Boroondara C108 Explanatory Report Approval Gazetted

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