Planning Scheme Amendments

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Planning Scheme Amendments in progress

The proposed planning scheme amendments below are currently being considered by Council or external agencies. Click their title to see more information.

Amendment C114 - Spring Creek Precinct Structure Plan

Current Status: AWAITING DECISION

Amendment C114, which implements the Spring Creek Precinct Structure Plan (PSP), was adopted by Council on 24 October 2017.

In summary, the adopted PSP:

  • Maintains lower housing densities while providing modest opportunities for housing diversity through the provision of a greater number of smaller lots around the neighbourhood centre, school and local activity centres.
  • Maintains larger lot sizes (1,500-2,000m2) along the western precinct boundary, on the steep northern slopes of Spring Creek and along Grossmans Road.
  • Maintains generous creek buffers of 75 metres wide each side of Spring Creek and 50 metres wide each side of the northern tributaries, except for a reduction in width of part of the northern most tributary on Grossmans Road properties.
  • Maintains an open space network that incorporates creek corridors and conservation reserves, and provides for walking and cycling trails.
  • Protects significant vegetation (in particular Bellarine Yellow Gums) within creek corridors, conservation reserves and road reserves, including along Grossmans Road, Duffields Road and Great Ocean Road.
  • Does not include traffic lights at the Great Ocean Road / Strathmore Drive East intersection.
  • Includes mandatory design controls for future dwellings, with minimum setbacks and maximum site coverage to ensure sufficient space is available for landscaping on each lot.

The adopted amendment and final documents have been submitted to the Minister for Planning for approval. The Minister can decide to approve the amendment with or without changes.

Land affected by the amendment

The land affected by the amendment is approximately 245 hectares of land located to the west of the township of Torquay. The land is referred to as the Spring Creek Precinct, which extends one kilometre west of Duffields Road and is bounded by the Great Ocean Road to the south and Grossmans Road to the north.

What the amendment does

The amendment proposes to incorporate the Spring Creek Precinct Structure Plan into the Surf Coast Planning Scheme; amend Schedule 1 to the Urban Growth Zone and rezone part of land within the precinct to Urban Growth Zone (UGZ1); apply the Development Contributions Plan Overlay Schedule 3 (DCPO3) to all land zoned; and include the Spring Creek Native Vegetation Precinct Plan.

Want to know more?

The Amendment documents can be viewed online at the Department of Land Environment Water and Planning website.

You may also inspect a hard copy of the Amendment documents during office hours at Surf Coast Shire Council offices, 1 Merrijig Drive, Torquay.

Exhibited Spring Creek Precinct Structure Plan(PDF, 40MB)

Exhibited Spring Creek Native Vegetation Precinct Plan(PDF, 2MB)

C114 Panel Report(PDF, 2MB)

Map showing adopted lot sizes/densities(PDF, 450KB)


Planning Scheme Amendments recently approved

The Planning Scheme amendments below have been adopted by Council and approved by the Minister for Planning. Click their title to see more information.

Amendment C138

Amendment C138 proposes to rezone 3.9 hectares of Farming Zone land to the Industrial 1 Zone to create 23 industrial lots at 25 Cressy Road, Winchelsea.

Find out more about Amendment C138

Amendment C133

The Surf Coast Shire Council has prepared Amendment C133 to the Surf Coast Planning Scheme to implement the recommendations from the Rural Hinterland Futures Strategy into the Surf Coast Planning Scheme.

Land Affected by the amendment

The land affected by the amendment is the Shire’s hinterland (all land zoned Farming and Rural Conservation Zone outside a settlement boundary).

What the amendment does

The amendment proposes to change local planning policy to strengthen the role of the hinterland for agriculture and facilitate tourism and nature based tourism in designated areas. It also proposes to change the Schedule to the Farming Zone to simplify the minimum lot size requirements within the Thompsons Creek Catchment area.

Current Status

Council adopted Amendment C133 at its meeting on 27 September 2022(PDF, 88MB). The amendment was submitted to the Minister for Planning for approval on 11 October 2022 and gazetted on 20 January 2023. The amendment now forms part of the Surf Coast Planning Scheme.

View the submitted amendment here.

Supporting Documents

Rural Hinterland Futures Strategy 2019(PDF, 6MB)

Hinterland Design Guidelines 2022(PDF, 23MB)

Thompsons Creek Catchment Review 2022
(PDF, 9MB)

Background to the amendment

Council resolved to adopt the Rural Hinterland Futures Strategy at the Ordinary Council meeting on Tuesday 28 May, 2019.

The Strategy includes a vision, five key objectives and thirty-eight priority actions to provide clear strategic directions for the rural areas of the shire, which respects the shire's environment and scenic landscapes.

View the adopted Rural Hinterland Futures Strategy(PDF, 6MB)

Public Exhibition

The amendment was placed on public exhibition between 2 September and 4 October 2021 and 14 submissions were received. Council considered submissions to the amendment at its meeting on 23 November 2021 and resolved to refer the amendment and submissions to an independent planning panel for consideration.

The panel report(PDF, 890KB)  and next steps were considered by Council at its meeting on 28 June 2022. Council supported officers undertaking further work on the ‘Thompsons Creek Catchment Review’ to incorporate recommendations made by the Panel.

Thompsons Creek Catchment Review updated(PDF, 9MB).

10 of the 13 changes to the amendment recommended by the Panel were supported by Council at its meeting on 27 September 2022. The Minister for Planning ultimately approves the amendment.

Want to know more?

Frequently asked questions

Council has prepared a series of quick explanatory videos explaining the key elements of the amendment which can be accessed below:

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Amendment C140

Current Status: Approved

Amendment C140 was approved by the Minister for Planning on 8 September 2022.

Land affected by the amendment

The land affected by the amendment is:

  • Federal Street, Aireys Inlet (part Surf Coast Walk);
  • Anglesea Borefield Precinct, Anglesea;
  • 22 Deans Marsh-Lorne Road, Deans Marsh;
  • 6-20 Pennyroyal Valley Road, Deans Marsh;
  • 1910 Winchelsea-Deans Marsh Road, Deans Marsh;
  • 2005 Winchelsea-Deans Marsh Road, Deans Marsh;
  • Part Government Road, Deans Marsh;
  • 4-5 Rip View Close, Jan Juc;
  • 111-115 Strathmore Drive, Jan Juc;
  • 89-91 Sunset Strip, Jan Juc;
  • 10-11 Wattle Court, Jan Juc;
  • CA 2033, Lorne (land adjoining 10 Howard Street, Lorne);
  • 3 Deans Marsh Road, Lorne;
  • 80 Erskine Falls Road, Lorne;
  • 2860 Great Ocean Road, Lorne;
  • 45 Otway Street, Lorne;
  • 3 Waverley Avenue, Lorne;
  • 910 Cape Otway Road, Modewarre;
  • 465 Considines Road, Modewarre;
  • 6 Sutherland Court, Moggs Creek;
  • 35 Bell Street, Torquay;
  • 49-55 Bright Street, Torquay;
  • 10 McFarlane Street, Torquay;
  • 1510 Surf Coast Highway, Torquay;
  • 36 Wadawurrung Way, Torquay;
  • Main Street Service Road, Winchelsea;
  • 44 Main Street, Winchelsea;
  • R1 on PS718344P (road reserve adjoining 2935 Princes Highway, Winchelsea);
  • 2935 Princes Highway, Winchelsea;
  • 50 Witcombe Street, Winchelsea;
  • Land affected by Schedule 1 to the Neighbourhood Character Overlay, Aireys Inlet;
  • Land affected by Schedule 24 to the Design and Development Overlay, Bellbrae;
  • Land affected by Schedule 2 to the Neighbourhood Character Overlay, Lorne;
  • Land affected by Schedule 5 to the Special Use Zone, Torquay.

What the amendment does

The amendment updates the Surf Coast Planning Scheme to correct minor errors and mapping anomalies. In addition, the amendment updates the Schedule to Clause 43.01 to allow prohibited uses for HO147: the Former Orchard Bakery & associated Dwelling, Winchelsea.

Amendment Documents

A copy of the approved amendment documents can be viewed at the Department of Environment, Land, Water and Planning website.

Supporting Documents

Surf Coast Heritage Study Stage 2B Statements of Significance (July 2009, revised November 2021)(PDF, 2MB)


Planning Scheme Amendment Process

This information is for people who want to have land rezoned or would like part of the planning scheme amended for a particular purpose.

More information about the planning scheme amendment process is available via the Department of Environment, Land, Water and Planning.

Surf Coast Planning Scheme Amendment Guide for Applicants(PDF, 107KB)

Fees

The following fees apply to planning scheme amendments from 1 July 2024 to 30 June 2025:

Stage

Fee

1

a) Considering a request to amend a planning scheme; and
b) Taking action required by Division 1 of Part 3 of the Act; and
c) Considering any submissions which do not seek a change to the amendment; and
d) If applicable, abandoning the amendment.

$3,364.00

2

a) Considering submissions which seek a change to an amendment, and where necessary, referring the submissions to a panel:

 

i) Up to 10 submissions

$16,672.90

ii) 11 to 20 submissions

$33,313.20

iii) More than 20 submissions

$44,531.90

b) Helping a panel in accordance with section 158 of the Act; and
c) Making a submission to a panel appointed under Part 8 of the Act at a hearing referred to in section 24(b) of the Act; and
d) Considering the panel’s report in accordance with section 27 of the Act; and
e) After considering submissions and the panel's report, if applicable, abandoning the amendment

 

3

a) Adopting the amendment or a part of an amendment in accordance with section 29 of the Act; and
b) Submitting the amendment for approval by the Minister in accordance with section 31 of the Act; and
c) Giving notice of approval of the amendment required by section 36(2) of the Act.

$530.70

4

a) Consideration by the Minister of a request to approve an amendment; and
b) Giving notice of approval of an amendment.

$530.70

The fees for stages 1, 2 and 3 are paid to the planning authority by the person who requested the amendment.

The fee for stage 4 is paid to the Minister by the person who requested the amendment.

Combined Planning Permit Application and Planning Scheme Amendment

For a combined planning permit application and planning scheme amendment the fee is the sum of the highest of the fees which would have applied if separate applications were made and 50% of each of the other fees which would have applied if separate applications were made.

Reference should be made to the Planning and Environment (Fees) Regulations 2016 and the Subdivision (Fees) Regulations 2016 to obtain the complete wording of individual fee regulations and other regulations (which include waiving and rebating provisions).