Construction of a Vehicle Bridge

Ref No: 20080-01

Construction of Vehicle Bridge Use, Buildings and Works and Creation of Easement Application

Construction of a Vehicle Bridge Urban Property Corporation (Great Ocean Green) Pty Ltd

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Contact Information Document Information

TGM Group Pty Ltd (a Cardno Company) ABN 11 125 568 461 Level 1 27-31 Myers Street Geelong VIC 3220 Australia www.cardno.com Phone +61 3 5205 4600 Fax +61 3 5202 4691

Prepared for Urban Property Corporation (Great Ocean Green) Pty Ltd

Proposal Name Construction of a Vehicle Bridge

Job Reference 20080-01

Date 24 February 2021

Version Number V01

Author

Name

Job Title

Chris Marshall

Planning Manager, Regional Victoria/Principal

Date 24 February 2021

Approved By

Name Chris Marshall

Job Title Planning Manager, Regional Victoria/Principal

Date Approved 24 February 2021

Document History

Version Date Description of Revision Prepared by Reviewed by

0 24.02.2021 Review Chris Marshall Nicole Dixon

1 24.02.21 Lodgement with Council Chris Marshall Nicole Dixon

Front Cover Image - Courtesy of Nearmap


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Table of Contents

1 Introduction 1 2 Permit Triggers 1 3 Subject Site and Context 2 4 Proposal 4 5 Planning Controls 6

5.1 Zoning 6 5.2 Rural Conservation Zone 6 5.3 Public Conservation and Resource Zone 9

6 Overlays 11 6.1 Significant Landscape Overlay 11 6.2 Environmental Significance Overlay 15 6.3 Land Subject to Inundation Overlay 18 6.4 Erosion Management Overlay 20

7 Particular Provisions 28 7.1 Easements, Restrictions and Reserves 28 7.2 Bushfire Protection Exemptions 29 7.3 Native Vegetation 30

8 Decision Guidelines 31 9 Policy context 32

9.1 Planning Policy Framework 32 9.2 Local Planning Policy Framework 37

10 Conclusion 37

Attachments

Attachment 1 Copy of Titles

Attachment 2 Development Plans


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1 Introduction

CardnoTGM has been engaged by Urban Property Corporation (Great Ocean Green) Pty Ltd the owners of land at 80 Great Ocean Road, Apollo Bay to submit a Planning Permit Application on their behalf for the construction of a bridge along the Barham River Road Apollo Bay to access an existing dwelling and creation of a carriageway easement.

A new access bridge is required as the existing bridge located opposite the Apollo Bay Recreation Reserve Caravan Park which provided access to the dwelling Lot 1 on TP180997 has fallen into disrepair and is no longer safe to use.

The reinstatement of this bridge is not an option as the Apollo Bay Recreation Reserve Committee of Management has not consented to allowing access through the reserve to the bridge. Therefore, to provide access to the dwelling a new bridge location is required which is addressed in this report.

2 Permit Triggers

A permit is required for the above proposal under the following provisions of the Colac Otway Shire Planning Scheme:

> Public Conservation Resource Zone 36.03-1 Use of a Bridge

36.03-2 Construction of Buildings or Works

> Rural Conservation Zone 35.06-1 Use of a Bridge

35.06-5 Buildings and Works

> Environmental Significance Overlay 42.01-2 Buildings and Works

> Significant Landscape Overlay 42.03-2 Buildings and Works

> Land Subject to Inundation Overlay 44.04-2 Buildings and Works

> Erosion Management Overlay 44.01-2 Buildings and Works

> Particular Provisions

Reserves 52.02 Removal/Variation of Easements

Land adjacent to RZ1 52.29-2 Create or Alter access


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3 Subject Site and Context

The subject site is located on the Rural Conservation Zone land south of Apollo Bay. The site consists of two titles, Lot 1 on TP180997 and Lot 1 on TP106695 and Crown land along adjoining the Barham River and Barham River Road as indicated below.

Lot 1 on TP180997 is cleared farm land which contains a house and shed. Whilst Lot 1 on TP1106695 is cleared land with no developments. Lot 1 on TP180997 is bounded by the Barham River to the west and north, the Great Ocean Road to the east and Lot 1 on1106695 to the south. Lot 1 on TP1106695 is also bounded by the Barham River along its western boundary, the Great Ocean Road to the east, cleared land to the south and Lot 1 on TP180997 to the south.

The entire land area is located south of the Town of Apollo Bay and north of the township of Marengo opposite Mounts Bay. Land located further west is farming land.


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Locality Plan

The site for the bridge is located on land on the eastern and western side of the Barham River. Land on the western side adjoins the Barham River Road and is cleared Crown land. Land on the eastern side of the Barham River is private property know as Lot 1 on1106695. A carriageway easement is proposed over land this land to access Lot 1 on TP180997 where the existing dwelling is located. The private land is included within the Rural Conservation Zone and the Crown Land is zoned as Public Conservation and Resource.

Approximate Bridge location


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Barham River Road is constructed with a bitumen seal, grass and gravel shoulders and open drains.

4 Proposal

The proposal seeks approval for the construction of a vehicle bridge across the Barham River and a carriageway easement to the existing house.

The proposed bridge will be of steel and concrete construction bridge is regular in shape with approximate dimensions of 25 metres long and 4.5 metres wide. The proposed carriageway easement leading from the bridge is 3 metres wide and approximately 380 metres long.

The location of the proposed vehicle crossing is located off the Barham River Road in a grassed cleared area with good vehicle site lines and a relatively flat contour. Therefore, reducing potential earthworks and disruption to the Barham River.

Bridge location


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Location of carriageway easement

Bridge concept details


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5 Planning Controls

5.1 Zoning

The subject site is situated within the Rural Conservation Zone and Public Conservation and Resource Zone.

5.2 Rural Conservation Zone


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The purpose of the Rural Conservation Zone is;

> To implement the Municipal Planning Strategy and the Planning Policy Framework.

> To conserve the values specified in a schedule to this zone.

> To protect and enhance the natural environment and natural processes for their historic,

> archaeological and scientific interest, landscape, faunal habitat and cultural values.

> To protect and enhance natural resources and the biodiversity of the area.

> To encourage development and use of land which is consistent with sustainable land management

> and land capability practices, and which takes into account the conservation values and

> environmental sensitivity of the locality.

> To provide for agricultural use consistent with the conservation of environmental and landscape

> values of the area.

> To conserve and enhance the cultural significance and character of open rural and scenic non urban

> landscapes.

Buildings and works

A permit is required to construct or carry out building or works associated with a use in Section 2 of Clause 35.06-1.

Comment: A planning permit is required under this clause. With appropriate environmental conditions it is envisaged that the development of an access bridge can be undertaken without detriment to the natural and cultural features of this area.

Decision guidelines

Before deciding on an application to use or subdivide land, lease or license a portion of a lot for

a period of more than 10 years if the portion is to be leased or licensed for the purpose of

Accommodation, construct a building or construct or carry out works, in addition to the decision

guidelines in Clause 65, the responsible authority must consider, as appropriate:

> The Municipal Planning Strategy and the Planning Policy Framework.

> Any Regional Catchment Strategy and associated plan applying to the land.

> The capability of the land to accommodate the proposed use or development.

> How the use or development conserves the values identified for the land in a schedule.

> Whether use or development protects and enhances the environmental, agricultural and landscape

qualities of the site and its surrounds.

> Whether the site is suitable for the use or development and the compatibility of the proposal with adjoining land uses.


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Rural issues

> The environmental capacity of the site to sustain the rural enterprise.

> The need to prepare an integrated land management plan.

> The impact on the existing and proposed infrastructure.

> Whether the use or development will have an adverse impact on surrounding land uses.

Environmental issues

> An assessment of the likely environmental impact on the biodiversity and in particular the flora

and fauna of the area.

> The protection and enhancement of the natural environment of the area, including the retention

of vegetation and faunal habitats and the need to revegetate land including riparian buffers

along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge

areas.

> How the use and development relates to sustainable land management and the need to prepare

an integrated land management plan which addresses the protection and enhancement of native

vegetation and waterways, stabilisation of soil and pest plant and animal control.

> The location of on site effluent disposal areas to minimise the impact of nutrient loads on

waterways and native vegetation.

Dwelling issues

> Whether the dwelling will result in the loss or fragmentation of productive agricultural land.

> Whether the dwelling will be adversely affected by agricultural activities on adjacent and nearby

> land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of

operation.

> Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby

agricultural uses.

Design and siting issues

> The need to minimise any adverse impacts of siting, design, height, bulk, and colours and

materials to be used, on landscape features, major roads and vistas.

> The location and design of existing and proposed infrastructure services which minimises the

visual impact on the landscape.

> The need to minimise adverse impacts on the character and appearance of the area or features

of archaeological, historic or scientific significance or of natural scenic beauty or importance.

> The location and design of roads and existing and proposed infrastructure services to minimise

the visual impact on the landscape.


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Comment: The application seeks approval for the us and development of a concrete and steel construction bridge to provide access to an existing dwelling. Road and pedestrian access is no longer available as the previous access bridge opposite the Apollo Bay Recreation Reserve has fallen into disrepair. The development of the bridge will be subject to environmental management conditions to ensure that there are no negative impacts on the Barham River and any sensitive environmental surrounds. The bridge construction will not result in the removal or reduction of arable farming land and will not impact on the broader landscape character of this area. The construction of this bridge is logical as the current house and land cannot be accessed.

The bridge site has been chosen as a relatively safe access point that requires minimal earthworks and is an area where the site lines are more favourable than land opposite the dwelling. The proposed carriageway across the adjoining lot provides the legal access required to access the dwelling.

5.3 Public Conservation and Resource Zone

The purpose of the Public Conservation and Resource Zone is;


> To protect and conserve the natural environment and natural processes for their historic, scientific,

landscape, habitat or cultural values.

> To provide facilities which assist in public education and interpretation of the natural environment

with minimal degradation of the natural environment or natural processes.

> To provide for appropriate resource-based uses.

Comment: This zone affects the Barham River and immediate surrounding banks. The development of a bridge within this zone is not considered to be opposed and is a generally expected outcome in this zone in this context. The construction will be subject to an environmental management plan to ensure it will have no adverse impact to the natural attributes of this waterway.

Permit Requirement

A permit is required to:

> Construct a building or construct or carry out works. This does not apply to:

– A building or works shown in an Incorporated plan which applies to the land.

– A building or works specified in Clause 62.02-1 or 62.02-2 carried out by or on behalf of

a public authority or municipal council, if the public authority or municipal council is

carrying out functions, powers or duties conferred by or under the Local Government Act

1989, the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995,

the Wildlife Act 1975, the Forests Act 1958, the Water Industry Act 1994, the Water Act


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1989, the Marine Act 1988, the Port of Melbourne Authority Act 1958 or the Crown Land

(Reserves) Act 1978.

– A building or works carried out by or on behalf of a public land manager or Parks Victoria

under the Local Government Act 1989, the Reference Areas Act 1978, the National Parks

Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forests Act 1958, the Water

Industry Act 1994, the Water Act 1989, the Marine Act 1988, the Port of Melbourne Authority

Act 1958, the Crown Land (Reserves) Act 1978, or the Road Management Act 2004.

Application requirements

An application for a permit by a person other than the relevant public land manager must be

accompanied by the written consent of the public land manager, indicating that the public land

manager consents generally or conditionally either:

> To the application for permit being made.

> To the application for permit being made and to the proposed use or development.

> Where there is no public land manager, an application for a permit must be accompanied by the

> written consent of the Secretary to the Department of Environment, Land, Water and Planning.

Decision guidelines

Before deciding on an application to use or subdivide land, construct a building or construct or

carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must

consider, as appropriate:


> The comments of any public land manager or other relevant land manager having responsibility

> for the care or management of the land or adjacent land.

> Whether the development is appropriately located and designed, including in accordance with

> any relevant use, design or siting guidelines.

Comment: Initial discussions have been had with DELWP Officers and we will be seeking written agreement with DELWP to accompany the application.


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6 Overlays

6.1 Significant Landscape Overlay

The purpose of the Significant Landscape Overlay is;


> To identify significant landscapes.

> To conserve and enhance the character of significant landscapes.

Clause 42.03-2 Permit requirement

A permit is required to:

> Construct a building or construct or carry out works. This does not apply:

– If a schedule to this overlay specifically states that a permit is not required.

The requirement to obtain a permit does not apply to:

Clause 42.03-4 Application requirements

An application must be accompanied by any information specified in a schedule to this overlay.


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Clause 42.03-5 Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible

authority must consider, as appropriate:


> The statement of the nature and key elements of the landscape and the landscape character

objective contained in a schedule to this overlay.

> The conservation and enhancement of the landscape values of the area.

> The need to remove, destroy or lop vegetation to create a defendable space to reduce the risk

of bushfire to life and property.

> The impact of the proposed buildings and works on the landscape due to height, bulk, colour,

general appearance or the need to remove vegetation.

> The extent to which the buildings and works are designed to enhance or promote the landscape

character objectives of the area.

> The impact of buildings and works on significant views.

> Any other matters specified in a schedule to this overlay.

Comment: A bridge is required to access an existing dwelling and shed at 80 Great Ocean Road. The bridge is confined and will not have an adverse impact on the surrounding landscape and the Great Ocean Road. The bridge will allow the land owners to access and manage the land which would benefit the landscape. In addition, the construction of the proposed bridge will be undertaken without detriment to the natural and cultural features of this area.

6.1.1 Significant Landscape Overlay – Schedule 1

Landscape character objective to be achieved

> To achieve the “Preferred Character” as specified above.

> To increase the use of indigenous vegetation to highlight natural features within the precinct.

> To consider the contrasts between landscape elements within the precinct.

> To ensure that development that occurs on hill faces or in other prominent locations is not

highly visible and sensitively designed.

> To minimise the visual impact of signage and other infrastructure, particularly in coastal areas,

hill faces and ridges.

> To protect the clear sweeping views to and from the ocean available from the precinct.

> To consider the dominance of an indigenous natural landscape in coastal areas, between

townships, particularly from the Great Ocean Road and avoid ribbon development.


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Permit requirements

> A permit is required to remove, destroy or lop any native vegetation.

> A permit is not required for the following:

to remove, destroy or lop any dead vegetation; or

to prune any native vegetation provided it does not exceed 20% of the bio-mass of the vegetation;

or the removal and crushing of rock, soil and stone; or

buildings and works associated with informal outdoor recreation, except involving any new

effluent disposal system; or

outbuildings less than 130m2 in floor area; or

alterations and addition to a dwelling of less than 130m2 in additional floor area, except involving

any new effluent disposal system; or

a post and wire fence less than 1.8m in height; or

works undertaken by a public authority relating to watercourse management, environmental

improvements or infrastructure services.


All permit applications for buildings and works must be accompanied by a Site Description and

Design Response which must address the ‘preferred character’ and the landscape objectives

specified above.

> A landscaping plan should be submitted with an application for buildings and works, or to remove,

destroy or lop vegetation, utilising appropriate species and demonstrating how the affected area

will be remediated after development.

> Applicants are required to provide a realistic visual impact illustration of the view of the

development from key viewpoints along the Great Ocean Road.

> An application is required to demonstrate the following:

> Whether all new buildings and works are designed and constructed to avoid contrasting shape,

colour, size and mass.

> Whether buildings and works are sited so that they do not dominate the visual landscape.

> Whether buildings and works on ridgelines can be avoided. It must be demonstrated that there

is no alternative suitable site and that the buildings and works are essential.


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Decision guidelines

Before deciding on an application, the responsible authority must consider:

> The overview, objectives and strategies at Clause 21.04-8.

> The ‘Apollo Bay Coastal Valley and Hills Precinct Development Principles Incorporated Plan’

from the Great Ocean Road Region Landscape Assessment Study at Clause 81.

Buildings and Works

> The impact of the development on the nationally significant Great Ocean Road Region landscape.

> Whether the landscaping plan accompanying the application, details existing vegetation,

vegetation to be removed, new plantings incorporating native and indigenous species and avoids

the use of exotic species.

> Whether the vehicle access and storage proposed has been designed to minimise excavation,

loss of vegetation and dominance of car storage facilities.

> The impact of the proposed development on the conservation of trees.

> The impact of the proposed development on natural ground levels and drainage patterns which

may have a detrimental impact on the health and viability of surrounding trees.

> Whether there is an adequate buffer strip along roads and between private gardens.

Comment: The construction of a bridge at the proposed location will have no impact on the Great Ocean Road and is unlikely also to impact on the surrounding riverine landscapes. Once constructed additional landscaping can be undertaken to reduce any immediate impacts if required.

As previously stated, the building and works associated with the construction of a vehicle crossing bridge is not considered to have any adverse impacts on the site or surrounding area.


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6.2 Environmental Significance Overlay

The purpose of the Environmental Significance Overlay is;


> To identify areas where the development of land may be affected by environmental constraints.

> To ensure that development is compatible with identified environmental values.

Environmental significance and objectives

A schedule to this overlay must contain:

> A statement of environmental significance.

> The environmental objectives to be achieved.

Permit requirement

A permit is required to construct a building or construct or carry out works.


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6.2.1 Schedule 2 to the Environmental Significance Overlay

Lakes, Wetlands and Watercourses

Statement of environmental significance

Lakes, wetlands and watercourses are a significant environmental resource that should be protected

from inappropriate development. Significant lakes, wetlands and watercourses should be retained

as natural drainage corridors with vegetated buffer areas in order to perform their long term function

as drainage areas, stream habitat, wildlife corridors and landscape areas, and to minimise erosion

and reduce polluted surface runoff from adjacent land uses.

Environmental objectives to be achieved

> To protect the quality of water entering lakes, watercourses and wetlands.

> To protect and enhance lakes, watercourses and wetlands with significant flora, fauna and

fisheries habitat.

> To minimise erosion along Lake foreshore areas and surrounding waterways and catchments.

> To protect and enhance the quality of lake foreshores and riparian strips along watercourses.

> To prevent pollution and increased turbidity of water in natural watercourses.

> To maintain the ability of streams and watercourses to carry natural flows.

> To prevent erosion of banks, streambeds and adjoining land and the siltation of watercourses,

drains and other features.

> To consider the intensity of the development of environmentally sensitive land.

> To promote environmental solutions in siting and design in preference to modification of natural

systems through technical and engineering measures.

Decision guidelines

Before deciding on an application the responsible authority must consider as appropriate:

> The particular characteristics of the site listed in the table in this schedule and referenced in

the map titled Colac Otway Shire – Sites of Biodiversity Significance, June 2002.

> The impact of vegetation removal and any proposed alteration to stream bank topography.

> The impact of the development on water yield.

> Whether the lake bank can be reinstated as far as is practicable to the natural setting.

> The ability for discharged effluent to remain on site.

> The desirability of only using post and wire fencing on land adjacent to lakes or watercourses.

> The ability to provide a vegetated buffer of a width of at least 50 metres around lakes or


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watercourses where no development will take place.

> The location of a proposed building envelope relative to a lake, wetland or stream and the likely

impact of the construction of a building within that building envelope on the environmental

quality of the lake, wetland or stream.

> The measures taken to effectively screen a proposed building to maintain the visual amenity

of the lake, stream or wetland.

> The availability of alternative land outside the overlay area;

> The possible effect of the development on the quality and quantity of water;

> The potential for flooding to occur;

> The conservation of natural terrestrial and aquatic habitats;

> The preservation of and the impact on soils and the need to prevent erosion;

> The protection of the area for its recreational value;

> The conservation of natural habitats and the preservation of native flora, fauna, fish and other

aquatic life;

> The need for fencing off of waterways and other land management measures.

> The function of the lake, wetland or watercourse as part of a broader natural system.

> Whether the application is subject to the Environment Protection and Biodiversity Conservation

Act.

Comment: The proposed bridge will not impact on the natural function of the Barham River. Potential environmental issues and impacts during construction can be managed via appropriate conditions and further detail if required.

The design of the bridge will also take into account any erosion mitigation measures and protection of the riverbed as required.


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6.3 Land Subject to Inundation Overlay

The purpose of the Land Subject to Inundation Overlay is;


> To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any

other area determined by 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 reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration

has been made.

> 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).

> To ensure that development maintains or improves river and wetland health, waterway protection

and flood plain health.


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Clause 44.04-1 Land subject to inundation objectives and statement of risk

A schedule to this overlay may contain:

> Land subject to inundation management objectives to be achieved.

> A statement of risk.

Buildings and works

A permit is required to construct a building or to construct or carry out works.

6.3.1 Schedule 1 to the Land Subject to Inundation Overlay

Permit requirement

A permit is not required to construct or carry out the following:

Buildings and works

> A non-habitable building (other than industrial and commercial) with a floor area less than 20

square metres.

> An extension to a non-habitable building (other than industrial and commercial), provided that

the total ground floor area of the building is less than 20 square metres.

> Alterations to an existing dwelling provided that the ground floor footprint of the building does

not increase by more than 20 square metres.

> A hay shed open on all sides.

> Earthworks that do not raise ground level topography by more than 200 millimetres.

> Footpath, bicycle path or elevated boardwalk, at a height no greater than 200 millimetres above

the applicable flood level.

> Works ancillary to an existing dwelling including landscaping, driveway, open sided carport

and barbeque.

> A below ground swimming pool or spa and associated mechanical and safety equipment if

associated with one dwelling on a lot.

> A rainwater tank with a capacity of not more than 4,500 litres.

> An open sided deck, pergola or verandah.

> Works associated with apiaries and vine or horticultural trellises or watering systems.

> A non-domestic disabled access ramp.

Comment: A buildings and works application is required under this overlay. It is considered that the works will be developed to avoid impeding flood water. In addition, the buildings and works required for the construction of a vehicle crossing bridge will have minimal impacts on the creek and surrounding area.


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6.4 Erosion Management Overlay

The purpose of the Erosion Management Overlay is;


> To protect areas prone to erosion, landslip or other land degradation processes, by minimising land

disturbance and inappropriate development.

Erosion management objectives and statement of risk

A schedule to this overlay may contain:

> Erosion management objectives to be achieved.

> A statement of risk.

Buildings and works

A permit is required to construct a building or construct or carry out works, including:

> Roadworks

> Buildings and works associated with a dependent person’s unit

> A domestic swimming pool or spa and associated mechanical and safety equipment

> Any matter specified in Clause 62.02-2 if specified in a schedule to this overlay

> This does not apply if a schedule to this overlay specifically states that a permit is not required


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Vegetation removal

A permit is required to remove, destroy or lop any vegetation. This does not apply:

> If a schedule to this overlay specifically states that a permit is not required

> If the table to Clause 44.01-4 specifically states that a permit is not required

> To the removal, destruction or lopping of native vegetation in accordance with a native vegetation

precinct plan specified in the schedule to Clause 52.16


An application must be accompanied by any information specified in a schedule to this overlay

and information showing:

> The existing site conditions, including land gradient and the extent of any existing erosion,

landslip or other land degradation.

> The extent of any proposed earthworks.

> The means proposed to stabilise disturbed areas.

> Any other application requirements specified in a schedule to this overlay.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible

authority must consider, as appropriate:


> Regional Catchment Strategy (Catchment and Land Protection Act 1994).

> Environmental Guidelines for Major Construction Sites, Environment Protection Authority,

> Construction Techniques for Sediment Pollution Control, Environment Protection Authority,

> Control of Erosion on Construction Sites, Soil Conservation Authority.

> Your Dam, an Asset or a Liability, Department of Conservation and Natural Resources.

> Any proposed measures to manage concentrated runoff and site drainage.

> Any proposed measures to minimise the extent of soil disturbance.

> Whether the removal of vegetation will increase the possibility of erosion, the susceptibility to

landslip or other land degradation processes, and whether such removal is consistent with

sustainable land management.

> The need to stabilise disturbed areas by engineering works or revegetation.

> Whether the land is capable of providing a building envelope which is not subject to high or

severe erosion concern.

> Whether buildings or works are likely to cause erosion or landslip.

> Whether access and servicing of the site or building envelope is likely to result in erosion or


20080-01 | 24 February 2021 22

landslip.

> Land Capability Report (if prepared) as developed by the Department of Environment, Land,

Water and Planning.

> The need to remove, destroy or lop vegetation to a create defendable space to reduce the risk

of bushfire to life and property.

> Any technical information or reports required to be provided by a schedule to this overlay.

> Any other matters specified in a schedule to this overlay.

Comment: The construction of the bridge will be subject to extensive geotechnical investigations to ensure its long-term integrity and safety. Also bank stabilisation and landscaping works will form part of this proposal.

6.4.1 Schedule 1 to the Erosion Management Overlay

Land susceptible to landslip and erosion

The Shire contains areas which are susceptible to landslip, including land throughout the Otway

Ranges.

A number of geotechnical studies have been undertaken, in various forms and scope, within Colac

Otway by various public agencies.

Colac Otway Shire Council has adopted updated landslip and erosion data for the whole Shire and

subsequent reviews of selected areas displaying a greater complexity of landslip and erosion issues.

All land included in the Erosion Management Overlay has been identified as having a sufficiently

high risk of potential instability to warrant specific review of these risks prior to the construction

of buildings, commencement of works and the removal of vegetation as outlined below.

Objectives

> To manage the risk of landslip.

> To ensure that development can be carried out in a manner which will not adversely increase

the landslip risk to life or property affecting the subject land or adjoining or nearby land.

> To ensure that development is not carried out unless the risk associated with the development

is a Tolerable Risk or lower.

> To ensure that applications for development are supported by adequate investigation and

documentation of geotechnical and related structural matters.

> To ensure that development is only carried out if identified geotechnical and related structural

engineering risks to life and property are effectively addressed.


20080-01 | 24 February 2021 23


An application for a planning permit must be accompanied by a Geotechnical Declaration and

Verification Form (Form A) and include the information set out below, to the satisfaction of the

Responsible Authority.

Development Plans

Development plans drawn to scale and dimensioned, showing as appropriate:

> The proposed development, including a site plan and building elevations, access, any proposed

cut and fill, retaining wall or effluent disposal system.

> Any existing development, including buildings, water tanks and dams on both the subject lot

and adjacent land (as appropriate).

> Any existing development on the subject lot, including cut and fill, stormwater drainage,

subsurface drainage, water supply pipelines, sewerage pipelines or effluent disposal installations

and pipelines and any otherwise identified geotechnical hazard.

> Details and location of existing vegetation, including any vegetation to be removed.

Geotechnical Assessment

A written Geotechnical Assessment must be prepared by a suitably qualified and experienced

Geotechnical Practitioner in accordance with the methodology described below and with reference

to the AGS Guidelines 2007. The Geotechnical Assessment must be for the development proposed

in the application and include, to the satisfaction of the Responsible Authority:

Details of the Geotechnical Practitioner and their qualifications and experience including but

not limited to experience in the management of slope instability problems and landslip risk

management.

A statement that the assessment is based on field survey measurements which have been

undertaken not more than 12 months prior to the relevant application for development.

A detailed site description.

Site assessment plans and cross-sections of the subject lot within the landslip impact zone and

related land form survey and field measurements with contours and ground slopes as measured

shown and drawn to scale and dimensioned.

A detailed assessment of subsurface conditions, including the underlying geology.

A statement indicating whether there are natural slopes on or immediately adjacent to the subject

lot which exhibit evidence of possible or past landslip.


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Details of all site investigations and any other information used in preparation of the geotechnical

report.

A statement indicating whether site investigation requires subsurface investigation or may

involve boreholes and/or test pit excavations or other methods necessary to adequately assess

the geotechnical/geological model for the subject lot and details of all such investigations,

boreholes, test pits or other methods.

Include a statement indicating that the risks for all slope instability hazards identified, are of

an acceptable risk level (as defined above) and will remain at an acceptable risk level over the

design life of the development such that a Landslip Risk Assessment (as described in the

following section) is not required.

Where it is considered that a Landslip Risk Assessment is not required, state that, in the opinion

of the Geotechnical Practitioner, the development can be carried out in a manner which will

not adversely increase the landslip risk to life or property affecting the subject lot or adjoining

or nearby land.

A statement as to whether the subject lot/s are suitable for the proposed development, or can

be made suitable for the proposed development, and that the subject lot/s and the proposed

development can meet the tolerable risk criteria, as defined in this schedule.

A statement indicating whether or not development should only be approved subject to

conditions, and if so state recommendations of what conditions should be required including

but without limitation conditions relating to:

The determination of appropriate footing levels and foundation materials in any structural

works, including all footings and retaining walls.

> The location/s of and depth/s of earth and rock cut and fill.

> The construction of any excavations and fill and the method of retention of such works.

> Any details of surface and sub-surface drainage.

> The selection and design of a building structure system to minimise the effects of all identified

geotechnical hazards.

> Retention, replanting and new planting of vegetation.

> Any drainage and effluent discharge.

> Any necessary ongoing mitigation and maintenance measures and any recommended periodic


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inspections, including performance measures.

> The time within which works must be completed after commencement and the location/s

and period in which materials associated with the development can be stockpiled.

> Any requirements for geotechnical inspections and approvals that may need to be incorporated

into a construction work plan for building approval.

A statement on whether or not a Landslip Risk Assessment is required.

Landslide/Landslip Risk Assessment

A written Landslip Risk Assessment of the proposed development must be included in the

application for a planning permit if the Geotechnical Assessment or other landform data (a detailed

site survey) indicates natural slopes on or immediately adjacent to the subject lot which:

are steeper than 9 degrees (15.8%) in Gellibrand Marl Narrawaturk Marl & the Yaugher Volcanic

Group the unnamed coastal lagoon deposits and lake and swamp deposits; or

are steeper than 14 degrees (25%) in all other geologies including the spatially extensive

Eumeralla Formation (Otway Group); or exhibit evidence of possible or past landsliding on or immediately adjacent to the site; or where, in the opinion of the Responsible Authority, the Geotechnical Assessment is not sufficient

to determine that the development can be carried out in a manner which will not adversely

increase the landslip risk to life or property affecting the subject lot or adjoining or nearby land.

A written Landslip Risk Assessment must be prepared by a suitably qualified and experienced

Geotechnical Practitioner in accordance with the methodology detailed in the AGS Guidelines

2007. The Landslip Risk Assessment must be for the development proposed in the application and

include, to the satisfaction of the Responsible Authority:

> A copy of the Geotechnical Assessment prepared for the subject land and proposal and, if not

prepared by the Geotechnical Practitioner preparing the Landslip Risk Assessment, contain a

response by the Geotechnical Practitioner preparing the Landslip Risk Assessment that the

finding and conclusions of the Geotechnical Assessment are agreed with.

> Contain all the requirements of a Geotechnical Assessment if the need for an LRA is triggered

by the LRA slope thresholds above.

> If the Geotechnical Practitioner preparing the Landslip Risk Assessment does not agree with

the findings and conclusions of the Geotechnical Assessment for the subject land and proposal,

another Geotechnical Assessment must be prepared by that Geotechnical Practitioner.

> An assessment underpinned by field survey and measurements which have been undertaken

not more than 12 months prior to the lodgement of the application for a planning permit.


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> A full assessment of the risk posed by all reasonably identified geotechnical hazards which

have the potential to either individually or cumulatively impact upon people or property on the

subject lot or related land, in accordance with the AGS Guidelines 2007.

> A full assessment of the risk posed by future vegetation removal for bushfire protection if

undertaken to the maximum extent permissible under the conditions of any planning permit

and under permit exemptions in the Planning Scheme, in accordance with the AGS Guidelines

2007.

A conclusion as to whether the subject lot/s are suitable for the proposed development. This

must be in the form of a specific statement that the subject lot/s are suitable, or can be made

suitable, for the proposed development and that the subject lot and/or the proposed development

can meet the tolerable risk criteria, as defined in this schedule. The report must specify all

conditions required to achieve this objective.

Decision Guidelines

Before deciding on a planning permit application the Responsible Authority must consider, as

appropriate:

> Whether the risk to property and the risk to life measured against the tolerable risk as defined

in the AGS Guidelines 2007 is acceptable.

> Geotechnical reports greater than one year old from the time of application will not be accepted

unless accompanied by a letter from the Geotechnical Practitioner confirming report conclusions

are still applicable.

> Whether the proposed subdivision, building or works or the removal of vegetation can be carried

out in a manner which will not increase to an unacceptable level the possibility of landslip

affecting the site or adjoining or nearby land.

> The recommendations of the Geotechnical Assessment and any Landslip Risk Assessment and

any other information accompanying the application.

> The recommendations of any Independent Review of the Geotechnical Assessment and any

> Landslip Risk Assessment.

> Whether the proposed removal of vegetation is required to facilitate a permitted use or

development of the land, and if there is any practical alternative form of development which

would result in less disturbance to the existing vegetation.

> The impact of future vegetation removal for bushfire protection and whether any such vegetation

removal would result in an increase to the risk to property and/or the risk to life as measured

against the tolerable risk criteria defined in the AGS Guidelines 2007.


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> The risks associated with the development requiring ongoing monitoring and maintenance of

all mitigation measures.

> The risks associated with non-compliance with any conditions of any permit which may be

subsequently issued.

> Effluent disposal considerations including any Environment Protection Authority requirements

for on-site disposal in unsewered areas.

Permit conditions

Any permit issued must also contain the following condition:

> The approved development must be carried out on the site in accordance with the

recommendations of the Geotechnical Assessment (title/date/author) or, where applicable, the

> Landslip Risk Assessment (title/date/author) or any Geotechnical Practitioner engaged to review

those assessments submitted with the application.

Comment: As previously advised, the construction of the bridge will be subject to extensive geotechnical investigations to ensure its long-term integrity and safety. Also bank stabilisation and landscaping works will form part of this proposal. A geotechnical assessment will form part of this application.


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7 Particular Provisions

7.1 Easements, Restrictions and Reserves

Clause 52.02 relates to the provision and/or removal of easements, restrictions and reserves.

Comment: The application seeks approval to create a carriageway easement over part of 80 Great Ocean Road form the bridge to the existing dwelling. The extent of the easement required is shown in the below plan.


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7.2 Bushfire Protection Exemptions

Clause 52.12-1 details various exemptions for the removal of vegetation in specified circumstances to support the protection of human life and property from bushfire.

Under the provisions of Clause 52.12-1, exemptions to create defendable space around buildings used for accommodation, any requirement of a planning permit, including any condition, which has the effect of prohibiting the removal, destruction or lopping of vegetation, or any requirement of this planning scheme to obtain a planning permit, or any provision of this planning scheme that prohibits the removal, destruction or lopping of vegetation or requires the removal, destruction or lopping of vegetation to be carried out in a particular manner, does not apply to any of the following:

> The removal, destruction or lopping of any vegetation within 10 metres of an existing building used for accommodation if all of the following requirements are met:

The building must be located in an area that is designated as a bushfire prone area under the Building Act 1993.

The building must have been:

constructed before 10 September 2009; or

approved by a planning permit or a building permit issued before 10 September 2009; or

constructed to replace a dwelling or dependent persons unit that was damaged or destroyed by a bushfire that occurred between 1 January 2009 and 31 March 2009.


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> The removal, destruction or lopping of any vegetation, except trees, within 30 metres of an existing building used for accommodation if all of the following requirements are met:

The building must be located in an area that is designated as a bushfire prone area under the Building Act 1993.



approved by a planning permit or a building permit issued before 10 September 2009; or


> The removal, destruction or lopping of any vegetation, except trees, within 50 metres of an existing building used for accommodation if all of the following requirements are met:

The building must be located in the Bushfire Management Overlay.



lawfully constructed without a planning permit before 18 November 2011; or

approved by a planning permit or a building permit issued before 10 September 2009 and constructed before 18 November 2011; or


Comment: If vegetation requires removal to facilitate the proposal, relevant bushfire exemptions will be investigated.

7.3 Native Vegetation

Under the provisions of Clause 52.17-1, a permit is required to remove, destroy or lop native vegetation, including dead native vegetation. This does not apply:

> If the table to Clause 52.17-7 specifically states that a permit is not required.

> If a native vegetation precinct plan corresponding to the land is incorporated into this scheme and listed in the schedule to Clause 52.16.

> To the removal, destruction or lopping of native vegetation specified in the schedule to this clause.

Comment: From our onsite inspection it is unlikely that the development will require native vegetation removal however if required this can be further investigated.

.


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8 Decision Guidelines

Under the provisions of Clause 65.01, before deciding on an application or approval of a plan, the responsible authority must also consider the following relevant decision guidelines:

> The matters set out in section 60 of the Act.


> The purpose of the zone, overlay or other provision.

> Any matter required to be considered in the zone, overlay or other provision.

> The orderly planning of the area.

> The effect on the amenity of the area.

> The proximity of the land to any public land.

> Factors likely to cause or contribute to land degradation, salinity or reduce water quality.

> Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site.

> The extent and character of native vegetation and the likelihood of its destruction.

> Whether native vegetation is to be or can be protected, planted or allowed to regenerate.

> The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.

> The adequacy of loading and unloading facilities and any associated amenity, traffic flow and road safety impacts.

Comment: The application for the construction of a bridge to facilitate access to an existing land and dwelling is entirely appropriate in this instance. The site already had access via an existing bridge which had fallen into disrepair therefore the reinstatement of an access is considered consistent with what was previously approved for the site.

It will have the affect of achieving an orderly planning outcome and will be constructed sensitively to avoid downstream and immediate environmental impacts.


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9 Policy context

It is considered the proposal is consistent with the relevant State and Local Planning Policies as outlined below:-

9.1 Planning Policy Framework

11 – Settlement – Planning is to anticipate and respond to the needs of existing and future communities, prevent environmental and amenity problems created by siting incompatible land uses close together and facilitate sustainable development that takes full advantage of existing settlement patterns and investment in transport, utility, social, community and commercial infrastructure and services. Clause 11.01, Victoria, aims to promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements.

14.01 – Agriculture – Contains policies relating to the protection of agricultural land and sustainable agricultural land use. Objectives include protecting the state’s agricultural base by preserving productive farmland and encouraging sustainable agricultural land use.

Comment : The application is consistent with the above clauses as the construction of a bridge will provide access to an existing dwelling and enable the landowners to appropriately manage the land.

15.03 – Heritage – Contains policies relating to heritage conservation and aboriginal cultural heritage. The objectives of these policies are :

> To ensure the conservation of places of heritage significance.

> To ensure the protection and conservation of places of Aboriginal cultural heritage significance.

Comment: Under the Aboriginal Heritage Act, 2006, the subject site is identified as being within an area of possible cultural heritage sensitivity, as indicated on the following map extract from the Department of Environment, Land, Water and Planning data base. A CHMP will be provided to support the application.


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11.03-4 – Coastal Settlement – The objective of this policy is to plan for sustainable coastal development. Relevant strategies include:

> Plan and manage coastal population growth and increased visitation so that impacts do not cause unsustainable use of coastal resources.

> Support a network of diverse coastal settlements that provide for a broad range of housing types, economic opportunities and services.

> Encourage urban renewal and redevelopment opportunities in existing settlements to reduce the demand for urban sprawl.

> Identify a clear settlement boundary around coastal settlements to ensure that growth in coastal areas is planned and coastal values are protected. Where no settlement boundary is identified, the extent of a settlement is defined by the extent of existing urban zoned land and any land identified on a plan in the planning scheme for future urban settlement.

> Direct new residential and other urban development and infrastructure to locations within defined settlement boundaries of existing settlements that are capable of accommodating growth.

> Support the sustainable management of growth around coastal, estuary and marine assets to protect environmental values, and to achieve regional economic and community benefits.

> Avoid linear urban sprawl along the coastal edge and ribbon development in rural landscapes.

> Protect areas between settlements for non-urban use.

> Avoid development on ridgelines, primary coastal dune systems and low lying coastal areas.

> Encourage the restructure of old and inappropriate subdivisions to reduce development impacts on the environment.


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> Ensure a sustainable water supply, stormwater and sewerage treatment for all development.

> Minimise the quantity and enhance the quality of stormwater discharge from new development into the ocean, bays and estuaries.

11.03-5R – The Great Ocean Road Region – The objective of this policy is to manage the sustainable development of the Great Ocean Road region.

12.02 – Coastal Areas – Contains policies relating to the protection of coastal areas, coastal Crown land and bays. Relevant objectives of these policies are :

> To recognise the value of coastal areas to the community, conserve and enhance coastal areas and ensure sustainable use of natural coastal resources.

> To achieve coastal crown land development that provides an environmental, social and economic balance

> To improve the environmental health of Port Phillip Bay and Western Port and their catchments

13.01 – Climate Change Impacts – This policy relates to natural hazards and climate change and coastal inundation and erosion and aims to minimise the impacts of natural hazards and adapt to the impacts of climate change through risk-based planning and to plan for and manage the potential coastal impacts of climate change.

Comment: The proposal seeks approval to gain access to an existing house which will have no impact on the Great Ocean Road and the surrounding coastal features. The bridge will be constructed at a height which will take into account potential climate change outcomes.

13.02 – Bushfire – This policy aims to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. This policy must be applied to all planning and decision making under the Planning and Environment Act 1987 relating to land which is within a designated bushfire prone area.

Strategies include giving priority to the protection of human life, identifying bushfire hazards and undertake appropriate risk assessment, planning to strengthen the resilience of settlements and communities and prioritise protection of human life.

In a bushfire prone area designated in accordance with regulations made under the Building Act 1993, bushfire risk should be considered when assessing planning applications for

subdivisions of more than 10 lots.

accommodation.

a child care centre.

an education centre.

an emergency services facility.


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a hospital.

an indoor recreation facility.

a major sports and recreation facility.

place of assembly.

any application for development that will result in people congregating in large numbers.

When assessing a Planning Permit application for the above use and/or development:

> Consider the risk of bushfire to people, property and community infrastructure.

> Require the implementation of appropriate bushfire protection measures to address the identified bushfire risk.

> Ensure new development can implement bushfire protection measures without unacceptable biodiversity impacts.

Comment: The subject site is identified as being within the Designated Bushfire Prone Area Map, however, the provisions of this clause are not relevant to the proposal.

12.01 – Biodiversity – Contains policies relating to the protection of biodiversity and native vegetation management. Relevant objectives of these policies are :

> To assist the protection and conservation of Victoria’s biodiversity.

> To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation.

Comment: As advised the application will be subject to environmental management conditions that will be aimed at preventing environmental impacts. No native vegetation is identified on the site but this can be confirmed by further assessment if required.

12.03 – Water Bodies and Wetlands – This policy aims to protect and enhance river corridors, waterways, lakes and wetlands by ensuring development responds to and respects the significant environmental, conservation, cultural, aesthetic, open space, recreation and tourism assets of water bodies and wetlands and is sensitively designed and sited to maintain and enhance environmental assets, significant views and landscapes along river corridors and waterways and adjacent to lakes and wetlands.

Comment: The application seeks approval for a small access bridge to provide private access only to existing private land where a dwelling has been established. It therefore will not be accessible for the public and be of limited size to carry only one vehicle at a time. As previously advised we understand that the construction of a bridge at this location will be subject to strict environmental conditions.


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12.05 – Significant Environments and Landscapes – Contains policies relating to environmentally sensitive areas and landscapes. Objectives of these policies are:

> To protect and conserve environmentally sensitive areas.

> To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments.

13.03 – Floodplains – This policy aims to assist the protection of:

> Life, property and community infrastructure from flood hazard.

> The natural flood carrying capacity of rivers, streams and floodways.

> The flood storage function of floodplains and waterways.

> Floodplain areas of environmental significance or of importance to river health.

13.04 – Soil Degradation – Contains policies relating to contaminated and potentially contaminated land, erosion and landslip and salinity. Relevant objectives and strategies of these policies are :

> To ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

> To protect areas prone to erosion, landslip or other land degradation processes.

> To minimise the impact of salinity and rising water tables on land uses, buildings and infrastructure in rural and urban areas and areas of environmental significance and reduce salt load in rivers.

14.02 – Water – Contains policies relating to catchment planning and management, water quality and water conservation. The objectives of these policies are :

> To assist the protection and restoration of catchments, water bodies, groundwater, and the marine environment.

> To protect water quality.

18.02 – Movement Networks – Contains policies relating to sustainable personal transport, public transport, road systems and carparking.

Comment: The application is considered to accord with the provisions within the Clauses above in that the construction of a vehicle crossing bridge will facilitate access to the existing dwelling on the site. As previously advised, the application will be subject to strict environmental controls. The bridge will be designed and constructed minimising any flood risks.


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9.2 Local Planning Policy Framework

9.2.1 Local Planning Policies

11.03-6L– Apollo Bay and Marengo contains an objective to enhance Apollo Bay and Marengo as distinct coastal settlements with their own local character.

Comment: The application for buildings and works associated with the construction of a vehicle crossing bridge is considered to accord with the relevant objective relating to the Apollo Bay region. The application will facilitate vehicle access to the existing dwelling at 80 Great Ocean Road. It is therefore considered that the application will have no adverse impacts on the local character of Apollo Bay.

10 Conclusion

The proposal is consistent with the State and Local Planning Policy context in relation to buildings and works associated with the construction of a vehicle crossing bridge on the site to facilitate access to the existing dwelling on Lot 1 on TP180997.

The proposal is therefore considered to be consistent with the purpose of the Public Conservation and Resource Zone and the Rural Conservation Zone. The application also satisfies the relevant application requirements and decision guidelines within the Environmental Significance Overlay – Schedule 2, Erosion Management Overlay – Schedule 1 and Land Subject to Inundation Overlay – Schedule 3.

For the reasons outlined in this report, it is considered the buildings and works associated with the construction of a vehicle crossing bridge is appropriate and should therefore be supported by Council.

……….…….......................................….…….…. Chris Marshall Planning Manager, Regional Victoria/Principle

Documents

Construction of a Vehicle Bridge