Current update
A panel hearing for Amendment C274gben was held on Wednesday 26 June 2024. The City has received the Panel’s report.
Background
Amendment C274gben (the Amendment) proposes to implement the findings of the Heathcote Township Plan into the Greater Bendigo Planning Scheme. Specifically, the Amendment affects land in the Heathcote Township by:
- Making various changes, largely to correct zoning anomalies (such as residentially used properties but in a commercial zone or crown land that is in a rural zone but should be a Public Park and Recreation Zone)
- Rezoning land in a Commercial 1 and Commercial 2 Zone that were not appropriate for commercial development to a Neighbourhood Residential Zone
- Deleting the Neighbourhood Character Overlay (NCO) from land that is also subject to a Heritage Overlay in line with Planning Practice Note 91
- Applying the Design and Development Overlay Schedule 6 to private land that adjoins forested crown land to protect the vegetation and environmental values of the crown land
- Applying the Environmental Audit Overlay to land on the Back Kyneton Road, formerly the Shire of McIvor landfill
- Making several minor changes to overlay controls to fix anomalies
- Introducing a number of Heathcote specific policies into the Planning Policy Framework to help guide planning decisions in Heathcote
The Amendment was on public exhibition from February 15 to March 18, 2024.
A report was presented to the Council meeting on 22 April 2024 to request a Planning Panel.
Next step
A report is being prepared which recommends that Council consider the Panel report and requests that Council adopt the Amendment in accordance with the recommendations contained in the Panel report. If Council resolves to adopt the Amendment, it will be forwarded to the Minister for Planning for final approval.
Frequently asked questions
Following exhibition all submissions will be reported to Council for consideration. Council can decide to:
- Support the submission
- Support the submission-in-part
- Not support the submission
If the decision is to either support the submission-in-part or to not support the submission, it will be referred to an Independent Panel appointed by the Minister for Planning to be further considered.
If there will be submissions that can’t be resolved, a report will be presented to the Council to request that the Minister for Planning appoint an Independent Panel to consider the amendment and any submissions referred to it. The Panel is made up of people with relevant expertise who have no connection to the City or any submitters.
The Panel is a public hearing and submitters will have the opportunity to present their case to the Independent Panel if they choose.
The Panel then prepares a report that provides advice to Council on the amendment and the submissions. The Panel Report will be released within 10 days after it is received by the City of Greater Bendigo and will be formally considered by Council. The Council’s consideration of the recommendations of the Independent Panel, and its decision on the Amendment, will then be submitted to the Minister for Planning for consideration and potential approval.
The updated flooding controls in Heathcote were approved in August 2022. This amendment is not making any changes to these controls.
Investigations following the flooding in October 2022 have shown that properties impacted by were all within the area the areas affected by the flooding controls.
Following the more recent flood events, if there are any particular sites or drainage assets that the community think needs to be investigated it is recommended that a customer request be lodged.
Neighbourhood Residential Zone
The Neighbourhood Residential Zone (NRZ) Zone is being applied to land that is either in a Commercial 1 or Commercial 2 Zone that was identified in the Heathcote Township Plan as being more appropriately used for residential purposes. The NRZ is used in areas that are generally single or double storey.
The Zone applies to areas where there is no anticipated change to the single and double storey character and where there is specific neighbourhood, heritage, environmental or landscape character values.
A planning permit is not required under the Zone to construct a single house (up to two storeys high) on a lot larger than 300sqm. Other permissions and permits may be required should other planning controls apply.
Commercial 2 Zone (C2Z)
A number of properties are proposed to be rezoned from a Commercial 1 Zone (C1Z) to a Commercial 2 Zone (C2Z). The C1Z is typically applied to commercial centre of a town and encourages a range of retail, business and entertainment uses. The sites being rezoned a generally isolated from the Heathcote Town Centre and aren’t areas where core commercial uses are appropriate.
The C2Z on the other hand provides for manufacturing and light industrial type uses which is considered more appropriate in these areas and in a number of examples better reflects the type of uses taking place on the ground.
It is also noted that existing businesses affected by the proposed zoning change that are lawfully established will not be disadvantaged by the change.
Design and Development Overlay 6 (DDO6)
The Design and Development Overlay 6 is being applied to land that adjoins forested crown land. It includes requirements relating to subdivision, fencing, building setbacks and stormwater.
If your property is already developed and you have no planned extensions or redevelopment, or have existing permits then this overlay will have minimal impacts.
Heritage Overlay (HO) and Neighbourhood Character Overlay (NCO)
There are a number of areas in Heathcote where the Heritage Overlay (HO) and Neighbourhood Character Overlay (NCO) apply to the same land. State Government guidance states that these two overlays should not be applied to the same area. It is therefore proposed to delete the NCO, so that the HO has precedence and there is no confusion between the controls.
Environmental Audit Overlay
The Environmental Audit Overlay (EAO) is being applied to a property that was used in part as the former Shire of McIvor landfill. The EAO ensures that any potential contamination issues are properly assessed prior to a sensitive use (such as residential) being established on the site.