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Rural Activity Zone Frequently Asked Questions.The farming zone was introduced in Baw Baw Shire in March 2006 through an amendment to the Baw Baw Planning Scheme By Baw Baw Shire Council - 19th April 2007 - Back to News undertaken by the Minister for Planning, as part of a statewide State Government initiative to introduce the new rural zones to all rural area planning schemes. However, the Ministerial process involved in rezoning this land did not include an assessment of the implications the farming zone provisions would have on residents and achieving council's strategic objectives.
The farming zone focuses primarily on allowing agriculture and agricultural production uses, to the exclusion of some other potential uses, including many tourism related uses. This has the potential to undermine the development of the tourism industry in the shire as well as limiting opportunities to provide for uses that cannot readily be accommodated in the farming zone or urban zones. The Rural Activity Zone is intended to provide flexibility to allow a broader range of uses in some rural areas of the shire.
My farm is in an area which council is proposing to rezone to the rural activity zone, what does that mean to my business?
There is no change to the agricultural uses of your land under the farming zone. There are a greater number of uses permitted under the rural activity zone, which includes tourist accommodation, convenience shops, landscape gardening supplies, primary produce, hotel, restaurant and tavern.
All industries other than rural industry are not permitted.
What if I want to put a house on a section of my property?
Under the farming zone, you can place houses on lots of over 40ha without a permit and properties under 40ha are subject to a permit. Where a permit is required, you must demonstrate that the house is required for the operation of agricultural activity on the land.
In the rural activity zone a permit for a house is required on any size lot, but no association is necessary with the operation of agricultural activity on the land.
I’d like to subdivide my land in the new activity zone, can I?
The requirements under the farming zone and rural activity zone are the same. The lot sizes must be a minimum of 40ha. A key difference is that smaller lots are allowed provided no more lots are created than if the lot sizes were 40ha. For example if you wanted to create two lots, one 30ha and one 50ha, this would be allowed under the rural activity zone because there are still only two lots created with a total of 80ha of land.
I own two properties next to each other and I’d like to re-subdivide.
As in the farming zone, the rural activity zone allows re-subdivision providing that no additional lot is created. Therefore if you would like to move the boundary between your 20 ha property and 30 ha property to 40ha and 10ha you are allowed under both zonings.
What about if I want to excise a house on my property?
Under the rural activity zone, excision of a house is only allowed where the balance lot is at least 40ha. As with the farming zone a 173 agreement is required on each lot to prohibit further excisions.
Unlike the farming zone, a house is allowed on the balance lot, subject to a planning permit.
Source: http://gippsland.com/ Published by: news@gippsland.com
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