The Hepburn Shire Council has overturned a planning officer recommendation on a permit application for a dwelling at Dry Diggings in a 4-3 split decision amid concerns zoning provisions are being eroded.

The proposed development is at 4/4935 Midland Highway, on a heavily vegetated 2.35 hectare site on Wild Cat Creek on the northwest corner of Midland Highway and Richardsons Lane.

The land is located in a Farming Zone and subject to a Bushfire Management Overlay and an Environmental Significance Overlay. It abuts a Public Conservation and Resource Zone.

The Shire’s Strategic Planning Office had raised concerns that the application did not support agricultural land use and that continued fragmentation of Farming Zone land would lead to longer term food production and agricultural issues in the Shire.

However the council went ahead and narrowly passed an amended motion put by Cr Halliday to give notice of approval for the development with a number of conditions relating to wastewater, bushfire risk and environmental impact.

Councillors Simpson, Halliday, Bray and Drylie supported the amended motion. Councillors Hood, Hewitt and Henderson opposed the development.

Cr Halliday argued that the land was clearly not currently used as farming land and that clearing the land for farming would further destroy the existing biodiversity. She argued that the area was inappropriately zoned and should in future be rezoned as a rural living zone.

Cr Henderson argued for respect of the current zoning saying that the community overwhelmingly supported the retention of the current farming zones.

He also wondered why the council was bothering with the current Rural Strategy if it wasn’t going to take the zoning into consideration in assessing development applications.

From December, planning permits will not be required to build a small second home on a property.

As part of the state government’s recent Housing Statement, small second homes under 60 square metres, also known as granny flats, will no longer require a planning permit on properties 300 square metres or larger where there are no flooding or environmental overlays.

There will be no restrictions on how a small second home can be used – whether it’s keeping family members closer, providing temporary housing or being rented out for additional income.

Small second homes will still require a building permit, will need to meet ResCode (residential design code) setback and siting requirements and cannot be subdivided or separately sold off from the main home.