C145 - ESO4

Council, in partnership with Coliban Water, prepared Amendment C145macr to make changes to the existing Schedule 4 of the Environmental Significance Overlay (ESO4) in the Macedon Ranges Planning Scheme.

ESO4 aims to protect the Eppalock Special Water Supply Catchment (SWSC) from inappropriate development and the proposed changes will not seek to alter the land affected by the ESO4 as it is considered necessary in maintaining the health of the catchment.

The purpose of Amendment C145 is to better balance the needs of the catchment with the needs of landowner and uses by:

  • focusing on requiring planning permission for development that has the potential to impact the health of the catchment, i.e. within 30 metres of the waterway and
  • increasing the number of matters that are exempt from requiring planning permission.

The ESO4 applies to the extent of the Eppalock Special Water Supply Catchment (ESWSC), which includes the Upper Coliban catchment. The ESO4 covers about a third of the Macedon Ranges including the townships of Woodend, Kyneton, Malmsbury and Lauriston, as well as all the rural land within the Upper Coliban Catchment area. The Eppalock Special Water Supply Catchment also stretches into the municipalities of Mount Alexander, Hepburn and Greater Bendigo. 

Click on image to enlarge map view.

ESO4 map

ESO4 map

(JPG, 271KB)

All affected property owners and occupiers were notified by mail.

More information about how this change could affect the management of your property and answers to some commonly asked questions about the amendment are provided in the Amendment C145macr fact sheet.(PDF, 1MB)

Supporting documentation

Exhibition documents

Clauses and schedules

Background documents

Fact sheets

Submissions

Community feedback on the amendment was invited from 13 October 2022 to 24 November 2022. 

Submissions to an amendment become public documents and are to be made available for viewing during the amendment process. Submissions received have been redacted with all personal/identifiable details removed.

All submissions were put before Council and considered at a Planning Delegated Committee meeting on 8 February 2023.

Planning Delegated Committee - 9 March 2023

At the Planning Delegated Committee of 9 March 2023 it was resolved that the Committee:

  1. Adopts the post-exhibition changes to Amendment C145macr as set out in Attachment 2.
  2. Requests the Minister for Planning to appoint an independent Planning Panel under Part 8 of the Planning and Environment Act 1987 to consider the submissions to Amendment C145macr to the Macedon Ranges Planning Scheme.
  3. Refers all submissions to Amendment C145macr to the Panel, in accordance with section 23 of the Planning and Environment Act 1987.
  4. Authorises Council officers, under section 22(2) of the Planning and Environment Act 1987, to consider any late submissions to Amendment C145 received in advance of the Panel Hearing and to refer those submissions to the Panel in accordance with item 1 above.
  5. Notifies all submitters to Amendment C145 of Council’s decision.

The Amendment included post exhibition changes made by Coliban Water, which removed the permit trigger for the construction of a fence within 10m of a waterway outlined in Schedule 4 to Clause 42.02.

Directions Hearing - 26 April 2023

The Directions Hearing occurred on Wednesday 26 April 2023, with parties representing Coliban Water, Council and one submitter.

Council's request to have the matter heard via an 'on papers' process was unsuccessful due to a submitter requesting to present their submission in-person. The 'on papers' process means the Panel member will review any unresolved submissions and provide advice and recommendations on the Amendment without the need to hold a Public Hearing.

Panel Hearing - 23 May 2023

A panel is appointed by the Minister for Planning to hear submissions about amendments to planning schemes, and to make recommendations or provide advice about if the amendment should proceed.

The Hearing for Amendment C145macr was held virtually on Tuesday 23 May 2023 via MS Teams.

Sarah Carlisle, who has significant expertise in planning, environmental, and administrative law, and social housing and strategic planning, chaired the Panel.

On 22 June 2023, Council received the Macedon Ranges Planning Scheme Amendment C145macr Eppalock Special Water Supply Catchment Panel Report (the Report) from Planning Panels Victoria. This Report provides the Panel findings and recommendations from the recent independent Planning Panel held for Amendment C145macr on Tuesday 23 May 2023.

The independent planning panel recommends Council adopt the amendment with some minor changes.  Specifically it recommends:

  1. Adopt Amendment C145macr to the Macedon Ranges Planning Scheme as exhibited, with the changes recommended in this report.

  2. Amend the exhibited Environmental Significance Overlay Schedule 4 as shown in Appendix D:

    a ) provide further clarification on what constitutes a waterway

    b ) in Clause 2.0, delete ‘restores and enhances’

    c) in Clause 3.0, remove the permit trigger for all forms of fencing

    d) in Clauses 4.0 and 5.0, remove application requirements and decision guidelines for which no clear rationale has been provided

    e) in Clause 5.0, include the following additional decision guideline: The impacts of the proposed development on the natural environment and on the quality and quantity of water in the catchment.

  3. Amend the exhibited Schedule to Clause 66.04 as follows:

    a) amend the Table in Clause 1.0 to read ‘relevant water authority authorities’ in column 3 and determining referral authority’ in column 4.

  4. Amend the exhibited Schedule to Clause 72.08 as follows:

    a) delete the reference to the Upper Coliban Integrated Catchment Management Plan, North Central Catchment Management Authority and Coliban Region Water Corporation, 2019.

Council has made the decision to release the panel report(PDF, 901KB) early.

Panel submissions and supporting documents 

Council

Coliban Water

Any additional submissions will be uploaded following the conclusion of the Hearing.

Approval - 22 February 2024

Amendment C145macr was approved by the Minister for Planning subject to a number of changes and was introduced into the Macedon Ranges Planning Scheme on Thursday 22 February 2024.

The changes include:

  • inserting a new local policy at Clause 13.02-1L (Bushfire planning – Macedon Ranges) to guide decision making within the ESO4
  • amending the ESO4 to:
    • delete the heading ‘Interpretation’ and the definition of waterway in ESO4. The definition is unnecessary given the planning scheme already provides guidance on what constitutes a waterway, albeit in an indirect manner. Clause 73 of the planning scheme states that a term used in this planning scheme has its ordinary meaning unless that term is defined in this planning scheme; or in the P&E Act or the Interpretation of Legislation Act 1984, in which case the term has the meaning given to it under those Acts unless defined differently in this scheme. Section 38 of the Interpretation of Legislation Act 1984 says that waterway means a waterway as defined in section 3(1) of the Water Act 1989.
    • replace ‘The management’ with ‘Development’, ‘focus’ with ‘support’ and insert ‘that avoid increasing the bushfire risk’ in the statement of environmental significance.
    • insert a new application requirement relating to vegetation retention and revegetation and bushfire risk
    • amend decision guidelines 1, 2, 5 and 8 and insert three new bushfire related decision guidelines
    • amending Schedule to Clause 66.04 to make minor changes to the content to ensure consistency with the Ministerial Direction - The Form and Content of Planning Schemes.

You can view all final amendment documentation on the Department of Transport and Planning amendment portal.

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