Exhibition of 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)
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:
Making a submission
Any person who may be affected by the amendment may make a submission to the planning authority (Nillumbik Shire Council).
The closing date for submissions is Monday 16 November 2020.A submission should be posted to:
Executive Manager Planning and Community Safety
Nillumbik Shire Council
Civic Drive (PO Box 476)
Greensborough VIC 3088
Alternatively, a submission can be sent electronically via email to: firstname.lastname@example.org
A submission which seeks to change the amendment and is not accepted by the planning authority will be referred to an Independent Panel appointed by the Minister under Part 8 of the Planning and Environment Act 1987.
If a submission is referred to a Panel, a Directions Hearing is likely to be held in the week commencing 22 March 2021 and the Panel hearing in the week commencing 19 April 2021.
Anyone who has made a submission which has been referred to a Panel has an opportunity to be heard.
In accordance with State legislation, a copy of every submission, redacted to remove a submitter’s personal information, will be available on this website (i.e. Participate Nillumbik) for any person to inspect free of charge for two months after the amendment comes into operation or lapses.
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 email@example.com or phone on 9433 3218.
- For information and updates on amendments to Planning Schemes, please see the following link: https://www.planning.vic.gov.au/schemes-and-amendments/browse-amendments
- For details about the planning scheme amendment process, please see the following link:https://www.planning.vic.gov.au/schemes-and-amendments/amending-a-planning-scheme
- For information in regard to Panels Victoria, please see the following link: https://www.planning.vic.gov.au/panels-and-committees/panels-and-committees