Exhibition of Moorabool Planning Scheme Amendment C103moor– Hopetoun Park North

A full explanation of Amendment C103 can be found in the Explanatory Report and supporting documents on this webpage, or at the Department of Transport and Planning www.planning.vic.gov.au/public-inspection.

The Neighbourhood Residential Zone is the most restrictive residential zone either due to development constraints or the need to protect an identified neighbourhood character of an area.  

A schedule to the Neighbourhood Residential Zone is proposed in Amendment C103 to provide specific guidance by setting out the following purposes:  

• To recognise areas of predominantly single and double storey residential development. 

• To manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics. 

• To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. 

The Development Plan Overlay Schedule 8 guides proposed subdivision and development to meet the following purposes:  

• To guide and facilitate a staged master-planned development of the land.  

• To ensure the identification and effective management of areas of environmental, heritage and landscape significance.  

• To provide an appropriate transition between the new residential growth area and the existing low density residential development at Hopetoun Park.  

• To enhance the amenity, safety and liveability of the existing development at Hopetoun Park, through increased services and infrastructure delivered in the growth area.  

• To implement measures to mitigate potential environmental and bushfire impacts. 

A development plan must satisfy all requirements specified in the schedule and must include a masterplan generally in accordance with Map 1 to the schedule (see below) 

The planning scheme is a statutory document that sets out the objectives, policies and provisions relating to the use, development and protection of land. 

A planning scheme amendment may involve a change to a planning scheme map, a change to the written part of the scheme, or both. Amendments can have significant planning implications and affect the wider community because they change the way land can be used or developed. They can also change the basis for making planning decisions in the future.

The Development Plan Overlay is a tool to ensure development across large sites is well coordinated and managed. It requires a landowner to first prepare a Development Plan (or Masterplan including detailed guidance around movement, open space and development). Once a Development Plan has been prepared, it becomes the masterplan for the area, and development needs to be consistent with the plan. Future permits are not required to be publicly advertised as long as they are in accordance with the Development Plan and Development Plan Overlay.

Once exhibition finishes, all submissions will be reviewed and where possible we will seek to resolve issues raised in submissions.  

Following exhibition of the amendment, Council has three options under the Planning and Environment Act 1987 to either: 

1. adopt the amendment (where all submissions are resolved), 

2. abandon the amendment, 

3. refer the amendment and submissions to an independent planning panel.  

Officers will notify all submitters of any Council meetings relating to the amendment.  

More information about the amendment process is available here   

All individual submissions will be acknowledged in writing.  Following the exhibition process, section 23 of the Planning and Environment Act 1987 requires Council to consider all submissions made to the amendment and either: 

• change the amendment in the manner requested in any submissions; or 

• refer the submissions to an independent Planning Panel appointed under Part 8 of the Act; or 

• abandon the amendment or part of the amendment. 

A panel is appointed by the Minister for Planning to hear submissions about amendments to planning schemes, and to make recommendations or provide advice about if the amendment should proceed. 

It will have one or more members, depending on the issues involved. The basic role of a panel is to: 

• give submitters an opportunity to be heard in an informal, non-judicial manner. 

• give expert advice to the planning authority (in this case Moorabool Shire Council) about an amendment and about submissions referred to it. 

Council must consider all submissions and the panel report, and then decide whether to adopt or abandon the amendment. If Council adopts the amendment, it will need to submit the amendment to the Minister for Planning for consideration and decision.