A group of Daylesford residents have raised concerns about a proposed new planning control as part of the Hepburn Planning Scheme Review, which they believe strips them of their development and land use rights.
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Residents who live near the Daylesford Transfer Station on Ajax Road have raised concerns about a proposed planning control through amendment c80hepb, called the design and development overlay 06 or DD06.
While Hepburn Shire Council says the planning control - which would effectively create a 500-metre buffer zone around the facility - is being put in place to limit residential development and subdivision around the facility, residents strongly disagree.
They have formed a group, called the Residents impacted by DDO6, which has about 60 people on its mailing list.
Resident Helen Tobias said those within the zone were concerned about two things: losing their development and land use rights on their own land.
The planning amendment prevents the construction of new homes within the 500-metre zone, while it also requires permits for subdivision, which would only be possible on a minimum of 1 hectare.
"The DDO says its intent is to limit development but it actually prohibits development," Ms Tobias said.
"Anyone who's living within 500-meters of the waste management facility in Ajax Road cannot build on their land."
She said this not only meant people with existing vacant blocks couldn't build on them, but that if an existing house was severely damaged in an accident or bushfire, they wouldn't be able to rebuild it.
"If there was an accident and your house was severely damaged, you can't rebuild. So that leaves you with a block of land that has a damaged house on it, and no right to rebuild, no right to knock it down and replace it with a new home.
"That would leave you in financial disaster, with a block of land that you can't live on or sell - because who would buy a block of land you can't build on?"
Ms Tobias said even though subdivisions could be applied for, the property owner wouldn't be able to build on the land anyway.
Other changes include requiring a permit to construct a fence - which would need to be solid or 50 per cent transparent and a minimum height of 1.5 metres with screen landscaping.
Constructing a balcony or other private space would also not be allowed on properties in the buffer zone. Ms Tobias said this was not in keeping with the area.
While a flyer distributed by the council says the overlay would be in place "to minimise land use impacts until a new Waste Management Strategy can be prepared", there is no timeframe for when this would be.
The residents are concerned the overlay could have a dire long term financial impact on property owners, with the possibility that it could not only devalue properties, but also deter potential buyers.
They feel the council failed to properly communicate the details of the overlay, which is exceptionally difficult to find and is buried among dozens of other documents online.
They are now trying to raise awareness of the significant implications the overlay would have, by sharing the information and encouraging people to make submissions before the process closes next Friday.
It is understood councillors could move a motion which would see the overlay abandoned.
"That is our goal - we want councillors to move a motion that it be abandoned from the amendment. That would be a good outcome," Ms Tobias said.
A council spokesperson said the intention of the overlay was to "limit the intensification of residential development in close proximity to the site which includes the transfer station and closed landfill."
The spokesperson said it could not be "directly assumed that DDO6 would cause a decline in property values".
"Any fluctuation in values may be attributed to a range of factors and may take many years to emerge."
They said in order to limit residential growth around the transfer station, council was seeking to discourage new homes and subdivisions.
The circumstances of allowing replacement buildings in the event of a bushfire in the DDO6 area will be discussed at the September Council meeting
- A Hepburn Shire Council spokesperson
"The circumstances of allowing replacement buildings in the event of a bushfire in the DDO6 area will be discussed at the September Council meeting," they said.
"At the conclusion of the exhibition period for the amendment Council will consider all submissions and determine whether to refer submissions to an independent panel or discontinue all or parts of the amendment."
The council spokesperson also said the council does not have any plans to extend the transfer station.
The buffer zone is part of Clause 53:10, a statewide provision which came into effect in May 2020 for all Victorian planning schemes.
For transfer stations accepting organic waste, it requires a 500-metre buffer zone.
The amendment can be viewed on the DELWP website, while submissions can be addressed to Hepburn Shire Council.
The council is accepting submissions until August 28.
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