Amendment C145 – 28 and Part 63 Yarragon-Leongatha Road Yarragon

Baw Baw Shire Council has prepared on behalf of Millar Merrigan the exhibition of an application under S.96A of the Planning & Environment Act 1987.  

This means that a planning scheme amendment and planning permit have been submitted together for approval at the same time.   

After release of the Independent Planning Panel Report in January 2023, the Council Meeting on 22 February 2023 determined to refer the amendment to the Minister for Planning.  Following Ministerial assessment, the amendment was gazetted on 15 June 2023 and permit issued to the proponent within the prescribed 7 days.

The Public Notice can be found here.

What does the amendment do? 

The Amendment proposes to rezone the affected land from Farming Zone to the Neighbourhood Residential Zone and introduce Schedule 1 of this Zone. The Amendment also incorporates Schedule 356 to the Heritage Overlay. 

  • C145bawb is the planning scheme amendment and would alter the planning zone and add a heritage schedule for the Deloraine homestead. 

  • PLA0262/21 is the planning permit that would allow for a multi-staged subdivision and removal of native vegetation.   

Use the tabs below to find out more about the Amendment.

What are the changes to the planning scheme?

The Baw Baw Planning Scheme will be amended to:  
  • Amend Map 38 to apply the Neighbourhood Residential Zone, Schedule 1 to 28 and Part 63 Yarragon Leongatha Road, Yarragon;   
  • Insert Clause 32.09 Neighbourhood Residential Zone into the Baw Baw Planning Scheme; 
  • Insert Schedule 1 to Clause 32.09 Neighbourhood Residential Zone into the Baw Baw Planning Scheme; 
  • Amend Map 38HO to include the dwelling located on Part 63 Yarragon Leongatha Road, Yarragon;  
  • Amend the Schedule to Clause 43.01 Heritage Overlay to include Deloraine Homestead as PS map reference 356;   
  • Amend the Schedule to Clause 72.04 Documents Incorporated Into This Planning Scheme to include Deloraine Homestead Statement Of Significance. 

What does the planning application involve?

The planning application includes a staged, multi-lot subdivision and removal of native vegetation. 

What is being proposed?

The application was considered at the same time as the planning scheme amendment to allow for the best possible outcome for the community for Yarragon and to ensure that the rezoning of the land was compatible with any plans for development.  

The development proposes: 

  • 304 residential sized lots, 
  • One super-lot (earmarked for an aged care facility or lifestyle development), 
  • Two major drainage assets,  
  • Scattered public parks throughout, 
  • The protection and preservation of locally heritage significant Deloraine homestead, 
  • Design Guidelines for new homes to protect the rural township character of Yarragon. 

The drainage assets are perhaps the biggest attribute to this proposal and will significantly reduce and divert flooding from properties on Campbell Street, Market Street, Murray Street, Burnett Street and lots fronting Princes Highway. 

Planning Panel

Panel hearing 

The amendment had been exhibited for community input.  Twenty-two submissions have been received and referred to an independent planning panel. The Panel will hear from the proponent, Council and a portion of submitters who requested to be heard.  

The Panel Hearing was held at the West Gippsland Arts Centre on 9 and 10 November 2022.

Panel Report

The Panel Report was received on 24 January 2023. The Panel Report can be accessed here.(PDF, 2MB)

The Panel Report is available for inspection, free of charge, at the front desk of the Shire office at 33 Young Street, Drouin, during the regular office hours.

Council will make its final decision about the amendment at a future Council Meeting.

C145 Update

At the Council meeting Wednesday 22 February 2023, Council received the officer report for Planning Scheme Amendment C145bawb.  At this meeting Council made the following resolution; 

1. Having considered the Planning Panel Report (Attachment 1) in respect of Amendment C145bawb under Section 27(1) of the Planning and Environment Act 1987, adopts Amendment C145bawb in accordance with Section 29(1) of the Planning and Environment Act 1987, as set out in the Amendment C145bawb documentation attached as Attachments 2a & 2b to this report;  

2. Having considered the Planning Panel Report (Attachment 1) in respect of Planning Permit PLA0262/21 under Section 96F of the Planning and Environment Act 1987, determines to recommend to the Minister for Planning that planning permit PLA0262/21 be granted in accordance with Section 96G of the Planning and Environment Act 1987, with the changes set out in Attachment 3 to this report and attached in clean form as Attachment 4 to this report;  

3. Authorise officers to submit the adopted Amendment C145bawb documentation as set out in Attachments 2a & 2b to this report to the Minister for Planning for approval, in accordance with Section 31(1) of the Planning and Environment Act 1987; 4. Authorise officers to submit the information prescribed under Section 31(1) of the Planning and Environment Act 1987 with the adopted Amendment;  

5. Authorise officers to submit the recommendation to approve planning permit PLA0262/21 and the proposed planning permit as shown in Attachments 3 and 4 to the Minister for Planning in accordance with Section 96H (1) of the Planning and Environment Act 1987; and  

6. Advise all submitters to Amendment C145bawb of Council's decision. 

C145 Amendment Documents

C145 Additional Information

Planning Report(PDF, 6MB)
Stormwater Assessment(PDF, 9MB)
Traffic Impact Assessment(PDF, 3MB)
Habitat Hectares Assessment and Offset Requirement(PDF, 8MB)
Native Vegetation Assessment Addendum Report(PDF, 8MB)
Field Inspection into Potential Warragul Burrowing Crayfish(PDF, 2MB)
Residential Assessment Report(PDF, 1MB)
Residential Development Net Community Benefit Assessment(PDF, 217KB)
Site Investigation into contamination(PDF, 48MB)
Proposed Conceptual Masterplan(PDF, 124MB)

Contact Us

For information about the Amendment process and next steps, please contact Council's Strategic Planning Team on 1300 229 229 or email strategic.planning@bawbawshire.vic.gov.au referencing Amendment C145. 
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