BENCES ROAD AREA LOCAL STRUCTURE PLAN FINAL REPORT...the development of the area. The Local Structure Plan provides a guide for the preparation and assessment of development applications,

By:

November 2007

RATIO CONSULTANTS PTY LTD

For: MOORABOOL SHIRE COUNCIL

BENCES ROAD AREALOCAL STRUCTURE PLAN FINAL REPORT

Prepared by

Ratio Consultants Pty Ltd “Riverwalk” First Floor

649 Bridge Road Richmond VIC 3121 T (+) 61 03 9429 3111 F (+) 61 03 9429 3011

Prepared for

Moorabool Shire Council

November 2007

Our Reference: 6187 071120 Bences Road Lsp Report - Final Hr

©Copyright, Ratio Consultants Pty Ltd, November 2007.

This work is copyright. Apart from any use as permitted under Copyright Act 1963, no part may be reproduced without written permission of Ratio Consultants Pty Ltd.

Disclaimer:

Neither Ratio Consultants Pty. Ltd. nor any member or employee of Ratio Consultants Pty. Ltd. takes responsibility in any way whatsoever to any person or organisation (other than that for which this report has been prepared) in respect of the information set out in this report, including any errors or omissions therein. Ratio Consultants is not liable for errors in plans, specifications, documentation or other advice not prepared or designed by Ratio Consultants.

Moorabool Sh i re Counci l S teer ing Commit tee

C o u n c i l l o r s :

C r P e t e r R u s s e l l , M a y o r

C r M i k e C u r r i n g t o n

C r D i M c A u l i f f e

C r M i c h a e l T u d b a l l

C o u n c i l O f f i c e r s :

G a r y S m i t h , D i r e c t o r I n f r a s t r u c t u r e S e r v i c e s

C o r a l Y o u n g , E x e c u t i v e M a n a g e r P l a n n i n g & B u i l d i n g

M i c h a e l M c C a r t h y , M a n a g e r S t r a t e g i c & S u s t a i n a b l e D e v e l o p m e n t

N e i l M a n n i n g , S t r a t e g i c & S o c i a l P l a n n i n g C o o r d i n a t o r

S t a t e G o v e r n m e n t a n d R e f e r r a l A u t h o r i t i e s :

D e p a r t m e n t o f S u s t a i n a b i l i t y & E n v i r o n m e n t

P a r k s V i c t o r i a

W e s t e r n W a t e r

S o u t h e r n R u r a l W a t e r

F r i e n d s o f W e r r i b e e G o r g e a n d L o n g F o r e s t M a l l e e

V i c R o a d s

Rat io S tudy Team

P r o j e c t D i r e c t o r : D r J e f f W o l i n k s i

P r o j e c t P l a n n e r : H i l a r y R u t l e d g e

R e s e a r c h A s s i s t a n t : M e g a n A u l i c h

G r a p h i c s & M a p p i n g : I r e n e S a j n & S a r a h B a l l o c k

TABLE OF CONTENTS

C h a p t e r / S e c t i o n P a g e N o .

R a t i o C o n s u l t a n t s P t y L t d iii

1 EXECUTIVE SUMMARY 1

2 INTRODUCTION 3

2.1 Background 3

3 PLANNING & POLICY CONTEXT 7

3.1 State Planning Policy Framework 73.2 Local Planning Policy Framework 153.3 Existing Planning Provisions 293.4 Strategic Planning Background 37

4 ENVIRONMENTAL OPPORTUNITIES AND CONSTRAINTS 47

4.1 Environmental Conditions 494.2 Recommended Management Requirements 51

5 DEVELOPMENT OPPORTUNITIES AND CONSTRAINTS 55

5.1 Environmental Constraints 555.2 View Line Constraints 585.3 Potential Development Area 615.4 Implications for the Development of the Plateau 63

6 ISSUES REQUIRING FURTHER RESOLUTION 65

6.1 Study Area 656.2 Land Ownership 666.3 Road Network 706.4 Sewerage 726.5 Escarpment Setbacks 736.6 Lot Sizes & Configuration 756.7 Constrained and Unconstrained Land 766.8 Community Title & Management Issues 766.9 Lot Yield Capacity 776.10 Land Adjoining the Long Forest Nature Conservation Reserve 786.11 Open Space 806.12 Vegetation and Environmental Management 806.13 Summary 81

7 IMPLEMENTATION 83

7.1 Statutory Mechanisms 837.2 Staging & Infrastructure Delivery 84

8 RECOMMENDATIONS 87

8.1 Need for a Balanced Approach to Development 878.2 Implementation 91

TABLE OF CONTENTS (CONTINUED)

F i g u r e / T a b l e N u m b e r P a g e N o .

iv R a t i o C o n s u l t a n t s P t y L t d

9 THE NEXT PHASE OF DEVELOPMENT PLANNING 99

9.1 A Vision for the Precinct 999.2 Amenity & Lifestyle Choice 1009.3 Principles for the Development Plan 1029.4 Non-Planning Implementation Actions 1039.5 Stakeholder Engagement & Participation 104

10 CONCLUSION 107

LIST OF FIGURES, TABLES & PHOTOGRAPHS

R e f e r e n c e P a g e N o .

R a t i o C o n s u l t a n t s P t y L t d v

FIGURES

Figure 1: Study Area........................................................................................................................ 5

Figure 2: Planning Scheme Zones.............................................................................................. 32

Figure 3: Planning Scheme Overlays......................................................................................... 36

Figure 4: Opportunities and Constraints ................................................................................... 48

Figure 5: Environmental Buffers................................................................................................... 57

Figure 6: View Lines ....................................................................................................................... 60

Figure 7: Local Structure Plan – Planning Scheme Plan – No Development Areas......... 64

Figure 8: Land Ownership............................................................................................................ 67

Figure 9: Land Parcel Size (ha) ................................................................................................... 68

Figure 10: Local Structure Plan-Planning Scheme Plan Land Ownership............................ 69

Figure 11: View Buffers.................................................................................................................... 74

Figure 12: Land Parcels With Remnant Vegetation ................................................................. 79

Figure 13: Local Structure Plan-Planning Scheme Plan ........................................................... 89

TABLES

Table 1: Vacant Land within Rural Residential/Environmental Living & Low Density

Residential Zones ............................................................................................................. 40

Table 2: Viewline Setback Distances .......................................................................................... 59

Table 3: Developable Land.......................................................................................................... 62

Table 4: Areas Affected by the PCRZ Buffer.............................................................................. 78

Table 5: Statutory Mechanisms .................................................................................................... 84

PHOTOGRAPHS

Photograph 1: Possumtail Run, SunnyStones Subdivision: View to East........................... 17

Photograph 2: Rural Landscape of the Bences Road Plateau ........................................ 18

Photograph 3: Views across the Bences Road Plateau..................................................... 18

Photograph 4: Possumtail Run, Sunny Stones Estate ........................................................... 19

Photograph 5: Existing Dwelling, Bences Road Plateau..................................................... 19

Photograph 6: Bacchus Marsh Avenue of Honour.............................................................. 20

Photograph 7: Revegetation Site............................................................................................ 21

Photograph 8: Merrimu Reservoir ............................................................................................ 22

Photograph 9: Merrimu Reservoir ............................................................................................ 22

Photograph 10: Views from Buckleys Road Across to the Bacchus Marsh Hills ............... 99

Photograph 11: Bences Road Escarpment, Western Edge of Plateau...........................100

Photograph 12: Views Across Bences Road Plateau..........................................................100

Photograph 13: Flanagans Drive.............................................................................................101

Photograph 14: Views across the Bences Road Plateau...................................................101

B e n c e s R o a d L o c a l S t r u c t u r e P l a n

vi R a t i o C o n s u l t a n t s P t y L t d

L I S T O F A B B R E V I A T I O N S

BRBM-ODP: Bences Road, Bacchus Marsh Outline Development Plan

DCP: Development Contribution Plan

DCPO: Development Contribution Plan Overlay

DDO1: Design and Development Overlay

DPCD: Department of Planning & Community Development

DNRE: Department of Natural Resources & Environment

DSE: Department of Sustainability and the Environment

EMO: Erosion Management Plan Overlay

EPBC Act: Environment Protection and Biodiversity Conservation Act 1999

ESO: Environmental Significance Overlay

ESO3: Environmental Significance Overlay 3

FFG Act: Flora and Fauna Guarantee Act 1988

LPPF: Local Planning Policy Framework

MSS: Municipal Strategic Statement

NVMF: Native Vegetation Management Framework

PCRZ: Public Conservation and Resource Zone

RCZ: Rural Conservation Zone

RUZ: Rural Zone

WMO: Wildfire Management Overlay


R a t i o C o n s u l t a n t s P t y L t d 1

1 EXECUT IVE SUMMARY

The Bences Road Local Structure Plan outlines a framework for the future

development of the Bences Road plateau, which balances historical development

precedents with the need to protect and enhance the significant environmental

values and viewlines into the area. The analysis undertaken in preparation of the

Local Structure Plan, and the principles set out in the Recommendations Section

provide a basis for more effective, equitable and consistent decisions to be made for

the development of the area. The Local Structure Plan provides a guide for the

preparation and assessment of development applications, and intends to encourage

a more coordinated approach to the development of the plateau to optimise

environmental values and development potential.

The Bences Road plateau encompasses an area of approximately 650 hectares,

north-east of the Bacchus Marsh Township. Featuring prominent ridgelines that

provide a strong character to the township, the area also has significant

environmental values: bound by the Lerderderg River escarpment to the east and the

Long Forest Nature Conservation Reserve to the west. The Reserve is recognised

as an area of State environmental significance, as the only natrually occuring Mallee

in south of the Great Dividing Range. Home to several protected, endangered and

rare species, the Reserve and adjoining land must be carefully managed to maintain

its unique conservation value.

The development of the Bences Road area has an extensive planning history, which

commenced in the 1980s where the area was identified in the Shire of Bacchus

Marsh’s Rural Residential Strategy. Consequently, the Bences Road, Bacchus

Marsh Outline Development Plan was prepared by Chris Dance Land Design and

Contour Consultants (1990). During the development of a growth strategy for

Moorabool in 2004, the Bences Road plateau was identified as requiring more

detailed planning to determine its future development potential. Throughout the long

history of the precinct, the special environmental significance of the plateau has

consistently been recognised. Concurrently, a general expectation has emerged that

some of the Bences Road area will be developed for low density, environmentally

sensitive residential uses.

In line with the historical consideration of the area, the current Moorabool Planning

Scheme gives a broad direction to the development of the plateau, providing for a low

density residential form that has regard to the precinct’s environmental sensitivity.

The overarching need for the Bences Road Local Structure Plan (2007) is therefore

to balance these two potentially competing uses, by providing a framework that

facilitates a level of development at the plateau, while protecting and enhancing the

environmental attributes of the area. Historical precedents, and the relevant Statutory

Authorities, require that any residential development must be connected to a

reticulated sewerage system and a potable water supply. Infrastructure capacity

issues and the feasibility of upgrading infrastructure, limit the development potential

of the plateau, given the limited lot yield required to ensure a low-density rural

residential form.


2 R a t i o C o n s u l t a n t s P t y L t d

The Moorabool Planning Scheme Schedule 1 to the Design and Development

Overlay refers to the Bences Road, Bacchus Marsh Outline Development Plan

(1990). The Schedule outlines a number of design objectives for the development of

the Bences Road area, and the plan provides some support for the current planning

scheme provisions at Bences Road. However, no incorporated plan exists and the

Outline Development Plan pre-dates current Victorian Planning Provisions and

environmental management requirements. In order to give firm direction, guidance

and certainty to the development of the Bences Road plateau, the Local Structure

Plan (2007) outlines a structure for the establishment of a future residential

community, which might establish in the area.

Environmental and view line buffers have been developed to ensure adequate

protection of the Long Forest Nature Conservation Reserve and the views from the

Bacchus Marsh valley, which are an integral part of the rural character of the area

and the community’s values, sense of place and identity. These buffers define the

area of land on the Bences Road plateau that can be subdivided without adverse

impacts on the adjoining uses, activities, amenity and character of the area.

The developable land available in the Bences Road area has the potential to yield

approximately 384 lots under the planning scheme requirement of a one hectare

average lot size. The current sewer capacity limits the development potential of the

plateau to 450 lots. The ultimate development capacity of the precinct could be up to

580 lots, however the ultimate development yield can only be resolved by a feasibilty

study for the duplication of the sewer, and more detailed development planning to

determine lot configuration and layout for heavily constrained parcels around the

edges of the escarpment and adjacent to the Long Forest Nature Conservation

Reserve.

The Local Structure Plan (2007) should provide a broad-land use framework for the

development of the plateau. A number of significant issues regarding the feasibility of

the future development of the plateau have been identified in this study. In order to

prepare a plan that can deliver a coordinated, cost-effective, profitable outcome for

landowners, achieve the desired environmental outcomes and ensure a staged,

integrated approach to infrastructure provision, significant further strategic work must

be undertaken.

In summary, it is the finding of this report that while guidance can be provided about

the principles for development planning and a future land-use framework for the

Bences Road area, a more detailed development plan must be prepared to resolve

the future form of development of the plateau.

A whole-of-precinct process to develop the plateau is likely to produce a more

equitable outcome for landowners, and a more timely and integrated approach

delivery of infrastructure. The whole-of-precinct approach will also enable a

Development Contributions Plan to be prepared, ensuring the costs of infrastructure

are shared equitably between the beneficiaries of the development of the plateau.

Further work could either be undertaken by consultants on behalf of the applicants, or

by Council if a funding agreement is drawn up with developer.



2 INTRODUCTION

The Bences Road area is located approximately four kilometres north east of

Bacchus Marsh Township, encompassing a 650 hectare site that overlooks the

Bacchus Marsh Valley. The Long Forest Nature Conservation Reserve defines the

eastern boundary, with the Bacchus Marsh Gisborne Road and Lerderderg River

escarpment to the west. The study area extends to the Diggers Rest Road to the

north, and the Bacchus Marsh Valley escarpment to the south (refer Figure 1).

The Bences Road plateau is predominantly zoned Environmental Rural Zone,

emphasising the environmental sensitively of the area. The areas of highest

biodiversity values are location to the east of the study area, along the edge of the

Long Forest Nature Conservation Reserve. The Reserve is recognised as an area of

environmental significance noted for a unique vegetation community, known as the

Melton Mallee, which is protected under State legislation. Several threatened and

endangered vegetation communities extend west of the Reserve into the area

covered by Bences Road Local Structure Plan (2007).

2.1 BACKGROUND

Moorabool Shire Council is currently reviewing its Municipal Strategic Statement

(MSS) and Local Planning Policy Framework (LPPF). As part of the review, a growth

strategy was prepared for Bacchus Marsh and a number of research studies on key

elements of planning policy in Moorabool Shire were commissioned, including the

Bences Road study.

The MSS currently provides for the Bences Road precinct to be developed to a low

density residential form. In line with this, the Bacchus Marsh Residential Growth

Strategy (Ratio Consultants 2004), did not identify the Bences Road precinct as a

location for significant future urban growth. Instead, the Strategy identified the

plateau as a future a low density residential precinct, designed to be sensitive to the

area’s environmental significance and landscape values. The Strategy also

emphasised the need for more detailed planning of the precinct, to ensure

development occurs in line with the strategic directions of the MSS.

A number of planning permit applications have recently been submitted for

subdivisions in the precinct. The Responsible Authority has found it difficult to assess

these applications, as the current Planning Scheme framework provides insufficient

guidance for the consideration of the issues arising from these applications, including

infrastructure provision, an equitable approach to lot yield and density in addition to

open space contributions and treatment of environmentally sensitive areas. A more

detailed strategic planning framework is required to overcome the current ineffective

and costly situation where planning issues may have to be resolved through the

Victorian Civil and Administrative Tribunal on a case by case basis, and enable

equitable, consistent decisions to be made.



The area is considered to be significant in terms of strategic planning for the Ballarat

Corridor Sustainable Growth Strategy, currently being undertaken by the Department

of Sustainability and Environment (DSE) in conjunction with councils in the corridor,

including Moorabool. The analysis undertaken in the preparation of the Strategy has

emphasised the importance of managing growth between Ballarat and Melbourne. In

particular, the need to maintain the ‘urban breaks’ and rural character between

Bacchus Marsh and the edge of metropolitan Melbourne has been emphasised.

Within the framework of existing policy, the purpose of this Local Structure Plan is to

analyse the existing site and development context of the Bences Road precinct and

prepare a structure plan and principles to guide the future subdivision of the area,

while ensuring its significant environmental values and landscape features are

maintained.

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3 PLANNING & POLICY CONTEXT

State and Local Policy set the context for the strategic planning of the Bences Road

plateau, by providing a series of directions and objectives that outline an overarching

framework for the Local Structure Plan (2007). The existing planning controls also

provide outline issues of significance affecting the Bences Road area and outline

general management actions to protect the area’s natural features and values,

guiding the future development of the study area.

3.1 STATE PLANNING POLICY FRAMEWORK

State Policy outlines a number of principles for the development of new low-density

residential areas and for the management of environmentally sensitive sites, which

must be considered in the preparation of the Bences Road Local Structure Plan

(2007).

3.1.1 Clause 14: Settlement

The State Planning Policy Clause 14 (DSE 2006c) seeks to ensure orderly

development of new urban areas, and ensure sufficient land supply for a wide range

of uses. The following principles are relevant to the planning of the plateau:

Planning of new developments should take into account the limits of “land

capability and natural hazards, environmental quality and the costs of providing

infrastructure”;

Planning Authorities should facilitate the orderly development of new areas

through structure planning, taking into account the strategic and physical

context and ensure sustainable, integrated developments are delivered, that

can be efficiently serviced by infrastructure;

“Planning Authorities should facilitate the preparation of a hierarchy of plans

appropriate for the development of the area”; and

“Environmentally sensitive areas, with significant environmental value … should

be protected from development which would diminish their environmental

conservation or recreation values”.

3.1.2 Clause 15: Environment

The objective of Clause 15 (DSE 2007b) is to ensure the environment is protected

and enhanced through new development, providing for:

“Retention of natural drainage corridors with vegetated buffer zones at least 30

metres wide along waterways to maintain the natural drainage function, stream

habitat and wildlife corridors and landscape values, to minimise erosion of

stream banks and verges to reduce polluted surface runoff from adjacent land

uses” (Clause 15.01);



Management of fire hazards in “wildfire risk environments to avoid intensifying

the risk through inappropriately located or designed uses or

developments’”(Clause 15.07);

“Protection and conservation of biodiversity, including native vegetation

retention and provision of habitats for native plants and animals, and control of

pest plants and animals” (Clause 15.09);

Protection and enhancement of conservation values of national parks and

conservation reserves;

Conservation of habitats of threatened and endangered species and

communities identified in International, National and State conventions,

legislation and policy;

Minimisation of fragmentation and removal of native vegetation through careful

siting of new buildings and works;

Use of property vegetation plans and voluntary conservation agreements

(between landowners and the Department of Sustainability and Environment) to

protect waterways and prevent soil degradation;

“Land use and development adjoining regional open space networks, national

parks and conservation reserve complements the open space in terms of visual

and noise impacts, treatment of waste water to reduce turbidity or pollution and

preservation of vegetation” (Clause 15.10); and

Places of natural or cultural value should be conserved and protected from

inappropriate development, including “Places of botanical, zoological or other

scientific importance, including national parks and conservation reserves and

the habitats of rare or endangered plants and animals” (Clause 15.11).

3.1.3 Clause 16: Housing

Clause 16 (DSE 2006e) outlines principles for the development of new residential

areas and refers to Ministerial Direction 6 in relation to Rural Residential

Development.

“Land should only be zoned for rural living or rural residential development where it:

Is located close to existing towns and urban centres, but not in areas that will be

required for fully serviced urban development.

Can be supplied with electricity and water and good quality road access.

Land should not be zoned for rural living or rural residential development if it will

encroach on high quality productive agricultural land or adversely impact on

waterways or other natural resources” (Clause 16.03).



3.1.4 Ministerial Direction Number 6

In 1992, Ministerial Direction 6 was introduced into Section 12 of the Planning &

Environment Act (1987). The Direction seeks to ensure sustainable rural residential

development, by managing ”the provision of sustainable rural residential

development so that it supports sustainable housing and settlements and does not

compromise Victoria’s agricultural, natural, environmental, landscape and

infrastructure resources” (DSE 2006h).

This Direction applies to planning scheme amendments that rezone land to the Low

Density Residential Zone, Rural Living Zone or Green Wedge A Zone. It also applies

where an Amendment is proposed to “introduce a lot size less than 8 hectares to the

schedule of the Farming Zone, Rural Activity Zone, Green Wedge Zone, Green

Wedge A Zone, Rural Conservation Zone, Rural Zone or Environmental Rural Zone

that provides for rural residential development”.

A number of specific requirements are outlined for the preparation of such planning

scheme amendments, including that the explanatory report must demonstrate the

following:

Consistency with the housing needs and settlement strategy of the area;

Support for the development of sustainable and viable settlements and

communities;

Development does not comprise the sustainable future use of existing natural

resources, including productive agricultural land, water, mineral and energy

resources;

Protection of existing visual and environmental qualities of the area, including

landscape, water quality, native vegetation, habitat and biodiversity;

Avoidance of predictable adverse environmental processes and effects, such as

flooding, erosion, landslip, salinity or wildfire; and

Capacity to be efficiently serviced by social and physical infrastructure, at an

acceptable and sustainable community cost.

3.1.5 Rural Residential Development Guidelines – Planning Practice

Note

The Planning Practice Note on Rural Residential Development (DSE 2006a)

implements Ministerial Direction 6. It emphasises the important role of low-density

residential development in providing a legitimate alternative lifestyle choice and

increasing housing diversity.

The Practice Note sets out a number of criteria for the development of new rural

residential areas, provided that the local environment and landscape has “the

capacity to absorb this more intensive use and development without significant or

irreversible harm to its values or to the new use and development” (DSE 2006a,

Page 1).



In line with this principle, “demand for costly or inefficient community services or

infrastructure should not be generated” (DSE 2006a, Page 1) by new rural residential

development.

In the consideration of the development of new rural residential areas, the Practice

Note requires that the following broad questions are answered in sequence:

Strategy: Does rural residential development fit into the overall strategic

planning of the municipality?

Housing need: How much rural residential development is required to provide

appropriate housing diversity and choice to meet housing needs?

Location: Where should new rural residential development take place?

Subdivision and design: Is the new rural residential development subdivided

and designed in an attractive setting, offering high amenity and efficient

infrastructure?

(DSE 2006a: Page 2)

While it is acknowledged that “final detailed subdivision and design matters can

[generally] be considered as part of the permit application process … the responsible

authority must be satisfied the strategic considerations and land capability matters

outlined in this practice note have been met when assessing a permit application for

the creation of additional rural residential allotments”.

(DSE 2006a: Page 3)

As part of amendment processes to facilitate the development of new rural residential

areas, the following plans may be required to fulfil the requirements of Direction 6:

A Native Vegetation Precinct Plan (under the Native Vegetation Management

Framework – refer Section 3.1.7), including minimisation of the potential for loss

or degradation of significant species and provision for offsets for significant

vegetation that may be lost by development;

A Land Management Plan, to protect and mitigate the impact of development on

the environment and natural resources, including addressing fire, waterway,

erosion and animal management issues; and

A Land Capability Assessment, including an analysis of the potential of the site

to support development, including capacity to be serviced by a reticulated

sewerage system, water supply, road structure, drainage system, other service

infrastructure.

“Where the land can easily be connected to existing infrastructure and services,

it may be suitable for development at standard urban densities.

The cost of providing the services to the land must be at the developer’s cost”

(DSE 2006a: Page 8).



Source: Rural Residential Development Guidelines, Planning Practice Note, DSE 2006a: Page 12

An amendment proposal for a rural residential development must address all the

considerations required under Minister’s Direction No. 6 and be supported by the

following information:

1. A site and context description.

2. A report explaining:

the proposal;

how the proposal supports the strategic framework;

how the proposal meets housing needs and the housing objectives of the

area;

why the proposed location is suitable for rural residential development.

This should include an assessment, where appropriate, of:

how the proposal is supported by existing urban development;

the land’s capability for agricultural use and how the proposal will

impact the long term continuation of agriculture in the area;

the locality’s natural resources and the measures that may be taken

to protect those resources;

the locality’s environmental features and biodiversity and how these

could be protected and enhanced;

the locality’s landscape and heritage values and how these could be

protected;

the proposal’s social and physical infrastructure requirements and

the community cost of providing these services;

the proposal’s compatibility or impact on the surrounding land uses;

and

the land’s servicing capability.

3. A summary of relevant agency comments and any other comments from peak

groups or known affected persons.

A planning application for subdivision for rural residential development must be

supported by:

1. A site and context description.

2. A development plan responding to the site and context description and showing

details of the proposal. This should show and provide a description of how the

proposal has been designed to avoid or minimise any adverse impacts on the

environment (including native vegetation, natural physical features, fire or flood

hazards and landscape character, where appropriate).



3.1.6 Applying the Rural Zones – Planning Practice Note

The Rural Zones Planning Practice Note was release in March 2007 to provide

guidance in the application of the range of rural zones to manage agricultural uses,

residential and commercial development in non-urban areas. The Practice Note

acknowledges that rural areas are of state significance, encompassing substantial

natural resources and industries such as tourism, farming, and plantation timber

production.

New zones were introduced into the Victorian Planning Provisions in 2004, as part of

Amendment VC24 to the State Planning Policy Framework. The changes in the

zoning provisions resulted from the Rural Zones Review, a process coordinated by

the Department of Sustainability and Environment (refer Section 3.4.5).

The new zoning provisions introduced for rural areas were:

Farming Zone – a new zone, principally applied to areas where agriculture is the

dominant land use. The new provisions encourage a shift towards more

sustainable agricultural practices and require permits for uses that may have

environmental effects or adversely impact on surrounding land uses.

Rural Activity Zone – a new zone designed to encourage complementary

commercial, tourism or retail uses in areas where agriculture is the dominant

use. Enables other uses to establish where they are compatible with the

agricultural environmental and landscape qualities of the area.

Rural Living Zone – predominantly applied to areas used for low-density, rural

residential living. Revised to clarify the purpose of the zone and prohibit a range

of commercial uses. The revised zone provisions provide greater guidance to

the use of discretion in the consideration of non-residential land use proposals,

including agriculture, to ensure the amenity of the residential areas is not

compromised.

Rural Conservation Zone – designed to ensure the natural features and

environmental values of an area are protected and enhanced, this zone ensures

the biodiversity, cultural, historic, landscape and vegetation values of an area is

maintained. Some development and agricultural uses are allowed for in the

zoning provisions, however these uses must not compromise the conservation

value of the precinct.

The Rural Conservation Zone replaced the Environmental Rural Zone (DSE

2007a), which covers the Bences Road Local Structure Plan precinct (refer

Section 3.3).

3.1.7 Victoria’s Native Vegetation Management: A Framework for

Action

The Native Vegetation Management Framework sets out a plan to protect, enhance

and revegetate native flora on both public and private land. The Framework sets out

principles and goals for the management of land and development, varying according

to conservation value, land tenure and the most effective management mechanism to

achieve an overall ‘net gain’.



The Framework sets out a vision for the management of native vegetation that seeks

to achieve a more sustainable landscape and biodiversity outcomes in the use,

development and management of land. Historically, the clearing of vegetation for

urban development and agricultural purposes has impacted upon land productivity,

water quality, landscape quality and overall function of ecosystems in catchment

areas.

In order to address this, the Native Vegetation Management Framework seeks to

achieve a “reversal, across the entire landscape, of the long-term decline in the

extent and quality of native vegetation, leading to a Net Gain” (DNRE 2002: Page

14).

The following principles underpin the Native Vegetation Management Framework:

Retention and management of remnant native vegetation is the primary way to

conserve the natural biodiversity across the landscape,

The conservation of native vegetation and the habitat in a landscape is

dependent on the maintenance of catchment processes,

The cost of vegetation management should be equitably shred according to

benefits accrued by the landholder, community and the region, and

A landscape approach to planning native vegetation management is required.

Goals for native vegetation management will be based on bioregions, or sub-

units, within the Catchment Management Authority region. Priorities for

vegetation management should be specific for each bioregion and catchment.

(DNRE 2002: Page 5)

Of particular relevance to the Bences Road precinct, the Framework states that

“large natural areas of remnant vegetation are of fundamental importance for nature

conservation and are irreplaceable. All other things being equal, large remnants are

inherently more valuable than small patches that total the same area” (DNRE, 2002:

Page 13).

The conservation value of remnant vegetation is dependent not only on the degree of

fragmentation of the vegetation community, but the location of the remnants, their

condition, links to other patches of the same flora, and scale of the remnant patches.

In assessing the extent and quality of native vegetation, the Framework emphasises

the importance of a “”whole of landscape perspective”, encompassing all tenures”

(DNRE 2002: Page 15). At a regional or catchment-wide level it is important to

consider the rarity of the vegetation and land tenure – which influences the ability to

manage or protect the vegetation community. At a local level, it is critical that the

location of the vegetation is carefully considered, to minimise the impact of land use

and development on the native flora (and therefore catchment, land productivity and

landscape quality).

The Framework emphasises that “native vegetation management strategies must be

integrated with land protection and resource use, including productive agriculture, for

both long-term success and for ensuring that land and water protection outcomes are

achieved” (DNRE 2002: Page 13).



The Net Gain principle provides a guide for balancing development and land use

outcomes with the need to protect and enhance the conservation value of native

vegetation. The three principal components of Net Gain are:

1. A reduction in losses in the extent of existing native vegetation,

2. A reduction in losses in the quality of existing native vegetation due to

threatening processes, and

3. The achievement of gains in extent and quality of native vegetation through its

rehabilitation and revegetation with indigenous species for biodiversity

conservation and land and water resource outcomes.

(DNRE 2002: Page 18)

The Net Gain approach sets out a number of principles to manage ‘trade offs’

between land use and development and native vegetation conservation, including:

Avoidance of clearing and further permanent losses of existing native

vegetation,

Recognition that extent and quality of native vegetation can be recovered

through active replacement planting and revegetation programs – increasing the

net positive effect on the extent and quality of native vegetation,

Provision of a quantifiable measure for assessing native vegetation quality and

managing impacts to ensure a ‘net gain’ is achieved,

At an implementation level, where losses are permitted or incurred as a result of

development or land use, these should be offset by commensurate gains,

At a regional level, the catchment’s native vegetation assets should be

assessed, to measure the relative importance of individual sites, allowing for the

evaluation of the incremental losses and emerging issues,

Enabling the assessment of development proposals, and

Providing an equitable, performance-based framework within which

recommendations about land use, development and native vegetation

management can be made, to ensure ecologically sustainable development

outcomes.

(DNRE 2002: Page 18)

The provisions of the Native Vegetation Management Framework may therefore

have a significant bearing on the distribution, layout and form of future residential

development on the Bences Road plateau, in order to protect and enhance existing

native vegetation.



3.1.8 Summary

The State Policy Provisions must be addressed at a whole-of-precinct level in order

to effectively address:

the existing strategic and development context;

infrastructure provision issues;

form, distribution and density of development; and

environmental assessment and management plans (including native vegetation

management).

A whole-of-precinct approach will optimise the potential to protect and enhance the

area’s natural features and values through further development of the plateau,

ensuring the amenity of the future residential area is optimised. Concurrently, a more

equitable lot yield distribution can be achieved, enabling a fairer apportionment of

infrastructure provision costs and providing for a more coordinated and integrated

approach to the development of the plateau.

Consistent with the provisions of Clause 14 for a hierarchy of plans to be developed

for the study area, the Bences Road Local Structure Plan (2007) should provide a

framework within the scope of existing policy for more detailed individual subdivision

applications to be assessed against. It is to be noted, however, that more detailed

plans may be required, at a whole-of-precinct level, for sub-precincts or for individual

development sites in order to resolve the issues examined in the Local Structure Plan

(2007).

3.2 LOCAL PLANNING POLICY FRAMEWORK

Local Planning Policy sets out the strategic directions for managing development and

land use in Moorabool Shire as a whole, implementing the overarching provisions of

the State Planning Policy Framework at a local level. The Municipal Strategic

Statement outlines the overall vision and objectives for development in the

municipality, while Local Planning Policies provide a specific guide for the

development of defined precincts and uses (including Bences Road).

3.2.1 Clause 21: Municipal Strategic Statement

The Moorabool Municipal Strategic Statement sets out the overarching vision for the

development of the municipality, according a number of themes that include

Settlement Pattern, Quality of Lifestyle and Environment and Resources. Under the

existing provisions, there are a number of principles that the Bences Road Local

Structure Plan (2007) must address.



Underpinning Strategic Elements

The Strategic Framework set out in the Municipal Strategic Statement (Moorabool

Shire Council, 2006c) is underpinned by the need to recognise and plan for three

principal qualities:

The natural and cultural assets of the Shire, including natural resources,

environments and cultural heritage, and their implications for the social and

economic wellbeing of the community;

The values and assets of the townships and settlements, including provision of

a range of living choices and ensuring the amenity, quality, function,

convenience and vitality of townships is enhanced, while protecting rural

landscapes and lifestyle qualities; and

The opportunities to build a stronger and more economically vibrant Shire,

strengthening the productivity and diversity of the local economy and

employment base.

In planning for the development of the Bences Road area, the need to enhance and

protect the Shire’s natural and cultural assets and values of the township and

communities are of particular importance. In particular, the following strategic

principles apply:

“Plan new development so as to retain rural environmental qualities, landscapes

and attractive townships (the features that have attracted new residents).

Continue to improve sound land management practices, water quality and

vegetation retention to ensure a sustainable approach to the Shire’s land and

water assets. Support community based initiatives that assist with this.”

(Moorabool Shire Council, 2006c: Page 2)

A Diversity of Lifestyle and Housing Choices

Moorabool offers a wide range of lifestyle choices, including larger urban centres,

rural living, historic townships and settlements. The Shire offers a ‘country’ lifestyle in

a high quality landscape setting (refer Photograph 1) with several significant parks

and forests.

The Shire has a strong rural character, which combined with its accessibility to

Melbourne and Ballarat has made the area an attractive residential choice. Recent

population growth has placed significant pressure on residential land supply, the

natural environment, road, service and community infrastructure (Moorabool Shire

Council, 2006a). The relatively limited rates base to fund infrastructure improvements

and expansion has exacerbated pressures on the Shire’s resources, requiring the

planning of new areas to better provide for funding of capital works.



PHOTOGRAPH 1: POSSUMTAIL RUN, SUNNYSTONES SUBDIVISION: VIEW TO EAST

Overall ‘Country Feel’ & Rural Character

In order to maintain the Bacchus Marsh township’s rural character (refer Photographs

2 & 3), the Municipal Strategic Statement emphasises the importance of ensuring the

rural buffer between the Melbourne metropolitan fringe, Lake Merrimu and Bacchus

Marsh is retained.

Demand for rural residential lifestyles has historically been quite high in the Shire,

however the Municipal Strategic Statement recognises that the supply of land for this

type of development needs to be carefully managed to ensure it is focussed on the

edge of urban centres to ensure good access to services, and located to minimise

impacts on the environment and natural resources (Moorabool Shire Council, 2006b).



PHOTOGRAPH 2: RURAL LANDSCAPE OF THE BENCES ROAD PLATEAU

PHOTOGRAPH 3: VIEWS ACROSS THE BENCES ROAD PLATEAU

The “…protection of the exceptional qualities of the Shire’s rural landscapes and

physical environment, are seen as major elements in ensuring the retention of the

rural character” (Moorabool Shire Council 2006d: Page 2). In order to retain this

character, it is critical that where places of environmental and landscape significance

are planned to be developed, provisions are put in place to ensure development

occurs at an appropriate scale, density and form, so these qualities are not

compromised (refer Photographs 4 & 5).



PHOTOGRAPH 4: POSSUMTAIL RUN, SUNNY STONES ESTATE

View of Long Forest Nature Conservation Reserve to North-East

PHOTOGRAPH 5: EXISTING DWELLING, BENCES ROAD PLATEAU

Specific objectives for strategic planning, land use and development are set out in

Clause 21.10, including to:

“Protect important landscape features, views and built heritage.

Protect aboriginal sites, places and objects.

Implement the findings and recommendations of the Bacchus Marsh area

heritage study.



Promote diversity of lifestyle opportunities within the Shire.

Maintain the sense of personal safety and security within the community.

Foster a strong sense of community identity throughout the Shire.”

(Moorabool Shire Council, 2006e: Page 1)

Particular strategies to achieve these objectives are to apply local policy and relevant

overlays to ensure water catchments, significant landscapes and the Shire’s

recreation and nature conservation values are maintained.

Landscape & Environmental Significance

The Shire has many areas of environmental and landscape significance, creating a

strong character and sense of place that is highly valued by the community. The area

encompasses a wide range of landscape settings, including vast volcanic plains,

forests at the foot of the Great Dividing Range, river valleys and creeks and the

historically significant orchards, plantations and avenues reminiscent of early

settlement – including the Bacchus Marsh Avenue of Honour (refer Photograph 6).

PHOTOGRAPH 6: BACCHUS MARSH AVENUE OF HONOUR

Several parts of Moorabool contain significant environmental areas, including flora

and fauna assets, which are critical to the area’s character, underpinning the

community’s sense of identity, place and culture. These include the Lerderderg River,

which is recognised as a Heritage River under the Heritage River Act 1992, and the

Long Forest Nature Conservation Reserve, a State Reserve located east of the study

area, which is also home to several species of National biodiversity significance.



The Municipal Strategic Statement emphasises that “Forests are renowned for the

scenic and landscape character. Residential expansion at the edge of forests has led

to loss of native vegetation, increased fire risk, drainage problems, habitat loss,

destruction of habitat links, and erosion and weed problems. The Shire has extensive

areas of roadside vegetation which have been recognised and protected” (Moorabool

Shire Council, 2006a: Page 5) (refer Photograph 7).

PHOTOGRAPH 7: REVEGETATION SITE

Location : Western Edge of Bences Road Study Area, along Diggers Rest Road

Moorabool has a significant role in the Port Phillip and Corangamite regional

catchments, and covers an area that feeds into a number of regionally-significant

water reservoirs, including the Merrimu Reservoir (refer Photographs 8 & 9). The

Municipal Strategic Statement recognises that “the management of land use and

development to ensure the quality of the water in these storages is a critical

consideration for planning decisions” (Moorabool Shire Council, 2006a: Page 6).

These strategic directions are of particular importance in relation to Bences Road, as

the Long Forest Nature Conservation Reserve to the east of the study area

encompasses the Coimadai Creek Valley. Several creeks from the Bences Road

area feed into the Pyrites Creek, which runs through the heart of the reserve into the

Melton Reservoir.



PHOTOGRAPH 8: MERRIMU RESERVOIR

PHOTOGRAPH 9: MERRIMU RESERVOIR

“The Moorabool Shire is [also] acknowledged as an area of environmental and

conservation significance. The preservation and enhancement of the natural

environment is fundamental to the quality of life, and our attractiveness as a

residential and tourist destination. Development in rural areas must not cause

significant detriment to the rural environment or landscape” (Moorabool Shire

Council, 2007: Page 1).



Several specific objectives are set out for planning, land use and development

including to:

“Protect the landscape and scenic qualities of forested hillslopes, rural

landscape and bushland setting of the Shire’s towns.

Maintain, enhance and protect the biodiversity and habitat significance of native

vegetation.

Conserve and protect water catchment areas by discouraging uses and

activities within catchment areas that have the potential to reduce water quality.

Preserve high quality landscapes by not supporting development on hilltops and

ridgelines.

Maintain the open rural landscape between the Shire’s eastern boundary and

Bacchus Marsh as a visual buffer to metropolitan Melbourne.

Recognise competing pressures in natural areas such as measures to reduce

fire risk versus conservation of the natural environment, and protection of

vegetation versus the development of bushland living environments.

Retention of and revegetation with native species and prevention of topsoil

disturbance.

Encourage and facilitate the eradication of pest plants and environmental

weeds throughout the Shire.

Retain and enhance the environmental and landscape features of forest

residential areas by the application of density and vegetation controls and high

quality siting and design standards for all building and works.

Protect existing vegetation cover in all native vegetation and ensure any loss of

vegetation that results from urban development is replaced elsewhere on the

site.

Ensure that the natural drainage functions are retained, in the development of

land for residential purposes.

Ensure that new dams in the Rural Zones consider landscape, environmental

and land degradation issues.

Encourage the retention and protection of natural features such as trees and

watercourses on both public and private land”.

(Moorabool Shire Council, 2007a: Page 2)

Specific statutory strategies for achieving these objectives are also set out in the

Municipal Strategic Statement, including:

Use of the Significant Landscape Overlay, to protect Scenic Hilltops and

Ridgelines, in particular prominent ridgelines, elevated areas, steep slopes and

densely vegetated areas;



Application of the Rural Conservation Zone to cover defined areas between

Diggers Rest-Coimadai Road and the Western Freeway and between the

western boundary of the Rural Living Zone along Bences Road and the

Djerriwarrh Creek;

Development of local policies to manage catchments, revegetate rural areas,

apply fire prevention measure and retain landscape character and vegetation;

Development of a local policy for the Rural Conservation Zone, that includes

specific criteria for buildings and works, subdivision and land use;

Requirements for permits for large dams, and development of a local policy to

guide siting, design and manage construction;

Application of a Wildfire Management overlay, according to the requirements of

the Country Fire Authority;

Inclusion of the Regional Catchment Management Strategies for Corangamite,

Port Phillip and Western Port as reference documents to the Planning Scheme;

and

Use of the Design and Development Overlay to encourage use of non-reflective

building materials, to protect the scenic landscape quality of the Shire.

(Moorabool Shire Council, 2007a)

These specific directions, already set out in the Municipal Strategic Statement, will

frame the set of statutory management tools proposed to implement the Bences

Road Local Structure Plan (2007).

Managing Future Residential Growth

Clause 21.03 reinforces the importance of carefully managing future growth, stating

that “There are physical and servicing limits to growth in a number of communities.

Growth needs to be managed to protect environmental, landscape and lifestyle

qualities, and the role that large areas play as water catchments for urban centres in

and outside the Shire” (Moorabool Shire Council, 2006b: Page 1).

Managing urban growth is a major issue for Moorabool Shire. As set out in Clause

21.07, planning must identify new growth areas, and outline staging and density

requirements.

“Consideration must be given to infrastructure capacities, land capability, protection

of landscape and environmental features, and maintaining the urban form and

character of settlements. Planning must recognise that there is a wide range of

physical and environmental constraints to urban growth particularly in relation to

resource management and environmental values. Planning will need to establish the

upper limit in terms of population size for various communities…”

(Moorabool Shire Council, 2006d: Page 1)

Clause 21.07 of the Municipal Strategic Statement relates to ‘Managing Urban

Growth and Development’, which sets out several objectives are relevant to the

Bences Road Local Structure Plan (2007), including to:



“recognise and promote Moorabool as a place to live based on its attractive

rural features, a network of country towns and settlements able to support

various lifestyles and residential living environments, and the easy access to

Melbourne, Ballarat and Geelong;

ensure that new urban and residential development contributes to and

reinforces the country town scale and feel of each town and the Shire as a

whole;

ensure that new urban and residential development does not compromise or

lessen the environmental values and qualities of the Shire including water

quality particularly within proclaimed catchments…;”

“to encourage a continuing improvement in the quality of new residential

development”

(Moorabool Shire Council, 2006d: Page 2)

A number of strategic planning, land use and development objectives are also

outlined for the Strategy, including to:

“Establish an urban growth strategy for Bacchus Marsh that reflects the capacity

of existing infrastructure, promotes efficient urban forms, does not diminish the

character of the Shire’s rural areas and urban centres, and protects important

environmental, conservation and recreation values.”

“Provide certainty for landowners, communities, investors and service agencies

about the location and direction of future development areas in the Shire’s

towns.”

“Ensure all new development is designed and located to minimise the risk to life

and property from wildfire.”

“Encourage energy efficient subdivisions and residential buildings.”

“Ensure new growth areas and subdivisions comply with the fire safety criteria

and the advice of the Country Fire Authority.”

“Ensure the planning, density and design of new residential development is

within the environmental and infrastructure constraints and preserves the

distinctive character of the Shire’s various communities and individual towns

and settlements.”

“Preserve and enhance the existing character and form of townships and

villages.”

“Provide and locate open space areas and recreation facilities in relation to

other major land uses and ensure they are designed to be safe and easily

maintained.”

“Develop integrated networks of paths and walkways along watercourses.”

(Moorabool Shire Council, 2006d: Page 3-4)



Summary

The Municipal Strategic Statement emphasises the importance of carefully managing

the development of significant landscape and environmental areas in Moorabool. The

Bences Road area has significant landscape value and its rural character contributes

to a strong sense of place and community. The study area’s proximity to the Long

Forest Nature Conservation Reserve, and catchment flows into the Melton Reservoir,

require that the development of Bences Road must be sensitive to the environmental

significance of the area.

A range of statutory mechanisms to implement the objectives and directions of the

Municipal Strategic Statement have previously been identified. In line with the historic

consideration of planning and development of areas of environmental and landscape

significance, the application of a number of Planning Scheme Overlays and revision

of the Bences Road Local Planning Policy (Clause 22.08) should be further

examined as part of the Statutory implementation of the Bences Road Local

Structure Plan (2007).

3.2.2 Clause 22: Local Planning Policies

The Local Planning Policies of the Moorabool Planning Scheme are of particular

relevance to the Bences Road are: Clause 22.05 Landscape and 22.08 Bences

Road.

The Landscape policy applies to applications for buildings and works on land in the

rural zones, including the Rural Conservation Zone, which applies to the Bences

Road area (refer Section 3.3). The policy sets out a clear position in relation to the

siting and design of new developments, which states that:

“New buildings and works be designed and constructed to blend in with the

surrounding landscape and vegetation.

Reflective materials such as zinc alloy coated products should not be used as

exterior finishes of new buildings, including roofs.

New buildings and works be sited and designed to minimise the need for soil

excavation and disturbance.

New buildings be sited and designed to avoid protruding above prominent

ridgelines and hill tops.

New buildings and works be sited and designed to avoid disturbance of slopes

of greater than 20%.

Buildings of significant bulk, scale and size not be located in significant

landscapes or visually prominent areas.

New buildings and works be sited and designed to avoid disturbance of native

vegetation.

Replanting of indigenous native vegetation to assist to screen the development

will be encouraged.



Access roads and driveways be of all weather standard and should traverse

slopes to minimise visual intrusion on the landscape and the likelihood of soil

erosion.

Applications for buildings and works be accompanied by a report that explains

how the proposal has been sited and designed in response to the objectives

and performance criteria of this policy and responds in the design to the

topography, landscape significance and character of the surrounds.”

(Moorabool Shire Council, 2007b: Page 1)

A specific policy applies to Bences Road (Moorabool Shire Council 2006f), that

recognises “The Bences Road area is a significant environment both from potential

effects on the Long Forest conservation area and the ridgeline viewed from the

Bacchus Marsh valley” (Moorabool Shire Council, 2006f: Page 1).

The objectives of the policy emphasise the environmental imperatives of

discouraging development which might have an adverse impact on the Long Forest

Nature Conservation Reserve, and also infrastructure requirements for reticulated

sewerage for all lots and low impact construction of utilities and roads. Additionally,

the policy seeks to:

protect the visual and aesthetic values of the escarpment;

minimise intrusion into the landscape, and

encourage high quality rural residential development and an attractive living

environment.

The policy imposes the following requirements on the construction of dwellings and

associated buildings:

“The lot is 0.75 hectares or greater;

All dwellings must be connected to a reticulated sewerage system;

All dwellings must be connected to a potable water supply;

An all weather vehicular access shall be provided from government roads and

private streets;

The dwelling and ancillary buildings do not exceed 5.4 metres in height;

External wall and roof cladding shall be of a non-reflective material;

Dwellings and ancillary buildings shall be located within a defined building

envelope specified for the lot, as shown on the plan forming part of the land

subdivision permit;

Dwellings and ancillary buildings must only be erected on a lot forming part of a

subdivision which is covered by an approved Local Development Plan; and,

A permit is required to construct a building, construct or carry out works and to

construct a fence.”

(Moorabool Shire Council, 2006f: Pages 1-2)



Applications for subdivision are required to be accompanied by the following

information:

“A report stating how the proposed subdivision achieves the longer-term

objective of maintaining the Bences Road precinct as a high quality, attractive

living environment.

A report stating how the proposed subdivision responds to:

the objectives of this policy;

decision guidelines of the zone;

the strategic direction identified within the Municipal Strategic statement for

the Bences Road area;

relevant local policies identified within Section 22 of the Moorabool

Planning Scheme;

the boundaries and dimensions of the existing site, proposed roads,

proposed subdivision and lots within the subdivision;

the location of any buildings on adjoining land;

whether the proposed development adversely affects skyline and

landscape values;

whether the proposed development maintains the rural residential

ambience of Bences Road;

the effect of the proposed development on the amenity of surrounding

properties; and

the impact of the proposed development on the Long Forest Road

Precinct.

Each lot must be at least 0.75 hectares in area, with the average lot size of the

subdivision to be a minimum of 1 hectare. Lots in excess of 2.25 hectares must

be excluded from average lot size calculations.”

(Moorabool Shire Council, 2006f: Page 2)

The existing local policy is underpinned by the historic strategic planning for the

Bences Road area, including the Bences Road, Bacchus Marsh Outline

Development Plan (1990) (refer Section 3.2.1).

In line with the recommendations of the Bences Road Local Structure Plan (2007), it

is likely that the provisions of this Clause will need to be expanded or revised as part

of a planning scheme amendment process.



3.3 EXISTING PLANNING PROVISIONS

The study area for the Bences Road Local Structure Plan (2007) area is principally

zoned Rural Conservation Zone (RCZ), which covers the land that is under

investigation for future subdivision and development.

Immediately to the east of the study area is the Long Forest Nature Conservation

Reserve, which is zoned Public Conservation and Resource Zone (PCRZ). The

PCRZ encompasses the Coimadai (Pyrites) Creek valley, and also extends into the

study area to partially cover several privately-owned land parcels along the eastern

edge of the precinct.

The area to the south of the study area is zoned Farming Zone, covering valuable

agricultural land. To the west is a Special Use Zone that encompasses the sand

quarry, while to the north of the study area is a Public Use Zone which covers the

Merrimu reservoir and surrounding forest (refer Figure 2).

3.3.1 Rural Conservation Zone

The Rural Conservation Zone (RCZ) is a relatively new zone, implemented in the

Victorian Planning Provisions as an outcome of the Department of Sustainability and

Environment’s Rural Zones Review (2004).

The purpose of the zone is to:

“To implement the State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local

planning policies.

To conserve the values specified in the schedule to this zone.

To protect and enhance the natural environment and natural processes for their

historic, archaeological and scientific interest, landscape, faunal habitat and

cultural values.

To protect and enhance natural resources and the biodiversity of the area.

To encourage development and use of land which is consistent with sustainable

land management and land capability practices, and which takes into account

the conservation values and environmental sensitivity of the locality.

To provide for agricultural use consistent with the conservation of environmental

and landscape values of the area.

To conserve and enhance the cultural significance and character of open rural

and scenic non urban landscapes.”

(DSE, 2006b: Page 2)

Specific provisions apply to land that is proposed to be used for residential purposes,

including that:

“Access to the dwelling must be provided via an all-weather road with

dimensions adequate to accommodate emergency vehicles.



The dwelling must be connected to a reticulated sewerage system or if not

available, the waste water must be treated and retained on-site in accordance

with the State Environment Protection Policy (Waters of Victoria) under the

Environment Protection Act 1970.

The dwelling must be connected to a reticulated potable water supply or have

an alternative potable water supply with adequate storage for domestic use as

well as for fire fighting purposes.

The dwelling must be connected to reticulated energy supply or have an

alternative energy source”.


Furthermore, for land that is proposed to be subdivided, the zoning provisions require

that:

Each lot must be at least the area specified for the land in a schedule to this

zone. If no area is specified, each lot must be at least 40 hectares.

A permit may be granted to create smaller lots if any of the following apply:

The subdivision is the re-subdivision of existing lots, the number of lots is

not increased, and the number of dwellings that the land could be used for

does not increase. An agreement under Section 173 of the Act must be

entered into with the owner of each lot created which ensures that the land

may not be further subdivided so as to increase the number of lots. The

agreement must be registered on title. The requirement to enter into an

agreement only applies to a lot which could be further subdivided in

accordance with this scheme.

The subdivision is by a public authority or utility service provider to create a

lot for a utility installation.


A number of issues to be considered in the assessment of development and

subdivision applications are also set out in the strategy, which the responsible

authority may consider in relation to individual permits. These encompass rural,

environmental, siting and design issues, including water catchment impacts, native

vegetation management, viewline and sightline impacts, and road provision.

Schedule to the Rural Conservation Zone

The schedule to Clause 35.06 of the Moorabool Planning Scheme specifies an

Environmental Outcome, which is as follows:

“To protect land of environmental significance, and

To ensure that the location, siting and design of any development does not

adversely impact upon sensitive environments nearby.”




The minimum subdivision parcel size is stated in the Schedule, specifying a minimum

land area of 0.75 hectares, with an average lot size of 1 hectare or larger. The

schedule also specifies that lots greater than 2.25 hectares must be excluded from

the average lot size calculation, in order to ensure a low-density rural-living style

character is retained on the plateau.

3.3.2 Public Conservation & Resource Zone

The PCRZ affects both publicly owned Crown Reserves and private land generally

abutting the western side of Coimadai Creek. The Department of Sustainability and

Environment (DSE) has been active in acquiring additional land for the conservation

reserve through negotiated development outcomes.

Whilst the Bences Road, Bacchus Marsh Outline Development Plan (1990) referred

to in the Planning Scheme provides some guidance for the development of the

Bences Road precinct, no incorporated plan exists. The Planning Scheme does not

contain detailed provisions for the development of a structure for the future residential

community. Currently there is little clarity to the ways in which impacts on remnant

vegetation and water catchments could be minimised, or how development may

enhance the environmental outcomes for the area, including addressing potential

development impacts on the PCRZ and PUZ areas.

In order to address these issues, and provide greater clarity for the assessment of

development applications, the Local Structure Plan (2007) was commissioned by the

Moorabool Shire Council to provide a framework for the environmentally sensitive

development of the area.

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SHIRE COUNCIL

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ZONES

PLANNING SCHEME

ZONES

0 200 1000m


STUDY AREA

ENVIRONMENTAL RURAL ZONE

PUBLIC LAND

FARMING ZONE

PUBLIC CONSERVATION &

RESOURCE ZONE

RURAL CONSERVATION ZONE

CADASTRE

PUBLIC USE ZONE - SERVICE & UTILITY

ROAD ZONE 1 - CATEGORY 1

SPECIAL USE ZONE - SCHEDULE 2

Figure 2Figure 2


Moorabool Planning Scheme - Local ProvisionMap No 31 Printed 9/7/2007 Amendment C50Map No 38 Printed 9/7/2007 Amendment C50

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3.3.3 Overlays & Environmental Management Provisions

In addition to these zones, a Design and Development Overlay (DDO1), Wildfire

Management Overlay (WMO) and Environmental Significance Overlay (ESO) affect

part of the area. The planning scheme overlays affecting the study area are

illustrated in Figure 3.

Design & Development Overlay

The DDO1 largely reflects the need to reconcile development potential with the

environmental protection and enhancement imperatives outlined in the Municipal

Strategic Statement and Local Planning Policies.

The Schedule to DDO1 also refers to the Bences Road, Bacchus Marsh Outline

Development Plan (BRBM-ODP) (Chris Dance Land Design & Contour Consultants,

1990), and sets out several design objectives, including:

“To encourage development which protects the visual and aesthetic values of

the skyline when viewed from the Bacchus Marsh Valley.

To encourage development which protects the views from lots in the Bences

Road Precinct.

To encourage development which minimises visual impacts and intrusions on

the landscape.

To encourage development which provides for and maintains a rural residential

character and ambience.

To ensure that environmental impacts are minimised through the use of low

impact construction methods for roads and drains and other utility services.

To discourage development which is inconsistent with maintaining a high quality

and attractive living environment.

To discourage development which could have an adverse affect on the

adjoining Long Forest area.

To encourage development that is in accordance with the “Bences Road,

Bacchus Marsh Outline Development Plan” prepared by Chris Dance Land

Design Pty Ltd and Contour Constructions Pty Ltd.””

(Shire of Moorabool, 2000: Page 1)

The following decision guidelines are set out in the Design & Development Overlay

for the development and subdivision of land:

The State Planning Policy Framework, the Local Planning Policy framework

including the Municipal Strategic Statement and any local planning policies.

Whether the proposed subdivision will enhance Bences Road as an area of a

high quality and attractive living environment.

Whether the proposed development adversely affects skyline and landscape

values.



Whether the proposed development maintains the rural residential ambience of

Bences Road.

The effect of the proposed development on the amenity of surrounding

properties.

The impact of the proposed development on the Long Forest Road Precinct.

(Shire of Moorabool, 2000: Page 2)

Wildfire Management Overlay

The Wildfire Management Overlay identifies areas where the intensity of wildfire is

significant and likely to pose a threat to life and property. The overlay also aims to

ensure that development which is likely to increase the number of people in the area:

satisfies the specified fire protection objectives;

does not significantly increase the threat to life and surrounding property from

wildfire.

The following objectives and outcomes are sought in areas affected by the Wildfire

Management Overlay:

“To ensure that water is available to landholders and emergency services to

enable life and property to be defended from wildfire.

To ensure that safe access is provided for emergency and other vehicles at all

times.

To ensure that the design and siting of buildings and works improves protection

for life and minimises the level of fire impact.

To ensure that fuel (ground fuel and shrubs) is managed to reduce potential fire

intensity in the vicinity of buildings.”

(Moorabool Shire Council, 2006h: Pages 2-3)

In relation to subdivision, the following objectives are sought:

To ensure that the level of protection from fire in terms of the level of fire risk

and potential loss of life is reduced by the design, siting and layout of the

subdivision.

To ensure that both public and private access is designed to provide safe

access for emergency and other vehicles at all times.

To ensure adequate quantities of water are available to landholders or

emergency services to enable life and property to be defended from fire.

To provide a fuel managed buffer between a potential or existing fire hazard and

subdivision.

To ensure that the subdivision is designed to recognise the effect of vegetation

on the level of fire intensity.”

(Moorabool Shire Council, 2006h: Pages 3-5)



Environmental Significance Overlay

An Environmental Significance Overlay (ESO) is in place for the Long Forest Nature

Conservation Reserve and adjoining forested freehold land, largely reflecting the

extent of the area zoned PCRZ to the east.

The ESO sets out specific permit requirements for subdivision, capital works and

building, fencing, vegetation removal, destruction or lopping.

Schedule 3 to the Environmental Significance Overlay applies specifically to Long

Forest Nature Conservation Reserve and the Werribee Gorge, stating that:

“The Long Forest area is of high natural, scientific and scenic value and comprises

important forest, grassland and riparian ecosystems, which represent valuable

habitat for native flora and fauna. While much of the area is protected within the

scattered blocks of the Long Forest Flora Reserve, valuable habitat remains on

private land between and surrounding the Reserve, and on other public land

including roadsides, streamside reserves and on land managed for water supply”.

The Overlay seeks to achieve the following objectives:

“To protect the environmental and scientific significance of the vegetation.

To protect the habitat significance of the vegetation.

To protect the areas high landscape values and scenic views.

To protect significant threatened species of flora and fauna from adverse

management practices that may result in their extinction.

To conserve native vegetation communities in their natural condition, and

maintain genetic diversity.

To provide protection and enhance the long-term survival prospects for

significant vegetation communities and species.

To improve the water quality of the waterways and increase and protect their

significance.

To minimise the erosion risk due to shallow soils and rocky outcrops.

To provide for the retention, restoration and revegetation of local native species.

To protect the natural, aesthetic and scientific values of geological features. To

minimise impacts from visitors on sensitive geological features.”

(Moorabool Shire Council, 2006g: Pages 1-2)

THEAVENUE

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MOORABOOL

SHIRE COUNCIL

MOORABOOL

SHIRE COUNCIL

PLANNING SCHEME

OVERLAYS

PLANNING SCHEME

OVERLAYS

0 200 1000m


Figure 3Figure 3

Project : 6187 October 2007Moorabool Planning Scheme - Local ProvisionMap No 31VPO Printed 8/6/2007 Amendment C10

Moorabool Planning Scheme - Local ProvisionMap No 31WMO Printed 12/6/2007Map No 38WMO Printed 12/6/2007

Moorabool Planning Scheme - Local ProvisionMap No 31ESO Printed 12/6/2007Map No 38ESO Printed 12/6/2007

Moorabool Planning Scheme - Local ProvisionMap No 31SLO Printed 12/6/2007Map No 38SLO Printed 12/6/2007

Moorabool Planning Scheme - Local ProvisionMap No 31DDOO Printed 12/6/2007 Amendment C3 PT1Map No 38DDOO Printed 12/6/2007 Amendment C28

Moorabool Planning Scheme - Local ProvisionMap No 31HO Printed 12/6/2007Map No 38HO Printed 12/6/2007

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STUDY AREA

SIGNIFICANT LANDSCAPE OVERLAY

HERITAGE OVERLAYENVIRONMENTAL

SIGNIFICANCE OVERLAY



3.4 STRATEGIC PLANNING BACKGROUND

3.4.1 Bences Road Outline Development Plan

The BRBM-ODP was completed by Chris Dance Land Design and Contour

Consultants for the Shire of Bacchus Marsh in 1990. The BRBM-ODP was based on

a detailed physical site analysis methodology including landform, vegetation,

landscape character and geography. The plan provided for the subdivision of the

plateau to create 350 to 450 lots, and a total future population of 1,200 to 1,500

residents.

The study found that large areas of the plateau were capable of supporting rural

residential development, in particular, the areas that were further away from the

escarpment and Long Forest Nature Conservation Reserve. The plan recommended

limiting the lot size to a minimum of 1 hectare. A number of potential subdivision

layout potions were examined for the implementation of the Development Plan, a

common effluent treatment disposal system and recommended reticulated water

supply should be developed to service the areas.

The BRBM-ODP plan identified buffers along main roads and provided open space

corridors, which traversed the plateau from the escarpment to the Long Forest Nature

Conservation Reserve. The concept divided the area into a number of ‘cells’ each

with a prescribed minimum lot size for each cell, ranging from one to two hectares.

The plan also suggested the realignment of the intersection of Buckleys and Bences

Roads, by moving it further west, which required a realignment of Bences Road.

The BRBM-ODP was incorporated into the Shire of Bacchus Marsh Planning

Scheme in 1996, following the gazettal of Amendment L41.

3.4.2 Independent Panel Review of the Moorabool Planning Scheme

(1999)

As a result of the local government amalgamations in 1994, the old Shire of Bacchus

Marsh became part of the Shire of Moorabool. Soon afterwards, the process to

introduce the new format planning schemes commenced. A uniform set of zoning

controls were implemented across Victoria and the Victorian Planning Provisions

introduced to provide an overarching framework to guide local policy. The new

Moorabool Planning Scheme was reviewed by an independent Panel in March 1999,

as part of the implementation process. Council’s intention was to incorporate the

existing BRBM-ODP into the new format Moorabool Planning Scheme. The Panel,

however, found that the BRBM-ODP was unsuitable for inclusion as an incorporated

document because it failed to “stand alone with any clarity and did not provide good

guidance for the development of the area.”

The Panel found that:

the area of land is in the order of 130 to 140 hectares;

potential for approximately 400 lots;

the area will be developed as a rural residential enclave;

the intent of the BRBM-ODP needed to be articulated more clearly;



a clearer concept plan was needed; and

It would be preferable to include criteria for use, development and subdivision in

a local policy.

(Gibson, Stokans & Kay, 1999)

The Panel commented that the way the Bences Road area has been dealt with was

an example of the way detailed knowledge of an area of significance and the reasons

for controls and policies can be lost due to the passage of time, changes in staff and

Councils. The Panel accepted that the Long Forest Nature Conservation Reserve

was an area of significance and that appropriate strategies should be identified to

protect its environmental value. The Panel also observed that a considerable amount

of the remnant vegetation remained in private ownership, in the eastern part of the

Benches Road Precinct (Gibson, Stokans & Kay, 1999).

The Panel recognised that the intent of the Council in proposing a number of controls

for the Bences Road area was to emphasise and protect the significance of the area.

The application of the ERZ was recommended as the most appropriate statutory

control for the area and the subdivision minimum set by the BRBM-ODP was

endorsed. The Panel also expressed concern that the establishment of some uses

the Bences Road area may impact on the Long Forest Nature Conservation Reserve

vegetation including planting of olive trees and timber plantations that may invade the

Long Forest Nature Conservation Reserve, and impact upon the quality and

sustainability of the Melton Mallee vegetation community (Gibson, Stokans & Kay,

1999).

The area identified by the Panel (140 hectares) is significantly smaller than the area

identified in Clause 22.08 and the BRBM-ODP (650 hectares), less than 25% of the

study area for the Bences Road Local Structure Plan (2007). The Panel also

observed that provision could be made for 400 dwellings. Assuming 15% of the land

is required for roads and open space, 140 hectares of developable land would

produce average lot size of just less than 3,000m², well below the minimum

recommended lot size of 7,500m² that was endorsed by the Panel. Using

Geographical Information Systems data supplied by the Moorabool Shire Council,

the size of the defined study area and the area depicted in the BRBM-ODP have

been reaffirmed as part of the study, as approximately 650 hectares.

3.4.3 Bacchus Marsh Residential Growth Strategy

A whole of township review was completed for Bacchus Marsh in 2004 to provide

guide for future residential growth in and around the town. Bences Road plateau was

identified as a potential site for the development of a satellite town, a proposal widely

opposed by Council due to the perceived impacts on the landscape and environment.

The Bences Road area was subsequently removed from the framework of

conventional residential development sites.



In the last ten years there has been significant growth in the development of low-

density residential areas in Bacchus Marsh. In particular, development has

concentrated to the south east of Bacchus Marsh Township at Hopetoun Park and to

the north of the township on the outskirts of Darley. In addition to Bences Road, these

three sites are recognised in the final Bacchus Marsh Residential Growth Strategy

(Ratio Consultants 2004) as the preferred location for growth in rural-living style

developments.

The relative amenity of the Bences Road area, however, is not comparable to Darley

or Hopetoun Park. The plateau has a sparser distribution of existing vegetation

across the future residential area, and experiences strong winds which sweep across

the plateau. Nonetheless, the area has a strong, nostalgic natural character, with

high-quality landscape views that are provided by the Long Forest Nature

Conservation Reserve, Macedon Ranges and hills of the Bacchus Marsh Valley. Two

subdivisions have commenced, which seek to optimise these features: the Silverstein

subdivision in the south east corner of the study area, and Sunnystones Country

Estate on the eastern edge of the Long Forest Nature Conservation Reserve.

The Bacchus Marsh Residential Development Strategy (Ratio Consultants 2004)

acknowledged that it was difficult to project the demand for rural residential housing,

which has contributed a small percentage to the overall housing growth of Bacchus

Marsh. While the Strategy recognised that the Silverstein subdivision had received

favourable demand at that point in time, few of the lots have been developed or are

developing at the time of the finalisation of the Bences Road Local Structure Plan

(2007). Land zoned for this style of subdivision was estimated to provide up to 1,083

lots to satisfy demand in the short to medium term (refer Table 1 below). Bences

Road (Area AE) and the existing Silverstein subdivision (in the southern part of the

Local Structure Plan (2007) study area) are expected to provide over 60 percent

(Ratio Consultants, 2004) of future low density development within the municipality.



TABLE 1: VACANT LAND WITHIN RURAL RESIDENTIAL/ENVIRONMENTAL LIVING & LOW

DENSITY RESIDENTIAL ZONES

Area

Reference

Code

Number of Lots

as per Approved

Plans of

Subdivision

Approximate

Site Area of

Vacant Land

(Ha)

Estimated

Dwelling Yield

(2000m²

average)

Estimated

Dwelling Yield

(Rural Res)

7,500m²- 1 ha

Lots

AC 3.9 16

AD 58.8 249

AE 565.5 542

AF 132

AG 144

Total 276 265 542

Total future dwelling yield of all low density, lifestyle living precincts: 1,083

Source: Bacchus Marsh Residential Growth Strategy (Ratio Consultants 2004).

Notes:

Area AE Calculations exclude existing road reserves

Area AE Dwelling yield assumes 20% of lots with an average 1.5 ha and the balance with an average of 0.75 ha

An allowance of 20% has been assumed to cover road construction and some localised pockets of Open Space

3.4.4 Ballarat Corridor Sustainable Growth Strategy

The Ballarat Corridor Sustainable Growth Strategy has been underway since mid

2004, when the Ballarat Region Action Plan was released. The report reviewed the

current strategic issues an initiatives relating to land use, infrastructure, water and

natural resource management. The study area encompasses a wide region,

stretching from Moorabool in the east, at the edge of the Melbourne Metropolitan

area to Northern Grampians in the west.

The purpose of the study is to manage the future growth of the corridor, in particular

from Ballarat to Melbourne, as well as address rural land use planning, transport

energy and communication infrastructure, water management, natural resource and

heritage management and planning capacity.

A significant issue examined during the preparation of the Ballarat Region Action

Plan Report: A Strategic Review (DSE 2004b) is the growth pressures on towns

within the Melbourne to Ballarat corridor. In particular, the growth pressures on

Bacchus Marsh are acknowledged as similar to many other growth areas in

Melbourne, with infrastructure capacity, funding and staging issues, in addition to

substantial pressure on land supply and release.

In particular, the review emphasises the need to protect “non-urban land from

inappropriate rural residential living. Rural residential growth is also occurring on land

outside of existing settlement, beyond services such as sewerage reticulation. There

can be adverse impacts on water catchments, environmentally sensitive areas and

heritage areas from inappropriately located residential living” (DSE 2004b: Page 50).



3.4.5 Rural Zones Review

The Final Report on the New Format Planning Schemes (April 1999) was released

following the implementation of the Victorian Planning Provisions, and examined a

number of issues regarding the management of development, in particular,

subdivision. “The Victorian Planning Provisions (VPP) control the density of

development and consequently the land used in rural zones through the specification

of minimum lot sizes” (DSE 2003: Page 2).

In the review of Rural Zones, it was recognised that in many cases, the Rural Zone

was applied to a wide range of uses, applying to land used for farming, urban fringe

areas and residential lots on the edge of townships. Often, this has created

significant pressure for incremental subdivision on the edges of townships and urban

areas, caused land use conflicts between farming and rural residential areas.

Inappropriate and fragmented subdivision has adversely impacted upon the

agricultural, landscape, environment and community values of in rural areas.

The Rural Zone review emphasised the importance of developing a wider range of

statutory provisions that would offer specific, contextually-appropriate guidelines for

land use and development. “Critics have also commented on the inability of the

current rural zones to achieve complex environmental and social outcomes” (DSE

2003: Page 8). While the “Environmental Rural Zone (ERZ) contains more

prohibitions … [than the Rural Zone, it] still allows consideration of commercial and

tourism uses” (DSE 2003: Page 8).

“The planning system is traditionally reactive to land use trends and … [change]

should be managed by incentives in the planning system and not by the stick

approach to change management. The incentives-based approach aligns well with

the opportunity to seek environmental gains from the other part of the land not

required for production” (DSE 2003: Page 8) or development. “In terms of land

subdivision or development, this can be managed by a variety of tools such as the

use of section 173 agreements, conservation covenants, voluntary schemes, and

management agreements and easements with compensation” (DSE 2003: Page 8).

The Rural Zones review emphasised the need for a more performance-based

approach to the assessment of subdivisions, and directed that “reference to minimum

subdivision would be better expressed as a maximum density requirement” (DSE

2003: Page 12). It is also recognised that schedules to the zone are “often very

confusing with minimum and maximum areas unrelated to land capability and

viability” (DSE 2003: Page 9). Therefore, where minimum lot sizes, or maximum

densities are to be specified in a local policy or schedule to the zone, it is critical that

the lot size requirements are based on land capability. Reliance on a “…performance-

based approach may not be robust enough in all circumstances”. The Rural Zones

Review Reference Group also acknowledged that the more prescriptive approach of

a specific minimum lot size “should remain so long as the minimum lot size relates to

land capability as originally intended in the VPP Manual. Land capability is much

more than soil type and land classifications and should at least include an

assessment of the natural resources, existing settlement patterns, environmental

features, access to water and access to other infrastructure” (2004: Page 6).



As a result of the review, a new suite of zones were created, with more specific

provisions tailored for use in different land use contexts. The Farming Zone replaced

the Rural Zone, recognising Agriculture as the dominant land use in rural Victoria.

The Rural Activity Zone provides flexibility for agriculture to co-exist with other uses,

the Rural Living Zone was developed as the main zone for rural residential living

areas, and the Rural Conservation Zone was created, replacing the Environmental

Rural Zone (DSE 2004c).

Although the new zones were introduced into the Victorian Planning Provisions in

June 2004, the zoning of land affected by the changed provisions was not amended

as part of VC24 (DSE 2004c).

Instead, the amended zones were applied as part of separate local planning scheme

amendments. In the case of Bences Road, the area was rezoned from Environmental

Rural to Rural Conservation Zone as part of Amendment C50, gazetted in August

2007.

3.4.6 Draft Moorabool Rural Strategy Plan Report

Moorabool Shire Council is currently preparing a Rural Strategy Plan for the

municipality, which seeks to establish a sustainable strategy for its rural areas that:

1) “allocates the new suite of rural zones to appropriately reflect current and potential land uses,

2) encourages suitable and sustainable forms of development,

3) retains existing urban areas as centres fro most residential growth,

4) maintains farming as the priority use,

5) protects the environmental qualities of the land, and

6) maximises the effective use of infrastructure.”

(Isis Planning 2007: Page 4)

The strategy defines four agricultural and rural policy areas, based on areas of similar

land capabilities and agricultural potential, transport accessibility, infrastructure

provision, environmental context (including biodiversity issues and catchment

management needs). The Bences Road precinct is located in the Balliang precinct,

which is rich in native flora and fauna, and contains several significant feeder rivers to

the regional catchments of Corangamite and Port Phillip.

Several key issues are noted, including the need to maintain a non-urban separation

between Bacchus Marsh and Melton, in addition to minimising vegetation clearance

to maintain biodiversity and habitat quality, and manage weed invasion.

Concurrently, these measures will ensure that the area’s strong rural character is

maintained.

The draft general objectives for the Shire are:

“To protect areas within proclaimed water catchments form inappropriate development;

To consider the rezoning of areas with established rural living characteristics to a more appropriate zone;



To protect areas of environmental significance including flora and fauna;

To confine urban development to established areas and only provides for urban growth at the periphery where environmental constraints and infrastructure permit;

To encourage innovative forms of agriculture at appropriate locations.”


The specific general objectives for the Balliang policy area are:

“To provide for an established non urban break between Bacchus Marsh and metropolitan Melbourne;

To discourage non agricultural land uses on areas with high landscape value, steep land, areas prone to erosion and servicing constraints;

To protect the Western Freeway corridor from inappropriate development

To protect the remnant vegetation on private land where there are links to state or national parks;

To protect the forest interface where significant remnant vegetation occurs on private land.”


The strategic considerations of the Draft Rural Strategy Plan Report (Isis Planning,

2007) support the need to protect and enhance the environmentally significant

attributes of the Bences Road precinct, and its natural features. It also recommends

the application of a Development Plan Overlay to implement the Bences Road Local

Structure Plan (2007), which is discussed further in Section 8.2.5.

3.4.7 Forest Management Plans – Midland Forest Management Area

The Department of Natural Resources and Environment released the Forest

Management plan for the Midlands region in 1996, to provide an overall strategy for

the management of a network of reserves across an area of over 1.7 million hectares

in central-western Victoria. The majority of publicly owned native forest occurs mostly

in large unconnected blocks straddling or lying near the Great Dividing Range

between Kyneton and Ararat and south of Ballarat, including the Long Forest Nature

Conservation Reserve to the east of the study area.

A number of specific initiatives are outlined to manage the system of parks and

reserves, including adjacent land. The can be broadly classified into the following

themes:

Biodiversity conservation;

Forest production;

Stream and catchment protection;

Forest protection; and



Recreation and cultural heritage;

In particular, the Regional Forest Management Plan for Midlands sets out specific

provisions for the management of threatening processes, to ensure threats to flora,

fauna and the operation of ecosystems are minimised. In particular, the Plan seeks

to:

Create and maintain a habitat tree prescription to minimise loss of significant

specimen. Fragmentation and loss of habitat through clearing, development, fire

and harvesting impacts of habitat quality and biodiversity. The isolation of

habitat areas also increases risk of loss.

Link habitat areas by creating a network of linear reserves between forests and

remnant vegetation patches, enabling refuge during wildfire, maintenance of

gene-flow (by minimising isolation) and ensuring safe passage between

environments.

Ensure effective fire management, by minimising wildfire risk, allowing for fuel-

reduction burning, enabling forest regeneration and controlling invasive species.

The provisions of the Forest Management Plan for Midlands (DNRE 1996) have a

particular bearing on the future development of the Bences Road area, by setting out

a number of environmental protection, wildlife and vegetation management

requirements that shape the principles for the use and development of adjacent land,

including the layout of subdivisions.

3.4.8 Long Forest Nature Conservation Reserve Management Plan

The Long Forest Nature Conservation Reserve “protects a range of vegetation

communities of State botanical significance and a number of flora and fauna species

regarded as threatened in Victoria… In recognition of its outstanding botanical,

landscape, educational and scientific value, the Reserve is listed on the Register of

the National Estate and classified by the National Estate” (Parks Victoria, 2003: Page

iv).

The Management Plan recognises that the Long Forest Nature Conservation

Reserve area “is vulnerable to impacts from growth in rural residential developments

on adjacent lands. Further development and use of adjoining land will increase

impacts on the Reserve. Community awareness of the Reserve and its protection

requirements, and the participation by volunteers and the local community in the

Reserve’s management, will assist in the conservation and protection of the Reserve”

(Parks Victoria, 2003: Page iv).

The Management Plan identifies a vision and strategic directions for the active

management of the Reserve, and adjacent land, which emphasise the need to:

Control of pest plants and animals, in conjunction with adjacent landowners and

local community;

Establish habitat corridors along that link to the Coimadai and Djerriwarrh

Creeks to provide linkages to remnant bushland, nearby parks and reserves to

maximise the Long Forest Nature Conservation Reserve’s habitat value;



Maintain areas and species of natural and cultural value as undisturbed as

possible;

Manage the Reserve in accordance with the provisions of the Flora & Fauna

Guarantee Act;

Revegetate previously cleared areas and extend existing habitat of the Long

Forest Nature Conservation Reserve; and

Investigate the expansion of the Reserve to encompass strategic parcels of land

outside of the existing public land.

A number of issues must be addressed in planning adjacent land, in order to protect

the Long Forest Nature Conservation Reserve’s biodiversity and minimise the

environmental impacts of development. These include:

Management of domestic animals, to minimise threat to fauna and birds that

inhabit the Reserve;

Protection of creeks and streams that feed into the Coimadai Creek, to minimise

impact on water quality and potential for erosion;

Management of adjacent land to minimise impacts on landscape quality,

including weed management and minimisation of waste and refuse dumping;

Minimisation of fire risk through careful planning of ‘breaks’ between

development and the Long Forest Nature Conservation Reserve, including

cleared buffer zones;

Minimisation of visual impacts of new housing developments on the landscape

and scenic value of the Reserve, recognising that “new housing developments

planned for the fringes of the planning area also have the potential to impact on

landscape values, particularly where they are to be located on adjacent

plateaus where they can be easily seen from within the planning area” (Parks

Victoria, 2003: Page 10); and

Management of planting schemes and landscaping of adjacent areas to

minimise the threat of invasive species and weeds.

In particular, the Management Plan emphasises the importance of working with the

Friends of Long Forest Group, the local community and Council in order to deliver the

best possible outcomes in maintaining the integrity and value of the Reserve.

3.4.9 Bacchus Marsh District Trails Master Plan

The Bacchus Marsh District Trails Advisory Committee prepared the Bacchus Marsh

Trails Master Plan for the Shire of Moorabool in 2005. The Master Plan emphasises

the need to carefully plan, extend and improve the network of trails in and around the

township to maximise amenity and ensure there is an integrated system of linked

paths for non-motorised travel.



The purpose of the plan is to ensure:

“the development and integration of community trails in the Bacchus Marsh district in order to promote community capacity, a healthy lifestyle and well being and the discovery of the district’s environmental and historic assets”.

(Shire of Moorabool 2005: Page 11)

It is emphasised that:

“for the next four years a high priority should be given to reducing the fragmented

nature of the trail network in the River and Urban zones. Isolated trail fragments

should be extended to link up with others in the same locality”.

(Shire of Moorabool 2005: Page x)

In order to deliver a strong integrated linear path and trails system, planning of an

open space network and shared path system (along road reserves) in the Bences

Road area considers linkages to sites outside of the study area, to maximise the

amenity and connectivity of the trails network.

3.4.10 Summary

Planning for the development of Bences Road area has occurred since the 1980’s,

and thus a history of precedents has developed, which influence the current planning

and development context.

The special environmental significance of the Long Forest Nature Conservation

Reserve and remnant vegetation on the Bences Road plateau has been recognised

consistently in planning for the area, since it was first considered for development.

Consequently, a general expectation has developed that some of the Bences Road

area will be subdivided for low-density residential uses. Concurrently, a number of

strategically significant environmental studies have been undertaken, reinforcing the

need to carefully manage the Long Forest Nature Conservation Reserve and the

development adjacent lands to optimise environmental conservation and protection

outcomes. In particular, this has implications for the distribution of housing densities

across the plateau, and for the future public open space network required for

amenity, recreation and conservation purposes.

Historically, the trade-off between the need to protect the area’s environmental

significance and the precedent for development was that any residential development

had to be connected to a reticulated sewerage system and potable water supply.

Developments were also required to minimise any potential environmental impacts in

particular, those associated with road construction and drainage.

The BRBM-ODP indicated that the maximum development capacity of the plateau

was 400 to 500 lots on the plateau, with lots sizes ranging from one to two hectares.

The Panel reviewing the new format Moorabool Planning Scheme affirmed that this is

an appropriate level of development for the area. In line with these historic decisions,

it is now expected that the plateau will be subdivided to create at least 400 lots.



4 ENVIRONMENTAL OPPORTUNIT IES AND

CONSTRAINTS

In recognition of the environmental sensitivity of the Bences Road area and the

significance of species in the adjoining areas, Golder Associates (2004) were

engaged to asses the environmental constraints of the area and potential

opportunities for improved environmental management and development. As part of

this assessment, Brett Lane & Associates (2004) undertook a flora and fauna

analysis of the area. The environmental opportunities and constraints outlined in this

section, largely draws upon the executive summary of that report.

The report presents an evaluation of the opportunities and constraints affecting the

development of the plateau, including an assessment of the existing conditions and

potential impacts arising from a change in land use as a result of residential

development in the area. The assessment does not include consideration of waste

water management and water authority requirements state that the any development

must be connect to a reticulated sewerage, in addition to a potable water supply. As

a result, disposal of waste water via septic systems was not considered in this

environmental analysis.

A number of potential environmental issues may arise from residential development

of the plateau, including edge effects and impacts on habitat and quality of significant

species in the Long Forest Nature Conservation Reserve to the east, site specific

issues and impacts, ad the stability of the escarpment along the plateau’s western

and southern boundaries.

Potential impacts include:

increased stormwater runoff causing erosion in existing gullies and drainage

lines;

disturbance of soil in sensitive areas, leading to erosion of plateau and

escarpment features;

disturbance of native vegetation within the study area;

disturbance of native fauna habitat (if any) in the study area;

infestation of Long Forest Nature Conservation Reserve by noxious weeds and

potentially invasive species from the study area; and

impacts of domestic or feral animals on native fauna and flora within the Long

Forest Nature Conservation Reserve.

As noted earlier, reticulated sewage is planned for the area.

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NO DEVELOPMENT AREAS

LONG FOREST BUFFER

(RESTRICTED DEVELOPMENT

&LAND USE)

STREAM BUFFER (20m)

POTENTIAL HABITAT ISSUES

ROAD BUFFER (20m)

STUDY AREA

OPPORTUNITIES

& CONSTRAINTS

OPPORTUNITIES

& CONSTRAINTS



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4.1 ENVIRONMENTAL CONDITIONS

4.1.1 Land Capability

The main issue of concern with respect to land management is erosion from

stormwater runoff along the escarpment. As a result the assessment of land

capability focussed on assessing soil types and landform in the area, their condition

susceptibility to erosion and a classification of their erosion risk.

The study area contains two dominant soil types, red-brown gradational clays and

yellow duplex sandy-clay soils. An area with poor drainage exists near Buckleys

Road, which may be associated with a small occurrence of black clay.

The basalt plateau largely comprises red-brown and grey non-plastic, cracking clay

soils. The soils were found to be shallow and stony, and are typically susceptible to

sheet erosion, compaction and nutrient decline. Closer to the slopes of the

escarpment, these soils may also be susceptible to rill erosion from concentrated

overland water flows.

The escarpment comprises a mix of tertiary aged unconsolidated sands and clay as

well as Ordovician aged sandstone and slates. Generally, the yellow sandy clay,

duplex soils are associated with both these geology types. These soils are dispersive

and susceptible to landslip, sheet, gully and tunnel erosion (Golder Associates,

2004).

The susceptibility of the two main soil types to erosion, combined with slope and

length of slope were used to classify the erosion risk across the study area adjacent

areas. Clear management guidelines have been developed for each erosion risk

category, as outlined in Section 3.2.

4.1.2 Flora and Fauna

Brett Lane & Associates (2004) undertook an assessment of the flora and fauna

within the study area. The assessment identified the following significant species

within the study area, and adjacent Long Forest Natural Conservation Reserve:

native grassland areas of varying quality across the plateau. The native

grasslands cover an area of the precinct, greater than 10% that would require

further evaluation as part of the development process under the State’s Native

Vegetation Management Framework (NVMF) policy (Department of Natural

Resources & Environment, 2002).

the presence of the Spiny Rice-Flower and other flora and fauna species listed

under the Commonwealth’s Environment Protection and Biodiversity

Conservation Act 1999 (EPBC Act);

the presence of several species listed under the State’s Flora and Fauna

Guarantee Act 1988 (FFG Act)



Habitat Value

The Long Forest Nature Conservation Reserve to the east of the study area contains

intact habitat that is representative of three Ecological Vegetation Classes listed

under the FFG Act. These are Grassy Woodland (endangered), Escarpment

Shrubland (endangered) and Rocky Chenopod Woodland (vulnerable).

A mix of secondary native grassland and exotic pasture habitats were identified in the

study area which have been classifies into three major sub categories:

open grasslands of moderate habitat value;

shrubby grasslands of low quality habitat value; and

low stone wall fence lines of low quality habitat value.

Cultivated paddocks, man made dams and exotic gardens were also considered of

low habitat value, however it is recognised that this landscaping is considered to

significantly enhance the amenity of the plateau.

Bird Species

A number of threatened bird species were identified in the study area or that the

habitats supporting species were presented in the area. The Plains Wanderer, listed

as vulnerable under the EPBC Act. This species may be present may be present in

the study area, as suitable open grassland habitat was identified. Other species

identified which may be transient through the area include the Spotted Harrier (low

risk, near threatened species in Victoria), the Black Falcon (listed as vulnerable in

Victoria) and the Diamond Firetail (listed as vulnerable in Victoria). Banded Lapwings

and Zebra Finches have also been recorded in the study area, represents the

southern-most presence of these species.

A number of threatened or endangered species were also identified in the Long

Forest Nature Conservation Reserve. The Reserve provides a habitat for two

endangered species, four vulnerable species and six species listed as “lowest risk

near threatened”. Brett Lane & Associates (2004) concluded that development within

the study area has the potential to impact upon these species by degrading habitat

quality through stormwater runoff, erosion and invasion of weeds and other exotic

species. Predation by feral animals and domestic pets also poses a significant issue

for the management of the LFNCR and a substantial impact caused by further

development of the Bences Road Plateau.

Mammal Species

Three mammal species listed as vulnerable in Victoria are likely to be present in the

Long Forest Nature Conservation Reserve but unlikely to use the study area on a

regular basis. The Fat-Tailed Dunnart has been recorded to the north of the study

area. The open grasslands and low rock walls within the study area may provide

habitat for this species. The Fat-Tailed Dunnart is listed in Victoria as ‘lowest risk

near threatened’ species.



Reptiles and Frogs

Eight species of reptile may occur in the study area. These species are reported to be

secure in Victoria. No frog species of a threatened or vulnerable status were

considered to be likely to be in the study area.

4.2 RECOMMENDED MANAGEMENT REQUIREMENTS

4.2.1 Land Management

The assessment of land capability established five erosion categories under which

management guidelines should be applied in order to manage potential land

degradation (Golder Associates 2004). A summary of the recommended

management guidelines and actions for land associated with these categories is

listed below.

4.2.2 Gully Management

The existing gullies generally fall within Class 3 or higher Erosion Risk categories.

Stabilisation of the existing gully lines that encroach into the study area should be

established through a mix of re-vegetation using indigenous grass and shrub species

and provision of well-vegetated buffers around each gully. The location of these

buffers is shown as the Class 2 Erosion Risk category, and generally extends 20

metres around each gully.

The Golder Associates report recommended that gullies and buffers should be

excluded from any land disturbance.

4.2.3 Escarpment Management

The report also recommended that buffers (listed as a Class 2 Erosion Risk category

or higher) should be established along the boundary of the escarpment and plateau

and around defined drainage lines that drain over the escarpment or into gullies.

The report states that development giving cause to widespread disturbance of

vegetation cover or soil should not occur in these buffers. Specifically, it

recommended that there be no disturbance of vegetation cover in drainage lines or

buffer areas and that revegetation is encouraged in areas of potential moderate and

high erosion. Roads crossing drainage lines should be established in a manner that

minimises water erosive impacts from disturbed flow and areas fenced along the

contour (refer Golder Associates 2004 for detailed guidelines).



4.2.4 Road Runoff Management

A number of recommendations were made in relation to road runoff management.

These were:

road access established in sub-divided blocks should have regard to avoiding

concentrated runoff entering drainage lines. Access roads and or tracks should

include culverts over drainage lines and cross drains to disperse road runoff.

Cross drains should be established on the following rule of thumb (Golder

Associates, 2004);

cross Drain Spacing (in units of metres) = 300 / % of road grade;

culverts should include rock beaching or armouring on the upstream and

downstream faces of the raised road embankment and inflow and outflow points

of the culvert. Roads should cross drainage lines at right angles;

roads should be kept at least 20 metres from drainage lines in order to provide

vegetated, natural surface buffers for dispersion of runoff from hard / road

surfaces before these flows enter drainage lines.

4.2.5 Building Envelopes and Residential Stormwater Management

Recommendations for building envelopes and stormwater management were:

disturbance of land for building or other activities associated with rural

residential land use that would result in disturbance of soil or vegetation cover

should be restricted to areas of Class 1 Erosion risk. Class 2 Erosion Risk land

should be restricted to passive uses.

a 20 metre buffer should be established around drainage lines (as for roads) in

order to provide for dispersion of runoff from hard surfaces, roof runoff or tank

overflow points. Runoff should be dispersed over vegetated natural surface

before entering drainage lines.

4.2.6 Class 3, 4 and 5 Erosion Risk Areas Management

Overall, a small amount of land under Class 3 Erosion Risk falls within the study

area. Class 4 and 5 land falls outside the boundary of the original study, on the

steeper, escarpment slopes. Activities that will result in disturbance of the soil

surface or vegetation cover in the Class 3 Erosion Risk category should be avoided.

Re-vegetation of these areas was recommended.

Where the steeper escarpment slopes that fall under Class 3, 4 or 5 lie outside the

proposed development area, a buffer of Class 2 Erosion Risk land has been

recommended in order to minimise disturbance and manage water runoff into these

sensitive areas.



4.2.7 Native Vegetation Management

A range of vegetation quality was identified in the study area, including remnant

patches of Plains Grassland of Category One status under the NVMF.

In order to achieve the requirements of the NVMF and the related planning provisions

of the State and Local Planning Policy Frameworks, the following recommendations

were made:

require property owners applying for planning permits for works or sub-division

to undertake a site specific assessment of flora and fauna and demonstrate

compliance with the ‘net gain’ policy for native vegetation through their

development plans; and

give consideration to referring proposals to develop land containing the Spiny

Rice-Flower (i.e. property numbers 382 760 and 382 200) to the

Commonwealth Minister for the Environment under the EPBC Act.

Alternatively, the Moorabool Council may wish to incorporate into the Local

Structure Plan that proponents of a development should make such a referral.

Proponents should give consideration as to how their development can best

avoid significant impact (as defined under the EPBC Act). Proponents should

also address the requirements of the FFG Act in regard to gaining permits to

remove, destroy or otherwise manage impacts to these areas.

4.2.8 Habitat Management

The assessment of habitat values by Brett Lane & Associates (2004) indicated

limited habitat value within the study area itself. Nevertheless, the presence of native

grasslands and the low rock walls has the potential to support some native species or

provide foraging for species expected within the Long Forest Nature Conservation

Reserve and/or transitory bird species.

On the basis of the outcomes from the assessment of habitat values, Brett Lane &

Associates have recommended that site-specific assessments of habitat values be

required to be completed by each proponent of a development or subdivision

application in the study area. In addition to this requirement, it is envisaged that the

proponent should be required to outline how habitat value identified in the area, such

as the native grasslands and rock walls, will be retained.

4.2.9 Edge Effects to Long Forest Nature Conservation Reserve

With respect to the Long Forest Nature Conservation Reserve, the Brett Lane &

Associates (2004) report recommends:

proponents for development or subdivision should be required to identify the

potential for indirect or direct affects on species or habitat values in the adjoining

Long Forest Nature Conservation Reserve and specific mitigation measures.

a buffer zone of 150 metres width along the study area boundary with the Long

Forest Nature Conservation Reserve, in which sub-division densities should be

managed.



the DPO or LSP should control sub-division density and use of the land within

this buffer as follows:

For lots less than, or up to four hectares in size, there should be no grazing

in order to prevent overgrazing, bare soil and consequent erosion and to

prevent hand feeding which can lead to carriage of exotic seeds into native

vegetation areas; and

For lots greater than four hectares in area there should be controlled

grazing.

Other recommendations with respect to boundary impacts are:

stormwater control and prevention of erosion;

limits on the type of domestic pets and their control, e.g. excluding cats from the

development area and dogs on properties east of Bences road could be kept

securely away from the forest; and

garden and other waste disposal should be controlled, with no storage in areas

draining to Long Forest Nature Conservation Reserve and measures should be

introduced to prevent dumping.



5 DEVELOPMENT OPPORTUNIT IES AND

CONSTRAINTS

The current Local Policy (Clause 22.08) dealing with Bences Road identifies two

considerations of significance for the Bences Road area;

the significant environment and in particular the Long Forest Nature

Conservation Reserve; and

the ridgeline, when viewed from the Bacchus Marsh Valley.

These two concerns effectively identify the major constraints to any development and

subdivision on the Bences Road plateau.

5.1 ENVIRONMENTAL CONSTRAINTS

The Bences Road plateau is a relatively flat land surface with isolated pockets of

remnant native grasslands. Given the availability of reticulated sewerage and water,

there are few significant physical constraints to development of the plateau. The

significant constraints to development are either on the edges of the plateau or

adjacent sites, including the Long Forest Nature Conservation Reserve, the steep

slopes of the escarpment and view lines from the Bacchus Marsh Valley floor. Figure

5 illustrates these constraints, which can reasonably be addressed by incorporating

the recommendations of the environmental assessment report (Section 3), which

include:

to encourage the revegetation of gullies and maintaining existing vegetation;

fencing along contours;

a 20 metre buffer from Class 2 erosion risk areas;

limiting all construction to Class 1 erosion risk areas only;

a 20 metre buffer around all roads; and

a 150 metre buffer around the land currently zoned PCRZ (including the Long

Forest Nature Conservation Reserve and freehold land).

The Class 1 erosion risk area and the Long Forest Nature Conservation Reserve

buffer represent environmental constraints where it is recommended that no

development occurs. The remaining land forms the developable area, which is

largely unaffected by environmental constraints (subject to affirmation through site-

specific flora & fauna assessments). The habitat areas identified in the study were

generally considered either of moderate of low habitat quality. Over time, agricultural

practices have disturbed much of the plateau, thus it is likely that any sites of habitat

value will be localised within identified areas and pockets. These will require separate

detailed study and identification, to ensure they are protected and enhanced in the

development of the plateau.



The environmental constraints outlined in this section will influence the pattern of

development on the plateau, and in particular the location of building envelopes, not

necessarily the design of the subdivision. To optimise the lot yield across the plateau,

and concurrently effectively protect environmentally sensitive areas, provision should

be made in the Bences Road Local Structure Plan (2007) for new land parcels to

cover land that is affected by environmental constraints. These new lots must include

sufficient unconstrained land to accommodate buildings and developments and

achieve appropriate setbacks from roads and other properties, ensuring the area’s

rural residential character is maintained.

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EROSION RISK

BUFFERS

HABITATS

CLASS 2 -SLIGHT

(NO DEVELOPMENT)

STREAM BUFFER (20m)

ROAD BUFFER (20m)

LONG FOREST BUFFER (150m)

OPEN GRASSLAND

SHRUBBY GRASSLAND

REMNANT LONG FOREST

VEGETATION

STUDY AREA

Figure 5Figure 5



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5.2 VIEW LINE CONSTRAINTS

The second development constraint the need to protect views to the ridgeline of the

Bences Road area from Bacchus Marsh township, which significantly impacts on the

western edge of the plateau, following the escarpment of the Lerderderg River Valley.

View line constraints can be difficult to quantify. Any development obscured from

view from an observer on the Bacchus Marsh valley floor may be completely visible

to an observer at a higher elevation such as Darley or elsewhere on the foothills of

the Pentland Hills.

A number of factors influence view lines, including:

the location from which the view is taken;

the elevation of this location;

the elevation of the site being viewed; and

the distance from the viewing location to the site being viewed.

View lines will have a significant impact on the siting of developments, in particular

due to the need to minimise the visibility of new dwellings and protect the integrity of

the prominent ridgeline of the escarpment against the sky.

Whilst the planning policy has focused on the valley floor, much of the Bacchus

Marsh township rises above the valley floor, up to the Pentland Hills. Consequently it

would be more appropriate to limit the potential for visual intrusion by:

providing for a reasonable setback from the ridgeline;

limiting the height of any buildings;

limiting the potential number of developments in proximity to the ridgeline;

restricting the external finishes of any development to non-reflective materials

and subdued colours; and

requiring appropriate landscaping.

Sample view lines have been taken 1.6 metres above ground level from the

intersection of Gisborne Road and Bacchus Marsh Road in Bacchus Marsh to the

Bences Road plateau (refer Figure 5). Each view line is taken to a central location on

the contour that defines the ridgeline, starting at the 160 metre contour (position A) in

the south to the 200 metre contour (position E) in the north. The plateau slopes from

north to south an overall fall of over 40 metres in elevation (from the 200 metre

contour to the 160 metre contour). These five positions are typical of the various

potential locations on each of the ten metre contours that make up the top of the

western escarpment of the Bences Road plateau.

These view lines are also shown in a cross section at the bottom of Figure 5. On the

cross section the dot represents the intersection of the view line and the relevant

contour. The first dash is the intersection of the view line with the top of a structure

four metres above ground level (a single storey house) and the second dash

represents the top of a structure seven metres above ground level (a double storey

house).



The relevant position, contour and the required setback for a four metre and a seven

metre structure are set out in Table 2, below. These setbacks from the relevant

contour would ensure that any structure four or seven metres in height, was not

visible to someone whose eye level is 1.6 metres above the intersection of Gisborne

Road and Bacchus Marsh Road. The setbacks required for a four metre structure

range from 18 to 36 metres and from 32 to 45 metres for a seven metre structure.

Figure 6 displays a line that represents the top of the escarpment or ridgeline. The

relevant sections of the 160 metre to 200 metre contours are connected to produce a

single line of vision.

TABLE 2: VIEWLINE SETBACK DISTANCES

Position Contour 4m structure setback (m) 7m structure setback (m)

A 160 20 45

B 170 20 40

C 180 22 38

D 190 18 32

E 200 26 45

The setback required to prevent intrusion of developments on existing view lines of

the escarpment from the Bacchus Marsh valley is therefore a minimum of 45 metres.

A 50 metre buffer is therefore proposed, combined with a maximum 7 metre height

limit, to ensure that all potential view lines are effectively protected. The 50 metre

buffer will serve as a restricted development area, to provide a reasonable amount of

protection from the potential for development to intrude upon the visual amenity and

integrity of the ridgeline.

Notably, while this buffer will ensure the visual amenity and integrity of the view lines

from the intersection of Gisborne and Bacchus Marsh Roads, it will not prevent

development being visible from other locations in the Bacchus March Township.

The application of the 50 metre view line buffer, combined with limitations on the

density of housing, massing of development and restriction of the types of external

materials used on buildings will ensure impacts on the area’s landscape and scenic

features is minimised.

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5.3 POTENTIAL DEVELOPMENT AREA

The environmental and view line constraints, combined with the areas that cover

parts of the escarpment and areas not included in the study area, effectively define

the areas in which no development should occur (refer Figure 7). These constraints

also define the boundaries of the future developable area, where there are no

significant constraints. Some remnant habitat areas exist within this future

development area, which may impact upon the location of building envelopes and will

only be identified by more detailed investigation.

In addition the existing planning controls including Clause 22.08, conditions or

restrictions on land use and development of the plateau are imposed by the

Environmental Rural Zone, Design and Development Overlay, Wildfire Management

Overlay and Environmental Significance Overlay (which affects the remnant Melton

mallee vegetation on the east of the study area).

5.3.1 Constraints of Sewer Capacity on Lot Yield

The total amount of land unaffected by development constraints in Bences Road is

approximately 384 hectares. Of this area 297 hectares is set aside for development

at a minimum lot size of 0.75 hectares. A further 87 hectares is set aside for

development at a 2 hectare minimum lot size. The capacity of the existing sewer

provides for a total of 450 lots to be developed on the plateau. 160 sewered lots

already exist on the plateau, which restricts the total number of additional lots to 290.

The indicative lot size mix, on the basis of the existing sewer capacity, is

approximately 43 lots at a minimum of 2 hectares and 247 lots at a minimum of 0.75

hectares. The likely land use scenario is outlined in Table 3, including a preliminary

estimate of the net developable area.



TABLE 3: DEVELOPABLE LAND

DESCRIPTION AREA OF LAND (ha)

Proportion of Study Area (%)

COMMENT

NO DEVELOPMENT AREA

Public Conservation & Resource Zone

129.2 15.7% Long Forest Nature Conservation Reserve

No development - 2 Ha minimum lot size

146.6 17.9% Area impacted upon by soil erosion and view shed buffers

Rural Zone 54.0 6.6%

Class 2 & 3 Erosion 114.2 13.9% Overlaps other buffers in part

Stream Buffer 48.2 5.9% 20m width. Overlaps PCRZ and Long Forest Nature Conservation Reserve buffer and erosion buffer

Ridge Line and 50 Buffer 50m wide buffer

Collector Road Envelope 10.0 1.0% 20m width. Notional amount & subject to further investigation

Local Road Envelope 46.5 5.7% 20m width. Notional amount & subject to further investigation

Open Space TBA subject to further investigation but between 5 to 15 %

RESTRICTED DEVELOPMENT & USE

Long Forest Nature Conservation Reserve Buffer

55.5 6.8% No development and restricted use

NO FURTHER SUBDIVISION

Thackeray 32.7 4.0% No further subdivision (includes overlap with Long Forest Nature Conservation Reserve and other buffers)

Dodemaide 55.2 6.7% No further subdivision (includes overlap with Long Forest Nature Conservation Reserve buffer)

DEVELOPMENT

0.75 Ha minimum lot size 289.4 35.3%

2 Ha minimum lot size 87.0 10.6% Above area of no development not included

TOTAL - STUDY AREA 820.1 100.0%



5.4 IMPLICATIONS FOR THE DEVELOPMENT OF THE PLATEAU

The new format planning schemes introduced a substantially different approach to

the previous planning system. The current Victoria Planning Provisions seek to

enable development by approaching the assessment of applications in a less

prescriptive manner, by using performance criteria to assess applications.

The Bences Road Local Structure Plan (2007) will therefore need to focus on the

main issues of concern and the broad principles and criteria by which development

proposals can be evaluated. Proposed subdivision design and lot configuration

should be detailed in a development plan and/or individual applications, which to

respond the parameters and requirements outlined in the Bences Road Local

Structure Plan (2007) shown in Figure 13.

The preliminary assessment of habitat areas across the plateau has identified that

these sites are likely to be of moderate to low value, however detailed site-specific

investigation of these areas may discover some pockets are worthy of retention and

others irreparably degraded. Such a decision on the most appropriate subdivision

layout could only be made after a detailed investigation of the area.

As part of this study, a number of other issues such as sewerage, development

costs, lot yield and configuration and a detailed management that have arisen, that

require further investigation (outlined in Section 5). These issues affect the

development of the whole precinct, and should be approached at this level.

5.4.1 Next Steps to Resolve Development Potential

To ensure the orderly and equitable development of the plateau, in a manner which

ensures the area’s environmental value is protected and enhanced, should therefore

be to prepare a detailed development plan, which addresses the feasibility of

expanding existing infrastructure and environmental management plan.

STUDY AREA

AREA (ha)

820.1 100.0%

LONG FOREST

NO DEVELOPMENT AREA

PROPOSED

NO DEVELOPMENT AREA

2HA MINIMUM LOT SIZE


COLLECTOR ROAD

LOCAL STREET

10.0

46.5

1.0%

5.7%

55.5 6.8%

146.6 17.9%

129.2 15.7%

87.9 10.7%

LONG FOREST BUFFER


AND LAND USE)



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LOCAL STRUCTURE PLAN-PLANNING SCHEME PLAN -NO DEVELOPMENT AREAS

LOCAL STRUCTURE PLAN-PLANNING SCHEME PLAN -NO DEVELOPMENT AREAS

Figure 7


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6 ISSUES REQUIR ING FURTHER RESOLUT ION

6.1 STUDY AREA

The initial project brief defined the study area of for the Bences Road Local Structure

Plan (2007) as the area covered by the Rural Conservation Zone. The zoning

boundary transects a number of land parcels, placing several properties within two

zones (refer Figure 2). In the western part of the study area, some properties are split

between the RCZ and Rural Zone (RUZ), which follows the line of the top of the

escarpment. Along the eastern edge of the study area, some properties are split

between the RCZ and PCRZ which generally follows the line of the remnant forest.

The Victorian Planning Provisions do not support the application of more than one

zone per parcel of land, due to the difficulty in applying the requirements more than

one set of controls. It is also not uncommon for land not in public ownership to be

within a PCRZ.

The Bences Road Local Structure Plan (2007) is intended to provide a broad

framework for the development of the plateau that takes into account:

service provision for future residential development;

the future road network;

open space provision;

allotment configuration and diversity;

the potential need for community facilities in the longer term;

protection of environmental assets; and

the likely impact of rural residential development.

In line with the requirements of the VPP’s, to ensure that each parcel of land is

covered by a single zone, is therefore more appropriate that entire parcels of land

should be included in the Bences Road Local Structure Plan (2007).

In most circumstances, the most appropriate zone for the entire parcel of land would

be the same zone as the portion of land that is not within the PCRZ. In this case, the

most appropriate zone may be the RCZ, however given the conservation value of the

remnant vegetation, it may be appropriate to include a Public Acquisition Overlay

over the privately owned land currently within the PCRZ. In order to implement the

strategic vision for the Bences Road plateau, the next phase of development

planning for the precinct should result in the finalisation of the most appropriate

combination of statutory controls for the precinct.

In line with these considerations, a revised study area has been identified, based on

land parcel boundaries. The Bences Road Local Structure Plan (2007) and the zone

boundaries (once amended) should reflect this changed area.



6.2 LAND OWNERSHIP

The pattern of land ownership in the study area is relatively fragmented (refer Figure

8), with the remaining 606.04 hectares of undeveloped land split between 36 property

owners. This excludes Dodemaide Circuit, where there are 14 landowners.

The size of individual land holdings varies significantly, ranging from 0.85 hectares to

largest holding covers 84.45 hectares (refer Figure 9). The average parcel is 16.03

hectares in size. Fourteen properties are larger than average and the remaining

twenty-two are less than the average lot size.

The future development intentions of the landowners are varied. The Moorabool

Shire Council has seven current applications for planning permits which are yet to be

determined. If approved, these proposals would create an additional 91 lots with an

average lot size of 1.95 hectares. Some landowners have expressed the view that

they have no subdivision intentions in the foreseeable future, whilst others have

adopted a ‘wait and see’ position.

To facilitate the development of the plateau and resolve the infrastructure and staging

issues outlined in subsequent sections, some landowners have sought to coordinate

a joint venture or gain interest of a larger development corporation. While at least two

parties have been approached to develop the plateau as a whole, at this point in time

there is negligible interest in the area as a major residential development project. If

the plateau is to be developed, to its full potential, and the environmental objectives

of State and Local Policy are to be achieved, a coordinated approach to planning the

area is required, which can deliver an attractive, implementable and commercially

viable development that builds on the area’s natural features and environmental

assets.

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382100 0.75 0.13

382100 0.75 4.55

382100 2 1.11

382150 2 0.46

382200 0.75 2.52

382200 2 3.7

382250 2 10.4

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382550 0.75 18.4

382600 0.75 8.57

382650 0.75 4.19

382650 0.75 17.39

382700 0.75 22.32

382700 2 2.54

382750 0.75 6.42

382750 2 1.35

382760 0.75 7.6

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382850 0.75 43.72

382850 2 25.46

405250 0.75 60.88

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405300 0.75 5.49

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405350 0.75 8.53

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MOORABOOL

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6.3 ROAD NETWORK

6.3.1 Potential Local & Collector Road Structure

The basic road network should include north-south and east-west connections that

function as collector roads that provide access to local streets that service individual

properties. Bences Road and Flanagans Drive provide the main north-south

connection through the Bences Road area from the Bacchus Marsh Road to Diggers

Rest-Coimadai Road. Buckleys Road provides the principal east-west connection

through the study area from Bences Road to Bacchus Marsh-Gisborne Road.

The local road network needs to provide adequate access to individual properties

and provide for alternative access. A basic principle that should be applied to the

local road network is that every road should have two access points. The rationale

behind this approach is to provide an alternative exit route should a fire occur on the

plateau.

6.3.2 Potential realignment of the Bences & Buckleys Road

Intersection

To provide a safe intersection at the junction of Bences and Buckleys Roads,

previous planning had identified that this intersection should be reconfigured so that it

occurs slightly further to the west, maximising visibility to traffic entering Bences

Road from Buckleys Road. The realignment of this intersection would also provide

improved access to the properties along the east side of Bences Road where the

developable land area is relatively narrow. The proposed realignment is consistent

with historical planning for the precinct, as it was also recommended in the Bences

Road Bacchus Marsh – Outline Development Plan (1990).

The realignment will need to be further explored in the next phase of Development

Planning for the precinct, as it is unlikely to be achievable without a single developer

coordinating the development of the entire plateau, or a consolidation of land

ownerships around the affected parcels. Pending a final decision from VicRoads on

the future arterial road needs for Bacchus Marsh, it may be that such realignment is

inappropriate for level of traffic the road is planned to carry.

Feasibility of Significant Road Works

The feasibility of realigning the Bences & Buckleys Road intersection as a collector

road should be further explored in more detailed development planning for the

precinct.

While this design outcome had been explored earlier as a way of creating larger

blocks adjacent to the Long Forest Nature Conservation Reserve, this would require

a single developer to coordinate this process and consolidate affected parcels. It

would also require disposal of existing road reserves and acquisition of new road

reserves, to achieve the alignment, which may not represent the best use of capital

works funds or the highest benefits delivered.



The staging of any realignment is unlikely to provide a coordinated development of

and connectivity between new sections of road in the absence of a single developer.

A significant realignment of the collector road structure is therefore unlikely to be

deliverable if each site is developed in isolation, and the plateau is developed in a

fragmented way.

6.3.3 Potential Bacchus Marsh Bypass Road

There is an identified need for a bypass road to provide access from the Western

Freeway to the Bacchus Marsh-Gisborne Road without entering the Bacchus Marsh

Township. The Moorabool MSS and historical considerations of the regional road

network by VicRoads identified that Bences Road and Flanagans Drive could be one

option for a bypass. More recent considerations by VicRoads have identified a

second option where Woolpack Road could be extended north. In this scenario, a

new overpass could be constructed over the Western Freeway that connects to

Bacchus Marsh-Gisborne Road near Lerderderg Park Road.

The steepness of the escarpment and gradient of the road network will present

significant issues for both the design and ongoing safety of the Bences Road bypass

option. The Bences Road option, however, does make use of an existing freeway

overpass and road infrastructure, and ensure that traffic is entering the Township

through its historical gateway – the Avenue of Honour.

Funding Implications for Delivery of a Bypass Road

If the arterial road option Flanagans Drive and Bences Road were to be upgraded to

an arterial, providing a bypass from Bacchus Marsh to Gisborne Road, a contribution

towards the cost of the road is likely to be required by VicRoads from developers in

the precinct. Collector and local roads are also likely to be funded by significant

developer contributions, and the relative cost of each road network option for the

plateau should be considered in a detailed review of Development Costs, as set out

in Section 8.2.2.

Amenity & Character Impacts

The alignment of a future arterial road through the heart of the plateau should be

carefully planned to minimise impacts on the land at the east and western edges of

the plateau. These areas are the most environmentally sensitive parts of the study

area, and offer the greatest potential to provide a high amenity residential

environment.

Careful consideration should be given as to whether the level of traffic generated by a

future arterial would significantly compromise the amenity of the plateau,

undermining its potential as an environmentally-orientated lifestyle-living precinct,

with a strong rural character. In particular, the number of large vehicles and semi-

trailers utilising the proposed arterial may have a substantial bearing on the amenity

and character of the plateau, its initial development value and potential long-term

value as a precinct.



Impact on Development Value & Affordable Contributions

The development of an arterial road through the heart of the precinct may have an

adverse impact on the value of the development, affecting the ability to achieve the

environmental conservation values set out in State and Local policy. If the value of

the land and development falls, this will lower the threshold for affordable, reasonable

developer contributions, undermining the potential to deliver an extensive open

space network, including potential to acquire the land occupied by remnant

vegetation on the edge of the Long Forest Nature Conservation Reserve.

6.4 SEWERAGE

The slope of the Bences Road plateau and the location of the existing sewerage

treatment plant south of the Western Freeway necessitate that a gravity based

sewerage system is developed to service the plateau, which connects from the

southern end of the study area. Historical planning for the precinct provided for 400 to

450 lots to be developed on the plateau. As a consequence the main trunk sewer laid

down in the development of the 143 lot Silverstein subdivision was oversized to

accommodate this capacity. The sewer was designed to provide a connection to the

remainder of the Bences Road area, to service future lots further north. The design of

the infrastructure and decisions relating to the capacity of the sewer were based on

the existing BRBM-ODP (1990) and local policy requirements in the planning

scheme.

The sewer servicing the Bences Road area passes under the Western Freeway and

is connected to the treatment plant by a pumping station. Western Water has advised

that the pumping station and crossing under the Western Freeway will need to be

upgraded to accommodate further development of the Bences Road area.

6.4.1 Remaining Development Capacity – Existing Sewer

Infrastructure

Assuming that each lot contains a single dwelling, the real constraint on the potential

development yield of the plateau is the size of the sewer. The number of remaining

lots that the existing sewer can service is 290, as the existing capacity is 400 to 450

lots, of which 160 have already been created (143 in the Silverstein subdivision and

17 in the Sunnystones Country Estate (Thackeray)).

6.4.2 Development Potential with Increased Sewer Capacity

There is potential for a higher development to be accommodated on the plateau,

within the parameters of the lot sizes outlined in Section 5.6. If the current

requirement for a minimum average lot size of one hectare was applied to relatively

unencumbered land, this would enable the development of an additional 94 lots,

bringing the total future additional lots to 384 (assuming there is no further

subdivision of the Silverstein, Sunnystones Country Estate and Dodemaide Circuit

developments).



To facilitate the development of these additional lots, the existing sewer must be

duplicated, which is likely to be at a considerable cost to developers. Based on the

infrastructure costs of the Silverstein subdivision, the cost of duplicating the sewer

would be in the order of $1.5 to $2 million.

The duplication of the sewer would need to be funded by a Development

Contributions Plan. If the full cost of duplicating the sewer infrastructure was equally

apportioned to each additional lot in the Bences Road area, the developer

contribution for this infrastructure item would therefore be approximately $3,900 to

$5,200 per lot.

In order to establish the preferred approach for the development of the plateau, a

detailed development costs review, cost benefit analysis and overall feasibility

assessment must be undertaken to establish whether the expansion of the sewer is

economically viable.

6.5 ESCARPMENT SETBACKS

The principle applied to identify developable land is basically a sieve mapping

technique. A number of specialist studies were undertaken, which identified a

number of constraints affecting the study area. Buffers were identified to manage a

number of the issues affecting the plateau. The constraints and buffers were mapped

separately for each component of the analysis, and then combined to define the land

unaffected by these constraints – the future developable land area.

The escarpment contains the highest erosion risk soils and steep slopes, which are

the defining feature of the landscape. The environmental assessment (Golder

Associates, 2004) recommended that buffers be established to protect the

escarpment and along its edge, to define where no development should occur. The

study recommended that buffers are applied to the areas affected by Class 2 and 3

Erosion Risk categories.

To minimise the impact of development on the view lines of the plateau from the

Bacchus Marsh Valley and minimise intrusion into the landscape, it is has also been

recommended that any development should be set back from the escarpment.

Analysis undertaken in Section 4.2 indicates that a setback or buffer of 50 metres

from the edge of the escarpment is sufficient to achieve this (refer Figure 11).

Notably, some of the land constrained by buffers or setbacks is still capable of being

subdivided to a degree, if sufficient control is exercised over the siting of buildings on

these parcels. The constrained areas that are capable of some subdivision are close

to the escarpment or Long Forest Nature Conservation Reserve. To minimise

potential for adverse impacts on the development of these areas, it is recommended

that larger lots are created, with defined building envelopes that are contained within

the unconstrained part of the parcel. The detailed lot configuration and building

envelope design should be examined in the next stage of development planning for

the Bences Road area.

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6.6 LOT SIZES & CONFIGURATION

The BRBM-ODP (Chris Dance Land Design, 1990) specified minimum lot sizes

ranging from 0.75 to 1 hectare. Clause 22.08 of the Moorabool Planning Scheme

currently requires that lots are a minimum of 0.75 hectares, averaging at a minimum

of 1 hectare across the study area. Lots over 2.25 hectares are to be excluded from

the calculation.

Planning policy for Bences Road has consistently identified that the area is

appropriate for development as an environmentally sensitive, rural residential area,

serviced by reticulated water and sewerage systems. There is an existing statutory

requirement for new subdivisions to be connected into the existing service

infrastructure network, which is critical to be maintained, to minimise the impact on

water quality in the catchment of the Merrimu Reservoir.

The capacity of the land to support onsite effluent disposal, one of the primary

determinants of lot size, is therefore not relevant to this study. While a smaller lot size

may be achievable, as it is not constrained by on-site servicing requirements, the

level of subdivision on the plateau is constrained by the service infrastructure

capacity.

In areas affected by constraints such as buffers, larger lot sizes are appropriate

because they enable the land to be subdivided while ensuring there is sufficient area

to provide an appropriate house site, defined by a building envelope. In line with this,

a 2 hectare minimum lot size is considered appropriate on land affected by

environmental constraints. The main constraints in these areas are the potential

identification of habitats worthy of retention and buffers required to minimise fire and

erosion risk.

The effective limit on the number of lots is therefore imposed by:

capacity of the sewerage system (assuming it is not duplicated);

type and density of residential development appropriate for the location; and

provision of social and physical infrastructure.

Typically structure plans are not concerned with individual lot configuration – this is

the role of a development plan. Due to the nature, massing, extent and location of the

constraints associated with the Bences Road area, it is recommended that lot yield,

parcel size and configuration must be resolved on a whole of precinct basis.

Individual plans of subdivision on a lot by lot basis are not holistic enough to

adequately test whether the structure plan is implementable, whether it can result in a

fair and equitable outcome for landowners in the precinct, while achieving the desired

environmental outcomes. In particular, this will enable resolution of outstanding

issues regarding the feasibility of infrastructure capacity expansion, treatment of

larger tracts of land with high conservation value, and optimal density distribution

across the future developable area. In order to resolve these issues, it is

recommended that a whole-of-precinct development plan is prepared for the Bences

Road area.



6.7 CONSTRAINED AND UNCONSTRAINED LAND

Significant tracts of land within the Bences Road area are impacted upon by

development constraints. In some cases, land is relatively unconstrained, while other

parts of the study area are highly constrained to the extent that the development and

use of the land is restricted or simply not allowed.

Two different approaches could be employed when estimating the future lot yield for

the Bences Road area:

estimates that are limited only to unconstrained land; and

estimates that are inclusive of constrained land based on a 1 hectare average

lot size over the whole Bences Road area (consistent with the existing Local

Policy Provisions in the Moorabool Planning Scheme (refer Section 3.2.2).

In the latter scenario, development would only occur on unconstrained portions of

otherwise heavily constrained land, assuming a defined building envelope and

appropriate setbacks from road frontages. It is also dependent upon the duplication

of the sewer, to provide sufficient capacity to service this number of lots. Earlier drafts

of the Strategy had examined this option for application with the concept of cluster

housing and community title (refer Section 6.8), it is also applicable to parcels on the

edges of the study area, along the escarpment and the edge of the Long Forest

Nature Conservation Reserve.

Land that is heavily constrained includes ‘No development 2 hectares minimum lot

size’ and ‘Public Conservation and Resource Zone’ indicated in Table 3.

Depending on which approach is adopted quite different lot yields will be achieved for

the Bences Road area and could range between:

384 lots, if only the unconstrained land is developed; to

586 lots, if both the unconstrained land and areas that are highly constrained

(partially encompassing areas of no development with a 2 hectare minimum lot

size or covering the Public Conservation and Resource Zone).

6.8 COMMUNITY TITLE & MANAGEMENT ISSUES

A land management concept that had previously been considered suitable for heavily

constrained land within the Bences Road area was cluster housing and community

title. Effectively, this form of development enables a number of houses to be

clustered together on a single title or strata titles with commonly held and managed

land.

While earlier versions of the Bences Road Local Structure Plan (2007) had examined

this approach for properties affected by the PCRZ land; the Long Forest Nature

Conservation Reserve buffer or other buffers and environmental constraints, the

implementation and ongoing maintenance of such a practice is not considered

tenable.



While houses could be located on relatively unconstrained land and constrained land

would be held in common and managed appropriately, the mechanism to achieve

this outcome is most likely a Section 173 agreement, and a negotiation of the specific

rules of the Body Corporate set up to manage the common property.

While a maximum yield consistent with the requirement for a one hectare average

may be obtained across the entire parcel for the affected properties, and enable the

careful management of sensitive or constrained land, the implementation of such

management practices lie outside the planning scheme and are dependent upon

ongoing mutually-agreeable management arrangements between individuals.

Few examples exist of where this concept has been applied in Victoria, and is

generally limited to locations where there is an existing cultural value placed on the

ecological attributes of the site and a communal living culture. In the long term, this

type of culture may develop in the Bences Road area, if it is able to provide a high

amenity, alternative lifestyle choice. Concurrently, in terms of social development, the

community’s values would need to evolve to this type of living arrangement being the

preferred lifestyle choice, the use of the land is valued principally for its

environmental significance and amenity, effectively removing the potential for

inappropriate use, management and development pressures to impact upon the

quality of the remnant vegetation. Under this scenario, the management of land is

self-regulating by the community’s values, which may only evolve over a long

timeframe, outside of the current planning period.

6.9 LOT YIELD CAPACITY

The eventual lot yield and population for the Bences Road area will be determined by

sewerage capacity, average lot size criteria and constrained/ unconstrained land.

A population of 1,200 to 1,500 people (Dance, 1990), was envisaged (not set) for the

Bences Road area in the original study for the development of the precinct. Assuming

an average of 2.91 people per household in Bacchus Marsh at the 2001 Census, a

population of 1,500 people would be accommodated in an upper lot yield of 515 lots.

The Bacchus Marsh Residential Growth Strategy (Shire of Moorabool, 2004)

anticipated around 540 dwellings would be accommodated in the area.

The analysis undertaken in the preparation of the current Bences Road Local

Structure Plan (2007) has indicated that the development of the plateau will result in

a lot yield of between 384 and 586 lots, depending upon the extent of development of

constrained land.

The ultimate sewerage capacity of the plateau can be assessed in two ways.

If the existing sewer is extended, there is the capacity to sewer up to 450 lots,

minus already approved lots, which leaves 290 developable lots.

If the sewerage were duplicated, then up to 296(+) lots could potentially be

sewered.

Under the second scenario, based on a one hectare average lot size across

both constrained and unconstrained land, up to 586 lots could be developed.



6.10 LAND ADJOINING THE LONG FOREST NATURE CONSERVATION

RESERVE

Three parcels of land on the east side of Bences Road, immediately north of the

intersection with Buckleys Road are predominantly covered by remnant vegetation,

which is part of the Long Forest Nature Conservation Reserve community. In parts

the vegetation has been thinned or removed. Most of this vegetation cover is

included within the PCRZ or within the 150 metre buffer from the edge of the Long

Forest Nature Conservation Reserve. The details of the parcels affected by the 150

metre buffer from the Long Forest Nature Conservation Reserve are displayed in

Table 4.

TABLE 4: AREAS AFFECTED BY THE PCRZ BUFFER

Parcel Parcel area (ha) Area outside PCRZ buffer (ha)

Proportion of parcel affected by PCRZ buffer (%)

A 14.70 5.37 63.46

B 6.32 0.21 96.72

C 0.98 0.00 100.00

Figure 12 shows the area of lots affected by the PCRZ and the 150m buffer. For Lots

A and B the entire area not within the PCRZ is affected by the 150m buffer. The study

undertaken by Brett Lane & Associates (2004) recommended that subdivision

densities be managed within this buffer and that some restrictions be placed on

grazing.

The Long Forest Nature Conservation Reserve has been identified as an area of

environmental significance and there is the potential to expand the reserve by the

inclusion of this land with remnant vegetation currently in private ownership, a move

supported in the Parks Victoria Management Plan for the Long Forest Nature

Conservation Reserve.

Whilst the Brett Lane report did not suggest a minimum lot size, the

recommendations included that only large lots should be considered. A threshold lot

size of 4 hectares is discussed in relation to grazing. It may, however, be appropriate

to allow a more intensive level of development, of a 2 hectare minimum lot size within

the buffer area, provided that the land with remnant vegetation was placed in public

ownership. Alternatively the area covered by remnant vegetation and/or the buffer

areas could be purchased as the part of the open space contribution for the Bences

Road area.

The public open space contributions for the precinct, and a mechanism to coordinate

the equitable distribution of costs for the acquisition of land, can only be resolved as

part of a more detailed whole-of-precinct development planning process.

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MOORABOOL

SHIRE COUNCIL

MOORABOOL

SHIRE COUNCILLAND PARCELS WITH

REMNANT VEGETATION

LAND PARCELS WITH

REMNANT VEGETATION

Figure 12



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A

B

C

SLIGHT EROSION RISK AREA

CONSTRAINTS HABITATS

LONG FOREST RESERVE BUFFER

OPEN GRASSLAND

STUDY AREA

STREAM BUFFER (20m)

SHRUBBY GRASSLAND

ROAD BUFFER (20m)

PCRZ

0 100 200 300 400 500m


Parcel Parcel area (ha) Area outside PCRZ buffer

(ha)

% of parcel affected by

PCRZ buffer

A 14.70 5.37 63.46

B 6.32 0.21 96.72

C 0.98 0.00 100.00



6.11 OPEN SPACE

The open space contribution is contingent upon the outcomes of the next phase of

development planning for the precinct. A minimum of 5% of total land area should be

set aside, however the contribution may be as high as 15%, based on all PCRZ

affected land (expressed as a percentage of the total Bences Road area) being set

aside for public use.

It is important to note, however, that provision of 15% of land for public open space is

still insufficient for a wildlife corridor and linear parkland system throughout the rest of

the plateau. To enable a high quality residential area to be developed, and enable

wildlife movement, it is important that this is planned for.

The open space component will be a negotiated outcome between Council and

DPCD. Factors that will contribute to the resolution of the open space contribution

include:

final status of PCRZ affected land;

findings of detailed vegetation surveys and environmental management plan;

and

trade-offs between conserving and developing land.

In the line with the provisions of the Bacchus Marsh District Trails Master Plan (Shire

of Moorabool 2005), planning of open space for the Bences Road area should

provide for a strong network of integrated trails – including linear parks and shared

paths (within road reserves). Delivering a system of linked paths is critical to

achieving a high-amenity rural residential character for the area, creating necessary

wildlife corridors and extending the trails system.

Planning of the open space system should recognise and build upon the potential of

the Long Forest Nature Conservation Reserve, Coimadai Creek and Merrimu

Reservoir as components or destinations of the trails system. Concurrently, linkages

between the Avenue of Honour to Flanagans Drive at the southern part of the study

area should be strengthened, and provided for in the planning of the road network.

6.12 VEGETATION AND ENVIRONMENTAL MANAGEMENT

The study by Golder Associates (2004) recommends detailed vegetation surveys are

undertaken and that vegetation and other management practices be scoped and

implemented for the whole precinct.

Therefore the next phase of development planning must be inclusive of detailed

vegetation surveys and vegetation and environment management plans. These

should be informed by a feature and level survey for the whole precinct.

Revegetation is required for areas impacted upon by soil erosion, streams and view

sheds. It is also expected that amenity vegetation is necessary along collector and

local roads and as screening buffers between adjoining properties.



6.13 SUMMARY

A number of issues have arisen as a result of this study. The recommendation is that

further investigations are necessary to ensure the framework and detail of the

Bences Road area are properly resolved, prior to further subdivision of the plateau.

The issues that require further investigation are:

more detailed vegetation and fauna investigations on a lot by lot basis and/or

thematic issue basis;

costs, options and lot yield scenarios for the sewerage system must be resolved

in a cost benefit analysis and feasibilities undertaken of the cost per lot;

a development costs review and contribution plan to establish what is

economically feasible;

ultimate development capacity of the plateau, based on the result of the

feasibility;

future road network requirements and planning of the most appropriate road

structure for the plateau;

preparation of a development plan to resolve lot configuration that addresses

the development form of land that is heavily constrained, to describe spatially

(rather than numerically), appropriate solutions for the affected sites and

broader areas;

final lot yield for the precinct, and contributions plan for infrastructure and works,

to determine whether the lower or upper end of the identified ultimate lot yield

range is feasible;

planning of the open space system, to provide linear reserves, wildlife corridors

and extend the trails network, while ensuring developer contributions are

reasonable;

statutory mechanisms for the implementation of the Bences Road Local

Structure Plan (2007) and future development plan;

vegetation and environment management plans, to ensure ‘net gain’ principles

of the Native Vegetation Management Framework (DNRE 2003) are achieved

across the precinct.

The resolution of many of these issues is dependent on a feasibility assessment of

development costs to ascertain the viability of different development options. It

should be noted, however, that the viability of each option will not be the sole

determinant of the final infrastructure plan.

As set out in the provisions of State Policy, the cost of service infrastructure must be

borne by the developer, and contributions towards open space, collector roads and

community facilities will also be required. Thus, a level of contributions, regardless of

viability of the development, will be required if development is to proceed on the

Bences Road plateau.





7 IMPLEMENTAT ION

7.1 STATUTORY MECHANISMS

The principal purpose of the Bences Road Local Structure Plan (2007) is to provide

an overarching framework for the development of the plateau. Thus, the study

focuses on a strategic analysis of the development context, issues and examines

principles for the resolution of the future development form.

The existing statutory provisions have been considered in the preparation of the

report, however the resolution of the most appropriate combination of tools to ensure

the objectives of the overall development framework are achieved lies outside of the

scope of this study.

The statutory provisions applicable to the Bences Road area will be reviewed with the

intention of bringing them into line with the State Planning Policy Framework and

reducing and simplifying the number of mechanisms as appropriate. Concurrently,

however, it is likely that following the preparation of a more detailed development

plan, as an outcome of this study, a new Development Plan Overlay will be required.

A brief review of the current and potential controls, and the issues for review for each

statutory mechanism has been undertaken to guide considerations in the preparation

of future Planning Scheme Amendments to implement the Bences Road Local

Structure Plan and/or Development Plan (refer Table 5).



TABLE 5: STATUTORY MECHANISMS

Mechanism Status Review Issues

Clause 22.08 Existing Revised to include key principles of Bences Road Structure Plan

Rural Conservation Zone Existing Should RCZ be extended to include RUZ and PCRZ land?

Rural Zone Existing Should RUZ be re-zoned to RCZ?

Public Conservation & Resource Zone

Existing Should PCRZ be rezoned to RCZ with a Vegetation Protection Overlay?

Wildfire Management Overlay

Existing Under review

Design and Development Overlay

Existing Should the DDO be replaced by a DPO?

Environmental Significance Overlay 3

Existing Is the ESO the best mechanism to protect vegetation?

Erosion Management Overlay

Proposed The purpose of the EMO is to protect land subject to erosion pressures.

Development Plan Overlay

Proposed Should this supersede the DDO?

Could be utilised to implement recommendations of LSP for further development planning.

Development Contributions Plan Overlay

Proposed Need to implement a DCP following detailed development costs review in the next phase of development planning.

Public Acquisition Overlay Proposed Potential to utilise a PAO to acquire land adjacent to the Long Forest Nature Conservation Reserve. Further discussion should occur with stakeholders about where these funds are derived from to purchase the land

7.2 STAGING & INFRASTRUCTURE DELIVERY

7.2.1 Coordination of Subdivision Intentions

The Bences Road Local Structure Plan (2007) should provide for the coordination of

different subdivision intentions and timetables. It is critical that the necessary

infrastructure is delivered in an integrated and timely manner.

Connectivity of local roads, sealing of collector roads, provision of reticulated sewer

and water supply must occur either in a well-staged manner. If development is to

occur out-of-sequence, some investment may need to be made in advance of

subdivision of some properties.



7.2.2 Need for a Development Contributions Plan

It is important to provide for an equitable mechanism to share the costs of

infrastructure provision between the beneficiaries of development. A Development

Contributions Plan based on a per-lot contribution would provide the most equitable

outcome, given that there will be significant variations in lot size across the plateau

(making a per-hectare rate inappropriate).

The overall calculation for the cost apportioned per lot should be based on the total

number remaining developable lots (ultimate development yield of the plateau less

the Silverstein and Thackeray developments). The costs would then be apportioned

equally to the remaining undeveloped lots.

Feasibility of Developer Contributions

A Developer Contributions plan must provide for the likely cost of roads, upgrades to

community facilities required to accommodate the additional population, service

infrastructure and open space, as set out in Section 8.2.7.

If the sewer is to be duplicated, to deliver a higher lot yield for the precinct, it has

been estimated that the sewer cost alone this would be at a cost of approximately

$3,900 to $5,200 per lot (refer Section 6.4).

In the context of growth areas in metropolitan Melbourne, a total developer

contribution of approximately $10,000 has been considered reasonable by leading

national developers for conventional density residential areas.

Given the number of other development and community infrastructure requirements

for the new Bences Road community, it is likely that the feasibility of upgrading the

sewer to provide additional capacity is marginal. Nonetheless, in line with Section

8.2.2, this should be further explored in more detailed development planning for the

precinct, to determine the optimal lot yield and developer contributions scheme to

deliver a profitable, viable development and optimise environmental outcomes for the

precinct.

7.2.3 Implications of Infrastructure Provision on Development Staging

The sewer is currently available in the south. Western Water has advised that the

sewerage infrastructure laid down in the Silverstein development was based on a

total of 400 to 450 dwellings on the plateau.

The existing water supply is provided from the tank just south of the Diggers Rest

Road. The existing facility is inadequate to supply the anticipated total of 400 to 450

dwellings and consequently a supplementary supply will need to be made available.

Western Water has advised that this supply will be provided from further north along

the Gisborne Road. The current water pressure provided from the Diggers Rest Road

tank is inadequate for properties north of Buckleys Road.



To enable the extension of the existing infrastructure to service developing areas of

the plateau, as a general principle, any staging of development should occur from

south to north. This will enable expansion of the water supply and development of the

sewer system to be progressively staged with development, rather than ahead of

time. In other growth areas, the provision of infrastructure out-of-sequence with

developments has created a ‘gap’ between the need for capital works and the

collection of contributions, putting pressure on Council capital works funding and the

budget process. The next phase of development planning, and preparation of the

development contributions plan should put in place a process to ensure this does not

occur at Bences Road.

Most of the current applications for planning permit for subdivision are located in the

central part of the Bences Road area, however a number of the landowners have

indicated that they have no immediate development intentions. In which case, there

is some potential for out-of-sequence development that will need to be very carefully

managed.

To an extent, the Development Contributions Plan could address this, and could be

implemented through the application of a Development Contribution Plan Overlay

(DCPO).

The matters that should be addressed in the DCPO are:

collector road construction;

open space provision and the cost of land acquisition;

potable water supply;

sewerage provision;

drainage.



8 RECOMMENDATIONS

8.1 NEED FOR A BALANCED APPROACH TO DEVELOPMENT

The development of the Bences Road plateau requires a carefully balanced

approach that achieves both the protection of the area’s environmental and

landscape values, and enables a level of development that is consistent with the

historical development precedents and community expectations.

8.1.1 Rationale for the Defined Developable Area

In line with this approach, environmental and view line buffers have been developed

to ensure the Long Forest Nature Conservation Reserve is not adversely impacted

upon and the integrity of the views from the Bacchus Marsh valley are retained.

These buffers effectively define the area of land on the Bences Road plateau that can

be subdivided without adverse impacts on the adjoining uses and activities.

8.1.2 Rationale for Lot Size

The current developable land area available at Bences Road has the potential to

yield approximately 384 lots under the current planning scheme provisions, ensuring

a one hectare average lot size is achieved. The existing sewer developed to service

the area has a capacity of 400 to 450 lots, and 160 of these have already been

committed as part of approved subdivisions (Silverstein - 143 and Sunny Stones -

17). If the Bences Road area were to develop to in line with these densities,

assuming no infrastructure constraints, there could be up to 94 lots that could not be

serviced by the existing sewer.

If the average lot size across the plateau was limited to two hectares, approximately

192 lots could be created. The sewer would operate well under capacity, and the cost

of subdivision and establishment of service infrastructure would be an expensive

exercise. A combination of one and two hectare lots is therefore considered

appropriate. Based on the existing sewer capacity, the subdivision potential of the

area could be maximised if 43 two hectare (+) lots and 247 one hectare (+)/-) lots

were developed, in addition to the 160 that have already been approved.

8.1.3 Rationale behind Density Distribution

In order to concurrently achieve the environmental objectives for the development of

the area, the two hectare lots should be located along the escarpment and adjacent

to the Long Forest Nature Conservation Reserve (refer Figure 13). Larger lots are

appropriate here as this land includes some of the buffer areas, and unconstrained

land could be developed within defined building envelopes. The buffer areas are

intended to protect the Long Forest Nature Conservation Reserve vegetation, the

escarpment and associated view lines.



The buffers represent areas in which building and works should not be permitted. In

line with this requirement, a further more detailed development plan for the precinct

should define parcels to ensure there is a sufficient area of unconstrained land upon

which a dwelling can be built, defined by an appropriate building envelope.



MOORABOOL

SHIRE COUNCIL

MOORABOOL

SHIRE COUNCILLOCAL STRUCTURE PLAN-

PLANNING SCHEME PLAN

LOCAL STRUCTURE PLAN-

PLANNING SCHEME PLAN

Figure 13


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STUDY AREA 820.1

129.2

146.6

87.9

55.5

10.0

46.5

87.0

297.6

AREA (ha)

100.0%

15.7%

17.9%

10.7%

6.8%

1.0%

5.7%

10.6%

36.3%

COLLECTOR ROAD

PROPOSED

NO DEVELOPMENT AREA



0.75 MINIMUM LOT SIZE

LONG FOREST

NO DEVELOPMENT AREA

LOCAL STREET


LONG FOREST BUFFER


AND LAND USE)

0 200 1000m




The limited sewer capacity, however, effectively eliminates the need for a minimum

lot size, and other mechanisms should be investigated to equitably share

development potential across the plateau. Duplication of the existing sewer would

resolve the limitations placed on development potential, but at a considerable cost.

Using the Silverstein subdivision infrastructure works costs as a comparison, the cost

of duplicating the sewer would be in the order of $1.5 to $2 million. Based on the

present 1 hectare average, this would provide (approximately) an additional 94 lots.

Scenarios and costs could be modelled to determine the most feasible option for

sewerage and therefore determine the ultimate lot yield.

The Bacchus Marsh Residential Growth Strategy (2004) recommended that the

Bences Road area be developed as a low density residential area, and indicated that

approximately 540 dwellings could be accommodated in the area. The development

capacity will be determined by the capacity of the sewerage system, the area of

unconstrained land and the configuration of land parcels on constrained land.

Depending on which capacity parameter is adopted, either a lower or higher lot yield

will be achieved, of the order of 384 to 586 lots. It is preferable that the maximum lot

yield be achieved (complying with the principles and findings of this report) in order to

make the development efficient in its use of resources, however it is critical that the

development delivers a high-quality, attractive rural residential area, with a

distinctive, high-amenity character.

In order to spread the infrastructure costs equitably amongst the existing landowners

a DCP will need to be prepared, and a DCPO implemented as part of a planning

scheme amendment. This can only be prepared following a more detailed

development planning process, including resolution of ultimate lot yield, infrastructure

and works requirements, and preparation of a public open space scheme.

The land is currently within the Rural Conservation Zone (RCZ) and it is not proposed

to change this zoning. Significantly two of the objectives of the RCZ are:

to encourage development and the use of the land which is in accordance with

sound management and land capability practices, and which takes into account

the environmental sensitivity and the bio-diversity of the locality;

to ensure that subdivision promotes effective land management practices and

infrastructure provision.

As a consequence the Schedule to the RCZ sets a 0.75 hectares minimum lot size

requirement, with an average lot size of one hectare across the area.

The Bences Road Local Structure Plan (2007) provides an overview of issues,

principles and guidance regarding the land use framework, and has outlined a

preliminary consideration of management requirements and land capability issues

affecting the area. However, further investigations are required to finalise a number of

outstanding issues, that must be resolved at a whole-of-precinct level.



8.2 IMPLEMENTATION

8.2.1 Local Structure Plan Adoption

That the Bences Road Local Structure Plan (2007) is adopted by Council in line

with:

The Local Structure Plan for Bences Road (development areas) is

shown in Figure 13.

The local structure plan for Bences Road, (no development areas) is

shown in (Figure 12).

That decisions relating to the specific development applications for subdivisions

of the plateau are based on this broad land-use framework.

That Bences Road Local Structure Plan (2007) is listed as a Reference

Document in the Moorabool Planning Scheme.

That no further subdivision is approved, until the further investigations outlined

in Section 8.2.2 are complete. This condition should be implemented through

the recommendations outlined in Section 8.2.5: Statutory Implementation.

8.2.2 Further Investigations Required

The following investigations for the whole precinct must be undertaken by applicants

wishing to subdivide:

Development Plan

A whole precinct plan must be prepared, that achieves the principles set out in

Section 8.3 that shows lot yield, lot sizes, lots in relation to buffers, notional building

envelopes for sites impacted upon by buffers and vegetation, service infrastructure,

road and intersection treatments and a land budget schedule;

Development Costs

A whole precinct development costs review to be undertaken by a suitably qualified

and approved consultant. The review must resolve the amount of lots that can be

sewered and assess the cost of expanding capacity;

Feasibility Assessment

A whole of precinct review must be undertaken to determine the costs and benefits of

expanding the service infrastructure to support a higher lot yield. The assessment

must determine the viability of upgrading the infrastructure and therefore provide

recommendations about the ultimate development yield of the precinct.

Infrastructure Plan

A whole precinct infrastructure plan that shows the location of infrastructure;



Feature and Level Survey

A whole precinct feature and level survey;

Flora and Fauna Survey

A whole precinct flora and fauna survey by an DNRE approved vegetation

assessment consultant and to an DNRE approved methodology;

Vegetation Management Plan

A whole of precinct vegetation management plan, consistent with the requirements of

the Native Vegetation Management Framework (DNRE 2003) that references the

flora and fauna survey and the environmental management plan;

Environmental Management Plan

A whole of precinct plan that references the flora and fauna survey, vegetation

management plan, Golder Associates (2004) report, which addresses issues of

design and construction in relation to the requirements of zones and overlays; and

Landscape Plan

A whole precinct landscape plan that shows: street trees, an approved species list,

existing flora, areas subject to vegetation and environmental management

requirements, revegetation within prescribed buffers and boundary planting within

lots.

8.2.3 Requirement for Specialist Advice

Due to the requirement for a whole of precinct resolution to the issues set out in

Section 8.2.2, applicants must employ the services of suitably qualified and

experienced Consultants to undertake the work on their behalf.

It is expected the consultants will include the following disciplines: botany, ecology,

environmental science, surveying, civil/subdivision engineering, urban design,

landscape architecture, statutory planning.

Applicants are advised to discuss this matter with Council prior to proceeding with the

investigations.

8.2.4 Liaison with Authorities

Applicants (or their consultants) are required to liaise with all referral authorities to

establish authority requirements.

Applicants are required to demonstrate in the application the requirements of the

service authorities and provide a record of consultation with key service authority

stakeholders.



8.2.5 Statutory Implementation

A review of statutory mechanisms should be undertaken by Council, in consultation

with the Department of Planning & Community Development.

It is recommended that an amendment to the Moorabool Planning Scheme is

undertaken to apply a Development Plan Overlay to the Bences Road precinct,

setting out the requirements for further development planning for the area, prior to the

issue of further subdivision permits in the precinct. In particular, the provisions of the

new DPO should emphasise the principles set out in Section 9.3: Principles for the

Development Plan.

8.2.6 Service Infrastructure

Sewerage

All new lots to be connected to sewerage.

In the calculations that follow it is expected existing non-sewered (septic) lots at

Dodemaide Circuit will remain so. Therefore:

If the existing sewer is retained, the development capacity of the area

is 400 to 450 lots, if lots are 1 to 2 hectares in size;

Of those 450 lots, 160 are committed, leaving 290 developable lots.

The development costs review and infrastructure plan must resolve exactly how

many lots can be sewered within the currently nominated range of 400 to 450.

A feasibility is to be undertaken that considers the following:

extending existing sewer;

duplicating sewer;

average cost per lot of extending or duplicating the sewer;

the overall cost benefit analysis of both options;

the recommended option and the amount of lots that can be sewered.

Water

All lots are to be connected to a potable water supply.

Roads

A whole-of-precinct road plan must be developed;

The road plan must include local streets, collector roads, intersection

treatments, typical cross sections, driveway access details, service locations

and offsets, a shared use pathway on collector roads, revegetation zone etc;

The road plan must be to the satisfaction of the relevant road and local

authority;



The transport and road plan may need to provide for a future arterial or bypass

road through the precinct, pending finalisation of VicRoads requirements for the

precise alignment of the road;

Detailed costings for the road infrastructure must be prepared, for inclusion in a

DCP that apportions costs on a per lot basis.

8.2.7 Development Contributions Plan

Applicants’ consultants must determine the cost of infrastructure requirements

for the whole precinct and submit a development contributions (DCP) plan to

Council with cost apportioned on a per lot basis.

The DCP must contain the following:

collector road construction;

open space provision;

community facility upgrades to provide extra capacity to meet needs

of the additional population;

potable water supply;

sewerage provision;

drainage.

8.2.8 Land Budget

The land budget described in this report (Table 3) is notional. It is based on a

Geographic Information Systems (GIS) map base of the subject site and the various

zones, overlays, buffers and other restrictions that apply to the site.

The purpose of the notional land budget is to provide guidance about the area of land

affected or not by development constraints and therefore the potential lot yield of the

subject site.

The final land budget must be resolved in the detailed development planning of the

precinct, after further background investigations and a draft development plan have

been prepared.

8.2.9 Development and No Development Areas

The final boundaries of development and no development areas will be determined in

the detailed development plan for the precinct. The feature and level survey and the

findings of the vegetation survey will firmly establish the boundaries of each area.

In more detailed development planning, a whole-of-precinct vegetation management

plan and environment management plan should be prepared to ensure any potential

impacts on environmentally significant areas and natural features are minimised.

Thus, the figures outlining the future development and no development areas are

preliminary boundaries that are indicative only..



8.2.10 Open Space

The open space contribution is recommended as a minimum of 5%, and up to 15% of

the total study area. A 15% public open space contribution will ensure that all land

adjacent to the Long Forest Nature Conservation Reserve, covered by the PRCZ can

be incorporated into public ownership. It does not however, provide for the necessary

wildlife corridors throughout the precinct, or allow for an extensive linear reserve

network to improve the amenity of the neighbourhood.

The precise open space network and proportion of land set aside for open space, will

need to be examined in detail in the next phase of development planning for the

precinct. In part, this will be informed by the development costs review and feasibility

assessment, which will determine a reasonable contribution towards infrastructure

and open space, that concurrently optimises the viability of development.

The future open space network and extent of its provision shall be resolved through

‘negotiated’ outcomes between landowners, Council and the Department of Planning

and Community Development. Informed by further background investigations,

ongoing discussions will also need to be held with the Department of Sustainability

and Environment, to examine options for how land adjacent to the Long Forest

Nature Conservation Reserve can be incorporated into the Reserve.

The open space network and planned contributions must:

include linkages to the Long Forest Nature Conservation Reserve through the

Silverstein subdivision;

reinforce the Bacchus Marsh Trails Network (Shire of Moorabool 2005);

address the recommendations from the studies to be undertaken in the next

phase of development planning for the precinct including the Vegetation

Surveys, Vegetation Management Plan and Environmental Management Plan;

and

address the recommendations of the Golder Associates (2004) report.

8.2.11 Long Forest Nature Conservation Reserve

While there is no provision for development in the Long Forest Nature Conservation

Reserve, the impact of development of adjacent land outside the reserve has the

potential to significantly impact upon the quality of vegetation, habitat and water

quality of land within the reserve.

Potential Open Space Contribution

The potential for the area covered by the Public Conservation and Resource Zone

(PCRZ) at the eastern edge of the study area (currently in private ownership), to be

transferred to public ownership should be further explored. The land could either be a

negotiated ‘open space’ contribution for the plateau as a whole, acquired by the State

Government, or alternatively, a combined approach could be utilised.



The public open space plan for the precinct as a whole, could provide for acquisition

of this land adjacent through the collection of cash-in-lieu payments from the majority

of parcels across the plateau, ensuring there is still provision for an open space

system in the remainder of the development (refer Section 8.2.11).

Potential Development of Land Covered by the PCRZ

Block sizes and land use within the PCRZ area are to be determined through the

development plan and necessary further investigations outlined in Chapter 6 of this

report.

If the land covered by the PCRZ is to be partially developed, it is critical that a low

density rural character is maintained, while ensuring an equitable distribution of

development across the plateau. In the absence of a schedule to the zone, the rural

zone provisions will not enable a form of development that optimises lot yields while

maintaining the rural feel. The Rural Conservation Zone provides for a minimum lot

size of 40 hectares on environmentally sensitive land (DSE 2006b). The Rural Living

Zone provides for a minimum lot size of 8 hectares (DSE 2006f). The Low Density

Residential Zone provides for a minimum lot size of 0.4 hectares (DSE 2006g).

In order to optimise the lot yield of the plateau, enable a more equitable distribution of

development, and maintain the low-density rural character of the area, this report

recommends that the areas covered by the PCRZ are subdivided into lots ranging

from 2 to 4 hectares (refer Section 6.6). If combined with well defined building

envelopes, these larger lots will achieve adequate setbacks from the remnant

vegetation, maintain necessary fire-breaks and minimise impacts on environmentally

sensitive areas. Effectively, parcels for development and use will be set aside, while

ensuring high-value land with remnant vegetation remains undeveloped.

8.2.12 Vegetation Assessment & Management Plan

A vegetation assessment and management plan must be prepared, and

address (but not be limited to) the following:

Species including mapping of precise locations within individual lots;

Management regime for remnant vegetation;

Revegetation areas;

Land use and lot sizes in relation to specific areas of remnant

vegetation.

The vegetation management plan must be consistent with the provisions of the

Native Vegetation Management Framework (DNRE 2003).



8.2.13 Environmental Management

Applicants via a suitably qualified consultant must develop and submit an

Environmental Management Plan for the subject site;

The Environmental Management Plan must reference the Land Survey,

Vegetation Survey and the nominated reference report and other documents as

appropriate;

Applicants are to refer to the following for background information and before

undertaking an environmental management plan:

Applicants are to refer to the Golder Associates (2004) report for

recommendations regarding:

buffers;

native vegetation management;

habitat management;

revegetation;

water run-off;

road run-off management;

stormwater management;

land management;

erosion control;

further works.

Council subdivision standards.





9 THE NEXT PHASE OF DEVELOPMENT

PLANNING

The following principles should be applied in the next phase of development planning

for the precinct, to ensure a high-quality low-density residential precinct is developed

that optimises the area’s natural character and environmental outcomes across the

precinct.

9.1 A VISION FOR THE PRECINCT

The vision for Bences Road should be based on the concept of developing a unique,

high-amenity, eco-friendly lifestyle living precinct, with a strong focus on sustainability

and innovative built form design, based on the premise of minimising water use and

optimising sustainable energy outcomes.

The plateau has an attractive ‘isolated’ and nostalgic rural character, with strong

views across to the Long Forest Nature Conservation Reserve to the east and north-

east and across the escarpment to the hills of the Bacchus Marsh Valley (refer

Photograph 10).

PHOTOGRAPH 10: VIEWS FROM BUCKLEYS ROAD ACROSS TO THE BACCHUS MARSH HILLS



9.2 AMENITY & LIFESTYLE CHOICE

The area’s natural character, and unique character, provides the opportunity for

Bences Road to develop as a ‘niche’ rural lifestyle precinct, offering a completely

different type of living environment to the other rural residential areas in the

Moorabool municipality (such as the hills around Darley) (refer Photographs 10 - 13).

PHOTOGRAPH 11: BENCES ROAD ESCARPMENT, WESTERN EDGE OF PLATEAU

PHOTOGRAPH 12: VIEWS ACROSS BENCES ROAD PLATEAU

Photograph taken from intersection of Bences and Buckleys Road, looking east.



PHOTOGRAPH 13: FLANAGANS DRIVE

Photograph taken looking south towards the Western Freeway.

Bences Road has limited existing vegetation, and in the past very little substantial

canopy tree cover or vegetation has established naturally (refer Photograph 14).

Manicured gardens and landscaping around existing dwellings provide the majority of

greenery across the top of the plateau.

PHOTOGRAPH 14: VIEWS ACROSS THE BENCES ROAD PLATEAU

Photograph taken from Buckleys Road looking south-east.



Across metropolitan Melbourne, the amenity of lifestyle living precincts is often driven

by their green, leafy character, proximity to high-quality open space, and general

‘bush’ feel. Parts of the Shire of Yarra Ranges, Cardinia, Casey and Nilumbik are

renowned for this type of lifestyle and dwelling choice.

On the basis of anecdotal evidence, including the current distribution of significant

vegetation across the plateau and from discussions with long-term residents and

community members, it would seem that Bences Road is unlikely to develop the leafy

or bushland character reminiscent of other high-quality lifestyle living areas. Bences

Road will therefore need to develop a completely different rural residential character

in order to attract new households, and establish its own unique profile as a preferred

lifestyle choice.

9.3 PRINCIPLES FOR THE DEVELOPMENT PLAN

In addition to the Recommendations set out in Section 8.2, and the vision outlined

above, the Development Plan for the Bences Road precinct should seek to achieve

the following:

Maximise residential amenity by optimising the area’s natural character and

environmentally significant assets;

Minimise loss of high habitat value vegetation across the precinct, in particular

by preserving remnant vegetation at the eastern edge of the precinct;

Optimise development yields, to ensure a profitable development opportunity is

provided, on the condition that the best possible environmental outcomes and

high-quality residential amenity outcomes are achieved;

Provide a fair and equitable process for funding of infrastructure, including

preparation of a development contributions plan to equally apportion costs per

lot;

Timely delivery of service infrastructure to ensure the integrated development of

the plateau, and deliver a high-amenity residential outcome from the outset;

A well-planned public open space network that ensures:

the amount of environmentally significant land transferred from public

to private ownership is maximised;

a linear open space network is provided to optimise residential

amenity throughout the precinct;

wildlife corridors are planned in conjunction with the linear reserve

network; and

natural drainage lines, easements and remnant flora and fauna are

incorporated into the public open space system.

Management of domestic animals to minimise the loss of wildlife from predation

both within the precinct and in the Long Forest Nature Conservation Reserve;



Enhance the landscape value of the plateau, through provision of a native

vegetation planting scheme that creates strategic landscape buffers along road

reserves and in the proposed open space network. A proposed landscaping

scheme showed complement key vistas, identified in a site context assessment.

Provision of a landscaping scheme that addresses fencing, vegetation of private

property and native planting requirements, wildlife corridor landscaping and

habitat provision; and

Minimisation of fire risk, through careful placement of building envelopes,

particularly for land adjacent to the Long Forest Nature Conservation Reserve.

9.4 NON-PLANNING IMPLEMENTATION ACTIONS

A number of non-planning implementation actions will assist in ensuring the

development of the Bences Road plateau maximises residential amenity,

environmental value and long-term community value. Council may need to play a

facilitation role to engage with various stakeholders to ensure the best possible

outcome for the plateau.

These actions may include to:

Engage in ongoing discussions with the Department of Sustainability and

Environment and the Department of Planning and Community Development to

develop alternative public acquisition options for environmentally sensitive and

significant land;

Negotiate with VicRoads the best possible alignment of the future Bacchus

Marsh bypass road if indeed it is confirmed to connect to Diggers Rest Road via

Bences Road), to minimise amenity impacts on the highest amenity and

environmentally significant areas at the edges of the plateau;

Encourage the development of an environmentally-focussed culture amongst

the resident community of Bences Road, by encouraging linkages with the

Friends of Long Forest community group and active participation in revegetation

and land care activities; and

Ensure sound land and fire management practices are achieved in the precinct

through maintenance of the subdivision and inappropriate use of the land does

not occur. This may be achieved through an ongoing engagement between the

Country Fire Authority and residents, and by Council monitoring compliance

with the planning provisions.



9.5 STAKEHOLDER ENGAGEMENT & PARTICIPATION

In further development planning of the precinct it is recommended that a

collaborative, cross-disciplinary Project Team is established, in addition to a Steering

Committee to oversee the study.

9.5.1 Steering Committee Establishment

The purpose of the Steering Committee is to oversee the project from, and should

involve management-level representation from the relevant authorities and State and

Local Government Departments, in addition to Local Councillors.

The following organisations should be involved in the preparation of a detailed

development plan for the precinct:

Department of Planning & Community Development;

Department of Sustainability & Environment;

Department of Infrastructure;

VicRoads;

Western Water;

Southern Rural Water;

Parks Victoria;

Council, including:

nominated Councillors;

Executive Manager Planning & Building; and

Manager Sustainable & Strategic Development.

Representatives of landowners in the precinct should be offered the opportunity

to participate in the Steering Committee. Further discussion should occur in

relation to the number of elected or rotating representatives to be involved;

Consultants engaged by either Council or Landowners should also participate in

the Steering Committee forum.

9.5.2 Project Team Establishment

The purpose of establishing a dedicated Project Team is to provide cross-

disciplinary, specialist advice to feed into the detailed development planning process

for the Bences Road Precinct. The Project Team will ensure the wide range of

specific issues raised in this study is addressed in further planning.

Officers from each of the Departments and Organisations involved in the Steering

Committee would be involved in the Project Team. Representation from Council

Departments including Community Services, Compliance & Environment, and Works

would also be required in order to address some of the issues for resolution outlined

in Chapters 7 and 8 of this report.



It is also recommended that representatives from the Country Fire Authority, the

relevant Catchment Management Authorities and the Bacchus Marsh District Trails

Advisory Committee are invited to participate in the Project Team.

In the preparation of the development plan, the Project Team will also ensure that a

sustainable development and management framework is prepared for the Bences

Road precinct. This will enable the ongoing management of environmental issues

affecting the area, including pest control, domestic animal and wildlife management,

and maintain the quality of vegetation and remnant habitats.

Particular importance should be placed on the ongoing management provisions put

in place by the planning process, as ultimately, this will have a significant bearing on

the quality of life and level of amenity offered by the plateau.

The Project Team should be engaged throughout the study process, including at the

following key points:

the development of the study brief;

workshops to prepare the plan (including presentations from specialists

representing each organisation and consultants undertaking background

studies and the overall project);

drafting of the development plan;

non-statutory community exhibition;

finalisation of the plan; and

the statutory consultation process to implement the plan.

9.5.3 Community & Landowner Consultation

A detailed consultation plan should also be drawn up at the outset of the

development planning process, to enable all landowners and interested community

members (including the Friends of Long Forest community group) to be involved in

the planning of the plateau.

In particular, provision should be made for representation on the Steering Committee,

and engagement in workshops to prepare the plan, the non-statutory exhibition

following preparation of a draft plan, and the final statutory consultation process that

will ultimately facilitate the development of the plateau.

9.5.4 Benefits of the Approach

The proposed stakeholder engagement approach is to maximise involvement in the

preparation of the strategy and ensure the study is rigorous and well-informed. It will

also enable the wide range of concerns that require much more detailed studies and

planning to be resolved, and ensure all parties have a strong understanding of the

issues affecting the plateau, and the rationale behind the plan.



Given the contentious nature of the development of the plateau, the process of

engagement will need to be carefully managed. However, the issues that remain

unresolved are largely due the need for further feasibility studies and costings of

infrastructure requirements. The studies required to resolve these issues are likely to

present clear findings, in which case, the existing provisions of State and Local Policy

provide a clear outline of principles that need to be achieved in the development of

the plateau.



10 CONCLUSION

The development of the Bences Road plateau is the legacy of historical planning for

the precinct, which identified the area as a future low-density rural environmental

living precinct as early as 1990. If the potential for the site to be developed was being

considered today, without such a historical context, the proposal for the area to be

subdivided would be unlikely to be seriously entertained.

Given the historical planning precedent, it is accepted that a level of subdivision will

occur on the plateau. Concurrently, however, it is critical that a number of

environmental and landscape values and maintained and enhanced in the

development of the area.

State and Local Planning policy outlines a strong framework of principles for the

development of rural residential precincts, and emphasise importance of maintaining

the catchment, vegetation, wildlife and landscape values of environmentally sensitive

areas as they develop.

The scope of this study was to provide an overall development framework for the

future subdivision of the plateau. It has effectively defined the future developable

area, examined options for the extent of development supportable in the precinct and

analysed a number of issues that must be resolved prior to the subdivision of the

precinct.

Two development options have been identified for the Bences Road area. The first

development option is whereby development is constrained by the existing sewer

infrastructure capacity, yielding 384 lots. The second development option is whereby

the sewer is duplicated and the existing average lot density (set out in Clause 35.06

(DSE 2007b) constrains development, enabling over 580 lots to be developed.

The outstanding issue for resolution is what level of development is feasible on the

plateau that maintains its rural character. The need for developer contributions to

fund infrastructure and works, open space and upgraded community facilities must

also be taken into consideration in examining the viability of development options.

The development yield of the precinct will ultimately depend upon the viability of

infrastructure and contributions costs, which will be reflected in the extent of open

space contributions, road and service infrastructure that can be delivered. In

particular, the viable development yield will have a significant bearing on the open

space network, including the extent of its distribution and the future road network

layout. Both of these elements will be resolved in the preparation of a detailed

framework plan that illustrates the future structure of the residential areas including a

more detailed distribution of densities, lot configuration, road network and open

space system.



In addition, to ensure the development and maintenance of a high-quality rural

residential area, with a strong environmental focus, the ongoing maintenance and

management of the area must be addressed in more detailed planning of the

precinct. While this will ensure the natural features of the plateau are optimised and

the environmental objectives are achieved, it also integral to Bences Road

developing into an attractive, high-quality, alternative lifestyle and housing choice for

Moorabool residents in the longer-term.

State Planning Policy (refer DSE 2006d) provides for the preparation of a hierarchy of

plans for the development of an area, in order to ensure that the issues affecting a

future development area and the strategic objectives of State and Local Policies are

achieved. In line with these provisions, it is recommended that the complex issues

raised in this study are addressed at a whole-of-precinct level in more detailed

development planning for the Bences Road area. The greatest benefit to developers

and the community in the short and long term, will be delivered if the potential lot

yield of the precinct and environmental outcomes are optimised in finalising the

structure of a future residential community at Bences Road.



B I B L I O G R A P H Y

Brett Lane & Associates, 2004: Flora and Fauna Overview: Bences Road, Darley,

Brett Lane & Associates - Ecological Research & Management, Carlton North,

November 2004.

Chris Dance Land Design and Contour Consultants, 1990: Bences Road, Bacchus

Marsh Outline Development Plan, Prepared for the Shire of Moorabool, Melbourne.

Department of Natural Resources & Environment, 2002: Victoria’s Native Vegetation

Management: A Framework for Action, Department of Natural Resources &

Environment, Victorian State Government, Melbourne.

Department of Natural Resources and Environment, 1996: Midlands Forest

Management Area: Forest Management Plan, Department of Natural Resources &

Environment, Victorian State Government, Melbourne, December 1996.

Department of Sustainability and Environment 2003: Rural Zones Review: Project 2:

Development Controls (Subdivision and Buildings and Works) Report, Department of

Sustainability & Environment, Victorian State Government, Melbourne.

Department of Sustainability and Environment 2004a: New Zones for Rural Victoria:

Advisory Note, Department of Sustainability & Environment, Victorian State

Government, Melbourne, June 2004.

Department of Sustainability and Environment 2004b: Ballarat Region Action Plan

Report: A Strategic Review, Department of Sustainability & Environment, Victorian

State Government, Melbourne, June 2004.

Department of Sustainability and Environment 2006a: Rural Residential

Development Guidelines – General Practice Note, Department of Sustainability &

Environment, Victorian State Government, Melbourne, October 2006.

Department of Sustainability and Environment 2006b: Clause 35.06 Zoning

Provisions: Rural Conservation Zone, Amended 31/0/2006 VC43.

Department of Sustainability and Environment 2006c: Code of Practice for Fire

management on Public Land (Revision 1) 2006, Department of Sustainability &

Environment, Victorian State Government, Melbourne, January 2006.

Department of Sustainability and Environment 2006d: State Planning Policy

Framework: Clause 14 - Settlement, Amended 19/01/2006 VC37.

Department of Sustainability and Environment 2006e: State Planning Policy

Framework: Clause 16 – Housing, Amended 17/09/2007 VC37.

Department of Sustainability and Environment 2006f: Clause 35.03 Zoning

Provisions: Rural Living Zone, Amended 19/01/2006 VC31.

Department of Sustainability and Environment 2006g: Clause 32.03 Zoning

Provisions: Low Density Residential Zone, Amended 09/10/2006 VC42.



Department of Sustainability and Environment 2006h: Planning and Environment Act

Direction No. 6: Rural Residential Development, Victorian State Government,

Melbourne, Introduced July 1992, Amended October 2006.

Department of Sustainability and Environment 2007a: Applying the Rural Zones

Planning Practice Note, Department of Sustainability & Environment, Victorian State

Government, Melbourne, March 2007.

Department of Sustainability and Environment 2007b: State Planning Policy

Framework: Clause 15 - Environment, Amended 17/09/2007 VC45.

Gibson H, Stokans E & Kay E, 1999: Moorabool New Format Planning Scheme:

Report of the Panel and Advisory Committee, March 1999.

Golder Associates, 2004: Environmental Opportunities and Constraints: A

Discussion Paper for the Bences Road Local Structure Plan Bacchus Marsh, Golder

Associates, Melbourne.

Isis Planning 2007: Moorabool Rural Strategy Plan Report – Consultation Draft,

Prepared for Moorabool Shire Council, September 2007.

Parks Victoria, 2003: Management Plan for Long Forest Nature Conservation

Reserve, Parks Victoria, Melbourne, November 2003.

Ratio Consultants, 2004: Bacchus Marsh Residential Growth Strategy, Prepared for

Moorabool Shire Council, Richmond, April 2004.

Rural Zones Review Reference Group, 2004: Report of the Rural Zones Review

Reference Group, Department of Sustainability & Environment, Melbourne.

Shire of Moorabool, 2004: Bacchus Marsh Residential Growth Strategy, Ratio

Consultants, Melbourne.

Shire of Moorabool, 2005: Bacchus Marsh District – Trails Master Plan: Issue 2004-

2005, Shire of Moorabool, Bacchus Marsh, January 2005.

Moorabool Shire Council 2006a: Municipal Strategic Statement – Clause 21.02:

Municipal Overview, Moorabool Planning Scheme, Amended 19/01/2006 VC37.

Moorabool Shire Council 2006b: Municipal Strategic Statement – Clause 21.03: Key

Issues and Trends, Moorabool Planning Scheme, Amended 19/01/2006 VC37.

Moorabool Shire Council 2006c: Municipal Strategic Statement – Clause 21.06:

Municipal Vision and Strategic Framework, Moorabool Planning Scheme, Amended

19/01/2006 VC37.

Moorabool Shire Council 2006d: Municipal Strategic Statement – Clause 21.07:

Managing Urban Growth and Development, Moorabool Planning Scheme, Amended

19/01/2006 VC37.

Moorabool Shire Council 2006e: Municipal Strategic Statement – Clause 21.10:

Management of the Shire’s Heritage and Community Values, Moorabool Planning

Scheme, Amended 19/01/2006 VC37.

Moorabool Shire Council 2006f: Local Planning Policy Framework - Clause 22.08:

Bences Road, Amended 19/01/2006.



Moorabool Shire Council 2006g: Schedule 3 to the Environmental Significance

Overlay, Amended 19/01/2006 VC37

Moorabool Shire Council 2006h: Wildfire Management Overlay, Amended

19/01/2006 VC37.

Moorabool Shire Council 2006i: Schedule 1 to the Design & Development Overlay,

Amended 19/01/2006.

Moorabool Shire Council 2007a: Municipal Strategic Statement – Clause 21.08:

Protection of the Environment and Landscape, Moorabool Planning Scheme,

Amended 02/08/2007 C50.

Moorabool Shire Council 2007b: Local Planning Policy Framework – Clause 22.05:

Landscape, Moorabool Planning Scheme, Amended 02/08/2007 C50.

Moorabool Shire Council 2007d: Schedule to Clause 35.06 Zoning Provisions: Rural

Conservation Zone, Amended 02/08/2007 C50.

BENCES ROAD AREA LOCAL STRUCTURE PLAN FINAL REPORT...the development of the area. The Local Structure Plan provides a guide for the preparation and assessment of development applications,

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