Amendment C082 - Update to Land Subject to Inundation Overlay

Current status

The Minister for Planning has approved Amendment C082 to the Mount Alexander Planning Scheme. The Amendment came into operation on 24 January 2019 when the Amendment C082 notice was published in the Government Gazette.

Purpose of the amendment

The amendment implements the findings of the flood management plan which was commissioned by the North Central Catchment Management Authority (NCCMA) and Mount Alexander Shire Council (council) and adopted by council on 10 November 2015. The amendment applies flood control overlays to properties that are in active flow paths within the flood management plan study area to ensure that flooding is considered in development proposals.

The amendment also amends the name of the Schedule to the LSIO to LSIO2, updates the Schedule 2 to be consistent with changes to the Ministerial Direction on the Form and Content of Planning Schemes as recently approved under Amendment VC148, retains exemptions from planning permit requirements from the previously existing Schedule under “Permit requirement” in the renumbered and renamed Schedule 2 and includes application requirements in Schedule 2 that are consistent with the new Schedule 1 to the LSIO.

The amendment makes the following changes to the Mount Alexander Planning Scheme:

• Mapping changes associated with the introduction of a new Floodway Overlay and the changes to the Land Subject to Inundation Overlay.
• Amends Clause 21.05-2 (Floodplains) of the Municipal Strategic Statement, consistent with the outcomes of the Castlemaine, Campbells Creek and Chewton Flood Management Plan, 2015, and inserts the flood management plan as a reference document.
• Inserts Clause 44.03 (Floodway Overlay) into the Mount Alexander Planning Scheme.
• Inserts a new Schedule 1 “Flooding from Waterways” to Clause 44.03 (Floodway Overlay) into the Mount Alexander Planning Scheme.
• Inserts a new Schedule 1 “Flooding from Waterways” to Clause 44.04 (Land Subject to Inundation Overlay) into the Mount Alexander Planning Scheme.
• Amends the Schedule to Clause 44.04 (Land Subject to Inundation Overlay) by renaming it to Schedule 2 (Flooding from Waterways) and correcting a typographical error.
• Amends the Schedule to Clause 72.03 to update the list of maps in the Mount Alexander Planning Scheme.

Background to the amendment

The Castlemaine, Campbells Creek and Chewton Flood Management Plan was a joint project between the North Central Catchment Management Authority (North Central CMA) and Mount Alexander Shire Council (Council).

The plan modelled the impact of flooding from Barkers Creek, Forest Creek and Campbells Creek in township areas of Castlemaine, Campbells Creek and Chewton which have a long history of flooding.

A key recommendation of the plan was an amendment to the Mount Alexander Planning Scheme to incorporate the new flood mapping and overlays from the comprehensive flood study.

Information relating to flood prone areas has been limited in the past. Land use planning is recognised as being the best means of avoiding future flooding problems.

Next steps

Council will consider the Panel’s recommendations at a future meeting. If Council adopts the recommendations of the Panel, it will send the Amendment to the Minister for Planning requesting its approval.