Planning and Environment Act 1987
Kingston PLANNING SCHEME
AMENDMENT C161
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by the Kingston City Council, which is the planning authority for this amendment.
The Amendment has been made at the request of the Hawthorn Football Club.
Land affected by the Amendment
The Amendment applies to approximately 27.69 hectares of land along Tootal Road, Dingley Village (known as Lot 1 Grange Road, and 370-440 Old Dandenong Road, Dingley Village) as shown on the plan below. The site is the northern part of the former Din San Nursery.
The Site comprises six (6) parcels of land and part of a further three (3) parcels of land being Volume 8077 Folio 174; Volume 8163 Folio 419; Volume 8523 Folio 416; Volume 8523 Folio 416; Volume 2983 Folio 481; Volume 8248 Folio 226; and the northern portion of Volume 8713 Folio 097; northern portion of Volume 10316 Folio 734; and the northern portion of Volume 8452 Folio 805.
What the amendment does
The Amendment seeks to insert a new Incorporated Document titled ‘Hawthorn Football Club – Function Centre and Signage Controls’ into the Schedule to Clauses 52.03 and Clause 81.01 of the Kingston Planning Scheme. This Incorporated Document allows for:
· A planning permit for a function centre with greater than 150 patrons to be applied for.
· Outdoor advertising signage associated with the proposed Hawthorn Football Club Training and Administrative Facility to an extent beyond that currently permitted under Clause 35.04-7 of the Green Wedge Zone (Schedule 2). The incorporated document requires an advertising sign master plan to be submitted to Council prior to the display of signage on the site.
Strategic Assessment of the Amendment
Why is the Amendment required?
The Amendment is required to allow for the discretion to consider a greater capacity for the proposed function centre and a greater extent of signage associated with the proposed Hawthorn Football Club Training and Administrative Facility than the Green Wedge Zone (Schedule 2) currently allows.
Schedule 2 of the Green Wedge Zone and Clause 57 (Metropolitan Green Wedge Land) limits the capacity of a function room to be used in conjunction with an outdoor recreation facility to a maximum of 150 patrons present at any one time. The Amendment seeks to allow for occasional events to be undertaken with a function centre capacity exceeding 150 patrons in association with the outdoor recreation use.
The Green Wedge Zone (Schedule 2) also has limitations on promotional signage (2 square metres) and the proposed facility requires promotional signage to support its operations. The amendment will allow for the responsible authority to consider a greater extent of signage subject to the requirements of the Incorporated Plan.
A separate planning permit process is currently underway which seeks approval to use and develop the land for a minor sports and recreation facility (Hawthorn Football Club Training and Administrative Facility), a function centre and to subdivide the land. The proposed incorporated document is linked to the approval of the planning permit application and the Amendment will not proceed in the event that the planning permit is not granted or is withdrawn.
How does the Amendment implement the objectives of planning in Victoria?
The Amendment implements the objectives of planning in Victoria by supporting an outdoor recreation facility to be established on a former landfill site in the Green Wedge Zone in Kingston.
This is consistent with the long held strategic objectives for the South East Green Wedge area and is consistent with the objective 1(a) in providing for the fair, orderly, economic and sustainable use and development of land.
How does the Amendment address any environmental, social and economic effects?
The Amendment will assist in facilitating a proposal for the Hawthorn Football Club to establish a training and administration facility in Dingley. Positive environmental, social and economic effects associated with the proposal include:
· Environmental improvements through the rehabilitation of a former landfill site, including new landscaping.
· Social benefits by facilitating community use of elements of the proposed sporting and recreation facilities.
· Economic benefits through the employment and investment generated by the facility.
Does the Amendment address relevant bushfire risk?
The subject site is not affected by the Bushfire Management Overlay (BMO) however it is recognised that a risk of grassfire in a Green Wedge environment is present. The facility, including grassed sporting grounds and associated landscaping, will be maintained and managed and there is a dedicated water supply provided on site.
Does the Amendment comply with the requirements of any Minister’s Direction applicable to the amendment?
The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes and Direction 11 Strategic Assessment of Amendments under Section 7(5) and 12 (2) (a) of the Planning and Environment Act 1987.
How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy?
The amendment is consistent with Clause 11.04-7 Green Wedges of the State Planning Policy Framework in facilitating a use and development located in the green wedge that will provide for environmental, economic and social benefits.
How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?
The Local Planning Policy Framework (LPPF) is supportive of the proposed use and development of the site, located within a Green Wedge Area, for ‘Leisure and Recreation’, that includes ‘Minor Sports and Recreation Facility’ and ‘Outdoor Recreation Facility’.
At Clause 21.10 ‘Green Wedge’, Kingston’s Green Wedge land is earmarked as a location for a range of uses including active and passive recreation facilities. Strategies include promoting the use of landfill sites for open space and recreation facilities. The amendment assists in facilitating such a use and development.
At Clause 21.11 ‘Open Space’, an objective is to promote a diverse range of social and recreational opportunities which provide for the changing leisure needs of the municipality’s current and future populations. This includes encouraging the development of ‘multi-use’ open space facilities.
Clause 22.04 South East Non Urban Area Policy seeks to encourage activities which are consistent with the function and character of the non urban area including sports fields.
The amendment will assist in facilitating a use and development that is consistent with the overall vision outlined in the Local Planning Policy Framework.
Does the Amendment make proper use of the Victoria Planning Provisions?
The Amendment makes proper use of the Victoria Planning Provisions by utilising Clause 52.03 to allow for a land use and development outcome that would otherwise be restricted or prohibited.
It also makes proper use of Clause 81.01 to incorporate the document ‘Hawthorn Football Club Training and Administrative Facility - Function Centre and Signage Controls, Tootal Road Dingley Village’ into the Kingston Planning Scheme.
How does the Amendment address the views of any relevant agency?
The exhibition of this Amendment will provide a formal opportunity for all relevant stakeholders to provide comment on the proposal. Furthermore, relevant referral authorities will be consulted through planning permit application(s) for the use and development of the land.
Does the Amendment address relevant requirements of the Transport Integration Act 2010?
The Amendment complies with the relevant requirements of the Transport Integration Act, specifically Part 2, Division 2, 11 – Integration of transport and land use.
Resource and administrative costs
· What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?
The Amendment is not expected to have any impact on the resource and administrative costs of the responsible authority as any future approvals required will be limited to discrete considerations for a specific site.
Where you may inspect this Amendment
The Amendment is available for public inspection, free of charge, during office hours at the following places:
Kingston City Council
1230 Nepean Highway
Cheltenham VIC 3192
Customer Service Centre
1 Chelsea Road
Chelsea VIC 3196
http://www.kingston.vic.gov.au
The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.
Submissions
Any person who may be affected by the Amendment may make a submission to the planning authority. Submissions about the Amendment must be received by 22 April 2016.
A submission must be sent to: Kingston City Council, PO Box 1000, Mentone, VIC 3194 quoting Amendment C161.
Panel hearing dates
In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing dates have been set for this amendment:
· directions hearing: week commencing 25 July 2016
· panel hearing: week commencing 15 August 2016