C108 - Diamond Creek Trail extension

Amendment C108 is an amendment to the Nillumbik Planning Scheme which involves the acquisition of land for the proposed extension of the Diamond Creek Trail from Diamond Creek to Hurstbridge. 

The amendment has been publicly exhibited and submissions to the amendment have been considered by an independent Planning Panel. The report by the Planning Panel is in Related Information at the bottom of the page. 

Overview 

The Amendment proposes to enable future development and use of a public shared recreation trail for cyclists, pedestrians and horse-riders between Diamond Creek and Hurstbridge by:

  • Applying the Public Acquisition Overlay Schedule 4 (PAO4) to land which Nillumbik Shire Council wishes to acquire for the trail; and  
  • Inserting a new Incorporated Document titled Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) – Incorporated Document (May 2016) into the Nillumbik Planning Scheme, which will exempt use and development associated with the trail project from the need for a planning permit, subject to conditions.

Specifically, the amendment proposes to:

  • Apply the Public Acquisition Overlay: Schedule 4 (PAO4) to part of each of the following 12 properties:
  • 142 Broadgully Road, Diamond Creek
  • 185 Main-Hurstbridge Road, Diamond Creek
  • 22 Herberts Lane, Diamond Creek
  • 201 Main-Hurstbridge Road, Diamond Creek
  • 203 Main-Hurstbridge Road, Diamond Creek
  • 86 Wilson Road, Wattle Glen
  • 26 Herberts Lane, Diamond Creek
  • 65-135 Wilson Road, Wattle Glen
  • 673 Heidelberg-Kinglake Road, Hurstbridge
  • 687 Heidelberg-Kinglake Road, Hurstbridge
  • 675-685 Heidelberg-Kinglake Road, Hurstbridge
  • 1 Mary Place, Hurstbridge
  • Amend the schedule to Clause 61.03 to update the maps comprising part of the scheme  
  • Amend the Schedule to Clause 45.01 Public Acquisition Overlay to make the Nillumbik Shire Council the acquiring authority for PAO4 applying to the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge)
  • Amend the Schedules to Clause 52.03 and Clause 81.01 to incorporate the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) – Incorporated Document (May 2016) into the Nillumbik Planning Scheme.

The amendment documents and supporting documents, including the explanatory report for the amendment, are provided at the bottom of the page.  

Recent, Current and Future Steps

  1. The amendment was placed on public exhibition from 28 July to 29 August 2016  
  2. Council’s Policy and Services Committee (acting under delegation from Council) considered submissions to the Amendment on 6 September 2016 and resolved to:  
    • Receive and note the issues raised by submitters.  
    • Request the Minister for Planning appoint an independent Planning Panel to hear submissions relating to Amendment C108 to the Nillumbik Planning Scheme.  
    • Refer all current submissions, and any late submissions received up until five days before the date of the Directions Hearing, to the Panel.  
    • Provide a submission to the Panel which generally supports the amendment as exhibited.  
    • Receive a further report on the amendment, following the consideration of the Panel and the issuing of its recommendations.  
    • Advise the following parties of this resolution:  
      • All submitters to Amendment C108,
      • All owners of land to which Amendment C108 proposes to apply the PAO.

The Panel Hearing was held from 28 November to 1 December 2016, at the Civic Centre. The independent Planning Panel has released its report below. Council must now formally consider the Panel report at a time to be determined.

If you have any queries regarding this amendment, contact Paul Fyffe, Senior Strategic Planner on 9433 3218 or paul.fyffe@nillumbik.vic.gov.au