C70moyn – Rural Housing and Settlement Strategy

Amendment C70moyn to the Moyne Planning Scheme has been approved by the Minister for Planning and came into operation on 3 November 2023.

This planning scheme amendment processes are now completed.

Where can I view the Amendment?

A copy of the Amendment can be inspected, free of charge, at the Department of Transport and Planning website at Amendment C70moyn or by contacting 1800 789 386 to arrange a time to view the Amendment.

A copy of the Amendment can be inspected, free of charge, during office hours, at the offices of the Moyne Shre Council, Princes Street, Port Fairy or 1 Jamieson Avenue, Mortlake.

What the Amendment does

The amendment implements the settlement, housing and land use recommendations of the Moyne Shire Land Capability and Biodiversity Project Study (2009), Moyne Warrnambool Rural Housing and Settlement Strategy (2010) and Addendum Report (2015) through policy and zoning changes to provide an improved strategic framework and statutory controls to guide the use and development of agricultural land, rural living development, and the growth and development of the Shire's smaller settlements.

It rezones land to the Rural Living Zone at Grassmere, Hawkesdale, Illowa, Southern Cross, and Woolsthorpe.

In addition, it changes the minimum lot size in the Farming Zone at Bushfield to promote lifestyle farming and facilitate small-scale agricultural pursuits.

The zoning changes do not require the existing activities on the land to change. There will be existing use rights for any activities, for example, farming, currently occurring on the land.

What is a planning scheme amendment?

A planning scheme amendment is the mechanism to change the Planning Scheme, for example, to reflect new circumstances, or achieve new planning objectives. Amendments can include changes to zones, overlays and planning policies. As this process makes changes to a legal document, planning scheme amendments must follow a process set out in the Planning and Environment Act 1987.

Prior to the public exhibition of an amendment, a council must obtain authorisation to proceed with its preparation from the Minister for Planning.

An amendment has to be approved by the Minister and a notice of approval published in the Victoria Government Gazette before it becomes part of the planning scheme.

What is the basis of the Amendment?

This planning scheme amendment seeks to update the Moyne Planning Scheme, particularly the Planning Policy Framework, to reflect the recommendations of three adopted Council strategies:

  • Rural Housing and Settlement Strategy (2010);
  • Land Capability and Biodiversity Strategy (2009); and
  • Addendum Report to both Strategies adopted in September 2015.

The aim of the Strategies was to ensure a coordinated approach to providing land for housing around some of our towns, as well as, continuing to protect the Shire’s valuable agricultural land.

Exhibition of the amendment

Amendment C70moyn was placed on public exhibition between 4 September 2021 until 8 November 2021, to enable the community to submit comments and feedback.

A total of 64 submissions were received in response to the Amendment, raising a number of concerns.

A copy of the submissions can be downloaded below.

Hard copies of the submissions are available to be viewed during office hours at the Moyne Shire Council office in Princes Street, Port Fairy.

All submissions received in response to Amendment C70moyn were considered by Council at the Ordinary Council Meeting on 3 May 2022.

Council resolved to abandon the parts of the Amendment relating to the application of the Rural Conservation Zone to the Budj Bim National Park environs, and the increase to the minimum lot size from 10 hectares to 40 hectares within the Farming Zone in the area south of the Princes Highway, bounded by Rocks Road to the east of Gormans Road, at Killarney and Tower Hill, and to refer the remaining submissions to a Planning Panel.

Read the full Council report 

Council-Agenda-Report-3-May-2022-re-Moyne-PSA-C70moyn(PDF, 411KB) 

Council-Resolution-3-May-2022-re-Moyne-PSA-C70moyn(PDF, 205KB)

C70moyn-summary-of-submissions-and-officer-response(PDF, 1MB)

Panel Hearing

Following Council’s resolution, a Planning Panel was appointed to hear the referred written submissions to the Amendment.

The Planning Panel Hearing was held between Monday, 19 September and Monday, 3 October 2022.

Planning Panel Documents

Drew-expert-statement-dated-5-September-2022(PDF, 5MB)

Part-A-submission-as-filed-and-served(PDF, 7MB)

Panel Report

The Panel has considered the merits of Amendment C70moyn and its findings are contained in the Panel Report(PDF, 1MB).

Next Steps

At the Ordinary Council Meeting on 28 February 2023, Council accepted the planning panel's recommendations and adopted planning scheme amendment C70.

Read the council reports from the Ordinary Council Meeting Agenda(PDF, 3MB) and Minutes(PDF, 816KB)

If you have any questions regarding Amendment C70moyn, please contact Council’s Strategic Planning Team on 1300 656 564, or moyne@moyne.vic.gov.au