title: Amendment C70 - Correction of Anomalies council: moorabool state: vic category: amendment classification: MINOR status: adopted last_compiled: 2026-05-31 source_docs:
- 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf
- 2015-10-07-071015-omc-agenda-no-attachments.pdf
- 2015-10-07-071015-omc-minutes.pdf
Amendment C70 - Correction of Anomalies
Amendment C70 was a housekeeping amendment to make the Moorabool Planning Scheme line up with land ownership, actual land use, correct heritage mapping, and current referral administration rather than to introduce a new strategic direction or growth framework. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.23-25) Its practical planning effect was still important at parcel level: it removed public-zone controls from multiple private land parcels, applied public-use controls to cemetery and reserve land, corrected the position of HO110, and removed a redundant referral pathway linked to the former Department of Primary Industries. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.46-50)
Background
Council initiated Amendment C70 because several zoning and overlay controls in the Moorabool Planning Scheme did not match the physical or ownership reality on the ground. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.48) In simple terms, the scheme map was like a cupboard where some labels had been put on the wrong shelves: some privately owned land carried public land zoning, some public land carried private land zoning, and one heritage overlay was shown over the wrong land parcel. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.23-25)
Council resolved on 5 March 2014 to seek Ministerial authorisation to prepare and exhibit Amendment C70, and also sought a partial exemption from the notice requirements under section 19 of the Planning and Environment Act 1987. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.25) The Minister granted conditional authorisation on 14 April 2014 but did not approve the requested partial exemption from notification. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.25) That refusal meant the amendment had to proceed through a fuller notification process even though Council treated the amendment as minor and corrective. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.25-26)
Before formal exhibition, Council officers wrote to affected landowners, referral authorities, government agencies, and committees of management for Crown land parcels to explain how each proposed correction would affect their property or interest. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.26) That early consultation changed the amendment before exhibition: five properties were removed because Council either received an unfavourable response or did not receive written support, and the proposed deletion of Environmental Significance Overlay Schedule 1 from sewered areas of Ballan was removed after Central Highlands Water objected and Melbourne Water did not respond. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.26)
Analysis
Statutory Mechanism and Practical Effect
C70 operated through three planning scheme mechanisms: zoning map changes, overlay map changes, and ordinance schedule changes. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.50) The instruction sheet identified 12 attached map sheets, comprising 8 zoning map amendments to Planning Scheme Map Nos. 3, 10, 15, 27, 30, 38, 49 and 50, and 4 overlay map amendments to Planning Scheme Map Nos. 31HO, 35HO, 37HO and 38HO. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.50) The ordinance changes replaced Schedule 1 to Clause 42.01 and the Schedule to Clause 66.04. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.50)
The most common correction was the removal of public land zones from private land. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.23-24) Nine private land entries were proposed to move from Public Conservation and Resource Zone to Rural Conservation Zone, including five Possumtail Run properties in Merrimu, three Bences Road or adjacent Merrimu parcels, and part of 1560 Greendale-Trentham Road, Lerderderg. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.23-24) Three private Bungaree parcels on Bungaree-Wallace Road were proposed to move from Public Use Zone 4 to Township Zone, and part of 100 Murphys Road, Bungaree was proposed to move from Public Use Zone 4 to Farming Zone. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.23-24)
The reverse correction also occurred where public land had private zoning. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.24) Morrison Cemetery and Elaine Cemetery were proposed to move from Farming Zone to Public Use Zone 5, Greendale Cemetery was proposed to move from Rural Living Zone to Public Use Zone 5, and Crown allotment 12D in the Parish of Merrimu was proposed to move from Farming Zone to Public Conservation and Resource Zone. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.24) Part of the Ballan Golf Course at CA 2007, Township of Ballan was proposed to move from General Residential Zone Schedule 1 to Special Use Zone 3. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.24)
At land-use level, these changes did not create a new settlement boundary, infrastructure trigger, or housing program. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.48) The mechanism was corrective: when a private parcel is incorrectly placed in a public land zone, the planning scheme can imply a public land purpose that does not match ownership; when public land is incorrectly placed in a private zone, the scheme can fail to show the public purpose of the land. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.48) Council’s stated rationale was that incorrect zoning prejudiced the orderly planning, use and development of land. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.48)
Heritage Overlay Corrections and C65 Interaction
C70 included a correction to Heritage Overlay mapping for HO110, the South Africa War Memorial and Drinking Fountain outside 156 Main Street, Bacchus Marsh. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.24) The explanatory report states that HO110 was incorrectly shown on privately owned land at 156 Main Street, Bacchus Marsh, when the structure was actually located on the adjoining Main Street road reserve. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.48) The overlay map package therefore deleted part of HO110 from one part of Planning Scheme Map 35HO and applied HO110 in the corrected location on another part of Map 35HO. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.56-57)
The more sensitive heritage issue was not HO110 but the relationship between C70 and proposed Amendment C65. (Source: 2015-10-07-071015-omc-minutes.pdf, pp.28-29) As exhibited, C70 proposed Heritage Overlay schedule changes for HO47, the Elm Trees along Bacchus Marsh Road Avenue of Honour, and HO191, Mt Blackwood Hotel Ruins or Drury’s Hotel. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.25) Heritage Victoria advised that it was preparing C65 under section 48 of the Heritage Act 1995 to correct errors in Heritage Overlay maps and the Schedule to Clause 43.01 for places on the Victorian Heritage Register. (Source: 2015-10-07-071015-omc-minutes.pdf, p.29)
Heritage Victoria’s submission identified that the current HO47 mapping for VHR place H2238 was incorrect and should be updated to coincide with the mapped extent of H2238 on the Victorian Heritage Register. (Source: 2015-10-07-071015-omc-minutes.pdf, p.29) Heritage Victoria also advised that C65 would delete polygons at the eastern and western extremities of the existing HO47 extent, while maintaining local heritage recognition for trees outside the state-registered area through a new Heritage Overlay number. (Source: 2015-10-07-071015-omc-minutes.pdf, p.29) Council officers accepted that C65 was the more appropriate vehicle for the HO47 state-register correction and recommended deleting the HO47 schedule change from C70. (Source: 2015-10-07-071015-omc-minutes.pdf, pp.29-31)
This is the main dependency in the amendment. (Source: 2015-10-07-071015-omc-minutes.pdf, pp.29-31) C70 could proceed without a Panel because the Heritage Victoria issue was resolved by removing the overlapping HO47 change and leaving the state heritage correction to C65. (Source: 2015-10-07-071015-omc-minutes.pdf, pp.29-31) The result was a cleaner division of responsibilities: C70 handled local anomaly correction, while C65 was expected to handle Victorian Heritage Register alignment for HO47 and related state heritage matters. (Source: 2015-10-07-071015-omc-minutes.pdf, pp.29-31)
Referral Controls and Water Catchment Administration
C70 also changed the administrative pathway for applications under Schedule 1 to Clause 42.01, the Environmental Significance Overlay for proclaimed water catchment areas. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.47-49) The amendment removed the Department of Primary Industries as a referral authority from the Schedule to Clause 66.04 for permit applications under ESO1. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.25) The reason was institutional rather than environmental: DELWP and DEDJTR advised that they did not wish to replace the former Department of Primary Industries as the referral authority for those applications. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.49)
The new ESO1 schedule retained the environmental purpose of protecting water quality and quantity in proclaimed water catchments. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.61) It continued to require application material addressing slope, soil type, vegetation, excavation, wastewater absorption, erosion, stormwater, and impacts on waterway, dam or wetland quality. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.63-64) The practical change was therefore not a relaxation of catchment objectives but a removal of a referral authority that no longer had a clear agency successor. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.49, 65)
This matters because referral controls affect processing time, application completeness, and decision authority. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.65) The replacement Clause 66.04 schedule still identified the relevant water authority as a determining referral authority for all applications under Clause 4.0 of ESO1, while also retaining a separate listed referral to the Department of Primary Industries for subdivision creating lots less than 40 hectares and development facilitating intensive animal husbandry and horticulture in the extracted schedule text. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.65) This creates an interpretive caution in the source record: the officer report says the Department of Primary Industries referral trigger is to be deleted, but the extracted schedule page still shows that entry, possibly because the attachment text reflects a marked-up or extraction-confused version rather than a clean final schedule. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.25; Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.65)
Consultation, Submissions and What Was Removed
The pre-exhibition consultation table shows that C70 was narrowed before exhibition in response to landowner and agency positions. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.26-33) Two Flanaghans Drive Merrimu parcels proposed for PCRZ-to-RCZ rezoning were removed after no landowner support was received despite further consultation. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.26-27) A proposed rezoning at 40 Swans Road, Darley from General Residential Zone to Low Density Residential Zone was removed after the landowner objected. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.31) A proposed rezoning at 102 Gilletts Lane, Ingliston from Public Use Zone 6 to Farming Zone was removed after the landowner objected and maintained that objection after Council wrote again on 13 February 2015. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.32) A proposed rezoning of Bungaree School from Farming Zone to Public Use Zone 2 was removed after the Department of Education and Training objected and maintained that objection after further contact. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.32)
The proposed removal of ESO1 from sewered areas of Ballan was also removed before exhibition. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.26) The consultation table records Central Highlands Water as opposing that change, Melbourne Water and Southern Rural Water as not responding, Port Phillip and Westernport CMA as not objecting, DELWP as supporting, and Native Title Services as not responding. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.29) The removal of that component is important because it means C70 did not substantially alter catchment overlay coverage in Ballan; it limited itself to referral administration and other anomaly corrections. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.26)
Formal exhibition ran from 30 July 2015 to 31 August 2015. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.26) Notice was provided to relevant government departments, agencies and affected landowners, and notices were placed in the Moorabool News, Melton and Moorabool Star Weekly, and the Victorian Government Gazette. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.26) Council received five submissions during exhibition, four of which supported or did not object to the amendment. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.26) DELWP supported the proposed amendment in a letter dated 31 August 2015. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.37) Corangamite Catchment Management Authority advised on 3 September 2015 that the amendment was unlikely to affect the nature of flood hazard and that it had no objection. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.38) Heritage Victoria did not object but provided the comments that led Council to remove the HO47 schedule change from C70. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.26-27)
Planning Significance
C70 is classified as MINOR because it did not reframe land supply, create a new development precinct, introduce a contributions plan, or require an independent Panel. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.26-29) Its significance is operational rather than strategic. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.48-49) The amendment reduced mismatch between title, ownership, land use, and planning controls across multiple localities, including Merrimu, Bungaree, Ballan, Myrniong, Greendale, Morrisons, Elaine, Lerderderg, Long Forest, Bacchus Marsh and Korobeit. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.46-47)
The amendment did not quantify land areas affected by each rezoning, and the available council report does not provide lot-yield, infrastructure-cost, servicing-capacity, biodiversity-offset, or traffic implications. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.23-29) That absence is consistent with Council’s assessment that the amendment would not have environmental, social or economic effects because it corrected errors in the planning scheme. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.48) However, at parcel scale, zoning corrections can still affect how permit triggers are interpreted, whether a public-purpose zone applies, and which land-use permissions are available under the scheme. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.48)
Current Status
At the 7 October 2015 Ordinary Meeting, Council resolved to adopt Amendment C70 after considering submissions under section 22 of the Planning and Environment Act 1987. (Source: 2015-10-07-071015-omc-minutes.pdf, p.31) The adopted amendment included one change: deletion of the proposed Clause 43.01 schedule changes relating to HO47. (Source: 2015-10-07-071015-omc-minutes.pdf, p.31) Council also resolved to submit the adopted amendment and prescribed information to the Minister for Planning for approval under section 31(1) of the Planning and Environment Act 1987. (Source: 2015-10-07-071015-omc-minutes.pdf, p.31)
The source set does not include a Ministerial approval notice, gazettal notice, final approved amendment package, or later planning scheme extract confirming whether C70 was ultimately approved. (Source: 2015-10-07-071015-omc-minutes.pdf, p.31) The evidenced status is therefore adopted by Council and submitted for Ministerial approval, not independently verified as approved or gazetted. (Source: 2015-10-07-071015-omc-minutes.pdf, p.31)
Dependencies
- Blocks: No strategic growth area, structure plan, infrastructure project, or development contributions mechanism is identified as being blocked by C70 in the available documents. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.23-29)
- Blocked by: Ministerial approval was the next statutory step after Council adoption on 7 October 2015. (Source: 2015-10-07-071015-omc-minutes.pdf, p.31)
- Informed by: The amendment was informed by pre-exhibition consultation with landowners, referral authorities, government agencies and committees of management, plus submissions from DELWP, Corangamite CMA and Heritage Victoria. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.26; Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.37-42)
- Implements: Council linked the amendment to the 2013-2017 Council Plan objective of effective and integrated strategic planning for sustainable communities. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.27-28)
- Conflicts with: The exhibited HO47 schedule correction overlapped with Heritage Victoria’s C65 process, and Council resolved that conflict by removing the HO47 change from C70. (Source: 2015-10-07-071015-omc-minutes.pdf, pp.29-31)
Cross-Jurisdictional Links
The amendment involved state and regional agencies but did not reveal a cross-council planning dependency. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.37-49) DELWP supported the amendment, Corangamite CMA did not object on flood hazard grounds, Heritage Victoria shaped the heritage schedule outcome through the linked C65 process, and Central Highlands Water’s objection prevented the removal of ESO1 from sewered areas of Ballan. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.29, 37-42) These relationships show agency coordination around planning scheme accuracy rather than a broader infrastructure or land-supply sequence. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.26-29)
Gaps in This Analysis
The available corpus does not include the 5 March 2014 Council report that initiated the authorisation request, the Minister’s 14 April 2014 conditional authorisation letter in readable form, the full exhibited amendment package as lodged with DELWP, the final approved amendment after Ministerial decision, or a Victorian Government Gazette notice confirming approval. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, pp.25-26; Source: 2015-10-07-071015-omc-minutes.pdf, p.31) Those gaps limit confirmation of final statutory commencement and make it necessary to treat the evidenced endpoint as Council adoption and submission for approval. (Source: 2015-10-07-071015-omc-minutes.pdf, p.31)
The source documents also do not provide parcel areas, affected land area totals, title diagrams, or a clean final Schedule to Clause 66.04 after approval. (Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, pp.46-65) Because of those omissions, this page cannot quantify hectares rezoned, estimate changes in theoretical development yield, or conclusively resolve the apparent inconsistency between the report’s statement that the Department of Primary Industries referral was to be deleted and the extracted schedule page that still displays a Department of Primary Industries entry. (Source: 2015-10-07-071015-omc-agenda-no-attachments.pdf, p.25; Source: 2015-10-07-071015-omc-agenda-attachments-8-to-10-3-8.pdf, p.65)