AGENDA - ORDINARY MEETING OF COUNCIL – 9 JUNE 2015
8.5
AMENDMENT C111 - HEARING OF
SUBMISSIONS
LOCATION/ADDRESS:
SPECIFIC AREAS - CITY-WIDE
GENERAL MANAGER:
CLAIRE FERRES MILES, PLACE STRATEGY &
DEVELOPMENT
PREPARED BY:
AARON HEWETT, STRATEGIC PLANNER
KATRINA TERJUNG, COORDINATOR
STRATEGIC PLANNING
TRIM FILE NO:
66/02/226-02
1. Options
2. Map - Changes to SBO proposed by Amendment
ATTACHMENTS:
C111
3. Consultation Report
4. Summary of Individual Submissions
PURPOSE
To hear presentations from those who have made written submissions to the Planning Scheme Amendment
C111.
1.
RECOMMENDATION
That Council:
2.
1.1
Receives and considers all written and verbal submissions to Amendment C111.
1.2
Extends its gratitude to all submitters and to persons presenting at this meeting.
1.3
Notes that a further report will be presented to the Ordinary Council meeting on 14
July 2015, that will:
•
provide a recommended response to the specific issues raised in submissions; and
•
determine whether to refer Amendment C111 and all submissions to an
independent Planning Panel to be appointed by the Minister for Planning.
BACKGROUND
Review of the SBO
2.1
Amendment C111 seeks to implement the review of the Special Building Overlay (SBO)
undertaken by Council and Melbourne Water.
2.2
The SBO identifies land in urban areas that is liable to inundation (flooding) by overland
flows from the urban drainage system. SBOs are based upon the extent of overland
flooding that would result from a 1 in 100 year storm event.
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AGENDA - ORDINARY MEETING OF COUNCIL – 9 JUNE 2015
2.3
Melbourne Water and Council (as the responsible drainage authorities for main and
local drains respectively) prepare drainage survey and floodplain data that is then
reflected in the planning scheme via the SBO.
2.4
The purpose of the SBO is to ensure that new development is designed to maintain the
free passage and temporary storage of floodwaters, to minimise flood damage and not
cause any significant rise in flood level or flow velocity that may adversely affect existing
properties. It also seeks to protect water quality.
2.5
The effect of the SBO is not to prevent new development. Implementation of the SBO
can however, influence the siting of buildings and set appropriate conditions such as
raised floor levels to address any flood risk to new development.
2.6
The SBO was first introduced into the Port Phillip Planning Scheme in 1998 and covers
both main drains (Melbourne Water) and local drains (Council). Melbourne Water and
the City of Port Phillip (CoPP) are the responsible drainage authorities for relevant
development applications within the SBO.
2.7
Council resolved at the Ordinary Council Meeting on 9 December 2014 to:
•
Prepare Amendment C111 to the Port Phillip Planning Scheme to implement the
review of the Special Building Overlay; and
•
Request the Minister for Planning to authorise the preparation and exhibition of
Amendment C111, and undertake public exhibition subject to Ministerial
authorisation.
2.8
Amendment C111 was submitted to the Department of Transport, Planning and Local
Infrastructure (DTPLI, “The Department”) for authorisation on 17 December 2014.
The Amendment was deemed to be authorised on 5 January 2015.
2.9
The following specific changes to the Port Phillip Planning Scheme are proposed by
Amendment C111 to implement the SBO review:
2.9.1
Modification of the SBO boundaries on planning scheme maps to reflect the
revised flood shape agreed by Melbourne Water and Council (refer map at
Attachment 2). This will alter the SBO to include 10,200 new properties,
retain 17,300 existing properties and remove 500 properties which are no
longer identified as being subject to inundation.
2.9.2
Introduce three local schedules to the SBO which distinguish between areas
subject to inundation in relation to the ‘main’ drainage system (SBO1 and
SBO3 - Melbourne Water drains) and the ‘local’ drainage system (SBO 2 Council drains).
Exhibition Process
2.10
Amendment C111 was placed on public exhibition between 25 February and 8 April
2015.
2.11
Exhibition of the Amendment involved direct notification to approximately 21,000
property owners, notices in the Port Phillip Leader and the Government Gazette, an
article in the March/April edition of ‘Divercity’. This notification was supported by a
range of information including formal amendment documents, an on-line ‘interactive
map’, a series of Fact Sheets and responses to ‘Frequently Asked Questions’.
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AGENDA - ORDINARY MEETING OF COUNCIL – 9 JUNE 2015
2.12
3.
The exhibition process was conducted in line with the endorsed communications plan,
to support an understanding of:
•
the purpose and impacts of the SBO,
•
the role of the SBO within the broader context of flooding issues, and
•
what else Council and Melbourne Water are doing in relation to flood mitigation.
2.13
The Consultation Report at Attachment 3 outlines the consultation process in greater
detail and summarises the position of submitters and the specific issues raised in the
written submissions received.
2.14
A Summary of Individual Submissions is provided at Attachment 4, detailing the issues
raised in each submission.
KEY INFORMATION
Submissions received to Amendment C111
3.1
A total of 58 submissions were received, including three (3) late submissions (at the time
of writing this report). These can be summarised as follows:
•
20 submissions regarding individual properties in Melbourne Water’s drainage areas
(proposed SBO1 and SBO3)
•
36 submissions regarding individual properties in Council’s drainage areas
(proposed SBO2)
•
One submission in relation to the overall approach of the Amendment
•
One submission from an infrastructure provider (South East Water).
3.2
Forty-two (42) submissions sought modification of the Amendment, essentially seeking
the removal of a property (or a group of properties) from the proposed SBO.
3.3
In relation to the remaining submissions, 6 did not indicate a clear position on the
Amendment, five (5) were supportive of the Amendment, three (3) sought other
changes to the Amendment (e.g. addressing climate change, undertaking further policy
development to require stumps instead of more solid foundations, and request to
retaining a property completely within the SBO). Two (2) submissions requested
Council abandon the Amendment.
Key issues raised in submissions
3.4
The following key issues were raised in submissions:
•
Individual properties have not flooded in the past and should not be subject to the
Special Building Overlay (19 submissions)
•
Inaccuracy of the modelling or that modelling does not account for real life flood
events (only computer modelling) (13 submissions)
•
Problems with specific blocked or poorly designed drains near their property (6
submissions)
•
Negative impact on property values (13 submissions)
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AGENDA - ORDINARY MEETING OF COUNCIL – 9 JUNE 2015
3.5
•
Buildings or structures on a property are unaffected (11 submissions)
•
Financial or administrative burden for future development or redevelopment of the
site – including additional costs associated with raising floor levels (11 submissions)
•
Negative impact on insurance premiums (8 submissions)
•
Council and Melbourne Water should maintain and upgrade the drainage system to
cope with overland flows from the 1 in 100 year flood event (5 submissions)
•
The Amendment does not address the impacts associated with climate change,
including sea level rise and an increase in storm events (2 submissions)
•
Further design requirements are required in policy to encourage built form that
would allow flood waters to flow under buildings (1 submission)
The Consultation Report at Attachment 3 outlines in greater detail the issues raised in
the submissions.
Formal Consideration of submissions
3.6
Following the ‘hearing of submissions’ at this meeting, Council will need to formally
consider all written submissions and its options pursuant to the Planning and Environment
Act 1987 being:
•
Option 1: Refer submissions to an independent Planning Panel for review. This
option would enable the amendment process to continue, provide for on-going
community input and, subject to adoption, enable the updated flood shape to be
reflected in the planning scheme.
•
Option 2: Abandon the Amendment.
Council is not able to adopt the amendment at this point, given there are objecting
submissions. These options are outlines at Attachment 1.
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AGENDA - ORDINARY MEETING OF COUNCIL – 9 JUNE 2015
FURTHER SUPPORTING INFORMATION
4.
ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY
4.1
4.2
5.
6.
Implementation of the Special Building Overlay supports the Council Plan Objective 3.1
– “Build resilience through Council action and leadership” through:
•
“improving water quality” and
•
“addressing the impacts of flooding”.
The SBO implements both the State and Local Planning Policy Frameworks relating to
floodplain management, improving the quality of stormwater discharged into Port Phillip
Bay, and reducing the effects of storm-water discharge in terms of pollution and
flooding.
CONSULTATION AND STAKEHOLDERS
5.1
The Consultation Report at Attachment 2 outlines the process that was undertaken
during the exhibition of Amendment C111 and the key consultation messages that were
embedded in all communications material.
5.2
In summary, the following combination of Statutory and Non-Statutory notification of
Amendment C111 was undertaken:
•
Direct Notification (letters) to affected property owners, prescribed authorities
and key stakeholder groups/agencies e.g. Elwood Flood Action Group.
•
Public Notices in the Port Phillip Leader and the Government Gazette
•
Amendment Documents made available for viewing and download (CoPP
website/offices & libraries and DTPLI website)
•
An ‘Interactive Map’ on Council’s website (showing extent of the overlay and
searchable via property address) was made available (and remains available).
•
An article in Divercity (March/April edition).
•
Fact Sheets (Flooding Overview / Special Building Overlay) and answers to
frequently asked questions on Council’s website.
•
Four (4) Information Sessions - where specific individual property information was
made available to owners.
•
Information on the Melbourne Water webpage with links to Council’s webpage and
the interactive map.
•
Telephone enquiry numbers (at both Melbourne Water and Council).
LEGAL AND RISK IMPLICATIONS
6.1
The Consultation Plan assisted in managing community concern, through providing clear
information about the purpose and effect of the SBO, and also highlighting other actions
being untaken by Council to minimise flood risk and impacts.
6.2
Implementation of Amendment C111 is required to update the SBO and accurately
identify all properties at risk of flooding. Any significant delay in implementation would
place Council and affected properties at greater risk.
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AGENDA - ORDINARY MEETING OF COUNCIL – 9 JUNE 2015
6.3
7.
Processing of Amendment C111 has been undertaken in accordance with the
requirements of the Planning and Environment Act 1987. This will provide a fair and
transparent process for community involvement.
SUSTAINABILITY – Triple Bottom Line
7.1
ENVIRONMENTAL IMPLICATIONS
7.1.1
7.2
SOCIAL & CULTURAL IMPLICATIONS
7.2.1
7.3
8.
Increasing the awareness of flood potential and minimising the potential risk of
flooding will have public safety benefits.
ECONOMIC IMPLICATIONS
7.3.1
7.4
The primary purpose of the SBO is to manage and minimise the impacts of
flooding on property and the environment, including on water quality.
The economic impact of flooding on individuals and communities will be
minimised through reduced flood risk. Design requirements arising from
application of the SBO may result in some increase in development costs. This
would be specific to individual proposals.
FINANCIAL IMPLICATIONS
7.4.1
Council has incurred direct costs associated with the public exhibition of
Amendment C111, and will incur further costs associated with a future Panel
hearing and statutory fees (for Ministerial approval). Provision for exhibition
has been made in the 2014/15 budget. Panel costs will need to be met in the
2015/16 financial year, with an allocation made in the draft 15/16 budget.
7.4.2
Melbourne Water has agreed to share the direct costs associated with
exhibition of the amendment, the panel hearing and statutory fees (on a 50/50
basis).
7.4.3
In order to reduce the number of planning permit applications to Council,
referrals to Melbourne Water and enquiries generally, Amendment C111 has
been structured as follows:
•
Schedules have been developed (SBO1, SBO2, SBO3) to clearly identify
which authority is responsible; and
•
Provide additional planning permit exemptions in SBO3.
IMPLEMENTATION STRATEGY
8.1
TIMELINE
8.1.1
All submissions will be formally reported to Council at the meeting on 14 July
2015, together with an officer recommended response to each of the issues
raised in submissions. This response would form the basis of Council’s
position at the Panel hearing.
8.1.2
Subject to Council’s consideration of submissions at the meeting on 14 July
2015, an independent Planning Panel would be requested to consider
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AGENDA - ORDINARY MEETING OF COUNCIL – 9 JUNE 2015
Amendment C111 and submissions. The Directions Hearing and Panel
Hearing are scheduled to take place in July and August 2015 respectively.
8.2
9.
COMMUNICATION
8.2.1
Council’s website will be updated to reflect the next steps of the amendment
process.
8.2.2
Submitters will be advised of any future Council meetings at which this matter
will be considered, including the meeting on 14 July 2015.
8.2.3
All submitters will be invited to present at the Panel Hearing.
OFFICER DIRECT OR INDIRECT INTEREST
9.1
No officers involved in the preparation of this report have any direct or indirect interest
in the matter.
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