Amendment C75moyn – Rivers Run Estate

In June 2021, Council received an application under section 96a of the Planning and Environment Act 1987 (the Act) from the owner of the land at 169a and 183 Princes Highway, Port Fairy (the proponent).

The application was exhibited from 16 December 2021 until 31 January 2022 and a total 89 submissions were received.

Council considered all submissions at the Ordinary Council Meeting on 25 July 2023 and resolved to request the Minister for Planning to appoint an Independent Planning Panel to consider all referred submissions in accordance with the Act.

This application combined:

1.   a request for a planning scheme amendment to:

  • rezone the subject site from the Farming Zone (FZ) and General Residential Zone (GRZ) to the Neighbourhood Residential Zone (NRZ); and
  • apply a Development Plan Overlay (DPO);
  • remove the existing Design and Development Overlays (DDO) from the site; with

2.   an application for a planning permit to:

  • enable earthworks to be undertaken (cut and fill);
  • subdivide the land into 75 lots; and
  • construct 10 dwellings on a lot (proposed Lot 20).

Updated documents

The proponent issued a revised set of documents on 28 August 2023, referred to as the ‘Day 1 version’ which will form the basis of the Planning Panel Hearing.

The revised documents made some key changes to the planning permit application, including:

  • Removal of the townhouse development from Lot 20;
  • Reduced number of lots to be subdivided from 76 to 63;
  • Cut and fill levels amended to 2.79AHD;
  • Revised subdivision and road layout and associated changes to open space and lot sizes;
  • Amended Stormwater Management Plan, including an amended drainage basin design and functional layout plan; and
  • Amended various supporting documents to reflect these key changes.

Changes were also made to the planning scheme amendment documents to clarify parts of the amendment. Schedule 5 to the Development Plan Overlay (DPO) was amended to clarify requirements for a Section 173 Agreement for the provision of affordable housing and requirements for the DPO including a Context analysis and design response, flooding assessment and acoustic report.

The updated documents can be found here(ZIP, 132MB)

If you have any questions regarding Amendment C75moyn, please contact Council’s Strategic Planning Team on 1300 656 564, or moyne@moyne.vic.gov.au

Panel Hearing

A Planning Panel Hearing was held between Monday 2 October and Thursday 12 October 2023 to hear the referred submissions and expert evidence in relation to the amendment.

The Panel has prepared a report which considers the amendment, including all submissions, presentations during the Panel hearing, and relevant state and local policy, and provides recommendations for Council regarding the amendment.

Read the C75moyn Panel Hearing Report here(PDF, 4MB).

Next Steps

At the Ordinary Council Meeting on 30 January 2024, council accepted the planning panel's recommendations with administrative changes and adopted planning scheme amendment C75moyn.

The adopted amendment has been submitted to the Department of Transport and Planning for consideration and decision. The Minister for Planning makes the final decision as to whether an adopted amendment is approved. The minister can decide to approve the amendment with or without changes.

 

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