Planning and Environment Act 1987
KINGSTON PLANNING SCHEME
AMENDMENT C147
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 Tract Consultants on behalf of Rossdale Golf Club.
Land affected by the amendment:
Known as The Rossdale Golf Course on Sixth Avenue, Aspendale (Lot 1 TP738172R), the land affected by the Amendment and the planning permit application comprises of 2,516 square metres of land located within the south-western portion of the Rossdale Golf Course (‘the Land’), as shown in the map below. The Land fronts to Sixth Avenue and is not currently used as a Golf Course playing area.
Figure 1: The Amendment Area
The Combined Permit and Amendment Process:
Division 5 of Part 4 of the Planning and Environment Act 1987 provides for a combined permit and Amendment process. The provisions provide for a planning authority to consider an application for a planning permit concurrently with an Amendment to a planning scheme where the Amendment is necessary to enable the proposed development. Notice must be given both of the preparation of the Amendment and of the permit application. The Minister may grant a permit at the same time as approving the Amendment.
What the amendment does:
The Amendment proposes to rezone the Land from a Special Use Zone (Schedule 1) to a General Residential Zone (Schedule 3), apply and Environmental Audit Overlay (EAO) to the subject land and make consequential changes to Clause 21.04 and 21.05 of the Local Planning Policy Framework of the Kingston Planning Scheme.
Specifically, the Amendment proposes to:
· Rezone the Land from a Special Use Zone – Schedule 1 (SUZ1) to a General Residential Zone – Schedule 3 (GRZ3);
· Apply an Environmental Audit Overlay (EAO) to the Land;
· Amend the map ‘Strategic Land Use Framework Plan’ at Clause 21.04 – Vision to include the affected Land in areas for promotion of Incremental Housing Change; and
· Amend the map ‘Residential Land Use Framework Plan’ at Clause 21.05 – Residential Land Use to include the affected Land in areas for the promotion of Incremental Housing Change.
· Amend the map ‘Strategic Land Use Framework Plan’ in Clause 21.04 – Vision and map in ‘Residential Land Use Framework Plan’ in Clause 21.05 – Residential Land Use to correct a number of mapping anomalies.
Concurrent with the preparation of the Planning Scheme Amendment is a planning permit application made pursuant to Section 96A (1) of the Planning and Environment Act 1987 for the subdivision of land into 2 lots and to remove native vegetation (Planning App No. KP15/480).
Strategic assessment of the Amendment
Why is the amendment required?
The Amendment and planning permit application seeks to facilitate the residential use and development of the south-west corner of the Rossdale Golf Club. Such an outcome is prohibited under the current Special Use Zone (Schedule 1).
How does the amendment implement the objectives of planning in Victoria?
The Amendment implements the objectives of planning in Victoria, contained in Section 4 of the Planning and Environment Act 1987, in the following ways:
· Ensuring that the rezoning is appropriate having regard to the environmental characteristics of the site and surrounding context.
· By facilitating a residential subdivision on a site that benefits from existing urban services and good access to public transport, community facilities and other services.
How does the amendment address any environmental, social and economic effects?
Environmental Effects
The Amendment proposes the introduction of an Environmental Audit Overlay (EAO), to ensure that any potentially contaminated land is suitable for more sensitive uses. A Statement or Certificate of Environmental Audit is required before a sensitive use commences or before the construction or carrying out of buildings and works in association with a sensitive use commences.
Social Effects
The Amendment positively provides social impacts on this local area by:
· Increasing the supply of housing within the existing urban area;
· Providing a scale and level of housing density which is consistent with Council’s framework plan for housing change and is commensurate with the site’s suburban location and;
· Making the best use of existing infrastructure and services.
Economic Effects
The Amendment proposes to rezone land which is not included as part of any golf playing areas to secure the short to medium term financial viability of the club.
Does the amendment address relevant bushfire risk?
The subject land is not subject to a Wildfire Management Overlay (WMO) and is not located on land designated as a ‘Bushfire Prone Area’ under the Victorian Planning Provisions.
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 Planning and Environment Act 1987 and meets the requirements of relevant Ministerial Directions:
Ministerial Direction 1: Potentially Contaminated Land:
Section 12 (2)(a) of the Planning and Environment Act 1987 will be satisfied in respect of Ministerial Direction 1 – Potentially Contaminated Land through the inclusion of an EAO to ensure the land is suitable for a sensitive land use.
Ministerial Direction 9: Metropolitan Strategy:
The Amendment is affected by Ministerial Direction Number 9. This direction will be satisfied as the proposal envisages the consolidation and containment of residential development in an existing urban context located wholly within the Urban Growth Boundary.
The Amendment promotes growth within walking distance to nearby public transport routes, and is of a scale consistent with the role of the incremental housing growth area.
This Amendment complies with Ministerial Direction 11 – Strategic Assessment of Amendments and Ministerial Direction No.15 – The Planning Scheme Amendment Process.
How does the amendment support or implement the State Planning Policy Framework and any adopted State policy?
The Amendment upholds the principles and objectives of the State Planning Policy Framework (SPPF). In particular, the Amendment implements key policy directions of the SPPF by:
· Facilitating future residential development in proximity to the Aspendale Neighbourhood Activity Centre;
· Contributing to a ‘20 minute neighbourhood’ through the site’s proximity to local services and transport options;
· Promoting new housing in or close to activity centres and employment corridors, to meet the community’s needs in terms of housing; and
· Utilising existing safe, convenient and direct pedestrian and cycling access to activity centres and public transport interchanges, thereby contributing to an integrated transport system.
How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?
The Amendment implements key policy directions of the Local Planning Policy Framework by increasing the supply of housing land within an existing urban area, whilst respecting neighbourhood character (Clauses 21.01, 21.05 and 22.11). Specifically, the Amendment would achieve this by:
· Managing population growth by unlocking underutilised land with access to existing services;
· Enabling increased housing diversity to meet the changing needs of the community; and
· Increasing opportunities for housing in proximity to an activity centre and key public transport routes.
Clause 21.05 identifies that development in incremental housing change areas should take the form of extensions to existing houses, new single dwellings or the equivalent of new two dwelling developments on average sized lots. The Amendment will ensure that the existing scale of the single dwelling character of the surrounding area is encouraged and respected.
Does the Amendment make proper use of the Victoria Planning Provisions?
The Amendment makes proper use of the Victoria Planning Provisions through its application of the General Residential Zone to the Land to provide for residential development.
Further, the application of the Environmental Audit Overlay (EAO) will ensure the land is appropriate for sensitive land uses.
How does the Amendment address the views of any relevant agency?
The exhibition of this combined Amendment and Planning Permit Application will provide a formal opportunity for all relevant stakeholders to provide comment on the proposal.
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.
What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?
The Amendment will not have a substantial increase on administration and resource costs for the responsible authority.
Where you may inspect this Amendment:
The Amendment is available for public inspection, free of charge, during office hours at the following places:
City of Kingston Offices
Planning Information Centre
Level 1, 1230 Nepean Highway
Cheltenham
(during office hours)
Chelsea (co-located with the Library)
1 Chelsea Road, Chelsea
Mon - Fri 10 am - 4.30 pm
City of Kingston Website
www.kingston.vic.gov.au
The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website 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 COB Monday 5 September 2016.
A submission must be sent to:
City of Kingston
Strategic Planning Unit
PO Box 1000
Mentone 3194
or
Email:
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 23 January 2017
· Panel Hearing: week commencing 13 February 2017