Amendment C108 - Extension of the Diamond Creek Trail (to Hurstbridge)

Amendment C108 is an amendment to the Nillumbik Planning Scheme which facilitates future extension of the Diamond Creek Trail from Diamond Creek to Hurstbridge, particularly by facilitating land acquisition which is required to align the extension along the creek. The Amendment was gazetted on 14 December 2017 and therefore, is now finished.

Recent Steps 

On 29 August 2017, Council resolved to adopt the exhibited Amendment with changes and to request the Minister for Planning approve the adopted Amendment. The changes principally reduce the exhibited application of the Public Acquisition Overlay: Schedule 4 (PAO4) at five properties, particularly at 86 Wilson Road and 65-135 Wilson Road Wattle Glen. Council made its decision on receiving an officer report which:

  • Summarised and considered the recommendations of an independent Planning Panel which reviewed the exhibited Amendment in late 2016. In its report the Panel recommends the exhibited Amendment be adopted subject to modifications.
  • On considering the Panel report and other matters, recommended modifications to the exhibited Amendment and particularly recommended reductions to the exhibited application of the PAO4.

A copy of the officer report on the Amendment and the relevant minutes (including Council’s resolution) are available on Council’s website here:

http://www.nillumbik.vic.gov.au/Council/Minutes-and-agendas (click on the entry for 29 August 2017)

The Minister for Planning approved Amendment C108 on November 16 November 2017 and the Amendment was gazetted on 14 December 2017. The Amendment is now complete.

Overview 

The Amendment will 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 (November 2017) 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:

  • Applies 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
  • Amends the schedule to Clause 61.03 to update the maps comprising part of the scheme  
  • Amends 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)
  • Amends the Schedules to Clause 52.03 and Clause 81.01 to incorporate the Diamond Creek Trail Extension (Diamond Creek to Hurstbridge) – Incorporated Document (November 2017) into the Nillumbik Planning Scheme.

The report of the independent planning panel which considered Amendment C108 is provided below and a copy of the gazetted Amendment is available on the Victorian State Government website.

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