Rural Strategy - Surf Coast Shire

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Surf Coast Shire Rural Strategy Review Final Report If the former matters are adequately addressed the following matters should be included as minimum requirements: That the development be consistent with the precinct objectives and strategies (Section 10); That the development will not compromise the rural landscape; That the land use is compatible with the use of adjoining and surrounding lands; and That the proposal will not compromise the vision for the rural areas that involves providing for agriculture and preserving the rural farmed landscape. 9.7 Rural Living There is existing Rural Living opportunities in the Shire at present which are being provided via planned rural living and low-density residential estates. The Shire’s rural lands are a finite resource and unnecessary urban / residential intrusion onto such land is strongly discouraged. Council’s Housing Strategy and this Rural Review does not support the need for additional Rural Living rezonings at this time. It is recognised that some rural land, although zoned for farming, is and will, be used for larger scale rural living. 9.8 Lot Sizes, Dwellings, Excisions Encouraging the productive use of agriculturally valuable land remains a priority for the Shire’s rural lands. Council’s existing policies on minimum lot sizes, rural dwellings and small lot excisions seek to facilitate increased productivity in agriculture, not to create an opportunity for additional dwellings in rural areas. This review endorses the retention of such policies (refer rationale below), which seek to maintain rural land values by separating the nexus between subdivision and dwelling approvals. 9.9 Minimum Lot Sizes It is inappropriate for the Shire to become involved in determining what is an economically viable lot size. Rather, lot sizes should be based on what is technically viable. That is, lots should be sufficiently large to maintain the integrity of the landscape and to enable the landowners to own and use such equipment and skills as are necessary to maintain the land using best practice. Accordingly, the existing Schedule to the Farming Zone provides for minimum lot sizes based on the land capability systems previously described, with modifications taking into consideration factors such as existing tenement patterns, landscape values and environmental significance. This review tested, via consultation, the appropriateness of the current lot size schedule to the Farming Zone and found that there was general support for their retention. Combined with the tenement provisions the specified schedule is achieving the degree of control warranted. The past regime of minimum lot size has left a legacy of rural-farmed landscapes across the Shire. These landscapes are valued by the Surf Coast community and contribute to the amenity and liveability of the Shire and increasingly local tourism. The rural-farmed landscape was identified as a key element in defining the landscape character in GORLASS and the Landscape Assessment North of the Princes Highway. Preventing ribbon RMCG Consultants for Business, Communities & Environment Page 54
Surf Coast Shire Rural Strategy Review Final Report development between towns, development at township and natural landscape edges and along road corridors were identified as critical to maintaining landscape character and values. Reducing the minimum lot size particularly at urban boundaries for rural residential development would have significant negative impacts on landscape character. It is a recommendation of this study that the basis for establishing minimum lot sizes be broadened from a consideration of land units to support agriculture to include consideration and protection of the rural-farmed landscape. 9.10 Dwellings In seeking to minimise the fragmentation of rural land, there is a need to achieve a cultural change in the expectation that a dwelling may be constructed on every lot. The primary justifications for a house on a rural lot must be that it complements and improves the agricultural use of the land and preserves the existing rural character of the area. In the Farming Zone a permit is not required to use land for a dwelling provided it meets the minimum lot size specified in the zone schedule. On smaller lots a permit may be granted, provided (amongst other things) that the dwelling is reasonably required for the operation of the rural activity conducted on the land. This provision allows for a wide interpretation of what is “reasonably” required for a rural activity and, indeed, what is considered to be a bone fide rural activity. Without clear guidelines it will be very difficult to make effective and consistent decisions, particularly if an applicant uses personal hardship or family reasons to reinforce the planning grounds. Given that the purpose of the provision is to limit the proliferation of dwellings in a rural zone, it would create a dilemma if Council were to approve a dwelling on an existing single small lot, but refuse a dwelling on a similar sized lot which was part of a multiple land holding. In the first instance, there has been an historical expectation that a person can build a dwelling on a lot if it exists as a single tenement holding before the introduction of planning scheme controls. In the second case, if permits were to be issued for dwellings on all existing undersized allotments throughout the Shire this would result in substantial fragmentation and loss of existing rural land. Council has addressed this problem through the use of tenement provisions at Clause 22.02 (Rural and Environmental Development Policy). That is, a dwelling will only be permitted on a lot less than the minimum size for the zone provided that the lot has historically been in different ownership to adjoining lots. In the past, tenement provisions have been generally effective in limiting the number of houses built in the rural area and in encouraging retention of rural land holdings and their continued use for traditional farming production. By maintaining this policy, an equitable entitlement to housing is managed which avoids the encouragement to fragment land holdings. Owners can build on smaller existing tenements without prejudicing the decision guideline requiring, in all other cases, that an application for a house on an undersized allotment be justified on the basis of being required for the operation of the rural activity. RMCG Consultants for Business, Communities & Environment Page 55
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Rural Strategy - Surf Coast Shire

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