Explanatory Report - Moreland City Council by ajizai


									                              Planning and Environment Act 1987

                       MORELAND PLANNING SCHEME

                                 AMENDMENT C123
                               EXPLANATORY REPORT

Who is the planning authority?
This amendment has been prepared by Moreland City Council, who is the planning authority
for this amendment.
The amendment has been made at the request of Moreland City Council.

Land affected by the amendment
The amendment applies to all land within the Coburg Principal Activity Centre (with the
exception of some land within a Public Use Zone, Public Park and Recreation Zone or Road
Zone), the boundary of which is defined in the Central Coburg 2020 Structure Plan (2006)
and The Coburg Initiative, including the former Pentridge Prison precinct (refer to Figure 1
                        Figure 1: Coburg Principal Activity Centre Boundary

TRIM REF: D12/242887
What the amendment does
The amendment implements the land use and built form directions from the Central Coburg
2020 Structure Plan (2006) and Colours of Coburg Place Framework and Strategies (2010),
the community framework of The Coburg Initiative (TCI).
The amendment seeks to consolidate the planning controls that apply to the Coburg
Principal Activity Centre by replacing the various existing zone provisions with one control:
Schedule 1 to the Activity Centre Zone (ACZ) at Clause 37.08 of the Moreland Planning
Scheme, with the exception of some existing land in the Public Use Zone, Public Park and
Recreation Zone (e.g. Bridges Reserve) and Road Zone. The application of the ACZ also
necessitates other changes to the planning scheme.

The amendment also makes changes to various sections of the Moreland Planning Scheme
to ensure appropriate reference of the Coburg Principal Activity Centre and the Activity
Centre Zone, and the correction of minor anomalies. Specifically, the following changes are

1. Updating Local Planning Policy Framework (LPPF), including:
   - Clause 21.04 (Moreland’s Vision)
   - Clause 21.05 (Key Strategic Statements)
   - Clause 22.02 (Development within Designated Activity Centres and Urban Villages)
   - Clause 22.05 (Developments within the Upfield Corridor)
   - Clause 22.10 (Neighbourhood Character)
   - Clause 22.11 (Development of Four or More Storeys)
2. Deleting the following Local Planning Policies:
   - Clause 22.06 (Developments within the Pentridge Prison)
   - Clause 22.12 (Coburg Activity Centre) – interim local planning policy
3. Deleting Schedule 2 to the Special Use Zone at Clause 37.01.
4. Deleting the Comprehensive Development Zone at Clause 37.02.
5. Deleting Schedule 1 to the Comprehensive Development Zone at Clause 37.02
   (Pentridge Coburg & Pentridge Village).
6. Introducing the Activity Centre Zone at Clause 37.08
7. Introducing and applying Schedule 1 to the Activity Centre Zone for the Coburg Principal
   Activity Centre at Clause 37.08.
8. Deleting Schedule 14 to the Design and Development Overlay at Clause 43.02 (511-537
   Sydney Road, Coburg).
9. Amending Clause 61.01 to make accurate reference to Pentridge Prison land within
   Coburg Principal Activity Centre Zone to allow Minister for Planning to continue to act as
   responsible authority in respect to considering and determining applications in the former
   Pentridge Prison precinct (Pentridge Coburg & Pentridge Village).
10. Amending Zoning Maps 8, 9, 11 and 12 to rezone land in the Coburg Principal Activity
    Centre from Comprehensive Development Zone 1, Special Use Zone 2, Public Use Zone
    6, Business 1 Zone, Business 2 Zone, Business 3 Zone, Industrial 3 Zone, Mixed Use
    Zone and Residential 1 Zone to Activity Centre Zone – Schedule 1.
11. Rezoning parts of No. 2, 4 & 6 Governors Road (near the corner of Pentridge Boulevard)
    to Residential 1 Zone to avoid land on one title being included in two zones (currently
    encroaching into CDZ1).

12. Rezone existing isolated Business 1 and Business 3 Zone land located immediately
    outside of the Activity Centre Zone to Residential 1 Zone, specifically:
    - 2 Hunt Street, Coburg
    - 2 & 4-6 Baxter Street, Coburg
    - 2 Reynard Street, Coburg
13. Rezone Urquhart Street (near the corner of Sydney Road) to Road Zone Category 1
    where a declared arterial road identified by the Road Management Act 2004 was
    incorrectly included in a Special Use Zone.
14. Rezone Pentridge Boulevard as Road Zone Category 1.
15. Apply the Environment Audit Overlay to 162 properties that may be potentially
    contaminated as identified in the Coburg Principal Activity Centre – Environmental Audit
    Overlay Assessment 2011 prepared by SKM.

Strategic assessment of the amendment

   Why is the amendment required?
    Planning for all of Melbourne
    Encouraging development in activity centres will help to more sustainably meet the needs
    of Victoria’s growing population, taking the pressure off more established
    neighbourhoods and reducing the pressures for urban sprawl as articulated in the policies
    of Melbourne 2030 and its update Melbourne @ 5 Million.
    In March 2008, the Melbourne 2030 Audit Expert Group recommended that the Victorian
    Government establish new planning arrangements to facilitate the rapid development of a
    number of selected Melbourne metropolitan and regional activity centres. The
    Government’s response to the audit – Planning for all of Melbourne – identified a range of
    priority initiatives to focus efforts on ensuring that the planning and management of
    activity centres would be more effective. These initiatives included the development and
    application of the ACZ into local planning schemes. Five ‘market ready’ centres were
    identified as a priority, of which Coburg Principal Activity Centre is one.
    This amendment responds to that initiative by applying the ACZ to the Coburg Principal
    Activity Centre.
    Coburg Principal Activity Centre
    This amendment is required in order to give effect to the objectives and strategies
    contained within the Central Coburg 2020 Structure Plan (2006) and Colours of Coburg
    Place Framework and Strategies (2010).
    In response to the State Government’s planning agenda, Moreland City Council adopted
    the Central Coburg 2020 Structure Plan (CC2020) in August 2006 as a means to
    advance the efforts and intent of Melbourne 2030. CC2020 outlines the vision for the
    future regeneration and development of the Coburg Principal Activity Centre.
    The Structure Plan outlined a clear vision for Coburg up to the year 2020. This vision and
    the subsequent work outlined within CC2020 marked the beginning of Moreland City
    Council’s urban redevelopment project - The Coburg Initiative (TCI).
    On the 8 December 2010, Council resolved to adopt the Colours of Coburg Place
    Framework, the community framework of TCI, with the following supporting strategies:

    - Economic Development Strategy;
    - Public Realm and Infrastructure Strategy;
    - Land Use and Built Form Strategy; and
- Innovative Governance Model.
Three concept plan scenarios were prepared as part of the TCI master planning process.
These concept plans are based on various density scenarios and are labelled Concept
Plan Low, Concept Plan Medium and Concept Plan High. The three concept plan
scenarios, along with the CC2020 Structure Plan, were evaluated to choose a preferred
development yield and scale for the overall Coburg Principal Activity Centre.
Based on modelling and analysis included in the Economic Development Strategy,
Concept Plan High was selected as the preferred development scenario for Coburg. The
Concept Plan High scenario was selected on the criteria of:

- Increasing land use density in a location that is well served by public transport.
- Stimulating economic growth that will, in turn, support diverse social and cultural
  benefits for the community.
- Reducing the overall environmental impact of the Activity Centre and the projected
  increase in population.
The Land Use and Built Form Strategy was subsequently prepared to implement the
vision and overall objectives for TCI as they relate to the built environment. This strategy
is the primary document to guide decisions on land use and development within the TCI
area, for both public (Council and State Government) and privately owned land. It
underpins all associated amendments to the Moreland Planning Scheme, and as such,
underpins the assessment of all applications for planning permits within the TCI area.
This strategy is based on the objectives of CC2020 but presents updated requirements
for land use and built form.
Importantly, CC2020 applies to the broader Coburg Principal Activity Centre as
recommended by an Advisory Committee and approved by the Minister for Planning in
June 2009. The Coburg Activity Centre extends between Carr St/Sydney Rd to the north,
Moreland Rd/Sydney Rd to the south, Rodda St to the east and Hudson St to the west.
The Coburg Activity Centre also includes the Pentridge Prison precinct within its
Conversely, TCI applies to a more specific and central geographical area of the Coburg
Principal Activity Centre, excluding the Sydney Rd north and south spines otherwise
identified within CC2020 (refer to Figure 1). Where there is any overlap, TCI takes
precedence over the CC2020 planning provisions in the preparation of Amendment C123.
Activity Centre Zone
Both CC2020 and the Colours of Coburg Place Framework were developed following
extensive community consultation and provide strategies for achieving Council’s long-
term vision for the regeneration of the centre. To support the structure plan and place
framework, Council introduced an interim policy into its planning scheme to guide
decisions in the centre (Clause 22.12 – Coburg Activity Centre). This policy expired on 31
August 2012.
Schedule 1 to the ACZ defines the boundary for the centre and identifies ten precincts
with differentiated land use and development objectives, building heights and setbacks,
and public realm improvements as articulated in the policy documents developed and
adopted by Council for the Coburg Principal Activity Centre.
The Table of Uses included in the schedule gives direction on the preferred location of
land uses across the centre. A wide range of uses are encouraged in all precincts, but
the land use emphasis is determined by specific precinct objectives. Additional details are
included for centre-wide provisions, precinct provisions, application requirements,
decision guidelines, and reference documents. The precincts can largely be described as
encouraging retail intensification and high-density residential development within the core
of the centre, and mixed-use local convenience services and lower scales of development
on the periphery.
    In most cases, there are no third party notification and review rights for applications to
    use or develop land provided there is compliance with preferred building setbacks.
    Further, mandatory building height controls, which includes maximum podium heights and
    maximum overall building heights, have been prescribed across all of the precincts
    (except Pentridge) to ensure appropriate built form and amenity standards are adhered
    to. These provisions are supported by a Built Form Rationale and Building Envelope
    report for the centre, further underpinned by CC2020 and the various strategies of the
    Colours of Coburg Place Framework.
    Interim Local Planning Policy – Coburg Activity Centre
    Clause 22.12 of the Moreland Planning Scheme provides an interim local planning policy,
    providing guidance in decision-making for use and development within the Coburg
    Activity Centre. This policy was originally introduced as a neutral translation of the
    CC2020 structure plan and expired on 31 August 2012.
    In order that there is isn’t a planning policy vacuum for the Coburg Activity Centre in the
    time Amendment C123 is being considered, an extension to the interim local planning
    policy has been requested from the Minister for Planning as part of Amendment C137. An
    extension to Clause 22.12 is requested until 31 August 2014. The policy will simply be
    superseded if the Activity Centre Zone for Coburg, through the approval of Amendment
    C123, is introduced earlier.

   How does the amendment implement the objectives of planning in Victoria?
    The amendment implements the objectives of planning in Victoria pursuant to Section 4
    of the Planning and Environment Act 1987 by providing for the fair, orderly and
    sustainable development of land where environmental, social and economic effects are
    The implementation of the Activity Centre Zone and other key changes to the Moreland
    Planning Scheme is a key initiative of furthering the vision and objectives of the Central
    Coburg 2020 Structure Plan and Colours of Coburg - Place Framework, including vital
    economic growth and development in the Coburg Principal Activity Centre into the future.

   How does the amendment address the environmental effects and any
    relevant social and economic effects?
    The Coburg Principal Activity Centre Zone has been prepared to deal with specific issues
    for the Coburg Activity Centre consistent with land use and development policies adopted
    by Council, notably CC2020 and the Colours of Coburg Place Framework and Strategies.
    The ACZ has been prepared with a number of significant features that are considered
    important in the successful implementation of CC2020 and the Colours of Coburg,
    particularly as they relate to economic, social and environmental issues. The relevant
    provisions of the ACZ can be summarised as follows:
    - Removal of third party appeal rights for new development (controlled by mandatory
      podium and maximum building heights).
    - Generous building heights up to 10 storeys within the core of the Activity Centre.
    - Removal of third party notice and appeal rights where preferred setbacks are not
      being varied.
    - A mixture of uses, with an emphasis on retailing, offices, and high-density living.
    - Removal of third party appeal rights for permit required uses.
    - Provision of new roads, pedestrian links and key public spaces.

    - Affordable housing to 20% of dwellings within a development of 10 or more dwellings.
    - Adaptable housing to 20% of dwellings within a development of 10 or more dwellings.
    - Mandatory overshadowing standards (minimum sunlight provision) to key public
    - International Best Practice Environmentally Sustainable Development standards.
    - Capacity and provision for development to tap into the proposed third stormwater pipe
      connection for Coburg.
    Overall, it is considered that the Amendment will generate positive social and economic
    benefits through significant job creation in construction and retail, as well as better meet
    community needs and demands for housing and associated uses.
    Further, the high environmental standards that should be awarded to a Principal Activity
    Centre serves to provide community benefits in a number of ways including health and
    vitality, empowering and educating the community, building community connectivity, and
    strength and improved amenity. The Coburg Activity Centre will be an “exemplar eco-city
    of the 21st century” through improved public transport, increased options for people to
    work, study and play close to home, and provision of a high quality sustainable built

   Does the amendment address relevant bushfire risk?
    The proposed amendment does not affect any areas of identified bushfire risks and as
    such has no implications.

   Does the amendment comply with the requirements of any Minister’s
    Direction applicable to the amendment?
    The Amendment is consistent with the Ministerial Direction on the Form and Content of
    Planning Schemes under Section 7(5) of the Planning and Environment Act 1987.
    The Amendment is also consistent with:
    - Ministerial Direction 1: Potentially Contaminated Land by applying the Environmental
      Audit Overlay over existing industrial land to be converted to a sensitive use;
    - Ministerial Direction 9: Metropolitan Strategy; and
    - Ministerial Direction 11: Strategic Assessment of Amendments.

   How does the amendment support or implement the State Planning Policy
    The Amendment directly supports the following Clauses of the SPPF:
    - Clause 11 (Settlement) by providing a framework to encourage and focus
      development in the Coburg Principal Activity Centre through appropriate structure
      planning and economic analysis.
    - Clause 12 (Environmental and Landscape Values) by capitalising on opportunities for
      a larger population to live within a relatively small ecological footprint. This is
      achievable because of the Centre’s proximity to public transport, provision of open
      space, walking access, established services and social infrastructure.
    - Clause 13 (Environmental Risks) by ensuring potentially contaminated land is suitable
      for safe future use, particularly sensitive uses such as child care, primary school and
    - Clause 14 (Natural Resource Management) by facilitating the catchment of stormwater
      for use on existing and new development sites, including tapping into a potential third
       pipe stormwater system for common collection and reuse within the Centre (currently
       being scoped by the relevant water authorities).
    - Clause 15 (Built Environment and Heritage) by encouraging improvements to the
      centre and high quality urban design, and by ensuring that new land uses and
      development responds to the built form and cultural context of the Centre.
    - Clause 16 (Housing) by providing for housing diversity through new residential
      development, including affordable and adaptable housing, with convenient access to
      services within the Centre.
    - Clause 17 (Economic Development) by facilitating opportunities for commercial and
      residential growth, and providing a framework for the location and management of that
      growth within the Centre.
    - Clause 18 (Transport) by encouraging and facilitating development and growth within
      the activity Centre which is integrated with easy access to the existing sustainable
      transport system.
    - Clause 19 (Infrastructure) by ensuring that development has regard to infrastructure
      and service requirements, and service authorities are kept abreast of change in the
      Centre particularly in relation to large service demands that will be generated from
      more dense development in the centre.

   How does the amendment support or implement the Local Planning Policy
    The amendment supports and implements the Local Planning Policy Framework by
    addressing local characteristics and features of the activity centre.
    Specifically, the amendment seeks to make changes to the Municipal Strategic Statement
    by introducing provisions in relation to the Coburg Principal Activity Centre consistent with
    Council’s adopted strategies, notably Central Coburg 2020 Structure Plan (2006) and the
    Colours of Coburg Place Framework and Strategies (2010).
    Clause 21.04-2 of the MSS (Focus Areas for Change) will have a new specific sub-clause
    in relation to the Coburg Principal Activity Centre with appropriate reference to both
    relevant adopted strategies.
    Overall, the LPPF will be updated to properly reflect the objectives of the Coburg
    Principal Activity Centre Zone, namely:
    - To develop Coburg Principal Activity Centre into a vibrant and diverse pedestrian
      oriented high density mixed use centre.
    - For the Centre to function as the prime shopping, living, employment and activity
      precinct in Moreland.
    - To prioritise ecologically environmentally sustainable development outcomes in the
      design, construction and operation of the urban form, buildings and places.

   Does the amendment make proper use of the Victoria Planning Provisions?
    The amendment uses the most appropriate VPP planning tools to guide development in
    the Coburg Principal Activity Centre. It introduces the ACZ to give effect to local policies
    for the Coburg Principal Activity Centre and applies an Environmental Audit Overlay to
    land which may be potentially contaminated for the purpose of sensitive uses.
    The application of the EAO has been informed by the Environmental Audit Overlay
    Assessment (21 April 2011) prepared by SKM which was funded through DPCD’s Expert
    Assistance Program.

   How does the amendment address the views of any relevant agency?

    The views of relevant agencies were sought and considered during the preparation of the
    Central Coburg 2020 Structure Plan (2006) and Colours of Coburg Place Framework and
    Strategies (2010), as well as, extensive community and professional input in the
    development of The Coburg Initiative between 2007 to 2010. During the exhibition of
    Amendment C123, feedback from the relevant agencies will again be sought, including
    but not limited to VicTrack, VicRoads, Yarra Trams, Bus Companies, Government
    Departments and Service Authorities.

   Does the amendment address relevant requirements of the Transport
    Integration Act 2010?
    The amendment complies with the relevant requirements of the Transport Integration Act,
    specifically Part 2, Division 2, 11 – Integration of transport and land use.
    The application of the ACZ would allow for an increase in business, services and housing
    in areas which are well-serviced by public transport. The expected impact this will have
    on the public transport system will be somewhat offset through a number of
    enhancements to access the system, as outlined in the Colours of Coburg – Place
    However, Council advocates for improvements to and operation of the public transport
    system throughout metropolitan Melbourne, with a local emphasis on a grade separation
    of the Coburg Train Station/Upfield Rail Line to ensure convenient movement of
    pedestrians and vehicles in and around the centre, whilst providing for above rail
    development opportunities where they currently do not exist.

Resource and administrative costs

   What impact will the new planning provisions have on the resource and
    administrative costs of the responsible authority?
    The Amendment introduces a consolidated zone that, when applied to the Coburg
    Principal Activity Centre (and other activity centres), will reduce the resource and
    administrative cost burden on responsible authorities by reducing the number of different
    zones and overlays applying in an activity centre. Further, certainty is provided in the
    mandatory approach of building heights, subsequently removing the discretion and
    debate that would otherwise occur between various stakeholders and interested parties
    on this matter. Ultimately, this will enable a more consistent and streamlined assessment
    process for planning permit applications.
    An extensive exhibition process will ensure the community, development industry and
    other key stakeholders are well informed about what constitutes appropriate development
    within the centre, making for a more efficient planning permit assessment process when
    the ACZ is introduced.
    Further, a consolidated rezoning of the Centre to an ACZ will reduce the resourcing
    pressures on Council’s Strategic Planning Unit, removing ad-hoc individual requests for
    rezoning land within the centre.

Where you may inspect this Amendment
    The amendment is available for public inspection, free of charge, during office hours at;
    -   Moreland Civic Centre, Moreland City Council, 90 Bell Street, Coburg
    -   Brunswick Town Hall, Moreland City Council, 233 Sydney Road, Brunswick
    -   Glenroy Citizens Service Centre, Moreland City Council, 796N Pascoe Vale Road,
    -   Coburg Library, Corner of Victoria and Louisa Streets, Coburg

The amendment can also be inspected free of charge on the Moreland City Council
website at www.moreland.vic.gov.au and at the Department of Planning and Community
Development website at www.dpcd.vic.gov.au/planning/publicinspection.


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