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Glossop Town Planning Level 1, 182 Capel St, North Melbourne, VIC 3051
p.(03) 9329 2288 f.(03) 9329 2287
glossopco.com.au
Planning Scheme Amendment Request
1080A Frankston-Flinders Road, Somerville
Mornington Peninsula Planning Scheme
Application on behalf of VicTrack
Date of report: December 2015
2
GTP Quality System
Project Manager: SZ Checked By: NR
Date issue: December 2015 Revision Number: A
The intellectual property contained in this document remains the property of Glossop Town Planning.
3
Table of contents 1. INTRODUCTION ............................................................................................................... 4
2. THE SUBJECT SITE ......................................................................................................... 5
THE SUBJECT SITE ...................................................................................................................... 5
SITE SURROUNDS ....................................................................................................................... 7
PLANNING HISTORY .................................................................................................................... 9
3. CURRENT PLANNING CONTROLS ................................................................................ 11
PLANNING CONTROLS............................................................................................................... 11
SURROUNDING LAND ................................................................................................................ 12
4. THE PROPOSAL AMENDMENT & WHY IT IS REQUIRED ............................................. 13
THE PROPOSAL ......................................................................................................................... 13
WHY IS THE AMENDMENT REQUIRED? .................................................................................... 13
5. IS THE PROPOSED AMENDMENT APPROPRIATE? ..................................................... 16
6. STRATEGIC CONSIDERATIONS ................................................................................... 19
STRATEGIC CONSIDERATION ................................................................................................... 19
DOES THE AMENDMENT MAKE PROPER USE OF THE VICTORIA PLANNING
PROVISIONS? ............................................................................................................................. 28
HOW DOES THE AMENDMENT ADDRESS THE VIEWS OF RELEVANT
AGENCIES? ................................................................................................................................ 29
7. CONCLUSION ................................................................................................................ 31
8. APPENDIX A – DRAFT SCHEDULE 19 TO THE DPO .................................................... 32
4
1. INTRODUCTION
This Town Planning Report has been prepared on behalf of Victorian Rail Track
Corporation (trading as VicTrack) and accompanies an application for an amendment
to the Mornington Peninsula Planning Scheme.
VicTrack was created in 1997. It is a State-owned business enterprise with an
independent Board and plays a pivotal role in supporting the Victorian Government to
provide improved public transport outcomes without relying on government funding. It
operates under the Transport Integration Act 2010.
VicTrack is the custodial owner of Victoria’s railway land, infrastructure and much of
its rolling stock. The vast majority of these assets are leased to Victoria’s rail and
tram operators via Public Transport Victoria (PTV).
This application applies to part of the land at 1080A Frankston-Flinders Road,
Somerville (the ‘subject site’) and formally known as Lot 1 TP885734. The subject
site is shown in the figure below.
The Subject Site (shown in yellow)
This application proposes to rezone the subject site from a Public Use Zone 4
(Transport) to a General Residential Zone Schedule 1 (GRZ1). It is also proposes to
apply a Schedule to the Development Plan Overlay Schedule to the whole site and
an Environmental Audit Overlay (EAO) to the northern portion of the site.
5
2. THE SUBJECT SITE
THE SUBJECT SITE
On 31 July 2013, the Department of Transport, Planning and Local Infrastructure
(DTPLI)1 confirmed that it had consulted Public Transport Victoria (PTV) and was
able to advise that it does not object to VicTrack selling the land shown in the figure
below (the ‘subject site’).
Land cleared for sale (shown in yellow)
The subject site is currently owned by VicTrack and is surplus to its future operational
requirements.
This application applies to all of the land cleared for sale.
The subject site forms part of 1080A Frankston-Flinders Road, Somerville.
The subject site is irregular in shape. It has a frontage to Frankston-Flinders Road of
approximately 290m and an abuttal to Foxwood Place of approximately 67m. The
subject site has a total area of approximately 1.1ha.
The subject site is located on the east side of the railway corridor and to the south of
the Somerville Railway Station.
The subject site is vacant and contains some scattered trees. In the past the land
was used as a car park and for other uses associated with the railway facilities.
1 Now the Department of Economic Development, Jobs, Transport and Resources (DEDJTR)
6
Cadastral Map (subject site outlined in red)
Subject site, looking north from the
centre
Subject site, looking west, from the
centre
7
Subject site, looking south from the
centre
Subject site, looking west from the
southern end
Foxwood Place, looking north at the
southern boundary of the subject site
Frankston-Flinders Road, looking
north along site’s street frontage
SITE SURROUNDS
The area surrounding the subject site is dominated by residential uses. Key features
of the surrounding area include:
A child care centre is located to the immediate south-east of the subject site,
at 1140 Frankston-Flinders Road;
Somerville Railway Station, a bus stop and an opportunity shop are located to
the north of the subject site;
A small strip of shops to the north-east of the subject site, opposite
Frankston-Flinders Road. The Somerville Primary School is located at the
rear of this shopping strip on Eramosa Road East;
The Somerville Activity Centre is located to the north-west of the subject site.
8
It includes a range of shops and a library, a kindergarten, a child care centre
and medical centres; and
The Somerville Recreational Reserve, Somerville Secondary College and St
Brendan’s Primary School are located generally to the west of the subject
site.
Aerial photograph (subject site outlined in red)
Locality Plan (subject site outlined in red)
9
PLANNING HISTORY
In 2008, part of the subject site was declared to be surplus to VicTrack’s operational
requirements. A request was made to rezone the then surplus land from a Public Use
Zone 4 to a Residential 1 Zone as part of Amendment C100. The rezoning request
included the area shown in yellow below.
Original Surplus Area (shown in yellow)
On 5th May 2006, the Department of Infrastructure2 (DOI) confirmed in writing, having
consulted all relevant internal departments, that it supported the sale of the land.
On 25 May 2006, VicTrack met with Mr Lynton Shedden (Manager Strategic
Planning) of Mornington Peninsula Shire Council to discuss the rezoning of the
surplus land from PUZ to a Residential 1 Zone to facilitate the sale of the land by
public process.
By letter dated 21 June 2006, Council advised that it was of the view that the use of
the disused land for higher density residential development was consistent with the
Local Planning Policy Framework and the objectives of Melbourne 20303. Council
also indicated that before it could confirm in-principle support of the proposed
rezoning, VicTrack must lodge a formal rezoning request.
A formal planning scheme amendment request was submitted to Council in June
2007. The amendment was accompanied by a Certificate of Environmental Audit
(issued 12 December 2007), which found that the surplus land is suitable for all
2 Now the Department of Infrastructure and Regional Development
3 The then current metropolitan planning strategy
10
beneficial uses.
Council included this rezoning request as part of Amendment C100 to the Mornington
Peninsula Planning Scheme. The Amendment was placed on public exhibition
between 18 July and 1 September 2008.
On 28 August 2008, the Department of Transport4 (DOT) lodged an objection to the
proposed rezoning. It advised the following:
The Frankston-Stony Point Rail Line provides access to the Port of Hastings.
The Port of Hastings Corporation submitted its final draft of Hastings Land
Use and Transport Strategy (PLUTS) to the Minister for Roads and Ports for
Government consideration in December 2007.
Progression of the PLUTS will be closely considered with the Government’s
broader policy thinking in relation to transport and freight planning and
response to the Eddington East-West Study. The Government intends to
account its response to the Port of Hastings Land Use and Transport Strategy
(PLUTS) later this year which will include recommendations for rail access to
the port as it develops over the next 30 years.
The Department of Transport (DOT) is currently undertaking a study of
existing and proposed rail corridor options for the Port of Hastings in order to
provide the Government recommendations on a preferred long term port rail
corridor. Until this work is finalized DOT submits that the rezoning of this
parcel of land is premature and should be postponed for further consideration.
Once the Government has announced its intension along this corridor DOT
will be in a clearer position to make a final determination on this parcel of land
and its future.
As a result of DOT’s objection, VicTrack advised the Planning Panel appointed to
consider Amendment C100 that it had decided to abandon the rezoning and the
associated introduction of DPO16.
The preliminary issues previously raised by the DOT have now been resolved. On 31
July 2013, the DTPLI5 confirmed that it no longer objected to the disposal of the
surplus land. In addition, it has also cleared an area to the immediate north for
disposal.
4 Now the DEDJTR. 5 DOT was part of DTPLI at that time.
11
3. CURRENT PLANNING CONTROLS
PLANNING CONTROLS
ZONING OF SUBJECT SITE
The subject site is in a Public Use Zone 4 (PUZ) under the Mornington Peninsula
Planning Scheme.
The Purpose of the Public Use Zone is:
To implement the State Planning Policy Framework and the Local Planning
Policy Framework, including the Municipal Strategic Statement and local
planning policies.
To recognise public land use for public utility and community services and
facilities.
To provide for associated uses that are consistent with the intent of the public
land reservation or purpose.
More specifically, PUZ4 identifies land for transport.
Zoning Map (subject site outlined in red)
12
OVERLAYS AFFECTING THE SUBJECT SITE
No overlays controls affect the subject site.
SURROUNDING LAND
ZONING AND OVERLAY AFFECTING SURROUNDING LAND
Land surrounding the subject site is predominantly zoned General Residential Zone
Schedule 1 (GRZ1) with pockets of land in a PUZ4 to the immediate west,
Commercial 1 Zone to the north-east and Public Park and Recreation Zone to the
west and south-west.
There are several overlay controls affecting nearby land, including:
A Vegetation Protection Overlay (VPO1) affects land at the rear of 1119
Frankston-Flinders Road; and
Heritage Overlay (HO317) affects land on the west side of Station Street, to
the immediate west of the railway line.
None of these overlays have a direct abuttal to the subject site.
Overlay Map (site outlined in red)
13
4. THE PROPOSAL AMENDMENT & WHY IT IS REQUIRED
THE PROPOSAL
This application proposes to:
Rezone the subject site from a Public Use Zone 4 (Transport) to a General
Residential Zone Schedule 1 (GRZ1);
Apply a Schedule to the Development Plan Overlay to all of the subject site;
and
Apply an Environmental Audit Overlay (EAO) to the northern portion of the
site.
The Subject Site (Approximate extent of land shown in yellow)
WHY IS THE AMENDMENT REQUIRED?
VicTrack has undertaken a comprehensive analysis of its operational requirements in
and around the Somerville Railway Station. This analysis included an assessment of
the potential for future upgrades to the railway station and associated facilities,
including car parking. The analysis identified that the subject site is surplus to
VicTrack’s requirements and should be disposed of.
The Victorian Government Land Monitor Policy and Instructions for the Purchase,
Compulsory Acquisition and Sale of Land (Department of Infrastructure, August
2000), sets out the following requirements (as relevant):
14
Agencies must not create any expectation with prospective purchasers that
they will be able to utilise the land for a purpose other than that which is
permitted under the appropriate zone.
First right of refusal to purchase land no longer required by an agency must
be offered to another agency which identifies the land as being required for its
purposes.
The land may then be offered to the council of the municipality in which the
land is located where the Council requires the land for public purposes. The
sale must be conditional upon the land being used for that purpose. Council
should undertake to rezone the land in accordance with the conditions of sale.
The most appropriate zoning for the land must be established and put in
place before the sale to ensure that the highest possible return is achieved.
An agency must not offer land for sale where the land is zoned for a public
purpose under a planning scheme or where land is inappropriately zoned
unless approval is obtained from the GLM6 (our emphasis).
In accordance with Victorian Government Land Monitor’s (VGLM) policy, the subject
site was listed as a site available to all government agencies and departments that is
available for First Right of Refusal7.
No public organisations expressed an interest to acquire the land.
For the above reason, VicTrack has confirmed that the land will be disposed of by
public process.
The subject site is currently in a PUZ4. This is no longer reflective of the purpose of
the land. In accordance with the VGLM’s policy, the most appropriate zoning for the
site must be established and put in place before the sale. An amendment to the
planning scheme is the most appropriate way to comply with this requirement.
For reasons highlighted later in this report, the most appropriate zoning for the
subject site is GRZ1. To manage the future development outcomes of the site, it is
proposed to introduce a Schedule to Development Plan Overlay to the whole site. To
manage potential contamination issues on land that does not benefit from a
Statement of Environmental Audit8, an EAO is proposed to be applied to the northern
portion of the site.
6 Victorian Government Local Monitor
7 Facilitated by the Department of Finance
8 This includes all land that was not originally considered for rezoning as part of Amendment C100
15
CONSULTATION WITH COUNCIL
On 26 March 2015, Ms Emma Demaine, Mr Ashley Keys (both of VicTrack) and Ms
Sue Zhang (of Glossop Town Planning) met with Mr Frank Mangan and Ms Emma
Nicolson of Mornington Peninula Shire Council to discuss the proposed amendment.
At that meeting, Council confirmed that, in principle, it would continue to support
rezoning of the land to a residential zone provided that a Development Plan Overlay
was applied to ensure that an appropriate development outcome will be achieved on
the land. In particular, the Development Plan Overlay should include the following
requirements:
Ensure that an integrated development outcome will be achieved;
Set the minimum and maximum development density on the site;
Identify the maximum building height for any future development;
Require the provision of communal open space to be provided;
Require appropriate landscaping to be provided throughout the site, particularly
along the street frontage;
Identify vehicular access locations;
Identify pedestrian and cyclist access locations; and
Contain acoustic attenuation measures.
16
5. IS THE PROPOSED AMENDMENT APPROPRIATE?
VGLM’s guidelines require that the appropriate zoning of the site is established and
put in place before the sale of the land.
Currently, the subject site is in a PUZ4. This zone reserves the land for public uses
and more specifically for transport purposes. As the site has been declared to be
surplus to VicTrack’s purposes, the PUZ4 is no longer the most appropriate zoning.
In 2008, when part of the subject site was considered for rezoning as part of
Amendment C100 to the Mornington Peninsula Planning Scheme, Council
determined that the most appropriate zoning of the land was the Residential 1 Zone9.
At that time, it was found that the residential use of the land was supported by the
State and Local Policy Frameworks. It also found that adverse acoustic and vibration
impacts caused by the adjacent railway corridor could be managed through
appropriate building siting and design10.
To ensure that the future development of the land will achieve an acceptable
outcome and address the relevant acoustic and vibration mitigation requirements, it
was proposed to apply Development Plan Overlay Schedule 16 to the land as part of
Amendment C100.
Existing Zones, Mornington Peninsula Planning Scheme (site outlined in red)
9 This zone was deleted from the Victorian Planning Provision on 1 July 2014. 10 Marshall Day Acoustics completed a noise and vibration impact assessment in December 2009. The
assessment was based on the most critical future scenario, which included an increase of freight
train activities along this corridor due to the expansion of the Port of Hastings. Plan Melbourne
was released in 2014 and now indicates that the Port of Hastings will not be using this railway
corridor for freight. It is considered that the potential noise and vibration impacts on the
subject site will be less than previously anticipated. Even at the most critical scenario, the
potential noise and vibration impacts can be appropriately managed through building siting and
design.
17
The site conditions have not changed since 2008. It is submitted that a residential
zone remains the most appropriate zoning of the land. Residential use of the land is
compatible with the established pattern of existing land uses of the abutting area and
represents a minor and logical extension to the existing residential zoning. The
subject site is also located in close proximity to a wide range of commercial and
community facilities and public transport. The site’s location and features also make
it suitable for a medium density residential development.
As of 1 July 2014, the Residential 1 Zone has been removed from the Victorian
Planning Provisions (VPP) as part of the Victorian Residential Zone reform. The
Mornington Peninsula Shire Council included all land that was previously in the
Residential 1 Zone in a General Residential Zone Schedule 1 via Amendment C179
to the Mornington Peninsula Planning Scheme.
Having regard to the above, it is submitted that the most appropriate zoning of the
subject site should be an extension of the adjoining GRZ1. The proposed zoning is
supported by the relevant goals and objectives of the State and Local Planning Policy
Frameworks.
No development is proposed as part of this rezoning request. It is proposed to apply
a site-specific Schedule to the Development Plan Overlay (DPO) over the subject
site. The DPO is an appropriate tool to ensure that an integrated development
outcome will be achieved. The Schedule will require matters such as the type of
development, development density, site access, landscaping, mitigation of noise and
vibration impacts to be considered before a planning permit is issued11.
This approach was also adopted during the previous rezoning request under
Amendment C100.
A copy of the draft Schedule 19 to the DPO is provided at Appendix A. It should be
noted that this control builds on the previous requirements of the former proposed
DPO16 that was exhibited as part of Amendment C100. The draft DPO19 also
ensures that all previous Council requirements can continue to be met.
In summary, draft DPO19 contains the following requirements for any development
plan:
The development of the land for the purpose of an integrated residential
development.
11 Under the general provisions of a DPO, a permit must not be granted to use or subdivide land or
to construct a building or construction or carry out works until a development plan has
been prepared to the satisfaction of the Responsible Authority. Any subsequent permit granted
must be generally in accordance with the approved development plan.
18
Not less than 14 dwellings and no more than 34 dwellings.
No dwelling exceeding a height of two storeys.
Communal open space within the development.
No more than one vehicular access from Frankston-Flinders Road12.
At least one separate pedestrian/bicycle access to Frankston-Flinders Road.
A landscape plan which must include planting along the site frontage.
Appropriate noise attenuation measures for the development.
The development to be designed to allow for all waste collection to occur on-
site.
The above requirements and the zone’s purpose will ensure future residential
development of the land responds appropriately to its setting and is respectful of the
area’s preferred character. The overlay will also provide certainty to the local
community in terms of development type and density.
Any future developer of the land will have to submit a Development Plan for Council’s
formal consideration in accordance with the requirements of the Schedule to the
DPO.
The Certificate of Environmental Audit already issued in respect to land previously
formed part of the C100 Amendment is suitable for all beneficial uses. No
environmental assessment of the balance of the subject site has been undertaken.
To comply with the relevant Ministerial Directions and Practice Notes in respect to
the balance of the subject site, it is proposed to apply an EAO to the northern portion
only.
.
12 VicRoads has confirmed that it would support no more than one vehicular access from Frankston-
Flinders Road subject to some road upgrade works. It would be appropriate to confirm and condition
the extent of any road upgrade works once a formal application for a Development Plan is made.
19
6. STRATEGIC CONSIDERATIONS
Minister’s Direction No. 11 Strategic Assessment Guidelines require a planning
authority to evaluate and discuss how an amendment addresses a number of
strategic considerations. Under Planning Practice Note No. 46 (DTPLI, July 2014),
the proposed amendment requires a full assessment against the Strategic
Assessment Guidelines.
The full assessment is provided in this Section of the report.
STRATEGIC CONSIDERATION
WHY IS AN AMENDMENT REQUIRED?
VicTrack currently owns the subject site. It has determined that the subject site is
surplus to its future needs and intends to dispose of the land. It has offered the first
right of refusal to purchase the land to various State and local government agencies.
No public organisation has expressed an interest to acquire the land. VicTrack must
now dispose of the land via a public process.
As required by the VGLM, the most appropriate zoning of the land must be
established and put in place before the sale. To comply with this requirement, an
amendment to the Mornington Peninsula Planning Scheme is required.
The proposed rezoning of the land from PUZ4 to GRZ1 reflects the most appropriate
use of the subject site.
To ensure appropriate use and development outcomes, it is also proposed to apply a
Development Plan Overlay to the subject site and an EAO to the northern portion of
the site.
The proposed Schedule to Development Plan Overlay will guide the future
development outcome of the land. It will also ensure that an appropriate form of
medium density integrated residential development is achieved, having regard to site
layout, built form, amenity, communal open space, site access and landscaping
issues.
The EAO will ensure that the land will be suitable for any proposed future land uses.
Overall, the proposed planning scheme amendment will result in an appropriate and
orderly planning outcome that facilitates the development of an undertilised parcel of
land. It will create an opportunity to contribute to housing diversity needs in a location
that is close to existing commercial and community facilities and public transport.
20
DOES THE AMENDMENT IMPLEMENT THE OBJECTIVES OF PLANNING AND
ADDRESS ANY ENVIRONMENTAL, SOCIAL AND ECONOMIC EFFECTS?
Environmental Effects
There was a previous proposal to rezone Parcels A and B to a residential zone as
part of Amendment C100 to the Mornington Peninsula Planning Scheme in 2008.
This amendment request was later abandoned by VicTrack due to a lack of support
from the former Department of Transport. To support Amendment C100, an
Environmental Audit Report was prepared for the land. A Certificate of Environmental
Audit in accordance with section 53X of the Environment Protection Act 1970 was
issued on 12 December 2007. It confirmed that the condition of parcels A and B are
neither detrimental nor potentially detrimental to any beneficial use of the site.
The Subject Site (shown in yellow)
The northern portion of the land is in a similar condition to the balance of the subject
site, however, an environmental assessment has not been undertaken for this portion
of the land.
Ministerial Direction No. 1 – Potentially Contaminated Land (Direction No. 1) requires
planning authorities to satisfy themselves that the environmental conditions of land
proposed to be used for a sensitive use (including residential), agriculture or public
open space are, or will be, suitable for that use.
21
To comply with this Ministerial Direction, it is proposed to apply an EAO to the
northern portion of the subject site.
The amendment is not expected to create any adverse environmental effects. Any
potential land contamination issues in the northern portions will be managed through
the proposed EAO.
Social Effects
The amendment will facilitate the development of vacant land that has become
surplus to the State’s transportation requirements. It will contribute to housing needs.
No adverse social impacts are anticipated to be generated as a result of the
proposed rezoning.
Economic Effects
The amendment is expected to generate positive economic effects for the following
reasons:
The proposed rezoning will facilitate the sale of disused and surplus rail land
by VicTrack.
It will facilitate the redevelopment of a currently vacant and underutilised site
for residential purposes.
The residential use of the land complements the existing uses of the
surrounding area. Redevelopment of the land will generate jobs within the
Shire.
It is anticipated that future residents are likely to shop locally and contribute to
the local economy.
DOES THE AMENDMENT ADDRESS RELEVANT BUSHFIRE RISK?
The amendment will not result in any increase to the risk to life, property, community
infrastructure and the natural environment from bushfire.
DOES THE AMENDMENT COMPLY WITH ALL THE RELEVANT MINISTER’S DIRECTIONS?
This amendment is consistent with Ministerial Direction – The Form and Content of
Planning Schemes.
Ministerial Direction No. 1 – Potentially Contaminated Land seeks to ensure that
potentially contaminated land is suitable for a use that is proposed to be allowed
under an amendment to a planning scheme and which could be significantly
22
adversely affected by any contamination.
An environmental audit assessment has been completed for the southern portion of
the site and a Certificate of Environmental Audit has been issued to confirm that the
northern portion of the land is also suitable for all types of beneficial uses.
It is proposed to apply an Environmental Audit Overlay to the balance of the site in
accordance with the requirements of Ministerial Directions. No. 1.
Ministerial Directions No. 9 – Metropolitan Planning Strategy seeks to ensure that
planning scheme amendments have regard to Plan Melbourne: Metropolitan
Planning Strategy (Department of Transport, Planning and Local Infrastructure,
2014).
Plan Melbourne includes Somerville within the Southern Sub-region. The population
within this Sub-region is expected to grow by between 400,000 to 480,000 people by
2031. To accommodate the expected population growth, it is expected that an
additional 165,000 to 205,000 dwellings will be required by 2031. The subject site is
located in an Urban Area within the Metropolitan Urban Boundary.
The proposed rezoning is consistent with the vision of Plan Melbourne. It will create a
modest opportunity to accommodate some of the expected population growth and
support the 20 minute neighbourhood concept. The proposed DPO19 will ensure that
the future development outcome is appropriate at this location.
The proposed amendment complies with the Ministerial Directions. No. 9.
Ministerial Direction No. 11 – Strategic Assessment of Amendments seeks to ensure
a comprehensive strategic evaluation of a planning scheme amendment and the
outcomes it produces.
A strategic assessment of the proposed amendment has been undertaken in
accordance with this Ministerial Direction.
Ministerial Direction No. 16 – Residential Zones seeks to guide planning authorities
about applying the Residential Growth Zone, General Residential Zone and
Neighbourhood Residential Zone through a planning scheme amendment.
Amendment C179 to the Mornington Planning Scheme approved the use of the
GRZ1 for all land within the Mornington Peninsula Shire that was previously in the
Residential 1 Zone. It has been determined that the most appropriate underlying use
of the subject site is residential. GRZ1 now applies to all adjoining (non-railway and
non-arterial road) land. The extension of this zone to the subject site is appropriate
and complies with Ministerial Direction No. 16.
23
Southern Sub-region Map, Plan Melbourne page 182
DOES THE AMENDMENT SUPPORT OR IMPLEMENT THE STATE PLANNING POLICY
FRAMEWORK (SPPF)?
The elements of the SPPF that are most relevant to the Planning Scheme
Amendment include:
Clause 9 – Plan Melbourne;
Clause 10 – Operation of the State Planning Policy Framework;
Clause 11 – Settlement;
Clause 12 – Environmental and Landscape Values;
Clause 15 – Built Environment and Heritage:
24
o Clause 15.01 Urban Environment;
o Clause 15.02 Sustainable Development;
Clause 16 – Housing; and
Clause 18 Transport.
Clause 9 ‘Plan Melbourne’ requires that planning and responsible authorities must
consider Plan Melbourne: Metropolitan Planning Strategy (Department of Transport,
Planning and Local Infrastructure, 2014). This is the same requirement as Ministerial
Directions No. 9.
The proposed Amendment complies with Ministerial Direction No. 9. For this reason,
the proposed amendment is consisted to also comply with the requirements of
Clause 9.
Clause 10 ‘Operation of the State Planning Policy Framework’ seeks to ensure
that the objectives of planning in Victoria (as set out in Section 4 of the Planning and
Environment Act 1987) are fostered through appropriate land use and development
planning policies and practices which integrate relevant environmental, social and
economic factors in the interests of net community benefit and sustainable
development.
The proposal supports this goal by applying the most appropriate zone and overlay
controls to the subject site and will deliver a net community benefit
Clause 11 ‘Settlement’ provides that planning is to anticipate and respond to the
needs of existing and future communities through the provision of zoned and
serviced land for housing, employment, recreation and open space, commercial and
community facilities and infrastructure. Planning is to facilitate sustainable
development that takes full advantage of existing settlement patterns, and investment
in transport and communication, water and sewerage and social facilities.
The subject site is located adjacent to an established residential area. The proposed
amendment is an orderly and minor extension of the current GRZ1. The proposed
use of the subject site will complement the existing land use pattern.
Clause 12 ‘Environmental and Landscape Values’ seeks to ensure that planning
protects sites that have environmental and landscape values.
The site has limited environmental and landscape values. One of the features of the
site is its vegetated frontage. The Amendment seeks to apply DPO19 onto the site,
which (inter alia) requires this vegetated frontage to be retained and improved
25
through appropriate landscaping.
Clause 15.01 ‘Urban environment’ seeks to create safe, functional and good quality
urban environments. Clause 15.02 ‘Sustainable development’ seeks to promote
consolidation of urban development and integration of land use and transport.
The proposed Schedule to Development Plan Overlay requires the site to be
developed in the future for an integrated medium density residential development. It
also sets out requirements with regard to dwelling density, building height, provision
of communal open spaces on-site, vehicle access, landscaping and acoustic
amenity. This will ensure that the objectives of Clause 15.01 are met.
The proposed rezoning will facilitate residential development at a location to the
immediate south of an existing train station. This is consistent with the relevant
strategies at Clause 15.02.
Clause 16 ‘Housing’ states that new housing should have access to services and be
planned for long term sustainability, including walkability to activity centres, public
transport, school and open space.
The subject site is located in an area that has good access to a wide range of
existing commercial, community and transport infrastructure. The proposed
amendment supports the objectives of this Clause.
Clause 18 ‘Transport’ states that planning should ensure an integrated and
sustainable transport system that provides access to social and economic
opportunities, facilitates economic prosperity, contributes to environmental
sustainability, coordinate reliable movements of people and goods, and is safe.
The proposed amendment will facilitate redevelopment of the land for residential
purposes adjacent to Somerville Train Station. The proximity to existing public
transport facility promotes the use of more sustainable modes of transport.
HOW DOES THE AMENDMENT SUPPORT OR IMPLEMENT THE LOCAL PLANNING POLICY
FRAMEWORK (LPPF) AND, SPECIFICALLY, THE MUNICIPAL STRATEGIC STATEMENT
(MSS)?
The following Clauses of the Municipal Strategic Statement (MSS) are relevant to the
proposed amendment:
Clause 21.03 – Mornington Peninsula – Regional Role and Local Vision;
Clause 21.04 – Mornington Peninsula Strategic Framework Plan;
26
Clause 21.06 – Strategic Framework and the Peninsula’s Settlement Pattern;
and
Clause 21.07 – Guiding Future Township Development.
Clause 21.03 ‘Mornington Peninsula – Regional Role and Local Vision’ seeks to
maintain the established growth boundaries of townships and acknowledges that
there is a need for coordinated planning in the improvement of established areas.
This may be achieved through integrated local area planning, which encompasses
social, economic and environmental dimensions, and aims to create new
communities rather than residential estates.
Clause 21.04 ‘Mornington Peninsula Strategic Framework Plan’ provides a
framework for balanced development and sustainable land use on the Peninsula. It
aims to maintain the long-term economic, social and environmental values of
Mornington Peninsula.
This states that ‘achieving balance does not mean trying to accommodate all land
uses in all locations; it means making the most of each area’s particular strengths
and respecting limit. The Strategic Framework Plan identifies locations where specific
land use outcomes will be supported and promoted as well as areas where some
forms of use and development will be excluded. The aim is to define a positive role
for each area of the Peninsula having regard to the particular characteristics of each
area and the full range of the community’s needs and values’.
This Clause includes the following relevant strategic directions:
Supporting and strengthening the hierarchy of towns and villages on the
Peninsula, having regard to their individual character and functions, their
relationships to each other and to adjacent rural, coastal and port
development areas.
Defining township growth boundaries as a method of focusing future
development in the major towns. This strategy of distributing future population
growth also depends on containing other townships and villages within
existing established boundaries.
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Clause 21.04 Mornington Peninsula Strategic Framework Plan
Clause 21.06 ‘Strategic Framework and the Peninsula’s Settlement Pattern’
seeks to strengthen the major centres of the Peninsular by consolidating future
population growth within their defined growth boundaries.
Clause 21.07 ‘Guiding Future Township Development’ recognises that planning
for future townships require a range of land use issues to be considered. With
respect to residential development, Council is committed to servicing and developing
communities and promoting equity of access to a broad range of services and
programs. It also acknowledges that the Shire has experienced an increased
demand for medium density housing due to population growth and changing
demographic profile. However, there is a concern that in some areas, the cumulative
effect of market driven changes may adversely affect the existing local characters
that are valued by residents.
The proposed amendment supports the relevant objectives and goals of the MSS for
the following reasons:
The proposed amendment facilitates development of a currently vacant and
disused parcel of land within an established urban area. It will achieve an orderly
planning outcome;
The subject site is located within close proximity to a wide range of existing
facilities and services. It is well suited to accommodate an integrated residential
Subject Site
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development at a medium density;
The proposed requirements of DPO19 will ensure that the housing product will
meet the evolving demands of the residents; and
The proposed DPO19 contains built form, landscaping and amenity requirements
to ensure that any elements of valued character of the area are considered and
an appropriate outcome is achieved in terms of amenity.
Clause 22.13 ‘Township Environment’ is the only policy under the Local Planning
Policies (LPP) that is relevant to the proposed amendment. The purpose of this
policy is to highlight a number of areas where attention is necessary to support major
strategic directions. This includes management of waste water discharge, stormwater
management, management of potentially contaminated land and energy efficiency in
the design of new development.
This Clause has only limited relevance to the proposed amendment because it
proposes the rezoning of the land only. It is considered that matters are appropriately
addressed at the planning permit stage of a development application.
An environmental audit has been undertaken for the southern portion of the subject
site. A Certificate of Environmental Audit has been issued, which confirms that land is
suitable for all beneficial uses. An environmental assessment has not been
undertaken for the balance of the subject site, but will be addressed through the
application of an EAO.
DOES THE AMENDMENT MAKE PROPER USE OF THE
VICTORIA PLANNING PROVISIONS?
The Purpose of the General Residential Zone is:
To implement the State Planning Policy Framework and the Local Planning
Policy Framework, including the Municipal Strategic Statement and local
planning policies.
To encourage development that respects the neighbourhood character of the
area. To implement neighbourhood character policy and adopted
neighbourhood character guidelines.
To provide a diversity of housing types and moderate housing growth in
locations offering good access to services and transport.
To allow educational, recreational, religious, community and a limited range of
other nonresidential uses to serve local community needs in appropriate
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locations.
The subject site is located next to an established residential area and adjoins land in
a GRZ1. The purpose of the zone is consistent with the desired and the most
appropriate underlying use of the site and the extension of it make proper use of the
VPP.
As the proposed amendment does not include any proposals to redevelop the land, it
is appropriate to resolve matters relating to potential development outcome at a later
date. The introduction of a Schedule to DPO to the entire subject site provides the
appropriate mechanism under the VPP to ensure appropriate design outcomes.
The application of a DPO requires the resolution of site specific consideration before
development (or subdivision) of the land may occur.
The introduction of a DPO is consistent with the purpose of this overlay control and is
an appropriate use of this tool.
The application of the EAO will address any issues relating to potentially
contaminated land in accordance with Practice Note No. 46 and Ministerial Directions
No. 1.
The application of both overlay controls makes proper use of the VPPs and will not
make any existing provisions in the Mornington Peninsula Planning Scheme
redundant.
HOW DOES THE AMENDMENT ADDRESS THE VIEWS OF
RELEVANT AGENCIES?
The Department of Economic Development, Jobs, Transport and Resources has
confirmed that it has consulted with Public Transport Victoria and does not object to
the proposed rezoning.
The proposed amendment does not have any other formal or informal referral
requirements. Future preparation of the Development Plan and/or development of the
land will be referred to the relevant agencies. The conditions required by the referral
authorities will be included in any permit for development that is to be issued or as
part of the Development Plan requirements.
DOES THE AMENDMENT ADDRESS THE REQUIREMENTS OF THE TRANSPORT INTEGRATION ACT 2010?
The development and use envisaged will not have a significant effect on the transport
system. The subject site has not been used (or required) for transport purposes for
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some time. VicTrack operates under the Transport Integration Act 2010 and it
confirms that the land is surplus to its operational requirements. The Department of
Economic Development, Jobs and Resources and Pubic Transport Victoria have
both confirmed that they do not require the subject site for any transport needs.
WHAT IMPACT WILL THE NEW PLANNING PROVISIONS HAVE ON THE ADMINISTRATIVE COSTS OF THE RESPONSIBLE AUTHORITY?
The proposed amendment is not considered to have any significant impact on the
resource and administrative costs of the responsible authority.
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7. CONCLUSION
The proposed planning scheme amendment warrants Council’s support for the
following reasons:
The subject site is surplus to the State’s transport requirements. VicTrack has
received written support from DEDJTR to dispose of the site.
VicTrack has followed the requirements of VGLM. The first right of refusal to
purchase the land has been offered to a wide range of State and local
government organisations. There has been no interest to acquire the land
from any of these organisations. VicTrack must now dispose of the site via a
public sales process.
In accordance with the VGLM’s requirements, the most appropriate zoning for
the land must be put in place before the sale of the land. The proposal meets
this requirement.
The subject site is located within the Somerville Township area and is located
close to the Somerville Activity Centre and public transport options. It is
ideally located to support a diversity of housing types and contribute to
housing growth.
The proposed GRZ1 is the most appropriate zone for the land and supports
the relevant objectives of the State and Local Planning Policy Frameworks.
The proposed rezoning will provide a net community benefit by facilitating use
and development outcomes consistent with the surrounding area and will
deliver additional housing to an existing urban area with excellent access to a
wide range of existing infrastructure.
The proposed Schedule 19 to DPO provides clear direction on the future
development of the site. It outlines the site specific issues that require
resolution before development of the land may occur.
An EAO is proposed for the northern portion of the site where an
environmental assessment has not been undertaken; and
The amendment provides a fair, orderly and transparent process for the
rezoning of the site.
GLOSSOP TOWN PLANNING PTY LTD December 2015
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8. APPENDIX A – DRAFT SCHEDULE 19 TO THE DPO