S and J Barbagallo - South Gippsland Shire · 2016-05-19 · Ref: 1600042 Proposed Subdivision – 155 and 157 Boolarra South Mirboo North road, Mirboo North BEVERIDGE WILLIAMS &

S and J Barbagallo Proposed Subdivision 155 and 157 Boolarra South Mirboo North Road Mirboo North

Beveridge Williams Leongatha Office

45A Bair Street Leongatha 3953

PO Box 161 Leongatha 3953

Tel: (03) 5662 2630 Fax: (03) 5662 3578

www.beveridgewilliams.com.au

Ref: 1600042 Proposed Subdivision – 155 and 157 Boolarra South Mirboo North road, Mirboo North

BEVERIDGE WILLIAMS & CO PAGE 1

TABLE OF CONTENTS

1. INTRODUCTION ..................................................................................................................... 2

2. SITE & SURROUNDS ............................................................................................................... 2

2.1 SUBJECT SITE .................................................................................................................................. 2 2.2 SURROUNDING AREA ....................................................................................................................... 3

3. THE PROPOSAL ...................................................................................................................... 3

4. PLANNING CONTROLS ........................................................................................................... 4

4.1 STATE PLANNING POLICY FRAMEWORK ............................................................................................... 4 4.2 LOCAL PLANNING POLICY FRAMEWORK .............................................................................................. 5 4.3 ZONING & OVERLAYS ...................................................................................................................... 9

5. PLANNING CONSIDERATIONS .............................................................................................. 10

5.1 HOW THE SUBDIVISION PROMOTES THE PURPOSES OF THE FARMING ZONE ...........................................10 5.2 HOW THE SUBDIVISION RESPONDS TO THE DECISION GUIDELINES OF THE FARMING ZONE .......................11 5.3 HOW THE SUBDIVISION RESPONDS TO CLAUSE 22.06 ..........................................................................20 5.4 HOW THE SUBDIVISION RESPONDS TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY SCHEDULE 1 ............24 5.5 HOW THE SUBDIVISION RESPONDS TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY SCHEDULE 5 ............24

6. CONCLUSION ....................................................................................................................... 24

ATTACHMENTS

ATTACHMENT A: .................................................................................................... CERTIFICATE OF TITLE ATTACHMENT B: ....................................................................................................... PLUMBERS REPORT ATTACHMENT C ............................................................................................................. LOCALITY PLAN ATTACHMENT D ..................................................................................... PROPOSED PLAN OF SUBDIVISION ATTACHMENT E .......................................................................................... PLANNING PROPERTY REPORT



1. INTRODUCTION Mr S and Mrs J Barbagallo have requested Beveridge Williams and Co Pty Ltd to lodge a planning permit application to “excise” an existing dwelling from a parcel of land at 155 and 157 Boolarra South Mirboo North Road, Mirboo North. The dwelling to be “excised” is one of two dwellings situated on the land. The subject land is situated on the outskirts of Mirboo North and at 6.84ha in area is well below that which could reasonably be utilised for farming purposes and therefore achieve the outcomes sought by the Farming Zone. Furthermore the context of the land, being surrounded by predominately rural living or rural lifestyle lots would also provide support to the current subdivision proposal. This report provides an assessment of the proposal having regard to the provisions of the South Gippsland Planning Scheme.

2. SITE & SURROUNDS 2.1 SUBJECT SITE The subject land has an area of approximately 6.84ha and is contained in a single certificate of title being Lot 1 on PS651294. A copy of the certificate of title is contained in Attachment A. The subject land is situated on the north side of Boolarra South Mirboo North Road. An unused Government Road forms the western boundary and the eastern boundary abuts an existing rural living/rural lifestyle lot. Whilst land to the north is a larger farm title a significant portion of it has been identified for future residential development. The subject land is gently undulating and has for the most part been cleared of native remnant vegetation with only a few scattered mature trees remaining. Other significant vegetation on the land is native and exotic trees around the dwellings and a few remnant trees scattered around the property. The subject land contains two existing dwellings situated approximately 15m apart. The western most dwelling is a small two bedroom cottage which until recently (October 2015) has been leased out. The second dwelling is a more substantial brick veneer dwelling which is presently occupied. Both dwellings are setback 40 – 50 metres from the Boolarra South Mirboo North Road. Each dwelling has a separate established vehicle entry although a common driveway was utilised until recently. Mr Barbagallo has recently constructed a fence between the two lots. At 6.48ha there is clearly no real need for a “second” dwelling on the land in association with an ongoing farming enterprise.



Both dwellings are connected to an independent electricity and telecommunications supply as well as each having a separate septic tanks and effluent disposal field. A plumbers report indicates that the septic tank for the dwelling at 157 Boolarra South Mirboo North Road is presently up to standard and working sufficiently. The septic tank for the other dwelling is below standard and “restitution” of this would occur in conjunction with the future subdivision. Having regard to the terrain of the land it may be necessary to pump effluent uphill to achieve satisfactory onsite absorption. A copy of the Plumbers Report is contained Attachment B. Other improvements on the land include an existing shedding and other typical small scale farm infrastructure. 2.2 SURROUNDING AREA The subject site is located on the outskirts of Mirboo North approximately 1.7km from the town centre. Locality plans displaying the site in relation to the surrounding area are contained in Attachment C. The immediate area is predominately rural living/rural lifestyle in nature and is characterised by a number of “small” rural lots of varying size and intensity of use. Further from the town more traditional and larger scale agricultural enterprises become more prevalent. Boolarra South Mirboo North Road adjacent to the subject land is a good quality rural road with bitumen pavement and open road side drainage as required. The area is largely cleared of indigenous vegetation with only a few dispersed significant remnants remaining.

3. THE PROPOSAL The proposal is to subdivide the subject land into two lots as follows: Lot 1 Will have an area of approximately 2.18ha and will contain the existing dwelling at 157

Boolarra South Mirboo North Road. Lot 2 Will have an area of approximately 4.66ha and will contain the second older dwelling, the

balance of the land and existing small scale farm infrastructure. A copy of the proposed plan of subdivision is contained in Attachment D. Each dwelling will retain a separate and well established existing vehicle access point. Each dwelling is connected to reticulated underground electricity. The proposal will create a separate lot for each existing dwelling neither of which are necessarily required for “legitimate” farm management purposes in the longer term.



The subdivision would have the no obvious detrimental impact on nearby farming activities in the immediate area having regard to its rural living/rural lifestyle context. The internal boundaries are slightly irregular in shape and this is determined by a combination of existing fencing, outbuildings and the proximity to key electricity infrastructure within the small lot. It is anticipated that it may be necessary to alter the boundary as currently proposed to accord with the location of existing underground infrastructure. If required the extent of such change would likely be only minor in the circumstances.

4. PLANNING CONTROLS 4.1 STATE PLANNING POLICY FRAMEWORK The following clause of the State Planning Policy Framework is relevant to this proposal:

11.05-3 Rural productivity Objective To manage land use change and development in rural areas to promote agriculture and rural production. 14.01-1 Protection of agricultural land Objective To protect productive farmland which is of strategic significance in the local or regional context. Strategies Ensure that the State’s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use. ………………. In considering a proposal to subdivide or develop agricultural land, the following factors must be considered:

The desirability and impacts of removing the land from primary production, given its agricultural productivity.

The impacts of the proposed subdivision or development on the continuation of primary production on adjacent land, with particular regard to land values and to the viability of infrastructure for such production.

The compatibility between the proposed or likely development and the existing uses of the surrounding land.

Assessment of the land capability. Subdivision of productive agricultural land should not detract from the long-term productive capacity of the land.

14.01-2 Sustainable agricultural land use Objective To encourage sustainable agricultural land use.



Strategies Ensure agricultural and productive rural land use activities are managed to maintain the long-term sustainable use and management of existing natural resources. Encourage sustainable agricultural and associated rural land use and support and assist the development of innovative approaches to sustainable practices. Support effective agricultural production and processing infrastructure, rural industry and farm-related retailing and assist genuine farming enterprises to adjust flexibly to market changes.

4.2 LOCAL PLANNING POLICY FRAMEWORK 4.2.1 The Municipal Strategic Statement (MSS) The following clauses of the Municipal Strategic Statement are relevant to this proposal. Clause 21.02 depicts the Municipal Profile and the following are considered relevant to the proposal.

21.02-5 Natural resource management The South Gippsland Shire’s natural resources are essential for biodiversity, agriculture, industry and recreation. The Shire contains some of the most productive agricultural areas in Victoria and provides a substantial proportion of Victoria’s milk and milk products as well as beef, prime lamb and timber products. Other forms of agricultural production include vegetables (for example, potatoes and snow peas), cereal cropping and grape growing. The relatively abundant rainfall and high quality agricultural soils of the area will likely continue to make the Shire attractive to agricultural producers.

21.02-7 Economic development Agricultural and associated manufacturing and service industry underpin the Shire’s economy. The agricultural industry is supported by large dairy processing plants at Leongatha and Korumburra, with some value adding such as cheese production occurring on farms. Major saleyards are located at Koonwarra and abattoirs are at Foster and Poowong. Boutique farming is a small but emerging sector with activities such as alpaca rearing, olives, native bush food and organic food production have been introduced into the municipality in recent years.

Clause 21.03 identifies the Key Issues facing the Municipality and those considered relevant to the proposal are;

21.03-4 Natural resource management

The need to protect and promote the importance of a strong agricultural base to the Shire’s economy

The need to preserve rural land for commercial scale agricultural production

The diversification and restructuring of the agricultural industry through the development of more intensive farming, value-adding opportunities and the decline of traditional forms of agricultural employment



21.03-6 Housing

The need to raise the awareness of people who choose to live in rural areas that they must expect rural land uses and infrastructure levels as well as a rural amenity and lifestyle, while supporting living opportunities in rural areas throughout the Shire

The need to provide diversity in housing Clause 21.04 identifies the Vision for development, land use and other elements within the South Gippsland Shire, again those considered relevant to the current proposal are;

21.04-2 Vision The visions for South Gippsland are: Settlement

Availability of high quality and diverse lifestyle opportunities

The environment, landscape, built form and heritage of the Shire The MSS then goes onto include Objectives and Strategies to achieve the desired outcomes or address issues identified previously. The following are considered relevant to the current proposal;

21.08-1 Agriculture Overview Agriculture and associated agricultural manufacturing has always been the major industry within the Shire. Considerable opportunities exist to add value to primary produce and to diversify the base income of the rural sector and improve employment opportunities. The region's competitive strengths of rich agricultural soils, high rainfall and close proximity to Melbourne should be promoted to attract new industries complementary to the region’s lifestyle. Objectives and strategies Objective 1 To maintain a viable and sustainable agricultural industry as the corner stone to the Shire’s economy and its future wellbeing Strategy 1.1 Protect high quality agricultural land for primary production Strategy 1.2 Strongly discourage rural residential land use on lots over 4.1 hectares in agricultural

areas Strategy 1.3 Strongly discourage the development of houses in old Crown township areas except

where such lots form part of a sustainable farm or are adjacent to existing urban/serviced areas or have been approved for re-structure

Strategy 1.4 Limit the impact of house lot excisions by strongly encouraging:

minimum lot size of 0.4 hectares and a maximum lot size of 2 hectares for a house lot

residual lot to generally be a minimum of 40 hectares



21.10-1 Housing choice and diversity Overview The Shire contains a diverse range of housing types that contribute to the lifestyle opportunities and attractiveness of the region as a place to work, live and visit. For the long-term sustainability of the region, it is important that adequate opportunities are provided to accommodate the changing lifestyles and housing needs of the existing and future population. Currently, there is a lack of innovative and creative medium density housing development within the Shire and opportunities exist to encourage this type of development in appropriate locations. Objectives and strategies Objective 1 To provide diversity in housing types across the Shire to meet the changing needs of the population Strategy 1.1 Encourage diversity in dwelling type and size to provide greater choice and

affordability

4.2.2 Local Planning Policy In March 2012 Amendment C63 to the South Gippsland Planning Scheme introduced a new policy for Rural Subdivision the purpose of which is to guide future subdivision within the farming zone. Following a review of the MSS in 2013 the policy has been renumbered to 22.06. The policy contains the following Policy Basis and objectives:

Policy basis The rural areas of South Gippsland have experienced a high level of land fragmentation, arising from both historical settlement patterns and less stringent planning policies under earlier planning schemes. Left unchecked, further fragmentation through land subdivision could have considerable implications for agricultural production, landscape, and the servicing of populations in outlying areas. The agricultural sector dominates the economy of South Gippsland, with food production and processing accounting for significant employment. With high quality soils and generous rainfall relative to other parts of the State, this sector is likely to continue to dominate the local economy and further expand as farmers and processors seek secure land for the production of food and materials. It is necessary that farmers have access to sufficient areas of land to carry out food and fibre production in a cost-effective manner. The subdivision of land into smaller lots, including house lot excisions, can have ongoing implications for the supply of affordable agricultural lots by driving up land prices beyond the productive value of the land. South Gippsland already has a considerable supply of lots at a range of sizes, such that further subdivision for genuine agricultural reasons will rarely be necessary. Many areas that have experienced high levels of fragmentation may require consolidation or restructure through boundary realignments in order to create economically competitive land units. Likewise, expanding farming businesses may find it necessary to remove surplus dwellings from the land through house lot excisions. There is a compelling need for clear and robust planning criteria around such practices in order to ensure the fair, sustainable and economic use and development of rural land.



Objectives

To limit the further fragmentation of rural land by subdivision.

To ensure that lots resulting from subdivision are of a sufficient size to be of benefit to agricultural production

To encourage the consolidation of rural lots

To limit the cumulative impact of house lot excisions, including serial small lot subdivisions

To ensure that house lot excisions are undertaken for legitimate reasons related to agriculture

To provide a consistent basis for considering planning permit applications for the subdivision of rural land

The key policy statements as they relate to the current proposal are:

Subdivision of land to accommodate an existing dwelling The following policy identifies that the excision of a dwelling through subdivision can take place by either of two methods. Firstly, through the re-subdivision of existing lots such that the number of lots does not increase, or secondly through the creation of an additional lot on the land such that the number of lots is increased. It is policy that:

Any proposal for the subdivision of land to accommodate an existing dwelling must demonstrate that:

· The existing dwelling is no longer reasonably required for the carrying out of agricultural activities in the long term

· There are beneficial agricultural outcomes for the land by excising the dwelling · The excision of the dwelling is compatible with and will not reduce the potential for

farming or other legitimate rural land uses on the land, adjoining land and the general area

Any proposal for the excision of an existing dwelling must be undertaken by the resubdivision of existing land titles where that potential exists. Former road reserves, lots under 49 hectares created by consolidation or other subdivision process not requiring a planning permit, and historic lots on former inappropriate Crown settlements and townships, may not be used for this purpose ……………………………….

Where the application seeks to excise a dwelling by increasing the number of lots:

There must be no opportunity available for re-subdivision of the balance lot(s)

The subject dwelling proposed for excision must have existed on the land on or before 16 December 1999

The balance (remaining) lot must be greater than 40 hectares in area

Where a dwelling has been excised from the land since 29 May 2009, further subdivision (by any method) to accommodate another existing dwelling from that land will be strongly discouraged



An application proposing an area of greater than 2 hectares for the dwelling lot will be strongly discouraged

Excisions that result in ‘axe-handle’ or island style lots will be strongly discouraged

A house lot excision that is likely to lead to a concentration of lots that would change the general use and character of the rural area will be strongly discouraged

An adequate distance must be maintained around dwellings to limit impacts on agricultural activities

4.3 ZONING AND OVERLAYS The subject land is included in the Farming Zone and Environmental Significance Overlay Schedule 5 (Land Susceptible to Erosion) and is partly within Environmental Significance Overlay Schedule 1 (Areas of Natural Significance) under the South Gippsland Planning Scheme. A Planning Property Report is contained in Attachment E. The purpose of the Farming Zone is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for the use of land for agriculture. To encourage the retention of productive agricultural land. To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. To encourage the retention of employment and population to support rural communities. To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

In accordance with Clause 35.07-3 Subdivision of the Farming Zone, a permit is required to subdivide land. The purpose of the Environmental Significance Overlay to:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To identify areas where the development of land may be affected by environmental constraints.

To ensure that development is compatible with identified environmental values. Schedule 1 to the Overlay seeks to identify major features of natural significance and includes national parks and other reserves and is applied throughout the rural portion of the Grand Ridge Road. The schedule identifies the following environmental objectives to be achieved:

To preserve and enhance existing indigenous flora and fauna.

To conserve areas of wildlife habitats and allow for the generation and regeneration of habitats.

To conserve areas of high environmental and landscape quality, ensuring development minimises adverse environmental impact.

To ensure that development reinforces existing flora through the revegetation of valleys and drainage lines.

To protect the views of identified significant vistas.



Schedule 5 to the Overlay seeks to identify areas prone to erosion and is applied to most non-urban areas outside South Gippsland Shire regardless of terrain. The Schedule identifies the following environmental objectives to be achieved:

To protect areas prone to erosion by minimising land disturbance and vegetation loss.

To prevent increased surface runoff or concentration of surface water runoff leading to erosion or siltation of watercourses.

Under the provisions of this Overlay, a planning permit is required to subdivide land.

5. PLANNING CONSIDERATIONS 5.1 THE PURPOSES OF THE FARMING ZONE The key purpose of the Farming Zone is to provide for and protect land for agricultural production and support applications which are related to, or necessary, in support of that agricultural production. However these purposes are not always achievable or relevant in the circumstances. Of significant note in the current circumstances are the following points;

To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. To encourage the retention of employment and population to support rural communities. To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

As discussed in the introduction the size of the land, its’ locational context and being predominately surrounded by rural living/rural lifestyle properties would all indicate that there is little if any realistic hope of the land being utilised for sustainable and productive agriculture in the circumstances. As such the proposed subdivision will not affect the agricultural usability of the land or potentially detract from or impact upon legitimate large scale farming enterprises in the broader area. The proximity of the land to the Mirboo North township provides an ideal opportunity to increase the housing options within the township generally. 5.2 HOW THE PROPOSED SUBDIVISION RESPONDS TO THE DECISION GUIDELINES OF THE FARMING

ZONE 5.2.1 General Issues

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. (See 5.3 for analysis of Clause 22.09)

Both the State and Local Planning Policy Frameworks contain objectives and strategies to ensure the protection of agricultural land from permanent changes of land use that will result in the removal of the land from productive purposes.



Having regard to the State Planning Policy Framework and particularly the issues to be considered when assessing an application to develop or subdivide rural land the following comments are offered: o The desirability and impacts of removing the land from primary production, given its

agricultural quality and productivity. The proposed subdivision would not remove land from effective agricultural production. The size of the land, its location and fragmentation of the surrounding land resource would all effectively allude to the land already being removed from agricultural production. o The impacts of the proposed subdivision or development on the continuation of primary

production on adjacent land, with particular regard to land values and to the viability of infrastructure for such production.

The proposed subdivision will not impact on the capacity of adjacent land to be used for primary production where such opportunity currently exists. The subdivision would not impact on the land values of adjoining areas where agricultural production is still the key price factor. The only large farming parcel is to the north of the subject land and a significant portion of this has been identified for future residential development. The proposed subdivision will simply create a separate title for each existing land parcel without significant change to the use of the land. The subdivision will not affect or be affected by rural infrastructure on adjoining land. It simply recognises the existing land use pattern and does not create any additional development potential (real or implied).

o The compatibility between the proposed or likely development and the existing uses of the

surrounding land.

The proposed subdivision would be compatible with adjoining properties being either rural or rural living. As stated previously the subdivision simply seeks to create a separate lot for each existing dwelling. It does not provide any additional development potential in the circumstances. There is now far better education of prospective rural living purchasers of the likely amenity impacts, a point which is recognised in Council’s MSS.

o Assessment of the land capability. As discussed previously the subdivision is based primarily on the land capability of each lot. At 6.48ha the subject land has no capacity to be effectively utilised for agricultural production beyond very intensive activities. However intensive use would be limited by the context of the land.



Having regard to the more general elements of the local policy framework the one part that has specific requirements is Clause 21.04-2 Element 1 – General agriculture which states:

“Actions

Limiting the impact of house lot excisions by generally encouraging:

Minimum lot size of 0.4ha and a maximum lot size of 2ha for a house lot

The residual lot to be generally 40 hectares.” Neither lot is technically in the preferred range however the relevance of this policy to the proposal would be questionable in the circumstances. It is also noted that Clause 22.06 has more specific recommendations in relation to the proposal. Whilst the local planning policy framework does seek to restrict house lot excisions not related to, or of potential benefit to the long term agricultural production on the land, in this case it is considered appropriate to approve the subdivision as the land has no practical benefit as agricultural land and would in no way detrimentally impact on local farming activities. Additional analysis of the proposal under Clause 22.06 is included in part 5.3 of this report Any Catchment and Land Protection Strategy and policies applying to the land

No alteration to the site, by way of substantial earthworks or vegetation removal is proposed as a result of the subdivision. The proposed subdivision would not have an impact on local water catchments. The subdivision will not detrimentally affect the quantity, quality or velocity of water entering the local catchment system. The capability of the land to accommodate the proposed use or development, including the disposal of effluent. Each lot will be suited to the intended purpose. Lot 1 whilst smaller will contain the more substantial dwelling and encompasses the septic tank and affluent disposal area associated with that dwelling. Lot 1 would be clearly suited to rural living purposes. Lot 2 which contains the existing smaller dwelling will also be well suited to rural living. The proposed boundary encloses the developed area of land, established gardens and existing septic tank and effluent disposal area. The plumbers report does note however that the septic tank and effluent system will require upgrading. These works would be completed as part of the subdivision works. Lot 2 will have more than adequate area and suitable soil characteristics for the onsite treatment and disposal of waste water effluent associated with the existing dwelling. It also provides a number of small paddocks that would be suited for a couple of horses or similar.



How the use or development relates to sustainable land management

The proposed subdivision will assist in the sustainable management of the land relevant to the specific attributes of each land management unit. The two dwellings are not reasonably required to assist in managing an agricultural enterprise on the subject site and due to the size of the land there is no practical opportunity to undertake such an enterprise. The proposed subdivision will allow each existing dwelling to be retained within its’ current rural environment without detriment to the broader rural land resource. The proposal does not affect the management of any natural resources.

Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land. The subject land is considered to be suitable for the subdivision. The subdivision would not have any detrimental effects on adjoining or nearby land uses, particularly those that involve broad scale agricultural activities. The proposed subdivision does not change the overall use of the land or create further development potential. There is no evidence to suggest that the subdivision would have any negative impacts on the local area. There is no change to the existing development pattern and significantly no additional development potential is created through the subdivision.

5.2.2 Agriculture issues

Whether the use or development will support and enhance agricultural production

The subdivision will not have a negative impact on agricultural production. As discussed previously the subject land is well below the size necessary for sustainable agricultural purposes. Furthermore it is situated in a precinct of rural living/rural lifestyle lots and in time residential development will encroach close to the land. Whether the use or development will permanently remove land from agricultural production.

By virtue of the lot size and by way of the existing subdivision pattern the subject land is not considered to be in sustainable agricultural production beyond that necessary for land management purposes. The two dwellings already exist on the land and the current level of agriculture is unlikely to be affected by the subdivision.



The potential for the use or development to limit the operation and expansion of adjoining and nearby agricultural uses.

The proposed subdivision will in no way detrimentally affect the existing operation or expansion of adjoining agricultural enterprises. The area of the subject land and the fragmentation of the surrounding land resource more or less confirm that the area is rural living/rural /lifestyle in character. As such the subject land would not be an attractive or practical addition to a nearby farming enterprise. Overall the subdivision will not detrimentally affect the operation of any nearby agricultural enterprises. Once again it is important to note that no further development potential is created as a result of the subdivision. The capacity of the site to sustain the agricultural use. As discussed previously the subject land has little capacity to sustain a viable or meaningful agricultural use. This is reinforced by the rural living/rural lifestyle context of the adjoining land. The agricultural qualities of the land, such as soil quality, access to water and access to rural infrastructure The proposed subdivision is unaffected by the site qualities identified above. All existing rural infrastructure is to be retained within the larger lot and within the vicinity of the existing dwelling. No significant changes to existing rural infrastructure are necessitated by the subdivision. Any integrated land management plan prepared for the site

No such plan exists for the subject land at this time.

5.2.3 Dwelling issues

Whether the dwelling will result in the loss or fragmentation of productive agricultural land. No dwelling is proposed as part of the proposal. Whether the dwelling is reasonably required for the operation of the agricultural activity conducted on the land. It is fair to say the neither dwelling is “required” for the operation of the agricultural activity conducted on the land.



Whether the dwelling will be adversely affected by agricultural activities on adjacent and nearby land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of operation. There is little likelihood of significant disturbance from agricultural machinery in the broader area as such use would be intermittent and generally during daylight hours only. There is now better education of prospective rural purchasers as to the likely amenity impacts from adjoining farm operations. Beyond those reasonably expected in the Farming zone and urban fringe there would be no significant amenity impacts from adjoining agricultural uses on the existing dwellings. Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby agricultural uses. The proposed subdivision would not now or in the future detrimentally affect the operation or expansion of adjoining or nearby agricultural uses. The potential for the proposal to lead to a concentration or proliferation of dwellings in the area and the impact of this on the use of the land for agriculture. The proposed subdivision would not lead to a concentration or proliferation of dwellings in the area to the particular detriment of broadscale agriculture. The immediate area around (and including) the subject land is for all intents and purposes already rural living/rural lifestyle in character. The identification of land to north for residential development would reinforce this character.

5.2.3 Environmental issues

The impact of the proposal on the natural physical features and resources of the area, in particular soil and water quality The subdivision will not have an impact on the natural physical features of the land nor will it impact on the quality of, or access to existing natural resources. The uses currently conducted on the land or resulting from the subdivision will not cause an impact on adjoining land beyond those reasonably expected in farming areas. In particular there are no adverse affects on soil and water quality anticipated as a result of the subdivision. As identified previously no additional development potential (real or implied) is created as a result of the proposal. The impact of the use or development on the flora and fauna on the site and its surrounds

The subdivision will not require the removal of any vegetation nor will it have a detrimental impact on the flora and fauna values of the area.



The need to protect and enhance of the biodiversity of the area, including retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridge lines, property boundaries, discharge and recharge areas There is no significant vegetation upon the land which requires such protection. The simple nature of the subdivision and the fact that the land will continue to be used for rural living purposes does not provide sufficient justification for any comprehensive replanting on the subject land.

The location of onsite effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation Both lots have been set out so as to ensure that the existing septic tank and effluent disposal area for each dwelling is contained within the respective lot. As identified in the plumbers report the septic tank and effluent system associated with the dwelling on lot 2 will need to be upgraded. This would be done as part of the subdivision works.

5.2.4 Design and siting issues

The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural uses and to minimise the loss of productive agricultural land. No buildings are proposed as a result of this subdivision. The subject land, and that immediately surrounding it are not considered to be productive agricultural land in the circumstances. The impact of the siting, design, height, bulk, colours and materials to be used, on the natural environment, major roads, vistas and water features and the measures to be undertaken to minimise any adverse impacts. As identified above no buildings are proposed as part of this subdivision and no additional opportunity to construct a dwelling is to be created. The impact on the character and appearance of the area or features of architectural, historic or scientific significance or of natural scenic beauty or importance. As no additional development potential is created the proposed subdivision will not have any detrimental impact on these particular attributes. The siting criteria contained in the farming zone and accompanying overlay will be sufficient to guide and direct any future development on either lot. The location and design of existing and proposed infrastructure including roads, gas, water, drainage, telecommunications and sewerage facilities. No additional roads will be required. The subdivision will not generate sufficient additional traffic that would warrant upgrading of the existing road networks or the implementation of specific traffic management programs.



Each dwelling has an established entry to Boolarra South Mirboo North Road. Whether the use and development will require traffic management measures. The subdivision will not require any traffic management measures. Each existing entry has adequate sight stopping distance along Boolarra South Mirboo North Road.

5.2.5 Decision guidelines of Clause 65.02 of the South Gippsland Planning Scheme

The suitability of the land for subdivision There are no physical, economic or infrastructure deficiencies that make the land unsuitable for subdivision. Based on the present occupation of the land the proposed subdivision boundaries (as best as possible) provide practical and logical boundaries. The existing use and possible future development of the land and nearby land It is expected that the subject land and surrounding area will continue to be used primarily for rural living/rural lifestyle purposes in the foreseeable future. The availability of subdivided land in the locality, and the need for the creation of further lots The subdivision will provide for one additional rural living lot in an area where there is an obvious rural living presence. The proximity of the subdivision to the Mirboo North township would ensure access to appropriate social and community infrastructure and other basic services. As stated previously there is a significant rural living presence in the immediate area and there is no evidence of oversupply of such lots, or that such lots as they exist are having a detrimental impact on agricultural activities in the broader area. There is strong anecdotal evidence to indicate that there is demand for small acreage lots on the fringe of established well serviced regional towns. The effect of development on the use or development of other land which has a common means of drainage No drainage infrastructure is needed to facilitate the subdivision. Existing drainage infrastructure is unaffected by the subdivision.



The subdivision pattern having regard to the physical characteristics of the land including existing vegetation The proposed lot boundaries have been designed with regard to the effective occupation of each dwelling and existing access ways and provides for a small paddock(s) suited to one or two horses or similar. No removal of native vegetation will be required to facilitate the subdivision. The density of the proposed development

The subdivision will not change the existing, or potential, dwelling density. The area and dimensions of each lot in the subdivision The subdivision boundary has been configured around the existing occupation of each dwelling on the subject land. The subdivision does not create any “dead” areas within the respective lots that are difficult to manage or otherwise difficult to access for property maintenance. The layout of roads having regard to their function and relationship to existing roads

As no new roads will be created, this issue is not considered relevant. The movement of pedestrians and vehicles throughout the subdivision and the ease of access to all lots Pedestrian movements are not considered relevant in the particular circumstances. Each lot will be accessed from the existing entry point to the established road network. The provision and location of reserves for public open space and other community facilities This issue is not considered relevant to this proposal. Reserves for public open space are not required in rural subdivisions. The staging of the subdivision The subdivision is not proposed to be staged. The design and siting of buildings having regard to safety and the risk of spread of fire The existing dwellings are situated in predominately cleared pasture area. Whilst there are trees around the site good property maintenance would ensure that fire risk can be reduced to practical levels.



The provision of off-street parking This issue is not considered relevant in the case of subdivisions in a Farming Zone. All the proposed lots are more than adequate in size to accommodate off-street parking. The provision and location of common property As no common property is proposed, this issue is not considered relevant. The functions of any body corporate As no owners corporation is proposed, this issue is not considered relevant. The availability and provision of utility services, including water, sewerage, drainage, electricity and gas. Each existing dwelling is connected to the local telecommunications and electricity networks. Potable water is available from roof catchment and storage tanks. Sewer and gas are not available to the site. If the land is not sewered and no provision has been made for the land to be sewered, the capacity of the land to treat and retain all sewage and sullage within the boundaries of each lot The area and dimensions of each lot have been configured to ensure the septic system and effluent field from each dwelling are capable of being contained within its’ respective boundaries. As indicated previously the existing septic tank for lot 2 will be upgraded as part of the subdivision works. Whether, in relation to subdivision plans, native vegetation can be protected through subdivision and siting of open space areas.

There is no practical opportunity or necessity to protect significant remnant vegetation as part of the subdivision.

5.3 HOW THE PROPOSAL RESPONDS TO CLAUSE 22.06

Clause 22.06 now provides a set of policy criteria by which applications to subdivide rural land are to be assessed. Unfortunately the policy does not specifically deal with the circumstances or context of the subject land. Hence it is unlikely to be of particular relevance. Notwithstanding the following comments are made in relation to house lot “excisions” creating a separate lot:



Any proposal for the subdivision of land to accommodate an existing dwelling must demonstrate that:

the existing dwelling is no longer reasonably required for the carrying out of agricultural activities in the long term At 6.48ha there is little justification for one dwelling let alone two dwellings on the land to be utilized in conjunction with agricultural production. there are beneficial agricultural outcomes for the land by excising the dwelling; Whilst it is difficult to see a genuine benefit to agriculture from the subdivision it is again stated in the first instance that the subject land is not reasonably capable of obtaining/producing reasonable agricultural outcomes. As such there would be no disbenefit to agriculture from the proposed subdivision. The excision of the dwelling is compatible with and will not reduce the potential for farming or other legitimate rural land uses on the land, adjoining land and the general area. Overall the proposed subdivision will not reduce the potential for farming on either the subject land or the broader area as a whole. Any proposal for the excision of an existing dwelling must be undertaken by the resubdivision of existing land titles where that potential exists. There is no opportunity to utilise this process. A permit that approves the excision of an existing dwelling by re-subdivision where the balance (remaining) lot is less than 40 hectares will contain a condition requiring that the land owner enter into an agreement under section 173 of the Act that prevents the development of any additional dwelling on the balance lot

Not applicable. Where the application seeks to excise a dwelling by increasing the number of lots:

there must be no opportunity available for re-subdivision of the balance lot(s); and We understand the need for such a condition/requirement where there is a single dwelling on the lot and that is to be excised. In the circumstances such as exist with there being two dwellings on the land we would caution against the implementation of such a condition. We believe that Council has a suitably robust rural subdivision policy such that any future subdivision would not be a “given” and must demonstrate a benefit to long term agriculture.



the subject dwelling proposed for excision must have existed on the land on or before 16 December 1999; and Both dwellings have existed on the land well before the date above.

the balance (remaining) lot must be greater than 40 hectares in area; and This is not achievable in the circumstances.

a permit that approves a house lot excision under such circumstances will contain a condition requiring that the land owner enter into an Agreement under s.173 of the Act that prevents the development of any additional dwelling on the balance lot.

This provision is clearly in place to prevent the obvious circumstance whereby a new dwelling could be built as of right where the lot was over 40ha. We understand the need for such a requirement where Council has no subsequent opportunity to exercise its’ discretion. However as the subject land contains two existing dwelling this particular provision is not considered warranted in the circumstances. The construction of any subsequent dwelling would not be as right but would be subject to the full assessment under the Farming Zone provisions. Such a condition could unreasonably prevent the subsequent owner from building either self contained tourist accommodation (group accommodation) or even minimal workers accommodation if required in the future. Accordingly an agreement is not considered necessary where Council has the opportunity to consider any subsequent proposal on its merits.

Where a dwelling has been excised from the land since 29 May 2009, further subdivision (by any method) to accommodate another existing dwelling from that land will generally be discouraged. There has been no excision from the subject land after the date specified. An application proposing an area of greater than 2 hectares for the dwelling lot will be strongly discouraged. As indicated previously the small lot would be in accordance with the above criteria. Excisions that result in ‘axe-handle’ or island style lots will be strongly discouraged. The shape of the small lot is slightly irregular and is determined by a combination of the existing fences, access and other infrastructure. The subdivision does create any “dead” areas which will be difficult to manage or access for property maintenance.



A house lot excision that is likely to lead to a concentration of lots that would change the general use and character of the rural area will be strongly discouraged. It is considered that the subject land and the area immediately surrounding it have already transitioned to rural living/rural lifestyle to the exclusion of productive agriculture. An adequate distance must be maintained around dwellings to limit impacts on agricultural activities. The proposed subdivision will provide adequate buffers around the existing dwellings. There is no major rural infrastructure in close proximity to the existing dwelling and farming activities around the dwelling would not change.

5.4 HOW THE PROPOSED SUBDIVISION RESPONDS TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY SCHEDULE 1

The nature of the subdivision is such that it would not be inconsistent with the provisions of the overlay. No vegetation either native or exotic is to be removed so as to facilitate the subdivision. The nature of the subdivision is such that each of the lots could reasonably be developed having regard to intent of the overlay. Given that each lot is already developed with a dwelling the subdivision does not “concentrate” development potential into particular locations which might be contrary to the intent of the overlay.

5.5 HOW THE PROPOSED SUBDIVISION RESPONDS TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY

SCHEDULE 5

The provisions of the ESO 5 apply predominately to the development of the land and as such are not considered particularly relevant in the circumstances as no development is proposed as part of the subdivision. The subject land is gently undulating and the necessity of the overlay in this area is somewhat questionable in the circumstances. Notwithstanding it would be possible to develop affected portions of lot 1 and 2 having regard to the overall intent of the overlay.

6. CONCLUSION Clause 35.07-3 – Subdivision contained in the Farming Zone permits the creation of lots smaller than 80ha if the subdivision is to create a lot for an existing dwelling. As indicated throughout the report the subject land and its’ immediate surrounds are considered to be rural living/rural lifestyle in character and not genuinely productive agricultural land.



As such the subdivision would have negligible impacts on agricultural production or the genuine use of nearby land for productive agriculture. The planning policies applying to this application, seem to automatically assume that there is only a single dwelling on the land to be “excised”. As such there is no specific guidance addressing the situation of there being two dwellings on the land. We therefore recommend that caution be applied in the possible application of “restrictions” as recommended by portions of the policy, particularly when Council is able to exercise discretion in relation to any future proposal for subdivision or dwelling construction (which may reasonably include tourist accommodation or the like). Furthermore, the proposal will not impact on agricultural uses on the land and adjoining properties and is considered to comply with the intent of Council’s current policies for rural subdivision. It is considered that the proposal has planning merit and we therefore request that South Gippsland Shire Council issue a planning permit to subdivide the land in accordance with the plan submitted. BEVERIDGE WILLIAMS & CO PTY LTD . . . . . . . . . . . . . . . . . . . . . . . . GARY CHISHOLM Senior Town Planner January 2015

ATTACHMENT B

PLUMBERS REPORT

ATTACHMENT C

LOCALITY PLAN

Department of Economic Development, Jobs, Transport and Resources

Legend Map Scale: 1:10,000

Projection: MGA 55

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Generated from GeoVic 3 Map Created Thu Feb 11 2016 11:15:20 GMT+1100 (EST)

ATTACHMENT D

PROPOSED PLAN OF SUBDIVISION

ATTACHMENT E

PLANNING PROPERTY REPORT

Planning Property Reportfrom www.dtpli.vic.gov.au/planning on 11 February 2016 09:48 AM

Address: 157 BOOLARRA SOUTH-MIRBOO NORTH ROAD MIRBOO NORTH 3871Lot and Plan Number: Lot 1 TP651294 Local Government (Council): SOUTH GIPPSLAND Council Property Number: 187574Directory Reference: VicRoads 97 D8

Planning Zone

FARMING ZONE (FZ)

SCHEDULE TO THE FARMING ZONE

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http://planningschemes.dpcd.vic.gov.au/schemes/vpps/35_07.pdf

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Planning Overlays

ENVIRONMENTAL SIGNIFICANCE OVERLAY (ESO)

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1 (ESO1)

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 5 (ESO5)

OTHER OVERLAYS

Other overlays in the vicinity not directly affecting this land

EROSION MANAGEMENT OVERLAY (EMO)




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Planning Overlays Legend

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Further Planning InformationPlanning scheme data last updated on 4 February 2016.

A planning scheme sets out policies and requirements for the use, development and protection of land. This report provides information about the zone and overlay provisions that apply to the selected land.Information about the State, local, particular and general provisions of the local planning scheme that may affect the use of this land can be obtained by contacting the local council or by visiting Planning Schemes Online

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Documents

S and J Barbagallo - South Gippsland Shire · 2016-05-19 · Ref: 1600042 Proposed Subdivision – 155 and 157 Boolarra South Mirboo North road, Mirboo North BEVERIDGE WILLIAMS &