Planning and Environment Act 1987

BANYULE PLANNING SCHEME

AMENDMENT C160BANYPLANNING PERMIT APPLICATION P384/2021

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Minister for Planning, who is the planning authority for this amendment.

The amendment has been made at the request of the Beetham Parade Pty Ltd.

Land affected by the amendment

The amendment applies to land located on the eastern side of Beetham Parade, Rosanna, which adjoins the Rosanna Station Car park, as shown on the map below.

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The amendment is a combined planning permit application and planning scheme amendment under section 96A of the Act.

The planning permit application applies to the same parcel of land as the planning scheme amendment.

What the amendment does

The amendment rezones the land from Public Use Zone 4 to Commercial 1 Zone.

The planning permit application seeks approval for:

Construction of a building for commercial and dwelling use

Use of land for accommodation (dwellings)

―A reduction of car parking requirements, pursuant to Clause 52.06; and

― Removal of two trees located within the Vegetation Protection Overlay – Schedule 5 (Trees 1 and 8).

The draft planning permit is attached as a separate document to this Explanatory Report.

Strategic assessment of the amendment

Why is the amendment required?

The current PUZ4 zoning of the land reflects its public ownership and previous use for transport purposes and provides for a range of uses that are consistent with this role.

Following the removal of the level crossing on Lower Plenty Road and the construction of the new elevated Rosanna Station, the land is no longer required for transport purposes.

The site has been identified as an opportunity for mixed use development in line with the State government’s strategy to realise development opportunities as part of its programme of level crossing removals and reinvest the proceeds generated into further improvements to the public transport system.

The Amendment is required to provide an appropriate land use zoning to support mixed use development and the disposal of the land to a private developer.

The Commercial 1 Zone has been selected for the land as it supports a mix of uses including ground level commercial and upper level residential uses and is consistent with the zoning of neighbouring land to the north within the Rosanna Neighbourhood Centre.

How does the amendment implement the objectives of planning in Victoria?

Planning Schemes in Victoria must seek to achieve the objectives of planning in Victoria as set out in Section 4(1) of the Planning and Environment Act 1987. These objectives are:

to provide for the fair, orderly, economic and sustainable use, and development of land;

to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity;

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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 protect public utilities and other assets and enable the orderly provision and co-ordination of public utilities and other facilities for the benefit of the community;

to facilitate the provision of affordable housing in Victoria;

to balance the present and future interests of all Victorians.

It is considered that the Amendment will assist in implementing the above objectives.The amendment will contribute to the fair, orderly, economic and sustainable use of land by facilitating mixed use development including additional housing diversity within an established neighbourhood centre that benefits from a range of existing facilities and services and is served by the Principal Public Transport network (PPTN).

How does the amendment address any environmental, social and economic effects?

Environmental effects

The Amendment is not expected to result in any significant environmental effects.

The site is currently vacant and whilst some small trees and shrubs are located along the western boundary, it does not include significant vegetation.

The potential for site contamination has been considered through a has been considered in a Preliminary Site Investigation (PSI) prepared by Douglas Partners. This investigation concludes that the site is suitable for the proposed uses from a contamination perspective and that no further investigation is required.

The subject land is also within an Area of Aboriginal Cultural Heritage Sensitivity. Given the proposed development of the land will involves a ‘high impact activity’. Written advice has been obtained from Andrew Long and Associates regarding the need for a CHMP. This advice concludes that a mandatory CHMP is not required because the site has been subject to significant ground disturbance.

Economic effects

The amendment is expected to result in a range of positive economic effects, including:

Developing and making beneficial use of a currently vacant site.

Contributing additional commercial and retail floorspace within the Rosanna Neighbourhood Centre and providing opportunities for increased employment and economic activity within the centre.

Improving shopping choice, convenience and amenity for local residents; and

Contributing more broadly to the State’s ongoing investment in public transport infrastructure.

Social effects

The Amendment is expected to have limited social effects. The subject land is in a location that is rich in existing community infrastructure and services with capacity to serve future residents.

Does the amendment address relevant bushfire risk?

The site is not in, or in proximity to, a designated bushfire prone area and there is not anticipated to be any increased bushfire risk associated with the proposed Amendment.

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Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?The relevant Minister’s Directions are:

― Ministerial Direction on the form and content of planning schemes ― Ministerial Direction No 1 Potentially Contaminated Land ― Ministerial Direction No. 9 Metropolitan strategy ― Ministerial Direction No.11 Strategic Assessment of Amendments

Each of these is considered in turn below:

Ministerial Direction on the form and content of planning schemes

The proposed amendment has been prepared in line with these directions.

Ministerial Direction No 1 Potentially Contaminated Land

The amendment has been prepared having regard to the requirements of Ministerial Direction No.1.

A Preliminary Site Investigation has been undertaken by Douglas Partners to provide information as to the risk, and nature, of contamination at the site based on past and current land uses and provide comments on the potential contamination risks at the site and the need for further assessment, if required. This investigation included a review of the site history, a desktop review of relevant reports, a site walkover and an intrusive soil investigation via the drilling of 11 boreholes.

The PSI concludes that an Environmental Audit was not required and the Amendment does not include the application of the Environmental Audit Overlay.

Ministerial Direction No. 9 Metropolitan strategy

The amendment has had regard to and implements Plan Melbourne 2017-2050: Metropolitan Planning Strategy (Department of Environment, Land, Water and Planning, 2017) and Plan Melbourne 2017-2050: Addendum 2019 (Department of Environment, Land, Water and Planning, 2019).

In particular the basis of the Amendment to support higher density mixed use development adjacent to Rosanna Station is consistent with the following directions and policies:

- Direction 1.3 which seeks to create development opportunities at urban renewal precincts across Melbourne including opportunities that arise from major transport infrastructure investments such as level crossing removals.

- Policy 1.3.1 which states that urban renewal precincts should be developed as mixed-use neighbourhoods that offer a range and choice of housing as well as other services.

- Policy 1.3.2 which seeks to plan for new development and investment opportunities on the existing and planned transport network. The commentary under this policy highlights the importance of maximising the benefits of Melbourne’s transport infrastructure by identifying related land-development and investment opportunities. It notes that:

‘a number of new railway stations will be built over the next decade. These new stations will need to maximise public value by taking a precinct-wide approach that encourages integrated land development around stations. Planning will need to identify land-use opportunities —particularly for jobs and employment—that can leverage off major transport investments.’

- Direction 2.1 which recognises the social, economic, transport and environmental benefits of compact higher density neighbourhoods. Of particular relevance are:

o Policy 2.1.1 which includes as a priority the creation of a more consolidated city of 20-minute neighbourhoods with good access to public transport and services

o Policy 2.1.2 which seeks to facilitate an increased percentage of new housing in established areas to create a city of 20-minute neighbourhoods close to existing services, jobs and public transport

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- Direction 2.2 which seeks to deliver more housing close to jobs and public transport. It identifies a range of locations where there are opportunities for more medium and higher density development in middle suburbs close to jobs and services. These include neighbourhood activity centres – especially where they have good public transport connections.

- Direction 2.5 which seeks to provide a greater choice and diversity of housing. Of particular relevance is:

o Policy 2.5.1 which seeks to facilitate housing that offers choice and meets changing household needs.

- Direction 3.1 which aims to transform Melbourne’s transport system to support a productive city, of which level crossing removals are a key part.

- Direction 5.1 which seeks to create a city of 20-minute neighbourhoods where people have the ability to meet most of their everyday needs within a 20-minute walk, cycle or public transport trip of their home. Of particular relevance are:

o Policy 5.1.1 which seeks to create mixed use neighbourhoods at varying densities.

o Policy 5.1.2 which supports a network of vibrant neighbourhood activity centres

Ministerial Direction No. 11 Strategic Assessment of Amendments

The amendment has been prepared having regard to the Minister’s Direction No. 11 - Strategic Assessment of Amendments and with consideration of the Revised Practice Note 46 (PPN 46) --- Strategic Assessment Guidelines for Planning Scheme Amendments.

As outlined above, the planning scheme amendment accords with the relevant section of the Planning and Environment Act 1987 and the relevant Minister’s Directions and will appropriately implement the relevant provisions of Plan Melbourne 2017-2020 and the more recent 2019 Addendum.

How does the amendment support or implement the Planning Policy Framework and any adopted State policy?

In general terms, policy within the SPPF supports development within established urban areas that benefit from access to the range of services and facilities that are necessary for, or enhance, community life. These policies encourage development for a range of commercial and employment uses and increased residential densities in locations in and around activity centres and in proximity to public transport services to support urban consolidation and reduce reliance on car travel.

The Amendment seeks to facilitate mixed use development and higher density housing adjacent to Rosanna Station supports and implements key aspects of the SPPF, including:

- Clause 11.01-1S Settlement which includes strategies to promote and capitalise on opportunities for urban renewal and infill redevelopment, and to develop compact urban areas that are based around existing or planned activity centres to maximise accessibility to facilities and services.

- Clause 11.02-1S Supply of Urban Land which states that planning for urban growth consideration should be given to opportunities for the consolidation, redevelopment and intensification of existing urban areas.

- Clause 11.03-1S Activity Centres which identifies activity centres as a focus for development for a range of uses including higher density housing and facilities to serve surrounding communities.

- Clause 15.01-4R Healthy Neighbourhoods which seeks to create a city of 20-minute neighbourhoods, that give people the ability to meet most of their everyday needs within a 20 minute walk, cycle or local public transport trip from their home.

- Clause 16.01-1S Housing Supply which seeks to facilitate well-located, integrated and diverse housing that meets community needs. It encourages higher density housing development on sites that are well located in relation to jobs, services and public transport and seeks to ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for development on the fringe.

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- Clause 16.01-1R Housing Supply --- Metropolitan Melbourne which seeks to manage the supply of new housing to meet population growth and create a sustainable city by developing housing and mixed use development in nominated locations, including neighbourhood activity centres, especially those with good public transport connections.

- Clause 16.01-3S Housing Diversity which seeks to provide a range of housing types to meet diverse needs and matches changing demand by widening housing choice.

- Clause 16.01-3R Housing Diversity --- Metropolitan Melbourne which seeks to create mixed-use neighbourhoods at varying densities that offer more choice in housing.

- Clause 16.01-4S Housing Affordability which seeks to deliver more affordable housing closer to jobs, transport and services.

- Clause 17.02-1S Business which encourages development which meets the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

- Clause 18.01-1S Land Use and Transport Planning, which has the objective of creating a safe and sustainable transport system by integrating land-use and transport. Strategies supporting this objective are aimed at ensuring that jobs and community services are more accessible by ‘‘coordinating improvements to public transport, walking and cycling networks with the ongoing development and redevelopment of the urban area’’.

- Clause 18.01-2 Transport System, which seeks the coordinated development of all transport modes to provide a comprehensive transport system. Strategies to achieve this include to plan or regulate development near an existing or proposed transport route to avoid detriment to, and where possible enhance the service, safety and amenity desirable for that transport route in the short and long terms.

- Clause 18.02-1S Sustainable Personal Transport which promotes the use of sustainable personal transport and seeks to:

‘Ensure development and the planning for new suburbs, urban renewal precincts, greyfield redevelopment areas and transit oriented development areas (such as railway stations) provide opportunities to promote more walking and cycling.’

- Clause 18.02-2S Public Transport which has the objective to facilitate greater use of public transport and promote increased development close to high-quality public transport routes.

- Clause 18.02-2R Principal Public Transport Network which seeks to maximise the use of existing infrastructure and increase the diversity and density of development along the Principal Public Transport Network, particularly at interchanges, activity centres and where principal public transport routes intersect.

The Amendment will facilitate transport-oriented mixed use development of underutilised land within an established and varied neighbourhood activity centre directly adjacent to Rosanna Station, which is clearly in alignment with locational policy in the SPPF.

In assessing a particular development proposal, this support will need to be weighed against other policy directions such as those in Clauses 15 and 16 that require that new development respects the character of the surrounding area and others such as Clause 58 which seek to ensure development does not result in inappropriate on or off-site amenity impacts. The Amendment allows for these matters to be fully considered against relevant policy provisions through assessment of the planning permit application.

How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

The Banyule LPPF, and the MSS in particular, establishes a preferred pattern of development which concentrates greater levels of change and density in specified locations such as activity centres, including neighbourhood centres, while limiting change in areas of valued natural and/or built form character.

Relevant directions are found in particular at:

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- Clauses 21.01 Municipal Profile which identifies the municipality’s physical and demographic characteristics. Of relevance are:

o Limitations on developable land due to Banyule’s river corridors and diverse topography, the presence of high quality vegetation and landscape settings across large parts of the east and north east of the municipality and the city’s extensive areas of open space.

o Banyule’s growing population which is expected to increase from 125,250 in 2014 to 142,332 by 2031

o The city’s aging population, with 26.9% of the population expected to be aged 60 or over by 2031

o A declining average household size and changing household composition, with a rise expected in the proportion of couples only and single person households.

o Limited variety in the housing stock, with generally low dwelling densities.

o Varied public transport accessibility, with more identified as needing to be done to encourage public transport use including encouraging new housing to locate close to activity centres and the PPTN

o Good access to a wide range of community services and facilities including medical, health and leisure facilities.

- Clause 21.02 Vision and Strategic Framework which locates the site within the Rosanna neighbourhood activity centre and at the confluence of an arterial road (Lower Plenty Road) and the Hurstbridge railway line.

- Clause 21.04-1 Housing which identifies the issue of ‘‘Achieving a balance between the objectives of protecting residential amenity and providing for desired future neighbourhood character outcomes, on the one hand, and providing for urban consolidation and satisfying housing demand, on the other hand.’’

- It includes strategies to:

o Encourage housing growth to locate close to Activity Centres, Neighbourhood Centres and the PPTN.

o Protect residential amenity and provide for the desired neighbourhood character of residential areas.

o Encourage greater diversity of housing; in terms of layout, size, affordability and tenure.

- Clause 21.04-2 Commercial which notes that Banyule is well served by a hierarchy of Activity Centres and Neighbourhood Centres, but that there are opportunities to enhance the layout, appearance, function and viability of these centres. Relevant strategies include:

o Reinforce the existing hierarchy of retail and commercial centres in Banyule by allowing the development of existing centres to provide an improved and competitive level of service wherever this is supportable in terms of market (resident) demand and commercial viability.

- Clause 21.06 Built Environment which identifies that various parts of the City will need to accommodate change, due to population growth and the community’s changing housing needs, requiring a desired future neighbourhood character which supports more change in some parts of the City and limited change in other parts.:

o Objective 4 --- Housing Change is ‘to increase the diversity of housing types and promote new housing that meets the needs of the broader community in a manner that respects and contributes to the desired future character of residential neighbourhoods and identity of Activity Centres and Neighbourhood Centres.’

o Strategies to achieve this objective include to ‘encourage a substantial proportion of new housing to be located within or close to Activity Centres and the Principal Public Transport Network particularly where there is high frequency and quality of public transport services in operation.’

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o The Residential Areas Framework Map at locates the subject sit within the Rosanna ‘Diversity Area’. Diversity areas are at the top of the change hierarchy within Banyule.

- Clause 21.07 Transport and Infrastructure implements the Banyule Integrated Transport Plan 2015-2035 which establishes a framework to address transport issues, and create a more accessible, safe, liveable and sustainable community, and to accommodate future growth.

Of particular relevance is Objective 2 --- Integration of Transport and Land Use which seeks to facilitate land use and development in Banyule that will support sustainable transport and reduce the distance travelled. Strategies to achieve this objective include:

‘‘Support and facilitate a mix of land uses and greater housing densities in and around locations that offer greatest access to public transport, including railway stations, tram routes and high frequency bus routes, and walking and cycling infrastructure.’’

Taken together, the Amendment supports and implements key directions within the Banyule MSS by facilitating mixed use development including housing at higher densities within a designated neighbourhood centre and directly adjacent to the PPTN, consistent with Council’s spatial framework for change. Detailed assessments relating to matters such as the suitability of building design, form and scale, access and parking, landscaping and the like would be addressed through the permit application process.

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

The Amendment makes proper use of the VPPs and uses an appropriate mechanism to achieve facilitate the beneficial redevelopment of the site.

The planning scheme amendment meets the format and content requirements of the Victoria Planning Provisions. It applies the Commercial 1 Zone to a substantial opportunity site within a neighbourhood centre. It effectively extends the CIZ which affects adjoining land to the north (and is developed with apartments over ground level retail) over the subject land, which has similar characteristics.

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

The views of relevant agencies including the Department of Transport and Banyule City Council have been sought in preparing the Amendment. No objections were raised in relation to the rezoning.

Does the amendment address relevant requirements of the Transport Integration Act 2010?

The Amendment is considered to address the relevant requirements of the Transport integration Act 2010 by facilitating development that is highly accessible by, and integrated with, the transport system and, in particular the public transport network. In addition, the identification and facilitation of an integrated development opportunity associated with level crossing removals is intended to capture value that can contribute funding to further enhancements to the public transport network.

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 result in any significant impact on administrative costs for the City of Banyule. Banyule City Council will be the responsible authority for issuing the planning permit for the proposed development.

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