FAQs

The SLO is an overlay in the Mitchell Planning Scheme. The purpose of the SLO is to identify, conserve and enhance the character of significant landscapes.

The SLO can specify requirements for a planning permit for buildings and works and the removal of vegetation.

Mitchell Shire currently has two areas covered by the SLO, the south side of the Trawool Valley and Kilmore’s Monument Hill and Kilmore Creek corridor (partly). 

No. The SLO cannot prohibit development or change how land is currently being used.

New planning overlays cannot require removal or retrospective planning approval of existing buildings.

This will allow Council to assess new proposals in more detail once the SLO has been applied. This stage of the Landscape Assessment Study is nominating SLO boundaries and planning provisions. The boundaries and planning provisions are not final.

Draft SLO provisions propose to exclude the following buildings and works from requiring a planning permit:

• Water tanks
• Open sided agricultural buildings
• Agricultural sheds smaller the 150 square metres
• Post and wire fences

Any other buildings and works under the SLO requires a Planning Permit, including dwellings, larger sheds and solid fences.

Full copies of draft SLO provisions which detail planning permit inclusions and exclusions are available on the project website.

The community has told us that landscape amenity is important. As the municipality grows, development pressure will be placed on this amenity and current planning policy provides limited protection of significant landscapes.

This Study has sought to identify the significant landscapes across Mitchell that require planning policy. This would inform the potential application of a Significant Landscape Overlay (SLO) over the most valued landscape areas, subject to a Planning Scheme Amendment process.

It’s acknowledged that farming has played and will continue to play an important role in land management and rural amenity. The SLO isn’t a planning tool that stops farming.

Volumes 1, 2 and 3 of the LAS were placed on community consultation at different periods between February 2021 and April 2024.

Over the three stages of development of the LAS Council:

• Received 112 submissions
• Directly notified 1,388 affected properties via mail
• Conducted 16 community drop-in sessions with approximately 140 attendees across all sessions
• Advertised the project in the McIvor Times, North Central Review and Seymour Telegraph
• All information was made available online and at all Council Customer and Library Service Centres

A Consultation Summary Report providing an overview of all consultation activities conducted and submissions received throughout preparation of the LAS is available on the project website

Removal of native vegetation regrowth is critical for fire safety, grazing and cropping. The SLO will not prohibit the removal of native vegetation regrowth.

This is not stated in the SLO as Clause 52.17 (Native Vegetation) of the Mitchell Planning Scheme exempts requiring a planning permit for native vegetation regrowth that is less than 10 years old. State Government does not allow for these provisions to be duplicated in other areas of the Mitchell Planning Scheme.

This policy is located in the table of exemptions at Clause 52.17-7 under regrowth. The relevant policy is reproduced below:

• The requirement to obtain a permit does not apply to:
• Native vegetation that is to be removed, destroyed or lopped that has naturally established or regenerated on land lawfully cleared of naturally established native vegetation, and is less than 10 years old.

Clause 52.17 also provides exemptions for native vegetation removal that may impact fences, safety and fire protection.

The SLO triggers a planning permit for buildings and works. The SLO does not require a planning permit for grazing, cropping and other ongoing agricultural land uses which are allowed as of right under the Farming Zone.

In response to submissions and concerns raised at community drop-in sessions SLO provisions have been drafted to minimise impacts on farming operations. It is proposed to exempt the following buildings and works from requiring a planning permit:

• Agricultural buildings up to 200 square metres
• Farm access tracks
• Post and wire fences, solid fencing below 1 metre in height and livestock yard fencing
• Water tanks
• Open sided agricultural structures

New dwellings and larger sheds will require a planning permit under the proposed SLO.

A Council Officer report recommending endorsement of the Landscape Assessment Study is scheduled for the Ordinary Council Meeting on Monday, 19 August, 2024. All submitters will be directly notified of the Council Meeting once this date is confirmed and of Council's decision after.

If Council resolves to adopt and implement the Landscape Assessment Study a Planning Scheme Amendment will be required. This process includes an Independent review and Panel Hearing for any submissions received.