Planning and Environment Act 1987

nillumbik PLANNING SCHEME

AMENDMENT C108

EXPLANATORY REPORT

Who is the planning authority?

This Amendment has been prepared by the Nillumbik Shire Council whois the planning authority for this Amendment.

The Amendment has been made at the request of the Nillumbik Shire Council.

Land affected by the Amendment

The land affected by the proposed Amendment is identified in Figure 1 provided at the end of this report. The Amendment applies to part or all of the following properties:

  • 142 Broadgully Road, Diamond Creek
  • 185 Main-Hurstbridge Road, Diamond Creek
  • 22 Herberts Lane, Diamond Creek
  • 201 Main-Hurstbridge Road, Diamond Creek
  • 203 Main-Hurstbridge Road, Diamond Creek
  • 86 Wilson Road, Wattle Glen
  • 26 Herberts Lane, Diamond Creek
  • 65-135 Wilson Road, Wattle Glen
  • 673 Heidelberg-Kinglake Road, Hurstbridge
  • 687 Heidelberg-Kinglake Road, Hurstbridge
  • 675-685 Heidelberg-Kinglake Road, Hurstbridge
  • 1 Mary Place, Hurstbridge
  • 666 Heidelberg-Kinglake Road, Hurstbridge
  • 661 Heidelberg-Kinglake Road, Hurstbridge
  • 137A Wilson Road, Wattle Glen
  • 137 Wilson Road, Wattle Glen
  • 50 Graysharps Road, Hurstbridge
  • 183 Wadeson Road, Hurstbridge
  • 55 Wadeson Road, Hurstbridge

What the Amendment does

The Amendment proposes to enable future development and use of a public shared recreation trail for cyclists, pedestrians and horse-riders between Diamond Creek and Hurstbridge by:

  • Applying the Public Acquisition Overlay: Schedule 4 (PAO4) to land which the Nillumbik Shire Council wishes to acquire for the trail; and
  • Inserting a new Incorporated Document titled Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) – Incorporated Document (May 2016) into the Nillumbik Planning Scheme, which will exempt use and development associated with the trail project from the need for a planning permit, subject to conditions.

The proposed incorporated plan will apply to all land affected by this amendment i.e. land identified in Figure 1 provided at the end of this report.

Specifically, the Amendment proposes to:

  • Apply the Public Acquisition Overlay: Schedule 4 (PAO4) to part of each of the following 12 properties:
  • 142 Broadgully Road, Diamond Creek
  • 185 Main-Hurstbridge Road, Diamond Creek
  • 22 Herberts Lane, Diamond Creek
  • 201 Main-Hurstbridge Road, Diamond Creek
  • 203 Main-Hurstbridge Road, Diamond Creek
  • 86 Wilson Road, Wattle Glen
  • 26 Herberts Lane, Diamond Creek
  • 65-135 Wilson Road, Wattle Glen
  • 673 Heidelberg-Kinglake Road, Hurstbridge
  • 687 Heidelberg-Kinglake Road, Hurstbridge
  • 675-685 Heidelberg-Kinglake Road, Hurstbridge
  • 1 Mary Place, Hurstbridge
  • Amend the schedule to Clause 61.03 to update the maps comprising part of the scheme
  • Amend the Schedule to Clause 45.01 Public Acquisition Overlay to make the Nillumbik Shire Council the acquiring authority for PAO4 applying to the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge)
  • Amend the Schedules to Clause 52.03 and Clause 81.01 to incorporate the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) – Incorporated Document (May 2016) into the Nillumbik Planning Scheme.

Strategic assessment of the Amendment

Why is the Amendment required?

The 2011 Nillumbik Trail Strategy identifies the existing Diamond Creek Trail as the most popular shared use trail in the Shire of Nillumbik as it connects the two major townships of Eltham and Diamond Creek. The strategy also identifies that this trail has a planned extension to connect the townships of Wattle Glen and Hurstbridge. The need to construct the trail has also been identified in State and local policyas an important link within the broader regional trail network for metropolitan Melbourne. This includes Parks Victoria: Linking People and Places, 2002 and its identification as a potential off road trail in the Principal Bicycle Network determined by VicRoads.

The existing trail is important as it provides for both recreation and commuter use, with the trail connecting to Eltham and Diamond Creek railway stations. The proposed trail extension will connect with the Wattle Glen and Hurstbridge railway stations.

The 2011 Nillumbik Trail Strategy identifies that alignment of the trail from Diamond Creek to Hurstbridge was still to be finalised. GTA Consultants on behalf of Nillumbik Shire Council has now undertaken an assessment of alternative trail alignments, resulting in a preferred alignment along the Diamond Creek. This alignment requires greater acquisition of land than a road alignment, but facilitates a safer and more amenable path that achieves an overall better net community benefit outcome.

The Amendment facilitates acquisition and construction along a path alignment that has been the subject of this detailed cost benefit analysis. The Amendment enables land to be acquired for the preferred alignment for the trail and provides the coordinated construction of the trail in a timely and environmentally sensitive manner through the use of the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) - Incorporated Document (May 2016).

Implementing the trail project through use of the incorporated planwill require construction and environmental issues to beproperly managed and without imposing the administrative costs upon the public of seeking planning permits that may be required due to the range of zone and overlay provisions that apply to the landto be developed for the trail.

How does the Amendment implement the objectives of planning in Victoria?

The Amendment supports the objectives of planning in Victoria as set out in section 4 of the Planning and Environment Act 1987 as follows:

Objective 4a)To provide for the fair, orderly, economic and sustainable use, and development of land.

and

Objective 4c)To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria.

The trail provides a sustainable means of improving the recreational walking and cycling links between townships in a manner that supports health and wellbeing of Victorians. The chosen alignment provides safety and well-being benefits to the community by providing picturesque and pleasant trail connections between townships as well as improving recreation and tourism opportunities through supporting travel related activities.

Objective 4b) To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity;

The alignment and construction process outlined in the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) - Incorporated Document (May 2016) ensures the trail is designed and constructed in a manner that protects ecological processes and natural resources of the environment in which the trail will be constructed. The trail alignment has been designed in consultation with the community and based on a detailed cost benefit analysis of trail alignment options.

The chosen alignment along Diamond Creek and subsequent application of the Public Acquisition Overlay enables the trail corridor to be owned and managed by a single public entity, being Nillumbik Shire Council. This will enable public access to the creek environs in which the trail will sit. This will also enable better management of the waterway including water quality, bank stabilisation and protection and enhancement of the habitat along the creek. This land is currently held in multiple private ownerships limiting its coordinated management and public access.

Objective 4e)To protect public utilities and other assets and enable the orderly provision and co-ordination of public utilities and other facilities for the benefit of the community;

Objective 4f)To facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e);

Objective 4l)To provide for compensation when land is set aside for public purposes and in other circumstances.

The application of a Public Acquisition Overlay and use of the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) - Incorporated Document (May 2016) enables coordinated construction of the trail, including appropriate compensation to affected landowners, while minimising the cost of statutory approvals to the wider community.

How does the Amendment address any environmental, social and economic effects?

The Amendment will have positive environmental benefits by bringing parts of the Diamond Creek environs into public ownership thereby enabling co-ordinated and public access to the creek. It will also enable protection of existing native vegetation and planting of new vegetation along the trail, enhancing the creek environs and providing stabilisation to the creek embankment.

The promotion of walking and cycling along the trail has positive environmental benefits, reducing congestion and pollution associated with vehicle traffic.

The Amendment will enable some removal of native vegetation where needed for construction of the trail. A preliminary assessment of the ecological impacts of the preferred trail alignment indicates that this can be managed through appropriate siting to avoid or minimise the destruction of significant vegetation. This includes ensuring the exact location of trail construction within the corridor is designed to minimise vegetation loss. The Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) - Incorporated Document (May 2016), which is to be incorporated into the Nillumbik Planning Scheme, obliges Council to replace any vegetation removed consistent with an environmental management plan and the requirement to achieve no net loss of native vegetation, in accordance with Clause 52.17 of the Nillumbik Planning Scheme.

The Amendment will have positive social effects by broadening the access to recreation trails in the northern metropolitan region of Melbourne and creating an identified link in the trail network. The link will support and promote active living and social connections through improved walking, cycling and horse riding opportunities along the trail corridor. It will also improve public access to the Diamond Creek as a public waterway.

Providing the trail along the creek alignment minimises safety issues associated with a trail aligning with roads and provides a more pleasant and amenable environment to promote the use of cycling walking and separated horse riding along the trail.

While the trail requires use of public funds to construct the trail and is financially more expensive than constructing a trail along a road alignment, it is considered the social, environmental and well-being benefits of the creek alignment outweigh these costs.

The trail has wider economic benefits by enhancing local tourism associated with destination points at Hurstbridge, Diamond Creek and Wattle Glen. As identified in Council’s Economic Development Strategy 2011-2016 new and extended trails can generate business for accommodation providers, tour guides, bike and canoe hire, and so on, particularly where the trails link destination points and form part of the wider tourism development of the area.

Does the Amendment address relevant bushfire risk?

Ecology and Heritage Partners Pty Ltd was engaged by Council to conduct a preliminary ecological and bushfire assessment for the proposed trail alignment. This assessment identifies that the increased access to areas of vegetation may improve opportunities to conduct bushfire management along the creek.

Consultation with the CFA in scoping the proposed trail alignment has identified that the trail may increase the opportunity for increased fire starts due to increased public access to areas of vegetation. This risk, however, can be managed by ensuring there isadequate access for fire appliances along the trail. These issues will be addressed in the detailed design stage.

Does the Amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

Ministerial direction No. 9 – Metropolitan strategy requires an amendment to have regard to Plan Melbourne 2014 being the Metropolitan Planning Strategy for Melbourne.

The Amendment is consistent with Plan Melbourne in that it:

  • Promotes and supports the 20 minute neighbourhood concept in Direction 4.1 by improving the walking and cycling opportunities to and between townships.
  • Supports sustainable transport options.
  • Implements Direction 3.4 to improve local travel options. Specifically it supports initiative 3.4.1 to make neighbourhoods pedestrian friendly by connecting local areas within the Shire of Nillumbik and initiative 3.4.2 to create a network of high quality cycle links.

The Amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act and Ministerial Direction No 11 –

Strategic Assessment Guidelines, as documented in this Explanatory Report.

How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy?

The trail extension supports and implements theState Planning Policy Framework by:

  • Improving open space links through the provision of a new walking and cycle trail that can implement the objective of Clause 11.03-1 to assist in the creation of a diverse and integrated network of public open space commensurate with the needs of the community.
  • Enabling native vegetation to be managed consistent with Clause 12.01-2.
  • Including land along the Diamond Creek embankment into open space, through applying the Public Acquisition Overlay can assist in protecting the landscape of the creek environs as sought by Clause 12.04-2 and 12.05-1.
  • Not impeding on any substantial area of high quality agricultural land (as sought by Clause 14.01-1) with the trail contained within the confines of the Diamond Creek corridor.
  • Assisting the protection and restoration of the waterway through coordinated public land management as sought by Clause 14.02-1 by acquiring land along the Diamond Creek for public use.
  • Supporting the use of sustainable personal transport and the integration of cycling with land use as sought by Clause 18.02-1 and 18.02-2.

The trail is also supported by State and regional strategies including:

  • Victoria’s Cycle Tourism Action Plan, 2011-2015. This plan, developed by Tourism Victoria outlines the need to leverage and enhance opportunities for cycle tourism. This includes initiatives to grow cycle tourism.
  • Parks Victoria: Linking People and Places, 2002. This strategy has a strategy of continued growth and improvement of the open space network. It lists the extension of the Diamond Creek trail from Diamond Creek to Hurstbridge as an action to occur in the 10 years from 2002 and remains unfulfilled.
  • The trail is identified as a potential off road path in the VicRoads Principal Bicycle Network.
  • The use of personal sustainable transport is also supported by the Victorian Health and Wellbeing Plan 2015.

How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

The trail supports and implements the Local Planning Policy Framework by:

  • Implementing directions and policy at Clause 21.02 to extend the existing Diamond Creek trail to Wattle Glen and Hurstbridge.
  • Further developing a trail that can link the key activity centre of Diamond Creek with the surrounding township network and encourage safe pedestrian access for residents as sought by Clause 21.03 – 4.
  • Implementing directions of reference documents including the Open Space Strategy and the Nillumbik Trails Strategy 2011, as sought by Clause 21.03-4
  • Implements a feasibility study now completed to enable the installation of trail infrastructure from Diamond Creek to Hurstbridge as directed by Clause 21.05-5.

Does the Amendment make proper use of the Victoria Planning Provisions?

The Amendment applies the Public Acquisition Overlay to land that is sought to be acquired by Nillumbik Shire Council for open space so as to enable construction of the trail and protect the banks of the Diamond Creek as part of an open space reserve. Applying the Public Acquisition Overlay to this land is consistent with the overlay’s intent to identify land to be acquired by the relevant authority and to ensure that changes to the use or development of the land do not prejudice the purpose for which the land is to be acquired.

Given the number of properties affected by the Public Acquisition Overlay and the range of zones and overlays that the trail runs through, use of Clause 52.03 - site specific inclusions, is considered to be the most efficient VPP tool to enable construction of the trail. The inclusion of the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) - Incorporated Document (May 2016) into the schedule to this clause can deliver a particular land use and development outcome that is a unique and therefore extraordinary circumstance within the Shire of Nillumbik, supported by State and local policy. Using the incorporated document through Clause 52.03 can prevent public funds, allocated to acquire land and construct the trail, being unnecessarily re-directed to pay costs associated with planning permit approvalsthat may be triggered by individual overlays or particular provisions of the Nillumbik Planning Scheme.

The inclusion of the incorporated document provides conditions and requirements for development that are consistent with the planning scheme, but allows for a more streamlined approval process for the works to construct the trail. This includes requirements for an ecological assessment, an environmental management plan and for appropriate offsets.

How does the Amendment address the views of any relevant agency?

The option analysis report prepared by GTA was referred to a number of agencies for comment, includingall relevant agencies such as Melbourne Water, CFA, Vic Roads, Vic Track, Department of Environment, Land, Water and Planning, Tourism Victoria and the Metropolitan Planning Authority.

Council also consulted with Bicycle Network, Equestrian Victoria, Walks Victoria and Sport and Recreation Victoria through this process.

Further consultation with relevant servicing agencies will occur during exhibition of the Amendment.

Does the Amendment address relevant requirements of the Transport Integration Act 2010?

There are no relevant requirements of the Transport Integration Act 2010 applying to theAmendment.

The Amendment supports the vision of the Transport Integration Act 2010 by facilitating the development of a recreation trail that includes use for walking, cycling and horse riding that connects to the broader transport system. The trail alignment does so in a manner that is safe and supports health and well-being.