overview HI

Colac Otway Planning Scheme Amendment C78 Panel Report 115 March 2016

I T h e Amendment Colac Otway Planning Scheme Amendment C78

Common Name Residential Developmental Harris Road, Elliminyt

ISubject Site 14.03 hectares of land, Lot 1 on Title Plan 3264940 (C/T8148/725), and part of Lot 2 PS529787 which contains the former Beechy Line

I railway reserve. The land fronts Harris Road, Elliminyt, and extends to the south and east with the former Beechy Line rail trail as the boundary

1 The Proponent Brian Consulting and Rod Bright and Associates Pty Ltd, on behalf of Mr Brendan Scanlan and Mrs Roslyn Scanlan

Planning Authority Colac Otway Shire Council

Authorisation 10 July 2015

• Exhibition 17 September 2015 to 30 October 2015

Submissions Following exhibition, six submissions were received:

I - Four from agencies supportive of the Amendment

- One from a submitter who subsequently withdrew the submission

I - One from a submitter who objected to the Amendment

The Panel Ian Gibson (Chair)

IDirections Hearing Colac Otway Shire Council office, 1 February 2016

Panel Hearing Colac Otways Performing Arts and Cultural Centre (COPACC),

I G e l l i b r a n d Street, Colac, 25 February 2016

Site Inspections Unaccompanied, 1 and 25 February 2016

I Appearances Ms Katy Bright of the firm Rod Bright and Associates Pty Ltd,

I representing Brendan Scanlan and Roslyn Scanlan Mr Geoff Alexander, Strategic Planner, and Ms Suzanne Barker,

I Coordinator Strategic Planning, representing Colac Otway Shire Council

Ms Rebecca Lang, representing Andrew and Rebecca Lang

1 Date of this Report 15 March 2016

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I Executive Summary (i) Summary

Colac Otway Planning Scheme Amendment C78 was prepared by Colac Otway Shire Council I

as Planning Authority, at the request of the owners of the subject land. The Amendment proposes to: • Amend Clause 21.03 Settlement to include the subject land within the town's settlement

boundary in the Colac Settlement Framework • Rezone the land from Farming Zone (FZ) to General Residential 1 Zone (GRZ1) • Delete the Significant Landscape Overlay Schedule 1 (SLO1) from the subject land • Apply a new Design and Development Overlay Schedule 17 (DDO17) to the land to

require a permit for fences above 1.2 metres in height on lots which abut a public open I

space.

The Amendment results from a recommendation of the Panel which considered Amendment C55 to the Colac Otway Planning Scheme, based on a Planning Scheme review in 2007 and 2008. The Amendment C55 Panel provided support for consideration of a rezoning of the Proponent's land in a follow-on amendment, which became Amendment C78. I

The C78 Panel has reviewed the policy context, and found that the Amendment is supported by, and implements, the relevant sections of the State and Local Planning Policy Framework.

The Panel has assessed the supply and demand for residential land in Colac and Elliminyt, because there is a dramatic difference between the apparent gross over-supply of residential zoned land that influenced the thrust of the Colac Structure Plan in 2007, and a perceived medium-term shortage in 2016. The Panel has accepted the analysis provided by the Proponent that justifies the limited extension in Colac's town boundary and rezoning of land proposed by Amendment C78.

Considerable discussion took place at the Hearing on safety and amenity aspects of infrastructure in existing sections of Wyuna Estate, which was initially developed in a way which avoided an urban feel. This has led to a backlog of infrastructure provision, such as footpaths and cycle connections. The Panel accepts that there is potential for the current 'Colac 2050' planning process to address the infrastructure issues in Elliminyt.

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The Panel has not made any recommendation about planning, funding and constructing infrastructure to address the current backlog, because it is beyond the scope of Amendment I C78. However, the Panel strongly encourages Council to work with the local community, landowners and their representatives in addressing the apparent shortcomings in safety and amenity arising from the infrastructure backlog, as part of the Colac 2050 process.

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(ii) Recommendation

Based on the strong support for the follow-on amendment by the Amendment C55 Panel I

report and the sound assessment of residential land supply and demand.The Panel recommends: I Colac Otway Planning Scheme Amendment C78 be adopted as exhibited.

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Colac Otway Planning Scheme Amendment C78 Panel Report I 15 March 2016

I I i Introduction

Colac Otway Planning Scheme Amendment C78 (the Amendment) was prepared by Colac

I Otway Shire Council as Planning Authority. The Amendment has been made at the request of Brian Consulting and Rod Bright & Associates Pty Ltd on behalf of Mr Brendan Scanlan and Mrs Roslyn Scanlan, the owners of the subject land. The Amendment proposes to:

I . Amend Clause 21.03 Settlement to include the subject land within the town's settlement boundary in the Colac Settlement Framework

• Rezone the land from Farming Zone (FZ) to General Residential 1 Zone (GRZ1)

I . Delete the Significant Landscape Overlay Schedule 1 (SLO1) from the subject land • Apply a new Design and Development Overlay Schedule 17 (DDO17) to the land to

require a permit for fences above 1.2 metres in height on lots which abut a public open space.

1.1 The subject land and surrounds

I T h e Amendment applies to 14.03 hectares of land, Lot 1 on Title Plan 326494Q (C/T8148/725), and part of Lot 2 P5529787 which contains the former Beechy Line railway

I reserve.

The Proponent's submission to the Panel provided the following description of the land:

I The site directly adjoins the existing 'Wyuna' residential estate, on its western side, which comprises approximately 147 lots, most of which contain dwellings, three reserves and a current planning permit is in place for a 110 lot staged subdivision (PPA78-2014), for which development o f stages 1 & 2 will commence within the next year.

I The land is bounded to the east and south by a section o f previous railway line land, known as the Old Beechy Railway. The railway land is privately and separately owned by the proponents, however is currently in the process of

I being transferred into the subject land by subdivision and consolidation to facilitate its future handover to Colac Otway Shire as public open space, should amendment C78 (and future subdivision) proceed.

ITopography is gentle with mild slopes towards the existing Wyuna Estate and Harris Road. The land orientated towards the east and south-east and steeper

I slopes are evident along the land's outer edges, sloping downhill towards the Beechy Line former railway formation, and Baron garook Creek, below.

This pocket o f land is on the south-east outskirts o f Elliminyt. Elliminyt itself could be described as a residential suburb o f Colac, however both Elliminyt and Co/ac (including Co/ac East & West) are intrinsically inter/inked and are

I generally considered, together, to comprise the 'city' o f Co/ac with a current population of approximately 12,285 people (Forecast id / Co/ac Otway Shire). Elliminyt has a population o f 3657.

IElliminyt's development originated as an attractive residential location with its higher elevation enabling views over Colac and particularly to Lake Co/ac and

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I the wider volcanic landscape. It was somewhat separated from the main CBD and Co/ac residential areas due to both the presence of significant areas of intervening land subject to inundation or flooding, which was deemed historically unsuitable for residential development. The suburb was also the prime development area o f the previous 'Shire' of Co/ac, as distinct from Colac City Council, and was subject to differing governance prior to amalgamation in 1998. Today however, it is a favoured residential area, particularly for families, as the lots are historically large - exceeding 900m2 and the area is I described as quiet and peaceful by those who live there.'

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7— 57 e ~-X 6 .---

Figure 1: Location o f subject land

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Proponent submission p. 3

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I COLAC OTWAY PLANNING SCHEME

LOCAL PROVISION

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I LEGEND Part of Planning Scheme Maps 11 & 16

I GRZ1 GENERAL RESIDENTIAL ZONE - SCHEDULE I

Figure 2: Area proposed for rezoning

I 1.2 Background to the proposal The initial stages of the neighbouring Wyuna Estate commenced in 1984. The proposal to extend the Wyuna Estate into the subject land relating to the current Amendment C78 was

Idescribed by the Proponent as follows:

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I Colac Otway Planning Scheme Amendment C78 I Panel Report 115 March 2016

I The extension to the Wyuna Estate was originally put forward via a submission (represented by Brendan Howard of Urbanomics), to Amendment C55 in 2008 which considered the introduction o f the Co/ac Structure Plan. Following the recommendations o f the planning panel, the formal amendment request was made in 2013 by Brian Consulting Pty Ltd. I

The intervening time lag resulted from ongoing negotiations with Colac Otway Shire regarding the transfer of ownership of the Beechy Line rail trail - at this time, it was considered to be a maintenance burden and COS felt unable to accept responsibility for the land. Other issues requiring clarification included the abuttal o f the future roads to open space initially proposed adjacent to the existing Beechy Line. These matters were resolved and the amendment request proceeded...

Colac Otway Shire resolved to seek authorisation from the Minister to prepare I

the amendment in November 2013. Some deliberation regarding the most appropriate overlay controls having regard to matters raised by the C55 panel then ensued by COS.

Additional matters were tested by Council officers, and secondary engineering advice was obtained regarding storm water and potential road network design. Further negotiations were held regarding the basis fo r transferring the Beechy Line trail land to COS. The Co/ac Otway Shire Public Open Space Strategy was incorporated into the planning scheme during this timeframe by C75 (September 2014).

Following changes in planning staff, the amendment again stalled, however I

after reaching consensus the amendment was progressed, with Council resolving to exhibit the amendment in July 2015.

The amendment panel hearing has culminated from 8 years work and negotiations from both the Scanlans and Co/ac Otway Shire, in order to achieve the best outcomes for the land as intended by the planning policy 1 framework, but also as residents living within their expanding residential community.2

1.3 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 as well as its observations from inspections of the subject land. I

This report deals with the issues under the following headings: • Planning Context • Strategic justification of the Amendment • Infrastructure and services.

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2 Planning Context Council provided a response to the Strategic Assessment Guidelines as part of the

I 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.

1 2.1 Policy framework

I (i) State Planning Policy Framework

The following clauses of the State Planning Policy Framework (SPPF) are relevant to the

I Amendment:

Clause 11.02: Urban Growth - Supply of urban land, which has the objective to ensure a sufficient supply of land is available for residential and other community uses. Strategies

' include: • Ensure the ongoing provision o f land and supporting infrastructure to

support sustainable urban development.

I • Ensure that sufficient land is available to meet forecast demand. • Plan to accommodate projected population growth over at least a 15

I year period and provide clear direction on locations where growth should occur...

Clause 11.02-4 Sequencing of development, which has the objective to manage the

Isequence of development in growth areas so that services are available from early in the life of new communities. Strategies include:

I . Define preferred development sequences in growth areas to better coordinate infrastructure planning and funding.

• Ensure that new land is released in growth areas in a timely fashion to

I facilitate coordinated and cost-efficient provision o f local and regional infrastructure.

' Clause 11.03-1 Open space planning, which has the objective to assist creation of a diverse and integrated network of public open space commensurate with the needs of the community, and a range of strategies including:

I . Plan for regional and local open space networks for both recreation and conservation of natural and cultural environments.

. Ensure that open space networks:

I - Are linked through the provision of walking and cycle trails and rights o f way.

- Are integrated with open space from abutting subdivisions...

I . Ensure land identified as critical to the completion o f open space links is transferred fo r open space purposes.

I Clause 11.05-4: Regional planning strategies and principles, which promotes the sustainable growth and development of regional Victoria through a network of settlements

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I identified in the Regional Victoria Settlement Framework plan, and identifies Colac as a regional centre to support sustainable development. I

Clause 11.07 Geelong (G21) regional growth and Clause 11.07-1 Planning for growth, which aims to optimise infrastructure and consolidate growth. Strategies include support for the growth of Colac (amongst other towns) as a district town by building on existing and planned infrastructure, and focussing growth along key road and rail networks. Strategies also include:

Plan for Co/ac and Winchelsea as new targeted growth nodes.

Clause 15.01-1 Urban design, which has the objective to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

Clause 15.01-4 Design for safety, which has the objective to improve community safety and encourage neighbourhood design that makes people feel safe, and strategies which include:

• Support initiatives that provide safer walking and cycling routes and improved safety for people using public transport. I

Clause 16.01-1 Integrated housing, which has the objective to promote a housing market that meets community needs, and strategies which include:

• Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns. I

Council submitted that the Amendment is supported by these clauses in the SPPF by: • providing sufficient land supply to meet future housing demand • allowing for the future increase in housing supply which adjoins an existing residential

area • creating and opportunity to enhance Elliminyt's open space networks with the future use

of the Beechy Rail trail for public open space purposes • ensuring that the design of fencing maintains passive surveillance of a future public open

space reserve and is designed in a way which is open and transparent. I

(ii) Local Planning Policy Framework

The following clause of the Local Planning Policy Framework (LPPF) is relevant to the Amendment:

Clause 21.03-1 Settlement - General, which identifies Colac as the major regional centre in the Shire for residential and other facilities. It references the February 2007 Structure Plan for Colac, specifically referring to 'a township boundary to clearly identify the extent of future development and enable the protection o f valuable farming land that surrounds the township' and 'provision o f a secondary commercial node to cater for the growing area of Elliminyt'.

Colac Otway Shire Council submitted that the Amendment supports the LPPF by ensuring that there is sufficient fully serviced residential land to meet the needs of the existing and future population. I

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2.2 Planning scheme provisions

I ( i ) Zones

The Amendment proposes to rezone the subject land from the Farming Zone (FZ) to General

IResidential Zone Schedule 1 (GRZ1).

I (ii) Overlays

The Amendment proposes to delete the Significant Landscape Overlay Schedule 1 (SLO1) from the subject land, and apply a new Design and Development Overlay Schedule 17

I (DD017) to the land to require a permit for fences above 1.2 metre in height on lots which abut a public open space.

I SLO1 applies to the 'Valleys, Hills and Plains Landscape Precinct'. It aims to preserve the character of the Shire's natural features, including remnant vegetation, wildlife habitat, wetland areas, waterways and volcanic cones. The proposed DD017 applies to the Wyuna

' Estate Area, with the following Design Objectives: To provide a low fenced or unfenced rural landscape character along public open space reserves.

I • To ensure passive surveillance o f public open space reserves.

During the Panel Hearing, Council stated that continuing discussions were being held with

I the developer on the interface between the proposed development and the Beechy Line rail trail. On behalf of Council, Mr Alexander explained that the need for DD017 would depend on the outcome of these discussions - if passive surveillance of the trail is provided by

I frontages from the development, DD017 may not be required. However, if the trail is addressed by rears of properties, the low fenced or unfenced interface would be required.

There were no submissions opposing the deletion of SLO1 and inclusion of DD017 in the Amendment. The Panel accepts these changes, and the issue is not addressed further in this report.

(iii) Other planning strategies

Colac Otway Shire Council submitted that a range of other land use planning strategies were relevant to the Amendment. These included:

Colac Structure Plan (2007)

The Colac Structure Plan was adopted by Colac Otway Shire Council in February 2007, and forms the basis of much of the Colac Otway Planning Scheme relating to Colac and Elliminyt. It was reviewed by the Panel appointed to consider Amendment C55, which issued its report in September 2008.

The Plan anticipated low growth in population and dwellings, and did not identify any

Imedium to long term growth beyond existing town boundaries. However, the Amendment C55 Panel recommended that the plan be reviewed to check some of its underlying assumptions.

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1 G21 Regional Growth Plan (2013) and G21 Residential Land Supply Monitoring Project (2013) I The G21 Regional Growth Plan was described by Council in its submission as follows:

The G21 Regional Growth Plan adopted by all 5 municipal councils and implemented through Clause 11.07 o f their respective planning schemes, identifies Co/ac as a growth node for the region with an aspirational target population of 20,000 by 2050. 1

The Regional Growth Plan was informed by a Residential Land Supply analysis commissioned by G21. The Land Supply analysis noted that Colac in 2013 had approximately 18 years o f land supply. No additional land has been rezoned since this land supply analysis was undertaken.3

The implication of the G21 Regional Growth Plan and associated G21 Residential Land Supply I

Monitoring Project was explored at the Panel Hearing. There was consensus that the over- supply of residential land previously identified in the Colac Structure Plan required very significant revision, and that additional residential land would be required in the medium term.

Colac 2050 1

In its submission, Council described its commitment to the 'Colac 2050' project, aiming to ensure that Colac continues to grow and thrive and can take advantage of the opportunities presented by forthcoming changes. This includes a number of technical assessments, eventually leading to a Colac 2050 Growth Plan.

Council described the key drivers of change as follows: I

• The G21 Regional Growth Plan 2013 has identified Colac for targeted growth, with a projected population in 2050 of 20,000 (almost double the current population).

• There is a need to create local employment and business investment to stimulate economic and population growth. 1

• Significant transport infrastructure improvements are occurring such as the Princes Highway duplication between Geelong and Co/ac and the Geelong Ring Road.

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• Co/ac is a service centre to the sub-region. • Co/ac occupies a strategic location on the Princes Highway, as a gateway

to the Great South Coast and to the Great Otways National Park and nationally significant Great Ocean Road .4

Council anticipated that a background report for Colac 2050 will be finalised in mid-2016, I

and a draft Growth Plan ready for implementation through a Planning Scheme Amendment during 2017. i

I Colac Otway Shire Council submission, p. 5 Ibid., p. 5 1

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2.3 Ministerial Directions and Practice Notes

IMinisterial Direction No 11, Strategic Assessment of Amendments (October 2013)

Council submitted that the proposed Amendment meets the requirements of Ministerial ' Direction No 11, Strategic Assessment of Amendments, which aims to ensure that there is a

comprehensive strategic evaluation of any planning scheme amendment and the outcomes it produces.

Planning Practice Note 78, Applying the Residential Zones (June 2015)

Under 'Principles for applying the residential zones', the purpose of the GRZ is to respect and preserve neighbourhood character while allowing moderate housing growth and diversity. Its likely application is in most residential areas where moderate growth and diversity of housing that is consistent with existing neighbourhood character is to be provided. The principles in applying the GRZ are:

• Areas with a diversity of housing stock, diversity o f lot sizes and a more ' varied neighbourhood character

• Areas where moderate housing growth and housing diversity is encouraged.5

2.4 Discussion

The Panel has reviewed the strategic justification of the Amendment in detail in Chapter 3 of this report. However, an overview of the policy context has led the Panel to conclude that the Amendment is supported by, and implements, the relevant sections of the State and Local Planning Policy Framework.

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Planning Practice Note 78, Applying the Residential Zones (June 2015), p. 4

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3 Strategic justification of the Amendment 3.1 The issue

The issue is whether there is strategic and policy justification for the Amendment. I

3.2 Submissions

Colac Otway Shire Council submitted that strategic support for Amendment C78 was I outlined in the Explanatory Report:

The amendment is required to allow the land to be set aside for residential purposes generally in accordance with the principles for growth and development of El/iminyt in the Co/ac Structure Plan (2007). The amendment also implements a specific recommendation made by the Independent Panel I for Amendment C55 to the Co/ac Otway Planning Scheme that the land should be rezoned without the need forfurther strategic work.

Council cited a recommendation of the Amendment C55 Panel report:

We recommend a 'follow on' amendment be prepared upon adoption of Amendment C55 and that amendment include:

• Rezone land to the east o f the Scanlan land and abutting the Beechy rail trail to Residential 1 Zone.6

In addition to this 'outstanding issue' from Amendment C55, Council noted that the request by the Proponent has been with Council since 2013. Further, the rezoning will assist with the ongoing residential land supply in Colac, 'given that the Wyuna Estate is currently the only large scale residential development available in the urban area of Cola c'7.

On behalf of the Proponent, Ms Bright also referenced the Amendment C55 panel report, I noting that the development of the subject land would enable an urban interface to the Beechy rail trail and improved access to Harris Road. Further, the subsequent amendment and permit processes would address matters such as the Beechy Line interface, pedestrian I

and cycling linkages, fencing, dwelling orientation, landscaping and surveillance.

Ms Bright provided a detailed analysis of the supply and demand for residential land in Colac and Elliminyt. She described the view in the 2007 Colac Structure Plan that there was an adequate supply of Residential 1 Zone land, with estimates of 88 years of supply at 10 dwellings per hectare, or 132 years of supply at 15 dwellings per hectare. Even taking I account constraints relating to sewerage provision and susceptibility to flooding, the Structure Plan forecast at least 50 years of supply.

Ms Bright noted that, since the preparation of the Colac Structure Plan, further assessment has significantly modified the conclusions relating to the adequacy of residential land supply. In 2013, the G21 - Geelong Region Alliance carried out a Residential Land Supply Monitoring I

6 C o l a c Otway Planning Scheme Amendment C55: Planning Scheme Review, Panel Report (September 2008), p. 74 7 c o i a c

Otway Shire Council submission, p. 4

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I Project (Spatial Economics), including Colac Otway. This study estimated a higher rate of

I demand for residential land than that assumed in the Colac Structure Plan, and concluded that the availability of land is significantly constrained by infrastructure and flooding considerations. The conclusion was that existing zoned residential lot capacity will satisfy 18

I years of future demand in Colac and Elliminyt (or 25 years if historic trend based demand figures are substituted for projected growth).

I Ms Bright submitted that even the G21 report was 'over-optimistic and fails to give reasonable weight to constraints which are significant in the local context'. She provided a detailed analysis of each area of potential residential development in Colac and Elliminyt,

I based on the following constraints to development: • Extent o f sewerage district - Barwon Water; • Land within sewerage district but unable to be serviced due to land

gradients and connection to existing mains; • Inundation and flood overlays;

1 . No overlays but low lying f lat land with storm water drainage issues and engineering costs o f resolution;

• Some land held by developers as 'land bank' opportunities with no

I intention to develop in short to medium term; (or held by individuals without economic means fo r development);

• Infill subdivision opportunities reliant on consensus between multiple

I neighbouring land holders and sequential subdivision and development; • Local market constraints - narrow margins.8

I Ms Bright concluded:

Based on this analysis, we estimate a predicted shortfall in available GRZ1 land, particularly from 5-10 years, as dwelling demand accelerates and lot

I s u p p l y dissipates.

The rezoning of the land subject to amendment C78 will result in an additional

I supply o f 96 GRZ1 lots. (The lot yield per hectare is on the lower side due to steep slopes adjacent to the Beechy Line, and in consideration of the surrounding pattern o f development, and expectation that the lots will define

I t h e urban edge to the town. There is some capacity to slightly increase the lot yield).

l We note the additional 96 lots will not completely satisfy our projected shortfall in GRZ1 land, increasing the available supply to an averaged 58.5 lots per year until 2031.

1 3.3 Discussion and conclusions

The Panel has reviewed the Amendment C55 Panel report, although it did not have access to

1 the material on which that Panel's conclusions and recommendations were based. With reference to the future development of Elliminyt, the Panel report states:

Proponent submission, p. 12 Ibid., p. 15-16

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11 Colac Otway Planning Scheme Amendment C78 Panel Report 115 March 2016

I Elliminyt has been the main growth area for Co/ac and is likely to continue to be the primary location for continued residential development. The Co/ac Structure Plan provides very little strategic direction for the future development of Elliminyt. The plan simply reflects the approved zonings and development sites, and adopts the position that there is no need to include I additional land for residential development, given the apparent extensive supply of residential land. The submissions to the Amendment illustrate that there are other sites in Elliminyt that are likely to be suitable for residential development at urban and low density designs. The submissions indicate that there appear to good planning reasons to contemplate the designation o f the land for future residential development subject to further investigations and analysis o f the usual town planning issues including how the sites are to be integrated, the likely staging o f the release o f the land, arrangements for infrastructure, community facilities, access to local shops and services and the provision of open space. '°

The Amendment C55 Panel specifically identified the Scanlan land in the recommendation I

for the follow-on amendment, described by the Council and Proponent. The unequivocal nature of the Amendment C55 conclusion and recommendation provides a solid basis for Amendment C78.

The C78 Panel has also reviewed the analysis of supply and demand for residential land in Colac and Elliminyt, as presented by Ms Bright on behalf of the Proponent, and not contested by Council at the Hearing. The dramatic shift in perspective from the apparent gross over-supply of residential zoned land that influenced the thrust of the Colac Structure Plan in 2007 to a medium-term shortage in 2016 is striking. Nevertheless, the analysis provided by Ms Bright is sufficiently rigorous to justify the limited extension in Colac's town boundary and rezoning of land proposed by Amendment C78. Further clarification of supply and demand for residential land will take place as the Colac 2050 project proceeds, providing a strategic basis for any future residential land proposals.

The strategic justification for the Amendment was not contested in written submissions or at the Hearing. Ms Lang submitted that there were already problems with infrastructure in the precinct, but stated that she was not opposed to residential development of the subject land.

3.4 Recommendations

The Panel recommends that:

Colac Otway Planning Scheme Amendment C78 be adopted as exhibited.

I 1 10 Colac Otway Planning Scheme Amendment C55: Planning Scheme Review, Panel Report (September 2008), p.

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II 4 Infrastructure and services

1 4.1 The issue

I The issue is whether infrastructure and services are capable of being supplied to the proposed residential development, in a way which ensures that the Amendment is not undermined.

A range of issues relating to backlogs in infrastructure provision in the precinct were flagged in written submissions and at the Hearing.

I 4 . 2 Submissions

Ms Rebecca Lang and Mr Andrew Lang submitted that there were already significant

I concerns about the infrastructure in Wyuna Estate at Elliminyt: • Harris Road lacks bicycle lanes and footpaths • There is limited access and egress at Harris Road in the event of an emergency

I . Run-off may be restricted to the neighbouring creek, leading to further stress • There is an asbestos dump at Harris Road, and this may create additional problems.

IThey expressed concern that the rural view of residents of Forest Street South will be diminished. At the Hearing, Ms Lang also referred to her concern that the proposed street

I layout included a T-intersection immediately in front of her residence.

Council submitted that several technical assessments had already been carried out, demonstrating that the land is serviceable and has no environmental constraints. These

I included: • Geotechnical Assessment (2020 Engineering Solutions, 2009) • Flora and Fauna Assessment (Ecology and Heritage Partners Pty Ltd, June 2012)

I • Stormwater Management Report (Brian Consulting Pty Ltd, July 2013, amended February 2015)

I . Engineering Services Report (Brian Consulting Pty Ltd, July 2013) • Traffic Impact Assessment (TIM Consulting Vic Pty Ltd, June 2013)

Council stated that additional technical investigations will occur at the time of subdivision to

Iresolve outstanding issues related to stormwater management and road layout. Further:

The amendment does not include a proposal for development. The

U amendment allows fo r future development. The infrastructure within the proposal, such as the road and drainage network, will be determined at the subdivision stage in future.

It is plausible that a future developer o f this site could be required to make a contribution to external infrastructure such as a road or intersection upgrades.

I This would depend on any studies or assessment that indicates a relevant need at the time o f subdivision.

I Further to this, Colac Otway Shire are currently completing the Colac 2050 project which is broadly looking at future growth in Colac - Elliminyt, and will

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I consider infrastructure requirements and potential avenues for contributions as part o f it.11

With regard to the lack of bicycle lanes and footpaths, Council submitted:

Any new subdivision will be provided with footpaths as these are standard within Council's Infrastructure Design Manual (1DM) which developers are required to adhere to.

An improvement in opportunities for cycling in the area will be provided by the I

public open space to be accommodated along the former railway line reserve.12

Council stated that a new subdivision that would result from the Amendment would have additional points of access, and the need for any external road or intersection upgrades would be considered at the subdivision stage. Similarly, stormwater will be managed as part of any future development proposal at the subdivision stage in accordance with the requirements of Clause 56 in the Colac Otway Planning Scheme, while the loss of rural views had not been raised in any submissions from residents of Forest Road South. The issue of the asbestos dump was regarded by Council as irrelevant to Amendment C78, but it noted that enforcement proceedings are being pursued by Council officers.

Ms Bright provided an outline of the technical assessments carried out to date, reinforcing the Council submission that any outstanding issues could be addressed at the subdivision stage.

In relation to the traffic issues, Ms Bright submitted that the traffic report addressed many of the issues raised by the submitter, including the capacity and safety of the road network. I Further:

We advocate the rezoning o f the subject land will substantially improve permeability and connection with the existing estate and its relationship with Harris Road. Early planning o f the estate when the subdivision commenced (1984) responded to planning ideals of the time, with cul-de-sacs and retaining a rural feel through curved roads and a shared road/footpath pavement evident. The integration o f the land will enable the estate to evolve into a layout consistent with current planning policy; Wyuna Drive will extend in a

I

semi-circle connecting Harris Rd, enabling an alternative egress point, (and allow for a pedestrian links to permeate through the development connecting the open space and providing linear recreation links through incorporating the Beechy Line into the overall development). (This road also has been designed to allow for connection to the west). All new roads will have footpaths.

Grassfires are acknowledged as a risk to any houses constructed at the rural interface. The Wyuna Estate is generally protected from dry northerly wind and fire patterns, however a grassfire pushed by a south-west weather front following a cool change could potentially impact on the Wyuna Estate. We

1 Colac Otway Shire Council submission, p. 7 2 Ibid.,

p I P c 314 of ib

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note the land is not within a Bushfire Management Overlay but is within a

U designated Bushfire Prone Area, as applies to all areas o f Victoria excluding urban built-up areas, requiring all new dwellings to be constructed to a minimum BAL of 12.5 in accordance with AS3959-2009. Increasing the

' resilience o f individual dwellings also increases the protection factor for surrounding dwellings, reducing the potential spread caused by ignition from dwelling to dwelling, and reducing the necessity o f evacuations.

I T h e land is fully capable o f being serviced with all infrastructure available as noted in the engineering services report.

I T h e environmental health o f the Baron garook Creek will not be impacted on by the rezoning and subsequent development. Any storm water runoff

I ultimately discharging into Baron garook Creek will be required to be directed into a hierarchy of treatment which is likely to comprise a mix o f underground detention, rain-gardens, wetlands and pollutant traps prior to discharge

I consistent with current storm water best practice. The Scanlans have been working with the Corangamite Catchment Management Authority (CCMA) and Landcare (liaising with Andrew Gray) over the last three years to improve the

I environmental values of the creek within their land by planting trees, acting on a grant received fo r blackberry control, and currently they are working towards establish wetlands also along the creek.

I T h e absence o f a footpath on the existing sections o f Harris Road is outside the scope o f this scheme amendment. We are advised, however that COS are

I seeking funding to extend the footpath from the corner o f Harris Rd and Scan/an Drive along Harris Road to the Queen Street intersection. 13

I 4.3 Discussion and conclusions The focus of the Panel is controls proposed in the Amendment, rather than any subsequent assessments and approvals. As noted above, the Panel has accepted that the Amendment is

Iconsistent with state and local policy, and is strategically justified. Further, there have been no submissions opposing the elements of the Amendment, including the extension of the town boundary in the Colac Structure Plan, rezoning to GRZ1, removal of SLO1 and introduction of DD017.

The Panel accepts the case presented by Council and the Proponent that the technical

I assessments carried out to date indicate that there are no fatal flaws in the Amendment, and any outstanding infrastructure issues can be managed in subsequent approval processes.

IThere was discussion at the Panel Hearing on the history of development of the Wyuna Estate at Elliminyt, explaining the current state of infrastructure in the precinct. The owners

I described the original development as a semi-rural subdivision, and the lack of an urban feel was initially regarded as an advantage by the new residents. Since then, Elliminyt has developed as highly desirable residential area, with an influx of new residents as additional

I I

13 Proponent submission, p. 24

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I stages of the development were released. Previously quiet streets like Harris Road have become busier thoroughfares, and the previous expectation that pedestrians may be safe walking on the street has long passed.

Clearly, the previous approach to provision of infrastructure such as footpaths and cycle lanes was flawed, and it now leaves a problem of backlog of infrastructure in the early stages of the subdivision. Even if the new stages are serviced adequately, there remain problems with safety and amenity, an example being the pedestrian and cycle connections to main roads such as Colac-Lavers Hill Road.

The Panel is aware that Councils are confronted with many demands on limited capital and maintenance resources, and Colac Otway Shire is not an exception. However, the planning I

phase for addressing the backlog issue at Elliminyt should be carried out as soon as practicable.

As noted in Section 3.3 of this report, the 2008 Amendment C55 Panel report concluded that the 2007 Co/ac Structure Plan provides little strategic direction for the future development of Elliminyt. It consequently proposed that a precinct plan for Elliminyt is urgently needed:

to ensure that the area becomes an integrated, well designed residential neighbourhood determine rather than only providing ribbon development along Harris Rood. 14

In its submission to the Amendment C78 Panel, Council argued that the need for the precinct plan for Elliminyt has been overtaken by the Colac 2050 process:

I

It is expected that Co/ac 2050 will examine, amongst other things, the need for further residential land supply, infrastructure provision (community and civil), and potential avenues to fund infrastructure improvements. 15

The Panel accepts that there is potential for Colac 2050 to address the infrastructure issues in Elliminyt. It also notes that considerable time has elapsed since the precinct plan for Elliminyt was suggested in 2008.

The Panel has not made any recommendation about planning, funding and constructing I

infrastructure to address the current backlog, because it is beyond the scope of Amendment C78. However, the Panel strongly encourages Colac Otway Shire Council to work with the local community, landowners and their representatives in addressing the apparent shortcomings in safety and amenity arising from the infrastructure backlog, as part of the Colac 2050 process. I

I I

14 Colac Otway Planning Scheme Amendment C55: Planning Scheme Review, Panel Report (September 2008), p.

75 15

Colac Otway Shire Council submission, p. 5

Page l6ofl6

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Appendix A List of Submitters

1 Southern Rural Water

2 VicRoads

3 Barwon Water

4 APA Group

5 Andrew and Rebecca Lang

6 Kerrie and Kelvin Addison (this submission was withdrawn before the Hearing)

I I I I

I I I A p p ( (1

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Appendix B Document List

1 25/2/16 Aerial map including subject site Mr Geoff Alexander

2 25/2/16 Zoning map including subject site Mr Geoff Alexander

3 25/2/16 Colac Otway Shire Council submission Mr Geoff Alexander

4 25/2/16 Extract from MSS Clause 21.03, Colac Framework Plan Mr Geoff Alexander

5 25/2/16 Spatial Economics, Residential Land Supply Mr Geoff Alexander Monitoring Project: Final, October 2013

6 25/2/16 Brian Consulting Pty Ltd, Wyuna Estate Development Mr Geoff Alexander Plan, Harris Road, Elliminyt: Stormwater Management Report, July 2013

7 25/2/16 TTM Consulting (Vic) Pty Ltd, Wyuna Estate - Mr Geoff Alexander Elliminyt, Colac: Traffic Impact Assessment, June 2013

8 25/2/16 Colac Otway Planning Scheme Amendment C78 Mr Geoff Alexander Explanatory Report

9 25/2/16 Wyuna Estate Overall Development Plan Mr Geoff Alexander

10 25/2/16 Proponent submission Ms Katie Bright

11 25/2/16 Plan of Subdivision, Stages 1 t 6 of current Ms Katie Bright development

12 25/2/16 Aerial images of Wyuna Estate Ms Katie Bright

13 25/2/16 Wyuna Estate Development Plan, May 2015 Ms Katie Bright

14 25/2/16 Map of Colac/Elliminyt showing land supply Ms Katie Bright constraints relating to sewer provision and LSIO

Appendices

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