Amendment C112mild - Minor Changes to DCPs 01 02 & 03

Current Status

Amendment  C112mild was formally approved by the Minister for Planning on 27 August 2021, via a notice placed in the Victorian Government Gazette (gazettal). 

Background

Mildura Planning Scheme Amendment C112mild seeks Minor Changes to Development Contributions Plans (DCPs) 01 02 & 03 which corresponds to the areas of Mildura South, Irymple and Nichols Point.  

What is a Development Contibution Plan (DCP) and How Might it Affect my Land?

The three Development Contribution Plans (DCP) in the Mildura Planning Scheme were prepared between 2005 and 2007 to ensure levies are collected from the private development proposed in line with the vision for the expansion of Mildura. These levies are directed to help fund the necessary  public infrastructure upon which in particular, the development of subdivisions and housing will rely. The provision of this infrastructure is currently  linked to a forecast population and demand growth established at the time and the DCP specifies a specific date by which time each individual infrastructure project must be delivered, based on the growth forecast as to when it was anticipated to be required. All three DCPs have however, been affected by a slower rate of levy collection linked to a lower population growth than expected, in conjunction with the original possibly optimistic development forecasts. Analysis undertaken by consultants SGS commissioned in 2017 found that the level of development projected by the DCP for Mildura South would have equated to 3,611 dwellings constructed by 2016. The actual level of development in 2016 equated to 1,623 dwellings.

What this means is that infrastructure is currently specified in the DCP to be constructed ahead of when it actually necessary, with both a significant cost impact and resource and implementation issue for Council. Newer DCPs prepared elsewhere instead now include a trigger mechanism determining the threshold when the infrastructure will be needed, which is in turn required to be reached before the individual project will be delivered. The amendment proposes this simple change to all Mildura DCPs to replace the delivery date specified with the demand trigger already identified in the existing DCPs. In this way, the proposed amendment makes no change to the outcomes to be delivered by the DCPs or the costs involved. It only ensures the infrastructure will be provided as it is needed.

Similarly for Irymple and Nichols Point which are included in DCP No2, although in the case of Nichols Point,  changes were made by the Minister for Planning, with the introduction of VC Amendment 100 in 2013, which reduced the minimum lot size for the Low Density Residential Zone (LDRZ) then applying to Nichols Point. The development yield was consequently doubled, rendering the prescribed projects, including principally drainage, not fit for purpose and thereby invalidating both the Development Plan from 2007 and the existing DCP. The resulting key change with implication for the DCP relates to the costs for the revised increased requirements included in the subsequent new draft development plan to accommodate the increased development yield. These are reflected only in the integrated provision of stormwater drainage and open space included in the proposed amendment and are relevant for the Nichols Point Neighbourhood Zone area only.

What does Amendment C112mild - Minor Changes to Mildura Development Contributions Plans (DCPs) 01 02 and 03 Propose?

The Mildura Rural City Council has prepared Amendment C112mild to the Mildura Planning Scheme.

The land affected by the amendment is:

  • The Amendment applies to all land in the Development Contributions Plan (DCP) Overlay 001, DCP Overlay 002 and DCP Overlay 003 which corresponds to the areas of Mildura South, Irymple and Nichols point.

The amendment proposes to:

  1. Replace the yearly infrastructure delivery schedule included in Schedule 1, Schedule 2 and Schedule 3 of the Development Contributions Plan Overlay (DCPO) in the Mildura Planning Scheme with a demand trigger delivery schedule. To do so, the amendment updates the ‘Time of Provision’ column and the note below each Summary of Costs table at clauses 2.0 and 3.0 in schedule 1, schedule 2 and schedule 3 of Clause 45.06 (Development Contribution Plan Overlay) and amend Clause 72.04 to include the updated incorporated documents.

  2. Update the project cost and levies in Schedule 2 of the Development Contributions Plan Overlay (DCPO) arising from the State-wide low density reform introduced via Amendment VC100 in 2013 applying to Nichols Point. The costs are required to be revised only for existing projects DG030 (drainage) and OS030 (open space) which are removed and replaced with revised project costs for public open space and drainage in DG401, DG402 and DG403.

The contributions figures are revised to reflect implications arising from both the new capital costs for revised projects DG401, DG402 and DG403 and the revised demand implications from the increased development yield across all identified Nichols Point projects for Areas 40-67 inclusive.

Consultation Undertaken

The closing date for submissions to the exhibited amendment was Friday 5 March 2021.

An on-line public information session for residents to find out more about the proposed changes and speak to Council staff was held on Wednesday 10 February 2021.

You may inspect the amendment documents that support the amendment and the explanatory report about the amendment, as they were exhibited, on the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection. 

Time Line

Event

Time

Authorisation Requested

 3 September 2020

Amendment Authorised to be Prepared

 24 September 2020

Amendment Exhibited – Formal Public Comment Period

15 January 2021 - 5 March 2021 (Current)

Public Information Session

10 February 2020 (Online)

Submissions Considered and Adoption by Council

 

24 March 2021

Approval Requested from Minister for Planning

 

 1 April 2021
 Further information requested and provided to the Department  16 July 2021
Notice of intent to approve the amendment (with minor changes) 
received from Minister for Planning 
4 August 2021
Gazettal of the Amendment - Approved by the Minister for Planning via a Notice in the Victorian Government Gazette

 

27 August 2021

 

More Information

If you would like more information, or to discuss the amendment please contact Council's Strategic Planning Team on 03 5018 8100.