witness statement - shire of glenelg · 2015-07-14 · witness statement amendment c78 glenelg...

July 2015

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

Planning and Environment Act 1987 Glenelg Planning Scheme

Witness Statement

Prepared and presented by: Marc R. Bartsch BTRP MLArch PIA AIlA CPP Planning Australia Consultants 89 Beenak Road Wandin North Vic 3139 Australia Telephone +61 0418 102 587 Facsimile +61 3 59644440 [email protected]

F:\Glenelg June 2015-Expert Witness Statement Final2.doc M0xxxx

Author: BartschM

Approved by: BartschM

Signed:

Date: 8th July 2015

Distribution: Mr Matt Berry. Glenelg Shire Council

Witness Statement Amendment C78 Glenelg Planning Scheme

PLANNING AUSTRALIA CONSULTANTS

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Contents Page Number

1. Witness Details 1

1.1 Witness 1

1.2 Witness Qualifications and Experience 1

1.3 Statement of Expertise 1

1.4 Instructions to the Witness 1

1.5 Assumptions of Witness Statement 2

1.6 Reference Material and Documents 2

1.7 Details of Amendment C78 3

1.8 Summary of Opinion of Witness 3

2. Details of Proposed Rezoning 5

2.1 Bolwarra North 5

2.2 Bolwarra South 6

2.3 Portland North 7

2.4 Portland West 8

2.5 Digby 9

3. Review of Relevant Documents 10

3.1 Background to current documents 10

3.2 Practice Note 37: Rural Residential Development (2012) DPCD 11

3.3 Planning Practice Note 42: Applying the Rural Zones 21

3.4 Glenelg Sustainable Settlement Strategy ( 2012) 23

4. Site Assessment 25

4.1 Bolwarra North 25

4.2 Bolwarra South 26

4.3 Portland North 27

4.4 Portland West 29

4.5 Summary comments: 30

5. Review of Submissions 31

6. Planning Assessment – Summary 46

7. Statement of Provisional Opinions 48

8. Scope of Opinion and Completeness 49

PLANNAING AUSTRALIA CONSULTANTS



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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 3139

1.2 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 email 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




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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 14th 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.




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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




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




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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




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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




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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




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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




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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




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3. Review of Relevant Documents

3.1 Background to current documents

3.1.1. 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.

3.1.2 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

3.1.3 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 C78.

3.1.4 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.




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3.2 Practice Note 37: Rural Residential Development (2012) DPCD

3.2.1 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 11.02-1, Clause 11.05-1, Clause 11.05-3, Clause 11.05-4, Clause 11.05-5, Clause 11.09, Clause 11.09-4, Clause 13, Clause 13.02-1, Clause 13.05-1, Clause 14, Clause 14.01-1, Clause 14.02-1, Clause 15, Clause 15.03-2, Clause 16, and Clause 16.02-1, 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 11.02-3 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 11.09-5 is also relevant in its support for the maintenance of agricultural production, and Clause 11.09-6 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 12.02 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 12.04 Significant Environments and Landscapes has been omitted from the Study Addendum, although coverage of this matter is provided elsewhere in the document.

Clause 13.03-3 (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).

3.2.1.1 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).

3.2.1.2 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 11.09 of the Glenelg Planning Scheme.




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3.2.1.3 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.

3.2.1.4 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)

3.2.1.5 The Study Addendum references the Local Planning Policy Framework (LPPF) and specifically within the Municipal Strategic Statement, Clause 21.07, Clause 21.08, Clause 21.09. Within the Local Planning Policies of the Glenelg Planning Scheme, reference is made in the Addendum to Clause 21.01, Clause 22.01-1, Clause 22.01-3, Clause 22.02, Clause 22.02-2, Clause 22.02-3, Clause 22.02-5, Clause 22.02-6, and Clause 22.04-1.

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 22.01-3 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 22.02 Environment and specifically Clause 22.02-2 Wetland Areas is noted in the Study Addendum (p.72) and refers to the areas identified as




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significant wetlands and waterways and included within Schedule 2 of the ESO.

Fire Hazard (Clause 22.03-3) and High Quality Agricultural Land (Clause 22.02-5) 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 22.02-6) and the links to the VCS and CSLAS is provided in the Addendum. Clause 22.04-1 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.

3.2.1.6 Within the Study Addendum (p.73) there is reference the Glenelg Shire Wastewater Management Plan (2009), Glenelg Strategic Futures Plan (2009), Glenelg Environment Strategy 2010-2020 (2009), Glenelg Strategic Land Use Study ( Volumes 1 and 2 ) ( 2010), Glenelg Sustainable Settlement Strategy (2012) and Glenelg Shire Council Plan 2013-2017.

3.2.1.7 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 37.

3.2.1.8 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.

3.2.1.9 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.

3.2.1.10 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 2010-2020. 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




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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.

3.2.1.11 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.

3.2.1.12 The Glenelg Environment Strategy 2010-2020 (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).




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3.2.2 Housing Need

3.2.2.1 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.

3.2.2.2 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).

3.2.2.3 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.

3.2.2.4 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).

3.2.2.5 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.




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3.2.2.6 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).

3.2.2.7 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).

3.2.3 Integration with Existing Urban Areas

3.2.3.1 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)

3.2.4 Protection of Natural Resources

3.2.4.1 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.




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3.2.5 Protection of environmental areas and biodiversity

3.2.5.1 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




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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.

3.2.5.2 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.

3.2.5.3 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 C78.

3.2.5.4 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)

3.2.5.5 Riparian areas are noted in the Addendum (p.34) as important buffers along waterways and in Portland West, Portland North the rural living investigation




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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 35.03-4 which applies a 100m setback trigger for buildings and works from waterways, and the decision guidelines (ibid p. 34).

3.2.5.6 The Study Addendum (p.34) notes that development within the proposed Rural Living investigation area not affected by any known salinity issues.

3.2.5.7 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 2.

3.2.6 Landscape and Heritage values

3.2.6.1 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.

3.2.6.2 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.

3.2.7 Provision of social and physical infrastructure

3.2.7.1 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,




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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 on-site tanks.

3.2.8 Land Use Compatibility

3.2.8.1 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.

3.2.8.2 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.

3.2.8.3 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




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hectares will also provide for adequate boundary setbacks, and protection of future dwellings from adjacent agricultural and horticultural activities.

3.2.9 Land Servicing Capability

3.2.9.1 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

3.3.1 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).

3.3.2 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).

3.3.3 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 2013. 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 22.01-3). These structure plans include the candidate areas now the subject of the proposed rezoning to the Rural Living Zone.

3.3.4 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




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2 (2015), and Glenelg Sustainable Settlement Strategy (2012) are relevant in providing background assessment and strategic directions for the proposed Rural Living Zone.

3.3.5 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.

3.3.6 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.

3.3.7 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.

3.3.8 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 16.02-1 of the Glenelg Planning Scheme also notes the need to ensure land is only zoned for rural living or rural residential development where it:




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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)

3.4.1 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

3.4.2 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




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Density Residential Zone) or existing Rural Living Zone. (Study Addendum 2015, p.18).

3.4.3 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

3.4.4 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.




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4. Site Assessment

The investigation areas were inspected on Thursday 2nd 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

4.1.1 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.

4.1.2 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.




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Photo 1. View from Keillers Road, Bolwarra North, towards the south.

4.2 Bolwarra South

4.2.1 This investigation area has the closest section of land to the coastline, and this area is visible from the foreshore. While it is recognised that the visual character of the coastline is substantially modified within the Portland Bay area, the area is contiguous with established foreshore vegetation. There is however no subdivision potential within this area.

4.2.2 The northern edge of this site is formed by the plantation area which is zoned PCRZ and the area proposed to be rezoned PCRZ, both of which are on the south side of Gorae Road. These areas have biodiversity values. The northern extension of the proposed Rural Living Zone which has a frontage to this Road is used for agricultural purposes, and given its context adjacent to areas of flora and fauna significance this could be of potential concern. There would be limited subdivision potential however in this location. This northern area also contains the Strawberry Farm, which has a commercial frontage to the Princes Highway. The Strawberry Farm comprises intensive horticultural land use but which is substantially screened from the Highway.

4.2.3 On the east side of the Princes Highway the investigation area has an interface with the Treloar Rose Farm. There is limited subdivision capability in this location, and some perimeter stands of trees on existing subdivided allotments.

4.2.4 Crowes Road, which again has significant roadside vegetation provides for views to the north and south across the investigation area. The undulating topography, pastoral landscape, and significant vegetation stands, including the area of environmental significance on the north site, provides for effective visual absorption of any new development.




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Photo 2: View from Gorae Road, Bolwarra South, towards the south.

4.3 Portland North

4.3.1 This investigation area contains portions of the Wattle Hill Creek, which has significant environmental values, as well as some areas of degradation and introduced noxious weed species. The management of the Creek is currently the responsibility of the individual land owners to which it has a frontage. There is scope for improved management of some sections to provide a more effective corridor for fauna habitat and movement. The potential for future subdivision to impact on the quality of the Creek is limited, and substantially outweighed by the potential of existing land owners to continue to protect and enhance its values.

Photo 3: View of Wattle Hill Creek, Spinks Road, Portland North, towards the south.




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4.3.2 The proposed rezoning of the Wattle Hill Creek to PCRZ will provide further security for the environmental assets along the Creek. As with most Creeks within rural contexts however the continued success of the management of this area will rest with the private land owners of the adjacent properties.

4.3.3 The eastern boundary of this area abuts the Industrial 2 Zone and there are existing large scale industrial operations with a frontage to School Road. It is desirable that future subdivision of the proposed Rural Living Zone provide for adequate setbacks to protect the industrial operations and the amenity of any new development on the west side of School Road. The moderately undulating topography provides for the visual integration of new development. Future industrial development to the east will be subject to the design and siting requirements of the Portland Industrial Land Strategy, and should effectively manage potential off-ste effects.

4.3.4 The southern–most portion of this area on the south side of Heath Road is visually separated from the main Portland North area, and has a character more strongly related to the area along the Wattle Hill Creek north of Bridgewater Road.

Photo 4: View from Cockatoo Valley Road, Portland North, to the east.

4.3.5 The quality of the vegetation within the road reserves, gently undulating topography, and significant stands of vegetation creates an attractive visual setting for future development. These same features have the potential for increased visual absorption as a result of future subdivision. Current agricultural use is predominantly for grazing on both larger and smaller allotments and can be maintained following future subdivision.

4.3.6 The investigation area along Darts Road, and immediately north of Walook Swamp is an open elevated site with views to the south. It has minimal subdivision potential, and the character of the area is strongly derived from




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its relationship with the Swamp, while having visual exposure to a mix of surrounding land uses.

4.4 Portland West

4.4.1 The proximity of this area to the Portland residential area is a notable feature of this area. Its proximity to the coast also provides a variation in the visual quality and character and existing larger dwelling have been sited to take advantage of available views. Variation in topography and stands of vegetation increase visual quality, supplemented by longer views to the foreshore (including wind towers), but does allow for effective visual absorption of new development. The area has less significant agricultural and horticultural activities.

4.4.2 There is less significant roadside vegetation in this area, however the Wattle Hill Creek is an important feature of this area. Vegetation stands on hilltops and ridges contribute to the landscape character. The capability for further subdivision is limited to the northern portion of the investigation area, and this has moderate slope and perimeter stands of vegetation which limit visual impact on surrounding areas.

Photo 5: View along Thorns Road, Portland West , towards the south.




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4.5 Summary comments:

In summary the key observations of the overall composition of the investigation areas are as follows:

There are substantial areas of the proposed Rural Living Zone which are used productively for horticulture and agriculture. These areas will not be substantially impacted by or have impacts on new subdivision within the Rural Living Zone. The 4.0 hectare minimum allotment size will provide for effective separation of dwelling sites and outbuildings from existing and proposed rural activities.

The visual quality and character of these areas is generally high due to topographic variation, substantial vegetation, attractive views, and the overall quality of built form and landscape treatment.

Road-side vegetation is a particularly attractive feature of the main roads within the investigation areas,

The visual composition of the investigation areas with substantial variation in topography, significant vegetation features provides for effective visual absorption of new subdivision and development.

Environmental assets such as the Wattle Hill Creek and the Walook Swamp contribute to the environmental and visual quality of the investigation areas. There is potential to build on these assets in the treatment of the small number of potential subdivisions which may occur in close proximity to them.




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5. Review of Submissions

Submission Issue

Submission Response

Submission No.1

CA A Section 1 Parish of Portland

Mapping error of land noted in PCRZ, and should be included in Rural Living Zone.

Council recommendation at Council Workshop 14 April 2015 to amend the boundary extent of the PCRZ rezoning at Heath Road, North Portland to reflect correct private and public land boundaries. No further action required.

Submission No.2

445 Portland Nelson Road Cashmore

Failure to communicate the purpose of the amendment. Incorrect submission deadline noted.

Council has followed statutory notification procedure, in accordance with Planning and Environment Act, and provided explanatory report. No further action required.

Submission No.3

743 Henty Highway Portland North

Objection to rezoning of land to IN2Z. Concern regarding appearance and amenity impact.

Council recommendation at Council Workshop 14 April 2015 to abandon proposed rezoning the two parcels of land known as Lots 3 & 4 TP81662 to Industrial Zone. No further action required.

Submission No. 4

734 Henty Highway Portland North 3305

Objection to rezoning of land to IN2Z. Concern regarding potential emissions





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Submission No.5


Objection to rezoning of land to IN2Z. Concern about interface use, access, flooding, emission impacts, impact on land value, availability of land for industrial purposes elsewhere and visual impact.


Submission No.6


Objection to rezoning of land to IN2Z. Concern about interface use, access, flooding, emission impacts, impact on land value, availability of land for industrial purposes elsewhere and visual impact.


Submission No.7

8 Teresa Street North Portland 3305

Objection to rezoning of land to IN2Z. Concern about interface issues, and need for a buffer to residential and commercial uses, traffic impacts, flooding, impacts on land values, and emissions.


Submission No 8.

183 Bridgewater Road Portland

Objection to Rural Living Zone.

Concern about impact on lifestyle. Concern about previous drainage impact from Wattle Hill Estate. Belief that Council seeking to increase rate revenue. Any further development west of Murphys Road considered unacceptable.

Area to the west of Murphy’s Road is excluded from Amendment C78.

Submission No.9

13 Bentinck Street Portland 3305

Objection to Rural Living Zone




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Portland West proposed RLZ

Cultural/Heritage Values:

Two identified heritage places located within proposed zone: “Briery” Bridgewater Road 2 storey, c. 1850’s and “Shaston” Murphy’s Road (south end) c.1850’s stone rubble home of architect, engineer and surveyor, John Burrows.

The Glenelg Land Use Study Addendum Version 2 (2015) addresses this matter, and advises that following review of these sites by Council’s Heritage advisor “Briery” is not considered to be under threat by the proposed rezoning. The existing provisions under the Heritage Overlay ensures its protection ( Land Use Addendum p.36).

The addendum notes that “Shaston” site was considered under the Glenelg Shire Heritage Study (2000) and was determined as inappropriate for consideration for a Heritage Overlay protection in Stage 2 of Amendment C55. Potential development within the proposed RLZ is required to address heritage values and the it is not considered under threat due to the rezoning.

Concern regarding Council management of Portland Urban Conservation Study 1981, and Amendment C55 (Glenelg Shire Heritage Study Part 2a) in regard to these sites.

These concerns are beyond the scope of the consideration of Amendment C78.

That change in zone from RCZ will reduce emphasis on conservation of cultural heritage. Sites should be included in Heritage Overlay.

This has been addressed previously. The existing provisions under the Heritage Overlay ensures protection of heritage assets (Land Use Addendum p.36).

Environmental Values

Consideration needs to be given to Briery Wetland. Large area of West Portland RLZ is in catchment area of Wattle Hill Creek and Fawthrop Lagoon Estuary.

Acknowledgement that this area has already been subject of subdivision. RCZ more appropriate to protect these values. In absence of RCZ, need for Environmental Significance Overlay and schedule to provide increased protection.

The Study Addendum notes that in Portland West, Portland North, and Dartmoor the Rural Living Investigation areas border the Wattle Hill Creek and Glenelg River. (p.34) In these areas, the provisions of the Glenelg Planning Scheme, are considered by Council to be adequate to protect these values. The RLZ will include a 100m setback trigger to waterways for any buildings and works (Clause 35.03-4). The decision guidelines within the RLZ, the controls on removal of native vegetation (Clause 52.17) and the limited number of available allotments for development are considered in the Addendum to limit any potential impact on the riparian environments.

Lifestyle change due to reduced agriculture and Minimum allotment size is to 4.0 hectares and




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horticulture, and concern about behaviours of new land owners. The RLZ will effectively prevent animal farming, grazing practice and restrict agriculture, due to minimum lot size of 2 hectares and prohibition of animal husbandry.

Questions why Southern part of Portland North and Central north area Portland West, which have larger allotments are included in the proposed RLZ.

this will increase the capability of the allotments for a range of agricultural and horticultural opportunities.

Portland North

Heritage/ Cultural values

“Caxton” stone homestead, built c. 1850 needs to be acknowledged. Rural Conservation Zone has greater emphasis on conservation of cultural heritage value than the RLZ. Need for a Heritage Overlay.

“Caxton” was proposed within the INZ2, which is now not proposed for rezoning.


Protection of the Wattle Hill Creek and its catchment required, and the minimum allotment size will threaten the environmental value of this area. RLZ for Portland West and North could have a minimum allotment size of 4.0 hectares instead of 2.0 hectares. Could use ESO and Schedule for the Wattle Hill Environs.

This is acknowledged in Council decision to increase the minimum allotment size to 4.0 hectares. The Study Addendum notes that in Portland West, Portland North, and Dartmoor the Rural Living Investigation areas border the Wattle Hill Creek and Glenelg River. (p.34) In these areas, the provisions of the Glenelg Planning Scheme, are considered by Council to be adequate to protect these values. The RLZ will include a 100m setback trigger to waterways for any buildings and works (Clause 35.03-4). The decision guidelines within the RLZ, the controls on removal of native vegetation (Clause 52.17) and the limited number of available allotments for development are considered in the Addendum to limit any potential impact on the riparian environments.

Bolwarra North and South

Heritage/Cultural Values

Proposed IN2Z

Impact on heritage building “Fairfield” stone cottage c 1850’s. Failure of site to be included in Amendment C55. Potential impact of IN2Z. Opposition to IN2Z and need for Heritage Overlay.

“Fairfield” was proposed within the INZ2, which is now not proposed for rezoning.




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Significant agricultural values, and soil quality promoting uses such as Treloar Roses and the Strawberry Farm. Due to fragmented land, businesses are required to operate over a number of sites. Need to protect high quality agricultural and horticultural land from subdivision as result of rezoning.

Summary comment that need to provide for conservation of heritage, environmental values of Wattle Hill Creek and permit continued agricultural capability, and that RLZ on its own is not capable of achieving this.

Land within the rural living investigation areas is noted in the Study Addendum (p. 23) and in the GSLUS Vol 2 (p.87) as being highly fragmented. The introduction of the small lots within the Farming Zone has compromised the agricultural potential of land within the proximity to these development areas. This is evident in Portland, Bolwarra, Heywood and Narrawong. (GSC p.23). The application of a minimum subdivision size of 4.0 hectares will maintain the potential for agricultural and horticultural activities.

Supplementary Submission

Submission No.9B

13 Bentinck Street Portland 3305

That some of the concerns raised in previous submission have been addressed.

1.Use of the RCZ2

Still supports retention of RCZ2, because of failure of the GSC to apply the provisions of this zone. Concern that will increase pressure on the minimum allotment size in the RCZ2 if it is maintained at 2.0 hectares. Continued threat to existing agricultural activities as a result of future re-subdivision.

Future subdivision applications within the RCZ2 will not be considered in the same way as has occurred previously. The requirements for the demonstration of the capability to meet with the zone purpose, and the need to demonstrate through the application of a farm management plan how the proposed subdivision size can provide for the productive use of the site will be more stringently applied.

2.Portland West and North-Wattle Hill Creek

Need to comply with SPPF Clause 14.02.1 “Catchment Planning and Management”, LPPF Clause 21.09 regarding protection of water resources, native flora and fauna, and development of land for rural residential purposes that is environmentally appropriate.

Importance of the Wattlehill Creek corridor linking Fawrthrop Lagoon to the Cobboboonee Forest, and even though minimum lot size of 4.0 hectares, requirement for an ESO with a schedule applied to the allotments west and

The requirements of the SPPF will need to be addressed in any application for subdivision and development within the proposed Rural Living Zone. Appropriate safeguards apply for the protection of natural resources. Agreement with the submission regarding the need to continue to protect, and to enhance the composition and management of the natural resources along the Wattle Creek corridor. The limited number of new allotments which can be created with a frontage to the Creek will limit any potential impact on this area.




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north-west of Portland should be considered.

3. Bolwarra South (North Portland).

Significance of Walook Swamp as wetland and ESO only applies to crown land. Need for ESO which applies to the RLZ, RCZ2, and INZ allotments north of the swamp.

The limited number of new allotments which can be created will limit any potential impact on this area.

4.Area west of Portland North

Request for inclusion of two allotments zoned IN that are currently outside in the Rural Living Investigation area.

Discussed in regard to Submission no. 12.

5.Bolwarra South

Supports abandonment of two parcels of land to IN2Z but concern that remaining as RCZ2 is not appropriate, and suggests inclusion in RLZ.

Restates Panel consideration of submission to Land Use Addendum 2013, and need to protect agricultural capability on high grade red soils between Darts Road and Keillers Road.

Consideration of the most appropriate zone for areas outside those proposed for rezoning as part of Amendment C78, will form part of future strategic planning processes. Continued horticultural use of the high grade red soil areas between Darts Road and Keillers Road will continue both within existing and proposed Rural Living Zones.

Submission No. 10

Treloar Roses Pty Ltd and Midwood Roses

Rose farm occupies 150 hectares in Bolwarra, and since 1960 has been major employer, and effectively manage site without off-site impacts.

Need for Overlay on subdivision to 2-4 hectares or more or 400 metres exclusion zone to the Rose farm.

Impact on Henty Highway, of potential increased access points.

The operation of these rose farms has demonstrated a high level of stewardship in avoiding off-site impacts, Given the current pattern of subdivision within the investigation area (and predominance of occupied allotments), and the now minimum allotment size of 4.0 hectares there will be sufficient capability to protect existing farming operations and the amenity of new dwellings within the proposed rural living investigation area. This is covered in the Study Addendum (GSC 2015, p. 43). The requirement for access to the Henty Highway will be considered on the basis of functional capability and safety by VicRoads.

Submission No. 11

P.O. Box 1728 Geelong 3220




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Objection to proposed Rural Living Zone

The Glenelg Shire Planning Scheme and Amendment C78

The strategic basis of the Amendment, of the GSSS (2012) and GSLUS (2010) and Addendum (2013), is deficient. Insufficient regard is given to the SPPF and LPPF, Glenelg Environmental Strategy. The candidate areas for rezoning are within 6-10 km of the coast and much within the Wattle Hill Creek valley.

The rezoning is contrary to the objectives of limiting sprawl, encouraging infill in serviced towns, retaining land suitable for agriculture and horticulture and upholding conservation values. ( as indicated in MSS Clause 21.07). Inadequate attention in Amendment C78 to these considerations. Inadequate demand for additional RLZ, given current supply, available choice and need to ensure residential amenity. ( as indicated in SPPF.)

Inadequate attention to potential fire hazard, and requirements of Clause 23.05-1 of the Glenelg Planning Scheme, and “precautionary principle” given climate change.

The Land Use Addendum (2015) provides a substantial commentary on the strategic context of Amendment C78 and the supporting elements of the Glenelg Planning Scheme SPPF (pp.61-64) and LPPF.(pp.71-73-) It references the supporting background strategic documents, including the Glenelg Environmental Strategy.

The rural living investigation areas seek to address the extent of existing allotment fragmentation and development within the RCZ2 is not contrary to the objectives of limiting sprawl, or contrary to the maintenance of agricultural capability or conservation values. The adequacy of proposed supply is effectively documented in the Study Addendum (pp. 47-50), and in the Spatial Economics, Rural Residential Land Demand and Supply Assessment, 2015 ( p.48).

The 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 C78.

Victorian Coastal Strategy (VCS) 2008 and Coastal Spaces Landscape Assessment Study ( CSLAS) 2006

Inadequate reference to this former document (p.88) and the later in the GLUS Addendum, and in the GSSS (2012) and not included in the list of references.

Coastal Landscape Quality has not be been addressed in the adoption of Significant Landscape Overlays. The candidate Rural Living Zones have not been assessed by the CSLAS, but this does not diminish their value.

The Coastal Spaces Landscape Assessment Study (2006) Victorian Coastal Council is referenced in the Addendum (GSC,p.67) which recommended the inclusion of Clause 22 Local Policy for the “Management of Coastal Landscapes”, and 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 failure to reference the CSLAS (2006) in the GSSS( 2012) is noted.

GSSS (2012) as foundation for C73 and giving effect to the Glenelg Shire Strategic Futures Plan Implementation Plan (GSFP) (2009) does not reflect the low population growth rate. Adoption of

The adequacy of required supply is effectively documented in the Study Addendum (pp. 47-50), and in the Spatial Economics, Rural Residential Land Demand and Supply Assessment, 2015 (




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GSSS (2012) without investigation of land supply and demand. RLZ should be confined to existing already subdivided areas, and the balance retained in current RCZ2.

p.48).

Reference to VPP Practice note that existing subdivision should not be the sole basis for a rezoning. Example from the VPP refers to where existing subdivided allotments with a lesser number of owners allows for farming of multiple allotments.

Agreement with this ascertion, however as indicated in the Study Addendum, this is not the sole criteria used as the basis for rezoning. A significant range of land capability and suitability criteria have been considered.

Impact of C78 proposed RLZ on Wattle Hill Creek, Fawthrop Lagoon and Walook Swamp and specifically within the Portland West and North areas. Need for more detailed environmental assessment and possible Environmental Significance Overlay. Increased settlement density is not appropriate because of horticultural capability.

Although there is sufficient evidence that the impacts of the proposed rezoning on the environmental values of this area can be effectively managed using existing provisions of the Glenelg Planning Scheme, there is a need to identify how any future development and use within the investigation area can make a positive contribution to the ongoing quality of these areas.

Walook Swamp

Unable to confirm location of the proposed Industrial rezoning is proposed, and concerned about impact on Swamp. Previous assessment of Industrial land supply (Buchan Consulting, 2010) that there is more than adequate supply, and lack of substantiation of additional industrial land.

Council has resolved that there will be no proposed Industrial Land rezoning as part of the Amendment C78.

Cultural Heritage

Insufficient investigation of this issue. Significance of this matter referenced in Glenelg Desktop Cultural Heritage Study (2007) Tardis Report for GSC.

The level of assessment of the Cultural Heritage issues is commensurate with the extent of existing development, and the proposed density of any new development. This can be effectively evaluated on a site by site basis, and together with the required setback from watercourses will provide the necessary level of protection.

Remnant Vegetation

Proximity of Bolwarra South proposed rezoning to the areas identified in the GLUS (map, p.16) as vegetation areas of environmental significance. Reference to Section 3 Biodiversity in Glenelg Environmental Strategy (2010).

Need for buffer zones between RLZ and RCZ to conserve values and protect from wildfire. Assessment of remnant vegetation patches listed in Glenelg Environment Strategy (2010) (GES) is

The Study Addendum notes that in Figure 13 (p.28) there are only two biodiversity areas in close proximity to the rural living investigation areas in the Portland region. This is described more specifically for Bolwarra/North Portland in Figure 14 (p.29). Examination of the northern boundary of the rural living investigation area which provides a narrow corridor extension surrounded by the biodiversity area, suggested that further investigation of this interface is




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required, and examined on basis of potential need for SLO. Status of the GES, because not formally adopted by GSC, not clear.

required. Site inspection confirmed that due to the limited extent of subdivision capability within this corridor and the extent of existing tree cover, there would be limited impact on the flora and fauna of the site,.

C78 Explanatory Report

Insufficient regard In Explanatory Report for Clause 16.02-1 Rural residential development of Planning Scheme, in the exhibited RLZ’s for North Portland (Map 1 including riparian areas of Wattle Hill Creek); Bolwarra (Map 2); Portland between the coast and the railway line (Map 3, but included on the Bolwarra map on the exhibited Schedule ); and Portland West (Map 4, including downstream riparian areas of the Wattle Hill Creek).

There is adequate regard given to this issue in the Explanatory Report and the Study Addendum. The minimum allotment size of 4.0 hectares and the limited extent of new subdivision which can occur will allow for the protection of flora and fauna. Through effective application of a land management plan there is also opportunity to provide for environmental improvement of these areas.

Failure to confirm “demonstrated need” and land suitable, but instead identified potential locations where it could occur.

The adequacy of required supply is effectively documented in the Study Addendum (pp. 47-50), and in the Spatial Economics, Rural Residential Land Demand and Supply Assessment, 2015 ( p.48).

Failure of the GLUS Addendum to adequately address Clause 16.02-1 Rural residential development.

The suggested areas for investigation as Rural Living Zones, were based on the GSLUS Vol 1 and 2, and have been assessed in regard to the requirements of Practice Note 37 (2015) and GLUS Addendum Version 2 (2015).

Amendment C78 inconsistent with Clause 11 Settlement which includes concept of “sustainable development’ which seeks to consolidate infill development in existing settlements.

The Study Addendum provides an assessment of the SPPF Clause 11, Clause 11.02-1, Clause 11.05-1, Clause 11.05-3, Clause 11.05-4, Clause 11.05-5, Clause 11.09, Clause 11.09-4, Clause 13, Clause 13.02-1, Clause 13.05-1, Clause 14, Clause 14.01-1, Clause 14.02-1, Clause 15, Clause 15.03-2, Clause 16, and Clause 16.02-1, in relation to the proposed areas of rural residential development.

GSSS(2012) appears to rely on idea that settlements need sufficient population to attract services, and that by expanding rural residential development, this will attract new residents.

The GSSS (2012) seeks to support smaller settlements with Glenelg, to reinforce the economic and social resources of these communities, and to optimise available land for a range of residential, rural residential and rural purposes.




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Conclusion:

Amendment C78 supports economic development, while losing valued landscapes and remnant vegetation. It would reduce available agricultural/horticultural land, create an oversupply of RLZ, encourage urban sprawl, not respond to demonstrated need, increase adverse economic, social and environmental impacts. It would not be consistent with recommendations of C73 Panel Report, to remove the following implementation action from Clause 21.09; “ Rezoning fragmented rural land in the Rural Conservation Zone Schedule 2 (RCZ2) to the Rural Living Zone and converting remaining RCZ2 areas into the Farming Zone.

Amendment C78 supports economic and social development. There is no evidence to suggest valued landscapes and remnant vegetation cannot be maintained. Council’s decision to increase the minimum allotment size to 4.0 hectares will assist in this regard. It will not reduce available agricultural and horticultural land and based on assessment of projected demand, will provide an adequate supply.

Submission No. 12

89 Darts Road, Portland

Request for inclusion of this property in the RLZ. The site is occupied by a dwelling and adjacent to land in the RCZ2 which is proposed for inclusion in the Rural Living Zone.

The site is outside the area covered by Amendment C78 and is not able to be considered as part of this process. It can be examined as part of the Portland Industrial Land Strategy.

Submission No. 13:

Dartmoor Land Holding

Request for inclusion of land in Dartmoor in Rural Living Area, based on identification of potential in the GSSS( 2012).

The site is outside the area covered by Amendment C78.

Submission No. 14

Department of Environment, Land, Water and Planning

Notes that areas of high quality biodiversity areas in close proximity or overlapping Rural Living Investigation Areas. Eg. Bolwarra remnants (GSC 2015, p.29) and that DWELP supports measures to improve fire safety. Need for Council to consider implication of VC109, which results in no offsets being required for vegetation removed for defendable space within the RLZ because of the availability of the exemption at

The application of a land management plan (Practice Note 37 Rural Residential Development, p.6) can be effective in supporting the achievement of the required BAL requirements, and providing for any compensating levels of off-set planting on the site.




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Clause 52. 48-5. This would result in a net loss of vegetation as a result of the proposed rezoning.

Submission No.15

Lots 1-4 LP205287A (School Road and The Broadway, North Portland).

Support of proposed Rural Living Zone to reflect current use of the land. Objection to the minimum subdivision size of 4.0 hectares, which should be 1-2 hectares, on the basis that this larger size will be difficult to maintain, that the landscape and scenic environment can be maintained, and that will result in poor management of the 4.0 hectare allotments. A range of controls are suggested for the effective design and siting of development on the requested smaller allotment size.

The minimum allotment size of 4.0 hectares is proposed to maintain environmental values, protect visual quality and existing agricultural practices on adjacent land. It is recommended in the assessment completed by Spatial Economics (2015, p.52). This is based on demand assessment, providing coherent and sustained land management practice and service requirements ( bid, p.52).

Submission No. 16

Wannon Water

Concern expressed that failure to be notified of previous exhibited information. Comments provided in respect of Portland West and North. Capability of service delivery to both of these areas. Concern that proposed rezoning will result in further fragmentation, and that areas is potential suitable for industrial, commercial, or residential zone.

Glenelg Shire Council have advised that contact was made with Wannon Water regarding Amendment C78. The subject areas were not identified in the GSSS (2012) as being appropriate for more intensive residential, commercial or industrial use. The extent to which further subdivision will occur as a result of the application of the proposed Rural Living Zone is limited. The comments made regarding the extent of fragmentation which has already occurred is noted, and is one of the reasons for proposed inclusion in the Rural Living Zone.

Submission No.17

548 Gorae Road, Portland, 3305

Support for inclusion of property in Darts Road (Assessment no. 2590087) in Rural Living Zone

Noted. No action required.

Submission No. 18

568 Gorae Road, Portland Vic 3305.




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Support for inclusion of property in 79 The Broadway (Assessment no. 90039000.0375) in Rural Living Zone


Submission No. 19

209 Beaugleholes Road Gorae West Portland

Support for Amendment C78. Noted. No action required.

Submission No. 20

349 Nelson Road Portland

Support for Amendment C78 based on land owned on east side of Tonkins Road.


Submission No.21

349 Nelson Road, Portland

Support for Amendment C78 based on already completed subdivision.


Submission No. 22

349 Nelson Road, Portland

Support for Amendment C78 based on already completed subdivision.


Submission No.23

59 Thorns Road Portland

Support for Amendment C78 Noted. No action required.

Submission No.24

CFA Barwon Southwest Region

Support for Amendment in current form.

Notes requirements for consideration of applications, referrals and need for planning assessment prior to development applications process.





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Submission No. 25

Native Title Services Victoria Ltd

Notes that the relevant area contains some culturally sensitive areas that any proposed re-development could uncover cultural heritage sites. Also notes that Gunditjmara full group would expect to be consulted before any development commences.

Noted and required action is confirmed.

Submission No. 26

90 Oakpark Road Portland West 3305

Concern with process in regard to time, cost and value of outcomes. Request to be removed from contact list.

Noted. Removal from contact list required.

The location of the properties to which the submissions relate are indicated in Figure No. 18 following, which has been prepared by Glenelg Shire Council.




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Figure No18 : Locations of Submissions.




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6. Planning Assessment – Summary

Amendment C78 complies with the objectives of planning in Victoria as outlined in Section 4 (1) ( a,b ,c and g) of the Planning and Environment Act 1997. It ensures that future development on the periphery of Portland, Bolwarra and Digby occurs in a sustainable and orderly way.

The Amendment addresses environmental, social and economic effects because it implements the recommendations of the Glenelg Sustainable Settlement Strategy (2012), which was based on a number of background investigations and studies, principally including the Glenelg Strategic Land Use Study (2010) and Glenelg Environment Strategy (2010). This is demonstrated in Figure 19 following which graphically summarises the information provided previously in this witness statement.

Figure 19: Summary Strategic Context

In regard to Environmental effects, the Glenelg Land Use Study- Addendum Version 2 (2015) adequately provides a summary of the environmental issues considered during the preparation of the GSSS. It confirms that the proposed RLZ includes areas of biodiversity that will not be impacted by the proposed form of rural residential development. This is because of the limited extent of potential subdivision in proximity to these areas and the minimum allotment size of 4.0 hectares. The 47 remnant vegetation sites and 22 wetlands of significance identified in the Glenelg Environment Strategy will continue to be protected by the provisions of the Glenelg Planning Scheme. Wattle Hill Creek, which is located within the Portland North and West proposed Rural Living Zones, has been identified as crown land and a PCRZ will be applied to this land. The amendment will also rezone Council owned land at Portland West near the Wattle Hill Creek as PPRZ.




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The proposed rezoning of an extensive area of the Shire around these settlements for Rural Living purposes acknowledges the predominant pattern of subdivision which has occurred, and the identified pattern of land use which is a mix of agricultural, horticultural and residential living. There is continued capability to use the land for these purposes, and particularly the established and successful business operations of the Treloar Rose Farm and the Strawberry Farm.

In regard to potential social and economic effects, which were considered in the Section 3 of the Glenelg Land Use Study – Addendum Version 2 (2015), and its original source document, the fragmentation of allotments, soil composition, and extent of existing development were significant factors supporting the proposed rezoning. Infrastructure capability commensurate this form of land use and development has been confirmed.

Bushfire risk, has been examined and there is a need for more detailed assessment of potential sites for buildings in Bolwarra and Portland and Digby as part of the development application process. This is recommended in Practice Note 37: Rural Residential Development (2015) that amongst other items, this will be a requirement of a land management plan. The CFA have given preliminary consideration to the intended rezoning, and will be consulted in relation to any future development application. The explanatory note confirms that the amendment allows for compliance with Clauses 12.05, 22.06 and 52.47.

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Planning and Environment Act and complies with Ministerial Direction no.11 regarding the strategic assessment of amendments. It has demonstrated its capability to meet with the directions of Practice Note 37: Rural Residential Development (2015) and Practice Note 42: Applying the Rural Zones (2013).

Amendment C78 has demonstrated support for the implementation of the State Planning Policy Framework, and specifically Clause 16.02-1 Residential Development. The proposed rezoning will maintain the capability for long-term sustainable use and management of existing natural resources. This is demonstrated by the current mix of agricultural and horticultural activities within the proposed Rural Living Zone. It will not encroach on high quality agricultural land, impact on waterways and other natural resources and can be effectively provided with appropriate infrastructure services due to its proximity to existing urban areas. It is not however earmarked for use for future urban development.

Amendment C78 has also demonstrated its capability to support and implement Local Planning Policy Framework which are considered in detail in the Glenelg Land Use Study Addendum Version 2 (2015) Glenelg Shire Council, and reviewed previously in this statement.

Based on the results of the consultation with relevant authorities during the preparation of Amendment C78 the appropriateness of the selected Rural Living, Public Conservation and Resource, and Public Park and Recreation Zones are confirmed.




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7. Statement of Provisional Opinions

In preparing this Statement, the witness has relied upon data, surveys, plans and other information provided by the Shire of Glenelg and other organisations, most of which are referred to in this document. Except as otherwise stated in the Statement, the Witness has not verified the accuracy or completeness of the data.

In regard to the review of the information provided in the report Rural Residential Land Demand and Supply Assessment Glenelg (2015) Spatial Economics, the witness states that he is unable to provide a view regarding the content of the methodology, as this is outside the scope of his experience.

In regard to the site inspection of the Bolwarra and Portland investigation areas this was completed using a windscreen survey only, and access was not obtained to private property. Site inspection has not been completed of Digby, and inspection has been completed using aerial photography only.

To the extent that the statements, opinions, facts, information, conclusions and/or recommendations in this witness statement, are based in whole or part of the data, those conclusions are contingent upon the accuracy and completeness of this data. The Witness will not be liable in relation to incorrect conclusions should any data, information, or condition been incorrect or have been concealed, withheld, misinterpreted or otherwise not fully disclosed to the Witness.




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8. Scope of Opinion and Completeness

This witness statement has been prepared in accordance with the instructions provided to the witness. In some circumstances the scope of services may have been limited by a range of factors such as time, budget and access to sites included in the investigation area.

The Witness will not be liable to update or revise this report to take into account any events, emergent circumstances or facts occurring or becoming apparent after the date of the report.

In summary I believe that I have made all enquiries that are appropriate to this matter and no other matters of significance which I regard as relevant have to my knowledge been withheld from the Panel.

Marc R. Bartsch BTRP M.L Arch MPIA CPP AILA RLA

Planning Australia Consultants

July 2015

Appendix 1:

MARC R BARTSCH Senior Urban and Regional Planner and Designer

Years of Experience 30

Year of Birth 1956

Residence Australia

Languages English

Education Bachelor of Town and Regional Planning, University of Melbourne, 1981 Master of Landscape Architecture University of Melbourne, 1987

Professional Affiliations Planning Institute of Australia Certified Practicing Planner Australian Institute of Landscape Architects Australian Association of Planning Consultants

Key Qualifications Marc has more than 30 years of planning and landscape design experience This has included urban and regional planning, master-planning, recreation and open space management and landscape design. Responsible for administration and operation of planning and design consultancy providing services to local, state and federal governments and corporations within Victoria, New South Wales, Tasmania, Australian Capital Territory, Queensland, Malaysia, United Arab Emirates, Oman, Qatar, Saudi Arabia and Afghanistan.

International Master Plan Projects and City Design International experience in a range of large scale master plan projects for new city developments

within South- East Asia, and the Middle East. Project scale generally in excess of 500 hectares, and include lakeside and coastal residential developments including:

- Kampung Penarik Mainland Coastal Tourism and Setiu Wetland State Park Merang, Terengganu Integrated Development Plan ( 2009) ECERDC with KWA Planners, Malaysia

- Putrajaya, Kuala Lumpur, Malaysia. Precent 8, 9 and 10. Competition winning masterplan for total accommodation units (10,742).

- Putrajaya, Kuala Lumpur, Malaysia. Precinct 11 providing 11,000 accommodation units on total site of 420 hectares (1998).

- The Palm, Dubai, United Arab Emirates, 77 hectares, in unique island form comprising 3,000 allotments, 1680 apartment units and 80,000sqm retail/marina.

- Mesaieed, Qatar, Industrial City masterplan review for 1200 hectare existing urban area, including major industrial areas and worker accommodation (2001).

- Bukit Nuri, Kota Kinabalu, Malaysia, 5,000 apartments on 520 hectare site with marine facilities (2001).

- Oman, Oman Tourism Development Plan, concept design and assessment for new tourism projects as part of state-wide strategy for tourism infrastructure development (2002).

- Mudon Residential Master Plan.( 2007) Design audit advice to Cansult-Maunsell, for overall community of 40,000 population.

- Al Warqa Master Plan ( 2007) for new development site in Dubai with target population of 11,000. Preliminary design assessment.

- Al Ain Design Guidelines (2006) Municipality of Abu Dhabi. Project assistance to Maunsell-Aecom

- Al Mamzar Masterplan for 44.2 hecatare lagoon frontage site to yield 1248 apartments and 192 affordable units, mosque and school. Municipality of Dubai ( 2008)

- The Lagoons. Design Competition Dubai ( 2006) As part of project team led by Edaw Australia preparation of project submission.

- Kabul New City- Dehsabz South Area (2012) Concept Design for Sports Area and Central Gardens completed for DMF Engineering, Dubai, UAE.

- Ewwan Residential Community II, Jeddah, Kingdom of Saudi Arabia.( 2012) Conceptual Layout for New Residential Area 32 hectare site including apartments, schools and mosque, completed for DMF Engineering, Dubai AUE

Strategic Landscape Planning and Design • Management Plan - Hewlett Packard Australia, Blackburn, Victoria • Canadian Creek Management Plan- Ballarat, Victoria • Vermont Reserve Development Plan, Victoria • Cowes Recreation Reserve Development Plan, Phillip Island • Seaforth Park Plan of Management, Sydney, New South Wales • Stan Moses Reserve and Scott Park Plan of Management, Sydney, New South Wales • Busway Station Area Plans - SE Transit Route, Brisbane Queensland • Bendigo Highway Entrances and Boulevards Study, Bendigo, Victoria • Melbourne Air Traffic Control Area Landscape Strategy (2000). • Burnham Beeches Landscape Management Plan, Victoria (2007) • Harold Fraser and Parkside Drive Plan of Management ( 2008) • Carss Park Bowling Club Site Plan of Management ( 2002) • Harold Fraser Sports Amenities Building Plan of Management ( 2007) • Penguin Township Urban Design Framework, Tasmania (2007) • Port Fairy Industrial Area Development Plan, Victoria (2008) • Expert Evidence to Panel for Tooronga Village Redevelopment regarding open space and setback

requirements from Gardiners Creek (City of Borondara) 2006 • Expert Evidence to VCAT for Victorian Government Solicitors Office for proposed subdivision at

Bridgewater Bay, Victoria ( 2008) • Development Plan for foreshore site in sensitive cultural and environmental setting at Narrawong,

Victoria (2006). • Application for Wineries, Cellar Door, Accommodation and tourist facilities and landscape design

for sites within the Yarra Valley, Victoria ( 2006-2008). • Landscape Design for Large Horticultural Enterprises within the Yarra Valley, Victoria.

Strategic Planning Reviews • Noarlunga Town Centre, Residential Precinct Adelaide ( 2009) • Gheringhap Structure Plan, Golden Plains,Victoria ( 2012) • Glenelg Sustainable Settlement Strategy, Portland,Victoria ( 2011) • Bannockburn Urban Design Framework Review, Golden Plains,Victoria (2011) • Meadowlink Urban Redevelopment, Broadmeadows,( for PB) Melbourne (2009) • Beveridge Structure Plan, Melbourne, Victoria (2009-2010) • South- East Non-Urban Study, Melbourne, Victoria (1998). • Wallan Structure Plan, Shire of Mitchell (2006) • Healesville Freeway Corridor Study (1988). • Dallas-Broadmeadows Urban Design Framework (2004) • Seymour Urban Design Framework ( 2002) • Wondong Heathcote Junction Framework Plan (2001) • Wandong Heathcote Junction Structure Plan, (2010) • Subdivision Review –2050 allotments Mandalay, Beveridge,( 2007) • Subdivision Review- 553 allotments Wallara Waters, Wallan ( 2008). • Beveridge Structure Plan-Stage 1 (2008) • Strahan Residential Subdivision Plan ( 2007) • Township-Landscape Assessments, Shire of Wollondilly, New South Wales. • Strategic Reviews of Launceston, Burnie (Tasmania) and Benalla (Victoria). • Bendigo Residential Development Strategy (2004). • Warrnambool Land Use Plan (2004). • Wandong-Heathcote Junction Township Development Plan (2002). • Wallan Structure Plan and Urban Design Framework (2004). • Residential Neighbourhood Design, Eaglehawk, Ararat, Echuca, Marong. • Woolloongabba Central Project Review, Brisbane, Qld (2000). • Environmental Management Plans-Nunawading, Victoria (1986). • Retirement Housing Project, Canberra (2004). • Moonee Valley Residential Guidelines • Palm Island Residential Development Guidelines, Dubai, UAE (2001). • Port Fairy Implementation Plan ( 2006)

Civic Planning and Design • Brisbane City Signature Program Review, Brisbane, Queensland • Town Centre Design Reviews: Wallan, Victoria ( 2004-2006) • Mill Street Improvement Project, Kilmore, Victoria ( 2010) • Suburban Centres Improvement Project, Brisbane, Queensland • Busway Station Area Planning Project, Brisbane, Queensland (1999 – 2000) • Urban Design Guidelines, North Lakes (Lend Lease), Brisbane 2001 • The Role of the Commonwealth in Urban Design, NCPA, Canberra, ACT • Civic Centre Policy and Development Plan, Canberra, ACT (1986) • Barton Policy and Development Plan, Canberra, ACT (1990) • Blamey Square Design Review. Defence Complex Canberra, ACT • Parliamentary Zone Policy and Development Plan, Canberra, ACT • Joint Venture for More Affordable Housing, Canberra, ACT • Rockdale Town Centre Urban Design Study, Sydney, New South Wales. • Strategic design of harbourside and urban parkland components, site planning and maintenance

requirements for the Darling Harbour Project, Sydney, Australia. Marc R Bartsch BTRP MLArch PIA CPP AILA