Amendment C89

Contents:


Purpose

All documents relating to the amendment have been made available online, see Related Information at the bottom of this page. 

If you wish to view a hardcopy of the amendment, visit any of our Customer Service Centres. For more information, email the Strategic Planning Department or call 5624 2411.

Background

Community consultation commenced with public exhibition of Amendment C89 for a month, from 14 January 2016 to 19 February 2016, as per requirements in the Planning and Environment Act 1987.

Owners and occupiers of the land and in the area near the amendment sites were given written notice of the amendment at the start of exhibition. Public notices were also placed in the Government Gazette and local newspaper. These notices resulted in more than 60 phone and counter enquiries from the public.

The amendment attracted 34 submissions of which 8 were supporting, 21 were objections, and 5 were neutral.

A Special Council Meeting to hear submissions occurred on 26 April 2016.

Consideration by Minister for Planning

Amendment C89 Part 1 has been adopted by the Minister of Planning and Published in the Government Gazette on 15 December 2016. This can be viewed from the Government Gazette website.

Amendment C89 Part 2 is currently being considered by the Minister for Planning. If this is approved, the Amendment will be published in the Government Gazette which is the point at which it becomes part of the Baw Baw Planning Scheme. It is anticipated that this part of the Amendment will be decided on in 2017.

Council Meeting: 14 September 2016

Council has made a decision on the future of Amendment C89 Part B at an ordinary Council Meeting on 14 September 2016. Council made the following resolution:

  • Adopt the Planning Panels Victoria recommendations and refer directly to the Minister for Planning for approval and gazettal in regard to Planning Scheme Amendment C89 Part 2, in relation to:
    • Abandon the application of the General Residential Zone 1 (GRZ1) and Development Plan Overlay 8 (DPO8) at 40 Pryor Road, Drouin;
    • Remove the Development Plan Overlay Schedule 3 (DPO3) as exhibited;
    • Adopt the Planning Panels Victoria recommendations and refer directly to the Minister for Planning for approval and gazettal in regard to Planning Scheme Amendment C89 Part 2 to rezone 13-15 McGlone Road, Drouin to Low Density Residential Zone (LDRZ), and apply a Development Plan Overlay 7 (DPO7).
  • Does not adopt the Planning Panels Victoria recommendation in regard to abandoning the deletion of Heritage Overlay 148 from 60 Victoria Street, Warragul and seeks to remove the Heritage Overlay 148 as exhibited.
  • Write to the Minister for Planning to present an argument that Heritage Overlay 148 should be removed at 60 Victoria Street, Warragul as the recommendation of the Planning Panel is outside the scope of the amendment considering the heritage value of the whole property, rather than the ‘strip’ of the property covered by Heritage Overlay 148.
  • Notify submitters of Council’s decision to refer Planning Scheme Amendment C89 Part 2 to the Minister for Planning for consideration.

Council Meeting: 11 May 2016

Council has made a decision on the future of Amendment C89 at an ordinary Council Meeting on 11 May 2016. Council resolved to split C89 into two parts, with Part A going to the Minister for adoption, and Part B going to a Planning Panel.

Panel Hearing

The panel hearing gave people an opportunity to speak in support of their written submission and to hear from the proponent and the Planning Authority.

The panel hearing was held from 10.30am at the Mercure Hotel, 23 Mason Street, Warragul from Wednesday 13 July 2016 and concluded on Friday 15 July 2016.

To view the Council Part B submission, which was read at the panel Hearing, download the Council submission(PDF, 1MB).

Evidence forming part of the Council's submission included:

Information to be supplied by Council prior to the Panel Hearing:

  1. Drouin Structure Plan(PDF, 901KB)
  2. The Drouin Precinct Structure Plan(PDF, 79MB)
  3. Any relevant material relating to the application of HO148 to 60 Victoria Street Warragul. Documents relating to this site are available online, see Council Presentation - 60 Victoria Street, Warragul.(PDF, 5MB)
  4. A copy of Heritage Victoria's submission(PDF, 323KB)
  5. Confirmation of the post exhibition changes proposed by Council relate to Part B and to identify which submissions they relate to(PDF, 263KB)
  6. Update on Amendment C109(PDF, 302KB)

Expert Evidence - McGlones Road, Drouin

To view the expert evidence report that has been prepared on behalf of the Drouin Golf Club, download the McGlones Road Drouin Expert Evidence(PDF, 17MB).

Council Presentation - 60 Victoria Street, Warragul

The evidence that was provided at the panel hearing for 60 Victoria Street, Warragul:


Details Under Proposed Amendment C89 - C89 Part 2

Amendment C89 is currently being considered by the Minister for Planning. Properties within this amendment are detailed below.

Implementation of the Drouin Structure Plan:

  1. 13-15 McGlone Road Drouin (known as the Drouin Golf Club – see property 20 listed in the Explanatory Report).
    1. Rezone land from Farm Zone to Low Density Residential Zone in line with the Drouin Structure Plan.
    2. The Development Plan Overlay – Schedule 7 will be introduced and applied to the land and the Development Plan Overlay – Schedule 3 will be removed (see Development Plan Overlays).
  2. 40 Pryor Road Drouin (see property 119 listed in the Explanatory Report).
    1. Rezone land from Farm Zone to General Residential Zone Schedule 1 in line with the Drouin Structure Plan.
    2. Introduce and apply the Development Plan Overlay – Schedule 8 Pryor Road Drouin over 40 Pryor Road Drouin.
    3. Update the Drouin Structure Plan at Clause 21.04.

Apply the Public Acquisition Overlay facilitate intersection works:

  1. 41 Sutton Street, Warragul – Warragul Golf Course (see property 122 listed in the Explanatory Report).
    1. Apply the Public Acquisition Zone (PAO) to land owned by the Warragul Golf Course to facilitate the intersection works at Pharaohs Road and Sutton Street.
    2. Vary the Schedule to Clause 45.01 Public Acquisition Overlay to include a new Schedule Public Acquisition Overlay – Schedule 3 (PAO3) for roadworks.
    3. Introduce a new Planning Scheme Map 31PAO.

Heritage Overlay adjustments to Clause 43.01 and associated mapping corrections:

  1. 60 Victoria Street, Warragul - Remove the remaining strip of Heritage Overlay (HO148) from the land.
    • Map 33 - 60 Victoria Street, Warragul (D-HO)