Planning for Growth - Reports

2.5

Ordinary Meeting - 20 July 2016

51 HANNANS ROAD, MANDURANG SOUTH 3551 - REFUSAL OF

DEVELOPMENT PLAN AND SUBDIVIDE LAND INTO 2 LOTS

Document Information
Author

Liz Commadeur, Subdivision Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Application details:

The subdivision of land into two 1 hectare lots; one lot will
contain an existing dwelling, the other will be vacant.

Application No:

DS/121/2016

Applicant:

Shane Muir Consulting Engineers Pty Ltd

Land:

51 Hannans Road, MANDURANG SOUTH

Zoning:

Low Density Residential Zone

Overlays:

Bushfire Management Overlay

Development Plan Overlay 4 Density Management Areas

No. of objections:

There were no submissions.

Key considerations:

Central to an assessment of the application is the small size

of both proposed lots relative to the character of the area
where low density residential allotments predominate. The
proposed subdivision does not satisfy the requirements of the
Development Plan Overlay 4.

Conclusion:

This report recommends that Council oppose the approval of

a Development Plan on neighbourhood character grounds,
and that no permit be granted.

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2016-2017 Update)
Planning for Growth
Planning ensures residents have access to diverse, affordable and sustainable
housing choices.
Productivity
Greater Bendigo has a vibrant and diverse economy that grows jobs and enables
good living standards.

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Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The subject site is comprised of one parcel located on the southern side of Hannans
Road in Mandurang South. The site is rectangular in shape with an area of 2.34 hectares
and has a very slight slope to the north western end of the site. A dwelling and
associated outbuildings are located on the western end of the site. A dam is located in
the south western part of the site. Access to the site is via an existing gateway in the
north west corner of the site to Hannans Road. Secondary access is available from the
north east corner to Hannans Road. Hannans Road is a sealed rural road. A rural post
and wire fence delineates the site to the adjoining properties. Scattered native trees are
located along the Hannans Road and Queen Street road reserve frontages.
The site is described as Crown Allotment 1 Section 2, Township of Mandurang, Parish of
Mandurang.
Power and telecommunications are connected to the site. The site is reliant on water
tanks for potable water supply and a wastewater treatment system for the management
of wastewater.
The pattern of subdivision in the area is comprised of established low density residential
lots to the south, east and west. Land to the further west is zone for Rural Living
purposes. The Mandurang South recreation reserve is located to the north of the site.
The character of the area is defined by the semi-rural and bushland setting, particularly
due to the location of forested areas further to the north west and west.

Figure 1: Location map showing subject site.

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Proposal
This application seeks the approval of a development plan and subsequent issue of a
permit to subdivide the land into two low density residential lots.
The lots will each an area of 1.17 hectares.
Access to the lots will be from Hannans Road.
Lot 1 will contain the existing dwelling, while Lot 2 will be vacant.

Figure 2: Proposed plan of subdivision

Planning Controls - Greater Bendigo Planning Scheme

The site is in the Low Density Residential Zone (LDRZ) and is covered by the
Development Plan Overlay Schedule 4 (DPO4) and Bushfire Management Overlay
(BMO). A permit must not be granted to subdivide land, until a development plan has
been prepared to the satisfaction of the responsible authority. A permit is required to
subdivide land in the LDRZ and BMO.
The following provisions of the Greater Bendigo Planning Scheme are relevant to the
application:
State Planning Policy Framework:
Regional development (clause 11.05).
Sustainable development (clause 15.02).
Integrated transport (clause 18.01).
Movement networks (clause 18.02).
Municipal Strategic Statement:
Municipal profile (clause 21.01).
Key issues and influences (clause 21.02).
Vision - strategic framework (clause 21.03).
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Strategic directions (clause 21.04).

Settlement (clause 21.05).
Housing (clause 21.06).
Environment (clause 21.08).
Infrastructure (clause 21.09).
Reference documents (clause 21.10).

Local Planning Policies:

Salinity and erosion risk policy (clause 22.04).
Other relevant provisions:
Low Density Residential Zone (clause 32.03).
Development Plan Overlay (clause 43.04).
Bushfire Management Overlay (clause 44.06)
Decision guidelines (clause 65).
Referral and notice provisions (clause 66).
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral

Comment

Country Fire Authority

No objection subject to conditions

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Public Notification
The application was informally advertised by way of notice on the site and letters to
adjoining and nearby owners and occupiers. As a result of advertising, no submissions
were received.
Planning Assessment
Development Plan Overlay Schedule 4
The DPO4 requires that lots in this area are to be at least two hectares in area. The
proposal is to subdivide the land into lots of only one hectare in area. Lots under the
minimum lot size of two hectares may be approved following consideration of the three
matters discussed below.

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Will the subdivision be compatible with the general character of the area?
Hannans Road is comprised of lots that range in area from 0.51 to 2.65 hectares in a
bushland and semi-rural character setting. The site is situated between Queen Street to
the east and Hunts Gap Road to the west. A planning application for a five lot
subdivision, which abuts the site to the west, is currently being assessed by the Planning
Department. These proposed lots will each have an area in excess of two hectares.
In the context of the wider neighbourhood, the lots range between 0.9 to 4.5 hectares. In
similar terms to Hannans Road, properties are characterised by larger lots with large
gardens, particularly along Mandurang South Road and Queen Street.
According to the original parish plan, the site is included in the Township of Mandurang
and the size of the crown allotments varied from 0.2 hectare to 10 hectares (see Figure
3). These smaller parcels generally form part of slightly larger landholdings, such as the
recreation reserve opposite the site on the northern side of Hannans Lane. There are
smaller lots in the area, approved under some planning permits issued in excess of 15
years ago. One example is the re-alignment of three boundaries located immediately
east of Queen Street. This was approved because it was the re-subdivision of existing
lots and no new lot was created. Research into older files failed to identify the reason for
approving smaller lots whilst being located in an area with a two hectare minimum.
The proposal fails to meets the fundamental requirements of maintaining and
strengthening the semi-rural qualities of the area. The proposed lots, being just in excess
of 1 hectare, are 50% of the area desired by the DPO. The subject site is already 2.34
hectares in area, which fits well with the rest of the precinct. It is difficult to imagine how
any new dwelling on Lot 2 could strengthen the sites semi-rural setting given the modest
size of the lots.
Although the land is zoned for low density residential purposes, its distance of
approximately 10 km from Bendigo has influenced a pattern of development more suited
to rural living type activities, including the keeping of horses. It is important that these
existing activities are encouraged in a specified area, thus reducing the problem of
conflicting interests with dwellings constructed on smaller lots.
The intent of the DPO4 is to maintain the semi-rural and bushland qualities of the area,
by managing the density of future development on generous sized lots. It is imperative
that Council supports areas designated with specific minimum lot sizes under the DPO4,
to protect the future integrity of the area. It may be argued that the eastern end of the site
(proposed Lot 2) is devoid of vegetation and there is ample space for a dwelling and
associated outbuilding. However, in reality, setting a precedent for smaller lots and
subsequent development on these lots in the area would negatively impact on the
existing unique character.

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Figure 3: Location of site shown in the original Township of Mandurang in the Parish of Mandurang

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Figure 4: Location of site in the Mandurang LDRZ precinct 11

Can the lots be appropriately serviced?

Power and telecommunication services are able to be connected to the site. The existing
dwelling is reliant on a septic tank system for the management of wastewater. The
application was referred to the Citys Environmental Health Officer regarding the
retention of wastewater within the boundaries of the proposed lots. The EHO concurred
with the conclusion stated in the submitted Land Capability Assessment that both
proposed lots were capable of retaining wastewater within the lot boundaries. Water
tanks are used for the collection of potable water.
Can remnant vegetation be retained?
There is very little native vegetation located on the site. There is no native vegetation
proposed to be removed as part of this application.

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In conclusion, the proposed subdivision is not in keeping with this neighbourhood

character for the following reasons:
Both lots are about half the area desired by the DPO4.
The neighbourhood has developed a strong sense of place due to the nature of the

bushland and semi-rural landscape character. The creation of smaller lots would
undermine this existing character.
The subdivision will set a poor precedent that would undermine the intent of the
DPO4.
Permit Application
As stated earlier, a development plan must be approved prior to the issue of a planning
permit. The assessment of the application for the approval of a permit in a LDRZ area is
very similar to that of the development plan. Issues of neighbourhood character have
been addressed earlier in the report. It is noted that there is no reason to believe that
amenity issues would be raised by the proposed subdivision, mainly due to the
separation by stands of native vegetation.
The proposed subdivision would undoubtedly create lots that are far removed from the
intent of the DPO4, and subsequently not meet the requirements of the LDRZ, in
particular the protection and enhancement of the natural environment and character of
the area (clause 32.03-6).
Bushfire Management Overlay (BMO)
The site is affected by the BMO, due to its close proximity to forested areas. The
application was referred to the Country Fire Authority, who had no objection, subject to
the inclusion of standard conditions should a permit be issued.
Conclusion
Based on the assessment of the character of the low density residential area, the area of
both lots do not meet the meet the minimum lot size of two hectares and subsequently
does not accord with the existing or desired neighbourhood character in the manner
required by the Development Plan Overlay 4.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: approve a development plan prior to the issue of a planning permit with
conditions or refuse a development plan prior to the issue of a refusal to grant a planning
permit.

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RECOMMENDATION
Pursuant to Section 61 of the Planning and Environment Act 1987, Greater Bendigo City
Council resolves the following with respect to the land at 51 Hannans Road,
MANDURANG SOUTH 3551:
1. To refuse to grant approval for the submitted development plan. The proposed
development plan does not satisfy the requirements of Schedule 4 to the
Development Plan Overlay because:
1.1 The lot sizes shown on the plan do not accord with the preferred 2 hectare
minimum lot size specified for the Mandurang South area.
2. To refuse to grant a permit allowing the subdivision of the land into two lots for the
following reasons:
2.1 A permit cannot be granted in the absence of an approved development plan.
2.2 The proposed lot sizes are incompatible with the existing character of the area.

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