Planning Applications – Council Overturns Officers’ Recommendation on Planning Permit

At their April meeting, Council overturned the recommendation of planning officers on a permit application for a dwelling at 4/4935 Midland Highway, Dry Diggings, in a 4-3 split decision.

The proposed development is on a heavily vegetated 2.35 hectare site on Wild Cat Creek on the northwest corner of Midland Highway and Richardsons Lane.

The land is located in a Farming Zone and subject to a Bushfire Management Overlay and an Environmental Significance Overlay. It abuts a Public Conservation and Resource Zone.

The Shire’s Strategic Planning Office raised concerns that the application did not support agricultural land use and that continued fragmentation of Farming Zone land would lead to longer term food production and agricultural issues in the Shire.

Cr Bray, noting that she was very supportive of preserving biodiversity, argued that the applicant had done the right thing and expended considerable time and expense to prepare the application and that Council should recognise that effort. Otherwise, rogue developers would be inclined to do what they pleased, apologise afterwards and pay a fine.

Cr Halliday argued that the land was clearly not currently used as farming land and that clearing the land for farming would further destroy the existing biodiversity. She argued that the area was inappropriately zoned and should in future be rezoned as a rural living zone.

Cr Henderson argued for respect of the current zoning saying that the community overwhelmingly supported the retention of the current farming zones. He wondered why Council was bothering with the current Rural Strategy if it wasn’t going to take the zoning into consideration in assessing development applications.

Council passed an amended motion put by Cr Halliday to give notice of approval for the development with a number of conditions relating to wastewater, bushfire risk and environmental impact.

Councillors Simpson, Halliday, Bray and Drylie supported the amended motion. Councillors Hood, Hewitt and Henderson opposed the development.

There will undoubtedly be interesting discussions in Council in the weeks and months ahead as Council considers the Draft Rural Strategy for Hepburn Shire. The Draft Policy supports the continued operation and viability agricultural enterprises as the highest priority. New dwellings and subdivisions are only supported where direct and legitimate agricultural benefits can be demonstrated.

Current Planning applications that affect Daylesford, Hepburn and immediately surrounding communities are included in the table below. Closing dates listed for applications indicate the last date on which objections are guaranteed to be considered. Objections to planning applications will be considered after that date until a decision has been made.