Corrections Amendment (Amendment C97)

Council keeps a record of any anomalies and errors that are identified within the Mount Alexander Planning Scheme. The errors are identified either by landowners, or planning officers throughout assessment of planning permit applications. The most recent corrections amendment Council undertook was Amendment C77, which was published in the Government Gazette on 13 October 2016. Amendment C97 proposes to correct errors that have been identified since Amendment C77.

The majority of the errors and anomalies identified within the planning scheme are related to the application of the Heritage Overlay, and the properties listed in the Schedule to the Heritage Overlay.

Some examples of corrections included within the amendment include:

• Properties lacking heritage overlay application in the mapping where it is required (i.e. where the property is listed in the Heritage Overlay schedule, but is not shown on the planning scheme mapping)
• Heritage overlay mapping is inaccurate (not consistent with property boundaries or buildings which are being protected)
• Heritage overlays no longer required where heritage building has been demolished and no longer exists
• Properties listed more than once in schedule (duplicates)
• Incorrect addresses (both street names and numbers) listed within the schedule
• Clerical errors within schedule
• Along the Calder Freeway area, deletion of Public Acquisition Overlay where the land has since been acquired (and road constructed), and application of the Road Zone Category 2.

What has occurred up until now?

At the Ordinary Meeting of Council on 20 April 2021, Council resolved to:

• Seek authorisation from the Minister for Planning to prepare a planning scheme amendment;
• Delegate to the Manager Development Services the ability to prepare and submit background information (including planning scheme maps) to support the planning scheme amendment;
• Resolve to exhibit the planning scheme amendment following authorisation from the Minister for Planning to prepare the amendment (should it be advised that exhibition of the amendment is required).

On 20 December 2021, Council was notified that the Minister for Planning and Department of Environment, Land, Water and Planning (DELWP) authorised Council to proceed with the amendment, subject to conditions.

The amendment was on public exhibition for a period of four weeks from Friday 4 February 2022 until Friday 4 March 2022 during which submissions were received from the public.

Where are we now?
These submissions were considered at the ordinary Council meeting scheduled for Tuesday 17 May 2022, at which Council resolved to:
1. Consider all submissions made to Mount Alexander Planning Scheme Amendment C97malx in accordance with Section 22 of the Planning and Environment Act 1987;
2. Accept two late submissions (late submission #1 and late submission #2) as allowed under Section 22(2) of the Planning and Environment Act 1987;
3. Endorse the proposed changes to the amendment documentation in line with the officer recommendations outlined within this report;
4. Resolve to request the Minister for Planning to appoint a planning panel to consider all submissions (including late submissions) to Amendment C97 in accordance with Section 23(1)(b) Planning and Environment Act 1987; and
5. Abandon part of the amendment in accordance with Section 28 of the Planning and Environment Act 1987, in line with officer recommendations outlined within this paper.

You can access a copy of the Council Meeting 17 May 2022 minutes and attachments here. Council officers will now commence preparation for the planning panel process. The planning panel is to provide recommendations to Council about the amendment, which may lead to changes to the amendment. Council then considers the amendment for adoption and refers it to the Minister for Planning for approval.

Find out more information about the planning scheme amendment process.

The amendment documentation contains a list of the specific areas and properties affected by the amendment, including the current planning controls and the proposed changes, supported by justification for this. We encourage you to take a look through this documentation to understand how the amendment affects your property.

For further information on this project, please contact Council’s Strategic Planning team on (03) 5471 1700 or email strategicplanning@mountalexander.vic.gov.au.