amendment c87gpla golden plains planning scheme ......expert evidence report amendment c87gpla –...

Amendment C87gpla Golden Plains Planning Scheme

Inverleigh Structure Plan 2019

Expert Evidence Report

Prepared by: Philip Walton

Prepared for: Golden Plains Shire Council

13 March 2020

xwb consulting

Town Planning and Bushfire Consultants

Expert Evidence Report Amendment C87gpla – Golden Plains Planning Scheme

13 March 2020

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1. Introduction

My name is Philip Daniel Walton and I am the Principal of XWB Consulting which operates

from 53 Cardinia Street, Berwick. My qualifications and experience are described at Appendix

A.

I have been requested by the Golden Plains Shire Council to prepare a report in relation to

Amendment C87gpla. Specifically, I have been requested to:

• Review Amendment C87 to the Golden Plains Planning Scheme including the

Inverleigh Structure Plan 2019 and the Strategic Bushfire Risk Assessment for the

Inverleigh Structure Plan 2018 (SBRA).

• Assess the bushfire risk to the Inverleigh Township including the potential

development areas identified in the Inverleigh Structure Plan 2019.

• Assess the compliance of Amendment C87gpla with Clause 13.02-1S of the Golden

Plains Planning Scheme in relation to Bushfire Planning.

• Review the issues raised in the submissions received in relation Amendment C87gpla

in relation to bushfire risk.

I have had no private or business relationship with Golden Plains Shire Council prior to being

requested to prepare this report.

In the course of preparing this evidence, I have inspected the Inverleigh Township on 2 January

2020. I have reviewed the following documents in preparing this report:

• Amendment C87gpla to the Golden Plains Planning Scheme.

• Inverleigh Structure Plan 2019.

• Strategic Bushfire Risk Assessment for the Inverleigh Structure Plan 2018.

• Council summary of bushfire issues raised in submissions received.

• Golden Plains Planning Scheme.

• Panel Report Amendment C74 Golden Plains Planning Scheme (Planning Panels

Victoria 2019)


Victoria 2018)

• AS3959-2018 Construction of Buildings in Bushfire Prone Areas.

• Technical Guide Planning Permit Applications in a Bushfire Management Overlay.

(DELWP 2017)

• Planning Practice Note 64 Local Planning for Bushfire (DELWP 2015).


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• Nearmap and Land Victoria aerial photography.

• Email from Parks Victoria to Golden Plains Shire Council 20 November 2019.

• Submission from the Country Fire Authority to Amendment C87gpla.

A summary of my opinions as it relates to Amendment C87gpla are as follows:

• The bushfire risk to the Inverleigh Township and potential development areas in the

Inverleigh Structure Plan 2019 are from a bushfire within the Inverleigh Flora and Fauna

Reserve and from a grassfire approaching from the north / north west or south west.

• The bushfire risk can be mitigated to an acceptable level through an interface

treatment between the bushfire hazard and the township / residential development.

• Amendment C87gpla is consistent with state planning policy in relation to bushfire

planning as expressed in Clause 13.02-1S of the Golden Plains Planning Scheme

subject to appropriate bushfire mitigation measures.

• A number of changes should be made to the Inverleigh Structure Plan 2019, particularly

in relation to the “planning and design bushfire responses required” in Section 7 to

clarify and strengthen the bushfire mitigation measures.

• There are no issues raised in the submissions received which from a bushfire

perspective would warrant Amendment C87gpla not proceeding.


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2. Context

Inverleigh is a small rural township located approximately 30km west of Geelong with a

population of 1200 residents.

Council has prepared the Inverleigh Structure Plan 2019 and as part of this project prepared a

Strategic Bushfire Risk Assessment.

Clause 21.07-5 of the Golden Plains Planning Scheme provides an existing policy statement in

relation to the Inverleigh Township based on the Inverleigh Structure Plan 2005. A copy of the

framework plan from the planning scheme is attached to this report as Appendix A.

Council has prepared Amendment C87gpla to the Goldens Plains Planning Scheme to

implement the Inverleigh Structure Plan 2019. The amendment effectively updates the existing

policy statement and a copy of the proposed framework plan as part of Amendment C87gpla

is attached to this report as Appendix B.

The proposed framework plan does not introduce any additional areas for development.

However the proposed framework plan removes the existing minimum lot size of 1ha in

existing and proposed low density areas allowing subdivision down to the minimum lot size

allowed under the low density residential zone being 0.4ha for unsewered areas. The only

exception to this is Potential Growth Area 3 which did not specify a minimum lot size in the

2005 structure plan. The change in lot sizes represents an intensification of development

within the structure plan area. The proposed framework plan also identifies two parcels in

Hopes Plains Road and Common Road already rezoned for residential development as part of

Amendments C74 and C75 to the Golden Plains Planning Scheme. This is significant because

both parcels are in a higher risk location from a bushfire perspective within the Inverleigh

Township, but have been recently had planning scheme amendments approved.


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3. Planning Context

State Planning Policy

State planning policy in relation to bushfire planning strategies and principles in Clause 13.02-

1S of the planning scheme. The objective of the state policy is to strengthen the resilience of

settlements and communities to bushfire through risk-based planning that prioritises the

protection of human life. Strategies to meet this objective are set out below:

Protection of human life

Give priority to the protection of human life by:

• Prioritising the protection of human life over all other policy considerations.

• Directing population growth and development to low risk locations and ensuring the

availability of, and safe access to, areas where human life can be better protected

from the effects of bushfire.

• Reducing the vulnerability of communities to bushfire through the consideration of

bushfire risk in decision-making at all stages of the planning process.

Bushfire hazard identification and assessment

Identify bushfire hazard and undertake appropriate risk assessment by:

• Applying the best available science to identify vegetation, topographic and climatic

conditions that create a bushfire hazard.

• Considering the best available information about bushfire hazard including the map

of designated bushfire prone areas prepared under the Building Act 1993 or

regulations made under that Act.

• Applying the Bushfire Management Overlay in planning schemes to areas where the

extent of vegetation can create an extreme bushfire hazard.

• Considering and assessing the bushfire hazard on the basis of:

− Landscape conditions - meaning the conditions in the landscape within 20

kilometres and potentially up to 75 kilometres from a site;

− Local conditions - meaning conditions in the area within approximately 1

kilometre from a site;

− Neighbourhood conditions - meaning conditions in the area within 400 metres

of the site;

− The site for the development.


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• Consulting with emergency management agencies and the relevant fire authority early

in the process to receive their recommendations and implement appropriate bushfire

protection measures.

• Ensuring that strategic planning documents, planning scheme amendments, planning

permit applications and development plan approvals properly assess bushfire risk and

include appropriate bushfire protection measures.

• Not approving development where a landowner or proponent has not satisfactorily

demonstrated that the relevant policies have been addressed, performance measures

satisfied or bushfire protection measures can be adequately implemented.

Settlement planning

Plan to strengthen the resilience of settlements and communities and prioritise protection of

human life by:

• Directing population growth and development to low risk locations, being those

locations assessed as having a radiant heat flux of less than 12.5 kilowatts/square metre

under AS 3959-2009 Construction of Buildings in Bushfire-prone Areas (Standards

Australia, 2009).

• Ensuring the availability of, and safe access to, areas assessed as a BAL-LOW rating

under AS 3959-2009 Construction of Buildings in Bushfire-prone Areas (Standards

Australia, 2009) where human life can be better protected from the effects of bushfire.

• Ensuring the bushfire risk to existing and future residents, property and community

infrastructure will not increase as a result of future land use and development.

• Achieving no net increase in risk to existing and future residents, property and

community infrastructure, through the implementation of bushfire protection

measures and where possible reduce bushfire risk overall.

• Assessing and addressing the bushfire hazard posed to the settlement and the likely

bushfire behaviour it will produce at a landscape, settlement, local, neighbourhood

and site scale, including the potential for neighbourhood-scale destruction.

• Assessing alternative low risk locations for settlement growth on a regional, municipal,

settlement, local and neighbourhood basis.

• Not approving any strategic planning document, local planning policy, or planning

scheme amendment that will result in the introduction or intensification of

development in an area that has, or will on completion have, more than a BAL-12.5

rating under AS 3959-2009.


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Areas of high biodiversity conservation value

Ensure settlement growth and development approvals can implement bushfire protection

measures without unacceptable biodiversity impacts by discouraging settlement growth and

development in bushfire affected areas that are of high biodiversity conservation value.

Use and development control in a Bushfire Prone Area

In a bushfire prone area designated in accordance with regulations made under the Building

Act 1993, bushfire risk should be considered when assessing planning applications for the

following uses and development:

• Subdivisions of more than 10 lots

• Accommodation

• Childcare centre

• Education centre

• Emergency services facility

• Hospital

• Indoor recreation facility

• Major sports and recreation facility

• Place of assembly

• Any application for development that will result in people congregating in large

numbers.

When assessing a planning permit application for the above uses and development:

• Consider the risk of bushfire to people, property and community infrastructure.

• Require the implementation of appropriate bushfire protection measures to address

the identified bushfire risk.

• Ensure new development can implement bushfire protection measures without

unacceptable biodiversity impacts.

Policy guidelines

The policy guidelines under the State Planning Policy Framework specify that planning must

consider as relevant:

• Any relevant approved State, regional and municipal fire prevention plan.


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• AS 3959-2009 Construction of Buildings in Bushfire-prone Areas (Standards

Australia,2009).

• Building in bushfire-prone areas - CSIRO & Standards Australia (SAA HB36-1993)


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4. Bushfire Risk and Mitigation

Most of the Inverleigh Township including the proposed development areas sit outside the

Bushfire Management Overlay save for land within 150m of the Inverleigh Flora and Fauna

Reserve as shown on the attached plan:

The Bushfire Management Overlay under state planning policy is applied to land where the

extent of vegetation can create an extreme bushfire hazard. Therefore most of the town other

than the interface with the Inverleigh Flora and Fauna Reserve is not exposed to potential

extreme bushfire hazard.

Bushfire Management Overlay


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Most of the Inverleigh Township however sits within a Bushfire Prone Area under the Building

Regulations 2018 save for a core area of the township as shown below:

This is due to the exposure to open paddocks with the township area and surround which

could sustain a grassfire. New dwellings built within a bushfire prone area are required to be

constructed to a minimum Bushfire Attack Level of BAL12.5 primarily to mitigate the impact

of ember attack from a bushfire or grassfire.

The landscape surrounding the Inverleigh Township is predominantly open crop and pasture

land. The main exception to this is the Inverleigh Flora and Fauna Reserve to the north of the

township which is a woodland reserve of approximately 1050ha.

In south eastern Australia, the greatest bushfire / grassfire threat occurs when there is a strong

dry north westerly wind followed by a south westerly wind change. Under these conditions,

the main bushfire risk to the township would be from:


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1. A grassfire spreading into the Inverleigh Flora and Fauna Reserve and then spreading

within the reserve towards the township.

2. A bushfire starting within the Inverleigh Flora and Fauna Reserve and spreading within

the reserve towards the township.

3. A grassfire making a run towards the township from the north west.

4. A grassfire making a run to the west of the township and spreading towards the

township following a south westerly wind change.

These scenarios are shown on the plan below and were also identified within the SBRA.


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For each of these scenarios, the interface treatment between the bushfire hazard and the

township / residential development is critical to mitigating the bushfire risk to an acceptable

level. This interface treatment should include:

• Sufficient separation between the hazard and dwellings under AS3959 to achieve a

bushfire attack level rating of BAL12.5 for dwellings. This is a requirement of state

planning policy in relation to bushfire planning for any strategic plan or planning

scheme amendment.

• The inclusion of a perimeter road at the interface between the rural and township

landscape.

• Fuel management to reduce the available fuel within the separation area to a minimal

level to suppress the spread of a fire.

• A minimum bushfire attack level construction standard of BAL12.5 for new dwellings

within the bushfire prone area within the township.

• An independent static water supply of 10,000 litres for fire fighting purposes on

individual properties within the Bushfire Management Overlay area adjoining the

Inverleigh Flora and Fauna Reserve.

The concept of a perimeter road is shown in the diagram below:

It is noted that the Country Fire Authority in its submission to Amendment C87gpla has

supported the amendment in its current form. In its submission, the CFA has said bushfire

risk should be reduced to acceptable levels in identified potential growth / development

areas by:

• Avoiding residential development in higher risk areas.

• Providing appropriate setbacks of dwellings from classified vegetation.


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• Consolidating the township edge to provide a clear distinction between rural land

and residential land to limit the potential for grass / bush fire spread into the town

area.

• Provision of appropriate defendable space, building envelopes, water supply and

access / egress to the development areas / individual properties.

• Construction of new dwellings to the appropriate Bushfire Attack Level (BAL)

construction standards.

It is considered that the interface treatment set out above is consistent with the position of

the CFA as set out in its submission.

The potential growth areas in the Inverleigh Structure Plan are shown on the plan below:

For potential growth area 1, this area sits outside the Bushfire Management Overlay and

there is a grassland interface to the east of Hopes Plains Road. A separation of 19m from the

grassland is required to achieve a bushfire attack level rating of BAL12.5 for dwellings. Where

possible this should be achieved by managed gardens with the setback area of the dwellings

from Hopes Plains Road. Hopes Plains Road could make up part of this separation provided it

is managed on an ongoing basis during the fire danger period in a reduced fuel condition.

Hopes Plains Road would constitute a perimeter road for the development within potential

growth area 1.


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For potential growth area 2, this area was rezoned for low density residential development

as part of Amendment C74 to the Golden Plains Planning Scheme. The Schedule to the

Development Plan Overlay introduced as part of the amendment requires (inter-alia):

• A 6m wide all weather perimeter road to be constructed on the western, northern and

eastern boundaries of the development area.

• No lots to directly adjoin the Inverleigh Golf Course or Inverleigh Flora and Fauna

Reserve unless separated by a perimeter road.

• The identification of development areas capable of meeting a bushfire attack level

rating of BAL12.5 and measures to restrict development outside these areas.

• The identification of measures to mitigate bushfire risk including separation distances

and the management of vegetation.

Part of potential growth area 2 adjoining the Inverleigh Golf Course and Inverleigh Flora and

Fauna Reserve is within a Bushfire Management Overlay. A planning permit application to

subdivide this land will be required to address the bushfire planning provisions of Clause 53.02

of the planning scheme in relation to defendable space, BAL construction standard, water

supply and access.

In an email dated 20 November 2019 to the Golden Plains Shire Council, Parks Victoria have

confirmed that it undertakes annual fire prevention works within the Inverleigh Flora and

Fauna Reserve including a 40m wide slashed fire break along the boundary with potential

growth area 2.

A separation of 33m from the woodland area is required to achieve a bushfire attack level

rating of BAL12.5 for dwellings. This should preferably be provided as defendable space within

the future lots within the development area. The perimeter road could make up part of this

separation provided it is managed on an ongoing basis during the fire danger period in a

reduced fuel condition. The slashed fire break within the Inverleigh Flora and Fauna Reserve

should not be relied as part of this minimum separation distance and should be seen as an

additional measure to mitigate the impacts of a bushfire approaching the development area.

A 6m wide perimeter road should be provided as required by the Schedule to the

Development Plan Overlay to allow access by fire fighting / emergency vehicles. The

effectiveness of this perimeter road will be contingent upon the management of fuel loads

either side of the perimeter road as part of the Parks Victoria slashed fire break and the

defendable space in the lots. An independent static water supply of 10,000 litres for fire


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fighting purposes should be provided on individual properties as required by the Bushfire

Management Overlay.

Along Hopes Plains Road, there is a grassland interface to the east. A separation of 19m from

the grassland is required to achieve a bushfire attack level rating of BAL12.5 for dwellings.

Where possible this should be achieved by managed gardens with the setback area of the

dwellings from Hopes Plains Road. Hopes Plains Road could make up part of this separation

provided it is managed on an ongoing basis during the fire danger period in a reduced fuel

condition. Hopes Plains Road would constitute a perimeter road for the development.

For potential growth area 3, part of this area was rezoned for low density residential

development as part of Amendment C75 to the Golden Plains Planning Scheme. The Schedule

to the Development Plan Overlay introduced as part of the amendment (unlike Amendment

C74) does not contain any provisions in relation to bushfire.

Part of potential growth area 3 adjoining the Inverleigh Flora and Fauna Reserve is within a

Bushfire Management Overlay. A planning permit application to subdivide this land will be

required to address the bushfire planning provisions of Clause 53.02 of the planning scheme.

In an email dated 20 November 2019 to the Golden Plains Shire Council, Parks Victoria have

confirmed that it undertakes annual fire prevention works within the Inverleigh Flora and

Fauna Reserve including a 40m wide slashed fire break along Common Road at the interface

with potential growth area 3 as shown in the photograph below:

Looking east along Common Road. Slashed fire break and reserve to the left of the road.


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A separation of 33m from the woodland area is required to achieve a bushfire attack level

rating of BAL12.5 for dwellings. This should preferably be provided as defendable space within

the future lots within the development area. Common Road could make up part of this

separation provided it is managed on an ongoing basis during the fire danger period in a

reduced fuel condition. The slashed fire break within the Inverleigh Flora and Fauna Reserve

should not be relied as part of this minimum separation distance and should be seen as an

additional measure to mitigate the impacts of a bushfire approaching the development area.

Common Road will provide for the perimeter road to the development area. An independent

static water supply of 10,000 litres for fire fighting purposes should be provided on individual

properties as required by the Bushfire Management Overlay.

There is a grassland interface to the west of Teesdale – Inverleigh Road and to the south along

the Leigh River. A separation of 19m from the grassland is required to achieve a bushfire

attack level rating of BAL12.5 for dwellings. Where possible this should be achieved by

managed gardens with the setback area of the dwellings from Teesdale – Inverleigh Road.

Teesdale - Inverleigh Road could make up part of this separation provided it is managed on

an ongoing basis during the fire danger period in a reduced fuel condition. Teesdale -

Inverleigh Road would constitute a perimeter road for the development within potential

growth area 3. The form of separation along the Leigh River and its escarpment will depend

on the nature of development. A larger separation may be required to achieve a Bushfire

Attack Level of BAL12.5 if the escarpment were to form part of unmanaged open space.

For potential growth area 4, this area sits outside the Bushfire Management Overlay and

there is a grassland interface to the north, east and west. A separation of 19m from the

grassland is required to achieve a bushfire attack level rating of BAL12.5 for dwellings. Where

possible this should be achieved by managed gardens with the setback area of the dwellings

from the grassland interface. There are existing perimeter roads for the development within

potential growth area 4, being the Hamilton Highway, unnamed road south of Hope Plains

Road and the road parallel to the south side of the railway line.

For potential growth area 5, this area also sits outside the Bushfire Management Overlay and

there is a grassland interface to the south. A separation of 19m from the grassland is required

to achieve a bushfire attack level rating of BAL12.5 for dwellings. This should be achieved by

managed gardens within the setback area of the dwellings from the grassland interface.

Riverview Road, River Road and Weatherboard Road provide perimeter roads for the western


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section of the potential growth area. Little development would be possible in the eastern

section facing McCallam Road due to the existing smaller size of the lots and it would not be

practicable in this instance to provide a perimeter road to the south.

For potential growth area 6, this area sits outside the Bushfire Management Overlay and has

a long grassland interface. A separation of 19m from the grassland is required to achieve a

bushfire attack level rating of BAL12.5 for dwellings. Where possible this should be achieved

by managed gardens within the setback area of the dwellings. Mahers Road and Bourke Road

to the west form the critical interface for the Inverleigh Township and would constitute

perimeter roads for both the potential growth area and the wider township. This perimeter

road assists in providing the consolidated township edge referred to in the CFA submission to

provide a clear distinction between rural land and residential land to limit the potential for

grass / bush fire spread into the town area.


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5. Response to state bushfire planning policy The table below sets out a response to state planning policy in relation to bushfire planning

and demonstrates that state planning policy can be met in relation to Amendment C87gpla

and the Inverleigh Structure Plan.

State policy Response

Objective A risk based assessment has been undertaken in

relation to the Inverleigh Structure Plan by the Golden

Plains Shire Council and by myself in this report. The

risk at a landscape and site scale can be mitigated to

an acceptable level through appropriate interface

treatments. Such an approach is considered to

prioritise the protection of human life as required by

the objective.

Protection of human life The risk at a landscape and site scale can be mitigated

to an acceptable level which prioritises the protection

of human life. The priority of the protection of human

life is not compromised by other policy considerations

such as the protection of native vegetation.

Development can achieve a separation distance from

woodland and grassland fuel types sufficient to

achieve a radiant heat flux of 12.5 kilowatts/square

metre (BAL12.5) under AS3959 which is considered to

be a low risk location under state planning policy.

Access is available to the core area of the Inverleigh

Township which offers a higher level of protection

from the effects of a bushfire. Measures are identified

in the Inverleigh Structure Plan to improve roads which

provide access to the town centre.

Bushfire hazard identification and assessment The risk at a landscape and site scale as demonstrated

in this report can be mitigated to an acceptable level

which prioritises the protection of human life.

Settlement planning These strategies are relevant to the Inverleigh

Structure Plan and are crystallised in the statement:

“Not approving any strategic planning document, local

planning policy, or planning scheme amendment that

will result in the introduction or intensification of

development in an area that has, or will on completion


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have, more than a BAL-12.5 rating under AS 3959-

2009”.

Development is directed to low risk locations in the

structure plan, being locations which can achieve a

separation distance from the woodland and grassland

vegetation types sufficient to achieve a radiant heat

flux of 12.5 kilowatts/square metre under AS3959. The

policy is black and white, if development cannot

achieve a BAL12.5 rating, it should not proceed.

Area of biodiversity There are no areas of significant biodiversity impacted

in order to provide for bushfire protection measures

for future development. Whilst Parks Victoria provide

slashed fire breaks within the Inverleigh Flora and

Fauna reserve, these break are not relied on to provide

the separation to achieve a radiant heat flux of 12.5

kilowatts/square metre under AS3959 and provide an

added level of protection for the township and

development areas.

Use and development controls in a bushfire prone area

Under these strategies, future subdivisions with

development areas will be required to consider

bushfire risk at the detailed planning permit stage

including appropriate bushfire mitigation measures.


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6. Issues raised in submissions

The issues set out below are a summary of issues identified by the Golden Plains Shire Council

in the submissions received in relation to bushfire risk related to Amendment C87gpla. A

response is provided to each of the submissions:

Issue Response Bushfire risk of the Inverleigh Flora Reserve (also

known as The Common) is underestimated and should

be rated ‘extreme’.

The Inverleigh Flora Reserve and a 150m buffer around

it is included within the Bushfire Management Overlay.

Under State Planning Policy, the BMO identifies areas

where the extent of vegetation may create an extreme

bushfire hazard. The fuel load associated with the

woodland landscape in the reserve needs to be

considered in determining the interface treatment and

bushfire mitigation measures required for adjoining

and nearby development. Under state planning policy,

such development needs to achieve a radiant heat flux

of less than 12.5 kilowatts / square metre to be

deemed a low risk location for development to

proceed.

Fire prevention measures and responsibilities to

minimise risk are not detailed or are insufficient in the

Structure Plan or Amendment C87gpla.

Further clarity can be provided for each of the

potential growth areas in the Inverleigh Structure Plan

on interface treatments to mitigate bushfire / grassfire

risk as set out later in this report.

Failure to include measures to counteract the

increasing bushfire risk in Victoria.

Amendment C87gpla, the Inverleigh Structure Plan

and any future development needs to address state

planning policy in relation to bushfire planning. The

current state planning policy revised under VC140 in

December 2017 sets a high benchmark for bushfire

planning in Victoria which is reflective of increasing

bushfire risk. Bushfire provisions are based on a FDI of

100 which represent the most extreme bushfire

conditions such as those experienced on Black

Saturday. Addressing extreme conditions as part of

development planning as opposed to normal summer

conditions is an appropriate response to climate

change and increasing bushfire risk.


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Issue Response Risk to life and property resulting from

Common Road being the only egress is not

articulated in the Strategic Bushfire Assessment.

Presumably this refers to potential growth area 3.

Common Road is not a dead end road and access is

available from the west and east. Measures are

proposed in the Inverleigh Structure Plan to upgrade

Common Road and access constraints to the west and

east such as the Twin Bridges and the intersection with

the Hamilton Highway. Common Road to the east

passes through low density residential areas with an

associated lower risk and adjoining the Inverleigh Flora

and Fauna Reserve has a wide fuel reduced buffer. I

would be far more concerned if the bushland

vegetation came right up to the edge of the road.

The Strategic Bushfire Risk Assessment fails to mention

there is no shelter/ refuge in Inverleigh.

The Inverleigh Town Centre is a low risk bushfire

location which would provide a place of relief / refuge

in the event of a bushfire. This is consistent with state

planning policy which refers to ensuring the

availability of and access to areas assessed as a BAL-

LOW rating under AS3959 where human life can be

better protected from the effects of a bushfire. This is

recognised with the Strategic Bushfire Assessment

undertaken by the Golden Plains Shire Council.

The Strategic Bushfire Risk Assessment is based on

an outdated version of the Planning Practice Note 64

and fails to consider directions of the Practice

Note2015 version, including:

• “Older plans and strategies that seek to

justify planning proposals will need to be

carefully considered if the State planning

policy for bushfire impacts on the

suitability of their content”;

• The context of Planning Practice Note 64

(2015);

• Whether proposed changes in

development potential of growth areas 1-6

increases the risk to life, property and

community infrastructure.

• “Directing development to the lowest risk

locations is the most effective way to

It would appear Planning Practice Note 64 (September

15) has been used by Council but has been incorrectly

cited within SBRA.


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Issue Response prioritise the protection of human life.

This should be the key strategy to enhance

resilience to bushfire”.

• The example of Planning Practice Note 64

specifically advises to avoid areas with a

single access/ egress for development.

• Development pressure may potentially

conflict with the bushfire hazard

In Section 3.2 Landscape Context, the

landscape 1 and 5km around Inverleigh is taken into

account. Planning Practice Note 64 (2015)

recommends a significantly larger area, namely to

assess landscape factors 1, 10 and 20 km around

the assessed area. This part should be re-done in

line with the current guidelines.

The broader landscape around Inverleigh is consistent

with landscape assessed in the SBRA and the fire risk

remains as described in the SBRA of long run grassfires

running into the Inverleigh Flora and Fauna Reserve

and impacting the township or grassfires running to

the interface of the township.

The Bushfire Risk Assessment should be redone

assigning individual bushfire risk assessments for

the proposed growth areas. These individual

bushfire risk assessments should then be used to

prioritise (or abandon) Growth Areas based on an

unacceptable risk of loss of life in the event of a

fire.

The state planning policy on bushfire planning sets a

high benchmark in relation to bushfire risk and new

development. Subject to suitable interface treatments,

these proposed growth areas can be considered low

risk areas and are suitable for development.

Section 3 Analysis and Evaluation. Pages 40 and 41

fail to articulate whether the risk for each of the

potential growth areas 1-6 has been reduced to an

acceptable level. Choices between the growth

areas appear not to have been based on bushfire

risk but based on the availability of land. This

contradicts the guidelines provided in Planning

Practice Note 64 (2015) which emphasizes the

priority of protection of human life over

development pressure.

See above.

Infrastructure and bushfire risk mitigation measures

should be clearly detailed and the Structure Plan

adjusted to incorporate recommendations from the

revised Bushfire Risk Assessment.

The bushfire mitigation measures in the Inverleigh

Structure Plan should be amended to include more

specific measures as set out in this report.


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Issue Response Growth Area 3 should be revisited based on a

revised Strategic Bushfire Risk Assessment.

Part of growth area 3 is already zoned for residential

development under Amendment C75 to the Golden

Plains Planning Scheme. Development can occur with

growth area 3 subject to appropriate interface

treatments to the Inverleigh Flora and Fauna Reserve

and adjoining grasslands.

Inverleigh Structure Plan and associated documents

should provide more guidance on setbacks for

future development from the Inverleigh Flora

Reserve and necessary bushfire mitigation

measures to be undertaken.

Agreed. The bushfire mitigation measures in the

Inverleigh Structure Plan should be amended to

include more specific measures as set out in this

report.

Amendment C87gpla is in conflict with the findings

of C74gpla which determined lots should be 1-2

hectares to reduce the extent of development

which may be exposed to bushfire risk.

This was noted by the panel, however it does not stop

the consideration of C87 as a separate amendment.

Subject to an appropriate bushfire interface treatment

and building construction standards, there is no

reason why lot sizes down to 0.4ha should not be

considered. The zone does not mandate lots of 0.4ha

and if local considerations warranted larger lots, this

could be determined through a planning permit

application for subdivision.

Population growth from growth accommodated

through Amendment C87gpla will result in

increased usage of roads beyond their capacity and

an unmanageable strain on infrastructure in the

event of a bushfire.

There is no evidence to support the assertion that

roads will operate beyond their capacity. Actions are

proposed to upgrade the capacity of roads within the

Inverleigh Structure Plan.


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7. Recommended changes to Inverleigh Structure Plan

A number of changes are recommended to the Inverleigh Structure Plan 2019 which is a

reference document within the Golden Plains Planning Scheme to provide further clarity in

relation to bushfire mitigation measures as set out below:

Residential Development (p51)

Amend principle (c) bushfire ready community to read:

• Residential neighbourhoods will be appropriately designed in response to the

identified bushfire risk through interface treatments and building design, as well as the

provision of multiple access opportunities.

Amend the 3rd sub point of the strategy “Support rezoning land within the township boundary

that is unencumbered by flooding to facilitate residential development that incorporates

subdivision and development design which:” to read:

• Incorporates a bushfire interface treatment including a perimeter road and bushfire

hazard separation for dwelling sufficient to achieve a radiant heat flux of 12.5

kilowatts/square metre (BAL12.5) under AS3959 Construction of Buildings in Bushfire

Prone Areas.

Add an additional point to read:

• Addresses the Bushfire Planning Provisions in Clause 53.02 of the Golden Plains

Planning Scheme where land is included within the Bushfire Management Overlay.

Potential Growth Areas 1 & 2 – Planning and Design Bushfire Responses Required:

Amend the points to read:

• Stage development to minimise bushfire risk through expansion adjacent to existing

developed land.

• Ensure fully constructed access onto Hopes Plains Road and Common Road to allow

appropriate access in the event the area is threatened by fire.

• Ensure well constructed and laid out access / egress is provided with minimum 7 metre

sealed roads.

• Undertake improvements to the Common Road / Hamilton Highway intersection to

improve road user safety.


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• Utilise Hopes Plains Road as a perimeter road to provide protection to residential

development from the grassland to the east.

• Provide a perimeter road adjoining the Inverleigh Golf Course and Inverleigh Flora and

Fauna Reserve with a minimum width of 6m to allow access by fire fighting /

emergency vehicles.

• Provide a minimum separation of 33m from the woodland area within the Inverleigh

Golf Course and Inverleigh Flora and Fauna Reserve to achieve a bushfire attack level

rating of BAL12.5 for dwellings. The separation should be provided as defendable

space (as defined under Clause 53.02 of the Golden Plains Planning Scheme) within

the future lots within the development area and may include the adjoining perimeter

road.

• An independent static water supply of 10,000 litres for fire fighting purposes should

be provided on individual properties within the Bushfire Management Overlay as

required under Clause 53.02 of the Golden Plains Planning Scheme.

• Provide a separation of 19m from the grassland to the east to achieve a bushfire attack

level rating of BAL12.5 for dwellings. Where possible this should be achieved by

managed gardens with the setback area of the dwellings from Hopes Plains Road.

• Ensure any public open space created as part of the development is able to be

appropriately accessed to allow management for fire.

Potential Growth Areas 3 – Planning and Design Bushfire Responses Required:



developed land.


sealed roads and fully constructed egress to Common Road.

• Upgrade the Twin Bridges on the Teesdale Inverleigh Road to a 15 tonne standard for

maintenance / emergency service vehicle access.

• Undertake improvements to the Common Road / Hamilton Highway intersection to

improve road user safety.

• Utilise Common Road as a perimeter road to provide protection to residential

development from the Inverleigh Flora and Fauna Reserve.

• Provide a separation of 33m from the woodland area within the Inverleigh Golf Course

and Inverleigh Flora and Fauna Reserve to achieve a bushfire attack level rating of


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BAL12.5 for dwellings. The separation should be provided as defendable space (as

defined under Clause 53.02 of the Golden Plains Planning Scheme) within the future

lots within the development area and may include Common Road as a perimeter road.

• An independent static water supply of 10,000 litres for fire fighting purposes should

be provided on individual properties within the Bushfire Management Overlay as

required under Clause 53.02 of the Golden Plains Planning Scheme.

• Utilise Teesdale – Inverleigh Road as a perimeter road to provide protection from the

grassland to the west.

• Provide a separation of 19m from the grassland to the west and south to achieve a

bushfire attack level rating of BAL12.5 for dwellings. The form of separation along the

Leigh River and its escarpment will depend on the nature of future development. A

larger separation may be required to achieve a bushfire attack level of BAL12.5 if the

escarpment were to form part of unmanaged open space.



Future Investigation Area (Potential Growth Areas 6) – Planning and Design Bushfire

Responses Required:



developed land.


sealed roads and fully constructed egress to the Hamilton Highway.

• Mahers Road and Bourke Road to the west form the critical grassfire interface for the

Inverleigh Township and are perimeter roads for the protection of development both

the potential growth area and the wider township.

• Provide separation of 19m from the grassland is required to achieve a bushfire attack


managed gardens with the setback area of the dwellings.




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Township Growth Area (Potential Growth Areas 5) – Planning and Design Bushfire

Responses Required:




• Utilise Riverview Road, River Road and Weatherboard Road as perimeter roads to

provide protection to residential development from grassland areas to the west and

south.




Potential Growth Areas 4 – Planning and Design Bushfire Responses Required:




• Utilise the Hamilton Highway, unnamed road south of Hope Plains Road (subject to

biodiversity considerations) and the road parallel to the south side of the railway line

as a perimeter roads to provide protection to residential development from grassland

areas to the north, east and south.





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8. Conclusion

I have reviewed Amendment C87gpla to the Golden Plains Planning Scheme including the

Inverleigh Structure Plan 2019 and the Strategic Bushfire Risk Assessment for the Inverleigh

Structure Plan 2018 and assessed the bushfire risk to the Inverleigh Township including the

potential development areas identified in the Inverleigh Structure Plan 2019.

The bushfire risk to the Inverleigh Township and potential development areas in the Inverleigh

Structure Plan 2019 are from a bushfire within the Inverleigh Flora and Fauna Reserve and

from a grassfire approaching from the north west or south west. The bushfire risk can be

mitigated to an acceptable level through an interface treatment between the bushfire hazard

and the township / residential development.

In my opinion, Amendment C87gpla is consistent with state planning policy in relation to

bushfire planning as expressed in Clause 13.02-1S of the Golden Plains Planning Scheme

subject to appropriate bushfire mitigation measures. A number of changes should be made

to the Inverleigh Structure Plan 2019, particularly in relation to the “planning and design

bushfire responses required” in Section 7 to clarify and strengthen the bushfire mitigation

measures.

There are no issues raised in the submissions received which from a bushfire perspective would

warrant Amendment C87gpla not proceeding.


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Appendix A

Name and Address

Philip Daniel Walton

Principal XWB Consulting, Town Planning and Bushfire Consultants

53 Cardinia Street, Berwick 3806

Qualifications

• Bachelor Applied Science (Planning) 1989 (RMIT University)

• Graduate Diploma Business 1995 (Monash University)

• Graduate Certificate Bushfire Planning and Management 2016 (Melbourne University)

• Accredited Bushfire Planning and Design Practitioner – Fire Protection Association of

Australia.

Professional Experience

• 2016 - current: Principal, XWB Consulting, Town Planning and Bushfire Consultants

• 2016 – current: Casual Community Bushfire Engagement Officer, Country Fire

Authority

• 2006 – 2016: General Manager Planning and Development, Cardinia Shire Council

• 2001 – 2006: Manager Strategic Planning, Cardinia Shire Council

• 1995 – 2001: Manager Planning, Building and Environment, Cardinia Shire Council

• 1989 – 1995: Statutory and Strategic Planner, City of Berwick / Casey

Voluntary Experience

• 1997 – current: Firefighter Country Fire Authority.

Professional Affiliations

• Member Planning Institute of Australia

• Member Victorian Planning and Environmental Law Association

• Member Fire Protection Association of Australia


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Area of Expertise

• Bushfire Assessments

• Town Planning

Expertise to Prepare this Report

Professional qualifications and extensive experience in undertaking bushfire assessments and

town planning.

I have prepared over 120 bushfire assessments for various developments including dwellings,

subdivisions and other development.

I have over 20 years’ experience a firefighter, having attained numerous competencies in

relation to bushfire behaviour and suppression and I am currently accredited as a bushfire

crew leader.

Facts, Matters and Assumptions Relied Upon

I have relied upon the documents set out below in the preparation of this report.

• Amendment C87gpla to the Golden Plains Planning Scheme.

• Inverleigh Structure Plan 2019.

• Strategic Bushfire Risk Assessment for the Inverleigh Structure Plan 2018.

• Council summary of bushfire issues raised in submissions received.

• Golden Plains Planning Scheme.


Victoria 2019)


Victoria 2018)

• AS3959-2018 Construction of Buildings in Bushfire Prone Areas.

• Technical Guide Planning Permit Applications in a Bushfire Management Overlay.

(DELWP 2017)

• Planning Practice Note 64 Local Planning for Bushfire (DELWP 2015).

• Nearmap and Land Victoria aerial photography.

• Email from Parks Victoria to Golden Plains Shire Council 20 November 2019.

• Submission from the Country Fire Authority to Amendment C87gpla.


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Identity of Persons Undertaking the Work

Philip Walton

I have made all the enquiries that I believe are desirable and appropriate, and that no matters

of significance which I regard as relevant have to my knowledge been withheld from the

Tribunal.

Philip Walton XWB Consulting


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Appendix A – Inverleigh Structure Plan 2005


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Appendix B- Inverleigh Structure Plan 2019

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