Planning Scheme Amendment Request Town Planning Level 1, 182 Capel St, North Melbourne, VIC 3051 p.(03) 9329 2288glossopco.com.au f.(03) 9329 2287 Planning Scheme Amendment Request

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

8-20 & 22-28 Phillip Street, Dallas

Hume Planning Scheme

Application on behalf of Melbourne Water

Date of report: 11 November 2015

p.1

Glossop Town Planning Level 1, 182 Capel St, North Melbourne, VIC 3051 p.(03) 9329 2288 I glossopco.com.au

Table of Contents

1. Introduction ......................................................................................................... 3

2. The Subject Site and Surrounds ......................................................................... 5

The Subject Site ........................................................................................................... 5

The Surrounds .............................................................................................................. 5

3. Current Planning Controls .................................................................................. 8

Zone ............................................................................................................................. 8

Overlays ....................................................................................................................... 9

4. The Proposed Amendment ............................................................................... 11

Why is the Amendment required? ............................................................................... 11

Proposed Planning Scheme Changes ........................................................................ 12

Consultation with Council and Melbourne Airport ........................................................ 15

5. Is the Proposed Amendment Appropriate?....................................................... 16

Demographic and Policy Demand for Diversity ........................................................... 16

Exposure to Aircraft Noise .......................................................................................... 18

6. Strategic Considerations .................................................................................. 20

Why is an Amendment required? ................................................................................ 20

Does the Amendment implement the objectives of planning and address any

environmental, social and economic effects? .............................................................. 21

Does the Amendment address relevant bushfire risk? ................................................ 21

Does the Amendment comply with the requirements of any Minister’s Direction

applicable to the Amendment?.................................................................................... 22

Does the Amendment support or implement the State Planning Policy Framework

(SPPF)? ...................................................................................................................... 22

Does the Amendment support or implement the Local Planning Policy Framework

(LPPF)? ...................................................................................................................... 25

Does the Amendment make proper use of the Victoria Planning Provisions? ............. 27

How does the Amendment address the views of relevant agencies? .......................... 28

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Does the Amendment address the requirements of the Transport Integration Act 2010?

................................................................................................................................... 28

What impact will the new Amendment have on the resource administrative costs of the

responsible authority? ................................................................................................. 29

7. Conclusion ........................................................................................................ 30

Glossop Quality System

Project Manager MG Checked By CG

Date Issue November 2015 Revision Number

The intellectual property contained in this document remains the property of Glossop Town Planning. This report has been prepared on behalf of and for the exclusive use of the Glossop Town Planning’s client. It is subject to and issued in connection with the provisions of the agreement between Glossop Town Planning and its client. Glossop Town Planning

accepts no liability or responsibility whatsoever for or in respect of any use of or reliance upon this report by any third party.

p.3


1. Introduction

This planning report has been prepared on behalf of Melbourne Water Corporation (trading

as Melbourne Water) and accompanies an application for an amendment to the Hume

Planning Scheme.

Melbourne Water is one of the State’s 19 water corporations and is owned by the Victorian

Government. It provides bulk water and bulk sewerage services to water corporations in

the Melbourne metropolitan area and manages rivers, creeks and major drainage systems

in the Melbourne, Port Phillip and Westernport regions.

Melbourne Water is the landowner of the site at 8-20 & 22-28 Phillip Street, Dallas. It

comprises a large, irregularly shaped parcel of land which contains a large at-grade water

storage tank which is located close to the site’s eastern boundary. The balance of the site

is undeveloped.

As a public authority and government agency, Melbourne Water has obligations under the

Victorian Government Landholding Policy and Guidelines (Department of Treasury and

Finance, 2015) to not retain land where it does not (inter-alia) ‘contribute directly to current

or future service delivery outcomes expected of agencies’.

The undeveloped section of the land south of the tank site does not directly contribute to

current or future service delivery outcomes and has been identified as surplus to

Melbourne Water’s requirements.

Aerial Photograph taken 4 October 2015 (Source: www.nearmap.com)

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This application proposes to rezone part of the site from a Public Use Zone 1 (PUZ1 -

Service & Utility) to a Mixed Use Zone (MUZ). It also proposes to apply a Development

Plan Overlay (DPO) to the site and introduce a new Site Specific provision in the Schedule

to Clause 52.03 ‘Specific Sites and Exclusions’.

The rezoning of the land will allow Melbourne Water to dispose of this surplus land in

accordance with State Government requirements.

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2. The Subject Site and Surrounds

The Subject Site

The subject site is at 8-20 Phillip Street and part of 22-28 Phillip Street in Dallas. It forms

the southern section of a larger parcel of land that is known as the Broadmeadow Service

Reservoir Site.

The reservoir site has abuttal to Phillip Street to the south, Inverloch Crescent to the west

and Blair Street to the east. It contains a large at-grade water tank with the balance of the

land being undeveloped. Mature trees and shrubs are scattered throughout the site. High

cyclone fencing extends around the perimeter of the site.

Cadastral Map (Source: land.vic.gov.au)

The southern portion of the land (the subject site) is surplus to Melbourne Water’s

requirements and is the area that is subject to the proposed Amendment.

The subject site covers a total area of approximately 1.155ha.

The Surrounds

The subject site is located within a mostly residential area, which is characterised by low scale, single and double storey detached dwellings.

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The site’s immediate interfaces are described as follows:

North: The balance of the Broadmeadows Service Reservoir Site extends along the

subject site’s northern boundary. This area contains the large water tank surrounded

by trees and vacant land scattered with vegetation.

East: 2 Phillip Street is an industrial zoned parcel of land. It contains two single storey

brick buildings set amongst a scattering of mature trees. It is currently used as a

service depot. A planning scheme amendment has been lodged with Council to rezone

the land to Mixed Use.

South: Dallas Shopping Centre is located on the south side of Phillip Street. It

contains two supermarkets, a range of specialty shops and at-grade car parking.

West: 1, 3, 5, 7 & 9 Inverloch Crescent are located opposite the subject site. Each

property comprises a single storey dwelling, fronting the street.

Locality Plan (Source: www.land.vic.gov.au)

Subject Site

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The subject site is in proximity to a range of community services and facilities, including:

Bus routes No. 532 and 540 which operate along Blair Street, approximately 60m to the

east;

Ilim College approximately 130m to the north-west;

Gibb Reserve, approximately 130m to the north;

Hume Valley School, approximately 250m to the south-west;

Coolaroo Train Station, approximately 1.6km to the north-west;

Dallas Shopping Centre, immediately to the south; and

Broadmeadows Shopping Centre, approximately 1.0km to the south-west.

The site and surrounds falls under the flight path of Melbourne Airport’s 09-27 (east-west)

runway, which is approximately 7.27km to the west (as the crow flies).

Ultimate Capacity – Australian Noise Exposure Forecast (Source: Melbourne Airport Master Plan)

Subject Site

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3. Current Planning Controls

Zone

The subject site is currently zoned Public Use Zone 1 (PUZ) under the Hume 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, PUZ1 identifies land for service and utility.

Zoning Map (Source: www.land.vic.gov.au)

Land surrounding the subject site comprises:

General Residential (GRZ1) zoned land to the west;

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A discrete parcel of Industrial (INZ3) zoned land to the south-east. We understand that

a planning scheme amendment is afoot to rezone this land to Mixed Use Zone (MUZ);

General Residential (GRZ1) zoned land to the east;

Commercial (C1Z) zoned land to the south; and

Public Use (PUZ1) zoned land to the north.

Overlays

The subject site is subject to the Melbourne Airport Environs Overlay - Schedule 2

(MAEO2).

The Purpose of the Melbourne Airport Environs Overlay is:



To ensure that land use and development are compatible with the operation of

Melbourne Airport in accordance with the relevant airport strategy or master plan

and with safe air navigation for aircraft approaching and departing the airfield.

To assist in shielding people from the impact of aircraft noise by requiring

appropriate noise attenuation measures in dwellings and other noise sensitive

buildings.

To provide for appropriate levels of noise attenuation depending on the level of

forecasted noise exposure.

More specifically, the Purpose of MAEO2 is:

To identify areas that are or will be subject to moderate levels of aircraft noise based

on the 20-25 Australian Noise Exposure Forecast (ANEF) contours and to limit use and

development to that which is appropriate to that level of exposure.

MAEO2 sets out a number of requirements for use, development and subdivision of land.

Relevantly, a planning permit is required to:

Use land for a range of sensitive uses (including accommodation, education centre,

office and place of assembly);

Construct a building or construct or carry out works for a use that requires a permit

under this overlay; and

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Subdivide land. Each lot must be at least 300 square metres. A permit can be granted

to create smaller lots if they are not used for accommodation or provided the average

area of all lots is not less than 300 square metres.

Melbourne Airport Environs Overlay Map (Source: www.land.vic.gov.au)

Notice of any application must be given to the airport lessee company of Melbourne Airport

in accordance with Section 52(1)(c) of the Act.

The surrounding land is affected by the following overlays:

Melbourne Airport Environs Overlay 2, which extends to the east, west and south of the

subject site; and

Melbourne Airport Environs Overlay 1, which affects land to the north of the subject

site.

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4. The Proposed Amendment

The application proposes to amend the Hume Planning Scheme by:

Rezoning the subject site from a Public Use Zone 1 (PUZ1) to a Mixed Use Zone

(MUZ);

Applying a new Schedule to the Development Plan Overlay (DPO) to the site; and

Introducing a new Incorporated Document in the Schedule to Clause 52.03 and Clause

81.01.

Cadastral Map Land subject to amendment outlined in red

Why is the Amendment required?

Melbourne Water has determined that the subject site is surplus to its requirements. On

this basis, Melbourne Water is required to dispose of the land pursuant to its obligations as

a government agency.

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):

- 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.

p.12


- 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 GLM1 (our emphasis).

A ‘first right of refusal’ for the purchase of the land was offered to Government agencies

and the local council in accordance with the Department of Treasury and Finance’s

requirements. Despite initial positive responses from Hume City Council, the land was not

acquired.

Accordingly, the authority must now put the site to the market for disposal to fulfil

obligations under State policy.

Proposed Planning Scheme Changes

Zoning

In accordance with the Victorian Government Land Monitor’s (VGLM) policy, the land must

be rezoned to facilitate the future sale of the asset, so that Melbourne Water can fulfil its

disposal obligations.

It is proposed that an appropriate zone for the subject site is Mixed Use (MUZ), which

facilitates a mixture of commercial and residential land uses. These uses will complement

the existing uses which already occur within the vicinity of the site.

Development Plan Overlay

To manage the future development outcomes of the site, it is also proposed to introduce a

Schedule to the Development Plan Overlay (DPO). The DPO is an appropriate tool to

ensure that an integrated development outcome will be achieved on the site.

1 Victorian Government Local Monitor

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Under the provisions of the DPO, a permit must not be granted to use or subdivide land or

to construct a building or construct 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.

In summary, it is proposed that the Schedule to the DPO contain the following

requirements for any Development Plan:

The development of land for the purpose of an integrated mixed use development in an

apartment format.

The provision of active retail and commercial uses at ground floor level, with dwellings

provided at upper levels.

Appropriate density controls to meet the intent of the Melbourne Airport Environs

Overlay – Schedule 2.

Appropriate noise attenuation measures within the development to meet the

requirements of the Australian Standard 2021:2015 Acoustics – Aircraft noise intrusion

– Building siting and construction and limit potential adverse impacts from aircraft

noise.

Appropriate height requirements, having regard to the site’s strategic context.

A landscaping concept plan for the site.

The provision of a mechanism to require future lots to be encumbered by a Section 173

agreement registered on title (see below for further information).

Melbourne Airport Environs Overlay

It is proposed to retain the Melbourne Airport Environs Overlay – Schedule 2 over the land.

However, an alteration to its subdivision provision is proposed through the introduction of a

site specific control (discussed below).

Clause 52.03 – Specific Sites and Exclusions

It is proposed to introduce a new incorporated document in the Schedule to Clause 52.03.

Pursuant to Clause 52.03, an incorporated document at this Schedule can be used to:

Allow the land to be used or developed in a manner that would otherwise be prohibited

or restricted;

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Prohibit or restrict the use or development of the land beyond the controls that may

otherwise apply; or

Exclude any other control.

Specifically, it is proposed to introduce a new incorporated document at this clause which

varies the subdivision control within the Melbourne Airport Environs Overlay – Schedule 2.

It is proposed that the incorporated document provide the following wording:

Despite the provisions of Clause 45.08-3 of the Melbourne Airport Environs Overlay

and Clause 3.0 of Schedule 2 to the Melbourne Airport Environs Overlay, a planning

permit can be granted to create lots smaller than 300 square metres for

accommodation, provided the development is generally in accordance with the

Development Plan prepared for the site and endorsed by the responsible authority.

Section 173 Agreement

In order to provide a further level of comfort to Council, future landowners and the

operators of Melbourne Airport, it is also proposed for the Amendment to include provision

for the development of a Section 173 agreement (required and enforced through the

Development Plan Overlay).

The agreement should be drafted to contain provisions which:

Disclose on all titles that the land is in an area affected by aircraft noise.

Limit the number of residential lots by preventing further subdivision of the site following

the initial subdivision of the land to create lots for accommodation uses.

Require that all parts of the development to be used for accommodation be noise

attenuated in accordance with Australian Standard AS 2021-2015, Acoustics – Aircraft

Noise Intrusion – Building Siting and Construction.

This approach has been adopted in Amendments C142 and C154 to the Hume Planning

Scheme. In both cases, the use of the Section 173 Agreement was supported by

Melbourne Airport and in the case of Amendment C154, was endorsed by an independent

planning panel.

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Consultation with Council and Melbourne Airport

There has been extensive consultation with Hume City Council regarding the potential rezoning of the land.

Melbourne Water and Glossop Town Planning met with Council’s Strategic Planning

Department on 8 December 2014 to seek Council’s views on the rezoning of the land for

residential purposes.

By letter dated 22 December 2014, Council advised that a conventional residential

development would not be supported due to the noise implications for townhouse or

detached format dwellings in the context of Melbourne Airport’s strategic role.

On 19 January 2015, Melbourne Water and Glossop Town Planning met with Melbourne

Airport to discuss the proposal.

By letter dated 25 February 2015, Melbourne Airport advised that it did not support the

proposed rezoning of land to a residential zone.

On 3 September 2015, Glossop Town Planning and Melbourne Water met with Hume City

Council to discuss options for the site. At this meeting, Council indicated that it would

consider supporting a revised mixed use proposal that:

Addressed the requirements of the Melbourne Airport Environs Overlay, in terms of

use, development and noise attenuation.

Provided greater noise attenuation than ‘conventional’ residential development, given

its proximity to the flight path to and from Melbourne Airport.

Provided a format of housing that would contribute to the diversity of dwelling stock

within the municipality.

The proposal set out as part of this amendment request meets the criteria set by Council

for an appropriate development of the site.

In the following sections of this report, we provide an assessment of the strategic merits of

the proposal.

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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.

The current Public Use Zone (PUZ1) reserves the land for public uses and more

specifically for service and utility purposes. Melbourne Water has declared that the land is

surplus to its requirements and therefore the existing PUZ1 is no longer an appropriate

zone. The land must be rezoned to achieve a highest return for Melbourne Water to

facilitate its disposal.

The subject land is vacant and contains only a scattering of mature trees. It is also located

within an area that comprises a range of commercial and residential land uses. The

proposal to rezone the land to a Mixed Use Zone will complement these existing uses.

Importantly, the proposed zone will provide for a range of uses, including residential, retail,

commercial and medical, that can serve as both a complementary function and service

catchment to the existing Dallas Shopping Centre, which is immediately to the south of the

subject site.

The Dallas Shopping Centre is designated as a Neighbourhood Activity Centre in the

Hume Planning Scheme. This provides an excellent opportunity for further redevelopment

of land adjacent to this activity centre and can facilitate increased residential densities.

This is supported by relevant activity centre and housing policies contained within the State

and Local Planning Policy Frameworks.

The surrounding area is also serviced by a wide range of community facilities, including

schools, public open space and also public transport. It is also in proximity to

Broadmeadows Shopping Centre, which is identified as a Metropolitan Activity Centre

under Plan Melbourne.

Demographic and Policy Demand for Diversity

Plan Melbourne, the metropolitan planning strategy, posits that an additional 25,000-

35,000 apartments will be required in the northern subregion to help meet housing

requirements for an additional 400,000-470,000 residents by 2031.

At a local level, the Hume Council Plan 2013-2017 (updated 2015) identifies that the City

has a population of 193,000 in 2015 and that it is predicted to reach 346,000 by 2041. To

meet this population demand, the Plan identifies that community expectations to 2040

require housing for all ages and stages of life through the provision of a diverse range of

appropriate housing options and residential development, as well as accessible and

affordable housing.

The City of Hume contains a relatively homogenous housing stock.

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2011 Census data from the Australian Bureau of Statistics (ABS) indicates that 87% of the

City’s dwellings comprise separate detached dwellings. When accounting for semi-

detached townhouses as well, this stock makes up 90% of the City’s housing product, with

less than 5% of stock comprising flats, units or apartments.

The majority of the City’s housing product is also 3 bedrooms or more, with only 8.5% of all

houses comprising 1-2 bedrooms. While the average household size is 3.1 persons, the

data also indicates that in 43% of households, only 1-2 persons are “usually resident”.

At a suburb level, the Census data for Dallas is fairly consistent with the wider municipality,

although there was one appreciable difference - only 4% of Dallas’ housing stock

comprised apartment buildings and this was exclusively in a low scale, 1-2 storey form.

The lack of diversity in dwelling stock is acknowledged as a significant challenge for the

Council’s strategic direction within its planning scheme.

At Clause 21.02 ‘Community Wellbeing’, one of the key challenges is to increase the

range of housing types to meet the changing accommodation and lifestyle needs of the

community. It also identifies that rental housing stock in Broadmeadows and Dallas is

substandard and in need of maintenance and repair.

Specific directions for housing in Dallas can be found at Clause 21.06-3 ‘Dallas, Coolaroo

and Campbellfield Neighbourhood’ of the Scheme. The overarching objective for

housing in this location is:

To provide for a range of quality housing opportunities in the neighbourhood.

This is supported by strategies which include:

Encourage a range of housing types and sizes to be developed in residential areas,

particularly one and two bedroom houses.

Encourage higher density residential housing to be developed in close proximity to the

Broadmeadows Railway station and Dallas shopping centre.

Limit residential densities and discourage noise sensitive uses from establishing in

areas that are or will be subject to high levels of aircraft noise exposure (emphasis

added).

The proposed rezoning and application of the Development Plan Overlay will facilitate a

land use and development outcome that address the demand for a diversity in dwelling

style by providing a mixed use apartment format development. It will also support the role

of the Dallas Shopping Centre and provide housing that responds to population growth.

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Exposure to Aircraft Noise

The subject site is located approximately 7.27 kilometres east of Melbourne Airport’s

09L/27R east-west runway.

The Melbourne Airport Master Plan 2013 identifies that, under future capacity modelling,

the subject site falls within the 20 Australian Noise Exposure Forecast (ANEF) Contour.

Land which falls within 20 ANEF (or higher) is subject to aircraft noise which may dominate

noise from other sources. The Australian Standard 2021:2015 identifies that residential

development within the 20 ANEF contour will need to incorporate measures to protect

against aircraft noise intrusion.

Table 2.1 to AS2021:2015 identifies that a ‘house, home unit, flat, caravan park’ is

‘conditionally acceptable’ within 20-25 ANEF and that land use authorities may consider

that the incorporation of noise control features in the construction of residences or schools

is appropriate.

Melbourne Water has engaged Vipac Engineers and Scientists to undertake an

assessment of the level of aircraft noise exposure on the land, having regard to the ANEF

for Melbourne Airport, the Melbourne Airport Master Plan and the relevant Australian

Standard.

The report identifies that, based on proximity to the runway, the subject site is likely to be

subject to aircraft noise exposure in the range of 67-74 dBA for take-off and landing of

domestic and international flights.

To meet the relevant indoor noise criteria, acoustic treatment is required to reach an

aircraft noise reduction level of 24 dB to sleeping areas and 19 dB to lounge areas.

The report recommends that any future development at the subject site be designed to

achieve:

Minimum acoustic performance of the building envelope for sleeping areas is Rw 29dB.

Applicable for glazing, external walls and roof.

Minimum acoustic performance of the building envelope for living areas is Rw 24 dB.

Applicable for glazing, external walls and roof.

The report concludes that if the recommendations in the report are adopted, the proposal

can achieve compliance with AS2021:2015 in terms of indoor noise levels for residential

development.

Standard double glazing treatments and other acoustic measures are able to achieve a

weighted noise reduction anticipated by the recommendations of this report. Such

measures to achieve this compliance would include the use of standard double glazing to

p.19


window, acoustic seals to doors and insulation within walls or the use of acoustic treated

wall materials such as Gyprock Soundchek.

For further information, please refer to the acoustic report prepared by Vipac Engineers

and Scientists prepared in support of this amendment request.

Importantly, the existing MAEO2 will remain on the land. Pursuant to this overlay, a permit

is still required for some uses, buildings and works and subdivision. Melbourne Airport will

continue to be given notice of any permit application and can make an appropriate

determination about whether any future proposal for the development of the land

incorporates suitable noise attenuation measures to mitigate against aircraft noise.

p.20


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.

Why is an Amendment required?

Melbourne Water 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, as required by Government

policy. 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. Melbourne Water 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 of the land, as it is inappropriate to retain the land within a

Public Use Zone. To comply with this requirement, an amendment to the Hume Planning

Scheme is required.

The proposed rezoning of the land from Public Use Zone 1 to Mixed Use Zone reflects the

most appropriate use of the subject site.

To ensure appropriate use and development outcomes, it is also proposed to apply a new

Schedule to the Development Plan Overlay to the subject site, retain the Melbourne Airport

Environs Overlay – Schedule 2 and introduce an incorporated document to the Schedule to

Clause 52.03.

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 retention of the MAEO will ensure that the land can be developed appropriately and

maintain the views of Melbourne Airport throughout any development process.

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 meaningfully contribute to housing diversity needs within

Dallas and Hume more broadly in a location that will provide a complementary service role

to the existing commercial and community facilities in the Dallas Shopping Centre.

p.21


Does the Amendment implement the objectives of planning and address any

environmental, social and economic effects?

Environmental Effects

The proposal is not considered to have significant environmental impacts. An arboricultural

assessment has determined that much of the site’s vegetation is of a low retention value.

The land is not located near any waterways or sensitive environmental corridors. A flora

and fauna study can be required as part of the Development Plan.

Social Effects

The amendment will facilitate the development of vacant land that has become surplus to

Melbourne Water’s 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 land by Melbourne

Water.

It will facilitate the redevelopment of a currently vacant and underutilised site for

residential and mixed use purposes.

The commercial offering can provide a complementary and supporting function to the

existing Dallas Shopping Centre and generate employment within the municipality.

The residential use of the land complements the existing uses of the surrounding area.

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 subject site is not a bushfire prone area and will not result in any increase to the risk to

life, property, community infrastructure and the natural environment from bushfire.

p.22


Does the Amendment comply with the requirements of any Minister’s

Direction applicable to the Amendment?

This amendment is consistent with the Ministerial Direction on the Form and Content of

Planning Schemes under Section 7(5) of the Act.

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 Dallas within the Northern Subregion. The population within this

Subregion is expected to grow by between 400,000 to 470,000 people by 2031. To

accommodate the expected population growth, it is expected that an additional 140,000 to

180,000 dwellings will be required by 2031. The subject site is located in an Urban Area

within the Metropolitan Urban Boundary and is in close proximity to the Broadmeadows

Metropolitan Activity Centre, which is a Place of State Significance.

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 DPO will ensure that the future

development outcome is appropriate at this location.

The proposed amendment complies with the Ministerial Direction. 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 in this section of this report.

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:

p.23


- Clause 15.01 Urban Environment;

- Clause 15.02 Sustainable Development;

Clause 16 – Housing;

Clause 17 – Economic Development; 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 by delivering new

housing to meet community need in terms of population growth and housing diversity in an

area with good access to services and transport.

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 and opposite an

existing Neighbourhood Centre. The proposed amendment facilitates an orderly infill

development consolidation opportunity on land within an existing residential area and

Neighbourhood Centre.

Clause 12 ‘Environmental and Landscape Values’ seeks to ensure that planning

protects sites that have environmental and landscape values.

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The site has limited environmental and landscape values. An arboricultural assessment

has been prepared by Stem Arboriculture and accompanies this application. The

assessment relevantly concludes that most vegetation on the land is of medium to low

retention value and that some vegetation poses a risk to safety. Any future development

proposal can appropriately retain significant vegetation as necessary.

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 residential development in an apartment format. It will also set

out requirements with regard to built form, 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

north of an existing Neighbourhood Centre and immediately west of an existing bus stop.

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. The subject site can also be considered a strategic

redevelopment site for the purpose of Clause 16.01-3 ‘Strategic Redevelopment Sites’

in that it can provide 10 or more dwellings close to a neighbourhood centre and well served

by public transport.

Clause 17 ‘Economic Development’ seeks to provide for a strong and innovative

economy and contribute to the economic well-being of communities by fostering economic

growth. It also encourages development which meets the communities’ needs for retail,

entertainment, office and other commercial services and provides a net community benefit.

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 a bus stop that services Broadmeadows Metropolitan Activity Centre. The

proximity to existing public transport facility promotes the use of more sustainable modes

of transport.

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Clause 18.04-1 ‘Melbourne Airport’ has a strategy to ensure that new use and

development does not prejudice the optimum usage or curfew-free status of Melbourne

Airport.

The proposed Development Plan Overlay Schedule will include requirements for strong

noise attenuation measures to be incorporated into any future development to meet the

Australian Standard 2021:2015 - Acoustics – Aircraft noise intrusion – Building siting and

construction. The provision of these measures in an apartment format development will

provide a high level of protection against aircraft noise. Future residents will also be made

aware that the land is affected by aircraft noise via a Section 173 agreement and the

Melbourne Airport Environs Overlay is retained, ensuring that the views of Melbourne

Airport can be sought in the preparation of the Development Plan. This will assist in

protecting the ongoing operation and curfew free status of the Airport.

Does the Amendment support or implement the Local Planning Policy

Framework (LPPF)?

The following Clauses of the Municipal Strategic Statement (MSS) are relevant to the

proposed amendment:

Clause 21.02 – Community Wellbeing;

Clause 21.03 – Economy;

Clause 21.06 – Local Areas; and

Clause 21.07 – Activity Centres and Retailing.

Clause 21.02 ‘Community Wellbeing’ acknowledges that providing a diversity of housing

types and densities is a key issue. It also notes that one and two bedroom dwelling stock is

a particular need within the City. In turn, a key objective is:

To provide access to a range and quality of housing opportunities that meet the varied

needs of existing and future residents.

Clause 21.03 – ‘Economy’ has an objective to support, retain and encourage

development of the business sector to help foster and support local employment.

Clause 21.06-3 ‘Dallas, Coolaroo & Campbellfield Neighbourhood’ provides the

strategic guidance for land use and development within Dallas. It relevantly seeks to

provide for a range of quality housing opportunities within the neighbourhood. It

encourages a range of housing types and sizes to be developed, including one and two

bedroom houses in higher densities near the Dallas Shopping Centre. It also seeks to limit

residential densities in areas that are subject to high aircraft noise. The Dallas, Coolaroo

p.26


and Campbellfield Structure Plan at this clause locates the subject site immediately

opposite the Dallas Neighbourhood Centre.

Dallas, Coolaroo and Campbellfield Structure Plan (Clause 21.06-2)

Clause 21.07 ‘Activity Centres’ identifies Dallas as a Neighbourhood Centre. In this area,

the strategic guidance in the MSS relevantly includes an objective:

To create attractive and accessible mixed use activity centres.

It is supported by strategies which seek to:

Provide diverse business spaces, catering for the needs of small independent

businesses through to major retail chains.

Subject Site

p.27


Integrate housing into activity centres, including supermarket based neighbourhood

activity centres.

Further guidance specifically for neighbourhood centres seeks to ensure that these centres

perform the role of primary food and convenience centres for existing and new

communities.

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 mixed use development at

a medium density;

The Mixed Use zoning of the land will provide for the establishment of commercial and

retail land uses which will support local employment and the business sector more

broadly;

The land will serve a complementary and service function to the existing Dallas

Shopping Centre; and

The proposed requirements of the schedule to DPO will ensure that the housing

product will meet the evolving demands of the residents and address housing gaps in

terms of dwelling typology and size.

Does the Amendment make proper use of the Victoria Planning Provisions?

The Purpose of the Mixed Use Zone is:



To provide for a range of residential, commercial, industrial and other uses which

complement the mixed-use function of the locality.

To provide for housing at higher densities.

To encourage development that responds to the existing or preferred neighbourhood

character of the area.

To facilitate the use, development and redevelopment of land in accordance with the

objectives specified in the schedule to this zone.

p.28


The subject site is located within a broad established residential area (zoned General

Residential) and opposite the Dallas Shopping Centre, which is in the Commercial 1 Zone.

The use of the Mixed Use Zone on this land is the appropriate tool to encourage the most

appropriate underlying use of the site to provide a transition between the commercial core

of the Dallas Shopping Centre and the broader residential area.

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 the Development Plan Overlay 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 use of the Specific Sites and Exclusions clause will ensure that an appropriate

development can be achieved, having regard to the need to balance urban consolidation

initiatives (and this site’s location adjacent to a Neighbourhood Centre) with the need to

limit exposure to aircraft noise under the Melbourne Airport Environs Overlay. The strategic

analysis undertaken by Vipac Engineers and Scientists indicates that aircraft noise can be

mitigated within an apartment format development. In balancing these interests, it therefore

is appropriate to provide some flexibility in future development intensity to meet future

housing need within the City.

The application of these controls makes proper use of the VPPs and will not make any

existing provisions in the Hume Planning Scheme redundant.

How does the Amendment address the views of relevant agencies?

Melbourne Airport has been consulted as part of the preparation of this Amendment. Its

further views and the views of other relevant agencies can be further sought as part of the

amendment process.

Future preparation of the Development Plan to guide development of the site can also

incorporate informal referral or notice requirements to seek the views of Melbourne Airport

and other relevant agencies.

Does the Amendment address the requirements of the Transport Integration

Act 2010?

Melbourne Airport and its associated flight paths are key elements of Victoria’s and the

nation’s transport network and economic infrastructure. Melbourne Airport’s curfew-free

p.29


status is a key advantage for Victoria. The protection of flight paths and identification of

aircraft noise affected areas is consistent with the objectives of the Transport Integration

Act 2010 and with policy statements embedded in the State Planning Policy Framework

since the 1990s.

The Amendment is consistent with this policy direction. The Development Plan Overlay

incorporates a provision to require that dwellings are constructed with noise attenuation

measures that meet Australian Standard 2021-2015 Acoustics – Aircraft noise intrusion –

Building siting and construction.

The amendment is not envisaged to have a significant effect on the transport system. The

Development Plan Overlay will require a Traffic Impact Assessment to assess the detailed

proposal to ensure that transport considerations are taken into account in the design

response.

What impact will the new Amendment have on the resource 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. The amendment is not anticipated to

result in an unreasonable increase in the number of applications to be considered by

Council.

p.30


7. Conclusion

The proposed planning scheme amendment is appropriate for the following reasons:

The subject site is surplus to Melbourne Water’s requirements. As a government

authority, Melbourne Water has obligations under Government policy to dispose of the

landholding.

Melbourne Water has followed the requirements of the 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 and Melbourne Water must now dispose of the site via a public sales

process.

In accordance with the VLGM’s requirements, the most appropriate zoning for the land

must be put in place before the sale of the land. This proposal meets this requirement.

The subject site is located adjacent to the Dallas Neighbourhood Centre and public

transport options. It is ideally located to support a diversity of housing in the

municipality, by providing a format of development that comprises less than 10% of the

City’s housing stock.

The Mixed Use Zone is the most appropriate zone for the land and supports the

relevant objectives of the State and Local Planning Policy Frameworks.

The proposal will achieve a net community benefit by facilitating use and development

outcomes that will strengthen the role of the adjacent Dallas Neighbourhood Centre,

provide diversity in housing type and deliver additional housing to meet population

growth.

The proposed Schedule to the DPO provides clear direction on the future development

of the site. It outlines the site specific issues that require resolution before the

development of the land can occur.

Future land use and development is capable of satisfactorily attenuating exposure to

aircraft noise in accordance with the Australian Standard 2021:2015 - Acoustics –

Aircraft noise intrusion – Building siting and construction.

The use of the Specific Sites and Exclusions Schedule is justified in balancing the

exposure to aircraft noise with the opportunity to meet housing diversity and growth

challenges and strengthen the role of the adjacent Neighbourhood Centre.

p.31


The amendment provides a fair, orderly and transparent process for the rezoning of the

site.

On the basis of these reasons, the Amendment should be supported.

GLOSSOP TOWN PLANNING PTY LTD

November 2015

Documents

Planning Scheme Amendment Request Town Planning Level 1, 182 Capel St, North Melbourne, VIC 3051 p.(03) 9329 2288glossopco.com.au f.(03) 9329 2287 Planning Scheme Amendment Request