The Hepburn Planning Scheme Amendment C80hepb has completed its final step having been approved by the Minister for Planning on 10 February 2022. This delivers the Shire an updated planning scheme to guide planning and development decisions consistent with all schemes in Victoria.

This builds on significant work by Council and extensive consultation with the community over the past 3 years. Council adopted the new scheme at its March 2021 meeting following an extensive consultation process and an independent planning panel who reviewed submissions. The Amendment sets the foundations for future strategic planning work to further enhance the scheme and protect and enhance elements of Hepburn that are valued by the community.

The Hepburn Planning Scheme has not been significantly updated in over 20 years.

Planning schemes set out the way land can be used, developed and protected and guide planning and development decisions. The planning scheme affects everyone in the Shire because it outlines how and where people can develop or use their land. All land within Hepburn is affected by the planning scheme and is subject to its provisions.

The new scheme includes a Municipal Planning Strategy providing an updated, contemporary strategic framework. This makes the scheme easier to understand and navigate for all users. There are 19 new local policies providing direction on development expectations, with a new residential zone to protect towns from inappropriate development in Daylesford, Clunes, Hepburn Springs and Trentham, strengthening of neighbourhood character, and improved protection of Hepburn’s heritage and dry stone walls.

Council has funded an extensive strategic work program over the coming years to continue to enhance the Hepburn Planning Scheme include township structure plans for Creswick, Clunes, Daylesford / Hepburn Springs and Trentham.

Change	What the change provides
A new Municipal Planning Strategy (MPS) to replace the Municipal Planning Statement (MSS)	A sixteen page MPS (including five updated maps) that is more concise and clearer on important Shire-wide issues and community aspirations. The new MPS replaces the MSS in accordance with the Ministerial Direction, ‘The Form and Content of Planning Schemes’. It has specific headings, word limits and formatting requirements
Nineteen new local policies	Respond to key planning issues expressed by the community as priorities to further guide planning decisions. They are (1) Aboriginal cultural heritage (2) Affordable housing (3) Catchment and land protection (4) Central Springs and Lake Daylesford Reserve, Hepburn Mineral Springs Reserve and Lake Jubilee Reserve environs (5) Diversified economy (6) Environmentally sustainable development. (7) Infrastructure design and provision (8) Heritage (9) Landscape management (10) Mineral springs and fresh water springs protection (11) Native vegetation and habitat protection (12) Neighbourhood character in Daylesford (13) Neighbourhood character in townships and settlements (14) Open Space (15) Protection of agricultural land (16) Subdivision (17) Sustainable agricultural enterprises (18) Townships and settlements (19) Urban design
Zones: The changes to the zones more efficiently apply the current township structure plans and strategic directions.
Zones: the following are unchanged: Most existing zones (e.g. Farming, Commercial, Industrial, Low Density Residential and Rural Conservation). Small settlements including Glenlyon to retain the Township Zone schedule.
Zone changes in Creswick	Introduce specific General Residential Zone (GRZ) schedule with objectives around character, design, landscape and heritage added from the Creswick Structure Plan, 2006.
Zone changes in Clunes	Changes from Township Zone (TZ) to Neighbourhood Residential Zone (NRZ) with 9 metre height limits and specific objectives around character, design, landscape and heritage added from the Clunes Structure Plan, 2006.
Zone changes in Hepburn Springs	Changes from GRZ to NRZ with 9 metre height limits and specific objectives around character, design, landscape and heritage added from the Hepburn Springs Structure Plan, 2006 Includes the Hepburn Mineral Springs Reserve in a Public Park and Recreation Zone.
Zone changes in Trentham	Changes from TZ to NRZ with 9 metre height limits and specific objectives around character, design, landscape and heritage added from the Trentham Structure Plan, 2006.
	Changes road zones in Trentham to accurately reflect their designation as managed by Regional Roads Victoria.
Zone changes in Daylesford	Changes from GRZ to NRZ with 9 metre height limits and specific objectives around character, design, landscape and heritage added from the Daylesford Structure Plan, 2006.
	Changes the Lost Children’s Memorial Park from a General Residential zone to a Public Park and Recreation Zone to accurately reflect its use.
Overlays: The changes remove duplication/redundant overlays and create new overlays where there is justification
Overlays: the extent of the following are unchanged: The Significant Landscape Overlay, Vegetation Protection Overlay, Erosion Management Overlay, Environmental Audit Overlay, Restructure Overlay and Land Subject to Inundation Overlay.
Updates to Shire wide Overlays	Retains the Heritage Overlay to all heritage places with clearer application requirements.
	Retains the Environmental Significance Overlays 1 and 2 to protect the Shire’s water catchment and mineral springs assets and updates permit requirements and exemptions.
Overlay changes in Creswick area	Removes redundant Development Plan Overlay from WD Seeds land removing duplicated requirements.
Overlay changes in Clunes area	Nil.
Overlay changes in Trentham area	Adds local heritage protection to HO988 for ‘Potato Huts’ in Little Hampton and Trentham.
Overlay changes in Daylesford	Splits the two existing Neighbourhood Character Overlay (NCO) Schedules into six separate schedules providing one schedule per precinct. The schedules will more accurately reflect the (still relevant) Daylesford Neighbourhood Character Study, 2002.
	Removes Design and Development Overlay (DDO) areas from land that currently doubles up with the NCO controls.
	Removes the redundant Development Plan Overlay from the former Daylesford Abattoir site.
General and Operational Provisions
Adds a background document	Adds the Hepburn Heritage Strategy 2020-2030 as a background document to support planning decisions, updates and removes redundant background documents.
Extends protection of dry stone walls	Extends the protection to all dry stone walls across the Shire regardless of when they were constructed. This will now include dry stone walls constructed before 1940.
Administrative changes	Updates to clauses to clarify wording and content are proposed throughout the scheme so that they meet the requirements of the Ministerial Direction, ‘The Form and Content of Planning Schemes’.

What is a planning scheme and what does it control?

A planning scheme sets out the way land can be used, developed and protected, and guides planning and development decisions. The planning scheme affects everyone in the Shire because it outlines how and where people can develop or use their land.

All land within Hepburn is affected by the planning scheme and is subject to its provisions.

The planning scheme includes state, regional and local planning policies, strategies and provisions set out in a Planning Policy Framework (PPF). It is effectively a ‘legal tool box’ that implements the state, regional and local policies and strategies. The ‘tools’ or provisions include zones, overlays, particular provisions and general provisions.

What was the Amendment informed by?

The Amendment was developed in response to the findings of the Hepburn Planning Scheme Review, 2020. The Review looked at the current planning scheme and how it was working. The Review recommendations were based on three components which included a:

• Data and evidence report.
• Community consultation and stakeholder engagement report.
• Planning scheme audit report.

The review was then used to prepare a planning scheme amendment to guide the future of land use and development within the municipality over the coming years.

Councils as planning authorities need to regularly review their planning scheme and provide sound, strategic and coordinated planning of land use and development.

You can view the Hepburn Planning Scheme Review documents on the webpage at https://www.hepburn.vic.gov.au/planning-building/hepburn-planning-scheme-review/.

When will the further strategic work commence?

As part of the Review and in adopting the C80hepb Amendment, Council has endorsed a program of further strategic work to underpin the further development of the Hepburn Planning Scheme over the next 5 – 10 years. These future strategic projects include township structure plans, an agricultural land study, heritage studies and vegetation / biodiversity reviews. They will include broad community and stakeholder involvement and help to fill gaps in the existing evidence and strategic base for the planning scheme. The timing for the preparation of these studies will be subject to normal Council budget processes.

Will this be our planning scheme forever now?

No. Planning schemes should be regularly updated to ensure they meet the needs of the community and there will be future amendments and planning scheme reviews.

How does this effect my existing planning application?

Your application will be assessed under the new planning scheme from the date of gazettal.

There are no transitional arrangements for applications lodged before the amendment was gazetted.

During 2021, Council has been assessing applications against both the existing and proposed planning scheme. This is because the proposed scheme becomes a seriously entertained planning proposal once adopted by Council and must be considered in the assessment of any planning application.

How will this amendment impact my current use or permit?

If your current land use is lawful under the existing planning scheme, there will be no effect from the amendment. Existing permits are also not affected by the proposed changes, although amendments to existing permits may be affected.

Where can I see the new planning scheme?

The Hepburn Planning Scheme is located on the Department of Land, Water and Planning website.

Access an online version of the Hepburn Planning Scheme.

How do the zoning changes in the townships impact development?

In Daylesford, Clunes, Hepburn Springs and Trentham, the amendment changes the Township or General Residential Zone to a Neighbourhood Residential Zone. This places a maximum building height of 9m in place in these zones. This aims to protect the important neighbourhood character of these townships. A range of development considerations were also placed in the schedules to these zones to protect the character of these important towns. These changes do not impact Low Density Residential Zones in these townships.

Changes to the zones were not included in Creswick at this time. Council has determined that a Structure Plan should be prepared for Creswick first and that the controls over development be reviewed as part of that process.

What will the new Heritage policy mean?

The new Heritage policy provides greater clarity on Council’s expectations for development applications in the heritage overlay. This will ensure Council has all the information to undertake an informed assessment process.