talking dandenong ranges issues with minister guy

localised planning statements and the bushfire management overlay

Yesterday I met with Minister for Planning, Matthew Guy, to talk in the main about Localised Planning Statements and their role in protecting the Dandenong Ranges (not to mention the broader Yarra Ranges as well).

I’ve long been concerned about the ability of councils to be able to put effective measures in place that protect and enhance what’s special about their area. It was heartening to learn that the Minister is very keen and supportive to give Yarra Ranges Council the autonomy it needs in developing a Localised Planning Statement that reflects the community aspiration for Yarra Ranges. It was good to discuss and get greater understanding on comments made by the Minister in Parliament back in August.

It was also good to hear that the Minister is determined that there be a strong and weighty planning tool to offer protection to municipalities that have special characteristics and along with Yarra Ranges, Mornington Peninsula, the Bellarine and Macedon Ranges also have the ability to develop Localised Planning Statements.

Council’s strategic planners have already commenced work on the development of the Yarra Ranges Localised Planning Statement and I look forward to further discussions with the Minister once the draft has been endorsed by council. Rest assured I will continue to work with the Minister to ensure the best outcomes for the Dandenong Ranges community.

On another note I also talked to the Minister about the unintended consequences of the new Bushfire Management Overlay (BMO) and how that is playing out in Yarra Ranges and specifically in the Dandenong Ranges. It was important to talk about the constraints, I have for a long time expressed concerns about the impact of the BMO which to me was legislation on the run, rather than a well considered and careful approach on how to meet the recommendations of the Victorian Bushfire Royal Commission.

There were a range of issues canvassed with the Minister including community aspiration to live in bush areas and the need for more flexibility within the overlay, about building to ‘flame zone’ requirements and the consideration of bushfire shelter in place options. I also talked about the constraints of meeting the vegetation defendable space clearance zones in areas with relatively small subdivisions (the Dandenongs) and conflicts with other planning controls such as the Erosion Management and Environmental Significance Overlays. We briefly discussed the CFA role in assessing defendable space and the impact of VCAT decisions on current assessment practices and the need to see reform and clarity in this area. 

It was good to have the opportunity to speak to the Minister directly about these issues as the BMO will have enormous impacts on the ability of people to build, rebuild or renovate their properties on land covered by a BMO. I look forward to seeing work in this area to meet the recommendations of the Victorian Bushfire Royal Commission but provide a sensible way forward without the unintended consequences we see at the moment.

samantha in the press

This train leaving for Rowville ... one day
by Adam Carey
The Age
5 Mar 2013

No to cockies wanting crackers
by David Schout
Yarra Ranges Weekly
5 Mar 2013

Black Saturday: Extra time sought on planning approvals
by David Schout
Yarra Ranges Weekly
5 Mar 2013

samantha in the press - planning

Fears over Baillieu's house call
Leader Newspapers
by Emily Webb
4 May 2012

samantha in the press - planning

Yarra Ranges get short shrift in planning
Yarra Ranges Weekly
by Cameron Lucadou-Wells
1 May 2012

Yarra Ranges planning uproar
Leader Newspapers
by Emily Webb
1 May 2012

samantha in the press - planning

Blast of words in Yarra Ranges hail net stoush
Yarra Ranges Weekly
by Melissa Cunningham
6 Mar 2012

Roping MPs to net minister
Mail Newspapers
by Kath Gannaway
6 Mar 2012

samantha in the press - vlga

Not happy, Minister, on rulings for Maribyrnong
Leader Newspapers
by Sarah Anderson
11 Oct 2011

samantha in the press - planning

Mooroolbark planning: shire backs fight to stop units
Yarra Ranges Weekly
by Melissa Cunningham
19 July 2011

samantha in the press - planning

Restaurant Rules
Mail Newspapers
by Casey Neill
01 March 2011

Super sign-off
Mail Newspapers
by Mara Pattison-Sowden
01 March 2011

protecting what's precious - planning in the dandenongs

report from the roundtable - 14 dec

This week's council meeting had to consider an application for an Open Billabong Garden and Foot Massage in Sassafras.

After numerous questions to the applicant, particularly around the operation of a souvenir shop shown on the plans it became apparent that this application was about more than an open garden and at the heart of the issue was the creep of commercial activities into residential areas of the Dandenongs.

I seconded a motion to refuse the application, in speaking to the motion I talked about the importance of very careful planning for the Dandenongs in relation to protecting the amenity of residents and also retaining the charm of our hills villages for tourists. It is important that commercial activities are contained within townships in the Dandenongs and our strategic policies reinforce this view.

The significant landscape overlay covering the region is explicit "the protection of the diverse landscape elements of this area would be compromised by further intensification of residential development, the spread of commercial land uses outside established town centres".

The application sought to remove many exotic trees and shrubs, impacting on the neighbourhood character of the area. Rhododendrons, Camelias, Birch and Maples are beautiful and part of the character of this region of Sassafras and residents and visitors alike admire their beauty. Our planning policies are that low density single dwelling residential use is the primary function of the region.

In relation to Commerical Development our policy is to "Protect surrounding residential and rural and green wedge areas from adverse visual and amenity impacts of business encroachment".

In relation to Tourism our policy is to "encourage tourist facilities in town centres" whilst our policy for Tourism in Green Wedge areas states "Preferred sites for commercial and other non residential uses in the Green Wedge A zone have direct access to a sealed road, and be clustered within or adjoining an established commerical area".

We don't want to see commerical creep beyond our townships, we want to keep what's precious about the Dandenongs for residents and for tourists.

The majority of councillors voted in favour of the motion with only one councillor voting against the refusal.

samantha in the press - planning

More tulip parking
Mail Newspapers
by Russell Bennett
30 November 2010

Tulip farm set to blossom
Yarra Ranges Weekly
by Elisa Miller
30 November 2010

samantha in the press - planning

Sawmiller zoned out
Mountain Views & Upper Yarra Mail
by Kath Gannaway
9 November 2010

samantha in the press - planning

Kiln noise plea heats up
Mail Newspaper
by Kath Gannaway
26 Oct 2010

samantha in the press - planning

A little of new, a lot of old
Mail Newspapers
by Russell Bennett
5 Oct 2010

samantha in the press – planning tensions in agricultural areas

Pruned plan picked

Mail Newspapers

by Casey Neill

31 Aug 2010

a shed, a factory or the modern face of floriculture?

report from the roundtable – 24 aug

At this week's council meeting we had to consider an application in Monbulk for igloos and a shed, a fair size shed at that, it measured 25mt wide x 75.5mt long and would stand at a height of 10.12mts from natural ground level.

Surrounding residents were very concerned about the amenity impacts of the shed, its size, noise and location being the key issues of concern.

There were a number of issues to take into account when considering the matter. I moved a motion to relocate the shed to a different site on the lot.

The application is yet another application that highlights the tensions that come about when agriculture and residential areas share the same space. In speaking to the motion I talked about the scale and size of the shed, it was enormous and I had no doubt it would impact on the amenity of surrounding residents.

The site has a Significant Landscape Overlay, which means it is in an area that has important amenity values and any built form must be sensitively located and must not dominate the area or sightlines, the view lines in Yarra Ranges are an important feature of our shire and must be preserved.

It would be tempting to consider refusing the application, but farming (in this case cut flowers) is an as of right use, so it was better to contemplate a compromise rather than an outright refusal. The cut flower industry (floriculture) is a key economic driver in the Yarra Ranges economy with the floriculture region of the Monbulk/Silvan area the largest in the country.

I had concerns about the process, I was surprised to learn that a planning application notice wasn't displayed on site as our planners hadn't thought it necessary, in an application like this I think it would be highly appropriate. I was also concerned that objectors letters were not forwarded to councillors and questioned the process to ensure that in future councillors would receive objection letters marked to their attention.

It is important that we preserve the amenity of the residents but at the same time encourage ongoing expansion of our agricultural industries. The relocation of the shed was a reasonable compromise which allowed a key industry to pursue its development whilst addressing the amenity concerns of the residents.

Councillors voted unanimously to relocate the shed to a more appropriate location.

in the press - planning

Shadow on shed
Ferntree Gully, Belgrave Mail
by Tania Martin
20 Jul 2010

in the press - planning

Planning leaves sawmill log jam
Upper Yarra Mail
by Kath Gannaway
20 Jul 2010

multistorey retirement village for kilsyth?

report from the roundtable – 14 apr

Council had to consider an application for a 55 unit retirement village in Kilsyth. The applicant had lodged a ‘failure to determine’ at VCAT, which means council took longer than the 60 days allowed to assess the application and make a decision. This is not uncommon with complex applications.

The proposed building was enormous, it was completely out of character with the area and at 5 levels, it represented an absolute overdevelopment of the site.

There was in inherent tragedy in refusing this application, the Shire so desperately needs retirement villages and aged care facilities. But when the neighbours are confronted with a building that stands at its highest at 11.02 metres and some of the suggestions to address overlooking include 2.8mt high fences, it is obvious that there is too much on this site and this development does not take account of its location or its neighbourhood.

Councillors were unanimous in their refusal of this big and bulky building for Kilsyth.

dacs out

report from the roundtable - 26th May
The State Government has proposed changes to the Planning Legislation Amendment Bill 2009 to establish Development Assessment committees (DACs).

The proposal is an attempt to remove councils from the planning process in activity and the widespread use of 'call in' powers for planning applications the Minister considers to be 'shovel ready'. As a further erosion of council's powers it is proposed that DACs would have 3 government appointees and 2 local government appointees, the numbers already against local government.

I was alarmed to learn of this proposal. We (councillors) have been elected as Local Government Councillors, we have been elected because our community has faith in us. By electing us our community has categorically stated they have faith in our ability to make decisions that represent the needs and aspirations of our local communities.

The establishment of DACs diminishes our ability to make decisions on behalf of our local communities and represents a loss in democratic process.

The establishment of DACs must be opposed in the strongest possible terms.

Council voted unanimously to write to the Premier and the Minister for Planning to express our concern. We will also write to our local MP, David Hodgett, taking up his offer to represent Council's position in parliament.