C86 Lot 2 Wangaratta-Whitfield Road and Targoora Park

This planning scheme amendment is a combined planning scheme amendment made under Section 96A of the Planning and Environment Act.

A combined planning scheme amendment considers concurrently both the rezoning of the land and also a planning permit application for the use or development of the land.

This amendment specifically proposes the rezoning of:

  • Lot 2 PS744661D from Low Density Residential Zone – Schedule 1 (LDRZ1) to the General Residential Zone- Schedule 1 (GRZ1): and
  • Part of Targoora Park (330 Wangaratta-Whitfield Road, Wangaratta) from Public Park and Recreation Zone to the Public Use Zone (Service and Utility) to facilitate the construction of an integrated waste water treatment plant.

The plan below outlines the proposed zoning change.

C86 zoning map.png

 

And a Planning Permit application for:

  • The development of the land (lot 2 PS744661D) for a multi lot staged residential subdivision of the land into 233 residential lots (including 3 super lots), the removal of native vegetation, the alteration of an access to a road in a Transport Zone 2 (Wangaratta-Whitfield Road) and the removal and variation of an easement (E1).

The plan below outlines the overall development of the land proposed by the planning permit application. 

C86 overall plan.png

Further Details on the amendment including access to all of the amendment documents can be found in the drop-down menus below:

Amendment Documents

30/4/24 - Update: This page was amended to upload all of the amendment documents onto this page for ease of access.  Previously users where directed to the Department of Transport and Planning (DTP) website which officially tracks the progress of the amendment, this link is still located at the bottom of this page. 

Explanatory Report

Wangaratta-C86wang-Explanatory-Report-EXHIBITION.pdf(PDF, 557KB)

Zoning Map & Instruction Sheet

Wangaratta-C86wang-001znMaps18_24-Exhibition.pdf(PDF, 277KB)

Wangaratta-C86wang-Instruction-Sheet-EXHIBITION.pdf(PDF, 118KB)

Draft Planning Permit - PlnApp24/005

Wangaratta-C86Wang-Draft-Planning-Permit-24-005-EXHIBITION.pdf(PDF, 357KB)

Plans

Wangaratta-C86wang-Development-Plans-EXHIBITION.pdf(PDF, 35MB)

Wangaratta-C86wang-Landscape-Masterplan-EXHIBITION.pdf(PDF, 5MB)

Wangaratta-C86wang-Movement-Plan-and-Road-Details-EXHIBITION.pdf(PDF, 5MB)

Wangaratta-C86wang-Stormwater-Design-EXHIBITION.pdf(PDF, 6MB)

Reports

General Planning Report

Wangaratta-C86wang-Planning-Report-EXHIBITION.pdf(PDF, 7MB)

Bushfire

Wangaratta-C86wang-Bushfire-Report-EXHIBITION.pdf(PDF, 8MB)

Integrated Water Management Facility - Targoora Park (updated 7-5-24 to include omitted appendices)

Wangaratta-C86wang-IWM-Servicing-Strategy-Updated-EXHIBITION.pdf(PDF, 12MB)

General Infrastructure

Wangaratta-C86wang-Infrastructure-Servicing-Report-EXHIBITION.pdf(PDF, 3MB)

Wangaratta-C86wang-Stormwater-Report-EXHIBITION.pdf(PDF, 8MB)

Traffic

Wangaratta-C86wang-Transport-Impact-Assessment-EXHIBITION.pdf(PDF, 11MB)

Native Vegetation

Wangaratta-C86wang-Native-Vegetation-Removal-Report-EXHIBITION.pdf(PDF, 391KB)

Wangaratta-C86wang-Biodiversity-Report-EXHIBITION.pdf(PDF, 11MB)

Wangaratta-C86wang-Aboricultural-Report-EXHIBITION.pdf(PDF, 3MB)

 

Department of Planning and Transport website here

Public Exhibition

The amendment will be on exhibition between 5 April and 14 May, 2024.

 

Require Assistance

Please contact Councils Strategic Planning Department, we are happy to provide any assistance with any questions you may have about the amendment.

Our contact details are listed below, if you prefer a designated appointment can be made to ensure our availability.

Phone: (03) 5722 0888.

Email: strategicplanning@wangaratta.vic.gov.au

In Person: Planning Counter – Wangaratta Government Centre – Cnr Ovens and Ford Street, Wangaratta.

 

 

Making a Submission

Any person who may be affected by the amendment may make a submission to the planning authority.  Any submission must include the following:

  • A clear statement of the reasons why you either support or object to the proposed amendment and/or planning permit application; Or
  • Any changes to the amendment and/or planning permit application that request to be made. 

Submissions about the amendment must be received by COB 14 May, 2024.

A submission must be sent to either:

Email: strategicplanning@wangaratta.vic.gov.au

Mail: Attn: Strategic Planning – C86

Rural City of Wangaratta PO Box 238, Wangaratta VIC 3676

 

What happens when I make a submission?

  • All submissions received will be considered by Council at a formal meeting of Council.
  • After they have been considered, Council may resolve to refer them to a Planning Panels appointed by the Minister for Planning, for independent consideration. 
  • All submitters will be kept informed of these key stages of the process either by Council or Planning Panels Victoria either by email (preferred) or mail.

 

What is an independent Planning Panel?

The role of the planning panel is to consider the submissions received during the exhibition period, in particular submissions that object or request a change to the amendment.

Those people who have made a submission will be given the opportunity to make a presentation at the hearing. All submissions are considered by the planning panel irrespective of whether the person who has made the submission elects to be heard at the Panel hearing.  

Following the hearing, the Panel will provide their findings in a report to Council which will then be considered at a Council meeting.  All submitters will have access to the report prior to consideration by Council.

It is important to know that the independent planning panel is only a recommending authority, ie: they have no power to make a decision the planning scheme amendment.

If Council elects to not adopt any recommendation of the Panel, then Council must provide justification to the to the Minister for Planning why it did not choose to adopt the Panels recommendations.

 

Pre-Set Planning Panel Dates:

The hearing dates has been tentatively set for:

  • Directions Hearing:    Week commencing 2 September, 2024.
  • Panel Hearing:           Week commencing 7 October, 2024.

 

Frequently Asked Questions

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.