Planning and Environment Act 1987WYNDHAM PLANNINGSCHEME AMENDMENTC212EXPLANATORYREPORT

Who is the planningauthority?

This amendment has been prepared by the City of Wyndham who is theplanning authority for thisamendment.

The amendment has been made at the request of Ratio Consultants on behalf ofALDI Stores (A Limited Partnership).

Land affected by theamendment

The land affected by the amendment is the northern half of Leakes Road between Marquands and Palmers Roads, and the entire width of Leakes Road between Palmers Road and the Federation Trail within the Truganina Employment Precinct Structure Plan area.

What the amendmentdoes

TheamendmentamendsTable1:AppliedzoneprovisionsofSchedule2oftheUrban Growth Zone to include Leakes Road within the applied zone of Road Zone – Category2. Additionally, a new clause 2.3 is inserted in Schedule 2to clarify the operation of an applied zone.

Currently this portion ofLeakesRoadhasanappliedzoneofCommercial 2, which requires some uses to have access to a road in a road zone.Theamendmentis undertakeninordertoaccuratelyreflectthecurrentstatusofLeakesRoadasa Council arterial road, amend the applied zoning anomaly and improve the operation of the WyndhamPlanning Scheme. The amendment willalso facilitate the implementation of the Truganina Employment Precinct Structure Plan as well as local policies.

The amendment makes the following changes to the Wyndham PlanningScheme:

  • AmendsTable1:AppliedzoneprovisionstoSchedule2totheUrbanGrowthZoneto identify Leakes Road with the applied zone provision of Road Zone – Category2;
  • Corrects the clause number containing Table 1 from Clause 2.1 to 2.2; and
  • Inserts a new Clause 2.3 in Schedule 2 to clarify the operation of an applied zone.

Strategic assessment of theamendment Why is the amendmentrequired?

Leakes Road is identified as a Council arterial road(and future declared mainroad) within the Urban Growth Zone – Schedule 2 and in the Truganina Employment Precinct StructurePlan (December 2009).ThetimingofLeakesRoad becomingaVicRoads declared main roadiscurrentlyunknown,thereforethezoningofLeakes Roadshouldbeamendedto Road Zone Category 2 toreflectthecurrentroadhierarchyandlanduseasa Council arterial road.

TheplanningschemeamendmentisrequiredtoapplyRoadZoneCategory2toLeakes Road within the Truganina Employment Precinct PSP in order to accurately reflect theintended land use, the road hierarchy, amend the applied zoning anomaly, and improve theoperation of the Wyndham PlanningScheme.

Theplanningschemeamendmentwillalsofacilitatefutureplanningpermitapplicationsfor thelandadjacenttoLeakesRoadthatareseekinglandusesthatarepermissiblewithin their applied zone or generally in accordance with the PSP, but are required to beadjacent to or have access to a road in a roadzone.

How does the amendment implement the objectives of planning inVictoria?

The amendment will implement the following relevant objectives of planning inVictoria under section 4 of the Planning and Environment Act 1987 (the Act) asfollows:

(a)Toprovideforthefair,orderly,economicandsustainableuse,anddevelopmentof land.

(f)To facilitate development in accordance with the objectives set out in paragraphs(a), (b), (c), (d), and(e).

(g)to balance the present and future interests of allVictorians.

The amendment achieves the above objectives by amending the current zoning anomalyof LeakesRoadinordertoaccuratelyreflecttheexistinglanduseandtheroadhierarchyof the road as a Council arterialroad.

It will also assist in facilitating future planning applications for land adjacent to LeakesRoad thatareseekinglandusesthatarepermissiblewithintheirappliedzoneorgenerallyin accordancewiththePSP,butarerequiredtobeadjacenttoorhaveaccesstoaroadina roadzone.

How does the amendment address any environmental, social, andeconomic effects?

The amendment achieves positive environmental, social, and economic outcomesby amending and improving the operation of the Wyndham Planning Scheme to ensure thatthe mostappropriateplanningcontrolisinplaceinordertoaccuratelyreflecttheexistingland use and the hierarchy of LeakesRoad.

It also allows for future planning permit applications to be made for uses that are requiredto be adjacent to or have access to a road in a road zone.

Does the amendment address relevant bushfirerisk?

Theamendmentwillnotimpactonpotentialbushfireriskasthesiteisnotaffectedbythe Bushfire Management Overlay(BMO).

Does the amendment comply with the requirements of any Minister’sDirection applicable to theamendment?

The amendment is consistent with Ministerial Direction No. 11 Strategic Assessmentof Amendmentsundersection12ofthePlanningandEnvironmentAct1987.Thisreport addresses the requirements of Ministerial Direction No.11.

The amendment is consistent with the Ministerial Direction on the Form and Contentof Planning Schemes under section 7(5) of theAct.

How does the amendment support or implement the State PlanningPolicy Framework and any adopted Statepolicy?

The amendment supports the State Planning Policy Framework by achieving thegoal outlined at Clause 10.02 which is asfollows:

TheStatePlanningPolicyFrameworkseekstoensurethattheobjectivesofplanningin Victoria(assetoutinSection4ofthePlanningandEnvironmentAct1987)arefostered throughappropriatelanduseanddevelopmentplanningpoliciesandpracticeswhich integraterelevantenvironmental,social,andeconomicfactorsintheinterestsofnet community benefit and sustainabledevelopment.

It also adequately addresses Clause 18 Transport, of which the purposeis;

Planningshouldensureanintegratedandsustainabletransportsystemthatprovides access to social and economic opportunities, facilitates economic prosperity,contributes toenvironmentalsustainability,coordinatesreliablemovementsofpeopleandgoods, and is safe.

The amendment achieves the above by ensuring that Leakes Road is appropriately zonedin order to reflect its current land use and hierarchy and facilitate future planningpermit applicationsthatareseekingusesthatarerequiredtohaveaccesstoorbeadjacenttoa road in a roadzone.

HowdoestheamendmentsupportorimplementtheLocalPlanningPolicy Framework, and specifically the Municipal StrategicStatement?

The amendment implements the objectives found within Clause 21.01 and Clause 21.08 that seek to create new employment opportunities in the municipality in accordance with the PSP. The PSP identifies Leakes Road as a Council arterial road, and whilst thetimingofLeakesRoad becoming a declaredVicRoads arterial road is unknown, the applied zoning of RoadZone Category2totherelevantsectionoftheroadisrequiredinordertoreflectitscurrentland use and road hierarchy.

Does the amendment make proper use of the Victoria PlanningProvisions?

TheamendmentmakesproperuseoftheVictoriaPlanningProvisionsbyusingthemost appropriate tool to achieve the strategic objective at Clause 36.04 of the WyndhamPlanning Scheme by identifying under the schedule the applied zone provision of Road Zone Category 2 to LeakesRoad.

How does the amendment address the views of any relevantagency?

The views of relevant agencies are able to be considered through the exhibition process.

Does the amendment address relevant requirements of theTransport Integration Act2010?

The amendment applies the appropriate planning control to Leakes Road to accuratelyidentify its current land use and road hierarchy as a Council arterial road. The amendment will nothave an impact on the transport system as defined in Section 3 of the Transport Integration Act 2010.

Resource and administrativecosts

What impact will the new planning provisions have on the resourceand administrative costs of the responsibleauthority?

The planning provisions to be introduced in this amendment will not have asignificant impact on the resources and administrative costs of the responsibleauthority.

Where you may inspect thisAmendment.

Theamendmentisavailableforpublicinspection,freeofcharge,duringofficehoursat office of Wyndham City Council, 45 Princes Highway,Werribee.

TheamendmentcanalsobeinspectedfreeofchargeattheDepartmentofEnvironment, Land, Water and Planning website at