Free (Statutory) Planning Advice

Thanks you Marko for your genorocity and indepth assistance in many posts of very useful information. I have no doubt but that you have changed the way I see the world and my property - thank you.

 

Hi Mark, I am thinking of subdividing my 5.5 acre property in Cockatoo.
All of the zoning and overlays simply confuse me,could you please offer me some assistance.
I was hoping to subdivide the land into 5 blocks and sell 1 of them in the near future and others at a later stage in life.

The land is all cleared and under pasture with 1 large house 1 stable block and a very large shed. There is also the remnants of the original house.
I have lived here for 29 yrs and originally the land was zoned special study but has been rezoned a number of times over the years.
1. What are my chances of subdividing?
2. If i can subdivide how many blocks do you think i would be able to split it into?
3. How do i go about the process?

Parcel Details
Lot/Plan or Crown Description SPI
Lot 1 TP83033 1\TP83033

Planning Zone Summary
Planning Zone: RURAL CONSERVATION ZONE - SCHEDULE 2 (RCZ2)

SCHEDULE TO THE RURAL CONSERVATION ZONE - SCHEDULE 2

Planning Overlays: ENVIRONMENTAL SIGNIFICANCE OVERLAY (ESO)

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1 (ESO1)

WILDFIRE MANAGEMENT OVERLAY (WMO)

WILDFIRE MANAGEMENT OVERLAY (WMO)

Kind regards
Dee

 

G'day Dee

Welcome to the PRI Forum.

That is a beautiful property that you have.

I am sorry that your request seems to have slipped under my radar, I will now provide a response as follows:

1) Zero. Pursuant to Schedule 2 to the Rural Conservation Zone (RCZ2) of the Cardinia Planning Scheme (CPS), the 'minimum subdivision area' for 'all land' within the RCZ2 is '15 hectares'.

2) See above.

3) The only possible way for you to subdivide your property in the future would be to first seek an amendment of the CPS, as it applies to your property. I have no way of knowing what Council's opinion might be of such a proposal. The best advice I can offer you is that you approach Council and seek their opinion/advice.

I'm sorry I can't be the bearer of happier news, but please feel free to ask any subsequent questions, and I will do my best to answer them for you.

Cheerio, Mark.

 

Hi Mark

Just wondering if I could pick your brains please?

My husband and I have only just started looking into sustainable living. We are still currently searching for our dream property whilst renovating our house in Brisbane situated on a "small lot" in a "waterway corridor"....*sigh*. We WILL get out of this nightmare property situation if we EVER get our renovation approvals through council. :shake:

Anyway, getting back to what I wanted to ask.....is there a council within SE Qld that is more favourable of sustainable living? Apart from caveats, easements and the like affecting a property what sort of zoning should we be looking out for?

Any info you could offer would be greatly appreciated. :nod:

Many thanks

Rachel

 

G'day Rachel

Sorry for the belated reply.

Generally speaking, there are 11 LGAs (local government areas, or 'councils') that make up the area known as SE QLD. Each of these LGAs have 1-or-more planning schemes (PS) attached to them. In essence, the PS is the primary statutory (legal) document that council planners will use in order to determine the merit of a development and/or use proposal (or, the plans of your 'dream property') within their jurisdiction. Therefore, it is the PS/s of each LGA within SE QLD where you should direct your studies to determine which of these municipalities offers you and your unique requirements the most 'favourable' potential outcome in terms of 'sustainable living' options. I am sorry, but I can not offer you any more specific information than what I have given above. This is based on the fact that it can take many days (sometimes months) for a detailed study to be undertaken on any given regional area of Australia, and even when that study is complete, the findings are apt to be obsolete because the planning agendas (remembering that we are talking about Law here) of each LGA is always subject to change.

However, and after having said all of the above, I am able to offer you the following in terms of a general guide to land use zoning in SE QLD:

Using the beautiful Scenic Rim Regional Council as a case study, we can see from studying the various PSs attached to this LGA and in particular, the Ipswich Planning Scheme (IPS), that there are a myriad of 'zones' (in the case of the IPS, Parts 4-10) applicable to any one scheme. Each one of these zones or 'areas' has sets of criteria for what is the preferred (or, 'favoured') development and use outcome for any land that is affected by the zone provisions.

For example, take Part 4, Division 6 of the IPS, the Residential Medium Density Zone. Here the casual observer will find all matter of confusing language pertaining to what is 'allowed' within this zone and what is not. Say, for example, you find your 'dream block' and upon checking the zoning you find that it is zoned Residential Medium Density (unlikely, I know, but please indulge me). Say also, that among the plans for your dream block you wish to keep two sheep, three goats, 13 chooks, and you wish to grow 1/4acre of fruit and veg, and you want to keep three bee boxes, and you want to grow some tagasaste as fodder for the goats and forage for the bees, and you want to press your own grapes and produce your own vino, and - finally - you want to share all of this 'good permacultural life' with a few dozen WWOOFers each year. Sounds great, hey? Well, the PS states that you can not (most likely) do any of this!

Pursuant to 4.6.5 (3) of the IPS:

The following uses, use classes and other
development categories are inconsistent with the
outcomes sought and are not located within the
Residential Medium Density Zone; and constitute
undesirable development which is unlikely to be
approved—
(a) agriculture [there goes the big fruit and vege plot];
(b) animal husbandry [there goes the goats, sheep and chooks];
(c) aviation use;
(d) business use;
(e) community use, if a cemetery,
crematorium or emergency services depot;
(f) correctional centre;
(g) entertainment use;
(h) extractive industry;
(i) forestry [there goes the tag forest];
(j) general industry;
(k) general store, if operating between the
hours of 9.00 p.m. to 6.00 a.m.;
(l) intensive animal husbandry;
(m) multiple residential, if a caravan park;
(n) nuclear industry;
(o) plant nursery (wholesale);
(p) recreation use;
(q) service trades use;
(r) shopping centre;
(s) special industry;
(t) temporary accommodation, if a camping
ground or caravan park [there goes the WWOOFers];
(u) wine making [there goes your vintage red].

So, I am sorry if by stating all the above seems like I am covering ground that you are already familiar with. However, I do now hope you can appreciate that there is not any one particular form of 'zoning that you should be looking for', but rather you should:

a) formulate a preliminary plan as to what your future needs are likely to be;
b) find a property that (on paper) suits those needs;
c) check the zoning (and all other statutory planning and building requirements) of the said property and make sure it is in alignment with your plans, and
d) if the zoning is inconsistent with your plans, go back to b).

I hope the above helps.

Cheerio, Markos.

 

MW objection

Hi Markos,

Thank you for the offer, it is very generous.

Hopefully you can help us.

We are setting up a nursery and off-grid dwelling in Launching Place and have been town planning for past 9 months. The Council are happy with our proposal and placed notice on fence for community feedback.

Then Melbourne Water objected to our proposal due to Land Subject to Inundation overlay. :sweat:
This is their response:

Thank you for your letter of 22 February 2012 regarding a town planning application
referral with the above details.
Melbourne Water, pursuant to Section 56 (1) of The Planning and Environment Act
1987, objects to the proposed development on the following grounds:
1. The proposed development is inconsistent with the decision guidelines set out in the
Land Subject to Inundation Overlay (LSIO) within the Yarra Ranges Shire Planning
Scheme and is contrary to the State Planning Policy.
2. The proposed development is subject to inappropriate flood risk, where the safety of land users may be affected and potential for flood damage is excessive
3. The proposed development does not comply with Melbourne Water's 'Guidelines for
Development in Flood-prone Areas core requirement regarding Site Safety and Access
Safety.

Advice
Please note that as the Responsible Authority under Section 61 (2) of the Planning and
Environment Act 1987 you must refuse to grant the permit if Melbourne Water (the
relevant referral authority) objects to the permit. Please be advised that should the
application be amended or a new application lodged, separate approval from
Melbourne Water must be obtained.

Advice to Council / Applicant
Melbourne Water assesses development proposals within areas subject to flooding in
accordance with our Guidelines for Development in Flood-prone areas. Under these
guidelines, development may only be acceptable where new development is protected
from flooding, has safe access to and around the development and does not interfere
with the passage and storage of floodwaters.
Properties in Launching Place are located within the active floodplain
of the Yarra River and the Little Yarra River. These properties may be subject to high
flood depths of over 1 metre, high velocities and floodwaters may also inundate
properties for long periods of time (e.g. like several days).
Flood risk must be considered in planning decisions to avoid intesifying the impact of
flooding through inappropriately located uses and developments.
Melbourne Water is responsible for protecting and minimising risks associated with
flood damage during a significant storm event. As a referral authority we are required
to assess the increased flood risk for any future development proposals. Within the
active floodplain, development must be restricted to low intensity uses such as
recreation and low level agriculture.


We compiled a report proving that their overlay is no longer relevant, due to their 1 in a 100 year flood level based on the 1934 flood, before the Upper Yarra Reservoir was constructed. Three months on and we still have no response.:think:

Our floor height is above the 1 in 100 year level. It is all about access

Now we are off to VCAT as council have now refused our permit due to MW's objection.
MW have not given us any records or guidelines. How can we address their 3 objections and where do you find this info?

Your thoughts will be greatly appreciated.

kind regards

Brett

 

G'day Brett

In part answer to your question:

'How can we address their 3 objections and where do you find this info'?

1. The proposed development is inconsistent with the decision guidelines set out in the Land Subject to Inundation Overlay (LSIO) within the Yarra Ranges Shire Planning Scheme and is contrary to the State Planning Policy.

The decision guidelines (Clause 44.06-4) for the LSIO contained within the YRPS can be found here.

2. The proposed development is subject to inappropriate flood risk, where the safety of land users may be affected and potential for flood damage is excessive.

See the above document.

3. The proposed development does not comply with Melbourne Water's 'Guidelines for Development in Flood-prone Areas' core requirement regarding Site Safety and Access
Safety.

These requirements (Sections 4.3.4 & 4.3.5) can be found here.

As to 'how' you might address these above guidelines and requirements, without having studied all of the documentation relating to your application, I'm afraid I cannot answer that part of your question.

You state: 'Now we are off to VCAT'.

Information about the Planning and Environment List at VCAT can be found here.

Cheerio, Markos.

 

Thanks Markos

 

G'day All

Well, we are still here, and still offering free* advice. However, in the interests of making things a little easier to manage (and for the benefit of others who may have similar questions), we ask that you direct any further inquiries through this thread:

https://forums.permaculturenews.org/showthread.php?15999-Permaculture-Planning

Cheerio, Mark and the team at MRC Planning

* https://mrcplanning.webs.com/services-and-fees

 

HI Mark

It is inspiring that you are helping others live more in tune with the environment.
We are looking to build an earthdome type dwelling/turf roof - off grid , use permaculture
as our food/waste etc system and rent the dwelling out to inspire others. New Zealand
is our place, where abouts we are trying to find out where we can get planning permission
and run it as a self catering business, poss run courses on alternative living in the future.
Can you advise at all on NZ planning with this type of build? we want to build as much as we can
ourselves ie; timber framed straw-baled turf roof dome! Many Thanks Rach.

 

Hi Rach - Mark has left the forum since that post was made. Try his website for contact details and make contact that way.