Schedule 6 to the Development Plan Overlay

SWAN HILL PLANNING SCHEME

SCHEDULE 6 TO THE DEVELOPMENT PLAN OVERLAY

Shown on the planning scheme map as DPO6

SWAN HILL SOUTH WEST DEVELOPMENT PRECINCT

This schedule applies to landpart of Lot 2 PS 405842S, Sea Lake-Swan Hill Road, Swan Hill, Lot 2 LP 131446, Dead Horse Lane, Swan Hill and Lot 1 LP131446, Feldtmann Lane, Swan Hill all within the South West Development Precinct.

1.0Requirement before a permit is granted

A permit must not be granted to use or subdivide land, construct a building or construct or carry out works until the following is prepared to the satisfaction of the Responsible Authority:

1.1Detaileddevelopment plan.

• A detailed development plan for the entire area identified above in this schedule must be prepared as per the requirements outlined in this schedule and approved by the Responsible Authority. The following plans and documents, for the entire land identified in this Schedule, must be submitted to and approved as part of the above development plan:
• Site analysis and subdivision layout as specified in Clause 3.1.1 of this Schedule.
• Infrastructure Plan as specified in Clause 3.1.2 of this Schedule.
• Drainage Master Plan as specified in Clause 3.1.3 of this Schedule.
• Traffic Impact Assessment as specified in Clause 3.1.4 of this Schedule.
• Preliminary Environmental Audit in Clause 3.1.5
• An Environmental Management Plan as specified in Clause 3.1.6 of this Schedule.
• Cultural Heritage related requirements as specified in Clause 3.1.7 of this Schedule.

Note: The approved development plan may be amended to the satisfaction of the Responsible Authority.

1.2Section 173 Agreement – Provision of infrastructure

• A signed and registered agreement pursuant to section 173 of the Planning and Environment Act 1987 between Swan Hill Rural City Council and the landowners. This agreement must be in accordance with the requirements and cost details outlined in Appendix B(titled Section 173 Agreement for the Provision of Infrastructure Applied to Development Plan Overlay Schedule 6) to the South West Development Precinct Contribution to Infrastructure 3 March 2015 (or as revised thereafter)

The agreement must be prepared in consultation with, to the satisfaction of, and at no cost to Swan Hill Rural City Council and then be registered on the Certificate of Title for each parcel of land identified in this Schedule in accordance with Section 181 of the Planning and Environment Act 1987. This agreement must not be removed from the Certificate of Titles until the development is completed to the satisfaction of the Responsible Authority.

1.3Exemptions

Permits may be granted before the detailed development plan is approved for the following, subject to the Responsible Authority being satisfied that the issuing of a planning permit will not prejudice the implementation of the Master Plan for the South West Development Precinct:

• A single dwelling on an existing allotment (provided the requirements under Clause 3.1.5 is satisfied)
• Buildings or works and extensions and modifications associated with an existing use in accordance with the provisions of Clause 63 of this Planning Scheme.
• Excision of an existing dwelling. The excision should be limited to the dwelling and any outbuildings and works associated with the dwelling to the satisfaction of the Responsible Authority.
• An outdoor advertising sign/structure.
• A minor utility installation and access to it.
• Boundary realignment to the satisfaction of the Responsible Authority and will not prejudice the implementation of the Master Plan for the South West Development Precinct.

2.0 Conditions and requirements for permits

• Conditions as appropriate must be included on any planning permit issued, other than those that are exempted by this schedule, to ensure the provision of infrastructure as specified in this Schedule to the satisfaction of the Responsible Authority.

• Infrastructure works - General

Prior to the issue of a Statement of Compliance the developer must provide the infrastructure in accordance with the approved Infrastructure Plan prepared under this Schedule.

• The provision of infrastructure requirements

Infrastructure must be provided to the standards specified below in Table 1 - Details of Infrastructure to be Provided

Table 1 Details of Infrastructure to be Provided

• Upgrading of existing infrastructure

Existing infrastructure servicing the subject land must be upgraded to the standards specified in Table 2 - Details of Existing Infrastructure Upgrades Required.

Table 2 Details of Existing Infrastructure Upgrades Required

All the infrastructure must be constructed to the standards specified in the Infrastructure Design Manual (as updated) at the time of construction.

• Construction Management Plan

A site construction management plan that accords with the sediment control principles outlined in Construction Techniques for Sediment Pollution Control (Environment Protection Authority, 1991) to manage site run off, dust, erosion, litter and construction waste must be submitted to and approved by the Responsible Authority prior to the commencement works.

• Conditions to be included on all lots that abut No 7 Dead Horse Lane Swan Hill
• A section 173 Agreement under the Planning and Environment Act 1987 will be included to lots abutting to No 7 Dead Horse Lane that the landowners:
• Acknowledge the non-residential uses and activities of the adjoining property at No. 7 Dead Horse Lane
• Prior to the issue of a Statement of Compliance a 20 metre wide tree buffer along the full length of the abutting boundary to No. 7 Dead Horse Lane must be provided by the developer to the satisfaction of the Responsible Authority.
• The landowners must maintain the tree buffer at all times to the satisfaction of Responsible Authority (maintenance of tree buffer allow trimming and pruning for safety reasons)
• No habitable or other buildings to be constructed within this 20 metre tree buffer area.
• Conditions to be included on all lots that abut to Farming Zone land
• A section 173 Agreement under the Planning and Environment Act 1987 will be included to lots abutting to Farming Zone land that the landowners:
• Acknowledge the non-residential uses and activities of the adjoining Farming Zone land
• Prior to the issue of a Statement of Compliance a 20 metre wide tree buffer along the full length of the abutting boundary to Farming Zone land must be provided by the developer to the satisfaction of the Responsible Authority.
• The landowners must maintain the tree buffer at all times to the satisfaction of Responsible Authority (maintenance of tree buffer allow trimming and pruning for safety reasons)
• No habitable or other buildings to be constructed within this 20 metre tree buffer area.

Even after rezoning of the said Farming Zone land to General Residential Zone non-residential uses and activities may continue under Clause 63 - Existing Use of the Swan Hill Planning Scheme. As such this agreement must not be removed until non-residential uses and activities are ceased on the adjoining Farming Zone land.

3.0Requirements for Development Plan

The Master Plan for the South West Development Precinct was prepared and approved by the Swan Hill Rural City Council in March 2015 (or as revised thereafter by the Swan Hill Rural City Council).

The Development plan for the land identified in this Schedule must:

• Ensure future use and development within the South West Development Precinct is generally in accordance with the approved Master Plan for the South West Development Precinct prepared and approved by Swan Hill Rural City Council March 2015 (or as revised thereafter).
• Ensure the orderly development of the Swan Hill South West Development Precinct creates a liveable place for the current and future communities of Swan Hill and incorporates Sustainable Design and Healthy by Design principles.
• Encourage high density development along the proposed Collector Streets.
• Ensure the development provides appropriate traffic, drainage, transport, recreational, community and necessary social infrastructure to service the community.

Draft Master Plan for the South West Development Precinct

3.1Requirements for Development Plan for the Land Identified in this Schedule

3.1.1Site analysis and subdivision layout

The development plan must be drawn to scale and must be generally in accordance with the approved Master Plan for the South West Development Precinct and include the following but not limited to:

• A detailed site analysis plan showing existing conditions on the subject land and adjoining and opposite properties, contours at 0.1 metres and existing infrastructure, vegetation, buildings and any other structures.
• A subdivision layout that:
• Creates a safe, convenient and legible street layout design that ensures development fronts streets and public open space.
• The subdivision layout is sympathetic and appropriately responds to the proposed infrastructure as identified in the approved Master Plan for the South West Development Precinct, and developments that are already established within the adjoining land parcels. Internal streets must provide linear connections within and adjoining properties, precincts and existing streets and cul de sacs should be avoided where appropriate.
• Court bowls within developments should be avoided in situations where there is opportunity to continue streets to provide linear connection and encourage walking
• Provides for a mix of lot sizes that can offer diverse residential development choices and affordable housing options. This may include provision of small lots on corner properties where appropriate.
• Lot orientation is consistent with the requirements of Sustainable Design Guidelines including solar efficiency where and as appropriate.
• Is consistent with the requirements of Safer Design Guidelines to create passive surveillance to public areas including streets and open spaces.
• Has a minimum lot size of 2000m2 abutting Dead Horse Lane as specified in the approved Master Plan for the South West Development Precinct.
• Has a minimum lot size of 1000m2 abutting Farming zoned land. This requirement is valid until the adjoining Farming zoned land being rezoned to General Residential Zone.
• A 20 metre wide tree buffer along the full length of the boundary of No. 7 Dead Horse Lane must be shown.
• Incorporates where appropriate Healthy by Design principles to encourage walking, cycling and active living by design.
• Identify vegetation that is to be retained and/or to be removed.
• Identify existing and proposed infrastructure.
• Identify existing buildings, works and structures that are to be removed or to be relocated.

3.1.2 Infrastructure Plan

The Infrastructure plan should address the following as appropriate:

•The provision, staging and timing of stormwater drainage works both internal and external to the precinct.

•The provision, staging and timing of road works (including allocation of land for the proposed bus stops, associated works, and shared paths.

•The provision and staging of the implementation of all recommendations identified in an approved Traffic Impact Assessment prepared for the development.

•Any other infrastructure or related matters reasonably requested by the Responsible Authority associated with the development of the land.

3.1.3 Drainage

A Drainage Management Plan for the land identified under this Schedule addressing the management of the quantity of stormwater must be prepared to the satisfaction of the Responsible Authority. The Plan then must be approved by the Responsible Authority.

The Drainage Management Plan must address the following but not limited to:

• Provision for stormwater arriving from upstream, passing through, and moving downstream from the site
• An assessment of the existing surface and subsurface drainage conditions on the site by a suitably qualified professional and the potential impacts on the proposed development, including any measures required to mitigate the impacts of groundwater coming to the ground surface on the development and the impact of the development on drainage.
• Detailed geotechnical and hydrological analysis and design of any retardation basins and their proximity to any groundwater table and in particular how groundwater infiltration will be addressed and how accessions to the water table will be addressed to the satisfaction of the Responsible Authority.
• Detailed computations and stormwater modelling showing that there are no adverse impacts to the operation of the Swan Hill Main Drain in a 100 year ARI rainfall event by any discharge from the drainage system serving the precinct to the Swan Hill Main Drain.
• Subdivision layout and road alignment must consider and give effect to the natural direction of overland flow paths for stormwater. Overland flows should be along roads reserves. Overland flows in drainage reserves should be avoided wherever possible.
• The provision, staging and timing of drainage infrastructure serving land identified in this Schedule.
• A detailed landscape plan for any retardation basin constructed showing the proposed landscape treatments, tree planting, footpaths around the basins and access to and around the basins for maintenance in accordance with the standards specified in the Infrastructure Design Manual (as updated)
• A minimum of 40% of the perimeter of the retardation basin must have a frontage to a road/s to allow overland flows to enter the basin unless otherwise agreed in writing by the Swan Hill Rural City Council
• Must show the approved drainage connection points to Swan Hill Rural City Council’s existing drainage infrastructure.
• Designation of fence design provisions in relation to the interface with retardation basin areas to maximise passive surveillance.
• Approval from all relevant service authorities whose assets or land may be affected by surface or pipe flow discharge. In particular it should be noted that a separate permit (Works on Waterway) from the relevant Catchment Management Authority may be required if:
• There is a direct connection to a waterway.
• There is a bridge or culvert over a waterway.
• Construction of a retardation basin, and
• When required by the relevant Catchment Authority
• Any other requirements as appropriate and determent by the Responsible Authority at the time of the development

3.1.4 Traffic

A Traffic Impact Assessment Report that is generally consistent with the report titled “Swan Hill South West Development Precinct Traffic Impact Assessment” dated 20 June 2014) (or as revised thereafter), and the Swan Hill South West Development Precinct Traffic Strategy dated 25 February 2015 (or as revised thereafter) and referenced in this schedule must be prepared for the land identified in this Schedule, to the satisfaction of the Responsible Authority.

The Traffic Impact Assessment Report must address the following but not limited to:

• Appropriate access and circulation of vehicles on the existing and future road network.
• Appropriate integration with the existing or proposed subdivision of adjoining properties including through alignment and configuration of the street network and landscape character.
• The identification of existing and proposed public transport routes, bus stops (as shown on the approved Master Plan for the South West Development Precinct) and associated infrastructure.
• The identification of existing and proposed pedestrian and cycling networks and shared paths
• Including provision for safe and convenient linear access to public transport infrastructure.
• The works necessary to accommodate traffic generated by the development and to mitigate the impact of that traffic on the development.
• Ensure that the road and intersection design must create efficient clearance of traffic, activity areas including around public facilities. The proposed road network should not overload or detrimentally affect existing or proposed residential streets and intersections.
• Adequate sight distance should be provided, especially where road alignment deflections occur at acute angles.
• Road layouts should provide natural traffic speed control, appropriate to the street category. The introduction of specific speed control devices should be considered only as a secondary option. Roundabouts may be implemented at intersections. However, care must be taken to provide adequatelysized roundabouts and therefore road reservation boundaries must be designed to accommodate the radius required and sightlines.
• Road layouts should be designed for all road users appropriate to the street type, including service vehicles, emergency vehicles, waste collection vehicles and street-sweepers. Bus routes need to be considered when developing road networks and be based on the Department of Environment Land Water and Planning publication titled ‘Public Transport Guidelines for Land Use Development’ (or a replacement document by the Department).
• Road reserve widths must be adequate for the intended road type, and should comply with requirements of the Infrastructure Design Manual (as updated).
• Should include a typical cross-section of differing road types, detailing the intended function of the road, e.g. bike lanes, drainage and landscaping.
• Addresses all off-site traffic infrastructure requirements associated with the development and is to be accompanied by a Road Safety Audit, prepared by an appropriately qualified person. The Plan must address any safety issues raised by the Audit.

3.1.5Preliminary Environmental Audit