The diagram below illustrates best practice implementation of storm water management for local councils. It features the need for the careful integration with the Municipal Strategic Statement and Planning Scheme and the formulation of policy that is based on full analyses of local conditions and requirements. Readers should ask themselves how well and to what extent our council fulfills these requirements.
Stormwater Planning Controls Diagram-2
June 27, 2011 at 8:27 PM
I am greatly interested in the stormwater issue. This diagram got me intrigued and I had a look at the Glen Eira Planning Scheme provisions as per the diagram. The sections omitted were 18.09, 18.09.2, 37.03, 43.03, 44.04, 44.06. That means that of the 12 sections 6 are omitted! What does that mean?
I also don’t know if the provisions that are there in the Glen Eira Planning Scheme means a lot. The levy impacts upon Section 43.04 and 44.05. But what the impact is, is not explained by the document for the Councillors. Below is a transcription of VPP in Glen Eira Planning Scheme. It’s gobblegook to me! Can anyone explain please? I suspect that it means little to the Officers as well. So why bother with a levy at all?
Here are the Provisions:
43.04 DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO with a number.
Purpose
To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land.
To exempt an application from notice and review if it is generally in accordance with a development plan.
43.04-1 Requirement before a permit is granted
A permit must not be granted to use or subdivide land, construct a building or construct or carry out works until a development plan has been prepared to the satisfaction of the responsible authority.
This does not apply if a schedule to this overlay specifically states that a permit may be granted before a development plan has been prepared to the satisfaction of the responsible authority.
A permit granted must:
Be generally in accordance with the development plan.
Include any conditions or requirements specified in a schedule to this overlay.
43.04-2 Exemption from notice and review
An application under any provision of this scheme which is generally in accordance with the
development plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d),
the decision requirements of Section 64(1), (2) and (3) and the review rights of Section
82(1) of the Act.
43.04-3 Preparation of the development plan
The development plan may consist of plans or other documents and may, with the agreement of the responsible authority, be prepared and implemented in stages. A development plan that provides for residential subdivision in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone, Township Zone, Comprehensive Development Zone and Priority Development Zone must meet the requirements of Clause 56 as specified in the zone.
The development plan must describe:
The land to which the plan applies.
The proposed use and development of each part of the land.
Any other requirements specified for the plan in a schedule to this overlay.
The development plan may be amended to the satisfaction of the responsible authority.
21/09/2009 VC60
19/01/2006 VC37
21/09/2009 VC60
09/10/2006 VC42DEVELOPMENT PLAN OVERLAY PAGE 2 OF 2
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
44.05 SPECIAL BUILDING OVERLAY
Shown on the planning scheme map as SBO with a number (if shown).
Purpose
To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.
To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.
To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).
44.05-1 Buildings and works
A permit is required to construct a building or to construct or carry out works, including:
A fence.
Roadworks.
Bicycle pathways and trails.
Public toilets.
A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot.
A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level.
A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level.
A non-domestic disabled access ramp.
This does not apply:
If a schedule to this overlay specifically states that a permit is not required.
To flood mitigation works carried out by the responsible authority or floodplain management authority.
To the following works in accordance with plans prepared to the satisfaction of the responsible authority:
The laying of underground sewerage, water and gas mains, oil pipelines, underground telephone lines and underground power lines provided they do not alter the topography of the land.
The erection of telephone or power lines provided they do not involve the construction of towers or poles designed to operate at more than 66,000 volts.
To landscaping, driveways, vehicle cross overs, footpaths or bicycle paths if there is no significant change to existing surface levels, or if the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed.
15/09/2008 VC49
15/09/2008 VC49SPECIAL BUILDING OVERLAY PAGE 2 OF 4
To roadworks and associated works if this is limited to resurfacing the existing road or the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed.
To an extension of less than 20 square metres in floor area to an existing building (not including an out-building), where the floor levels are constructed to at least 300mm above the flood level or if the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed.
To an upper storey extension to an existing building.
To an alteration to an existing building where the original building footprint remains the same and floor levels are constructed to at least 300mm above flood level.
To an out-building (including replacement of an existing building) if the out-building is less than 10 square metres in floor area and constructed to at least 150mm above the flood level or the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed.
To a replacement building (not including an out-building) if it is constructed to at least 300mm above the flood level and the original building footprint remains the same. The responsible authority may require evidence of the existing building envelope.
To fencing with at least 25% openings and with the plinth at least 300mm above the flood level.
To a replacement fence in the same location and of the same type and materials as the existing fence.
To a pergola or an open deck area with unenclosed foundations.
To a carport constructed over an existing carspace.
To an in-ground swimming pool and associated security fencing, where the perimeter edging of the pool is constructed at natural surface levels and excavated material is removed from the flowpath.
To a tennis court at existing surface level with fencing designed to minimise obstruction to flows.
To an aviary or other enclosure for a domestic animal if it is less than 10 square metres in floor area at ground level.
To open sided verandahs, open sided picnic shelters, barbeques and park furniture (excluding playground equipment) if there is less than 30mm change to existing surface levels.
To radio masts, light poles or advertising signs on posts or attached to buildings.
44.05-2 Subdivision
A permit is required to subdivide land.
44.05-3 Application requirements
Unless otherwise agreed in writing by the relevant floodplain management authority, an application to construct a building or construct or carry out works must be accompanied by a site plan which shows, as appropriate:
The boundaries and dimensions of the site.
Relevant existing and proposed ground levels, to Australian Height Datum, taken by or
under the direction or supervision of a licensed land surveyor.
The layout, size and use of existing and proposed buildings and works, including
vehicle parking areas.
19/01/2006 VC37
19/01/2006 VC37SPECIAL BUILDING OVERLAY PAGE 3 OF 4
Floor levels of any existing and proposed buildings to Australian Height Datum.
Cross sectional details of any basement entry ramps and other basement entries to Australian Height Datum, showing floor levels of entry and exit areas and drainage details.
Local floodplain development plan
If a local floodplain development plan has been developed for the area and has been incorporated into this scheme, an application must be consistent with the plan.
44.05-4 Exemption from notice and review
An application under this overlay is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
44.05-5 Referral of applications
An application must be referred to the relevant floodplain management authority under Section 55 of the Act unless in the opinion of the responsible authority, the proposal satisfies requirements or conditions previously agreed to in writing between the responsible authority and the floodplain management authority.
44.05-6 Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
Any local floodplain development plan.
Any comments from the relevant floodplain management authority.
The existing use and development of the land.
Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this overlay.
The susceptibility of the development to flooding and flood damage.
Flood risk factors to consider include:
The frequency, duration, extent, depth and velocity of flooding of the site and
accessway.
The flood warning time available.
The danger to the occupants of the development, other floodplain residents and
emergency personnel if the site or accessway is flooded.
The effect of the development on redirecting or obstructing floodwater, stormwater or
drainage water and the effect of the development on reducing flood storage and
increasing flood levels and flow velocities.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land.
19/01/2006 VC37
19/01/2006 VC37
19/01/2006 VC37SPECIAL BUILDING OVERLAY PAGE 4 OF 4
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.
January 29, 2012 at 10:52 PM
The above is interesting. Is it suffice to say that any fence between boundaries must have 25% openings at plinth level to allow surface water to flow downhill between properties.?