Land affected by the amendment

The amendment applies to part of 50 Oatland Road, Plenty 3090.

A mapping reference table is attached at Attachment 1 to this Explanatory Report.

What the amendment does

Specifically the amendment:

• Amends the Schedule to Clause 43.01 (Heritage Overlay) to apply the heritage overlay (HO271) to part of 50 Oatland Road, Plenty
• Amends Planning Scheme Map No 008 to apply the new Heritage Overlay
• Amends the Schedule to Clause 72.04 (Schedule to the Documents Incorporated in this Planning Scheme) to include a Statement of Significance for 50 Oatland Road, Plenty
• Amends the Schedule to Clause 72.08 (Backgrounds Documents) to include the citation for 50 Oatland Road, Plenty.

Why is the amendment required?

50 Oatland Road, Plenty, is historically significant for its association with the development of Plenty in the interwar years. As an intact timber bungalow built for William Charles and Priscilla Mary Lierse in c1928, originally on a 30 acre lot, it provides tangible evidence of the interwar subdivision pattern in which large rural landholdings in the Plenty area where divided for sale in allotments of 10 of 30 acres. These allotments were advertised as being equally suited to farming and fruit-growing as they were to residential purposes. In response to an increasing population in the area, this development coincided with and supported a growing Plenty town centre. Established in the 1920s, the town centre included a Primary School (HO213), Methodist Church (HO250), Store and Hall (HO248). The Lierse family were early residents in the Diamond Creek and Plenty area involved in a variety of agricultural and other pursuits. They were heavily involved in the development of community life in Plenty from the mid- 1920s.

Arthurs Creek, Doreen, Hurstbridge, Strathewen, Plenty, Diamond Creek, Yarrambat and Research became important centres for a fruit-growing industry that was based at Diamond Creek. Smaller orchardists, however, often struggled to make a living from their trees and often turned to other activities such as raising chickens, selling firewood or even working for other landowners or in goldmines, as well as tending their fruit trees. This was the case for William Charles Lierse, who was an orchardist and sanitary contractor prior to establishing a poultry farm on the property by 1943. 50 Oatland Road provides important tangible evidence of these early agricultural activities in the area. The significance of the place is enhanced by its rural setting, which maintains it street frontage and setback to Oatland Road.

The house at 50 Oatland Road, Plenty, is a largely intact representative example of a timber interwar bungalow. It has had very few changes made to the original or early built fabric across its principal elevations. Key characteristics include its asymmetric built form with projecting front room below a dominant Dutch gable roof, and an extensive wrap-around verandah under the sweep of the main roof line. The extant c1920s garage, poultry shed, and open setting evidence the use of the site as a poultry farm complex.

The significance of the property was assessed against the standard criteria contained in Practice Note 01 Applying the Heritage Overlay (August 2018) and is considered to meet the requirements and threshold for local protection through application of the Heritage Overlay. Consequently, Amendment C142nill is required to implement these findings by including the property in the Heritage Overlay.

The Heritage Overlay is the appropriate planning mechanism to protect the heritage values of the property as the Heritage Overlay requires a permit to be granted for building and works, including demolition that could affect the significance of the property.

Council Resolution to Commence the Amendment Process (Authorsiuaion)

Council Resolution

MOVED: Cr Peter Perkins

SECONDED: Cr Geoff Paine

That Council:

1. Notes the submissions to Amendment C142nill to the Nillumbik Planning Scheme.

2. Requests the Minister for Planning appoint an independent planning panel to consider Amendment C142nill pursuant to Section 23(1)(b) of the Planning and Environment Act 1987.

3. Requests that Officers notify submitters to Amendment C142nill of the Council’s resolution and update Participate Nillumbik accordingly with next steps in the Amendment process.

4. Brings the C142nill Panel report as an outcome of the Panel Hearing (once available) to a future Council Meeting for Council consideration.

CARRIED

Planning Panel Hearing

Formal exhibition of Amendment C142nill took place between 27 January 2022 and 02 March 2022 as required under Section 19 of the Planning and Environment Act 1987.

At its April Meeting Council resolved to request the Minister for Planning to appoint an independent Planning Panel to consider the Amendment, and refer all submissions to the panel appointed, in accordance with Section 23(1)(b) of the Planning and Environment Act 1987.

The Planning Panel Hearing to consider submissions to Amendment C142nill took place virtually on 12 July 2022.

Expert evidence as per the requirement of the Directions issued by the Panel were distributed in accordance with legislative requirements. Please see below the links to the witness evidence documentation provided for the hearing.

Council Statement of Evidence - 50 Oatlands Road, Plenty - GML Heritage - July 2022

Property Owner Statement of Evidence - 50 Oatlands Road, Plenty - Bryce Raworth - July 2022

In accordance with Section 26 of the Planning and Environment Act 1987, the Planning Panel report is available for public inspection. To read click here (or see in Key Documents).

Final Decision - Amendment Abandoned

Following a Council Briefing held after a Planning and Consultation Committee on the 16 August 2022, the Council at its Council Meeting on the 23 August 2022 were presented with an officer report that recommended the Council:

1. Notes that Officers under delegation requested the Minister for Planning, to exercise their power under section 20(4) of the Planning and Environment Act 1987 to prepare, adopt and approve an amendment to the Nillumbik Planning Scheme to apply the Heritage Overlay to 50 Oatlands Road Plenty on an interim basis, with the Minister subsequently approving Amendment C141nill on 14th April 2022 to apply the heritage overlay to part of the land known as 50 Oatland Road, Plenty on an interim basis;
2. Notes that the PCC under delegation at its November 2022 meeting, resolved to request authorization from the Minister for Planning to prepare and exhibit a planning scheme amendment to apply the Heritage Overlay on a permanent basis through Amendment C142nill to the Nillumbik Planning Scheme;
3. Notes the recommendations of the Panel Report for Amendment C142nill (dated 27 July 2022) and as a consequence of such recommendations, resolves to abandon Amendment C142nill;
4. Writes to the Minister for Planning, under Section 28 of the Planning and Environment Act 1987, of its decision to abandon planning scheme amendment C142nill to the Nillumbik Planning Scheme to apply the Heritage Overlay to 50 Oatlands Road Plenty on a permanent basis;
5. Requests that officers publish a notice of the decision in relation to point 3 above on Council’s website within 10 days of this decision;
6. In relation to point 1 above, requests the Minister for Planning to exercise their power under section 20(4) of the Planning and Environment Act 1987 to prepare, adopt and approve an amendment to the Nillumbik Planning Scheme to remove the interim Heritage Overlay to 50 Oatlands Road Plenty; and
7. Updates all submitters to C142nill of Council’s decision.

CARRIED

The Council unanimously resolved to carry this item. The Council’s decision to this item and the associated meeting minutes are published on Council’s website, which can be viewed through the following link.

Ministerial Decision

Subject to a Council resolution of the August PCC to abandon Amendment C142, officers lodged a formal amendment request pursuant to Section 20(4) of the Planning and Environment Act 1987 to remove the interim Heritage Overlay (HO272) from 50 Oatland Road, Plenty.

The Minister formally approved Amendment C150 on the 17th October 2022, and the land-owners were advised accordingly of the removal of the HO.

The amendment came into effect when notice of its approval was published in the Victoria Government Gazette on 18th November 2022.

If you have any further queries regarding this amendment, please contact the Strategic Planning department by email at strategic.planning@nillumbik.vic.gov.au or by phone on (03) 9433 3111.

Any person who may be affected by the amendment may make a submission to the planning authority about the amendment. Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make.

The submission period has now closed.

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...