Planning and Environment Act 1987 BOROONDARA PLANNING SCHEME AMENDMENT C108 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the City of Boroondara, which is the planning authority for this amendment. The amendment has been made at the request of the City of Boroondara. Land affected by the amendment. The amendment applies to all land in the 31 Neighbourhood Centres and three Commercial Corridors, as defined by the Neighbourhood Centres and Commercial Corridors Guidelines 2014. Refer to Map 1 for an illustrative guide of the land affected by the amendment. What the amendment does. The amendment updates the Municipal Strategic Statement, updates and replaces the interim local planning policy and Design and Development Overlay controls with permanent planning provisions including a revised / consolidated Land Use and Urban Design Policy and Schedule to the Design and Development Overlay, corrects a mapping anomaly, deletes redundant controls, gives effect to the Neighbourhood Centres and Commercial Corridors Guidelines 2014 and replaces the Table of Contents to the planning scheme. Amendment C108 proposes to: Municipal Strategic Statement (MSS) Amend Clause 21.01 'Setting the Scene' to modify the policy references. Amend the renamed Clause 21.08 'Activity Centres, Neighbourhood Centres and Commercial Corridors' to update the introduction, correct policy anomalies, include the new neighbourhood centre and commercial corridor local policy and implementation measures; and modify the reference documents. Amend Clause 21.14 ' References' to replace the Boroondara Activity Centres Strategy 2011 and Balwyn Structure Plan 2009 with the Neighbourhood Centres and Commercial Corridors Guidelines 2014. Local Planning Policy Framework (LPPF) Amend Clause 22.01 'Advertising Signs Policy' to reflect the renaming of the centres and corridors to neighbourhood centres and commercial corridors. Amend Clause 22.04 'Discretionary Uses in Residential Areas Policy' to modify the introduction and remove reference to the transitional arrangements. Amend the renamed Clause 22.10 'Neighbourhood Centres and Commercial Corridors Land Use and Urban Design Policy' to consolidate the land use and urban design policy directions for the centres and corridors into one policy, apply transitional arrangements for planning permit applications received by the responsible authority before the approval date of Amendment C108, update the policy reference, and remove the expiry date associated with the interim (Amendment C107) controls. Amend Clause 22.16 'Out of Centre Development Proposals Policy' to modify the introduction, rename the centres and corridors to neighbourhood centres and commercial corridors, update the policy reference and remove the expiry date associated with the interim (Amendment C107) controls. Design and Development Overlay Amend Schedule 16 to Clause 43.02 Design and Development Overlay (DDO16) to consolidate into one schedule the design objectives, height and setbacks requirements and decision making guidelines for the neighbourhood centres and commercial corridors, modify the transitional arrangements to apply to planning permit applications received by the responsible authority before the approval date of Amendment C108, update the policy reference and remove the expiry date associated with the interim (Amendment C107) controls. Amend provisions in the Boroondara Planning Scheme to correct a mapping anomaly and delete redundant controls as follows: - Amend DDO Map No 5 - to include 5 Tannock Street, Balwyn North, (forming part of the Aldi site in the Greythorn Neighbourhood Centre) in the planning scheme overlay map. - Remove Clause 22.08 - Balwyn Neighbourhood Activity Centre Land Use Policy. (This policy has been consolidated with the amended Clause 22.10.) - Remove Clause 22.12 'Neighbourhood Centres and Enterprise Corridors Urban Design Policy'. (This policy has been consolidated with the amended Clause 22.10.) - Remove Schedule 17 to the Design and Development Overlay - Neighbourhood Activity Centres - Level 2. (This schedule has been consolidated with the amended Schedule 16 to the DDO.) - Remove Schedule 18 to the Design and Development Overlay - Neighbourhood Activity Centres - Level 3. (This schedule has been consolidated with the amended Schedule 16 to the DDO.) - Remove Schedule 20 to the Design and Development Overlay - Enterprise Corridors. (This schedule has been consolidated with the amended Schedule 16 to the DDO.) Amends the Planning Scheme Maps to reflect the permanent planning provisions for the affected properties in the neighbourhood centres and commercial corridors. Strategic assessment of the amendment Why is the amendment required? Amendment C108 replaces the interim provisions with revised permanent planning provisions and gives statutory effect to the Neighbourhood Centres and Commercial Corridors Guidelines, 2014. The planning provisions provide mandatory building heights and setbacks across all neighbourhood centres and commercial corridors to ensure that the established streetscape character of the centres and corridors is maintained and enhanced. The land use provisions encourage mixed use development outcomes that support the local community and ensure that the centres and corridors remain vibrant, sustainable and multifunctional destinations. The urban design provisions promote design excellence and high quality contemporary architecture that efficiently utilise the site, enhance the character of the centre or corridor and enhance the public realm. The Guidelines also provide policy guidance for out-of-centre development proposals - i.e. retail, office and commercial development outside the commercial zones, and in particular; the neighbourhood centres and commercial corridors. This amendment supports Clauses 11, 15, 16, 17, 18 and 19 of the State Planning Policy Framework, as it identifies the City’s neighbourhood centres and major employment nodes (ie commercial corridors) and outlines the preferred land uses in the Commercial Zones, scale of development, accessibility and links to the public transport system. How does the amendment implement the objectives of planning in Victoria? The amendment implements the objectives of planning in Victoria, in particular: To provide for the fair, orderly, economic and sustainable use, and development of land To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value. To balance the present and future interests of all Victorians. The amendment provides a framework for future development in the 31 neighbourhood centres and three commercial corridors while aiming to respect the heritage values of the centres and corridors. How does the amendment address the environmental effects and any relevant social and economic effects? The Amendment facilitates positive environmental outcomes by protecting and enhancing the amenity and environmental sustainability of the centres and corridors and promoting housing opportunities close to public transport. It also protects the amenity of current and future residents by facilitating development that is designed to mitigate noise impacts from nearby commercial and transport uses and by providing for a transition in built form between commercial and residential areas. Positive social outcomes will be achieved by providing employment and housing opportunities in proximity to public transport. The amendment supports the diversification of housing opportunities within the centres and corridors, including affordable housing to meet the needs of current and future residents. The Amendment achieves positive economic outcomes by facilitating the efficient development of underutilised land and buildings and mixed use development that will contribute to the longer term economic viability and vitality of the neighbourhood centres and commercial corridors. Does the amendment address relevant bushfire risk? The amendment applies to an urban area and will have no impact on bushfire risk. Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment is consistent with the Ministerial Directions on the Form and Content of the Planning Scheme under section 7(5) of the Planning and Environment Act 1987. The amendment is affected by Ministerial Direction No. 9 - Metropolitan Planning Strategy, which seeks to ensure that amendments have regard to the Metropolitan Planning Strategy, The amendment is consistent with the Plan’s objective to create 20 minute neighbourhoods, in particular, Directions 4.1 and 4.2, which support a network of vibrant neighbourhood centres that maintain their village character and feel, enable a mix of goods and services, and protect against inappropriate development. The amendment complies with Ministerial Direction 11 Strategic Assessment of Amendments under Section 12 of the Planning and Environment Act 1987. How does the amendment support or implement the State Planning Policy Framework? The amendment supports and seeks to implement the State Planning Policy Framework, in particular, Clause 11 Settlement, Clause 15 Built environment and heritage, Clause 16 Housing, Clause 17 Economic development and Clause 18 Transport. The amendment: Promotes appropriate consolidation of urban development and integration of land use and transport (Clause 11.01-2 – Activity Centre Planning, Clause 11.04-2 Activity Centre Hierarchy); Encourages high-quality urban design that enhances the liveability, diversity, amenity and safety of the public realm (Clause 15.01-1– Urban Design and Clause 15.01-2 - Urban Design Principles); Encourages a diversity of new housing in or close to activity centres, strategic redevelopment sites and employment corridors ( Clause 16.01-1 - Integrated Housing, Clause 16.01-2 - Location of Residential Development, Clause 16.01-4 - Housing Diversity, Clause 16.01-3 Strategic Redevelopment Sites); Manages out of centre development ( Clause 17.01-2 Out of Centre Development); Provides net community benefit in relation to accessibility, efficient infrastructure use and the clustering of commercial facilities in highly accessible locations (Clause 18.01-1 – Land use and Transport Planning); and Encourages the integration of public transport services and bicycle networks in new development, and the efficient provision of car parking (Clause 18.01-1 – Land use and Transport Planning, Clause 18.02-5 Car Parking). How does the amendment support or implement the Local Planning Policy Framework? The amendment is consistent with the Local Planning Policy Framework of the Boroondara Planning Scheme. The amendment implements the City's Vision and Mission, as outlined in the Municipal Strategic Statement (MSS), to facilitate appropriate development and preserve and enhance the amenity of Boroondara's high quality urban environment. Does the amendment make proper use of the Victoria Planning Provisions? The amendment makes proper use of the VPPs by updating and expanding the municipality's local policies to provide enhanced policy guidance for the use and development of land in Boroondara's neighbourhood centres and commercial corridors. The amendment also applies Schedule 16 to the Design and Development Overlay to facilitate positive built form outcomes that preserve and enhance the character and amenity of the area. How does the amendment address the views of any relevant agency? The views of relevant agencies were sought during the public exhibition process. Does the amendment address relevant requirements of the Transport Integration Act 2010? The amendment supports the Principal Public Transport Network and the efficient provision of on-site car parking. It is not expected to have any significant impact on the transport system. Resource and administrative costs What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The amendment will not have any significant impact on the resources and administrative costs of the responsible authority. It is expected that any additional workload created by the introduction of the new provisions and Schedule 16 to the Design and Development Overlay can be accommodated within the existing resources of the Council. Where you may inspect this amendment. The amendment is available for public inspection, free of charge, during office hours at the following places: City of Boroondara Planning Customer Service Counter First Floor 8 Inglesby Road Camberwell, 3124 Camberwell Library 340 Camberwell Road Camberwell, 3124 Ashburton Library 154 High Street Ashburton, 3147 Hawthorn Library 584 Glenferrie Road Hawthorn, 3122 Balwyn Library 336 Whitehorse Road Balwyn, 3103 Kew Library Cnr Cotham Road and Civic Drive Kew, 3101 The amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at: www.delwp.vic.gov.au/public-inspection. Map 1: Neighbourhood Centres and Commercial Corridors: Illustrative guide of land affected by Amendment C108
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