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Planning Scheme Small Lots

Councils answer to our submission to the Nillumbik Planning Scheme Review


Extracts from the above letter.
Thank you for your submission to the Nillumbik Planning Scheme Review
Council received 349 completed web surveys and 41 written submissionsIn 
addition, ten submitters addressed Council's Policy and Services Committee on 
8 March 2011. 
Having considered all submissionsCouncil resolved the following at its meeting 
of 22 March 2011:


1. Having regard to the representations made to the Policy and Services 

Committee on 8 March2011adopt the Planning Scheme Review 

ReportSeptember 2010 subject to the following change:


a) Delete the PSRR recommendation (6.2) to remove the strategy 

encouraging consolidation of titles (Clause 21.05) referred to on 

pages 17262935 and replace with the following words:

'Consider replacement of Clause 21.05 as part of Green Wedge 

management Plan Action PC1.1 which is toPrepare a concise 

paper on small lot development to recommend actions to 

discourage further rural residential development of small lots in 

the green wedge.'


2. In implementing 1 a) abovegive due consideration to 'existing use' 

rights regarding people's ability to rebuild after natural disaster or 

accidental demolition of a home or homes on undersized allotments.


3. Adopt the action priorities in Attachment 4 (Attached to this letter).



The adoption of the Nillumbik Planning Scheme Review marks the completion 
of this project. Council will now pursue implementation of the prioritised action 
plan over the next four years; which includes either amendments to the 
Nillumbik Planning Scheme, or further strategic work to investigate identified 
issues.

It is important to recognise that these future actions will be subject to further 
public exhibition, allowing the public an opportunity to comment on more 
specific proposals.

SUBMISSION TO NILLUMBIK SHIRE COUNCIL

DRAFT PLANNING SCHEME REVIEW.

 8 March 2011 Presentation

 The Nillumbik Ratepayers Association (NRA) objects to the Draft Planning Scheme Review in its current form and requests a Panel Hearing.

 Bushfire Royal Commission Recommendations

 Council states that it should act in accordance with these recommendations. But there is no suggested actions in this document on bushfire mitigation. There is emotive reference to ‘cutting down trees’. Yet for sensible  bushfire mitigation there is generally no need to cut down trees.

 Ability to rebuild if a home burns down.

 There is no guarantee you can rebuild if your home is destroyed by fire in circumstances other than the 2009 bushfires, particularly if you happen to live on a ‘small lot.’ The NRA recognizes that Nillumbik Council does not have the ability to change the existing Clause 63.10 ‘Damaged or destroyed buildings or works,’ but Council does have the ability to lobby the State Government to protect the community’s rights should their home be burnt.

 Conclusion 6 of the Draft Planning Scheme Review states that rural residential development on small lots in the Green Wedge will be ‘strongly discouraged.’ (the strongest wording allowed in the planning scheme)

This is threatening to the peace and security of residents who are extremely worried in the event that their home was to be destroyed by fire or some other event. 

·        The NRA requests Council write to the State Government outlining this concern and requesting it be amended to give everyone in the community a guaranteed right to rebuild if their home is destroyed by fire or some other event. 

Council should be honest and refer to these ‘small lots’ for what they actually are and that is lots under the minimal subdivisional size for that area. That could be 19  acres in a 20 acre zone or 99 acres in a 100 acre zone. These are often are referred to as small lots or small lot subdivisions by council? ie one house per lot.

An example may be a resident has lived say for 15 years on 17 acres in a 20 acre zone  and his house is 51% destroyed then he has no right to rebuild.

 Another example is a recent purchase of house and land with a mortgage of say $300,000 and that house is destroyed then he is left with vacant land with no value and a mortgage and no roof over his head.

 This Policy devalues Green Wedge land by $100s of $1000,s of dollars. What effect will this have on our rates?

 Brian Murray

 Director

 Note Council advised there is not option for a Panel hearing.



SUBMISSION TO POLICY & SERVICES COMMITTEE

PLANNING SCHEME REVIEW PS.002/11.         8 MARCH 2011.                     

 I take no comfort from the Officer’s assessment of my previous submission to this Planning Scheme Review and wish to strongly reinforce my objection.

 Consolidation of Titles

Isn’t this trying to revisit Amendment C55 which was rejected by the current Council and the rejection upheld by the Minister for Planning?

 You state that Council’s existing policies seeking to encourage consolidation of titles have been ‘largely ineffective. Yet you say the intention of the recommendation before you tonight is to maintain this objective and to pursue other strategies for its achievement.

 I believe you are out of order and exceeding your authority by trying to enforce consolidation of titles. You are trying to remove legal property rights and you will continue to fail in this endeavour. You can make things extremely difficult for the unwary but ultimately you will fail.

 I am requesting that the legal advice you have obtained to confirm your ability to enforce consolidation of titles be made public and I request a copy be posted to me personally.

 Small Lot Development.

The motion up for consideration tonight recommends preparing ‘…a concise paper on small lot development to discourage the further rural residential development of small lots in the green wedge.’

 I repeat my earlier comment, I believe you are out of order and exceeding your authority by trying to trying to remove legal property rights and you will continue to fail in this endeavour. 

  • This submission is also to be treated as a letter to the Chief Executive Officer  as I wish to be forwarded a copy of the legal advice Council has obtained in regard to confirming its ability to enforce consolidation of titles. I would appreciate this advice as soon as possible.                                                                                            

 ANNE STONEMAN




Nillumbik Council's Current Planning Scheme Review proposes to change the items 
below as part of a move to limit development in the Green Wedge by using the VBRC 
findings as a reason.
The changes could adversely affect most ratepayers in the rural zones of the Green Wedge.
Due to changes to the planning scheme over years to stop subdivision the majority, 81%, of  
properties residents live on now are under the minimum lot size. 

Planning Scheme Review
4.2 Planning Permit Analysis

As noted previously, the 2009 Victorian Bushfires Royal Commission has
recommended that development be discouraged in "high risk" bushfire prone areas,
and this includes many rural parts of the Shire. The draft Green Wedge Management
Plan also discourages the development of small lots in rural areas.

Conclusion 6
Introduce a local policy (or similar) to strongly discourage rural residential
development on small lots in the Green Wedge
. If the State Planning Policy
Framework is modified to allow the introduction of a minimum lot size requirement,
use this mechanism to discourage small lot development for rural residential
purposes.

In conclusion 6 above there is no mention of High Risk bushfire prone areas. Small lots should be lots where a defendable space could not be created within the lot or with the agreement of neighbouring lots. An undersize lot, which could be up to 39ha, should not be classed as small.

Ability to rebuild if a home burns down. 

The people who lost their homes in the 2009 bushfires, are guaranteed the right to rebuild under Clause 52.39.  There is no guarantee you can rebuild if your home is destroyed by fire in circumstances other than the 2009 bushfires, particularly if you happen to live on a ‘small lot.’ The NRA recognizes that Nillumbik Council does not have the ability to change the existing Clause 63.10 ‘Damaged or destroyed buildings or works,’ but Council does have the ability to lobby the State Government to protect the community’s rights should their home be burnt.

Conclusion 6 of the Draft Planning Scheme Review states that rural residential development on small lots in the Green Wedge will be ‘strongly discouraged.’

This is threatening to the peace and security of residents who are extremely worried in the event that their home was to be destroyed by fire or some other event. 

  • The NRA requests Council write to the State Government outlining this concern and requesting it be amended to give everyone in the community a guaranteed right to rebuild if their home is destroyed by fire or some other force of nature.

 

Victorian Bushfire Royal Commission
SUMMARY RECOMMENDATION 39

The State amend the Victoria Planning Provisions relating to bushfire to ensure that the provisions give priority to the protection of human life, adopt a clear objective of substantially restricting development in the areas of highest bushfire risk—giving due consideration to biodiversity conservation—and provide clear guidance for decision makers. The amendments should take account of the conclusions reached by the Commission and do the following:

  • outline the State’s objectives for managing bushfire risk through land-use planning in an amended state planning policy for bushfire, as set out in clause 15.07 of the Victoria Planning Provisions
  • allow municipal councils to include a minimum lot size for use of land for a dwelling, both with and without a permit, in a schedule to each of the Rural Living Zone, Green Wedge Zone, Green Wedge A Zone, Rural Conservation Zone, Farming Zone and Rural Activity Zone
  • amend clause 44.06 of the Victoria Planning Provisions to provide a comprehensive Bushfire-prone Overlay provision.