The Nyora Development Plan has now been passed at Council meeting on September 23rd, 2020. The location of the 4ha of public open space reserve was relocated after concerns raised through the exhibition process. The open space had been located over an existing dam and in an area that is partially vegetated so therefore would not provide 4ha of active open space.
In response to the concerns raised, the amended Development Plan proposed to locate the 4ha of active open space closer to Lang Lang Poowong Road in a flatter area on the site. See plan.
The Development Plan includes large areas of conservation and drainage reserves to facilitate the orderly development of the land. Council staff are in discussion with the proponent to determine the infrastructure required to support these areas. The applicant has provided a Landscaping Master Plan that satisfies the requirements of the DPO10 Schedule. Infrastructure requirements are detailed in Council’s Infrastructure Design Manual and if the Development Plan is approved, will be applied as conditions of subdivision.
A portion of the land covered by the DPO remains in the Farming Zone. This land will be subject to a future planning scheme amendment and will include a number of formal opportunities for public comment.
The subject of growth in Nyora has been a conversation with the community that has continued over the past 15 years. It commenced with the development of Urban Design Frameworks in 2005 and continued with the adoption of the Nyora Community Plan in 2010.
Inclusion of the Nyora Structure Plan (Amendment C72) into the South Gippsland Planning Scheme in 2013 defined Nyora’s growth opportunity and the subject site was rezoned to General Residential Zone Schedule 1 (GRZ1) in 2016 (Amendment C97).
The Planning Scheme Amendments were supported by public consultation and required Ministerial approval. Amendment C97 to rezone the subject land received no objections.
Whilst Council’s consideration of the Development Plan is not subject to third party appeal rights at Victorian Civil and Administrative Tribunal (VCAT), it provides the last opportunity for Council to consider community input into the future development of Nyora, particularly as it relates to the subject land. The DPO provisions state that where a planning permit application accords with the requirements of an approved Development Plan, the permit application is exempt from notice (advertising) and appeal (VCAT). This was noted on public exhibition documents.
Members of the local community have complained on facebook that Council only let them know by letter a week before the Council meeting and one resident stated that the officer was not at work on Mon or Tuesday this week ahead of the council meeting on Wednesday 23rd September.
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