11/10/2018 schedule to clause 51.01 specific sites and

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WHITTLESEA PLANNING SCHEME PARTICULAR PROVISIONS - CLAUSE 51.01- SCHEDULE PAGE 1 OF 2 SCHEDULE TO CLAUSE 51.01 SPECIFIC SITES AND EXCLUSIONS 1.0 Specific sites and exclusions Address of land Title of incorporated document 834-828 High Street, Epping (South east corner High Street and Memorial Avenue, Epping) Consent Notice No.1 Convenience Centre Development at Nos. 834-828 High Street, Epping Land within and adjacent to the Amaroo and Lockerbie Main Sewer Project alignment the extent of which is shown on the project locality maps in the incorporated document. Amaroo and Lockerbie Main Sewer Project, October 2014 Lot 3 on PS 502060J, 500-510 High Street, Epping Consent Notice No.2 Bicycle Shop Development at No’s. 500-510 High Street, Epping Part of 620 and 640 Bridge Inn Road (Lot 2 PS 515344V), Mernda 1358 (Lot B PS 512678F) Plenty Road, Mernda 660 (Part Crown Section 20), 672 (Lot 1 TP 814158M) and 790E (Lot 3 PS 534897T) Bridge Inn Road, Doreen. 85 (Lot 2 PS 510189H), 115 (Lot 2 PS 510175U), 125 (Part Crown Section 14) and Wiltonvale Road, road reserve, Wiltonvale Road, South Morang. Crown allotment 2007, Parish of Morang, Mernda. 15-25 (Crown Allotment E) and Gordons Road road reserve, Gordons Road, South Morang 10 (Lot A PS 341895X) and 48 (Lot A PS 418681S) Bushmans Way, South Morang Site specific control Plenty Gorge Parklands, November 2008 490 (Lot 1 TP 430490S) Cooper Street, Epping Site specific control Pump and associated works for the establishment and maintenance of Growling Grass Frog habitat, August 2009 825 Plenty Road, South Morang. Woolworths Oxygen, South Morang, February 2011. 130 Springs Road, Donnybrook Macedonian Orthodox Church, 130 Springs Road, Donnybrook, June 2013 1435 Plenty Road, Mernda Site Specific Control 1435 Plenty Road, Mernda, August 2014 Land required for the Mernda Rail Extension Project as identified in the incorporated document Mernda Rail Extension Project Incorporated Document, October 2016 (amended November 2016) The existing rail corridor for the Hurstbridge rail line, and additional land shown on the project area maps for the Hurstbridge Rail Line Upgrade 2017 Incorporated Document, January 2017. Hurstbridge Rail Line Upgrade 2017 Incorporated Document, January 2017 11/10/2018 GC96Propose d C203 11/10/2018 GC96Prop osed C203

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Page 1: 11/10/2018 SCHEDULE TO CLAUSE 51.01 SPECIFIC SITES AND

WHITTLESEA PLANNING SCHEME

PARTICULAR PROVISIONS - CLAUSE 51.01- SCHEDULE PAGE 1 OF 2

SCHEDULE TO CLAUSE 51.01 SPECIFIC SITES AND EXCLUSIONS

1.0 Specific sites and exclusions

Address of land Title of incorporated document

834-828 High Street, Epping (South east corner High Street and Memorial Avenue, Epping)

Consent Notice No.1 – Convenience Centre Development at Nos. 834-828 High Street, Epping

Land within and adjacent to the Amaroo and Lockerbie Main Sewer Project alignment the extent of which is shown on the project locality maps in the incorporated document.

Amaroo and Lockerbie Main Sewer Project, October 2014

Lot 3 on PS 502060J, 500-510 High Street, Epping

Consent Notice No.2 – Bicycle Shop Development at No’s. 500-510 High Street, Epping

Part of 620 and 640 Bridge Inn Road (Lot 2 PS 515344V), Mernda

1358 (Lot B PS 512678F) Plenty Road, Mernda

660 (Part Crown Section 20), 672 (Lot 1 TP 814158M) and 790E (Lot 3 PS 534897T) Bridge Inn Road, Doreen.

85 (Lot 2 PS 510189H), 115 (Lot 2 PS 510175U), 125 (Part Crown Section 14) and Wiltonvale Road, road reserve, Wiltonvale Road, South Morang.

Crown allotment 2007, Parish of Morang, Mernda.

15-25 (Crown Allotment E) and Gordons Road road reserve, Gordons Road, South Morang

10 (Lot A PS 341895X) and 48 (Lot A PS 418681S) Bushmans Way, South Morang

Site specific control – Plenty Gorge Parklands, November 2008

490 (Lot 1 TP 430490S) Cooper Street, Epping

Site specific control – Pump and associated works for the establishment and maintenance of Growling Grass Frog habitat, August 2009

825 Plenty Road, South Morang.

Woolworths Oxygen, South Morang, February 2011.

130 Springs Road, Donnybrook Macedonian Orthodox Church, 130 Springs Road, Donnybrook, June 2013

1435 Plenty Road, Mernda Site Specific Control – 1435 Plenty Road, Mernda, August 2014

Land required for the Mernda Rail Extension Project as identified in the incorporated document

Mernda Rail Extension Project Incorporated Document, October 2016 (amended November 2016)

The existing rail corridor for the Hurstbridge rail line, and additional land shown on the project area maps for the Hurstbridge Rail Line Upgrade 2017 Incorporated Document, January 2017.

Hurstbridge Rail Line Upgrade 2017 Incorporated Document, January 2017

11/10/2018 GC96Proposed C203

11/10/2018 GC96Proposed C203

Page 2: 11/10/2018 SCHEDULE TO CLAUSE 51.01 SPECIFIC SITES AND

WHITTLESEA PLANNING SCHEME

PARTICULAR PROVISIONS - CLAUSE 51.01- SCHEDULE PAGE 2 OF 2

Address of land Title of incorporated document

Additional land required for the Mernda Rail Extension Project as identified in the incorporated document

Mernda Rail Extension Project – Additional Project Areas, Incorporated Document, September 2017

Land required for the Plenty Road Upgrade (Bush Boulevard to Bridge Inn Road) as identified in the incorporated document.

Plenty Road Upgrade (Bush Boulevard to Bridge Inn Road) Incorporated Document, February 2018

The existing rail corridor for the South Morang rail line, and additional land shown on the project area maps for the High Street, Reservoir Level Crossing Removal Project Incorporated Document, March 2018.

High Street, Reservoir Level Crossing Removal Project Incorporated Document, March 2018

The land identified in Clause 3.0 of the Melbourne Metro Rail Project: Upgrades to the Rail Network Incorporated Document, May 2018.

Melbourne Metro Rail Project: Upgrades to the Rail Network Incorporated Document, May 2018.

280 Bridge Inn Road, Mernda Site Specific Control – 280 Bridge Inn Road, Mernda, September 2018

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WHITTLESEA PLANNING SCHEME

OPERATIONAL PROVISIONS – CLAUSE 72.04 - SCHEDULE PAGE 1 OF 2

SCHEDULE TO CLAUSE 72.04 DOCUMENTS INCORPORATED IN THIS PLANNING SCHEME

1.0 Incorporated documents

Name of document Introduced by:

Amaroo and Lockerbie Main Sewer Project, October 2014. GC21

Aurora Comprehensive Development Plan, October 2007 C41(PART 1)

Australian Standard AS2021-2015, Acoustics – Aircraft Noise Intrusion – Building Siting and Construction, Standards Australia Limited, 2015

VC107

Consent Notice No. 2 – Bicycle Shop Development at No. 500-510 High Street, Epping

C40

Cooper Street Employment Area Comprehensive Development Plan, March 2018

C212

Cooper Street Employment Area Design Guidelines, March 2018 C212

Cooper Street Employment Area Development Contributions Plan C100

Costa Exchange Mushroom Farm Master Plan 2012 C133

Donnybrook-Woodstock Infrastructure Contributions Plan, July 2018 (Amended September 2018)

GC108

Donnybrook-Woodstock Precinct Structure Plan, October 2017 GC28

Eden Park Estate Restructured Allotment Plan NPS1

English Street Precinct Structure Plan, November 2015 C183

English Street Development Contributions Plan, November 2015 (Amended June 2017)

GC75

Epping Central Development Contributions Plan (Amended June 2017) GC75

Epping North East Local Structure Plan Development Contributions Plan, May 2008

C81(PART 1)

Epping North East Local Structure Plan, May 2008 C81(PART 1)

Epping North Local Structure Plan, September 2002 C12

Epping North Strategic Plan, September 2002 C12

Grants Road Restructure Allotment Plan NPS1

Harvest Home Local Structure Plan, February 2002 C12

Humevale Road Restructured Allotment Plan NPS1

Hurstbridge Rail Line Upgrade 2017 Incorporated Document, January 2017

GC60

Kaufland Supermarket and complementary uses, 592-694 High Street, Epping, Incorporated Document, March 2019

GC123

Laurimar Town Centre Comprehensive Development Plan C80

Lockerbie Development Contributions Plan, May 2012 (Amended June 2017)

GC75

Lockerbie Native Vegetation Precinct Plan, May 2012 C161

Lockerbie North Development Contributions Plan, March 2012 (Amended August 2017)

GC75

Lockerbie North Native Vegetation Precinct Plan, March 2012 C162

14/03/2019 Proposed C203GC123

14/03/2019 Proposed C203GC123

Page 4: 11/10/2018 SCHEDULE TO CLAUSE 51.01 SPECIFIC SITES AND

WHITTLESEA PLANNING SCHEME

OPERATIONAL PROVISIONS – CLAUSE 72.04 - SCHEDULE PAGE 2 OF 2

Name of document Introduced by:

Lockerbie North Precinct Structure Plan, March 2012 C162

Lockerbie Precinct Structure Plan, May 2012 C161

Lyndarum Neighbourhood Activity Centre Comprehensive Development Plan

C108

Macedonian Orthodox Church, 130 Springs Road, Donnybrook, June 2013

C172

Melbourne Metro Rail Project: Upgrades to the Rail Network Incorporated Document, May 2018

GC96

Melbourne Wholesale Market Precinct Incorporated Plan, July 2008 C20

Mernda Local Structure Plan Part 1 (Mernda Incorporated Plan) NPS1

Mernda Rail Extension Project Incorporated Document, October 2016 (amended November 2016)

C205

Mernda Rail Extension Project – Additional Project Areas, Incorporated Document, September 2017

C211

Mernda Strategy Plan (Amended December 2016) C123

Mernda Strategy Plan Development Contributions Plan (Amended 2008) C39

Mernda Town Centre Comprehensive Development Plan C45

Mernda Villages Neighbourhood Centre Comprehensive Development Plan

C95

Peter Lalor Housing Cooperative Precinct Permit Exemptions, May 2014 C189

Plenty Road Upgrade (Bush Boulevard to Bridge Inn Road) Incorporated Document, February 2018

C220

Plenty Valley Strategic Plan NPS1

Quarry Hills Precinct Structure Plan, June 2016 C188

Quarry Hills Development Contributions Plan, June 2016 (Amended June 2017)

GC75

Site Specific Control – 1435 Plenty Road, Mernda, August 2014 C193

Site Specific Control- 280 Bridge Inn Road, Mernda, September 2018 C203

Site Specific Control – Plenty Gorge Parklands, January 2009 C72

Site specific control – Pump and associated works for the establishment and maintenance of Growling Grass Frog habitat, August 2009

C132

Small Lot Housing Code, August 2014 GC22

South Morang Local Structure Plan NPS1

Statement of Underlying Provisions - Land reserved for the Outer Metropolitan Ring and the E6 Transport Corridor, July 2010 (updated May 2012)

C167

Whittlesea Township Local Structure Plan NPS1

Wollert Precinct Structure Plan, June 2017 C210

Wollert Development Contributions Plan, June 2017 C210

Woolworths Oxygen, South Morang, February 2011 C155

Page 5: 11/10/2018 SCHEDULE TO CLAUSE 51.01 SPECIFIC SITES AND

Planning and Environment Act 1987

WHITTLESEA PLANNING SCHEME

AMENDMENT C203

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the City of Whittlesea which is the planning authority for this amendment.

The Amendment has been made at the request of Paul and Caroline Vella.

Land affected by the Amendment

The Amendment applies to 280 Bridge Inn Road, Mernda.

What the amendment does

The Amendment make a number of planning scheme changes to the subject property in order to:

• facilitate residential development inside the Urban Growth Boundary;

• create a lot to be transferred to the City of Whittlesea for the purposes of a regional parkland;

• facilitate the use and development of a vineyard, winery and associated liquor license.

Specifically, the Amendment:

• Rezones part of 280 Bridge Inn Road, Mernda from a Farming Zone (FZ) to a General Residential Zone (GRZ1);

• Deletes the Environmental Significance Overlay (ESO1 and ESO5) from part of the site;

• Applies a Development Plan Overlay (DPO27) to the land rezoned GRZ1;

• Applies a Vegetation Protection Overlay (VPO1) to the land rezoned GRZ1;

• Introduces a site specific control at Clause 51.01- Specific Sites and Exclusions, and an Incorporated Document at Clause 72.04- Incorporated Documents to allow the subdivision of the land into three lots and the use and development of the lot with an area of approximately 30 hectares for a vineyard, winery and function centre with an associated liquor license.

Strategic assessment of the Amendment

Why is the Amendment required?

The Amendment intends to facilitate residential development on part of the site located in the Farming Zone in order facilitate the assemblage of the Quarry Hills Regional Parkland. Further, the amendment seeks to facilitate the subdivision, development and use of land located within the Green Wedge Zone. The proposal does not seek to alter the Urban Growth Boundary.

In order to achieve this, several changes to the zones and overlays affecting the site are required. The land affected by the Farming Zone, which is located inside the Urban Growth Boundary, is to be rezoned to the General Residential Zone 1, with the application of a Development Plan Overlay, Vegetation Protection Overlay, and the removal of the Environmental Significance Overlay.

The Environmental Significance Overlay is to be removed as the Vegetation Protection Overlay is considered to more appropriately address the matters identified in the Environmental Significance Overlay including the protection of significant native vegetation (River Red Gum Grassy Woodland) within an urban context.

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The amendment land is within the Quarry Hills Regional Park interest area and will contribute to establishment of the parkland in line with previous proposals. This amendment will facilitate the appropriate development of land located inside the Urban Growth Boundary, while also triggering the transfer of 64 hectares of land into public ownership for the purposes of the Quarry Hills Regional Parkland.

The Amendment also facilitates the subdivision of the site into three lots, including one lot located inside the Urban Growth Boundary (15 hectares) and two lots located outside of the Urban Growth Boundary (30 and 64 hectares respectively). The proposed lots of 15 hectares, 30 hectares and 64 hectares respectively, do not meet the minimum subdivision requirement of 80 hectares under the Green Wedge Zone. As such a Planning Scheme Amendment is required.

With regards to the 30 hectare lot, the proposal seeks to define the future use and development of the lot for the purposes of a vineyard, winery, and function centre. The balance lot of 64 hectares is to be transferred into public ownership for the purposes of the Quarry Hills Regional Parkland.

In order to achieve the proposed subdivision and define the future use and development of the site, the Amendment introduces a site specific control at Clause 51.01- Specific Sites and Exclusions, and an Incorporated Document at Clause 72.04- Incorporated Documents to allow the subdivision of the land into three lots and the use and development of the lot with an area of approximately 30 hectares for a vineyard, winery and function centre with an associated liquor license.

While the use and development of a vineyard, winery and function centre is allowable under the Green Wedge Zone, it is considered that the inclusion of an Incorporated Document on the site will ensure that there is certainty for the future development on the site. It is noted that the Incorporated Document will also protect the site from inappropriate development or uses that are considered incompatible with the Quarry Hills Regional Parkland interface.

The proposed amendment will have a significant net community benefit as it will facilitate the inclusion of 64 hectares of land into Quarry Hills Regional Parkland at no cost to the community. The Quarry Hills Regional Parkland will be approximately 1100 hectares in size once completely assembled, and will provide residents with a range of passive and active recreation opportunities. The Incorporated Document also provides for the development of a use which has the potential to increase local employment and tourism, and a meeting place for residents and visitors to enjoy.

The Amendment is supported by the Whittlesea Green Wedge Management Plan (2017) which aims to facilitate the continued protection of the Quarry Hills through the creation of the Quarry Hills Regional Parkland. It is noted that the Green Wedge Management Plan also seeks to protect and facilitate the continuation of agricultural uses at the urban periphery. It is considered that the Amendment will provide the benefit of both outcomes sought within the Green Wedge Management Plan.

Having further regard to the Quarry Hills Regional Parkland, the Amendment is supported by the Quarry Hills Bushland Park Masterplan (2009) as the 64 hectares of land to be transferred into public ownership is nominated for inclusion within the Masterplan. It is noted that the Quarry Hills Regional Parkland and its assemblage is also supported through the Northern Growth Corridor Plan (2015), and Plan Melbourne 2017-2050 (2017), which both identify the full extent of the parkland.

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

The amendment implements the objectives of planning in Victoria as outlined in Section 4 of the Planning and Environment Act 1987, on the basis that it will provide for the orderly, economic and sustainable use and development of the land, and secures a pleasant living and recreational environment.

The Amendment will also assist in the conservation of the Quarry Hills which are of a high aesthetic, environmental and cultural significance.

The Amendment brings the zoning in line with the Growth Corridor Plans thorough the reclassification of the Farming Zone land to General Residential Zone for land within the Urban Growth Boundary.

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

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The Amendment has sought to ensure that the planning outcome proposed addresses the environmental, social and economic effects as identified in the Planning and Environment Act (1987).

The layout of the proposed subdivision has sought to reduce environmental impacts by ensuring that the proposed layout and design of the winery, vineyard and function centre has avoided areas of significant habitat and native vegetation of the site.

Further, a key part of the proposal is that it will facilitate the transfer of 64 hectares of land into public ownership for the purposes of the Quarry Hills Regional Parkland. The land affected by this component of the proposal contains a portion of the Darebin Creek which is identified as a Category 2 Habitat for Growling Grass Frogs.

Noting this, the proposal has sought to maintain sufficient buffer distances from the Darebin Creek, and any application for potential future residential development, winery, vineyard or function centre, will be required to meet best practice integrated water management, and will require the retention or offset of native vegetation in line with current legislation should retention not be possible.

The Amendment does not seek to alter the Urban Growth Boundary, or introduce any uses to the land outside of the Urban Growth Boundary that are considered to be at odds with the Green Wedge Zone and its intended purpose. Rather, the proposal will continue to protect land located outside of the Urban Growth Boundary for agricultural purposes and continue to protect land within the green wedge from the threat of urban development.

From a social and economic perspective, the proposal will allow the landowners to remain on the land and continue their current farming activities, while allowing for the introduction of a further use to the site that will increase the viability of their business and also add to the diversity of the local economy.

It is considered that the proposal will also provide the City of Whittlesea with a new opportunity for tourism, and this will likely contribute to an overall increase in visitors to the municipality, and provide other local business with increased patronage.

Land located inside the Urban Growth Boundary will be developed for the purposes of the residential development. The development of this land will provide existing and future residents with a diverse range of housing opportunities that are close to a proposed local convenience centre, and direct access to both local and regional open space.

The application of the Development Plan Overlay Schedule 27 will provide for the development of a residential estate that responds to the context of the site. Particularly, the overlay requires that any future development provides for an active interface with the Quarry Hills Regional Park, and ensure that the design of the subdivision responds to the slope of the site by reducing cut and fill, and minimising the need for retaining walls.

It is considered that the Development Plan Overlay Schedule 27 will facilitate a high quality urban environment inside the Urban Growth Boundary, while also providing for the creation of an active interface at the Quarry Hills Regional Parkland to ensure the safety of users of the parkland.

Does the Amendment address relevant bushfire risk?

No part of the subject land is located within the Wildfire Management Overlay and the proposed Amendment is considered meet the objectives and strategies associated with Clause 13.05-1Bushfire Planning Strategies and Principles of the Whittlesea Planning Scheme.

Noting the above, as the site is located within a nominated Bushfire Prone Area, residential development at the interface of the Quarry Hills Regional Parkland will be required to be meet the built form standards and bushfire risk mitigation measures found within the Victorian Building Act (1993).

The proposal will not increase the likelihood of bushfire in the area, and any future development of land will be required to meet built form and subdivision layout requirements designed to mitigate any potential bushfire threats posed to the future community.

Development Plan Overlay Schedule 27 will be applied to the part of the site located inside Urban Growth Boundary. The Development Plan Overlay outlines a range of urban design and subdivision layout features for the future development of the site and these are considered to maintain the dual effect of creating a well-designed subdivision, and reducing any potential bushfire threats at the interface of the Quarry Hills Regional Parkland.

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Particularly, the design of any future residential subdivision will be required to provide for appropriate interface treatments to the Quarry Hills Regional Parkland, including the provision of boundary roads at the interface to provide for buffers to potential fire threats, larger lot sizes, and ensuring that the proposed development provides for a strong visual link into the parkland for the purposes of passive surveillance. It is noted that any future Development Plan will also be required to integrate with existing surrounding residential developments to provide for clear east-west vehicle and pedestrian movements.

It is considered that the proposed interface treatments identified in the Development Plan Overlay Schedule 27, along with Council’s ongoing bushfire management practices which include prescribed burning and slashing of parkland boundaries, will appropriately address any potential bushfire risk associated with the proposed Amendment.

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

The Amendment is consistent with the Ministerial Direction on the Form and Content of Planning Section 7(5) of the Planning and Environment Act (1987).

The Amendment is consistent with the Ministerial Direction 11- Strategic Assessment Guidelines, with a comprehensive assessment of the proposal having been undertaken against both State and Local Planning Policy Frameworks. Consistency with Ministerial Direction 11 is set out within the explanatory report.

The proposal is consistent with Ministerial Direction 9- Metropolitan Planning Strategy which seeks to ensure that any proposed Planning Scheme Amendment is consistent with Plan Melbourne 2017-2050: Metropolitan Planning Strategy (DELWP, 2017). The Amendment seeks to address and implement the following Directions and Policies contained within Plan Melbourne 2017-2050: Metropolitan Planning Strategy:

Direction 1.4- Support the productive use of land and resources in Melbourne’s non-urban areas.

The Amendment is consistent with Policy 1.4.1 Protect agricultural land and support agricultural production as it will support the development of a new agricultural use on a portion of the site which will be undertaken in addition to the existing agricultural business being run on the property. The additional use of a Winery, Vineyard and Function Centre is compatible with the Green Wedge Zone and it is considered that the proposed will provide opportunities for agrifood tourism, while also acting as a low impact green buffer to future residential development.

The Amendment will also facilitate the permanent protection of Green Wedge land identified as the Quarry Hills Regional Parkland as it will be placed into public ownership in perpetuity through the subdivision of the land as previously described.

Direction 2.1- Manage the supply of new housing in the right locations to meet population growth and create a sustainable city.

The Amendment is consistent with Policy 2.1.1 Maintain a permanent urban growth boundary around Melbourne to create a more consolidated, sustainable city as it does not seek to alter the urban growth boundary. Rather, the proposal seeks to rezone well located land inside the Urban Growth Boundary for the purposes of future residential development, while facilitating the transfer of Green Wedge Zoned land into public ownership for the purposes of the Quarry Hills Regional Parkland, and allowing the landowner to retain a portion a land in order to continuing using the land for agricultural purposes which are allowable under the Green Wedge Zone.

Direction 2.5 Provide greater choice and diversity of housing.

The Amendment is supported by Policy 2.5.2 Provide a range of housing types in growth areas as the application of the Development Overlay requires that the future subdivision of the land located inside the Urban Growth Boundary provides for a range of lot sizes and housing types. Any future Development Plan prepared for the subject site will be required to demonstrate how the subdivision will facilitate the creation of a diverse range of housing, including the creation of larger lots at the periphery of the Urban Growth Boundary to provide for appropriate interfaces with the Quarry Hills Regional Parkland.

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Direction 4.5 Plan for Melbourne’s green wedges and peri-urban areas.

Policy 4.5.2 Protect and enhance valued attributes of distinctive areas and landscapes seeks to ensure that significant landscapes within the green wedge are protected and enhanced in perpetuity. The intention of the Quarry Hills Regional Parkland project is to ensure the protection of the Quarry Hills which are of great importance both from a visual perspective, environmental conservation perspective, and a cultural heritage perspective. Once fully assembled, the parkland will be in excess of 1100 hectares in size, forming a key urban break in the Northern Growth Corridor, and protecting the landscape qualities of the hills in perpetuity.

The proposed Amendment will facilitate the transfer of 64 hectares into public ownership to be protected and is therefore considered to be key in implementing Policy 4.5.3.

Direction 6.4 Make Melbourne cooler and greener

Map 21- Open Space, identifies Quarry Hills Regional Parkland as a proposed Regional Park. The proposed Amendment will facilitate the continued assemblage of the parkland.

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

The Amendment seeks to implement and is supported by the following clauses of the State Planning Policy Framework:

Clause 11- Settlement: the Amendment provides for the residential development of land within the Urban Growth Boundary. The application of the Development Plan Overlay will ensure that the subdivision of the land is well designed, provides for a diverse housing stock and provides for a good interface with the Quarry Hills Regional Parkland.

Clause 12- Environmental and Landscape Values: The Amendment provides for the retention and enhancement of natural features on the site and overarching protection of the Quarry Hills. Land which is to be transferred into public ownership for the purposes of the Quarry Hills Regional Parkland will allow for the protection and enhancement of land in perpetuity, including the protection and enhancement of the Darebin Creek Environs, and a large portion of habitat which is known to support a significant Golden Sun Moth colony.

Clause 15- Built Environment and Heritage: The Amendment facilitates the development of a small portion of the site for residential development. The Development Plan Overlay Schedule 27 will also apply to this portion of land that will require any subdivision application to respond to the features of the property such as slope, existing native vegetation, and interfaces with open space. Any proposed development will be required to demonstrate good urban design, housing diversity, and how the proposed development responds to the subject site and surrounds.

Clause 16- Housing: The Amendment will provide the framework for the development of a range of lot sizes and dwelling types. The site is located within close proximity of a future local convenience centre and bus service, and will be located adjacent to both regional open space and local open space within neighbouring developments.

Clause 18- Transport: The Amendment will allow for the creation of safe and efficient pedestrian and bicycle access throughout the site, and will provide connections into the broader Mernda West precinct through the local road network.

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

The Amendment seeks to support and implement the Local Planning Policy Framework and Municipal Strategic Statement through the facilitation of the protection of land with significant environmental and landscape values as identified in Clause 21.05- Environmental and Landscape Values.

It is considered that the proposal meets all of the relevant Objectives and Strategies found within Clause 21.05 as it will facilitate the preservation a substantial portion of land associated with the Quarry Hills in public ownership for the purposes of the Quarry Hills Regional Parkland.

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The Amendment also supports the implementation of Clause 21.09- Housing as the amendment will provide for the development of further housing stock inside the Urban Growth Boundary. Any proposed development of this land will be required to meet the objectives and strategies found within the Clause 21.09, including those associated with providing for housing diversity, and housing that has a unique identity and sense of place.

The Amendment does not seek to alter the intent of the Local Planning Policy Framework or Municipal Strategic Statement and is consistent with all of the relevant planning policies contained within the Whittlesea Planning Scheme.

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

The Amendment utilises the most appropriate planning tools within the Victorian Planning Provisions.

Land that is located within the Urban Growth Boundary will be rezoned in line with all adjoining properties, applying a General Residential Zone (GRZ1), a Development Plan Overlay Schedule 27that is consistent with adjoining properties, and the application of the Vegetation Protection Overlay Schedule 1.

The proposed Amendment seeks to utilise a site specific Incorporated Document to for the subdivision of three lots, and the use of one lot for the purposes of a vineyard, winery and function centre. Given the uniqueness of the proposal, it is considered applying an Incorporated Document to the site is the most appropriate method of providing certainty for the future of the site.

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

The views of relevant agencies were sought as part of the Exhibition process.

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

The Amendment will have no significant impact on the transport system as defined in Section 3 of the Transport Integration Act 2010. Any proposed developed of land within the Urban Growth Boundary will be required to provide for all transport services as necessary, including the creation of bicycle lanes, and bus facilities as defined by the Act.

No statement of policy principals prepared under Section 22 of the Transport Integration Act 2010 apply to the subject property.

Resource and administrative costs

The Amendment is unlikely to have a significant impact on the resource and administrative costs of the responsible authority.

While some residential development will be facilitated through the rezoning of land inside the Urban Growth Boundary, the number of potential planning applications associated with a parcel of this size would be unlikely to present a significant increase in workload for Council.

Where you may inspect this Amendment

The Amendment is available for public inspection, free of charge, during office hours at the following places:

• City of Whittlesea Civic Centre, 25 Ferres Boulevard, South Morang

The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.

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ATTACHMENT 1 - Mapping reference table

Location Land /Area Affected Mapping Reference

280 Bridge Inn Road, Mernda

Land bounded by Bridge Inn Road, Bindts Road and Regent Street, Mernda

Whittlesea C203 00znMap12 Exhibition

Whittlesea C203 002d-esoMap12 Exhibition

Whittlesea C203 003vpoMap12 Exhibition

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INCORPORATED DOCUMENT

Site Specific Control

280 Bridge Inn Road, Mernda

September 2018

This is an incorporated document under

the Whittlesea Planning Scheme pursuant to section 6(2)(j)

of the Planning and Environment Act 1987.

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Site Specific Control

280 Bridge Inn Road, Mernda

September 2018

INTRODUCTION: This document is an incorporated document in the Schedule to Clause 51.01 and the Schedule to Clause 72.04 of the Whittlesea Planning Scheme (the Scheme). Despite any provision to the contrary in the Scheme, pursuant to Clause 51.01 of the Scheme, the land identified in this incorporated document may be used and developed in accordance with the specific controls contained in this document. In the event of any inconsistency between the specific controls contained in this document and any provision of the Scheme, the specific controls contained in this document will prevail. ADDRESS OF THE LAND: 280 Bridge Inn Road, Mernda 3754 THIS DOCUMENT ALLOWS: Despite any provisions of the Whittlesea Planning Scheme, a permit may be granted for the use and development of a Restaurant. The restaurant use must be in conjunction with a vineyard, winery or function centre uses permitted on the land. No permit is required for the use and staged development of the land known as 280 Bridge Inn Road, Mernda 3754 as a vineyard, winery and function centre, removal of native vegetation, use of land to sell or consume liquor, and subdivision into three lots generally in accordance with plans as endorsed pursuant to condition 1 of this Incorporated Document. The endorsed plans may be amended from time to time by the Responsible Authority. THE FOLLOWING CONDITIONS APPLY TO THIS DOCUMENT: Use and/or development permits - amended plans required 1. Before the development commences, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans received in September 2016 and prepared by F2 Architecture Pty Ltd but modified to show:

a) Schedule of built form materials

b) Schedules of materials of hardstand surfaces.

c) The location of the ‘Cellar Door’ clearly identified.

d) All vegetation to be removed (within the Vineyard Lot).

e) The location of any advertising signage.

f) A Red Line Plan

g) A Subdivision Plan

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Landscape plan when no prior concept plan submitted 2. Before the development and use commences, three copies of a landscape plan prepared by a suitably qualified landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The plan must show:

a) A survey of all existing vegetation and natural features; b) The area or areas set aside for landscaping; c) A schedule of all proposed trees, shrubs/small trees and ground cover; d) The location of each species to be planted and the location of all areas to be covered by grass, lawn or other surface material; e) Paving, retaining walls, fence design details and other landscape works including areas of cut and fill; f) Appropriate irrigation systems; g) The provision of canopy trees throughout the development as appropriate. Limitation on number of patrons 3. Unless with the prior written consent from the Responsible Authority, the number of patrons present on the property at any one time must not exceed 150 to the satisfaction of the Responsible Authority. Land management plan 4. Before the development and/or use commences, a Land Management Plan prepared by a suitably qualified environmental consultant must be submitted to and approved by the Responsible Authority. The plan must include: a) A review of the present condition of the site, including identification of any land

management issues that may be evident. This assessment must detail all relevant site conditions, including: contours, existing remnant vegetation (including current Ecological Vegetation Classes), waterway / drainage networks and dams, soil condition, wildlife habitat areas, weed infestations, erosion sites, existing buildings and structures, proposed buildings and structures, existing roadways and tracks, existing and proposed fences and include a detailed legend.

b) An appropriate list and quantities of indigenous plant species intended for rural landscaping and revegetation on the property.

c) Identification and description of any land management issues such as erosion, salinity, weed invasion and pest animal invasion / activity occurring or that may occur on the property.

d) Description of the future use of the land, e.g. type and quantity of stock, type of agricultural production, conservation, and any associated activities such as fencing etc. that will need to be constructed as a result of the development.

e) Identification of the potential impacts of the proposed development and measures to reduce environmental and visual impacts.

f) Recommendations for land management actions that address the impacts of the proposed development, net gain requirements, if appropriate, and other key land management issues affecting the property, e.g. weed control, pasture improvement / management, with particular emphasis on the long-term management and enhancement of native vegetation.

g) An outline of a minimum 5-year schedule of works / timeline incorporating proposed mitigation measures and all other high priority land management actions, including: weed control, pest animal control, revegetation / shelterbelts, remnant native vegetation

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protection, protection of waterways, fencing, pasture improvement / management, erosion control / mitigation actions, salinity control / mitigation actions.

In addition to the above requirements, site specific issues may need to be addressed depending on the property and the proposed future land use. These requirements will be determined by the responsible planning officer and environmental staff. The approved Land Management Plan must be carried out and completed to the satisfaction of the Responsible Authority. The land must continue to be used in accordance with the approved Land Management Plan unless amended to the satisfaction of the Responsible Authority. Native Vegetation offset requirements 5. Prior to the removal of the native vegetation hereby approved, the permit holder must prepare and implement a native vegetation offset management plan to achieve a net gain associated with the removal of native vegetation approved under this permit to the satisfaction of the Responsible Authority. The offsets must be provided in accordance with the provisions of the Victorian Native Vegetation Management Framework and the Port Phillip and Westernport Regional Native Vegetation Plan. With the agreement of the Responsible Authority, a monetary contribution made payable to the Responsible Authority for it to secure the requisite land and to establish and maintain the required native vegetation offset may be accepted in lieu of the preparation and implementation of the offset management plan by the permit holder. Waste management plan 6. Before the use and/or development hereby permitted starts, a Waste Management Plan must be prepared to the satisfaction of the Responsible Authority. Once satisfactory, such a plan will be endorsed and must be implemented to the satisfaction of the Responsible Authority. The Plan must provide the following details of a regular private waste (including recyclables) collection service for the subject land including:-

• The type/s and number of waste bins.

• Screening of bins.

• Type/size of trucks.

• Frequency of waste collection.

• The provision and use of a bin-tug. The bin-tug must be maintained in an operational state at all times;

• Hours of collection (to comply with EPA Regulations). To the satisfaction of the Responsible Authority. The endorsed Waste Management Plan must not be amended without prior written consent of the Responsible Authority. EPA Requirements 7. Surface water discharge from the premises must not be contaminated with waste. 8. All development and use of the premises involving the emission of dust and other air quality indicators must comply with the State Environment Protection Policy (Air Quality Management). Venue Management Plan

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9. Before the use starts, three copies of a Venue Management Plan must be submitted to and approved by the Responsible Authority. The Venue Management Plan (VMP) must include the following information: a) location, type and details of existing licensed premises in the locality.

b) identification of all noise sources associated with the premises including, but not limited to, music noise, entries and exits to the premises and courtyards likely to impact on nearby residential property.

c) Measures to be undertaken to address all noise sources identified, including on and off-site noise attenuation measures.

d) Details of training provided for bar staff in the responsible serving of alcohol.

e) Hours of operation for all parts of the premises and delivery times to and from the site, including waste management. f) Lighting within the boundaries of the premises.

g) Security lighting outside the premises.

h) Details of the provision of music including the frequency and hours of entertainment provided by live bands and DJs.

i) Details of waste management plan including storage and hours of collection for general rubbish and bottles associated with the licensed premises.

j) Any other measures to be undertaken to ensure minimal amenity impacts from the licensed use. The Venue Management Plan will be endorsed to form part of the planning permit and must not be altered unless with the prior written consent of the Responsible Authority. Development and/or use layout not altered 10. The development and use as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority. Satisfactory Continuation 11. Once the use and development has started it must be continued and completed to the satisfaction of the Responsible Authority. General amenity 12. The development and use hereby permitted must be managed so that the amenity of the area is not detrimentally affected, through the: a) Transport of materials, good or commodities to or from the land; b) Appearance of any building, works or materials; c) Emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; d) Presence of vermin. e) (Specify others as appropriate) 13. The amenity of the locality must not be adversely affected by the activity on the site, the appearance of any buildings, works or materials, emissions from the premises or in any other way, to the satisfaction of the Responsible Authority. Hours of operation

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14. Unless with the prior written consent from the Responsible Authority, the use hereby permitted may only operate between the following hours:

• Monday to Thursday 11 am to 11 pm

• Friday to Sunday 11 am to 12 am External lighting / light spill 15. All external lighting must be designed, baffled and located so as to prevent adverse effect on adjoining land, to the satisfaction of the Responsible Authority. Services 16. Before the use commences, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority. Air Conditioning 17. No air conditioning equipment, plant or the like shall be installed on the roof of the building such that it would be visible to the public. Colours and materials of buildings 18. The nature and colour of building materials used in the construction of the buildings and works hereby permitted shall be of a non-reflective finish and in muted tones to the satisfaction of the Responsible Authority. Noise from air-conditioning 19. Air-conditioning and other plant and equipment installed on the subject building(s) shall be positioned and baffled so that noise disturbance is minimised, to the satisfaction of the Responsible Authority. General Drainage Requirement 20. Discharge of stormwater from the land will be required by means of an underground pipe drainage system designed to the satisfaction of the Responsible Authority and discharging to the legal point of discharge in a street or an underground pipe drain to the requirements of the Responsible Authority. In this regard no water shall be discharged from any pipe or paved area onto the surface of any adjacent land. Stormwater flows in excess of the approved capacity of the pipe drainage system must not be trapped by any construction but must be permitted to flow over the finished surface of the site to the street or drainage easement. Internal Drainage Works 21. Before starting any buildings or works, engineering plans showing a properly prepared design (with computations) for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required), must be submitted to Council for approval. These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site. External Drainage Works

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22. Prior to using or occupying any building on the site, the permit holder is required to construct at no cost to Council, drainage works between the subject site and the Council nominated point of discharge. Such drainage works must be designed by a qualified engineer and submitted to and approved by Council. Computations will also be required to demonstrate that the drainage system will not be overloaded by the new development. Construction of the drainage system must be carried out in accordance with Council specifications and under Council supervision. Car Park Construction (Unsealed) 23. Before the use commences, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with crushed rock, gravel, or granitic sand; d) Within 10m of any street alignment, concreted or otherwise permanently sealed; e) Drained and maintained; to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Responsible Authority. Vehicle manoeuvring 24. All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property, to the satisfaction of the Responsible Authority. Number of car spaces required 25. A minimum of 54 car spaces must be provided on the land for the use and/or development hereby permitted, to the satisfaction of the Responsible Authority. Car parking for disabled persons 26. A minimum of two car space(s) must be provided for the exclusive use of disabled persons. The car space(s) must be provided as close as practicable to (a) suitable entrance(s) of the building and must be clearly marked with a sign to indicate that the space(s) must only be utilised by disabled persons. Protection of fences and landscaped areas 27. In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas. Directional sign 28. A sign to the satisfaction of the Responsible Authority must be provided directing drivers to the area set aside for car parking and must be maintained to the satisfaction of the Responsible Authority. The sign must not exceed 0.3 square metres is area. Parking on nearby roads 29. Vehicles under the control of the operator of the use or the operator’s staff must not be parked on nearby roads. Vehicular Access

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30. Vehicular access to the site for Stage 2 must be way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will be using the crossing(s). The location, design, and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused or redundant crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Responsible Authority. All vehicle crossing works are to be carried out with Council supervision under a Road Opening Permit. Signage and Line-marking Plan 31. Prior to the commencement of development, a signage and line-marking plan showing all road markings and signs is to be submitted to Council for approval. The use and installation of signs and line marking must be in accordance with all relevant standards, including Council standard drawings, VicRoads, Australian Standards and AustRoads. Loading/unloading (for commercial or industrial development) 32. The loading and unloading of goods from vehicles must only be carried out on the land and must not disrupt the circulation and parking of vehicles on the land, to the satisfaction of the Responsible Authority. Landscaping completion and maintenance 33. Unless with the prior written consent of the Responsible Authority, before the use commences, the landscaping works shown on the endorsed plans must be carried out, completed and maintained to the satisfaction of the Responsible Authority. Landscape Bond (Non-residential) 34. Within two months from the date of issue of this permit, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of (insert amount) as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted. Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund up to 50% of the security deposit to the payee. Upon the maintenance of the landscaping works for a period of 2 years after the completion of such works to the satisfaction of the Responsible Authority, the Responsible Authority will refund to the payee the balance of the security deposit. In the event that the landscaping works are not completed or maintained to the satisfaction of the Responsible Authority, the Responsible Authority may complete and/or maintain the landscaping work and deduct the cost thereof (including supervision) from any security deposit lodged pursuant to this permit. Tree Removal Removal of Native Vegetation 35. Before the removal of the vegetation hereby approved starts, three copies of a plan must be submitted to and approved by the Responsible Authority, showing all vegetation to be removed and retained clearly identified and numbered on the plan. The vegetation must be clearly referenced in a table detailing the species/vegetation communities, the Diameter at Breast Height (DBH), height, extent of cover/canopy and health/condition.

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Compliance with Endorsed Plan 36. No native vegetation, other than that shown on the endorsed plan, is to be destroyed, felled, lopped, ring barked or uprooted, without the consent of the Responsible Authority. Vegetation to be Suitably Marked 37. The vegetation nominated for pruning and/or removal must be suitably marked prior to the commencement of any works and an inspection arranged with an appropriate Council Officer to verify that the vegetation marked accords with this permit. Consulting Arborist to Supervise Works 38. A consulting arborist must be employed to supervise works which may impact upon trees marked for retention on the approved plan. Induction of Construction Personnel 39. The consulting arborist must conduct an induction of all personnel involved in construction that may impact on tree protection zones. Supervision of Vegetation Removal/Pruning by Council Officer 40. Prior to any arboricultural works, the applicant must contact Council’s Parks and Open Space Manager to arrange for an appropriate officer to be present on site to supervise the vegetation removal and/or pruning works. At the completion of the works, the applicant is to arrange for the appropriate Council officer to inspect the site to ensure compliance with the planning permit. Processing of Vegetation 41. All vegetation removed must be processed (shredded and hammer milled) on site and stockpiled in a secure area (as agreed by the Responsible Authority) for future reuse as mulch around other trees that are located within Council reserves. Contractor to be Suitably Qualified 42. The contractor proposed to undertake the works must be suitably qualified and experienced and must hold appropriate insurances to the satisfaction of the Responsible Authority. Tree Protection Zone plan 43. Prior to development commencing (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), the trees marked on the endorsed plans as being retained must have a Tree Protection Zone (TPZ) defined on a plan to the satisfaction of the Responsible Authority. Unless works have already been shown on endorsed plans within the periphery, the zone for each tree shall be marked to extend to at least 1 metre from the drip line of each tree. If works are shown on the endorsed plan within the periphery, then the tree protection zone must be taken in to only the minimum amount necessary to allow the works to be completed. All tree protection fencing required by this permit must be erected in accordance with the approved TPZ. Tree protection zone fencing 44. Prior to development commencing (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings, tree protection zone fencing is to be constructed to the following requirements:

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a) Ring lock wire mesh approximately 1.8 metres high.

b) Main posts 100mm treated pine (TP).

c) Intermediate posts steel star pickets (SP).

d) The corner posts are to be TP with TP stays.

e) Every third post is to be TP.

f) SP to be placed intermediately between the TP posts at 3 metre intervals.

g) The ring lock mesh to encircle the structure and be firmly secured at each post.

h) Posts must be sunk into the ground by 450mm (there is to be no concrete to secure posts as this will affect p.H. levels). 45. Prior to development commencing (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), the tree protection fencing must be erected to the satisfaction of the Responsible Authority in accordance with the approved tree protection zone(s). The fencing must be erected to form a visual and physical barrier, be a minimum height of 1.5 metres above ground level, and include signage clearly marked “Tree Protection Zone – No Entry” on all sides. 46. Prior to the commencement of the approved works (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), the erected tree protection fences must be inspected and approved by the Responsible Authority. Tree protection fencing maintenance 47. Once erected and approved by the Responsible Authority, the tree protection fencing shall be maintained in good condition and may only be removed upon completion of all development works, to the satisfaction of the Responsible Authority. Should temporary access be necessary within the Tree Protection Zone during the period of construction, the Responsible Authority must be informed prior to relocating the fence (as it may be necessary to undertake additional root protection such as bridging over with timber). Enhancement of Growing Environment inside a Tree Protection Zone 48. The area inside the tree protection zone should, where considered relevant by the consulting arborist, be modified in the following manner to enhance the growing environment of the tree and to help reduce stress or damage to the tree: a) The area within the protection zone may require mulch with wood chips or compost matter to a depth of 150 millimetres.

b) Trees may require supplementary watering, with the amount to be assessed by the consulting arborist and determined by the extent of disturbance to the trees roots and climatic conditions.

c) Where severing of roots (greater than 50 millimetres in diameter) is required directly adjacent to the protection zone they must be cut cleanly. Where possible this is to be completed at the beginning of development of the site. Roots are not to be left exposed, but back-filled or covered with damp hessian. Storage/Activities within the Tree Protection Zone 49. The storing or disposing of chemicals or toxic materials must not be undertaken within 10 metres of any tree protection zone. Where the slope of the land suggests these materials may drain towards a tree protection zone, the storing or disposing of these materials is strictly forbidden.

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50. The following actions must not be undertaken in any tree protection zone as identified on the endorsed plan, to the satisfaction of the Responsible Authority:

a) Storage of materials or equipment; b) Attachment of materials to trees (including temporary service wires, nails, screws or any other fixing device); c) Open cut trenching or excavation works (whether or not for laying of services); d) Changes to the soil grade level (including filling); e) Parking of vehicles or machinery. Expiry (use and/or development) 51. In accordance with the Planning and Environment Act 1987 a permit for the development expires if:

a) the approved development does not start within 4 years of the date of this permit; or b) the approved development is not completed within 6 years of the date of this permit; and/or c) the approved use is not commenced within two years of the completion of the development. Time Limit (Subdivision) 52. In accordance with the Planning and Environment Act 1987, a permit for development which requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 expires if: (a) the plan is not certified within two years of the issue of the permit; or (b) the development or any stage is not completed within 5 years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988. Before the permit expires or within twelve months afterwards, the owner or the occupier of the land to which it applies may ask the Responsible Authority for an extension of time. The Responsible Authority may extend the time within which the development or any stage of it is to be started or the development or any stage of it is to be completed or within which a plan under the Subdivision Act 1988 is to be certified. Advertising Requirements Note: Without the consent of the Responsible Authority, no advertising, direction or identification sign shall be erected on the land (including flags, windvanes, bunting streamers or other like devices) except where in compliance with Clause 52.05 of the Whittlesea Planning Scheme. Registration Under Food Act 1984 Note: The premises is required to be registered with Council’s Health Department under the Food Act 1984. Noise control The permit holder should be aware that the operation of the use is at all times required, pursuant to the Environmental Protection Act 1970, to meet the requirements of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2. Noise control

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The permit holder should be aware that the operation of the use is at all times required, pursuant to the Environmental Protection Act 1970, to meet the requirements of the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1. Other Provisions Despite any provisions of the Whittlesea Planning Scheme, no planning permit is required pursuant to any of the following provisions, provided that the proposal is generally in accordance with the endorsed plans as amended from time to time to the satisfaction of the Responsible Authority: Clause 52.06 – Car Parking Clause 52.07 – Loading and Unloading of Vehicles Clause 52.27 – Licensed Premises Clause 52.34 – Bicycle Facilities

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Planning and Environment Act 1987

WHITTLESEA PLANNING SCHEME

AMENDMENT C203

INSTRUCTION SHEET

The planning authority for this amendment is the Whittlesea City Council.

The Whittlesea Planning Scheme is amended as follows:

Planning Scheme Maps

The Planning Scheme Maps are amended by a total of four attached map sheets.

Zoning Maps

1. Amend Planning Scheme Map No. 12 in the manner shown on the attached map marked “Whittlesea Planning Scheme, Amendment C203”.

Overlay Maps

2. Amend Planning Scheme Map No. 12 ESO in the manner shown on the three attached maps marked “Whittlesea Planning Scheme, Amendment C203”.

3. Amend Planning Scheme Map No. 12VPO in the manner shown on the three attached maps marked “Whittlesea Planning Scheme, Amendment C203”.

4. Amend Planning Scheme Map No. 12DPO in the manner shown on the three attached maps marked “Whittlesea Planning Scheme, Amendment C203”.

5.

Planning Scheme Ordinance

The Planning Scheme Ordinance is amended as follows:

6. In Particular Provisions – Clause 51.01, replace the Schedule with a new Schedule in the form of the attached document.

7. In Incorporated Documents – Clause 72.04, replace the Schedule with a new Schedule in the form of the attached document.

End of document

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003

| Planning Mapping Services |

| Planning Information Services |

| Planning |

BRIDGE INN RD

DARVEL DR

SILVERWOOD DR

REGENT ST

1000

metres

LEGEND Part of Planning Scheme Map 12DPO

AMENDMENT C203

W H I T T L E S E A P L A N N I N G S C H E M E

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