204 Daylesford Road

Ballarat Planning Scheme
Planning Report for a Multi-Lot

Subdivision and Access to a Road
Zone Category 1
Address: 204 Daylesford Road, Brown Hill

Reference: P-00772
Ballarat City Council
iPlanning Services Pty Ltd – April 2020

Multi-Lot Subdivision and Access to a Road Zone Category 1
204 Daylesford Road, Brown Hill
Prepared for:
Ecko Property Group
Prepared by:
iPlanning Services Pty Ltd

PO Box 1401
Bakery Hill
Ballarat Vic 3354
T 0408 577 880
E james.ips@iinet.net.au
ABN 45 160 262 000
Quality Information
Document Planning Report

Reference No. P-00772
Date April 2020
Prepared by James Iles
The information contained in this document produced by iPlanning Services Pty Ltd is solely for the use of the Client identified on the cover sheet for the purpose for
which it has been prepared and iPlanning Services Pty Ltd undertakes no duty to or accepts any responsibility to any third party who may rely upon this document. All
rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or transmitted in any form without the
written permission of iPlanning Services Pty Ltd.
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Table of Contents
1. Introduction .................................................................................................................................................. 1
2. Permit Trigger/s ............................................................................................................................................ 1
3. Subject Site and Site Context .......................................................................................................................... 1
4. Proposal....................................................................................................................................................... 3
5. Planning Controls .......................................................................................................................................... 4
5.1 Zoning .......................................................................................................................................................... 4
5.2 Subdivision .................................................................................................................................................... 5
5.3 Minimum Garden Area Requirement.................................................................................................................... 5
6. Overlays ....................................................................................................................................................... 6
7. Particular Provisions...................................................................................................................................... 6
7.1 Public Open Space Contribution and Subdivision ................................................................................................... 6
7.2 Native Vegetation ............................................................................................................................................ 6
7.3 Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road ................................... 7
7.4 Residential Subdivision..................................................................................................................................... 7
8. General Provisions ...................................................................................................................................... 13
8.1 Decision Guidelines ....................................................................................................................................... 13
9. Policy Context ............................................................................................................................................. 14
9.1 Planning Policy Framework ............................................................................................................................. 14
9.2 Local Planning Policy Framework ..................................................................................................................... 16
10. Conclusion ................................................................................................................................................. 18
11. Photos of the site and surrounds ................................................................................................................... 19
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1. Introduction
iPlanning Services Pty. Ltd. has been engaged by Ecko Property Group to submit a Planning Permit Application on
their behalf for a multi-lot subdivision and access to a Road Zone Category 1 located at 204 Daylesford Road,
Brown Hill.
2. Permit Trigger/s
A Planning Permit is required for the above proposal under the following provisions of the Planning Scheme:
 General Residential Zone Clause 32.08-2 Subdivision of land

 Access to a Road Zone Clause 52.29-2 Create an access
3. Subject Site and Site Context
The subject site is located on the south side of Daylesford Road and the east side of Cypress Road. The site
consists of one Title, Vol. 09696 Fol. 897 Lot C on Plan of Subdivision No. 204227A. The site is regular in shape
with a frontage of approximately 55.34 metres to Daylesford Road, a frontage of approximately 95.55 metres to
Cypress Road, a southern boundary of approximately 114.83 metres, and an eastern boundary of approximately
148.09 metres with an overall area of approximately 1.334 hectares.
The site currently contains an existing single storey brick dwelling that fronts Daylesford Road, a number of
outbuildings and an open paddock located behind the dwelling that fronts onto Cypress Road. The land has a fall
of approximately 23.0 metres from the southwest corner to the northeast corner. There is an existing open drain on
the site that collects the surface water on the site and directs it to the legal point of discharge that is located in
Daylesford Road.
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The surrounding development includes mainly residential development with a recent subdivision located to the east
and also to the north. The lot sizes vary with smaller lots located to the east of the site, with larger lots located back
towards the west. There have been a number of new subdivisions occurring in this area of Brown Hill comprising
various lot sizes.
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The site located relatively close to shops, public transport, schools and recreational facilities. The site is located
approximately 4.6 kilometres to the east of the main Ballarat Central Business Area. There is the Brown Hill
neighbourhood shopping centre located on Humffray Street North which is approximately 1.2 kilometres to the west
of the site. The shopping centre comprises a milk bar, petrol station, fish and chip shop and laundrette.
There is a bus stop located in Daylesford Road on the north side which is approximately 50 metres to the east of
the site.
Ballarat Secondary College (east campus) is located 2.2 kilometres to the south east of the site situated on Fussell
Street. St Alipius Catholic School is located approximately 4.1 kilometres to the south east on Victoria Street.
There is also Mt Xavier Catholic Primary School which is located approximately 3.5 kilometres to the south of the
site.
The Brown Hill Recreation Reserve and Swimming Pool is located approximately 1.5 kilometres to the west of the
site situated on Humffray Street North. Mt Xavier Golf Course is located approximately 4.0 kilometres to the south
of the site. The linear walking track along the Yarrowee River is located 100 metres from the site, which is a
combined walking and bicycle track that connects to other tracks in the Ballarat area.
The subject site and the surrounding land is located within the General Residential Zone. There are no Overlays
affecting the site.
Daylesford Road is a sealed bitumen road with concrete kerb and channel located on the south side. There are no
footpaths on either side and there are grassed naturestrips on both sides. Overhead powerlines are located on
both sides of the road reserve as well as water supply. Daylesford Road is controlled and maintained by VicRoads.
Cypress Road is a bitumen sealed road with concrete kerb and channel on both sides. There are no footpaths on
either side of the road. Grassed naturestrips are located on both sides. Cypress Road is controlled and maintained
by the City of Ballarat.
4. Proposal
The proposal is to subdivide the land into seventeen (17) lots and a new road access from Cypress Road. The
following is a breakdown of the lots:
Lots between (m2) No. of lots Proposed lot numbers

501 -600 7 2, 3, 5-8, & 13
601-700 5 1, 4 & 10-12
701-800 2 9 & 16
>801 3 14, 15 & 17
Total 17
The frontages of the lots vary between 12 and 25 metres.
All services will be provided to each lot such a power, water, sewer and drainage.
A new road will intersect with Cypress to provide access to lots 5 to 14.on. The new road will have a width of 18.0
metres which is in accordance with Council’s IDM requirements. The new road will comprise bitumen seal road,
concrete kerb and channel, grassed naturestrips, street trees and drainage. Lots 1 to 4 will access from Cypress
Road and Lots 15 to 17 will access from Daylesford Road. There is currently an existing access point to Daylesford,
however an additional 2 driveways will be required.
No native vegetation will be removed from the site.
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5. Planning Controls
5.1 Zoning
The subject site is situated within the General Residential Zone (GRZ1).
Clause 32.08 of the Planning Scheme refers to the General Residential Zone and the purpose of the Zone is:
 To implement the State Planning Policy Framework and the Local Planning Policy Framework, including
the Municipal Strategic Statement and local planning policies.
 To encourage development that respects the neighbourhood character of the area.
 To implement neighbourhood character policy and adopted neighbourhood character guidelines.
 To provide a diversity of housing types and moderate housing growth in locations offering good access to
services and transport.
 To allow educational, recreational, religious, community and a limited range of other non-residential uses
to serve local community needs in appropriate locations.
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Response:
The proposal is consistent with the purpose of the General Residential Zone. It will enable development for
residential purposes at a range of densities, and will contribute to a choice of dwelling types in the area, to meet
the needs of a variety of households. The proposals compliance with relevant Planning and Local policies is
addressed below.
5.2 Subdivision
Under Clause 32.08-3 of the Planning Scheme, a Planning Permit is required to subdivide land included within the
General Residential Zone.
An application to subdivide land.
An application to subdivide land that would create a vacant lot less than 400 square metres capable of development
for a dwelling or residential building, must ensure that each vacant lot created less than 400 square metres contains
at least 25 percent as garden area. This does not apply to a lot created by an application to subdivide land where
that lot is created in accordance with:
 An approved precinct structure plan or an equivalent strategic plan;

 An incorporated plan or approved development plan; or
 A permit for development.
An application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the
requirements of Clause 56 and:
 Must meet all of the objectives included in the clauses specified in the following table.
 Should meet all of the standards included in the clauses specified in the following table.
Class of subdivision Objectives and standards to be met
60 or more lots All except Clause 56.03-5.

16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and
56.06-3.
3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2,
56.06-1, 56.06-3 and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to
56.09-2.
Response:
A full assessment of the application against Clause 56 is located at Section 7.4 of this report.
5.3 Minimum Garden Area Requirement
An application to construct or extend a dwelling or residential building on a lot must provide a minimum garden area
as set out in the following table:
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This does not apply to:
 An application to construct or extend a dwelling or residential building if specified in a schedule to this zone
as exempt from the minimum garden area requirement;
 An application to construct or extend a dwelling or residential building on a lot if:
 The lot is designated as a medium density housing site in an approved precinct structure plan or an
approved equivalent strategic plan;
 The lot is designated as a medium density housing site in an incorporated plan or approved
development plan; or
 An application to alter or extend an existing building that did not comply with the minimum garden area
requirement of Clause 32.08-4 on the approval date of Amendment VC110.
Response:
All lots will be provided with at least 35% of garden area.
6. Overlays
There are no Overlays that affect the site.
7. Particular Provisions
7.1 Public Open Space Contribution and Subdivision
Under the provisions of Clause 53.01, a person who proposes to subdivide land must make a contribution to the
council for public open space in an amount specified in the schedule to this clause (being a percentage of the land
intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such
land, or a combination of both). If no amount is specified, a contribution for public open space may still be required
under Section 18 of the Subdivision Act 1988.
Response:
A 5% public open space contribution will be required for the subdivision as per the requirements of Section 18
of the Subdivision Act 1988.
7.2 Native Vegetation
Clause 52.17 of the Planning Scheme refers to Native Vegetation requirements and the purpose of the Clause is:
 To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native
vegetation. This is achieved by applying the following three step approach in accordance with the Guidelines
for the removal, destruction or lopping of native vegetation (Department of Environment, Land, Water and
Planning, 2017) (the Guidelines):
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 Avoid the removal, destruction or lopping of native vegetation.

 Minimise impacts from the removal, destruction or lopping of native vegetation that cannot be avoided.
 Provide an offset to compensate for the biodiversity impact if a permit is granted to remove, destroy
or lop native vegetation.
 To manage the removal, destruction or lopping of native vegetation to minimise land and water degradation.
Clause 52.17-1 Permit Requirement states that 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.
Response:
There is no native vegetation to be removed as a part of this application.
7.3 Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road
Under the provisions of Clause 52.29, a permit is required to create or alter access to a road in a Road Zone,
Category 1 or land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road.
Further, a permit is also required to subdivide land adjacent to a road in a Road Zone, Category 1 or land in a Public
Acquisition Overlay if the purpose of acquisition is for a Category 1 road.
Response:
The proposed driveways from Daylesford Road to Lots 15 to 17 will require approval from VicRoads. The
application will be referred to them for comment.
7.4 Residential Subdivision
Clause 56 of the Planning Scheme sets out various objectives and standards which Planning Permit applications
for residential subdivision must meet.
Clause (Standard) Comment
56.03-4 (C5)
BUILT ENVIRONMENT OBJECTIVE Complies – The proposed lots are similar in size to other
existing lots in the immediate area. The lots range in size
To create urban places with identity and character. from 500m2 to 1,500m2 with the existing dwelling contained
on Lot 17.
56.04-1 (C7)
LOT DIVERSITY AND DISTRIBUTION Complies - The subdivision allows for an appropriate
OBJECTIVES housing density with the average lot size being
approximately 634m2.
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To achieve housing densities that support The subdivision provides a range of lot sizes and shapes to
compact and walkable neighbourhoods and the suit a variety of dwelling and household types and needs.
efficient provision of public transport services.
Lots are appropriately orientated and are of adequate size
To provide higher housing densities within walking to allow for the construction of dwellings and associated
distance of neighbourhood centres. outbuildings. Lots are reasonably accessible to all required
facilities such as public transport, neighbourhood centres
To achieve increased housing densities in and the like.
designated growth areas.
To provide a range of lot sizes to suit a variety of

dwelling and household types.
56.04-2 (C8)
LOT AREA AND BUILDING ENVELOPES Complies – The proposed lots can comfortably
OBJECTIVE accommodate the development of a dwelling on each
respective allotment.
To provide lots with areas and dimensions that
enable the appropriate siting and construction of a Each lot is sufficient in area to provide appropriate vehicular
dwelling, solar access, private open space, vehicle access, solar access, on–site parking and easements.
access and parking, water management,
easements and the retention of significant
vegetation and site features.
56.04-3 (C9)
SOLAR ORIENTATION OF LOTS OBJECTIVE Complies – All lots are of sufficient size to have appropriate
solar orientation.
To provide good solar orientation of lots and solar
access for future dwellings.
56.04-4 (C10)
STREET ORIENTATION OBJECTIVE Complies - All lots will have both legal and practical access
to the internal roadway onto Cypress Road, Cypress Road
To provide a lot layout that contributes to and from Daylesford Road.
community social interaction, personal safety and
property security.
56.04-5 (C11)
COMMON AREA OBJECTIVES Complies – All vehicles will enter and leave the site in a
forward direction. There are no common property areas.
To identify common areas and the purpose for
which the area is commonly held.
To ensure the provision of common area is

appropriate and that necessary management
arrangements are in place.
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To maintain direct public access throughout the

neighbourhood street network.
56.05-1 (C12)
INTEGRATED URBAN LANDSCAPE Complies - The opportunity exists for landscaping of the
OBJECTIVES allotments and the incorporation of water sensitive design
options such as the provision of water tanks on each lot.
To provide attractive and continuous landscaping
in streets and public open spaces that contribute The width of the proposed internal road reserve will provide
to the character and identity of new good opportunity for landscaping and passing of vehicles.
neighbourhoods and urban places or to existing or
preferred neighbourhood character in existing
urban areas.
To incorporate natural and cultural features in the

design of streets and public open space where
appropriate.
To protect and enhance native habitat and

discourage the planting and spread of noxious
weeds.
To provide for integrated water management

systems and contribute to drinking water
conservation.
56.05-2 (C13)
PUBLIC OPEN SPACE PROVISION Not applicable.
OBJECTIVES
To provide a variety of open spaces with links to

other open spaces and regional parks where
possible.
To ensure that public open space of appropriate

quality and quantity is provided in convenient
locations to meet the recreational and social
needs of the community.
To support active and healthy communities.
56.06-2 (C15)
WALKING AND CYCLING NETWORK Complies - The proposed subdivision will connect to the
OBJECTIVES existing road network and provide for safe walking and
cycling access to facilities.
To contribute to community health and well-being
by encouraging walking and cycling as part of the
daily lives of residents, employees and visitors.
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To provide safe and direct movement through and

between neighbourhoods by pedestrians and
cyclists.
To reduce car use, greenhouse gas emissions and

air pollution.
56.06-4 (C17)
NEIGHBOURHOOD STREET NETWORK Complies - The new road created by the subdivision
OBJECTIVE connect to the existing neighbourhood street network
providing for direct, safe and easy movement through and
To provide for direct, safe and easy movement between neighbourhoods.
through and between neighbourhoods for
pedestrians, cyclists, public transport and other
motor vehicles using the neighbourhood street
network.
56.06-5 (C18)
WALKING AND CYCLING NETWORK DETAIL Complies - The proposed subdivision creates a new road
OBJECTIVES with roadside verges allowing for pedestrian and cyclist
traffic. The new roads will connect with the existing informal
To design and construct footpaths, shared path footpath and cycle path networks in this area.
and cycle path networks that are safe,
comfortable, well-constructed and accessible for
people with disabilities.
To design footpaths to accommodate wheelchairs,

prams, scooters and other footpath bound
vehicles.
56.06-6 (C19)
Public transport network detail objectives Complies – A bus stop is located adjacent to the site in
Cypress Road.
To provide for the safe, efficient operation of public
transport and the comfort and convenience of
public transport users.
To provide public transport stops that are

accessible to people with disabilities.
56.06-7 (C20)
NEIGHBOURHOOD STREET NETWORK The subdivision creates a new road that connects to
DETAIL OBJECTIVE Cypress Road and the broader roadway system. The
density of the proposed subdivision does not place an
To design and construct street carriageways and undue load on the existing road infrastructure and does not
verges so that the street geometry and traffic compromise the level of service or safety of the roads.
speeds provide an accessible and safe
neighbourhood street system for all users.
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56.06-8 (C21)
LOT ACCESS OBJECTIVE Complies – Lots 15 to 17 will have driveway access from
Daylesford Road. An additional driveway will be required to
To provide for safe vehicle access between roads Lot 15. VicRoads will need to be referred the application for
and lots. comment.
Lots 5 to 14 will have access from the new road via Cypress
Road. Lots 1 to 4 will access from Cypress Road.
All lots will be able to move safely in an efficient manner to

and from each lot.
56.07-1 (C22)
DRINKING WATER SUPPLY OBJECTIVES Complies – Water supply will be provided to the
requirements of Central Highlands Water Authority.
To reduce the use of drinking water.
To provide an adequate, cost-effective supply of

drinking water.
56.07-2 (C23)
REUSED AND RECYCLED WATER OBJECTIVE N/A – The use of recycled water is not proposed as part of
To provide for the substitution of drinking water for this development.
non-drinking purposes with reused and recycled
water.
56.07-3 (C24)
WASTE WATER MANAGEMENT OBJECTIVE Complies – The site will be connected to a reticulated
waste water system to the requirements of Central
To provide a waste water system that is adequate Highlands Water Authority.
for the maintenance of public health and the
management of effluent in an environmentally
friendly manner.
56.07-4 (C25)
URBAN RUN-OFF MANAGEMENT OBJECTIVES Complies – Site drainage will be consistent with current
best practice design principles. A Stormwater Management
To minimise damage to properties and Plan has been provide with the application.
inconvenience to residents from urban run-off.
To ensure that the street operates adequately

during major storm events and provides for public
safety.
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To minimise increases in stormwater run-off and

protect the environmental values and physical
characteristics of receiving waters from
degradation by urban run-off.
56.08-1 (C26)
SITE MANAGEMENT OBJECTIVES Complies – A detailed site management plan will be not
available until such time as the civil works are put out to
To protect drainage infrastructure and receiving tender and the successful tenderer provides full details of
waters from sedimentation and contamination. site management and containment plans. Such information
will be provided to Council when available prior to the
To protect the site and surrounding area from commencement of construction works.
environmental degradation or nuisance prior to
and during construction of subdivision works.
To encourage the reuse of materials from the site

and recycled materials in the construction of
subdivisions where practical.
56.09-1 (C27)
SHARED TRENCHING OBJECTIVES Complies – Trenching will be shared where possible.
To maximise the opportunities for shared

trenching.
To minimise constraints on landscaping within

street reserves.
56.09-2 (C28)
ELECTRICITY, TELECOMMUNICATIONS AND Complies – The lots will be connected to electricity,
GAS OBJECTIVES telecommunications and gas in accordance with the
relevant requirements of the supply/servicing agency.
To provide public utilities to each lot in a timely,
efficient and cost effective manner.
To reduce greenhouse gas emissions by

supporting generation and use of electricity from
renewable sources.
56.09-3 (C29)
FIRE HYDRANTS OBJECTIVE Complies - Fire hydrants will be provided in the design of
the subdivision to the satisfaction of the CFA.
To provide fire hydrants and fire plugs in positions
that enable fire fighters to access water safely,
effectively and efficiently.
56.09-4 (C30)
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PUBLIC LIGHTING OBJECTIVE Complies – New street lighting will be required in the new
road reserve. Lighting is provided in Daylesford Road and
To provide public lighting to ensure the safety of Cypress Road.
pedestrians, cyclists and vehicles.
To provide pedestrians with a sense of personal

safety at night.
To contribute to reducing greenhouse gas

emissions and to saving energy.
8. General Provisions
8.1 Decision Guidelines
Under the provisions of Clause 65.02, before deciding on an application to subdivide land, the responsible authority
must also consider, as appropriate:
Clause 65.02 – Application to subdivide land Comments

The suitability of the land for subdivision The land is suitable for subdivision.
Moreover, the subdivision finds support in the Local

Planning Policy Frameworks including the Municipal
Strategic Statement (MSS), and is consistent with the
purpose of the General Residential Zone.
The existing use and possible future development of the This is a residential subdivision in a residential area.
land and nearby land The resulting lots will be developed for the proposed
single dwellings.
Nearby and adjacent land is also zoned residential

and will remain for residential use and development.
The availability of subdivided land in the locality, and This subdivision presents itself as a residential infill
the need for the creation of further lots and urban consolidation opportunity, which are both
outcomes sought by the LPPF.
As per the LPPF, there is a demand for residential lots

in this area.
The effect of development on the use or development The subdivision will not adversely affect the drainage
of other land which has a common means of drainage regime that is associated with adjoining land or other
land in the vicinity of the subject site.
The subdivision pattern having regard to the physical Having regard to the physical characteristics of the
characteristics of the land including existing vegetation subject land and its surrounding context, it is
submitted that the pattern and rhythm of the
subdivision is appropriate for the subject land.
The subdivision will facilitate development that is in

keeping with the existing and preferred
neighbourhood character.
The density of the proposed development A seventeen (17) lot subdivision is generally
consistent with the existing neighbourhood whilst
allowing increased housing at a level that is
Page 13 of 25
appropriate in the General Residential Zone. There is

good shopping facilities, schools and public transport
services close by to the site.
The area and dimensions of each lot in the subdivision The proposed subdivision will create seventeen (17)
new residential lots all capable of containing a
dwelling, open space and car parking.
The layout of roads having regard to their function and The new road will comply with Council’s IDM
relationship to existing roads standards and will have appropriate access from
Cypress Road.
The movement of pedestrians and vehicles throughout It will be at the discretion of Council to require a
the subdivision and the ease of access to all lots footpath to be constructed along the new road. Also
whether is a need for a footpath to be constructed
along Daylesford Road and Cypress Road
The provision and location of reserves for public open No public open space will be provided with the
space and other community facilities development. A 5% contribution will be paid in monies
to Council as per the requirements of the Subdivision
Act 1988.
The staging of the subdivision Not applicable.
The design and siting of buildings having regard to The lots have been designed so that any future
safety and the risk of spread of fire dwellings are well segregated, with internal setbacks
of at least 1 metre from all boundaries. Therefore the
risk of the spread of fire is considered minimal.
The provision of off-street parking Sufficient land is available on each of the proposed
lots to accommodate off-street car parking in
association with the proposed dwellings.
The provision and location of common property Not applicable.
The functions of any body corporate Not applicable.
The availability and provision of utility services, The proposed subdivision can be serviced by the
including water, sewerage, drainage, electricity and gas following utility services, which are all available to it:
 Water;
 Sewerage;
 Drainage;
 Electricity;
 Natural Gas; and
 Telecommunications.
If the land is not sewered and no provision has been Not applicable.
made for the land to be sewered, the capacity of the
land to treat and retain all sewage and sullage within
the boundaries of each lot.
Whether, in relation to subdivision plans, native Not applicable.
vegetation can be protected through subdivision and
siting of open space areas
9. Policy Context
It is considered the proposal is consistent with the relevant Planning and Local Planning Policies as outlined below:-
9.1 Planning Policy Framework
Clause 12.01 – Biodiversity – Contains policies relating to the protection of habitat and native vegetation
management.
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Response:
No native vegetation is to be removed from the site.
Clause 15.01 – Urban Environment – Contains policies relating to urban design, urban design principles,
neighbourhood and subdivision design, density and safety and cultural identity and neighbourhood character.
Clause 15.02 – Sustainable Development – More specifically 15.02-1S Energy and Resource Efficiency aims to
encourage land use and development that is consistent with the efficient use of energy and the minimisation of
greenhouse gas emissions.
Response:
The proposal is considered to be an orderly and appropriately planned subdivision that is close to public
transport, schools, community facilities, shops and public open spaces. The proposal is located within an
established residential area and the layout of the lots respect the existing surrounding development and
provides for a safe and functional living environment by having lots facing directly onto the existing roads. The
subdivision will be connected to existing infrastructure to allow for maximisation of existing resources.
Clause 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.
Areas of Possible Cultural

Heritage Sensitivity
Subject Site
Page 15 of 25
Response:
Part of the subject site (Activity Area) is located within an area of Aboriginal Area of Cultural Heritage Sensitivity
and the proposed development meets the definition of a ‘high impact activity’ as specified under the Aboriginal
Heritage Regulations (AHR) 2007 (the subdivision of three or more lots) due to the site been located within
200 metres of a named waterway (Yarrowee River).
Westvic Heritage Management Pty Ltd has been engaged to prepare the Cultural Heritage Management Plan.
Due to the COVID-19 pandemic, the Registered Aboriginal Party (Wathurang) have ceased all fieldwork until
they have been cleared to proceed. At this stage some fieldwork has been done. A final report will n t be
forthcoming until the fieldwork has been completed.
Clause 16.01 – Residential Development – Contains policies relating to integrated housing, location of residential
development, housing diversity and housing affordability.
Response:
The proposal will add to the range of available housing and will assist to meet demand in this area. The site
is located within an established residential area and the development will help to consolidate the urban area
without consuming additional land for residential purposes. The design is appropriate to the existing character
of the area. Physical and community infrastructure are located close to this site, with supermarkets, schools,
public open space and recreational facilities and bus stop in close proximity.
Clause 19.03-2S – Water Supply, Sewerage and Drainage – This policy aims to plan for the provision of water
supply, sewerage and drainage services that efficiently and effectively meet State and community needs and
protect the environment.
Response:
All services are to be provided to each lot including reticulated water, sewer, drainage and electricity.
9.2 Local Planning Policy Framework
9.2.1 Municipal Strategic Statement
Clause 21.02-1 – Urban Growth – aims to support a pattern of growth which reinforces the ‘10 Minute City’
Clause 21.02-5 – Ongoing Change Areas – aims to facilitate limited incremental growth in ongoing change areas
at a scale and density appropriate to the area.
Clause 21.02-7 – Housing Diversity – aims to provide a range of choices in housing design, location and density.
Response:
This proposal provides an appropriate response against the above key issues. Brown Hill has seen an explosion
of new residential estates with varying styles of dwellings. The proposed dwelling continues to provide housing
choice and variety in this area and the built form is consistent with and will complement existing development
in the area. The proposal satisfies urban consolidation considerations whilst maximising use of existing
infrastructure.
Page 16 of 25
Response:
The subject site is identified as ‘Ongoing Change Area’ within Council’s Housing Framework Plan. As such,
the development as proposed is considered to satisfactorily comply with this strategic document.
Clause 21.06-1 – Urban Design – aims to:
 To protect and enhance the quality and character of built areas, considering context and local values.
 To increase the vitality, amenity and experience of the public realm.
 To improve the permeability, legibility, safety and comfort of the public realm.
Response:
The design of the development will have very little impact on the surrounding area. Daylesford Road has seen
an influx of new subdivisions on large parcel of residentially zoned land. The proposed lots vary in size to
provide diversity to the increasing market that is occurring in Ballarat. The lots are appropriately sized to provide
for a mixture of housing stock.
Clause 21.06-3 – Neighbourhood Character – aims to:
 To recognise places of distinct neighbourhood character.
Page 17 of 25
Response:
This area of Brown Hill has changed over the last five (5) years with an increase of multi lot subdivisions ranging
for small to very large. This area has been previously recognized as containing large residential lots that would
eventually be subdivided. The area has now described as having an emerging character with the small and
medium sized residential lots. The proposed subdivision is sympathetic to this emerging neighbourhood
character which is provides for a variety of lot sizes to give diversity to the Ballarat community.
The proposed subdivision is not out of character with the existing area and will continue to provide the need for
variety and diversity in the housing market which is becoming more difficult to enter.
9.2.2 Local Planning Policies
There are no local planning policies relevant to this application.
10. Conclusion
In summary, it is respectfully submitted that this proposed development and subdivision is consistent with the
objectives and strategies of both the State and Local Planning Policy Framework of the Ballarat Planning Scheme,
which seek to encourage urban consolidation.
In conclusion, it is considered that the proposed development (proposal) is appropriate to the site and its surrounds
given the following:
 The proposal meets the State and Local Planning Policy objectives.
 The proposal is consistent with the purpose of the General Residential Zone.
 The proposal responds positively to the decision guidelines of Clauses 65.02 respectively.
 The proposal responds positively to the majority of Clause 56.
 The proposal will result in a more efficient use of the existing infrastructure and will help to reduce the
pressure for urban development to spread outside the city.
 The resulting lot sizes and configuration are such that they are respectful of and not at odds with the existing
residential subdivision pattern of the area.
 This proposed residential development is respectful of the established character of the neighbourhood and
is responsive to energy efficiency and principles for sustainable development.
 The proposal is considered to be an appropriate infill development.
For all of the reasons outlined above, which have been expanded upon throughout this report, it is respectfully
requested that the Ballarat City Council support the application and issue a planning permit to allow for a multi-lot
subdivision and access from a Road Zone Category 1 located at 204 Daylesford Road, Brown Hill.
…………..……….………..
James Iles
Town Planner
Page 18 of 25
11. Photos of the site and surrounds

Existing dwelling on the site
at 204 Daylesford Road.
Existing dwelling and shed

on the site.
Looking west along the

Daylesford Road frontage.
Page 19 of 25
Looking east along the

southern boundary of the
site (from Cypress Road).
Looking northeast from the

southwest corner of the site.
Looking north along the

Cypress Road frontage.
Page 20 of 25
Looking east along the

southern boundary of 200
Daylesford Road.
Looking southeast from the

southwest corner of 200
Daylesford Road.
Looking south along the

Cypress Road frontage.
Page 21 of 25
Existing development on the

west side of Cypress Road
(opposite the site).


Page 22 of 25
Existing dwelling to the

south of the site facing
Cypress Road.
Looking south along the

western boundary of the site
(facing Daylesford Road).
Existing dwelling at 206

Daylesford Road.
Page 23 of 25
Land to the north of

Daylesford Road (opposite
the site).
Land to the north of

Daylesford Road (opposite
the site).
Looking east along

Daylesford Road.
Page 24 of 25
Looking west along

Daylesford Road.
Looking north along Cypress

Road.
Looking south along

Cypress Road.
Page 25 of 25

204 Daylesford Road

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Ballarat Planning Scheme

Planning Report for a Multi-Lot

Address: 204 Daylesford Road, Brown Hill

Ballarat City Council

iPlanning Services Pty Ltd – April 2020

Ecko Property Group

iPlanning Services Pty Ltd

Document Planning Report

 General Residential Zone Clause 32.08-2 Subdivision of land

3. Subject Site and Site Context

Lots between (m2) No. of lots Proposed lot numbers

The frontages of the lots vary between 12 and 25 metres.

An application to subdivide land.

 An approved precinct structure plan or an equivalent strategic plan;

Class of subdivision Objectives and standards to be met

60 or more lots All except Clause 56.03-5.

5.3 Minimum Garden Area Requirement

This does not apply to:

All lots will be provided with at least 35% of garden area.

There are no Overlays that affect the site.

7.1 Public Open Space Contribution and Subdivision

7.2 Native Vegetation

 Avoid the removal, destruction or lopping of native vegetation.

There is no native vegetation to be removed as a part of this application.

7.4 Residential Subdivision

Clause (Standard) Comment

To provide a range of lot sizes to suit a variety of

To ensure the provision of common area is

To maintain direct public access throughout the

To incorporate natural and cultural features in the

To protect and enhance native habitat and

To provide for integrated water management

To provide a variety of open spaces with links to

To ensure that public open space of appropriate

To support active and healthy communities.

To provide safe and direct movement through and

To reduce car use, greenhouse gas emissions and

To design footpaths to accommodate wheelchairs,

To provide public transport stops that are

All lots will be able to move safely in an efficient manner to

To provide an adequate, cost-effective supply of

To ensure that the street operates adequately

To minimise increases in stormwater run-off and

To encourage the reuse of materials from the site

To maximise the opportunities for shared

To minimise constraints on landscaping within

To reduce greenhouse gas emissions by

To provide pedestrians with a sense of personal

To contribute to reducing greenhouse gas

8.1 Decision Guidelines

Clause 65.02 – Application to subdivide land Comments

Moreover, the subdivision finds support in the Local

Nearby and adjacent land is also zoned residential

As per the LPPF, there is a demand for residential lots

The subdivision will facilitate development that is in

appropriate in the General Residential Zone. There is

9.1 Planning Policy Framework

No native vegetation is to be removed from the site.

 To ensure the conservation of places of heritage significance.

Areas of Possible Cultural

9.2 Local Planning Policy Framework

9.2.1 Municipal Strategic Statement

Clause 21.06-1 – Urban Design – aims to:

Clause 21.06-3 – Neighbourhood Character – aims to: