East Gippsland Shire Council Minutes 4 March 2008

OFFICERS' REPORTS

6. PLANNING AND COMMUNITY DEPARTMENT

In Attendance

Kate Nelson, Director Planning and Community

6.1.1. PLANNING APPLICATION NO. 329/2007/P - 1119 BUCHAN-ENSAY ROAD, REEDY CREEK: TIMBER PRODUCTION

DEPARTMENT Planning and Community

AUTHOR Nick Kearns, Manager Planning Projects

DOCUMENT NO. 2943974

1 OBJECTIVE

This planning application has been through the public notification process and has attracted objections. This report presents the planning background to the proposal and seeks Council's decision on the application.

2 BACKGROUND

Application No. 329/2007/P

Address 1119 Buchan-Ensay Road, Reedy Creek

Zone Farming Zone (Schedule 1)

Overlay Part Environmental Significance Overlay 12

Part Erosion Management Overlay

Part Wildfire Management Overlay

Permit requirements Clause Complies

Clause 15 Environment Yes

Clause 17 Economic development Yes

Clause 21.05 Objectives-Strategies-Implementation Yes

Clause 21.06 Strategies for sub-regions, towns and localities Yes

Clause 22.01 Special water supply catchment areas policy Yes

Clause 22.13 Plantation development policy Yes

Clause 35.07 Farming Zone Yes

Clause 52.18 Timber production Yes

Clause 65 Decision guidelines Yes

Why is a planning permit required?

A planning permit is required to establish a Timber Plantation over 100 hectares in area in the Farming Zone.

Site Plan

A plan that includes details of the site location, the location of properties given notice of the application, and nearby objectors is provided at Attachment 1.

The property is known as "Holstons Property" and is located on the Buchan-Ensay Road, about 12 kilometres south east of Ensay, at Reedy Creek. According to Shire records, the property has an area of just over 520 hectares. Primary access to the property is via the Buchan-Ensay Road, although additional access is provided from Logies Track and Hammonds Road.

Description of Proposal

The applicant proposes to establish a Eucalyptus Globulus (Blue Gum) plantation at the eastern end of the property. The plantation would occupy approximately 270 hectares.

The works include contour deep subsoiling and mound cultivation using a dozer fitted with a winged ripper or mound plough. The subsoiling/ploughing is conducted across the slope of the land, following the contours of the site, for the purpose of preventing transportation of sediments to waterways on the site – principally being Sandy Creek.

Cultivated mounds would be 1.4metres wide and spaced 4metres apart. This results in a strip of uncultivated soil approximately 2.6metres wide between each mound.

The applicant has submitted that deep cultivation to the depth of approximately 80cm is critical to the plantation success as it enables rapid growth and deep penetration.

Macquarie Bank Ltd has entered into a contract to buy the land and has engaged the applicant, Midway, to establish, manage and harvest the proposed plantation. The harvested product would be sent to the Australian Paper pulp mill at Maryvale.

The applicant has submitted supporting documentation, including a planning report, generally in the form of a Plantation Management Plan, showing the extent of the plantation and "buffers". Those buffers include to native vegetation, waterways, and houses.

The plantation would be established within already cleared pasture areas. There would be no clearing of existing native vegetation.

The applicant has submitted that all works would be carried out in accordance with the Code of Practice for Timber Production (2007).

A copy of the applicant's submission, accompanying the application for planning permit, is at Attachment 2.

3 CURRENT STATUS AND/OR ISSUES

Referrals Department of Sustainability and Environment, Southern Rural Water, Country Fire Authority, Infrastructure Department.

Notification Public notices were sent to abutting owners and occupiers and a sign was displayed on the site for 14 days.

Objections Five submissions were received nominating eight parties in total.

Objections

Issues raised in the objections can be summarised as follows: -

 Environmental

 Fire

 Social and economic

 Landscape and visual amenity

 Traffic

Petition

Council received a petition against the proposal at its 2 October 2007 meeting (Item1.5.2). The petition, which carries 90 signatures, demands....the halt to all current and future timber industry proposals and proceedings in the Ensay District. We are alarmed by the nature of this industry and the negative impacts to follow should this industry be allowed to proceed.

Additional submissions

In addition to the objections, representations were lodged with the Shire on behalf of six parties, four of which had not lodged a formal objection. The issues raised are similar to those summarised in this section of the report. These additional parties have been included as objectors to the proposal.

Environmental

Most objectors assert that the establishment of a plantation at this location will have significant negative environmental impacts. These include:

 The use of pesticides and fertilizers, which are claimed to be known toxins. These toxins would pollute the nearby waterways and also contaminate adjoining

properties by over-spray or spray drift;

 Impacts upon existing native vegetation by hybridisation and my introducing soil pathogens;

 Sediment transfer to waterways;

 Reduction in water within the catchment;

 Exacerbation of weed plants and animals; and

 Impacts upon native flora and fauna.

Fire

Some objectors have indicated that the establishment of a plantation at this location would contribute a risk of wild fire.

Social and economic

A major issue of concern raised with respect to the application, and which principally relates to the petition received, has been in relation to potential negative social or economic impacts on the Ensay community. The objectors and petitioners attribute these negative impacts to both the loss of the "Holsten's" farm and, as well, to the potential loss of nearby farming land if the application is successful – as additional land is acquired for new plantations. The objectors have stated that the Ensay community is "fragile" and would be severely threatened by the establishment of a plantation at this location, having regard to the potential loss of farm labour, agricultural income and rural services.

Landscape and visual amenity

Some objectors have indicated that the plantation would detract from the visual qualities of the area and detract from tourism, particularly four wheel drive touring.

Traffic

Some objectors have stated that the Buchan-Ensay Road is inadequate for the purposes of establishing and managing a plantation at this location.

4 CONSULTATION WITH STAKEHOLDERS

The application was advertised in accordance with the provision of the Planning and Environment Act 1987 by way of giving notice to adjoining and nearby properties.

The application has been considered at a Planning Consultation Meeting (PCM). A copy of the Minutes of that meeting are provided at Attachment 3.

In addition to the issues raised by objectors, other matters from the PCM included:

 Whether the property and buildings had any historical significance; and

 The costs associated with auditing plantations and ensuring compliance with the

Code of Practice for Timber Production.

The applicant has submitted a Historical Assessment, which is provided at Attachment 4.

The report does not highlight any particular concerns with respect to heritage and it is noted that none of the buildings are proposed to be demolished. Issues in relation to ensuring compliance and audits are discussed elsewhere in this report.

5 IMPLICATIONS

Financial

Nil

Relevant appeal decisions of the Victorian Civil and Administrative Tribunal (VCAT)

Council has been involved with two similar proposals, relating to applications for plantations in the far north-east of the Shire, being on land at Bendoc and at Dellicknora.

Summary details of the appeals and outcomes are provided as follows:

1. Haydens Bog Road, Bendoc (VCAT Ref: 1999/037571)

This appeal was against a decision of the Council to refuse an application for planning permit in 1999 to clear native vegetation and to establish a 168 hectare

Pine Plantation, at Haydens Bog Road, Bendoc.

Fifteen objections were received against the proposal, which was subsequently refused by Council on the following grounds:

a) The application is inconsistent with Council Policy with respect to the establishment of pine plantations in isolated rural communities.

b) The application will not result in a net community benefit not contribute positively to the economic viability of the community to capitalise on

alternative tourism opportunities, agricultural activities, and further value adding of the hardwood industry.

This proposal raised similar issues of concern to the current application, being with respect to: operational and management of the facility; impacts upon water; the

use of chemicals and fertilisers; fire risks, and potential impacts upon the community.

In deciding to approve the permit, the Tribunal Member stated that Council's Local Policy (Clause 22.13 - Plantation Development Policy), did not compel the

applicant to demonstrate a net community benefit, and that furthermore, it could not be established whether there would be a loss of population or other community

impact upon the prospect of the plantation being established. Rather, the Tribunal Member remarked that there was every prospect of both direct and indirect

economic and employment benefits.

2. Hobbs Road, Dellicknora (VCAT Ref: P861/2004)

This appeal was against Council's failure to decide the application, in 2004, to establish a 463 hectare Pine Plantation at Hobbs Road, Dellicknora.

Eighty-one objections were received against the proposal. Council subsequently considered the matter, and determined that it would have refused the application

on the following grounds:

 The application is inconsistent with the requirements of the East Gippsland Planning Scheme, and in particular the Plantation Development Policy (Clause 22.13) in that the plantation proposed will have:

a) An adverse impact on environmental and landscape values;

b) An adverse impact on the community generally, and the adjoining

landowners; and

c) Is an inappropriate use of agricultural land in the Dellicknora Valley.

In deciding to refuse the grant of the permit, the Tribunal Member noted the reference in the Planning Scheme, at Clause 21.06, to Dellicknora being an "isolated" community, and that there could be negative impacts upon the community on the basis of the loss of housing; loss of (rural) services, and a loss of farm land, of which this property was one of few remaining parcels of productive agricultural land in the Tubbut/Dellicknora area.

The distinction between these appeal decisions and the consideration of this present proposal is clear. Both of the appeal sites were in remote and isolated locations, in the far north east of the Shire. In the case of the Dellicknora proposal, the establishment of a plantation at this location would have removed one of the few remaining cleared and agriculturally productive parcels of land. In contrast the Holsten’s property is located at the eastern end of an extensive valley, with numerous cleared and agriculturally productive parcels of land. This view is further reinforced by the policy basis of Council's Local Policy at Clause 22.13, which refers to the benefits of establishing plantations in the Tambo Valley/Omeo districts - where no such scarcity exists.

State Planning Policy Framework

Clause 15.01 Protection of catchments, waterways and groundwater. The objective of this policy is to assist the protection and, where possible, restoration of

catchments, waterways, water bodies, groundwater and the marine environment.

Water balance assessment

Following a request by Southern Rural Water, the applicants commissioned the preparation of a water balance assessment. That assessment was prepared by Leon Bren, Associate Professor, School of Forest and Ecosystem Science, Faculty of Land and Food Resources and the University of Melbourne. The assessment uses a model developed for what is described by the author as a "paired catchment experiment"; for radiata Pine in North East Victoria, and uses annual rainfall data supplied by the Bureau of Meteorology.

The modelling assumes a plantation development in 2010 and simulates stream flows with and without the plantation. The results show that, on average, stream flow would be diminished by 1.8 percent for Sandy Creek and 1.0 percent for Reedy Creek, but that this impact would be small and generally undetectable by gauging and would not impact other water users.

Southern Rural Water have reviewed the water balance assessment, and although acknowledging that impacts upon water flows would be low, has suggested that additional assessment should be undertaken, although their views appear to be based in the establishment of more than one plantation in the area.

For the purpose of Council's evaluation of the proposal, it is suggested that the assessment and evidence supplied in this regard is adequate for the purpose of Council deciding on the application, noting that there will be uncertainties in relation to this matter and, in particular, the cumulative impacts if further plantations were developed in the area.

Sediment transfer

Conditions would be placed on any approval granted to ensure that adequate steps are taken to minimise sediment transfer as a result of the establishment and operation of the plantation, as is required under the Code and also in line with the provisions of the Erosion Management Overlay. An annual audit of the operations of the plantation is also suggested to ensure that it complies with the Code at all times.

Management

It is considered that the plantation can be managed in accordance with the Code of Practice for Timber Production and State Environment Policy (Waters of Victoria), to ensure minimum impact on downstream water quality and flow volumes.

Clause 15.09 Conservation of native flora and fauna

Specific reference is made to the conservation of flora and fauna at Clause 15.09 of the Planning Scheme. In this regard, Officers at the Department of Sustainability and Environment have assessed the application and raised no objection subject to conditions in relation to the provision of appropriate buffers to native vegetation and adherence to the requirements of the Code of Practice for Timber Production.

Clause 17.05 Agriculture

The objective of this policy is to ensure that the State’s agricultural base is protected from unplanned loss of productive agricultural land due to permanent changes in land use, and to enable protection of productive farmland, which is of strategic significance in the local or regional context.

Whist the proposal would involve the removal of primary production, being currently used for extensive (grazing) agriculture, appropriate compliance with the Code requires that the environmental management of the plantation will minimise potential off-site effects and impacts on production on adjoining land, including the spread of pest plants and animals.

Clause 17.07 Forestry and timber production

The objective of this policy is to facilitate the establishment, management and harvesting of plantation, harvesting of timber from native forests and the development of forest based industries consistent with the National Forest Policy Statement.

The establishment of a plantation on this mostly cleared land is to be encouraged under this policy, subject to its operation in an environmentally sustainable manner, in accordance with the Code of Practice for Timber Production.

Local Planning Policy Framework

Clause 21.05 of the Municipal Strategic Statement (MSS) calls for the Shire to support rural industries, including timber production, but to ensure that forestry is environmentally sustainable. The MSS encourages plantations in accordance with the Plantation Development Policy, at Clause 22.13. It aims to ensure development proposals minimise potential impacts on water quality, minimise and manage risks of wildfire, encourage biodiversity and to ensure that forestry is carries out in accordance with relevant Codes and other Standards.

The property is located in the "Highland" area, in line with Clause 21.06 of the MSS - Strategies for sub-regions, towns and localities. The proximity to forests for the timber industry is highlighted as an opportunity for the region, although the Strategies for the area emphasise protecting environmental values, water quality, tourism and development that supports the local economy.

Local Planning Policy 22.01 Special Water Supply Catchment Areas applies to all land defined in the Catchment and Land Protection Act 1994. This property is within the Tambo catchment. Under this policy, any land used for timber production must be carried out strictly in accordance with the Code of Practice for Timber Production.

It is considered that, in line with the documentation submitted, the plantation can be established and maintained in accordance with the Code of Practice for Timber

Production and meet the requirements set out in relation to water quality.

The Plantation Development Policy found at Clause 22.13 of the East Gippsland Planning Scheme recognises Victorian and Commonwealth Government policy to facilitate the growth in plantation timber resources, especially on land that is predominantly cleared.

The policy recognises both the benefits and possible impacts of plantation development across the varied landscape settings in East Gippsland. Specifically the plantation policy aims to encourage plantation development in situations where this:

 is consistent with State Policy and the Regional Vegetation Plan (when approved);

 does not impact adversely on environmental and landscape values;

 does not impact adversely on the community or adjoining owners; and

 does not least to inappropriate use of high quality agricultural land.

Clause 22.13 requires the applicant to provide a Plantation Management Plan consistent with the Code of Forest Practices for Timber Production 2007, which has been provided.

The Decision Guidelines (in addition to those in the Farming Zone) include: the adequacy of the adjoining road network, and the potential effects of the proposal on the community.

Zoning

Schedule 1 to the Farming Zone specifies that a planning permit is required for timber production over 100 hectares in area. Additional approval is required under Clause 35.07- 4 for buildings and works. The application must also be reviewed in line with the decision guidelines at Clause 35.07-6, including:

 General issues - State and local planning policy;

 Agricultural issues – impacts upon agricultural production; and

 Environmental issues – flora and fauna, biodiversity, and pollutants and contaminants.

Overlays

The Environmental Significance Overlay applies to the land south of Sandy Creek Road.

It identifies the following environmental values:

 Powerful Owl;

 Sooty Owl; and

 Yellow Box Woodlands.

Both the Powerful Owl and the Sooty Owl are listed as threatened species under the Victorian Flora and Fauna Guarantee Act. The Yellow Box Woodlands are listed as endangered under the Commonwealth Environmental Protection and Biodiversity Conservation Act.

The applicant has submitted that because the land covered by the Environmental Significance Overlay is already cleared (for pasture purposes), it does not support these environmental values and therefore they are not relevant to the proposal.

The Shire in these instances reviews both the environmental values on the land proposed to be developed and surrounding land, where the values may exist. In this instance, it is noted that the land adjoins extensive forested areas to the south and east of the site.

Approximately half the property is included in the Erosion Management Overlay, being the upper (northern) sections. No approval ‘trigger’ is, however, established under the Overlay as no existing vegetation is proposed to be removed.

A small area of the property, along the eastern boundary, is included in the Wildfire Management Overlay. A permit is required if a Fire Risk Management Plan has not been lodged. In line with the Overlay, a copy of the application was referred to the Country FireAuthority (CFA) for advice. The CFA has offered no objection to the proposal.

Particular provisions

In line with Clause 52.18 of the Planning Scheme, all timber production activities must comply with the Code of Practice for Timber Production, and any amended versions, to the satisfaction of the responsible authority. The condition of the roads to be used for carting must be established prior to carting. Any damage caused to the road through carting must be reinstated at the developer's expense. The Shire must also consider the benefits or disbenefits of the proposal on the regional economy, and potential impacts flora and fauna and impacts upon the visual amenity of the area.

Code Practice for Timber Production (2007)

The Code of Practice for Timber Production has the purpose of ensuring that commercial timber growing and timber harvesting operations are carried out in such a way that:

 Promotes an internationally competitive forest industry;

 Is compatible with the conservation for the wide range of environmental values associated with the forest; and

 Promotes the ecologically sustainable management of native forests proposed for the continuous timber production.

The Code is a comprehensive document which includes goals, guidelines and prescriptions relating to all aspects of the establishment, maintenance and harvesting of timber plantations. The Code includes a requirement for a Plantation Development Notice to be served on the Shire prior to the commencement of site preparation also the preparation of a Timber Harvesting Plan which must be to the satisfaction of the responsible authority.

Therefore in relation to many of the matters raised by the objectors, it is important to reiterate that the design and layout of the plantation the operational aspects of the site preparation, setbacks from watercourses and drainage lines, planting, maintenance, harvesting and rehabilitation of the plantation are matters controlled by Clause 52.18 of the Planning Scheme which in turn requires that all timber production activities be in compliance with the Code.

General provisions

The application has been processed in line with the matters set out in Section 60 of the Planning and Environment Act 1987. The proposal is allowable by the Planning Scheme.

The application was advertised and objections have been received and considered. The application was also sent to nominated referral authorities and comments and conditions provided by those authorities have been considered in the processing of the application.

Issues of concern raised in objections

Environmental

The documentation supplied with the application indicates that only cleared pasture areas will be planted and that no native vegetation would be removed. Noxious weeds and plants would be controlled in accordance with the requirements of the Code of Practice for Timber Production and the Catchment and Land Protection Act 1994. The applicant also intends to appoint an ecologist from Greening Australia to prepare a conservation management plan for the property.

The applicant has submitted that a combination of herbicides would be used, based on the spectrum of weed species and site conditions. Spraying would be carried out in accordance with Midway's own operation procedures and in accordance with relevant regulations, to avoid contamination and overspray. They have also indicated that any herbicidal use close to Sandy Creek would be by spot application only.

The applicant has indicated that the use of pesticides would be only in exceptional circumstances.

The documentation supplied with the application provides for five metre setbacks to the existing native vegetation and to drainage lines – ten metres where required for a fire break. Ten metre setbacks are provided for all property boundaries, and a twenty metre setback has been specified for Sandy Creek and for an existing powerline, which runs east west through the southern half of the property. The planting is setback 100 metres from the existing housing, being the existing farm buildings.

I In response to a request from Southern Rural Water, the applicants have submitted a Water Balance Assessment, to analyse the impact of the plantation on Sandy Creek, which courses through the property. That analysis shows that while the plantation will have some impact upon stream flows, that impact is small and would generally be undetectable by gauging and would not be expected to impact other water users.

Southern Rural Water has, nevertheless, indicated that further evaluation should be carried out. For the purposes of Council’s consideration in relation to this matter, the documentation supplied is considered to be "sound" and based upon The Code requires a minimum twenty metre setback to waterways to avoid the entry of soils and other pollutants. This includes both planting and the operation of machinery.

Additional conditions would be included on the planning permit to address issues associated with potential sediment transfer, as well as annual audits.

The general methods for cultivation proposed, nevertheless, through contour mounding should reduce the likelihood that run-off will carry sediments or nutrients into waterways.

The amount of chemicals should also be minimal (some fertiliser at time of establishment, and weed control prior to and following establishment - little use after this time).

Fire

The applicant, in response to this issue, has indicated that fire behaviour within this eucalyptus plantation should be less severe than in native forest and that past events have shown that fire intensity decreases upon entering the plantation. The CFA has, in any case, advised that there are no fire related planning issues relevant to the proposal.

They have also advised that they are in discussions with the applicant to establish a Forest Industry Brigade and this would involve the preparation of a Fire Management Plan.

Social and economic

Social and economic impacts are difficult for Council to assess. The Department of Primary Industries in 2005 prepared a report on The Changing Social Landscape in Victoria, which documented social landscapes in regional Victoria, the influences within those landscapes and the implications for the overall shape and composition of Victoria’s primary industry.

In relation to the establishment of plantations, the report acknowledges that theses new forms of agriculture can have the effect of raising land prices and encouraging some farmers to leave the industry. This would inevitably have flow on effects; reducing access to farm/itinerant workers and reducing the viability of smaller rural communities. The Department of Sustainability and Environment in 2006 prepared A Socio-economic Impact of the Timber Industry on Communities within East Gippsland FMA, Victoria. This report focused much more on the economic benefits attached to the plantation industry, in terms of promoting economic diversification, jobs and new investment. Most recently, the Department of Primary Industries has initiated a new review, focusing more specifically on Planning Scheme requirements and the role of local government in decision making on this issue. Initial feedback from that review reinforces the view that local government is poorly placed to make such decisions, and raises the prospect of these controls being removed from the Planning Scheme and decided at a State level.

In the context of the current application, Council is dealing with the establishment of just one solitary plantation. The applicant has applied to develop just one property and has indicated, subsequent to this application being lodged, that neither Midway nor Macquarie Bank intend to purchase any additional land in the Ensay area. The direct and indirect social and economic impacts, therefore, would principally be on the basis of this one plantation.

Having regard to the direct impacts of the proposal, the applicants do not intend to remove or demolish any of the existing dwellings or associated shedding and have lodged an application to subdivide those buildings, along with approximately nine hectares of cleared land (planning application 527/2007/P). The dwellings and land would be occupied but would be generally unavailable for core farming purposes, similar to some smaller properties adjoining to the north. In keeping the dwelling, this will provide housing choice in the area (i.e. a rural lifestyle lot) and may allow for a population status quo.

The applicant, at the Planning Consultation Meeting, indicated that the plantation would be supervised locally and would employ a number of contractors both at establishment and at harvesting. Additional contractors would be employed for the purpose of vermin control and general maintenance.

Landscape and visual amenity

It is not considered that the establishment of a plantation at this location would be visually intrusive or damaging to the landscape, which is well away from the Great Alpine Road, being at the eastern end of the farming area, with limited vantage points. The area is not, furthermore identified in the Planning Scheme as being a significant landscape.

Traffic

This matter has been referred to the Shire’s Development Standards Coordinator for advice. That Officer has raised no issues of concern in relation to potential traffic impacts.

In line with the provisions of the Code of Practice for Timber Production, the applicant/permit holder will be required to assess the condition of all roads and to maintain and upgrade the roads as required, and particularly following harvesting.

Management

Much of the objection to the proposal stems from a mistrust that the applicants will manage the property adequately and that they will fail to follow the requirements of the relevant Australian Standards and Codes of Practice, and this will contribute substantially to a loss of environmental values.

Adherence to the Code of Forest Practices for Timber Production is not optional. It is a requirement of the zone and the Particular Provisions at Clause 52.18.

On the basis of what has been submitted, the applicants are able to demonstrate an ability to meet the requirements of the Code in relation to: minimising impacts upon the hydrology of the area and existing native vegetation by providing buffers; providing buffers to housing, and by providing measures to deal with pest plants and animals.

6 CONCLUSIONS

The proposal is considered to be consistent with State and Local Planning Policy, as that relates to the establishment and management of timber plantations. The applicant has demonstrated that the proposal meets all applicable requirements of the Code of Practice for Timber Production and can address issues raised by objectors and petitioners, principally in relation to any direct physical impacts. Social and economic impacts are more difficult to address, however, on the basis of the present proposal, it can be demonstrated by the retention of the existing dwelling and the employment of contractors that there is likely to be a status quo outcome.

Conditions will be required in order to ensure that environmental values are retained, particularly as that relates to the preservation of existing native vegetation and to address any potential sediment transfer to waterways. Additional conditions are recommended with respect to roads (as required under Clause 52.18 of the Planning Scheme) and to establish a monitoring/review regime by conducting annual audits, which would be carried out at the applicant/permit holders expense.

The application is recommended for approval.

7 APPENDICES

Nil

8 ATTACHMENTS

1. Site/location plan.

2. Application details, including supporting submission.

3. Minutes of Planning Consultation Meeting.

4. Historical assessment.

RECOMMENDATION

That Council:

(a) being the Responsible Authority and having considered all the relevant

planning matters, determines that planning application 329/2007/P is

consistent with the requirements and objectives of the East Gippsland

Planning Scheme and therefore resolves to issue a Notice of Decision to

Grant a Permit for Timber production at 1119 Buchan-Ensay Road, Reedy

Creek, in accordance with the endorsed plans and subject to the following

conditions: -

1. Before the development starts, amended plans to the satisfaction of the

responsible authority must be submitted to and approved by the

responsible authority. When approved, the plans will be endorsed and

will then form part of the permit. The plans must be drawn with

dimensions and two copies must be provided. The plans must be

generally in accordance with the plans submitted with the application

but modified in line with the recommendations of the approved Cultural

Heritage Management Plan (AAV project number 10078), dated 29

November 2007, being:.

 The introduction of a 5 metre diameter buffer to site 8423-0048

(WP14).

 An increase in the buffer to Sandy Creek, at site 8423-0052 (WP18).

2. This permit will expire if one of the following circumstances applies:

 The development and use is not started within two years of the date of

this permit; or

 The development is not completed within four years of the date of this

permit.

3. All retained native vegetation, including paddock trees, must be

protected from damage with a minimum 5 metre buffer measured from

the canopy edge.

4. Retained native vegetation must be protected from damage to the crown,

stem and roots at all times during plantation establishment, maintenance

and harvesting operations.

5. All plantation establishment, maintenance and harvesting operations

must comply with the Code of Forest Practice for Timber Production

(2007) and to the satisfaction of the responsible authority.

6. During plantation establishment, maintenance and harvesting

operations, adequate steps must be taken to stop soil erosion and the

movement of sediment off site and into drainage lines and watercourses

and onto adjoining Crown land. Adequate steps include:

a) Control of on-site drainage by intercepting and redirecting run-off in a

controlled manner to stabilised vegetated areas on site.

b) Installation of sediment control structures such as sediment basins,

sediment fences and sediment traps when construction commences

and maintaining them until the site is stabilised.

c) Re-vegetating all disturbed areas as quickly as possible or within 14

days after construction works are completed.

7. No planting or vegetation removal is to occur within any road reserves,

including unmade road reserves, unless otherwise approved in writing

by Crown Land Management, Department of Sustainability and

Environment.

8. Prior to the commencement of works, including establishment of the

plantation, the applicant must designate specific access routes for heavy

vehicles. Designated routes must be used for all access to and from the

site for all heavy vehicles. No other access routes may be used.

9. Prior to the commencement of all plantation, logging and harvesting

operations, the applicant must arrange a mutually convenient time for a

joint site inspection of all proposed access routes with a Council officer

and an authorised representative. The inspection will include a visual

examination to determine existing pavement and drainage conditions of

the proposed access route and may include video and photographic

recording. At the completion of each stage of operations (establishment

of plantation, harvesting, etc) the applicant will be responsible for all

costs associated with the upgrading and repair as necessary to reinstate

all access roads to the existing condition prior to the

commencement of operations.

10. Appropriate silt and sediment traps, where required, should be

established prior to the commencement of works to maintain runoff and

reduce sediment from the site. Rehabilitation and seeding of the site

should be undertaken after harvesting to the satisfaction of the

responsible authority.

11. Temporary debris and sediment control measures must be installed to

prevent debris and sediment from entering Council’s drainage system

during all construction stages. Pollution prevention measures, must be

in accordance with the Environmental Protection Authority’s Publication

Number 275 “Construction Techniques for Sediment Pollution Control”.

12. The permit holder must, at its cost, arrange and submit an independent

audit of the plantation operation to the responsible authority annually to

demonstrate compliance with the Code of Practice for Timber Production

and conditions contained in this permit, to the satisfaction of the

responsible authority. Any non-compliance must be immediately

reported to the responsible authority in writing and rectified to the

satisfaction of the responsible authority.

13. The development authorised by this permit must be undertaken in

accordance with the Code of Practice for Timber Production and State

Environment Protection Policy (Waters of Victoria). Without limitation,

the permit holder must ensure that buffers along any permanent

drainage lines or waterways are maintained in accordance with the

requirements of the Code of Practice for Timber Production, to the

satisfaction of the responsible authority.

14. If the layout of the development approved by this permit is to be

amended in a manner that could conflict with the recommendations of

the approved Cultural Heritage Management Plan, an amendment to that

layout will only be permitted if the permit holder provides a planning

assessment report demonstrating consistency with the approved

Cultural Heritage Management Plan.

(b) Informs the head petitioner in relation to its decision on planning permit

application 329/2007/P, for a Timber Plantation at 1119 Buchan-Ensay Road,

Reedy Creek.

Cr Jane Rowe / Cr Gil Sheppard

THAT COUNCIL BEING THE RESPONSIBLE AUTHORITY AND HAVING

CONSIDERED ALL THE RELEVANT PLANNING MATTERS, DETERMINES THAT

PLANNING APPLICATION 329/2007/P IS NOT CONSISTENT WITH THE

REQUIREMENTS AND OBJECTIVES OF THE EAST GIPPSLAND PLANNING

SCHEME AND THEREFORE RESOLVES TO ISSUE A REFUSAL TO GRANT A

PERMIT FOR TIMBER PRODUCTION AT 1119 BUCHAN-ENSAY ROAD, REEDY

CREEK, SUBJECT TO THE FOLLOWING GROUNDS: -

1. THAT THE PROPOSAL IS INCONSISTENT WITH THE REQUIREMENTS OF

THE EAST GIPPSLAND PLANNING SCHEME, AND IN PARTICULAR THE

PLANTATION DEVELOPMENT POLICY (CLAUSE 22.13) IN THAT THE

PLANTATION WILL HAVE:

 AN ADVERSE IMPACT UPON THE COMMUNITY AND SURROUNDING

LANDOWNERS, AND

 AN ADVERSE IMPACT ON ENVIRONMENTAL AND LANDSCAPE

VALUES, PARTICULARLY AS THAT RELATES TO WATER; AND

 IS AN INAPPROPRIATE USE OF AGRICULTURAL LAND IN THE REEDY

CREEK AREA.

CARRIED 04/03/2008

For: Crs. Ben Buckley, Dale Fisher, Jane Rowe and Gil Sheppard.

Against: Crs. Robert Nettleton, Ron Schrader and Meredith Urie. .

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