Planning and Environment Act 1987
BOROONDARA PLANNING SCHEME
AMENDMENT C230
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by the City of Boroondara, who is the planning authority for this amendment.
The Amendment has been made at the request of the City of Boroondara.
Land affected by the amendment
The amendment applies to:
· The Kew Junction Activity Centre as shown in Attachment 1.
· The Glenferrie Activity Centre as shown in Attachment 2, as well as 1 Bowen Street, 593-603 Glenferrie Road, 84 Hawthorn Grove, 1/2 and 2/2 Johnson Street, and 1, 3 and 5 Vicars Street, Hawthorn.
What the amendment does
The amendment gives effect to:
· The Kew Junction Structure Plan, 2009, which was updated on 28 December 2011.
· The Glenferrie: Heart of Hawthorn Structure Plan, 2010 and the Glenferrie: Heart of Hawthorn Structure Plan Implementation Plan, 2010 which were updated on 28 December 2011.
The amendment proposes to:
Municipal Strategic Statement (MSS)
· Amend Clause 21.05 ‘Heritage, Landscapes and Urban Character’, Clause 21.06 ‘Environment’, and Clause 21.07 ‘Residential Land Use’ to: recognise the completion of the structure plans; note the use of local policies and Design and Development Overlay (DDO) Schedules as implementation measures for both structure plans; and include the structure plans and implementation plan as reference documents.
Local Planning Policy Framework (LPPF)
Introduce two new clauses in the LPPF:
· Clause 22.17 'Kew Junction Activity Centre Policy' to reflect the Kew Junction Structure Plan and guide land use decisions within the activity centre.
· Clause 22.18 ‘Glenferrie Activity Centre Land Use Policy’ to reflect the Glenferrie: Heart of Hawthorn Structure Plan and guide land use decisions within the activity centre.
Design and Development Overlay (DDO)
· Introduce two new schedules to Clause 43.02 Design and Development Overlay for the Kew Junction Activity Centre (DDO14) and Glenferrie Activity Centre (DDO15). The DDOs include mandatory height limits and design requirements for new development in the respective centres. Height limits are expressed as mandatory controls to provide certainty for the development industry and the general community.
Rezoning - Kew Junction
· Rezone land at 259, 261-267 and part 299 High Street, Kew from General Residential Zone Schedule 4 (GRZ4) to Commercial 1 Zone (C1Z).
Rezoning - Glenferrie
· Rezone 1 Bowen Street, Hawthorn from C1Z to NRZ3 to reflect the exclusion of this land from the activity centre boundary and to correct zoning anomalies.
· Rezone part of 228-236 Barkers Road, Hawthorn from GRZ4 to Commercial 1 (C1Z) to correct a zoning anomaly.
· Rezone part of 739-741 Glenferrie Road, Hawthorn from NRZ3 to C1Z to correct a zoning anomaly.
· Rezone part of 821-825 Glenferrie Road, Hawthorn from Neighbourhood Residential Zone Schedule 3 (NRZ3) to C1Z to correct a zoning anomaly.
· Rezone 84 Hawthorn Grove, Hawthorn from C1Z to NRZ3 to reflect the exclusion of this land from the activity centre boundary and to correct a zoning anomaly.
· Rezone part of 1/2 and 2/2 Johnson Street, Hawthorn from C1Z to the NRZ3 to reflect the exclusion of this land from the activity centre boundary and to correct a zoning anomaly.
· Rezone 5-11 Park Street, Hawthorn (Council-owned car park) from General Residential Zone - Schedule 4 (GRZ4) to C1Z to reflect the inclusion of this land in Area 1 - Retail Core.
· Rezone parts of 1, 3 and 5 Vicars Street, Hawthorn from C1Z to NRZ3 to reflect the exclusion of this land from the activity centre boundary and to correct zoning anomalies.
Environmental Audit Overlay (EAO)
· Apply an Environmental Audit Overlay (EAO) to 228-236 Barkers Road and 593-603 Glenferrie Road to reflect the existing service station uses on these sites.
Strategic assessment of the amendment
Why is the amendment required?
In April 2012, Council sought authorisation to prepare Amendments C138 (Kew Junction) and C139 (Glenferrie) to the Boroondara Planning Scheme to implement the Kew Junction Structure Plan, 2009 and Glenferrie: Heart of Hawthorn Structure Plan 2010, as updated December 2011.
Following the grant of authorisation from the Department of Environment, Land, Water and Planning (DELWP), the amendments were exhibited from 12 July 2012 to 31 August 2012. A Panel hearing was held in March/April 2014 to consider submissions to both amendments. The amendments were adopted by Council on 28 July 2014, and sent to the Minister for Planning for approval on 7 August 2014.
In August 2015, the DELWP informed Council that the amendments had lapsed pursuant to Section 30 of the Planning and Environment Act 1987.
This amendment is needed to give effect to the structure plans through an expedited amendment as exhibition and a panel hearing was carried out as part of Amendment C138 and C139.
The structure plans were prepared to guide future land use and development in these activity centres. They support Council’s vision for the centres to be vibrant activity centres comprising a mix of retail, commercial, educational, entertainment, civic and residential uses.
How does the amendment implement the objectives of planning in Victoria?
The amendment provides a framework for future development in ach activity centre. The structure plans encourage a broad mix of uses and built forms that respect heritage values, the distinctive characteristics of each centre and the amenity of surrounding residential areas. This is consistent with the objectives of planning in Victoria, in particular:
· Section 4(1)(a) which seeks to provide for the fair, orderly, economic and sustainable use and development of land.
· Section 4(1)(c) which seeks to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria.
How does the amendment address the environmental effects and any relevant social and economic effects?
The amendment will facilitate positive environmental, social and economic outcomes by giving effect to the Kew Junction Structure Plan, 2009 (updated December 2011) and Glenferrie: Heart of Hawthorn Structure Plan 2010 (updated on December 2011).
Environment
The structure plans and this amendment seek to protect and enhance the amenity and environmental sustainability of each activity centre by supporting environmentally sustainable development, encouraging the use of alternatives to motor vehicle transport, and promoting housing and other uses close to public transport.
The new built form controls will protect the amenity of current and future residents by facilitating development that is designed to mitigate noise impacts from nearby commercial and transport uses and by providing for a transition in built form between commercial and residential areas.
Social Effects
The structure plans and this amendment seek to achieve positive social outcomes by providing employment, education/civic and housing opportunities in proximity to public transport. The amendment also provides clear policy direction for the types and scale of development encouraged in each activity centre. This will provide residents and landowners with greater certainty on the development outcomes anticipated in each activity centre.
Economic Effects
The structure plans and amendment support positive economic outcomes by encouraging and supporting a diversification of uses in the centres.
Does the amendment address relevant bushfire risk?
The amendment applies to an urban area and will have no impact on bushfire risk.
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 under section 7(5) of the Act.
Ministerial Direction No. 9 - Metropolitan Planning Strategy
The amendment is affected by Ministerial Direction No. 9 - Metropolitan Planning Strategy, which seeks to ensure that amendments have regard to the Metropolitan Planning Strategy.
Plan Melbourne is the adopted Metropolitan Planning Strategy for the Melbourne region. The Strategy establishes a hierarchy of centres across Melbourne to assist in the delivery of employment, housing and the creation of 20-minute neighbourhoods.
Plan Melbourne identifies both Kew Junction and Glenferrie as activity centres which form part of a wider network of centres that will deliver a vision to create 20 minute neighbourhoods. Specifically, the amendment is consistent with and supports the following directions of Plan Melbourne:
Direction 2.2 - Reduce the cost of living by increasing housing supply near services and public transport
This direction seeks a greater concentration of housing in strategic sites and activity centres.
Consistent with this direction, the amendment encourages housing and a broadening of uses in each activity centre.
Direction 4.1 - Create a city of 20-minute neighbourhoods
The amendment facilitates the creation of 20-minute neighbourhoods by supporting the continued role and function of each activity centre. The activity centres will continue to play an integral role in providing services and new housing for the community.
Direction 4.6 - Create more great public places throughout Melbourne
This direction acknowledges the need to create great public spaces throughout Melbourne and protect local distinctiveness and variations in character.
This amendment supports the creation of local places that enhance valued local characteristics that are fundamental to the character and sense of place of each activity centre. This amendment seeks to apply built form controls that balance the community’s desire to protect existing streetscapes and activity centre character, combined with the need to ensure that these activity centres remain viable and vibrant.
How does the amendment support or implement the State Planning Policy Framework?
The amendment supports and implements the State Planning Policy Framework, in particular, Clause 11 Settlement, Clause 15 Built Environment and Heritage, Clause 16 Housing, Clause 17 Economic Development and Clause 18 Transport.
Clause 11 - Settlement
Clause 11 - Settlement requires planning authorities to anticipate and respond to the needs of existing and future communities by planning for and allocating land suitable for a range of land uses.
Consistent with Clause 11, the City of Boroondara has prepared each structure plan to guide land use and development in each activity centre. This amendment seeks to implement the structure plans by introducing new land use and built form controls that will guide future development in each activity centre. The land use policies and DDOs encourage a concentration of retail, residential, commercial and civic development in both centres and reinforce their role as key destinations for services, shopping, civic and residential uses.
Clause 15 - Built Environment and Heritage
Clause 15 - Built Environment and Heritage, encourages the creation of high quality environments that contribute positively to local character, sense of place, and enhance centre viability, diversity and safety.
The amendment implements the objectives and strategies contained in Clause 15 by seeking to create high-quality, safe, vibrant urban centres that respect character and heritage values. The amendment also seeks to ensure that the amenity of surrounding residential areas will not be adversely impacted by future development in each activity centre.
Clause 16 - Housing
Consistent with Clause 16.01-2, this amendment encourages new housing within each activity centre. The implementation of this amendment will encourage housing close to jobs, transport and services. This in turn will increase housing choice within the City of Boroondara.
Clause 17 - Economic Development
Consistent with Clause 17, the amendment seeks to support economic opportunities including retail and commercial floorspace growth for each activity centre.
Clause 18 - Transport
Clause 18 encourages the integration of transport and land use to contribute to the creation of sustainable communities.
Consistent with the objectives of this clause, the amendment encourages a concentration of higher density mixed use development close to existing public transport and services.
Clause 19 - Infrastructure
Consistent with Clause 19, the amendment supports the efficient use of existing infrastructure and supports the continued provision and access to community and civic resources and services.
How does the amendment support or implement the Local Planning Policy Framework?
The amendment is consistent with and supports the Local Planning Policy Framework.
Clause 21.08 Activity Centres, Neighbourhood Centres and Commercial Corridors identifies Kew Junction and Glenferrie as activity centres. This clause seeks to maintain and strengthen Boroondara’s network of activity centres, neighbourhood centres and commercial corridors. It also seeks to ensure appropriate built form outcomes that enhance existing streetscapes and have regard to the amenity of adjoining properties. Clause 21.08 also affirms that higher density development is encouraged in these areas activity centres.
Furthermore, the amendment seeks to strengthen and update the Local Planning Policy Framework, in particular Clauses 21.05, 21.06 and 21.07 by making reference to the completed structure plans and the introduction of two new local planning polices to guide land use decisions in each activity centre.
Does the amendment make proper use of the Victoria Planning Provisions?
The amendment makes proper use of the Victoria Planning Provisions. The amendment seeks to update and correct zoning anomalies which will ultimately reflect the objectives and boundaries of the structure plan areas.
The amendment also seeks to modify the Local Planning Policy Framework to give local policy guidance in the Boroondara Planning Scheme for use and development in each of activity centre. New schedules to the DDO are proposed to implement the built form and design guidelines in the adopted structure plans.
How does the amendment address the views of any relevant agency?
The Department of Planning and Community Development (now the Department of Environment, Land, Water and Planning) was consulted during the structure plan preparation process. The DELWP was also consulted during the preparation and processing of Amendments C138 (Kew Junction) and C139 (Glenferrie), which have now lapsed.
As part of Amendment C138 and C139, the views of agencies were sought and considered at the panel hearing and by Council prior to making a decision to adopt Amendments C138 and C139.
This amendment will provide the opportunity for Prescribed Ministers to provide submissions.
Does the amendment address relevant requirements of the Transport Integration Act 2010?
The structure plans were prepared prior to the enactment of the Transport Integration Act 2010. Although the structure plans and this amendment do not directly address the relevant requirements of the Act, both are intended to support the Principal Public Transport Network, encourage walking and bicycle use, and facilitate equitable access in and around each activity centre.