Why is council preparing this amendment?
The amendment has been prepared at the request of Bislake Pty Ltd who is the owner of the land.
What is the 96A process?
Section 96A of the Planning and Environment Act 1987 (The Act) allows a planning permit application to be lodged and considered concurrently with a request to amend the planning scheme.
When a planning permit is lodged under Section 96A, the application is exhibited as part of the planning scheme amendment.
The notification and appeal rights provisions normally associated with a regular stand alone planning permit application, are not applicable to this process and are covered under the amendment process as guided by the Planning and Environment Act 1987.
Who makes the decision on the amendment and planning permit application?
The final decision on the amendment and combined planning permit as made by the Minister for Planning and not Council.
Council does adopts a position on the amendment. Council may support the amendment, support the amendment with changes or abandon the amendment. If there are any outstanding submissions that cannot be addressed then Councils option is also to have the amendment and permit heard by a panel, and Council will advise the Minister accordingly.
Subdivision Design
Proposed Number of Residential Lots:
The subdivision is designed to create 233 lots of varying size and will be developed in stages.
Within the design there are three lots referenced as ‘Medium Density Housing Lots’ these lots will be subject to further the development of multiple dwellings and maybe further subdivision.
Development Contributions:
The subject site is not covered by any formal development contributions overlay as found in the recently rezoned South and North-West residential growth areas.
The developer will be required to construct key infrastructure within the subdivision, including drainage sewerage, water, roads, footpaths and parks as required by conditions of the draft planning permit. The developer will also be required to upgrade some external roads along with intersections as outlined within the conditions of the permit.
Integrated Waste Water Management Facility – Targoora Park
Why is a planning permit not required for the Integrated Waste Water Management Facility?
The facility is defined as a ‘minor utility installation’ and therefore is exempt from requiring a planning permit pursuant to Clause 62.01 of the Wangaratta Planning Scheme.
What is the approval process for this Facility?
This facility must apply for a separate ‘Development Licence’ to the Environment Protection Authority (EPA). At this stage Council understands at the time of exhibition that an application for a development licence has not been lodged with the EPA yet.
Who will operate this facility?
The facility once constructed will be owned and operated by North East Water on Councils land (Targoora Park).
Condition 8 and 9 of the Draft Permit require that two legal agreements are developed and entered into prior to any final decision on the amendment.
The agreements must outline the proposed construction, funding ownership and management of the facility and one agreement will be between the Bislake Pty Ltd (The developer) and North East Water and the other between Council and North East Water.
Future Alteration of Clarkes Lane
The estate design includes an indicative future road layout (white lines) through the open space reserve (south east corner of the site). This future road would connect Clarkes lane directly to the Wangaratta-Whitfield Road and would form a perimeter road for the subdivision.
This indicative road layout at this point is proposed to be set aside as a road reserve through the draft permit conditions and is designed to reserve its future use as a ‘Potential Freight by-pass Route’. This route has been identified as a potential east-west option within Councils adopted Wangaratta Freight and Land Use Strategy 2016.
Any decision on an ultimate route is subject to further investigations that are being undertaken by Councils Infrastructure Department, prior to any community consultation and consideration by Council. Therefore, all of the options are nominated as possibilities and the design of future precincts must consider these routes as possible interfaces and respond appropriately.