The submission period is now closed. Thank-you

Council has received one submission to the Amendment, which is from the Environment Protection Authority Victoria (EPA)

In February 2021, Nillumbik Shire Council referred the submission to an independent Planning Panel.

The Panel has considered the submission and on 19 May 2021 the Planning Panel’s report was made publically available.

Amendment C129 to the Nillumbik Planning Scheme- Removal of the Environmental Audit Overlay from various parcels in Plenty.

Land Affected by the Amendment

The Amendment applies to the following land (affected land):

  • Nos. 18, 20, 21, 22, 23, 24, 25, 25A, 27, 29, 31, 33 and 1/35 Thornbill Drive, Plenty
  • Part of the road reserve of Thornbill Drive, Plenty

(The land was formerly known as 323 – 325 Yan Yean Road, Plenty)

The Amendment

Purpose and Reason for the Amendment

The amendment proposes to remove the Environmental Audit Overlay (EAO) that currently applies to the affected land.

The following map shows this proposed deletion or removal of the EAO

(D-EAO = removal of EAO)

Council is proposing to remove the EAO from the affected land on considering the following:

  • The EAO was applied to the affected land by the new format planning scheme in response to potential contamination from historical gold mining activity.
  • The extent of contamination on the affected land was subsequently established by an environmental audit conducted in 2000.
  • A Statement of Environmental Audit issued in 2000 identified the affected land is suitable for low density residential living subject to certain conditions which respond to the contamination.
  • A planning permit for appropriate residential subdivision of the affected land has resulted in the following actions that respond to the contamination:

- Remedial site-works have been conducted by a suitably qualified expert.
- A legal restriction has been applied to the affected land which requires all owners and occupies to implement the conditions of the Statement of Environmental Audit

  • Subject to the steps taken above, Council contends the affected land satisfies State Government direction that it may be appropriate to remove the EAO where the level of contamination is known and has been adequately responded to.
  • State Government guidelines support the timely removal of an EAO where the overlay is not required. Unnecessary application of the overlay has impacts on existing and future landowners.

A more detailed explanation for Council’s proposed removal of the EAO is provided in the Explanatory Report for Amendment C129 to the Nillumbik Planning Scheme.

Other amendment documents are:

Notice of Preparation of Amendment C129 to the Nillumbik Planning Scheme

Planning Scheme Mapping Change Proposed by Amendment C129 to the Nillumbik Planning Scheme

Instruction Sheet for Amendment C129 to the Nillumbik Planning Scheme


If you have any enquiries regarding the proposed Amendment C129 to the Nillumbik Planning Scheme, including how to view the amendment and make a submission, please contact Paul Fyffe, Senior Strategic Planner by email or phone on 9433 3218.

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