Nillumbik Planning Scheme Amendment C131

The Amendment proposes to amend the schedule to the Green Wedge Zone and schedules 1 to 5 of the Rural Conservation Zone to require a permit trigger for earthworks which involve the receipt, importation, stockpiling or placement of more than 100 cubic metres of fill on land within those specified zones.

Panel Hearing

The Planning Panel Hearing to consider submissions was held virtually on 30 September 2021.

Council has since received the Panel Report and can be viewed here.

A report went up to Council on 30 November 2021 to consider the Panel Report and its recommendations. It was resolved that Council:

1. Notes the recommendation of the Planning Panel that Amendment C131nill to the Nillumbik Planning Scheme be adopted as exhibited.

2. Adopts Amendment C131nill to the Nillumbik Planning Scheme as exhibited and then submits it to the Minister for Planning for approval and gazettal.

3. Notifies submitters to the Amendment of Council’s resolution on 30 November 2021 regarding Amendment C131nill and updates Participate Nillumbik accordingly.

Amendment C131 has since been submitted to the Minister for Planning for Approval and letters to submitters have been sent.

Land Affected by the Amendment

The Amendment applies to land within the Green Wedge Zone and Rural Conservation Zone (Schedules 1 – 5).

Purpose and Reason for the Amendment

There is currently no one provision in Planning Schemes to regulate the deposit of clean fill on land particularly in the peri-urban areas of Melbourne.

Council resolved at its 28 July 2020 Ordinary Council Meeting (among other matters) that Council immediately request the Planning Minister to introduce into the schedule for Green Wedge Zone and Rural Conservation Zone a 100 cubic metre limit of clean fill.

Subject to a resolution by Council at its Ordinary Council Meeting on 28 July 2020, and subsequent further resolution of the Future Nillumbik Committee on 11 August 2020 officers lodged a request for authorisation of C131nill on 17 August 2020.

On 15 December 2020, the Minister for Planning gave authorisation for preparation and exhibition of Amendment C131nill.

At its Ordinary Council Meeting on 23 March 2021 Council reaffirmed its support for the amendment.

The amendment was on exhibition from 22 April 2021 to 3 June 2021 receiving 10 submissions.

Council heard submissions to Amendment C131 at its 13 July 2021 Planning & Consultative Committee (PCC).

Subject to the PCC of the 13 July, Council resolved at its Ordinary Meeting in July to request the Minister for Planning appoint an independent planning panel to consider Amendment C131 pursuant to Section 23(1)(b) of the Planning and Environment Act 1987.

A Planning Panel was convened with the Hearing taking place on 30 September.

A more detailed explanation for Council’s proposed regulation of Earthworks in the Green Wedge is provided in the Explanatory Report for Amendment C131 to the Nillumbik Planning Scheme.

Other amendment documents are:

Notice of Preparation of Amendment C131 to the Nillumbik Planning Scheme

Instruction Sheet for Amendment C131 to the Nillumbik Planning Scheme

Final Decision

On 25 February 2022, the Minister for Planning approved Amendment C131 to the Nillumbik Planning Scheme. The amendment has been approved without changes. The amendment amends the schedule to the Green Wedge Zone (GWZ) and Schedules 1 to 5 of the Rural Conservation Zone (RCZ) in the Nillumbik Planning Scheme to require a permit trigger for earthworks which involve the receipt, importation, stockpiling or placement of more than 100 cubic metres of fill on land within those specified zones.

The Amendment will assist Nillumbik Shire to manage large earthworks and the placement of fill within the Green Wedge and Rural Conservation Zones (Schedules 1-5) allowing the Council to assess and mitigate the future risks and fill activities which are having significant environmental and amenity impacts in the Shire. Until the approval of Amendment C131, earthworks were unregulated in areas that are not subject to environmental specific planning controls and have a range of potentially negative environmental, amenity and landscape impacts. Requiring a permit for ‘earthworks’ provides Council with a mechanism to regulate them and to minimise these impacts.

The new controls have now been incorporated into the Nillumbik Planning Scheme and came into effect on the 13 May 2022 upon the amendment's publication in the Victorian Government Special Gazette.

Nillumbik Shire is now only one of two municipalities within Victoria who has these controls within their planning scheme, the other being Hume City Council.

See the following link to Amendment C131nill for further details.

If you are considering earthworks in the Green Wedge, please consult our planning team or arrange for a free pre-application meeting to discuss your plans:

Request a pre-application meeting - Nillumbik Shire Council

The submission period is now closed. Thank you.

Council received ten submissions to the Amendment.

At the July 2021 Council Meeting, Council resolved to request the Minister for Planning appoint an independent planning panel to consider Amendment C131 pursuant to Section 23(1)(b) of the Planning and Environment Act 1987.

Planning Panel was convened with the Hearing taking place on 30 September.

Privacy collection notice:

In accordance with State legislation, a copy of every submission, redacted to remove a submitter’s personal information, will be available on Participate Nillumbik for any person to inspect free of charge for two months after the amendment comes into operation or lapses.

The full content of a personal submission including any name/s is a public record and may be made available for public inspection and included in Council business papers. Contact information will be redacted. Names will not be redacted unless anonymity is expressly requested and confidentiality granted to a submission.

The full content of a submission made on behalf of an organisation in relation the amendment, including the name of the organisation is a public record and may be made available for public inspection and included in Council business papers.

Not providing the mandatory information will mean that your submission cannot be accepted.

You have the right to access and correct your personal information. Enquiries for access should be made to the Privacy Officer 9433 3271, privacy@nillumbik.vic.gov.au or PO Box 476, Greensborough Vic 3088.

Where you may inspect this Amendment

The Amendment is available for public inspection, free of charge, during office hours at the following places:

Nillumbik Shire Council Offices Civic Drive Greensborough 3088

The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at: www.planning.vic.gov.au/public-inspection.

If you have any enquiries regarding the proposed Amendment C131 to the Nillumbik Planning Scheme, including how to view the amendment and make a submission, please contact Bea Guevara, Senior Strategic Planner by email bea.guevara@nillumbik.vic.gov.au or phone on 9433 3269.

For information and updates on amendments to Planning Schemes, please see the following link: https://www.planning.vic.gov.au/schemes-and-amendm...

For details about the planning scheme amendment process, please see the following link: https://www.planning.vic.gov.au/schemes-and-amendm...

For information in regard to Panels Victoria, please see the following link: https://www.planning.vic.gov.au/panels-and-committ...